As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. S. B. No. 311

Senators Gardner, Padgett, Harris, Clancy, Mumper, Jacobson, Cates, Goodman, Niehaus 

Representatives Webster, Blessing, Combs, Evans, D., Martin, Schlichter, Setzer 

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A BILL

To amend sections 2151.011, 3301.41, 3301.42,

1

3313.472, 3313.48, 3313.533, 3313.603, 3313.61,

2

3313.614, 3313.615, 3313.62, 3314.012, 3314.03,

3

3317.01, 3317.029, 3325.08, and 3345.06; to enact

4

new section 3313.481 and sections 3301.43,

5

3301.46, 3302.032, 3313.6013, 3313.6014,

6

3319.0811, 3319.233, 3319.234, 3333.163, 3333.34,

7

3345.061, and 3345.062; and to repeal sections

8

3313.481 and 3313.482 of the Revised Code and to

9

amend Section 6 of Sub. H.B. 115 of the 126th

10

General Assembly to establish the Ohio Core

11

curriculum, to calculate the minimum school year

12

based on hours, rather than days, of instruction,

13

to restructure admission requirements and remedial

14

courses in state universities, to implement other

15

initiatives to enhance secondary and

16

post-secondary education in Ohio, and to make an

17

appropriation.

18

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

Section 1. That sections 2151.011, 3301.41, 3301.42,	19
3313.472, 3313.48, 3313.533, 3313.603, 3313.61, 3313.614,	20
3313.615, 3313.62, 3314.012, 3314.03, 3317.01, 3317.029, 3325.08,	21
and 3345.06 be amended and new section 3313.481 and sections	22
3301.43, 3301.46, 3302.032, 3313.6013, 3313.6014, 3319.0811,	23
3319.233, 3319.234, 3333.163, 3333.34, 3345.061, and 3345.062 of	24
the Revised Code be enacted to read as follows:	25

Sec. 2151.011.  (A) As used in the Revised Code:

26

(1) "Juvenile court" means whichever of the following is	27
applicable that has jurisdiction under this chapter and Chapter	28
2152. of the Revised Code:	29

(a) The division of the court of common pleas specified in	30
section 2101.022 or 2301.03 of the Revised Code as having	31
jurisdiction under this chapter and Chapter 2152. of the Revised	32
Code or as being the juvenile division or the juvenile division	33
combined with one or more other divisions;	34

(b) The juvenile court of Cuyahoga county or Hamilton county	35
that is separately and independently created by section 2151.08 or	36
Chapter 2153. of the Revised Code and that has jurisdiction under	37
this chapter and Chapter 2152. of the Revised Code;	38

(c) If division (A)(1)(a) or (b) of this section does not	39
apply, the probate division of the court of common pleas.	40

(2) "Juvenile judge" means a judge of a court having	41
jurisdiction under this chapter.	42

(3) "Private child placing agency" means any association, as	43
defined in section 5103.02 of the Revised Code, that is certified	44
under section 5103.03 of the Revised Code to accept temporary,	45
permanent, or legal custody of children and place the children for	46
either foster care or adoption.	47

(4) "Private noncustodial agency" means any person,	48
organization, association, or society certified by the department	49
of job and family services that does not accept temporary or	50
permanent legal custody of children, that is privately operated in	51
this state, and that does one or more of the following:	52

(a) Receives and cares for children for two or more	53
consecutive weeks;	54

(b) Participates in the placement of children in certified	55
foster homes;	56

(c) Provides adoption services in conjunction with a public	57
children services agency or private child placing agency.	58

(B) As used in this chapter:

59

(1) "Adequate parental care" means the provision by a child's	60
parent or parents, guardian, or custodian of adequate food,	61
clothing, and shelter to ensure the child's health and physical	62
safety and the provision by a child's parent or parents of	63
specialized services warranted by the child's physical or mental	64
needs.	65

(2) "Adult" means an individual who is eighteen years of age	66
or older.	67

(3) "Agreement for temporary custody" means a voluntary	68
agreement authorized by section 5103.15 of the Revised Code that	69
transfers the temporary custody of a child to a public children	70
services agency or a private child placing agency.	71

(4) "Certified foster home" means a foster home, as defined	72
in section 5103.02 of the Revised Code, certified under section	73
5103.03 of the Revised Code.	74

(5) "Child" means a person who is under eighteen years of	75
age, except that the juvenile court has jurisdiction over any	76
person who is adjudicated an unruly child prior to attaining	77
eighteen years of age until the person attains twenty-one years of	78
age, and, for purposes of that jurisdiction related to that	79
adjudication, a person who is so adjudicated an unruly child shall	80
be deemed a "child" until the person attains twenty-one years of	81
age.	82

(6) "Child day camp," "child care," "child day-care center,"	83
"part-time child day-care center," "type A family day-care home,"	84
"certified type B family day-care home," "type B home,"	85
"administrator of a child day-care center," "administrator of a	86
type A family day-care home," "in-home aide," and "authorized	87
provider" have the same meanings as in section 5104.01 of the	88
Revised Code.	89

(7) "Child care provider" means an individual who is a	90
child-care staff member or administrator of a child day-care	91
center, a type A family day-care home, or a type B family day-care	92
home, or an in-home aide or an individual who is licensed, is	93
regulated, is approved, operates under the direction of, or	94
otherwise is certified by the department of job and family	95
services, department of mental retardation and developmental	96
disabilities, or the early childhood programs of the department of	97
education.	98

(8) "Chronic truant" has the same meaning as in section	99
2152.02 of the Revised Code.	100

(9) "Commit" means to vest custody as ordered by the court.

101

(10) "Counseling" includes both of the following:

102

(a) General counseling services performed by a public	103
children services agency or shelter for victims of domestic	104
violence to assist a child, a child's parents, and a child's	105
siblings in alleviating identified problems that may cause or have	106
caused the child to be an abused, neglected, or dependent child.	107

(b) Psychiatric or psychological therapeutic counseling	108
services provided to correct or alleviate any mental or emotional	109
illness or disorder and performed by a licensed psychiatrist,	110
licensed psychologist, or a person licensed under Chapter 4757. of	111
the Revised Code to engage in social work or professional	112
counseling.	113

(11) "Custodian" means a person who has legal custody of a	114
child or a public children services agency or private child	115
placing agency that has permanent, temporary, or legal custody of	116
a child.	117

(12) "Delinquent child" has the same meaning as in section	118
2152.02 of the Revised Code.	119

(13) "Detention" means the temporary care of children pending	120
court adjudication or disposition, or execution of a court order,	121
in a public or private facility designed to physically restrict	122
the movement and activities of children.	123

(14) "Developmental disability" has the same meaning as in	124
section 5123.01 of the Revised Code.	125

(15) "Foster caregiver" has the same meaning as in section	126
5103.02 of the Revised Code.	127

(16) "Guardian" means a person, association, or corporation	128
that is granted authority by a probate court pursuant to Chapter	129
2111. of the Revised Code to exercise parental rights over a child	130
to the extent provided in the court's order and subject to the	131
residual parental rights of the child's parents.	132

(17) "Habitual truant" means any child of compulsory school	133
age who is absent without legitimate excuse for absence from the	134
public school the child is supposed to attend for five or more	135
consecutive school days, seven or more school days in one school	136
month, or twelve or more school days in a school year.	137

(18) "Juvenile traffic offender" has the same meaning as in	138
section 2152.02 of the Revised Code.	139

(19) "Legal custody" means a legal status that vests in the	140
custodian the right to have physical care and control of the child	141
and to determine where and with whom the child shall live, and the	142
right and duty to protect, train, and discipline the child and to	143
provide the child with food, shelter, education, and medical care,	144
all subject to any residual parental rights, privileges, and	145
responsibilities. An individual granted legal custody shall	146
exercise the rights and responsibilities personally unless	147
otherwise authorized by any section of the Revised Code or by the	148
court.	149

(20) A "legitimate excuse for absence from the public school	150
the child is supposed to attend" includes, but is not limited to,	151
any of the following:	152

(a) The fact that the child in question has enrolled in and	153
is attending another public or nonpublic school in this or another	154
state;	155

(b) The fact that the child in question is excused from	156
attendance at school for any of the reasons specified in section	157
3321.04 of the Revised Code;	158

(c) The fact that the child in question has received an age	159
and schooling certificate in accordance with section 3331.01 of	160
the Revised Code.	161

(21) "Mental illness" and "mentally ill person subject to	162
hospitalization by court order" have the same meanings as in	163
section 5122.01 of the Revised Code.	164

(22) "Mental injury" means any behavioral, cognitive,	165
emotional, or mental disorder in a child caused by an act or	166
omission that is described in section 2919.22 of the Revised Code	167
and is committed by the parent or other person responsible for the	168
child's care.	169

(23) "Mentally retarded person" has the same meaning as in	170
section 5123.01 of the Revised Code.	171

(24) "Nonsecure care, supervision, or training" means care,	172
supervision, or training of a child in a facility that does not	173
confine or prevent movement of the child within the facility or	174
from the facility.	175

(25) "Of compulsory school age" has the same meaning as in	176
section 3321.01 of the Revised Code.	177

(26) "Organization" means any institution, public,	178
semipublic, or private, and any private association, society, or	179
agency located or operating in the state, incorporated or	180
unincorporated, having among its functions the furnishing of	181
protective services or care for children, or the placement of	182
children in certified foster homes or elsewhere.	183

(27) "Out-of-home care" means detention facilities, shelter	184
facilities, certified children's crisis care facilities, certified	185
foster homes, placement in a prospective adoptive home prior to	186
the issuance of a final decree of adoption, organizations,	187
certified organizations, child day-care centers, type A family	188
day-care homes, child care provided by type B family day-care home	189
providers and by in-home aides, group home providers, group homes,	190
institutions, state institutions, residential facilities,	191
residential care facilities, residential camps, day camps, public	192
schools, chartered nonpublic schools, educational service centers,	193
hospitals, and medical clinics that are responsible for the care,	194
physical custody, or control of children.	195

(28) "Out-of-home care child abuse" means any of the	196
following when committed by a person responsible for the care of a	197
child in out-of-home care:	198

(a) Engaging in sexual activity with a child in the person's	199
care;	200

(b) Denial to a child, as a means of punishment, of proper or	201
necessary subsistence, education, medical care, or other care	202
necessary for a child's health;	203

(c) Use of restraint procedures on a child that cause injury	204
or pain;	205

(d) Administration of prescription drugs or psychotropic	206
medication to the child without the written approval and ongoing	207
supervision of a licensed physician;	208

(e) Commission of any act, other than by accidental means,	209
that results in any injury to or death of the child in out-of-home	210
care or commission of any act by accidental means that results in	211
an injury to or death of a child in out-of-home care and that is	212
at variance with the history given of the injury or death.	213

(29) "Out-of-home care child neglect" means any of the	214
following when committed by a person responsible for the care of a	215
child in out-of-home care:	216

(a) Failure to provide reasonable supervision according to	217
the standards of care appropriate to the age, mental and physical	218
condition, or other special needs of the child;	219

(b) Failure to provide reasonable supervision according to	220
the standards of care appropriate to the age, mental and physical	221
condition, or other special needs of the child, that results in	222
sexual or physical abuse of the child by any person;	223

(c) Failure to develop a process for all of the following:

224

(i) Administration of prescription drugs or psychotropic	225
drugs for the child;	226

(ii) Assuring that the instructions of the licensed physician	227
who prescribed a drug for the child are followed;	228

(iii) Reporting to the licensed physician who prescribed the	229
drug all unfavorable or dangerous side effects from the use of the	230
drug.	231

(d) Failure to provide proper or necessary subsistence,	232
education, medical care, or other individualized care necessary	233
for the health or well-being of the child;	234

(e) Confinement of the child to a locked room without	235
monitoring by staff;	236

(f) Failure to provide ongoing security for all prescription	237
and nonprescription medication;	238

(g) Isolation of a child for a period of time when there is	239
substantial risk that the isolation, if continued, will impair or	240
retard the mental health or physical well-being of the child.	241

(30) "Permanent custody" means a legal status that vests in a	242
public children services agency or a private child placing agency,	243
all parental rights, duties, and obligations, including the right	244
to consent to adoption, and divests the natural parents or	245
adoptive parents of all parental rights, privileges, and	246
obligations, including all residual rights and obligations.	247

(31) "Permanent surrender" means the act of the parents or,	248
if a child has only one parent, of the parent of a child, by a	249
voluntary agreement authorized by section 5103.15 of the Revised	250
Code, to transfer the permanent custody of the child to a public	251
children services agency or a private child placing agency.	252

(32) "Person" means an individual, association, corporation,	253
or partnership and the state or any of its political subdivisions,	254
departments, or agencies.	255

(33) "Person responsible for a child's care in out-of-home	256
care" means any of the following:	257

(a) Any foster caregiver, in-home aide, or provider;

258

(b) Any administrator, employee, or agent of any of the	259
following: a public or private detention facility; shelter	260
facility; certified children's crisis care facility; organization;	261
certified organization; child day-care center; type A family	262
day-care home; certified type B family day-care home; group home;	263
institution; state institution; residential facility; residential	264
care facility; residential camp; day camp; school district;	265
community school; chartered nonpublic school; educational service	266
center; hospital; or medical clinic;	267

(c) Any person who supervises or coaches children as part of	268
an extracurricular activity sponsored by a school district, public	269
school, or chartered nonpublic school;	270

(d) Any other person who performs a similar function with	271
respect to, or has a similar relationship to, children.	272

(34) "Physically impaired" means having one or more of the	273
following conditions that substantially limit one or more of an	274
individual's major life activities, including self-care, receptive	275
and expressive language, learning, mobility, and self-direction:	276

(a) A substantial impairment of vision, speech, or hearing;

277

(b) A congenital orthopedic impairment;

278

(c) An orthopedic impairment caused by disease, rheumatic	279
fever or any other similar chronic or acute health problem, or	280
amputation or another similar cause.	281

(35) "Placement for adoption" means the arrangement by a	282
public children services agency or a private child placing agency	283
with a person for the care and adoption by that person of a child	284
of whom the agency has permanent custody.	285

(36) "Placement in foster care" means the arrangement by a	286
public children services agency or a private child placing agency	287
for the out-of-home care of a child of whom the agency has	288
temporary custody or permanent custody.	289

(37) "Planned permanent living arrangement" means an order of	290
a juvenile court pursuant to which both of the following apply:	291

(a) The court gives legal custody of a child to a public	292
children services agency or a private child placing agency without	293
the termination of parental rights.	294

(b) The order permits the agency to make an appropriate	295
placement of the child and to enter into a written agreement with	296
a foster care provider or with another person or agency with whom	297
the child is placed.	298

(38) "Practice of social work" and "practice of professional	299
counseling" have the same meanings as in section 4757.01 of the	300
Revised Code.	301

(39) "Sanction, service, or condition" means a sanction,	302
service, or condition created by court order following an	303
adjudication that a child is an unruly child that is described in	304
division (A)(4) of section 2152.19 of the Revised Code.	305

(40) "Protective supervision" means an order of disposition	306
pursuant to which the court permits an abused, neglected,	307
dependent, or unruly child to remain in the custody of the child's	308
parents, guardian, or custodian and stay in the child's home,	309
subject to any conditions and limitations upon the child, the	310
child's parents, guardian, or custodian, or any other person that	311
the court prescribes, including supervision as directed by the	312
court for the protection of the child.	313

(41) "Psychiatrist" has the same meaning as in section	314
5122.01 of the Revised Code.	315

(42) "Psychologist" has the same meaning as in section	316
4732.01 of the Revised Code.	317

(43) "Residential camp" means a program in which the care,	318
physical custody, or control of children is accepted overnight for	319
recreational or recreational and educational purposes.	320

(44) "Residential care facility" means an institution,	321
residence, or facility that is licensed by the department of	322
mental health under section 5119.22 of the Revised Code and that	323
provides care for a child.	324

(45) "Residential facility" means a home or facility that is	325
licensed by the department of mental retardation and developmental	326
disabilities under section 5123.19 of the Revised Code and in	327
which a child with a developmental disability resides.	328

(46) "Residual parental rights, privileges, and	329
responsibilities" means those rights, privileges, and	330
responsibilities remaining with the natural parent after the	331
transfer of legal custody of the child, including, but not	332
necessarily limited to, the privilege of reasonable visitation,	333
consent to adoption, the privilege to determine the child's	334
religious affiliation, and the responsibility for support.	335

(47) "School day" means the school day established by the	336
state board of education of the applicable school district	337
pursuant to section 3313.483313.481 of the Revised Code.	338

(48) "School month" and "school year" havehas the same	339
meaningsmeaning as in section 3313.62 of the Revised Code.	340

(49) "Secure correctional facility" means a facility under	341
the direction of the department of youth services that is designed	342
to physically restrict the movement and activities of children and	343
used for the placement of children after adjudication and	344
disposition.	345

(50) "Sexual activity" has the same meaning as in section	346
2907.01 of the Revised Code.	347

(51) "Shelter" means the temporary care of children in	348
physically unrestricted facilities pending court adjudication or	349
disposition.	350

(52) "Shelter for victims of domestic violence" has the same	351
meaning as in section 3113.33 of the Revised Code.	352

(53) "Temporary custody" means legal custody of a child who	353
is removed from the child's home, which custody may be terminated	354
at any time at the discretion of the court or, if the legal	355
custody is granted in an agreement for temporary custody, by the	356
person who executed the agreement.	357

(C) For the purposes of this chapter, a child shall be	358
presumed abandoned when the parents of the child have failed to	359
visit or maintain contact with the child for more than ninety	360
days, regardless of whether the parents resume contact with the	361
child after that period of ninety days.	362

Sec. 3301.41. (A) The partnership for continued learning is	363
hereby established. The partnership shall consist of the following	364
members:	365

(1) The governor;

366

(2) The superintendent of public instruction;

367

(3) The chancellor of the Ohio board of regents;

368

(4) The director of development;

369

(5) Three representatives of the private sector, appointed by	370
the governor;	371

(6) Two representatives of organizations that have formed	372
regional partnerships to foster collaboration among providers of	373
preschool through postsecondary education, appointed by the	374
governor;	375

(7) One member of the student access and success coordinating	376
council of Ohio, appointed by the governor;	377

(8) Two representatives of elementary and secondary schools,	378
one of whom shall be a member of the state board of education and	379
one of whom shall represent chartered nonpublic schools, appointed	380
by the governor;	381

(9) Two representatives of institutions of higher education,	382
one of whom shall be a member of the Ohio board of regents and one	383
of whom shall represent nonprofit institutions of higher education	384
that hold certificates of authorization issued by the board of	385
regents under section 1713.02 of the Revised Code, appointed by	386
the governor;	387

(10) One member of the state workforce policy board	388
prescribed by section 6301.04 of the Revised Code, appointed by	389
the governor;	390

(11) One teacher who teaches any of grades kindergarten	391
through twelve in a school district, appointed by the governor;	392

(12) One teacher who teaches any of grades kindergarten	393
through twelve in a chartered nonpublic school, appointed by the	394
governor;	395

(13) One teacher who teaches in any of grades nine through	396
twelve in a career center, appointed by the governor;	397

(14)One representative of a comprehensive or compact	398
career-technical school, appointed by the governor;	399

(15) The chairpersons and ranking minority members of the	400
education committees of the senate and house of representatives.	401

(B) Appointed members of the partnership shall serve at the	402
pleasure of the governor.	403

(C) The governor shall serve as chairperson of the	404
partnership. The partnership shall meet at least quarterly and at	405
other times upon the call of the chairperson to conduct its	406
business.	407

Sec. 3301.42.  The partnership for continued learning shall	408
promote systemic approaches to education by supporting regional	409
efforts to foster collaboration among providers of preschool	410
through postsecondary education, identifying the workforce needs	411
of private sector employers in the state, and making	412
recommendations for facilitating collaboration among providers of	413
preschool through postsecondary education and for maintaining a	414
high-quality workforce in the state. Copies of the recommendations	415
shall be provided to the governor, the president and minority	416
leader of the senate, the speaker and minority leader of the house	417
of representatives, the chairpersons and ranking minority members	418
of the standing committees of the senate and the house of	419
representatives that consider education legislation, the	420
chairperson of the Ohio board of regents, and the president of the	421
state board of education. The recommendations shall address at	422
least the following issues:	423

(A) Expansion of access to preschool and other learning	424
opportunities for children under five years old;	425

(B) Increasing opportunities for students to earn credit	426
toward a degree from an institution of higher education while	427
enrolled in high school, including expanded opportunities for	428
students to earn that credit on their high school campuses; a	429
definition of "in good standing" for purposes of section 3313.6013	430
of the Revised Code; and legislative changes that the partnership,	431
in consultation with the Ohio board of regents and the state board	432
of education, determines would improve the operation of the	433
post-secondary enrollment options program established under	434
Chapter 3365. of the Revised Code and other dual enrollment	435
programs. The recommendations for legislative changes required by	436
this division shall be issued not later than May 31, 2007.	437

(C) Expansion of access to workforce development programs	438
administered by school districts, institutions of higher	439
education, and other providers of career-technical education;	440

(D) Alignment of the statewide academic standards for grades	441
nine through twelve adopted under section 3301.079 of the Revised	442
Code, the Ohio graduation tests prescribed by division (B) of	443
section 3301.0710 of the Revised Code, and the curriculum	444
requirements for a high school diploma prescribed by section	445
3313.603 of the Revised Code with the expectations of employers	446
and institutions of higher education regarding the knowledge and	447
skills that high school graduates should attain prior to entering	448
the workforce or enrolling in an institution of higher education;	449

(E) Improving the science and mathematics skills of students	450
and employees to meet the needs of a knowledge-intensive economy;	451

(F) Reducing the number of students who need academic	452
remediation after enrollment in an institution of higher	453
education;	454

(G) Expansion of school counseling career and educational	455
programs, access programs, and other strategies to overcome	456
financial, cultural, and organizational barriers that interfere	457
with students' planning for postsecondary education and that	458
prevent students from obtaining a postsecondary education;	459

(H) Alignment of teacher preparation programs approved by the	460
state board of education pursuant to section 3319.23 of the	461
Revised Code with the instructional needs and expectations of	462
school districts;	463

(I) Strategies for retaining more graduates of Ohio	464
institutions of higher education in the state and for attracting	465
talented individuals from outside Ohio to work in the state;	466

(J) Strategies for promoting life-longlifelong continuing	467
education as a component of maintaining a strong workforce and	468
economy;	469

(K) Appropriate measures of the impact of statewide efforts	470
to promote collaboration among providers of preschool through	471
postsecondary education and to develop a high-quality workforce	472
and strategies for collecting and sharing data relevant to such	473
measures;	474

(L) Strategies for developing and improving opportunities and	475
for removing barriers to achievement for children identified as	476
gifted under Chapter 3324. of the Revised Code.;	477

(M) Legislative changes to establish criteria by which state	478
universities may waive the general requirement, under division (B)	479
of section 3345.06 of the Revised Code, that a student complete	480
the Ohio core curriculum to be admitted as an undergraduate. The	481
partnership at least shall consider criteria for waiving the	482
requirement for students who have served in the military and	483
students who entered ninth grade on or after July 1, 2010, in	484
another state and moved to Ohio prior to high school graduation.	485
The recommendations for legislative changes under this division	486
shall be developed in consultation with the Ohio board of regents	487
and shall be issued not later than July 1, 2007.	488

Sec. 3301.43.  The partnership for continued learning, in	489
collaboration with the Ohio board of regents and the state board	490
of education, shall recommend a means of assessing high school	491
students' college and work readiness, especially in English and	492
mathematics. The partnership shall recommend one or more	493
assessments that can achieve the following goals:	494

(A) Measure students' skills against identified college and	495
work-ready expectations in English and mathematics and serve as an	496
indicator of students' readiness to successfully complete	497
introductory level coursework at an institution of higher	498
education and to avoid remedial coursework;	499

(B) Promote consistency in high school academic course	500
content, quality, and expectations;	501

(C) Provide individual students with information to assist in	502
planning the remaining high school learning experience;	503

(D) Serve as one indicator for college admission or	504
placement;	505

(E) Assist institutions of higher education in aligning	506
remedial coursework with the college and work-ready expectations	507
measured by the assessments.	508

In evaluating the range of assessment tools, the partnership	509
shall consult with the state board of education and the board of	510
regents to consider the suitability for this purpose of existing	511
state and commercial assessments, including the Ohio graduation	512
tests. The partnership's recommendations shall describe how its	513
recommended assessments fit within the existing system of state	514
achievement tests established under section 3301.0710 of the	515
Revised Code.	516

The partnership shall submit its recommendations not later	517
than July 30, 2007, to the governor, the speaker and minority	518
leader of the house of representatives, the president and minority	519
leader of the senate, the chairpersons and ranking minority	520
members of the standing committees of the house of representatives	521
and the senate that consider education legislation, the state	522
board of education, the superintendent of public instruction, the	523
board of regents, and the chancellor of the board of regents.	524

Sec. 3301.46.  Not later than April 30, 2009, the department	525
of education and the Ohio board of regents jointly shall propose a	526
standard method and form for documenting on high school	527
transcripts high school credits earned that are compatible with	528
the standards for credit transfer and articulation adopted by the	529
board of regents under sections 3333.16 and 3333.161 of the	530
Revised Code and any electronic clearinghouse for student	531
transcript transfer developed by the board of regents. The	532
proposal shall be submitted to the state board of education, the	533
chancellor of the board of regents, the partnership for continued	534
learning, the governor, the speaker and minority leader of the	535
house of representatives, the president and minority leader of the	536
senate, and the chairpersons and ranking minority members of the	537
standing committees of the house of representatives and the senate	538
that consider education legislation.	539

Sec. 3302.032.  Not later than June 30, 2012, the state board	540
of education shall select one or more methods of measuring high	541
school graduates' preparedness for higher education and the	542
workforce. The measures may include, but need not be limited to,	543
student performance on the assessments recommended under section	544
3301.43 of the Revised Code, the percentage of students who earn	545
credit toward a degree from an institution of higher education	546
while enrolled in high school, or the percentage of students who	547
take remedial coursework upon enrollment in an institution of	548
higher education.	549

The department of education annually shall include the school	550
district's or school building's performance on each applicable	551
measure on the report card issued for that district or building	552
under section 3302.03 of the Revised Code, beginning with the	553
report cards issued for the 2012-2013 school year. The department	554
shall not apply the measures to the school district's or	555
building's rating under division (B) of that section. Prior to	556
selecting the measures, the state board shall consult with the	557
partnership for continued learning and the Ohio board of regents.	558

Sec. 3313.472. (A) The board of education of each city,	559
exempted village, local, and joint vocational school district	560
shall adopt a policy on parental involvement in the schools of the	561
district. The policy shall be designed to build consistent and	562
effective communication between the parents and foster caregivers	563
of students enrolled in the district and the teachers and	564
administrators assigned to the schools their children or foster	565
children attend. The policy shall provide the opportunity for	566
parents and foster caregivers to be actively involved in their	567
children's or foster children's education and to be informed of	568
the following:	569

(A)(1) The importance of the involvement of parents and	570
foster caregivers in directly affecting the success of their	571
children's or foster children's educational efforts;	572

(B)(2) How and when to assist their children or foster	573
children in and support their children's or foster children's	574
classroom learning activities;	575

(C)(3) Techniques, strategies, and skills to use at home to	576
improve their children's or foster children's academic success and	577
to support their children's or foster children's academic efforts	578
at school and their children's or foster children's development as	579
future responsible adult members of society.	580

(B) The state board of education shall adopt recommendations	581
for the development of parental involvement policies under this	582
section. Prior to adopting the recommendations, the state board	583
shall consult with the national center for parents at the	584
university of Toledo.	585

Sec. 3313.48. (A) The board of education of each city,	586
exempted village, local, and joint vocational school district	587
shall provide for the free education of the youth of school age	588
within the district under its jurisdiction, at such places as will	589
be most convenient for the attendance of the largest number	590
thereof. Except as provided in section 3313.481 of the Revised	591
Code, eachEach school so provided and each chartered nonpublic	592
school shall be open for instruction with pupils in attendance,	593
including scheduled classes, supervised activities, and approved	594
education options but excluding lunch and breakfast periods and	595
extracurricular activities, for not less than one hundred	596
eighty-two daysfour hundred fifty-five hours in the case of	597
pupils in kindergarten unless such pupils are provided all-day	598
kindergarten, as defined in section 3317.029 of the Revised Code,	599
in which case the pupils shall be in attendance for nine hundred	600
ten hours; nine hundred ten hours in the case of pupils in grades	601
one through six; and one thousand one hours in the case of pupils	602
in grades seven through twelve in each school year, which may	603
include all of the following:	604

(A)(1) Up to four school daysten hours per year in which	605
classes are dismissed one-half day early or the equivalent amount	606
of time during a different number of daysin grades kindergarten	607
through six and up to eleven hours per year in grades seven	608
through twelve during which pupils would otherwise be in	609
attendance but are not required to attend for the purpose of	610
individualized parent-teacher conferences and reporting periods;	611

(B)(2) Up to two daysten hours per year during which pupils	612
would otherwise be in attendance but are not required to attend	613
for professional meetings of teachers when such days occur during	614
a regular school week and schools are not in sessionof grades	615
kindergarten through six, and up to eleven hours per year for such	616
meetings of teachers of grades seven through twelve;	617

(C) The number of days the school is closed as a result of	618
public calamity, as provided in section 3317.01 of the Revised	619
Code(3) Morning and afternoon recess periods of not more than	620
fifteen minutes duration per period for pupils in grades	621
kindergarten through six.	622

The state board of education shall adopt standards for	623
defining "school day" as used in sections 3313.48 and 3317.01 of	624
the Revised Code.	625

Except as otherwise provided in this section, each day for	626
grades seven through twelve shall consist of not less than five	627
clock hours with pupils in attendance, except in such emergency	628
situations, including lack of classroom space, as are approved by	629
the state board of education. Except as otherwise provided in this	630
section, each day for grades one through six shall consist of not	631
less than five clock hours with pupils in attendance which may	632
include fifteen minute morning and afternoon recess periods,	633
except in such emergency situations, including lack of classroom	634
space, as are approved by the state board of education.	635

(B) No school operated by a city, exempted village, local, or	636
joint vocational school district shall reduce the number of hours	637
in each school year and the number days in each school week that	638
the school is scheduled to be open for instruction from the number	639
of hours per year and the number of days per week the school was	640
open for instruction during the previous school year unless either	641
reduction is approved by a resolution adopted by the district	642
board of education. Any reduction so approved shall not result in	643
fewer hours of instruction per school year than the applicable	644
number of hours required under this section.	645

(C) Prior to making any change in the hours or days in which	646
a high school under its jurisdiction is open for instruction, the	647
board of education of each city, exempted village, and local	648
school district shall consider the compatibility of the proposed	649
change with the scheduling needs of any joint vocational school	650
district in which any of the high school's students are also	651
enrolled. The board shall consider the impact of the proposed	652
change on student access to the instructional programs offered by	653
the joint vocational school district, incentives for students to	654
participate in vocational education, transportation, and the	655
timing of graduation. The board shall provide the joint vocational	656
school district board with advance notice of the proposed change	657
and the two boards shall enter into a written agreement	658
prescribing reasonable accommodations to meet the scheduling needs	659
of the joint vocational school district prior to implementation of	660
the change.	661

(D) Prior to making any change in the hours or days in which	662
the schools under its jurisdiction are open for instruction, the	663
board of education of each city, exempted village, and local	664
school district shall consult with the chartered nonpublic schools	665
and community schools, established under Chapter 3314. of the	666
Revised Code, to which the district is required to transport	667
students under section 3314.09 or 3327.01 of the Revised Code and	668
shall consider the effect of the proposed change on the schedule	669
for transportation of those students to their nonpublic or	670
community schools.	671

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	672
the term "school day" is used, unless otherwise specified, that	673
term shall be construed to mean the time during a calendar day	674
other than Saturday or Sunday that a school is open for	675
instruction pursuant to the schedule adopted by the board of	676
education of the school district or the governing authority of the	677
chartered nonpublic school in accordance with section 3313.48 of	678
the Revised Code.	679

Sec. 3313.533.  (A) The board of education of a city,	680
exempted village, or local school district may adopt a resolution	681
to establish and maintain an alternative school in accordance with	682
this section. The resolution shall specify, but not necessarily be	683
limited to, all of the following:	684

(1) The purpose of the school, which purpose shall be to	685
serve students who are on suspension, who are having truancy	686
problems, who are experiencing academic failure, who have a	687
history of class disruption, who are exhibiting other academic or	688
behavioral problems specified in the resolution, or who have been	689
discharged or released from the custody of the department of youth	690
services under section 5139.51 of the Revised Code;	691

(2) The grades served by the school, which may include any of	692
grades kindergarten through twelve;	693

(3) A requirement that the school be operated in accordance	694
with this section. The board of education adopting the resolution	695
under division (A) of this section shall be the governing board of	696
the alternative school. The board shall develop and implement a	697
plan for the school in accordance with the resolution establishing	698
the school and in accordance with this section. Each plan shall	699
include, but not necessarily be limited to, all of the following:	700

(a) Specification of the reasons for which students will be	701
accepted for assignment to the school and any criteria for	702
admission that are to be used by the board to approve or	703
disapprove the assignment of students to the school;	704

(b) Specification of the criteria and procedures that will be	705
used for returning students who have been assigned to the school	706
back to the regular education program of the district;	707

(c) An evaluation plan for assessing the effectiveness of the	708
school and its educational program and reporting the results of	709
the evaluation to the public.	710

(B) Notwithstanding any provision of Title XXXIII of the	711
Revised Code to the contrary, the alternative school plan may	712
include any of the following:	713

(1) A requirement that on each school day students must	714
attend school or participate in other programs specified in the	715
plan or by the chief administrative officer of the school for a	716
period equal to the minimum school day set by the state board of	717
education under section 3313.48 of the Revised Code plus any	718
additional time required in the plan or by the chief	719
administrative officer;	720

(2) Restrictions on student participation in extracurricular	721
or interscholastic activities;	722

(3) A requirement that students wear uniforms prescribed by	723
the district board of education.	724

(C) In accordance with the alternative school plan, the	725
district board of education may employ teachers and nonteaching	726
employees necessary to carry out its duties and fulfill its	727
responsibilities or may contract with a nonprofit or for profit	728
entity to operate the alternative school, including the provision	729
of personnel, supplies, equipment, or facilities.	730

(D) An alternative school may be established in all or part	731
of a school building.	732

(E) If a district board of education elects under this	733
section, or is required by section 3313.534 of the Revised Code,	734
to establish an alternative school, the district board may join	735
with the board of education of one or more other districts to form	736
a joint alternative school by forming a cooperative education	737
school district under section 3311.52 or 3311.521 of the Revised	738
Code, or a joint educational program under section 3313.842 of the	739
Revised Code. The authority to employ personnel or to contract	740
with a nonprofit or for profit entity under division (C) of this	741
section applies to any alternative school program established	742
under this division.	743

(F) Any individual employed as a teacher at an alternative	744
school operated by a nonprofit or for profit entity under this	745
section shall be licensed and shall be subject to background	746
checks, as described in section 3319.39 of the Revised Code, in	747
the same manner as an individual employed by a school district.	748

(G) Division (G) of this section applies only to any	749
alternative school that is operated by a nonprofit or for profit	750
entity under contract with the school district.	751

(1) In addition to the specifications authorized under	752
division (B) of this section, any plan adopted under that division	753
for an alternative school to which division (G) of this section	754
also applies shall include the following:	755

(a) A description of the educational program provided at the	756
alternative school, which shall include:	757

(i) Provisions for the school to be configured in clusters or	758
small learning communities;	759

(ii) Provisions for the incorporation of education technology	760
into the curriculum;	761

(iii) Provisions for accelerated learning programs in reading	762
and mathematics.	763

(b) A method to determine the reading and mathematics level	764
of each student assigned to the alternative school and a method to	765
continuously monitor each student's progress in those areas. The	766
methods employed under this division shall be aligned with the	767
curriculum adopted by the school district board of education under	768
section 3313.60 of the Revised Code.	769

(c) A plan for social services to be provided at the	770
alternative school, such as, but not limited to, counseling	771
services, psychological support services, and enrichment programs;	772

(d) A plan for a student's transition from the alternative	773
school back to a school operated by the school district;	774

(e) A requirement that the alternative school maintain	775
financial records in a manner that is compatible with the form	776
prescribed for school districts by the auditor of state to enable	777
the district to comply with any rules adopted by the auditor of	778
state.	779

(2) Notwithstanding division (A)(2) of this section, any	780
alternative school to which division (G) of this section applies	781
shall include only grades six through twelve.	782

(3) Notwithstanding anything in division (A)(3)(a) of this	783
section to the contrary, the characteristics of students who may	784
be assigned to an alternative school to which division (G) of this	785
section applies shall include only disruptive and low-performing	786
students.	787

(H) When any district board of education determines to	788
contract with a nonprofit or for profit entity to operate an	789
alternative school under this section, the board shall use the	790
procedure set forth in this division.	791

(1) The board shall publish notice of a request for proposals	792
in a newspaper of general circulation in the district once each	793
week for a period of at least two consecutive weeks prior to the	794
date specified by the board for receiving proposals. Notices of	795
requests for proposals shall contain a general description of the	796
subject of the proposed contract and the location where the	797
request for proposals may be obtained. The request for proposals	798
shall include all of the following information:	799

(a) Instructions and information to respondents concerning	800
the submission of proposals, including the name and address of the	801
office where proposals are to be submitted;	802

(b) Instructions regarding communications, including at least	803
the names, titles, and telephone numbers of persons to whom	804
questions concerning a proposal may be directed;	805

(c) A description of the performance criteria that will be	806
used to evaluate whether a respondent to which a contract is	807
awarded is meeting the district's educational standards or the	808
method by which such performance criteria will be determined;	809

(d) Factors and criteria to be considered in evaluating	810
proposals, the relative importance of each factor or criterion,	811
and a description of the evaluation procedures to be followed;	812

(e) Any terms or conditions of the proposed contract,	813
including any requirement for a bond and the amount of such bond;	814

(f) Documents that may be incorporated by reference into the	815
request for proposals, provided that the request for proposals	816
specifies where such documents may be obtained and that such	817
documents are readily available to all interested parties.	818

(2) After the date specified for receiving proposals, the	819
board shall evaluate the submitted proposals and may hold	820
discussions with any respondent to ensure a complete understanding	821
of the proposal and the qualifications of such respondent to	822
execute the proposed contract. Such qualifications shall include,	823
but are not limited to, all of the following:	824

(a) Demonstrated competence in performance of the required	825
services as indicated by effective implementation of educational	826
programs in reading and mathematics and at least three years of	827
experience successfully serving a student population similar to	828
the student population assigned to the alternative school;	829

(b) Demonstrated performance in the areas of cost	830
containment, the provision of educational services of a high	831
quality, and any other areas determined by the board;	832

(c) Whether the respondent has the resources to undertake the	833
operation of the alternative school and to provide qualified	834
personnel to staff the school;	835

(d) Financial responsibility.

836

(3) The board shall select for further review at least three	837
proposals from respondents the board considers qualified to	838
operate the alternative school in the best interests of the	839
students and the district. If fewer than three proposals are	840
submitted, the board shall select each proposal submitted. The	841
board may cancel a request for proposals or reject all proposals	842
at any time prior to the execution of a contract.	843

The board may hold discussions with any of the three selected	844
respondents to clarify or revise the provisions of a proposal or	845
the proposed contract to ensure complete understanding between the	846
board and the respondent of the terms under which a contract will	847
be entered. Respondents shall be accorded fair and equal treatment	848
with respect to any opportunity for discussion regarding	849
clarifications or revisions. The board may terminate or	850
discontinue any further discussion with a respondent upon written	851
notice.	852

(4) Upon further review of the three proposals selected by	853
the board, the board shall award a contract to the respondent the	854
board considers to have the most merit, taking into consideration	855
the scope, complexity, and nature of the services to be performed	856
by the respondent under the contract.	857

(5) Except as provided in division (H)(6) of this section,	858
the request for proposals, submitted proposals, and related	859
documents shall become public records under section 149.43 of the	860
Revised Code after the award of the contract.	861

(6) Any respondent may request in writing that the board not	862
disclose confidential or proprietary information or trade secrets	863
contained in the proposal submitted by the respondent to the	864
board. Any such request shall be accompanied by an offer of	865
indemnification from the respondent to the board. The board shall	866
determine whether to agree to the request and shall inform the	867
respondent in writing of its decision. If the board agrees to	868
nondisclosure of specified information in a proposal, such	869
information shall not become a public record under section 149.43	870
of the Revised Code. If the respondent withdraws its proposal at	871
any time prior to the execution of a contract, the proposal shall	872
not be a public record under section 149.43 of the Revised Code.	873

(I) Upon a recommendation from the department and in	874
accordance with section 3301.16 of the Revised Code, the state	875
board of education may revoke the charter of any alternative	876
school operated by a school district that violates this section.	877

Sec. 3313.603.  (A) As used in this section:

878

(1) "One unit" means a minimum of one hundred twenty hours of	879
course instruction, except that for a laboratory course, "one	880
unit" means a minimum of one hundred fifty hours of course	881
instruction.	882

(2) "One-half unit" means a minimum of sixty hours of course	883
instruction, except that for physical education courses, "one-half	884
unit" means a minimum of one hundred twenty hours of course	885
instruction.	886

(B) Beginning September 15, 2001, except as required in	887
division (C) of this section and division (C) of section 3313.614	888
of the Revised Code, the requirements for graduation from every	889
high school shall include twenty units earned in grades nine	890
through twelve and shall be distributed as follows:	891

(1) English language arts, four units;

892

(2) Health, one-half unit;

893

(3) Mathematics, three units;

894

(4) Physical education, one-half unit;

895

(5) Science, two units until September 15, 2003, and three	896
units thereafter, which at all times shall include both of the	897
following:	898

(a) Biological sciences, one unit;

899

(b) Physical sciences, one unit.

900

(6) Social studies, three units, which shall include both of	901
the following:	902

(a) American history, one-half unit;

903

(b) American government, one-half unit.

904

(7) Elective units, seven units until September 15, 2003, and	905
six units thereafter.	906

Each student's electives shall include at least one unit, or	907
two half units, chosen from among the areas of	908
business/technology, fine arts, and/or foreign language.	909

(C) Beginning with students who enter ninth grade for the	910
first time on or after July 1, 2010, except as provided in	911
divisions (D) to (F) of this section, the requirements for	912
graduation from every public and chartered nonpublic high school	913
shall include twenty units that are designed to prepare students	914
for the workforce and college. The units shall be distributed as	915
follows:	916

(1) English language arts, four units;

917

(2) Health, one-half unit;

918

(3) Mathematics, four units, which shall include one unit of	919
algebra II or the equivalent of algebra II;	920

(4) Physical education, one-half unit;

921

(5) Science, three units with inquiry-based laboratory	922
experience that engages students in asking valid scientific	923
questions and gathering and analyzing information, which shall	924
include the following, or their equivalent:	925

(a) Physical sciences, one unit;

926

(b) Biology, one unit;

927

(c) Advanced study in one or more of the following sciences,	928
one unit:	929

(i) Chemistry, physics, or other physical science;

930

(ii) Advanced biology or other life science;

931

(iii) Astronomy, physical geology, or other earth or space	932
science.	933

(6) Social studies, three units, which shall include both of	934
the following:	935

(a) American history, one-half unit;

936

(b) American government, one-half unit.

937

Each school shall integrate the study of economics and	938
financial literacy, as expressed in the social studies academic	939
content standards adopted by the state board of education under	940
section 3301.079 of the Revised Code, into one or more existing	941
social studies credits required under division (C)(6) of this	942
section, or into the content of another class, so that every high	943
school student receives instruction in those concepts. In	944
developing the curriculum required by this paragraph, schools	945
shall use available public-private partnerships and resources and	946
materials that exist in business, industry, and through the	947
centers for economics education at institutions of higher	948
education in the state.	949

(7) Five units consisting of one or any combination of	950
foreign language, fine arts, business, career-technical education,	951
family and consumer sciences, technology, agricultural education,	952
or English language arts, mathematics, science, or social studies	953
courses not otherwise required under division (C) of this section.	954

Ohioans must be prepared to apply increased knowledge and	955
skills in the workplace and to adapt their knowledge and skills	956
quickly to meet the rapidly changing conditions of the	957
twenty-first century. National studies indicate that all high	958
school graduates need the same academic foundation, regardless of	959
the opportunities they pursue after graduation. The goal of Ohio's	960
system of elementary and secondary education is to prepare all	961
students for and seamlessly connect all students to success in	962
life beyond high school graduation, regardless of whether the next	963
step is entering the workforce, beginning an apprenticeship,	964
engaging in post-secondary training, serving in the military, or	965
pursuing a college degree.	966

The Ohio core curriculum is the standard expectation for all	967
students entering ninth grade for the first time at a public or	968
chartered nonpublic high school on or after July 1, 2010. A	969
student may satisfy this expectation through a variety of methods,	970
including, but not limited to, integrated, applied,	971
career-technical, and traditional coursework.	972

Whereas teacher quality is essential for student success in	973
completing the Ohio core curriculum, the general assembly shall	974
appropriate funds for strategic initiatives designed to strengthen	975
schools' capacities to hire and retain highly qualified teachers	976
in the subject areas required by the curriculum. Such initiatives	977
are expected to require an investment of $120,000,000 over five	978
years.	979

Stronger coordination between high schools and institutions	980
of higher education is necessary to prepare students for more	981
challenging academic endeavors and to lessen the need for academic	982
remediation in college, thereby reducing the costs of higher	983
education for Ohio's students, families, and the state. The state	984
board of education, the Ohio board of regents, and the partnership	985
for continued learning shall develop policies to ensure that only	986
in rare instances will students who complete the Ohio core	987
curriculum require academic remediation after high school.	988

School districts, community schools, and chartered nonpublic	989
schools shall integrate technology into learning experiences	990
whenever practicable across the curriculum in order to maximize	991
efficiency, enhance learning, and prepare students for success in	992
the technology-driven twenty-first century. Districts and schools	993
may use distance and web-based course delivery as a method of	994
providing or augmenting all instruction required under this	995
division, including laboratory experience in science. Districts	996
and schools shall whenever practicable utilize technology access	997
and electronic learning opportunities provided by the eTech Ohio	998
commission, the Ohio learning network, education technology	999
centers, public television stations, and other public and private	1000
providers.	1001

(D) Except as provided in division (E) of this section, a	1002
student who enters ninth grade on or after July 1, 2010, and	1003
before July 1, 2014, may qualify for graduation from a public or	1004
chartered nonpublic high school even though the student has not	1005
completed the Ohio core curriculum prescribed in division (C) of	1006
this section if all of the following conditions are satisfied:	1007

(1) After the student has attended high school for two years,	1008
as determined by the school, the student and the student's parent,	1009
guardian, or custodian sign and file with the school a written	1010
statement asserting the parent's, guardian's, or custodian's	1011
consent to the student's graduating without completing the Ohio	1012
core curriculum and acknowledging that one consequence of not	1013
completing the Ohio core curriculum is ineligibility to enroll in	1014
most state universities in Ohio without further coursework.	1015

(2) The student and parent, guardian, or custodian fulfill	1016
any procedural requirements the school stipulates to ensure the	1017
student's and parent's, guardian's, or custodian's informed	1018
consent and to facilitate orderly filing of statements under	1019
division (D)(1) of this section.	1020

(3) The student and the student's parent, guardian, or	1021
custodian and a representative of the student's high school	1022
jointly develop an individual career plan for the student that	1023
specifies the student matriculating to a two-year degree program,	1024
acquiring a business and industry credential, or entering an	1025
apprenticeship.	1026

(4) The student's high school provides counseling and support	1027
for the student related to the plan developed under division	1028
(D)(3) of this section during the remainder of the student's high	1029
school experience.	1030

(5) The student successfully completes, at a minimum, the	1031
curriculum prescribed in division (B) of this section.	1032

The partnership for continued learning, in collaboration with	1033
the department of education and the Ohio board of regents, shall	1034
analyze student performance data to determine if there are	1035
mitigating factors that warrant extending the exception permitted	1036
by division (D) of this section to high school classes beyond	1037
those entering ninth grade before July 1, 2014. The partnership	1038
shall submit its findings and any recommendations not later than	1039
August 1, 2014, to the speaker and minority leader of the house of	1040
representatives, the president and minority leader of the senate,	1041
the chairpersons and ranking minority members of the standing	1042
committees of the house of representatives and the senate that	1043
consider education legislation, the state board of education, and	1044
the superintendent of public instruction.	1045

(E) Each school district and chartered nonpublic school	1046
retains the authority to require an even more rigorous minimum	1047
curriculum for high school graduation than specified in division	1048
(B) or (C) of this section. A school district board of education,	1049
through the adoption of a resolution, or the governing authority	1050
of a chartered nonpublic school may stipulate any of the	1051
following:	1052

(1) A minimum high school curriculum that requires more than	1053
twenty units of academic credit to graduate;	1054

(2) An exception to the district's or school's minimum high	1055
school curriculum that is comparable to the exception provided in	1056
division (D) of this section but with additional requirements,	1057
which may include a requirement that the student successfully	1058
complete more than the minimum curriculum prescribed in division	1059
(B) of this section;	1060

(3) That no exception comparable to that provided in division	1061
(D) of this section is available.	1062

(F) A student enrolled in a dropout prevention and recovery	1063
program, which program has received a waiver from the department	1064
of education, may qualify for graduation from high school by	1065
successfully completing a competency-based instructional program	1066
administered by the dropout prevention and recovery program in	1067
lieu of completing the Ohio core curriculum prescribed in division	1068
(C) of this section. The department shall grant a waiver to a	1069
dropout prevention and recovery program, within sixty days after	1070
the program applies for the waiver, if the program meets all of	1071
the following conditions:	1072

(1) The program serves only students not younger than sixteen	1073
years of age and not older than twenty-one years of age.	1074

(2) The program enrolls students who, at the time of their	1075
initial enrollment, either, or both, are at least one grade level	1076
behind their cohort age groups or experience crises that	1077
significantly interfere with their academic progress such that	1078
they are prevented from continuing their traditional programs.	1079

(3) The program requires students to attain at least the	1080
applicable score designated for each of the tests prescribed under	1081
division (B) of section 3301.0710 of the Revised Code.	1082

(4) The program develops an individual career plan for the	1083
student that specifies the student's matriculating to a two-year	1084
degree program, acquiring a business and industry credential, or	1085
entering an apprenticeship.	1086

(5) The program provides counseling and support for the	1087
student related to the plan developed under division (F)(4) of	1088
this section during the remainder of the student's high school	1089
experience.	1090

(6) The program requires the student and the student's	1091
parent, guardian, or custodian to sign and file, in accordance	1092
with procedural requirements stipulated by the program, a written	1093
statement asserting the parent's, guardian's, or custodian's	1094
consent to the student's graduating without completing the Ohio	1095
core curriculum and acknowledging that one consequence of not	1096
completing the Ohio core curriculum is ineligibility to enroll in	1097
most state universities in Ohio without further coursework.	1098

(7) Prior to receiving the waiver, the program has submitted	1099
to the department an instructional plan that demonstrates how the	1100
academic content standards adopted by the state board of education	1101
under section 3301.079 of the Revised Code will be taught and	1102
assessed.	1103

If the department does not act either to grant the waiver or	1104
to reject the program application for the waiver within sixty days	1105
as required under this section, the waiver shall be considered to	1106
be granted.	1107

(G) Every high school may permit students below the ninth	1108
grade to take advanced work for high school credit. A high school	1109
shall count such advanced work toward the graduation requirements	1110
of division (B) or (C) of this section if the advanced work was	1111
both:	1112

(1) Taught by a person who possesses a license or certificate	1113
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	1114
Code that is valid for teaching high school;	1115

(2) Designated by the board of education of the city, local,	1116
or exempted village school district, the board of the cooperative	1117
education school district, or the governing authority of the	1118
chartered nonpublic school as meeting the high school curriculum	1119
requirements.	1120

(D)Each high school shall record on the student's high	1121
school transcript all high school credit awarded under division	1122
(G) of this section. In addition, if the student completed a	1123
seventh- or eighth-grade fine arts course described in division	1124
(K) of this section and the course qualified for high school	1125
credit under that division, the high school shall record that	1126
course on the student's high school transcript.	1127

(H) The department shall make its individual academic career	1128
plan available through its Ohio career information system web site	1129
for districts and schools to use as a tool for communicating with	1130
and providing guidance to students and families in selecting high	1131
school courses.	1132

(I) Units earned in English language arts, mathematics,	1133
science, and social studies that are delivered through integrated	1134
academic and technicalcareer-technical instruction are eligible	1135
to meet the graduation requirements of division (B) or (C) of this	1136
section.	1137

(J) The state board of education, in consultation with the	1138
Ohio board of regents and the partnership for continued learning,	1139
shall adopt a statewide plan implementing methods for students to	1140
earn units of high school credit based on a demonstration of	1141
subject area competency, instead of or in combination with	1142
completing hours of classroom instruction. The state board shall	1143
adopt the plan not later than March 31, 2009, and commence phasing	1144
in the plan during the 2009-2010 school year. The plan shall	1145
include a standard method for recording demonstrated proficiency	1146
on high school transcripts. Each school district, community	1147
school, and chartered nonpublic school shall comply with the state	1148
board's plan adopted under this division and award units of high	1149
school credit in accordance with the plan. The state board may	1150
adopt existing methods for earning high school credit based on a	1151
demonstration of subject area competency as necessary prior to the	1152
2009-2010 school year.	1153

(K) This division does not apply to students who qualify for	1154
graduation from high school under division (D) or (F) of this	1155
section, or to students pursuing a career-technical instructional	1156
track as determined by the school district board of education or	1157
the chartered nonpublic school's governing authority.	1158
Nevertheless, the general assembly encourages such students to	1159
consider enrolling in a fine arts course as an elective.	1160

Beginning with students who enter ninth grade for the first	1161
time on or after July 1, 2010, each student enrolled in a public	1162
or chartered nonpublic high school shall complete two semesters or	1163
the equivalent of fine arts to graduate from high school. The	1164
coursework may be completed in any of grades seven to twelve. Each	1165
student who completes a fine arts course in grade seven or eight	1166
may elect to count that course toward the five units of electives	1167
required for graduation under division (C)(7) of this section, if	1168
the course satisfied the requirements of division (G) of this	1169
section. In that case, the high school shall award the student	1170
high school credit for the course and count the course toward the	1171
five units required under division (C)(7) of this section. If the	1172
course in grade seven or eight did not satisfy the requirements of	1173
division (G) of this section, the high school shall not award the	1174
student high school credit for the course but shall count the	1175
course toward the two semesters or the equivalent of fine arts	1176
required by this division.	1177

(L) Notwithstanding anything to the contrary in this section,	1178
the board of education of each school district and the governing	1179
authority of each chartered nonpublic school may adopt a policy to	1180
excuse from the high school physical education requirement each	1181
student who, during high school, has participated in	1182
interscholastic athletics, marching band, or cheerleading for at	1183
least two full seasons. If the board or authority adopts such a	1184
policy, the board or authority shall not require the student to	1185
complete any physical education course as a condition to graduate.	1186
However, the student shall be required to complete one-half unit,	1187
consisting of at least sixty hours of instruction, in another	1188
course of study.	1189

Sec. 3313.6013. (A) As used in this section, "dual enrollment	1190
program" means a program that enables a student to earn credit	1191
toward a degree from an institution of higher education while	1192
enrolled in high school or that enables a student to complete	1193
coursework while enrolled in high school that may earn credit	1194
toward a degree from an institution of higher education upon the	1195
student's attainment of a specified score on an examination	1196
covering the coursework. Dual enrollment programs may include any	1197
of the following:	1198

(1) The post-secondary enrollment options program established	1199
under Chapter 3365. of the Revised Code;	1200

(2) Advanced placement courses;

1201

(3) Any similar program established pursuant to an agreement	1202
between a school district or chartered nonpublic high school and	1203
an institution of higher education.	1204

(B) Each city, local, exempted village, and joint vocational	1205
school district and each chartered nonpublic high school shall	1206
provide students enrolled in grades nine through twelve with the	1207
opportunity to participate in a dual enrollment program. For this	1208
purpose, each school district and chartered nonpublic high school	1209
shall offer at least one dual enrollment program in accordance	1210
with division (B)(1) or (2) of this section, as applicable.	1211

(1) A city, local, or exempted village school district meets	1212
the requirements of this division through its mandatory	1213
participation in the post-secondary enrollment options program	1214
established under Chapter 3365. of the Revised Code. However, a	1215
city, local, or exempted village school district may offer any	1216
other dual enrollment program, in addition to the post-secondary	1217
enrollment options program, and each joint vocational school	1218
district shall offer at least one other duel enrollment program,	1219
to students in good standing, as defined by the partnership for	1220
continued learning under section 3301.42 of the Revised Code.	1221

(2) A chartered nonpublic high school that elects to	1222
participate in the post-secondary enrollment options program	1223
established under Chapter 3365. of the Revised Code meets the	1224
requirements of this division. Each chartered nonpublic high	1225
school that elects not to participate in the post-secondary	1226
enrollment options program instead shall offer at least one other	1227
dual enrollment program to students in good standing, as defined	1228
by the partnership for continued learning under section 3301.42 of	1229
the Revised Code.	1230

(C) Each school district and each chartered nonpublic high	1231
school shall provide information about the dual enrollment	1232
programs offered by the district or school to all students	1233
enrolled in grades eight through eleven.	1234

Sec. 3313.6014.  The board of education of each city,	1235
exempted village, and local school district shall by resolution	1236
adopt a procedure for notifying the parent, guardian, or custodian	1237
of each student enrolled in a high school operated by the district	1238
or enrolled in a school operated by the joint vocational school	1239
district to which the city, exempted village, or local district	1240
belongs of the requirements of the Ohio core curriculum prescribed	1241
in section 3313.603 of the Revised Code and that one consequence	1242
of not completing that curriculum is ineligibility to enroll in	1243
most state universities in Ohio without further coursework.	1244

This section does not create a new cause of action or	1245
substantive legal right.	1246

Sec. 3313.61.  (A) A diploma shall be granted by the board of	1247
education of any city, exempted village, or local school district	1248
that operates a high school to any person to whom all of the	1249
following apply:	1250

(1) The person has successfully completed the curriculum in	1251
any high school or the individualized education program developed	1252
for the person by any high school pursuant to section 3323.08 of	1253
the Revised Code, or has qualified under division (D) or (F) of	1254
section 3313.603 of the Revised Code, provided that no school	1255
district shall require a student to remain in school for any	1256
specific number of semesters or other terms if the student	1257
completes the required curriculum early;	1258

(2) Subject to section 3313.614 of the Revised Code, the	1259
person either:	1260

(a) Has attained at least the applicable scores designated	1261
under division (B) of section 3301.0710 of the Revised Code on all	1262
the tests required by that division unless the person was excused	1263
from taking any such test pursuant to section 3313.532 of the	1264
Revised Code or unless division (H) or (L) of this section applies	1265
to the person;	1266

(b) Has satisfied the alternative conditions prescribed in	1267
section 3313.615 of the Revised Code.	1268

(3) The person is not eligible to receive an honors diploma	1269
granted pursuant to division (B) of this section.	1270

Except as provided in divisions (C), (E), (J), and (L) of	1271
this section, no diploma shall be granted under this division to	1272
anyone except as provided under this division.	1273

(B) In lieu of a diploma granted under division (A) of this	1274
section, an honors diploma shall be granted, in accordance with	1275
rules of the state board of education, by any such district board	1276
to anyone who successfullyaccomplishes all of the following:	1277

(1) Successfully completes the curriculum in any high school	1278
or the individualized education program developed for the person	1279
by any high school pursuant to section 3323.08 of the Revised	1280
Code, who has attained subject;	1281

(2) Subject to section 3313.614 of the Revised Code, either:

1282

(a) Has attained at least the applicable scores designated	1283
under division (B) of section 3301.0710 of the Revised Code on all	1284
the tests required by that division, or has;	1285

(b) Has satisfied the alternative conditions prescribed in	1286
section 3313.615 of the Revised Code, and who has.	1287

(3) Has met additional criteria established by the state	1288
board for the granting of such a diploma. Except	1289

An honors diploma shall not be granted to a student who is	1290
subject to the Ohio core curriculum prescribed in division (C) of	1291
section 3313.603 of the Revised Code but elects the option of	1292
division (D) or (F) of that section. Except as provided in	1293
divisions (C), (E), and (J) of this section, no honors diploma	1294
shall be granted to anyone failing to comply with this division	1295
and no more than one honors diploma shall be granted to any	1296
student under this division.	1297

The state board shall adopt rules prescribing the granting of	1298
honors diplomas under this division. These rules may prescribe the	1299
granting of honors diplomas that recognize a student's achievement	1300
as a whole or that recognize a student's achievement in one or	1301
more specific subjects or both. The rules may prescribe the	1302
granting of an honors diploma recognizing technical expertise for	1303
a career-technical student. In any case, the rules shall designate	1304
two or more criteria for the granting of each type of honors	1305
diploma the board establishes under this division and the number	1306
of such criteria that must be met for the granting of that type of	1307
diploma. The number of such criteria for any type of honors	1308
diploma shall be at least one less than the total number of	1309
criteria designated for that type and no one or more particular	1310
criteria shall be required of all persons who are to be granted	1311
that type of diploma.	1312

(C) Any such district board administering any of the tests	1313
required by section 3301.0710 or 3301.0712 of the Revised Code to	1314
any person requesting to take such test pursuant to division	1315
(B)(8)(b) of section 3301.0711 of the Revised Code shall award a	1316
diploma to such person if the person attains at least the	1317
applicable scores designated under division (B) of section	1318
3301.0710 of the Revised Code on all the tests administered and if	1319
the person has previously attained the applicable scores on all	1320
the other tests required by division (B) of that section or has	1321
been exempted or excused from attaining the applicable score on	1322
any such test pursuant to division (H) or (L) of this section or	1323
from taking any such test pursuant to section 3313.532 of the	1324
Revised Code.	1325

(D) Each diploma awarded under this section shall be signed	1326
by the president and treasurer of the issuing board, the	1327
superintendent of schools, and the principal of the high school.	1328
Each diploma shall bear the date of its issue, be in such form as	1329
the district board prescribes, and be paid for out of the	1330
district's general fund.	1331

(E) A person who is a resident of Ohio and is eligible under	1332
state board of education minimum standards to receive a high	1333
school diploma based in whole or in part on credits earned while	1334
an inmate of a correctional institution operated by the state or	1335
any political subdivision thereof, shall be granted such diploma	1336
by the correctional institution operating the programs in which	1337
such credits were earned, and by the board of education of the	1338
school district in which the inmate resided immediately prior to	1339
the inmate's placement in the institution. The diploma granted by	1340
the correctional institution shall be signed by the director of	1341
the institution, and by the person serving as principal of the	1342
institution's high school and shall bear the date of issue.	1343

(F) Persons who are not residents of Ohio but who are inmates	1344
of correctional institutions operated by the state or any	1345
political subdivision thereof, and who are eligible under state	1346
board of education minimum standards to receive a high school	1347
diploma based in whole or in part on credits earned while an	1348
inmate of the correctional institution, shall be granted a diploma	1349
by the correctional institution offering the program in which the	1350
credits were earned. The diploma granted by the correctional	1351
institution shall be signed by the director of the institution and	1352
by the person serving as principal of the institution's high	1353
school and shall bear the date of issue.	1354

(G) The state board of education shall provide by rule for	1355
the administration of the tests required by section 3301.0710 of	1356
the Revised Code to inmates of correctional institutions.	1357

(H) Any person to whom all of the following apply shall be	1358
exempted from attaining the applicable score on the test in social	1359
studies designated under division (B) of section 3301.0710 of the	1360
Revised Code or the test in citizenship designated under former	1361
division (B) of section 3301.0710 of the Revised Code as it	1362
existed prior to September 11, 2001:	1363

(1) The person is not a citizen of the United States;

1364

(2) The person is not a permanent resident of the United	1365
States;	1366

(3) The person indicates no intention to reside in the United	1367
States after the completion of high school.	1368

(I) Notwithstanding division (D) of section 3311.19 and	1369
division (D) of section 3311.52 of the Revised Code, this section	1370
and section 3311.611 of the Revised Code do not apply to the board	1371
of education of any joint vocational school district or any	1372
cooperative education school district established pursuant to	1373
divisions (A) to (C) of section 3311.52 of the Revised Code.	1374

(J) Upon receipt of a notice under division (D) of section	1375
3325.08 of the Revised Code that a student has received a diploma	1376
under that section, the board of education receiving the notice	1377
may grant a high school diploma under this section to the student,	1378
except that such board shall grant the student a diploma if the	1379
student meets the graduation requirements that the student would	1380
otherwise have had to meet to receive a diploma from the district.	1381
The diploma granted under this section shall be of the same type	1382
the notice indicates the student received under section 3325.08 of	1383
the Revised Code.	1384

(K) As used in this division, "limited English proficient	1385
student" has the same meaning as in division (C)(3) of section	1386
3301.0711 of the Revised Code.	1387

Notwithstanding division (C)(3) of section 3301.0711 of the	1388
Revised Code, no limited English proficient student who has not	1389
attained the applicable scores designated under division (B) of	1390
section 3301.0710 of the Revised Code on all the tests required by	1391
that division shall be awarded a diploma under this section.	1392

(L) Any student described by division (A)(1) of this section	1393
may be awarded a diploma without attaining the applicable scores	1394
designated on the tests prescribed under division (B) of section	1395
3301.0710 of the Revised Code provided an individualized education	1396
program specifically exempts the student from attaining such	1397
scores. This division does not negate the requirement for such a	1398
student to take all such tests or alternate assessments required	1399
by division (C)(1) of section 3301.0711 of the Revised Code for	1400
the purpose of assessing student progress as required by federal	1401
law.	1402

Sec. 3313.614.  (A) As used in this section, a person	1403
"fulfills the curriculum requirement for a diploma" at the time	1404
one of the following conditions is satisfied:	1405

(1) The person successfully completes the high school	1406
curriculum of a school district, a community school, a chartered	1407
nonpublic school, or a correctional institution.	1408

(2) The person successfully completes the individualized	1409
education program developed for the person under section 3323.08	1410
of the Revised Code.	1411

(3) A board of education issues its determination under	1412
section 3313.611 of the Revised Code that the person qualifies as	1413
having successfully completed the curriculum required by the	1414
district.	1415

(B) This division specifies the testing requirements that	1416
must be fulfilled as a condition toward granting high school	1417
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1418
of the Revised Code.	1419

(1) A person who fulfills the curriculum requirement for a	1420
diploma before September 15, 2000, is not required to pass any	1421
proficiency test or achievement test in science as a condition to	1422
receiving a diploma.	1423

(2) Except as provided in division (B)(3) of this section, a	1424
person who fulfills the curriculum requirement for a diploma prior	1425
to September 15, 2006, is not required to pass the Ohio graduation	1426
test in any subject as a condition to receiving a diploma once the	1427
person has passed the ninth grade proficiency test in the same	1428
subject, so long as the person passed the ninth grade proficiency	1429
test prior to September 15, 2008. However, any such person who	1430
passes the Ohio graduation test in any subject prior to passing	1431
the ninth grade proficiency test in the same subject shall be	1432
deemed to have passed the ninth grade proficiency test in that	1433
subject as a condition to receiving a diploma. For this purpose,	1434
the ninth grade proficiency test in citizenship substitutes for	1435
the Ohio graduation test in social studies. If a person fulfills	1436
the curriculum requirement for a diploma prior to September 15,	1437
2006, but does not pass a ninth grade proficiency test or the Ohio	1438
graduation test in a particular subject before September 15, 2008,	1439
and passage of a test in that subject is a condition for the	1440
person to receive a diploma, the person must pass the Ohio	1441
graduation test instead of the ninth grade proficiency test in	1442
that subject to receive a diploma.	1443

(3) A person who begins tenth grade after July 1, 2004, in a	1444
school district, community school, or chartered nonpublic school	1445
is not eligible to receive a diploma based on passage of ninth	1446
grade proficiency tests. Each such person must pass Ohio	1447
graduation tests to meet the testing requirements applicable to	1448
that person as a condition to receiving a diploma.	1449

(C) This division specifies the curriculum requirement that	1450
shall be completed as a condition toward granting high school	1451
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1452
of the Revised Code.	1453

(1) A person who is under twenty-two years of age when the	1454
person fulfills the curriculum requirement for a diploma shall	1455
complete the curriculum required by the school district or school	1456
issuing the diploma for the first year that the person originally	1457
enrolled in high school, except for a person who qualifies for	1458
graduation from high school under either division (D) or (F) of	1459
section 3313.603 of the Revised Code.	1460

(2) Once a person fulfills the curriculum requirement for a	1461
diploma, the person is never required, as a condition of receiving	1462
a diploma, to meet any different curriculum requirements that take	1463
effect pending the person's passage of proficiency or achievement	1464
tests, including changes mandated by section 3313.603 of the	1465
Revised Code, the state board, a school district board of	1466
education, or a governing authority of a community school or	1467
chartered nonpublic school.	1468

Sec. 3313.615.  This section shall apply to diplomas awarded	1469
after September 15, 2006, to students who are required to take the	1470
five Ohio graduation tests prescribed by division (B) of section	1471
3301.0710 of the Revised Code.	1472

(A) As an alternative to the requirement that a person attain	1473
the scores designated under division (B) of section 3301.0710 of	1474
the Revised Code on all the tests required under that division in	1475
order to be eligible for a high school diploma or an honors	1476
diploma under sections 3313.61, 3313.612, or 3325.08 of the	1477
Revised Code or for a diploma of adult education under section	1478
3313.611 of the Revised Code, a person who has attained at least	1479
the applicable scores designated under division (B) of section	1480
3301.0710 of the Revised Code on all but one of the tests required	1481
by that division and from which the person was not excused or	1482
exempted, pursuant to division (H) or (L) of section 3313.61,	1483
division (B) of section 3313.612, or section 3313.532 of the	1484
Revised Code, may be awarded a diploma or honors diploma if the	1485
person has satisfied all of the following conditions:	1486

(1) On the one test required under division (B) of section	1487
3301.0710 of the Revised Code for which the person failed to	1488
attain the designated score, the person missed that score by ten	1489
points or less;	1490

(2) Has a ninety-seven per cent school attendance rate in	1491
each of the last four school years, excluding any excused	1492
absences;	1493

(3) Has not been expelled from school under section 3313.66	1494
of the Revised Code in any of the last four school years;	1495

(4) Has a grade point average of at least 2.5 out of 4.0, or	1496
its equivalent as designated in rules adopted by the state board	1497
of education in the subject area of the test required under	1498
division (B) of section 3301.0710 of the Revised Code for which	1499
the person failed to attain the designated score;	1500

(5) Has completed the high school curriculum requirements	1501
prescribed in section 3313.603 of the Revised Code in the subject	1502
area described in division (A)(4) of thisor has qualified under	1503
division (D) or (F) of that section;	1504

(6) Has taken advantage of any intervention programs provided	1505
by the school district or school in the subject area described in	1506
division (A)(4) of this section and has a ninety-seven per cent	1507
attendance rate, excluding any excused absences, in any of those	1508
programs that are provided at times beyond the normal school day,	1509
school week, or school year or has received comparable	1510
intervention services from a source other than the school district	1511
or school;	1512

(7) Holds a letter recommending graduation from each of the	1513
person's high school teachers in the subject area described in	1514
division (A)(4) of this section and from the person's high school	1515
principal.	1516

(B) The state board of education shall establish rules	1517
designating grade point averages equivalent to the average	1518
specified in division (A)(4) of this section for use by school	1519
districts and schools with different grading systems.	1520

Sec. 3313.62.  The school year shall begin on the first day	1521
of July of each calendar year and close on the thirtieth day of	1522
June of the succeeding calendar year. A school week shall consist	1523
of up to five days, and a school month of four school weeksshall	1524
not include Saturday or Sunday.	1525

Sec. 3314.012.  (A) Within ninety days of September 28, 1999,	1526
the superintendent of public instruction shall appoint	1527
representatives of the department of education, including	1528
employees who work with the education management information	1529
system and employees of the office of community schools	1530
established by section 3314.11 of the Revised Code, to a committee	1531
to develop report card models for community schools. The director	1532
of the legislative office of education oversight shall also	1533
appoint representatives to the committee. The committee shall	1534
design model report cards appropriate for the various types of	1535
community schools approved to operate in the state. Sufficient	1536
models shall be developed to reflect the variety of grade levels	1537
served and the missions of the state's community schools. All	1538
models shall include both financial and academic data. The initial	1539
models shall be developed by March 31, 2000.	1540

(B) The department of education shall issue an annual report	1541
card for each community school. The report card shall report the	1542
academic and financial performance of the school utilizing one of	1543
the models developed under division (A) of this section. The	1544
report card shall include all information applicable to school	1545
buildings under division (A) of section 3302.03 of the Revised	1546
Code and section 3302.032 of the Revised Code.	1547

(C) Upon receipt of a copy of a contract between a sponsor	1548
and a community school entered into under this chapter, the	1549
department of education shall notify the community school of the	1550
specific model report card that will be used for that school.	1551

(D) Report cards shall be distributed to the parents of all	1552
students in the community school, to the members of the board of	1553
education of the school district in which the community school is	1554
located, and to any person who requests one from the department.	1555

(E) No report card shall be issued for any community school	1556
under this section until the school has been open for instruction	1557
for two full school years.	1558

Sec. 3314.03.  A copy of every contract entered into under	1559
this section shall be filed with the superintendent of public	1560
instruction.	1561

(A) Each contract entered into between a sponsor and the	1562
governing authority of a community school shall specify the	1563
following:	1564

(1) That the school shall be established as either of the	1565
following:	1566

(a) A nonprofit corporation established under Chapter 1702.	1567
of the Revised Code, if established prior to April 8, 2003;	1568

(b) A public benefit corporation established under Chapter	1569
1702. of the Revised Code, if established after April 8, 2003;	1570

(2) The education program of the school, including the	1571
school's mission, the characteristics of the students the school	1572
is expected to attract, the ages and grades of students, and the	1573
focus of the curriculum;	1574

(3) The academic goals to be achieved and the method of	1575
measurement that will be used to determine progress toward those	1576
goals, which shall include the statewide achievement tests;	1577

(4) Performance standards by which the success of the school	1578
will be evaluated by the sponsor. If the sponsor will evaluate the	1579
school in accordance with division (D) of section 3314.36 of the	1580
Revised Code, the contract shall specify the number of school	1581
years that the school will be evaluated under that division.	1582

(5) The admission standards of section 3314.06 of the Revised	1583
Code and, if applicable, section 3314.061 of the Revised Code;	1584

(6)(a) Dismissal procedures;

1585

(b) A requirement that the governing authority adopt an	1586
attendance policy that includes a procedure for automatically	1587
withdrawing a student from the school if the student without a	1588
legitimate excuse fails to participate in one hundred five	1589
consecutive hours of the learning opportunities offered to the	1590
student.	1591

(7) The ways by which the school will achieve racial and	1592
ethnic balance reflective of the community it serves;	1593

(8) Requirements for financial audits by the auditor of	1594
state. The contract shall require financial records of the school	1595
to be maintained in the same manner as are financial records of	1596
school districts, pursuant to rules of the auditor of state, and	1597
the audits shall be conducted in accordance with section 117.10 of	1598
the Revised Code.	1599

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

1600

(10) Qualifications of teachers, including a requirement that	1601
the school's classroom teachers be licensed in accordance with	1602
sections 3319.22 to 3319.31 of the Revised Code, except that a	1603
community school may engage noncertificated persons to teach up to	1604
twelve hours per week pursuant to section 3319.301 of the Revised	1605
Code;	1606

(11) That the school will comply with the following	1607
requirements:	1608

(a) The school will provide learning opportunities to a	1609
minimum of twenty-five students for a minimum of nine hundred	1610
twenty hours per school year;	1611

(b) The governing authority will purchase liability	1612
insurance, or otherwise provide for the potential liability of the	1613
school;	1614

(c) The school will be nonsectarian in its programs,	1615
admission policies, employment practices, and all other	1616
operations, and will not be operated by a sectarian school or	1617
religious institution;	1618

(d) The school will comply with sections 9.90, 9.91, 109.65,	1619
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	1620
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	1621
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	1622
3313.661, 3313.662, 3313.67, 3313.671, 3313.672, 3313.673,	1623
3313.69, 3313.71, 3313.716, 3313.80, 3313.96, 3319.073, 3319.321,	1624
3319.39, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	1625
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	1626
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	1627
of the Revised Code as if it were a school district and will	1628
comply with section 3301.0714 of the Revised Code in the manner	1629
specified in section 3314.17 of the Revised Code;	1630

(e) The school shall comply with Chapter 102. and section	1631
2921.42 of the Revised Code;	1632

(f) The school will comply with sections 3313.61, 3313.611,	1633
and 3313.614 of the Revised Code, except that for students who	1634
enter ninth grade for the first time before July 1, 2010, the	1635
requirement in sections 3313.61 and 3313.611 of the Revised Code	1636
that a person must successfully complete the curriculum in any	1637
high school prior to receiving a high school diploma may be met by	1638
completing the curriculum adopted by the governing authority of	1639
the community school rather than the curriculum specified in Title	1640
XXXIII of the Revised Code or any rules of the state board of	1641
education;. Beginning with students who enter ninth grade for the	1642
first time on or after July 1, 2010, the requirement in sections	1643
3313.61 and 3313.611 of the Revised Code that a person must	1644
successfully complete the curriculum of a high school prior to	1645
receiving a high school diploma shall be met by completing the	1646
Ohio core curriculum prescribed in division (C) of section	1647
3313.603 of the Revised Code, unless the person qualifies under	1648
division (D) or (F) of that section. Each school shall comply with	1649
the plan for awarding high school credit based on demonstration of	1650
subject area competency, adopted by the state board of education	1651
under division (J) of section 3313.603 of the Revised Code.	1652

(g) The school governing authority will submit within four	1653
months after the end of each school year a report of its	1654
activities and progress in meeting the goals and standards of	1655
divisions (A)(3) and (4) of this section and its financial status	1656
to the sponsor and the parents of all students enrolled in the	1657
school.	1658

(h) The school, unless it is an internet- or computer-based	1659
community school, will comply with section 3313.801 of the Revised	1660
Code as if it were a school district.	1661

(12) Arrangements for providing health and other benefits to	1662
employees;	1663

(13) The length of the contract, which shall begin at the	1664
beginning of an academic year. No contract shall exceed five years	1665
unless such contract has been renewed pursuant to division (E) of	1666
this section.	1667

(14) The governing authority of the school, which shall be	1668
responsible for carrying out the provisions of the contract;	1669

(15) A financial plan detailing an estimated school budget	1670
for each year of the period of the contract and specifying the	1671
total estimated per pupil expenditure amount for each such year.	1672
The plan shall specify for each year the base formula amount that	1673
will be used for purposes of funding calculations under section	1674
3314.08 of the Revised Code. This base formula amount for any year	1675
shall not exceed the formula amount defined under section 3317.02	1676
of the Revised Code. The plan may also specify for any year a	1677
percentage figure to be used for reducing the per pupil amount of	1678
the subsidy calculated pursuant to section 3317.029 of the Revised	1679
Code the school is to receive that year under section 3314.08 of	1680
the Revised Code.	1681

(16) Requirements and procedures regarding the disposition of	1682
employees of the school in the event the contract is terminated or	1683
not renewed pursuant to section 3314.07 of the Revised Code;	1684

(17) Whether the school is to be created by converting all or	1685
part of an existing public school or is to be a new start-up	1686
school, and if it is a converted public school, specification of	1687
any duties or responsibilities of an employer that the board of	1688
education that operated the school before conversion is delegating	1689
to the governing board of the community school with respect to all	1690
or any specified group of employees provided the delegation is not	1691
prohibited by a collective bargaining agreement applicable to such	1692
employees;	1693

(18) Provisions establishing procedures for resolving	1694
disputes or differences of opinion between the sponsor and the	1695
governing authority of the community school;	1696

(19) A provision requiring the governing authority to adopt a	1697
policy regarding the admission of students who reside outside the	1698
district in which the school is located. That policy shall comply	1699
with the admissions procedures specified in sections 3314.06 and	1700
3314.061 of the Revised Code and, at the sole discretion of the	1701
authority, shall do one of the following:	1702

(a) Prohibit the enrollment of students who reside outside	1703
the district in which the school is located;	1704

(b) Permit the enrollment of students who reside in districts	1705
adjacent to the district in which the school is located;	1706

(c) Permit the enrollment of students who reside in any other	1707
district in the state.	1708

(20) A provision recognizing the authority of the department	1709
of education to take over the sponsorship of the school in	1710
accordance with the provisions of division (C) of section 3314.015	1711
of the Revised Code;	1712

(21) A provision recognizing the sponsor's authority to	1713
assume the operation of a school under the conditions specified in	1714
division (B) of section 3314.073 of the Revised Code;	1715

(22) A provision recognizing both of the following:

1716

(a) The authority of public health and safety officials to	1717
inspect the facilities of the school and to order the facilities	1718
closed if those officials find that the facilities are not in	1719
compliance with health and safety laws and regulations;	1720

(b) The authority of the department of education as the	1721
community school oversight body to suspend the operation of the	1722
school under section 3314.072 of the Revised Code if the	1723
department has evidence of conditions or violations of law at the	1724
school that pose an imminent danger to the health and safety of	1725
the school's students and employees and the sponsor refuses to	1726
take such action;	1727

(23) A description of the learning opportunities that will be	1728
offered to students including both classroom-based and	1729
non-classroom-based learning opportunities that is in compliance	1730
with criteria for student participation established by the	1731
department under division (L)(2) of section 3314.08 of the Revised	1732
Code;	1733

(24) The school will comply with section 3302.04 of the	1734
Revised Code, including division (E) of that section to the extent	1735
possible, except that any action required to be taken by a school	1736
district pursuant to that section shall be taken by the sponsor of	1737
the school. However, the sponsor shall not be required to take any	1738
action described in division (F) of that section.	1739

(25) Beginning in the 2006-2007 school year, the school will	1740
open for operation not later than the thirtieth day of September	1741
each school year, unless the mission of the school as specified	1742
under division (A)(2) of this section is solely to serve dropouts.	1743
In its initial year of operation, if the school fails to open by	1744
the thirtieth day of September, or within one year after the	1745
adoption of the contract pursuant to division (D) of section	1746
3314.02 of the Revised Code if the mission of the school is solely	1747
to serve dropouts, the contract shall be void.	1748

(B) The community school shall also submit to the sponsor a	1749
comprehensive plan for the school. The plan shall specify the	1750
following:	1751

(1) The process by which the governing authority of the	1752
school will be selected in the future;	1753

(2) The management and administration of the school;

1754

(3) If the community school is a currently existing public	1755
school, alternative arrangements for current public school	1756
students who choose not to attend the school and teachers who	1757
choose not to teach in the school after conversion;	1758

(4) The instructional program and educational philosophy of	1759
the school;	1760

(5) Internal financial controls.

1761

(C) A contract entered into under section 3314.02 of the	1762
Revised Code between a sponsor and the governing authority of a	1763
community school may provide for the community school governing	1764
authority to make payments to the sponsor, which is hereby	1765
authorized to receive such payments as set forth in the contract	1766
between the governing authority and the sponsor. The total amount	1767
of such payments for oversight and monitoring of the school shall	1768
not exceed three per cent of the total amount of payments for	1769
operating expenses that the school receives from the state.	1770

(D) The contract shall specify the duties of the sponsor	1771
which shall be in accordance with the written agreement entered	1772
into with the department of education under division (B) of	1773
section 3314.015 of the Revised Code and shall include the	1774
following:	1775

(1) Monitor the community school's compliance with all laws	1776
applicable to the school and with the terms of the contract;	1777

(2) Monitor and evaluate the academic and fiscal performance	1778
and the organization and operation of the community school on at	1779
least an annual basis;	1780

(3) Report on an annual basis the results of the evaluation	1781
conducted under division (D)(2) of this section to the department	1782
of education and to the parents of students enrolled in the	1783
community school;	1784

(4) Provide technical assistance to the community school in	1785
complying with laws applicable to the school and terms of the	1786
contract;	1787

(5) Take steps to intervene in the school's operation to	1788
correct problems in the school's overall performance, declare the	1789
school to be on probationary status pursuant to section 3314.073	1790
of the Revised Code, suspend the operation of the school pursuant	1791
to section 3314.072 of the Revised Code, or terminate the contract	1792
of the school pursuant to section 3314.07 of the Revised Code as	1793
determined necessary by the sponsor;	1794

(6) Have in place a plan of action to be undertaken in the	1795
event the community school experiences financial difficulties or	1796
closes prior to the end of a school year.	1797

(E) Upon the expiration of a contract entered into under this	1798
section, the sponsor of a community school may, with the approval	1799
of the governing authority of the school, renew that contract for	1800
a period of time determined by the sponsor, but not ending earlier	1801
than the end of any school year, if the sponsor finds that the	1802
school's compliance with applicable laws and terms of the contract	1803
and the school's progress in meeting the academic goals prescribed	1804
in the contract have been satisfactory. Any contract that is	1805
renewed under this division remains subject to the provisions of	1806
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	1807

(F) If a community school fails to open for operation within	1808
one year after the contract entered into under this section is	1809
adopted pursuant to division (D) of section 3314.02 of the Revised	1810
Code or permanently closes prior to the expiration of the	1811
contract, the contract shall be void and the school shall not	1812
enter into a contract with any other sponsor. A school shall not	1813
be considered permanently closed because the operations of the	1814
school have been suspended pursuant to section 3314.072 of the	1815
Revised Code. Any contract that becomes void under this division	1816
shall not count toward any statewide limit on the number of such	1817
contracts prescribed by section 3314.013 of the Revised Code.	1818

Sec. 3317.01.  As used in this section and section 3317.011	1819
of the Revised Code, "school district," unless otherwise	1820
specified, means any city, local, exempted village, joint	1821
vocational, or cooperative education school district and any	1822
educational service center.	1823

This chapter shall be administered by the state board of	1824
education. The superintendent of public instruction shall	1825
calculate the amounts payable to each school district and shall	1826
certify the amounts payable to each eligible district to the	1827
treasurer of the district as provided by this chapter. As soon as	1828
possible after such amounts are calculated, the superintendent	1829
shall certify to the treasurer of each school district the	1830
district's adjusted charge-off increase, as defined in section	1831
5705.211 of the Revised Code. No moneys shall be distributed	1832
pursuant to this chapter without the approval of the controlling	1833
board.	1834

The state board of education shall, in accordance with	1835
appropriations made by the general assembly, meet the financial	1836
obligations of this chapter.	1837

Annually, the department of education shall calculate and	1838
report to each school district the district's total state and	1839
local funds for providing an adequate basic education to the	1840
district's nonhandicapped students, utilizing the determination in	1841
section 3317.012 of the Revised Code. In addition, the department	1842
shall calculate and report separately for each school district the	1843
district's total state and local funds for providing an adequate	1844
education for its handicapped students, utilizing the	1845
determinations in both sections 3317.012 and 3317.013 of the	1846
Revised Code.	1847

Not later than the thirty-first day of August of each fiscal	1848
year, the department of education shall provide to each school	1849
district and county MR/DD board a preliminary estimate of the	1850
amount of funding that the department calculates the district will	1851
receive under each of divisions (C)(1) and (4) of section 3317.022	1852
of the Revised Code. No later than the first day of December of	1853
each fiscal year, the department shall update that preliminary	1854
estimate.	1855

Moneys distributed pursuant to this chapter shall be	1856
calculated and paid on a fiscal year basis, beginning with the	1857
first day of July and extending through the thirtieth day of June.	1858
The moneys appropriated for each fiscal year shall be distributed	1859
at least monthly to each school district unless otherwise provided	1860
for. The state board shall submit a yearly distribution plan to	1861
the controlling board at its first meeting in July. The state	1862
board shall submit any proposed midyear revision of the plan to	1863
the controlling board in January. Any year-end revision of the	1864
plan shall be submitted to the controlling board in June. If	1865
moneys appropriated for each fiscal year are distributed other	1866
than monthly, such distribution shall be on the same basis for	1867
each school district.	1868

The total amounts paid each month shall constitute, as nearly	1869
as possible, one-twelfth of the total amount payable for the	1870
entire year.	1871

Until fiscal year 2007, payments made during the first six	1872
months of the fiscal year may be based on an estimate of the	1873
amounts payable for the entire year. Payments made in the last six	1874
months shall be based on the final calculation of the amounts	1875
payable to each school district for that fiscal year. Payments	1876
made in the last six months may be adjusted, if necessary, to	1877
correct the amounts distributed in the first six months, and to	1878
reflect enrollment increases when such are at least three per	1879
cent.	1880

Beginning in fiscal year 2007, payments shall be calculated	1881
to reflect the biannual reporting of average daily membership. In	1882
fiscal year 2007 and in each fiscal year thereafter, annualized	1883
periodic payments for each school district shall be based on the	1884
district's student counts certified pursuant to section 3317.03 of	1885
the Revised Code as follows:	1886

the sum of one-half of the number of students reported

1887

for the first full week in October plus one-half of the

1888

average of the numbers reported for the first full week

1889

in October and for the first full week in February

1890

Except as otherwise provided, payments under this chapter	1891
shall be made only to those school districts in which:	1892

(A) The school district, except for any educational service	1893
center and any joint vocational or cooperative education school	1894
district, levies for current operating expenses at least twenty	1895
mills. Levies for joint vocational or cooperative education	1896
school districts or county school financing districts, limited to	1897
or to the extent apportioned to current expenses, shall be	1898
included in this qualification requirement. School district income	1899
tax levies under Chapter 5748. of the Revised Code, limited to or	1900
to the extent apportioned to current operating expenses, shall be	1901
included in this qualification requirement to the extent	1902
determined by the tax commissioner under division (D) of section	1903
3317.021 of the Revised Code.	1904

(B) The school year next preceding the fiscal year for which	1905
such payments are authorized meets the requirement of section	1906
3313.48 or 3313.481 of the Revised Code, with regard to the	1907
minimum number of days or hours school must be open for	1908
instruction with pupils in attendance, for individualized	1909
parent-teacher conference and reporting periods, and for	1910
professional meetings of teachers. This requirement shall be	1911
waived by the superintendent of public instruction if it had been	1912
necessary for a school to be closed because of disease epidemic,	1913
hazardous weather conditions, inoperability of school buses or	1914
other equipment necessary to the school's operation, damage to a	1915
school building, or other temporary circumstances due to utility	1916
failure rendering the school building unfit for school use,	1917
provided that for those school districts operating pursuant to	1918
section 3313.48 of the Revised Code the number of days the school	1919
was actually open for instruction with pupils in attendance and	1920
for individualized parent-teacher conference and reporting periods	1921
is not less than one hundred seventy-five, or for those school	1922
districts operating on a trimester plan the number of days the	1923
school was actually open for instruction with pupils in attendance	1924
not less than seventy-nine days in any trimester, for those school	1925
districts operating on a quarterly plan the number of days the	1926
school was actually open for instruction with pupils in attendance	1927
not less than fifty-nine days in any quarter, or for those school	1928
districts operating on a pentamester plan the number of days the	1929
school was actually open for instruction with pupils in attendance	1930
not less than forty-four days in any pentamester.	1931

A school district shall not be considered to have failed to	1932
comply with this division or section 3313.481 of the Revised Code	1933
because schools were open for instruction but either twelfth grade	1934
students were excused from attendance for up to three dayssixteen	1935
and one-half hours or only a portion of the kindergarten students	1936
were in attendance for up to three daysfifteen hours, in the case	1937
of students attending all-day kindergarten, and seven and one-half	1938
hours, in the case of students attending half-day kindergarten, in	1939
order to allow for the gradual orientation to school of such	1940
students.	1941

The superintendent of public instruction shall waive the	1942
requirements of this section with reference to the minimum number	1943
of days or hours school must be in session with pupils in	1944
attendance for the school year succeeding the school year in which	1945
a board of education initiates a plan of operation pursuant to	1946
section 3313.481 of the Revised Code. The minimum requirements of	1947
this section shall again be applicable to such a district	1948
beginning with the school year commencing the second July	1949
succeeding the initiation of one such plan, and for each school	1950
year thereafter.	1951

A school district shall not be considered to have failed to	1952
comply with this division or section 3313.48 or 3313.481 of the	1953
Revised Code because schools were open for instruction but the	1954
length of the regularly scheduled school day, for any number of	1955
days during the school year, was reduced by not more than two	1956
hours due to hazardous weather conditions.	1957

(C) The school district has on file, and is paying in	1958
accordance with, a teachers' salary schedule which complies with	1959
section 3317.13 of the Revised Code.	1960

A board of education or governing board of an educational	1961
service center which has not conformed with other law and the	1962
rules pursuant thereto, shall not participate in the distribution	1963
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	1964
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	1965
and sufficient reason established to the satisfaction of the state	1966
board of education and the state controlling board.	1967

All funds allocated to school districts under this chapter,	1968
except those specifically allocated for other purposes, shall be	1969
used to pay current operating expenses only.	1970

Sec. 3317.029.  (A) As used in this section:

1971

(1) "Poverty percentage" means the quotient obtained by	1972
dividing the five-year average number of children ages five to	1973
seventeen residing in the school district and living in a family	1974
receiving assistance under the Ohio works first program or an	1975
antecedent program known as TANF or ADC, as certified or adjusted	1976
under section 3317.10 of the Revised Code, by the district's	1977
three-year average formula ADM.	1978

(2) "Statewide poverty percentage" means the five-year	1979
average of the total number of children ages five to seventeen	1980
years residing in the state and receiving assistance under the	1981
Ohio works first program or an antecedent program known as TANF or	1982
ADC, divided by the sum of the three-year average formula ADMs for	1983
all school districts in the state.	1984

(3) "Poverty index" means the quotient obtained by dividing	1985
the school district's poverty percentage by the statewide poverty	1986
percentage.	1987

(4) "Poverty student count" means the five-year average	1988
number of children ages five to seventeen residing in the school	1989
district and living in a family receiving assistance under the	1990
Ohio works first program or an antecedent program known as TANF or	1991
ADC, as certified under section 3317.10 of the Revised Code.	1992

(5) "Kindergarten ADM" means the number of students reported	1993
under section 3317.03 of the Revised Code as enrolled in	1994
kindergarten, excluding any kindergarten students reported under	1995
division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.	1996

(6) "Kindergarten through third grade ADM" means the amount	1997
calculated as follows:	1998

(a) Multiply the kindergarten ADM by the sum of one plus the	1999
all-day kindergarten percentage;	2000

(b) Add the number of students in grades one through three;

2001

(c) Subtract from the sum calculated under division (A)(6)(b)	2002
of this section the number of special education students in grades	2003
kindergarten through three.	2004

"Kindergarten through third grade ADM" shall not include any	2005
students reported under division (B)(3)(e) or (f) of section	2006
3317.03 of the Revised Code.	2007

(7) "All-day kindergarten" means a kindergarten class that is	2008
in session five days per week for not less than the same number of	2009
clock hours each dayweek as for pupils in grades one through six.	2010

(8) "All-day kindergarten percentage" means the percentage of	2011
a district's actual total number of students enrolled in	2012
kindergarten who are enrolled in all-day kindergarten.	2013

(9) "Buildings with the highest concentration of need" means	2014
the school buildings in a district with percentages of students in	2015
grades kindergarten through three receiving assistance under Ohio	2016
works first at least as high as the district-wide percentage of	2017
students receiving such assistance.	2018

If, in any fiscal year, the information provided by the	2019
department of job and family services under section 3317.10 of the	2020
Revised Code is insufficient to determine the Ohio works first	2021
percentage in each building, "buildings with the highest	2022
concentration of need" has the meaning given in rules that the	2023
department of education shall adopt. The rules shall base the	2024
definition of "buildings with the highest concentration of need"	2025
on family income of students in grades kindergarten through three	2026
in a manner that, to the extent possible with available data,	2027
approximates the intent of this division and division (K) of this	2028
section to designate buildings where the Ohio works first	2029
percentage in those grades equals or exceeds the district-wide	2030
Ohio works first percentage.	2031

(B) In addition to the amounts required to be paid to a	2032
school district under section 3317.022 of the Revised Code, the	2033
department of education shall compute and distribute to each	2034
school district for poverty-based assistance the greater of the	2035
following:	2036

(1) The amount the district received in fiscal year 2005 for	2037
disadvantaged pupil impact aid pursuant to Section 41.10 of Am.	2038
Sub. H.B. 95 of the 125th General Assemblygeneral assembly, as	2039
amended, minus the amount deducted from the district under Section	2040
16 of Am. Sub. S.B. 2 of the 125th General Assemblygeneral	2041
assembly that year for payments to internet- and computer-based	2042
community schools;	2043

(2) The sum of the computations made under divisions (C) to	2044
(I) of this section.	2045

(C) A payment for academic intervention programs, if the	2046
district's poverty index is greater than or equal to 0.25,	2047
calculated as follows:	2048

(1) If the district's poverty index is greater than or equal	2049
to 0.25, calculate the district's level one amount for large-group	2050
academic intervention for all students as follows:	2051

(a) If the district's poverty index is greater than or equal	2052
to 0.25 but less than 0.75:	2053

large-group intervention units X hourly rate X

2054

level one hours X [(poverty index – 0.25)/0.5]

2055

X phase-in percentage

2056

Where:

2057

(i) "Large-group intervention units" equals the district's	2058
formula ADM divided by 20;	2059

(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and	2060
$20.40 in fiscal year 2007;	2061

(iii) "Level one hours" equals 25 hours;

2062

(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006	2063
and 1.00 in fiscal year 2007.	2064

(b) If the district's poverty index is greater than or equal	2065
to 0.75:	2066

large-group intervention units X hourly rate X

2067

level one hours X phase-in percentage

2068

Where "large-group intervention units," "hourly rate," "level	2069
one hours," and "phase-in percentage" have the same meanings as in	2070
division (C)(1)(a) of this section.	2071

(2) If the district's poverty index is greater than or equal	2072
to 0.75, calculate the district's level two amount for	2073
medium-group academic intervention for all students as follows:	2074

(a) If the district's poverty index is greater than or equal	2075
to 0.75 but less than 1.50:	2076

medium-group intervention units X hourly rate

2077

X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}

2078

X phase-in percentage

2079

Where:

2080

(i) "Medium group intervention units" equals the district's	2081
formula ADM divided by 15;	2082

(ii) "Hourly rate," "level one hours," and "phase-in	2083
percentage" have the same meanings as in division (C)(1)(a) of	2084
this section.	2085

(b) If the district's poverty index is greater than or equal	2086
to 1.50:	2087

medium-group intervention units X hourly rate X

2088

level two hours X phase-in percentage

2089

Where:

2090

(i) "Medium group intervention units" has the same meaning as	2091
in division (C)(2)(a)(i) of this section;	2092

(ii) "Hourly rate" and "phase-in percentage" have the same	2093
meanings as in division (C)(1)(a) of this section;	2094

(iii) "Level two hours" equals 50 hours.

2095

(3) If the district's poverty index is greater than or equal	2096
to 1.50, calculate the district's level three amount for	2097
small-group academic intervention for impoverished students as	2098
follows:	2099

(a) If the district's poverty index is greater than or equal	2100
to 1.50 but less than 2.50:	2101

small group intervention units X hourly rate X

2102

{level one hours + [level three hours X

2103

(poverty index – 1.50)]} X phase-in percentage

2104

Where:

2105

(i) "Small group intervention units" equals the quotient of	2106
(the district's poverty student count times 3) divided by 10;	2107

(ii) "Hourly rate," "level one hours," and "phase-in	2108
percentage" have the same meanings as in division (C)(1)(a) of	2109
this section;	2110

(iii) "Level three hours" equals 135 hours.

2111

(b) If the district's poverty index is greater than or equal	2112
to 2.50:	2113

small group intervention units X hourly rate

2114

X level three hours X phase-in percentage

2115

Where:

2116

(i) "Small group intervention units" has the same meaning as	2117
in division (C)(3)(a)(i) of this section;	2118

(ii) "Hourly rate" and "phase-in percentage" have the same	2119
meanings as in division (C)(1)(a) of this section;	2120

(iii) "Level three hours" equals 160 hours.

2121

Any district that receives funds under division (C)(2) or (3)	2122
of this section annually shall submit to the department of	2123
education by a date established by the department a plan	2124
describing how the district will deploy those funds. The	2125
deployment measures described in that plan shall comply with any	2126
applicable spending requirements prescribed in division (J)(6) of	2127
this section or with any order issued by the superintendent of	2128
public instruction under section 3317.017 of the Revised Code.	2129

(D) A payment for all-day kindergarten if the poverty index	2130
of the school district is greater than or equal to 1.0 or if the	2131
district's three-year average formula ADM exceeded seventeen	2132
thousand five hundred. In addition, the department shall make a	2133
payment under this division to any school district that, in a	2134
prior fiscal year, qualified for this payment and provided all-day	2135
kindergarten, regardless of changes to the district's poverty	2136
index. The department shall calculate the payment under this	2137
division by multiplying the all-day kindergarten percentage by the	2138
kindergarten ADM and multiplying that product by the formula	2139
amount.	2140

(E) A class-size reduction payment based on calculating the	2141
number of new teachers necessary to achieve a lower	2142
student-teacher ratio, as follows:	2143

(1) Determine or calculate a formula number of teachers per	2144
one thousand students based on the poverty index of the school	2145
district as follows:	2146

(a) If the poverty index of the school district is less than	2147
1.0, the formula number of teachers is 50.0, which is the number	2148
of teachers per one thousand students at a student-teacher ratio	2149
of twenty to one;	2150

(b) If the poverty index of the school district is greater	2151
than or equal to 1.0, but less than 1.5, the formula number of	2152
teachers is calculated as follows:	2153

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

2154

Where 50.0 is the number of teachers per one thousand	2155
students at a student-teacher ratio of twenty to one; 0.5 is the	2156
interval from a poverty index of 1.0 to a poverty index of 1.5;	2157
and 16.667 is the difference in the number of teachers per one	2158
thousand students at a student-teacher ratio of fifteen to one and	2159
the number of teachers per one thousand students at a	2160
student-teacher ratio of twenty to one.	2161

(c) If the poverty index of the school district is greater	2162
than or equal to 1.5, the formula number of teachers is 66.667,	2163
which is the number of teachers per one thousand students at a	2164
student-teacher ratio of fifteen to one.	2165

(2) Multiply the formula number of teachers determined or	2166
calculated in division (E)(1) of this section by the kindergarten	2167
through third grade ADM for the district and divide that product	2168
by one thousand;	2169

(3) Calculate the number of new teachers as follows:

2170

(a) Multiply the kindergarten through third grade ADM by	2171
50.0, which is the number of teachers per one thousand students at	2172
a student-teacher ratio of twenty to one, and divide that product	2173
by one thousand;	2174

(b) Subtract the quotient obtained in division (E)(3)(a) of	2175
this section from the product in division (E)(2) of this section.	2176

(4) Multiply the greater of the difference obtained under	2177
division (E)(3) of this section or zero by the statewide average	2178
teachers compensation. For this purpose, the "statewide average	2179
teacher compensation" is $53,680 in fiscal year 2006 and $54,941	2180
in fiscal year 2007, which includes an amount for the value of	2181
fringe benefits.	2182

(F) A payment for services to limited English proficient	2183
students, if the district's poverty index is greater than or equal	2184
to 1.0 and the proportion of its students who are limited English	2185
proficient, as reported in 2003 on its school district report	2186
issued under section 3302.03 of the Revised Code for the 2002-2003	2187
school year, is greater than or equal to 2.0%, calculated as	2188
follows:	2189

(1) If the district's poverty index is greater than or equal	2190
to 1.0, but less than 1.75, determine the amount per limited	2191
English proficient student as follows:	2192

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}

2193

X formula amount

2194

(2) If the district's poverty index is greater than or equal	2195
to 1.75, the amount per limited English proficient student equals:	2196

0.25 X formula amount

2197

(3) Multiply the per student amount determined for the	2198
district under division (F)(1) or (2) of this section by the	2199
number of the district's limited English proficient students,	2200
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70	2201
in fiscal year 2007. For purposes of this calculation, the number	2202
of limited English proficient students for each district shall be	2203
the number determined by the department when it calculated the	2204
district's percentage of limited English proficient students for	2205
its school district report card issued in 2003 for the 2002-2003	2206
school year.	2207

Not later than December 31, 2006, the department of education	2208
shall recommend to the general assembly and the director of budget	2209
and management a method of identifying the number of limited	2210
English proficient students for purposes of calculating payments	2211
under this division after fiscal year 2007.	2212

(G) A payment for professional development of teachers, if	2213
the district's poverty index is greater than or equal to 1.0,	2214
calculated as follows:	2215

(1) If the district's poverty index is greater than or equal	2216
to 1.0, but less than 1.75, determine the amount per teacher as	2217
follows:	2218

[(poverty index – 1.0)/0.75] X 0.045 X formula amount

2219

(2) If the district's poverty index is greater than or equal	2220
to 1.75, the amount per teacher equals:	2221

0.045 X formula amount

2222

(3) Determine the number of teachers, as follows:

2223

(formula ADM/17)

2224

(4) Multiply the per teacher amount determined for the	2225
district under division (G)(1) or (2) of this section by the	2226
number of teachers determined under division (G)(3) of this	2227
section, times a phase-in percentage of 0.40 in fiscal year 2006	2228
and 0.70 in fiscal year 2007.	2229

(H) A payment for dropout prevention, if the district is a	2230
big eight school district as defined in section 3314.02 of the	2231
Revised Code, calculated as follows:	2232

0.005 X formula amount X poverty index

2233

X formula ADM X phase-in percentage

2234

Where "phase-in percentage" equals 0.40 in fiscal year 2006	2235
and 0.70 in fiscal year 2007.	2236

(I) An amount for community outreach, if the district is an	2237
urban school district as defined in section 3314.02 of the Revised	2238
Code, calculated as follows:	2239

0.005 X formula amount X poverty index X

2240

formula ADM X phase-in percentage

2241

Where "phase-in percentage" equals 0.40 in fiscal year 2006	2242
and 0.70 in fiscal year 2007.	2243

(J) This division applies only to school districts whose	2244
poverty index is 1.0 or greater.	2245

(1) Each school district subject to this division shall first	2246
utilize funds received under this section so that, when combined	2247
with other funds of the district, sufficient funds exist to	2248
provide all-day kindergarten to at least the number of children in	2249
the district's all-day kindergarten percentage. To satisfy this	2250
requirement, a district may use funds paid under division (C),	2251
(F), (G), (H), or (I) of this section to provide all-day	2252
kindergarten in addition to the all-day kindergarten payment under	2253
division (D) of this section.	2254

(2) Except as permitted under division (J)(1) of this	2255
section, each school district shall use its payment under division	2256
(F) of this section for one or more of the following purposes:	2257

(a) To hire teachers for limited English proficient students	2258
or other personnel to provide intervention services for those	2259
students;	2260

(b) To contract for intervention services for those students;

2261

(c) To provide other services to assist those students in	2262
passing the third-grade reading achievement test, and to provide	2263
for those students the intervention services required by section	2264
3313.608 of the Revised Code.	2265

(3) Except as permitted under division (J)(1) of this	2266
section, each school district shall use its payment under division	2267
(G) of this section for professional development of teachers or	2268
other licensed personnel providing educational services to	2269
students only in one or more of the following areas:	2270

(a) Data-based decision making;

2271

(b) Standards-based curriculum models;

2272

(c) Job-embedded professional development activities that are	2273
research-based, as defined in federal law.	2274

In addition, each district shall use the payment only to	2275
implement programs identified on a list of eligible professional	2276
development programs provided by the department of education. The	2277
department annually shall provide the list to each district	2278
receiving a payment under division (G) of this section. However, a	2279
district may apply to the department for a waiver to implement an	2280
alternative professional development program in one or more of the	2281
areas specified in divisions (J)(3)(a) to (c) of this section. If	2282
the department grants the waiver, the district may use its payment	2283
under division (G) of this section to implement the alternative	2284
program.	2285

(4) Except as permitted under division (J)(1) of this	2286
section, each big eight school district shall use its payment	2287
under division (H) of this section either for preventing at-risk	2288
students from dropping out of school, for safety and security	2289
measures described in division (J)(5)(b) of this section, for	2290
academic intervention services described in division (J)(6) of	2291
this section, or for a combination of those purposes. Not later	2292
than September 1, 2005, the department of education shall provide	2293
each big eight school district with a list of dropout prevention	2294
programs that it has determined are successful. The department	2295
subsequently may update the list. Each district that elects to use	2296
its payment under division (H) of this section for dropout	2297
prevention shall use the payment only to implement a dropout	2298
prevention program specified on the department's list. However, a	2299
district may apply to the department for a waiver to implement an	2300
alternative dropout prevention program. If the department grants	2301
the waiver, the district may use its payment under division (H) of	2302
this section to implement the alternative program.	2303

(5) Except as permitted under division (J)(1) of this	2304
section, each urban school district that has a poverty index	2305
greater than or equal to 1.0 shall use its payment under division	2306
(I) of this section for one or a combination of the following	2307
purposes:	2308

(a) To hire or contract for community liaison officers,	2309
attendance or truant officers, or safety and security personnel;	2310

(b) To implement programs designed to ensure that schools are	2311
free of drugs and violence and have a disciplined environment	2312
conducive to learning;	2313

(c) To implement academic intervention services described in	2314
division (J)(6) of this section.	2315

(6) Except as permitted under division (J)(1) of this	2316
section, each school district with a poverty index greater than or	2317
equal to 1.0 shall use the amount of its payment under division	2318
(C) of this section, and may use any amount of its payment under	2319
division (H) or (I) of this section, for academic intervention	2320
services for students who have failed or are in danger of failing	2321
any of the tests administered pursuant to section 3301.0710 of the	2322
Revised Code, including intervention services required by section	2323
3313.608 of the Revised Code. Except as permitted under division	2324
(J)(1) of this section, no district shall spend any portion of its	2325
payment under division (C) of this section for any other purpose.	2326
Notwithstanding any provision to the contrary in Chapter 4117. of	2327
the Revised Code, no collective bargaining agreement entered into	2328
after June 30, 2005, shall require use of the payment for any	2329
other purpose.	2330

(7) Except as otherwise required by division (K) or permitted	2331
under division (O) of this section, all remaining funds	2332
distributed under this section to districts with a poverty index	2333
greater than or equal to 1.0 shall be utilized for the purpose of	2334
the third grade guarantee. The third grade guarantee consists of	2335
increasing the amount of instructional attention received per	2336
pupil in kindergarten through third grade, either by reducing the	2337
ratio of students to instructional personnel or by increasing the	2338
amount of instruction and curriculum-related activities by	2339
extending the length of the school day or the school year.	2340

School districts may implement a reduction of the ratio of	2341
students to instructional personnel through any or all of the	2342
following methods:	2343

(a) Reducing the number of students in a classroom taught by	2344
a single teacher;	2345

(b) Employing full-time educational aides or educational	2346
paraprofessionals issued a permit or license under section	2347
3319.088 of the Revised Code;	2348

(c) Instituting a team-teaching method that will result in a	2349
lower student-teacher ratio in a classroom.	2350

Districts may extend the school day either by increasing the	2351
amount of time allocated for each class, increasing the number of	2352
classes provided per day, offering optional academic-related	2353
after-school programs, providing curriculum-related extra	2354
curricular activities, or establishing tutoring or remedial	2355
services for students who have demonstrated an educational need.	2356
In accordance with section 3319.089 of the Revised Code, a	2357
district extending the school day pursuant to this division may	2358
utilize a participant of the work experience program who has a	2359
child enrolled in a public school in that district and who is	2360
fulfilling the work requirements of that program by volunteering	2361
or working in that public school. If the work experience program	2362
participant is compensated, the school district may use the funds	2363
distributed under this section for all or part of the	2364
compensation.	2365

Districts may extend the school year either through adding	2366
regular days of instruction to the school calendar or by providing	2367
summer programs.	2368

(K) Each district shall not expend any funds received under	2369
division (E) of this section in any school buildings that are not	2370
buildings with the highest concentration of need, unless there is	2371
a ratio of instructional personnel to students of no more than	2372
fifteen to one in each kindergarten and first grade class in all	2373
buildings with the highest concentration of need. This division	2374
does not require that the funds used in buildings with the highest	2375
concentration of need be spent solely to reduce the ratio of	2376
instructional personnel to students in kindergarten and first	2377
grade. A school district may spend the funds in those buildings in	2378
any manner permitted by division (J)(7) of this section, but may	2379
not spend the money in other buildings unless the fifteen-to-one	2380
ratio required by this division is attained.	2381

(L)(1) By the first day of August of each fiscal year, each	2382
school district wishing to receive any funds under division (D) of	2383
this section shall submit to the department of education an	2384
estimate of its all-day kindergarten percentage. Each district	2385
shall update its estimate throughout the fiscal year in the form	2386
and manner required by the department, and the department shall	2387
adjust payments under this section to reflect the updates.	2388

(2) Annually by the end of December, the department of	2389
education, utilizing data from the information system established	2390
under section 3301.0714 of the Revised Code, shall determine for	2391
each school district subject to division (J) of this section	2392
whether in the preceding fiscal year the district's ratio of	2393
instructional personnel to students and its number of kindergarten	2394
students receiving all-day kindergarten appear reasonable, given	2395
the amounts of money the district received for that fiscal year	2396
pursuant to divisions (D) and (E) of this section. If the	2397
department is unable to verify from the data available that	2398
students are receiving reasonable amounts of instructional	2399
attention and all-day kindergarten, given the funds the district	2400
has received under this section and that class-size reduction	2401
funds are being used in school buildings with the highest	2402
concentration of need as required by division (K) of this section,	2403
the department shall conduct a more intensive investigation to	2404
ensure that funds have been expended as required by this section.	2405
The department shall file an annual report of its findings under	2406
this division with the chairpersons of the committees in each	2407
house of the general assembly dealing with finance and education.	2408

(M)(1) Each school district with a poverty index less than	2409
1.0 that receives a payment under division (D) of this section	2410
shall first utilize funds received under this section so that,	2411
when combined with other funds of the district, sufficient funds	2412
exist to provide all-day kindergarten to at least the number of	2413
children in the district's all-day kindergarten percentage. To	2414
satisfy this requirement, a district may use funds paid under	2415
division (C) or (I) of this section to provide all-day	2416
kindergarten in addition to the all-day kindergarten payment under	2417
division (D) of this section.	2418

(2) Except as permitted under division (M)(1) of this	2419
section, each school district with a poverty index less than 1.0	2420
that receives a payment under division (C) of this section shall	2421
use its payment under that division in accordance with all	2422
requirements of division (J)(6) of this section.	2423

(3) Except as permitted under division (M)(1) of this	2424
section, each school district with a poverty index less than 1.0	2425
that receives a payment under division (I) of this section shall	2426
use its payment under that division for one or a combination of	2427
the following purposes:	2428

(a) To hire or contract for community liaison officers,	2429
attendance or truant officers, or safety and security personnel;	2430

(b) To implement programs designed to ensure that schools are	2431
free of drugs and violence and have a disciplined environment	2432
conducive to learning;	2433

(c) To implement academic intervention services described in	2434
division (J)(6) of this section.	2435

(4) Each school district to which division (M)(1), (2), or	2436
(3) of this section applies shall expend the remaining funds	2437
received under this section, and any other district with a poverty	2438
index less than 1.0 shall expend all funds received under this	2439
section, for any of the following purposes:	2440

(a) The purchase of technology for instructional purposes for	2441
remediation;	2442

(b) All-day kindergarten;

2443

(c) Reduction of class sizes in grades kindergarten through	2444
three, as described in division (J)(7) of this section;	2445

(d) Summer school remediation;

2446

(e) Dropout prevention programs approved by the department of	2447
education under division (J)(4) of this section;	2448

(f) Guaranteeing that all third graders are ready to progress	2449
to more advanced work;	2450

(g) Summer education and work programs;

2451

(h) Adolescent pregnancy programs;

2452

(i) Head start, preschool, early childhood education, or	2453
early learning programs;	2454

(j) Reading improvement and remediation programs described by	2455
the department of education;	2456

(k) Programs designed to ensure that schools are free of	2457
drugs and violence and have a disciplined environment conducive to	2458
learning;	2459

(l) Furnishing, free of charge, materials used in courses of	2460
instruction, except for the necessary textbooks or electronic	2461
textbooks required to be furnished without charge pursuant to	2462
section 3329.06 of the Revised Code, to pupils living in families	2463
participating in Ohio works first in accordance with section	2464
3313.642 of the Revised Code;	2465

(m) School breakfasts provided pursuant to section 3313.813	2466
of the Revised Code.	2467

(N) If at any time the superintendent of public instruction	2468
determines that a school district receiving funds under division	2469
(D) of this section has enrolled less than the all-day	2470
kindergarten percentage reported for that fiscal year, the	2471
superintendent shall withhold from the funds otherwise due the	2472
district under this section a proportional amount as determined by	2473
the difference in the certified all-day kindergarten percentage	2474
and the percentage actually enrolled in all-day kindergarten.	2475

The superintendent shall also withhold an appropriate amount	2476
of funds otherwise due a district for any other misuse of funds	2477
not in accordance with this section.	2478

(O)(1) A district may use a portion of the funds calculated	2479
for it under division (D) of this section to modify or purchase	2480
classroom space to provide all-day kindergarten, if both of the	2481
following conditions are met:	2482

(a) The district certifies to the department, in a manner	2483
acceptable to the department, that it has a shortage of space for	2484
providing all-day kindergarten.	2485

(b) The district provides all-day kindergarten to the number	2486
of children in the all-day kindergarten percentage it certified	2487
under this section.	2488

(2) A district may use a portion of the funds described in	2489
division (J)(7) of this section to modify or purchase classroom	2490
space to enable it to further reduce class size in grades	2491
kindergarten through two with a goal of attaining class sizes of	2492
fifteen students per licensed teacher. To do so, the district must	2493
certify its need for additional space to the department, in a	2494
manner satisfactory to the department.	2495

Sec. 3319.0811. If the board of education of a school	2496
district offers to students of compulsory school age courses for	2497
high school credit that are taught at times outside the district's	2498
normal school day, the board shall enter into supplemental	2499
contracts under section 3319.08 of the Revised Code with the	2500
teachers assigned to teach those courses and shall not include	2501
such assignment of duties within the teachers' regular employment	2502
contracts under that section.	2503

Sec. 3319.233. The state board of education, in collaboration	2504
with the Ohio board of regents, shall issue an annual report on	2505
the quality of institutions approved for the preparation of	2506
teachers pursuant to section 3319.23 of the Revised Code. The	2507
state board shall prepare the report in collaboration with the	2508
board of regents and the teacher quality partnership and shall use	2509
data collected by the partnership and other educational agencies	2510
as the basis for the information contained in the report. The	2511
report shall include at least the following information:	2512

(A) Identification of best practices in the preparation of	2513
teachers drawn from research conducted by the teacher quality	2514
partnership and other regional and national educational research	2515
efforts;	2516

(B) A plan for implementing best practices in approved	2517
teacher preparation institutions;	2518

(C) The number of graduates of approved teacher preparation	2519
institutions who graduated with a subject area specialty and teach	2520
grades seven through twelve. The number shall be disaggregated	2521
according to the subject areas of mathematics, science, foreign	2522
language, special education and related services, and any other	2523
subject area determined by the state board.	2524

(D) A plan to be implemented by the teacher preparation	2525
programs approved by the state board under section 3319.23 of the	2526
Revised Code for increasing the number of classroom teachers in	2527
science, mathematics, and foreign language toward meeting the	2528
identified needs for teachers in those subject areas throughout	2529
the state but especially in hard-to-staff schools.	2530

The state board shall submit the report to the governor, the	2531
speaker and minority leader of the house of representatives, the	2532
president and minority leader of the senate, the chairpersons and	2533
ranking minority members of the standing committees of the house	2534
of representatives and the senate that consider education	2535
legislation, and the chancellor of the board of regents.	2536

Sec. 3319.234.  The teacher quality partnership, a consortium	2537
of teacher preparation programs that have been approved by the	2538
state board of education under section 3319.23 of the Revised	2539
Code, shall study the relationship of teacher performance on	2540
educator licensure assessments, as adopted by the state board	2541
under section 3319.22 of the Revised Code, to teacher	2542
effectiveness in the classroom. Not later than September 1, 2008,	2543
the partnership shall begin submitting annual data reports along	2544
with any other data on teacher effectiveness the partnership	2545
determines appropriate to the governor, the president and minority	2546
leader of the senate, the speaker and minority leader of the house	2547
of representatives, the chairpersons and ranking minority members	2548
of the standing committees of the senate and the house of	2549
representatives that consider education legislation, the	2550
superintendent of public instruction, the state board of	2551
education, the Ohio board of regents, and the partnership for	2552
continued learning.	2553

Sec. 3325.08.  (A) A diploma shall be granted by the	2554
superintendent of the state school for the blind and the	2555
superintendent of the state school for the deaf to any student	2556
enrolled in one of these state schools to whom all of the	2557
following apply:	2558

(1) The student has successfully completed the individualized	2559
education program developed for the student for the student's high	2560
school education pursuant to section 3323.08 of the Revised Code;	2561

(2) Subject to section 3313.614 of the Revised Code, the	2562
student either:	2563

(a) Has attained at least the applicable scores designated	2564
under division (B) of section 3301.0710 of the Revised Code on all	2565
the tests prescribed by that division unless division (L) of	2566
section 3313.61 of the Revised Code applies to the student;	2567

(b) Has satisfied the alternative conditions prescribed in	2568
section 3313.615 of the Revised Code.	2569

(3) The student is not eligible to receive an honors diploma	2570
granted pursuant to division (B) of this section.	2571

No diploma shall be granted under this division to anyone	2572
except as provided under this division.	2573

(B) In lieu of a diploma granted under division (A) of this	2574
section, the superintendent of the state school for the blind and	2575
the superintendent of the state school for the deaf shall grant an	2576
honors diploma, in the same manner that the boards of education of	2577
school districts grant such diplomas under division (B) of section	2578
3313.61 of the Revised Code, to any student enrolled in one of	2579
these state schools who successfullyaccomplishes all of the	2580
following:	2581

(1) Successfully completes the individualized education	2582
program developed for the student for the student's high school	2583
education pursuant to section 3323.08 of the Revised Code, who has	2584
attained subject;	2585

(2) Subject to section 3313.614 of the Revised Code, either:

2586

(a) Has attained at least the applicable scores designated	2587
under division (B) of section 3301.0710 of the Revised Code on all	2588
the tests prescribed under that division, and who has;	2589

(b) Has satisfied the alternative conditions prescribed in	2590
section 3313.615 of the Revised Code.	2591

(3) Has met additional criteria for granting such aan honors	2592
diploma. These	2593

These additional criteria shall be the same as those	2594
prescribed by the state board under division (B) of section	2595
3313.61 of the Revised Code for the granting of such diplomas by	2596
school districts. No honors diploma shall be granted to anyone	2597
failing to comply with this division and not more than one honors	2598
diploma shall be granted to any student under this division.	2599

(C) A diploma or honors diploma awarded under this section	2600
shall be signed by the superintendent of public instruction and	2601
the superintendent of the state school for the blind or the	2602
superintendent of the state school for the deaf, as applicable.	2603
Each diploma shall bear the date of its issue and be in such form	2604
as the school superintendent prescribes.	2605

(D) Upon granting a diploma to a student under this section,	2606
the superintendent of the state school in which the student is	2607
enrolled shall provide notice of receipt of the diploma to the	2608
board of education of the school district where the student is	2609
entitled to attend school under section 3313.64 or 3313.65 of the	2610
Revised Code when not residing at the state school for the blind	2611
or the state school for the deaf. The notice shall indicate the	2612
type of diploma granted.	2613

Sec. 3333.163. (A) As used in this section, "state	2614
institution of higher education" has the same meaning as in	2615
section 3345.011 of the Revised Code.	2616

(B) Not later than April 15, 2008, the articulation and	2617
transfer advisory council of the Ohio board of regents shall	2618
recommend to the board standards for awarding course credit toward	2619
degree requirements at state institutions of higher education	2620
based on scores attained on advanced placement examinations. The	2621
recommended standards shall include a score on each advanced	2622
placement examination that the council considers to be a passing	2623
score for which course credit may be awarded. Upon adoption of the	2624
standards by the board of regents, each state institution of	2625
higher education shall comply with the standards in awarding	2626
course credit to any student enrolled in the institution who has	2627
attained a passing score on an advanced placement examination.	2628

Sec. 3333.34.  The Ohio board of regents, in collaboration	2629
with the state board of education, shall publish an annual report	2630
describing dual enrollment programs, as defined in section	2631
3313.6013 of the Revised Code, that are offered by school	2632
districts, community schools established under Chapter 3314. of	2633
the Revised Code, and chartered nonpublic high schools. The board	2634
of regents shall submit the report to the governor, the speaker	2635
and minority leader of the house of representatives, the president	2636
and minority leader of the senate, the chairpersons and ranking	2637
minority members of the standing committees of the house of	2638
representatives and the senate that consider education	2639
legislation, the superintendent of public instruction, and the	2640
president of the state board of education. The board of regents	2641
also shall post the report on its web site.	2642

Sec. 3345.06. A(A) Subject to divisions (B) and (C) of this	2643
section, a graduate of the twelfth grade shall be entitled to	2644
admission without examination to any college or university which	2645
is supported wholly or in part by the state, but for unconditional	2646
admission may be required to complete such units not included in	2647
histhe graduate's high school course as may be prescribed, not	2648
less than two years prior to histhe graduate's entrance, by the	2649
faculty of the institution.	2650

(B) Beginning with the 2014-2015 academic year, each state	2651
university listed in section 3345.011 of the Revised Code, except	2652
for Central state university, Shawnee state university, and	2653
Youngstown state university, shall permit a resident of this state	2654
who entered ninth grade for the first time on or after July 1,	2655
2010, to begin undergraduate coursework at the university only if	2656
the person has successfully completed the Ohio core curriculum for	2657
high school graduation prescribed in division (C) of section	2658
3313.603 of the Revised Code, unless one of the following applies:	2659

(1) The person has earned at least ten semester hours, or the	2660
equivalent, at a community college, state community college,	2661
university branch, technical college, or another post-secondary	2662
institution except a state university to which division (B) of	2663
this section applies, in courses that are college-credit-bearing	2664
and may be applied toward the requirements for a degree. The	2665
university shall grant credit for successful completion of those	2666
courses pursuant to any applicable articulation and transfer	2667
policy of the Ohio board of regents or any agreements the	2668
university has entered into in accordance with policies and	2669
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	2670
the Revised Code. The university may count college credit that the	2671
student earned while in high school through the post-secondary	2672
enrollment options program under Chapter 3365. of the Revised	2673
Code, or through other dual enrollment programs, toward the	2674
requirements of division (B)(1) of this section if the credit may	2675
be applied toward a degree.	2676

(2) The person met the high school graduation requirements by	2677
successfully completing the person's individualized education	2678
program developed under section 3323.08 of the Revised Code.	2679

(3) The person is receiving or has completed the final year	2680
of instruction at home as authorized under section 3321.04 of the	2681
Revised Code, or has graduated from a nonchartered, nonpublic	2682
school in Ohio, and demonstrates mastery of the academic content	2683
and skills in reading, writing, and mathematics needed to	2684
successfully complete introductory level coursework at an	2685
institution of higher education and to avoid remedial coursework.	2686

(4) The person is a high school student participating in the	2687
post-secondary enrollment options program under Chapter 3365. of	2688
the Revised Code or another dual enrollment program.	2689

(C) A state university subject to division (B) of this	2690
section may delay admission for or admit conditionally an	2691
undergraduate student who has successfully completed the Ohio core	2692
curriculum if the university determines the student requires	2693
academic remedial or developmental coursework. The university may	2694
delay admission pending, or make admission conditional upon, the	2695
student's successful completion of the academic remedial or	2696
developmental coursework at a university branch, community	2697
college, state community college, or technical college.	2698

(D) This section does not deny the right of a college of law,	2699
medicine, or other specialized education to require college	2700
training for admission, or the right of a department of music or	2701
other art to require particular preliminary training or talent.	2702

Sec. 3345.061.  (A) Ohio's two-year institutions of higher	2703
education are respected points of entry for students embarking on	2704
post-secondary careers and courses completed at those institutions	2705
are transferable to state universities in accordance with	2706
articulation and transfer agreements developed under sections	2707
3333.16, 3333.161, and 3333.162 of the Revised Code.	2708

(B) Beginning with undergraduate students who commence	2709
undergraduate studies in the 2014-2015 academic year, no state	2710
university listed in section 3345.011 of the Revised Code, except	2711
Central state university, Shawnee state university, and Youngstown	2712
state university, shall receive any state operating subsidies for	2713
any academic remedial or developmental courses for undergraduate	2714
students, including courses prescribed in the Ohio core curriculum	2715
for high school graduation under division (C) of section 3313.603	2716
of the Revised Code, offered at its main campus, except as	2717
provided in divisions (B)(1) to (4) of this section.	2718

(1) In the 2014-2015 and 2015-2016 academic years, a state	2719
university may receive state operating subsidies for academic	2720
remedial or developmental courses for not more than three per cent	2721
of the total undergraduate credit hours provided by the university	2722
at its main campus.	2723

(2) In the 2016-2017 academic year, a state university may	2724
receive state operating subsidies for academic remedial or	2725
developmental courses for not more than fifteen per cent of the	2726
first-year students who have graduated from high school within the	2727
previous twelve months and who are enrolled in the university at	2728
its main campus, as calculated on a full-time-equivalent basis.	2729

(3) In the 2017-2018 academic year, a state university may	2730
receive state operating subsidies for academic remedial or	2731
developmental courses for not more than ten per cent of the	2732
first-year students who have graduated from high school within the	2733
previous twelve months and who are enrolled in the university at	2734
its main campus, as calculated on a full-time-equivalent basis.	2735

(4) In the 2018-2019 academic year, a state university may	2736
receive state operating subsidies for academic remedial or	2737
developmental courses for not more than five per cent of the	2738
first-year students who have graduated from high school within the	2739
previous twelve months and who are enrolled in the university at	2740
its main campus, as calculated on a full-time-equivalent basis.	2741

Each state university may continue to offer academic remedial	2742
and developmental courses at its main campus beyond the extent for	2743
which state operating subsidies may be paid under this division	2744
and may continue to offer such courses beyond the 2018-2019	2745
academic year. However, the university shall not receive any state	2746
operating subsidies for such courses above the maximum amounts	2747
permitted in this division.	2748

(C) Except as otherwise provided in division (B) of this	2749
section, beginning with students who commence undergraduate	2750
studies in the 2014-2015 academic year, state operating subsidies	2751
for academic remedial or developmental courses offered by state	2752
institutions of higher education may be paid only to Central state	2753
university, Shawnee state university, Youngstown state university,	2754
any university branch, any community college, any state community	2755
college, or any technical college.	2756

(D) Each state university shall grant credit for academic	2757
remedial or developmental courses successfully completed at an	2758
institution described in division (C) of this section pursuant to	2759
any applicable articulation and transfer agreements the university	2760
has entered into in accordance with policies and procedures	2761
adopted under section 3333.16, 3333.161, or 3333.162 of the	2762
Revised Code.	2763

(E) The Ohio board of regents shall do all of the following:

2764

(1) Withhold state operating subsidies for academic remedial	2765
or developmental courses provided by a state university as	2766
required in order to conform to divisions (B) and (C) of this	2767
section;	2768

(2) Adopt uniform statewide standards for academic remedial	2769
and developmental courses offered by all state institutions of	2770
higher education, as defined in section 3345.011 of the Revised	2771
Code;	2772

(3) Encourage and assist in the design and establishment of	2773
academic remedial and developmental courses by institutions of	2774
higher education;	2775

(4) Define "academic year" for purposes of this section and	2776
section 3345.06 of the Revised Code;	2777

(5) Encourage and assist in the development of articulation	2778
and transfer agreements between state universities and other	2779
institutions of higher education in accordance with policies and	2780
procedures adopted under sections 3333.16, 3333.161, and 3333.162	2781
of the Revised Code.	2782

Sec. 3345.062. If the partnership for continued learning,	2783
after consulting with the Ohio board of regents and the state	2784
board of education, does not complete and submit recommendations	2785
for legislative changes for the operation of the post-secondary	2786
enrollment options program, as required by division (B) of section	2787
3301.42 of the Revised Code, by the deadline prescribed in that	2788
division, each state university, as defined in section 3345.011 of	2789
the Revised Code, shall offer via the internet or interactive	2790
distance learning at least two college level courses, one each in	2791
science and mathematics, by which high school students may earn	2792
both high school and college credit. During such course, the	2793
university may include a single presentation, of not more than two	2794
minutes in length, that describes its other programs and courses.	2795
The university may assess a fee for the course required under this	2796
section of not more than one-tenth of the amount per credit hour	2797
normally assessed by the university for an undergraduate course at	2798
its main campus.	2799

Section 2. That existing sections 2151.011, 3301.41, 3301.42,	2800
3313.472, 3313.48, 3313.533, 3313.603, 3313.61, 3313.614,	2801
3313.615, 3313.62, 3314.012, 3314.03, 3317.01, 3317.029, 3325.08,	2802
and 3345.06 and sections 3313.481 and 3313.482 of the Revised Code	2803
are hereby repealed.	2804

Section 3. The State Board of Education shall establish a	2805
Foreign Language Advisory Council to propose a statewide foreign	2806
language education implementation plan. The plan shall include	2807
recommendations for legislation to implement the plan by the	2808
2014-2015 school year. The State Board, in consultation with the	2809
Ohio Board of Regents and the Partnership for Continued Learning,	2810
shall appoint the members of the Council, which shall include	2811
educators from preschool through higher education, business	2812
leaders, and representatives of other interested parties. The	2813
Council, not later than December 31, 2007, shall submit its plan	2814
to the State Board, the Superintendent of Public Instruction, the	2815
Board of Regents, the Partnership for Continued Learning, the	2816
Governor, the Speaker and Minority Leader of the House of	2817
Representatives, the President and Minority Leader of the Senate,	2818
and the chairpersons and ranking minority members of the standing	2819
committees of the House of Representatives and the Senate that	2820
consider education legislation. In formulating its plan, the	2821
Council shall consider at least the following:	2822

(A) Facilitating foreign language acquisition across grades	2823
kindergarten through twelve, rather than limiting it to high	2824
school;	2825

(B) The extent to which students should focus on critical	2826
languages of economically competitive countries;	2827

(C) Best practices for implementing P-16 solutions to course	2828
instruction in foreign languages;	2829

(D) Multiple course-delivery models, including distance	2830
learning, online learning, and synchronous and asynchronous	2831
web-based delivery;	2832

(E) Defining a proficiency-based approach to earning credit	2833
for foreign language that can be reflected on students' high	2834
school transcripts;	2835

(F) Allowing for the proficiency-based approach to apply to	2836
nonnative English speakers in their native languages.	2837

Section 4. The State Board of Education shall adopt rules	2838
revising its standards and requirements for honors diplomas under	2839
section 3313.61 of the Revised Code. The State Board shall file	2840
the rules so that they take effect not later than June 30, 2007.	2841

Section 5. That Section 6 of Sub. H.B. 115 of the 126th	2842
General Assembly be amended to read as follows:	2843

Sec. 6. All appropriation items in this section are	2844
appropriated out of money in the state treasury to the credit of	2845
the designated fund. For all appropriations made in this section,	2846
the amounts in the first column are for fiscal year 2006 and the	2847
amounts in the second column are for fiscal year 2007.	2848

EDU DEPARTMENT OF EDUCATION

2849

General Revenue Fund

2850

GRF	200-536		Ohio Core Support		$	0		$	13,200,000 $30,000,000		2851
TOTAL GRF General Revenue Fund					$	0		$	13,200,000 $30,000,000		2852
TOTAL ALL BUDGET FUND GROUPS					$	0		$	13,200,000 $30,000,000		2853

OHIO CORE SUPPORT

2854

The foregoing appropriation item 200-536, Ohio Core Support,	2855
shall be used to support implementation of the Ohio Core Program,	2856
which requires establishment of a rigorous high school curriculum	2857
for Ohio's high school students. The Department of Education and	2858
the Board of Regents shall jointly plan and work collaboratively	2859
to guide implementation of the Ohio Core Program and to administer	2860
funding to eligible school districts, fiscal agents, individuals,	2861
and programs as determined by this section. The Department of	2862
Education and the Board of Regents shall jointly agree to the	2863
awarding and expenditure of funds appropriated in this section.	2864

(A) Of the foregoing appropriation item 200-536, Ohio Core	2865
Support, up to $2,600,000 in fiscal year 2007 shall be used to	2866
support the participation of teachers licensed in Ohio and	2867
mid-career professionals not currently employed by a school	2868
district or chartered nonpublic school or licensed to teach at the	2869
primary or secondary education levels in a twelve-month intensive	2870
training program that leads to teacher licensure in a	2871
laboratory-based science, advanced mathematics, or foreign	2872
language field at the secondary education level and employment	2873
with an Ohio school district or chartered nonpublic school.	2874

(B) Of the foregoing appropriation item 200-536, Ohio Core	2875
Support, up to $1,500,000 in fiscal year 2007 shall be used to	2876
support alternative teacher licensure programs developed by	2877
educational service centers, in partnership with institutions of	2878
higher education. Participants shall be teachers licensed in Ohio	2879
and mid-career professionals not currently employed by a school	2880
district or chartered nonpublic school or licensed to teach at the	2881
primary or secondary education levels. Programs shall be	2882
consistent with the State Board of Education's alternative	2883
licensure requirements.	2884

(C) Of the foregoing appropriation item 200-536, Ohio Core	2885
Support, up to $3,600,000 in fiscal year 2007 shall be distributed	2886
to school districts, and to public fiscal agents on behalf of	2887
chartered nonpublic schools, to be used to obtain contracted	2888
instruction with institutions of higher education in mathematics,	2889
science, or foreign language for public and chartered nonpublic	2890
high school students that results in dual high school and college	2891
credit. Costs shall be based upon reasonable expenses that	2892
institutions of higher education could incur for faculty,	2893
supplies, and other associated costs.	2894

(D) Of the foregoing appropriation item 200-536, Ohio Core	2895
Support, up to $2,000,000 in fiscal year 2007 shall be disbursed	2896
to the eTech Ohio Commission within sixty days after the effective	2897
date of this sectionJune 23, 2006. Funding shall be used to	2898
implement and support the Ohio Students Choosing On-line Resources	2899
for Educational Success Initiative that increases the educational	2900
options available for students in mathematics, advanced	2901
laboratory-based science, and foreign language. The eTech Ohio	2902
Commission shall work collaboratively with the Department of	2903
Education and the Board of Regents on this initiative.	2904

(E) Of the foregoing appropriation item 200-536, Ohio Core	2905
Support, up to $3,500,000 in fiscal year 2007 shall be disbursed	2906
to the Board of Regents within sixty days after the effective date	2907
of this sectionJune 23, 2006. The Board of Regents shall use the	2908
funds to support up to ten regional summer academies that focus on	2909
foreign language, science, mathematics, engineering, and	2910
technology and prepare eleventh and twelfth grade students	2911
enrolled in public or chartered nonpublic schools to pursue	2912
college-level foreign language, mathematics, science, technology,	2913
and engineering, with a focus on secondary teaching in these	2914
disciplines. Successful completion of these academics shall result	2915
in dual high school and college credits. Costs shall be based upon	2916
reasonable expenses, as determined by the Board of Regents, that	2917
institutions of higher education could incur for faculty,	2918
supplies, and other associated costs.	2919

(F) Of the foregoing appropriation item 200-536, Ohio Core	2920
Support, up to $16,800,000 in fiscal year 2007 shall be used to	2921
fund grants under the Ohio Core Grant Program. This program shall	2922
be administered by the Ohio Department of Education. Grant funds	2923
shall be used by eligible school districts to directly support	2924
Ohio Core purposes such as building teacher capacity, recruiting	2925
and retaining teachers in required disciplines, providing	2926
intervention services to students, and other related purposes. The	2927
grants shall be awarded by the Department to eligible school	2928
districts, as determined by the Department. The Department shall	2929
consult with the Partnership for Continued Learning in	2930
establishing processes and procedures to distribute funds to	2931
eligible school districts. The Department shall evaluate the	2932
effectiveness of the grant program.	2933

The General Assembly intends to fund the Ohio Core Grant	2934
Program from fiscal year 2008 through fiscal year 2012 at a	2935
minimum of $16,800,000 each fiscal year.	2936

Section 6. That existing Section 6 of Sub. H.B. 115 of the	2937
126th General Assembly is hereby repealed.	2938

Section 7. Sections 5, 6, and 7 of this act are not subject	2939
to the referendum. Therefore, under Ohio Constitution, Article II,	2940
Section 1d and section 1.471 of the Revised Code, the sections go	2941
into immediate effect when this act becomes law.	2942

Section 8. (A) There is hereby established a public-private	2943
collaborative commission to issue recommendations for promoting	2944
greater incidence of student success in conjunction with the Ohio	2945
Core curriculum. The commission shall consist of the following	2946
members:	2947

(1) A school district superintendent, appointed by the	2948
Governor;	2949

(2) A business or civic leader, appointed by the Governor;

2950

(3) Two public members, appointed by the Speaker of the House	2951
of Representatives in consultation with the Minority Leader of the	2952
House of Representatives;	2953

(4) Two public members, appointed by the President of the	2954
Senate in consultation with the Minority Leader of the Senate;	2955

(5) One member, appointed by the Superintendent of Public	2956
Instruction;	2957

(6) One member, appointed by the Chancellor of the Ohio Board	2958
of Regents.	2959

(B) The school district superintendent and the business or	2960
civic leader appointed by the Governor shall be co-chairpersons of	2961
the commission.	2962

(C) The commission's recommendations shall address methods of	2963
encouraging students and their families to develop a greater	2964
vision for their successful future in Ohio, including	2965
consideration of career opportunities afforded by pursuing higher	2966
education and the use of mentorships, internships, and other	2967
programs to provide guidance to students and their families toward	2968
pursuing higher education and career opportunities.	2969

(D) The commission shall issue its recommendations by	2970
December 31, 2007. The recommendations shall be provided to the	2971
Governor, the Speaker and Minority Leader of the House of	2972
Representatives, the President and Minority Leader of the Senate,	2973
the chairpersons and ranking minority members of the committees	2974
that consider education in the House of Representatives and	2975
Senate, the State Board of Education, the Board of Regents, and	2976
the Partnership for Continued Learning.	2977

Section 9. The amendment of sections 2151.011, 3313.48,	2978
3313.533, 3313.62, and 3317.029, the repeal and reenactment of	2979
section 3313.481, and the repeal of section 3313.482 of the	2980
Revised Code by this act shall take effect July 1, 2007. Section	2981
3317.01 of the Revised Code, as amended by this act, shall take	2982
effect July 1, 2008.	2983

Section 10. The amendments to sections 3313.48, 3313.533,	2984
3313.62, 3317.01, and 3317.029; the repeal and reenactment of	2985
section 3313.481; and the repeal of section 3313.482 of the	2986
Revised Code made by this act do not apply to any collective	2987
bargaining agreement executed under Chapter 4117. of the Revised	2988
Code prior to the effective date of this section. Any collective	2989
bargaining agreement or renewal executed after that date shall	2990
comply with the changes provided for in this act.	2991

Section 11. Section 3313.603 of the Revised Code is presented	2992
in this act as a composite of the section as amended by both Am.	2993
Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General Assembly.	2994
The General Assembly, applying the principle stated in division	2995
(B) of section 1.52 of the Revised Code that amendments are to be	2996
harmonized if reasonably capable of simultaneous operation, finds	2997
that the composite is the resulting version of the section in	2998
effect prior to the effective date of the section as presented in	2999
this act.	3000

Section 12.  Section 3314.03 of the Revised Code is presented	3001
in this act as a composite of the section as amended by Am. Sub.	3002
H.B. 137, Sub. H.B. 184, and Sub. H.B. 422 of the 126th General	3003
Assembly. The General Assembly, applying the principle stated in	3004
division (B) of section 1.52 of the Revised Code that amendments	3005
are to be harmonized if reasonably capable of simultaneous	3006
operation, finds that the composite is the resulting version of	3007
the section in effect prior to the effective date of the section	3008
as presented in this act.	3009