As Passed by the House

127th General Assembly Regular Session 2007-2008

H. B. No. 190

Representative Hite 

Cosponsors: Representatives Bubp, Wagner, McGregor, J., Combs, Adams, Goodwin, Wagoner, Stebelton, Webster, Letson, Hottinger, Peterson, Latta, Huffman, Otterman, Okey, Setzer, Dyer, Patton, Lundy, Luckie, Garrison, Evans, Celeste, Heard, Collier, Schlichter, Brady, Aslanides, Bacon, Bolon, Boyd, Budish, Core, DeBose, Domenick, Fende, Fessler, Flowers, Gibbs, Goyal, Hagan, J., Harwood, Healy, Hughes, Koziura, Mallory, Mandel, Oelslager, Sayre, Schindel, Stewart, D., Sykes, Szollosi, Williams, B., Yuko, Zehringer 

---

A BILL

To amend sections 3301.0710 and 3301.0711 of the

1

Revised Code to specify administration dates for

2

the elementary achievement tests.

3

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

Section 1. That sections 3301.0710 and 3301.0711 of the	4
Revised Code be amended to read as follows:	5

Sec. 3301.0710.  The state board of education shall adopt	6
rules establishing a statewide program to test student	7
achievement. The state board shall ensure that all tests	8
administered under the testing program are aligned with the	9
academic standards and model curricula adopted by the state board	10
and are created with input from Ohio parents, Ohio classroom	11
teachers, Ohio school administrators, and other Ohio school	12
personnel pursuant to section 3301.079 of the Revised Code.	13

The testing program shall be designed to ensure that students	14
who receive a high school diploma demonstrate at least high school	15
levels of achievement in reading, writing, mathematics, science,	16
and social studies.	17

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

18

(a) Two statewide achievement tests, one each designed to	19
measure the level of reading and mathematics skill expected at the	20
end of third grade;	21

(b) Three statewide achievement tests, one each designed to	22
measure the level of reading, writing, and mathematics skill	23
expected at the end of fourth grade;	24

(c) Four statewide achievement tests, one each designed to	25
measure the level of reading, mathematics, science, and social	26
studies skill expected at the end of fifth grade;	27

(d) Two statewide achievement tests, one each designed to	28
measure the level of reading and mathematics skill expected at the	29
end of sixth grade;	30

(e) Three statewide achievement tests, one each designed to	31
measure the level of reading, writing, and mathematics skill	32
expected at the end of seventh grade;	33

(f) Four statewide achievement tests, one each designed to	34
measure the level of reading, mathematics, science, and social	35
studies skill expected at the end of eighth grade.	36

(2) The state board shall determine and designate at least	37
five ranges of scores on each of the achievement tests described	38
in divisions (A)(1) and (B) of this section. Each range of scores	39
shall be deemed to demonstrate a level of achievement so that any	40
student attaining a score within such range has achieved one of	41
the following:	42

(a) An advanced level of skill;

43

(b) An accelerated level of skill;

44

(c) A proficient level of skill;

45

(d) A basic level of skill;

46

(e) A limited level of skill.

47

(B) The tests prescribed under this division shall	48
collectively be known as the Ohio graduation tests. The state	49
board shall prescribe five statewide high school achievement	50
tests, one each designed to measure the level of reading, writing,	51
mathematics, science, and social studies skill expected at the end	52
of tenth grade. The state board shall designate a score in at	53
least the range designated under division (A)(2)(c) of this	54
section on each such test that shall be deemed to be a passing	55
score on the test as a condition toward granting high school	56
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	57
of the Revised Code.	58

The state board may enter into a reciprocal agreement with	59
the appropriate body or agency of any other state that has similar	60
statewide achievement testing requirements for receiving high	61
school diplomas, under which any student who has met an	62
achievement testing requirement of one state is recognized as	63
having met the similar achievement testing requirement of the	64
other state for purposes of receiving a high school diploma. For	65
purposes of this section and sections 3301.0711 and 3313.61 of the	66
Revised Code, any student enrolled in any public high school in	67
this state who has met an achievement testing requirement	68
specified in a reciprocal agreement entered into under this	69
division shall be deemed to have attained at least the applicable	70
score designated under this division on each test required by this	71
division that is specified in the agreement.	72

(C) Except as provided in division (H) of this section, the	73
state board shall annually designate as follows the dates on which	74
the tests prescribed under this section shall be administered:	75

(1) For the reading test prescribed under division (A)(1)(a)	76
of this section, as follows:	77

(a) One date prior to the thirty-first day of December each	78
school year;	79

(b) At least one date of each school year that is not earlier	80
than Monday of the week containing the firsttwenty-fourth day of	81
MayApril.	82

(2) For the mathematics test prescribed under division	83
(A)(1)(a) of this section and the tests prescribed under divisions	84
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	85
date of each school year that is not earlier than Monday of the	86
week containing the firsttwenty-fourth day of MayApril;	87

(3) For the tests prescribed under division (B) of this	88
section, at least one date in each school year that is not earlier	89
than Monday of the week containing the fifteenth day of March for	90
all tenth grade students and at least one date prior to the	91
thirty-first day of December and at least one date subsequent to	92
that date but prior to the thirty-first day of March of each	93
school year for eleventh and twelfth grade students.	94

(D) In prescribing test dates pursuant to division (C)(3) of	95
this section, the state board shall, to the greatest extent	96
practicable, provide options to school districts in the case of	97
tests administered under that division to eleventh and twelfth	98
grade students and in the case of tests administered to students	99
pursuant to division (C)(2) of section 3301.0711 of the Revised	100
Code. Such options shall include at least an opportunity for	101
school districts to give such tests outside of regular school	102
hours.	103

(E) In prescribing test dates pursuant to this section, the	104
state board of education shall designate the dates in such a way	105
as to allow a reasonable length of time between the administration	106
of tests prescribed under this section and any administration of	107
the National Assessment of Education Progress Test given to	108
students in the same grade level pursuant to section 3301.27 of	109
the Revised Code or federal law.	110

(F) The state board shall prescribe a practice version of	111
each Ohio graduation test described in division (B) of this	112
section that is of comparable length to the actual test.	113

(G) Any committee established by the department of education	114
for the purpose of making recommendations to the state board	115
regarding the state board's designation of scores on the tests	116
described by this section shall inform the state board of the	117
probable percentage of students who would score in each of the	118
ranges established under division (A)(2) of this section on the	119
tests if the committee's recommendations are adopted by the state	120
board. To the extent possible, these percentages shall be	121
disaggregated by gender, major racial and ethnic groups, limited	122
English proficient students, economically disadvantaged students,	123
students with disabilities, and migrant students.	124

If the state board intends to make any change to the	125
committee's recommendations, the state board shall explain the	126
intended change to the Ohio accountability task force established	127
by section 3302.021 of the Revised Code. The task force shall	128
recommend whether the state board should proceed to adopt the	129
intended change. Nothing in this division shall require the state	130
board to designate test scores based upon the recommendations of	131
the task force.	132

(H)(1) The state board shall require any alternate assessment	133
administered to a student under division (C)(1) of section	134
3301.0711 of the Revised Code to be completed and submitted to the	135
entity with which the department contracts for the scoring of the	136
test not later than the first day of April of the school year in	137
which the test is administered.	138

(2) For any test prescribed by this section, the state board	139
may designate a date one week earlier than the applicable date	140
designated under division (C) of this section for the	141
administration of the test to limited English proficient students.	142

(3) In designating days for the administration of the tests	143
prescribed by division (A) of this section, the state board shall	144
require the tests for each grade level to be administered on	145
consecutive daysover a period of two weeks.	146

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

147

(1) Annually furnish to, grade, and score all tests required	148
by section 3301.0710 of the Revised Code to be administered by	149
city, local, exempted village, and joint vocational school	150
districts, except that each district shall score any test	151
administered pursuant to division (B)(10) of this section. Each	152
test so furnished shall include the data verification code of the	153
student to whom the test will be administered, as assigned	154
pursuant to division (D)(2) of section 3301.0714 of the Revised	155
Code. In furnishing the practice versions of Ohio graduation tests	156
prescribed by division (F) of section 3301.0710 of the Revised	157
Code, the department shall make the tests available on its web	158
site for reproduction by districts. In awarding contracts for	159
grading tests, the department shall give preference to Ohio-based	160
entities employing Ohio residents.	161

(2) Adopt rules for the ethical use of tests and prescribing	162
the manner in which the tests prescribed by section 3301.0710 of	163
the Revised Code shall be administered to students.	164

(B) Except as provided in divisions (C) and (J) of this	165
section, the board of education of each city, local, and exempted	166
village school district shall, in accordance with rules adopted	167
under division (A) of this section:	168

(1) Administer the reading test prescribed under division	169
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	170
to all students in the third grade who have not attained the score	171
designated for that test under division (A)(2)(c) of section	172
3301.0710 of the Revised Code.	173

(2) Administer the mathematics test prescribed under division	174
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	175
annually to all students in the third grade.	176

(3) Administer the tests prescribed under division (A)(1)(b)	177
of section 3301.0710 of the Revised Code at least once annually to	178
all students in the fourth grade.	179

(4) Administer the tests prescribed under division (A)(1)(c)	180
of section 3301.0710 of the Revised Code at least once annually to	181
all students in the fifth grade.	182

(5) Administer the tests prescribed under division (A)(1)(d)	183
of section 3301.0710 of the Revised Code at least once annually to	184
all students in the sixth grade.	185

(6) Administer the tests prescribed under division (A)(1)(e)	186
of section 3301.0710 of the Revised Code at least once annually to	187
all students in the seventh grade.	188

(7) Administer the tests prescribed under division (A)(1)(f)	189
of section 3301.0710 of the Revised Code at least once annually to	190
all students in the eighth grade.	191

(8) Except as provided in division (B)(9) of this section,	192
administer any test prescribed under division (B) of section	193
3301.0710 of the Revised Code as follows:	194

(a) At least once annually to all tenth grade students and at	195
least twice annually to all students in eleventh or twelfth grade	196
who have not yet attained the score on that test designated under	197
that division;	198

(b) To any person who has successfully completed the	199
curriculum in any high school or the individualized education	200
program developed for the person by any high school pursuant to	201
section 3323.08 of the Revised Code but has not received a high	202
school diploma and who requests to take such test, at any time	203
such test is administered in the district.	204

(9) In lieu of the board of education of any city, local, or	205
exempted village school district in which the student is also	206
enrolled, the board of a joint vocational school district shall	207
administer any test prescribed under division (B) of section	208
3301.0710 of the Revised Code at least twice annually to any	209
student enrolled in the joint vocational school district who has	210
not yet attained the score on that test designated under that	211
division. A board of a joint vocational school district may also	212
administer such a test to any student described in division	213
(B)(8)(b) of this section.	214

(10) If the district has been declared to be under an	215
academic watch or in a state of academic emergency pursuant to	216
section 3302.03 of the Revised Code or has a three-year average	217
graduation rate of not more than seventy-five per cent, administer	218
each test prescribed by division (F) of section 3301.0710 of the	219
Revised Code in September to all ninth grade students, beginning	220
in the school year that starts July 1, 2005.	221

(C)(1)(a) Any student receiving special education services	222
under Chapter 3323. of the Revised Code may be excused from taking	223
any particular test required to be administered under this section	224
if the individualized education program developed for the student	225
pursuant to section 3323.08 of the Revised Code excuses the	226
student from taking that test and instead specifies an alternate	227
assessment method approved by the department of education as	228
conforming to requirements of federal law for receipt of federal	229
funds for disadvantaged pupils. To the extent possible, the	230
individualized education program shall not excuse the student from	231
taking a test unless no reasonable accommodation can be made to	232
enable the student to take the test.	233

(b) Any alternate assessment approved by the department for a	234
student under this division shall produce measurable results	235
comparable to those produced by the tests which the alternate	236
assessments are replacing in order to allow for the student's	237
assessment results to be included in the data compiled for a	238
school district or building under section 3302.03 of the Revised	239
Code.	240

(c) Any student enrolled in a chartered nonpublic school who	241
has been identified, based on an evaluation conducted in	242
accordance with section 3323.03 of the Revised Code or section 504	243
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	244
794, as amended, as a child with a disability shall be excused	245
from taking any particular test required to be administered under	246
this section if a plan developed for the student pursuant to rules	247
adopted by the state board excuses the student from taking that	248
test. In the case of any student so excused from taking a test,	249
the chartered nonpublic school shall not prohibit the student from	250
taking the test.	251

(2) A district board may, for medical reasons or other good	252
cause, excuse a student from taking a test administered under this	253
section on the date scheduled, but any such test shall be	254
administered to such excused student not later than nine days	255
following the scheduled date. The board shall annually report the	256
number of students who have not taken one or more of the tests	257
required by this section to the state board of education not later	258
than the thirtieth day of June.	259

(3) As used in this division, "limited English proficient	260
student" has the same meaning as in 20 U.S.C. 7801.	261

No school district board shall excuse any limited English	262
proficient student from taking any particular test required to be	263
administered under this section, except that any limited English	264
proficient student who has been enrolled in United States schools	265
for less than one full school year shall not be required to take	266
any such reading or writing test. However, no board shall prohibit	267
a limited English proficient student who is not required to take a	268
test under this division from taking the test. A board may permit	269
any limited English proficient student to take any test required	270
to be administered under this section with appropriate	271
accommodations, as determined by the department. For each limited	272
English proficient student, each school district shall annually	273
assess that student's progress in learning English, in accordance	274
with procedures approved by the department.	275

The governing authority of a chartered nonpublic school may	276
excuse a limited English proficient student from taking any test	277
administered under this section. However, no governing authority	278
shall prohibit a limited English proficient student from taking	279
the test.	280

(D)(1) In the school year next succeeding the school year in	281
which the tests prescribed by division (A)(1) or (B) of section	282
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	283
or (B) of section 3301.0710 of the Revised Code as it existed	284
prior to September 11, 2001, are administered to any student, the	285
board of education of any school district in which the student is	286
enrolled in that year shall provide to the student intervention	287
services commensurate with the student's test performance,	288
including any intensive intervention required under section	289
3313.608 of the Revised Code, in any skill in which the student	290
failed to demonstrate at least a score at the proficient level on	291
the test.	292

(2) Following any administration of the tests prescribed by	293
division (F) of section 3301.0710 of the Revised Code to ninth	294
grade students, each school district that has a three-year average	295
graduation rate of not more than seventy-five per cent shall	296
determine for each high school in the district whether the school	297
shall be required to provide intervention services to any students	298
who took the tests. In determining which high schools shall	299
provide intervention services based on the resources available,	300
the district shall consider each school's graduation rate and	301
scores on the practice tests. The district also shall consider the	302
scores received by ninth grade students on the reading and	303
mathematics tests prescribed under division (A)(1)(f) of section	304
3301.0710 of the Revised Code in the eighth grade in determining	305
which high schools shall provide intervention services.	306

Each high school selected to provide intervention services	307
under this division shall provide intervention services to any	308
student whose test results indicate that the student is failing to	309
make satisfactory progress toward being able to attain scores at	310
the proficient level on the Ohio graduation tests. Intervention	311
services shall be provided in any skill in which a student	312
demonstrates unsatisfactory progress and shall be commensurate	313
with the student's test performance. Schools shall provide the	314
intervention services prior to the end of the school year, during	315
the summer following the ninth grade, in the next succeeding	316
school year, or at any combination of those times.	317

(E) Except as provided in section 3313.608 of the Revised	318
Code and division (M) of this section, no school district board of	319
education shall utilize any student's failure to attain a	320
specified score on any test administered under this section as a	321
factor in any decision to deny the student promotion to a higher	322
grade level. However, a district board may choose not to promote	323
to the next grade level any student who does not take any test	324
administered under this section or make up such test as provided	325
by division (C)(2) of this section and who is not exempt from the	326
requirement to take the test under division (C)(3) of this	327
section.	328

(F) No person shall be charged a fee for taking any test	329
administered under this section.	330

(G)(1) Each school district board shall submitdesignate one	331
location for the collection of tests administered in the spring	332
under division (B)(1) of this section and the tests administered	333
under divisions (B)(2) to (7) of this section. Each district board	334
shall submit the tests to the entity with which the department	335
contracts for the scoring of the tests as follows:	336

(a) If the district's total enrollment in grades kindergarten	337
through twelve during the first full school week of October was	338
less than two thousand five hundred, not later than the Friday	339
after all of the tests arehave been administered, except that;	340

(b) If the district's total enrollment in grades kindergarten	341
through twelve during the first full school week of October was	342
two thousand five hundred or more, but less than seven thousand,	343
not later than the Monday after all of the tests have been	344
administered;	345

(c) If the district's total enrollment in grades kindergarten	346
through twelve during the first full school week of October was	347
seven thousand or more, not later than the Tuesday after all of	348
the tests have been administered.	349

However, any such test that a student takes during the	350
make-up period described in division (C)(2) of this section shall	351
be submitted not later than the Friday following the day the	352
student takes the test.	353

(2) The department or an entity with which the department	354
contracts for the scoring of the test shall send to each school	355
district board a list of the individual test scores of all persons	356
taking any test prescribed by division (A)(1) or (B) of section	357
3301.0710 of the Revised Code within sixty days after its	358
administration, but in no case shall the scores be returned later	359
than the fifteenth day of June following the administration. For	360
any tests administered under this section by a joint vocational	361
school district, the department or entity shall also send to each	362
city, local, or exempted village school district a list of the	363
individual test scores of any students of such city, local, or	364
exempted village school district who are attending school in the	365
joint vocational school district.	366

(H) Individual test scores on any tests administered under	367
this section shall be released by a district board only in	368
accordance with section 3319.321 of the Revised Code and the rules	369
adopted under division (A) of this section. No district board or	370
its employees shall utilize individual or aggregate test results	371
in any manner that conflicts with rules for the ethical use of	372
tests adopted pursuant to division (A) of this section.	373

(I) Except as provided in division (G) of this section, the	374
department or an entity with which the department contracts for	375
the scoring of the test shall not release any individual test	376
scores on any test administered under this section. The state	377
board of education shall adopt rules to ensure the protection of	378
student confidentiality at all times. The rules may require the	379
use of the data verification codes assigned to students pursuant	380
to division (D)(2) of section 3301.0714 of the Revised Code to	381
protect the confidentiality of student test scores.	382

(J) Notwithstanding division (D) of section 3311.52 of the	383
Revised Code, this section does not apply to the board of	384
education of any cooperative education school district except as	385
provided under rules adopted pursuant to this division.	386

(1) In accordance with rules that the state board of	387
education shall adopt, the board of education of any city,	388
exempted village, or local school district with territory in a	389
cooperative education school district established pursuant to	390
divisions (A) to (C) of section 3311.52 of the Revised Code may	391
enter into an agreement with the board of education of the	392
cooperative education school district for administering any test	393
prescribed under this section to students of the city, exempted	394
village, or local school district who are attending school in the	395
cooperative education school district.	396

(2) In accordance with rules that the state board of	397
education shall adopt, the board of education of any city,	398
exempted village, or local school district with territory in a	399
cooperative education school district established pursuant to	400
section 3311.521 of the Revised Code shall enter into an agreement	401
with the cooperative district that provides for the administration	402
of any test prescribed under this section to both of the	403
following:	404

(a) Students who are attending school in the cooperative	405
district and who, if the cooperative district were not	406
established, would be entitled to attend school in the city,	407
local, or exempted village school district pursuant to section	408
3313.64 or 3313.65 of the Revised Code;	409

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

410

Any testing of students pursuant to such an agreement shall	411
be in lieu of any testing of such students or persons pursuant to	412
this section.	413

(K)(1) Any chartered nonpublic school may participate in the	414
testing program by administering any of the tests prescribed by	415
section 3301.0710 or 3301.0712 of the Revised Code if the chief	416
administrator of the school specifies which tests the school	417
wishes to administer. Such specification shall be made in writing	418
to the superintendent of public instruction prior to the first day	419
of August of any school year in which tests are administered and	420
shall include a pledge that the nonpublic school will administer	421
the specified tests in the same manner as public schools are	422
required to do under this section and rules adopted by the	423
department.	424

(2) The department of education shall furnish the tests	425
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	426
to any chartered nonpublic school electing to participate under	427
this division.	428

(L)(1) The superintendent of the state school for the blind	429
and the superintendent of the state school for the deaf shall	430
administer the tests described by section 3301.0710 of the Revised	431
Code. Each superintendent shall administer the tests in the same	432
manner as district boards are required to do under this section	433
and rules adopted by the department of education and in conformity	434
with division (C)(1)(a) of this section.	435

(2) The department of education shall furnish the tests	436
described by section 3301.0710 of the Revised Code to each	437
superintendent.	438

(M) Notwithstanding division (E) of this section, a school	439
district may use a student's failure to attain a score in at least	440
the basic range on the mathematics test described by division	441
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	442
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	443
of section 3301.0710 of the Revised Code as a factor in retaining	444
that student in the current grade level.	445

(N)(1) In the manner specified in divisions (N)(3) to (5) of	446
this section, the tests required by section 3301.0710 of the	447
Revised Code shall become public records pursuant to section	448
149.43 of the Revised Code on the first day of July following the	449
school year that the test was administered.	450

(2) The department may field test proposed test questions	451
with samples of students to determine the validity, reliability,	452
or appropriateness of test questions for possible inclusion in a	453
future year's test. The department also may use anchor questions	454
on tests to ensure that different versions of the same test are of	455
comparable difficulty.	456

Field test questions and anchor questions shall not be	457
considered in computing test scores for individual students. Field	458
test questions and anchor questions may be included as part of the	459
administration of any test required by section 3301.0710 of the	460
Revised Code.	461

(3) Any field test question or anchor question administered	462
under division (N)(2) of this section shall not be a public	463
record. Such field test questions and anchor questions shall be	464
redacted from any tests which are released as a public record	465
pursuant to division (N)(1) of this section.	466

(4) This division applies to the tests prescribed by division	467
(A) of section 3301.0710 of the Revised Code.	468

(a) The first administration of each test, as specified in	469
section 3301.0712 of the Revised Code, shall be a public record.	470

(b) For subsequent administrations of each test, not less	471
than forty per cent of the questions on the test that are used to	472
compute a student's score shall be a public record. The department	473
shall determine which questions will be needed for reuse on a	474
future test and those questions shall not be public records and	475
shall be redacted from the test prior to its release as a public	476
record.	477

(5) Each test prescribed by division (B) of section 3301.0710	478
of the Revised Code that is administered in the spring shall be a	479
public record. Each test prescribed by that division that is	480
administered in the fall or summer shall not be a public record.	481

(O) As used in this section:

482

(1) "Three-year average" means the average of the most recent	483
consecutive three school years of data.	484

(2) "Dropout" means a student who withdraws from school	485
before completing course requirements for graduation and who is	486
not enrolled in an education program approved by the state board	487
of education or an education program outside the state. "Dropout"	488
does not include a student who has departed the country.	489

(3) "Graduation rate" means the ratio of students receiving a	490
diploma to the number of students who entered ninth grade four	491
years earlier. Students who transfer into the district are added	492
to the calculation. Students who transfer out of the district for	493
reasons other than dropout are subtracted from the calculation. If	494
a student who was a dropout in any previous year returns to the	495
same school district, that student shall be entered into the	496
calculation as if the student had entered ninth grade four years	497
before the graduation year of the graduating class that the	498
student joins.	499

Section 2. That existing sections 3301.0710 and 3301.0711 of	500
the Revised Code are hereby repealed.	501