As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 379

Representative Fessler 

Cosponsors: Representatives Wagoner, Huffman, McGregor, R., Adams, Brinkman, Combs, Stebelton, Bubp 

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A BILL

To amend sections 3313.60 and 3313.603 of the Revised

1

Code to require the study of specified historical

2

documents be included in the high school American

3

history and government curriculum.

4

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

Section 1. That sections 3313.60 and 3313.603 of the Revised	5
Code be amended to read as follows:	6

Sec. 3313.60.  Notwithstanding division (D) of section	7
3311.52 of the Revised Code, divisions (A) to (E)(D) of this	8
section do not apply to any cooperative education school district	9
established pursuant to divisions (A) to (C) of section 3311.52 of	10
the Revised Code.	11

(A) The board of education of each city and exempted village	12
school district, the governing board of each educational service	13
center, and the board of each cooperative education school	14
district established pursuant to section 3311.521 of the Revised	15
Code shall prescribe a curriculum for all schools under their	16
control. Except as provided in division (E)(D) of this section, in	17
any such curriculum there shall be included the study of the	18
following subjects:	19

(1) The language arts, including reading, writing, spelling,	20
oral and written English, and literature;	21

(2) Geography, the history of the United States and of Ohio,	22
and national, state, and local government in the United States,	23
including a balanced presentation of the relevant contributions to	24
society of men and women of African, Mexican, Puerto Rican, and	25
American Indian descent as well as other ethnic and racial groups	26
in Ohio and the United States;	27

(3) Mathematics;

28

(4) Natural science, including instruction in the	29
conservation of natural resources;	30

(5) Health education, which shall include instruction in:

31

(a) The nutritive value of foods, including natural and	32
organically produced foods, the relation of nutrition to health,	33
the use and effects of food additives;	34

(b) The harmful effects of and legal restrictions against the	35
use of drugs of abuse, alcoholic beverages, and tobacco;	36

(c) Venereal disease education, except that upon written	37
request of the student's parent or guardian, a student shall be	38
excused from taking instruction in venereal disease education;	39

(d) In grades kindergarten through six, instruction in	40
personal safety and assault prevention, except that upon written	41
request of the student's parent or guardian, a student shall be	42
excused from taking instruction in personal safety and assault	43
prevention.	44

(6) Physical education;

45

(7) The fine arts, including music;

46

(8) First aid, including a training program in	47
cardiopulmonary resuscitation, safety, and fire prevention, except	48
that upon written request of the student's parent or guardian, a	49
student shall be excused from taking instruction in	50
cardiopulmonary resuscitation.	51

(B) Except as provided in division (E) of this section, every	52
school or school district shall include in the requirements for	53
promotion from the eighth grade to the ninth grade one year's	54
course of study of American history.	55

(C) ExceptAs specified in divisions (B)(6) and (C)(6) of	56
section 3313.603 of the Revised Code, except as provided in	57
division (E)(D) of this section, every high school shall include	58
in the requirements for graduation from any curriculum one	59
one-half unit each of American history and government, including a	60
study of the constitutions of the United States and of Ohio.	61

(D) Except as provided in division (E) of this section, basic	62
instruction in geography, United States history, the government of	63
the United States, the government of the state of Ohio, local	64
government in Ohio, the Declaration of Independence, the United	65
States Constitution, and the Constitution of the state of Ohio	66
shall be required before pupils may participate in courses	67
involving the study of social problems, economics, foreign	68
affairs, United Nations, world government, socialism and	69
communism.	70

(E) For each cooperative education school district	71
established pursuant to section 3311.521 of the Revised Code and	72
each city, exempted village, and local school district that has	73
territory within such a cooperative district, the curriculum	74
adopted pursuant to divisions (A) to (D)(C) of this section shall	75
only include the study of the subjects that apply to the grades	76
operated by each such school district. The curriculums for such	77
schools, when combined, shall provide to each student of these	78
districts all of the subjects required under divisions (A) to	79
(D)(C) of this section.	80

(F)(E) The board of education of any cooperative education	81
school district established pursuant to divisions (A) to (C) of	82
section 3311.52 of the Revised Code shall prescribe a curriculum	83
for the subject areas and grade levels offered in any school under	84
its control.	85

(G)(F) Upon the request of any parent or legal guardian of a	86
student, the board of education of any school district shall	87
permit the parent or guardian to promptly examine, with respect to	88
the parent's or guardian's own child:	89

(1) Any survey or questionnaire, prior to its administration	90
to the child;	91

(2) Any textbook, workbook, software, video, or other	92
instructional materials being used by the district in connection	93
with the instruction of the child;	94

(3) Any completed and graded test taken or survey or	95
questionnaire filled out by the child;	96

(4) Copies of the statewide academic standards and each model	97
curriculum developed pursuant to section 3301.079 of the Revised	98
Code, which copies shall be available at all times during school	99
hours in each district school building.	100

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

101

(1) "One unit" means a minimum of one hundred twenty hours of	102
course instruction, except that for a laboratory course, "one	103
unit" means a minimum of one hundred fifty hours of course	104
instruction.	105

(2) "One-half unit" means a minimum of sixty hours of course	106
instruction, except that for physical education courses, "one-half	107
unit" means a minimum of one hundred twenty hours of course	108
instruction.	109

(B) Beginning September 15, 2001, except as required in	110
division (C) of this section and division (C) of section 3313.614	111
of the Revised Code, the requirements for graduation from every	112
high school shall include twenty units earned in grades nine	113
through twelve and shall be distributed as follows:	114

(1) English language arts, four units;

115

(2) Health, one-half unit;

116

(3) Mathematics, three units;

117

(4) Physical education, one-half unit;

118

(5) Science, two units until September 15, 2003, and three	119
units thereafter, which at all times shall include both of the	120
following:	121

(a) Biological sciences, one unit;

122

(b) Physical sciences, one unit.

123

(6) Social studies, three unitsHistory and government, one	124
unit, which shall comply with division (M) of this section and	125
shall include both of the following:	126

(a) American history, one-half unit;

127

(b) American government, one-half unit.

128

(7) Social studies, two units in accordance with division (N)	129
of this section.	130

(8) Elective units, seven units until September 15, 2003, and	131
six units thereafter.	132

Each student's electives shall include at least one unit, or	133
two half units, chosen from among the areas of	134
business/technology, fine arts, and/or foreign language.	135

(C) Beginning with students who enter ninth grade for the	136
first time on or after July 1, 2010, except as provided in	137
divisions (D) to (F) of this section, the requirements for	138
graduation from every public and chartered nonpublic high school	139
shall include twenty units that are designed to prepare students	140
for the workforce and college. The units shall be distributed as	141
follows:	142

(1) English language arts, four units;

143

(2) Health, one-half unit;

144

(3) Mathematics, four units, which shall include one unit of	145
algebra II or the equivalent of algebra II;	146

(4) Physical education, one-half unit;

147

(5) Science, three units with inquiry-based laboratory	148
experience that engages students in asking valid scientific	149
questions and gathering and analyzing information, which shall	150
include the following, or their equivalent:	151

(a) Physical sciences, one unit;

152

(b) Life sciences, one unit;

153

(c) Advanced study in one or more of the following sciences,	154
one unit:	155

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

156

(ii) Advanced biology or other life science;

157

(iii) Astronomy, physical geology, or other earth or space	158
science.	159

(6) Social studies, three unitsHistory and government, one	160
unit, which shall comply with division (M) of this section and	161
shall include both of the following:	162

(a) American history, one-half unit;

163

(b) American government, one-half unit.

164

(7) Social studies, two units in accordance with division (N)	165
of this section.	166

Each school shall integrate the study of economics and	167
financial literacy, as expressed in the social studies academic	168
content standards adopted by the state board of education under	169
section 3301.079 of the Revised Code, into one or more existing	170
social studies credits required under division (C)(6)(7) of this	171
section, or into the content of another class, so that every high	172
school student receives instruction in those concepts. In	173
developing the curriculum required by this paragraph, schools	174
shall use available public-private partnerships and resources and	175
materials that exist in business, industry, and through the	176
centers for economics education at institutions of higher	177
education in the state.	178

(7)(8) Five units consisting of one or any combination of	179
foreign language, fine arts, business, career-technical education,	180
family and consumer sciences, technology, agricultural education,	181
or English language arts, mathematics, science, or social studies	182
courses not otherwise required under division (C) of this section.	183

Ohioans must be prepared to apply increased knowledge and	184
skills in the workplace and to adapt their knowledge and skills	185
quickly to meet the rapidly changing conditions of the	186
twenty-first century. National studies indicate that all high	187
school graduates need the same academic foundation, regardless of	188
the opportunities they pursue after graduation. The goal of Ohio's	189
system of elementary and secondary education is to prepare all	190
students for and seamlessly connect all students to success in	191
life beyond high school graduation, regardless of whether the next	192
step is entering the workforce, beginning an apprenticeship,	193
engaging in post-secondary training, serving in the military, or	194
pursuing a college degree.	195

The Ohio core curriculum is the standard expectation for all	196
students entering ninth grade for the first time at a public or	197
chartered nonpublic high school on or after July 1, 2010. A	198
student may satisfy this expectation through a variety of methods,	199
including, but not limited to, integrated, applied,	200
career-technical, and traditional coursework.	201

Whereas teacher quality is essential for student success in	202
completing the Ohio core curriculum, the general assembly shall	203
appropriate funds for strategic initiatives designed to strengthen	204
schools' capacities to hire and retain highly qualified teachers	205
in the subject areas required by the curriculum. Such initiatives	206
are expected to require an investment of $120,000,000 over five	207
years.	208

Stronger coordination between high schools and institutions	209
of higher education is necessary to prepare students for more	210
challenging academic endeavors and to lessen the need for academic	211
remediation in college, thereby reducing the costs of higher	212
education for Ohio's students, families, and the state. The state	213
board of education, the Ohio board of regents, and the partnership	214
for continued learning shall develop policies to ensure that only	215
in rare instances will students who complete the Ohio core	216
curriculum require academic remediation after high school.	217

School districts, community schools, and chartered nonpublic	218
schools shall integrate technology into learning experiences	219
whenever practicable across the curriculum in order to maximize	220
efficiency, enhance learning, and prepare students for success in	221
the technology-driven twenty-first century. Districts and schools	222
may use distance and web-based course delivery as a method of	223
providing or augmenting all instruction required under this	224
division, including laboratory experience in science. Districts	225
and schools shall whenever practicable utilize technology access	226
and electronic learning opportunities provided by the eTech Ohio	227
commission, the Ohio learning network, education technology	228
centers, public television stations, and other public and private	229
providers.	230

(D) Except as provided in division (E) of this section, a	231
student who enters ninth grade on or after July 1, 2010, and	232
before July 1, 2014, may qualify for graduation from a public or	233
chartered nonpublic high school even though the student has not	234
completed the Ohio core curriculum prescribed in division (C) of	235
this section if all of the following conditions are satisfied:	236

(1) After the student has attended high school for two years,	237
as determined by the school, the student and the student's parent,	238
guardian, or custodian sign and file with the school a written	239
statement asserting the parent's, guardian's, or custodian's	240
consent to the student's graduating without completing the Ohio	241
core curriculum and acknowledging that one consequence of not	242
completing the Ohio core curriculum is ineligibility to enroll in	243
most state universities in Ohio without further coursework.	244

(2) The student and parent, guardian, or custodian fulfill	245
any procedural requirements the school stipulates to ensure the	246
student's and parent's, guardian's, or custodian's informed	247
consent and to facilitate orderly filing of statements under	248
division (D)(1) of this section.	249

(3) The student and the student's parent, guardian, or	250
custodian and a representative of the student's high school	251
jointly develop an individual career plan for the student that	252
specifies the student matriculating to a two-year degree program,	253
acquiring a business and industry credential, or entering an	254
apprenticeship.	255

(4) The student's high school provides counseling and support	256
for the student related to the plan developed under division	257
(D)(3) of this section during the remainder of the student's high	258
school experience.	259

(5) The student successfully completes, at a minimum, the	260
curriculum prescribed in division (B) of this section.	261

The partnership for continued learning, in collaboration with	262
the department of education and the Ohio board of regents, shall	263
analyze student performance data to determine if there are	264
mitigating factors that warrant extending the exception permitted	265
by division (D) of this section to high school classes beyond	266
those entering ninth grade before July 1, 2014. The partnership	267
shall submit its findings and any recommendations not later than	268
August 1, 2014, to the speaker and minority leader of the house of	269
representatives, the president and minority leader of the senate,	270
the chairpersons and ranking minority members of the standing	271
committees of the house of representatives and the senate that	272
consider education legislation, the state board of education, and	273
the superintendent of public instruction.	274

(E) Each school district and chartered nonpublic school	275
retains the authority to require an even more rigorous minimum	276
curriculum for high school graduation than specified in division	277
(B) or (C) of this section. A school district board of education,	278
through the adoption of a resolution, or the governing authority	279
of a chartered nonpublic school may stipulate any of the	280
following:	281

(1) A minimum high school curriculum that requires more than	282
twenty units of academic credit to graduate;	283

(2) An exception to the district's or school's minimum high	284
school curriculum that is comparable to the exception provided in	285
division (D) of this section but with additional requirements,	286
which may include a requirement that the student successfully	287
complete more than the minimum curriculum prescribed in division	288
(B) of this section;	289

(3) That no exception comparable to that provided in division	290
(D) of this section is available.	291

(F) A student enrolled in a dropout prevention and recovery	292
program, which program has received a waiver from the department	293
of education, may qualify for graduation from high school by	294
successfully completing a competency-based instructional program	295
administered by the dropout prevention and recovery program in	296
lieu of completing the Ohio core curriculum prescribed in division	297
(C) of this section. The department shall grant a waiver to a	298
dropout prevention and recovery program, within sixty days after	299
the program applies for the waiver, if the program meets all of	300
the following conditions:	301

(1) The program serves only students not younger than sixteen	302
years of age and not older than twenty-one years of age.	303

(2) The program enrolls students who, at the time of their	304
initial enrollment, either, or both, are at least one grade level	305
behind their cohort age groups or experience crises that	306
significantly interfere with their academic progress such that	307
they are prevented from continuing their traditional programs.	308

(3) The program requires students to attain at least the	309
applicable score designated for each of the tests prescribed under	310
division (B) of section 3301.0710 of the Revised Code.	311

(4) The program develops an individual career plan for the	312
student that specifies the student's matriculating to a two-year	313
degree program, acquiring a business and industry credential, or	314
entering an apprenticeship.	315

(5) The program provides counseling and support for the	316
student related to the plan developed under division (F)(4) of	317
this section during the remainder of the student's high school	318
experience.	319

(6) The program requires the student and the student's	320
parent, guardian, or custodian to sign and file, in accordance	321
with procedural requirements stipulated by the program, a written	322
statement asserting the parent's, guardian's, or custodian's	323
consent to the student's graduating without completing the Ohio	324
core curriculum and acknowledging that one consequence of not	325
completing the Ohio core curriculum is ineligibility to enroll in	326
most state universities in Ohio without further coursework.	327

(7) Prior to receiving the waiver, the program has submitted	328
to the department an instructional plan that demonstrates how the	329
academic content standards adopted by the state board of education	330
under section 3301.079 of the Revised Code will be taught and	331
assessed.	332

If the department does not act either to grant the waiver or	333
to reject the program application for the waiver within sixty days	334
as required under this section, the waiver shall be considered to	335
be granted.	336

(G) Every high school may permit students below the ninth	337
grade to take advanced work for high school credit. A high school	338
shall count such advanced work toward the graduation requirements	339
of division (B) or (C) of this section if the advanced work was	340
both:	341

(1) Taught by a person who possesses a license or certificate	342
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	343
Code that is valid for teaching high school;	344

(2) Designated by the board of education of the city, local,	345
or exempted village school district, the board of the cooperative	346
education school district, or the governing authority of the	347
chartered nonpublic school as meeting the high school curriculum	348
requirements.	349

Each high school shall record on the student's high school	350
transcript all high school credit awarded under division (G) of	351
this section. In addition, if the student completed a seventh- or	352
eighth-grade fine arts course described in division (K) of this	353
section and the course qualified for high school credit under that	354
division, the high school shall record that course on the	355
student's high school transcript.	356

(H) The department shall make its individual academic career	357
plan available through its Ohio career information system web site	358
for districts and schools to use as a tool for communicating with	359
and providing guidance to students and families in selecting high	360
school courses.	361

(I) Units earned in English language arts, mathematics,	362
science, and social studies that are delivered through integrated	363
academic and career-technical instruction are eligible to meet the	364
graduation requirements of division (B) or (C) of this section.	365

(J) The state board of education, in consultation with the	366
Ohio board of regents and the partnership for continued learning,	367
shall adopt a statewide plan implementing methods for students to	368
earn units of high school credit based on a demonstration of	369
subject area competency, instead of or in combination with	370
completing hours of classroom instruction. The state board shall	371
adopt the plan not later than March 31, 2009, and commence phasing	372
in the plan during the 2009-2010 school year. The plan shall	373
include a standard method for recording demonstrated proficiency	374
on high school transcripts. Each school district, community	375
school, and chartered nonpublic school shall comply with the state	376
board's plan adopted under this division and award units of high	377
school credit in accordance with the plan. The state board may	378
adopt existing methods for earning high school credit based on a	379
demonstration of subject area competency as necessary prior to the	380
2009-2010 school year.	381

(K) This division does not apply to students who qualify for	382
graduation from high school under division (D) or (F) of this	383
section, or to students pursuing a career-technical instructional	384
track as determined by the school district board of education or	385
the chartered nonpublic school's governing authority.	386
Nevertheless, the general assembly encourages such students to	387
consider enrolling in a fine arts course as an elective.	388

Beginning with students who enter ninth grade for the first	389
time on or after July 1, 2010, each student enrolled in a public	390
or chartered nonpublic high school shall complete two semesters or	391
the equivalent of fine arts to graduate from high school. The	392
coursework may be completed in any of grades seven to twelve. Each	393
student who completes a fine arts course in grade seven or eight	394
may elect to count that course toward the five units of electives	395
required for graduation under division (C)(7)(8) of this section,	396
if the course satisfied the requirements of division (G) of this	397
section. In that case, the high school shall award the student	398
high school credit for the course and count the course toward the	399
five units required under division (C)(7)(8) of this section. If	400
the course in grade seven or eight did not satisfy the	401
requirements of division (G) of this section, the high school	402
shall not award the student high school credit for the course but	403
shall count the course toward the two semesters or the equivalent	404
of fine arts required by this division.	405

(L) Notwithstanding anything to the contrary in this section,	406
the board of education of each school district and the governing	407
authority of each chartered nonpublic school may adopt a policy to	408
excuse from the high school physical education requirement each	409
student who, during high school, has participated in	410
interscholastic athletics, marching band, or cheerleading for at	411
least two full seasons. If the board or authority adopts such a	412
policy, the board or authority shall not require the student to	413
complete any physical education course as a condition to graduate.	414
However, the student shall be required to complete one-half unit,	415
consisting of at least sixty hours of instruction, in another	416
course of study.	417

(M) Beginning with students who enter ninth grade for the	418
first time on or after July 1, 2006, the study of American history	419
and American government required by divisions (B)(6) and (C)(6) of	420
this section shall include the study of all of the following	421
documents for a cumulative period of time equivalent to at least	422
one-sixth unit:	423

(1) The Declaration of Independence;

424

(2) The Northwest Ordinance;

425

(3) The Constitution of the United States with emphasis on	426
the Bill of Rights;	427

(4) The Ohio Constitution.

428

The study of each of the documents prescribed in divisions	429
(M)(1) to (4) of this section shall include study of that document	430
in its original eighteenth-century context.	431

The study of American history and government required by	432
divisions (B)(6) and (C)(6) of this section shall include the	433
historical evidence of the role of documents such as the	434
Federalist Papers and the Anti-Federalist Papers to firmly	435
establish the historical background leading to the establishment	436
of the provisions of the Constitution and Bill of Rights by the	437
founding fathers for the purpose of safeguarding our	438
constitutional republic.	439

(N) Before students may participate in courses involving the	440
study of social problems, economics, foreign affairs, the United	441
Nations, world history and government, socialism, and communism,	442
they first shall complete basic instruction in geography, United	443
States history, the government of the United States, the	444
government of the state of Ohio, local government in Ohio, the	445
Declaration of Independence, the United States Constitution, and	446
the Constitution of the state of Ohio.	447

Section 2. That existing sections 3313.60 and 3313.603 of the	448
Revised Code are hereby repealed.	449