As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 424

Representative Setzer 

Cosponsors: Representatives Webster, Wagoner, Combs 

---

A BILL

To amend sections 3302.01, 3302.021, 3302.03,

1

3302.031, 3302.04, 3312.04, 3313.6013, 3365.02,

2

3365.03, 3365.05, 3365.07, and 3365.08 and to

3

enact sections 3313.6015, 3365.022, and 3365.15

4

of the Revised Code to eliminate the performance

5

index score as a factor in school district and

6

building performance ratings, to make changes in

7

the Post-Secondary Enrollment Options Program,

8

and to make changes in the requirement that

9

schools offer dual enrollment programs.

10

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

Section 1. That sections 3302.01, 3302.021, 3302.03,	11
3302.031, 3302.04, 3312.04, 3313.6013, 3365.02, 3365.03, 3365.05,	12
3365.07, and 3365.08 be amended and sections 3313.6015, 3365.022,	13
and 3365.15 of the Revised Code be enacted to read as follows:	14

Sec. 3302.01.  As used in this chapter:

15

(A) "Performance index score" means the average of the totals	16
derived from calculations for each subject area of reading,	17
writing, mathematics, science, and social studies of the weighted	18
proportion of untested students and students scoring at each level	19
of skill described in division (A)(2) of section 3301.0710 of the	20
Revised Code on the tests prescribed by divisions (A) and (B) of	21
that section. The department of education shall assign weights	22
such that students who do not take a test receive a weight of zero	23
and students who take a test receive progressively larger weights	24
dependent upon the level of skill attained on the test. The	25
department shall also determine the performance index score a	26
school district or building needs to achieve for the purpose of	27
the performance ratings assigned pursuant to section 3302.03 of	28
the Revised Code.	29

Students shall be included in the "performance index score"	30
in accordance with division (D)(2) of section 3302.03 of the	31
Revised Code.	32

(B) "Subgroup" means a subset of the entire student	33
population of the state, a school district, or a school building	34
and includes each of the following:	35

(1) Major racial and ethnic groups;

36

(2) Students with disabilities;

37

(3) Economically disadvantaged students;

38

(4) Limited English proficient students.

39

(C)(B) "No Child Left Behind Act of 2001" includes the	40
statutes codified at 20 U.S.C. 6301 et seq. and any amendments	41
thereto, rules and regulations promulgated pursuant to those	42
statutes, guidance documents, and any other policy directives	43
regarding implementation of that act issued by the United States	44
department of education.	45

(D)(C) "Adequate yearly progress" means a measure of annual	46
academic performance as calculated in accordance with the "No	47
Child Left Behind Act of 2001."	48

(E)(D) "Supplemental educational services" means additional	49
academic assistance, such as tutoring, remediation, or other	50
educational enrichment activities, that is conducted outside of	51
the regular school day by a provider approved by the department of	52
education in accordance with the "No Child Left Behind Act of	53
2001."	54

(F)(E) "Value-added progress dimension" means a measure of	55
academic gain for a student or group of students over a specific	56
period of time that is calculated by applying a statistical	57
methodology to individual student achievement data derived from	58
the achievement tests prescribed by section 3301.0710 of the	59
Revised Code.	60

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	61
later than July 1, 2007, the department of education shall	62
implement a value-added progress dimension for school districts	63
and buildings and shall incorporate the value-added progress	64
dimension into the report cards and performance ratings issued for	65
districts and buildings under section 3302.03 of the Revised Code.	66
For purposes of the performance ratings, the value-added progress	67
dimension shall replace the performance index score, as defined in	68
former section 3302.01 of the Revised Code as it existed prior to	69
the effective date of this amendment, and shall factor into the	70
ratings in the same manner as the performance index score.	71

The state board of education shall adopt rules, pursuant to	72
Chapter 119. of the Revised Code, for the implementation of the	73
value-added progress dimension. In adopting rules, the state board	74
shall consult with the Ohio accountability task force established	75
under division (D) of this section. The rules adopted under this	76
division shall specify both of the following:	77

(1) A scale for describing the levels of academic progress in	78
reading and mathematics relative to a standard year of academic	79
growth in those subjects for each of grades three through eight;	80

(2) That the department shall maintain the confidentiality of	81
individual student test scores and individual student reports in	82
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	83
Revised Code and federal law. The department may require school	84
districts to use a unique identifier for each student for this	85
purpose. Individual student test scores and individual student	86
reports shall be made available only to a student's classroom	87
teacher and other appropriate educational personnel and to the	88
student's parent or guardian.	89

(B) The department shall use a system designed for collecting	90
necessary data, calculating the value-added progress dimension,	91
analyzing data, and generating reports, which system has been used	92
previously by a non-profit organization led by the Ohio business	93
community for at least one year in the operation of a pilot	94
program in cooperation with school districts to collect and report	95
student achievement data via electronic means and to provide	96
information to the districts regarding the academic performance of	97
individual students, grade levels, school buildings, and the	98
districts as a whole.	99

(C) The department shall not pay more than two dollars per	100
student for data analysis and reporting to implement the	101
value-added progress dimension in the same manner and with the	102
same services as under the pilot program described by division (B)	103
of this section. However, nothing in this section shall preclude	104
the department or any school district from entering into a	105
contract for the provision of more services at a higher fee per	106
student. Any data analysis conducted under this section by an	107
entity under contract with the department shall be completed in	108
accordance with timelines established by the superintendent of	109
public instruction.	110

(D)(1) There is hereby established the Ohio accountability	111
task force. The task force shall consist of the following thirteen	112
members:	113

(a) The chairpersons and ranking minority members of the	114
house of representatives and senate standing committees primarily	115
responsible for education legislation, who shall be nonvoting	116
members;	117

(b) One representative of the governor's office, appointed by	118
the governor;	119

(c) The superintendent of public instruction, or the	120
superintendent's designee;	121

(d) One representative of teacher employee organizations	122
formed pursuant to Chapter 4117. of the Revised Code, appointed by	123
the speaker of the house of representatives;	124

(e) One representative of school district boards of	125
education, appointed by the president of the senate;	126

(f) One school district superintendent, appointed by the	127
speaker of the house of representatives;	128

(g) One representative of business, appointed by the	129
president of the senate;	130

(h) One representative of a non-profit organization led by	131
the Ohio business community, appointed by the governor;	132

(i) One school building principal, appointed by the president	133
of the senate;	134

(j) A member of the state board of education, appointed by	135
the speaker of the house of representatives.	136

Initial appointed members of the task force shall serve until	137
January 1, 2005. Thereafter, terms of office for appointed members	138
shall be for two years, each term ending on the same day of the	139
same month as did the term that it succeeds. Each appointed member	140
shall hold office from the date of appointment until the end of	141
the term for which the member was appointed. Members may be	142
reappointed. Vacancies shall be filled in the same manner as the	143
original appointment. Any member appointed to fill a vacancy	144
occurring prior to the expiration of the term for which the	145
member's predecessor was appointed shall hold office for the	146
remainder of that term.	147

The task force shall select from among its members a	148
chairperson. The task force shall meet at least six times each	149
calendar year and at other times upon the call of the chairperson	150
to conduct its business. Members of the task force shall serve	151
without compensation.	152

(2) The task force shall do all of the following:

153

(a) Examine the implementation of the value-added progress	154
dimension by the department, including the system described in	155
division (B) of this section, the reporting of performance data to	156
school districts and buildings, and the provision of professional	157
development on the interpretation of the data to classroom	158
teachers and administrators;	159

(b) Periodically review any fees for data analysis and	160
reporting paid by the department pursuant to division (C) of this	161
section and determine if the fees are appropriate based upon the	162
level of services provided;	163

(c) Periodically report to the department and the state board	164
on all issues related to the school district and building	165
accountability system established under this chapter;	166

(d) Not later than seven years after its initial meeting,	167
make recommendations to improve the school district and building	168
accountability system established under this chapter. The task	169
force shall adopt recommendations by a majority vote of its	170
members. Copies of the recommendations shall be provided to the	171
state board, the governor, the speaker of the house of	172
representatives, and the president of the senate.	173

(e) Determine starting dates for the implementation of the	174
value-added progress dimension and its incorporation into school	175
district and building report cards and performance ratings.	176

Sec. 3302.03.  (A) Annually the department of education shall	177
report for each school district and each school building in a	178
district all of the following:	179

(1) The extent to which the school district or building meets	180
each of the applicable performance indicators created by the state	181
board of education under section 3302.02 of the Revised Code and	182
the number of applicable performance indicators that have been	183
achieved;	184

(2) The performance index score of the school district or	185
building;	186

(3) Whether the school district or building has made adequate	187
yearly progress;	188

(4)(3) Whether the school district or building is excellent,	189
effective, needs continuous improvement, is under an academic	190
watch, or is in a state of academic emergency.	191

(B) Except as otherwise provided in division (A) of section	192
3302.021 of the Revised Code with respect to factoring the	193
value-added progress dimension into the performance ratings, and	194
as otherwise provided in divisions (B)(6) and (7) of this	195
section:	196

(1) A school district or building shall be declared excellent	197
if it fulfills one of the following requirements:	198

(a) It makes adequate yearly progress and either meets at	199
least ninety-four per cent of the applicable state performance	200
indicators or has a performance index score established by the	201
department.	202

(b) It has failed to make adequate yearly progress for not	203
more than two consecutive years and either meets at least	204
ninety-four per cent of the applicable state performance	205
indicators or has a performance index score established by the	206
department.	207

(2) A school district or building shall be declared effective	208
if it fulfills one of the following requirements:	209

(a) It makes adequate yearly progress and either meets at	210
least seventy-five per cent but less than ninety-four per cent of	211
the applicable state performance indicators or has a performance	212
index score established by the department.	213

(b) It does not make adequate yearly progress and either	214
meets at least seventy-five per cent but less than ninety-four per	215
cent of the applicable state performance indicators or has a	216
performance index score established by the department, except	217
that if it does not make adequate yearly progress for three	218
consecutive years, it shall be declared in need of continuous	219
improvement.	220

(3) A school district or building shall be declared to be in	221
need of continuous improvement if it fulfills one of the following	222
requirements:	223

(a) It makes adequate yearly progress,and meets less than	224
seventy-five per cent of the applicable state performance	225
indicators, and has a performance index score established by the	226
department.	227

(b) It does not make adequate yearly progress and either	228
meets at least fifty per cent but less than seventy-five per cent	229
of the applicable state performance indicators or has a	230
performance index score established by the department.	231

(4) A school district or building shall be declared to be	232
under an academic watch if it does not make adequate yearly	233
progress and either meets at least thirty-one per cent but less	234
than fifty per cent of the applicable state performance indicators	235
or has a performance index score established by the department.	236

(5) A school district or building shall be declared to be in	237
a state of academic emergency if it does not make adequate yearly	238
progress,and does not meet at least thirty-one per cent of the	239
applicable state performance indicators, and has a performance	240
index score established by the department.	241

(6) When designating performance ratings for school districts	242
and buildings under divisions (B)(1) to (5) of this section, the	243
department shall not assign a school district or building a lower	244
designation from its previous year's designation based solely on	245
one subgroup not making adequate yearly progress.	246

(7) Division (B)(7) of this section does not apply to any	247
community school established under Chapter 3314. of the Revised	248
Code in which a majority of the students are enrolled in a dropout	249
prevention and recovery program.	250

A school district or building shall not be assigned a higher	251
performance rating than in need of continuous improvement if at	252
least ten per cent but not more than fifteen per cent of the	253
enrolled students do not take all achievement tests prescribed for	254
their grade level under section 3301.0710 of the Revised Code from	255
which they are not excused pursuant to division (C)(1) or (3) of	256
section 3301.0711 of the Revised Code. A school district or	257
building shall not be assigned a higher performance rating than	258
under an academic watch if more than fifteen per cent but not more	259
than twenty per cent of the enrolled students do not take all	260
achievement tests prescribed for their grade level under section	261
3301.0710 of the Revised Code from which they are not excused	262
pursuant to division (C)(1) or (3) of section 3301.0711 of the	263
Revised Code. A school district or building shall not be assigned	264
a higher performance rating than in a state of academic emergency	265
if more than twenty per cent of the enrolled students do not take	266
all achievement tests prescribed for their grade level under	267
section 3301.0710 of the Revised Code from which they are not	268
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	269
the Revised Code.	270

(C)(1) The department shall issue annual report cards for	271
each school district, each building within each district, and for	272
the state as a whole reflecting performance on the indicators	273
created by the state board under section 3302.02 of the Revised	274
Code, the performance index score, and adequate yearly progress.	275

(2) The department shall include on the report card for each	276
district information pertaining to any change from the previous	277
year made by the school district or school buildings within the	278
district on any performance indicator.	279

(3) When reporting data on student performance, the	280
department shall disaggregate that data according to the following	281
categories:	282

(a) Performance of students by age group;

283

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

284

(c) Performance of students by gender;

285

(d) Performance of students grouped by those who have been	286
enrolled in a district or school for three or more years;	287

(e) Performance of students grouped by those who have been	288
enrolled in a district or school for more than one year and less	289
than three years;	290

(f) Performance of students grouped by those who have been	291
enrolled in a district or school for one year or less;	292

(g) Performance of students grouped by those who are	293
economically disadvantaged;	294

(h) Performance of students grouped by those who are enrolled	295
in a conversion community school established under Chapter 3314.	296
of the Revised Code;	297

(i) Performance of students grouped by those who are	298
classified as limited English proficient;	299

(j) Performance of students grouped by those who have	300
disabilities;	301

(k) Performance of students grouped by those who are	302
classified as migrants;	303

(l) Performance of students grouped by those who are	304
identified as gifted pursuant to Chapter 3324. of the Revised	305
Code.	306

The department may disaggregate data on student performance	307
according to other categories that the department determines are	308
appropriate. To the extent possible, the department shall	309
disaggregate data on student performance according to any	310
combinations of two or more of the categories listed in divisions	311
(C)(3)(a) to (l) of this section that it deems relevant.	312

In reporting data pursuant to division (C)(3) of this	313
section, the department shall not include in the report cards any	314
data statistical in nature that is statistically unreliable or	315
that could result in the identification of individual students.	316
For this purpose, the department shall not report student	317
performance data for any group identified in division (C)(3) of	318
this section that contains less than ten students.	319

(4) The department may include with the report cards any	320
additional education and fiscal performance data it deems	321
valuable.	322

(5) The department shall include on each report card a list	323
of additional information collected by the department that is	324
available regarding the district or building for which the report	325
card is issued. When available, such additional information shall	326
include student mobility data disaggregated by race and	327
socioeconomic status, college enrollment data, and the reports	328
prepared under section 3302.031 of the Revised Code.	329

The department shall maintain a site on the world wide web.	330
The report card shall include the address of the site and shall	331
specify that such additional information is available to the	332
public at that site. The department shall also provide a copy of	333
each item on the list to the superintendent of each school	334
district. The district superintendent shall provide a copy of any	335
item on the list to anyone who requests it.	336

(6)(a) This division does not apply to conversion community	337
schools that primarily enroll students between sixteen and	338
twenty-two years of age who dropped out of high school or are at	339
risk of dropping out of high school due to poor attendance,	340
disciplinary problems, or suspensions.	341

For any district that sponsors a conversion community school	342
under Chapter 3314. of the Revised Code, the department shall	343
combine data regarding the academic performance of students	344
enrolled in the community school with comparable data from the	345
schools of the district for the purpose of calculating the	346
performance of the district as a whole on the report card issued	347
for the district.	348

(b) Any district that leases a building to a community school	349
located in the district or that enters into an agreement with a	350
community school located in the district whereby the district and	351
the school endorse each other's programs may elect to have data	352
regarding the academic performance of students enrolled in the	353
community school combined with comparable data from the schools of	354
the district for the purpose of calculating the performance of the	355
district as a whole on the district report card. Any district that	356
so elects shall annually file a copy of the lease or agreement	357
with the department.	358

(7) The department shall include on each report card the	359
percentage of teachers in the district or building who are highly	360
qualified, as defined by the "No Child Left Behind Act of 2001,"	361
and a comparison of that percentage with the percentages of such	362
teachers in similar districts and buildings.	363

(8) The department shall include on the report card the	364
number of master teachers employed by each district and each	365
building once the data is available from the education management	366
information system established under section 3301.0714 of the	367
Revised Code.	368

(D)(1) In calculating reading, writing, mathematics, social	369
studies, or science proficiency or achievement test passage rates	370
used to determine school district or building performance under	371
this section, the department shall include all students taking a	372
test with accommodation or to whom an alternate assessment is	373
administered pursuant to division (C)(1) or (3) of section	374
3301.0711 of the Revised Code.	375

(2) In calculating performance index scores, rates of	376
achievement on the performance indicators established by the state	377
board under section 3302.02 of the Revised Code, and adequate	378
yearly progress for school districts and buildings under this	379
section, the department shall do all of the following:	380

(a) Include for each district or building only those students	381
who are included in the ADM certified for the first full school	382
week of October and are continuously enrolled in the district or	383
building through the time of the spring administration of any test	384
prescribed by section 3301.0710 of the Revised Code that is	385
administered to the student's grade level;	386

(b) Include cumulative totals from both the fall and spring	387
administrations of the third grade reading achievement test;	388

(c) Except as required by the "No Child Left Behind Act of	389
2001" for the calculation of adequate yearly progress, exclude for	390
each district or building any limited English proficient student	391
who has been enrolled in United States schools for less than one	392
full school year.	393

Sec. 3302.031. In addition to the report cards required under	394
section 3302.03 of the Revised Code, the department of education	395
shall annually prepare the following reports for each school	396
district and make a copy of each report available to the	397
superintendent of each district:	398

(A) A funding and expenditure accountability report which	399
shall consist of the amount of state aid payments the school	400
district will receive during the fiscal year under Chapter 3317.	401
of the Revised Code and any other fiscal data the department	402
determines is necessary to inform the public about the financial	403
status of the district;	404

(B) A school safety and discipline report which shall consist	405
of statistical information regarding student safety and discipline	406
in each school building, including the number of suspensions and	407
expulsions disaggregated according to race and gender;	408

(C) A student equity report which shall consist of at least a	409
description of the status of teacher qualifications, library and	410
media resources, textbooks, classroom materials and supplies, and	411
technology resources for each district. To the extent possible,	412
the information included in the report required under this	413
division shall be disaggregated according to grade level, race,	414
gender, disability, and scores attained on tests required under	415
section 3301.0710 of the Revised Code.	416

(D) A school enrollment report which shall consist of	417
information about the composition of classes within each district	418
by grade and subject disaggregated according to race, gender, and	419
scores attained on tests required under section 3301.0710 of the	420
Revised Code;	421

(E) A student retention report which shall consist of the	422
number of students retained in their respective grade levels in	423
the district disaggregated by grade level, subject area, race,	424
gender, and disability;	425

(F) A school district performance report which shall describe	426
for the district and each building within the district the extent	427
to which the district or building meets each of the applicable	428
performance indicators established under section 3302.02 of the	429
Revised Code,and the number of performance indicators that have	430
been achieved, and the performance index score. In calculating the	431
rates of achievement on the performance indicators and the	432
performance index scores for each report, the department shall	433
exclude all students with disabilities.	434

Sec. 3302.04.  (A) The department of education shall	435
establish a system of intensive, ongoing support for the	436
improvement of school districts and school buildings. The system	437
shall give priority to districts and buildings that have been	438
declared to be under an academic watch or in a state of academic	439
emergency under section 3302.03 of the Revised Code and shall	440
include services provided to districts and buildings through	441
regional service providers, such as educational service centers,	442
regional professional development centers, and special education	443
regional resource centers.	444

(B) When a school district has been notified by the	445
department pursuant to division (A) of section 3302.03 of the	446
Revised Code that the district or a building within the district	447
has failed to make adequate yearly progress for two consecutive	448
school years, the district shall develop a three-year continuous	449
improvement plan for the district or building containing each of	450
the following:	451

(1) An analysis of the reasons for the failure of the	452
district or building to meet any of the applicable performance	453
indicators established under section 3302.02 of the Revised Code	454
that it did not meet and an analysis of the reasons for its	455
failure to make adequate yearly progress;	456

(2) Specific strategies that the district or building will	457
use to address the problems in academic achievement identified in	458
division (B)(1) of this section;	459

(3) Identification of the resources that the district will	460
allocate toward improving the academic achievement of the district	461
or building;	462

(4) A description of any progress that the district or	463
building made in the preceding year toward improving its academic	464
achievement;	465

(5) An analysis of how the district is utilizing the	466
professional development standards adopted by the state board	467
pursuant to section 3319.61 of the Revised Code;	468

(6) Strategies that the district or building will use to	469
improve the cultural competency, as defined pursuant to section	470
3319.61 of the Revised Code, of teachers and other educators.	471

No three-year continuous improvement plan shall be developed	472
or adopted pursuant to this division unless at least one public	473
hearing is held within the affected school district or building	474
concerning the final draft of the plan. Notice of the hearing	475
shall be given two weeks prior to the hearing by publication in	476
one newspaper of general circulation within the territory of the	477
affected school district or building. Copies of the plan shall be	478
made available to the public.	479

(C) When a school district or building has been notified by	480
the department pursuant to division (A) of section 3302.03 of the	481
Revised Code that the district or building is under an academic	482
watch or in a state of academic emergency, the district or	483
building shall be subject to any rules establishing intervention	484
in academic watch or emergency school districts or buildings.	485

(D)(1) Within one hundred twenty days after any school	486
district or building is declared to be in a state of academic	487
emergency under section 3302.03 of the Revised Code, the	488
department may initiate a site evaluation of the building or	489
school district.	490

(2) If any school district that is declared to be in a state	491
of academic emergency or in a state of academic watch under	492
section 3302.03 of the Revised Code or encompasses a building that	493
is declared to be in a state of academic emergency or in a state	494
of academic watch fails to demonstrate to the department	495
satisfactory improvement of the district or applicable buildings	496
or fails to submit to the department any information required	497
under rules established by the state board of education, prior to	498
approving a three-year continuous improvement plan under rules	499
established by the state board of education, the department shall	500
conduct a site evaluation of the school district or applicable	501
buildings to determine whether the school district is in	502
compliance with minimum standards established by law or rule.	503

(3) Site evaluations conducted under divisions (D)(1) and (2)	504
of this section shall include, but not be limited to, the	505
following:	506

(a) Determining whether teachers are assigned to subject	507
areas for which they are licensed or certified;	508

(b) Determining pupil-teacher ratios;

509

(c) Examination of compliance with minimum instruction time	510
requirements for each school day and for each school year;	511

(d) Determining whether materials and equipment necessary to	512
implement the curriculum approved by the school district board are	513
available;	514

(e) Examination of whether the teacher and principal	515
evaluation system reflects the evaluation system guidelines	516
adopted by the state board of education under section 3319.112 of	517
the Revised Code;	518

(f) Examination of the adequacy of efforts to improve the	519
cultural competency, as defined pursuant to section 3319.61 of the	520
Revised Code, of teachers and other educators.	521

(E) This division applies only to school districts that	522
operate a school building that fails to make adequate yearly	523
progress for two or more consecutive school years.	524

(1) For any school building that fails to make adequate	525
yearly progress for two consecutive school years, the district	526
shall do all of the following:	527

(a) Provide written notification of the academic issues that	528
resulted in the building's failure to make adequate yearly	529
progress to the parent or guardian of each student enrolled in the	530
building. The notification shall also describe the actions being	531
taken by the district or building to improve the academic	532
performance of the building and any progress achieved toward that	533
goal in the immediately preceding school year.	534

(b) If the building receives funds under Title 1, Part A of	535
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	536
6311 to 6339, from the district, in accordance with section	537
3313.97 of the Revised Code, offer all students enrolled in the	538
building the opportunity to enroll in an alternative building	539
within the district that is not in school improvement status as	540
defined by the "No Child Left Behind Act of 2001." Notwithstanding	541
Chapter 3327. of the Revised Code, the district shall spend an	542
amount equal to twenty per cent of the funds it receives under	543
Title I, Part A of the "Elementary and Secondary Education Act of	544
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	545
students who enroll in alternative buildings under this division,	546
unless the district can satisfy all demand for transportation with	547
a lesser amount. If an amount equal to twenty per cent of the	548
funds the district receives under Title I, Part A of the	549
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	550
to 6339, is insufficient to satisfy all demand for transportation,	551
the district shall grant priority over all other students to the	552
lowest achieving students among the subgroup described in division	553
(B)(A)(3) of section 3302.01 of the Revised Code in providing	554
transportation. Any district that does not receive funds under	555
Title I, Part A of the "Elementary and Secondary Education Act of	556
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	557
transportation to any student who enrolls in an alternative	558
building under this division.	559

(2) For any school building that fails to make adequate	560
yearly progress for three consecutive school years, the district	561
shall do both of the following:	562

(a) If the building receives funds under Title 1, Part A of	563
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	564
6311 to 6339, from the district, in accordance with section	565
3313.97 of the Revised Code, provide all students enrolled in the	566
building the opportunity to enroll in an alternative building	567
within the district that is not in school improvement status as	568
defined by the "No Child Left Behind Act of 2001." Notwithstanding	569
Chapter 3327. of the Revised Code, the district shall provide	570
transportation for students who enroll in alternative buildings	571
under this division to the extent required under division (E)(2)	572
of this section.	573

(b) If the building receives funds under Title 1, Part A of	574
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	575
6311 to 6339, from the district, offer supplemental educational	576
services to students who are enrolled in the building and who are	577
in the subgroup described in division (B)(A)(3) of section 3302.01	578
of the Revised Code.	579

The district shall spend a combined total of an amount equal	580
to twenty per cent of the funds it receives under Title I, Part A	581
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	582
6311 to 6339, to provide transportation for students who enroll in	583
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	584
this section and to pay the costs of the supplemental educational	585
services provided to students under division (E)(2)(b) of this	586
section, unless the district can satisfy all demand for	587
transportation and pay the costs of supplemental educational	588
services for those students who request them with a lesser amount.	589
In allocating funds between the requirements of divisions	590
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	591
shall spend at least an amount equal to five per cent of the funds	592
it receives under Title I, Part A of the "Elementary and Secondary	593
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	594
transportation for students who enroll in alternative buildings	595
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	596
district can satisfy all demand for transportation with a lesser	597
amount, and at least an amount equal to five per cent of the funds	598
it receives under Title I, Part A of the "Elementary and Secondary	599
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	600
of the supplemental educational services provided to students	601
under division (E)(2)(b) of this section, unless the district can	602
pay the costs of such services for all students requesting them	603
with a lesser amount. If an amount equal to twenty per cent of the	604
funds the district receives under Title I, Part A of the	605
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	606
to 6339, is insufficient to satisfy all demand for transportation	607
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	608
the costs of all of the supplemental educational services provided	609
to students under division (E)(2)(b) of this section, the district	610
shall grant priority over all other students in providing	611
transportation and in paying the costs of supplemental educational	612
services to the lowest achieving students among the subgroup	613
described in division (B)(A)(3) of section 3302.01 of the Revised	614
Code.	615

Any district that does not receive funds under Title I, Part	616
A of the "Elementary and Secondary Education Act of 1965," 20	617
U.S.C. 6311 to 6339, shall not be required to provide	618
transportation to any student who enrolls in an alternative	619
building under division (E)(2)(a) of this section or to pay the	620
costs of supplemental educational services provided to any student	621
under division (E)(2)(b) of this section.	622

No student who enrolls in an alternative building under	623
division (E)(2)(a) of this section shall be eligible for	624
supplemental educational services under division (E)(2)(b) of this	625
section.	626

(3) For any school building that fails to make adequate	627
yearly progress for four consecutive school years, the district	628
shall continue to comply with division (E)(2) of this section and	629
shall implement at least one of the following options with respect	630
to the building:	631

(a) Institute a new curriculum that is consistent with the	632
statewide academic standards adopted pursuant to division (A) of	633
section 3301.079 of the Revised Code;	634

(b) Decrease the degree of authority the building has to	635
manage its internal operations;	636

(c) Appoint an outside expert to make recommendations for	637
improving the academic performance of the building. The district	638
may request the department to establish a state intervention team	639
for this purpose pursuant to division (G) of this section.	640

(d) Extend the length of the school day or year;

641

(e) Replace the building principal or other key personnel;

642

(f) Reorganize the administrative structure of the building.

643

(4) For any school building that fails to make adequate	644
yearly progress for five consecutive school years, the district	645
shall continue to comply with division (E)(2) of this section and	646
shall develop a plan during the next succeeding school year to	647
improve the academic performance of the building, which shall	648
include at least one of the following options:	649

(a) Reopen the school as a community school under Chapter	650
3314. of the Revised Code;	651

(b) Replace personnel;

652

(c) Contract with a nonprofit or for-profit entity to operate	653
the building;	654

(d) Turn operation of the building over to the department;

655

(e) Other significant restructuring of the building's	656
governance.	657

(5) For any school building that fails to make adequate	658
yearly progress for six consecutive school years, the district	659
shall continue to comply with division (E)(2) of this section and	660
shall implement the plan developed pursuant to division (E)(4) of	661
this section.	662

(6) A district shall continue to comply with division	663
(E)(1)(b) or (E)(2) of this section, whichever was most recently	664
applicable, with respect to any building formerly subject to one	665
of those divisions until the building makes adequate yearly	666
progress for two consecutive school years.	667

(F) This division applies only to school districts that have	668
been identified for improvement by the department pursuant to the	669
"No Child Left Behind Act of 2001."	670

(1) If a school district has been identified for improvement	671
for one school year, the district shall provide a written	672
description of the continuous improvement plan developed by the	673
district pursuant to division (B) of this section to the parent or	674
guardian of each student enrolled in the district. If the district	675
does not have a continuous improvement plan, the district shall	676
develop such a plan in accordance with division (B) of this	677
section and provide a written description of the plan to the	678
parent or guardian of each student enrolled in the district.	679

(2) If a school district has been identified for improvement	680
for two consecutive school years, the district shall continue to	681
implement the continuous improvement plan developed by the	682
district pursuant to division (B) or (F)(1) of this section.	683

(3) If a school district has been identified for improvement	684
for three consecutive school years, the department shall take at	685
least one of the following corrective actions with respect to the	686
district:	687

(a) Withhold a portion of the funds the district is entitled	688
to receive under Title I, Part A of the "Elementary and Secondary	689
Education Act of 1965," 20 U.S.C. 6311 to 6339;	690

(b) Direct the district to replace key district personnel;

691

(c) Institute a new curriculum that is consistent with the	692
statewide academic standards adopted pursuant to division (A) of	693
section 3301.079 of the Revised Code;	694

(d) Establish alternative forms of governance for individual	695
school buildings within the district;	696

(e) Appoint a trustee to manage the district in place of the	697
district superintendent and board of education.	698

The department shall conduct individual audits of a sampling	699
of districts subject to this division to determine compliance with	700
the corrective actions taken by the department.	701

(4) If a school district has been identified for improvement	702
for four consecutive school years, the department shall continue	703
to monitor implementation of the corrective action taken under	704
division (F)(3) of this section with respect to the district.	705

(5) If a school district has been identified for improvement	706
for five consecutive school years, the department shall take at	707
least one of the corrective actions identified in division (F)(3)	708
of this section with respect to the district, provided that the	709
corrective action the department takes is different from the	710
corrective action previously taken under division (F)(3) of this	711
section with respect to the district.	712

(G) The department may establish a state intervention team to	713
evaluate all aspects of a school district or building, including	714
management, curriculum, instructional methods, resource	715
allocation, and scheduling. Any such intervention team shall be	716
appointed by the department and shall include teachers and	717
administrators recognized as outstanding in their fields. The	718
intervention team shall make recommendations regarding methods for	719
improving the performance of the district or building.	720

The department shall not approve a district's request for an	721
intervention team under division (E)(3) of this section if the	722
department cannot adequately fund the work of the team, unless the	723
district agrees to pay for the expenses of the team.	724

(H) The department shall conduct individual audits of a	725
sampling of community schools established under Chapter 3314. of	726
the Revised Code to determine compliance with this section.	727

(I) The state board shall adopt rules for implementing this	728
section.	729

Sec. 3312.04.  The advisory council of each region of the	730
educational regional service system shall do all of the following:	731

(A) Identify regional needs and priorities for educational	732
services to inform the department of education in the development	733
of the performance contracts entered into by the fiscal agent of	734
the region under section 3312.08 of the Revised Code;	735

(B) Develop policies to coordinate the delivery of services	736
to school districts, community schools, and chartered nonpublic	737
schools in a manner that responds to regional needs and	738
priorities. Such policies shall not supersede any requirement of a	739
performance contract entered into by the fiscal agent of the	740
region under section 3312.08 of the Revised Code.	741

(C) Make recommendations to the fiscal agent for the region	742
regarding the expenditure of funds available to the region for	743
implementation of state and regional education initiatives and	744
school improvement efforts;	745

(D) Monitor implementation of state and regional education	746
initiatives and school improvement efforts by educational service	747
centers, information technology centers, and other regional	748
service providers to ensure that the terms of the performance	749
contracts entered into by the fiscal agent for the region under	750
section 3312.08 of the Revised Code are being met;	751

(E) Establish an accountability system to evaluate the	752
advisory council on its performance of the duties described in	753
divisions (A) to (D) of this section;	754

(F) Design a strategy for participation in the post-secondary	755
enrollment options program by secondary grade students enrolled in	756
public and nonpublic high schools located in the region and share	757
that strategy with other regional advisory councils, as prescribed	758
by section 3365.022 of the Revised Code.	759

Sec. 3313.6013. (A) As used in this section, "dual enrollment	760
program" means a program that enables a student to earn college	761
credit toward a degree from an institution of higher education	762
while enrolled in high school or that enables a student to	763
complete coursework while enrolled in high school that may earn	764
credit toward a degree from an institution of higher education	765
upon the student's attainment of a specified score on an	766
examination covering the coursework. Dual enrollment programs may	767
include any of the following:	768

(1) The post-secondary enrollment options program established	769
under Chapter 3365. of the Revised Code;	770

(2) Advanced placement courses;

771

(3) Any similar program established pursuant to an agreement	772
between a school district or chartered nonpublic high school and	773
an institution of higher educationas a result of participating in	774
a college course offered at a college or university or at a high	775
school or offered via distance learning arrangements, through	776
which credit is recorded on the student's transcript upon	777
completing the course.	778

(B) Each city, local, exempted village, and joint vocational	779
school district and each chartered nonpublic high school shall	780
provide students enrolled in grades nine through twelve with the	781
opportunity to participate in a dual enrollment program. For this	782
purpose, each school district and chartered nonpublic high school	783
shall offer at least one dual enrollment program in accordance	784
with division (B)(1) or (2) of this section, as applicable.	785

(1) A city, local, or exempted village school district meets	786
the requirements of this division through its mandatory	787
participation in the post-secondary enrollment options program	788
established under Chapter 3365. of the Revised Code. However, a	789
city, local, or exempted village school district may offer any	790
other dual enrollment program, in addition to the post-secondary	791
enrollment options program, and each joint vocational school	792
district shall offer at least one other duel enrollment program,	793
to students in good standing, as defined by the partnership for	794
continued learning under section 3301.42 of the Revised Code.	795

(2) A chartered nonpublic high school that elects to	796
participate in the post-secondary enrollment options program	797
established under Chapter 3365. of the Revised Code meets the	798
requirements of this division. Each chartered nonpublic high	799
school that elects not to participate in the post-secondary	800
enrollment options program instead shall offer at least one other	801
dual enrollment program to students in good standing, as defined	802
by the partnership for continued learning under section 3301.42 of	803
the Revised Code.	804

(C) Each school district and each chartered nonpublic high	805
school shall provide information about the dual enrollment	806
programs offered by the district or school to all students	807
enrolled in grades eight through eleven.	808

(D) The instructor of any course offering college credit	809
under a dual enrollment program under division (B) of this section	810
that is taught at a public high school shall hold at least a	811
master's degree in the content of instruction.	812

Sec. 3313.6015. (A) As used in this section, "accelerated	813
learning program" means a program that enables a student to	814
complete coursework while enrolled in high school for which the	815
student earns high school credit and also may earn credit toward a	816
degree from an institution of higher education upon the student's	817
matriculation at that institution of higher education. College	818
credit may be based on attainment of a specified score on an	819
examination covering the coursework. Accelerated learning	820
programs may include advanced placement or international	821
baccalaureate courses.	822

(B) A city, local, exempted village, or joint vocational	823
school district may offer students enrolled in grades nine through	824
twelve the opportunity to participate in an accelerated learning	825
program.	826

Sec. 3365.02.  There is hereby established the post-secondary	827
enrollment options program under which a secondary grade student	828
who is a resident of this state may enroll at a college, on a	829
full- or part-time basis, and complete nonsectarian courses for	830
high school and college credit.	831

Secondary grade students in a nonpublic school may	832
participate in the post-secondary enrollment options program if	833
the chief administrator of such school notifies the department of	834
education by the first day of April prior to the school year in	835
which the school's students will participate.	836

The purpose of the program shall be to provide post-secondary	837
education opportunities, including career-technical and skills	838
development courses, for secondary grade students who are ready to	839
do college-level work and to help secondary grade students	840
transition to college or the work force.	841

The state board of education, after consulting with the board	842
of regents, shall adopt rules governing the program. The rules	843
shall include:	844

(A) Requirements for school districts, community schools, or	845
participating nonpublic schools to provide information about the	846
program prior to the first day of March of each year to all	847
students enrolled in grades eight through eleven;	848

(B) A requirement that a student or the student's parent	849
inform the district board of education, the governing authority of	850
a community school, the STEM school chief administrative officer,	851
or the nonpublic school administrator by the thirtieth	852
thirty-first day of MarchMay of the student's intent to	853
participate in the program during the following school year. The	854
rule shall provide that any student who fails to provide the	855
notification by the required date may not participate in the	856
program during the following school year without the written	857
consent of the district superintendent, the governing authority	858
of a community school, the STEM school chief administrative	859
officer, or the nonpublic school administrator.	860

(C) Requirements that school districts, community schools,	861
and STEM schools provide counseling services to students in	862
grades eight through eleven and to their parents before the	863
students participate in the program under this chapter to ensure	864
that students and parents are fully aware of the possible risks	865
and consequences of participation. Counseling information shall	866
include without limitation:	867

(1) Program eligibility;

868

(2) The process for granting academic credits;

869

(3) Financial arrangements for tuition, books, materials, and	870
fees;	871

(4) Criteria for any transportation aid;

872

(5) Available support services;

873

(6) Scheduling;

874

(7) The consequences of failing or not completing a course in	875
which the student enrolls and the effect of the grade attained in	876
the course being included in the student's grade point average, if	877
applicable;	878

(8) The effect of program participation on the student's	879
ability to complete the district's or school's graduation	880
requirements;	881

(9) The academic and social responsibilities of students and	882
parents under the program;	883

(10) Information about and encouragement to use the	884
counseling services of the college in which the student intends to	885
enroll.	886

(D) A requirement that the student and the student's parent	887
sign a form, provided by the school district or school, stating	888
that they have received the counseling required by division (C) of	889
this section and that they understand the responsibilities they	890
must assume in the program;	891

(E) The options required by section 3365.04 of the Revised	892
Code;	893

(F) A requirement that a student may not enroll in any	894
specific college course through the program if the student has	895
taken high school courses in the same subject area as that college	896
course and has failed to attain a cumulative grade point average	897
of at least 3.0 on a 4.0 scale, or the equivalent, in such	898
completed high school courses.	899

Sec. 3365.022.  Each regional advisory council of the	900
educational regional service system established under section	901
3312.03 of the Revised Code shall design a strategy for	902
participation in the post-secondary enrollment options program by	903
secondary grade students enrolled in public and nonpublic high	904
schools located in the region so that students eligible for	905
college courses under the program are able to take advantage of	906
the program to the fullest extent possible. To facilitate the	907
sharing of ideas statewide, each regional advisory council shall	908
examine the strategies of other regional advisory councils and	909
shall share its strategy with other regional advisory councils,	910
upon request. However, each regional advisory council is	911
responsible to design a strategy for its region tailored to the	912
needs and resources of schools, students, and colleges in the	913
region.	914

Sec. 3365.03.  (A) Notwithstanding any other provision of	915
law, a student enrolled in a school district, a community school,	916
a STEM school, or a participating nonpublic school may apply to a	917
college to enroll in it during the student's ninth, tenth,	918
eleventh, or twelfth grade school year under this chapter. For	919
purposes of this division, during the period of an expulsion	920
imposed under division (B) of section 3313.66 of the Revised Code	921
or extended under division (F) of that section, a student is	922
ineligible to apply to enroll in a college under this section,	923
unless the student is admitted to another school district or	924
community school, or a participating nonpublic school. If a	925
student is enrolled in a college under this section at the time	926
the student is expelled under division (B) of section 3313.66 of	927
the Revised Code, the student's status for the remainder of the	928
college term in which the expulsion is imposed shall be determined	929
under section 3365.041 of the Revised Code.	930

(B) A college shall not impose more stringent entrance	931
requirements on a secondary grade student seeking to enroll in a	932
college course under this chapter than those imposed on other	933
entering first-year undergraduate students. A college also shall	934
not require a student to complete the entire Ohio core curriculum,	935
as prescribed in division (C) of section 3313.603 of the Revised	936
Code, as a prerequisite to enrollment in a college course under	937
this chapter; however, a college may require completion of a	938
particular secondary grade course included within that curriculum	939
as a prerequisite for a particular college course if the college	940
determines that completion of that secondary grade course is	941
necessary for successful completion of the college course.	942

(C) If a college accepts a student who applies under this	943
section, it shall send written notice to the student, the	944
student's school district, community school, STEM school, or	945
nonpublic school, and the superintendent of public instruction	946
within ten days after acceptance. Within ten days after each	947
enrollment for a term, the college shall also send the student,	948
the student's school district, community school, STEM school, or	949
nonpublic school, and the superintendent of public instruction a	950
written notice indicating the courses and hours of enrollment of	951
the student and the option elected by the student under division	952
(A) or (B) of section 3365.04 of the Revised Code for each course.	953

Sec. 3365.05. (A) High school credit awarded for courses	954
successfully completed under this chapter shall count toward the	955
graduation requirements and subject area requirements of the	956
school district, community school, STEM school, or nonpublic	957
school. If a course comparable to one a student completed at a	958
college is offered by the district or school, the board or school	959
shall award comparable credit for the course completed at the	960
college. If no comparable course is offered by the district or	961
school, the board or school shall grant an appropriate number of	962
credits in a similar subject area to the student.	963

Notwithstanding any provision of the Revised Code or rule of	964
the state board of education to the contrary, a school district,	965
community school, STEM school, or nonpublic school, by examining	966
the course syllabus or instructional materials or both, shall	967
determine the amount of high school credit to award for each	968
college course the student completes under this chapter based on	969
the level of difficulty and depth of and breadth of the course	970
content, rather than on the amount of hours of classroom	971
instruction included in the course.	972

(B) If there is a dispute between a school district board, a	973
community school governing authority, or a STEM school and a	974
student regarding high school credits granted for a course, the	975
student may appeal the decision to the state board of education.	976
The state board's decision regarding any high school credits	977
granted under this section is final.	978

(C) Evidence of successful completion of each course and the	979
high school credits awarded by the district or school shall be	980
included in the student's record. The record shall indicate that	981
the credits were earned as a participant under this chapter and	982
shall include the name of the college at which the credits were	983
earned. The district or school shall determine whether and the	984
manner in whichinclude in the student's record the grade achieved	985
in a course completed at a college under division (A)(2) or (B)	986
of section 3365.04 of the Revised Code will be countedand shall	987
use that grade in computing any cumulative grade point average,	988
weighted grade point average, or class rank maintained for the	989
student.	990

Sec. 3365.07.  (A) The rules adopted under section 3365.02 of	991
the Revised Code shall specify a method for each of the following:	992

(1) Determining, with respect to any participant, the	993
percentage of a full-time educational program constituted by the	994
participant's total educational program. That percentage shall be	995
the participant's full-time equivalency percentage for purposes of	996
the computation required by division (B)(1) of this section.	997

(2) In the case of a participant who is not enrolled in a	998
participating nonpublic school, determining the percentage of a	999
participant's school day during which the participant is	1000
participating in each of the following:	1001

(a) Programs provided by the city, local, or exempted village	1002
school district, a community school, or a STEM school;	1003

(b) Programs provided by a joint vocational school district;

1004

(c) Programs provided by a college under division (B) of	1005
section 3365.04 of the Revised Code.	1006

The sum of divisions (A)(2)(a) to (c) of this section shall equal	1007
one hundred per cent.	1008

(3) In the case of a participant who is not enrolled in a	1009
participating nonpublic school, determining the percentage of a	1010
participant's enrollment that shall be deemed to be enrollment in	1011
a joint vocational school district and the percentage that shall	1012
be deemed to be enrollment in a city, local, or exempted village	1013
school district. The sum of such percentages shall equal one	1014
hundred per cent.	1015

(4) In the case of a participant who is enrolled in a	1016
participating nonpublic school, determining the percentage of a	1017
participant's school day during which the participant is	1018
participating in programs provided by a college under division (B)	1019
of section 3365.04 of the Revised Code.	1020

(B) Each July, the department of education shall pay each	1021
college for any participant enrolled in the college in the prior	1022
school year under division (B) of section 3365.04 of the Revised	1023
Code an amount computed as follows:	1024

(1) Multiply the tuition base by the participant's full-time	1025
equivalency percentage and multiply the resulting amount by a	1026
percentage equal to the percentage of the participant's school day	1027
apportioned to the college under division (A)(2)(c) or (4) of this	1028
section, as applicable.	1029

(2) Pay the college the lesser of:

1030

(a) The amount computed under division (B)(1) of this	1031
section;	1032

(b) The actual costs that would have been the responsibility	1033
of the participant had the participant elected to enroll under	1034
division (A) of section 3365.04 of the Revised Code, as verified	1035
by the department, of tuition, textbooks, materials, and fees	1036
directly related to any courses elected by the participant during	1037
the prior school year under division (B) of section 3365.04 of the	1038
Revised Code.	1039

(C) The department shall not reimburse anya college for any	1040
of the following:	1041

(1) A college course taken by a participant under division	1042
(A) of section 3365.04 of the Revised Code;	1043

(2) A college course taken by a participant that is not	1044
either:	1045

(a) Included in or equivalent to a course included in either	1046
a transfer module or the transfer assurance guide developed by the	1047
Ohio board of regents;	1048

(b) Included in a program leading to certification or	1049
licensure in an occupation or profession;	1050

(3) A college course taken by a participant that is taught by	1051
an instructor who is employed by a school district, including a	1052
joint vocational school district, or by a community school,	1053
educational service center, STEM school, or nonpublic school,	1054
unless the instructor holds at least a master's degree in the	1055
content of instruction.	1056

(D) If the participant was not enrolled in a participating	1057
nonpublic school, the amount paid under division (B) of this	1058
section for each participant shall be subtracted from the school	1059
foundation payments made to the participant's school district or,	1060
if the participant was enrolled in a community school or a STEM	1061
school, from the payments made to the participant's school under	1062
section 3314.08 or 3326.33 of the Revised Code. If the	1063
participant was enrolled in a joint vocational school district, a	1064
portion of the amount shall be subtracted from the payments to	1065
the joint vocational school district and a portion shall be	1066
subtracted from the payments to the participant's city, local, or	1067
exempted village school district. The amount of the payment	1068
subtracted from the city, local, or exempted village school	1069
district shall be computed as follows:	1070

(1) Add the following:

1071

(a) The percentage of the participant's enrollment in the	1072
school district, determined under division (A)(3) of this section;	1073
and	1074

(b) Twenty-five per cent times the percentage of the	1075
participant's enrollment in the joint vocational school district,	1076
determined under division (A)(3) of this section.	1077

(2) Multiply the sum obtained under division (D)(1) of this	1078
section by the amount computed under division (B)(2) of this	1079
section.	1080

The balance of the payment shall be subtracted from the joint	1081
vocational district's school foundation payments.	1082

(E) If the participant was enrolled in a participating	1083
nonpublic school, the amount paid under division (B) of this	1084
section shall be subtracted from moneys set aside by the general	1085
assembly for such purpose from funds appropriated for the purposes	1086
of section 3317.06 of the Revised Code.	1087

Sec. 3365.08.  (A) A college that expects to receive or	1088
receives reimbursement under section 3365.07 of the Revised Code	1089
shall furnish to a participant all textbooks and materials	1090
directly related to a course taken by the participant under	1091
division (B) of section 3365.04 of the Revised Code. The	1092
reimbursement paid to a college under section 3365.07 of the	1093
Revised Code for that course and the corresponding deduction from	1094
a school district's or community school's account or, in the case	1095
of a nonpublic school student, from other state funds set aside	1096
for that purpose shall cover the cost of tuition, textbooks,	1097
materials, and other fees directly related to that course. No	1098
college shall charge such participant for tuition, textbooks,	1099
materials, or other fees directly related to any suchthat course.	1100

(B) No student enrolled under this chapter in a course for	1101
which credit toward high school graduation is awarded shall	1102
receive direct financial aid through any state or federal program.	1103

(C) If a school district provides transportation for resident	1104
school students in grades eleven and twelve under section 3327.01	1105
of the Revised Code, a parent of a pupil enrolled in a course	1106
under division (A)(2) or (B) of section 3365.04 of the Revised	1107
Code may apply to the board of education for full or partial	1108
reimbursement for the necessary costs of transporting the student	1109
between the secondary school the student attends and the college	1110
in which the student is enrolled. Reimbursement may be paid solely	1111
from funds received by the district under division (D) of section	1112
3317.022 of the Revised Code. The state board of education shall	1113
establish guidelines, based on financial need, under which a	1114
district may provide such reimbursement.	1115

(D) If a community school provides or arranges transportation	1116
for its pupils in grades nine through twelve under section	1117
3314.091 of the Revised Code, a parent of a pupil of the community	1118
school who is enrolled in a course under division (A)(2) or (B) of	1119
section 3365.04 of the Revised Code may apply to the governing	1120
authority of the community school for full or partial	1121
reimbursement of the necessary costs of transporting the student	1122
between the community school and the college. The governing	1123
authority may pay the reimbursement in accordance with the state	1124
board's rules adopted under division (C) of this section solely	1125
from funds paid to it under section 3314.091 of the Revised Code.	1126

Sec. 3365.15. Not later than September 1, 2008, the state	1127
board of education and the Ohio board of regents shall develop and	1128
implement a data system that collects, records, and monitors	1129
information regarding students enrolled in the post-secondary	1130
enrollment options program. The data shall include, but not be	1131
limited to, grades and high school and college credits earned by	1132
secondary grade students for post-secondary courses, methods of	1133
instructional delivery in those courses, counseling provided to	1134
students, student satisfaction regarding the program, and	1135
credentials of faculty for post-secondary courses in which	1136
secondary grade students are enrolled. The state board and the	1137
board of regents shall develop the data system so that it complies	1138
with section 3319.321 of the Revised Code and the "Family	1139
Educational Rights and Privacy Act," 20 U.S.C. 1232g.	1140

As used in this section, "Ohio board of regents" means the	1141
board of regents itself and not the chancellor of the board of	1142
regents, as otherwise prescribed under section 3333.031 of the	1143
Revised Code.	1144

Section 2.  That existing sections 3302.01, 3302.021,	1145
3302.03, 3302.031, 3302.04, 3312.04, 3313.6013, 3365.02, 3365.03,	1146
3365.05, 3365.07, and 3365.08 of the Revised Code are hereby	1147
repealed.	1148

Section 3. The Department of Education, not later than	1149
September 1, 2008, shall report written findings to the General	1150
Assembly, in accordance with section 101.68 of the Revised Code,	1151
on access by secondary grade students during college summer	1152
sessions to the Post-Secondary Enrollment Options Program	1153
established under Chapter 3365. of the Revised Code. Each regional	1154
advisory council of the Educational Regional Service System	1155
established under section 3312.03 of the Revised Code shall assist	1156
the Department in developing the report by collecting data for its	1157
respective region and submitting the data to the Department in a	1158
form and by a deadline established by the Department.	1159

At a minimum, the report shall disaggregate by region the	1160
following:	1161

(A) The number of secondary students enrolling in college	1162
courses during college summer sessions under the Program;	1163

(B) The percentage the number reported under division (A) of	1164
this section is of the total number of secondary students	1165
enrolling in college courses under the Program for the current	1166
school year and the percentage that number is of the total number	1167
of secondary students regardless of whether they participate in	1168
the Program;	1169

(C) The number of those students reported under division (A)	1170
of this section who enrolled in a college course at a four-year	1171
college or university under the Program;	1172

(D) The number of those students reported under division (A)	1173
of this section who enrolled in a college course at a two-year	1174
college under the Program;	1175

(E) The number of those students reported under each of	1176
divisions (C) and (D) of this section who enrolled in a college	1177
course either through an Internet- or computer-based delivery	1178
method or through some other distance-learning delivery method.	1179

Section 4. The revisions by this act to the Post-Secondary	1180
Enrollment Options Program established under Chapter 3365. of the	1181
Revised Code shall take effect and shall apply at the earliest	1182
time permitted by law, except as follows:	1183

(A) The statement in section 3365.02 of the Revised Code, as	1184
amended by this act, concerning the purpose of the Program applies	1185
to courses taken beginning in the 2009-2010 school year.	1186

(B) The requirement that a secondary grade student notify the	1187
school district board of education, community school governing	1188
authority, STEM school chief administrative officer, or nonpublic	1189
school administrator by the thirty-first day of May of the	1190
student's intent to participate in the Program, as prescribed in	1191
division (B) of section 3365.02 of the Revised Code, as amended	1192
by this act, shall first apply in 2009. Accordingly, students	1193
intending to enroll in college courses under the Program in the	1194
2009-2010 school year shall notify the appropriate board,	1195
authority, or administrator by May 31, 2009. Students intending	1196
to enroll in post-secondary courses under the Program in the	1197
2008-2009 school year shall remain subject to the requirement to	1198
notify the appropriate board, authority, or administrator by the	1199
thirtieth day of March as prescribed in division (B) of section	1200
3365.02 of the Revised Code, as it existed prior to the effective	1201
date of this act.	1202

(C) The prohibition prescribed in division (C)(2) of section	1203
3365.07 of the Revised Code on reimbursement to a college for a	1204
course taken by a participant under the Program that (1) is not	1205
included in, or is not equivalent to a course included in, either	1206
a transfer module or the Transfer Assurance Guide developed by the	1207
Ohio Board of Regents or (2) is not included in a program leading	1208
to certification or licensure in an occupation or profession first	1209
applies to courses taken during the 2009-2010 school year.	1210

(D) The prohibition prescribed in division (C)(3) of section	1211
3365.07 of the Revised Code on reimbursement to a college for a	1212
course taken by a participant under the Program that is taught by	1213
an instructor who is employed by a school district, including a	1214
joint vocational school district, or by a community school,	1215
educational service center, or nonpublic school, unless the	1216
instructor holds at least a master's degree in the content of	1217
instruction, first applies to courses taken during the 2009-2010	1218
school year.	1219