|
|
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 |
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) | 16 |
17 | |
18 | |
19 | |
20 | |
21 | |
22 | |
23 | |
24 | |
25 | |
26 | |
27 | |
28 | |
29 |
| 30 |
31 | |
32 |
| 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 |
| 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 |
| 46 |
academic performance as calculated in accordance with the "No | 47 |
Child Left Behind Act of 2001." | 48 |
| 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 |
| 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) | 185 |
186 |
| 187 |
yearly progress; | 188 |
| 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 | 199 |
least ninety-four per cent of the applicable state performance | 200 |
indicators | 201 |
202 |
(b) It has failed to make adequate yearly progress for not | 203 |
more than two consecutive years and | 204 |
ninety-four per cent of the applicable state performance | 205 |
indicators | 206 |
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 | 210 |
least seventy-five per cent but less than ninety-four per cent of | 211 |
the
applicable
state performance
indicators | 212 |
213 |
(b) It does not make adequate yearly progress and | 214 |
meets at least seventy-five per cent but less than ninety-four per | 215 |
cent of the applicable state
performance indicators | 216 |
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 | 224 |
seventy-five per cent of the applicable state performance | 225 |
indicators | 226 |
227 |
(b) It does not make adequate yearly progress and | 228 |
meets at least fifty per cent but less than seventy-five per cent | 229 |
of the applicable state performance indicators | 230 |
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 |
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 | 239 |
applicable state performance
indicators | 240 |
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 | 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 | 376 |
achievement on the performance indicators established by the state | 377 |
board under section 3302.02 of the Revised Code | 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 | 430 |
been achieved | 431 |
rates of achievement on the performance indicators | 432 |
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 |
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 | 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 | 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 | 762 |
while enrolled in high school | 763 |
764 | |
765 | |
766 | |
767 | |
768 |
| 769 |
770 |
| 771 |
| 772 |
773 | |
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 | 852 |
thirty-first day of
| 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
| 984 |
985 | |
in a course completed at a college under division (A)(2) or (B) | 986 |
of
section 3365.04 of the
Revised Code | 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 | 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 | 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 |