As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 364


Senator Stivers 

Cosponsors: Senators Harris, Spada, Seitz, Padgett, Schaffer, Boccieri, Morano, Schuler, Mumper 

A BILL
To amend section 3313.603 of the Revised Code to 1
permit school districts, STEM schools, and 2
chartered nonpublic schools to excuse Junior ROTC 3
students from the high school physical education 4
requirement.5


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

       Section 1. That section 3313.603 of the Revised Code be 6
amended to read as follows:7

       Sec. 3313.603.  (A) As used in this section:8

       (1) "One unit" means a minimum of one hundred twenty hours of 9
course instruction, except that for a laboratory course, "one10
unit" means a minimum of one hundred fifty hours of course11
instruction.12

       (2) "One-half unit" means a minimum of sixty hours of course13
instruction, except that for physical education courses, "one-half14
unit" means a minimum of one hundred twenty hours of course15
instruction.16

       (B) Beginning September 15, 2001, except as required in17
division (C) of this section and division (C) of section 3313.614 18
of the Revised Code, the requirements for graduation from every 19
high school shall include twenty units earned in grades nine 20
through twelve and shall be distributed as follows:21

       (1) English language arts, four units;22

       (2) Health, one-half unit;23

       (3) Mathematics, three units;24

       (4) Physical education, one-half unit;25

       (5) Science, two units until September 15, 2003, and three26
units thereafter, which at all times shall include both of the27
following:28

       (a) Biological sciences, one unit;29

       (b) Physical sciences, one unit.30

       (6) Social studies, three units, which shall include both of31
the following:32

       (a) American history, one-half unit;33

       (b) American government, one-half unit.34

       (7) Elective units, seven units until September 15, 2003, and35
six units thereafter.36

       Each student's electives shall include at least one unit, or37
two half units, chosen from among the areas of38
business/technology, fine arts, and/or foreign language.39

       (C) Beginning with students who enter ninth grade for the 40
first time on or after July 1, 2010, except as provided in 41
divisions (D) to (F) of this section, the requirements for42
graduation from every public and chartered nonpublic high school 43
shall include twenty units that are designed to prepare students 44
for the workforce and college. The units shall be distributed as 45
follows:46

       (1) English language arts, four units;47

       (2) Health, one-half unit;48

       (3) Mathematics, four units, which shall include one unit of 49
algebra II or the equivalent of algebra II;50

       (4) Physical education, one-half unit;51

       (5) Science, three units with inquiry-based laboratory 52
experience that engages students in asking valid scientific 53
questions and gathering and analyzing information, which shall 54
include the following, or their equivalent:55

       (a) Physical sciences, one unit;56

       (b) Life sciences, one unit;57

       (c) Advanced study in one or more of the following sciences, 58
one unit:59

       (i) Chemistry, physics, or other physical science;60

       (ii) Advanced biology or other life science;61

       (iii) Astronomy, physical geology, or other earth or space 62
science.63

       (6) Social studies, three units, which shall include both of64
the following:65

       (a) American history, one-half unit;66

       (b) American government, one-half unit.67

       Each school shall integrate the study of economics and 68
financial literacy, as expressed in the social studies academic 69
content standards adopted by the state board of education under 70
section 3301.079 of the Revised Code, into one or more existing 71
social studies credits required under division (C)(6) of this 72
section, or into the content of another class, so that every high 73
school student receives instruction in those concepts. In 74
developing the curriculum required by this paragraph, schools 75
shall use available public-private partnerships and resources and 76
materials that exist in business, industry, and through the 77
centers for economics education at institutions of higher 78
education in the state.79

       (7) Five units consisting of one or any combination of 80
foreign language, fine arts, business, career-technical education, 81
family and consumer sciences, technology, agricultural education, 82
or English language arts, mathematics, science, or social studies 83
courses not otherwise required under division (C) of this section.84

       Ohioans must be prepared to apply increased knowledge and 85
skills in the workplace and to adapt their knowledge and skills 86
quickly to meet the rapidly changing conditions of the 87
twenty-first century. National studies indicate that all high 88
school graduates need the same academic foundation, regardless of 89
the opportunities they pursue after graduation. The goal of Ohio's 90
system of elementary and secondary education is to prepare all 91
students for and seamlessly connect all students to success in 92
life beyond high school graduation, regardless of whether the next 93
step is entering the workforce, beginning an apprenticeship, 94
engaging in post-secondary training, serving in the military, or 95
pursuing a college degree.96

        The Ohio core curriculum is the standard expectation for all 97
students entering ninth grade for the first time at a public or 98
chartered nonpublic high school on or after July 1, 2010. A 99
student may satisfy this expectation through a variety of methods, 100
including, but not limited to, integrated, applied, 101
career-technical, and traditional coursework.102

       Whereas teacher quality is essential for student success in 103
completing the Ohio core curriculum, the general assembly shall 104
appropriate funds for strategic initiatives designed to strengthen 105
schools' capacities to hire and retain highly qualified teachers 106
in the subject areas required by the curriculum. Such initiatives 107
are expected to require an investment of $120,000,000 over five 108
years.109

       Stronger coordination between high schools and institutions 110
of higher education is necessary to prepare students for more 111
challenging academic endeavors and to lessen the need for academic 112
remediation in college, thereby reducing the costs of higher 113
education for Ohio's students, families, and the state. The state 114
board of education, the Ohio board of regents, and the partnership 115
for continued learning shall develop policies to ensure that only 116
in rare instances will students who complete the Ohio core 117
curriculum require academic remediation after high school.118

       School districts, community schools, and chartered nonpublic 119
schools shall integrate technology into learning experiences 120
whenever practicable across the curriculum in order to maximize 121
efficiency, enhance learning, and prepare students for success in 122
the technology-driven twenty-first century. Districts and schools 123
may use distance and web-based course delivery as a method of 124
providing or augmenting all instruction required under this 125
division, including laboratory experience in science. Districts 126
and schools shall whenever practicable utilize technology access 127
and electronic learning opportunities provided by the eTech Ohio 128
commission, the Ohio learning network, education technology 129
centers, public television stations, and other public and private 130
providers.131

       (D) Except as provided in division (E) of this section, a 132
student who enters ninth grade on or after July 1, 2010, and 133
before July 1, 2014, may qualify for graduation from a public or 134
chartered nonpublic high school even though the student has not 135
completed the Ohio core curriculum prescribed in division (C) of 136
this section if all of the following conditions are satisfied:137

       (1) After the student has attended high school for two years, 138
as determined by the school, the student and the student's parent, 139
guardian, or custodian sign and file with the school a written 140
statement asserting the parent's, guardian's, or custodian's 141
consent to the student's graduating without completing the Ohio 142
core curriculum and acknowledging that one consequence of not 143
completing the Ohio core curriculum is ineligibility to enroll in 144
most state universities in Ohio without further coursework.145

       (2) The student and parent, guardian, or custodian fulfill 146
any procedural requirements the school stipulates to ensure the 147
student's and parent's, guardian's, or custodian's informed 148
consent and to facilitate orderly filing of statements under 149
division (D)(1) of this section.150

       (3) The student and the student's parent, guardian, or 151
custodian and a representative of the student's high school 152
jointly develop an individual career plan for the student that 153
specifies the student matriculating to a two-year degree program, 154
acquiring a business and industry credential, or entering an 155
apprenticeship.156

       (4) The student's high school provides counseling and support 157
for the student related to the plan developed under division 158
(D)(3) of this section during the remainder of the student's high 159
school experience.160

       (5) The student successfully completes, at a minimum, the 161
curriculum prescribed in division (B) of this section.162

       The partnership for continued learning, in collaboration with 163
the department of education and the Ohio board of regents, shall 164
analyze student performance data to determine if there are 165
mitigating factors that warrant extending the exception permitted 166
by division (D) of this section to high school classes beyond 167
those entering ninth grade before July 1, 2014. The partnership 168
shall submit its findings and any recommendations not later than 169
August 1, 2014, to the speaker and minority leader of the house of 170
representatives, the president and minority leader of the senate, 171
the chairpersons and ranking minority members of the standing 172
committees of the house of representatives and the senate that 173
consider education legislation, the state board of education, and 174
the superintendent of public instruction.175

       (E) Each school district and chartered nonpublic school 176
retains the authority to require an even more rigorous minimum 177
curriculum for high school graduation than specified in division 178
(B) or (C) of this section. A school district board of education, 179
through the adoption of a resolution, or the governing authority 180
of a chartered nonpublic school may stipulate any of the 181
following:182

        (1) A minimum high school curriculum that requires more than 183
twenty units of academic credit to graduate;184

        (2) An exception to the district's or school's minimum high 185
school curriculum that is comparable to the exception provided in 186
division (D) of this section but with additional requirements, 187
which may include a requirement that the student successfully 188
complete more than the minimum curriculum prescribed in division 189
(B) of this section;190

        (3) That no exception comparable to that provided in division 191
(D) of this section is available.192

       (F) A student enrolled in a dropout prevention and recovery 193
program, which program has received a waiver from the department 194
of education, may qualify for graduation from high school by 195
successfully completing a competency-based instructional program 196
administered by the dropout prevention and recovery program in 197
lieu of completing the Ohio core curriculum prescribed in division 198
(C) of this section. The department shall grant a waiver to a 199
dropout prevention and recovery program, within sixty days after 200
the program applies for the waiver, if the program meets all of 201
the following conditions:202

       (1) The program serves only students not younger than sixteen 203
years of age and not older than twenty-one years of age.204

       (2) The program enrolls students who, at the time of their 205
initial enrollment, either, or both, are at least one grade level 206
behind their cohort age groups or experience crises that 207
significantly interfere with their academic progress such that 208
they are prevented from continuing their traditional programs.209

       (3) The program requires students to attain at least the 210
applicable score designated for each of the tests prescribed under 211
division (B) of section 3301.0710 of the Revised Code.212

       (4) The program develops an individual career plan for the 213
student that specifies the student's matriculating to a two-year 214
degree program, acquiring a business and industry credential, or 215
entering an apprenticeship.216

       (5) The program provides counseling and support for the 217
student related to the plan developed under division (F)(4) of 218
this section during the remainder of the student's high school 219
experience.220

       (6) The program requires the student and the student's 221
parent, guardian, or custodian to sign and file, in accordance 222
with procedural requirements stipulated by the program, a written 223
statement asserting the parent's, guardian's, or custodian's 224
consent to the student's graduating without completing the Ohio 225
core curriculum and acknowledging that one consequence of not 226
completing the Ohio core curriculum is ineligibility to enroll in 227
most state universities in Ohio without further coursework.228

       (7) Prior to receiving the waiver, the program has submitted 229
to the department an instructional plan that demonstrates how the 230
academic content standards adopted by the state board of education 231
under section 3301.079 of the Revised Code will be taught and 232
assessed.233

       If the department does not act either to grant the waiver or 234
to reject the program application for the waiver within sixty days 235
as required under this section, the waiver shall be considered to 236
be granted.237

       (G) Every high school may permit students below the ninth238
grade to take advanced work for high school credit. A high school 239
shall count such advanced work toward the graduation requirements 240
of division (B) or (C) of this section if the advanced work was 241
both:242

       (1) Taught by a person who possesses a license or certificate 243
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 244
Code that is valid for teaching high school;245

       (2) Designated by the board of education of the city, local,246
or exempted village school district, the board of the cooperative247
education school district, or the governing authority of the248
chartered nonpublic school as meeting the high school curriculum249
requirements.250

        Each high school shall record on the student's high school 251
transcript all high school credit awarded under division (G) of 252
this section. In addition, if the student completed a seventh- or 253
eighth-grade fine arts course described in division (K) of this 254
section and the course qualified for high school credit under that 255
division, the high school shall record that course on the 256
student's high school transcript.257

       (H) The department shall make its individual academic career 258
plan available through its Ohio career information system web site 259
for districts and schools to use as a tool for communicating with 260
and providing guidance to students and families in selecting high 261
school courses.262

        (I) Units earned in English language arts, mathematics,263
science, and social studies that are delivered through integrated264
academic and career-technical instruction are eligible to meet the265
graduation requirements of division (B) or (C) of this section.266

       (J) The state board of education, in consultation with the 267
Ohio board of regents and the partnership for continued learning, 268
shall adopt a statewide plan implementing methods for students to 269
earn units of high school credit based on a demonstration of 270
subject area competency, instead of or in combination with 271
completing hours of classroom instruction. The state board shall 272
adopt the plan not later than March 31, 2009, and commence phasing 273
in the plan during the 2009-2010 school year. The plan shall 274
include a standard method for recording demonstrated proficiency 275
on high school transcripts. Each school district, community 276
school, and chartered nonpublic school shall comply with the state 277
board's plan adopted under this division and award units of high 278
school credit in accordance with the plan. The state board may 279
adopt existing methods for earning high school credit based on a 280
demonstration of subject area competency as necessary prior to the 281
2009-2010 school year.282

       (K) This division does not apply to students who qualify for 283
graduation from high school under division (D) or (F) of this 284
section, or to students pursuing a career-technical instructional 285
track as determined by the school district board of education or 286
the chartered nonpublic school's governing authority. 287
Nevertheless, the general assembly encourages such students to 288
consider enrolling in a fine arts course as an elective.289

       Beginning with students who enter ninth grade for the first 290
time on or after July 1, 2010, each student enrolled in a public 291
or chartered nonpublic high school shall complete two semesters or 292
the equivalent of fine arts to graduate from high school. The 293
coursework may be completed in any of grades seven to twelve. Each 294
student who completes a fine arts course in grade seven or eight 295
may elect to count that course toward the five units of electives 296
required for graduation under division (C)(7) of this section, if 297
the course satisfied the requirements of division (G) of this 298
section. In that case, the high school shall award the student 299
high school credit for the course and count the course toward the 300
five units required under division (C)(7) of this section. If the 301
course in grade seven or eight did not satisfy the requirements of 302
division (G) of this section, the high school shall not award the 303
student high school credit for the course but shall count the 304
course toward the two semesters or the equivalent of fine arts 305
required by this division.306

       (L) Notwithstanding anything to the contrary in this section, 307
the board of education of each school district and the governing 308
authority of each chartered nonpublic school may adopt a policy to 309
excuse from the high school physical education requirement each 310
student who, during high school, has participated in 311
interscholastic athletics, marching band, or cheerleading for at 312
least two full seasons or in the junior reserve officers' training 313
corps for at least two full school years. If the board or 314
authority adopts such a policy, the board or authority shall not 315
require the student to complete any physical education course as 316
a condition to graduate. However, the student shall be required 317
to complete one-half unit, consisting of at least sixty hours of 318
instruction, in another course of study. In the case of a student 319
who has participated in the junior reserve officers' training 320
corps, credit received for that participation may be used to 321
satisfy the requirement to complete one-half unit in another 322
course of study.323

       Section 2. That existing section 3313.603 of the Revised Code 324
is hereby repealed.325