As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 290


Representatives Bubp, Pryor 

Cosponsors: Representatives Adams, J., Adams, R., Balderson, Blair, Burke, Daniels, Derickson, Domenick, Fende, Gardner, Grossman, Hackett, Huffman, Jordan, Lehner, Letson, Luckie, Maag, Martin, McGregor, Mecklenborg, Morgan, Murray, Okey, Pillich, Ruhl, Sears, Snitchler, Stebelton, Uecker, Wagner, Williams, B., Yuko 



A BILL
To amend section 3313.603 of the Revised Code to 1
include Junior ROTC as a permitted elective within 2
the Ohio Core curriculum and to permit schools to 3
excuse Junior ROTC students from high school 4
physical education.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
division (A)(1) of section 3301.079 of the Revised Code and the 71
academic content standards for financial literacy and 72
entrepreneurship adopted under division (A)(2) of that section, 73
into one or more existing social studies credits required under 74
division (C)(6) of this section, or into the content of another 75
class, so that every high school student receives instruction in 76
those concepts. In developing the curriculum required by this 77
paragraph, schools shall use available public-private 78
partnerships and resources and materials that exist in business, 79
industry, and through the centers for economics education at 80
institutions of higher education in the state.81

       (7) Five units consisting of one or any combination of 82
foreign language, fine arts, business, career-technical education, 83
family and consumer sciences, technology, agricultural education, 84
a junior reserve officer training corps (JROTC) program approved 85
by the congress of the United States under title 10 of the United 86
States Code, or English language arts, mathematics, science, or 87
social studies courses not otherwise required under division (C) 88
of this section.89

       Ohioans must be prepared to apply increased knowledge and 90
skills in the workplace and to adapt their knowledge and skills 91
quickly to meet the rapidly changing conditions of the 92
twenty-first century. National studies indicate that all high 93
school graduates need the same academic foundation, regardless of 94
the opportunities they pursue after graduation. The goal of Ohio's 95
system of elementary and secondary education is to prepare all 96
students for and seamlessly connect all students to success in 97
life beyond high school graduation, regardless of whether the next 98
step is entering the workforce, beginning an apprenticeship, 99
engaging in post-secondary training, serving in the military, or 100
pursuing a college degree.101

        The Ohio core curriculum is the standard expectation for all 102
students entering ninth grade for the first time at a public or 103
chartered nonpublic high school on or after July 1, 2010. A 104
student may satisfy this expectation through a variety of methods, 105
including, but not limited to, integrated, applied, 106
career-technical, and traditional coursework.107

       Whereas teacher quality is essential for student success in 108
completing the Ohio core curriculum, the general assembly shall 109
appropriate funds for strategic initiatives designed to strengthen 110
schools' capacities to hire and retain highly qualified teachers 111
in the subject areas required by the curriculum. Such initiatives 112
are expected to require an investment of $120,000,000 over five 113
years.114

       Stronger coordination between high schools and institutions 115
of higher education is necessary to prepare students for more 116
challenging academic endeavors and to lessen the need for academic 117
remediation in college, thereby reducing the costs of higher 118
education for Ohio's students, families, and the state. The state 119
board of education and the chancellor of the Ohio board of 120
regents shall develop policies to ensure that only in rare 121
instances will students who complete the Ohio core curriculum 122
require academic remediation after high school.123

       School districts, community schools, and chartered nonpublic 124
schools shall integrate technology into learning experiences 125
whenever practicable across the curriculum in order to maximize 126
efficiency, enhance learning, and prepare students for success in 127
the technology-driven twenty-first century. Districts and schools 128
may use distance and web-based course delivery as a method of 129
providing or augmenting all instruction required under this 130
division, including laboratory experience in science. Districts 131
and schools shall whenever practicable utilize technology access 132
and electronic learning opportunities provided by the eTech Ohio 133
commission, the Ohio learning network, education technology 134
centers, public television stations, and other public and private 135
providers.136

       (D) Except as provided in division (E) of this section, a 137
student who enters ninth grade on or after July 1, 2010, and 138
before July 1, 2014, may qualify for graduation from a public or 139
chartered nonpublic high school even though the student has not 140
completed the Ohio core curriculum prescribed in division (C) of 141
this section if all of the following conditions are satisfied:142

       (1) After the student has attended high school for two years, 143
as determined by the school, the student and the student's parent, 144
guardian, or custodian sign and file with the school a written 145
statement asserting the parent's, guardian's, or custodian's 146
consent to the student's graduating without completing the Ohio 147
core curriculum and acknowledging that one consequence of not 148
completing the Ohio core curriculum is ineligibility to enroll in 149
most state universities in Ohio without further coursework.150

       (2) The student and parent, guardian, or custodian fulfill 151
any procedural requirements the school stipulates to ensure the 152
student's and parent's, guardian's, or custodian's informed 153
consent and to facilitate orderly filing of statements under 154
division (D)(1) of this section.155

       (3) The student and the student's parent, guardian, or 156
custodian and a representative of the student's high school 157
jointly develop an individual career plan for the student that 158
specifies the student matriculating to a two-year degree program, 159
acquiring a business and industry credential, or entering an 160
apprenticeship.161

       (4) The student's high school provides counseling and support 162
for the student related to the plan developed under division 163
(D)(3) of this section during the remainder of the student's high 164
school experience.165

       (5) The student successfully completes, at a minimum, the 166
curriculum prescribed in division (B) of this section.167

       The department of education, in collaboration with the the168
chancellor of the Ohio board of regents, shall analyze student 169
performance data to determine if there are mitigating factors 170
that warrant extending the exception permitted by division (D) 171
of this section to high school classes beyond those entering 172
ninth grade before July 1, 2014. The department shall submit its 173
findings and any recommendations not later than August 1, 2014, 174
to the speaker and minority leader of the house of 175
representatives, the president and minority leader of the senate, 176
the chairpersons and ranking minority members of the standing 177
committees of the house of representatives and the senate that 178
consider education legislation, the state board of education, and 179
the superintendent of public instruction.180

       (E) Each school district and chartered nonpublic school 181
retains the authority to require an even more rigorous minimum 182
curriculum for high school graduation than specified in division 183
(B) or (C) of this section. A school district board of education, 184
through the adoption of a resolution, or the governing authority 185
of a chartered nonpublic school may stipulate any of the 186
following:187

        (1) A minimum high school curriculum that requires more than 188
twenty units of academic credit to graduate;189

        (2) An exception to the district's or school's minimum high 190
school curriculum that is comparable to the exception provided in 191
division (D) of this section but with additional requirements, 192
which may include a requirement that the student successfully 193
complete more than the minimum curriculum prescribed in division 194
(B) of this section;195

        (3) That no exception comparable to that provided in division 196
(D) of this section is available.197

       (F) A student enrolled in a dropout prevention and recovery 198
program, which program has received a waiver from the department 199
of education, may qualify for graduation from high school by 200
successfully completing a competency-based instructional program 201
administered by the dropout prevention and recovery program in 202
lieu of completing the Ohio core curriculum prescribed in division 203
(C) of this section. The department shall grant a waiver to a 204
dropout prevention and recovery program, within sixty days after 205
the program applies for the waiver, if the program meets all of 206
the following conditions:207

       (1) The program serves only students not younger than sixteen 208
years of age and not older than twenty-one years of age.209

       (2) The program enrolls students who, at the time of their 210
initial enrollment, either, or both, are at least one grade level 211
behind their cohort age groups or experience crises that 212
significantly interfere with their academic progress such that 213
they are prevented from continuing their traditional programs.214

       (3) The program requires students to attain at least the 215
applicable score designated for each of the assessments prescribed 216
under division (B)(1) of section 3301.0710 of the Revised Code 217
or, to the extent prescribed by rule of the state board of 218
education under division (E)(6) of section 3301.0712 of the 219
Revised Code, division (B)(2) of that section.220

       (4) The program develops an individual career plan for the 221
student that specifies the student's matriculating to a two-year 222
degree program, acquiring a business and industry credential, or 223
entering an apprenticeship.224

       (5) The program provides counseling and support for the 225
student related to the plan developed under division (F)(4) of 226
this section during the remainder of the student's high school 227
experience.228

       (6) The program requires the student and the student's 229
parent, guardian, or custodian to sign and file, in accordance 230
with procedural requirements stipulated by the program, a written 231
statement asserting the parent's, guardian's, or custodian's 232
consent to the student's graduating without completing the Ohio 233
core curriculum and acknowledging that one consequence of not 234
completing the Ohio core curriculum is ineligibility to enroll in 235
most state universities in Ohio without further coursework.236

       (7) Prior to receiving the waiver, the program has submitted 237
to the department an instructional plan that demonstrates how the 238
academic content standards adopted by the state board of education 239
under section 3301.079 of the Revised Code will be taught and 240
assessed.241

       If the department does not act either to grant the waiver or 242
to reject the program application for the waiver within sixty days 243
as required under this section, the waiver shall be considered to 244
be granted.245

       (G) Every high school may permit students below the ninth246
grade to take advanced work. If a high school so permits, it 247
shall award high school credit for successful completion of the 248
advanced work and shall count such advanced work toward the249
graduation requirements of division (B) or (C) of this section 250
if the advanced work was both:251

       (1) Taught by a person who possesses a license or certificate 252
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 253
Code that is valid for teaching high school;254

       (2) Designated by the board of education of the city, local,255
or exempted village school district, the board of the cooperative256
education school district, or the governing authority of the257
chartered nonpublic school as meeting the high school curriculum258
requirements.259

        Each high school shall record on the student's high school 260
transcript all high school credit awarded under division (G) of 261
this section. In addition, if the student completed a seventh- or 262
eighth-grade fine arts course described in division (K) of this 263
section and the course qualified for high school credit under that 264
division, the high school shall record that course on the 265
student's high school transcript.266

       (H) The department shall make its individual academic career 267
plan available through its Ohio career information system web site 268
for districts and schools to use as a tool for communicating with 269
and providing guidance to students and families in selecting high 270
school courses.271

        (I) Units earned in English language arts, mathematics,272
science, and social studies that are delivered through integrated273
academic and career-technical instruction are eligible to meet the274
graduation requirements of division (B) or (C) of this section.275

       (J) The state board of education, in consultation with the 276
chancellor of the Ohio board of regents, shall adopt a 277
statewide plan implementing methods for students to earn units 278
of high school credit based on a demonstration of subject area 279
competency, instead of or in combination with completing hours 280
of classroom instruction. The state board shall adopt the plan 281
not later than March 31, 2009, and commence phasing in the plan 282
during the 2009-2010 school year. The plan shall include a 283
standard method for recording demonstrated proficiency on high 284
school transcripts. Each school district, community school, and 285
chartered nonpublic school shall comply with the state board's 286
plan adopted under this division and award units of high school 287
credit in accordance with the plan. The state board may adopt 288
existing methods for earning high school credit based on a 289
demonstration of subject area competency as necessary prior to 290
the 2009-2010 school year.291

       (K) This division does not apply to students who qualify for 292
graduation from high school under division (D) or (F) of this 293
section, or to students pursuing a career-technical instructional 294
track as determined by the school district board of education or 295
the chartered nonpublic school's governing authority. 296
Nevertheless, the general assembly encourages such students to 297
consider enrolling in a fine arts course as an elective.298

       Beginning with students who enter ninth grade for the first 299
time on or after July 1, 2010, each student enrolled in a public 300
or chartered nonpublic high school shall complete two semesters or 301
the equivalent of fine arts to graduate from high school. The 302
coursework may be completed in any of grades seven to twelve. Each 303
student who completes a fine arts course in grade seven or eight 304
may elect to count that course toward the five units of electives 305
required for graduation under division (C)(7) of this section, if 306
the course satisfied the requirements of division (G) of this 307
section. In that case, the high school shall award the student 308
high school credit for the course and count the course toward the 309
five units required under division (C)(7) of this section. If the 310
course in grade seven or eight did not satisfy the requirements of 311
division (G) of this section, the high school shall not award the 312
student high school credit for the course but shall count the 313
course toward the two semesters or the equivalent of fine arts 314
required by this division.315

       (L) Notwithstanding anything to the contrary in this section, 316
the board of education of each school district and the governing 317
authority of each chartered nonpublic school may adopt a policy to 318
excuse from the high school physical education requirement each 319
student who, during high school, has participated in 320
interscholastic athletics, marching band, or cheerleading for at 321
least two full seasons or in the junior reserve officer training 322
corps for at least two full school years. If the board or 323
authority adopts such a policy, the board or authority shall not 324
require the student to complete any physical education course as 325
a condition to graduate. However, the student shall be required 326
to complete one-half unit, consisting of at least sixty hours of 327
instruction, in another course of study. In the case of a student 328
who has participated in the junior reserve officer training corps 329
for at least two full school years, credit received for that 330
participation may be used to satisfy the requirement to complete 331
one-half unit in another course of study.332

       Section 2. That existing section 3313.603 of the Revised Code 333
is hereby repealed.334