As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. 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, Driehaus, Garland, Gerberry, Harris, Lundy, Moran, Phillips, Weddington, Evans, Hite, Bacon, Boose, Brown, Carney, Combs, DeBose, Dyer, Goyal, Harwood, Mandel, McClain, Patten, Skindell, Slesnick, Winburn, Zehringer 

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A BILL

To amend sections 3313.603 and 3314.35 of the Revised

1

Code to include Junior ROTC as a permitted

2

elective within the Ohio Core curriculum, to

3

permit schools to excuse Junior ROTC students

4

from high school physical education, to clarify

5

the conditions under which a community school must

6

close for poor academic performance, to extend the

7

deadline for certain school districts to secure

8

voter approval of bonds and tax levies for the

9

districts' shares of state-assisted classroom

10

facilities projects, and to declare an emergency.

11

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

Section 1. That sections 3313.603 and 3314.35 of the Revised	12
Code be amended to read as follows:	13

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

14

(1) "One unit" means a minimum of one hundred twenty hours of	15
course instruction, except that for a laboratory course, "one	16
unit" means a minimum of one hundred fifty hours of course	17
instruction.	18

(2) "One-half unit" means a minimum of sixty hours of course	19
instruction, except that for physical education courses, "one-half	20
unit" means a minimum of one hundred twenty hours of course	21
instruction.	22

(B) Beginning September 15, 2001, except as required in	23
division (C) of this section and division (C) of section 3313.614	24
of the Revised Code, the requirements for graduation from every	25
high school shall include twenty units earned in grades nine	26
through twelve and shall be distributed as follows:	27

(1) English language arts, four units;

28

(2) Health, one-half unit;

29

(3) Mathematics, three units;

30

(4) Physical education, one-half unit;

31

(5) Science, two units until September 15, 2003, and three	32
units thereafter, which at all times shall include both of the	33
following:	34

(a) Biological sciences, one unit;

35

(b) Physical sciences, one unit.

36

(6) Social studies, three units, which shall include both of	37
the following:	38

(a) American history, one-half unit;

39

(b) American government, one-half unit.

40

(7) Elective units, seven units until September 15, 2003, and	41
six units thereafter.	42

Each student's electives shall include at least one unit, or	43
two half units, chosen from among the areas of	44
business/technology, fine arts, and/or foreign language.	45

(C) Beginning with students who enter ninth grade for the	46
first time on or after July 1, 2010, except as provided in	47
divisions (D) to (F) of this section, the requirements for	48
graduation from every public and chartered nonpublic high school	49
shall include twenty units that are designed to prepare students	50
for the workforce and college. The units shall be distributed as	51
follows:	52

(1) English language arts, four units;

53

(2) Health, one-half unit;

54

(3) Mathematics, four units, which shall include one unit of	55
algebra II or the equivalent of algebra II;	56

(4) Physical education, one-half unit;

57

(5) Science, three units with inquiry-based laboratory	58
experience that engages students in asking valid scientific	59
questions and gathering and analyzing information, which shall	60
include the following, or their equivalent:	61

(a) Physical sciences, one unit;

62

(b) Life sciences, one unit;

63

(c) Advanced study in one or more of the following sciences,	64
one unit:	65

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

66

(ii) Advanced biology or other life science;

67

(iii) Astronomy, physical geology, or other earth or space	68
science.	69

(6) Social studies, three units, which shall include both of	70
the following:	71

(a) American history, one-half unit;

72

(b) American government, one-half unit.

73

Each school shall integrate the study of economics and	74
financial literacy, as expressed in the social studies academic	75
content standards adopted by the state board of education under	76
division (A)(1) of section 3301.079 of the Revised Code and the	77
academic content standards for financial literacy and	78
entrepreneurship adopted under division (A)(2) of that section,	79
into one or more existing social studies credits required under	80
division (C)(6) of this section, or into the content of another	81
class, so that every high school student receives instruction in	82
those concepts. In developing the curriculum required by this	83
paragraph, schools shall use available public-private	84
partnerships and resources and materials that exist in business,	85
industry, and through the centers for economics education at	86
institutions of higher education in the state.	87

(7) Five units consisting of one or any combination of	88
foreign language, fine arts, business, career-technical education,	89
family and consumer sciences, technology, agricultural education,	90
a junior reserve officer training corps (JROTC) program approved	91
by the congress of the United States under title 10 of the United	92
States Code, or English language arts, mathematics, science, or	93
social studies courses not otherwise required under division (C)	94
of this section.	95

Ohioans must be prepared to apply increased knowledge and	96
skills in the workplace and to adapt their knowledge and skills	97
quickly to meet the rapidly changing conditions of the	98
twenty-first century. National studies indicate that all high	99
school graduates need the same academic foundation, regardless of	100
the opportunities they pursue after graduation. The goal of Ohio's	101
system of elementary and secondary education is to prepare all	102
students for and seamlessly connect all students to success in	103
life beyond high school graduation, regardless of whether the next	104
step is entering the workforce, beginning an apprenticeship,	105
engaging in post-secondary training, serving in the military, or	106
pursuing a college degree.	107

The Ohio core curriculum is the standard expectation for all	108
students entering ninth grade for the first time at a public or	109
chartered nonpublic high school on or after July 1, 2010. A	110
student may satisfy this expectation through a variety of methods,	111
including, but not limited to, integrated, applied,	112
career-technical, and traditional coursework.	113

Whereas teacher quality is essential for student success in	114
completing the Ohio core curriculum, the general assembly shall	115
appropriate funds for strategic initiatives designed to strengthen	116
schools' capacities to hire and retain highly qualified teachers	117
in the subject areas required by the curriculum. Such initiatives	118
are expected to require an investment of $120,000,000 over five	119
years.	120

Stronger coordination between high schools and institutions	121
of higher education is necessary to prepare students for more	122
challenging academic endeavors and to lessen the need for academic	123
remediation in college, thereby reducing the costs of higher	124
education for Ohio's students, families, and the state. The state	125
board of education and the chancellor of the Ohio board of	126
regents shall develop policies to ensure that only in rare	127
instances will students who complete the Ohio core curriculum	128
require academic remediation after high school.	129

School districts, community schools, and chartered nonpublic	130
schools shall integrate technology into learning experiences	131
whenever practicable across the curriculum in order to maximize	132
efficiency, enhance learning, and prepare students for success in	133
the technology-driven twenty-first century. Districts and schools	134
may use distance and web-based course delivery as a method of	135
providing or augmenting all instruction required under this	136
division, including laboratory experience in science. Districts	137
and schools shall whenever practicable utilize technology access	138
and electronic learning opportunities provided by the eTech Ohio	139
commission, the Ohio learning network, education technology	140
centers, public television stations, and other public and private	141
providers.	142

(D) Except as provided in division (E) of this section, a	143
student who enters ninth grade on or after July 1, 2010, and	144
before July 1, 2014, may qualify for graduation from a public or	145
chartered nonpublic high school even though the student has not	146
completed the Ohio core curriculum prescribed in division (C) of	147
this section if all of the following conditions are satisfied:	148

(1) After the student has attended high school for two years,	149
as determined by the school, the student and the student's parent,	150
guardian, or custodian sign and file with the school a written	151
statement asserting the parent's, guardian's, or custodian's	152
consent to the student's graduating without completing the Ohio	153
core curriculum and acknowledging that one consequence of not	154
completing the Ohio core curriculum is ineligibility to enroll in	155
most state universities in Ohio without further coursework.	156

(2) The student and parent, guardian, or custodian fulfill	157
any procedural requirements the school stipulates to ensure the	158
student's and parent's, guardian's, or custodian's informed	159
consent and to facilitate orderly filing of statements under	160
division (D)(1) of this section.	161

(3) The student and the student's parent, guardian, or	162
custodian and a representative of the student's high school	163
jointly develop an individual career plan for the student that	164
specifies the student matriculating to a two-year degree program,	165
acquiring a business and industry credential, or entering an	166
apprenticeship.	167

(4) The student's high school provides counseling and support	168
for the student related to the plan developed under division	169
(D)(3) of this section during the remainder of the student's high	170
school experience.	171

(5) The student successfully completes, at a minimum, the	172
curriculum prescribed in division (B) of this section.	173

The department of education, in collaboration with the the	174
chancellor of the Ohio board of regents, shall analyze student	175
performance data to determine if there are mitigating factors	176
that warrant extending the exception permitted by division (D)	177
of this section to high school classes beyond those entering	178
ninth grade before July 1, 2014. The department shall submit its	179
findings and any recommendations not later than August 1, 2014,	180
to the speaker and minority leader of the house of	181
representatives, the president and minority leader of the senate,	182
the chairpersons and ranking minority members of the standing	183
committees of the house of representatives and the senate that	184
consider education legislation, the state board of education, and	185
the superintendent of public instruction.	186

(E) Each school district and chartered nonpublic school	187
retains the authority to require an even more rigorous minimum	188
curriculum for high school graduation than specified in division	189
(B) or (C) of this section. A school district board of education,	190
through the adoption of a resolution, or the governing authority	191
of a chartered nonpublic school may stipulate any of the	192
following:	193

(1) A minimum high school curriculum that requires more than	194
twenty units of academic credit to graduate;	195

(2) An exception to the district's or school's minimum high	196
school curriculum that is comparable to the exception provided in	197
division (D) of this section but with additional requirements,	198
which may include a requirement that the student successfully	199
complete more than the minimum curriculum prescribed in division	200
(B) of this section;	201

(3) That no exception comparable to that provided in division	202
(D) of this section is available.	203

(F) A student enrolled in a dropout prevention and recovery	204
program, which program has received a waiver from the department	205
of education, may qualify for graduation from high school by	206
successfully completing a competency-based instructional program	207
administered by the dropout prevention and recovery program in	208
lieu of completing the Ohio core curriculum prescribed in division	209
(C) of this section. The department shall grant a waiver to a	210
dropout prevention and recovery program, within sixty days after	211
the program applies for the waiver, if the program meets all of	212
the following conditions:	213

(1) The program serves only students not younger than sixteen	214
years of age and not older than twenty-one years of age.	215

(2) The program enrolls students who, at the time of their	216
initial enrollment, either, or both, are at least one grade level	217
behind their cohort age groups or experience crises that	218
significantly interfere with their academic progress such that	219
they are prevented from continuing their traditional programs.	220

(3) The program requires students to attain at least the	221
applicable score designated for each of the assessments prescribed	222
under division (B)(1) of section 3301.0710 of the Revised Code	223
or, to the extent prescribed by rule of the state board of	224
education under division (E)(6) of section 3301.0712 of the	225
Revised Code, division (B)(2) of that section.	226

(4) The program develops an individual career plan for the	227
student that specifies the student's matriculating to a two-year	228
degree program, acquiring a business and industry credential, or	229
entering an apprenticeship.	230

(5) The program provides counseling and support for the	231
student related to the plan developed under division (F)(4) of	232
this section during the remainder of the student's high school	233
experience.	234

(6) The program requires the student and the student's	235
parent, guardian, or custodian to sign and file, in accordance	236
with procedural requirements stipulated by the program, a written	237
statement asserting the parent's, guardian's, or custodian's	238
consent to the student's graduating without completing the Ohio	239
core curriculum and acknowledging that one consequence of not	240
completing the Ohio core curriculum is ineligibility to enroll in	241
most state universities in Ohio without further coursework.	242

(7) Prior to receiving the waiver, the program has submitted	243
to the department an instructional plan that demonstrates how the	244
academic content standards adopted by the state board of education	245
under section 3301.079 of the Revised Code will be taught and	246
assessed.	247

If the department does not act either to grant the waiver or	248
to reject the program application for the waiver within sixty days	249
as required under this section, the waiver shall be considered to	250
be granted.	251

(G) Every high school may permit students below the ninth	252
grade to take advanced work. If a high school so permits, it	253
shall award high school credit for successful completion of the	254
advanced work and shall count such advanced work toward the	255
graduation requirements of division (B) or (C) of this section	256
if the advanced work was both:	257

(1) Taught by a person who possesses a license or certificate	258
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	259
Code that is valid for teaching high school;	260

(2) Designated by the board of education of the city, local,	261
or exempted village school district, the board of the cooperative	262
education school district, or the governing authority of the	263
chartered nonpublic school as meeting the high school curriculum	264
requirements.	265

Each high school shall record on the student's high school	266
transcript all high school credit awarded under division (G) of	267
this section. In addition, if the student completed a seventh- or	268
eighth-grade fine arts course described in division (K) of this	269
section and the course qualified for high school credit under that	270
division, the high school shall record that course on the	271
student's high school transcript.	272

(H) The department shall make its individual academic career	273
plan available through its Ohio career information system web site	274
for districts and schools to use as a tool for communicating with	275
and providing guidance to students and families in selecting high	276
school courses.	277

(I) Units earned in English language arts, mathematics,	278
science, and social studies that are delivered through integrated	279
academic and career-technical instruction are eligible to meet the	280
graduation requirements of division (B) or (C) of this section.	281

(J) The state board of education, in consultation with the	282
chancellor of the Ohio board of regents, shall adopt a	283
statewide plan implementing methods for students to earn units	284
of high school credit based on a demonstration of subject area	285
competency, instead of or in combination with completing hours	286
of classroom instruction. The state board shall adopt the plan	287
not later than March 31, 2009, and commence phasing in the plan	288
during the 2009-2010 school year. The plan shall include a	289
standard method for recording demonstrated proficiency on high	290
school transcripts. Each school district, community school, and	291
chartered nonpublic school shall comply with the state board's	292
plan adopted under this division and award units of high school	293
credit in accordance with the plan. The state board may adopt	294
existing methods for earning high school credit based on a	295
demonstration of subject area competency as necessary prior to	296
the 2009-2010 school year.	297

(K) This division does not apply to students who qualify for	298
graduation from high school under division (D) or (F) of this	299
section, or to students pursuing a career-technical instructional	300
track as determined by the school district board of education or	301
the chartered nonpublic school's governing authority.	302
Nevertheless, the general assembly encourages such students to	303
consider enrolling in a fine arts course as an elective.	304

Beginning with students who enter ninth grade for the first	305
time on or after July 1, 2010, each student enrolled in a public	306
or chartered nonpublic high school shall complete two semesters or	307
the equivalent of fine arts to graduate from high school. The	308
coursework may be completed in any of grades seven to twelve. Each	309
student who completes a fine arts course in grade seven or eight	310
may elect to count that course toward the five units of electives	311
required for graduation under division (C)(7) of this section, if	312
the course satisfied the requirements of division (G) of this	313
section. In that case, the high school shall award the student	314
high school credit for the course and count the course toward the	315
five units required under division (C)(7) of this section. If the	316
course in grade seven or eight did not satisfy the requirements of	317
division (G) of this section, the high school shall not award the	318
student high school credit for the course but shall count the	319
course toward the two semesters or the equivalent of fine arts	320
required by this division.	321

(L) Notwithstanding anything to the contrary in this section,	322
the board of education of each school district and the governing	323
authority of each chartered nonpublic school may adopt a policy to	324
excuse from the high school physical education requirement each	325
student who, during high school, has participated in	326
interscholastic athletics, marching band, or cheerleading for at	327
least two full seasons or in the junior reserve officer training	328
corps for at least two full school years. If the board or	329
authority adopts such a policy, the board or authority shall not	330
require the student to complete any physical education course as	331
a condition to graduate. However, the student shall be required	332
to complete one-half unit, consisting of at least sixty hours of	333
instruction, in another course of study. In the case of a student	334
who has participated in the junior reserve officer training corps	335
for at least two full school years, credit received for that	336
participation may be used to satisfy the requirement to complete	337
one-half unit in another course of study.	338

Sec. 3314.35.  (A)(1) Except as provided in division (A)(3)	339
of this section, this section applies to any community school	340
that meets one of the following criteria after July 1, 2008, but	341
before July 1, 2009:	342

(a) The school does not offer a grade level higher than three	343
and has been declared to be in a state of academic emergency under	344
section 3302.03 of the Revised Code for four consecutive school	345
years.	346

(b) The school satisfies all of the following conditions:

347

(i) The school offers any of grade levels four to eight but	348
does not offer a grade level higher than nine.	349

(ii) The school has been declared to be in a state of	350
academic emergency under section 3302.03 of the Revised Code for	351
three consecutive school years.	352

(iii) For two of those school years, the school showed less	353
than one standard year of academic growth in either reading or	354
mathematics, as determined by the department of education in	355
accordance with rules adopted under division (A) of section	356
3302.021 of the Revised Code.	357

(c) The school satisfies all of the following conditions:

358

(i) The school offers any of grade levels ten to twelve.

359

(ii) The school has been declared to be in a state of	360
academic emergency under section 3302.03 of the Revised Code for	361
three consecutive school years.	362

(iii) For two of those school years, the school showed less	363
than two standard years of academic growth in either reading or	364
mathematics, as determined by the department in accordance with	365
rules adopted under division (A) of section 3302.021 of the	366
Revised Code.	367

(2) Except as provided in division (A)(3) of this section,	368
this section applies to any community school that meets one of	369
the following criteria after July 1, 2009:	370

(a) The school does not offer a grade level higher than three	371
and has been declared to be in a state of academic emergency under	372
section 3302.03 of the Revised Code for three of the four most	373
recent school years.	374

(b) The school satisfies all of the following conditions:

375

(i) The school offers any of grade levels four to eight but	376
does not offer a grade level higher than nine.	377

(ii) The school has been declared to be in a state of	378
academic emergency under section 3302.03 of the Revised Code for	379
two of the three most recent school years.	380

(iii) In at least two of the three most recent school years,	381
the school showed less than one standard year of academic growth	382
in either reading or mathematics, as determined by the department	383
in accordance with rules adopted under division (A) of section	384
3302.021 of the Revised Code.	385

(c) The school offers any of grade levels ten to twelve and	386
has been declared to be in a state of academic emergency under	387
section 3302.03 of the Revised Code for three of the four most	388
recent school years.	389

(3) This section does not apply to either of the following:

390

(a) Any community school in which a majority of the students	391
are enrolled in a dropout prevention and recovery program that is	392
operated by the school and that has been granted a waiver under	393
section 3314.36 of the Revised Code;	394

(b) Any community school in which a majority of the enrolled	395
students are children with disabilities receiving special	396
education and related services in accordance with Chapter 3323. of	397
the Revised Code.	398

(B) Any community school to which this section applies shall	399
permanently close at the conclusion of the school year in which	400
the school first becomes subject to this section. The sponsor and	401
governing authority of the school shall comply with all procedures	402
for closing a community school adopted by the department under	403
division (E) of section 3314.015 of the Revised Code. The	404
governing authority of the school shall not enter into a contract	405
with any other sponsor under section 3314.03 of the Revised Code	406
after the school closes.	407

(C) Not later than July 1, 2008, the department shall	408
determine the feasibility of using the value-added progress	409
dimension, as defined in section 3302.01 of the Revised Code, as a	410
factor in evaluating the academic performance of community schools	411
described in division (A)(1)(c)(i) of this section.	412
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	413
if the department determines that using the value-added progress	414
dimension to evaluate community schools described in division	415
(A)(1)(c)(i) of this section is not feasible, a community school	416
described in that division shall be required to permanently close	417
under this section only if it has been declared to be in a state	418
of academic emergency under section 3302.03 of the Revised Code	419
for four consecutive school years.	420

(D) In accordance with division (B) of section 3314.012 of	421
the Revised Code, the department shall not consider the	422
performance ratings assigned to a community school for its first	423
two years of operation when determining whether the school meets	424
the criteria prescribed by division (A)(2) of this section. The	425
department shall reevaluate each community school that the	426
department directed to close at the conclusion of the 2009-2010	427
school year to determine if the school still meets the criteria	428
prescribed by division (A)(2) of this section when the school's	429
performance ratings for its first two years of operation are not	430
considered and, if the school no longer meets those criteria, the	431
department shall not require the school to close at the conclusion	432
of that school year.	433

Section 2. That existing sections 3313.603 and 3314.35 of the	434
Revised Code are hereby repealed.	435

Section 3. (A) This section applies to any school district	436
for which the following conditions are satisfied:	437

(1) The Ohio School Facilities Commission has approved the	438
district to issue qualified school construction bonds under	439
Division B, Title I, Subtitle F, Part III, Section 1521 of the	440
American Recovery and Reinvestment Act of 2009, 26 U.S.C. 54F, in	441
the group of districts designated by the Commission as "Pool B."	442

(2) The district is undertaking a classroom facilities	443
project under sections 3318.01 to 3318.20 of the Revised Code,	444
which project was conditionally approved by the Commission between	445
July 1, 2008, and July 31, 2009.	446

(3) The district requested approval for the issuance of bonds	447
and related tax levies to pay the district's portion of the cost	448
of the project described in division (A)(2) of this section in a	449
question submitted to the district's electors at an election held	450
on November 3, 2009, and the electors disapproved the issuance of	451
those bonds and the related tax levies by a margin of less than	452
three per cent of the total votes cast on that question.	453

(B) Notwithstanding anything to the contrary in section	454
3318.05 of the Revised Code, and notwithstanding Section 385.70 of	455
Am. Sub. H.B. 1 of the 128th General Assembly, for each school	456
district to which this section applies and whose project was	457
conditionally approved in July 2008, the conditional approval of	458
the district's project described in division (A)(2) of this	459
section shall lapse and the amount reserved and encumbered for the	460
project shall be released on June 30, 2010, unless the district	461
electors prior to that date approve the issuance of bonds and the	462
related tax levies to pay the district's portion of the cost of	463
the district's project. The Commission and the Controlling Board	464
shall reapprove that project, if the project lapses under Section	465
385.70 of Am. Sub. H.B. 1 of the 128th General Assembly prior to	466
the effective date of this section, and shall treat that project	467
as if it had not lapsed. Thereafter, the project shall be subject	468
to the lapse provision prescribed in this division.	469

(C) Notwithstanding anything to the contrary in section	470
3318.05 of the Revised Code, for each school district to which	471
this section applies and whose project was conditionally approved	472
between August 1, 2008, and July 31, 2009, the conditional	473
approval of the district's project described in division (A)(2) of	474
this section shall lapse and the amount reserved and encumbered	475
for the project shall be released on December 31, 2010, unless the	476
district electors prior to that date approve the issuance of bonds	477
and the related tax levies to pay the district's portion of the	478
cost of the district's project.	479

(D) If the conditional approval for a district's project	480
under sections 3318.01 to 3318.20 of the Revised Code lapses and	481
the amount reserved and encumbered for the project is released on	482
the applicable date prescribed by this section, after that date,	483
the district shall be given first priority for project funding as	484
such funding becomes available in accordance with section 3318.05	485
of the Revised Code.	486

Section 4. This act is hereby declared to be an emergency	487
measure necessary for the immediate preservation of the public	488
peace, health, and safety. The reason for such necessity is to	489
provide school districts using federally qualified school	490
construction bonds additional time to secure voter approval for	491
state-assisted classroom facilities projects without an	492
intervening lapse of project conditional approval. Therefore, this	493
act shall go into immediate effect.	494