As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. Sub. 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 

Senators Cates, Schuring, Fedor, Buehrer, Cafaro, Carey, Coughlin, Gibbs, Gillmor, Grendell, Harris, Hughes, Morano, Niehaus, Patton, Sawyer, Schaffer, Schiavoni, Seitz, Stewart, Strahorn, Turner, Wagoner, Widener, Wilson, Husted, Jones, Miller, R., Faber, Kearney, Goodman, Smith 

---

A BILL

To amend sections 3301.0714, 3306.51, 3306.53,

1

3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and

2

3314.35 and to enact sections 3301.94, 3306.59,

3

and 3333.0410 of the Revised Code to include

4

Junior ROTC as a permitted elective within the

5

Ohio Core curriculum, to permit schools to excuse

6

Junior ROTC students from high school physical

7

education, to clarify the conditions under which a

8

community school must close for poor academic

9

performance, to specify conditions under which

10

certain community schools may obtain new sponsors,

11

to permit the Department of Education and the

12

Chancellor of the Board of Regents to establish a

13

longitudinal student data system, to extend the

14

deadline for certain school districts to secure

15

voter approval of bonds and tax levies for the

16

districts' shares of state-assisted classroom

17

facilities projects, to make performance of the

18

Harmon Commission's duties contingent on the

19

availability of funding, and to declare an

20

emergency.

21

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

Section 1. That sections 3301.0714, 3306.51, 3306.53,	22
3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and 3314.35 be	23
amended and sections 3301.94, 3306.59, and 3333.0410 of the	24
Revised Code be enacted to read as follows:	25

Sec. 3301.0714.  (A) The state board of education shall adopt	26
rules for a statewide education management information system. The	27
rules shall require the state board to establish guidelines for	28
the establishment and maintenance of the system in accordance with	29
this section and the rules adopted under this section. The	30
guidelines shall include:	31

(1) Standards identifying and defining the types of data in	32
the system in accordance with divisions (B) and (C) of this	33
section;	34

(2) Procedures for annually collecting and reporting the data	35
to the state board in accordance with division (D) of this	36
section;	37

(3) Procedures for annually compiling the data in accordance	38
with division (G) of this section;	39

(4) Procedures for annually reporting the data to the public	40
in accordance with division (H) of this section.	41

(B) The guidelines adopted under this section shall require	42
the data maintained in the education management information system	43
to include at least the following:	44

(1) Student participation and performance data, for each	45
grade in each school district as a whole and for each grade in	46
each school building in each school district, that includes:	47

(a) The numbers of students receiving each category of	48
instructional service offered by the school district, such as	49
regular education instruction, vocational education instruction,	50
specialized instruction programs or enrichment instruction that is	51
part of the educational curriculum, instruction for gifted	52
students, instruction for students with disabilities, and remedial	53
instruction. The guidelines shall require instructional services	54
under this division to be divided into discrete categories if an	55
instructional service is limited to a specific subject, a specific	56
type of student, or both, such as regular instructional services	57
in mathematics, remedial reading instructional services,	58
instructional services specifically for students gifted in	59
mathematics or some other subject area, or instructional services	60
for students with a specific type of disability. The categories of	61
instructional services required by the guidelines under this	62
division shall be the same as the categories of instructional	63
services used in determining cost units pursuant to division	64
(C)(3) of this section.	65

(b) The numbers of students receiving support or	66
extracurricular services for each of the support services or	67
extracurricular programs offered by the school district, such as	68
counseling services, health services, and extracurricular sports	69
and fine arts programs. The categories of services required by the	70
guidelines under this division shall be the same as the categories	71
of services used in determining cost units pursuant to division	72
(C)(4)(a) of this section.	73

(c) Average student grades in each subject in grades nine	74
through twelve;	75

(d) Academic achievement levels as assessed under sections	76
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	77

(e) The number of students designated as having a disabling	78
condition pursuant to division (C)(1) of section 3301.0711 of the	79
Revised Code;	80

(f) The numbers of students reported to the state board	81
pursuant to division (C)(2) of section 3301.0711 of the Revised	82
Code;	83

(g) Attendance rates and the average daily attendance for the	84
year. For purposes of this division, a student shall be counted as	85
present for any field trip that is approved by the school	86
administration.	87

(h) Expulsion rates;

88

(i) Suspension rates;

89

(j) Dropout rates;

90

(k) Rates of retention in grade;

91

(l) For pupils in grades nine through twelve, the average	92
number of carnegie units, as calculated in accordance with state	93
board of education rules;	94

(m) Graduation rates, to be calculated in a manner specified	95
by the department of education that reflects the rate at which	96
students who were in the ninth grade three years prior to the	97
current year complete school and that is consistent with	98
nationally accepted reporting requirements;	99

(n) Results of diagnostic assessments administered to	100
kindergarten students as required under section 3301.0715 of the	101
Revised Code to permit a comparison of the academic readiness of	102
kindergarten students. However, no district shall be required to	103
report to the department the results of any diagnostic assessment	104
administered to a kindergarten student if the parent of that	105
student requests the district not to report those results.	106

(2) Personnel and classroom enrollment data for each school	107
district, including:	108

(a) The total numbers of licensed employees and nonlicensed	109
employees and the numbers of full-time equivalent licensed	110
employees and nonlicensed employees providing each category of	111
instructional service, instructional support service, and	112
administrative support service used pursuant to division (C)(3) of	113
this section. The guidelines adopted under this section shall	114
require these categories of data to be maintained for the school	115
district as a whole and, wherever applicable, for each grade in	116
the school district as a whole, for each school building as a	117
whole, and for each grade in each school building.	118

(b) The total number of employees and the number of full-time	119
equivalent employees providing each category of service used	120
pursuant to divisions (C)(4)(a) and (b) of this section, and the	121
total numbers of licensed employees and nonlicensed employees and	122
the numbers of full-time equivalent licensed employees and	123
nonlicensed employees providing each category used pursuant to	124
division (C)(4)(c) of this section. The guidelines adopted under	125
this section shall require these categories of data to be	126
maintained for the school district as a whole and, wherever	127
applicable, for each grade in the school district as a whole, for	128
each school building as a whole, and for each grade in each school	129
building.	130

(c) The total number of regular classroom teachers teaching	131
classes of regular education and the average number of pupils	132
enrolled in each such class, in each of grades kindergarten	133
through five in the district as a whole and in each school	134
building in the school district.	135

(d) The number of lead teachers employed by each school	136
district and each school building.	137

(3)(a) Student demographic data for each school district,	138
including information regarding the gender ratio of the school	139
district's pupils, the racial make-up of the school district's	140
pupils, the number of limited English proficient students in the	141
district, and an appropriate measure of the number of the school	142
district's pupils who reside in economically disadvantaged	143
households. The demographic data shall be collected in a manner to	144
allow correlation with data collected under division (B)(1) of	145
this section. Categories for data collected pursuant to division	146
(B)(3) of this section shall conform, where appropriate, to	147
standard practices of agencies of the federal government.	148

(b) With respect to each student entering kindergarten,	149
whether the student previously participated in a public preschool	150
program, a private preschool program, or a head start program, and	151
the number of years the student participated in each of these	152
programs.	153

(4) Any data required to be collected pursuant to federal	154
law.	155

(C) The education management information system shall include	156
cost accounting data for each district as a whole and for each	157
school building in each school district. The guidelines adopted	158
under this section shall require the cost data for each school	159
district to be maintained in a system of mutually exclusive cost	160
units and shall require all of the costs of each school district	161
to be divided among the cost units. The guidelines shall require	162
the system of mutually exclusive cost units to include at least	163
the following:	164

(1) Administrative costs for the school district as a whole.	165
The guidelines shall require the cost units under this division	166
(C)(1) to be designed so that each of them may be compiled and	167
reported in terms of average expenditure per pupil in formula ADM	168
in the school district, as determined pursuant to section 3317.03	169
of the Revised Code.	170

(2) Administrative costs for each school building in the	171
school district. The guidelines shall require the cost units under	172
this division (C)(2) to be designed so that each of them may be	173
compiled and reported in terms of average expenditure per	174
full-time equivalent pupil receiving instructional or support	175
services in each building.	176

(3) Instructional services costs for each category of	177
instructional service provided directly to students and required	178
by guidelines adopted pursuant to division (B)(1)(a) of this	179
section. The guidelines shall require the cost units under	180
division (C)(3) of this section to be designed so that each of	181
them may be compiled and reported in terms of average expenditure	182
per pupil receiving the service in the school district as a whole	183
and average expenditure per pupil receiving the service in each	184
building in the school district and in terms of a total cost for	185
each category of service and, as a breakdown of the total cost, a	186
cost for each of the following components:	187

(a) The cost of each instructional services category required	188
by guidelines adopted under division (B)(1)(a) of this section	189
that is provided directly to students by a classroom teacher;	190

(b) The cost of the instructional support services, such as	191
services provided by a speech-language pathologist, classroom	192
aide, multimedia aide, or librarian, provided directly to students	193
in conjunction with each instructional services category;	194

(c) The cost of the administrative support services related	195
to each instructional services category, such as the cost of	196
personnel that develop the curriculum for the instructional	197
services category and the cost of personnel supervising or	198
coordinating the delivery of the instructional services category.	199

(4) Support or extracurricular services costs for each	200
category of service directly provided to students and required by	201
guidelines adopted pursuant to division (B)(1)(b) of this section.	202
The guidelines shall require the cost units under division (C)(4)	203
of this section to be designed so that each of them may be	204
compiled and reported in terms of average expenditure per pupil	205
receiving the service in the school district as a whole and	206
average expenditure per pupil receiving the service in each	207
building in the school district and in terms of a total cost for	208
each category of service and, as a breakdown of the total cost, a	209
cost for each of the following components:	210

(a) The cost of each support or extracurricular services	211
category required by guidelines adopted under division (B)(1)(b)	212
of this section that is provided directly to students by a	213
licensed employee, such as services provided by a guidance	214
counselor or any services provided by a licensed employee under a	215
supplemental contract;	216

(b) The cost of each such services category provided directly	217
to students by a nonlicensed employee, such as janitorial	218
services, cafeteria services, or services of a sports trainer;	219

(c) The cost of the administrative services related to each	220
services category in division (C)(4)(a) or (b) of this section,	221
such as the cost of any licensed or nonlicensed employees that	222
develop, supervise, coordinate, or otherwise are involved in	223
administering or aiding the delivery of each services category.	224

(D)(1) The guidelines adopted under this section shall	225
require school districts to collect information about individual	226
students, staff members, or both in connection with any data	227
required by division (B) or (C) of this section or other reporting	228
requirements established in the Revised Code. The guidelines may	229
also require school districts to report information about	230
individual staff members in connection with any data required by	231
division (B) or (C) of this section or other reporting	232
requirements established in the Revised Code. The guidelines shall	233
not authorize school districts to request social security numbers	234
of individual students. The guidelines shall prohibit the	235
reporting under this section of a student's name, address, and	236
social security number to the state board of education or the	237
department of education. The guidelines shall also prohibit the	238
reporting under this section of any personally identifiable	239
information about any student, except for the purpose of assigning	240
the data verification code required by division (D)(2) of this	241
section, to any other person unless such person is employed by the	242
school district or the information technology center operated	243
under section 3301.075 of the Revised Code and is authorized by	244
the district or technology center to have access to such	245
information or is employed by an entity with which the department	246
contracts for the scoring of assessments administered under	247
section 3301.0711 of the Revised Code. The guidelines may require	248
school districts to provide the social security numbers of	249
individual staff members.	250

(2) The guidelines shall provide for each school district or	251
community school to assign a data verification code that is unique	252
on a statewide basis over time to each student whose initial Ohio	253
enrollment is in that district or school and to report all	254
required individual student data for that student utilizing such	255
code. The guidelines shall also provide for assigning data	256
verification codes to all students enrolled in districts or	257
community schools on the effective date of the guidelines	258
established under this section.	259

Individual student data shall be reported to the department	260
through the information technology centers utilizing the code but,	261
except as provided in sections 3310.11, 3310.42, 3313.978, and	262
3317.20 of the Revised Code, at no time shall the state board or	263
the department have access to information that would enable any	264
data verification code to be matched to personally identifiable	265
student data.	266

Each school district shall ensure that the data verification	267
code is included in the student's records reported to any	268
subsequent school district or, community school, or state	269
institution of higher education, as defined in section 3345.011 of	270
the Revised Code, in which the student enrolls. Any such	271
subsequent district or school shall utilize the same identifier in	272
its reporting of data under this section.	273

The director of health shall request and receive, pursuant to	274
sections 3301.0723 and 3701.62 of the Revised Code, a data	275
verification code for a child who is receiving services under	276
division (A)(2) of section 3701.61 of the Revised Code.	277

(E) The guidelines adopted under this section may require	278
school districts to collect and report data, information, or	279
reports other than that described in divisions (A), (B), and (C)	280
of this section for the purpose of complying with other reporting	281
requirements established in the Revised Code. The other data,	282
information, or reports may be maintained in the education	283
management information system but are not required to be compiled	284
as part of the profile formats required under division (G) of this	285
section or the annual statewide report required under division (H)	286
of this section.	287

(F) Beginning with the school year that begins July 1, 1991,	288
the board of education of each school district shall annually	289
collect and report to the state board, in accordance with the	290
guidelines established by the board, the data required pursuant to	291
this section. A school district may collect and report these data	292
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	293

(G) The state board shall, in accordance with the procedures	294
it adopts, annually compile the data reported by each school	295
district pursuant to division (D) of this section. The state board	296
shall design formats for profiling each school district as a whole	297
and each school building within each district and shall compile	298
the data in accordance with these formats. These profile formats	299
shall:	300

(1) Include all of the data gathered under this section in a	301
manner that facilitates comparison among school districts and	302
among school buildings within each school district;	303

(2) Present the data on academic achievement levels as	304
assessed by the testing of student achievement maintained pursuant	305
to division (B)(1)(d) of this section.	306

(H)(1) The state board shall, in accordance with the	307
procedures it adopts, annually prepare a statewide report for all	308
school districts and the general public that includes the profile	309
of each of the school districts developed pursuant to division (G)	310
of this section. Copies of the report shall be sent to each school	311
district.	312

(2) The state board shall, in accordance with the procedures	313
it adopts, annually prepare an individual report for each school	314
district and the general public that includes the profiles of each	315
of the school buildings in that school district developed pursuant	316
to division (G) of this section. Copies of the report shall be	317
sent to the superintendent of the district and to each member of	318
the district board of education.	319

(3) Copies of the reports received from the state board under	320
divisions (H)(1) and (2) of this section shall be made available	321
to the general public at each school district's offices. Each	322
district board of education shall make copies of each report	323
available to any person upon request and payment of a reasonable	324
fee for the cost of reproducing the report. The board shall	325
annually publish in a newspaper of general circulation in the	326
school district, at least twice during the two weeks prior to the	327
week in which the reports will first be available, a notice	328
containing the address where the reports are available and the	329
date on which the reports will be available.	330

(I) Any data that is collected or maintained pursuant to this	331
section and that identifies an individual pupil is not a public	332
record for the purposes of section 149.43 of the Revised Code.	333

(J) As used in this section:

334

(1) "School district" means any city, local, exempted	335
village, or joint vocational school district and, in accordance	336
with section 3314.17 of the Revised Code, any community school. As	337
used in division (L) of this section, "school district" also	338
includes any educational service center or other educational	339
entity required to submit data using the system established under	340
this section.	341

(2) "Cost" means any expenditure for operating expenses made	342
by a school district excluding any expenditures for debt	343
retirement except for payments made to any commercial lending	344
institution for any loan approved pursuant to section 3313.483 of	345
the Revised Code.	346

(K) Any person who removes data from the information system	347
established under this section for the purpose of releasing it to	348
any person not entitled under law to have access to such	349
information is subject to section 2913.42 of the Revised Code	350
prohibiting tampering with data.	351

(L)(1) In accordance with division (L)(2) of this section and	352
the rules adopted under division (L)(10) of this section, the	353
department of education may sanction any school district that	354
reports incomplete or inaccurate data, reports data that does not	355
conform to data requirements and descriptions published by the	356
department, fails to report data in a timely manner, or otherwise	357
does not make a good faith effort to report data as required by	358
this section.	359

(2) If the department decides to sanction a school district	360
under this division, the department shall take the following	361
sequential actions:	362

(a) Notify the district in writing that the department has	363
determined that data has not been reported as required under this	364
section and require the district to review its data submission and	365
submit corrected data by a deadline established by the department.	366
The department also may require the district to develop a	367
corrective action plan, which shall include provisions for the	368
district to provide mandatory staff training on data reporting	369
procedures.	370

(b) Withhold up to ten per cent of the total amount of state	371
funds due to the district for the current fiscal year and, if not	372
previously required under division (L)(2)(a) of this section,	373
require the district to develop a corrective action plan in	374
accordance with that division;	375

(c) Withhold an additional amount of up to twenty per cent of	376
the total amount of state funds due to the district for the	377
current fiscal year;	378

(d) Direct department staff or an outside entity to	379
investigate the district's data reporting practices and make	380
recommendations for subsequent actions. The recommendations may	381
include one or more of the following actions:	382

(i) Arrange for an audit of the district's data reporting	383
practices by department staff or an outside entity;	384

(ii) Conduct a site visit and evaluation of the district;

385

(iii) Withhold an additional amount of up to thirty per cent	386
of the total amount of state funds due to the district for the	387
current fiscal year;	388

(iv) Continue monitoring the district's data reporting;

389

(v) Assign department staff to supervise the district's data	390
management system;	391

(vi) Conduct an investigation to determine whether to suspend	392
or revoke the license of any district employee in accordance with	393
division (N) of this section;	394

(vii) If the district is issued a report card under section	395
3302.03 of the Revised Code, indicate on the report card that the	396
district has been sanctioned for failing to report data as	397
required by this section;	398

(viii) If the district is issued a report card under section	399
3302.03 of the Revised Code and incomplete or inaccurate data	400
submitted by the district likely caused the district to receive a	401
higher performance rating than it deserved under that section,	402
issue a revised report card for the district;	403

(ix) Any other action designed to correct the district's data	404
reporting problems.	405

(3) Any time the department takes an action against a school	406
district under division (L)(2) of this section, the department	407
shall make a report of the circumstances that prompted the action.	408
The department shall send a copy of the report to the district	409
superintendent or chief administrator and maintain a copy of the	410
report in its files.	411

(4) If any action taken under division (L)(2) of this section	412
resolves a school district's data reporting problems to the	413
department's satisfaction, the department shall not take any	414
further actions described by that division. If the department	415
withheld funds from the district under that division, the	416
department may release those funds to the district, except that if	417
the department withheld funding under division (L)(2)(c) of this	418
section, the department shall not release the funds withheld under	419
division (L)(2)(b) of this section and, if the department withheld	420
funding under division (L)(2)(d) of this section, the department	421
shall not release the funds withheld under division (L)(2)(b) or	422
(c) of this section.	423

(5) Notwithstanding anything in this section to the contrary,	424
the department may use its own staff or an outside entity to	425
conduct an audit of a school district's data reporting practices	426
any time the department has reason to believe the district has not	427
made a good faith effort to report data as required by this	428
section. If any audit conducted by an outside entity under	429
division (L)(2)(d)(i) or (5) of this section confirms that a	430
district has not made a good faith effort to report data as	431
required by this section, the district shall reimburse the	432
department for the full cost of the audit. The department may	433
withhold state funds due to the district for this purpose.	434

(6) Prior to issuing a revised report card for a school	435
district under division (L)(2)(d)(viii) of this section, the	436
department may hold a hearing to provide the district with an	437
opportunity to demonstrate that it made a good faith effort to	438
report data as required by this section. The hearing shall be	439
conducted by a referee appointed by the department. Based on the	440
information provided in the hearing, the referee shall recommend	441
whether the department should issue a revised report card for the	442
district. If the referee affirms the department's contention that	443
the district did not make a good faith effort to report data as	444
required by this section, the district shall bear the full cost of	445
conducting the hearing and of issuing any revised report card.	446

(7) If the department determines that any inaccurate data	447
reported under this section caused a school district to receive	448
excess state funds in any fiscal year, the district shall	449
reimburse the department an amount equal to the excess funds, in	450
accordance with a payment schedule determined by the department.	451
The department may withhold state funds due to the district for	452
this purpose.	453

(8) Any school district that has funds withheld under	454
division (L)(2) of this section may appeal the withholding in	455
accordance with Chapter 119. of the Revised Code.	456

(9) In all cases of a disagreement between the department and	457
a school district regarding the appropriateness of an action taken	458
under division (L)(2) of this section, the burden of proof shall	459
be on the district to demonstrate that it made a good faith effort	460
to report data as required by this section.	461

(10) The state board of education shall adopt rules under	462
Chapter 119. of the Revised Code to implement division (L) of this	463
section.	464

(M) No information technology center or school district shall	465
acquire, change, or update its student administration software	466
package to manage and report data required to be reported to the	467
department unless it converts to a student software package that	468
is certified by the department.	469

(N) The state board of education, in accordance with sections	470
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	471
license as defined under division (A) of section 3319.31 of the	472
Revised Code that has been issued to any school district employee	473
found to have willfully reported erroneous, inaccurate, or	474
incomplete data to the education management information system.	475

(O) No person shall release or maintain any information about	476
any student in violation of this section. Whoever violates this	477
division is guilty of a misdemeanor of the fourth degree.	478

(P) The department shall disaggregate the data collected	479
under division (B)(1)(n) of this section according to the race and	480
socioeconomic status of the students assessed. No data collected	481
under that division shall be included on the report cards required	482
by section 3302.03 of the Revised Code.	483

(Q) If the department cannot compile any of the information	484
required by division (C)(5) of section 3302.03 of the Revised Code	485
based upon the data collected under this section, the department	486
shall develop a plan and a reasonable timeline for the collection	487
of any data necessary to comply with that division.	488

Sec. 3301.94. Upon approval of the state board of education,	489
the superintendent of public instruction and the chancellor of the	490
Ohio board of regents may enter into a memorandum of understanding	491
under which the department of education, on behalf of the	492
chancellor, will receive and maintain copies of data records	493
containing student information reported to the chancellor for the	494
purpose of combining those records with the data reported to the	495
education management information system established under section	496
3301.0714 of the Revised Code to establish an education data	497
repository that may be used to conduct longitudinal research and	498
evaluation. The memorandum of understanding shall specify the	499
following:	500

(A) That, prior to establishing the repository, the	501
superintendent and chancellor shall develop a strategic plan for	502
the repository that outlines the goals to be achieved from its	503
implementation and use. A copy of the strategic plan shall be	504
provided to the governor, the president of the senate, and the	505
speaker of the house of representatives.	506

(B) That the chancellor shall submit all student data to be	507
included in the repository to the independent contractor engaged	508
by the department to create and maintain the student data	509
verification codes required by division (D)(2) of section	510
3301.0714 of the Revised Code. For each student included in the	511
data submitted by the chancellor, the independent contractor shall	512
determine whether a data verification code has been assigned to	513
that student. In the case of a student to whom a data verification	514
code has been assigned, the independent contractor shall add the	515
code to the student's data record and remove from the data record	516
any information that would enable the data verification code to be	517
matched to personally identifiable student data. In the case of a	518
student to whom a data verification code has not been assigned,	519
the independent contractor shall assign a data verification code	520
to the student, add the data verification code to the student's	521
data record, and remove from the data record any information that	522
would enable the data verification code to be matched to	523
personally identifiable student data. After making the	524
modifications described in this division, the independent	525
contractor shall transmit the data to the department.	526

(C) That the superintendent and the chancellor jointly shall	527
develop procedures for the maintenance of the data in the	528
repository and shall designate the types of research that may be	529
conducted using that data. Permitted uses of the data shall	530
include, but are not limited to, the following:	531

(1) Assisting the department, superintendent, or state board	532
in performing audit and evaluation functions concerning preschool,	533
elementary, and secondary education as required or authorized by	534
any provision of law, including division (C) of section 3301.07	535
and sections 3301.12, 3301.16, 3301.53, 3301.57, 3301.58, and	536
3302.03 of the Revised Code;	537

(2) Assisting the chancellor in performing audit and	538
evaluation functions concerning higher education as required or	539
authorized by any provision of law, including sections 3333.04,	540
3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161,	541
3333.374, 3333.72, and 3333.82 of the Revised Code.	542

(D) That the superintendent and the chancellor, from time to	543
time, jointly may enter into written agreements with entities for	544
the use of data in the repository to conduct research and analysis	545
designed to evaluate the effectiveness of programs or services, to	546
measure progress against specific strategic planning goals, or for	547
any other purpose permitted by law that the superintendent and	548
chancellor consider necessary for the performance of their duties	549
under the Revised Code. The agreements may permit the disclosure	550
of personally identifiable student information to the entity named	551
in the agreement, provided that disclosure complies with the	552
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	553
20 U.S.C. 1232g, as amended, and regulations promulgated under	554
that act prescribing requirements for such agreements. The	555
superintendent shall notify the state board of each agreement	556
entered into under this division.	557

(E) That the data in the repository submitted by the	558
department shall remain under the direct control of the department	559
and that the data in the repository submitted by the chancellor	560
shall remain under the direct control of the chancellor;	561

(F) That the data in the repository shall be managed in a	562
manner that complies with the "Family Educational Rights and	563
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;	564

(G) That all costs related to the initial establishment and	565
ongoing maintenance of the repository shall be paid from funds	566
received from state incentive grants awarded under division (A),	567
Title XIV, section 14006 of the American Recovery and Reinvestment	568
Act of 2009, other federal grant programs, or existing	569
appropriations of the department or chancellor that are designated	570
for a purpose consistent with this section;	571

(H) That the department annually shall report to the state	572
board and the chancellor all requests for access to or use of the	573
data in the repository and all costs related to the initial	574
establishment and ongoing maintenance of the repository.	575

Sec. 3306.51.  The Harmon commission shall review and approve	576
or disapprove applications from city, exempted village, and local	577
school districts and community schools established under Chapter	578
3314. of the Revised Code for individual classrooms to be	579
designated as creative learning environments. To be eligible for	580
designation of one or more of its classrooms as a creative	581
learning environment, a community school shall enter into a	582
memorandum of understanding, approved by the department of	583
education, with one or more school districts that specifies a	584
collaborative agreement to share programming and resources to	585
promote successful academic achievement for students and academic	586
and fiscal efficiencies.	587

The commission shall designate a classroom as a creative	588
learning environment if the commission determines that the	589
classroom supports and emphasizes innovation in instruction	590
methods and lesson plans and operates in accordance with the	591
guidelines adopted by the state board of education under section	592
3306.52 of the Revised Code. Beginning July 1, 2010, aA district	593
or community school that has a classroom that is designated a	594
creative learning environment may qualify for a grant or subsidy	595
awarded by the commission under section 3306.58 of the Revised	596
Code.	597

Sec. 3306.53. From January 1, 2010, through April 14, 2010,	598
The superintendent of public instruction shall establish an	599
application period during which a city, exempted village, or local	600
school district and a community school may submit to the Harmon	601
commission an unlimited number of applications for first-time	602
designation of individual classrooms as creative learning	603
environments. No applications may be submitted between April 15,	604
2010, and July 1, 2010. After July 1, 2010After that application	605
period, each city, exempted village, or local school district and	606
each eligible community school may submit only one application per	607
fiscal year for first-time designation of one classroom as a	608
creative learning environment.	609

Sec. 3306.54. Not later than the first day of May each year	610
Following the end of the initial application period established	611
under section 3306.53 of the Revised Code, the Harmon commission	612
shall begin meetingmeet to review pending applications for	613
first-time designations submitted under that section 3306.53 of	614
the Revised Code. The commission shall approve or disapprove all	615
pending applications by the first day of Julynot later than two	616
months after the end of the application period. The decision of	617
the commission is final.	618

Sec. 3306.55.  (A) The Harmon commission's first-time	619
designation of a classroom as a creative learning environment is	620
valid for onethe first full fiscal year following approval of the	621
application under section 3306.54 of the Revised Code. A school	622
district or community school may apply to have the designation	623
renewed. The commission shall renew the designation for the next	624
two fiscal years if the school district or community school	625
applies for the renewal and the commission finds that the	626
classroom continues to meet the guidelines adopted under section	627
3306.52 of the Revised Code. The commission shall not renew the	628
designation if the school district or community school does not	629
apply for renewal or if the commission determines that the	630
classroom no longer meets those guidelines.	631

(B) At the end of a two-year renewal granted under division	632
(A) of this section, and every two fiscal years thereafter, the	633
designation of a classroom as a creative learning environment is	634
automatically renewed, without need for application, for the next	635
two fiscal years, unless the designation is revoked under division	636
(C) of this section.	637

(C) If the department of education at any time finds that the	638
classroom is no longer operating in accordance with the standards	639
adopted under section 3306.52 of the Revised Code, the department	640
shall appeal the designation to the commission not later than the	641
fifteenth day of February. The commission shall review the	642
operation of the classroom and either continue the designation or	643
revoke the designation. A revocation shall take effect on the	644
first day of July following the department's appeal.	645

(D) The decision of the commission under divisions (A) to (C)	646
of this section is final.	647

(E) If the commission does not renew a designation of a	648
classroom under division (A) of this section or revokes that	649
designation under division (C) of this section, the district or	650
community school may reapply for designation of the classroom	651
under section 3306.53 of the Revised Code. That application shall	652
be treated as a new application for first-time designation.	653

Sec. 3306.58. Beginning July 1, 2010, toTo the extent the	654
Harmon commission determines that sufficient funds are available,	655
the commission may award grants or stipends to school districts	656
and community schools that have one or more of their classrooms	657
designated as creative learning environments under section 3306.51	658
of the Revised Code. The commission shall adopt procedures for	659
application for and the award of grants or stipends under this	660
section.	661

Sec. 3306.59.  Sections 3306.50 to 3306.58 of the Revised	662
Code shall be implemented unless the general assembly does not	663
appropriate funds to perform the duties prescribed by those	664
sections or the superintendent of public instruction determines	665
that sufficient funds are not available for that purpose.	666

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

667

(1) "One unit" means a minimum of one hundred twenty hours of	668
course instruction, except that for a laboratory course, "one	669
unit" means a minimum of one hundred fifty hours of course	670
instruction.	671

(2) "One-half unit" means a minimum of sixty hours of course	672
instruction, except that for physical education courses, "one-half	673
unit" means a minimum of one hundred twenty hours of course	674
instruction.	675

(B) Beginning September 15, 2001, except as required in	676
division (C) of this section and division (C) of section 3313.614	677
of the Revised Code, the requirements for graduation from every	678
high school shall include twenty units earned in grades nine	679
through twelve and shall be distributed as follows:	680

(1) English language arts, four units;

681

(2) Health, one-half unit;

682

(3) Mathematics, three units;

683

(4) Physical education, one-half unit;

684

(5) Science, two units until September 15, 2003, and three	685
units thereafter, which at all times shall include both of the	686
following:	687

(a) Biological sciences, one unit;

688

(b) Physical sciences, one unit.

689

(6) Social studies, three units, which shall include both of	690
the following:	691

(a) American history, one-half unit;

692

(b) American government, one-half unit.

693

(7) Elective units, seven units until September 15, 2003, and	694
six units thereafter.	695

Each student's electives shall include at least one unit, or	696
two half units, chosen from among the areas of	697
business/technology, fine arts, and/or foreign language.	698

(C) Beginning with students who enter ninth grade for the	699
first time on or after July 1, 2010, except as provided in	700
divisions (D) to (F) of this section, the requirements for	701
graduation from every public and chartered nonpublic high school	702
shall include twenty units that are designed to prepare students	703
for the workforce and college. The units shall be distributed as	704
follows:	705

(1) English language arts, four units;

706

(2) Health, one-half unit;

707

(3) Mathematics, four units, which shall include one unit of	708
algebra II or the equivalent of algebra II;	709

(4) Physical education, one-half unit;

710

(5) Science, three units with inquiry-based laboratory	711
experience that engages students in asking valid scientific	712
questions and gathering and analyzing information, which shall	713
include the following, or their equivalent:	714

(a) Physical sciences, one unit;

715

(b) Life sciences, one unit;

716

(c) Advanced study in one or more of the following sciences,	717
one unit:	718

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

719

(ii) Advanced biology or other life science;

720

(iii) Astronomy, physical geology, or other earth or space	721
science.	722

(6) Social studies, three units, which shall include both of	723
the following:	724

(a) American history, one-half unit;

725

(b) American government, one-half unit.

726

Each school shall integrate the study of economics and	727
financial literacy, as expressed in the social studies academic	728
content standards adopted by the state board of education under	729
division (A)(1) of section 3301.079 of the Revised Code and the	730
academic content standards for financial literacy and	731
entrepreneurship adopted under division (A)(2) of that section,	732
into one or more existing social studies credits required under	733
division (C)(6) of this section, or into the content of another	734
class, so that every high school student receives instruction in	735
those concepts. In developing the curriculum required by this	736
paragraph, schools shall use available public-private partnerships	737
and resources and materials that exist in business, industry, and	738
through the centers for economics education at institutions of	739
higher education in the state.	740

(7) Five units consisting of one or any combination of	741
foreign language, fine arts, business, career-technical education,	742
family and consumer sciences, technology, agricultural education,	743
a junior reserve officer training corps (JROTC) program approved	744
by the congress of the United States under title 10 of the United	745
States Code, or English language arts, mathematics, science, or	746
social studies courses not otherwise required under division (C)	747
of this section.	748

Ohioans must be prepared to apply increased knowledge and	749
skills in the workplace and to adapt their knowledge and skills	750
quickly to meet the rapidly changing conditions of the	751
twenty-first century. National studies indicate that all high	752
school graduates need the same academic foundation, regardless of	753
the opportunities they pursue after graduation. The goal of Ohio's	754
system of elementary and secondary education is to prepare all	755
students for and seamlessly connect all students to success in	756
life beyond high school graduation, regardless of whether the next	757
step is entering the workforce, beginning an apprenticeship,	758
engaging in post-secondary training, serving in the military, or	759
pursuing a college degree.	760

The Ohio core curriculum is the standard expectation for all	761
students entering ninth grade for the first time at a public or	762
chartered nonpublic high school on or after July 1, 2010. A	763
student may satisfy this expectation through a variety of methods,	764
including, but not limited to, integrated, applied,	765
career-technical, and traditional coursework.	766

Whereas teacher quality is essential for student success in	767
completing the Ohio core curriculum, the general assembly shall	768
appropriate funds for strategic initiatives designed to strengthen	769
schools' capacities to hire and retain highly qualified teachers	770
in the subject areas required by the curriculum. Such initiatives	771
are expected to require an investment of $120,000,000 over five	772
years.	773

Stronger coordination between high schools and institutions	774
of higher education is necessary to prepare students for more	775
challenging academic endeavors and to lessen the need for academic	776
remediation in college, thereby reducing the costs of higher	777
education for Ohio's students, families, and the state. The state	778
board of education and the chancellor of the Ohio board of regents	779
shall develop policies to ensure that only in rare instances will	780
students who complete the Ohio core curriculum require academic	781
remediation after high school.	782

School districts, community schools, and chartered nonpublic	783
schools shall integrate technology into learning experiences	784
whenever practicable across the curriculum in order to maximize	785
efficiency, enhance learning, and prepare students for success in	786
the technology-driven twenty-first century. Districts and schools	787
may use distance and web-based course delivery as a method of	788
providing or augmenting all instruction required under this	789
division, including laboratory experience in science. Districts	790
and schools shall whenever practicable utilize technology access	791
and electronic learning opportunities provided by the eTech Ohio	792
commission, the Ohio learning network, education technology	793
centers, public television stations, and other public and private	794
providers.	795

(D) Except as provided in division (E) of this section, a	796
student who enters ninth grade on or after July 1, 2010, and	797
before July 1, 2014, may qualify for graduation from a public or	798
chartered nonpublic high school even though the student has not	799
completed the Ohio core curriculum prescribed in division (C) of	800
this section if all of the following conditions are satisfied:	801

(1) After the student has attended high school for two years,	802
as determined by the school, the student and the student's parent,	803
guardian, or custodian sign and file with the school a written	804
statement asserting the parent's, guardian's, or custodian's	805
consent to the student's graduating without completing the Ohio	806
core curriculum and acknowledging that one consequence of not	807
completing the Ohio core curriculum is ineligibility to enroll in	808
most state universities in Ohio without further coursework.	809

(2) The student and parent, guardian, or custodian fulfill	810
any procedural requirements the school stipulates to ensure the	811
student's and parent's, guardian's, or custodian's informed	812
consent and to facilitate orderly filing of statements under	813
division (D)(1) of this section.	814

(3) The student and the student's parent, guardian, or	815
custodian and a representative of the student's high school	816
jointly develop an individual career plan for the student that	817
specifies the student matriculating to a two-year degree program,	818
acquiring a business and industry credential, or entering an	819
apprenticeship.	820

(4) The student's high school provides counseling and support	821
for the student related to the plan developed under division	822
(D)(3) of this section during the remainder of the student's high	823
school experience.	824

(5) The student successfully completes, at a minimum, the	825
curriculum prescribed in division (B) of this section.	826

The department of education, in collaboration with the the	827
chancellor of the Ohio board of regents, shall analyze student	828
performance data to determine if there are mitigating factors that	829
warrant extending the exception permitted by division (D) of this	830
section to high school classes beyond those entering ninth grade	831
before July 1, 2014. The department shall submit its findings and	832
any recommendations not later than August 1, 2014, to the speaker	833
and minority leader of the house of representatives, the president	834
and minority leader of the senate, the chairpersons and ranking	835
minority members of the standing committees of the house of	836
representatives and the senate that consider education	837
legislation, the state board of education, and the superintendent	838
of public instruction.	839

(E) Each school district and chartered nonpublic school	840
retains the authority to require an even more rigorous minimum	841
curriculum for high school graduation than specified in division	842
(B) or (C) of this section. A school district board of education,	843
through the adoption of a resolution, or the governing authority	844
of a chartered nonpublic school may stipulate any of the	845
following:	846

(1) A minimum high school curriculum that requires more than	847
twenty units of academic credit to graduate;	848

(2) An exception to the district's or school's minimum high	849
school curriculum that is comparable to the exception provided in	850
division (D) of this section but with additional requirements,	851
which may include a requirement that the student successfully	852
complete more than the minimum curriculum prescribed in division	853
(B) of this section;	854

(3) That no exception comparable to that provided in division	855
(D) of this section is available.	856

(F) A student enrolled in a dropout prevention and recovery	857
program, which program has received a waiver from the department	858
of education, may qualify for graduation from high school by	859
successfully completing a competency-based instructional program	860
administered by the dropout prevention and recovery program in	861
lieu of completing the Ohio core curriculum prescribed in division	862
(C) of this section. The department shall grant a waiver to a	863
dropout prevention and recovery program, within sixty days after	864
the program applies for the waiver, if the program meets all of	865
the following conditions:	866

(1) The program serves only students not younger than sixteen	867
years of age and not older than twenty-one years of age.	868

(2) The program enrolls students who, at the time of their	869
initial enrollment, either, or both, are at least one grade level	870
behind their cohort age groups or experience crises that	871
significantly interfere with their academic progress such that	872
they are prevented from continuing their traditional programs.	873

(3) The program requires students to attain at least the	874
applicable score designated for each of the assessments prescribed	875
under division (B)(1) of section 3301.0710 of the Revised Code or,	876
to the extent prescribed by rule of the state board of education	877
under division (E)(6) of section 3301.0712 of the Revised Code,	878
division (B)(2) of that section.	879

(4) The program develops an individual career plan for the	880
student that specifies the student's matriculating to a two-year	881
degree program, acquiring a business and industry credential, or	882
entering an apprenticeship.	883

(5) The program provides counseling and support for the	884
student related to the plan developed under division (F)(4) of	885
this section during the remainder of the student's high school	886
experience.	887

(6) The program requires the student and the student's	888
parent, guardian, or custodian to sign and file, in accordance	889
with procedural requirements stipulated by the program, a written	890
statement asserting the parent's, guardian's, or custodian's	891
consent to the student's graduating without completing the Ohio	892
core curriculum and acknowledging that one consequence of not	893
completing the Ohio core curriculum is ineligibility to enroll in	894
most state universities in Ohio without further coursework.	895

(7) Prior to receiving the waiver, the program has submitted	896
to the department an instructional plan that demonstrates how the	897
academic content standards adopted by the state board of education	898
under section 3301.079 of the Revised Code will be taught and	899
assessed.	900

If the department does not act either to grant the waiver or	901
to reject the program application for the waiver within sixty days	902
as required under this section, the waiver shall be considered to	903
be granted.	904

(G) Every high school may permit students below the ninth	905
grade to take advanced work. If a high school so permits, it shall	906
award high school credit for successful completion of the advanced	907
work and shall count such advanced work toward the graduation	908
requirements of division (B) or (C) of this section if the	909
advanced work was both:	910

(1) Taught by a person who possesses a license or certificate	911
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	912
Code that is valid for teaching high school;	913

(2) Designated by the board of education of the city, local,	914
or exempted village school district, the board of the cooperative	915
education school district, or the governing authority of the	916
chartered nonpublic school as meeting the high school curriculum	917
requirements.	918

Each high school shall record on the student's high school	919
transcript all high school credit awarded under division (G) of	920
this section. In addition, if the student completed a seventh- or	921
eighth-grade fine arts course described in division (K) of this	922
section and the course qualified for high school credit under that	923
division, the high school shall record that course on the	924
student's high school transcript.	925

(H) The department shall make its individual academic career	926
plan available through its Ohio career information system web site	927
for districts and schools to use as a tool for communicating with	928
and providing guidance to students and families in selecting high	929
school courses.	930

(I) Units earned in English language arts, mathematics,	931
science, and social studies that are delivered through integrated	932
academic and career-technical instruction are eligible to meet the	933
graduation requirements of division (B) or (C) of this section.	934

(J) The state board of education, in consultation with the	935
chancellor of the Ohio board of regents, shall adopt a statewide	936
plan implementing methods for students to earn units of high	937
school credit based on a demonstration of subject area competency,	938
instead of or in combination with completing hours of classroom	939
instruction. The state board shall adopt the plan not later than	940
March 31, 2009, and commence phasing in the plan during the	941
2009-2010 school year. The plan shall include a standard method	942
for recording demonstrated proficiency on high school transcripts.	943
Each school district, community school, and chartered nonpublic	944
school shall comply with the state board's plan adopted under this	945
division and award units of high school credit in accordance with	946
the plan. The state board may adopt existing methods for earning	947
high school credit based on a demonstration of subject area	948
competency as necessary prior to the 2009-2010 school year.	949

(K) This division does not apply to students who qualify for	950
graduation from high school under division (D) or (F) of this	951
section, or to students pursuing a career-technical instructional	952
track as determined by the school district board of education or	953
the chartered nonpublic school's governing authority.	954
Nevertheless, the general assembly encourages such students to	955
consider enrolling in a fine arts course as an elective.	956

Beginning with students who enter ninth grade for the first	957
time on or after July 1, 2010, each student enrolled in a public	958
or chartered nonpublic high school shall complete two semesters or	959
the equivalent of fine arts to graduate from high school. The	960
coursework may be completed in any of grades seven to twelve. Each	961
student who completes a fine arts course in grade seven or eight	962
may elect to count that course toward the five units of electives	963
required for graduation under division (C)(7) of this section, if	964
the course satisfied the requirements of division (G) of this	965
section. In that case, the high school shall award the student	966
high school credit for the course and count the course toward the	967
five units required under division (C)(7) of this section. If the	968
course in grade seven or eight did not satisfy the requirements of	969
division (G) of this section, the high school shall not award the	970
student high school credit for the course but shall count the	971
course toward the two semesters or the equivalent of fine arts	972
required by this division.	973

(L) Notwithstanding anything to the contrary in this section,	974
the board of education of each school district and the governing	975
authority of each chartered nonpublic school may adopt a policy to	976
excuse from the high school physical education requirement each	977
student who, during high school, has participated in	978
interscholastic athletics, marching band, or cheerleading for at	979
least two full seasons or in the junior reserve officer training	980
corps for at least two full school years. If the board or	981
authority adopts such a policy, the board or authority shall not	982
require the student to complete any physical education course as a	983
condition to graduate. However, the student shall be required to	984
complete one-half unit, consisting of at least sixty hours of	985
instruction, in another course of study. In the case of a student	986
who has participated in the junior reserve officer training corps	987
for at least two full school years, credit received for that	988
participation may be used to satisfy the requirement to complete	989
one-half unit in another course of study.	990

Sec. 3314.028. (A) Notwithstanding any provision of this	991
chapter to the contrary, beginning in the 2009-2010 school year, a	992
community school that meets the following conditions may operate	993
from the facility in which the school was located in the 2008-2009	994
school year and shall not be required to locate to another school	995
district:	996

(A)(1) The school was located in the facility for at least	997
the three school years prior to the 2009-2010 school year.	998

(B)(2) The school's sponsor is a school district that is	999
adjacent to the school district in which the school is located.	1000

(C)(3) The school's education program emphasizes serving	1001
students identified as gifted under Chapter 3324. of the Revised	1002
Code.	1003

(D)(4) The school has been rated in need of continuous	1004
improvement or higher under section 3302.03 of the Revised Code	1005
for the previous three school years.	1006

(B) Notwithstanding any provision of this chapter to the	1007
contrary, a community school described in division (A) of this	1008
section may operate as a conversion school.	1009

(C) Notwithstanding any provision of this chapter to the	1010
contrary, in accordance with section 3314.03 of the Revised Code,	1011
the governing authority of a community school described in	1012
division (A) of this section may enter into a contract for the	1013
2010-2011 school year and later with a different sponsor that is	1014
one of the following entities, provided the school was rated in	1015
need of continuous improvement or better under section 3302.03 of	1016
the Revised Code for the 2008-2009 school year and the sponsor	1017
described in division (A)(2) of this section approves the change	1018
in sponsorship:	1019

(1) The board of education of a city, exempted village,	1020
local, or joint vocational school district;	1021

(2) The governing board of an educational service center;

1022

(3) A sponsoring authority designated by the board of	1023
trustees of a state university listed in section 3345.011 of the	1024
Revised Code or the board of trustees itself.	1025

Sec. 3314.35.  (A)(1) Except as provided in division (A)(3)	1026
of this section, this section applies to any community school that	1027
meets one of the following criteria after July 1, 2008, but before	1028
July 1, 2009:	1029

(a) The school does not offer a grade level higher than three	1030
and has been declared to be in a state of academic emergency under	1031
section 3302.03 of the Revised Code for four consecutive school	1032
years.	1033

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

1034

(i) The school offers any of grade levels four to eight but	1035
does not offer a grade level higher than nine.	1036

(ii) The school has been declared to be in a state of	1037
academic emergency under section 3302.03 of the Revised Code for	1038
three consecutive school years.	1039

(iii) For two of those school years, the school showed less	1040
than one standard year of academic growth in either reading or	1041
mathematics, as determined by the department of education in	1042
accordance with rules adopted under division (A) of section	1043
3302.021 of the Revised Code.	1044

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

1045

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

1046

(ii) The school has been declared to be in a state of	1047
academic emergency under section 3302.03 of the Revised Code for	1048
three consecutive school years.	1049

(iii) For two of those school years, the school showed less	1050
than two standard years of academic growth in either reading or	1051
mathematics, as determined by the department in accordance with	1052
rules adopted under division (A) of section 3302.021 of the	1053
Revised Code.	1054

(2) Except as provided in division (A)(3) of this section,	1055
this section applies to any community school that meets one of the	1056
following criteria after July 1, 2009:	1057

(a) The school does not offer a grade level higher than three	1058
and has been declared to be in a state of academic emergency under	1059
section 3302.03 of the Revised Code for three of the four most	1060
recent school years.	1061

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

1062

(i) The school offers any of grade levels four to eight but	1063
does not offer a grade level higher than nine.	1064

(ii) The school has been declared to be in a state of	1065
academic emergency under section 3302.03 of the Revised Code for	1066
two of the three most recent school years.	1067

(iii) In at least two of the three most recent school years,	1068
the school showed less than one standard year of academic growth	1069
in either reading or mathematics, as determined by the department	1070
in accordance with rules adopted under division (A) of section	1071
3302.021 of the Revised Code.	1072

(c) The school offers any of grade levels ten to twelve and	1073
has been declared to be in a state of academic emergency under	1074
section 3302.03 of the Revised Code for three of the four most	1075
recent school years.	1076

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

1077

(a) Any community school in which a majority of the students	1078
are enrolled in a dropout prevention and recovery program that is	1079
operated by the school and that has been granted a waiver under	1080
section 3314.36 of the Revised Code;	1081

(b) Any community school in which a majority of the enrolled	1082
students are children with disabilities receiving special	1083
education and related services in accordance with Chapter 3323. of	1084
the Revised Code.	1085

(B) Any community school to which this section applies shall	1086
permanently close at the conclusion of the school year in which	1087
the school first becomes subject to this section. The sponsor and	1088
governing authority of the school shall comply with all procedures	1089
for closing a community school adopted by the department under	1090
division (E) of section 3314.015 of the Revised Code. The	1091
governing authority of the school shall not enter into a contract	1092
with any other sponsor under section 3314.03 of the Revised Code	1093
after the school closes.	1094

(C) Not later than July 1, 2008, the department shall	1095
determine the feasibility of using the value-added progress	1096
dimension, as defined in section 3302.01 of the Revised Code, as a	1097
factor in evaluating the academic performance of community schools	1098
described in division (A)(1)(c)(i) of this section.	1099
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	1100
if the department determines that using the value-added progress	1101
dimension to evaluate community schools described in division	1102
(A)(1)(c)(i) of this section is not feasible, a community school	1103
described in that division shall be required to permanently close	1104
under this section only if it has been declared to be in a state	1105
of academic emergency under section 3302.03 of the Revised Code	1106
for four consecutive school years.	1107

(D) In accordance with division (B) of section 3314.012 of	1108
the Revised Code, the department shall not consider the	1109
performance ratings assigned to a community school for its first	1110
two years of operation when determining whether the school meets	1111
the criteria prescribed by division (A)(2) of this section. The	1112
department shall reevaluate each community school that the	1113
department directed to close at the conclusion of the 2009-2010	1114
school year to determine if the school still meets the criteria	1115
prescribed by division (A)(2) of this section when the school's	1116
performance ratings for its first two years of operation are not	1117
considered and, if the school no longer meets those criteria, the	1118
department shall not require the school to close at the conclusion	1119
of that school year.	1120

Sec. 3333.0410.  The chancellor of the Ohio board of regents	1121
shall require each state institution of higher education, as	1122
defined in section 3345.011 of the Revised Code, when reporting	1123
student data to the chancellor under any provision of law, to use	1124
the student's data verification code assigned under division	1125
(D)(2) of section 3301.0714 of the Revised Code, if that code was	1126
included in the student's records submitted to the institution by	1127
the student's high school or by another state institution of	1128
higher education.	1129

Section 2. That existing sections 3301.0714, 3306.51,	1130
3306.53, 3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and	1131
3314.35 of the Revised Code are hereby repealed.	1132

Section 3. (A) This section applies to any school district	1133
for which the following conditions are satisfied:	1134

(1) In 2009, the Ohio School Facilities Commission allocated	1135
to the district a share of qualified school construction bonds	1136
under Division B, Title I, Subtitle F, Part III, Section 1521 of	1137
the American Recovery and Reinvestment Act of 2009, 26 U.S.C. 54F,	1138
in the group of districts designated by the Commission as "Pool	1139
B."	1140

(2) The district is undertaking a classroom facilities	1141
project under sections 3318.01 to 3318.20 of the Revised Code,	1142
which project was conditionally approved by the Commission between	1143
July 1, 2008, and July 31, 2009.	1144

(3) The district requested approval for the issuance of bonds	1145
and related tax levies to pay the district's portion of the cost	1146
of the project described in division (A)(2) of this section in a	1147
question submitted to the district's electors at an election held	1148
on November 3, 2009, and the electors disapproved the issuance of	1149
those bonds and the related tax levies by a margin of less than	1150
three per cent of the total votes cast on that question.	1151

(B) Notwithstanding anything to the contrary in section	1152
3318.05 of the Revised Code, and notwithstanding Section 385.70 of	1153
Am. Sub. H.B. 1 of the 128th General Assembly, for each school	1154
district to which this section applies and whose project was	1155
conditionally approved in July 2008, the conditional approval of	1156
the district's project described in division (A)(2) of this	1157
section shall lapse and the amount reserved and encumbered for the	1158
project shall be released on June 30, 2010, unless the district	1159
electors prior to that date approve the issuance of bonds and the	1160
related tax levies to pay the district's portion of the cost of	1161
the district's project. If the project lapses under Section 385.70	1162
of Am. Sub. H.B. 1 of the 128th General Assembly prior to the	1163
effective date of this section, the Commission shall treat that	1164
project as if it had not lapsed. Thereafter, the project shall be	1165
subject to the lapse provision prescribed in this division.	1166

(C) Notwithstanding anything to the contrary in section	1167
3318.05 of the Revised Code, for each school district to which	1168
this section applies and whose project was conditionally approved	1169
between August 1, 2008, and July 31, 2009, the conditional	1170
approval of the district's project described in division (A)(2) of	1171
this section shall lapse and the amount reserved and encumbered	1172
for the project shall be released on December 31, 2010, unless the	1173
district electors prior to that date approve the issuance of bonds	1174
and the related tax levies to pay the district's portion of the	1175
cost of the district's project. If the project lapses under	1176
section 3318.05 of the Revised Code prior to the effective date of	1177
this section, the Commission shall treat that project as if it had	1178
not lapsed. Thereafter, the project shall be subject to the lapse	1179
provision prescribed in this division.	1180

(D) If the conditional approval for a district's project	1181
under sections 3318.01 to 3318.20 of the Revised Code lapses and	1182
the amount reserved and encumbered for the project is released on	1183
the applicable date prescribed by this section, after that date,	1184
the district shall be given first priority for project funding as	1185
such funding becomes available in accordance with section 3318.05	1186
of the Revised Code.	1187

Section 4. This act is hereby declared to be an emergency	1188
measure necessary for the immediate preservation of the public	1189
peace, health, and safety. The reason for such necessity is to	1190
provide school districts using federally qualified school	1191
construction bonds additional time to secure voter approval for	1192
state-assisted classroom facilities projects without an	1193
intervening lapse of project conditional approval. Therefore, this	1194
act shall go into immediate effect.	1195