As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 373

Representatives Carney, Wachtmann 

Cosponsors: Representatives Chandler, Fende, Gardner, Harris, Hite, Hottinger 

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A BILL

To amend sections 3301.079, 3301.0714, 3302.02,

1

3302.03, 3313.603, 3313.813, 3313.814, 3314.03,

2

3314.18, 3326.11, and 3326.13 and to enact

3

sections 3301.91, 3301.92, 3301.921, 3301.922,

4

3313.6016, 3313.674, 3313.816, 3313.817,

5

3319.076, and 3319.227 of the Revised Code to

6

establish nutritional standards for certain

7

foods and beverages sold in public and chartered

8

nonpublic schools; to require public school

9

students to have periodic body mass index

10

measurements; to require daily physical activity

11

for public school students and to make other

12

changes regarding physical education; and to

13

establish the Healthy Choices for Healthy

14

Children Council.

15

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

Section 1. That sections 3301.079, 3301.0714, 3302.02,	16
3302.03, 3313.603, 3313.813, 3313.814, 3314.03, 3314.18,	17
3326.11, and 3326.13 be amended and sections 3301.91, 3301.92,	18
3301.921, 3301.922, 3313.6016, 3313.674, 3313.816, 3313.817,	19
3319.076, and 3319.227 of the Revised Code be enacted to read as	20
follows:	21

Sec. 3301.079.  (A)(1) Not later than June 30, 2010, and at	22
least once every five years thereafter, the state board of	23
education shall adopt statewide academic standards with	24
emphasis on coherence, focus, and rigor for each of grades	25
kindergarten through twelve in English language arts,	26
mathematics, science, and social studies.	27

The standards shall specify the following:

28

(a) The core academic content and skills that students are	29
expected to know and be able to do at each grade level that will	30
allow each student to be prepared for postsecondary instruction	31
and the workplace for success in the twenty-first century;	32

(b) The development of skill sets as they relate to	33
creativity and innovation, critical thinking and problem solving,	34
and communication and collaboration;	35

(c) The development of skill sets that promote information,	36
media, and technological literacy;	37

(d) The development of skill sets that promote personal	38
management, productivity and accountability, and leadership and	39
responsibility;	40

(e) Interdisciplinary, project-based, real-world learning	41
opportunities.	42

(2) After completing the standards required by division	43
(A)(1) of this section, the state board shall adopt standards and	44
model curricula for instruction in computer literacy, financial	45
literacy and entrepreneurship, fine arts, and foreign language	46
for grades kindergarten through twelve. The standards shall meet	47
the same requirements prescribed in divisions (A)(1)(a) to (e) of	48
this section.	49

(3) The state board shall adopt the most recent standards	50
developed by the national association for sport and physical	51
education for physical education in grades kindergarten through	52
twelve or shall adopt its own standards for physical education in	53
those grades and revise and update them periodically. Each school	54
district, community school established under Chapter 3314. of the	55
Revised Code, and STEM school established under Chapter 3326. of	56
the Revised Code shall utilize the standards.	57

The department shall employ a full-time physical education	58
coordinator to provide guidance and technical assistance to	59
districts, community schools, and STEM schools in implementing the	60
physical education standards adopted under this division. The	61
superintendent of public instruction shall determine that the	62
person employed as coordinator is qualified for the position, as	63
demonstrated by possessing an adequate combination of education,	64
license, and experience.	65

(4) When academic standards have been completed for any	66
subject area required by this section, the state board shall	67
inform all school districts, all community schools established	68
under Chapter 3314. of the Revised Code, all STEM schools	69
established under Chapter 3326. of the Revised Code, and all	70
nonpublic schools required to administer the assessments	71
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	72
of the content of those standards.	73

(B) Not later than March 31, 2011, the state board shall	74
adopt a model curriculum for instruction in each subject area for	75
which updated academic standards are required by division (A)(1)	76
of this section and for each of grades kindergarten through twelve	77
that is sufficient to meet the needs of students in every	78
community. The model curriculum shall be aligned with the	79
standards, to ensure that the academic content and skills	80
specified for each grade level are taught to students, and shall	81
demonstrate vertical articulation and emphasize coherence, focus,	82
and rigor. When any model curriculum has been completed, the state	83
board shall inform all school districts, community schools, and	84
STEM schools of the content of that model curriculum.	85

All school districts, community schools, and STEM schools may	86
utilize the state standards and the model curriculum established	87
by the state board, together with other relevant resources,	88
examples, or models to ensure that students have the opportunity	89
to attain the academic standards. Upon request, the department of	90
education shall provide technical assistance to any district,	91
community school, or STEM school in implementing the model	92
curriculum.	93

Nothing in this section requires any school district to	94
utilize all or any part of a model curriculum developed under this	95
division.	96

(C) The state board shall develop achievement assessments	97
aligned with the academic standards and model curriculum for each	98
of the subject areas and grade levels required by divisions	99
(A)(1) and (B)(1) of section 3301.0710 of the Revised Code.	100

When any achievement assessment has been completed, the	101
state board shall inform all school districts, community schools,	102
STEM schools, and nonpublic schools required to administer the	103
assessment of its completion, and the department of education	104
shall make the achievement assessment available to the districts	105
and schools.	106

(D)(1) The state board shall adopt a diagnostic assessment	107
aligned with the academic standards and model curriculum for each	108
of grades kindergarten through two in English language arts and	109
mathematics and for grade three in English language arts. The	110
diagnostic assessment shall be designed to measure student	111
comprehension of academic content and mastery of related skills	112
for the relevant subject area and grade level. Any diagnostic	113
assessment shall not include components to identify gifted	114
students. Blank copies of diagnostic assessments shall be	115
public records.	116

(2) When each diagnostic assessment has been completed, the	117
state board shall inform all school districts of its completion	118
and the department of education shall make the diagnostic	119
assessment available to the districts at no cost to the district.	120
School districts shall administer the diagnostic assessment	121
pursuant to section 3301.0715 of the Revised Code beginning the	122
first school year following the development of the assessment.	123

(E) The state board shall not adopt a diagnostic or	124
achievement assessment for any grade level or subject area other	125
than those specified in this section.	126

(F) Whenever the state board or the department of education	127
consults with persons for the purpose of drafting or reviewing any	128
standards, diagnostic assessments, achievement assessments, or	129
model curriculum required under this section, the state board or	130
the department shall first consult with parents of students in	131
kindergarten through twelfth grade and with active Ohio classroom	132
teachers, other school personnel, and administrators with	133
expertise in the appropriate subject area. Whenever practicable,	134
the state board and department shall consult with teachers	135
recognized as outstanding in their fields.	136

If the department contracts with more than one outside entity	137
for the development of the achievement assessments required by	138
this section, the department shall ensure the interchangeability	139
of those assessments.	140

(G) The fairness sensitivity review committee, established by	141
rule of the state board of education, shall not allow any question	142
on any achievement or diagnostic assessment developed under this	143
section or any proficiency test prescribed by former section	144
3301.0710 of the Revised Code, as it existed prior to September	145
11, 2001, to include, be written to promote, or inquire as to	146
individual moral or social values or beliefs. The decision of the	147
committee shall be final. This section does not create a private	148
cause of action.	149

(H) Not later than forty-five days prior to the initial	150
deadline established under division (A)(1) of this section and the	151
deadline established under division (B) of this section, the	152
superintendent of public instruction shall present the academic	153
standards or model curricula, as applicable, to the respective	154
committees of the house of representatives and senate that	155
consider education legislation.	156

(I) As used in this section:

157

(1) "Coherence" means a reflection of the structure of the	158
discipline being taught.	159

(2) "Focus" means limiting the number of items included in a	160
curriculum to allow for deeper exploration of the subject matter.	161

(3) "Rigor" means more challenging and demanding when	162
compared to international standards.	163

(4) "Vertical articulation" means key academic concepts and	164
skills associated with mastery in particular content areas should	165
be articulated and reinforced in a developmentally appropriate	166
manner at each grade level so that over time students acquire a	167
depth of knowledge and understanding in the core academic	168
disciplines.	169

Sec. 3301.0714.  (A) The state board of education shall adopt	170
rules for a statewide education management information system. The	171
rules shall require the state board to establish guidelines for	172
the establishment and maintenance of the system in accordance with	173
this section and the rules adopted under this section. The	174
guidelines shall include:	175

(1) Standards identifying and defining the types of data in	176
the system in accordance with divisions (B) and (C) of this	177
section;	178

(2) Procedures for annually collecting and reporting the data	179
to the state board in accordance with division (D) of this	180
section;	181

(3) Procedures for annually compiling the data in accordance	182
with division (G) of this section;	183

(4) Procedures for annually reporting the data to the public	184
in accordance with division (H) of this section.	185

(B) The guidelines adopted under this section shall require	186
the data maintained in the education management information system	187
to include at least the following:	188

(1) Student participation and performance data, for each	189
grade in each school district as a whole and for each grade in	190
each school building in each school district, that includes:	191

(a) The numbers of students receiving each category of	192
instructional service offered by the school district, such as	193
regular education instruction, vocational education instruction,	194
specialized instruction programs or enrichment instruction that is	195
part of the educational curriculum, instruction for gifted	196
students, instruction for students with disabilities, and	197
remedial instruction. The guidelines shall require instructional	198
services under this division to be divided into discrete	199
categories if an instructional service is limited to a specific	200
subject, a specific type of student, or both, such as regular	201
instructional services in mathematics, remedial reading	202
instructional services, instructional services specifically for	203
students gifted in mathematics or some other subject area, or	204
instructional services for students with a specific type of	205
disability. The categories of instructional services required by	206
the guidelines under this division shall be the same as the	207
categories of instructional services used in determining cost	208
units pursuant to division (C)(3) of this section.	209

(b) The numbers of students receiving support or	210
extracurricular services for each of the support services or	211
extracurricular programs offered by the school district, such as	212
counseling services, health services, and extracurricular sports	213
and fine arts programs. The categories of services required by the	214
guidelines under this division shall be the same as the categories	215
of services used in determining cost units pursuant to division	216
(C)(4)(a) of this section.	217

(c) Average student grades in each subject in grades nine	218
through twelve;	219

(d) Academic achievement levels as assessed under sections	220
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	221

(e) The number of students designated as having a disabling	222
condition pursuant to division (C)(1) of section 3301.0711 of the	223
Revised Code;	224

(f) The numbers of students reported to the state board	225
pursuant to division (C)(2) of section 3301.0711 of the Revised	226
Code;	227

(g) Attendance rates and the average daily attendance for the	228
year. For purposes of this division, a student shall be counted as	229
present for any field trip that is approved by the school	230
administration.	231

(h) Expulsion rates;

232

(i) Suspension rates;

233

(j) Dropout rates;

234

(k) Rates of retention in grade;

235

(l) For pupils in grades nine through twelve, the average	236
number of carnegie units, as calculated in accordance with state	237
board of education rules;	238

(m) Graduation rates, to be calculated in a manner specified	239
by the department of education that reflects the rate at which	240
students who were in the ninth grade three years prior to the	241
current year complete school and that is consistent with	242
nationally accepted reporting requirements;	243

(n) Results of diagnostic assessments administered to	244
kindergarten students as required under section 3301.0715 of the	245
Revised Code to permit a comparison of the academic readiness of	246
kindergarten students. However, no district shall be required to	247
report to the department the results of any diagnostic assessment	248
administered to a kindergarten student if the parent of that	249
student requests the district not to report those results.	250

(o) Aggregate results of student screenings for body mass	251
index and weight status category required under section 3313.674	252
of the Revised Code.	253

(2) Personnel and classroom enrollment data for each school	254
district, including:	255

(a) The total numbers of licensed employees and nonlicensed	256
employees and the numbers of full-time equivalent licensed	257
employees and nonlicensed employees providing each category of	258
instructional service, instructional support service, and	259
administrative support service used pursuant to division (C)(3) of	260
this section. The guidelines adopted under this section shall	261
require these categories of data to be maintained for the school	262
district as a whole and, wherever applicable, for each grade in	263
the school district as a whole, for each school building as a	264
whole, and for each grade in each school building.	265

(b) The total number of employees and the number of full-time	266
equivalent employees providing each category of service used	267
pursuant to divisions (C)(4)(a) and (b) of this section, and the	268
total numbers of licensed employees and nonlicensed employees and	269
the numbers of full-time equivalent licensed employees and	270
nonlicensed employees providing each category used pursuant to	271
division (C)(4)(c) of this section. The guidelines adopted under	272
this section shall require these categories of data to be	273
maintained for the school district as a whole and, wherever	274
applicable, for each grade in the school district as a whole, for	275
each school building as a whole, and for each grade in each school	276
building.	277

(c) The total number of regular classroom teachers teaching	278
classes of regular education and the average number of pupils	279
enrolled in each such class, in each of grades kindergarten	280
through five in the district as a whole and in each school	281
building in the school district.	282

(d) The number of lead teachers employed by each school	283
district and each school building.	284

(3)(a) Student demographic data for each school district,	285
including information regarding the gender ratio of the school	286
district's pupils, the racial make-up of the school district's	287
pupils, the number of limited English proficient students in the	288
district, and an appropriate measure of the number of the school	289
district's pupils who reside in economically disadvantaged	290
households. The demographic data shall be collected in a manner to	291
allow correlation with data collected under division (B)(1) of	292
this section. Categories for data collected pursuant to division	293
(B)(3) of this section shall conform, where appropriate, to	294
standard practices of agencies of the federal government.	295

(b) With respect to each student entering kindergarten,	296
whether the student previously participated in a public preschool	297
program, a private preschool program, or a head start program, and	298
the number of years the student participated in each of these	299
programs.	300

(4) Any data required to be collected pursuant to federal	301
law.	302

(C) The education management information system shall include	303
cost accounting data for each district as a whole and for each	304
school building in each school district. The guidelines adopted	305
under this section shall require the cost data for each school	306
district to be maintained in a system of mutually exclusive cost	307
units and shall require all of the costs of each school district	308
to be divided among the cost units. The guidelines shall require	309
the system of mutually exclusive cost units to include at least	310
the following:	311

(1) Administrative costs for the school district as a whole.	312
The guidelines shall require the cost units under this division	313
(C)(1) to be designed so that each of them may be compiled and	314
reported in terms of average expenditure per pupil in formula ADM	315
in the school district, as determined pursuant to section 3317.03	316
of the Revised Code.	317

(2) Administrative costs for each school building in the	318
school district. The guidelines shall require the cost units under	319
this division (C)(2) to be designed so that each of them may be	320
compiled and reported in terms of average expenditure per	321
full-time equivalent pupil receiving instructional or support	322
services in each building.	323

(3) Instructional services costs for each category of	324
instructional service provided directly to students and required	325
by guidelines adopted pursuant to division (B)(1)(a) of this	326
section. The guidelines shall require the cost units under	327
division (C)(3) of this section to be designed so that each of	328
them may be compiled and reported in terms of average expenditure	329
per pupil receiving the service in the school district as a whole	330
and average expenditure per pupil receiving the service in each	331
building in the school district and in terms of a total cost for	332
each category of service and, as a breakdown of the total cost, a	333
cost for each of the following components:	334

(a) The cost of each instructional services category required	335
by guidelines adopted under division (B)(1)(a) of this section	336
that is provided directly to students by a classroom teacher;	337

(b) The cost of the instructional support services, such as	338
services provided by a speech-language pathologist, classroom	339
aide, multimedia aide, or librarian, provided directly to students	340
in conjunction with each instructional services category;	341

(c) The cost of the administrative support services related	342
to each instructional services category, such as the cost of	343
personnel that develop the curriculum for the instructional	344
services category and the cost of personnel supervising or	345
coordinating the delivery of the instructional services category.	346

(4) Support or extracurricular services costs for each	347
category of service directly provided to students and required by	348
guidelines adopted pursuant to division (B)(1)(b) of this section.	349
The guidelines shall require the cost units under division (C)(4)	350
of this section to be designed so that each of them may be	351
compiled and reported in terms of average expenditure per pupil	352
receiving the service in the school district as a whole and	353
average expenditure per pupil receiving the service in each	354
building in the school district and in terms of a total cost for	355
each category of service and, as a breakdown of the total cost, a	356
cost for each of the following components:	357

(a) The cost of each support or extracurricular services	358
category required by guidelines adopted under division (B)(1)(b)	359
of this section that is provided directly to students by a	360
licensed employee, such as services provided by a guidance	361
counselor or any services provided by a licensed employee under a	362
supplemental contract;	363

(b) The cost of each such services category provided directly	364
to students by a nonlicensed employee, such as janitorial	365
services, cafeteria services, or services of a sports trainer;	366

(c) The cost of the administrative services related to each	367
services category in division (C)(4)(a) or (b) of this section,	368
such as the cost of any licensed or nonlicensed employees that	369
develop, supervise, coordinate, or otherwise are involved in	370
administering or aiding the delivery of each services category.	371

(D)(1) The guidelines adopted under this section shall	372
require school districts to collect information about individual	373
students, staff members, or both in connection with any data	374
required by division (B) or (C) of this section or other reporting	375
requirements established in the Revised Code. The guidelines may	376
also require school districts to report information about	377
individual staff members in connection with any data required by	378
division (B) or (C) of this section or other reporting	379
requirements established in the Revised Code. The guidelines shall	380
not authorize school districts to request social security numbers	381
of individual students. The guidelines shall prohibit the	382
reporting under this section of a student's name, address, and	383
social security number to the state board of education or the	384
department of education. The guidelines shall also prohibit the	385
reporting under this section of any personally identifiable	386
information about any student, except for the purpose of assigning	387
the data verification code required by division (D)(2) of this	388
section, to any other person unless such person is employed by the	389
school district or the information technology center operated	390
under section 3301.075 of the Revised Code and is authorized by	391
the district or technology center to have access to such	392
information or is employed by an entity with which the department	393
contracts for the scoring of assessments administered under	394
section 3301.0711 of the Revised Code. The guidelines may require	395
school districts to provide the social security numbers of	396
individual staff members.	397

(2) The guidelines shall provide for each school district or	398
community school to assign a data verification code that is unique	399
on a statewide basis over time to each student whose initial Ohio	400
enrollment is in that district or school and to report all	401
required individual student data for that student utilizing such	402
code. The guidelines shall also provide for assigning data	403
verification codes to all students enrolled in districts or	404
community schools on the effective date of the guidelines	405
established under this section.	406

Individual student data shall be reported to the department	407
through the information technology centers utilizing the code but,	408
except as provided in sections 3310.11, 3310.42, 3313.978, and	409
3317.20 of the Revised Code, at no time shall the state board or	410
the department have access to information that would enable any	411
data verification code to be matched to personally identifiable	412
student data.	413

Each school district shall ensure that the data verification	414
code is included in the student's records reported to any	415
subsequent school district or community school in which the	416
student enrolls. Any such subsequent district or school shall	417
utilize the same identifier in its reporting of data under this	418
section.	419

The director of health shall request and receive, pursuant to	420
sections 3301.0723 and 3701.62 of the Revised Code, a data	421
verification code for a child who is receiving services under	422
division (A)(2) of section 3701.61 of the Revised Code.	423

(E) The guidelines adopted under this section may require	424
school districts to collect and report data, information, or	425
reports other than that described in divisions (A), (B), and (C)	426
of this section for the purpose of complying with other reporting	427
requirements established in the Revised Code. The other data,	428
information, or reports may be maintained in the education	429
management information system but are not required to be compiled	430
as part of the profile formats required under division (G) of this	431
section or the annual statewide report required under division (H)	432
of this section.	433

(F) Beginning with the school year that begins July 1, 1991,	434
the board of education of each school district shall annually	435
collect and report to the state board, in accordance with the	436
guidelines established by the board, the data required pursuant to	437
this section. A school district may collect and report these data	438
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	439

(G) The state board shall, in accordance with the procedures	440
it adopts, annually compile the data reported by each school	441
district pursuant to division (D) of this section. The state board	442
shall design formats for profiling each school district as a whole	443
and each school building within each district and shall compile	444
the data in accordance with these formats. These profile formats	445
shall:	446

(1) Include all of the data gathered under this section in a	447
manner that facilitates comparison among school districts and	448
among school buildings within each school district;	449

(2) Present the data on academic achievement levels as	450
assessed by the testing of student achievement maintained pursuant	451
to division (B)(1)(d) of this section.	452

(H)(1) The state board shall, in accordance with the	453
procedures it adopts, annually prepare a statewide report for all	454
school districts and the general public that includes the profile	455
of each of the school districts developed pursuant to division (G)	456
of this section. Copies of the report shall be sent to each school	457
district.	458

(2) The state board shall, in accordance with the procedures	459
it adopts, annually prepare an individual report for each school	460
district and the general public that includes the profiles of each	461
of the school buildings in that school district developed pursuant	462
to division (G) of this section. Copies of the report shall be	463
sent to the superintendent of the district and to each member of	464
the district board of education.	465

(3) Copies of the reports received from the state board under	466
divisions (H)(1) and (2) of this section shall be made available	467
to the general public at each school district's offices. Each	468
district board of education shall make copies of each report	469
available to any person upon request and payment of a reasonable	470
fee for the cost of reproducing the report. The board shall	471
annually publish in a newspaper of general circulation in the	472
school district, at least twice during the two weeks prior to the	473
week in which the reports will first be available, a notice	474
containing the address where the reports are available and the	475
date on which the reports will be available.	476

(I) Any data that is collected or maintained pursuant to this	477
section and that identifies an individual pupil is not a public	478
record for the purposes of section 149.43 of the Revised Code.	479

(J) As used in this section:

480

(1) "School district" means any city, local, exempted	481
village, or joint vocational school district and, in accordance	482
with section 3314.17 of the Revised Code, any community school. As	483
used in division (L) of this section, "school district" also	484
includes any educational service center or other educational	485
entity required to submit data using the system established under	486
this section.	487

(2) "Cost" means any expenditure for operating expenses made	488
by a school district excluding any expenditures for debt	489
retirement except for payments made to any commercial lending	490
institution for any loan approved pursuant to section 3313.483 of	491
the Revised Code.	492

(K) Any person who removes data from the information system	493
established under this section for the purpose of releasing it to	494
any person not entitled under law to have access to such	495
information is subject to section 2913.42 of the Revised Code	496
prohibiting tampering with data.	497

(L)(1) In accordance with division (L)(2) of this section and	498
the rules adopted under division (L)(10) of this section, the	499
department of education may sanction any school district that	500
reports incomplete or inaccurate data, reports data that does not	501
conform to data requirements and descriptions published by the	502
department, fails to report data in a timely manner, or otherwise	503
does not make a good faith effort to report data as required by	504
this section.	505

(2) If the department decides to sanction a school district	506
under this division, the department shall take the following	507
sequential actions:	508

(a) Notify the district in writing that the department has	509
determined that data has not been reported as required under this	510
section and require the district to review its data submission and	511
submit corrected data by a deadline established by the department.	512
The department also may require the district to develop a	513
corrective action plan, which shall include provisions for the	514
district to provide mandatory staff training on data reporting	515
procedures.	516

(b) Withhold up to ten per cent of the total amount of state	517
funds due to the district for the current fiscal year and, if not	518
previously required under division (L)(2)(a) of this section,	519
require the district to develop a corrective action plan in	520
accordance with that division;	521

(c) Withhold an additional amount of up to twenty per cent of	522
the total amount of state funds due to the district for the	523
current fiscal year;	524

(d) Direct department staff or an outside entity to	525
investigate the district's data reporting practices and make	526
recommendations for subsequent actions. The recommendations may	527
include one or more of the following actions:	528

(i) Arrange for an audit of the district's data reporting	529
practices by department staff or an outside entity;	530

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

531

(iii) Withhold an additional amount of up to thirty per cent	532
of the total amount of state funds due to the district for the	533
current fiscal year;	534

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

535

(v) Assign department staff to supervise the district's data	536
management system;	537

(vi) Conduct an investigation to determine whether to suspend	538
or revoke the license of any district employee in accordance with	539
division (N) of this section;	540

(vii) If the district is issued a report card under section	541
3302.03 of the Revised Code, indicate on the report card that the	542
district has been sanctioned for failing to report data as	543
required by this section;	544

(viii) If the district is issued a report card under section	545
3302.03 of the Revised Code and incomplete or inaccurate data	546
submitted by the district likely caused the district to receive a	547
higher performance rating than it deserved under that section,	548
issue a revised report card for the district;	549

(ix) Any other action designed to correct the district's data	550
reporting problems.	551

(3) Any time the department takes an action against a school	552
district under division (L)(2) of this section, the department	553
shall make a report of the circumstances that prompted the action.	554
The department shall send a copy of the report to the district	555
superintendent or chief administrator and maintain a copy of the	556
report in its files.	557

(4) If any action taken under division (L)(2) of this section	558
resolves a school district's data reporting problems to the	559
department's satisfaction, the department shall not take any	560
further actions described by that division. If the department	561
withheld funds from the district under that division, the	562
department may release those funds to the district, except that if	563
the department withheld funding under division (L)(2)(c) of this	564
section, the department shall not release the funds withheld under	565
division (L)(2)(b) of this section and, if the department withheld	566
funding under division (L)(2)(d) of this section, the department	567
shall not release the funds withheld under division (L)(2)(b) or	568
(c) of this section.	569

(5) Notwithstanding anything in this section to the contrary,	570
the department may use its own staff or an outside entity to	571
conduct an audit of a school district's data reporting practices	572
any time the department has reason to believe the district has not	573
made a good faith effort to report data as required by this	574
section. If any audit conducted by an outside entity under	575
division (L)(2)(d)(i) or (5) of this section confirms that a	576
district has not made a good faith effort to report data as	577
required by this section, the district shall reimburse the	578
department for the full cost of the audit. The department may	579
withhold state funds due to the district for this purpose.	580

(6) Prior to issuing a revised report card for a school	581
district under division (L)(2)(d)(viii) of this section, the	582
department may hold a hearing to provide the district with an	583
opportunity to demonstrate that it made a good faith effort to	584
report data as required by this section. The hearing shall be	585
conducted by a referee appointed by the department. Based on the	586
information provided in the hearing, the referee shall recommend	587
whether the department should issue a revised report card for the	588
district. If the referee affirms the department's contention that	589
the district did not make a good faith effort to report data as	590
required by this section, the district shall bear the full cost of	591
conducting the hearing and of issuing any revised report card.	592

(7) If the department determines that any inaccurate data	593
reported under this section caused a school district to receive	594
excess state funds in any fiscal year, the district shall	595
reimburse the department an amount equal to the excess funds, in	596
accordance with a payment schedule determined by the department.	597
The department may withhold state funds due to the district for	598
this purpose.	599

(8) Any school district that has funds withheld under	600
division (L)(2) of this section may appeal the withholding in	601
accordance with Chapter 119. of the Revised Code.	602

(9) In all cases of a disagreement between the department and	603
a school district regarding the appropriateness of an action taken	604
under division (L)(2) of this section, the burden of proof shall	605
be on the district to demonstrate that it made a good faith effort	606
to report data as required by this section.	607

(10) The state board of education shall adopt rules under	608
Chapter 119. of the Revised Code to implement division (L) of this	609
section.	610

(M) No information technology center or school district shall	611
acquire, change, or update its student administration software	612
package to manage and report data required to be reported to the	613
department unless it converts to a student software package that	614
is certified by the department.	615

(N) The state board of education, in accordance with sections	616
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	617
license as defined under division (A) of section 3319.31 of the	618
Revised Code that has been issued to any school district employee	619
found to have willfully reported erroneous, inaccurate, or	620
incomplete data to the education management information system.	621

(O) No person shall release or maintain any information about	622
any student in violation of this section. Whoever violates this	623
division is guilty of a misdemeanor of the fourth degree.	624

(P) The department shall disaggregate the data collected	625
under division (B)(1)(n) of this section according to the race	626
and socioeconomic status of the students assessed. No data	627
collected under that division shall be included on the report	628
cards required by section 3302.03 of the Revised Code.	629

(Q) If the department cannot compile any of the information	630
required by division (C)(5) of section 3302.03 of the Revised Code	631
based upon the data collected under this section, the department	632
shall develop a plan and a reasonable timeline for the collection	633
of any data necessary to comply with that division.	634

Sec. 3301.91.  The department of education shall establish a	635
clearinghouse of best practices in the areas of student nutrition,	636
physical activity for students, and body mass index screenings	637
that schools may use to promote student health. In developing the	638
clearinghouse, the department shall consider the recommendations	639
made by the healthy choices for healthy children council under	640
section 3301.921 of the Revised Code.	641

Sec. 3301.92.  (A) The healthy choices for healthy children	642
council is hereby established. The council shall consist of the	643
following members:	644

(1) Three representatives of the Ohio children's hospital	645
association;	646

(2) Three representatives of the Ohio chapter of the American	647
academy of pediatrics;	648

(3) Three representatives of the Ohio business roundtable;

649

(4) Three representatives of Ohio action for healthy kids;

650

(5) Three representatives of the American heart association;

651

(6) Three representatives of school districts whose job	652
responsibilities involve promoting student health and wellness.	653

(B) The governor, the president of the senate, and the	654
speaker of the house of representatives each shall appoint one	655
representative of each organization listed in divisions (A)(1) to	656
(5) of this section. Each such organization shall submit	657
recommendations for the appointments. The governor, president,	658
and speaker each shall appoint one representative of school	659
districts under division (A)(6) of this section. The Ohio school	660
boards association shall submit recommendations for those	661
appointments.	662

(C) Members of the council shall serve at the pleasure of	663
their appointing authority. Vacancies shall be filled in the same	664
manner as the original appointment. Members shall not be	665
compensated.	666

(D) A representative of the Ohio business roundtable shall	667
call the first meeting of the council. At that meeting, the	668
council shall select a chairperson from among its members. All	669
subsequent meetings shall be held at the call of the chairperson.	670
The organization or entity represented by the chairperson shall	671
provide administrative support to the council.	672

Sec. 3301.921.  The healthy choices for healthy children	673
council shall do all of the following:	674

(A) Monitor progress in improving student health and	675
wellness;	676

(B) Make periodic policy recommendations to the state board	677
of education regarding ways to improve the nutritional standards	678
for food and beverages prescribed by sections 3313.816 and	679
3313.817 of the Revised Code;	680

(C) Make periodic recommendations to the department of	681
education for the development of the best practices clearinghouse	682
required by section 3301.91 of the Revised Code;	683

(D) Assist the department in developing a list of resources	684
regarding health risks associated with weight status for	685
distribution to parents and guardians under division (E) of	686
section 3313.674 of the Revised Code;	687

(E) Regularly review developments in science and nutrition to	688
ensure the council remains informed for purposes of making	689
recommendations under divisions (B) and (C) of this section.	690

Sec. 3301.922.  (A) The department of education shall issue	691
an annual report on the following:	692

(1) The compliance of public and chartered nonpublic schools	693
with the requirements of sections 3313.814, 3313.816, and 3313.817	694
of the Revised Code regarding nutritional standards for food and	695
beverages in schools;	696

(2) The compliance of public schools with the requirements of	697
sections 3313.6016 and 3313.674 of the Revised Code.	698

(B) The department shall include in each report any data	699
regarding student health and wellness collected by the department	700
in conjunction with the requirements described in division (A) of	701
this section.	702

(C) The department shall submit each report to the governor,	703
the general assembly, and the healthy choices for healthy children	704
council.	705

Sec. 3302.02.  The state board of education annually through	706
2007, and every six years thereafter, shall establish at least	707
seventeen performance indicators for the report cards required by	708
division (C) of section 3302.03 of the Revised Code. In	709
establishing these indicators, the state board shall consider	710
inclusion of student performance on any tests given under section	711
3301.0710 or 3301.0712 of the Revised Code, rates of student	712
improvement on such tests, student attendance, the breadth of	713
coursework available within the district, and other indicators of	714
student success. TheNot later than December 31, 2010, the state	715
board shall establish a performance indicator that is based on	716
student success in meeting the benchmarks contained in the	717
physical education standards adopted under division (A)(3) of	718
section 3301.079 of the Revised Code and on compliance with the	719
requirements for local wellness policies prescribed by the "Child	720
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended.	721
Following establishment of this indicator, the department of	722
education shall issue guidance to school districts and buildings	723
explaining how the indicator will be used for evaluation and how	724
the indicator will factor into the performance ratings issued	725
under section 3302.03 of the Revised Code, beginning with the	726
ratings issued for the 2011-2012 school year.	727

The state board shall inform the Ohio accountability task	728
force established under section 3302.021 of the Revised Code of	729
the performance indicators it establishes under this section and	730
the rationale for choosing each indicator and for determining how	731
a school district or building meets that indicator.	732

The state board shall not establish any performance indicator	733
for passage of the third or fourth grade reading test that is	734
solely based on the test given in the fall for the purpose of	735
determining whether students have met the reading guarantee	736
provisions of section 3313.608 of the Revised Code.	737

Sec. 3302.03.  (A) Annually the department of education shall	738
report for each school district and each school building in a	739
district all of the following:	740

(1) The extent to which the school district or building meets	741
each of the applicable performance indicators created by the state	742
board of education under section 3302.02 of the Revised Code and	743
the number of applicable performance indicators that have been	744
achieved;	745

(2) The performance index score of the school district or	746
building;	747

(3) Whether the school district or building has made adequate	748
yearly progress;	749

(4) Whether the school district or building is excellent,	750
effective, needs continuous improvement, is under an academic	751
watch, or is in a state of academic emergency.	752

(B) Except as otherwise provided in divisions (B)(6) and (7)	753
of this section:	754

(1) A school district or building shall be declared excellent	755
if it fulfills one of the following requirements:	756

(a) It makes adequate yearly progress and either meets at	757
least ninety-four per cent of the applicable state performance	758
indicators or has a performance index score established by the	759
department.	760

(b) It has failed to make adequate yearly progress for not	761
more than two consecutive years and either meets at least	762
ninety-four per cent of the applicable state performance	763
indicators or has a performance index score established by the	764
department.	765

(2) A school district or building shall be declared effective	766
if it fulfills one of the following requirements:	767

(a) It makes adequate yearly progress and either meets at	768
least seventy-five per cent but less than ninety-four per cent of	769
the applicable state performance indicators or has a performance	770
index score established by the department.	771

(b) It does not make adequate yearly progress and either	772
meets at least seventy-five per cent of the applicable state	773
performance indicators or has a performance index score	774
established by the department, except that if it does not make	775
adequate yearly progress for three consecutive years, it shall be	776
declared in need of continuous improvement.	777

(3) A school district or building shall be declared to be in	778
need of continuous improvement if it fulfills one of the following	779
requirements:	780

(a) It makes adequate yearly progress, meets less than	781
seventy-five per cent of the applicable state performance	782
indicators, and has a performance index score established by the	783
department.	784

(b) It does not make adequate yearly progress and either	785
meets at least fifty per cent but less than seventy-five per cent	786
of the applicable state performance indicators or has a	787
performance index score established by the department.	788

(4) A school district or building shall be declared to be	789
under an academic watch if it does not make adequate yearly	790
progress and either meets at least thirty-one per cent but less	791
than fifty per cent of the applicable state performance	792
indicators or has a performance index score established by the	793
department.	794

(5) A school district or building shall be declared to be in	795
a state of academic emergency if it does not make adequate yearly	796
progress, does not meet at least thirty-one per cent of the	797
applicable state performance indicators, and has a performance	798
index score established by the department.	799

(6) When designating performance ratings for school districts	800
and buildings under divisions (B)(1) to (5) of this section, the	801
department shall not assign a school district or building a lower	802
designation from its previous year's designation based solely on	803
one subgroup not making adequate yearly progress.	804

(7) Division (B)(7) of this section does not apply to any	805
community school established under Chapter 3314. of the Revised	806
Code in which a majority of the students are enrolled in a dropout	807
prevention and recovery program.	808

A school district or building shall not be assigned a higher	809
performance rating than in need of continuous improvement if at	810
least ten per cent but not more than fifteen per cent of the	811
enrolled students do not take all achievement assessments	812
prescribed for their grade level under division (A)(1) or (B)(1)	813
of section 3301.0710 of the Revised Code from which they are	814
not excused pursuant to division (C)(1) or (3) of section	815
3301.0711 of the Revised Code. A school district or building	816
shall not be assigned a higher performance rating than under an	817
academic watch if more than fifteen per cent but not more than	818
twenty per cent of the enrolled students do not take all	819
achievement assessments prescribed for their grade level under	820
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	821
Code from which they are not excused pursuant to division	822
(C)(1) or (3) of section 3301.0711 of the Revised Code. A	823
school district or building shall not be assigned a higher	824
performance rating than in a state of academic emergency if more	825
than twenty per cent of the enrolled students do not take all	826
achievement assessments prescribed for their grade level under	827
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	828
Code from which they are not excused pursuant to division	829
(C)(1) or (3) of section 3301.0711 of the Revised Code.	830

(C)(1) The department shall issue annual report cards for	831
each school district, each building within each district, and for	832
the state as a whole reflecting performance on the indicators	833
created by the state board under section 3302.02 of the Revised	834
Code, the performance index score, and adequate yearly progress.	835

(2) The department shall include on the report card for each	836
district information pertaining to any change from the previous	837
year made by the school district or school buildings within the	838
district on any performance indicator.	839

(3) When reporting data on student performance, the	840
department shall disaggregate that data according to the following	841
categories:	842

(a) Performance of students by age group;

843

(b) Performance of students by race and ethnic group;

844

(c) Performance of students by gender;

845

(d) Performance of students grouped by those who have been	846
enrolled in a district or school for three or more years;	847

(e) Performance of students grouped by those who have been	848
enrolled in a district or school for more than one year and less	849
than three years;	850

(f) Performance of students grouped by those who have been	851
enrolled in a district or school for one year or less;	852

(g) Performance of students grouped by those who are	853
economically disadvantaged;	854

(h) Performance of students grouped by those who are enrolled	855
in a conversion community school established under Chapter 3314.	856
of the Revised Code;	857

(i) Performance of students grouped by those who are	858
classified as limited English proficient;	859

(j) Performance of students grouped by those who have	860
disabilities;	861

(k) Performance of students grouped by those who are	862
classified as migrants;	863

(l) Performance of students grouped by those who are	864
identified as gifted pursuant to Chapter 3324. of the Revised	865
Code.	866

The department may disaggregate data on student performance	867
according to other categories that the department determines are	868
appropriate. To the extent possible, the department shall	869
disaggregate data on student performance according to any	870
combinations of two or more of the categories listed in divisions	871
(C)(3)(a) to (l) of this section that it deems relevant.	872

In reporting data pursuant to division (C)(3) of this	873
section, the department shall not include in the report cards any	874
data statistical in nature that is statistically unreliable or	875
that could result in the identification of individual students.	876
For this purpose, the department shall not report student	877
performance data for any group identified in division (C)(3) of	878
this section that contains less than ten students.	879

(4) The department may include with the report cards any	880
additional education and fiscal performance data it deems	881
valuable.	882

(5) The department shall include on each report card a list	883
of additional information collected by the department that is	884
available regarding the district or building for which the report	885
card is issued. When available, such additional information shall	886
include student mobility data disaggregated by race and	887
socioeconomic status, college enrollment data, and the reports	888
prepared under section 3302.031 of the Revised Code.	889

The department shall maintain a site on the world wide web.	890
The report card shall include the address of the site and shall	891
specify that such additional information is available to the	892
public at that site. The department shall also provide a copy of	893
each item on the list to the superintendent of each school	894
district. The district superintendent shall provide a copy of any	895
item on the list to anyone who requests it.	896

(6)(a) This division does not apply to conversion community	897
schools that primarily enroll students between sixteen and	898
twenty-two years of age who dropped out of high school or are at	899
risk of dropping out of high school due to poor attendance,	900
disciplinary problems, or suspensions.	901

For any district that sponsors a conversion community school	902
under Chapter 3314. of the Revised Code, the department shall	903
combine data regarding the academic performance of students	904
enrolled in the community school with comparable data from the	905
schools of the district for the purpose of calculating the	906
performance of the district as a whole on the report card issued	907
for the district.	908

(b) Any district that leases a building to a community school	909
located in the district or that enters into an agreement with a	910
community school located in the district whereby the district and	911
the school endorse each other's programs may elect to have data	912
regarding the academic performance of students enrolled in the	913
community school combined with comparable data from the schools of	914
the district for the purpose of calculating the performance of the	915
district as a whole on the district report card. Any district that	916
so elects shall annually file a copy of the lease or agreement	917
with the department.	918

(7) The department shall include on each report card the	919
percentage of teachers in the district or building who are highly	920
qualified, as defined by the "No Child Left Behind Act of 2001,"	921
and a comparison of that percentage with the percentages of such	922
teachers in similar districts and buildings.	923

(8) The department shall include on the report card the	924
number of lead teachers employed by each district and each	925
building once the data is available from the education management	926
information system established under section 3301.0714 of the	927
Revised Code.	928

(9) The department shall include on each report card the	929
percentage of students enrolled in the district or building in	930
kindergarten, third grade, fifth grade, and ninth grade who are in	931
each of the following weight status categories:	932

(a) Underweight;

933

(b) Healthy weight;

934

(c) Overweight;

935

(d) Obese.

936

(D)(1) In calculating English language arts, mathematics,	937
social studies, or science assessment passage rates used to	938
determine school district or building performance under this	939
section, the department shall include all students taking an	940
assessment with accommodation or to whom an alternate assessment	941
is administered pursuant to division (C)(1) or (3) of section	942
3301.0711 of the Revised Code.	943

(2) In calculating performance index scores, rates of	944
achievement on the performance indicators established by the state	945
board under section 3302.02 of the Revised Code, and adequate	946
yearly progress for school districts and buildings under this	947
section, the department shall do all of the following:	948

(a) Include for each district or building only those students	949
who are included in the ADM certified for the first full school	950
week of October and are continuously enrolled in the district or	951
building through the time of the spring administration of any	952
assessment prescribed by division (A)(1) or (B)(1) of section	953
3301.0710 of the Revised Code that is administered to the	954
student's grade level;	955

(b) Include cumulative totals from both the fall and spring	956
administrations of the third grade English language arts	957
achievement assessment;	958

(c) Except as required by the "No Child Left Behind Act of	959
2001" for the calculation of adequate yearly progress, exclude for	960
each district or building any limited English proficient student	961
who has been enrolled in United States schools for less than one	962
full school year.	963

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

964

(1) "One unit" means a minimum of one hundred twenty hours of	965
course instruction, except that for:	966

(a) For a laboratory course, "one unit" means a minimum of	967
one hundred fifty hours of course instruction.	968

(b) For a physical education course, "one unit" means a	969
minimum of two hundred forty hours of course instruction.	970

(2) "One-half unit" means a minimum of sixty hours of course	971
instruction, except that for physical education courses, "one-half	972
unit" means a minimum of one hundred twenty hours of course	973
instruction.	974

(B) Beginning September 15, 2001, except as required in	975
division (C) of this section and division (C) of section 3313.614	976
of the Revised Code, the requirements for graduation from every	977
high school shall include twenty units earned in grades nine	978
through twelve and shall be distributed as follows:	979

(1) English language arts, four units;

980

(2) Health, one-half unit;

981

(3) Mathematics, three units;

982

(4) Physical education, one-half unit;

983

(5) Science, two units until September 15, 2003, and three	984
units thereafter, which at all times shall include both of the	985
following:	986

(a) Biological sciences, one unit;

987

(b) Physical sciences, one unit.

988

(6) Social studies, three units, which shall include both of	989
the following:	990

(a) American history, one-half unit;

991

(b) American government, one-half unit.

992

(7) Elective units, seven units until September 15, 2003, and	993
six units thereafter.	994

Each student's electives shall include at least one unit, or	995
two half units, chosen from among the areas of	996
business/technology, fine arts, and/or foreign language.	997

(C) Beginning with students who enter ninth grade for the	998
first time on or after July 1, 2010, except as provided in	999
divisions (D) to (F) of this section, the requirements for	1000
graduation from every public and chartered nonpublic high school	1001
shall include twenty and one-half units that are designed to	1002
prepare students for the workforce and college. The units shall	1003
be distributed as follows:	1004

(1) English language arts, four units;

1005

(2) Health, one-half unit;

1006

(3) Mathematics, four units, which shall include one unit of	1007
algebra II or the equivalent of algebra II;	1008

(4) Physical education, one-halfone unit;

1009

(5) Science, three units with inquiry-based laboratory	1010
experience that engages students in asking valid scientific	1011
questions and gathering and analyzing information, which shall	1012
include the following, or their equivalent:	1013

(a) Physical sciences, one unit;

1014

(b) Life sciences, one unit;

1015

(c) Advanced study in one or more of the following sciences,	1016
one unit:	1017

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

1018

(ii) Advanced biology or other life science;

1019

(iii) Astronomy, physical geology, or other earth or space	1020
science.	1021

(6) Social studies, three units, which shall include both of	1022
the following:	1023

(a) American history, one-half unit;

1024

(b) American government, one-half unit.

1025

Each school shall integrate the study of economics and	1026
financial literacy, as expressed in the social studies academic	1027
content standards adopted by the state board of education under	1028
division (A)(1) of section 3301.079 of the Revised Code and the	1029
academic content standards for financial literacy and	1030
entrepreneurship adopted under division (A)(2) of that section,	1031
into one or more existing social studies credits required under	1032
division (C)(6) of this section, or into the content of another	1033
class, so that every high school student receives instruction in	1034
those concepts. In developing the curriculum required by this	1035
paragraph, schools shall use available public-private	1036
partnerships and resources and materials that exist in business,	1037
industry, and through the centers for economics education at	1038
institutions of higher education in the state.	1039

(7) Five units consisting of one or any combination of	1040
foreign language, fine arts, business, career-technical education,	1041
family and consumer sciences, technology, agricultural education,	1042
or English language arts, mathematics, science, or social studies	1043
courses not otherwise required under division (C) of this section.	1044

Ohioans must be prepared to apply increased knowledge and	1045
skills in the workplace and to adapt their knowledge and skills	1046
quickly to meet the rapidly changing conditions of the	1047
twenty-first century. National studies indicate that all high	1048
school graduates need the same academic foundation, regardless of	1049
the opportunities they pursue after graduation. The goal of Ohio's	1050
system of elementary and secondary education is to prepare all	1051
students for and seamlessly connect all students to success in	1052
life beyond high school graduation, regardless of whether the next	1053
step is entering the workforce, beginning an apprenticeship,	1054
engaging in post-secondary training, serving in the military, or	1055
pursuing a college degree.	1056

The Ohio core curriculum is the standard expectation for all	1057
students entering ninth grade for the first time at a public or	1058
chartered nonpublic high school on or after July 1, 2010. A	1059
student may satisfy this expectation through a variety of methods,	1060
including, but not limited to, integrated, applied,	1061
career-technical, and traditional coursework.	1062

Whereas teacher quality is essential for student success in	1063
completing the Ohio core curriculum, the general assembly shall	1064
appropriate funds for strategic initiatives designed to strengthen	1065
schools' capacities to hire and retain highly qualified teachers	1066
in the subject areas required by the curriculum. Such initiatives	1067
are expected to require an investment of $120,000,000 over five	1068
years.	1069

Stronger coordination between high schools and institutions	1070
of higher education is necessary to prepare students for more	1071
challenging academic endeavors and to lessen the need for academic	1072
remediation in college, thereby reducing the costs of higher	1073
education for Ohio's students, families, and the state. The state	1074
board of education and the chancellor of the Ohio board of	1075
regents shall develop policies to ensure that only in rare	1076
instances will students who complete the Ohio core curriculum	1077
require academic remediation after high school.	1078

School districts, community schools, and chartered nonpublic	1079
schools shall integrate technology into learning experiences	1080
whenever practicable across the curriculum in order to maximize	1081
efficiency, enhance learning, and prepare students for success in	1082
the technology-driven twenty-first century. Districts and schools	1083
may use distance and web-based course delivery as a method of	1084
providing or augmenting all instruction required under this	1085
division, including laboratory experience in science. Districts	1086
and schools shall whenever practicable utilize technology access	1087
and electronic learning opportunities provided by the eTech Ohio	1088
commission, the Ohio learning network, education technology	1089
centers, public television stations, and other public and private	1090
providers.	1091

(D) Except as provided in division (E) of this section, a	1092
student who enters ninth grade on or after July 1, 2010, and	1093
before July 1, 2014, may qualify for graduation from a public or	1094
chartered nonpublic high school even though the student has not	1095
completed the Ohio core curriculum prescribed in division (C) of	1096
this section if all of the following conditions are satisfied:	1097

(1) After the student has attended high school for two years,	1098
as determined by the school, the student and the student's parent,	1099
guardian, or custodian sign and file with the school a written	1100
statement asserting the parent's, guardian's, or custodian's	1101
consent to the student's graduating without completing the Ohio	1102
core curriculum and acknowledging that one consequence of not	1103
completing the Ohio core curriculum is ineligibility to enroll in	1104
most state universities in Ohio without further coursework.	1105

(2) The student and parent, guardian, or custodian fulfill	1106
any procedural requirements the school stipulates to ensure the	1107
student's and parent's, guardian's, or custodian's informed	1108
consent and to facilitate orderly filing of statements under	1109
division (D)(1) of this section.	1110

(3) The student and the student's parent, guardian, or	1111
custodian and a representative of the student's high school	1112
jointly develop an individual career plan for the student that	1113
specifies the student matriculating to a two-year degree program,	1114
acquiring a business and industry credential, or entering an	1115
apprenticeship.	1116

(4) The student's high school provides counseling and support	1117
for the student related to the plan developed under division	1118
(D)(3) of this section during the remainder of the student's high	1119
school experience.	1120

(5) The student successfully completes, at a minimum, the	1121
curriculum prescribed in division (B) of this section, except that	1122
the student shall complete an additional one-half unit of	1123
physical education.	1124

The department of education, in collaboration with the the	1125
chancellor of the Ohio board of regents, shall analyze student	1126
performance data to determine if there are mitigating factors	1127
that warrant extending the exception permitted by division (D)	1128
of this section to high school classes beyond those entering	1129
ninth grade before July 1, 2014. The department shall submit its	1130
findings and any recommendations not later than August 1, 2014,	1131
to the speaker and minority leader of the house of	1132
representatives, the president and minority leader of the senate,	1133
the chairpersons and ranking minority members of the standing	1134
committees of the house of representatives and the senate that	1135
consider education legislation, the state board of education, and	1136
the superintendent of public instruction.	1137

(E) Each school district and chartered nonpublic school	1138
retains the authority to require an even more rigorous minimum	1139
curriculum for high school graduation than specified in division	1140
(B) or (C) of this section. A school district board of education,	1141
through the adoption of a resolution, or the governing authority	1142
of a chartered nonpublic school may stipulate any of the	1143
following:	1144

(1) A minimum high school curriculum that requires more than	1145
twenty units of academic credit to graduate than specified in	1146
those divisions;	1147

(2) An exception to the district's or school's minimum high	1148
school curriculum that is comparable to the exception provided in	1149
division (D) of this section but with additional requirements,	1150
which may include a requirement that the student successfully	1151
complete more than the minimum curriculum prescribed in division	1152
(B) of this section;	1153

(3) That no exception comparable to that provided in division	1154
(D) of this section is available.	1155

(F) A student enrolled in a dropout prevention and recovery	1156
program, which program has received a waiver from the department	1157
of education, may qualify for graduation from high school by	1158
successfully completing a competency-based instructional program	1159
administered by the dropout prevention and recovery program in	1160
lieu of completing the Ohio core curriculum prescribed in division	1161
(C) of this section. The department shall grant a waiver to a	1162
dropout prevention and recovery program, within sixty days after	1163
the program applies for the waiver, if the program meets all of	1164
the following conditions:	1165

(1) The program serves only students not younger than sixteen	1166
years of age and not older than twenty-one years of age.	1167

(2) The program enrolls students who, at the time of their	1168
initial enrollment, either, or both, are at least one grade level	1169
behind their cohort age groups or experience crises that	1170
significantly interfere with their academic progress such that	1171
they are prevented from continuing their traditional programs.	1172

(3) The program requires students to attain at least the	1173
applicable score designated for each of the assessments prescribed	1174
under division (B)(1) of section 3301.0710 of the Revised Code	1175
or, to the extent prescribed by rule of the state board of	1176
education under division (E)(6) of section 3301.0712 of the	1177
Revised Code, division (B)(2) of that section.	1178

(4) The program develops an individual career plan for the	1179
student that specifies the student's matriculating to a two-year	1180
degree program, acquiring a business and industry credential, or	1181
entering an apprenticeship.	1182

(5) The program provides counseling and support for the	1183
student related to the plan developed under division (F)(4) of	1184
this section during the remainder of the student's high school	1185
experience.	1186

(6) The program requires the student and the student's	1187
parent, guardian, or custodian to sign and file, in accordance	1188
with procedural requirements stipulated by the program, a written	1189
statement asserting the parent's, guardian's, or custodian's	1190
consent to the student's graduating without completing the Ohio	1191
core curriculum and acknowledging that one consequence of not	1192
completing the Ohio core curriculum is ineligibility to enroll in	1193
most state universities in Ohio without further coursework.	1194

(7) Prior to receiving the waiver, the program has submitted	1195
to the department an instructional plan that demonstrates how the	1196
academic content standards adopted by the state board of education	1197
under section 3301.079 of the Revised Code will be taught and	1198
assessed.	1199

If the department does not act either to grant the waiver or	1200
to reject the program application for the waiver within sixty days	1201
as required under this section, the waiver shall be considered to	1202
be granted.	1203

(G) Every high school may permit students below the ninth	1204
grade to take advanced work. If a high school so permits, it	1205
shall award high school credit for successful completion of the	1206
advanced work and shall count such advanced work toward the	1207
graduation requirements of division (B) or (C) of this section	1208
if the advanced work was both:	1209

(1) Taught by a person who possesses a license or certificate	1210
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	1211
Code that is valid for teaching high school;	1212

(2) Designated by the board of education of the city, local,	1213
or exempted village school district, the board of the cooperative	1214
education school district, or the governing authority of the	1215
chartered nonpublic school as meeting the high school curriculum	1216
requirements.	1217

Each high school shall record on the student's high school	1218
transcript all high school credit awarded under division (G) of	1219
this section. In addition, if the student completed a seventh- or	1220
eighth-grade fine arts course described in division (K) of this	1221
section and the course qualified for high school credit under that	1222
division, the high school shall record that course on the	1223
student's high school transcript.	1224

(H) The department shall make its individual academic career	1225
plan available through its Ohio career information system web site	1226
for districts and schools to use as a tool for communicating with	1227
and providing guidance to students and families in selecting high	1228
school courses.	1229

(I) Units earned in English language arts, mathematics,	1230
science, and social studies that are delivered through integrated	1231
academic and career-technical instruction are eligible to meet the	1232
graduation requirements of division (B) or (C) of this section.	1233

(J) The state board of education, in consultation with the	1234
chancellor of the Ohio board of regents, shall adopt a	1235
statewide plan implementing methods for students to earn units	1236
of high school credit based on a demonstration of subject area	1237
competency, instead of or in combination with completing hours	1238
of classroom instruction. The state board shall adopt the plan	1239
not later than March 31, 2009, and commence phasing in the plan	1240
during the 2009-2010 school year. The plan shall include a	1241
standard method for recording demonstrated proficiency on high	1242
school transcripts. Each school district, community school, and	1243
chartered nonpublic school shall comply with the state board's	1244
plan adopted under this division and award units of high school	1245
credit in accordance with the plan. The state board may adopt	1246
existing methods for earning high school credit based on a	1247
demonstration of subject area competency as necessary prior to	1248
the 2009-2010 school year.	1249

(K) This division does not apply to students who qualify for	1250
graduation from high school under division (D) or (F) of this	1251
section, or to students pursuing a career-technical instructional	1252
track as determined by the school district board of education or	1253
the chartered nonpublic school's governing authority.	1254
Nevertheless, the general assembly encourages such students to	1255
consider enrolling in a fine arts course as an elective.	1256

Beginning with students who enter ninth grade for the first	1257
time on or after July 1, 2010, each student enrolled in a public	1258
or chartered nonpublic high school shall complete two semesters or	1259
the equivalent of fine arts to graduate from high school. The	1260
coursework may be completed in any of grades seven to twelve. Each	1261
student who completes a fine arts course in grade seven or eight	1262
may elect to count that course toward the five units of electives	1263
required for graduation under division (C)(7) of this section, if	1264
the course satisfied the requirements of division (G) of this	1265
section. In that case, the high school shall award the student	1266
high school credit for the course and count the course toward the	1267
five units required under division (C)(7) of this section. If the	1268
course in grade seven or eight did not satisfy the requirements of	1269
division (G) of this section, the high school shall not award the	1270
student high school credit for the course but shall count the	1271
course toward the two semesters or the equivalent of fine arts	1272
required by this division.	1273

(L) Notwithstanding anything to the contrary in this section,	1274
the board of education of each school district and the governing	1275
authority of each chartered nonpublic school may adopt a policy to	1276
excuse from the high school physical education requirement each	1277
student who, during high school, has participated in	1278
interscholastic athletics, marching band, or cheerleading for at	1279
least two full seasons. If the board or authority adopts such a	1280
policy, the board or authority shall not require the student to	1281
complete any physical education course as a condition to graduate.	1282
However, the student shall be required to complete one-half unit,	1283
consisting of at least sixty hours of instruction, in another	1284
course of study. This division shall cease to apply beginning with	1285
students who enter ninth grade for the first time on or after July	1286
1, 2010.	1287

Sec. 3313.6016.  (A) Beginning in the 2010-2011 school year,	1288
the board of education of each city, exempted village, or local	1289
school district shall require all students in each of grades	1290
kindergarten through twelve to engage in at least thirty minutes	1291
of moderate to rigorous physical activity each school day,	1292
exclusive of recess. Physical activity engaged in during a	1293
physical education course may count toward the daily requirement.	1294

(B) For any period in which a student is participating in	1295
interscholastic athletics, marching band, or cheerleading, the	1296
board may excuse the student from the requirement of division (A)	1297
of this section.	1298

(C) Not later than July 1, 2010, the board shall adopt a	1299
policy to comply with this section.	1300

Sec. 3313.674.  (A) Except as provided in division (D) of	1301
this section, each city, exempted village, or local school	1302
district shall require each student enrolled in kindergarten,	1303
third grade, fifth grade, and ninth grade to undergo a screening	1304
for body mass index and weight status category prior to the first	1305
day of November of the school year.	1306

(B) The district may provide any screenings required by this	1307
section itself, contract with another entity for provision of the	1308
screenings, or request the parent or guardian of each student	1309
subject to this section to obtain the screening from a provider	1310
selected by the parent or guardian and to submit the results to	1311
the district. If the district provides the screenings itself or	1312
contracts with another entity for provision of the screenings, the	1313
district shall protect student privacy by ensuring that each	1314
student is screened alone and not in the presence of other	1315
students or staff.	1316

(C) Prior to the first day of August of each school year, the	1317
district shall provide the parent or guardian of each student	1318
subject to this section with information about the district's	1319
screening program. If the district requests parents and guardians	1320
to obtain a screening from a provider of their choosing, the	1321
district shall provide them with a list of providers and	1322
information about screening services available in the community to	1323
parents and guardians who cannot afford a private provider.	1324

(D) If the parent or guardian of a student subject to this	1325
section signs and submits to the district a written statement	1326
indicating that the parent or guardian does not wish to have the	1327
student undergo the screening, the district shall not require the	1328
student to be screened.	1329

(E) The district shall notify the parent or guardian of each	1330
student screened under this section of any health risks associated	1331
with the student's results and shall provide the parent or	1332
guardian with information about appropriately addressing the	1333
risks. For this purpose, the department of education, in	1334
consultation with the department of health and the healthy choices	1335
for healthy children council established under section 3301.92 of	1336
the Revised Code, shall develop a list of documents, pamphlets,	1337
or other resources that districts may distribute to parents and	1338
guardians under this division.	1339

(F) The district shall maintain the confidentiality of each	1340
student's individual screening results at all times. No district	1341
shall report a student's individual screening results to any	1342
person other than the student's parent or guardian.	1343

(G) The district shall report aggregated body mass index and	1344
weight status category data collected under this section to the	1345
department of education through the education management	1346
information system established under section 3301.0714 of the	1347
Revised Code. The department may share data reported under this	1348
division with the department of health and other governmental	1349
entities for the purpose of monitoring population health, making	1350
reports, or public health promotional activities.	1351

Sec. 3313.813.  (A) As used in this section:

1352

(1) "Outdoor education center" means a public or nonprofit	1353
private entity that provides to pupils enrolled in any public or	1354
chartered nonpublic elementary or secondary school an outdoor	1355
educational curriculum that the school considers to be part of its	1356
educational program.	1357

(2) "Outside-school-hours care center" has the meaning	1358
established in 7 C.F.R. 226.2.	1359

(B) The state board of education shall establish standards	1360
for a school lunch program, school breakfast program, child and	1361
adult care food program, special food service program for	1362
children, summer food service program for children, special milk	1363
program for children, food service equipment assistance program,	1364
and commodity distribution program established under the "National	1365
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	1366
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	1367
U.S.C. 1771, as amended. Any board of education of a school	1368
district, nonprofit private school, outdoor education center,	1369
child care institution, outside-school-hours care center, or	1370
summer camp desiring to participate in such a program or required	1371
to participate under this section shall, if eligible to	1372
participate under the "National School Lunch Act," as amended, or	1373
the "Child Nutrition Act of 1966," as amended, make application to	1374
the state board of education for assistance. The board shall	1375
administer the allocation and distribution of all state and	1376
federal funds for these programs.	1377

(C) The state board of education shall require the board of	1378
education of each school district to establish and maintain a	1379
school breakfast, lunch, and summer food service program pursuant	1380
to the "National School Lunch Act" and the "Child Nutrition Act of	1381
1966," as described in divisions (C)(1) to (4) of this section.	1382

(1) The state board shall require the board of education in	1383
each school district to establish a breakfast program in every	1384
school where at least one-fifth of the pupils in the school are	1385
eligible under federal requirements for free breakfasts and to	1386
establish a lunch program in every school where at least one-fifth	1387
of the pupils are eligible for free lunches. The board of	1388
education required to establish a breakfast program under this	1389
division may make a charge in accordance with federal requirements	1390
for each reduced price breakfast or paid breakfast to cover the	1391
cost incurred in providing that meal.	1392

(2) The state board shall require the board of education in	1393
each school district to establish a breakfast program in every	1394
school in which the parents of at least one-half of the children	1395
enrolled in the school have requested that the breakfast program	1396
be established. The board of education required to establish a	1397
program under this division may make a charge in accordance with	1398
federal requirements for each meal to cover all or part of the	1399
costs incurred in establishing such a program.	1400

(3) The state board of education shall require the board of	1401
education in each school district to establish one of the	1402
following for summer intervention services described in division	1403
(D) of section 3301.0711 and section 3313.608 of the Revised Code	1404
and any other summer intervention program required by law:	1405

(a) An extension of the school breakfast program pursuant to	1406
the "National School Lunch Act" and the "Child Nutrition Act of	1407
1966";	1408

(b) An extension of the school lunch program pursuant to	1409
those acts;	1410

(c) A summer food service program pursuant to those acts.

1411

(4)(a) If the board of education of a school district	1412
determines that, for financial reasons, it cannot comply with	1413
division (C)(1) or (3) of this section, the district board may	1414
choose not to comply with either or both divisions, except as	1415
provided in division (C)(4)(b) of this section. The district board	1416
publicly shall communicate to the residents of the district, in	1417
the manner it determines appropriate, its decision not to comply.	1418

(b) If a district board chooses not to comply with division	1419
(C)(1) of this section, the state board of education nevertheless	1420
shall require the district board to establish a breakfast program	1421
in every school where at least one-third of the pupils in the	1422
school are eligible under federal requirements for free breakfasts	1423
and to establish a lunch program in every school where at least	1424
one-third of the pupils are eligible for free lunches. The	1425
district board may make a charge in accordance with federal	1426
requirements for each reduced price breakfast or paid breakfast to	1427
cover the cost incurred in providing that meal.	1428

(c) If a school district cannot for good cause comply with	1429
the requirements of division (C)(2) or (4)(b) of this section at	1430
the time the state board determines that a district is subject to	1431
these requirements, the state board of education shall grant a	1432
reasonable extension of time. Good cause for an extension of time	1433
shall include, but need not be limited to, economic impossibility	1434
of compliance with the requirements at the time the state board	1435
determines that a district is subject to them.	1436

(D)(1) The state board of education shall accept the	1437
application of any outdoor education center in the state making	1438
application for participation in a program pursuant to division	1439
(B) of this section.	1440

(2) For purposes of participation in any program pursuant to	1441
this section, the board shall certify any outdoor education center	1442
making application as an educational unit that is part of the	1443
educational system of the state, if the center:	1444

(a) Meets the definition of an outdoor education center;

1445

(b) Provides its outdoor education curriculum to pupils on an	1446
overnight basis so that pupils are in residence at the center for	1447
more than twenty-four consecutive hours;	1448

(c) Operates under public or nonprofit private ownership in a	1449
single building or complex of buildings.	1450

(3) The board shall approve any outdoor education center	1451
certified under this division for participation in the program for	1452
which the center is making application on the same basis as any	1453
other applicant for that program.	1454

(E) Any school district board of education or chartered	1455
nonpublic school that participates in a breakfast program pursuant	1456
to this section may offer breakfast to pupils in their classrooms	1457
during the school day.	1458

(F) Notwithstanding anything in this section to the contrary,	1459
in each fiscal year in which the general assembly appropriates	1460
funds for purposes of this division, the board of education of	1461
each school district and each chartered nonpublic school that	1462
participates in a breakfast program pursuant to this section shall	1463
provide a breakfast free of charge to each pupil who is eligible	1464
under federal requirements for a reduced price breakfast.	1465

Sec. 3313.814. (A) As used in this section and sections	1466
3313.816 and 3313.817 of the Revised Code:	1467

(1) "A la carte item" means an individually priced food or	1468
beverage item that is available for sale to students through any	1469
of the following:	1470

(a) A school food service program;

1471

(b) A vending machine located on school property;

1472

(c) A store operated by the school, a student association, or	1473
other school-sponsored organization.	1474

"A la carte item" does not include any food or beverage item	1475
available for sale in connection with a school-sponsored	1476
fundraiser held outside of the regular school day, any other	1477
school-sponsored event held outside of the regular school day, or	1478
an interscholastic athletic event. "A la carte item" also does not	1479
include any food or beverage item that is part of a reimbursable	1480
meal and that is available for sale as an individually priced item	1481
in a serving portion of the same size as in the reimbursable meal.	1482

(2) "Added sweeteners" means any additives that enhance the	1483
sweetness of a beverage, including processed sugar. "Added	1484
sweeteners" do not include any natural sugars found in fruit	1485
juices that are a component of the beverage.	1486

(3) "Extended school day" means the period before and after	1487
the regular school day during which students participate in	1488
school-sponsored extracurricular activities, latchkey programs as	1489
defined in section 3313.207 of the Revised Code, or other academic	1490
or enrichment programs.	1491

(4) "Regular school day" means the period each school day	1492
between the designated arrival time for students and the end of	1493
the final instructional period.	1494

(5) "Reimbursable meal" means a meal that is provided to	1495
students through a school breakfast or lunch program established	1496
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	1497
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80	1498
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria	1499
for reimbursement established by the United States department of	1500
agriculture.	1501

(6) "School food service program" means a school food service	1502
program operated under section 3313.81 or 3313.813 of the Revised	1503
Code.	1504

(B) Each school district board of education and each	1505
chartered nonpublic school governing authority shall adopt and	1506
enforce nutrition standards governing the types of food and	1507
beverages that may be sold on the premises of its schools, and	1508
specifying the time and place each type of food or beverage may be	1509
sold. In adopting the standards, the board or governing authority	1510
shall consider each food'sthe nutritional value of each food or	1511
beverage. The board or governing authority shall consult the	1512
dietary guidelines for Americans jointly developed by the United	1513
States department of agriculture and the United States department	1514
of health and human services and, to the maximum extent possible,	1515
shall incorporate the guidelines into the standards. No food or	1516
beverage may be sold on any school premises except in accordance	1517
with the standards adopted by the board of educationor governing	1518
authority. The standards shall comply with sections 3313.816 and	1519
3313.817 of the Revised Code, but nothing in this section shall	1520
prohibit the standards from being more restrictive than otherwise	1521
required by those sections.	1522

(C) The nutrition standards adopted under this section shall	1523
prohibit the placement of vending machines in any classroom where	1524
students are provided instruction, unless the classroom also is	1525
used to serve students meals. This division does not apply to	1526
vending machines that sell only milk, reimbursable meals, or food	1527
and beverage items that are part of a reimbursable meal and are	1528
available for sale as individually priced items in serving	1529
portions of the same size as in the reimbursable meal.	1530

(D) Each board or governing authority shall designate staff	1531
to be responsible for ensuring that the school district or school	1532
meets the nutrition standards adopted under this section. The	1533
staff shall prepare an annual report regarding the district's or	1534
school's compliance with the standards and submit it to the	1535
department of education. The board or governing authority	1536
annually shall schedule a presentation on the report at one of	1537
its regular meetings. Each district or school shall make copies	1538
of the report available to the public upon request.	1539

(E) The state board of education shall formulate and adopt	1540
guidelines, which boards of education and chartered nonpublic	1541
schools may follow in enforcing and implementing this section.	1542

Sec. 3313.816.  (A) No public or chartered nonpublic school	1543
shall permit the sale of a la carte beverage items other than the	1544
following during the regular and extended school day:	1545

(1) For a school in which the majority of grades offered are	1546
in the range from kindergarten to grade four:	1547

(a) Water;

1548

(b)(i) Prior to January 1, 2014, eight ounces or less of	1549
low-fat or fat-free milk, including flavored milk, that contains	1550
not more than one hundred seventy calories per eight ounces;	1551

(ii) Beginning January 1, 2014, eight ounces or less of	1552
low-fat or fat-free milk, including flavored milk, that contains	1553
not more than one hundred fifty calories per eight ounces.	1554

(c) Eight ounces or less of one hundred per cent fruit juice,	1555
or a one hundred per cent fruit juice and water blend with no	1556
added sweeteners, that contains not more than one hundred sixty	1557
calories per eight ounces.	1558

(2) For a school in which the majority of grades offered are	1559
in the range from grade five to grade eight:	1560

(a) Water;

1561

(b)(i) Prior to January 1, 2014, eight ounces or less of	1562
low-fat or fat-free milk, including flavored milk, that contains	1563
not more than one hundred seventy calories per eight ounces;	1564

(ii) Beginning January 1, 2014, eight ounces or less of	1565
low-fat or fat-free milk, including flavored milk, that contains	1566
not more than one hundred fifty calories per eight ounces.	1567

(c) Ten ounces or less of one hundred per cent fruit juice,	1568
or a one hundred per cent fruit juice and water blend with no	1569
added sweeteners, that contains not more than one hundred sixty	1570
calories per eight ounces.	1571

(3) For a school in which the majority of grades offered are	1572
in the range from grade nine to grade twelve:	1573

(a) Water;

1574

(b)(i) Prior to January 1, 2014, sixteen ounces or less of	1575
low-fat or fat-free milk, including flavored milk, that contains	1576
not more than one hundred seventy calories per eight ounces;	1577

(ii) Beginning January 1, 2014, sixteen ounces or less of	1578
low-fat or fat-free milk, including flavored milk, that contains	1579
not more than one hundred fifty calories per eight ounces.	1580

(c) Twelve ounces or less of one hundred per cent fruit	1581
juice, or a one hundred per cent fruit juice and water blend with	1582
no added sweeteners, that contains not more than one hundred sixty	1583
calories per eight ounces;	1584

(d) Twelve ounces or less of any beverage that contains not	1585
more than sixty-six calories per eight ounces;	1586

(e) Any size of a beverage that contains not more than ten	1587
calories per eight ounces, which may include caffeinated	1588
beverages and beverages with added sweeteners, carbonation, or	1589
artificial flavoring.	1590

(B) Each public and chartered nonpublic school shall require	1591
at least fifty per cent of the a la carte beverage items available	1592
for sale from each of the following sources during the regular and	1593
extended school day to be water or other beverages that contain	1594
not more than ten calories per eight ounces:	1595

(1) A school food service program;

1596

(2) A vending machine located on school property that does	1597
not sell only milk or reimbursable meals;	1598

(3) A store operated by the school, a student association, or	1599
other school-sponsored organization.	1600

(C) If, after July 1, 2009, the United States department of	1601
agriculture adopts regulations for the sale of a la carte beverage	1602
items in schools that are more restrictive than the requirements	1603
of this section, those regulations shall supersede the	1604
requirements of this section. Each chartered nonpublic school	1605
shall comply with the regulations, regardless of whether the	1606
United States department of agriculture applies the regulations to	1607
nonpublic schools.	1608

(D) The department of education shall determine whether each	1609
public and chartered nonpublic school is in compliance with this	1610
section or any federal regulations described in division (C) of	1611
this section. The department may make that determination in	1612
conjunction with any regular review of the school food service	1613
program operated by the school, provided that the review is	1614
conducted at least once every five years.	1615

Sec. 3313.817.  (A) When the department of education is able	1616
to obtain free of charge computer software for assessing the	1617
nutritional value of foods that does all of the following, the	1618
department shall make that software available free of charge to	1619
each public and chartered nonpublic school:	1620

(1) Rates the healthiness of foods based on nutrient density;

1621

(2) Assesses the amount of calories, total fat, saturated	1622
fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A,	1623
and vitamin C in each food item;	1624

(3) Evaluates the nutritional value of foods based on the	1625
dietary guidelines for Americans jointly developed by the United	1626
States department of agriculture and United States department of	1627
health and human services as they pertain to children and	1628
adolescents.	1629

(B) Each public and chartered nonpublic school shall use the	1630
software provided by the department under this section to	1631
determine the nutritional value of each a la carte food item	1632
available for sale at the school.	1633

(C) When the department provides software under this section,	1634
each public and chartered nonpublic school shall comply with all	1635
of the following requirements:	1636

(1) No a la carte food item shall be in the lowest rated	1637
category of foods designated by the software.	1638

(2) In the first school year in which the school is subject	1639
to this section, at least twenty per cent of the a la carte food	1640
items available for sale from each of the following sources during	1641
the regular and extended school day shall be in the highest rated	1642
category of foods designated by the software and in each school	1643
year thereafter, at least forty per cent of the a la carte food	1644
items available for sale from each of the following sources	1645
during the regular and extended school day shall be in that	1646
category:	1647

(a) A school food service program;

1648

(b) A vending machine located on school property;

1649

(c) A store operated by the school, a student association, or	1650
other school-sponsored organization.	1651

(3) Each a la carte food item that is not in the highest	1652
rated category of foods designated by the software shall meet at	1653
least two of the following criteria:	1654

(a) It contains at least five grams of protein.

1655

(b) It contains at least ten per cent of the recommended	1656
daily value of fiber.	1657

(c) It contains at least ten per cent of the recommended	1658
daily value of calcium.	1659

(d) It contains at least ten per cent of the recommended	1660
daily value of iron.	1661

(e) It contains at least ten per cent of the recommended	1662
daily value of vitamin A.	1663

(f) It contains at least ten per cent of the recommended	1664
daily value of vitamin C.	1665

(D) If, after July 1, 2009, the United States department of	1666
agriculture adopts regulations for the sale of a la carte food	1667
items in schools that are more restrictive than the requirements	1668
of this section, those regulations shall supersede the	1669
requirements of this section. Each chartered nonpublic school	1670
shall comply with the regulations, regardless of whether the	1671
United States department of agriculture applies the regulations to	1672
nonpublic schools.	1673

(E) The department shall determine whether each public and	1674
chartered nonpublic school is in compliance with this section or	1675
any federal regulations described in division (D) of this section.	1676
The department may make that determination in conjunction with any	1677
regular review of the school food service program operated by the	1678
school, provided that the review is conducted at least once every	1679
five years.	1680

Sec. 3314.03.  A copy of every contract entered into under	1681
this section shall be filed with the superintendent of public	1682
instruction.	1683

(A) Each contract entered into between a sponsor and the	1684
governing authority of a community school shall specify the	1685
following:	1686

(1) That the school shall be established as either of the	1687
following:	1688

(a) A nonprofit corporation established under Chapter 1702.	1689
of the Revised Code, if established prior to April 8, 2003;	1690

(b) A public benefit corporation established under Chapter	1691
1702. of the Revised Code, if established after April 8, 2003;.	1692

(2) The education program of the school, including the	1693
school's mission, the characteristics of the students the school	1694
is expected to attract, the ages and grades of students, and the	1695
focus of the curriculum;	1696

(3) The academic goals to be achieved and the method of	1697
measurement that will be used to determine progress toward those	1698
goals, which shall include the statewide achievement assessments;	1699

(4) Performance standards by which the success of the school	1700
will be evaluated by the sponsor;	1701

(5) The admission standards of section 3314.06 of the Revised	1702
Code and, if applicable, section 3314.061 of the Revised Code;	1703

(6)(a) Dismissal procedures;

1704

(b) A requirement that the governing authority adopt an	1705
attendance policy that includes a procedure for automatically	1706
withdrawing a student from the school if the student without a	1707
legitimate excuse fails to participate in one hundred five	1708
consecutive hours of the learning opportunities offered to the	1709
student.	1710

(7) The ways by which the school will achieve racial and	1711
ethnic balance reflective of the community it serves;	1712

(8) Requirements for financial audits by the auditor of	1713
state. The contract shall require financial records of the school	1714
to be maintained in the same manner as are financial records of	1715
school districts, pursuant to rules of the auditor of state.	1716
Audits shall be conducted in accordance with section 117.10 of	1717
the Revised Code.	1718

(9) The facilities to be used and their locations;

1719

(10) Qualifications of teachers, including athe following:

1720

(a) A requirement that the school's classroom teachers be	1721
licensed in accordance with sections 3319.22 to 3319.31 of the	1722
Revised Code, except that a community school may engage	1723
noncertificated persons to teach up to twelve hours per week	1724
pursuant to section 3319.301 of the Revised Code;	1725

(b) A requirement that each classroom teacher employed by the	1726
school on or after July 1, 2013, to provide instruction in	1727
physical education hold a valid license issued pursuant to	1728
sections 3319.22 and 3319.224 of the Revised Code for teaching	1729
physical education.	1730

(11) That the school will comply with the following	1731
requirements:	1732

(a) The school will provide learning opportunities to a	1733
minimum of twenty-five students for a minimum of nine hundred	1734
twenty hours per school year.	1735

(b) The governing authority will purchase liability	1736
insurance, or otherwise provide for the potential liability of the	1737
school.	1738

(c) The school will be nonsectarian in its programs,	1739
admission policies, employment practices, and all other	1740
operations, and will not be operated by a sectarian school or	1741
religious institution.	1742

(d) The school will comply with division (A)(3) of section	1743
3301.079 of the Revised Code and sections 9.90, 9.91, 109.65,	1744
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	1745
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	1746
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6016, 3313.643,	1747
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	1748
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	1749
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,	1750
3314.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	1751
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	1752
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	1753
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	1754
4123., 4141., and 4167. of the Revised Code as if it were a	1755
school district and will comply with section 3301.0714 of the	1756
Revised Code in the manner specified in section 3314.17 of	1757
the Revised Code.	1758

(e) The school shall comply with Chapter 102. and section	1759
2921.42 of the Revised Code.	1760

(f) The school will comply with sections 3313.61, 3313.611,	1761
and 3313.614 of the Revised Code, except that for students who	1762
enter ninth grade for the first time before July 1, 2010, the	1763
requirement in sections 3313.61 and 3313.611 of the Revised Code	1764
that a person must successfully complete the curriculum in any	1765
high school prior to receiving a high school diploma may be met by	1766
completing the curriculum adopted by the governing authority of	1767
the community school rather than the curriculum specified in Title	1768
XXXIII of the Revised Code or any rules of the state board of	1769
education. Beginning with students who enter ninth grade for the	1770
first time on or after July 1, 2010, the requirement in sections	1771
3313.61 and 3313.611 of the Revised Code that a person must	1772
successfully complete the curriculum of a high school prior to	1773
receiving a high school diploma shall be met by completing the	1774
Ohio core curriculum prescribed in division (C) of section	1775
3313.603 of the Revised Code, unless the person qualifies under	1776
division (D) or (F) of that section. Each school shall comply with	1777
the plan for awarding high school credit based on demonstration of	1778
subject area competency, adopted by the state board of education	1779
under division (J) of section 3313.603 of the Revised Code.	1780

(g) The school governing authority will submit within four	1781
months after the end of each school year a report of its	1782
activities and progress in meeting the goals and standards of	1783
divisions (A)(3) and (4) of this section and its financial status	1784
to the sponsor and the parents of all students enrolled in the	1785
school.	1786

(h) The school, unless it is an internet- or computer-based	1787
community school, will comply with section 3313.801 of the Revised	1788
Code as if it were a school district.	1789

(12) Arrangements for providing health and other benefits to	1790
employees;	1791

(13) The length of the contract, which shall begin at the	1792
beginning of an academic year. No contract shall exceed five	1793
years unless such contract has been renewed pursuant to division	1794
(E) of this section.	1795

(14) The governing authority of the school, which shall be	1796
responsible for carrying out the provisions of the contract;	1797

(15) A financial plan detailing an estimated school budget	1798
for each year of the period of the contract and specifying the	1799
total estimated per pupil expenditure amount for each such year.	1800
The plan shall specify for each year the base formula amount that	1801
will be used for purposes of funding calculations under section	1802
3314.08 of the Revised Code. This base formula amount for any year	1803
shall not exceed the formula amount defined under section 3317.02	1804
of the Revised Code. The plan may also specify for any year a	1805
percentage figure to be used for reducing the per pupil amount of	1806
the subsidy calculated pursuant to section 3317.029 of the Revised	1807
Code the school is to receive that year under section 3314.08 of	1808
the Revised Code.	1809

(16) Requirements and procedures regarding the disposition of	1810
employees of the school in the event the contract is terminated or	1811
not renewed pursuant to section 3314.07 of the Revised Code;	1812

(17) Whether the school is to be created by converting all or	1813
part of an existing public school or educational service center	1814
building or is to be a new start-up school, and if it is a	1815
converted public school or service center building, specification	1816
of any duties or responsibilities of an employer that the board of	1817
education or service center governing board that operated the	1818
school or building before conversion is delegating to the	1819
governing authority of the community school with respect to all	1820
or any specified group of employees provided the delegation is	1821
not prohibited by a collective bargaining agreement applicable to	1822
such employees;	1823

(18) Provisions establishing procedures for resolving	1824
disputes or differences of opinion between the sponsor and the	1825
governing authority of the community school;	1826

(19) A provision requiring the governing authority to adopt a	1827
policy regarding the admission of students who reside outside the	1828
district in which the school is located. That policy shall comply	1829
with the admissions procedures specified in sections 3314.06 and	1830
3314.061 of the Revised Code and, at the sole discretion of the	1831
authority, shall do one of the following:	1832

(a) Prohibit the enrollment of students who reside outside	1833
the district in which the school is located;	1834

(b) Permit the enrollment of students who reside in districts	1835
adjacent to the district in which the school is located;	1836

(c) Permit the enrollment of students who reside in any other	1837
district in the state.	1838

(20) A provision recognizing the authority of the department	1839
of education to take over the sponsorship of the school in	1840
accordance with the provisions of division (C) of section 3314.015	1841
of the Revised Code;	1842

(21) A provision recognizing the sponsor's authority to	1843
assume the operation of a school under the conditions specified in	1844
division (B) of section 3314.073 of the Revised Code;	1845

(22) A provision recognizing both of the following:

1846

(a) The authority of public health and safety officials to	1847
inspect the facilities of the school and to order the facilities	1848
closed if those officials find that the facilities are not in	1849
compliance with health and safety laws and regulations;	1850

(b) The authority of the department of education as the	1851
community school oversight body to suspend the operation of the	1852
school under section 3314.072 of the Revised Code if the	1853
department has evidence of conditions or violations of law at the	1854
school that pose an imminent danger to the health and safety of	1855
the school's students and employees and the sponsor refuses to	1856
take such action;	1857

(23) A description of the learning opportunities that will be	1858
offered to students including both classroom-based and	1859
non-classroom-based learning opportunities that is in compliance	1860
with criteria for student participation established by the	1861
department under division (L)(2) of section 3314.08 of the	1862
Revised Code;	1863

(24) The school will comply with sections 3302.04 and	1864
3302.041 of the Revised Code, except that any action required to	1865
be taken by a school district pursuant to those sections shall	1866
be taken by the sponsor of the school. However, the sponsor	1867
shall not be required to take any action described in division	1868
(F) of section 3302.04 of the Revised Code.	1869

(25) Beginning in the 2006-2007 school year, the school will	1870
open for operation not later than the thirtieth day of September	1871
each school year, unless the mission of the school as specified	1872
under division (A)(2) of this section is solely to serve dropouts.	1873
In its initial year of operation, if the school fails to open by	1874
the thirtieth day of September, or within one year after the	1875
adoption of the contract pursuant to division (D) of section	1876
3314.02 of the Revised Code if the mission of the school is solely	1877
to serve dropouts, the contract shall be void.	1878

(B) The community school shall also submit to the sponsor a	1879
comprehensive plan for the school. The plan shall specify the	1880
following:	1881

(1) The process by which the governing authority of the	1882
school will be selected in the future;	1883

(2) The management and administration of the school;

1884

(3) If the community school is a currently existing public	1885
school or educational service center building, alternative	1886
arrangements for current public school students who choose not to	1887
attend the converted school and for teachers who choose not to	1888
teach in the school or building after conversion;	1889

(4) The instructional program and educational philosophy of	1890
the school;	1891

(5) Internal financial controls.

1892

(C) A contract entered into under section 3314.02 of the	1893
Revised Code between a sponsor and the governing authority of a	1894
community school may provide for the community school governing	1895
authority to make payments to the sponsor, which is hereby	1896
authorized to receive such payments as set forth in the contract	1897
between the governing authority and the sponsor. The total amount	1898
of such payments for oversight and monitoring of the school shall	1899
not exceed three per cent of the total amount of payments for	1900
operating expenses that the school receives from the state.	1901

(D) The contract shall specify the duties of the sponsor	1902
which shall be in accordance with the written agreement entered	1903
into with the department of education under division (B) of	1904
section 3314.015 of the Revised Code and shall include the	1905
following:	1906

(1) Monitor the community school's compliance with all laws	1907
applicable to the school and with the terms of the contract;	1908

(2) Monitor and evaluate the academic and fiscal performance	1909
and the organization and operation of the community school on at	1910
least an annual basis;	1911

(3) Report on an annual basis the results of the evaluation	1912
conducted under division (D)(2) of this section to the department	1913
of education and to the parents of students enrolled in the	1914
community school;	1915

(4) Provide technical assistance to the community school in	1916
complying with laws applicable to the school and terms of the	1917
contract;	1918

(5) Take steps to intervene in the school's operation to	1919
correct problems in the school's overall performance, declare the	1920
school to be on probationary status pursuant to section 3314.073	1921
of the Revised Code, suspend the operation of the school pursuant	1922
to section 3314.072 of the Revised Code, or terminate the contract	1923
of the school pursuant to section 3314.07 of the Revised Code as	1924
determined necessary by the sponsor;	1925

(6) Have in place a plan of action to be undertaken in the	1926
event the community school experiences financial difficulties or	1927
closes prior to the end of a school year.	1928

(E) Upon the expiration of a contract entered into under this	1929
section, the sponsor of a community school may, with the approval	1930
of the governing authority of the school, renew that contract for	1931
a period of time determined by the sponsor, but not ending earlier	1932
than the end of any school year, if the sponsor finds that the	1933
school's compliance with applicable laws and terms of the contract	1934
and the school's progress in meeting the academic goals prescribed	1935
in the contract have been satisfactory. Any contract that is	1936
renewed under this division remains subject to the provisions of	1937
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	1938

(F) If a community school fails to open for operation within	1939
one year after the contract entered into under this section is	1940
adopted pursuant to division (D) of section 3314.02 of the Revised	1941
Code or permanently closes prior to the expiration of the	1942
contract, the contract shall be void and the school shall not	1943
enter into a contract with any other sponsor. A school shall not	1944
be considered permanently closed because the operations of the	1945
school have been suspended pursuant to section 3314.072 of the	1946
Revised Code. Any contract that becomes void under this division	1947
shall not count toward any statewide limit on the number of such	1948
contracts prescribed by section 3314.013 of the Revised Code.	1949

Sec. 3314.18. (A) Subject to division (C) of this section,	1950
the governing boardauthority of each community school shall	1951
establish a breakfast program pursuant to the "National School	1952
Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and	1953
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771,	1954
as amended, if at least one-fifth of the pupils in the school are	1955
eligible under federal requirements for free breakfasts, and shall	1956
establish a lunch program pursuant to those acts if at least	1957
one-fifth of the pupils are eligible for free lunches. The	1958
governing boardauthority required to establish a breakfast	1959
program under this division may make a charge in accordance with	1960
federal requirements for each reduced price breakfast or paid	1961
breakfast to cover the cost incurred in providing that meal.	1962

(B) Subject to division (C) of this section, the governing	1963
boardauthority of each community school shall establish one of	1964
the following for summer intervention services described in	1965
division (D) of section 3301.0711 and section 3313.608 of the	1966
Revised Code and any other summer intervention program required by	1967
law:	1968

(1) An extension of the school breakfast program pursuant to	1969
the "National School Lunch Act" and the "Child Nutrition Act of	1970
1966";	1971

(2) An extension of the school lunch program pursuant to	1972
those acts;	1973

(3) A summer food service program pursuant to those acts.

1974

(C) If the governing boardauthority of a community school	1975
determines that, for financial reasons, it cannot comply with	1976
division (A) or (B) of this section, the governing boardauthority	1977
may choose not to comply with either or both divisions. In that	1978
case, the governing boardauthority shall communicate to the	1979
parents of its students, in the manner it determines appropriate,	1980
its decision not to comply.	1981

(D) The governing boardauthority of each community school	1982
required to establish a school breakfast, school lunch, or summer	1983
food service program under this section shall apply for state and	1984
federal funds allocated by the state board of education under	1985
division (B) of section 3313.813 of the Revised Code and shall	1986
comply with the state board's standards adopted under that	1987
division.	1988

(E) The governing authority of any community school required	1989
to establish a breakfast program under this section or that elects	1990
to participate in a breakfast program pursuant to the "National	1991
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	1992
breakfast to pupils in their classrooms during the school day.	1993

(F) Notwithstanding anything in this section to the contrary,	1994
in each fiscal year in which the general assembly appropriates	1995
funds for purposes of this division, the governing authority of	1996
each community school required to establish a breakfast program	1997
under this section or that elects to participate in a breakfast	1998
program pursuant to the "National School Lunch Act" and the "Child	1999
Nutrition Act of 1966" shall provide a breakfast free of charge to	2000
each pupil who is eligible under federal requirements for a	2001
reduced price breakfast.	2002

(G) This section does not apply to internet- or	2003
computer-based community schools.	2004

Sec. 3319.076.  No school district shall employ any classroom	2005
teacher on or after July 1, 2013, to provide instruction in	2006
physical education in any of grades kindergarten through twelve	2007
unless the teacher holds a valid license issued pursuant to	2008
sections 3319.22 and 3319.227 of the Revised Code for teaching	2009
physical education.	2010

Sec. 3319.227.  Not later than December 31, 2010, the state	2011
board of education shall develop certification requirements for	2012
physical education teachers pursuant to section 3319.22 of the	2013
Revised Code.	2014

Sec. 3326.11. Each science, technology, engineering, and	2015
mathematics school established under this chapter and its	2016
governing body shall comply with division (A)(3) of section	2017
3301.079 of the Revised Code and sections 9.90, 9.91, 109.65,	2018
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	2019
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	2020
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	2021
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	2022
3313.6015, 3313.6016, 3313.61, 3313.611, 3313.614, 3313.615,	2023
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	2024
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.674,	2025
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	2026
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96,	2027
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39,	2028
3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13,	2029
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	2030
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	2031
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	2032
the Revised Code as if it were a school district.	2033

Sec. 3326.13. (A) Teachers employed by a science, technology,	2034
engineering, and mathematics school shall be highly qualified	2035
teachers, as defined in section 3319.074 of the Revised Code, and	2036
shall be licensed under sections 3319.22 to 3319.31 of the	2037
Revised Code and rules of the state board of education	2038
implementing those sections.	2039

(B) No STEM school shall employ any classroom teacher on or	2040
after July 1, 2013, to provide instruction in physical education	2041
unless the teacher holds a valid license issued pursuant to	2042
sections 3319.22 and 3319.227 of the Revised Code for teaching	2043
physical education.	2044

Section 2.  That existing sections 3301.079, 3301.0714,	2045
3302.02, 3302.03, 3313.603, 3313.813, 3313.814, 3314.03,	2046
3314.18, 3326.11, and 3326.13 of the Revised Code are hereby	2047
repealed.	2048

Section 3.  The amendment or enactment by this act of	2049
sections 3313.814, 3313.816, and 3313.817 of the Revised Code and	2050
the amendments to sections 3314.03 and 3326.11 of the Revised Code	2051
that insert "3313.814, 3313.816, 3313.817," take effect the first	2052
day of July following the effective date of this section.	2053

Section 4.  (A) Any school district or public or chartered	2054
nonpublic school that, prior to the effective date of this act,	2055
entered into a contract with a producer or distributor of a food	2056
or beverage that requires the sale of the food or beverage to	2057
students in violation of sections 3313.814, 3313.816, or 3313.817	2058
of the Revised Code, as amended or enacted by this act, after the	2059
effective date of those sections shall not be required to comply	2060
with those sections until the expiration of the contract. Any	2061
renewal of that contract shall comply with those sections.	2062

(B) Any contract between a school district or public or	2063
chartered nonpublic school and a producer or distributor of a food	2064
or beverage that is entered into between the effective date of	2065
this act and the first day of July following that date shall	2066
comply with sections 3313.814, 3313.816, and 3313.817 of the	2067
Revised Code, as amended or enacted by this act, with respect to	2068
the school year beginning that first day of July and any	2069
subsequent school year covered by the contract.	2070

Section 5.  Within thirty days after the effective date of	2071
this section, the Governor, the President of the Senate, and the	2072
Speaker of the House of Representatives shall appoint members to	2073
the Healthy Choices for Healthy Children Council established by	2074
section 3301.92 of the Revised Code, as enacted by this act.	2075