As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 167


Senator Cates 

Cosponsors: Senators Jones, Hughes, Seitz, Husted 

A BILL
To amend section 3302.03 of the Revised Code to 1
revise the performance ratings for school 2
districts and buildings.3


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

       Section 1. That section 3302.03 of the Revised Code be 4
amended to read as follows:5

       Sec. 3302.03.  (A) Annually the department of education shall 6
report for each school district and each school building in a 7
district all of the following:8

       (1) The extent to which the school district or building meets 9
each of the applicable performance indicators created by the state10
board of education under section 3302.02 of the Revised Code and 11
the number of applicable performance indicators that have been12
achieved;13

       (2) The performance index score of the school district or 14
building;15

       (3) Whether the school district or building has made adequate 16
yearly progress;17

       (4) Whether the school district or building is excellent, 18
effective, needs continuous improvement, is under an academic19
watch, or is in a state of academic emergency.20

       (B) Except as otherwise provided in divisionsdivision (B)(6) 21
and (7) of this section:22

       (1) A school district or building shall be declared excellent 23
if it fulfills one of the following requirements:24

       (a) It makes adequate yearly progress and either meets at 25
least ninety-four per cent of the applicable state performance 26
indicators or has a performance index score established by the 27
department.28

       (b) It has failed to make adequate yearly progress for not 29
more than two consecutive years and either meets at least 30
ninety-four per cent of the applicable state performance 31
indicators or has a performance index score established by the 32
department, except that if it does not make adequate yearly 33
progress for two or more of the same subgroups for three or more 34
consecutive years, it shall be declared effective.35

       (2) A school district or building shall be declared effective 36
if it fulfills one of the following requirements:37

       (a) It makes adequate yearly progress and either meets at 38
least seventy-five per cent but less than ninety-four per cent of39
the applicable state performance indicators or has a performance 40
index score established by the department.41

       (b) It does not make adequate yearly progress and either 42
meets at least seventy-five per cent of the applicable state 43
performance indicators or has a performance index score 44
established by the department, except that if it does not make 45
adequate yearly progress for two or more of the same subgroups for46
three or more consecutive years, it shall be declared in need of 47
continuous improvement.48

       (3) A school district or building shall be declared to be in49
need of continuous improvement if it fulfills one of the following 50
requirements:51

       (a) It makes adequate yearly progress, meets at least 52
thirty-one per cent but less than seventy-five per cent of the53
applicable state performance indicators, and has a performance 54
index score established by the department.55

       (b) It does not make adequate yearly progress and either 56
meets at least fifty per cent but less than seventy-five per cent 57
of the applicable state performance indicators or has a 58
performance index score established by the department.59

       (4) A school district or building shall be declared to be60
under an academic watch if it fulfills one of the following 61
requirements:62

       (a) It makes adequate yearly progress, does not meet at least 63
thirty-one per cent of the applicable state performance 64
indicators, and has a performance index score established by the 65
department.66

       (b) It does not make adequate yearly progress and either 67
meets at least thirty-one per cent but less than fifty per cent 68
of the applicable state performance indicators or has a 69
performance index score established by the department.70

       (5) A school district or building shall be declared to be in71
a state of academic emergency if it does not make adequate yearly 72
progress, does not meet at least thirty-one per cent of the73
applicable state performance indicators, and has a performance 74
index score established by the department.75

       (6) When designating performance ratings for school districts 76
and buildings under divisions (B)(1) to (5) of this section, the 77
department shall not assign a school district or building a lower 78
designation from its previous year's designation based solely on 79
one subgroup not making adequate yearly progress.80

       (7) Division (B)(7)(6) of this section does not apply to any 81
community school established under Chapter 3314. of the Revised 82
Code in which a majority of the students are enrolled in a dropout 83
prevention and recovery program.84

        A school district or building shall not be assigned a higher 85
performance rating than in need of continuous improvement if at 86
least ten per cent but not more than fifteen per cent of the 87
enrolled students do not take all achievement assessments 88
prescribed for their grade level under division (A)(1) or (B)(1) 89
of section 3301.0710 of the Revised Code from which they are 90
not excused pursuant to division (C)(1) or (3) of section 91
3301.0711 of the Revised Code. A school district or building 92
shall not be assigned a higher performance rating than under an 93
academic watch if more than fifteen per cent but not more than 94
twenty per cent of the enrolled students do not take all 95
achievement assessments prescribed for their grade level under 96
division (A)(1) or (B)(1) of section 3301.0710 of the Revised 97
Code from which they are not excused pursuant to division 98
(C)(1) or (3) of section 3301.0711 of the Revised Code. A 99
school district or building shall not be assigned a higher 100
performance rating than in a state of academic emergency if more 101
than twenty per cent of the enrolled students do not take all 102
achievement assessments prescribed for their grade level under 103
division (A)(1) or (B)(1) of section 3301.0710 of the Revised 104
Code from which they are not excused pursuant to division 105
(C)(1) or (3) of section 3301.0711 of the Revised Code.106

       (C)(1) The department shall issue annual report cards for107
each school district, each building within each district, and for108
the state as a whole reflecting performance on the indicators109
created by the state board under section 3302.02 of the Revised110
Code, the performance index score, and adequate yearly progress.111

       (2) The department shall include on the report card for each112
district information pertaining to any change from the previous113
year made by the school district or school buildings within the114
district on any performance indicator.115

       (3) When reporting data on student performance, the116
department shall disaggregate that data according to the following117
categories:118

       (a) Performance of students by age group;119

       (b) Performance of students by race and ethnic group;120

       (c) Performance of students by gender;121

       (d) Performance of students grouped by those who have been122
enrolled in a district or school for three or more years;123

       (e) Performance of students grouped by those who have been124
enrolled in a district or school for more than one year and less125
than three years;126

       (f) Performance of students grouped by those who have been127
enrolled in a district or school for one year or less;128

       (g) Performance of students grouped by those who are129
economically disadvantaged;130

       (h) Performance of students grouped by those who are enrolled131
in a conversion community school established under Chapter 3314.132
of the Revised Code;133

       (i) Performance of students grouped by those who are 134
classified as limited English proficient;135

       (j) Performance of students grouped by those who have 136
disabilities;137

       (k) Performance of students grouped by those who are 138
classified as migrants;139

       (l) Performance of students grouped by those who are 140
identified as gifted pursuant to Chapter 3324. of the Revised 141
Code.142

       The department may disaggregate data on student performance143
according to other categories that the department determines are144
appropriate. To the extent possible, the department shall 145
disaggregate data on student performance according to any 146
combinations of two or more of the categories listed in divisions 147
(C)(3)(a) to (l) of this section that it deems relevant.148

       In reporting data pursuant to division (C)(3) of this149
section, the department shall not include in the report cards any150
data statistical in nature that is statistically unreliable or151
that could result in the identification of individual students. 152
For this purpose, the department shall not report student 153
performance data for any group identified in division (C)(3) of 154
this section that contains less than ten students.155

       (4) The department may include with the report cards any156
additional education and fiscal performance data it deems157
valuable.158

       (5) The department shall include on each report card a list159
of additional information collected by the department that is160
available regarding the district or building for which the report161
card is issued. When available, such additional information shall162
include student mobility data disaggregated by race and163
socioeconomic status, college enrollment data, and the reports164
prepared under section 3302.031 of the Revised Code.165

       The department shall maintain a site on the world wide web.166
The report card shall include the address of the site and shall167
specify that such additional information is available to the168
public at that site. The department shall also provide a copy of169
each item on the list to the superintendent of each school170
district. The district superintendent shall provide a copy of any171
item on the list to anyone who requests it.172

       (6)(a) This division does not apply to conversion community 173
schools that primarily enroll students between sixteen and 174
twenty-two years of age who dropped out of high school or are at 175
risk of dropping out of high school due to poor attendance, 176
disciplinary problems, or suspensions.177

       For any district that sponsors a conversion community school 178
under Chapter 3314. of the Revised Code, the department shall 179
combine data regarding the academic performance of students180
enrolled in the community school with comparable data from the181
schools of the district for the purpose of calculating the182
performance of the district as a whole on the report card issued183
for the district.184

       (b) Any district that leases a building to a community school 185
located in the district or that enters into an agreement with a 186
community school located in the district whereby the district and 187
the school endorse each other's programs may elect to have data 188
regarding the academic performance of students enrolled in the 189
community school combined with comparable data from the schools of 190
the district for the purpose of calculating the performance of the 191
district as a whole on the district report card. Any district that 192
so elects shall annually file a copy of the lease or agreement 193
with the department.194

       (7) The department shall include on each report card the 195
percentage of teachers in the district or building who are highly 196
qualified, as defined by the "No Child Left Behind Act of 2001," 197
and a comparison of that percentage with the percentages of such 198
teachers in similar districts and buildings.199

       (8) The department shall include on the report card the 200
number of lead teachers employed by each district and each 201
building once the data is available from the education management 202
information system established under section 3301.0714 of the 203
Revised Code.204

       (D)(1) In calculating English language arts, mathematics, 205
social studies, or science assessment passage rates used to 206
determine school district or building performance under this207
section, the department shall include all students taking an 208
assessment with accommodation or to whom an alternate assessment 209
is administered pursuant to division (C)(1) or (3) of section 210
3301.0711 of the Revised Code.211

        (2) In calculating performance index scores, rates of 212
achievement on the performance indicators established by the state 213
board under section 3302.02 of the Revised Code, and adequate 214
yearly progress for school districts and buildings under this 215
section, the department shall do all of the following:216

       (a) Include for each district or building only those students 217
who are included in the ADM certified for the first full school 218
week of October and are continuously enrolled in the district or 219
building through the time of the spring administration of any 220
assessment prescribed by division (A)(1) or (B)(1) of section 221
3301.0710 of the Revised Code that is administered to the 222
student's grade level;223

       (b) Include cumulative totals from both the fall and spring 224
administrations of the third grade English language arts 225
achievement assessment;226

       (c) Except as required by the "No Child Left Behind Act of 227
2001" for the calculation of adequate yearly progress, exclude for 228
each district or building any limited English proficient student 229
who has been enrolled in United States schools for less than one 230
full school year.231

       Section 2. That existing section 3302.03 of the Revised Code 232
is hereby repealed.233