As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 207

Senator Sawyer 

Cosponsors: Senators Turner, Cafaro, Schiavoni, Morano 

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A BILL

To amend sections 3301.0714 and 3314.013, to enact

1

sections 3301.94, 3314.23, and 3333.0410, and to

2

repeal section 3314.033 of the Revised Code to

3

lift the moratorium on Internet- or computer-based

4

community schools, to require the State Board of

5

Education to adopt by rule its recommended

6

standards for those schools and other electronic

7

educational courses, to permit the Department of

8

Education and the Chancellor of the Board of

9

Regents to establish a longitudinal student data

10

system and to declare an emergency.

11

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

Section 1.  That sections 3301.0714 and 3314.013 be amended	12
and sections 3301.94, 3314.23, and 3333.0410 of the Revised Code	13
be enacted to read as follows:	14

Sec. 3301.0714.  (A) The state board of education shall adopt	15
rules for a statewide education management information system. The	16
rules shall require the state board to establish guidelines for	17
the establishment and maintenance of the system in accordance with	18
this section and the rules adopted under this section. The	19
guidelines shall include:	20

(1) Standards identifying and defining the types of data in	21
the system in accordance with divisions (B) and (C) of this	22
section;	23

(2) Procedures for annually collecting and reporting the data	24
to the state board in accordance with division (D) of this	25
section;	26

(3) Procedures for annually compiling the data in accordance	27
with division (G) of this section;	28

(4) Procedures for annually reporting the data to the public	29
in accordance with division (H) of this section.	30

(B) The guidelines adopted under this section shall require	31
the data maintained in the education management information system	32
to include at least the following:	33

(1) Student participation and performance data, for each	34
grade in each school district as a whole and for each grade in	35
each school building in each school district, that includes:	36

(a) The numbers of students receiving each category of	37
instructional service offered by the school district, such as	38
regular education instruction, vocational education instruction,	39
specialized instruction programs or enrichment instruction that is	40
part of the educational curriculum, instruction for gifted	41
students, instruction for students with disabilities, and	42
remedial instruction. The guidelines shall require instructional	43
services under this division to be divided into discrete	44
categories if an instructional service is limited to a specific	45
subject, a specific type of student, or both, such as regular	46
instructional services in mathematics, remedial reading	47
instructional services, instructional services specifically for	48
students gifted in mathematics or some other subject area, or	49
instructional services for students with a specific type of	50
disability. The categories of instructional services required by	51
the guidelines under this division shall be the same as the	52
categories of instructional services used in determining cost	53
units pursuant to division (C)(3) of this section.	54

(b) The numbers of students receiving support or	55
extracurricular services for each of the support services or	56
extracurricular programs offered by the school district, such as	57
counseling services, health services, and extracurricular sports	58
and fine arts programs. The categories of services required by the	59
guidelines under this division shall be the same as the categories	60
of services used in determining cost units pursuant to division	61
(C)(4)(a) of this section.	62

(c) Average student grades in each subject in grades nine	63
through twelve;	64

(d) Academic achievement levels as assessed under sections	65
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	66

(e) The number of students designated as having a disabling	67
condition pursuant to division (C)(1) of section 3301.0711 of the	68
Revised Code;	69

(f) The numbers of students reported to the state board	70
pursuant to division (C)(2) of section 3301.0711 of the Revised	71
Code;	72

(g) Attendance rates and the average daily attendance for the	73
year. For purposes of this division, a student shall be counted as	74
present for any field trip that is approved by the school	75
administration.	76

(h) Expulsion rates;

77

(i) Suspension rates;

78

(j) Dropout rates;

79

(k) Rates of retention in grade;

80

(l) For pupils in grades nine through twelve, the average	81
number of carnegie units, as calculated in accordance with state	82
board of education rules;	83

(m) Graduation rates, to be calculated in a manner specified	84
by the department of education that reflects the rate at which	85
students who were in the ninth grade three years prior to the	86
current year complete school and that is consistent with	87
nationally accepted reporting requirements;	88

(n) Results of diagnostic assessments administered to	89
kindergarten students as required under section 3301.0715 of the	90
Revised Code to permit a comparison of the academic readiness of	91
kindergarten students. However, no district shall be required to	92
report to the department the results of any diagnostic assessment	93
administered to a kindergarten student if the parent of that	94
student requests the district not to report those results.	95

(2) Personnel and classroom enrollment data for each school	96
district, including:	97

(a) The total numbers of licensed employees and nonlicensed	98
employees and the numbers of full-time equivalent licensed	99
employees and nonlicensed employees providing each category of	100
instructional service, instructional support service, and	101
administrative support service used pursuant to division (C)(3) of	102
this section. The guidelines adopted under this section shall	103
require these categories of data to be maintained for the school	104
district as a whole and, wherever applicable, for each grade in	105
the school district as a whole, for each school building as a	106
whole, and for each grade in each school building.	107

(b) The total number of employees and the number of full-time	108
equivalent employees providing each category of service used	109
pursuant to divisions (C)(4)(a) and (b) of this section, and the	110
total numbers of licensed employees and nonlicensed employees and	111
the numbers of full-time equivalent licensed employees and	112
nonlicensed employees providing each category used pursuant to	113
division (C)(4)(c) of this section. The guidelines adopted under	114
this section shall require these categories of data to be	115
maintained for the school district as a whole and, wherever	116
applicable, for each grade in the school district as a whole, for	117
each school building as a whole, and for each grade in each school	118
building.	119

(c) The total number of regular classroom teachers teaching	120
classes of regular education and the average number of pupils	121
enrolled in each such class, in each of grades kindergarten	122
through five in the district as a whole and in each school	123
building in the school district.	124

(d) The number of lead teachers employed by each school	125
district and each school building.	126

(3)(a) Student demographic data for each school district,	127
including information regarding the gender ratio of the school	128
district's pupils, the racial make-up of the school district's	129
pupils, the number of limited English proficient students in the	130
district, and an appropriate measure of the number of the school	131
district's pupils who reside in economically disadvantaged	132
households. The demographic data shall be collected in a manner to	133
allow correlation with data collected under division (B)(1) of	134
this section. Categories for data collected pursuant to division	135
(B)(3) of this section shall conform, where appropriate, to	136
standard practices of agencies of the federal government.	137

(b) With respect to each student entering kindergarten,	138
whether the student previously participated in a public preschool	139
program, a private preschool program, or a head start program, and	140
the number of years the student participated in each of these	141
programs.	142

(4) Any data required to be collected pursuant to federal	143
law.	144

(C) The education management information system shall include	145
cost accounting data for each district as a whole and for each	146
school building in each school district. The guidelines adopted	147
under this section shall require the cost data for each school	148
district to be maintained in a system of mutually exclusive cost	149
units and shall require all of the costs of each school district	150
to be divided among the cost units. The guidelines shall require	151
the system of mutually exclusive cost units to include at least	152
the following:	153

(1) Administrative costs for the school district as a whole.	154
The guidelines shall require the cost units under this division	155
(C)(1) to be designed so that each of them may be compiled and	156
reported in terms of average expenditure per pupil in formula ADM	157
in the school district, as determined pursuant to section 3317.03	158
of the Revised Code.	159

(2) Administrative costs for each school building in the	160
school district. The guidelines shall require the cost units under	161
this division (C)(2) to be designed so that each of them may be	162
compiled and reported in terms of average expenditure per	163
full-time equivalent pupil receiving instructional or support	164
services in each building.	165

(3) Instructional services costs for each category of	166
instructional service provided directly to students and required	167
by guidelines adopted pursuant to division (B)(1)(a) of this	168
section. The guidelines shall require the cost units under	169
division (C)(3) of this section to be designed so that each of	170
them may be compiled and reported in terms of average expenditure	171
per pupil receiving the service in the school district as a whole	172
and average expenditure per pupil receiving the service in each	173
building in the school district and in terms of a total cost for	174
each category of service and, as a breakdown of the total cost, a	175
cost for each of the following components:	176

(a) The cost of each instructional services category required	177
by guidelines adopted under division (B)(1)(a) of this section	178
that is provided directly to students by a classroom teacher;	179

(b) The cost of the instructional support services, such as	180
services provided by a speech-language pathologist, classroom	181
aide, multimedia aide, or librarian, provided directly to students	182
in conjunction with each instructional services category;	183

(c) The cost of the administrative support services related	184
to each instructional services category, such as the cost of	185
personnel that develop the curriculum for the instructional	186
services category and the cost of personnel supervising or	187
coordinating the delivery of the instructional services category.	188

(4) Support or extracurricular services costs for each	189
category of service directly provided to students and required by	190
guidelines adopted pursuant to division (B)(1)(b) of this section.	191
The guidelines shall require the cost units under division (C)(4)	192
of this section to be designed so that each of them may be	193
compiled and reported in terms of average expenditure per pupil	194
receiving the service in the school district as a whole and	195
average expenditure per pupil receiving the service in each	196
building in the school district and in terms of a total cost for	197
each category of service and, as a breakdown of the total cost, a	198
cost for each of the following components:	199

(a) The cost of each support or extracurricular services	200
category required by guidelines adopted under division (B)(1)(b)	201
of this section that is provided directly to students by a	202
licensed employee, such as services provided by a guidance	203
counselor or any services provided by a licensed employee under a	204
supplemental contract;	205

(b) The cost of each such services category provided directly	206
to students by a nonlicensed employee, such as janitorial	207
services, cafeteria services, or services of a sports trainer;	208

(c) The cost of the administrative services related to each	209
services category in division (C)(4)(a) or (b) of this section,	210
such as the cost of any licensed or nonlicensed employees that	211
develop, supervise, coordinate, or otherwise are involved in	212
administering or aiding the delivery of each services category.	213

(D)(1) The guidelines adopted under this section shall	214
require school districts to collect information about individual	215
students, staff members, or both in connection with any data	216
required by division (B) or (C) of this section or other reporting	217
requirements established in the Revised Code. The guidelines may	218
also require school districts to report information about	219
individual staff members in connection with any data required by	220
division (B) or (C) of this section or other reporting	221
requirements established in the Revised Code. The guidelines shall	222
not authorize school districts to request social security numbers	223
of individual students. The guidelines shall prohibit the	224
reporting under this section of a student's name, address, and	225
social security number to the state board of education or the	226
department of education. The guidelines shall also prohibit the	227
reporting under this section of any personally identifiable	228
information about any student, except for the purpose of assigning	229
the data verification code required by division (D)(2) of this	230
section, to any other person unless such person is employed by the	231
school district or the information technology center operated	232
under section 3301.075 of the Revised Code and is authorized by	233
the district or technology center to have access to such	234
information or is employed by an entity with which the department	235
contracts for the scoring of assessments administered under	236
section 3301.0711 of the Revised Code. The guidelines may require	237
school districts to provide the social security numbers of	238
individual staff members.	239

(2) The guidelines shall provide for each school district or	240
community school to assign a data verification code that is unique	241
on a statewide basis over time to each student whose initial Ohio	242
enrollment is in that district or school and to report all	243
required individual student data for that student utilizing such	244
code. The guidelines shall also provide for assigning data	245
verification codes to all students enrolled in districts or	246
community schools on the effective date of the guidelines	247
established under this section.	248

Individual student data shall be reported to the department	249
through the information technology centers utilizing the code but,	250
except as provided in sections 3310.11, 3310.42, 3313.978, and	251
3317.20 of the Revised Code, at no time shall the state board or	252
the department have access to information that would enable any	253
data verification code to be matched to personally identifiable	254
student data.	255

Each school district shall ensure that the data verification	256
code is included in the student's records reported to any	257
subsequent school district or, community school, or state	258
institution of higher education, as defined in section 3345.011 of	259
the Revised Code, in which the student enrolls. Any such	260
subsequent district or school shall utilize the same identifier	261
in its reporting of data under this section.	262

The director of health shall request and receive, pursuant to	263
sections 3301.0723 and 3701.62 of the Revised Code, a data	264
verification code for a child who is receiving services under	265
division (A)(2) of section 3701.61 of the Revised Code.	266

(E) The guidelines adopted under this section may require	267
school districts to collect and report data, information, or	268
reports other than that described in divisions (A), (B), and (C)	269
of this section for the purpose of complying with other reporting	270
requirements established in the Revised Code. The other data,	271
information, or reports may be maintained in the education	272
management information system but are not required to be compiled	273
as part of the profile formats required under division (G) of this	274
section or the annual statewide report required under division (H)	275
of this section.	276

(F) Beginning with the school year that begins July 1, 1991,	277
the board of education of each school district shall annually	278
collect and report to the state board, in accordance with the	279
guidelines established by the board, the data required pursuant to	280
this section. A school district may collect and report these data	281
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	282

(G) The state board shall, in accordance with the procedures	283
it adopts, annually compile the data reported by each school	284
district pursuant to division (D) of this section. The state board	285
shall design formats for profiling each school district as a whole	286
and each school building within each district and shall compile	287
the data in accordance with these formats. These profile formats	288
shall:	289

(1) Include all of the data gathered under this section in a	290
manner that facilitates comparison among school districts and	291
among school buildings within each school district;	292

(2) Present the data on academic achievement levels as	293
assessed by the testing of student achievement maintained pursuant	294
to division (B)(1)(d) of this section.	295

(H)(1) The state board shall, in accordance with the	296
procedures it adopts, annually prepare a statewide report for all	297
school districts and the general public that includes the profile	298
of each of the school districts developed pursuant to division (G)	299
of this section. Copies of the report shall be sent to each school	300
district.	301

(2) The state board shall, in accordance with the procedures	302
it adopts, annually prepare an individual report for each school	303
district and the general public that includes the profiles of each	304
of the school buildings in that school district developed pursuant	305
to division (G) of this section. Copies of the report shall be	306
sent to the superintendent of the district and to each member of	307
the district board of education.	308

(3) Copies of the reports received from the state board under	309
divisions (H)(1) and (2) of this section shall be made available	310
to the general public at each school district's offices. Each	311
district board of education shall make copies of each report	312
available to any person upon request and payment of a reasonable	313
fee for the cost of reproducing the report. The board shall	314
annually publish in a newspaper of general circulation in the	315
school district, at least twice during the two weeks prior to the	316
week in which the reports will first be available, a notice	317
containing the address where the reports are available and the	318
date on which the reports will be available.	319

(I) Any data that is collected or maintained pursuant to this	320
section and that identifies an individual pupil is not a public	321
record for the purposes of section 149.43 of the Revised Code.	322

(J) As used in this section:

323

(1) "School district" means any city, local, exempted	324
village, or joint vocational school district and, in accordance	325
with section 3314.17 of the Revised Code, any community school. As	326
used in division (L) of this section, "school district" also	327
includes any educational service center or other educational	328
entity required to submit data using the system established under	329
this section.	330

(2) "Cost" means any expenditure for operating expenses made	331
by a school district excluding any expenditures for debt	332
retirement except for payments made to any commercial lending	333
institution for any loan approved pursuant to section 3313.483 of	334
the Revised Code.	335

(K) Any person who removes data from the information system	336
established under this section for the purpose of releasing it to	337
any person not entitled under law to have access to such	338
information is subject to section 2913.42 of the Revised Code	339
prohibiting tampering with data.	340

(L)(1) In accordance with division (L)(2) of this section and	341
the rules adopted under division (L)(10) of this section, the	342
department of education may sanction any school district that	343
reports incomplete or inaccurate data, reports data that does not	344
conform to data requirements and descriptions published by the	345
department, fails to report data in a timely manner, or otherwise	346
does not make a good faith effort to report data as required by	347
this section.	348

(2) If the department decides to sanction a school district	349
under this division, the department shall take the following	350
sequential actions:	351

(a) Notify the district in writing that the department has	352
determined that data has not been reported as required under this	353
section and require the district to review its data submission and	354
submit corrected data by a deadline established by the department.	355
The department also may require the district to develop a	356
corrective action plan, which shall include provisions for the	357
district to provide mandatory staff training on data reporting	358
procedures.	359

(b) Withhold up to ten per cent of the total amount of state	360
funds due to the district for the current fiscal year and, if not	361
previously required under division (L)(2)(a) of this section,	362
require the district to develop a corrective action plan in	363
accordance with that division;	364

(c) Withhold an additional amount of up to twenty per cent of	365
the total amount of state funds due to the district for the	366
current fiscal year;	367

(d) Direct department staff or an outside entity to	368
investigate the district's data reporting practices and make	369
recommendations for subsequent actions. The recommendations may	370
include one or more of the following actions:	371

(i) Arrange for an audit of the district's data reporting	372
practices by department staff or an outside entity;	373

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

374

(iii) Withhold an additional amount of up to thirty per cent	375
of the total amount of state funds due to the district for the	376
current fiscal year;	377

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

378

(v) Assign department staff to supervise the district's data	379
management system;	380

(vi) Conduct an investigation to determine whether to suspend	381
or revoke the license of any district employee in accordance with	382
division (N) of this section;	383

(vii) If the district is issued a report card under section	384
3302.03 of the Revised Code, indicate on the report card that the	385
district has been sanctioned for failing to report data as	386
required by this section;	387

(viii) If the district is issued a report card under section	388
3302.03 of the Revised Code and incomplete or inaccurate data	389
submitted by the district likely caused the district to receive a	390
higher performance rating than it deserved under that section,	391
issue a revised report card for the district;	392

(ix) Any other action designed to correct the district's data	393
reporting problems.	394

(3) Any time the department takes an action against a school	395
district under division (L)(2) of this section, the department	396
shall make a report of the circumstances that prompted the action.	397
The department shall send a copy of the report to the district	398
superintendent or chief administrator and maintain a copy of the	399
report in its files.	400

(4) If any action taken under division (L)(2) of this section	401
resolves a school district's data reporting problems to the	402
department's satisfaction, the department shall not take any	403
further actions described by that division. If the department	404
withheld funds from the district under that division, the	405
department may release those funds to the district, except that if	406
the department withheld funding under division (L)(2)(c) of this	407
section, the department shall not release the funds withheld under	408
division (L)(2)(b) of this section and, if the department withheld	409
funding under division (L)(2)(d) of this section, the department	410
shall not release the funds withheld under division (L)(2)(b) or	411
(c) of this section.	412

(5) Notwithstanding anything in this section to the contrary,	413
the department may use its own staff or an outside entity to	414
conduct an audit of a school district's data reporting practices	415
any time the department has reason to believe the district has not	416
made a good faith effort to report data as required by this	417
section. If any audit conducted by an outside entity under	418
division (L)(2)(d)(i) or (5) of this section confirms that a	419
district has not made a good faith effort to report data as	420
required by this section, the district shall reimburse the	421
department for the full cost of the audit. The department may	422
withhold state funds due to the district for this purpose.	423

(6) Prior to issuing a revised report card for a school	424
district under division (L)(2)(d)(viii) of this section, the	425
department may hold a hearing to provide the district with an	426
opportunity to demonstrate that it made a good faith effort to	427
report data as required by this section. The hearing shall be	428
conducted by a referee appointed by the department. Based on the	429
information provided in the hearing, the referee shall recommend	430
whether the department should issue a revised report card for the	431
district. If the referee affirms the department's contention that	432
the district did not make a good faith effort to report data as	433
required by this section, the district shall bear the full cost of	434
conducting the hearing and of issuing any revised report card.	435

(7) If the department determines that any inaccurate data	436
reported under this section caused a school district to receive	437
excess state funds in any fiscal year, the district shall	438
reimburse the department an amount equal to the excess funds, in	439
accordance with a payment schedule determined by the department.	440
The department may withhold state funds due to the district for	441
this purpose.	442

(8) Any school district that has funds withheld under	443
division (L)(2) of this section may appeal the withholding in	444
accordance with Chapter 119. of the Revised Code.	445

(9) In all cases of a disagreement between the department and	446
a school district regarding the appropriateness of an action taken	447
under division (L)(2) of this section, the burden of proof shall	448
be on the district to demonstrate that it made a good faith effort	449
to report data as required by this section.	450

(10) The state board of education shall adopt rules under	451
Chapter 119. of the Revised Code to implement division (L) of this	452
section.	453

(M) No information technology center or school district shall	454
acquire, change, or update its student administration software	455
package to manage and report data required to be reported to the	456
department unless it converts to a student software package that	457
is certified by the department.	458

(N) The state board of education, in accordance with sections	459
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	460
license as defined under division (A) of section 3319.31 of the	461
Revised Code that has been issued to any school district employee	462
found to have willfully reported erroneous, inaccurate, or	463
incomplete data to the education management information system.	464

(O) No person shall release or maintain any information about	465
any student in violation of this section. Whoever violates this	466
division is guilty of a misdemeanor of the fourth degree.	467

(P) The department shall disaggregate the data collected	468
under division (B)(1)(n) of this section according to the race	469
and socioeconomic status of the students assessed. No data	470
collected under that division shall be included on the report	471
cards required by section 3302.03 of the Revised Code.	472

(Q) If the department cannot compile any of the information	473
required by division (C)(5) of section 3302.03 of the Revised Code	474
based upon the data collected under this section, the department	475
shall develop a plan and a reasonable timeline for the collection	476
of any data necessary to comply with that division.	477

Sec. 3301.94.  The superintendent of public instruction and	478
the chancellor of the Ohio board of regents may enter into a	479
memorandum of understanding under which the department of	480
education, on behalf of the chancellor, will receive and maintain	481
copies of data records containing student information reported to	482
the chancellor for the purpose of combining those records with the	483
data reported to the education management information system	484
established under section 3301.0714 of the Revised Code to	485
establish an education data repository that may be used to conduct	486
longitudinal research and evaluation. The memorandum of	487
understanding shall specify the following:	488

(A) That the chancellor shall submit all student data to be	489
included in the repository to the independent contractor engaged	490
by the department to create and maintain the student data	491
verification codes required by division (D)(2) of section	492
3301.0714 of the Revised Code. For each student included in the	493
data submitted by the chancellor, the independent contractor shall	494
determine whether a data verification code has been assigned to	495
that student. In the case of a student to whom a data verification	496
code has been assigned, the independent contractor shall add the	497
code to the student's data record and remove from the data record	498
any information that would enable the data verification code to be	499
matched to personally identifiable student data. In the case of a	500
student to whom a data verification code has not been assigned,	501
the independent contractor shall assign a data verification code	502
to the student, add the data verification code to the student's	503
data record, and remove from the data record any information that	504
would enable the data verification code to be matched to	505
personally identifiable student data. After making the	506
modifications described in this division, the independent	507
contractor shall transmit the data to the department.	508

(B) That the superintendent and the chancellor jointly shall	509
develop procedures for the maintenance of the data in the	510
repository and shall designate the types of research that may be	511
conducted using that data. Permitted uses of the data shall	512
include, but are not limited to, the following:	513

(1) Assisting the department, superintendent, or state board	514
of education in performing audit and evaluation functions	515
concerning preschool, elementary, and secondary education as	516
required or authorized by any provision of law, including division	517
(C) of section 3301.07 and sections 3301.12, 3301.16, 3301.53,	518
3301.57, 3301.58, and 3302.03 of the Revised Code;	519

(2) Assisting the chancellor in performing audit and	520
evaluation functions concerning higher education as required or	521
authorized by any provision of law, including sections 3333.04,	522
3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161,	523
3333.374, 3333.72, and 3333.82 of the Revised Code.	524

(C) That the superintendent and the chancellor, from time to	525
time, shall enter into written agreements with entities for the	526
use of data in the repository to conduct studies to improve	527
instructional quality or for any other purpose permitted by law.	528
The agreements may permit the disclosure of personally	529
identifiable student information to the entity named in the	530
agreement, provided that disclosure complies with the "Family	531
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	532
U.S.C. 1232g, as amended, and regulations promulgated under that	533
act prescribing requirements for such agreements.	534

(D) That the data in the repository submitted by the	535
department shall remain under the direct control of the department	536
and that the data in the repository submitted by the chancellor	537
shall remain under the direct control of the chancellor;	538

(E) That the data in the repository shall be managed in a	539
manner that complies with the "Family Educational Rights and	540
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended.	541

Sec. 3314.013.  (A)(1) Until July 1, 2000, no more than	542
seventy-five contracts between start-up schools and the state	543
board of education may be in effect outside the pilot project area	544
at any time under this chapter.	545

(2) After July 1, 2000, and until July 1, 2001, no more than	546
one hundred twenty-five contracts between start-up schools and the	547
state board of education may be in effect outside the pilot	548
project area at any time under this chapter.	549

(3) This division applies only to contracts between start-up	550
schools and the state board of education and contracts between	551
start-up schools and entities described in divisions (C)(1)(b) to	552
(f) of section 3314.02 of the Revised Code.	553

Until July 1, 2005, not more than two hundred twenty-five	554
contracts to which this division applies may be in effect at any	555
time under this chapter.	556

(4) This division applies only to contracts between start-up	557
schools and entities described in divisions (C)(1)(b) to (f) of	558
section 3314.02 of the Revised Code.	559

Except as otherwise provided in section 3314.014 of the	560
Revised Code, after July 1, 2005, and until July 1, 2007, the	561
number of contracts to which this division applies in effect at	562
any time under this chapter shall be not more than thirty plus the	563
number of such contracts with schools that were open for operation	564
as of May 1, 2005.	565

(5) This division applies only to contracts between a	566
conversion school that is an internet- or computer-based community	567
school or a start-up school and the board of education of the	568
school district in which the school is or is proposed to be	569
located.	570

Except as otherwise provided in section 3314.014 of the	571
Revised Code, until July 1, 2007, the number of contracts to which	572
this division applies in effect at any time under this chapter	573
shall be not more than thirty plus the number of such contracts	574
with schools that were open for operation as of May 1, 2005.	575

(6) Until the effective date of any standards enacted by the	576
general assembly governing the operation of internet- or	577
computer-based community schoolsJuly 1, 2011, no internet- or	578
computer-based community school shall operate unless the school	579
was open for instruction as of May 1, 2005. No entity described in	580
division (C)(1) of section 3314.02 of the Revised Code shall enter	581
into a contract to sponsor an internet- or computer-based	582
community school, including a conversion school, between May 1,	583
2005, and the effective date of any standards enacted by the	584
general assembly governing the operation of internet- or	585
computer-based community schools, except as follows:	586

(a) Any entity described in division (C)(1) of that section	587
may renew a contract that the entity entered into with an	588
internet- or computer-based community school prior to May 1, 2005,	589
if the school was open for operation as of that date.	590

(b) Any entity described in divisions (C)(1)(a) to (e) of	591
that section may assume sponsorship of an existing internet- or	592
computer-based community school that was formerly sponsored by	593
another entity and may enter into a contract with that community	594
school in accordance with section 3314.03 of the Revised Code.	595

(c) Any entity described in division (C)(1)(f) of that	596
section may assume sponsorship of an existing internet- or	597
computer-based community school in accordance with division (A)(7)	598
of this section and may enter into a contract with that community	599
school in accordance with section 3314.03 of the Revised Code.	600

If a sponsor entered into a contract with an internet- or	601
computer-based community school, including a conversion school,	602
but the school was not open for operation as of May 1, 2005, the	603
contract shall be void and the entity shall not enter into another	604
contract with the school until the effective date of any standards	605
enacted by the general assembly governing the operation of	606
internet- or computer-based community schools.	607

(7) Until July 1, 2005, any entity described in division	608
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only	609
a community school that formerly was sponsored by the state board	610
of education under division (C)(1)(d) of that section, as it	611
existed prior to April 8, 2003. After July 1, 2005, any such	612
entity may assume sponsorship of any existing community school,	613
and may sponsor any new community school that is not an internet-	614
or computer-based community school. Beginning on the effective	615
date of any standards enacted by the general assembly governing	616
the operation of internet- or computer-based community schools,	617
any such entity may sponsor a new internet- or computer-based	618
community school.	619

(8) Nothing in division (A) of this section prohibits a	620
community school from increasing the number of grade levels it	621
offers.	622

(B) Within twenty-four hours of a request by any person, the	623
superintendent of public instruction shall indicate the number of	624
preliminary agreements for start-up schools currently outstanding	625
and the number of contracts for these schools in effect at the	626
time of the request.	627

(C) It is the intent of the general assembly to consider	628
whether to provide limitations on the number of start-up community	629
schools after July 1, 2001, following its examination of the	630
results of the studies by the legislative office of education	631
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of	632
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.	633
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.	634
No. 770 of the 122nd general assembly.	635

Sec. 3314.23.  (A) The state board of education shall adopt	636
as rules, in accordance with Chapter 119. of the Revised Code, the	637
standards for the operation of internet- or computer-based	638
community schools and other educational courses delivered	639
primarily via electronic media that were initially recommended by	640
the state board to the general assembly, pursuant to former	641
section 3314.033 of the Revised Code, as item number 16 on the	642
agenda of the state board's meeting held on September 8 and 9,	643
2003. The board shall adopt the rules so that they take effect not	644
later than ninety days after the effective date of this section.	645
It is the intent of the general assembly that the rules adopted	646
under this division shall be in effect so that new internet- or	647
computer-based community schools may open beginning with the	648
2011-2012 school year. Any new internet- or computer-based	649
community school may open only in accordance with the provisions	650
of this chapter.	651

(B) The state board, in accordance with Chapter 119. of the	652
Revised Code, may amend the rules adopted under division (A) of	653
this section anytime after its initial adoption of the rules.	654

(C) Each internet- or computer-based community school	655
operating on or after July 1, 2011, shall comply with all	656
provisions of the rules adopted or amended under this section.	657

Sec. 3333.0410.  The chancellor of the Ohio board of regents	658
shall require each state institution of higher education, as	659
defined in section 3345.011 of the Revised Code, when reporting	660
student data to the chancellor under any provision of law, to use	661
the student's data verification code assigned under division	662
(D)(2) of section 3301.0714 of the Revised Code, if that code was	663
included in the student's records submitted to the institution by	664
the student's high school or by another state institution of	665
higher education.	666

Section 2.  That existing sections 3301.0714 and 3314.013 and	667
section 3314.033 of the Revised Code are hereby repealed.	668

Section 3. This act is hereby declared to be an emergency	669
measure necessary for the immediate preservation of the public	670
peace, health, and safety. The reason for such necessity is to	671
accelerate implementation of measures designed to satisfy	672
essential elements in criteria used to award competitive federal	673
education funding. Therefore, this act shall go into immediate	674
effect.	675