As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 397


Representative Antonio 

Cosponsors: Representatives Brenner, Foley, Driehaus, Ruhl, Henne, Yuko, Murray, Stebelton, Buchy, Stinziano, Ramos, O'Brien, Hagan, R., Garland, Letson, Clyde 



A BILL
To amend section 3313.603 of the Revised Code to 1
specify that school districts and chartered 2
nonpublic schools may excuse from high school 3
physical education students who play rugby in a 4
school club.5


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

       Section 1.  That section 3313.603 of the Revised Code be 6
enacted to read as follows:7

       Sec. 3313.603.  (A) As used in this section:8

       (1) "One unit" means a minimum of one hundred twenty hours of 9
course instruction, except that for a laboratory course, "one 10
unit" means a minimum of one hundred fifty hours of course 11
instruction.12

       (2) "One-half unit" means a minimum of sixty hours of course 13
instruction, except that for physical education courses, "one-half 14
unit" means a minimum of one hundred twenty hours of course 15
instruction.16

       (B) Beginning September 15, 2001, except as required in 17
division (C) of this section and division (C) of section 3313.614 18
of the Revised Code, the requirements for graduation from every 19
high school shall include twenty units earned in grades nine 20
through twelve and shall be distributed as follows:21

       (1) English language arts, four units;22

       (2) Health, one-half unit;23

       (3) Mathematics, three units;24

       (4) Physical education, one-half unit;25

       (5) Science, two units until September 15, 2003, and three 26
units thereafter, which at all times shall include both of the 27
following:28

       (a) Biological sciences, one unit;29

       (b) Physical sciences, one unit.30

       (6) Social studies, three units, which shall include both of 31
the following:32

       (a) American history, one-half unit;33

       (b) American government, one-half unit.34

       (7) Elective units, seven units until September 15, 2003, and 35
six units thereafter.36

       Each student's electives shall include at least one unit, or 37
two half units, chosen from among the areas of 38
business/technology, fine arts, and/or foreign language.39

       (C) Beginning with students who enter ninth grade for the 40
first time on or after July 1, 2010, except as provided in 41
divisions (D) to (F) of this section, the requirements for 42
graduation from every public and chartered nonpublic high school 43
shall include twenty units that are designed to prepare students 44
for the workforce and college. The units shall be distributed as 45
follows:46

       (1) English language arts, four units;47

       (2) Health, one-half unit, which shall include instruction in 48
nutrition and the benefits of nutritious foods and physical 49
activity for overall health;50

       (3) Mathematics, four units, which shall include one unit of 51
algebra II or the equivalent of algebra II;52

       (4) Physical education, one-half unit;53

       (5) Science, three units with inquiry-based laboratory 54
experience that engages students in asking valid scientific 55
questions and gathering and analyzing information, which shall 56
include the following, or their equivalent:57

       (a) Physical sciences, one unit;58

       (b) Life sciences, one unit;59

       (c) Advanced study in one or more of the following sciences, 60
one unit:61

       (i) Chemistry, physics, or other physical science;62

       (ii) Advanced biology or other life science;63

       (iii) Astronomy, physical geology, or other earth or space 64
science.65

       (6) Social studies, three units, which shall include both of 66
the following:67

       (a) American history, one-half unit;68

       (b) American government, one-half unit.69

       Each school shall integrate the study of economics and 70
financial literacy, as expressed in the social studies academic 71
content standards adopted by the state board of education under 72
division (A)(1) of section 3301.079 of the Revised Code and the 73
academic content standards for financial literacy and 74
entrepreneurship adopted under division (A)(2) of that section, 75
into one or more existing social studies credits required under 76
division (C)(6) of this section, or into the content of another 77
class, so that every high school student receives instruction in 78
those concepts. In developing the curriculum required by this 79
paragraph, schools shall use available public-private partnerships 80
and resources and materials that exist in business, industry, and 81
through the centers for economics education at institutions of 82
higher education in the state.83

       (7) Five units consisting of one or any combination of 84
foreign language, fine arts, business, career-technical education, 85
family and consumer sciences, technology, agricultural education, 86
a junior reserve officer training corps (JROTC) program approved 87
by the congress of the United States under title 10 of the United 88
States Code, or English language arts, mathematics, science, or 89
social studies courses not otherwise required under division (C) 90
of this section.91

       Ohioans must be prepared to apply increased knowledge and 92
skills in the workplace and to adapt their knowledge and skills 93
quickly to meet the rapidly changing conditions of the 94
twenty-first century. National studies indicate that all high 95
school graduates need the same academic foundation, regardless of 96
the opportunities they pursue after graduation. The goal of Ohio's 97
system of elementary and secondary education is to prepare all 98
students for and seamlessly connect all students to success in 99
life beyond high school graduation, regardless of whether the next 100
step is entering the workforce, beginning an apprenticeship, 101
engaging in post-secondary training, serving in the military, or 102
pursuing a college degree.103

        The Ohio core curriculum is the standard expectation for all 104
students entering ninth grade for the first time at a public or 105
chartered nonpublic high school on or after July 1, 2010. A 106
student may satisfy this expectation through a variety of methods, 107
including, but not limited to, integrated, applied, 108
career-technical, and traditional coursework.109

       Whereas teacher quality is essential for student success in 110
completing the Ohio core curriculum, the general assembly shall 111
appropriate funds for strategic initiatives designed to strengthen 112
schools' capacities to hire and retain highly qualified teachers 113
in the subject areas required by the curriculum. Such initiatives 114
are expected to require an investment of $120,000,000 over five 115
years.116

       Stronger coordination between high schools and institutions 117
of higher education is necessary to prepare students for more 118
challenging academic endeavors and to lessen the need for academic 119
remediation in college, thereby reducing the costs of higher 120
education for Ohio's students, families, and the state. The state 121
board and the chancellor of the Ohio board of regents shall 122
develop policies to ensure that only in rare instances will 123
students who complete the Ohio core curriculum require academic 124
remediation after high school.125

       School districts, community schools, and chartered nonpublic 126
schools shall integrate technology into learning experiences 127
across the curriculum in order to maximize efficiency, enhance 128
learning, and prepare students for success in the 129
technology-driven twenty-first century. Districts and schools 130
shall use distance and web-based course delivery as a method of 131
providing or augmenting all instruction required under this 132
division, including laboratory experience in science. Districts 133
and schools shall utilize technology access and electronic 134
learning opportunities provided by the eTech Ohio commission, the 135
Ohio learning network, education technology centers, public 136
television stations, and other public and private providers.137

       (D) Except as provided in division (E) of this section, a 138
student who enters ninth grade on or after July 1, 2010, and 139
before July 1, 2014, may qualify for graduation from a public or 140
chartered nonpublic high school even though the student has not 141
completed the Ohio core curriculum prescribed in division (C) of 142
this section if all of the following conditions are satisfied:143

       (1) After the student has attended high school for two years, 144
as determined by the school, the student and the student's parent, 145
guardian, or custodian sign and file with the school a written 146
statement asserting the parent's, guardian's, or custodian's 147
consent to the student's graduating without completing the Ohio 148
core curriculum and acknowledging that one consequence of not 149
completing the Ohio core curriculum is ineligibility to enroll in 150
most state universities in Ohio without further coursework.151

       (2) The student and parent, guardian, or custodian fulfill 152
any procedural requirements the school stipulates to ensure the 153
student's and parent's, guardian's, or custodian's informed 154
consent and to facilitate orderly filing of statements under 155
division (D)(1) of this section.156

       (3) The student and the student's parent, guardian, or 157
custodian and a representative of the student's high school 158
jointly develop an individual career plan for the student that 159
specifies the student matriculating to a two-year degree program, 160
acquiring a business and industry credential, or entering an 161
apprenticeship.162

       (4) The student's high school provides counseling and support 163
for the student related to the plan developed under division 164
(D)(3) of this section during the remainder of the student's high 165
school experience.166

       (5) The student successfully completes, at a minimum, the 167
curriculum prescribed in division (B) of this section.168

       The department of education, in collaboration with the 169
chancellor, shall analyze student performance data to determine if 170
there are mitigating factors that warrant extending the exception 171
permitted by division (D) of this section to high school classes 172
beyond those entering ninth grade before July 1, 2014. The 173
department shall submit its findings and any recommendations not 174
later than August 1, 2014, to the speaker and minority leader of 175
the house of representatives, the president and minority leader of 176
the senate, the chairpersons and ranking minority members of the 177
standing committees of the house of representatives and the senate 178
that consider education legislation, the state board of education, 179
and the superintendent of public instruction.180

       (E) Each school district and chartered nonpublic school 181
retains the authority to require an even more rigorous minimum 182
curriculum for high school graduation than specified in division 183
(B) or (C) of this section. A school district board of education, 184
through the adoption of a resolution, or the governing authority 185
of a chartered nonpublic school may stipulate any of the 186
following:187

        (1) A minimum high school curriculum that requires more than 188
twenty units of academic credit to graduate;189

        (2) An exception to the district's or school's minimum high 190
school curriculum that is comparable to the exception provided in 191
division (D) of this section but with additional requirements, 192
which may include a requirement that the student successfully 193
complete more than the minimum curriculum prescribed in division 194
(B) of this section;195

        (3) That no exception comparable to that provided in division 196
(D) of this section is available.197

       (F) A student enrolled in a dropout prevention and recovery 198
program, which program has received a waiver from the department, 199
may qualify for graduation from high school by successfully 200
completing a competency-based instructional program administered 201
by the dropout prevention and recovery program in lieu of 202
completing the Ohio core curriculum prescribed in division (C) of 203
this section. The department shall grant a waiver to a dropout 204
prevention and recovery program, within sixty days after the 205
program applies for the waiver, if the program meets all of the 206
following conditions:207

       (1) The program serves only students not younger than sixteen 208
years of age and not older than twenty-one years of age.209

       (2) The program enrolls students who, at the time of their 210
initial enrollment, either, or both, are at least one grade level 211
behind their cohort age groups or experience crises that 212
significantly interfere with their academic progress such that 213
they are prevented from continuing their traditional programs.214

       (3) The program requires students to attain at least the 215
applicable score designated for each of the assessments prescribed 216
under division (B)(1) of section 3301.0710 of the Revised Code or, 217
to the extent prescribed by rule of the state board under division 218
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 219
of that section.220

       (4) The program develops an individual career plan for the 221
student that specifies the student's matriculating to a two-year 222
degree program, acquiring a business and industry credential, or 223
entering an apprenticeship.224

       (5) The program provides counseling and support for the 225
student related to the plan developed under division (F)(4) of 226
this section during the remainder of the student's high school 227
experience.228

       (6) The program requires the student and the student's 229
parent, guardian, or custodian to sign and file, in accordance 230
with procedural requirements stipulated by the program, a written 231
statement asserting the parent's, guardian's, or custodian's 232
consent to the student's graduating without completing the Ohio 233
core curriculum and acknowledging that one consequence of not 234
completing the Ohio core curriculum is ineligibility to enroll in 235
most state universities in Ohio without further coursework.236

       (7) Prior to receiving the waiver, the program has submitted 237
to the department an instructional plan that demonstrates how the 238
academic content standards adopted by the state board under 239
section 3301.079 of the Revised Code will be taught and assessed.240

       If the department does not act either to grant the waiver or 241
to reject the program application for the waiver within sixty days 242
as required under this section, the waiver shall be considered to 243
be granted.244

       (G) Every high school may permit students below the ninth 245
grade to take advanced work. If a high school so permits, it shall 246
award high school credit for successful completion of the advanced 247
work and shall count such advanced work toward the graduation 248
requirements of division (B) or (C) of this section if the 249
advanced work was both:250

       (1) Taught by a person who possesses a license or certificate 251
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 252
Code that is valid for teaching high school;253

       (2) Designated by the board of education of the city, local, 254
or exempted village school district, the board of the cooperative 255
education school district, or the governing authority of the 256
chartered nonpublic school as meeting the high school curriculum 257
requirements.258

        Each high school shall record on the student's high school 259
transcript all high school credit awarded under division (G) of 260
this section. In addition, if the student completed a seventh- or 261
eighth-grade fine arts course described in division (K) of this 262
section and the course qualified for high school credit under that 263
division, the high school shall record that course on the 264
student's high school transcript.265

       (H) The department shall make its individual academic career 266
plan available through its Ohio career information system web site 267
for districts and schools to use as a tool for communicating with 268
and providing guidance to students and families in selecting high 269
school courses.270

        (I) Units earned in English language arts, mathematics, 271
science, and social studies that are delivered through integrated 272
academic and career-technical instruction are eligible to meet the 273
graduation requirements of division (B) or (C) of this section.274

       (J) The state board, in consultation with the chancellor, 275
shall adopt a statewide plan implementing methods for students to 276
earn units of high school credit based on a demonstration of 277
subject area competency, instead of or in combination with 278
completing hours of classroom instruction. The state board shall 279
adopt the plan not later than March 31, 2009, and commence phasing 280
in the plan during the 2009-2010 school year. The plan shall 281
include a standard method for recording demonstrated proficiency 282
on high school transcripts. Each school district and community 283
school shall comply with the state board's plan adopted under this 284
division and award units of high school credit in accordance with 285
the plan. The state board may adopt existing methods for earning 286
high school credit based on a demonstration of subject area 287
competency as necessary prior to the 2009-2010 school year.288

       (K) This division does not apply to students who qualify for 289
graduation from high school under division (D) or (F) of this 290
section, or to students pursuing a career-technical instructional 291
track as determined by the school district board of education or 292
the chartered nonpublic school's governing authority. 293
Nevertheless, the general assembly encourages such students to 294
consider enrolling in a fine arts course as an elective.295

       Beginning with students who enter ninth grade for the first 296
time on or after July 1, 2010, each student enrolled in a public 297
or chartered nonpublic high school shall complete two semesters or 298
the equivalent of fine arts to graduate from high school. The 299
coursework may be completed in any of grades seven to twelve. Each 300
student who completes a fine arts course in grade seven or eight 301
may elect to count that course toward the five units of electives 302
required for graduation under division (C)(7) of this section, if 303
the course satisfied the requirements of division (G) of this 304
section. In that case, the high school shall award the student 305
high school credit for the course and count the course toward the 306
five units required under division (C)(7) of this section. If the 307
course in grade seven or eight did not satisfy the requirements of 308
division (G) of this section, the high school shall not award the 309
student high school credit for the course but shall count the 310
course toward the two semesters or the equivalent of fine arts 311
required by this division.312

       (L) Notwithstanding anything to the contrary in this section, 313
the board of education of each school district and the governing 314
authority of each chartered nonpublic school may adopt a policy to 315
excuse from the high school physical education requirement each 316
student who, during high school, has participated in 317
interscholastic athletics, marching band, a school-sponsored rugby 318
club played as a team sport, or cheerleading for at least two full 319
seasons, or in the junior reserve officer training corps for at 320
least two full school years. If the board or authority adopts such 321
a policy, the board or authority shall not require the student to 322
complete any physical education course as a condition to graduate. 323
However, the student shall be required to complete one-half unit, 324
consisting of at least sixty hours of instruction, in another 325
course of study. In the case of a student who has participated in 326
the junior reserve officer training corps for at least two full 327
school years, credit received for that participation may be used 328
to satisfy the requirement to complete one-half unit in another 329
course of study.330

       Section 2.  That existing section 3313.603 of the Revised 331
Code is hereby repealed.332