Sub. H. B. No. 555 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 555

Representatives Stebelton, Butler

Cosponsors: Representatives Amstutz, Grossman, Hayes, Huffman, McClain, Roegner, Thompson, Beck, Blair, Blessing, Boose, Brenner, Bubp, Combs, Hagan, C., Henne, Kozlowski, Maag, Newbold, Terhar, Wachtmann, Young Speaker Batchelder

A BILL

To amend sections 3301.079, 3301.0710, 3301.0711,

3301.0714, 3302.01, 3302.02, 3302.021, 3302.03,

3302.033, 3302.04, 3302.041, 3302.042, 3302.05,

3302.10, 3302.12, 3302.20, 3302.21, 3310.03,

3310.06, 3311.741, 3311.80, 3313.473, 3313.608,

3314.011, 3314.012, 3314.013, 3314.015, 3314.016,

3314.02, 3314.05, 3314.35, 3314.36, 3314.37,

3317.081, 3319.111, 3319.112, 3319.58, 3326.03,

3333.041, 3333.048, 3333.391, 5910.01, 5910.02,

and 5919.34; to enact sections 3302.034, 3310.16,

3314.017, 3314.351, and 5910.07 of the Revised

Code; and to amend Section 267.10.90 of Am. Sub.

H.B. 153 of the 129th General Assembly, as

subsequently amended, to create a new academic

performance rating system for school districts and

other public schools; to require an alternative

academic performance rating system for community

schools serving primarily students enrolled in

dropout prevention and recovery programs; to

create a new evaluation process for community

school sponsors; to abolish the Ohio

accountability task force and replace it with the

Ohio accountability advisory committee; to

specifically permit educational service centers to

partner in the development of STEM schools; to

allow for the reporting of a student's personally

identifiable information to specified third

parties with which the Department of Education has

contracted to develop state assessments; to

require that a third-grade student reading below

grade level receives intervention services prior

to development of the student's improvement

monitoring plan; to modify the procedure for

approving the opening of new Internet- or

computer-based community schools; to require that

a community school fiscal officer be a licensed

school treasurer; to qualify for a War Orphans

Scholarship, children of military veterans who

participated in an operation for which the Armed

Forces Expeditionary Medal was awarded; and to

authorize the administrators of the Ohio National

Guard Scholarship Program and the Ohio War Orphans

Scholarship Program to apply for and receive

grants and to accept gifts, bequests, and

contributions from public and private sources.

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	46
3301.0714, 3302.01, 3302.02, 3302.021, 3302.03, 3302.033, 3302.04,	47
3302.041, 3302.042, 3302.05, 3302.10, 3302.12, 3302.20, 3302.21,	48
3310.03, 3310.06, 3311.741, 3311.80, 3313.473, 3313.608, 3314.011,	49
3314.012, 3314.013, 3314.015, 3314.016, 3314.02, 3314.05, 3314.35,	50
3314.36, 3314.37, 3317.081, 3319.111, 3319.112, 3319.58, 3326.03,	51
3333.041, 3333.048, 3333.391, 5910.01, 5910.02, and 5919.34 be	52
amended and sections 3302.034, 3310.16, 3314.017, 3314.351, and	53
5910.07 of the Revised Code be enacted to read as follows:	54

Sec. 3301.079. (A)(1) The state board of education	55
periodically shall adopt statewide academic standards with	56
emphasis on coherence, focus, and rigor for each of grades	57
kindergarten through twelve in English language arts, mathematics,	58
science, and social studies.	59

(a) The standards shall specify the following:

(i) The core academic content and skills that students are	61
expected to know and be able to do at each grade level that will	62
allow each student to be prepared for postsecondary instruction	63
and the workplace for success in the twenty-first century;	64

(ii) The development of skill sets that promote information,	65
media, and technological literacy;	66

(iii) Interdisciplinary, project-based, real-world learning	67
opportunities.	68

(b) Not later than July 1, 2012, the state board shall	69
incorporate into the social studies standards for grades four to	70
twelve academic content regarding the original texts of the	71
Declaration of Independence, the Northwest Ordinance, the	72
Constitution of the United States and its amendments, with	73
emphasis on the Bill of Rights, and the Ohio Constitution, and	74
their original context. The state board shall revise the model	75
curricula and achievement assessments adopted under divisions (B)	76
and (C) of this section as necessary to reflect the additional	77
American history and American government content. The state board	78
shall make available a list of suggested grade-appropriate	79
supplemental readings that place the documents prescribed by this	80
division in their historical context, which teachers may use as a	81
resource to assist students in reading the documents within that	82
context.	83

(2) After completing the standards required by division	84
(A)(1) of this section, the state board shall adopt standards and	85
model curricula for instruction in technology, financial literacy	86
and entrepreneurship, fine arts, and foreign language for grades	87
kindergarten through twelve. The standards shall meet the same	88
requirements prescribed in division (A)(1)(a) of this section.	89

(3) The state board shall adopt the most recent standards	90
developed by the national association for sport and physical	91
education for physical education in grades kindergarten through	92
twelve or shall adopt its own standards for physical education in	93
those grades and revise and update them periodically.	94

The department of education shall employ a full-time physical	95
education coordinator to provide guidance and technical assistance	96
to districts, community schools, and STEM schools in implementing	97
the physical education standards adopted under this division. The	98
superintendent of public instruction shall determine that the	99
person employed as coordinator is qualified for the position, as	100
demonstrated by possessing an adequate combination of education,	101
license, and experience.	102

(4) When academic standards have been completed for any	103
subject area required by this section, the state board shall	104
inform all school districts, all community schools established	105
under Chapter 3314. of the Revised Code, all STEM schools	106
established under Chapter 3326. of the Revised Code, and all	107
nonpublic schools required to administer the assessments	108
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	109
of the content of those standards.	110

(B)(1) The state board shall adopt a model curriculum for	111
instruction in each subject area for which updated academic	112
standards are required by division (A)(1) of this section and for	113
each of grades kindergarten through twelve that is sufficient to	114
meet the needs of students in every community. The model	115
curriculum shall be aligned with the standards, to ensure that the	116
academic content and skills specified for each grade level are	117
taught to students, and shall demonstrate vertical articulation	118
and emphasize coherence, focus, and rigor. When any model	119
curriculum has been completed, the state board shall inform all	120
school districts, community schools, and STEM schools of the	121
content of that model curriculum.	122

(2) Not later than June 30, 2013, the state board, in	123
consultation with any office housed in the governor's office that	124
deals with workforce development, shall adopt model curricula for	125
grades kindergarten through twelve that embed career connection	126
learning strategies into regular classroom instruction.	127

(3) All school districts, community schools, and STEM schools	128
may utilize the state standards and the model curriculum	129
established by the state board, together with other relevant	130
resources, examples, or models to ensure that students have the	131
opportunity to attain the academic standards. Upon request, the	132
department shall provide technical assistance to any district,	133
community school, or STEM school in implementing the model	134
curriculum.	135

Nothing in this section requires any school district to	136
utilize all or any part of a model curriculum developed under this	137
section.	138

(C) The state board shall develop achievement assessments	139
aligned with the academic standards and model curriculum for each	140
of the subject areas and grade levels required by divisions (A)(1)	141
and (B)(1) of section 3301.0710 of the Revised Code.	142

When any achievement assessment has been completed, the state	143
board shall inform all school districts, community schools, STEM	144
schools, and nonpublic schools required to administer the	145
assessment of its completion, and the department shall make the	146
achievement assessment available to the districts and schools.	147

(D)(1) The state board shall adopt a diagnostic assessment	148
aligned with the academic standards and model curriculum for each	149
of grades kindergarten through two in ~~English language arts~~	150
reading, writing, and mathematics and for grade three in ~~English~~	151
~~language arts~~reading and writing. The diagnostic assessment shall	152
be designed to measure student comprehension of academic content	153
and mastery of related skills for the relevant subject area and	154
grade level. Any diagnostic assessment shall not include	155
components to identify gifted students. Blank copies of diagnostic	156
assessments shall be public records.	157

(2) When each diagnostic assessment has been completed, the	158
state board shall inform all school districts of its completion	159
and the department shall make the diagnostic assessment available	160
to the districts at no cost to the district. School districts	161
shall administer the diagnostic assessment pursuant to section	162
3301.0715 of the Revised Code beginning the first school year	163
following the development of the assessment.	164

(E) The state board shall not adopt a diagnostic or	165
achievement assessment for any grade level or subject area other	166
than those specified in this section.	167

(F) Whenever the state board or the department consults with	168
persons for the purpose of drafting or reviewing any standards,	169
diagnostic assessments, achievement assessments, or model	170
curriculum required under this section, the state board or the	171
department shall first consult with parents of students in	172
kindergarten through twelfth grade and with active Ohio classroom	173
teachers, other school personnel, and administrators with	174
expertise in the appropriate subject area. Whenever practicable,	175
the state board and department shall consult with teachers	176
recognized as outstanding in their fields.	177

If the department contracts with more than one outside entity	178
for the development of the achievement assessments required by	179
this section, the department shall ensure the interchangeability	180
of those assessments.	181

(G) Whenever the state board adopts standards or model	182
curricula under this section, the department also shall provide	183
information on the use of blended or digital learning in the	184
delivery of the standards or curricula to students in accordance	185
with division (A)(4) of this section.	186

(H) The fairness sensitivity review committee, established by	187
rule of the state board of education, shall not allow any question	188
on any achievement or diagnostic assessment developed under this	189
section or any proficiency test prescribed by former section	190
3301.0710 of the Revised Code, as it existed prior to September	191
11, 2001, to include, be written to promote, or inquire as to	192
individual moral or social values or beliefs. The decision of the	193
committee shall be final. This section does not create a private	194
cause of action.	195

(I) Not later than forty-five days prior to the adoption by	196
the state board of updated academic standards under division	197
(A)(1) of this section or updated model curricula under division	198
(B)(1) of this section, the superintendent of public instruction	199
shall present the academic standards or model curricula, as	200
applicable, to the respective committees of the house of	201
representatives and senate that consider education legislation.	202

(J) As used in this section:

203

(1) "Blended learning" means the delivery of instruction in a	204
combination of time in a supervised physical location away from	205
home and online delivery whereby the student has some element of	206
control over time, place, path, or pace of learning.	207

(2) "Coherence" means a reflection of the structure of the	208
discipline being taught.	209

(3) "Digital learning" means learning facilitated by	210
technology that gives students some element of control over time,	211
place, path, or pace of learning.	212

(4) "Focus" means limiting the number of items included in a	213
curriculum to allow for deeper exploration of the subject matter.	214

(5) "Rigor" means more challenging and demanding when	215
compared to international standards.	216

(6) "Vertical articulation" means key academic concepts and	217
skills associated with mastery in particular content areas should	218
be articulated and reinforced in a developmentally appropriate	219
manner at each grade level so that over time students acquire a	220
depth of knowledge and understanding in the core academic	221
disciplines.	222

Sec. 3301.0710. The state board of education shall adopt	223
rules establishing a statewide program to assess student	224
achievement. The state board shall ensure that all assessments	225
administered under the program are aligned with the academic	226
standards and model curricula adopted by the state board and are	227
created with input from Ohio parents, Ohio classroom teachers,	228
Ohio school administrators, and other Ohio school personnel	229
pursuant to section 3301.079 of the Revised Code.	230

The assessment program shall be designed to ensure that	231
students who receive a high school diploma demonstrate at least	232
high school levels of achievement in English language arts,	233
mathematics, science, and social studies.	234

(A)(1) The state board shall prescribe all of the following:

235

(a) Two statewide achievement assessments, one each designed	236
to measure the level of English language arts and mathematics	237
skill expected at the end of third grade;	238

(b) Two statewide achievement assessments, one each designed	239
to measure the level of English language arts and mathematics	240
skill expected at the end of fourth grade;	241

(c) Four statewide achievement assessments, one each designed	242
to measure the level of English language arts, mathematics,	243
science, and social studies skill expected at the end of fifth	244
grade;	245

(d) Two statewide achievement assessments, one each designed	246
to measure the level of English language arts and mathematics	247
skill expected at the end of sixth grade;	248

(e) Two statewide achievement assessments, one each designed	249
to measure the level of English language arts and mathematics	250
skill expected at the end of seventh grade;	251

(f) Four statewide achievement assessments, one each designed	252
to measure the level of English language arts, mathematics,	253
science, and social studies skill expected at the end of eighth	254
grade.	255

(2) The state board shall determine and designate at least	256
~~three~~five ranges of scores on each of the achievement assessments	257
described in divisions (A)(1) and (B)(1) of this section. Each	258
range of scores shall be deemed to demonstrate a level of	259
achievement so that any student attaining a score within such	260
range has achieved one of the following:	261

(a) An advanced level of skill;

262

(b) An accelerated level of skill;

263

264

~~(c)~~(d) A basic level of skill;

265

(e) A limited level of skill.

266

(3) For the purpose of implementing division (A) of section	267
3313.608 of the Revised Code, the state board shall determine and	268
designate a level of achievement, not lower than the level	269
designated in division (A)(2)~~(c)~~(e) of this section, on the third	270
grade English language arts assessment for a student to be	271
promoted to the fourth grade. The state board shall review and	272
adjust upward the level of achievement designated under this	273
division each year the test is administered until the level is set	274
equal to the level designated in division (A)(2)~~(b)~~(c) of this	275
section.	276

(B)(1) The assessments prescribed under division (B)(1) of	277
this section shall collectively be known as the Ohio graduation	278
tests. The state board shall prescribe five statewide high school	279
achievement assessments, one each designed to measure the level of	280
reading, writing, mathematics, science, and social studies skill	281
expected at the end of tenth grade. The state board shall	282
designate a score in at least the range designated under division	283
(A)(2)~~(b)~~(c) of this section on each such assessment that shall be	284
deemed to be a passing score on the assessment as a condition	285
toward granting high school diplomas under sections 3313.61,	286
3313.611, 3313.612, and 3325.08 of the Revised Code until the	287
assessment system prescribed by section 3301.0712 of the Revised	288
Code is implemented in accordance with rules adopted by the state	289
board under division (D) of that section.	290

(2) The state board shall prescribe an assessment system in	291
accordance with section 3301.0712 of the Revised Code that shall	292
replace the Ohio graduation tests in the manner prescribed by	293
rules adopted by the state board under division (D) of that	294
section.	295

(3) The state board may enter into a reciprocal agreement	296
with the appropriate body or agency of any other state that has	297
similar statewide achievement assessment requirements for	298
receiving high school diplomas, under which any student who has	299
met an achievement assessment requirement of one state is	300
recognized as having met the similar requirement of the other	301
state for purposes of receiving a high school diploma. For	302
purposes of this section and sections 3301.0711 and 3313.61 of the	303
Revised Code, any student enrolled in any public high school in	304
this state who has met an achievement assessment requirement	305
specified in a reciprocal agreement entered into under this	306
division shall be deemed to have attained at least the applicable	307
score designated under this division on each assessment required	308
by division (B)(1) or (2) of this section that is specified in the	309
agreement.	310

(C) The superintendent of public instruction shall designate	311
dates and times for the administration of the assessments	312
prescribed by divisions (A) and (B) of this section.	313

In prescribing administration dates pursuant to this	314
division, the superintendent shall designate the dates in such a	315
way as to allow a reasonable length of time between the	316
administration of assessments prescribed under this section and	317
any administration of the national assessment of educational	318
progress given to students in the same grade level pursuant to	319
section 3301.27 of the Revised Code or federal law.	320

(D) The state board shall prescribe a practice version of	321
each Ohio graduation test described in division (B)(1) of this	322
section that is of comparable length to the actual test.	323

(E) Any committee established by the department of education	324
for the purpose of making recommendations to the state board	325
regarding the state board's designation of scores on the	326
assessments described by this section shall inform the state board	327
of the probable percentage of students who would score in each of	328
the ranges established under division (A)(2) of this section on	329
the assessments if the committee's recommendations are adopted by	330
the state board. To the extent possible, these percentages shall	331
be disaggregated by gender, major racial and ethnic groups,	332
limited English proficient students, economically disadvantaged	333
students, students with disabilities, and migrant students.	334

If the state board intends to make any change to the	335
committee's recommendations, the state board shall explain the	336
intended change to the Ohio accountability ~~task force~~advisory	337
committee established by section 3302.021 of the Revised Code. The	338
~~task force~~Ohio accountability advisory committee shall recommend	339
whether the state board should proceed to adopt the intended	340
change. Nothing in this division shall require the state board to	341
designate assessment scores based upon the recommendations of the	342
~~task force~~Ohio accountability advisory committee.	343

Sec. 3301.0711. (A) The department of education shall:

344

(1) Annually furnish to, grade, and score all assessments	345
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	346
the Revised Code to be administered by city, local, exempted	347
village, and joint vocational school districts, except that each	348
district shall score any assessment administered pursuant to	349
division (B)(10) of this section. Each assessment so furnished	350
shall include the data verification code of the student to whom	351
the assessment will be administered, as assigned pursuant to	352
division (D)(2) of section 3301.0714 of the Revised Code. In	353
furnishing the practice versions of Ohio graduation tests	354
prescribed by division (D) of section 3301.0710 of the Revised	355
Code, the department shall make the tests available on its web	356
site for reproduction by districts. In awarding contracts for	357
grading assessments, the department shall give preference to	358
Ohio-based entities employing Ohio residents.	359

(2) Adopt rules for the ethical use of assessments and	360
prescribing the manner in which the assessments prescribed by	361
section 3301.0710 of the Revised Code shall be administered to	362
students.	363

(B) Except as provided in divisions (C) and (J) of this	364
section, the board of education of each city, local, and exempted	365
village school district shall, in accordance with rules adopted	366
under division (A) of this section:	367

(1) Administer the English language arts assessments	368
prescribed under division (A)(1)(a) of section 3301.0710 of the	369
Revised Code twice annually to all students in the third grade who	370
have not attained the score designated for that assessment under	371
division (A)(2)~~(b)~~(c) of section 3301.0710 of the Revised Code.	372

(2) Administer the mathematics assessment prescribed under	373
division (A)(1)(a) of section 3301.0710 of the Revised Code at	374
least once annually to all students in the third grade.	375

(3) Administer the assessments prescribed under division	376
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	377
annually to all students in the fourth grade.	378

(4) Administer the assessments prescribed under division	379
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	380
annually to all students in the fifth grade.	381

(5) Administer the assessments prescribed under division	382
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	383
annually to all students in the sixth grade.	384

(6) Administer the assessments prescribed under division	385
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	386
annually to all students in the seventh grade.	387

(7) Administer the assessments prescribed under division	388
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	389
annually to all students in the eighth grade.	390

(8) Except as provided in division (B)(9) of this section,	391
administer any assessment prescribed under division (B)(1) of	392
section 3301.0710 of the Revised Code as follows:	393

(a) At least once annually to all tenth grade students and at	394
least twice annually to all students in eleventh or twelfth grade	395
who have not yet attained the score on that assessment designated	396
under that division;	397

(b) To any person who has successfully completed the	398
curriculum in any high school or the individualized education	399
program developed for the person by any high school pursuant to	400
section 3323.08 of the Revised Code but has not received a high	401
school diploma and who requests to take such assessment, at any	402
time such assessment is administered in the district.	403

(9) In lieu of the board of education of any city, local, or	404
exempted village school district in which the student is also	405
enrolled, the board of a joint vocational school district shall	406
administer any assessment prescribed under division (B)(1) of	407
section 3301.0710 of the Revised Code at least twice annually to	408
any student enrolled in the joint vocational school district who	409
has not yet attained the score on that assessment designated under	410
that division. A board of a joint vocational school district may	411
also administer such an assessment to any student described in	412
division (B)(8)(b) of this section.	413

(10) If the district has ~~been declared to be under an~~	414
~~academic watch or in a state of academic emergency pursuant to~~	415
~~section 3302.03 of the Revised Code or has~~ a three-year average	416
graduation rate of not more than seventy-five per cent, administer	417
each assessment prescribed by division (D) of section 3301.0710 of	418
the Revised Code in September to all ninth grade students,	419
beginning in the school year that starts July 1, 2005.	420

Except as provided in section 3313.614 of the Revised Code	421
for administration of an assessment to a person who has fulfilled	422
the curriculum requirement for a high school diploma but has not	423
passed one or more of the required assessments, the assessments	424
prescribed under division (B)(1) of section 3301.0710 of the	425
Revised Code and the practice assessments prescribed under	426
division (D) of that section and required to be administered under	427
divisions (B)(8), (9), and (10) of this section shall not be	428
administered after the assessment system prescribed by division	429
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	430
Code is implemented under rule of the state board adopted under	431
division (D)(1) of section 3301.0712 of the Revised Code.	432

(11) Administer the assessments prescribed by division (B)(2)	433
of section 3301.0710 and section 3301.0712 of the Revised Code in	434
accordance with the timeline and plan for implementation of those	435
assessments prescribed by rule of the state board adopted under	436
division (D)(1) of section 3301.0712 of the Revised Code.	437

(C)(1)(a) In the case of a student receiving special	438
education services under Chapter 3323. of the Revised Code, the	439
individualized education program developed for the student under	440
that chapter shall specify the manner in which the student will	441
participate in the assessments administered under this section.	442
The individualized education program may excuse the student from	443
taking any particular assessment required to be administered under	444
this section if it instead specifies an alternate assessment	445
method approved by the department of education as conforming to	446
requirements of federal law for receipt of federal funds for	447
disadvantaged pupils. To the extent possible, the individualized	448
education program shall not excuse the student from taking an	449
assessment unless no reasonable accommodation can be made to	450
enable the student to take the assessment.	451

(b) Any alternate assessment approved by the department for a	452
student under this division shall produce measurable results	453
comparable to those produced by the assessment it replaces in	454
order to allow for the student's results to be included in the	455
data compiled for a school district or building under section	456
3302.03 of the Revised Code.	457

(c) Any student enrolled in a chartered nonpublic school who	458
has been identified, based on an evaluation conducted in	459
accordance with section 3323.03 of the Revised Code or section 504	460
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	461
794, as amended, as a child with a disability shall be excused	462
from taking any particular assessment required to be administered	463
under this section if a plan developed for the student pursuant to	464
rules adopted by the state board excuses the student from taking	465
that assessment. In the case of any student so excused from taking	466
an assessment, the chartered nonpublic school shall not prohibit	467
the student from taking the assessment.	468

(2) A district board may, for medical reasons or other good	469
cause, excuse a student from taking an assessment administered	470
under this section on the date scheduled, but that assessment	471
shall be administered to the excused student not later than nine	472
days following the scheduled date. The district board shall	473
annually report the number of students who have not taken one or	474
more of the assessments required by this section to the state	475
board of education not later than the thirtieth day of June.	476

(3) As used in this division, "limited English proficient	477
student" has the same meaning as in 20 U.S.C. 7801.	478

No school district board shall excuse any limited English	479
proficient student from taking any particular assessment required	480
to be administered under this section, except that any limited	481
English proficient student who has been enrolled in United States	482
schools for less than one full school year shall not be required	483
to take any reading, writing, or English language arts assessment.	484
However, no board shall prohibit a limited English proficient	485
student who is not required to take an assessment under this	486
division from taking the assessment. A board may permit any	487
limited English proficient student to take an assessment required	488
to be administered under this section with appropriate	489
accommodations, as determined by the department. For each limited	490
English proficient student, each school district shall annually	491
assess that student's progress in learning English, in accordance	492
with procedures approved by the department.	493

The governing authority of a chartered nonpublic school may	494
excuse a limited English proficient student from taking any	495
assessment administered under this section. However, no governing	496
authority shall prohibit a limited English proficient student from	497
taking the assessment.	498

(D)(1) In the school year next succeeding the school year in	499
which the assessments prescribed by division (A)(1) or (B)(1) of	500
section 3301.0710 of the Revised Code or former division (A)(1),	501
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	502
existed prior to September 11, 2001, are administered to any	503
student, the board of education of any school district in which	504
the student is enrolled in that year shall provide to the student	505
intervention services commensurate with the student's performance,	506
including any intensive intervention required under section	507
3313.608 of the Revised Code, in any skill in which the student	508
failed to demonstrate at least a score at the proficient level on	509
the assessment.	510

(2) Following any administration of the assessments	511
prescribed by division (D) of section 3301.0710 of the Revised	512
Code to ninth grade students, each school district that has a	513
three-year average graduation rate of not more than seventy-five	514
per cent shall determine for each high school in the district	515
whether the school shall be required to provide intervention	516
services to any students who took the assessments. In determining	517
which high schools shall provide intervention services based on	518
the resources available, the district shall consider each school's	519
graduation rate and scores on the practice assessments. The	520
district also shall consider the scores received by ninth grade	521
students on the English language arts and mathematics assessments	522
prescribed under division (A)(1)(f) of section 3301.0710 of the	523
Revised Code in the eighth grade in determining which high schools	524
shall provide intervention services.	525

Each high school selected to provide intervention services	526
under this division shall provide intervention services to any	527
student whose results indicate that the student is failing to make	528
satisfactory progress toward being able to attain scores at the	529
proficient level on the Ohio graduation tests. Intervention	530
services shall be provided in any skill in which a student	531
demonstrates unsatisfactory progress and shall be commensurate	532
with the student's performance. Schools shall provide the	533
intervention services prior to the end of the school year, during	534
the summer following the ninth grade, in the next succeeding	535
school year, or at any combination of those times.	536

(E) Except as provided in section 3313.608 of the Revised	537
Code and division (M) of this section, no school district board of	538
education shall utilize any student's failure to attain a	539
specified score on an assessment administered under this section	540
as a factor in any decision to deny the student promotion to a	541
higher grade level. However, a district board may choose not to	542
promote to the next grade level any student who does not take an	543
assessment administered under this section or make up an	544
assessment as provided by division (C)(2) of this section and who	545
is not exempt from the requirement to take the assessment under	546
division (C)(3) of this section.	547

(F) No person shall be charged a fee for taking any	548
assessment administered under this section.	549

(G)(1) Each school district board shall designate one	550
location for the collection of assessments administered in the	551
spring under division (B)(1) of this section and those	552
administered under divisions (B)(2) to (7) of this section. Each	553
district board shall submit the assessments to the entity with	554
which the department contracts for the scoring of the assessments	555
as follows:	556

(a) If the district's total enrollment in grades kindergarten	557
through twelve during the first full school week of October was	558
less than two thousand five hundred, not later than the Friday	559
after all of the assessments have been administered;	560

(b) If the district's total enrollment in grades kindergarten	561
through twelve during the first full school week of October was	562
two thousand five hundred or more, but less than seven thousand,	563
not later than the Monday after all of the assessments have been	564
administered;	565

(c) If the district's total enrollment in grades kindergarten	566
through twelve during the first full school week of October was	567
seven thousand or more, not later than the Tuesday after all of	568
the assessments have been administered.	569

However, any assessment that a student takes during the	570
make-up period described in division (C)(2) of this section shall	571
be submitted not later than the Friday following the day the	572
student takes the assessment.	573

(2) The department or an entity with which the department	574
contracts for the scoring of the assessment shall send to each	575
school district board a list of the individual scores of all	576
persons taking an assessment prescribed by division (A)(1) or	577
(B)(1) of section 3301.0710 of the Revised Code within sixty days	578
after its administration, but in no case shall the scores be	579
returned later than the fifteenth day of June following the	580
administration. For assessments administered under this section by	581
a joint vocational school district, the department or entity shall	582
also send to each city, local, or exempted village school district	583
a list of the individual scores of any students of such city,	584
local, or exempted village school district who are attending	585
school in the joint vocational school district.	586

(H) Individual scores on any assessments administered under	587
this section shall be released by a district board only in	588
accordance with section 3319.321 of the Revised Code and the rules	589
adopted under division (A) of this section. No district board or	590
its employees shall utilize individual or aggregate results in any	591
manner that conflicts with rules for the ethical use of	592
assessments adopted pursuant to division (A) of this section.	593

(I) Except as provided in division (G) of this section, the	594
department or an entity with which the department contracts for	595
the scoring of the assessment shall not release any individual	596
scores on any assessment administered under this section. The	597
state board of education shall adopt rules to ensure the	598
protection of student confidentiality at all times. The rules may	599
require the use of the data verification codes assigned to	600
students pursuant to division (D)(2) of section 3301.0714 of the	601
Revised Code to protect the confidentiality of student scores.	602

(J) Notwithstanding division (D) of section 3311.52 of the	603
Revised Code, this section does not apply to the board of	604
education of any cooperative education school district except as	605
provided under rules adopted pursuant to this division.	606

(1) In accordance with rules that the state board of	607
education shall adopt, the board of education of any city,	608
exempted village, or local school district with territory in a	609
cooperative education school district established pursuant to	610
divisions (A) to (C) of section 3311.52 of the Revised Code may	611
enter into an agreement with the board of education of the	612
cooperative education school district for administering any	613
assessment prescribed under this section to students of the city,	614
exempted village, or local school district who are attending	615
school in the cooperative education school district.	616

(2) In accordance with rules that the state board of	617
education shall adopt, the board of education of any city,	618
exempted village, or local school district with territory in a	619
cooperative education school district established pursuant to	620
section 3311.521 of the Revised Code shall enter into an agreement	621
with the cooperative district that provides for the administration	622
of any assessment prescribed under this section to both of the	623
following:	624

(a) Students who are attending school in the cooperative	625
district and who, if the cooperative district were not	626
established, would be entitled to attend school in the city,	627
local, or exempted village school district pursuant to section	628
3313.64 or 3313.65 of the Revised Code;	629

(b) Persons described in division (B)(8)(b) of this section.

630

Any assessment of students pursuant to such an agreement	631
shall be in lieu of any assessment of such students or persons	632
pursuant to this section.	633

(K)(1) As a condition of compliance with section 3313.612 of	634
the Revised Code, each chartered nonpublic school that educates	635
students in grades nine through twelve shall administer the	636
assessments prescribed by divisions (B)(1) and (2) of section	637
3301.0710 of the Revised Code. Any chartered nonpublic school may	638
participate in the assessment program by administering any of the	639
assessments prescribed by division (A) of section 3301.0710 of the	640
Revised Code. The chief administrator of the school shall specify	641
which assessments the school will administer. Such specification	642
shall be made in writing to the superintendent of public	643
instruction prior to the first day of August of any school year in	644
which assessments are administered and shall include a pledge that	645
the nonpublic school will administer the specified assessments in	646
the same manner as public schools are required to do under this	647
section and rules adopted by the department.	648

(2) The department of education shall furnish the assessments	649
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	650
to each chartered nonpublic school that participates under this	651
division.	652

(L)(1) The superintendent of the state school for the blind	653
and the superintendent of the state school for the deaf shall	654
administer the assessments described by sections 3301.0710 and	655
3301.0712 of the Revised Code. Each superintendent shall	656
administer the assessments in the same manner as district boards	657
are required to do under this section and rules adopted by the	658
department of education and in conformity with division (C)(1)(a)	659
of this section.	660

(2) The department of education shall furnish the assessments	661
described by sections 3301.0710 and 3301.0712 of the Revised Code	662
to each superintendent.	663

(M) Notwithstanding division (E) of this section, a school	664
district may use a student's failure to attain a score in at least	665
the proficient range on the mathematics assessment described by	666
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	667
an assessment described by division (A)(1)(b), (c), (d), (e), or	668
(f) of section 3301.0710 of the Revised Code as a factor in	669
retaining that student in the current grade level.	670

(N)(1) In the manner specified in divisions (N)(3) and (4) of	671
this section, the assessments required by division (A)(1) of	672
section 3301.0710 of the Revised Code shall become public records	673
pursuant to section 149.43 of the Revised Code on the first day of	674
July following the school year that the assessments were	675
administered.	676

(2) The department may field test proposed questions with	677
samples of students to determine the validity, reliability, or	678
appropriateness of questions for possible inclusion in a future	679
year's assessment. The department also may use anchor questions on	680
assessments to ensure that different versions of the same	681
assessment are of comparable difficulty.	682

Field test questions and anchor questions shall not be	683
considered in computing scores for individual students. Field test	684
questions and anchor questions may be included as part of the	685
administration of any assessment required by division (A)(1) or	686
(B)(1) of section 3301.0710 of the Revised Code.	687

(3) Any field test question or anchor question administered	688
under division (N)(2) of this section shall not be a public	689
record. Such field test questions and anchor questions shall be	690
redacted from any assessments which are released as a public	691
record pursuant to division (N)(1) of this section.	692

(4) This division applies to the assessments prescribed by	693
division (A) of section 3301.0710 of the Revised Code.	694

(a) The first administration of each assessment, as specified	695
in former section 3301.0712 of the Revised Code, shall be a public	696
record.	697

(b) For subsequent administrations of each assessment prior	698
to the 2011-2012 school year, not less than forty per cent of the	699
questions on the assessment that are used to compute a student's	700
score shall be a public record. The department shall determine	701
which questions will be needed for reuse on a future assessment	702
and those questions shall not be public records and shall be	703
redacted from the assessment prior to its release as a public	704
record. However, for each redacted question, the department shall	705
inform each city, local, and exempted village school district of	706
the statewide academic standard adopted by the state board of	707
education under section 3301.079 of the Revised Code and the	708
corresponding benchmark to which the question relates. The	709
preceding sentence does not apply to field test questions that are	710
redacted under division (N)(3) of this section.	711

(c) The administrations of each assessment in the 2011-2012	712
school year and later shall not be a public record.	713

(5) Each assessment prescribed by division (B)(1) of section	714
3301.0710 of the Revised Code shall not be a public record.	715

(O) As used in this section:

716

(1) "Three-year average" means the average of the most recent	717
consecutive three school years of data.	718

(2) "Dropout" means a student who withdraws from school	719
before completing course requirements for graduation and who is	720
not enrolled in an education program approved by the state board	721
of education or an education program outside the state. "Dropout"	722
does not include a student who has departed the country.	723

(3) "Graduation rate" means the ratio of students receiving a	724
diploma to the number of students who entered ninth grade four	725
years earlier. Students who transfer into the district are added	726
to the calculation. Students who transfer out of the district for	727
reasons other than dropout are subtracted from the calculation. If	728
a student who was a dropout in any previous year returns to the	729
same school district, that student shall be entered into the	730
calculation as if the student had entered ninth grade four years	731
before the graduation year of the graduating class that the	732
student joins.	733

Sec. 3301.0714. (A) The state board of education shall adopt	734
rules for a statewide education management information system. The	735
rules shall require the state board to establish guidelines for	736
the establishment and maintenance of the system in accordance with	737
this section and the rules adopted under this section. The	738
guidelines shall include:	739

(1) Standards identifying and defining the types of data in	740
the system in accordance with divisions (B) and (C) of this	741
section;	742

(2) Procedures for annually collecting and reporting the data	743
to the state board in accordance with division (D) of this	744
section;	745

(3) Procedures for annually compiling the data in accordance	746
with division (G) of this section;	747

(4) Procedures for annually reporting the data to the public	748
in accordance with division (H) of this section.	749

(B) The guidelines adopted under this section shall require	750
the data maintained in the education management information system	751
to include at least the following:	752

(1) Student participation and performance data, for each	753
grade in each school district as a whole and for each grade in	754
each school building in each school district, that includes:	755

(a) The numbers of students receiving each category of	756
instructional service offered by the school district, such as	757
regular education instruction, vocational education instruction,	758
specialized instruction programs or enrichment instruction that is	759
part of the educational curriculum, instruction for gifted	760
students, instruction for students with disabilities, and remedial	761
instruction. The guidelines shall require instructional services	762
under this division to be divided into discrete categories if an	763
instructional service is limited to a specific subject, a specific	764
type of student, or both, such as regular instructional services	765
in mathematics, remedial reading instructional services,	766
instructional services specifically for students gifted in	767
mathematics or some other subject area, or instructional services	768
for students with a specific type of disability. The categories of	769
instructional services required by the guidelines under this	770
division shall be the same as the categories of instructional	771
services used in determining cost units pursuant to division	772
(C)(3) of this section.	773

(b) The numbers of students receiving support or	774
extracurricular services for each of the support services or	775
extracurricular programs offered by the school district, such as	776
counseling services, health services, and extracurricular sports	777
and fine arts programs. The categories of services required by the	778
guidelines under this division shall be the same as the categories	779
of services used in determining cost units pursuant to division	780
(C)(4)(a) of this section.	781

(c) Average student grades in each subject in grades nine	782
through twelve;	783

(d) Academic achievement levels as assessed under sections	784
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	785

(e) The number of students designated as having a disabling	786
condition pursuant to division (C)(1) of section 3301.0711 of the	787
Revised Code;	788

(f) The numbers of students reported to the state board	789
pursuant to division (C)(2) of section 3301.0711 of the Revised	790
Code;	791

(g) Attendance rates and the average daily attendance for the	792
year. For purposes of this division, a student shall be counted as	793
present for any field trip that is approved by the school	794
administration.	795

(h) Expulsion rates;

796

(i) Suspension rates;

797

(j) Dropout rates;

798

(k) Rates of retention in grade;

799

(l) For pupils in grades nine through twelve, the average	800
number of carnegie units, as calculated in accordance with state	801
board of education rules;	802

(m) Graduation rates, to be calculated in a manner specified	803
by the department of education that reflects the rate at which	804
students who were in the ninth grade three years prior to the	805
current year complete school and that is consistent with	806
nationally accepted reporting requirements;	807

(n) Results of diagnostic assessments administered to	808
kindergarten students as required under section 3301.0715 of the	809
Revised Code to permit a comparison of the academic readiness of	810
kindergarten students. However, no district shall be required to	811
report to the department the results of any diagnostic assessment	812
administered to a kindergarten student if the parent of that	813
student requests the district not to report those results.	814

(2) Personnel and classroom enrollment data for each school	815
district, including:	816

(a) The total numbers of licensed employees and nonlicensed	817
employees and the numbers of full-time equivalent licensed	818
employees and nonlicensed employees providing each category of	819
instructional service, instructional support service, and	820
administrative support service used pursuant to division (C)(3) of	821
this section. The guidelines adopted under this section shall	822
require these categories of data to be maintained for the school	823
district as a whole and, wherever applicable, for each grade in	824
the school district as a whole, for each school building as a	825
whole, and for each grade in each school building.	826

(b) The total number of employees and the number of full-time	827
equivalent employees providing each category of service used	828
pursuant to divisions (C)(4)(a) and (b) of this section, and the	829
total numbers of licensed employees and nonlicensed employees and	830
the numbers of full-time equivalent licensed employees and	831
nonlicensed employees providing each category used pursuant to	832
division (C)(4)(c) of this section. The guidelines adopted under	833
this section shall require these categories of data to be	834
maintained for the school district as a whole and, wherever	835
applicable, for each grade in the school district as a whole, for	836
each school building as a whole, and for each grade in each school	837
building.	838

(c) The total number of regular classroom teachers teaching	839
classes of regular education and the average number of pupils	840
enrolled in each such class, in each of grades kindergarten	841
through five in the district as a whole and in each school	842
building in the school district.	843

(d) The number of lead teachers employed by each school	844
district and each school building.	845

(3)(a) Student demographic data for each school district,	846
including information regarding the gender ratio of the school	847
district's pupils, the racial make-up of the school district's	848
pupils, the number of limited English proficient students in the	849
district, and an appropriate measure of the number of the school	850
district's pupils who reside in economically disadvantaged	851
households. The demographic data shall be collected in a manner to	852
allow correlation with data collected under division (B)(1) of	853
this section. Categories for data collected pursuant to division	854
(B)(3) of this section shall conform, where appropriate, to	855
standard practices of agencies of the federal government.	856

(b) With respect to each student entering kindergarten,	857
whether the student previously participated in a public preschool	858
program, a private preschool program, or a head start program, and	859
the number of years the student participated in each of these	860
programs.	861

(4) Any data required to be collected pursuant to federal	862
law.	863

(C) The education management information system shall include	864
cost accounting data for each district as a whole and for each	865
school building in each school district. The guidelines adopted	866
under this section shall require the cost data for each school	867
district to be maintained in a system of mutually exclusive cost	868
units and shall require all of the costs of each school district	869
to be divided among the cost units. The guidelines shall require	870
the system of mutually exclusive cost units to include at least	871
the following:	872

(1) Administrative costs for the school district as a whole.	873
The guidelines shall require the cost units under this division	874
(C)(1) to be designed so that each of them may be compiled and	875
reported in terms of average expenditure per pupil in formula ADM	876
in the school district, as determined pursuant to section 3317.03	877
of the Revised Code.	878

(2) Administrative costs for each school building in the	879
school district. The guidelines shall require the cost units under	880
this division (C)(2) to be designed so that each of them may be	881
compiled and reported in terms of average expenditure per	882
full-time equivalent pupil receiving instructional or support	883
services in each building.	884

(3) Instructional services costs for each category of	885
instructional service provided directly to students and required	886
by guidelines adopted pursuant to division (B)(1)(a) of this	887
section. The guidelines shall require the cost units under	888
division (C)(3) of this section to be designed so that each of	889
them may be compiled and reported in terms of average expenditure	890
per pupil receiving the service in the school district as a whole	891
and average expenditure per pupil receiving the service in each	892
building in the school district and in terms of a total cost for	893
each category of service and, as a breakdown of the total cost, a	894
cost for each of the following components:	895

(a) The cost of each instructional services category required	896
by guidelines adopted under division (B)(1)(a) of this section	897
that is provided directly to students by a classroom teacher;	898

(b) The cost of the instructional support services, such as	899
services provided by a speech-language pathologist, classroom	900
aide, multimedia aide, or librarian, provided directly to students	901
in conjunction with each instructional services category;	902

(c) The cost of the administrative support services related	903
to each instructional services category, such as the cost of	904
personnel that develop the curriculum for the instructional	905
services category and the cost of personnel supervising or	906
coordinating the delivery of the instructional services category.	907

(4) Support or extracurricular services costs for each	908
category of service directly provided to students and required by	909
guidelines adopted pursuant to division (B)(1)(b) of this section.	910
The guidelines shall require the cost units under division (C)(4)	911
of this section to be designed so that each of them may be	912
compiled and reported in terms of average expenditure per pupil	913
receiving the service in the school district as a whole and	914
average expenditure per pupil receiving the service in each	915
building in the school district and in terms of a total cost for	916
each category of service and, as a breakdown of the total cost, a	917
cost for each of the following components:	918

(a) The cost of each support or extracurricular services	919
category required by guidelines adopted under division (B)(1)(b)	920
of this section that is provided directly to students by a	921
licensed employee, such as services provided by a guidance	922
counselor or any services provided by a licensed employee under a	923
supplemental contract;	924

(b) The cost of each such services category provided directly	925
to students by a nonlicensed employee, such as janitorial	926
services, cafeteria services, or services of a sports trainer;	927

(c) The cost of the administrative services related to each	928
services category in division (C)(4)(a) or (b) of this section,	929
such as the cost of any licensed or nonlicensed employees that	930
develop, supervise, coordinate, or otherwise are involved in	931
administering or aiding the delivery of each services category.	932

(D)(1) The guidelines adopted under this section shall	933
require school districts to collect information about individual	934
students, staff members, or both in connection with any data	935
required by division (B) or (C) of this section or other reporting	936
requirements established in the Revised Code. The guidelines may	937
also require school districts to report information about	938
individual staff members in connection with any data required by	939
division (B) or (C) of this section or other reporting	940
requirements established in the Revised Code. The guidelines shall	941
not authorize school districts to request social security numbers	942
of individual students. The guidelines shall prohibit the	943
reporting under this section of a student's name, address, and	944
social security number to the state board of education or the	945
department of education. The guidelines shall also prohibit the	946
reporting under this section of any personally identifiable	947
information about any student, except for the purpose of assigning	948
the data verification code required by division (D)(2) of this	949
section, to any other person unless such person is employed by the	950
school district or the information technology center operated	951
under section 3301.075 of the Revised Code and is authorized by	952
the district or technology center to have access to such	953
information or is employed by an entity with which the department	954
contracts for the scoring or the development of state assessments	955
~~administered under section 3301.0711 of the Revised Code~~. The	956
guidelines may require school districts to provide the social	957
security numbers of individual staff members and the county of	958
residence for a student. Nothing in this section prohibits the	959
state board of education or department of education from providing	960
a student's county of residence to the department of taxation to	961
facilitate the distribution of tax revenue.	962

(2)(a) The guidelines shall provide for each school district	963
or community school to assign a data verification code that is	964
unique on a statewide basis over time to each student whose	965
initial Ohio enrollment is in that district or school and to	966
report all required individual student data for that student	967
utilizing such code. The guidelines shall also provide for	968
assigning data verification codes to all students enrolled in	969
districts or community schools on the effective date of the	970
guidelines established under this section. The assignment of data	971
verification codes for other entities, as described in division	972
(D)(2)(c) of this section, the use of those codes, and the	973
reporting and use of associated individual student data shall be	974
coordinated by the department in accordance with state and federal	975
law.	976

School districts shall report individual student data to the	977
department through the information technology centers utilizing	978
the code. The entities described in division (D)(2)(c) of this	979
section shall report individual student data to the department in	980
the manner prescribed by the department.	981

Except as provided in sections 3301.941, 3310.11, 3310.42,	982
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	983
shall the state board or the department have access to information	984
that would enable any data verification code to be matched to	985
personally identifiable student data.	986

(b) Each school district and community school shall ensure	987
that the data verification code is included in the student's	988
records reported to any subsequent school district, community	989
school, or state institution of higher education, as defined in	990
section 3345.011 of the Revised Code, in which the student	991
enrolls. Any such subsequent district or school shall utilize the	992
same identifier in its reporting of data under this section.	993

(c) The director of any state agency that administers a	994
publicly funded program providing services to children who are	995
younger than compulsory school age, as defined in section 3321.01	996
of the Revised Code, including the directors of health, job and	997
family services, mental health, and developmental disabilities,	998
shall request and receive, pursuant to sections 3301.0723 and	999
3701.62 of the Revised Code, a data verification code for a child	1000
who is receiving those services.	1001

(E) The guidelines adopted under this section may require	1002
school districts to collect and report data, information, or	1003
reports other than that described in divisions (A), (B), and (C)	1004
of this section for the purpose of complying with other reporting	1005
requirements established in the Revised Code. The other data,	1006
information, or reports may be maintained in the education	1007
management information system but are not required to be compiled	1008
as part of the profile formats required under division (G) of this	1009
section or the annual statewide report required under division (H)	1010
of this section.	1011

(F) Beginning with the school year that begins July 1, 1991,	1012
the board of education of each school district shall annually	1013
collect and report to the state board, in accordance with the	1014
guidelines established by the board, the data required pursuant to	1015
this section. A school district may collect and report these data	1016
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1017

(G) The state board shall, in accordance with the procedures	1018
it adopts, annually compile the data reported by each school	1019
district pursuant to division (D) of this section. The state board	1020
shall design formats for profiling each school district as a whole	1021
and each school building within each district and shall compile	1022
the data in accordance with these formats. These profile formats	1023
shall:	1024

(1) Include all of the data gathered under this section in a	1025
manner that facilitates comparison among school districts and	1026
among school buildings within each school district;	1027

(2) Present the data on academic achievement levels as	1028
assessed by the testing of student achievement maintained pursuant	1029
to division (B)(1)(d) of this section.	1030

(H)(1) The state board shall, in accordance with the	1031
procedures it adopts, annually prepare a statewide report for all	1032
school districts and the general public that includes the profile	1033
of each of the school districts developed pursuant to division (G)	1034
of this section. Copies of the report shall be sent to each school	1035
district.	1036

(2) The state board shall, in accordance with the procedures	1037
it adopts, annually prepare an individual report for each school	1038
district and the general public that includes the profiles of each	1039
of the school buildings in that school district developed pursuant	1040
to division (G) of this section. Copies of the report shall be	1041
sent to the superintendent of the district and to each member of	1042
the district board of education.	1043

(3) Copies of the reports received from the state board under	1044
divisions (H)(1) and (2) of this section shall be made available	1045
to the general public at each school district's offices. Each	1046
district board of education shall make copies of each report	1047
available to any person upon request and payment of a reasonable	1048
fee for the cost of reproducing the report. The board shall	1049
annually publish in a newspaper of general circulation in the	1050
school district, at least twice during the two weeks prior to the	1051
week in which the reports will first be available, a notice	1052
containing the address where the reports are available and the	1053
date on which the reports will be available.	1054

(I) Any data that is collected or maintained pursuant to this	1055
section and that identifies an individual pupil is not a public	1056
record for the purposes of section 149.43 of the Revised Code.	1057

(J) As used in this section:

1058

(1) "School district" means any city, local, exempted	1059
village, or joint vocational school district and, in accordance	1060
with section 3314.17 of the Revised Code, any community school. As	1061
used in division (L) of this section, "school district" also	1062
includes any educational service center or other educational	1063
entity required to submit data using the system established under	1064
this section.	1065

(2) "Cost" means any expenditure for operating expenses made	1066
by a school district excluding any expenditures for debt	1067
retirement except for payments made to any commercial lending	1068
institution for any loan approved pursuant to section 3313.483 of	1069
the Revised Code.	1070

(K) Any person who removes data from the information system	1071
established under this section for the purpose of releasing it to	1072
any person not entitled under law to have access to such	1073
information is subject to section 2913.42 of the Revised Code	1074
prohibiting tampering with data.	1075

(L)(1) In accordance with division (L)(2) of this section and	1076
the rules adopted under division (L)(10) of this section, the	1077
department of education may sanction any school district that	1078
reports incomplete or inaccurate data, reports data that does not	1079
conform to data requirements and descriptions published by the	1080
department, fails to report data in a timely manner, or otherwise	1081
does not make a good faith effort to report data as required by	1082
this section.	1083

(2) If the department decides to sanction a school district	1084
under this division, the department shall take the following	1085
sequential actions:	1086

(a) Notify the district in writing that the department has	1087
determined that data has not been reported as required under this	1088
section and require the district to review its data submission and	1089
submit corrected data by a deadline established by the department.	1090
The department also may require the district to develop a	1091
corrective action plan, which shall include provisions for the	1092
district to provide mandatory staff training on data reporting	1093
procedures.	1094

(b) Withhold up to ten per cent of the total amount of state	1095
funds due to the district for the current fiscal year and, if not	1096
previously required under division (L)(2)(a) of this section,	1097
require the district to develop a corrective action plan in	1098
accordance with that division;	1099

(c) Withhold an additional amount of up to twenty per cent of	1100
the total amount of state funds due to the district for the	1101
current fiscal year;	1102

(d) Direct department staff or an outside entity to	1103
investigate the district's data reporting practices and make	1104
recommendations for subsequent actions. The recommendations may	1105
include one or more of the following actions:	1106

(i) Arrange for an audit of the district's data reporting	1107
practices by department staff or an outside entity;	1108

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

1109

(iii) Withhold an additional amount of up to thirty per cent	1110
of the total amount of state funds due to the district for the	1111
current fiscal year;	1112

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

1113

(v) Assign department staff to supervise the district's data	1114
management system;	1115

(vi) Conduct an investigation to determine whether to suspend	1116
or revoke the license of any district employee in accordance with	1117
division (N) of this section;	1118

(vii) If the district is issued a report card under section	1119
3302.03 of the Revised Code, indicate on the report card that the	1120
district has been sanctioned for failing to report data as	1121
required by this section;	1122

(viii) If the district is issued a report card under section	1123
3302.03 of the Revised Code and incomplete or inaccurate data	1124
submitted by the district likely caused the district to receive a	1125
higher performance rating than it deserved under that section,	1126
issue a revised report card for the district;	1127

(ix) Any other action designed to correct the district's data	1128
reporting problems.	1129

(3) Any time the department takes an action against a school	1130
district under division (L)(2) of this section, the department	1131
shall make a report of the circumstances that prompted the action.	1132
The department shall send a copy of the report to the district	1133
superintendent or chief administrator and maintain a copy of the	1134
report in its files.	1135

(4) If any action taken under division (L)(2) of this section	1136
resolves a school district's data reporting problems to the	1137
department's satisfaction, the department shall not take any	1138
further actions described by that division. If the department	1139
withheld funds from the district under that division, the	1140
department may release those funds to the district, except that if	1141
the department withheld funding under division (L)(2)(c) of this	1142
section, the department shall not release the funds withheld under	1143
division (L)(2)(b) of this section and, if the department withheld	1144
funding under division (L)(2)(d) of this section, the department	1145
shall not release the funds withheld under division (L)(2)(b) or	1146
(c) of this section.	1147

(5) Notwithstanding anything in this section to the contrary,	1148
the department may use its own staff or an outside entity to	1149
conduct an audit of a school district's data reporting practices	1150
any time the department has reason to believe the district has not	1151
made a good faith effort to report data as required by this	1152
section. If any audit conducted by an outside entity under	1153
division (L)(2)(d)(i) or (5) of this section confirms that a	1154
district has not made a good faith effort to report data as	1155
required by this section, the district shall reimburse the	1156
department for the full cost of the audit. The department may	1157
withhold state funds due to the district for this purpose.	1158

(6) Prior to issuing a revised report card for a school	1159
district under division (L)(2)(d)(viii) of this section, the	1160
department may hold a hearing to provide the district with an	1161
opportunity to demonstrate that it made a good faith effort to	1162
report data as required by this section. The hearing shall be	1163
conducted by a referee appointed by the department. Based on the	1164
information provided in the hearing, the referee shall recommend	1165
whether the department should issue a revised report card for the	1166
district. If the referee affirms the department's contention that	1167
the district did not make a good faith effort to report data as	1168
required by this section, the district shall bear the full cost of	1169
conducting the hearing and of issuing any revised report card.	1170

(7) If the department determines that any inaccurate data	1171
reported under this section caused a school district to receive	1172
excess state funds in any fiscal year, the district shall	1173
reimburse the department an amount equal to the excess funds, in	1174
accordance with a payment schedule determined by the department.	1175
The department may withhold state funds due to the district for	1176
this purpose.	1177

(8) Any school district that has funds withheld under	1178
division (L)(2) of this section may appeal the withholding in	1179
accordance with Chapter 119. of the Revised Code.	1180

(9) In all cases of a disagreement between the department and	1181
a school district regarding the appropriateness of an action taken	1182
under division (L)(2) of this section, the burden of proof shall	1183
be on the district to demonstrate that it made a good faith effort	1184
to report data as required by this section.	1185

(10) The state board of education shall adopt rules under	1186
Chapter 119. of the Revised Code to implement division (L) of this	1187
section.	1188

(M) No information technology center or school district shall	1189
acquire, change, or update its student administration software	1190
package to manage and report data required to be reported to the	1191
department unless it converts to a student software package that	1192
is certified by the department.	1193

(N) The state board of education, in accordance with sections	1194
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1195
license as defined under division (A) of section 3319.31 of the	1196
Revised Code that has been issued to any school district employee	1197
found to have willfully reported erroneous, inaccurate, or	1198
incomplete data to the education management information system.	1199

(O) No person shall release or maintain any information about	1200
any student in violation of this section. Whoever violates this	1201
division is guilty of a misdemeanor of the fourth degree.	1202

(P) The department shall disaggregate the data collected	1203
under division (B)(1)(n) of this section according to the race and	1204
socioeconomic status of the students assessed. No data collected	1205
under that division shall be included on the report cards required	1206
by section 3302.03 of the Revised Code.	1207

(Q) If the department cannot compile any of the information	1208
required by division ~~(C)(5)~~(H) of section 3302.03 of the Revised	1209
Code based upon the data collected under this section, the	1210
department shall develop a plan and a reasonable timeline for the	1211
collection of any data necessary to comply with that division.	1212

Sec. 3302.01. As used in this chapter:

1213

(A) "Performance index score" means the average of the totals	1214
derived from calculations for each subject area of English	1215
language arts, mathematics, science, and social studies of the	1216
weighted proportion of untested students and students scoring at	1217
each level of skill described in division (A)(2) of section	1218
3301.0710 of the Revised Code on the assessments prescribed by	1219
divisions (A) and (B)(1) of that section. The department of	1220
education shall assign weights such that students who do not take	1221
an assessment receive a weight of zero and students who take an	1222
assessment receive progressively larger weights dependent upon the	1223
level of skill attained on the assessment. The department shall	1224
~~also determine the performance index score a school district or~~	1225
~~building needs to achieve for the purpose of the performance~~	1226
~~ratings assigned pursuant to section 3302.03~~assign additional	1227
weights to students who have been permitted to pass over a grade	1228
or subject in accordance with a student acceleration policy	1229
adopted under section 3324.10 of the Revised Code. If such a	1230
student attains the proficient score prescribed under division	1231
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	1232
assessment, the department shall assign the student the weight	1233
prescribed for the next higher scoring level. If such a student	1234
attains the advanced score, prescribed under division (A)(2)(a) of	1235
section 3301.0710 of the Revised Code, on an assessment, the	1236
department shall assign to the student an additional proportional	1237
weight, as approved by the state board. For each school year that	1238
such a student's score is included in the performance index score	1239
and the student attains the advanced score on an assessment, that	1240
additional weight shall be assigned to the student.	1241

Students shall be included in the "performance index score"	1242
in accordance with division ~~(D)~~(K)(2) of section 3302.03 of the	1243
Revised Code.	1244

(B) "Subgroup" means a subset of the entire student	1245
population of the state, a school district, or a school building	1246
and includes each of the following:	1247

(1) Major racial and ethnic groups;

1248

(2) Students with disabilities;

1249

(3) Economically disadvantaged students;

1250

(4) Limited English proficient students;

1251

(5) Students identified as gifted in superior cognitive	1252
ability and specific academic ability fields under Chapter 3324.	1253
of the Revised Code. For students who are gifted in specific	1254
academic ability fields, the department shall use data for those	1255
students with specific academic ability in math and reading. If	1256
any other academic field is assessed, the department shall also	1257
include data for students with specific academic ability in that	1258
field.	1259

(6) Students in the lowest quintile for achievement	1260
determined by a method prescribed by the state board of education.	1261

(C) "No Child Left Behind Act of 2001" includes the statutes	1262
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	1263
rules and regulations promulgated pursuant to those statutes,	1264
guidance documents, and any other policy directives regarding	1265
implementation of that act issued by the United States department	1266
of education.	1267

(D) "Adequate yearly progress" means a measure of annual	1268
academic performance as calculated in accordance with the "No	1269
Child Left Behind Act of 2001."	1270

(E) "Supplemental educational services" means additional	1271
academic assistance, such as tutoring, remediation, or other	1272
educational enrichment activities, that is conducted outside of	1273
the regular school day by a provider approved by the department in	1274
accordance with the "No Child Left Behind Act of 2001."	1275

(F) "Value-added progress dimension" means a measure of	1276
academic gain for a student or group of students over a specific	1277
period of time that is calculated by applying a statistical	1278
methodology to individual student achievement data derived from	1279
the achievement assessments prescribed by section 3301.0710 of the	1280
Revised Code. The "value-added progress dimension" shall be	1281
developed and implemented in accordance with section 3302.021 of	1282
the Revised Code.	1283

(G)(1) "Four-year adjusted cohort graduation rate" means the	1284
number of students who graduate in four years or less with a	1285
regular high school diploma divided by the number of students who	1286
form the adjusted cohort for the graduating class.	1287

(2) "Five-year adjusted cohort graduation rate" means the	1288
number of students who graduate in five years with a regular high	1289
school diploma divided by the number of students who form the	1290
adjusted cohort for the four-year graduation rate.	1291

(H) "State institution of higher education" has the same	1292
meaning as in section 3345.011 of the Revised Code.	1293

(I) "Annual measurable objectives" means a measure of student	1294
progress determined in accordance with an agreement between the	1295
department of education and the United States department of	1296
education.	1297

Sec. 3302.02. Not later than one year after the adoption of	1298
rules under division (D) of section 3301.0712 of the Revised Code	1299
and at least every sixth year thereafter, upon recommendations of	1300
the superintendent of public instruction, the state board of	1301
education shall establish a set of performance indicators that	1302
considered as a unit will be used as one of the performance	1303
categories for the report cards required by ~~division (C) of~~	1304
section 3302.03 of the Revised Code. In establishing these	1305
indicators, the superintendent shall consider inclusion of student	1306
performance on assessments prescribed under section 3301.0710 or	1307
3301.0712 of the Revised Code, rates of student improvement on	1308
such assessments, ~~student attendance,~~ the breadth of coursework	1309
available within the district, and other indicators of student	1310
success. ~~Not later than December 31, 2011, the state board, upon~~	1311
~~recommendation of the superintendent, shall establish a~~	1312

Beginning with the report card for the 2013-2014 school year,	1313
the performance ~~indicator reflecting~~indicators shall include an	1314
indicator that reflects the level of services provided to, and the	1315
performance of, students identified as gifted under Chapter 3324.	1316
of the Revised Code. The indicator shall include the level of	1317
gifted services provided, performance of students identified as	1318
gifted on state assessments, value-added growth measure	1319
disaggregated for students identified as gifted, the level of	1320
gifted identification effort, appropriate licensed gifted staff	1321
levels, the level of professional development provided to general	1322
education teachers working with gifted students, and gifted	1323
education spending.	1324

For the 2013-2014 school year, for any indicator based on the	1325
percentage of students attaining a proficient score on the	1326
assessments prescribed by divisions (A) and (B)(1) of section	1327
3301.0710 of the Revised Code, a school district or building shall	1328
be considered to have met the indicator if at least eighty per	1329
cent of the tested students attain a score of proficient or higher	1330
on the assessment. Not later than July 1, 2014, the state board	1331
may adopt rules, under Chapter 119. of the Revised Code, to	1332
establish a different proficiency percentage to meet each	1333
indicator that is based on a state assessment for the 2014-2015	1334
school year and thereafter.	1335

The superintendent shall inform the Ohio accountability ~~task~~	1336
~~force~~advisory committee established under section 3302.021 of the	1337
Revised Code of the performance indicators the superintendent	1338
establishes under this section and the rationale for choosing each	1339
indicator and for determining how a school district or building	1340
meets that indicator.	1341

The superintendent shall not establish any performance	1342
indicator for passage of the third or fourth grade English	1343
language arts assessment that is solely based on the assessment	1344
given in the fall for the purpose of determining whether students	1345
have met the reading guarantee provisions of section 3313.608 of	1346
the Revised Code.	1347

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1348
later than July 1, 2007, the department of education shall	1349
implement a value-added progress dimension for school districts	1350
and buildings and shall incorporate the value-added progress	1351
dimension into the report cards and performance ratings issued for	1352
districts and buildings under section 3302.03 of the Revised Code.	1353

The state board of education shall adopt rules, pursuant to	1354
Chapter 119. of the Revised Code, for the implementation of the	1355
value-added progress dimension. In adopting rules, the state board	1356
shall consult with the Ohio accountability ~~task force~~advisory	1357
committee established under division (E) of this section. The	1358
rules adopted under this division shall specify both of the	1359
following:	1360

(1) A scale for describing the levels of academic progress in	1361
reading and mathematics relative to a standard year of academic	1362
growth in those subjects for each of grades three through eight;	1363

(2) That the department shall maintain the confidentiality of	1364
individual student test scores and individual student reports in	1365
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1366
Revised Code and federal law. The department may require school	1367
districts to use a unique identifier for each student for this	1368
purpose. Individual student test scores and individual student	1369
reports shall be made available only to a student's classroom	1370
teacher and other appropriate educational personnel and to the	1371
student's parent or guardian.	1372

(B) The department shall use a system designed for collecting	1373
necessary data, calculating the value-added progress dimension,	1374
analyzing data, and generating reports, which system has been used	1375
previously by a nonprofit organization led by the Ohio business	1376
community for at least one year in the operation of a pilot	1377
program in cooperation with school districts to collect and report	1378
student achievement data via electronic means and to provide	1379
information to the districts regarding the academic performance of	1380
individual students, grade levels, school buildings, and the	1381
districts as a whole.	1382

(C) The department shall not pay more than two dollars per	1383
student for data analysis and reporting to implement the	1384
value-added progress dimension in the same manner and with the	1385
same services as under the pilot program described by division (B)	1386
of this section. However, nothing in this section shall preclude	1387
the department or any school district from entering into a	1388
contract for the provision of more services at a higher fee per	1389
student. Any data analysis conducted under this section by an	1390
entity under contract with the department shall be completed in	1391
accordance with timelines established by the superintendent of	1392
public instruction.	1393

(D) The department shall share any aggregate student data and	1394
any calculation, analysis, or report utilizing aggregate student	1395
data that is generated under this section with the chancellor of	1396
the Ohio board of regents. The department shall not share	1397
individual student test scores and individual student reports with	1398
the chancellor.	1399

(E)(1) There is hereby established the Ohio accountability	1400
~~task force~~advisory committee. The ~~task force~~advisory committee	1401
shall consist of the following ~~thirteen~~fourteen members:	1402

(a) The chairpersons and ranking minority members of the	1403
house of representatives and senate standing committees primarily	1404
responsible for education legislation, who shall be nonvoting	1405
members;	1406

(b) ~~One representative of the governor's office, appointed by~~	1407
~~the governor;~~	1408

~~(c)~~ The superintendent of public instruction, or the	1409
superintendent's designee, who shall be a nonvoting member;	1410

~~(d) One representative of teacher employee organizations~~	1411
~~formed pursuant to Chapter 4117. of the Revised Code~~(c) Three	1412
members of the public who shall have experience or expertise in	1413
education, statistics and student data analysis, or education	1414
public policy, appointed by the speaker of the house of	1415
representatives;	1416

~~(e) One representative of school district boards of education~~	1417
(d) Three members of the public who shall have experience or	1418
expertise in education, statistics and student data analysis, or	1419
education public policy, appointed by the president of the senate;	1420

~~(f) One school district superintendent~~(e) Two members of the	1421
public who shall have experience or expertise in education,	1422
statistics and student data analysis, or education public policy,	1423
appointed by the ~~speaker of the house of representatives~~	1424
governor;	1425

~~(g)~~(f) One ~~representative of business~~member of the public	1426
who shall have experience or expertise as an analyst or auditor,	1427
appointed by the ~~president of the senate;~~	1428

~~(h) One representative of a nonprofit organization led by the~~	1429
~~Ohio business community, appointed by the governor;~~	1430

~~(i) One school building principal, appointed by the president~~	1431
~~of the senate;~~	1432

~~(j) A member of the state board of education, appointed by~~	1433
~~the speaker of the house of representatives~~auditor of state.	1434

~~Initial appointed members of the task force shall serve until~~	1435
~~January 1, 2005. Thereafter,~~The terms of office for appointed	1436
members shall be for two years, each term ending on the same day	1437
of the same month as did the term that it succeeds. Each appointed	1438
member shall hold office from the date of appointment until the	1439
end of the term for which the member was appointed. Members may be	1440
reappointed. Vacancies shall be filled in the same manner as the	1441
original appointment. Any member appointed to fill a vacancy	1442
occurring prior to the expiration of the term for which the	1443
member's predecessor was appointed shall hold office for the	1444
remainder of that term.	1445

The ~~task force~~committee shall select from among its members	1446
a chairperson. The ~~task force~~committee shall meet at least ~~once~~	1447
twice each calendar year and at other times upon the call of the	1448
chairperson to conduct its business. Members of the ~~task force~~	1449
committee shall serve without compensation.	1450

(2) The ~~task force~~committee shall do all of the following:

1451

(a) Examine the implementation of the value-added progress	1452
dimension by the department, including the system described in	1453
division (B) of this section, and the reporting of performance	1454
data to school districts and buildings~~, and the provision of~~	1455
~~professional development on the interpretation of the data to~~	1456
~~classroom teachers and administrators~~;	1457

(b) Periodically review any fees for data analysis and	1458
reporting paid by the department pursuant to division (C) of this	1459
section and determine if the fees are appropriate based upon the	1460
level of services provided;	1461

(c) Periodically report to the ~~department~~governor, general	1462
assembly, and ~~the~~ state board on all issues related to the school	1463
district and building accountability system established under this	1464
chapter;	1465

(d) ~~Not later than seven years after its initial meeting,~~	1466
~~make recommendations to improve the school district and building~~	1467
~~accountability system established under this chapter.~~ The ~~task~~	1468
~~force~~committee shall adopt recommendations on improving the	1469
school district and building accountability system established	1470
under this chapter by a majority vote of its members. Copies of	1471
the recommendations shall be provided to the state board, the	1472
governor, the speaker of the house of representatives, and the	1473
president of the senate.	1474

~~(e) Determine starting dates for the implementation of the~~	1475
~~value-added progress dimension and its incorporation into school~~	1476
~~district and building report cards and performance ratings.~~	1477

(F) The superintendent of public instruction annually shall	1478
submit to the Ohio accountability advisory committee a summary of	1479
the results of the report cards issued under sections 3302.03 and	1480
3314.017 of the Revised Code.	1481

Sec. 3302.03. ~~(A) Annually the department of education shall~~	1482
~~report for each school district and each school building in a~~	1483
~~district all of the following:~~	1484

~~(1) The extent to which the school district or building meets~~	1485
~~each of the applicable performance indicators created by the state~~	1486
~~board of education under section 3302.02 of the Revised Code and~~	1487
~~the number of applicable performance indicators that have been~~	1488
~~achieved;~~	1489

~~(2) The performance index score of the school district or~~	1490
~~building;~~	1491

~~(3) Whether the school district or building has made adequate~~	1492
~~yearly progress;~~	1493

~~(4) Whether the school district or building is excellent,~~	1494
~~effective, needs continuous improvement, is under an academic~~	1495
~~watch, or is in a state of academic emergency.~~	1496

~~(B) Except as otherwise provided in division (B)(6) of this~~	1497
~~section:~~	1498

~~(1) A school district or building shall be declared excellent~~	1499
~~if it meets at least ninety-four per cent of the applicable state~~	1500
~~performance indicators or has a performance index score~~	1501
~~established by the department, except that if it does not make~~	1502
~~adequate yearly progress for two or more of the same subgroups for~~	1503
~~three or more consecutive years, it shall be declared effective.~~	1504

~~(2) A school district or building shall be declared effective~~	1505
~~if it meets at least seventy-five per cent but less than~~	1506
~~ninety-four per cent of the applicable state performance~~	1507
~~indicators or has a performance index score established by the~~	1508
~~department, except that if it does not make adequate yearly~~	1509
~~progress for two or more of the same subgroups for three or more~~	1510
~~consecutive years, it shall be declared in need of continuous~~	1511
~~improvement.~~	1512

~~(3) A school district or building shall be declared to be in~~	1513
~~need of continuous improvement if it fulfills one of the following~~	1514
~~requirements:~~	1515

~~(a) It makes adequate yearly progress, meets less than~~	1516
~~seventy-five per cent of the applicable state performance~~	1517
~~indicators, and has a performance index score established by the~~	1518
~~department.~~	1519

~~(b) It does not make adequate yearly progress and either~~	1520
~~meets at least fifty per cent but less than seventy-five per cent~~	1521
~~of the applicable state performance indicators or has a~~	1522
~~performance index score established by the department.~~	1523

~~(4) A school district or building shall be declared to be~~	1524
~~under an academic watch if it does not make adequate yearly~~	1525
~~progress and either meets at least thirty-one per cent but less~~	1526
~~than fifty per cent of the applicable state performance indicators~~	1527
~~or has a performance index score established by the department.~~	1528

~~(5) A school district or building shall be declared to be in~~	1529
~~a state of academic emergency if it does not make adequate yearly~~	1530
~~progress, does not meet at least thirty-one per cent of the~~	1531
~~applicable state performance indicators, and has a performance~~	1532
~~index score established by the department.~~	1533

~~(6) Division (B)(6) of this section does not apply to any~~	1534
~~community school established under Chapter 3314. of the Revised~~	1535
~~Code in which a majority of the students are enrolled in a dropout~~	1536
~~prevention and recovery program.~~	1537

~~A school district or building shall not be assigned a higher~~	1538
~~performance rating than in need of continuous improvement if at~~	1539
~~least ten per cent but not more than fifteen per cent of the~~	1540
~~enrolled students do not take all achievement assessments~~	1541
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1542
~~of section 3301.0710 of the Revised Code from which they are not~~	1543
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1544
~~the Revised Code. A school district or building shall not be~~	1545
~~assigned a higher performance rating than under an academic watch~~	1546
~~if more than fifteen per cent but not more than twenty per cent of~~	1547
~~the enrolled students do not take all achievement assessments~~	1548
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1549
~~of section 3301.0710 of the Revised Code from which they are not~~	1550
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1551
~~the Revised Code. A school district or building shall not be~~	1552
~~assigned a higher performance rating than in a state of academic~~	1553
~~emergency if more than twenty per cent of the enrolled students do~~	1554
~~not take all achievement assessments prescribed for their grade~~	1555
~~level under division (A)(1) or (B)(1) of section 3301.0710 of the~~	1556
~~Revised Code from which they are not excused pursuant to division~~	1557
~~(C)(1) or (3) of section 3301.0711 of the Revised Code.~~	1558

~~(C)(1) The department shall issue annual report cards for~~	1559
~~each school district, each building within each district, and for~~	1560
~~the state as a whole reflecting performance on the indicators~~	1561
~~created by the state board under section 3302.02 of the Revised~~	1562
~~Code, the performance index score, and adequate yearly progress.~~	1563

~~(2) The department shall include on the report card for each~~	1564
~~district information pertaining to any change from the previous~~	1565
~~year made by the school district or school buildings within the~~	1566
~~district on any performance indicator.~~	1567

~~(3)~~Annually, the department of education shall assign a	1568
letter grade for overall academic performance and for each	1569
separate performance measure to create a performance profile for	1570
each school district, and each school building in a district, in	1571
accordance with this section. The state board shall adopt rules	1572
pursuant to Chapter 119. of the Revised Code to establish	1573
performance criteria for each letter grade and prescribe a method	1574
by which the department assigns each letter grade. For a school	1575
building to which any of the performance measures do not apply,	1576
due to grade levels served by the building, the state board shall	1577
designate the performance measures that are applicable to the	1578
building and that must be calculated separately and used to	1579
calculate the building's overall grade. The department shall issue	1580
annual report cards reflecting the performance profile of each	1581
school district, each building within each district, and for the	1582
state as a whole using the performance measures and letter grade	1583
system described in this section. The department shall include on	1584
the report card for each district the most recent two-year trend	1585
data in student achievement for each subject and each grade.	1586

(A)(1) For the 2012-2013 school year, the department shall	1587
issue grades as described in division (E) of this section for each	1588
of the following performance measures:	1589

(a) Annual measurable objectives;

1590

(b) Performance index score for a school district or	1591
building. Grades shall be awarded as a percentage of the total	1592
possible points on the performance index system as adopted by the	1593
state board. In adopting benchmarks for assigning letter grades	1594
under division (A)(1)(b) of this section, the state board of	1595
education shall designate ninety per cent or higher for an "A," at	1596
least seventy per cent but not more than eighty per cent for a	1597
"C," and less than fifty per cent for an "F."	1598

(c) The extent to which the school district or building meets	1599
each of the applicable performance indicators established by the	1600
state board under section 3302.02 of the Revised Code and the	1601
percentage of applicable performance indicators that have been	1602
achieved. In adopting benchmarks for assigning letter grades under	1603
division (A)(1)(c) of this section, the state board shall	1604
designate ninety per cent or higher for an "A."	1605

(d) The four- and five-year adjusted cohort graduation rates.

1606

In adopting benchmarks for assigning letter grades under	1607
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1608
department shall designate a four-year adjusted cohort graduation	1609
rate of ninety-three per cent or higher for an "A" and a five-year	1610
cohort graduation rate of ninety-five per cent or higher for an	1611
"A."	1612

(e) The overall score under the value-added progress	1613
dimension of a school district or building, for which the	1614
department shall use at least three years of value-added data as	1615
available. The letter grade assigned for this growth measure shall	1616
be as follows:	1617

(i) A score that is at least two standard errors of measure	1618
above the mean score shall be designated as an "A."	1619

(ii) A score that is at least one standard error of measure	1620
but less than two standard errors of measure above the mean score	1621
shall be designated as a "B."	1622

(iii) A score that is less than one standard error of measure	1623
above the mean score but greater than or equal to one standard	1624
error of measure below the mean score shall be designated as a	1625
"C."	1626

(iv) A score that is not greater than one standard error of	1627
measure below the mean score but is greater than or equal to two	1628
standard errors of measure below the mean score shall be	1629
designated as a "D."	1630

(v) A score that is not greater than two standard errors of	1631
measure below the mean score shall be designated as an "F."	1632

Whenever the value-added progress dimension is used as a	1633
graded performance measure, whether as an overall measure or as a	1634
measure of separate subgroups, the grades for the measure shall be	1635
calculated in the same manner as prescribed in division (A)(1)(e)	1636
of this section.	1637

(f) The rate of participation and average score among	1638
students enrolled in a district or building on a national	1639
standardized test for college admission, selected by the state	1640
board. In adopting benchmarks for assigning letter grades under	1641
divisions (A)(1)(f), (B)(1)(f), and (C)(1)(f) of this section, the	1642
department shall designate as the benchmark for a "C" attainment	1643
of at least both of the following:	1644

(i) A fifty per cent participation rate among eligible	1645
students. The state board shall define a method by which to	1646
calculate the participation rate and the meaning of the term	1647
"eligible student."	1648

(ii) An average district or building composite score that is	1649
the equivalent of the state mean composite score on the test.	1650

(g) The percentage of a district's or building's students who	1651
enroll in state institutions of higher education and who are	1652
determined not to be college-ready. To the extent possible, the	1653
department also shall include the percentage of students who	1654
enroll in institutions of higher education outside of the state	1655
who are determined not to be college-ready. The chancellor of the	1656
Ohio board of regents shall prescribe a method for determining	1657
college readiness. The method prescribed by the chancellor shall	1658
account for all students and shall not classify as not	1659
college-ready those students who do not attend an institution of	1660
higher education, including those students who elect not to go to	1661
college, join the military, or attend institutions that do not	1662
report college-ready statistics.	1663

(h) The value-added progress dimension score for a school	1664
district or building disaggregated for each of the following	1665
subgroups: students identified as gifted, students with	1666
disabilities, and students whose performance places them in the	1667
lowest quintile for achievement on a statewide basis. Each	1668
subgroup shall be a separate graded measure.	1669

(i) The percentage of the district's or building's students	1670
who receive an honors diploma under division (B) of section	1671
3313.61 of the Revised Code. In adopting benchmarks for assigning	1672
letter grades under divisions (A)(1)(i), (B)(1)(k), and (C)(1)(l)	1673
of this section, the state board shall designate at least fifty	1674
per cent of students who have earned an honors diploma as the	1675
benchmark for an "A."	1676

(2) In addition to the graded measures in division (A)(1) of	1677
this section, the department shall include on a school district's	1678
or building's report card both of the following without an	1679
assigned letter grade:	1680

(a) The rate of participation among students enrolled in a	1681
district or building in advanced placement classes and the	1682
percentage of those students who receive a score of three or	1683
better on advanced placement examinations;	1684

(b) The number of high school and college credits a	1685
district's or building's students have earned in that school year	1686
through dual enrollment programs, such as the post-secondary	1687
enrollment options program under Chapter 3365. of the Revised Code	1688
and career-technical dual enrollment programs, that appear on a	1689
student's post-secondary transcript or other official document,	1690
either of which is issued by the institution of higher education	1691
from which the student earned the college credit. The credits	1692
earned that are displayed under divisions (A)(2)(b), (B)(2)(a),	1693
and (C)(1)(j) of this section shall not include any that are	1694
remedial or developmental, shall include those that are	1695
transferrable to other institutions of higher education of the	1696
university system of Ohio, and shall include those that count	1697
toward the curriculum requirements established for completion of a	1698
student's degree.	1699

(3) Not later than April 30, 2013, the state board of	1700
education shall adopt a resolution describing the performance	1701
measures, benchmarks, and grading system for the 2012-2013 school	1702
year and, not later than June 30, 2013, shall adopt rules in	1703
accordance with Chapter 119. of the Revised Code that prescribe	1704
the methods by which the performance measures under division	1705
(A)(1) of this section shall be assessed and assigned a letter	1706
grade, including performance benchmarks for each letter grade.	1707

(4) There shall not be an overall letter grade for a school	1708
district or building for the 2012-2013 school year.	1709

(B)(1) For the 2013-2014 school year, the department shall	1710
issue grades as described in division (E) of this section for each	1711
of the following performance measures:	1712

(a) Annual measurable objectives;

1713

(b) Performance index score for a school district or	1714
building. Grades shall be awarded as a percentage of the total	1715
possible points on the performance index system as created by the	1716
department. In adopting benchmarks for assigning letter grades	1717
under division (B)(1)(b) of this section, the state board shall	1718
designate ninety per cent or higher for an "A," at least seventy	1719
per cent but not more than eighty per cent for a "C," and less	1720
than fifty per cent for an "F."	1721

(c) The extent to which the school district or building meets	1722
each of the applicable performance indicators established by the	1723
state board under section 3302.03 of the Revised Code and the	1724
percentage of applicable performance indicators that have been	1725
achieved. In adopting benchmarks for assigning letter grades under	1726
division (B)(1)(c) of this section, the state board shall	1727
designate ninety per cent or higher for an "A."	1728

(d) The four- and five-year adjusted cohort graduation rates;

1729

(e) The overall score under the value-added progress	1730
dimension of a school district or building, for which the	1731
department shall use at least three years of value-added data as	1732
available.	1733

(f) The rate of participation and average score among	1734
students enrolled in a district or building on a national	1735
standardized test for college admission, selected by the state	1736
board;	1737

(g) The percentage of a district's or building's students who	1738
enroll in state institutions of higher education and who are	1739
determined not to be college-ready, as determined by the	1740
chancellor. To the extent possible, the department also shall	1741
include the percentage of students who enroll in institutions of	1742
higher education outside of the state who are determined not to be	1743
college-ready.	1744

(h) The rate of participation among students enrolled in a	1745
district or building in advanced placement classes and the	1746
percentage of those students who receive a score of three or	1747
better on advanced placement examinations;	1748

(i) The value-added progress dimension score for a school	1749
district or building disaggregated for each of the following	1750
subgroups: students identified as gifted in superior cognitive	1751
ability and specific academic ability fields under Chapter 3324.	1752
of the Revised Code, students with disabilities, and students	1753
whose performance places them in the lowest quintile for	1754
achievement on a statewide basis. Each subgroup shall be a	1755
separate graded measure.	1756

(j) Whether a school district or building is making progress	1757
in improving literacy in grades kindergarten through three, as	1758
determined using a method prescribed by the state board. In	1759
adopting letter grades under division (B)(1)(j) of this section,	1760
the state board shall designate for an "A" grade that a school	1761
district or building must both reduce its percentage of students	1762
scoring below grade level on the English language arts diagnostic	1763
assessments, administered under section 3301.0715 of the Revised	1764
Code, for each of grades kindergarten through two by fifty per	1765
cent or more and reduce its percentage of students scoring below	1766
proficient on the third-grade English language arts assessment	1767
under section 3301.0710 of the Revised Code by fifty per cent or	1768
more. The state board shall designate for a "C" grade a value that	1769
is not lower than the statewide average value for this measure. No	1770
grade shall be issued under divisions (B)(1)(j) and (C)(1)(k) of	1771
this section for a district or building in which less than five	1772
per cent of students have scored below proficient on the	1773
third-grade English language arts assessment under section	1774
3301.0710 of the Revised Code.	1775

(k) The percentage of the district's or building's students	1776
who receive an honors diploma under division (B) of section	1777
3313.61 of the Revised Code.	1778

(l) The results of the college and career-ready assessments	1779
administered under division (B)(1) of section 3301.0712 of the	1780
Revised Code. In adopting benchmarks for assigning letter grades	1781
under divisions (B)(1)(l) and (C)(1)(l) of this section, the state	1782
board shall designate that a grade of "C" shall not be less than	1783
the state mean composite score on the assessments.	1784

(2) In addition to the graded measures in division (B)(1) of	1785
this section, the department shall include on a school district's	1786
or building's report card, without an assigned letter grade, the	1787
number of high school and college credits a district's or	1788
building's students have earned in that school year through dual	1789
enrollment programs, such as the post-secondary enrollment options	1790
program under Chapter 3365. of the Revised Code and federal	1791
career-technical dual enrollment programs, that appear on a	1792
student's transcript or other official document, either of which	1793
is issued by the institution of higher education from which the	1794
student earned the college credit.	1795

(3) Not later than December 31, 2013, the state board shall	1796
adopt rules in accordance with Chapter 119. of the Revised Code	1797
that prescribe the methods by which the performance measures under	1798
divisions (B)(1)(h), (B)(1)(i), and (B)(1)(j) of this section will	1799
be assessed and assigned a letter grade, including performance	1800
benchmarks for each grade.	1801

(4) There shall not be an overall letter grade for a school	1802
district or building for the 2013-2014 school year.	1803

(C)(1) For the 2014-2015 school year and each school year	1804
thereafter, the department shall issue grades as described in	1805
division (E) of this section for each of the following performance	1806
measures and an overall letter grade based on an aggregate of	1807
those measures:	1808

(a) Annual measurable objectives;

1809

(b) Performance index score for a school district or	1810
building. Grades shall be awarded as a percentage of the total	1811
possible points on the performance index system as created by the	1812
department. In adopting benchmarks for assigning letter grades	1813
under division (C)(1)(b) of this section, the state board shall	1814
designate ninety per cent or higher for an "A."	1815

(c) The extent to which the school district or building meets	1816
each of the applicable performance indicators established by the	1817
state board under section 3302.03 of the Revised Code and the	1818
percentage of applicable performance indicators that have been	1819
achieved. In adopting benchmarks for assigning letter grades under	1820
division (C)(1)(c) of this section, the state board shall	1821
designate ninety per cent or higher for an "A," at least seventy	1822
per cent but not more than eighty per cent for a "C," and less	1823
than fifty per cent for an "F."	1824

(d) The four- and five-year adjusted cohort graduation rates;

1825

(e) The overall score under the value-added progress	1826
dimension, or another measure of student academic progress if	1827
adopted by the state board, of a school district or building, for	1828
which the department shall use at least three years of value-added	1829
data as available.	1830

In adopting benchmarks for assigning letter grades for	1831
overall score on value-added progress dimension under division	1832
(C)(1)(e) of this section, the state board shall prohibit the	1833
assigning of a grade of "A" for that measure unless the district's	1834
or building's grade assigned for value-added progress dimension	1835
for all subgroups under division (C)(1)(i) of this section is a	1836
"B" or higher.	1837

For the metric prescribed by division (C)(1)(e) of this	1838
section, the state board may adopt a student academic progress	1839
measure to be used instead of the value-added progress dimension.	1840
If the state board adopts such a measure, it also shall prescribe	1841
a method for assigning letter grades for the new measure that is	1842
comparable to the method prescribed in division (A)(1)(e) of this	1843
section.	1844

(f) The rate of participation and average score among	1845
students enrolled in a district or building on a national	1846
standardized test for college admission, selected by the state	1847
board;	1848

(g) The percentage of a district's or building's students who	1849
enroll in state institutions of higher education who are	1850
determined not to be college-ready as determined by the	1851
chancellor. To the extent possible, the department also shall	1852
include the percentage of students who enroll in institutions of	1853
higher education outside of the state who are determined not to be	1854
college-ready.	1855

(h) The rate of participation among students enrolled in a	1856
district or building in advanced placement classes and the	1857
percentage of those students who receive a score of three or	1858
better on advanced placement examinations;	1859

(i) The value-added progress dimension score of a school	1860
district or building disaggregated for each of the following	1861
subgroups: students identified as gifted in superior cognitive	1862
ability and specific academic ability fields under Chapter 3324.	1863
of the Revised Code, students with disabilities, and students	1864
whose performance places them in the lowest quintile for	1865
achievement on a statewide basis, as determined by a method	1866
prescribed by the state board. Each subgroup shall be a separate	1867
graded measure.	1868

The state board may adopt student academic progress measures	1869
to be used instead of the value-added progress dimension. If the	1870
state board adopts such measures, it also shall prescribe a method	1871
for assigning letter grades for the new measures that is	1872
comparable to the method prescribed in division (A)(1)(e) of this	1873
section.	1874

(j) The number of high school and college credits students	1875
enrolled in a district or building have earned through dual	1876
enrollment programs, such as the post-secondary enrollment options	1877
program under Chapter 3365. of the Revised Code and federal	1878
career-technical dual enrollment programs, that appear on a	1879
student's transcript or other official document, either of which	1880
is issued by the institution of higher education from which the	1881
student earned the college credit. For the 2014-2015 school year	1882
and each school year thereafter, the state board shall develop a	1883
method to identify and track high school and college credits	1884
earned by a student through international baccalaureate programs,	1885
and develop a measure for issuing a grade for credits earned by a	1886
student through those programs. The department may substitute the	1887
credits earned through advanced placement classes prescribed under	1888
division (C)(1)(h) of this section with credits earned through	1889
international baccalaureate programs prescribed under division	1890
(C)(1)(j) of this section.	1891

(k) Whether a school district or building is making progress	1892
in improving literacy in grades kindergarten through three, as	1893
determined using a method prescribed by the state board. In	1894
adopting benchmarks for assigning letter grades under division	1895
(C)(1)(k) of this section, the state board shall designate for a	1896
"C" grade a value that is not lower than the statewide average	1897
value for this measure.	1898

(l) The percentage of the district's or building's students	1899
who receive an honors diploma under division (B) of section	1900
3313.61 of the Revised Code;	1901

(m) The results of the college and career-ready assessments	1902
administered under division (B)(1) of section 3301.0712 of the	1903
Revised Code;	1904

(n) The percentage of the district's or the building's	1905
students who receive industry credentials. Not later than July 1,	1906
2014, the state board shall adopt benchmarks for assigning letter	1907
grades for this measure.	1908

(2) The state board shall adopt rules pursuant to Chapter	1909
119. of the Revised Code that establish a method to assign an	1910
overall grade for a school district or school building for the	1911
2014-2015 school year and each school year thereafter. The rules	1912
shall group the performance measures in division (C)(1) of this	1913
section into the following components:	1914

(a) Gap closing, which shall include the performance measure	1915
in division (C)(1)(a) of this section;	1916

(b) Achievement, which shall include the performance measures	1917
in divisions (C)(1)(b) and (c) of this section;	1918

(c) Progress, which shall include the performance measures in	1919
divisions (C)(1)(e) and (i) of this section;	1920

(d) Graduation, which shall include the performance measure	1921
in division (C)(1)(d) of this section;	1922

(e) Kindergarten through third-grade literacy, which shall	1923
include the performance measure in division (C)(1)(k) of this	1924
section;	1925

(f) Prepared for success, which shall include the performance	1926
measures in divisions (C)(1)(f), (g), (h), (j), (l), (m), and (n)	1927
of this section.	1928

In the rules adopted under division (C)(2) of this section,	1929
the state board shall adopt a method for calculating a grade for	1930
each component in divisions (C)(2)(a) to (f) of this section. The	1931
state board also shall establish a method to assign an overall	1932
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1933
each component. The method the state board adopts for assigning an	1934
overall grade shall give equal weight to the components in	1935
divisions (C)(2)(b) and (c) of this section.	1936

At least forty-five days prior to the state board's adoption	1937
of rules to prescribe the methods for calculating the overall	1938
grade for the report card, as required by this division, the	1939
department shall conduct a public presentation before the standing	1940
committees of the house of representatives and the senate that	1941
consider education legislation describing the format for the	1942
report card, weights that will be assigned to the components of	1943
the overall grade, and the method for calculating the overall	1944
grade.	1945

(D) Not later than July 1, 2015, the state board shall	1946
develop a measure of student academic progress for high school	1947
students. Beginning with the report card for the 2015-2016 school	1948
year, each school district and applicable school building shall be	1949
assigned a separate letter grade for this measure and the	1950
district's or building's grade for that measure shall be included	1951
in determining the district's or building's overall letter grade.	1952
This measure shall be included within the measure prescribed in	1953
division (C)(1)(c) of this section in the calculation for the	1954
overall letter grade.	1955

(E) The letter grades assigned to a school district or	1956
building under this section shall be as follows:	1957

(1) "A" for a district or school making excellent progress;

1958

(2) "B" for a district or school making above average	1959
progress;	1960

(3) "C" for a district or school making average progress;

1961

(4) "D" for a district or school making below average	1962
progress;	1963

(5) "F" for a district or school failing to meet minimum	1964
progress.	1965

(F) When reporting data on student ~~performance~~achievement	1966
and progress, the department shall disaggregate that data	1967
according to the following categories:	1968

~~(a)~~(1) Performance of students by ~~age group~~grade-level;

1969

~~(b)~~(2) Performance of students by race and ethnic group;

1970

~~(c)~~(3) Performance of students by gender;

1971

~~(d)~~(4) Performance of students grouped by those who have been	1972
enrolled in a district or school for three or more years;	1973

~~(e)~~(5) Performance of students grouped by those who have been	1974
enrolled in a district or school for more than one year and less	1975
than three years;	1976

~~(f)~~(6) Performance of students grouped by those who have been	1977
enrolled in a district or school for one year or less;	1978

~~(g)~~(7) Performance of students grouped by those who are	1979
economically disadvantaged;	1980

~~(h)~~(8) Performance of students grouped by those who are	1981
enrolled in a conversion community school established under	1982
Chapter 3314. of the Revised Code;	1983

~~(i)~~(9) Performance of students grouped by those who are	1984
classified as limited English proficient;	1985

~~(j)~~(10) Performance of students grouped by those who have	1986
disabilities;	1987

~~(k)~~(11) Performance of students grouped by those who are	1988
classified as migrants;	1989

~~(l)~~(12) Performance of students grouped by those who are	1990
identified as gifted in superior cognitive ability and the	1991
specific academic ability fields of reading and math pursuant to	1992
Chapter 3324. of the Revised Code. In disaggregating specific	1993
academic ability fields for gifted students, the department shall	1994
use data for those students with specific academic ability in math	1995
and reading. If any other academic field is assessed, the	1996
department shall also include data for students with specific	1997
academic ability in that field as well.	1998

(13) Performance of students grouped by those who perform in	1999
the lowest quintile for achievement on a statewide basis, as	2000
determined by a method prescribed by the state board.	2001

The department may disaggregate data on student performance	2002
according to other categories that the department determines are	2003
appropriate. To the extent possible, the department shall	2004
disaggregate data on student performance according to any	2005
combinations of two or more of the categories listed in divisions	2006
~~(C)(3)(a)~~(F)(1) to ~~(l)~~(13) of this section that it deems relevant.	2007

In reporting data pursuant to division ~~(C)(3)~~(F) of this	2008
section, the department shall not include in the report cards any	2009
data statistical in nature that is statistically unreliable or	2010
that could result in the identification of individual students.	2011
For this purpose, the department shall not report student	2012
performance data for any group identified in division ~~(C)(3)~~(F) of	2013
this section that contains less than ten students. If the	2014
department does not report student performance data for a group	2015
because it contains less than ten students, the department shall	2016
indicate on the report card that is why data was not reported.	2017

~~(4)~~(G) The department may include with the report cards any	2018
additional education and fiscal performance data it deems	2019
valuable.	2020

~~(5)~~(H) The department shall include on each report card a	2021
list of additional information collected by the department that is	2022
available regarding the district or building for which the report	2023
card is issued. When available, such additional information shall	2024
include student mobility data disaggregated by race and	2025
socioeconomic status, college enrollment data, and the reports	2026
prepared under section 3302.031 of the Revised Code.	2027

The department shall maintain a site on the world wide web.	2028
The report card shall include the address of the site and shall	2029
specify that such additional information is available to the	2030
public at that site. The department shall also provide a copy of	2031
each item on the list to the superintendent of each school	2032
district. The district superintendent shall provide a copy of any	2033
item on the list to anyone who requests it.	2034

~~(6)~~(I) Division ~~(C)(6)~~(I) of this section does not apply to	2035
conversion community schools that primarily enroll students	2036
between sixteen and twenty-two years of age who dropped out of	2037
high school or are at risk of dropping out of high school due to	2038
poor attendance, disciplinary problems, or suspensions.	2039

~~(a)~~(1) For any district that sponsors a conversion community	2040
school under Chapter 3314. of the Revised Code, the department	2041
shall combine data regarding the academic performance of students	2042
enrolled in the community school with comparable data from the	2043
schools of the district for the purpose of ~~calculating~~determining	2044
the performance of the district as a whole on the report card	2045
issued for the district under this section or section 3302.033 of	2046
the Revised Code.	2047

~~(b)~~(2) Any district that leases a building to a community	2048
school located in the district or that enters into an agreement	2049
with a community school located in the district whereby the	2050
district and the school endorse each other's programs may elect to	2051
have data regarding the academic performance of students enrolled	2052
in the community school combined with comparable data from the	2053
schools of the district for the purpose of ~~calculating~~determining	2054
the performance of the district as a whole on the district report	2055
card. Any district that so elects shall annually file a copy of	2056
the lease or agreement with the department.	2057

~~(c)~~(3) Any municipal school district, as defined in section	2058
3311.71 of the Revised Code, that sponsors a community school	2059
located within the district's territory, or that enters into an	2060
agreement with a community school located within the district's	2061
territory whereby the district and the community school endorse	2062
each other's programs, may exercise either or both of the	2063
following elections:	2064

~~(i)~~(a) To have data regarding the academic performance of	2065
students enrolled in that community school combined with	2066
comparable data from the schools of the district for the purpose	2067
of ~~calculating~~determining the performance of the district as a	2068
whole on the district's report card;	2069

~~(ii)~~(b) To have the number of students attending that	2070
community school noted separately on the district's report card.	2071

The election authorized under division ~~(C)(6)(c)(i)~~(I)(3)(a)	2072
of this section is subject to approval by the governing authority	2073
of the community school.	2074

Any municipal school district that exercises an election to	2075
combine or include data under division ~~(C)(6)(c)~~(I)(3) of this	2076
section, by the first day of October of each year, shall file with	2077
the department documentation indicating eligibility for that	2078
election, as required by the department.	2079

~~(7)~~(J) The department shall include on each report card the	2080
percentage of teachers in the district or building who are highly	2081
qualified, as defined by the "No Child Left Behind Act of 2001,"	2082
and a comparison of that percentage with the percentages of such	2083
teachers in similar districts and buildings.	2084

~~(8) The department shall include on the report card the~~	2085
~~number of lead teachers employed by each district and each~~	2086
~~building once the data is available from the education management~~	2087
~~information system established under section 3301.0714 of the~~	2088
~~Revised Code.~~	2089

~~(D)~~(K)(1) In calculating English language arts, mathematics,	2090
social studies, or science assessment passage rates used to	2091
determine school district or building performance under this	2092
section, the department shall include all students taking an	2093
assessment with accommodation or to whom an alternate assessment	2094
is administered pursuant to division (C)(1) or (3) of section	2095
3301.0711 of the Revised Code.	2096

(2) In calculating performance index scores, rates of	2097
achievement on the performance indicators established by the state	2098
board under section 3302.02 of the Revised Code, and annual	2099
measurable objectives for determining adequate yearly progress for	2100
school districts and buildings under this section, the department	2101
shall do all of the following:	2102

(a) Include for each district or building only those students	2103
who are included in the ADM certified for the first full school	2104
week of October and are continuously enrolled in the district or	2105
building through the time of the spring administration of any	2106
assessment prescribed by division (A)(1) or (B)(1) of section	2107
3301.0710 of the Revised Code that is administered to the	2108
student's grade level;	2109

(b) Include cumulative totals from both the fall and spring	2110
administrations of the third grade English language arts	2111
achievement assessment;	2112

(c) Except as required by the "No Child Left Behind Act of	2113
2001~~" for the calculation of adequate yearly progress~~," exclude	2114
for each district or building any limited English proficient	2115
student who has been enrolled in United States schools for less	2116
than one full school year.	2117

Sec. 3302.033. The state board of education, in consultation	2118
with the chancellor of the Ohio board of regents, any office	2119
within the office of the governor concerning workforce	2120
development, the Ohio association of career and technical	2121
education, the Ohio association of city career-technical schools,	2122
and the Ohio association of career-technical superintendents,	2123
shall approve a report card for joint vocational school districts	2124
and for other career-technical planning districts that are not	2125
joint vocational school districts, which may contain disaggregated	2126
data for each joint vocational school district, if applicable. The	2127
state board shall submit details of the approved report card to	2128
the governor, the speaker of the house of representatives, the	2129
president of the senate, and the chairpersons of the standing	2130
committees of the house of representatives and the senate	2131
principally responsible for education policy. The department of	2132
education annually shall issue a report card for each joint	2133
vocational school district and other career-technical planning	2134
~~district~~districts that are not joint vocational school districts,	2135
beginning with report cards for the 2012-2013 school year to be	2136
published not later than September 1, 2013.	2137

As used in this section, "career-technical planning district"	2138
means a school district or group of school districts designated by	2139
the department as being responsible for the planning for and	2140
provision of career-technical education services to students	2141
within the district or group.	2142

Sec. 3302.034. (A) Not later than December 31, 2013, the	2143
state board of education shall adopt and specify measures in	2144
addition to those included on the report card issued under section	2145
3302.03 of the Revised Code. The measures adopted under this	2146
section shall be reported separately, as specified under division	2147
(B) of this section, for each school district, each building in a	2148
district, each community school established under Chapter 3314.,	2149
each STEM school established under Chapter 3326., and each	2150
college-preparatory boarding school established under Chapter	2151
3328. of the Revised Code. The measures shall include at least the	2152
following:	2153

(1) Data for students who have passed over a grade or subject	2154
area under an acceleration policy prescribed under section 3324.10	2155
of the Revised Code;	2156

(2) The number of students who are eligible to receive and	2157
those that are receiving free lunch under the "National School	2158
Lunch Act," 42 U.S.C. 1751, as amended, and the "Child Nutrition	2159
Act of 1966," 42 U.S.C. 1771, as amended;	2160

(3) The number of lead teachers employed by each district and	2161
each building once the data is available through the education	2162
management information system established under section 3301.0714	2163
of the Revised Code;	2164

(4) The amount of students screened and identified as gifted	2165
under Chapter 3324. of the Revised Code;	2166

(5) Postgraduate student outcome data as described under	2167
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;	2168

(6) Availability of courses in fine arts;

2169

(7) Participation with other school districts to provide	2170
career-technical education services to students;	2171

(8) The amount of extracurricular services offered to	2172
students.	2173

(B) The department shall report this information annually	2174
beginning with the 2013-2014 school year and make this information	2175
available on its web site for comparison purposes.	2176

Sec. 3302.04. As used in divisions (A), (C), and (D) of this	2177
section, for the 2014-2015 school year, and for each school year	2178
thereafter, when a provision refers to a school district or school	2179
building in a state of academic emergency, it shall mean a	2180
district or building rated "F"; when a provision refers to a	2181
school district or school building under an academic watch, it	2182
shall mean a district or building rated "D"; and when a provision	2183
refers to a school district or school building in need of	2184
continuous improvement, it shall mean a district or building rated	2185
"C" as those letter grade ratings for overall performance are	2186
assigned under division (C)(2) of section 3302.03 of the Revised	2187
Code, as it exists on or after the effective date of this	2188
amendment.	2189

(A) The department of education shall establish a system of	2190
intensive, ongoing support for the improvement of school districts	2191
and school buildings. In accordance with the model of	2192
differentiated accountability described in section 3302.041 of the	2193
Revised Code, the system shall give priority to the following:	2194

(1) For any school year prior to the 2012-2013 school year,	2195
districts and buildings that have been declared to be under an	2196
academic watch or in a state of academic emergency under section	2197
3302.03 of the Revised Code ~~and~~;	2198

(2) For the 2012-2013 school year, and for each school year	2199
thereafter, districts and buildings in the manner prescribed by	2200
any agreement currently in force between the department and the	2201
United States department of education. The department shall	2202
endeavor to include schools and buildings that receive grades	2203
under section 3302.03 of the Revised Code that the department	2204
considers to be low performing.	2205

The system shall include services provided to districts and	2206
buildings through regional service providers, such as educational	2207
service centers.	2208

(B) This division does not apply to any school district after	2209
June 30, 2008.	2210

When a school district has been notified by the department	2211
pursuant to ~~division (A) of~~ section 3302.03 of the Revised Code	2212
that the district or a building within the district has failed to	2213
make adequate yearly progress for two consecutive school years,	2214
the district shall develop a three-year continuous improvement	2215
plan for the district or building containing each of the	2216
following:	2217

(1) An analysis of the reasons for the failure of the	2218
district or building to meet any of the applicable performance	2219
indicators established under section 3302.02 of the Revised Code	2220
that it did not meet and an analysis of the reasons for its	2221
failure to make adequate yearly progress;	2222

(2) Specific strategies that the district or building will	2223
use to address the problems in academic achievement identified in	2224
division (B)(1) of this section;	2225

(3) Identification of the resources that the district will	2226
allocate toward improving the academic achievement of the district	2227
or building;	2228

(4) A description of any progress that the district or	2229
building made in the preceding year toward improving its academic	2230
achievement;	2231

(5) An analysis of how the district is utilizing the	2232
professional development standards adopted by the state board	2233
pursuant to section 3319.61 of the Revised Code;	2234

(6) Strategies that the district or building will use to	2235
improve the cultural competency, as defined pursuant to section	2236
3319.61 of the Revised Code, of teachers and other educators.	2237

No three-year continuous improvement plan shall be developed	2238
or adopted pursuant to this division unless at least one public	2239
hearing is held within the affected school district or building	2240
concerning the final draft of the plan. Notice of the hearing	2241
shall be given two weeks prior to the hearing by publication in	2242
one newspaper of general circulation within the territory of the	2243
affected school district or building. Copies of the plan shall be	2244
made available to the public.	2245

(C) ~~When~~(1) For any school year prior to the school year	2246
that begins on July 1, 2012, when a school district or building	2247
has been notified by the department pursuant to ~~division (A) of~~	2248
section 3302.03 of the Revised Code that the district or building	2249
is under an academic watch or in a state of academic emergency,	2250
the district or building shall be subject to any rules	2251
establishing intervention in academic watch or emergency school	2252
districts or buildings.	2253

(2) For the 2012-2013 school year, and for each school year	2254
thereafter, when a district or building has been notified by the	2255
department pursuant to section 3302.03 of the Revised Code that	2256
the district or building has received a rating of "F" for the	2257
number of performance indicators met, a rating of "F" for the	2258
performance index score, or a rating of "D" or "F" for the	2259
value-added progress dimension, the district or building shall be	2260
subject to any rules establishing intervention in such districts	2261
or buildings.	2262

(D)(1) ~~Within~~For any school year prior to the 2012-2013	2263
school year, within one hundred twenty days after any school	2264
district or building is declared to be in a state of academic	2265
emergency under section 3302.03 of the Revised Code, the	2266
department may initiate a site evaluation of the building or	2267
school district.	2268

(2) For the 2012-2013 school year, and for each school year	2269
thereafter, within one hundred twenty days after any school	2270
district or building has received a rating of "F" for the	2271
performance index score or received a rating of "D" or "F" for the	2272
value-added progress dimension under section 3302.03 of the	2273
Revised Code, the department may initiate a site evaluation of the	2274
building or school district.	2275

(3) Division (D)~~(2)~~(3) of this section does not apply to any	2276
school district after June 30, 2008.	2277

If any school district that is declared to be in a state of	2278
academic emergency or in a state of academic watch under section	2279
3302.03 of the Revised Code or encompasses a building that is	2280
declared to be in a state of academic emergency or in a state of	2281
academic watch fails to demonstrate to the department satisfactory	2282
improvement of the district or applicable buildings or fails to	2283
submit to the department any information required under rules	2284
established by the state board of education, prior to approving a	2285
three-year continuous improvement plan under rules established by	2286
the state board of education, the department shall conduct a site	2287
evaluation of the school district or applicable buildings to	2288
determine whether the school district is in compliance with	2289
minimum standards established by law or rule.	2290

~~(3)~~(4) Division (D)(4) of this section does not apply to any	2291
school district after June 30, 2008. Site evaluations conducted	2292
under divisions (D)(1) ~~and~~, (2), and (3) of this section shall	2293
include, but not be limited to, the following:	2294

(a) Determining whether teachers are assigned to subject	2295
areas for which they are licensed or certified;	2296

(b) Determining pupil-teacher ratios;

2297

(c) Examination of compliance with minimum instruction time	2298
requirements for each school day and for each school year;	2299

(d) Determining whether materials and equipment necessary to	2300
implement the curriculum approved by the school district board are	2301
available;	2302

(e) Examination of whether the teacher and principal	2303
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,	2304
and 3319.111 of the Revised Code;	2305

(f) Examination of the adequacy of efforts to improve the	2306
cultural competency, as defined pursuant to section 3319.61 of the	2307
Revised Code, of teachers and other educators.	2308

(E) This division applies only to school districts that	2309
operate a school building that fails to make adequate yearly	2310
progress for two or more consecutive school years. It does not	2311
apply to any such district after June 30, 2008, except as provided	2312
in division (D)(2) of section 3313.97 of the Revised Code.	2313

(1) For any school building that fails to make adequate	2314
yearly progress for two consecutive school years, the district	2315
shall do all of the following:	2316

(a) Provide written notification of the academic issues that	2317
resulted in the building's failure to make adequate yearly	2318
progress to the parent or guardian of each student enrolled in the	2319
building. The notification shall also describe the actions being	2320
taken by the district or building to improve the academic	2321
performance of the building and any progress achieved toward that	2322
goal in the immediately preceding school year.	2323

(b) If the building receives funds under Title 1I, Part A of	2324
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2325
6311 to 6339, from the district, in accordance with section	2326
3313.97 of the Revised Code, offer all students enrolled in the	2327
building the opportunity to enroll in an alternative building	2328
within the district that is not in school improvement status as	2329
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2330
Chapter 3327. of the Revised Code, the district shall spend an	2331
amount equal to twenty per cent of the funds it receives under	2332
Title I, Part A of the "Elementary and Secondary Education Act of	2333
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	2334
students who enroll in alternative buildings under this division,	2335
unless the district can satisfy all demand for transportation with	2336
a lesser amount. If an amount equal to twenty per cent of the	2337
funds the district receives under Title I, Part A of the	2338
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2339
to 6339, is insufficient to satisfy all demand for transportation,	2340
the district shall grant priority over all other students to the	2341
lowest achieving students among the subgroup described in division	2342
(B)(3) of section 3302.01 of the Revised Code in providing	2343
transportation. Any district that does not receive funds under	2344
Title I, Part A of the "Elementary and Secondary Education Act of	2345
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	2346
transportation to any student who enrolls in an alternative	2347
building under this division.	2348

(2) For any school building that fails to make adequate	2349
yearly progress for three consecutive school years, the district	2350
shall do both of the following:	2351

(a) If the building receives funds under Title 1I, Part A of	2352
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2353
6311 to 6339, from the district, in accordance with section	2354
3313.97 of the Revised Code, provide all students enrolled in the	2355
building the opportunity to enroll in an alternative building	2356
within the district that is not in school improvement status as	2357
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2358
Chapter 3327. of the Revised Code, the district shall provide	2359
transportation for students who enroll in alternative buildings	2360
under this division to the extent required under division (E)(2)	2361
of this section.	2362

(b) If the building receives funds under Title 1I, Part A of	2363
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2364
6311 to 6339, from the district, offer supplemental educational	2365
services to students who are enrolled in the building and who are	2366
in the subgroup described in division (B)(3) of section 3302.01 of	2367
the Revised Code.	2368

The district shall spend a combined total of an amount equal	2369
to twenty per cent of the funds it receives under Title I, Part A	2370
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2371
6311 to 6339, to provide transportation for students who enroll in	2372
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2373
this section and to pay the costs of the supplemental educational	2374
services provided to students under division (E)(2)(b) of this	2375
section, unless the district can satisfy all demand for	2376
transportation and pay the costs of supplemental educational	2377
services for those students who request them with a lesser amount.	2378
In allocating funds between the requirements of divisions	2379
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2380
shall spend at least an amount equal to five per cent of the funds	2381
it receives under Title I, Part A of the "Elementary and Secondary	2382
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2383
transportation for students who enroll in alternative buildings	2384
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2385
district can satisfy all demand for transportation with a lesser	2386
amount, and at least an amount equal to five per cent of the funds	2387
it receives under Title I, Part A of the "Elementary and Secondary	2388
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2389
of the supplemental educational services provided to students	2390
under division (E)(2)(b) of this section, unless the district can	2391
pay the costs of such services for all students requesting them	2392
with a lesser amount. If an amount equal to twenty per cent of the	2393
funds the district receives under Title I, Part A of the	2394
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2395
to 6339, is insufficient to satisfy all demand for transportation	2396
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2397
the costs of all of the supplemental educational services provided	2398
to students under division (E)(2)(b) of this section, the district	2399
shall grant priority over all other students in providing	2400
transportation and in paying the costs of supplemental educational	2401
services to the lowest achieving students among the subgroup	2402
described in division (B)(3) of section 3302.01 of the Revised	2403
Code.	2404

Any district that does not receive funds under Title I, Part	2405
A of the "Elementary and Secondary Education Act of 1965," 20	2406
U.S.C. 6311 to 6339, shall not be required to provide	2407
transportation to any student who enrolls in an alternative	2408
building under division (E)(2)(a) of this section or to pay the	2409
costs of supplemental educational services provided to any student	2410
under division (E)(2)(b) of this section.	2411

No student who enrolls in an alternative building under	2412
division (E)(2)(a) of this section shall be eligible for	2413
supplemental educational services under division (E)(2)(b) of this	2414
section.	2415

(3) For any school building that fails to make adequate	2416
yearly progress for four consecutive school years, the district	2417
shall continue to comply with division (E)(2) of this section and	2418
shall implement at least one of the following options with respect	2419
to the building:	2420

(a) Institute a new curriculum that is consistent with the	2421
statewide academic standards adopted pursuant to division (A) of	2422
section 3301.079 of the Revised Code;	2423

(b) Decrease the degree of authority the building has to	2424
manage its internal operations;	2425

(c) Appoint an outside expert to make recommendations for	2426
improving the academic performance of the building. The district	2427
may request the department to establish a state intervention team	2428
for this purpose pursuant to division (G) of this section.	2429

(d) Extend the length of the school day or year;

2430

(e) Replace the building principal or other key personnel;

2431

(f) Reorganize the administrative structure of the building.

2432

(4) For any school building that fails to make adequate	2433
yearly progress for five consecutive school years, the district	2434
shall continue to comply with division (E)(2) of this section and	2435
shall develop a plan during the next succeeding school year to	2436
improve the academic performance of the building, which shall	2437
include at least one of the following options:	2438

(a) Reopen the school as a community school under Chapter	2439
3314. of the Revised Code;	2440

(b) Replace personnel;

2441

(c) Contract with a nonprofit or for-profit entity to operate	2442
the building;	2443

(d) Turn operation of the building over to the department;

2444

(e) Other significant restructuring of the building's	2445
governance.	2446

(5) For any school building that fails to make adequate	2447
yearly progress for six consecutive school years, the district	2448
shall continue to comply with division (E)(2) of this section and	2449
shall implement the plan developed pursuant to division (E)(4) of	2450
this section.	2451

(6) A district shall continue to comply with division	2452
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2453
applicable, with respect to any building formerly subject to one	2454
of those divisions until the building makes adequate yearly	2455
progress for two consecutive school years.	2456

(F) This division applies only to school districts that have	2457
been identified for improvement by the department pursuant to the	2458
"No Child Left Behind Act of 2001." It does not apply to any such	2459
district after June 30, 2008.	2460

(1) If a school district has been identified for improvement	2461
for one school year, the district shall provide a written	2462
description of the continuous improvement plan developed by the	2463
district pursuant to division (B) of this section to the parent or	2464
guardian of each student enrolled in the district. If the district	2465
does not have a continuous improvement plan, the district shall	2466
develop such a plan in accordance with division (B) of this	2467
section and provide a written description of the plan to the	2468
parent or guardian of each student enrolled in the district.	2469

(2) If a school district has been identified for improvement	2470
for two consecutive school years, the district shall continue to	2471
implement the continuous improvement plan developed by the	2472
district pursuant to division (B) or (F)(1) of this section.	2473

(3) If a school district has been identified for improvement	2474
for three consecutive school years, the department shall take at	2475
least one of the following corrective actions with respect to the	2476
district:	2477

(a) Withhold a portion of the funds the district is entitled	2478
to receive under Title I, Part A of the "Elementary and Secondary	2479
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2480

(b) Direct the district to replace key district personnel;

2481

(c) Institute a new curriculum that is consistent with the	2482
statewide academic standards adopted pursuant to division (A) of	2483
section 3301.079 of the Revised Code;	2484

(d) Establish alternative forms of governance for individual	2485
school buildings within the district;	2486

(e) Appoint a trustee to manage the district in place of the	2487
district superintendent and board of education.	2488

The department shall conduct individual audits of a sampling	2489
of districts subject to this division to determine compliance with	2490
the corrective actions taken by the department.	2491

(4) If a school district has been identified for improvement	2492
for four consecutive school years, the department shall continue	2493
to monitor implementation of the corrective action taken under	2494
division (F)(3) of this section with respect to the district.	2495

(5) If a school district has been identified for improvement	2496
for five consecutive school years, the department shall take at	2497
least one of the corrective actions identified in division (F)(3)	2498
of this section with respect to the district, provided that the	2499
corrective action the department takes is different from the	2500
corrective action previously taken under division (F)(3) of this	2501
section with respect to the district.	2502

(G) The department may establish a state intervention team to	2503
evaluate all aspects of a school district or building, including	2504
management, curriculum, instructional methods, resource	2505
allocation, and scheduling. Any such intervention team shall be	2506
appointed by the department and shall include teachers and	2507
administrators recognized as outstanding in their fields. The	2508
intervention team shall make recommendations regarding methods for	2509
improving the performance of the district or building.	2510

The department shall not approve a district's request for an	2511
intervention team under division (E)(3) of this section if the	2512
department cannot adequately fund the work of the team, unless the	2513
district agrees to pay for the expenses of the team.	2514

(H) The department shall conduct individual audits of a	2515
sampling of community schools established under Chapter 3314. of	2516
the Revised Code to determine compliance with this section.	2517

(I) The state board shall adopt rules for implementing this	2518
section.	2519

Sec. 3302.041. ~~(A) On and after July 1, 2008, in accordance~~	2520
~~with the No Child Left Behind Act of 2001, school districts and~~	2521
~~school buildings shall continue to be identified for improvement~~	2522
~~for failing to make adequate yearly progress for two or more~~	2523
~~consecutive school years.~~	2524

~~(B)~~ Beginning July 1, 2008, and contingent upon continued	2525
approval by the United States department of education, each school	2526
district that has been identified for improvement, or that	2527
contains a school building that has been identified for	2528
improvement, shall implement all corrective actions required by	2529
the model of differentiated accountability developed by the Ohio	2530
department of education and approved by the United States	2531
department of education. In any school year in which a district is	2532
subject to this division, the Ohio department of education shall	2533
notify the district, prior to the district's opening date, of the	2534
corrective actions it is required to implement in that school	2535
year.	2536

Sec. 3302.042. (A) This section shall operate as a pilot	2537
project that applies to any school that is operated by the	2538
Columbus city school district where either of the following apply:	2539

(1) The school has been ranked according to performance index	2540
score under section 3302.21 of the Revised Code in the lowest five	2541
per cent of ~~all~~ public school buildings statewide for three or	2542
more consecutive school years ~~and is operated by the Columbus city~~	2543
~~school district. The~~;	2544

(2) For the 2014-2015 school year, and for each school year	2545
thereafter, the school has received a rating of "D" or "F" on the	2546
value-added progress dimension under division (A)(1)(e),	2547
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for	2548
three or more consecutive school years.	2549

The pilot project shall commence once the department of	2550
education establishes implementation guidelines for the pilot	2551
project in consultation with the Columbus city school district.	2552

(B) Except as provided in division (D), (E), or (F) of this	2553
section, if the parents or guardians of at least fifty per cent of	2554
the students enrolled in a school to which this section applies,	2555
or if the parents or guardians of at least fifty per cent of the	2556
total number of students enrolled in that school and the schools	2557
of lower grade levels whose students typically matriculate into	2558
that school, by the thirty-first day of December of any school	2559
year in which the school is subject to this section, sign and file	2560
with the school district treasurer a petition requesting the	2561
district board of education to implement one of the following	2562
reforms in the school, and if the validity and sufficiency of the	2563
petition is certified in accordance with division (C) of this	2564
section, the board shall implement the requested reform in the	2565
next school year:	2566

(1) Reopen the school as a community school under Chapter	2567
3314. of the Revised Code;	2568

(2) Replace at least seventy per cent of the school's	2569
personnel who are related to the school's poor academic	2570
performance or, at the request of the petitioners, retain not more	2571
than thirty per cent of the personnel;	2572

(3) Contract with another school district or a nonprofit or	2573
for-profit entity with a demonstrated record of effectiveness to	2574
operate the school;	2575

(4) Turn operation of the school over to the department;

2576

(5) Any other major restructuring of the school that makes	2577
fundamental reforms in the school's staffing or governance.	2578

(C) Not later than thirty days after receipt of a petition	2579
under division (B) of this section, the district treasurer shall	2580
verify the validity and sufficiency of the signatures on the	2581
petition and certify to the district board whether the petition	2582
contains the necessary number of valid signatures to require the	2583
board to implement the reform requested by the petitioners. If the	2584
treasurer certifies to the district board that the petition does	2585
not contain the necessary number of valid signatures, any person	2586
who signed the petition may file an appeal with the county auditor	2587
within ten days after the certification. Not later than thirty	2588
days after the filing of an appeal, the county auditor shall	2589
conduct an independent verification of the validity and	2590
sufficiency of the signatures on the petition and certify to the	2591
district board whether the petition contains the necessary number	2592
of valid signatures to require the board to implement the	2593
requested reform. If the treasurer or county auditor certifies	2594
that the petition contains the necessary number of valid	2595
signatures, the district board shall notify the superintendent of	2596
public instruction and the state board of education of the	2597
certification.	2598

(D) The district board shall not implement the reform	2599
requested by the petitioners in any of the following	2600
circumstances:	2601

(1) The district board has determined that the request is for	2602
reasons other than improving student academic achievement or	2603
student safety.	2604

(2) The state superintendent has determined that	2605
implementation of the requested reform would not comply with the	2606
model of differentiated accountability described in section	2607
3302.041 of the Revised Code.	2608

(3) The petitioners have requested the district board to	2609
implement the reform described in division (B)(4) of this section	2610
and the department has not agreed to take over the school's	2611
operation.	2612

(4) When all of the following have occurred:

2613

(a) After a public hearing on the matter, the district board	2614
issued a written statement explaining the reasons that it is	2615
unable to implement the requested reform and agreeing to implement	2616
one of the other reforms described in division (B) of this	2617
section.	2618

(b) The district board submitted its written statement to the	2619
state superintendent and the state board along with evidence	2620
showing how the alternative reform the district board has agreed	2621
to implement will enable the school to improve its academic	2622
performance.	2623

(c) Both the state superintendent and the state board have	2624
approved implementation of the alternative reform.	2625

(E) If the provisions of this section conflict in any way	2626
with the requirements of federal law, federal law shall prevail	2627
over the provisions of this section.	2628

(F) If a school is restructured under this section, section	2629
3302.10 or 3302.12 of the Revised Code, or federal law, the school	2630
shall not be required to restructure again under state law for	2631
three consecutive years after the implementation of that prior	2632
restructuring.	2633

(G) Beginning not later than six months after the first	2634
petition under this section has been resolved, the department of	2635
education shall annually evaluate the pilot program and submit a	2636
report to the general assembly under section 101.68 of the Revised	2637
Code. Such reports shall contain its recommendations to the	2638
general assembly with respect to the continuation of the pilot	2639
program, its expansion to other school districts, or the enactment	2640
of further legislation establishing the program statewide under	2641
permanent law.	2642

Sec. 3302.05. The state board of education shall adopt rules	2643
freeing school districts ~~declared to be excellent under division~~	2644
~~(B)(1) or effective under division (B)(2) of section 3302.03 of~~	2645
~~the Revised Code~~ from specified state mandates if one of the	2646
following applies:	2647

(A) For the 2011-2012 school year, the school district was	2648
declared to be excellent under section 3302.03 of the Revised	2649
Code, as that section existed prior to the effective date of this	2650
section and had above expected growth in the overall value-added	2651
measure.	2652

(B) For the 2012-2013 school year, the school district	2653
received a grade of "A" for the number of performance indicators	2654
met under division (A)(1)(c) of section 3302.03 of the Revised	2655
Code and for the value-added dimension under division (A)(1)(e) of	2656
section 3302.03 of the Revised Code.	2657

(C) For the 2013-2014 school year, the school district	2658
received a grade of "A" for the number of performance indicators	2659
met under division (B)(1)(c) of section 3302.03 of the Revised	2660
Code and for the value-added dimension under division (B)(1)(e) of	2661
section 3302.03 of the Revised Code.	2662

(D) For the 2014-2015 school year and for each school year	2663
thereafter, the school district received an overall grade of "A"	2664
under division (C)(2) of section 3302.03 of the Revised Code. ~~Any~~	2665

Any mandates included in the rules shall be only those	2666
statutes or rules pertaining to state education requirements. The	2667
rules shall not exempt districts from any operating standard	2668
adopted under division (D)(3) of section 3301.07 of the Revised	2669
Code.	2670

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	2671
of public instruction shall establish an academic distress	2672
commission for each school district that meets any of the	2673
following conditions:	2674

(1) The district has been declared to be in a state of	2675
academic emergency ~~pursuant to~~under section 3302.03 of the	2676
Revised Code, as that section existed prior to the effective date	2677
of this amendment, and has failed to make adequate yearly progress	2678
for four or more consecutive school years;	2679

(2) The district has received a grade of "F" for the	2680
performance index score and a grade of "D" or "F" for the	2681
value-added progress dimension of section 3302.03 of the Revised	2682
Code for two or more consecutive years;	2683

(3) The district has received an overall grade of "F" under	2684
division (C)(2) or a grade of "F" for the value-added progress	2685
dimension under division (C)(1)(e) of section 3302.03 of the	2686
Revised Code for two or more consecutive years;	2687

(4) At least fifty per cent of the schools operated by the	2688
district have received an overall grade of "D" or "F" under	2689
division (C)(2) of section 3302.03 of the Revised Code. ~~Each~~	2690

Each commission shall assist the district for which it was	2691
established in improving the district's academic performance.	2692

Each commission is a body both corporate and politic,	2693
constituting an agency and instrumentality of the state and	2694
performing essential governmental functions of the state. A	2695
commission shall be known as the "academic distress commission for	2696
............... (name of school district)," and, in that name, may	2697
exercise all authority vested in such a commission by this	2698
section. A separate commission shall be established for each	2699
school district to which this division applies.	2700

(B) Each academic distress commission shall consist of five	2701
voting members, three of whom shall be appointed by the	2702
superintendent of public instruction and two of whom shall be	2703
residents of the applicable school district appointed by the	2704
president of the district board of education. When a school	2705
district becomes subject to this section, the superintendent of	2706
public instruction shall provide written notification of that fact	2707
to the district board of education and shall request the president	2708
of the district board to submit to the superintendent of public	2709
instruction, in writing, the names of the president's appointees	2710
to the commission. The superintendent of public instruction and	2711
the president of the district board shall make appointments to the	2712
commission within thirty days after the district is notified that	2713
it is subject to this section.	2714

Members of the commission shall serve at the pleasure of	2715
their appointing authority during the life of the commission. In	2716
the event of the death, resignation, incapacity, removal, or	2717
ineligibility to serve of a member, the appointing authority shall	2718
appoint a successor within fifteen days after the vacancy occurs.	2719
Members shall serve without compensation, but shall be paid by the	2720
commission their necessary and actual expenses incurred while	2721
engaged in the business of the commission.	2722

(C) Immediately after appointment of the initial members of	2723
an academic distress commission, the superintendent of public	2724
instruction shall call the first meeting of the commission and	2725
shall cause written notice of the time, date, and place of that	2726
meeting to be given to each member of the commission at least	2727
forty-eight hours in advance of the meeting. The first meeting	2728
shall include an overview of the commission's roles and	2729
responsibilities, the requirements of section 2921.42 and Chapter	2730
102. of the Revised Code as they pertain to commission members,	2731
the requirements of section 121.22 of the Revised Code, and the	2732
provisions of division (F) of this section. At its first meeting,	2733
the commission shall adopt temporary bylaws in accordance with	2734
division (D) of this section to govern its operations until the	2735
adoption of permanent bylaws.	2736

The superintendent of public instruction shall designate a	2737
chairperson for the commission from among the members appointed by	2738
the superintendent. The chairperson shall call and conduct	2739
meetings, set meeting agendas, and serve as a liaison between the	2740
commission and the district board of education. The chairperson	2741
also shall appoint a secretary, who shall not be a member of the	2742
commission.	2743

The department of education shall provide administrative	2744
support for the commission, provide data requested by the	2745
commission, and inform the commission of available state resources	2746
that could assist the commission in its work.	2747

(D) Each academic distress commission may adopt and alter	2748
bylaws and rules, which shall not be subject to section 111.15 or	2749
Chapter 119. of the Revised Code, for the conduct of its affairs	2750
and for the manner, subject to this section, in which its powers	2751
and functions shall be exercised and embodied.	2752

(E) Three members of an academic distress commission	2753
constitute a quorum of the commission. The affirmative vote of	2754
three members of the commission is necessary for any action taken	2755
by vote of the commission. No vacancy in the membership of the	2756
commission shall impair the rights of a quorum by such vote to	2757
exercise all the rights and perform all the duties of the	2758
commission. Members of the commission are not disqualified from	2759
voting by reason of the functions of any other office they hold	2760
and are not disqualified from exercising the functions of the	2761
other office with respect to the school district, its officers, or	2762
the commission.	2763

(F) The members of an academic distress commission, the	2764
superintendent of public instruction, and any person authorized to	2765
act on behalf of or assist them shall not be personally liable or	2766
subject to any suit, judgment, or claim for damages resulting from	2767
the exercise of or failure to exercise the powers, duties, and	2768
functions granted to them in regard to their functioning under	2769
this section, but the commission, superintendent of public	2770
instruction, and such other persons shall be subject to mandamus	2771
proceedings to compel performance of their duties under this	2772
section.	2773

(G) Each member of an academic distress commission shall file	2774
the statement described in section 102.02 of the Revised Code with	2775
the Ohio ethics commission. The statement shall be confidential,	2776
subject to review, as described in division (B) of that section.	2777

(H) Meetings of each academic distress commission shall be	2778
subject to section 121.22 of the Revised Code.	2779

(I)(1) Within one hundred twenty days after the first meeting	2780
of an academic distress commission, the commission shall adopt an	2781
academic recovery plan to improve academic performance in the	2782
school district. The plan shall address academic problems at both	2783
the district and school levels. The plan shall include the	2784
following:	2785

(a) Short-term and long-term actions to be taken to improve	2786
the district's academic performance, including any actions	2787
required by section 3302.04 or 3302.041 of the Revised Code;	2788

(b) The sequence and timing of the actions described in	2789
division (I)(1)(a) of this section and the persons responsible for	2790
implementing the actions;	2791

(c) Resources that will be applied toward improvement	2792
efforts;	2793

(d) Procedures for monitoring and evaluating improvement	2794
efforts;	2795

(e) Requirements for reporting to the commission and the	2796
district board of education on the status of improvement efforts.	2797

(2) The commission may amend the academic recovery plan	2798
subsequent to adoption. The commission shall update the plan at	2799
least annually.	2800

(3) The commission shall submit the academic recovery plan it	2801
adopts or updates to the superintendent of public instruction for	2802
approval immediately following its adoption or updating. The	2803
superintendent shall evaluate the plan and either approve or	2804
disapprove it within thirty days after its submission. If the plan	2805
is disapproved, the superintendent shall recommend modifications	2806
that will render it acceptable. No academic distress commission	2807
shall implement an academic recovery plan unless the	2808
superintendent has approved it.	2809

(4) County, state, and school district officers and employees	2810
shall assist the commission diligently and promptly in the	2811
implementation of the academic recovery plan.	2812

(J) Each academic distress commission shall seek input from	2813
the district board of education regarding ways to improve the	2814
district's academic performance, but any decision of the	2815
commission related to any authority granted to the commission	2816
under this section shall be final.	2817

The commission may do any of the following:

2818

(1) Appoint school building administrators and reassign	2819
administrative personnel;	2820

(2) Terminate the contracts of administrators or	2821
administrative personnel. The commission shall not be required to	2822
comply with section 3319.16 of the Revised Code with respect to	2823
any contract terminated under this division.	2824

(3) Contract with a private entity to perform school or	2825
district management functions;	2826

(4) Establish a budget for the district and approve district	2827
appropriations and expenditures, unless a financial planning and	2828
supervision commission has been established for the district	2829
pursuant to section 3316.05 of the Revised Code.	2830

(K) If the board of education of a district for which an	2831
academic distress commission has been established under this	2832
section renews any collective bargaining agreement under Chapter	2833
4117. of the Revised Code during the existence of the commission,	2834
the district board shall not enter into any agreement that would	2835
render any decision of the commission unenforceable. Section	2836
3302.08 of the Revised Code does not apply to this division.	2837

Notwithstanding any provision to the contrary in Chapter	2838
4117. of the Revised Code, if the board of education has entered	2839
into a collective bargaining agreement after September 29, 2005,	2840
that contains stipulations relinquishing one or more of the rights	2841
or responsibilities listed in division (C) of section 4117.08 of	2842
the Revised Code, those stipulations are not enforceable and the	2843
district board shall resume holding those rights or	2844
responsibilities as if it had not relinquished them in that	2845
agreement until such time as both the academic distress commission	2846
ceases to exist and the district board agrees to relinquish those	2847
rights or responsibilities in a new collective bargaining	2848
agreement. The provisions of this paragraph apply to a collective	2849
bargaining agreement entered into after September 29, 2005, and	2850
those provisions are deemed to be part of that agreement	2851
regardless of whether the district satisfied the conditions	2852
prescribed in division (A) of this section at the time the	2853
district entered into that agreement.	2854

(L) An academic distress commission shall cease to exist when	2855
the district for which it was established receives a performance	2856
rating ~~under section 3302.03 of the Revised Code~~ of in need of	2857
continuous improvement or better, under section 3302.03 of the	2858
Revised Code as that section existed prior to the effective date	2859
of this amendment, or a grade of "C" or better for both the	2860
performance index score under division (C)(1)(b) and the	2861
value-added progress dimension under division (C)(1)(e) of section	2862
3302.03 of the Revised Code for two of the three prior school	2863
years; however, the superintendent of public instruction may	2864
dissolve the commission earlier if the superintendent determines	2865
that the district can perform adequately without the supervision	2866
of the commission. Upon termination of the commission, the	2867
department of education shall compile a final report of the	2868
commission's activities to assist other academic distress	2869
commissions in the conduct of their functions.	2870

Sec. 3302.12. (A)(1) Except as provided in divisions (C) and	2871
(D) of this section, ~~for any~~this section applies to the	2872
following:	2873

(a) Any school building that is ranked according to	2874
performance index score under section 3302.21 of the Revised Code	2875
in the lowest five per cent of ~~all~~ public school buildings	2876
statewide for three consecutive years and is declared to be under	2877
an academic watch or in a state of academic emergency under	2878
section 3302.03 of the Revised Code,;	2879

(b) Any school building that has received a grade of "F" for	2880
the value-added progress dimension under division (A)(1)(e),	2881
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for	2882
three consecutive school years;	2883

(c) Any school building that has received an overall grade of	2884
"F" under section 3302.03 of the Revised Code for three	2885
consecutive school years.	2886

(2) In the case of a building to which this section applies,	2887
the district board of education in control of that building shall	2888
do one of the following at the conclusion of the school year in	2889
which the building first becomes subject to this ~~division~~	2890
section:	2891

~~(1)~~(a) Close the school and direct the district	2892
superintendent to reassign the students enrolled in the school to	2893
other school buildings that demonstrate higher academic	2894
achievement;	2895

~~(2)~~(b) Contract with another school district or a nonprofit	2896
or for-profit entity with a demonstrated record of effectiveness	2897
to operate the school;	2898

~~(3)~~(c) Replace the principal and all teaching staff of the	2899
school and, upon request from the new principal, exempt the school	2900
from all requested policies and regulations of the board regarding	2901
curriculum and instruction. The board also shall distribute	2902
funding to the school in an amount that is at least equal to the	2903
product of the per pupil amount of state and local revenues	2904
received by the district multiplied by the student population of	2905
the school.	2906

~~(4)~~(d) Reopen the school as a conversion community school	2907
under Chapter 3314. of the Revised Code.	2908

(B) If an action taken by the board under division (A)(2) of	2909
this section causes the district to no longer maintain all grades	2910
kindergarten through twelve, as required by section 3311.29 of the	2911
Revised Code, the board shall enter into a contract with another	2912
school district pursuant to section 3327.04 of the Revised Code	2913
for enrollment of students in the schools of that other district	2914
to the extent necessary to comply with the requirement of section	2915
3311.29 of the Revised Code. Notwithstanding any provision of the	2916
Revised Code to the contrary, if the board enters into and	2917
maintains a contract under section 3327.04 of the Revised Code,	2918
the district shall not be considered to have failed to comply with	2919
the requirement of section 3311.29 of the Revised Code. If,	2920
however, the district board fails to or is unable to enter into or	2921
maintain such a contract, the state board of education shall take	2922
all necessary actions to dissolve the district as provided in	2923
division (A) of section 3311.29 of the Revised Code.	2924

(C) If a particular school is required to restructure under	2925
this section and a petition with respect to that same school has	2926
been filed and verified under divisions (B) and (C) of section	2927
3302.042 of the Revised Code, the provisions of that section and	2928
the petition filed and verified under it shall prevail over the	2929
provisions of this section and the school shall be restructured	2930
under that section. However, if division (D)(1), (2), or (3) of	2931
section 3302.042 of the Revised Code also applies to the school,	2932
the school shall be subject to restructuring under this section	2933
and not section 3302.042 of the Revised Code.	2934

If the provisions of this section conflict in any way with	2935
the requirements of federal law, federal law shall prevail over	2936
the provisions of this section.	2937

(D) If a school is restructured under this section, section	2938
3302.042 or 3302.10 of the Revised Code, or federal law, the	2939
school shall not be required to restructure again under state law	2940
for three consecutive years after the implementation of that prior	2941
restructuring.	2942

Sec. 3302.20. (A) The department of education shall develop	2943
standards for determining, from the existing data reported in	2944
accordance with sections 3301.0714 and 3314.17 of the Revised	2945
Code, the amount of annual operating expenditures for classroom	2946
instructional purposes and for nonclassroom purposes for each	2947
city, exempted village, local, and joint vocational school	2948
district, each community school established under Chapter 3314.	2949
that is not an internet- or computer-based community school, each	2950
internet- or computer-based community school, ~~and~~ each STEM school	2951
established under Chapter 3326., and each college-preparatory	2952
boarding school established under Chapter 3328. of the Revised	2953
Code. The department shall present those standards to the state	2954
board of education for consideration. In developing the standards,	2955
the department shall adapt existing standards used by professional	2956
organizations, research organizations, and other state	2957
governments. The department also shall align the expenditure	2958
categories required for reporting under the standards with the	2959
categories that are required for reporting to the United States	2960
department of education under federal law.	2961

The state board shall consider the proposed standards and	2962
adopt a final set of standards not later than December 31, 2012.	2963
School districts, community schools, and STEM schools shall begin	2964
reporting data in accordance with the standards on July 1, 2013. A	2965
college-preparatory boarding school shall begin reporting data in	2966
accordance with the standards when the school has been in	2967
operation for a least two years.	2968

(B)(1) The department shall categorize all city, exempted	2969
village, and local school districts into not less than three nor	2970
more than five groups based primarily on average daily student	2971
enrollment as reported on the most recent report card issued for	2972
each district under section 3302.03 of the Revised Code.	2973

(2) The department shall categorize all joint vocational	2974
school districts into not less than three nor more than five	2975
groups based primarily on average daily membership as reported	2976
under division (D) of section 3317.03 of the Revised Code rounded	2977
to the nearest whole number.	2978

(3) The department shall categorize all community schools	2979
that are not internet- or computer-based community schools into	2980
not less than three nor more than five groups based primarily on	2981
average daily student enrollment as reported on the most recent	2982
report card issued for each community school under sections	2983
3302.03 and 3314.012 of the Revised Code or, in the case of a	2984
school to which section 3314.017 of the Revised Code applies, on	2985
the total number of students reported under divisions (B)(2)(a)	2986
and (b) of section 3314.08 of the Revised Code.	2987

(4) The department shall categorize all internet- or	2988
computer-based community schools into a single category.	2989

(5) The department shall categorize all STEM schools into a	2990
single category.	2991

(6) The department shall categorize all college-preparatory	2992
boarding schools into a single category.	2993

(C) Using the standards adopted under division (A) of this	2994
section and the data reported under sections 3301.0714 and 3314.17	2995
of the Revised Code, the department shall compute annually for	2996
each fiscal year, beginning with fiscal year 2014, the following:	2997

(1) The percentage of each district's, community school's, or	2998
STEM school's, or college-preparatory boarding school's total	2999
operating budget spent for classroom instructional purposes;	3000

(2) The statewide average percentage for all districts,	3001
community schools, ~~and~~ STEM schools, and college-preparatory	3002
boarding schools combined spent for classroom instructional	3003
purposes;	3004

(3) The average percentage for each of the categories of	3005
districts and schools established under division (B) of this	3006
section spent for classroom instructional purposes;	3007

(4) The ranking of each district, community school, or STEM	3008
school, or college-preparatory boarding school within its	3009
respective category established under division (B) of this section	3010
according to the following:	3011

(a) From highest to lowest percentage spent for classroom	3012
instructional purposes;	3013

(b) From lowest to highest percentage spent for	3014
noninstructional purposes.	3015

(D) In its display of rankings within each category under	3016
division (C)(4) of this section, the department shall make the	3017
following notations:	3018

(1) Within each category of city, exempted village, and local	3019
school districts, the department shall denote each district that	3020
is:	3021

(a) Among the twenty per cent of all city, exempted village,	3022
and local school districts statewide with the lowest total	3023
operating expenditures per pupil;	3024

(b) Among the twenty per cent of all city, exempted village,	3025
and local school districts statewide with the highest performance	3026
index scores.	3027

(2) Within each category of joint vocational school	3028
districts, the department shall denote each district that is:	3029

(a) Among the twenty per cent of all joint vocational school	3030
districts statewide with the lowest total operating expenditures	3031
per pupil;	3032

(b) Among the twenty per cent of all joint vocational school	3033
districts statewide with the highest report card scores under	3034
section 3302.033 of the Revised Code.	3035

(3) Within each category of community schools that are not	3036
internet- or computer-based community schools, the department	3037
shall denote each school that is:	3038

(a) Among the twenty per cent of all such community schools	3039
statewide with the lowest total operating expenditures per pupil;	3040

(b) Among the twenty per cent of all such community schools	3041
statewide with the highest performance index scores, excluding	3042
such community schools to which section 3314.017 of the Revised	3043
Code applies.	3044

(4) Within the category of internet- or computer-based	3045
community schools, the department shall denote each school that	3046
is:	3047

(a) Among the twenty per cent of all such community schools	3048
statewide with the lowest total operating expenditures per pupil;	3049

(b) Among the twenty per cent of all such community schools	3050
statewide with the highest performance index scores, excluding	3051
such community schools to which section 3314.017 of the Revised	3052
Code applies.	3053

(5) Within the category of STEM schools, the department shall	3054
denote each school that is:	3055

(a) Among the twenty per cent of all STEM schools statewide	3056
with the lowest total operating expenditures per pupil;	3057

(b) Among the twenty per cent of all STEM schools statewide	3058
with the highest performance index scores.	3059

For purposes of divisions (D)(3)(b) and (4)(b) of this	3060
section, the display shall note that, in accordance with section	3061
3314.017 of the Revised Code, a performance index score is not	3062
reported for some community schools that serve primarily students	3063
enrolled in dropout prevention and recovery programs.	3064

(E) The department shall post in a prominent location on its	3065
web site the information prescribed by divisions (C) and (D) of	3066
this section. The department also shall include on each	3067
district's, community school's, ~~and~~ STEM school's, and	3068
college-preparatory boarding school's annual report card issued	3069
under section 3302.03 or 3314.017 of the Revised Code the	3070
respective information computed for the district or school under	3071
divisions (C)(1) and (4) of this section, the statewide	3072
information computed under division (C)(2) of this section, and	3073
the information computed for the district's or school's category	3074
under division (C)(3) of this section.	3075

(F) As used in this section:

3076

(1) "Internet- or computer-based community school" has the	3077
same meaning as in section 3314.02 of the Revised Code.	3078

(2) A school district's, community school's, or STEM	3079
school's, or college-preparatory boarding school's performance	3080
index score rank is its performance index score rank as computed	3081
under section 3302.21 of the Revised Code.	3082

Sec. 3302.21. (A) The department of education shall develop	3083
a system to rank order all city, exempted village, and local	3084
school districts, community schools established under Chapter	3085
3314. of the Revised Code except those community schools to which	3086
section 3314.017 of the Revised Code applies, ~~and~~ STEM schools	3087
established under Chapter 3326., and college-preparatory boarding	3088
schools established under Chapter 3328. of the Revised Code	3089
according to the following measures:	3090

(1) Performance index score for each school district,	3091
community school, ~~and~~ STEM school, and college-preparatory	3092
boarding school and for each separate building of a district,	3093
community school, or STEM school, or college-preparatory boarding	3094
school. For districts, schools, or buildings to which the	3095
performance index score does not apply, the superintendent of	3096
public instruction ~~shall~~may develop another measure of student	3097
academic performance based on similar data and performance	3098
measures if appropriate and use that measure to include those	3099
buildings in the ranking so that ~~all~~ districts, schools, and	3100
buildings may be reliably compared to each other.	3101

(2) Student performance growth from year to year, using the	3102
value-added progress dimension, if applicable, and other measures	3103
of student performance growth designated by the superintendent of	3104
public instruction for subjects and grades not covered by the	3105
value-added progress dimension or the alternative student academic	3106
progress measure if adopted under division (C)(1)(e) of section	3107
3302.03 of the Revised Code;	3108

(3) Current operating expenditures per pupil as determined	3109
under standards adopted by the state board of education under	3110
section 3302.20 of the Revised Code;	3111

(4) Of total current operating expenditures, percentage spent	3112
for classroom instruction as determined under standards adopted by	3113
the state board under section 3302.20 of the Revised Code;	3114

(5) Performance of, and opportunities provided to, students	3115
identified as gifted using value-added progress dimensions, if	3116
applicable, and other relevant measures as designated by the	3117
superintendent of public instruction.	3118

The department shall rank each district, each community	3119
school except a community school to which section 3314.017 of the	3120
Revised Code applies, ~~and~~each STEM school, and each	3121
college-preparatory boarding school annually in accordance with	3122
the system developed under this section.	3123

(B) In addition to the reports required by sections 3302.03	3124
and 3302.031 of the Revised Code, not later than the first day of	3125
September each year, the department shall issue a report for each	3126
city, exempted village, and local school district, each community	3127
school except a community school to which section 3314.017 of the	3128
Revised Code applies, ~~and~~ each STEM school, and each	3129
college-preparatory boarding school indicating the district's or	3130
school's rank on each measure described in divisions (A)(1) to (4)	3131
of this section, including each separate building's rank among all	3132
public school buildings according to performance index score under	3133
division (A)(1) of this section.	3134

Sec. 3310.03. A student is an "eligible student" for	3135
purposes of the educational choice scholarship pilot program if	3136
the student's resident district is not a school district in which	3137
the pilot project scholarship program is operating under sections	3138
3313.974 to 3313.979 of the Revised Code and the student satisfies	3139
one of the conditions in division (A), (B), or (C) of this	3140
section:	3141

(A)(1) The student is enrolled in a school building ~~that is~~	3142
operated by the student's resident district that, on the report	3143
card issued under section 3302.03 of the Revised Code published	3144
prior to the first day of July of the school year for which a	3145
scholarship is sought, did not receive a rating as described in	3146
division (G) of this section, and to which ~~both~~any or a	3147
combination of any of the following apply for two of the three	3148
most recent report cards published prior to the first day of July	3149
of the school year for which a scholarship is sought:	3150

(a) The building was declared~~, in at least two of the three~~	3151
~~most recent ratings of school buildings published prior to the~~	3152
~~first day of July of the school year for which a scholarship is~~	3153
~~sought,~~ to be in a state of academic emergency or academic watch	3154
under section 3302.03 of the Revised Code;as that section existed	3155
prior to the effective date of this amendment.	3156

(b) ~~The building was not declared to be excellent or~~	3157
~~effective under that section in the most recent rating published~~	3158
~~prior to the first day of July of the school year for which a~~	3159
~~scholarship is sought~~The building received a grade of "D" or "F"	3160
for the performance index score under division (A)(1)(b) or	3161
(B)(1)(b) of section 3302.03 of the Revised Code and for the	3162
value-added progress dimension under division (A)(1)(e) or	3163
(B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013	3164
or 2013-2014 school year, or both; or if the building serves only	3165
grades ten through twelve, the building received a grade of "D" or	3166
"F" for the performance index score under division (A)(1)(b) or	3167
(B)(1)(b) of section 3302.03 of the Revised Code and had a	3168
four-year adjusted cohort graduation rate of less than	3169
seventy-five per cent.	3170

(c) The building received an overall grade of "D" or "F"	3171
under division (C)(2) of section 3302.03 of the Revised Code or a	3172
grade of "F" for the value-added progress dimension under division	3173
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3174
school year or any school year thereafter.	3175

(2) The student is eligible to enroll in kindergarten in the	3176
school year for which a scholarship is sought and otherwise would	3177
be assigned under section 3319.01 of the Revised Code to a school	3178
building described in division (A)(1) of this section.	3179

(3) The student is enrolled in a community school established	3180
under Chapter 3314. of the Revised Code but otherwise would be	3181
assigned under section 3319.01 of the Revised Code to a building	3182
described in division (A)(1) of this section.	3183

(4) The student is enrolled in a school building ~~that is~~	3184
operated by the student's resident district or in a community	3185
school established under Chapter 3314. of the Revised Code and	3186
otherwise would be assigned under section 3319.01 of the Revised	3187
Code to a school building described in division (A)(1) of this	3188
section in the school year for which the scholarship is sought.	3189

(5) The student is eligible to enroll in kindergarten in the	3190
school year for which a scholarship is sought, or is enrolled in a	3191
community school established under Chapter 3314. of the Revised	3192
Code, and all of the following apply to the student's resident	3193
district:	3194

(a) The district has in force an intradistrict open	3195
enrollment policy under which no student in kindergarten or the	3196
community school student's grade level, respectively, is	3197
automatically assigned to a particular school building;	3198

(b) In ~~at least two of the three most recent ratings of~~	3199
~~school districts published prior to the first day of July of the~~	3200
~~school year for which a scholarship is sought, the district was~~	3201
~~declared to be in a state of academic emergency under section~~	3202
~~3302.03 of the Revised Code;~~	3203

~~(c) The district was not declared to be excellent or~~	3204
~~effective under that section in the most recent rating published~~	3205
~~prior to the first day of July of the school year for which a~~	3206
~~scholarship is sought~~the most recent rating published prior to	3207
the first day of July of the school year for which scholarship is	3208
sought, the district did not receive a rating described in	3209
division (G) of this section, and in at least two of the three	3210
most recent report cards published prior to the first day of July	3211
of that school year, any or a combination of the following apply	3212
to the district:	3213

(i) The district was declared to be in a state of academic	3214
emergency under section 3302.03 of the Revised Code as it existed	3215
prior to the effective date of this amendment.	3216

(ii) The district received a grade of "D" or "F" for the	3217
performance index score under division (A)(1)(b) or (B)(1)(b) of	3218
section 3302.03 of the Revised Code and for the value-added	3219
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3220
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	3221
school year, or both.	3222

(c) The district received an overall grade of "D" or "F"	3223
under division (C)(2) of section 3302.03 of the Revised Code or a	3224
grade of "F" for the value-added progress dimension under division	3225
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3226
school year or any school year thereafter.	3227

(B)(1) The student is enrolled in a school building ~~that is~~	3228
operated by the student's resident district and to which both of	3229
the following apply:	3230

(a) The building was ranked, for at least two of the three	3231
most recent rankings published under section 3302.21 of the	3232
Revised Code prior to the first day of July of the school year for	3233
which a scholarship is sought, in the lowest ten per cent of all	3234
public school buildings according to performance index score under	3235
section 3302.21 of the Revised Code.	3236

(b) The building was not declared to be excellent or	3237
effective under section 3302.03 of the Revised Code in the most	3238
recent rating published prior to the first day of July of the	3239
school year for which a scholarship is sought.	3240

(2) The student is eligible to enroll in kindergarten in the	3241
school year for which a scholarship is sought and otherwise would	3242
be assigned under section 3319.01 of the Revised Code to a school	3243
building described in division (B)(1) of this section.	3244

(3) The student is enrolled in a community school established	3245
under Chapter 3314. of the Revised Code but otherwise would be	3246
assigned under section 3319.01 of the Revised Code to a building	3247
described in division (B)(1) of this section.	3248

(4) The student is enrolled in a school building ~~that is~~	3249
operated by the student's resident district or in a community	3250
school established under Chapter 3314. of the Revised Code and	3251
otherwise would be assigned under section 3319.01 of the Revised	3252
Code to a school building described in division (B)(1) of this	3253
section in the school year for which the scholarship is sought.	3254

(C) The student is enrolled in a nonpublic school at the time	3255
the school is granted a charter by the state board of education	3256
under section 3301.16 of the Revised Code and the student meets	3257
the standards of division (B) of section 3310.031 of the Revised	3258
Code.	3259

(D) A student who receives a scholarship under the	3260
educational choice scholarship pilot program remains an eligible	3261
student and may continue to receive scholarships in subsequent	3262
school years until the student completes grade twelve, so long as	3263
all of the following apply:	3264

(1) The student's resident district remains the same, or the	3265
student transfers to a new resident district and otherwise would	3266
be assigned in the new resident district to a school building	3267
described in division (A)(1) or (B)(1) of this section;	3268

(2) The student takes each assessment prescribed for the	3269
student's grade level under section 3301.0710 or 3301.0712 of the	3270
Revised Code while enrolled in a chartered nonpublic school;	3271

(3) In each school year that the student is enrolled in a	3272
chartered nonpublic school, the student is absent from school for	3273
not more than twenty days that the school is open for instruction,	3274
not including excused absences.	3275

(E)(1) The department shall cease awarding first-time	3276
scholarships pursuant to divisions (A)(1) to (4) of this section	3277
with respect to a school building that, in the most recent ratings	3278
of school buildings published under section 3302.03 of the Revised	3279
Code prior to the first day of July of the school year, ceases to	3280
meet the criteria in division (A)(1) of this section. The	3281
department shall cease awarding first-time scholarships pursuant	3282
to division (A)(5) of this section with respect to a school	3283
district that, in the most recent ratings of school districts	3284
published under section 3302.03 of the Revised Code prior to the	3285
first day of July of the school year, ceases to meet the criteria	3286
in division (A)(5) of this section.	3287

(2) The department shall cease awarding first-time	3288
scholarships pursuant to divisions (B)(1) to (4) of this section	3289
with respect to a school building that, in the most recent ratings	3290
of school buildings under section 3302.03 of the Revised Code	3291
prior to the first day of July of the school year, ceases to meet	3292
the criteria in division (B)(1) of this section.	3293

(3) However, students who have received scholarships in the	3294
prior school year remain eligible students pursuant to division	3295
(D) of this section.	3296

(F) The state board of education shall adopt rules defining	3297
excused absences for purposes of division (D)(3) of this section.	3298

(G)(1) A student who satisfies only the conditions prescribed	3299
in divisions (A)(1) to (4) of this section shall not be eligible	3300
for a scholarship if the student's resident building meets any of	3301
the following in the most recent rating under section 3302.03 of	3302
the Revised Code published prior to the first day of July of the	3303
school year for which a scholarship is sought:	3304

(a) The building has an overall designation of excellent or	3305
effective under section 3302.03 of the Revised Code as it existed	3306
prior to the effective date of this amendment.	3307

(b) The building has a grade of "A" or "B" for the	3308
performance index score under division (A)(1)(b) or (B)(1)(b) of	3309
section 3302.03 of the Revised Code and for the value-added	3310
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3311
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	3312
school year, or both.	3313

(c) The building has a grade of "A" or "B" under division	3314
(C)(2) of section 3302.03 of the Revised Code and a grade of "A"	3315
for the value-added progress dimension under division (C)(1)(e) of	3316
section 3302.03 of the Revised Code for the 2014-2015 school year	3317
or any school year thereafter.	3318

(2) A student who satisfies only the conditions prescribed in	3319
division (A)(5) of this section shall not be eligible for a	3320
scholarship if the student's resident district meets any of the	3321
following in the most recent rating under section 3302.03 of the	3322
Revised Code published prior to the first day of July of the	3323
school year for which a scholarship is sought:	3324

(a) The district has an overall designation of excellent or	3325
effective under section 3302.03 of the Revised Code as it existed	3326
prior to the effective date of this amendment.	3327

(b) The district has a grade of "A" or "B" for the	3328
performance index score under division (A)(1)(b) or (B)(1)(b) of	3329
section 3302.03 of the Revised Code and for the value-added	3330
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3331
section 3302.03 of the Revised Code for the 2012-2013 and	3332
2013-2014 school years.	3333

(c) The district has an overall grade of "A" or "B" under	3334
division (C)(2) of section 3302.03 of the Revised Code and a grade	3335
of "A" for the value-added progress dimension under division	3336
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3337
school year or any school year thereafter.	3338

Sec. 3310.06. It is the policy adopted by the general	3339
assembly that the educational choice scholarship pilot program	3340
shall be construed as one of several educational options available	3341
for students enrolled in ~~academic emergency or academic watch~~	3342
persistently low-performing school buildings. Students may be	3343
enrolled in the schools of the student's resident district, in a	3344
community school established under Chapter 3314. of the Revised	3345
Code, in the schools of another school district pursuant to an	3346
open enrollment policy adopted under section 3313.98 of the	3347
Revised Code, in a chartered nonpublic school with or without a	3348
scholarship under the educational choice scholarship pilot	3349
program, or in other schools as the law may provide.	3350

Sec. 3310.16. For the 2014-2015 school year and each school	3351
year thereafter, the department of education shall conduct two	3352
application periods each year for the educational choice	3353
scholarship pilot program, as follows:	3354

(A) The first application period shall open not sooner than	3355
the first day of February prior to the first day of July of the	3356
school year for which a scholarship is sought and run not less	3357
than seventy-five days.	3358

(B) The second application period shall open not sooner than	3359
the first day of July of the school year for which the scholarship	3360
is sought and run not less than forty-five days.	3361

Sec. 3311.741. (A) This section applies only to a municipal	3362
school district in existence on July 1, 2012.	3363

(B) Not later than December 1, 2012, the board of education	3364
of each municipal school district to which this section applies	3365
shall submit to the superintendent of public instruction an array	3366
of measures to be used in evaluating the performance of the	3367
district. The measures shall assess at least overall student	3368
achievement, student progress over time, the achievement and	3369
progress over time of each of the applicable categories of	3370
students described in division ~~(C)(3)~~(F) of section 3302.03 of the	3371
Revised Code, and college and career readiness. The state	3372
superintendent shall approve or disapprove the measures by January	3373
15, 2013. If the measures are disapproved, the state	3374
superintendent shall recommend modifications that will make the	3375
measures acceptable.	3376

(C) Beginning with the 2012-2013 school year, the board	3377
annually shall establish goals for improvement on each of the	3378
measures approved under division (B) of this section. The school	3379
district's performance data for the 2011-2012 school year shall be	3380
used as a baseline for determining improvement.	3381

(D) Not later than October 1, 2013, and by the first day of	3382
October each year thereafter, the board shall issue a report	3383
describing the school district's performance for the previous	3384
school year on each of the measures approved under division (B) of	3385
this section and whether the district has met each of the	3386
improvement goals established for that year under division (C) of	3387
this section. The board shall provide the report to the governor,	3388
the superintendent of public instruction, and, in accordance with	3389
section 101.68 of the Revised Code, the general assembly.	3390

(E) Not later than November 15, 2017, the superintendent of	3391
public instruction shall evaluate the school district's	3392
performance based on the measures approved under division (B) of	3393
this section and shall issue a report to the governor and general	3394
assembly.	3395

Sec. 3311.80. Notwithstanding any provision of the Revised	3396
Code to the contrary, a municipal school district shall be subject	3397
to this section instead of section 3319.111 of the Revised Code.	3398

(A) Not later than July 1, 2013, the board of education of	3399
each municipal school district and the teachers' labor	3400
organization shall develop and adopt standards-based teacher	3401
evaluation procedures that conform with the framework for	3402
evaluation of teachers developed under section 3319.112 of the	3403
Revised Code. The evaluation procedures shall include at least	3404
formal observations and classroom walk-throughs, which may be	3405
announced or unannounced; examinations of samples of work, such as	3406
lesson plans or assessments designed by a teacher; and multiple	3407
measures of student academic growth.	3408

(B) When using measures of student academic growth as a	3409
component of a teacher's evaluation, those measures shall include	3410
the value-added progress dimension prescribed by section 3302.021	3411
of the Revised Code or the alternative student academic progress	3412
measure if adopted under division (C)(1)(e) of section 3302.03 of	3413
the Revised Code. For teachers of grade levels and subjects for	3414
which the value-added progress dimension or alternative student	3415
academic achievement measure is not applicable, the board shall	3416
administer assessments on the list developed under division (B)(2)	3417
of section 3319.112 of the Revised Code.	3418

(C)(1) Each teacher employed by the board shall be evaluated	3419
at least once each school year, except as provided in division	3420
(C)(2) of this section. The composite evaluation shall be	3421
completed not later than the first day of June and the teacher	3422
shall receive a written report of the results of the composite	3423
evaluation not later than ten days after its completion or the	3424
last teacher work day of the school year, whichever is earlier.	3425

(2) Each teacher who received a rating of accomplished on the	3426
teacher's most recent evaluation conducted under this section may	3427
be evaluated once every two school years, except that the teacher	3428
shall be evaluated in any school year in which the teacher's	3429
contract is due to expire. The biennial composite evaluation shall	3430
be completed not later than the first day of June of the	3431
applicable school year, and the teacher shall receive a written	3432
report of the results of the composite evaluation not later than	3433
ten days after its completion or the last teacher work day of the	3434
school year, whichever is earlier.	3435

(D) Each evaluation conducted pursuant to this section shall	3436
be conducted by one or more of the following persons who have been	3437
trained to conduct evaluations in accordance with criteria that	3438
shall be developed jointly by the chief executive officer of the	3439
district, or the chief executive officer's designee, and the	3440
teachers' labor organization:	3441

(1) The chief executive officer or a subordinate officer of	3442
the district with responsibility for instruction or academic	3443
affairs;	3444

(2) A person who is under contract with the board pursuant to	3445
section 3319.02 of the Revised Code and holds a license designated	3446
for being a principal issued under section 3319.22 of the Revised	3447
Code;	3448

(3) A person who is under contract with the board pursuant to	3449
section 3319.02 of the Revised Code and holds a license designated	3450
for being a vocational director or a supervisor in any educational	3451
area issued under section 3319.22 of the Revised Code;	3452

(4) A person designated to conduct evaluations under an	3453
agreement providing for peer assistance and review entered into by	3454
the board and the teachers' labor organization.	3455

(E) The evaluation procedures shall describe how the	3456
evaluation results will be used for decisions regarding	3457
compensation, retention, promotion, and reductions in force and	3458
for removal of poorly performing teachers.	3459

(F) A teacher may challenge any violations of the evaluation	3460
procedures in accordance with the grievance procedure specified in	3461
any applicable collective bargaining agreement. A challenge under	3462
this division is limited to the determination of procedural errors	3463
that have resulted in substantive harm to the teacher and to	3464
ordering the correction of procedural errors. The failure of the	3465
board or a person conducting an evaluation to strictly comply with	3466
any deadline or evaluation forms established as part of the	3467
evaluation process shall not be cause for an arbitrator to	3468
determine that a procedural error occurred, unless the arbitrator	3469
finds that the failure resulted in substantive harm to the	3470
teacher. The arbitrator shall have no jurisdiction to modify the	3471
evaluation results, but the arbitrator may stay any decision taken	3472
pursuant to division (E) of this section pending the board's	3473
correction of any procedural error. The board shall correct any	3474
procedural error within fifteen business days after the	3475
arbitrator's determination that a procedural error occurred.	3476

(G) Notwithstanding any provision to the contrary in Chapter	3477
4117. of the Revised Code, the requirements of this section	3478
prevail over any conflicting provisions of a collective bargaining	3479
agreement entered into on or after ~~the effective date of this~~	3480
~~section~~October 1, 2012. However, the board and the teachers'	3481
labor organization may negotiate additional evaluation procedures,	3482
including an evaluation process incorporating peer assistance and	3483
review, provided the procedures are consistent with this section.	3484

(H) This section does not apply to administrators appointed	3485
by the chief executive officer of a municipal school district	3486
under section 3311.72 of the Revised Code, administrators subject	3487
to evaluation procedures under section 3311.84 or 3319.02 of the	3488
Revised Code, or to any teacher employed as a substitute for less	3489
than one hundred twenty days during a school year pursuant to	3490
section 3319.10 of the Revised Code.	3491

Sec. 3313.473. (A) This section does not apply to any school	3492
district ~~declared to be excellent or effective pursuant to~~	3493
~~division (B)(1) or (2) of section 3302.03 of the Revised Code~~to	3494
which one of the following applies:	3495

(1) For the 2011-2012 school year, the school district was	3496
declared to be excellent or effective under section 3302.03 of the	3497
Revised Code, as that section existed prior to the effective date	3498
of this section.	3499

(2) For the 2012-2013 school year, the school district	3500
received a grade of "A" or "B" for the performance index score	3501
under division (A)(1)(b) and for the value-added dimension under	3502
division (A)(1)(e) of section 3302.03 of the Revised Code.	3503

(3) For the 2013-2014 school year, the school district	3504
received a grade of "A" or "B" for the performance index score	3505
under division (B)(1)(b) and for the value-added dimension under	3506
division (B)(1)(e) of section 3302.03 of the Revised Code.	3507

(4) For the 2014-2015 school year and for any school year	3508
thereafter, the school district received an overall grade of "A"	3509
or "B" under division (C)(2) of section 3302.03 of the Revised	3510
Code.	3511

~~(A)~~(B) The state board of education shall adopt rules	3512
requiring school districts with a total student count of over five	3513
thousand, as determined pursuant to section 3317.03 of the Revised	3514
Code, to designate one school building to be operated by a	3515
site-based management council. The rules shall specify the	3516
composition of the council and the manner in which members of the	3517
council are to be selected and removed.	3518

~~(B)~~(C) The rules adopted under division ~~(A)~~(B) of this	3519
section shall specify those powers, duties, functions, and	3520
responsibilities that shall be vested in the management council	3521
and that would otherwise be exercised by the district board of	3522
education. The rules shall also establish a mechanism for	3523
resolving any differences between the council and the district	3524
board if there is disagreement as to their respective powers,	3525
duties, functions, and responsibilities.	3526

~~(C)~~(D) The board of education of any school district	3527
described by division ~~(A)~~(B) of this section may, in lieu of	3528
complying with the rules adopted under this section, file with the	3529
department of education an alternative structure for a district	3530
site-based management program in at least one of its school	3531
buildings. The proposal shall specify the composition of the	3532
council, which shall include an equal number of parents and	3533
teachers and the building principal, and the method of selection	3534
and removal of the council members. The proposal shall also	3535
clearly delineate the respective powers, duties, functions, and	3536
responsibilities of the district board and the council. The	3537
district's proposal shall comply substantially with the rules	3538
adopted under division ~~(A)~~(B) of this section.	3539

Sec. 3313.608. (A)(1) Beginning with students who enter	3540
third grade in the school year that starts July 1, 2009, and until	3541
June 30, 2013, for any student who attains a score in the range	3542
designated under division (A)(3) of section 3301.0710 of the	3543
Revised Code on the assessment prescribed under that section to	3544
measure skill in English language arts expected at the end of	3545
third grade, each school district, in accordance with the policy	3546
adopted under section 3313.609 of the Revised Code, shall do one	3547
of the following:	3548

(a) Promote the student to fourth grade if the student's	3549
principal and reading teacher agree that other evaluations of the	3550
student's skill in reading demonstrate that the student is	3551
academically prepared to be promoted to fourth grade;	3552

(b) Promote the student to fourth grade but provide the	3553
student with intensive intervention services in fourth grade;	3554

3555

(2) Beginning with students who enter third grade in the	3556
2013-2014 school year, no school district shall promote to fourth	3557
grade any student who attains a score in the range designated	3558
under division (A)(3) of section 3301.0710 of the Revised Code on	3559
the assessment prescribed under that section to measure skill in	3560
English language arts expected at the end of third grade, unless	3561
one of the following applies:	3562

(a) The student is a limited English proficient student who	3563
has been enrolled in United States schools for less than two full	3564
school years and has had less than two years of instruction in an	3565
English as a second language program.	3566

(b) The student is a child with a disability entitled to	3567
special education and related services under Chapter 3323. of the	3568
Revised Code and the student's individualized education program	3569
exempts the student from retention under this division.	3570

(c) The student demonstrates an acceptable level of	3571
performance on an alternative standardized reading assessment as	3572
determined by the department of education.	3573

(d) All of the following apply:

3574

(i) The student is a child with a disability entitled to	3575
special education and related services under Chapter 3323. of the	3576
Revised Code.	3577

(ii) The student has taken the third grade English language	3578
arts achievement assessment prescribed under section 3301.0710 of	3579
the Revised Code.	3580

(iii) The student's individualized education program or plan	3581
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	3582
355, 29 U.S.C. 794, as amended, shows that the student has	3583
received intensive remediation in reading for two school years but	3584
still demonstrates a deficiency in reading.	3585

(iv) The student previously was retained in any of grades	3586
kindergarten to three.	3587

(e)(i) The student received intensive remediation for reading	3588
for two school years but still demonstrates a deficiency in	3589
reading and was previously retained in any of grades kindergarten	3590
to three.	3591

(ii) A student who is promoted under division (A)(2)(e)(i) of	3592
this section shall continue to receive intensive reading	3593
instruction in grade four. The instruction shall include an	3594
altered instructional day that includes specialized diagnostic	3595
information and specific research-based reading strategies for the	3596
student that have been successful in improving reading among	3597
low-performing readers.	3598

(B)(1) Beginning in the 2012-2013 school year, to assist	3599
students in meeting the third grade guarantee established by this	3600
section, each school district board of education shall adopt	3601
policies and procedures with which it annually shall assess the	3602
reading skills of each student enrolled in kindergarten to third	3603
grade by the thirtieth day of September and shall identify	3604
students who are reading below their grade level. Each district	3605
shall use the diagnostic assessment to measure ~~English language~~	3606
~~arts~~reading ability for the appropriate grade level adopted under	3607
section 3301.079 of the Revised Code, or a comparable tool	3608
approved by the department of education, to identify such	3609
students. The policies and procedures shall require the students'	3610
classroom teachers to be involved in the assessment and the	3611
identification of students reading below grade level.	3612

(2) For each student identified by the diagnostic assessment	3613
prescribed under this section as having reading skills below grade	3614
level, the district shall do both of the following:	3615

(a) Provide to the student's parent or guardian, in writing,	3616
all of the following:	3617

(i) Notification that the student has been identified as	3618
having a substantial deficiency in reading;	3619

(ii) A description of the current services that are provided	3620
to the student;	3621

(iii) A description of the proposed supplemental	3622
instructional services and supports that will be provided to the	3623
student that are designed to remediate the identified areas of	3624
reading deficiency;	3625

(iv) Notification that if the student attains a score in the	3626
range designated under division (A)(3) of section 3301.0710 of the	3627
Revised Code on the assessment prescribed under that section to	3628
measure skill in English language arts expected at the end of	3629
third grade, the student shall be retained unless the student is	3630
exempt under division (A) of this section. The notification shall	3631
specify that the assessment under section 3301.0710 of the Revised	3632
Code is not the sole determinant of promotion and that additional	3633
evaluations and assessments are available to the student to assist	3634
parents and the district in knowing when a student is reading at	3635
or above grade level and ready for promotion.	3636

(b) Provide intensive reading instruction services and	3637
regular diagnostic assessments to the student immediately	3638
following identification of a reading deficiency~~, in accordance~~	3639
~~with~~until the development of the reading improvement and	3640
monitoring plan required by division (C) of this section. ~~Such~~	3641
These intervention services shall include research-based reading	3642
strategies that have been shown to be successful in improving	3643
reading among low-performing readers and instruction targeted at	3644
the student's identified reading deficiencies.	3645

(3) For each student retained under division (A) of this	3646
section, the district shall do all of the following:	3647

(a) Provide intense remediation services until the student is	3648
able to read at grade level. The remediation services shall	3649
include intensive interventions in reading that address the areas	3650
of deficiencies identified under this section including, but not	3651
limited to, not less than ninety minutes of reading daily and may	3652
include any of the following:	3653

(i) Small group instruction;

3654

(ii) Reduced teacher-student ratios;

3655

(iii) More frequent progress monitoring;

3656

(iv) Tutoring or mentoring;

3657

(v) Transition classes containing third and fourth grade	3658
students;	3659

(vi) Extended school day, week, or year;

3660

(vii) Summer reading camps.

3661

(b) Establish a policy for the mid-year promotion of a	3662
student retained under division (A) of this section who	3663
demonstrates that the student is reading at or above grade level;	3664

(c) Provide each student with a high-performing teacher, as	3665
determined by the teacher's student performance data, when	3666
available, and performance reviews.	3667

The district shall offer the option for students to receive	3668
applicable services from one or more providers other than the	3669
district. Providers shall be screened and approved by the district	3670
or the department of education. If the student participates in the	3671
remediation services and demonstrates reading proficiency in	3672
accordance with standards adopted by the department prior to the	3673
start of fourth grade, the district shall promote the student to	3674
that grade.	3675

(4) For each student retained under division (A) of this	3676
section who has demonstrated proficiency in a specific academic	3677
ability field, each district shall provide instruction	3678
commensurate with student achievement levels in that specific	3679
academic ability field.	3680

As used in this division, "specific academic ability field"	3681
has the same meaning as in section 3324.01 of the Revised Code.	3682

(C) For each student required to be provided intervention	3683
services under this section, the district shall develop a reading	3684
improvement and monitoring plan within sixty days after receiving	3685
the student's results on the diagnostic assessment or comparable	3686
tool administered under division (B)(1) of this section. The	3687
district shall involve the student's parent or guardian and	3688
classroom teacher in developing the plan. The plan shall include	3689
all of the following:	3690

(1) Identification of the student's specific reading	3691
deficiencies;	3692

(2) A description of the additional instructional services	3693
and support that will be provided to the student to remediate the	3694
identified reading deficiencies;	3695

(3) Opportunities for the student's parent or guardian to be	3696
involved in the instructional services and support described in	3697
division (C)(2) of this section;	3698

(4) A process for monitoring the extent to which the student	3699
receives the instructional services and support described in	3700
division (C)(2) of this section;	3701

(5) A reading curriculum during regular school hours that	3702
does all of the following:	3703

(a) Assists students to read at grade level;

3704

(b) Provides scientifically based and reliable assessment;

3705

(c) Provides initial and ongoing analysis of each student's	3706
reading progress.	3707

(6) A statement that if the student attains a score in the	3708
range designated under division (A)(3) of section 3301.0710 of the	3709
Revised Code on the assessment prescribed under that section to	3710
measure skill in English language arts expected by the end of	3711
third grade, the student may be retained in third grade.	3712

Each student with a reading improvement and monitoring plan	3713
under this division who enters third grade after July 1, 2013,	3714
shall be assigned to a teacher who has either received a passing	3715
score on a rigorous test of principles of scientifically based	3716
reading instruction approved by the state board of education or	3717
has a reading endorsement on the teacher's license.	3718

The district shall report any information requested by the	3719
department about the plans developed under this division in the	3720
manner required by the department.	3721

(D) Each school district shall report annually to the	3722
department on its implementation and compliance with this section	3723
using guidelines prescribed by the superintendent of public	3724
instruction. The superintendent of public instruction annually	3725
shall report to the governor and general assembly the number and	3726
percentage of students in grades kindergarten through four reading	3727
below grade level based on the diagnostic assessments administered	3728
under division (B) of this section and the achievement assessments	3729
administered under divisions (A)(1)(a) and (b) of section	3730
3301.0710 of the Revised Code in English language arts, aggregated	3731
by school district and building; the types of intervention	3732
services provided to students; and, if available, an evaluation of	3733
the efficacy of the intervention services provided.	3734

(E) Any summer remediation services funded in whole or in	3735
part by the state and offered by school districts to students	3736
under this section shall meet the following conditions:	3737

(1) The remediation methods are based on reliable educational	3738
research.	3739

(2) The school districts conduct assessment before and after	3740
students participate in the program to facilitate monitoring	3741
results of the remediation services.	3742

(3) The parents of participating students are involved in	3743
programming decisions.	3744

(F) Any intervention or remediation services required by this	3745
section shall include intensive, explicit, and systematic	3746
instruction.	3747

(G) This section does not create a new cause of action or a	3748
substantive legal right for any person.	3749

Sec. 3314.011. Every community school established under this	3750
chapter shall have a designated fiscal officer. The auditor of	3751
state may require by rule that the fiscal officer of any community	3752
school, before entering upon duties as fiscal officer of the	3753
school, execute a bond in an amount and with surety to be approved	3754
by the governing authority of the school, payable to the state,	3755
conditioned for the faithful performance of all the official	3756
duties required of the fiscal officer. Any such bond shall be	3757
deposited with the governing authority of the school, and a copy	3758
thereof, certified by the governing authority, shall be filed with	3759
the county auditor.	3760

Prior to assuming the duties of fiscal officer, the fiscal	3761
officer designated under this section shall be licensed under	3762
section 3301.074 of the Revised Code ~~or shall complete not less~~	3763
~~than sixteen hours of continuing education classes, courses, or~~	3764
~~workshops in the area of school accounting as approved by the~~	3765
~~sponsor of the community school. Any fiscal officer who is not~~	3766
~~licensed under section 3301.074 of the Revised Code shall complete~~	3767
~~an additional twenty-four hours of continuing education classes,~~	3768
~~courses, or workshops in the area of school accounting as approved~~	3769
~~by the sponsor of the school within one year after assuming the~~	3770
~~duties of fiscal officer of the school. However, any such classes,~~	3771
~~courses, or workshops in excess of sixteen hours completed by the~~	3772
~~fiscal officer prior to assuming the duties of fiscal officer~~	3773
~~shall count toward the additional twenty-four hours of continuing~~	3774
~~education required under this section. In each subsequent year,~~	3775
~~any fiscal officer who is not licensed under section 3301.074 of~~	3776
~~the Revised Code shall complete eight hours of continuing~~	3777
~~education classes, courses, or workshops in the area of school~~	3778
~~accounting as approved by the sponsor of the school~~.	3779

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	3780
the superintendent of public instruction shall appoint	3781
representatives of the department of education, including	3782
employees who work with the education management information	3783
system, to a committee to develop report card models for community	3784
schools. The committee shall design model report cards appropriate	3785
for the various types of community schools approved to operate in	3786
the state. Sufficient models shall be developed to reflect the	3787
variety of grade levels served and the missions of the state's	3788
community schools. All models shall include both financial and	3789
academic data. The initial models shall be developed by March 31,	3790
2000.	3791

(B) ~~The~~Except as provided in section 3314.017 of the Revised	3792
Code, the department of education shall issue an annual report	3793
card for each community school, regardless of how long the school	3794
has been in operation. The report card shall report the academic	3795
and financial performance of the school utilizing one of the	3796
models developed under division (A) of this section. The report	3797
card shall include all information applicable to school buildings	3798
under ~~division~~divisions (A), (B), (C), and (D) of section 3302.03	3799
of the Revised Code. The ratings a community school receives under	3800
section 3302.03 of the Revised Code for its first two full school	3801
years shall not be considered toward automatic closure of the	3802
school under section 3314.35 of the Revised Code or any other	3803
matter that is based on report card ratings.	3804

(C) Upon receipt of a copy of a contract between a sponsor	3805
and a community school entered into under this chapter, the	3806
department of education shall notify the community school of the	3807
specific model report card that will be used for that school.	3808

(D) Report cards shall be distributed to the parents of all	3809
students in the community school, to the members of the board of	3810
education of the school district in which the community school is	3811
located, and to any person who requests one from the department.	3812

Sec. 3314.013. (A) Until ~~January 1, 2013~~the sixty-first day	3813
after the effective date of this amendment, no internet- or	3814
computer-based community school shall operate unless the school	3815
was open for instruction as of May 1, 2005. No entity described in	3816
division (C)(1) of section 3314.02 of the Revised Code shall enter	3817
into a contract to sponsor an internet- or computer-based	3818
community school, including a conversion school, between May 1,	3819
2005, and ~~January 1, 2013~~the sixty-first day after the effective	3820
date of this amendment, except as follows:	3821

(1) The entity may renew a contract that the entity entered	3822
into with an internet- or computer-based community school prior to	3823
May 1, 2005, if the school was open for operation as of that date.	3824

(2) The entity may assume sponsorship of an existing	3825
internet- or computer-based community school that was formerly	3826
sponsored by another entity and may enter into a contract with	3827
that community school in accordance with section 3314.03 of the	3828
Revised Code.	3829

If a sponsor entered into a contract with an internet- or	3830
computer-based community school, including a conversion school,	3831
but the school was not open for operation as of May 1, 2005, the	3832
contract shall be void and the entity shall not enter into another	3833
contract with the school until ~~January 1, 2013~~the sixty-first day	3834
after the effective date of this amendment.	3835

(B)(1) Beginning ~~January~~on the later of July 1, 2013, or the	3836
sixty-first day after the effective date of this amendment, up to	3837
five new internet- or computer-based community schools may open	3838
each year~~. If the governing authorities of more than five new~~	3839
~~schools notify the department of education under division (D) of~~	3840
~~section 3314.02 of the Revised Code, by a deadline established by~~	3841
~~the department, that they have signed a contract with a sponsor to~~	3842
~~open in the following school year, the department shall hold a~~	3843
~~lottery within thirty days after the deadline to choose the five~~	3844
~~schools that may open in that school year. The contract signed by~~	3845
~~the governing authority of any school not selected in the lottery~~	3846
~~shall be void, but the school may enter into a contract with a~~	3847
~~sponsor to open in a subsequent school year, subject to this~~	3848
~~division~~, subject to approval of the superintendent of public	3849
instruction under division (B)(2) of this section.	3850

(2) The superintendent of public instruction shall approve	3851
applications for new internet- or computer-based community schools	3852
from only those applicants demonstrating experience and quality.	3853

The superintendent shall adopt rules prescribing measures to	3854
determine experience and quality of applicants in accordance with	3855
Chapter 119. of the Revised Code. The measures shall include, but	3856
not be limited to, the following considerations:	3857

(a) The sponsor's experience with online schools;

3858

(b) The operator's experience with online schools;

3859

(c) The sponsor's and operator's previous record for student	3860
performance;	3861

(d) A preference for operators with previous experience in	3862
Ohio.	3863

The superintendent shall adopt the rules so that they are	3864
effective not later than the sixty-first day after the effective	3865
date of this amendment.	3866

(3) The department of education shall notify any new	3867
internet- or computer-based community school governed by division	3868
(B) of this section of whether the superintendent has approved or	3869
disapproved the school's application to open for the 2013-2014	3870
school year not later than July 1, 2013, or the sixty-first day	3871
after the effective date of this amendment, if such date occurs	3872
after July 1, 2013. Notwithstanding the dates prescribed for	3873
adoption and signing on sponsor contracts in division (D) of	3874
section 3314.02 of the Revised Code, or the date for opening a	3875
school for instruction required by division (A)(25) of section	3876
3314.03 of the Revised Code, a new internet- or computer-based	3877
community school approved for opening for the 2013-2014 school	3878
year under division (B) of this section may open and operate in	3879
that school year regardless of whether it has complied with those	3880
contract and opening dates. For each school year thereafter, the	3881
school shall comply with all applicable provisions of this	3882
chapter.	3883

(C) Nothing in divisions (A) or (B) of this section prohibits	3884
an internet- or computer-based community school from increasing	3885
the number of grade levels it offers.	3886

(D) Not later than July 1, 2012, the director ~~of the~~	3887
~~governor's office of 21st century education~~ and the superintendent	3888
of public instruction shall develop standards for the operation of	3889
internet- or computer-based community schools. The director shall	3890
submit those standards to the speaker of the house of	3891
representatives and the president of the senate for consideration	3892
of enactment by the general assembly.	3893

Sec. 3314.015. (A) The department of education shall be	3894
responsible for the oversight of any and all sponsors of the	3895
community schools established under this chapter and shall provide	3896
technical assistance to schools and sponsors in their compliance	3897
with applicable laws and the terms of the contracts entered into	3898
under section 3314.03 of the Revised Code and in the development	3899
and start-up activities of those schools. In carrying out its	3900
duties under this section, the department shall do all of the	3901
following:	3902

(1) In providing technical assistance to proposing parties,	3903
governing authorities, and sponsors, conduct training sessions and	3904
distribute informational materials;	3905

(2) Approve entities to be sponsors of community schools;

3906

(3) Monitor and evaluate, as required under section 3314.016	3907
of the Revised Code, the effectiveness of any and all sponsors in	3908
their oversight of the schools with which they have contracted;	3909

(4) By December thirty-first of each year, issue a report to	3910
the governor, the speaker of the house of representatives, the	3911
president of the senate, and the chairpersons of the house and	3912
senate committees principally responsible for education matters	3913
regarding the effectiveness of academic programs, operations, and	3914
legal compliance and of the financial condition of all community	3915
schools established under this chapter and on the performance of	3916
community school sponsors;	3917

(5) From time to time, make legislative recommendations to	3918
the general assembly designed to enhance the operation and	3919
performance of community schools.	3920

(B)(1) Except as provided in sections 3314.021 and 3314.027	3921
of the Revised Code, no entity listed in division (C)(1) of	3922
section 3314.02 of the Revised Code shall enter into a preliminary	3923
agreement under division (C)(2) of section 3314.02 of the Revised	3924
Code until it has received approval from the department of	3925
education to sponsor community schools under this chapter and has	3926
entered into a written agreement with the department regarding the	3927
manner in which the entity will conduct such sponsorship. The	3928
department shall adopt in accordance with Chapter 119. of the	3929
Revised Code rules containing criteria, procedures, and deadlines	3930
for processing applications for such approval, for oversight of	3931
sponsors, for revocation of the approval of sponsors, and for	3932
entering into written agreements with sponsors. The rules shall	3933
require an entity to submit evidence of the entity's ability and	3934
willingness to comply with the provisions of division (D) of	3935
section 3314.03 of the Revised Code. The rules also shall require	3936
entities approved as sponsors on and after June 30, 2005, to	3937
demonstrate a record of financial responsibility and successful	3938
implementation of educational programs. If an entity seeking	3939
approval on or after June 30, 2005, to sponsor community schools	3940
in this state sponsors or operates schools in another state, at	3941
least one of the schools sponsored or operated by the entity must	3942
be comparable to or better than the performance of Ohio schools in	3943
need of continuous improvement under section 3302.03 of the	3944
Revised Code, as determined by the department.	3945

Subject to section 3314.016 of the Revised Code, an entity	3946
that sponsors community schools may enter into preliminary	3947
agreements and sponsor up to one hundred schools, provided each	3948
school and the contract for sponsorship meets the requirements of	3949
this chapter.	3950

(2) The ~~department~~state board of education shall determine,	3951
pursuant to criteria ~~adopted by rule of the department~~specified	3952
in rules adopted in accordance with Chapter 119. of the Revised	3953
Code, whether the mission proposed to be specified in the contract	3954
of a community school to be sponsored by a state university board	3955
of trustees or the board's designee under division (C)(1)(e) of	3956
section 3314.02 of the Revised Code complies with the requirements	3957
of that division. Such determination of the ~~department~~state	3958
board is final.	3959

(3) The ~~department~~state board of education shall determine,	3960
pursuant to criteria ~~adopted by rule of the department~~specified	3961
in rules adopted in accordance with Chapter 119. of the Revised	3962
Code, if any tax-exempt entity under section 501(c)(3) of the	3963
Internal Revenue Code that is proposed to be a sponsor of a	3964
community school is an education-oriented entity for purpose of	3965
satisfying the condition prescribed in division (C)(1)(f)(iii) of	3966
section 3314.02 of the Revised Code. Such determination of the	3967
~~department~~state board is final.	3968

(C) If at any time the state board of education finds that a	3969
sponsor is not in compliance or is no longer willing to comply	3970
with its contract with any community school or with the	3971
department's rules for sponsorship, the state board or designee	3972
shall conduct a hearing in accordance with Chapter 119. of the	3973
Revised Code on that matter. If after the hearing, the state board	3974
or designee has confirmed the original finding, the department of	3975
education may revoke the sponsor's approval to sponsor community	3976
schools. In that case, the department's office of Ohio school	3977
sponsorship, established under section 3314.029 of the Revised	3978
Code, may assume the sponsorship of any schools with which the	3979
sponsor has contracted until the earlier of the expiration of two	3980
school years or until a new sponsor as described in division	3981
(C)(1) of section 3314.02 of the Revised Code is secured by the	3982
school's governing authority. The office of Ohio school	3983
sponsorship may extend the term of the contract in the case of a	3984
school for which it has assumed sponsorship under this division as	3985
necessary to accommodate the term of the department's	3986
authorization to sponsor the school specified in this division.	3987
Community schools sponsored under this division shall not apply to	3988
the limit on directly authorized community schools under division	3989
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3990
in this division shall preclude a community school affected by	3991
this division from applying for sponsorship under that section.	3992

(D) The decision of the department to disapprove an entity	3993
for sponsorship of a community school or to revoke approval for	3994
such sponsorship under division (C) of this section, may be	3995
appealed by the entity in accordance with section 119.12 of the	3996
Revised Code.	3997

(E) The department shall adopt procedures for use by a	3998
community school governing authority and sponsor when the school	3999
permanently closes and ceases operation, which shall include at	4000
least procedures for data reporting to the department, handling of	4001
student records, distribution of assets in accordance with section	4002
3314.074 of the Revised Code, and other matters related to ceasing	4003
operation of the school.	4004

(F) In carrying out its duties under this chapter, the	4005
department shall not impose requirements on community schools or	4006
their sponsors that are not permitted by law or duly adopted	4007
rules.	4008

Sec. 3314.016. This section applies to any entity that	4009
sponsors a community school, regardless of whether section	4010
3314.021 or 3314.027 of the Revised Code exempts the entity from	4011
the requirement to be approved for sponsorship under divisions	4012
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	4013
office of Ohio school sponsorship established under section	4014
3314.029 of the Revised Code shall be ~~ranked~~rated under division	4015
(B) of this section, but divisions (A) and (C) of this section do	4016
not apply to the office.	4017

(A) An entity that sponsors a community school shall be	4018
permitted to enter into contracts under section 3314.03 of the	4019
Revised Code to sponsor additional community schools only if the	4020
entity meets both of the following criteria:	4021

(1) The entity is in compliance with all provisions of this	4022
chapter requiring sponsors of community schools to report data or	4023
information to the department of education.	4024

(2) The entity is not ~~ranked in the lowest twenty per cent of~~	4025
~~community school sponsors on the ranking prescribed by~~rated as	4026
"ineffective" under division (B)(6) of this section.	4027

(B)(1) For purposes of this section, the department shall	4028
develop ~~a composite performance index score, as defined in section~~	4029
~~3302.01 of the Revised Code, that measures the academic~~and	4030
implement an evaluation system that rates each entity that	4031
sponsors a community school based on the following components:	4032

(a) Academic performance of students enrolled in community	4033
schools sponsored by the same entity;	4034

(b) Adherence by a sponsor to the quality practices	4035
prescribed by the department under division (B)(3) of this	4036
section. The department shall not include this measure in the	4037
sponsor evaluation rating system until the department prescribes	4038
quality practices and develops an instrument to measure adherence	4039
to those practices under division (B)(3) of this section.	4040

(c) Compliance with applicable laws and administrative rules	4041
by an entity that sponsors a community school.	4042

(2) In calculating an ~~entity's composite~~academic performance	4043
~~index score~~component, the department shall exclude all of the	4044
following:	4045

(a) All community schools that have been in operation for	4046
~~less~~not more than two full school years;	4047

(b) All community schools described in division (A)~~(3)~~(4)(b)	4048
of section 3314.35 of the Revised Code~~, but the department shall~~	4049
~~cease to exclude the schools described in division (A)(3)(a) of~~	4050
~~that section if those schools become subject to closure under~~	4051
~~division (D) of that section~~.	4052

(3) The department, in consultation with entities that	4053
sponsor community schools, shall prescribe quality practices for	4054
community school sponsors and develop an instrument to measure	4055
adherence to those quality practices. The quality practices shall	4056
be based on standards developed by the national association of	4057
charter school authorizers or any other nationally organized	4058
community school organization.	4059

(4)(a) The department may permit peer review of a sponsor's	4060
adherence to the quality practices prescribed under division	4061
(B)(3) of this section.	4062

(b) The department shall require individuals participating in	4063
peer review under division (B)(4)(a) of this section to complete	4064
training approved or established by the department.	4065

(c) The department may enter into an agreement with another	4066
entity to provide training to individuals conducting peer review	4067
of sponsors. Prior to entering into an agreement with an entity,	4068
the department shall review and approve of the entity's training	4069
program.	4070

(5) Not later than July 1, 2013, the state board of education	4071
shall adopt rules in accordance with Chapter 119. of the Revised	4072
Code prescribing standards for measuring compliance with	4073
applicable laws and rules under division (B)(1)(c) of this	4074
section.	4075

(6) The department annually shall ~~rank~~rate all entities that	4076
sponsor community schools ~~from highest to lowest according to the~~	4077
~~entities' composite performance index scores and~~as either	4078
"exemplary," "effective," or "ineffective," based on the	4079
components prescribed by division (B) of this section, where each	4080
component is weighted equally, except that entities sponsoring	4081
community schools for the first time may be assigned the rating of	4082
"emerging" for only the first two consecutive years.	4083

The department shall publish the ~~rankings~~ratings between	4084
the first day of October and the fifteenth day of October.	4085

(7)(a) Prior to the 2014-2015 school year, student academic	4086
performance prescribed under division (B)(1)(a) of this section	4087
shall not include student academic performance data from community	4088
schools that primarily serve students enrolled in a dropout	4089
prevention and recovery program as described in division (A)(4)(a)	4090
of section 3314.35 of the Revised Code.	4091

(b) For the 2014-2015 school year and each school year	4092
thereafter, student academic performance prescribed under division	4093
(B)(1)(a) of this section shall include student academic	4094
performance data from community schools that primarily serve	4095
students enrolled in a dropout prevention and recovery program.	4096

(C) If the governing authority of a community school enters	4097
into a contract with a sponsor prior to the date on which the	4098
sponsor is prohibited from sponsoring additional schools under	4099
division (A) of this section and the school has not opened for	4100
operation as of that date, that contract shall be void and the	4101
school shall not open until the governing authority secures a new	4102
sponsor by entering into a contract with the new sponsor under	4103
section 3314.03 of the Revised Code. However, the department's	4104
office of Ohio school sponsorship, established under section	4105
3314.029 of the Revised Code, may assume the sponsorship of the	4106
school until the earlier of the expiration of two school years or	4107
until a new sponsor is secured by the school's governing	4108
authority. A community school sponsored by the department under	4109
this division shall not be included when calculating the maximum	4110
number of directly authorized community schools permitted under	4111
division (A)(3) of section 3314.029 of the Revised Code.	4112

Sec. 3314.017. (A) The state board of education shall	4113
prescribe by rules, adopted in accordance with Chapter 119. of the	4114
Revised Code, an academic performance rating and report card	4115
system that satisfies the requirements of this section for	4116
community schools that primarily serve students enrolled in	4117
dropout prevention and recovery programs as described in division	4118
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	4119
lieu of the system prescribed under sections 3302.03 and 3314.012	4120
of the Revised Code beginning with the 2012-2013 school year. Each	4121
such school shall comply with the testing and reporting	4122
requirements of the system as prescribed by the state board.	4123

(B) Nothing in this section shall at any time relieve a	4124
school from its obligations under the "No Child Left Behind Act of	4125
2001" to make "adequate yearly progress," as both that act and	4126
that term are defined in section 3302.01 of the Revised Code, or a	4127
school's amenability to the provisions of section 3302.04 or	4128
3302.041 of the Revised Code. The department shall continue to	4129
report each school's performance as required by the act and to	4130
enforce applicable sanctions under section 3302.04 or 3302.041 of	4131
the Revised Code.	4132

(C) The rules adopted by the state board shall prescribe the	4133
following performance indicators for the rating and report card	4134
system required by this section:	4135

(1) Graduation rate for each of the following student	4136
cohorts:	4137

(a) The number of students who graduate in four years or less	4138
with a regular high school diploma divided by the number of	4139
students who form the adjusted cohort for the graduating class;	4140

(b) The number of students who graduate in five years with a	4141
regular high school diploma divided by the number of students who	4142
form the adjusted cohort for the four-year graduation rate;	4143

(c) The number of students who graduate in six years with a	4144
regular high school diploma divided by the number of students who	4145
form the adjusted cohort for the four-year graduation rate;	4146

(d) The number of students who graduate in seven years with a	4147
regular high school diploma divided by the number of students who	4148
form the adjusted cohort for the four-year graduation rate;	4149

(e) The number of students who graduate in eight years with a	4150
regular high school diploma divided by the number of students who	4151
form the adjusted cohort for the four-year graduation rate.	4152

(2) The percentage of twelfth-grade students currently	4153
enrolled in the school who have attained the designated passing	4154
score on all of the applicable state high school achievement	4155
assessments required under division (B)(1) or (2) of section	4156
3301.0710 of the Revised Code and other students enrolled in the	4157
school, regardless of grade level, who are within three months of	4158
their twenty-second birthday and have attained the designated	4159
passing score on all of the applicable state high school	4160
achievement assessments by their twenty-second birthday;	4161

(3) Annual measurable objectives as defined in section	4162
3302.01 of the Revised Code;	4163

(4) Growth in student achievement in reading, or mathematics,	4164
or both as measured by separate nationally norm-referenced	4165
assessments that have developed appropriate standards for students	4166
enrolled in dropout prevention and recovery programs, adopted or	4167
approved by the state board.	4168

(D)(1) The state board's rules shall prescribe the expected	4169
performance levels and benchmarks for each of the indicators	4170
prescribed by division (C) of this section based on the data	4171
gathered by the department under division (F) of this section.	4172
Based on a school's level of attainment or nonattainment of the	4173
expected performance levels and benchmarks for each of the	4174
indicators, the department shall rate each school in one of the	4175
following categories:	4176

(a) Exceeds standards;

4177

(b) Meets standards;

4178

4179

(2) The state board's rules shall establish all of the	4180
following:	4181

(a) Not later than March 31, 2013, performance levels and	4182
benchmarks for the indicators described in divisions (C)(1) to (3)	4183
of this section;	4184

(b) Not later than December 31, 2014, both of the following:

4185

(i) Performance levels and benchmarks for the indicator	4186
described in division (C)(4) of this section;	4187

(ii) Standards for awarding a community school described in	4188
division (A)(4)(a) of section 3314.35 of the Revised Code an	4189
overall designation, which shall be calculated as follows:	4190

(I) Thirty per cent of the score shall be based on the	4191
indicators described in division (C)(1) of this section that are	4192
applicable to the school year for which the overall designation is	4193
granted.	4194

(II) Thirty per cent of the score shall be based on the	4195
indicators described in division (C)(4) of this section.	4196

(III) Twenty per cent of the score shall be based on the	4197
indicators described in division (C)(2) of this section.	4198

(IV) Twenty per cent of the score shall be based on the	4199
indicators described in division (C)(3) of this section.	4200

(3) If both of the indicators described in divisions (C)(1)	4201
and (2) of this section improve by ten per cent for two	4202
consecutive years, a school shall be rated as "meets standards."	4203

The rating and the relevant performance data for each school	4204
shall be posted on the department's web site, and a copy of the	4205
rating and data shall be provided to the governing authority of	4206
the community school.	4207

(E)(1) For the 2012-2013 school year, the department shall	4208
issue a report card including the following performance measures,	4209
but without a performance rating as described in divisions	4210
(D)(1)(a) to (c) of this section, for each community school	4211
described in division (A)(4)(a) of section 3314.35 of the Revised	4212
Code:	4213

(a) The graduation rates as described in divisions (C)(1)(a)	4214
to (c) of this section;	4215

(b) The percentage of twelfth-grade students and other	4216
students who have attained a designated passing score on high	4217
school achievement assessments as described in division (C)(2) of	4218
this section;	4219

(c) The statewide average for the graduation rates and	4220
assessment passage rates described in divisions (C)(1)(a) to (c)	4221
and (C)(2) of this section;	4222

(d) Annual measurable objectives described in division (C)(3)	4223
of this section.	4224

(2) For the 2013-2014 school year, the department shall issue	4225
a report card including the following performance measures for	4226
each community school described in division (A)(4) of section	4227
3314.35 of the Revised Code:	4228

(a) The graduation rates described in divisions (C)(1)(a) to	4229
(d) of this section, including a performance rating as described	4230
in divisions (D)(1)(a) to (c) of this section;	4231

(b) The percentage of twelfth-grade students and other	4232
students who have attained a designated passing score on high	4233
school achievement assessments as described in division (C)(2) of	4234
this section, including a performance rating as described in	4235
divisions (D)(1)(a) to (c) of this section;	4236

(c) Annual measurable objectives described in division (C)(3)	4237
of this section, including a performance rating as described in	4238
divisions (D)(1)(a) to (c) of this section;	4239

(d) Both of the following without an assigned rating:

4240

(i) Growth in annual student achievement in reading and	4241
mathematics described in division (C)(4) of this section, if	4242
available;	4243

(ii) Student outcome data, including postsecondary credit	4244
earned, nationally recognized career or technical certification,	4245
military enlistment, job placement, and attendance rate.	4246

(3) Beginning with the 2014-2015 school year, and annually	4247
thereafter, the department shall issue a report card for each	4248
community school described in division (A)(4)(a) of section	4249
3314.35 of the Revised Code that includes all of the following	4250
performance measures, including a performance rating for each	4251
measure as described in divisions (D)(1)(a) to (c) of this	4252
section:	4253

(a) The graduation rates as described in division (C)(1) of	4254
this section;	4255

(b) The percentage of twelfth-grade students and other	4256
students who have attained a designated passing score on high	4257
school achievement assessments as described in division (C)(2) of	4258
this section;	4259

(c) Annual measurable objectives described in division (C)(3)	4260
of this section, including a performance rating as described in	4261
divisions (D)(1)(a) to (c) of this section;	4262

(d) Growth in annual student achievement in reading and	4263
mathematics as described in division (C)(4) of this section;	4264

(e) An overall performance designation for the school	4265
calculated under rules adopted under division (D)(2) of this	4266
section.	4267

The department shall also include student outcome data,	4268
including postsecondary credit earned, nationally recognized	4269
career or technical certification, military enlistment, job	4270
placement, attendance rate, and progress on closing achievement	4271
gaps for each school. This information shall not be included in	4272
the calculation of a school's performance rating.	4273

(F) In developing the rating and report card system required	4274
by this section, during the 2012-2013 and 2013-2014 school years,	4275
the department shall gather and analyze data as determined	4276
necessary from each community school described in division	4277
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	4278
shall cooperate with the department by supplying requested data	4279
and administering required assessments, including sample	4280
assessments for purposes of measuring student achievement growth	4281
as described in division (C)(4) of this section. The department	4282
shall consult with stakeholder groups in performing its duties	4283
under this division.	4284

The department shall also identify one or more states that	4285
have established or are in the process of establishing similar	4286
academic performance rating systems for dropout prevention and	4287
recovery programs and consult with the departments of education of	4288
those states in developing the system required by this section.	4289

Sec. 3314.02. (A) As used in this chapter:

4290

(1) "Sponsor" means the board of education of a school	4291
district or the governing board of an educational service center	4292
that agrees to the conversion of all or part of a school or	4293
building under division (B) of this section, or an entity listed	4294
in division (C)(1) of this section, which either has been approved	4295
by the department of education to sponsor community schools or is	4296
exempted by section 3314.021 or 3314.027 of the Revised Code from	4297
obtaining approval, and with which the governing authority of a	4298
community school enters into a contract under section 3314.03 of	4299
the Revised Code.	4300

(2) "Pilot project area" means the school districts included	4301
in the territory of the former community school pilot project	4302
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	4303
the 122nd general assembly.	4304

(3) "Challenged school district" means any of the following:

4305

(a) A school district that is part of the pilot project area;

4306

(b) A school district that ~~is either~~meets one of the	4307
following conditions:	4308

(i) On the effective date of this amendment, the district was	4309
in a state of academic emergency or in a state of academic watch	4310
under section 3302.03 of the Revised Code, as that section existed	4311
prior to the effective date of this amendment;	4312

(ii) For two of the 2012-2013, 2013-2014, and 2014-2015	4313
school years, the district received a grade of "D" or "F" for the	4314
performance index score and a grade of "F" for the value-added	4315
progress dimension under section 3302.03 of the Revised Code;	4316

(iii) For the 2015-2016 school year and for any school year	4317
thereafter, the district has received an overall grade of "D" or	4318
"F" under division (C)(2) of section 3302.03 of the Revised Code,	4319
or, for at least two of the three most recent school years, the	4320
district received a grade of "F" for the value-added progress	4321
dimension under division (C)(1)(e) of that section.	4322

4323

(d) A school district ranked in the lowest five per cent of	4324
school districts according to performance index score under	4325
section 3302.21 of the Revised Code.	4326

(4) "Big eight school district" means a school district that	4327
for fiscal year 1997 had both of the following:	4328

(a) A percentage of children residing in the district and	4329
participating in the predecessor of Ohio works first greater than	4330
thirty per cent, as reported pursuant to section 3317.10 of the	4331
Revised Code;	4332

(b) An average daily membership greater than twelve thousand,	4333
as reported pursuant to former division (A) of section 3317.03 of	4334
the Revised Code.	4335

(5) "New start-up school" means a community school other than	4336
one created by converting all or part of an existing public school	4337
or educational service center building, as designated in the	4338
school's contract pursuant to division (A)(17) of section 3314.03	4339
of the Revised Code.	4340

(6) "Urban school district" means one of the state's	4341
twenty-one urban school districts as defined in division (O) of	4342
section 3317.02 of the Revised Code as that section existed prior	4343
to July 1, 1998.	4344

(7) "Internet- or computer-based community school" means a	4345
community school established under this chapter in which the	4346
enrolled students work primarily from their residences on	4347
assignments in nonclassroom-based learning opportunities provided	4348
via an internet- or other computer-based instructional method that	4349
does not rely on regular classroom instruction or via	4350
comprehensive instructional methods that include internet-based,	4351
other computer-based, and noncomputer-based learning	4352
opportunities.	4353

(8) "Operator" means either of the following:

4354

(a) An individual or organization that manages the daily	4355
operations of a community school pursuant to a contract between	4356
the operator and the school's governing authority;	4357

(b) A nonprofit organization that provides programmatic	4358
oversight and support to a community school under a contract with	4359
the school's governing authority and that retains the right to	4360
terminate its affiliation with the school if the school fails to	4361
meet the organization's quality standards.	4362

(B) Any person or group of individuals may initially propose	4363
under this division the conversion of all or a portion of a public	4364
school or a building operated by an educational service center to	4365
a community school. The proposal shall be made to the board of	4366
education of the city, local, exempted village, or joint	4367
vocational school district in which the public school is proposed	4368
to be converted or, in the case of the conversion of a building	4369
operated by an educational service center, to the governing board	4370
of the service center. Upon receipt of a proposal, a board may	4371
enter into a preliminary agreement with the person or group	4372
proposing the conversion of the public school or service center	4373
building, indicating the intention of the board to support the	4374
conversion to a community school. A proposing person or group that	4375
has a preliminary agreement under this division may proceed to	4376
finalize plans for the school, establish a governing authority for	4377
the school, and negotiate a contract with the board. Provided the	4378
proposing person or group adheres to the preliminary agreement and	4379
all provisions of this chapter, the board shall negotiate in good	4380
faith to enter into a contract in accordance with section 3314.03	4381
of the Revised Code and division (C) of this section.	4382

(C)(1) Any person or group of individuals may propose under	4383
this division the establishment of a new start-up school to be	4384
located in a challenged school district. The proposal may be made	4385
to any of the following entities:	4386

(a) The board of education of the district in which the	4387
school is proposed to be located;	4388

(b) The board of education of any joint vocational school	4389
district with territory in the county in which is located the	4390
majority of the territory of the district in which the school is	4391
proposed to be located;	4392

(c) The board of education of any other city, local, or	4393
exempted village school district having territory in the same	4394
county where the district in which the school is proposed to be	4395
located has the major portion of its territory;	4396

(d) The governing board of any educational service center, as	4397
long as the proposed school will be located in a county within the	4398
territory of the service center or in a county contiguous to such	4399
county;. However, the governing board of an educational service	4400
center may sponsor a new start-up school in any challenged school	4401
district in the state if all of the following are satisfied:	4402

(i) If applicable, it satisfies the requirements of division	4403
(E) of section 3311.86 of the Revised Code;	4404

(ii) It is approved to do so by the department;

4405

(iii) It enters into an agreement with the department under	4406
section 3314.015 of the Revised Code.	4407

(e) A sponsoring authority designated by the board of	4408
trustees of any of the thirteen state universities listed in	4409
section 3345.011 of the Revised Code or the board of trustees	4410
itself as long as a mission of the proposed school to be specified	4411
in the contract under division (A)(2) of section 3314.03 of the	4412
Revised Code and as approved by the department ~~of education~~ under	4413
division (B)(2) of section 3314.015 of the Revised Code will be	4414
the practical demonstration of teaching methods, educational	4415
technology, or other teaching practices that are included in the	4416
curriculum of the university's teacher preparation program	4417
approved by the state board of education;	4418

(f) Any qualified tax-exempt entity under section 501(c)(3)	4419
of the Internal Revenue Code as long as all of the following	4420
conditions are satisfied:	4421

(i) The entity has been in operation for at least five years	4422
prior to applying to be a community school sponsor.	4423

(ii) The entity has assets of at least five hundred thousand	4424
dollars and a demonstrated record of financial responsibility.	4425

(iii) The department ~~of education~~ has determined that the	4426
entity is an education-oriented entity under division (B)(3) of	4427
section 3314.015 of the Revised Code and the entity has a	4428
demonstrated record of successful implementation of educational	4429
programs.	4430

(iv) The entity is not a community school.

4431

Any entity described in division (C)(1) of this section may	4432
enter into a preliminary agreement pursuant to division (C)(2) of	4433
this section with the proposing person or group.	4434

(2) A preliminary agreement indicates the intention of an	4435
entity described in division (C)(1) of this section to sponsor the	4436
community school. A proposing person or group that has such a	4437
preliminary agreement may proceed to finalize plans for the	4438
school, establish a governing authority as described in division	4439
(E) of this section for the school, and negotiate a contract with	4440
the entity. Provided the proposing person or group adheres to the	4441
preliminary agreement and all provisions of this chapter, the	4442
entity shall negotiate in good faith to enter into a contract in	4443
accordance with section 3314.03 of the Revised Code.	4444

(3) A new start-up school that is established in a school	4445
district ~~while that district is either in a state of academic~~	4446
~~emergency or in a state of academic watch under section 3302.03 of~~	4447
~~the Revised Code or ranked in the lowest five per cent according~~	4448
~~to performance index score under section 3302.21 of the Revised~~	4449
~~Code~~described in either division (A)(3)(b) or (d) of this section	4450
may continue in existence once the school district is no longer in	4451
~~a state of academic emergency or academic watch or ranked in the~~	4452
~~lowest five per cent according to performance index score~~meets	4453
the conditions described in either division, provided there is a	4454
valid contract between the school and a sponsor.	4455

(4) A copy of every preliminary agreement entered into under	4456
this division shall be filed with the superintendent of public	4457
instruction.	4458

(D) A majority vote of the board of a sponsoring entity and a	4459
majority vote of the members of the governing authority of a	4460
community school shall be required to adopt a contract and convert	4461
the public school or educational service center building to a	4462
community school or establish the new start-up school. Beginning	4463
September 29, 2005, adoption of the contract shall occur not later	4464
than the fifteenth day of March, and signing of the contract shall	4465
occur not later than the fifteenth day of May, prior to the school	4466
year in which the school will open. The governing authority shall	4467
notify the department of education when the contract has been	4468
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4469
Code, an unlimited number of community schools may be established	4470
in any school district provided that a contract is entered into	4471
for each community school pursuant to this chapter.	4472

(E)(1) As used in this division, "immediate relatives" are	4473
limited to spouses, children, parents, grandparents, siblings, and	4474
in-laws.	4475

Each new start-up community school established under this	4476
chapter shall be under the direction of a governing authority	4477
which shall consist of a board of not less than five individuals.	4478

No person shall serve on the governing authority or operate	4479
the community school under contract with the governing authority	4480
so long as the person owes the state any money or is in a dispute	4481
over whether the person owes the state any money concerning the	4482
operation of a community school that has closed.	4483

(2) No person shall serve on the governing authorities of	4484
more than five start-up community schools at the same time.	4485

(3) No present or former member, or immediate relative of a	4486
present or former member, of the governing authority of any	4487
community school established under this chapter shall be an owner,	4488
employee, or consultant of any sponsor or operator of a community	4489
school, unless at least one year has elapsed since the conclusion	4490
of the person's membership.	4491

(4) The governing authority of a start-up community school	4492
may provide by resolution for the compensation of its members.	4493
However, no individual who serves on the governing authority of a	4494
start-up community school shall be compensated more than four	4495
hundred twenty-five dollars per meeting of that governing	4496
authority and no such individual shall be compensated more than a	4497
total amount of five thousand dollars per year for all governing	4498
authorities upon which the individual serves.	4499

(F)(1) A new start-up school that is established prior to	4500
August 15, 2003, in an urban school district that is not also a	4501
big-eight school district may continue to operate after that date	4502
and the contract between the school's governing authority and the	4503
school's sponsor may be renewed, as provided under this chapter,	4504
after that date, but no additional new start-up schools may be	4505
established in such a district unless the district is a challenged	4506
school district as defined in this section as it exists on and	4507
after that date.	4508

(2) A community school that was established prior to June 29,	4509
1999, and is located in a county contiguous to the pilot project	4510
area and in a school district that is not a challenged school	4511
district may continue to operate after that date, provided the	4512
school complies with all provisions of this chapter. The contract	4513
between the school's governing authority and the school's sponsor	4514
may be renewed, but no additional start-up community school may be	4515
established in that district unless the district is a challenged	4516
school district.	4517

(3) Any educational service center that, on June 30, 2007,	4518
sponsors a community school that is not located in a county within	4519
the territory of the service center or in a county contiguous to	4520
such county may continue to sponsor that community school on and	4521
after June 30, 2007, and may renew its contract with the school.	4522
However, the educational service center shall not enter into a	4523
contract with any additional community school, unless the school	4524
is located in a county within the territory of the service center	4525
or in a county contiguous to such county, or unless the governing	4526
board of the service center has entered into an agreement with the	4527
department authorizing the service center to sponsor a community	4528
school in any challenged school district in the state.	4529

Sec. 3314.05. (A) The contract between the community school	4530
and the sponsor shall specify the facilities to be used for the	4531
community school and the method of acquisition. Except as provided	4532
in divisions (B)(3) and (4) of this section, no community school	4533
shall be established in more than one school district under the	4534
same contract.	4535

(B) Division (B) of this section shall not apply to internet-	4536
or computer-based community schools.	4537

(1) A community school may be located in multiple facilities	4538
under the same contract only if the limitations on availability of	4539
space prohibit serving all the grade levels specified in the	4540
contract in a single facility or division (B)(2), (3), or (4) of	4541
this section applies to the school. The school shall not offer the	4542
same grade level classrooms in more than one facility.	4543

(2) A community school may be located in multiple facilities	4544
under the same contract and, notwithstanding division (B)(1) of	4545
this section, may assign students in the same grade level to	4546
multiple facilities, as long as all of the following apply:	4547

(a) The governing authority of the community school filed a	4548
copy of its contract with the school's sponsor under section	4549
3314.03 of the Revised Code with the superintendent of public	4550
instruction on or before May 15, 2008.	4551

(b) The school was not open for operation prior to July 1,	4552
2008.	4553

(c) The governing authority has entered into and maintains a	4554
contract with an operator of the type described in division	4555
(A)(8)(b) of section 3314.02 of the Revised Code.	4556

(d) The contract with that operator qualified the school to	4557
be established pursuant to division (A) of former section 3314.016	4558
of the Revised Code.	4559

(e) The school's rating under section 3302.03 of the Revised	4560
Code does not fall below ~~"in need of continuous improvement"~~a	4561
combination of any of the following for two or more consecutive	4562
years:	4563

(i) A rating of "in need of continuous improvement" under	4564
section 3302.03 of the Revised Code, as that section existed prior	4565
to the effective date of this section;	4566

(ii) For the 2012-2013 and 2013-2014 school years, a rating	4567
of "C" for both the performance index score under division	4568
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	4569
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	4570
Code;	4571

(iii) For the 2014-2015 school year and for any school year	4572
thereafter, an overall grade of "C" under division (C)(2) of	4573
section 3302.03 of the Revised Code or an overall performance	4574
designation of "meets standards" under division (E)(3)(e) of	4575
section 3314.017 of the Revised Code.	4576

(3) A new start-up community school may be established in two	4577
school districts under the same contract if all of the following	4578
apply:	4579

(a) At least one of the school districts in which the school	4580
is established is a challenged school district;	4581

(b) The school operates not more than one facility in each	4582
school district and, in accordance with division (B)(1) of this	4583
section, the school does not offer the same grade level classrooms	4584
in both facilities; and	4585

(c) Transportation between the two facilities does not	4586
require more than thirty minutes of direct travel time as measured	4587
by school bus.	4588

In the case of a community school to which division (B)(3) of	4589
this section applies, if only one of the school districts in which	4590
the school is established is a challenged school district, that	4591
district shall be considered the school's primary location and the	4592
district in which the school is located for the purposes of	4593
division (A)(19) of section 3314.03 and divisions (C) and (H) of	4594
section 3314.06 of the Revised Code and for all other purposes of	4595
this chapter. If both of the school districts in which the school	4596
is established are challenged school districts, the school's	4597
governing authority shall designate one of those districts to be	4598
considered the school's primary location and the district in which	4599
the school is located for the purposes of those divisions and all	4600
other purposes of this chapter and shall notify the department of	4601
education of that designation.	4602

(4) A community school may be located in multiple facilities	4603
under the same contract and, notwithstanding division (B)(1) of	4604
this section, may assign students in the same grade level to	4605
multiple facilities, as long as both of the following apply:	4606

(a) The facilities are all located in the same county.

4607

(b) The governing authority has entered into and maintains a	4608
contract with an operator.	4609

In the case of a community school to which division (B)(4) of	4610
this section applies and that maintains facilities in more than	4611
one school district, the school's governing authority shall	4612
designate one of those districts to be considered the school's	4613
primary location and the district in which the school is located	4614
for the purposes of division (A)(19) of section 3314.03 and	4615
divisions (C) and (H) of section 3314.06 of the Revised Code and	4616
for all other purposes of this chapter and shall notify the	4617
department of that designation.	4618

(5) Any facility used for a community school shall meet all	4619
health and safety standards established by law for school	4620
buildings.	4621

(C) In the case where a community school is proposed to be	4622
located in a facility owned by a school district or educational	4623
service center, the facility may not be used for such community	4624
school unless the district or service center board owning the	4625
facility enters into an agreement for the community school to	4626
utilize the facility. Use of the facility may be under any terms	4627
and conditions agreed to by the district or service center board	4628
and the school.	4629

(D) Two or more separate community schools may be located in	4630
the same facility.	4631

(E) In the case of a community school that is located in	4632
multiple facilities, beginning July 1, 2012, the department shall	4633
assign a unique identification number to the school and to each	4634
facility maintained by the school. Each number shall be used for	4635
identification purposes only. Nothing in this division shall be	4636
construed to require the department to calculate the amount of	4637
funds paid under this chapter, or to compute any data required for	4638
the report cards issued under section 3314.012 of the Revised	4639
Code, for each facility separately. The department shall make all	4640
such calculations or computations for the school as a whole.	4641

Sec. 3314.35. (A)(1) Except as provided in division	4642
(A)~~(3)~~(4) of this section, this section applies to any community	4643
school that meets one of the following criteria after July 1,	4644
2009, but before July 1, 2011:	4645

(a) The school does not offer a grade level higher than three	4646
and has been declared to be in a state of academic emergency under	4647
section 3302.03 of the Revised Code for three of the four most	4648
recent school years.	4649

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

4650

(i) The school offers any of grade levels four to eight but	4651
does not offer a grade level higher than nine.	4652

(ii) The school has been declared to be in a state of	4653
academic emergency under section 3302.03 of the Revised Code for	4654
two of the three most recent school years.	4655

(iii) In at least two of the three most recent school years,	4656
the school showed less than one standard year of academic growth	4657
in either reading or mathematics, as determined by the department	4658
of education in accordance with rules adopted under division (A)	4659
of section 3302.021 of the Revised Code.	4660

(c) The school offers any of grade levels ten to twelve and	4661
has been declared to be in a state of academic emergency under	4662
section 3302.03 of the Revised Code for three of the four most	4663
recent school years.	4664

(2) Except as provided in division (A)~~(3)~~(4) of this section,	4665
this section applies to any community school that meets one of the	4666
following criteria after July 1, 2011, but before July 1, 2013:	4667

(a) The school does not offer a grade level higher than three	4668
and has been declared to be in a state of academic emergency under	4669
section 3302.03 of the Revised Code for two of the three most	4670
recent school years.	4671

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

4672

(i) The school offers any of grade levels four to eight but	4673
does not offer a grade level higher than nine.	4674

(ii) The school has been declared to be in a state of	4675
academic emergency under section 3302.03 of the Revised Code for	4676
two of the three most recent school years.	4677

(iii) In at least two of the three most recent school years,	4678
the school showed less than one standard year of academic growth	4679
in either reading or mathematics, as determined by the department	4680
in accordance with rules adopted under division (A) of section	4681
3302.021 of the Revised Code.	4682

(c) The school offers any of grade levels ten to twelve and	4683
has been declared to be in a state of academic emergency under	4684
section 3302.03 of the Revised Code for two of the three most	4685
recent school years.	4686

(3) Except as provided in division (A)(4) of this section,	4687
this section applies to any community school that meets one of the	4688
following criteria on or after July 1, 2013:	4689

(a) The school does not offer a grade level higher than three	4690
and, for two of the three most recent school years, satisfies any	4691
of the following criteria:	4692

(i) The school has been declared to be in a state of academic	4693
emergency under section 3302.03 of the Revised Code, as it existed	4694
prior to the effective date of this amendment;	4695

(ii) The school has received a grade of "F" in improving	4696
literacy in grades kindergarten through three under division	4697
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	4698

(iii) The school has received an overall grade of "F" under	4699
division (C) of section 3302.03 of the Revised Code.	4700

(b) The school offers any of grade levels four to eight but	4701
does not offer a grade level higher than nine and, for two of the	4702
three most recent school years, satisfies any of the following	4703
criteria:	4704

(i) The school has been declared to be in a state of academic	4705
emergency under section 3302.03 of the Revised Code, as it existed	4706
prior to the effective date of this amendment;	4707

(ii) The school has received a grade of "F" for the	4708
performance index score under division (A)(1)(b), (B)(1)(b), or	4709
(C)(1)(b) and a grade of "F" for the value-added progress	4710
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	4711
section 3302.03 of the Revised Code;	4712

(iii) The school has received an overall grade of "F" under	4713
division (C) and a grade of "F" for the value-added progress	4714
dimension under division (C)(1)(e) of section 3302.03 of the	4715
Revised Code.	4716

(c) The school offers any of grade levels ten to twelve and,	4717
for two of the three most recent school years, satisfies any of	4718
the following criteria:	4719

(i) The school has been declared to be in a state of academic	4720
emergency under section 3302.03 of the Revised Code, as it existed	4721
prior to the effective date of this amendment;	4722

(ii) The school has received a grade of "F" for the	4723
performance index score under division (A)(1)(b), (B)(1)(b), or	4724
(C)(1)(b) and has not met annual measurable objectives under	4725
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	4726
the Revised Code;	4727

(iii) The school has received an overall grade of "F" under	4728
division (C) and a grade of "F" for the value-added progress	4729
dimension under division (C)(1)(e) of section 3302.03 of the	4730
Revised Code.	4731

For purposes of division (A)(3) of this section only, the	4732
value-added progress dimension for a community school shall be	4733
calculated using assessment scores for only those students to whom	4734
the school has administered the achievement assessments prescribed	4735
by section 3301.0710 of the Revised Code for at least the two most	4736
recent school years.	4737

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

4738

(a) Any community school in which a majority of the students	4739
are enrolled in a dropout prevention and recovery program that is	4740
operated by the school ~~and that has been granted a waiver under~~	4741
~~section 3314.36 of the Revised Code;~~. Rather, such schools shall	4742
be subject to closure only as provided in section 3314.351 of the	4743
Revised Code. However, prior to July 1, 2014, a community school	4744
in which a majority of the students are enrolled in a dropout	4745
prevention and recovery program shall be exempt from this section	4746
only if it has been granted a waiver under section 3314.36 of the	4747
Revised Code.	4748

(b) Any community school in which a majority of the enrolled	4749
students are children with disabilities receiving special	4750
education and related services in accordance with Chapter 3323. of	4751
the Revised Code.	4752

(B) Any community school to which this section applies shall	4753
permanently close at the conclusion of the school year in which	4754
the school first becomes subject to this section. The sponsor and	4755
governing authority of the school shall comply with all procedures	4756
for closing a community school adopted by the department under	4757
division (E) of section 3314.015 of the Revised Code. The	4758
governing authority of the school shall not enter into a contract	4759
with any other sponsor under section 3314.03 of the Revised Code	4760
after the school closes.	4761

(C) In accordance with division (B) of section 3314.012 of	4762
the Revised Code, the department shall not consider the	4763
performance ratings assigned to a community school for its first	4764
two years of operation when determining whether the school meets	4765
the criteria prescribed by division (A)(1) or (2) of this section.	4766

~~(D) Notwithstanding division (A)(3)(a) of this section, if,~~	4767
~~by March 31, 2013, the general assembly does not enact for~~	4768
~~community schools described in that division performance~~	4769
~~standards, a report card rating system, and criteria for closure,~~	4770
~~those schools shall be required to permanently close upon meeting~~	4771
~~the criteria prescribed in division (A)(2) of this section, except~~	4772
~~that, subject to division (C) of this section, only the~~	4773
~~performance ratings issued for the 2012-2013 school year and later~~	4774
~~shall count in determining if the criteria are met.~~	4775

Sec. 3314.351. (A) This section applies to any community	4776
school in which a majority of the students are enrolled in a	4777
dropout prevention and recovery program. Beginning on or after	4778
July 1, 2014, any such community school that has received a	4779
designation of "does not meet standards," as described in division	4780
(D)(1) of section 3314.017 of the Revised Code on the report card	4781
issued under that section, for at least two of the three most	4782
recent school years shall be subject to closure in accordance with	4783
this section.	4784

(B) Not later than the first day of September in each school	4785
year, the department of education shall notify each school subject	4786
to closure under this section that the school must close not later	4787
than the thirtieth day of the following June.	4788

A school so notified shall close as required.

4789

(C) A school that opens on or after July 1, 2014, shall not	4790
be subject to closure under this section for its first two years	4791
of operation. A school that is in operation prior to July 1, 2014,	4792
shall not be subject to closure under this section until after	4793
August 31, 2016.	4794

(D) The sponsor and governing authority of the school shall	4795
comply with all procedures for closing a community school adopted	4796
by the department under division (E) of section 3314.015 of the	4797
Revised Code. The governing authority of the school shall not	4798
enter into a contract with any other sponsor under section 3314.03	4799
of the Revised Code after the school closes.	4800

Sec. 3314.36. (A) ~~Except as otherwise provided in division~~	4801
~~(D) of section~~Section 3314.35 of the Revised Code~~, that section~~	4802
does not apply to any community school in which a majority of the	4803
students are enrolled in a dropout prevention and recovery program	4804
that is operated by the school and that has been granted a waiver	4805
by the department of education. ~~The~~Until June 30, 2014, the	4806
department shall grant a waiver to a dropout prevention and	4807
recovery program, within sixty days after the program applies for	4808
the waiver, if the program meets all of the following conditions:	4809

(1) The program serves only students not younger than sixteen	4810
years of age and not older than twenty-one years of age.	4811

(2) The program enrolls students who, at the time of their	4812
initial enrollment, either, or both, are at least one grade level	4813
behind their cohort age groups or experience crises that	4814
significantly interfere with their academic progress such that	4815
they are prevented from continuing their traditional programs.	4816

(3) The program requires students to attain at least the	4817
applicable score designated for each of the assessments prescribed	4818
under division (B)(1) of section 3301.0710 of the Revised Code or,	4819
to the extent prescribed by rule of the state board of education	4820
under division (D)(6) of section 3301.0712 of the Revised Code,	4821
division (B)(2) of that section.	4822

(4) The program develops an individual career plan for the	4823
student that specifies the student's matriculating to a two-year	4824
degree program, acquiring a business and industry credential, or	4825
entering an apprenticeship.	4826

(5) The program provides counseling and support for the	4827
student related to the plan developed under division (A)(4) of	4828
this section during the remainder of the student's high school	4829
experience.	4830

(6) Prior to receiving the waiver, the program has submitted	4831
to the department an instructional plan that demonstrates how the	4832
academic content standards adopted by the state board of education	4833
under section 3301.079 of the Revised Code will be taught and	4834
assessed.	4835

If the department does not act either to grant the waiver or	4836
to reject the program application for the waiver within sixty days	4837
as required under this section, the waiver shall be considered to	4838
be granted.	4839

(B) Notwithstanding division (A) of this section, the	4840
department shall not grant a waiver to any community school that	4841
did not qualify for a waiver under this section when it initially	4842
began operations, unless the state board of education approves the	4843
waiver.	4844

(C) Beginning on July 1, 2014, all community schools in which	4845
a majority of the students are enrolled in a dropout prevention	4846
and recovery program are subject to the provisions of section	4847
3314.351 of the Revised Code, regardless of whether a waiver has	4848
been granted under this section. Thereafter, no waivers shall be	4849
granted under this section.	4850

Sec. 3314.37. (A) A five-year demonstration project is hereby	4851
established at the community schools known as the ISUS institutes.	4852
The project is a research and development initiative to collect	4853
and analyze data with which to improve dropout prevention and	4854
recovery programs, to evaluate various methodologies employed in	4855
those programs, to develop tools and criteria for evaluating	4856
community schools that operate dropout prevention and recovery	4857
programs, to institute stringent accountability measures for such	4858
community schools, and to direct curricular and programming	4859
decisions for such community schools. The program shall begin with	4860
the 2008-2009 school year and shall operate through the 2012-2013	4861
school year.	4862

(B) Under the demonstration project, the ISUS institutes	4863
shall select and pay the costs of an independent evaluator to	4864
create a study plan and collect and analyze data from the	4865
institutes. The ISUS institutes' selection of the independent	4866
evaluator is subject to the approval of the department of	4867
education. The data collected by the evaluator shall include, but	4868
need not be limited to, the following:	4869

(1) Baseline measures of student status at enrollment,	4870
including academic level; history of court involvement, drug use,	4871
and other behavioral problems; and the circumstances of the	4872
students' parenting and living arrangements;	4873

(2) Student academic progress, measured at multiple and	4874
regular intervals each school year;	4875

(3) Value-added elements of the institutes' dropout	4876
prevention and recovery programs, including industry	4877
certifications, college coursework, community service and service	4878
learning, apprenticeships, and internships;	4879

(4) Outcomes in addition to high school graduation, including	4880
students' contributions to community service and students'	4881
transitions to employment, post-secondary training, college, or	4882
the military.	4883

(C) Not later than the thirtieth day of September following	4884
each school year in which the demonstration project is operating,	4885
the independent evaluator shall do both of the following:	4886

(1) Submit to the ISUS institutes and the department all data	4887
collected and a report of its data analysis;	4888

(2) Submit a report of its data analysis to the speaker and	4889
minority leader of the house of representatives, the president and	4890
minority leader of the senate, and the chairpersons and ranking	4891
minority members of the standing committees of the house of	4892
representatives and the senate that consider education	4893
legislation.	4894

(D) For each school year in which the demonstration project	4895
is operating:	4896

(1) The ISUS institutes shall continue to report data	4897
through the education management information system under section	4898
3314.17 of the Revised Code.	4899

(2) The department shall continue to issue annual report	4900
cards for the ISUS institutes under section 3314.012 of the	4901
Revised Code and shall continue to assign them performance ratings	4902
under ~~division (B) of~~ section 3302.03 of the Revised Code.	4903

(E) Nothing in this section prevents the application to the	4904
ISUS institutes, during the demonstration project, of any	4905
provision of the Revised Code or rule or policy of the department	4906
or the state board of education requiring closure, or otherwise	4907
restricting the operation, of a community school based on measures	4908
of academic performance for any school year before or during the	4909
demonstration project. Nothing in this section prevents a sponsor	4910
of an ISUS institute from terminating or not renewing its contract	4911
with the school, from suspending the operations of the school, or	4912
from placing the school on probationary status, in accordance with	4913
this chapter, during the demonstration project. Nothing in this	4914
section prevents the auditor of state from taking action against	4915
an ISUS institute under Chapter 117. of the Revised Code or other	4916
applicable law during the demonstration project.	4917

(F) The department may conduct its own analysis of data	4918
submitted under the demonstration project.	4919

(G) Not later than December 31, 2013, the independent	4920
evaluator shall issue a final report of its findings and analysis	4921
and its recommendations for appropriate academic accountability	4922
measures for community schools that operate dropout prevention and	4923
recovery programs. The independent evaluator shall submit the	4924
report to the department, the speaker and minority leader of the	4925
house of representatives, the president and minority leader of the	4926
senate, and the chairpersons and ranking minority members of the	4927
standing committees of the house of representatives and the senate	4928
that consider education legislation.	4929

Sec. 3317.081. (A) Tuition shall be computed in accordance	4930
with this section if:	4931

(1) The tuition is required by division (C)(3)(b) of section	4932
3313.64 of the Revised Code; or	4933

(2) Neither the child nor the child's parent resides in this	4934
state and tuition is required by section 3327.06 of the Revised	4935
Code.	4936

(B) Tuition computed in accordance with this section shall	4937
equal the attendance district's tuition rate computed under	4938
section 3317.08 of the Revised Code plus the amount in state	4939
education aid, as defined in section 3317.02 of the Revised Code,	4940
that district would have received for the child during the school	4941
year had the attendance district been authorized to count the	4942
child in its formula ADM for that school year under section	4943
3317.03 of the Revised Code.	4944

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	4945
Code, this section applies to any person who is employed under a	4946
teacher license issued under this chapter, or under a professional	4947
or permanent teacher's certificate issued under former section	4948
3319.222 of the Revised Code, and who spends at least fifty per	4949
cent of the time employed providing student instruction. However,	4950
this section does not apply to any person who is employed as a	4951
substitute teacher.	4952

(A) Not later than July 1, 2013, the board of education of	4953
each school district, in consultation with teachers employed by	4954
the board, shall adopt a standards-based teacher evaluation policy	4955
that conforms with the framework for evaluation of teachers	4956
developed under section 3319.112 of the Revised Code. The policy	4957
shall become operative at the expiration of any collective	4958
bargaining agreement covering teachers employed by the board that	4959
is in effect on ~~the effective date of this section~~September 29,	4960
2011, and shall be included in any renewal or extension of such an	4961
agreement.	4962

(B) When using measures of student academic growth as a	4963
component of a teacher's evaluation, those measures shall include	4964
the value-added progress dimension prescribed by section 3302.021	4965
of the Revised Code or an alternative student academic progress	4966
measure if adopted under division (C)(1)(e) of section 3302.03 of	4967
the Revised Code. For teachers of grade levels and subjects for	4968
which the value-added progress dimension or alternative student	4969
academic progress measure is not applicable, the board shall	4970
administer assessments on the list developed under division (B)(2)	4971
of section 3319.112 of the Revised Code.	4972

(C)(1) The board shall conduct an evaluation of each teacher	4973
employed by the board at least once each school year, except as	4974
provided in division (C)(2) of this section. The evaluation shall	4975
be completed by the first day of May and the teacher shall receive	4976
a written report of the results of the evaluation by the tenth day	4977
of May.	4978

(2) The board may elect, by adoption of a resolution, to	4979
evaluate each teacher who received a rating of accomplished on the	4980
teacher's most recent evaluation conducted under this section once	4981
every two school years. In that case, the biennial evaluation	4982
shall be completed by the first day of May of the applicable	4983
school year, and the teacher shall receive a written report of the	4984
results of the evaluation by the tenth day of May of that school	4985
year.	4986

(D) Each evaluation conducted pursuant to this section shall	4987
be conducted by one or more of the following persons who hold a	4988
credential established by the department of education for being an	4989
evaluator:	4990

(1) A person who is under contract with the board pursuant to	4991
section 3319.01 or 3319.02 of the Revised Code and holds a license	4992
designated for being a superintendent, assistant superintendent,	4993
or principal issued under section 3319.22 of the Revised Code;	4994

(2) A person who is under contract with the board pursuant to	4995
section 3319.02 of the Revised Code and holds a license designated	4996
for being a vocational director, administrative specialist, or	4997
supervisor in any educational area issued under section 3319.22 of	4998
the Revised Code;	4999

(3) A person designated to conduct evaluations under an	5000
agreement entered into by the board, including an agreement	5001
providing for peer review entered into by the board and	5002
representatives of teachers employed by the board;	5003

(4) A person who is employed by an entity contracted by the	5004
board to conduct evaluations and who holds a license designated	5005
for being a superintendent, assistant superintendent, principal,	5006
vocational director, administrative specialist, or supervisor in	5007
any educational area issued under section 3319.22 of the Revised	5008
Code or is qualified to conduct evaluations.	5009

(E) Notwithstanding division (A)(3) of section 3319.112 of	5010
the Revised Code:	5011

(1) The board shall require at least three formal	5012
observations of each teacher who is under consideration for	5013
nonrenewal and with whom the board has entered into a limited	5014
contract or an extended limited contract under section 3319.11 of	5015
the Revised Code.	5016

(2) The board may elect, by adoption of a resolution, to	5017
require only one formal observation of a teacher who received a	5018
rating of accomplished on the teacher's most recent evaluation	5019
conducted under this section, provided the teacher completes a	5020
project that has been approved by the board to demonstrate the	5021
teacher's continued growth and practice at the accomplished level.	5022

(F) The board shall include in its evaluation policy	5023
procedures for using the evaluation results for retention and	5024
promotion decisions and for removal of poorly performing teachers.	5025
Seniority shall not be the basis for a decision to retain a	5026
teacher, except when making a decision between teachers who have	5027
comparable evaluations.	5028

(G) For purposes of section 3333.0411 of the Revised Code,	5029
the board annually shall report to the department of education the	5030
number of teachers for whom an evaluation was conducted under this	5031
section and the number of teachers assigned each rating prescribed	5032
under division (B)(1) of section 3319.112 of the Revised Code,	5033
aggregated by the teacher preparation programs from which and the	5034
years in which the teachers graduated. The department shall	5035
establish guidelines for reporting the information required by	5036
this division. The guidelines shall not permit or require that the	5037
name of, or any other personally identifiable information about,	5038
any teacher be reported under this division.	5039

(H) Notwithstanding any provision to the contrary in Chapter	5040
4117. of the Revised Code, the requirements of this section	5041
prevail over any conflicting provisions of a collective bargaining	5042
agreement entered into on or after ~~the effective date of this~~	5043
~~amendment~~September 24, 2012.	5044

(I) Notwithstanding any provision to the contrary in Chapter	5045
4117. of the Revised Code, the requirements of sections 3119.11	5046
and 3119.112 of the Revised Code prevail over any conflicting	5047
provisions of a collective bargaining agreement entered into on or	5048
after the effective date of this amendment.	5049

Sec. 3319.112. (A) Not later than December 31, 2011, the	5050
state board of education shall develop a standards-based state	5051
framework for the evaluation of teachers. The state board may	5052
update the framework periodically by adoption of a resolution. The	5053
framework shall establish an evaluation system that does the	5054
following:	5055

(1) Provides for multiple evaluation factors~~, including~~	5056
~~student academic growth which shall account for fifty per cent of~~	5057
~~each~~. One factor shall be student academic growth which shall	5058
account for fifty per cent of each evaluation. When applicable to	5059
the grade level or subject area taught by a teacher, the	5060
value-added progress dimension established under section 3302.021	5061
of the Revised Code or an alternative student academic progress	5062
measure if adopted under division (C)(1)(e) of section 3302.03 of	5063
the Revised Code shall be used in the student academic growth	5064
portion of an evaluation. In calculating student academic growth	5065
for an evaluation, a student shall not be included if the student	5066
has sixty or more unexcused absences for the school year.	5067

(2) Is aligned with the standards for teachers adopted under	5068
section 3319.61 of the Revised Code;	5069

(3) Requires observation of the teacher being evaluated,	5070
including at least two formal observations by the evaluator of at	5071
least thirty minutes each and classroom walkthroughs;	5072

(4) Assigns a rating on each evaluation in accordance with	5073
division (B) of this section;	5074

(5) Requires each teacher to be provided with a written	5075
report of the results of the teacher's evaluation;	5076

(6) Identifies measures of student academic growth for grade	5077
levels and subjects for which the value-added progress dimension	5078
prescribed by section 3302.021 of the Revised Code or an	5079
alternative student academic progress measure if adopted under	5080
division (C)(1)(e) of section 3302.03 of the Revised Code does not	5081
apply;	5082

(7) Implements a classroom-level, value-added program	5083
developed by a nonprofit organization described in division (B) of	5084
section 3302.021 of the Revised Code or an alternative student	5085
academic progress measure if adopted under division (C)(1)(e) of	5086
section 3302.03 of the Revised Code;	5087

(8) Provides for professional development to accelerate and	5088
continue teacher growth and provide support to poorly performing	5089
teachers;	5090

(9) Provides for the allocation of financial resources to	5091
support professional development.	5092

(B) For purposes of the framework developed under this	5093
section, the state board also shall do the following:	5094

(1) Develop specific standards and criteria that distinguish	5095
between the following levels of performance for teachers and	5096
principals for the purpose of assigning ratings on the evaluations	5097
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	5098
of the Revised Code:	5099

(a) Accomplished;

5100

(b) Proficient;

5101

5102

(d) Ineffective.

5103

(2) For grade levels and subjects for which the assessments	5104
prescribed under sections 3301.0710 and 3301.0712 of the Revised	5105
Code and the value-added progress dimension prescribed by section	5106
3302.021 of the Revised Code, or alternative student academic	5107
progress measure, do not apply, develop a list of student	5108
assessments that measure mastery of the course content for the	5109
appropriate grade level, which may include nationally normed	5110
standardized assessments, industry certification examinations, or	5111
end-of-course examinations.	5112

(C) The state board shall consult with experts, teachers and	5113
principals employed in public schools, and representatives of	5114
stakeholder groups in developing the standards and criteria	5115
required by division (B)(1) of this section.	5116

(D) To assist school districts in developing evaluation	5117
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	5118
the Revised Code, the department shall do both of the following:	5119

(1) Serve as a clearinghouse of promising evaluation	5120
procedures and evaluation models that districts may use;	5121

(2) Provide technical assistance to districts in creating	5122
evaluation policies.	5123

(E) Not later than June 30, 2013, the state board, in	5124
consultation with state agencies that employ teachers, shall	5125
develop a standards-based framework for the evaluation of teachers	5126
employed by those agencies. Each state agency that employs	5127
teachers shall adopt a standards-based teacher evaluation policy	5128
that conforms with the framework developed under this division.	5129
The policy shall become operative at the expiration of any	5130
collective bargaining agreement covering teachers employed by the	5131
agency that is in effect on ~~the effective date of this amendment~~	5132
September 24, 2012, and shall be included in any renewal or	5133
extension of such an agreement.	5134

Sec. 3319.58. (A) As used in this section, "core subject	5135
area" has the same meaning as in section 3319.074 of the Revised	5136
Code.	5137

(B) Each year, beginning with the 2015-2016 school year, the	5138
board of education of each city, exempted village, local, and	5139
joint vocational school district shall require each classroom	5140
teacher who is currently teaching in a core subject area and has	5141
received a rating of ineffective on the evaluations conducted	5142
under section 3319.111 of the Revised Code for two of the three	5143
most recent school years to register for and take all written	5144
examinations of content knowledge selected by the department of	5145
education as appropriate to determine expertise to teach that core	5146
subject area and the grade level to which the teacher is assigned.	5147

(C) Each year, beginning with the 2015-2016 school year, the	5148
governing authority of each community school established under	5149
Chapter 3314. of the Revised Code except a community school to	5150
which section 3314.017 of the Revised Code applies and governing	5151
body of each STEM school established under Chapter 3326. of the	5152
Revised Code with a building ranked in the lowest ten per cent of	5153
all public school buildings according to performance index score,	5154
under section 3302.21 of the Revised Code, shall require each	5155
classroom teacher currently teaching in a core subject area in	5156
such a building to register for and take all written examinations	5157
of content knowledge selected by the department as appropriate to	5158
determine expertise to teach that core subject area and the grade	5159
level to which the teacher is assigned.	5160

(D) If a teacher who takes an examination under division (B)	5161
of this section passes that examination and provides proof of that	5162
passage to the teacher's employer, the employer shall require the	5163
teacher, at the teacher's expense, to complete professional	5164
development that is targeted to the deficiencies identified in the	5165
teacher's evaluations conducted under section 3319.111 of the	5166
Revised Code. The receipt by the teacher of a rating of	5167
ineffective on the teacher's next evaluation after completion of	5168
the professional development, or the failure of the teacher to	5169
complete the professional development, shall be grounds for	5170
termination of the teacher under section 3319.16 of the Revised	5171
Code.	5172

(E) If a teacher who takes an examination under this section	5173
passes that examination and provides proof of that passage to the	5174
teacher's employer, the teacher shall not be required to take the	5175
examination again for three years, regardless of the teacher's	5176
evaluation ratings or the performance index score ranking of the	5177
building in which the teacher teaches. No teacher shall be	5178
responsible for the cost of taking an examination under this	5179
section.	5180

(F) Each district board of education, each community school	5181
governing authority, and each STEM school governing body may use	5182
the results of a teacher's examinations required under division	5183
(B) or (C) of this section in developing and revising professional	5184
development plans and in deciding whether or not to continue	5185
employing the teacher in accordance with the provisions of this	5186
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	5187
decision to terminate or not to renew a teacher's employment	5188
contract shall be made solely on the basis of the results of a	5189
teacher's examination under this section until and unless the	5190
teacher has not attained a passing score on the same required	5191
examination for at least three consecutive administrations of that	5192
examination.	5193

Sec. 3326.03. (A) The STEM committee shall authorize the	5194
establishment of and award grants to science, technology,	5195
engineering, and mathematics schools based on proposals submitted	5196
to the committee.	5197

The committee shall determine the criteria for proposals,	5198
establish procedures for the submission of proposals, accept and	5199
evaluate proposals, and choose which proposals to approve to	5200
become a STEM school. In approving proposals for STEM schools, the	5201
committee shall consider locating the schools in diverse	5202
geographic regions of the state so that all students have access	5203
to a STEM school.	5204

The committee may authorize the establishment of a group of	5205
multiple STEM schools to operate from multiple facilities located	5206
in one or more school districts under the direction of a single	5207
governing body in the manner prescribed by section 3326.031 of the	5208
Revised Code. The committee shall consider the merits of each of	5209
the proposed STEM schools within a group and shall authorize each	5210
school separately. Anytime after authorizing a group of STEM	5211
schools to be under the direction of a single governing body, upon	5212
a proposal from the governing body, the committee may authorize	5213
one or more additional schools to operate as part of that group.	5214

The STEM committee may approve one or more STEM schools to	5215
serve only students identified as gifted under Chapter 3324. of	5216
the Revised Code.	5217

(B) Proposals may be submitted only by a partnership of	5218
public and private entities consisting of at least all of the	5219
following:	5220

(1) A city, exempted village, local, or joint vocational	5221
school district or an educational service center;	5222

(2) Higher education entities;

5223

(3) Business organizations.

5224

5225

(1) Assurances that the STEM school or group of STEM schools	5226
will be under the oversight of a governing body and a description	5227
of the members of that governing body and how they will be	5228
selected;	5229

(2) Assurances that each STEM school will operate in	5230
compliance with this chapter and the provisions of the proposal as	5231
accepted by the committee;	5232

(3) Evidence that each school will offer a rigorous, diverse,	5233
integrated, and project-based curriculum to students in any of	5234
grades six through twelve, with the goal to prepare those students	5235
for college, the workforce, and citizenship, and that does all of	5236
the following:	5237

(a) Emphasizes the role of science, technology, engineering,	5238
and mathematics in promoting innovation and economic progress;	5239

(b) Incorporates scientific inquiry and technological design;

5240

5241

(d) Emphasizes personalized learning and teamwork skills.

5242

(4) Evidence that each school will attract school leaders who	5243
support the curriculum principles of division (C)(3) of this	5244
section;	5245

(5) A description of how each school's curriculum will be	5246
developed and approved in accordance with section 3326.09 of the	5247
Revised Code;	5248

(6) Evidence that each school will utilize an established	5249
capacity to capture and share knowledge for best practices and	5250
innovative professional development;	5251

(7) Evidence that each school will operate in collaboration	5252
with a partnership that includes institutions of higher education	5253
and businesses;	5254

(8) Assurances that each school has received commitments of	5255
sustained and verifiable fiscal and in-kind support from regional	5256
education and business entities;	5257

(9) A description of how each school's assets will be	5258
distributed if the school closes for any reason.	5259

Sec. 3333.041. (A) On or before the last day of December of	5260
each year, the chancellor of the Ohio board of regents shall	5261
submit to the governor and, in accordance with section 101.68 of	5262
the Revised Code, the general assembly a report or reports	5263
concerning all of the following:	5264

(1) The status of graduates of Ohio school districts at state	5265
institutions of higher education during the twelve-month period	5266
ending on the thirtieth day of September of the current calendar	5267
year. The report shall list, by school district, the number of	5268
graduates of each school district who attended a state institution	5269
of higher education and the percentage of each district's	5270
graduates enrolled in a state institution of higher education	5271
during the reporting period who were required during such period	5272
by the college or university, as a prerequisite to enrolling in	5273
those courses generally required for first-year students, to	5274
enroll in a remedial course in English, including composition or	5275
reading, mathematics, and any other area designated by the	5276
chancellor. The chancellor also shall make the information	5277
described in division (A)(1) of this section available to the	5278
board of education of each city, exempted village, and local	5279
school district.	5280

Each state institution of higher education shall, by the	5281
first day of November of each year, submit to the chancellor in	5282
the form specified by the chancellor the information the	5283
chancellor requires to compile the report.	5284

(2) Aggregate academic growth data for students assigned to	5285
graduates of teacher preparation programs approved under section	5286
3333.048 of the Revised Code who teach English language arts or	5287
mathematics in any of grades four to eight in a public school in	5288
Ohio. For this purpose, the chancellor shall use the value-added	5289
progress dimension prescribed by section 3302.021 of the Revised	5290
Code or the alternative student academic progress measure if	5291
adopted under division (C)(1)(e) of section 3302.03 of the Revised	5292
Code. The chancellor shall aggregate the data by graduating class	5293
for each approved teacher preparation program, except that if a	5294
particular class has ten or fewer graduates to which this section	5295
applies, the chancellor shall report the data for a group of	5296
classes over a three-year period. In no case shall the report	5297
identify any individual graduate. The department of education	5298
shall share any data necessary for the report with the chancellor.	5299

(3) The following information with respect to the Ohio	5300
tuition trust authority:	5301

(a) The name of each investment manager that is a minority	5302
business enterprise or a women's business enterprise with which	5303
the chancellor contracts;	5304

(b) The amount of assets managed by investment managers that	5305
are minority business enterprises or women's business enterprises,	5306
expressed as a percentage of assets managed by investment managers	5307
with which the chancellor has contracted;	5308

(c) Efforts by the chancellor to increase utilization of	5309
investment managers that are minority business enterprises or	5310
women's business enterprises.	5311

(4) The status of implementation of faculty improvement	5312
programs under section 3345.28 of the Revised Code. The report	5313
shall include, but need not be limited to, the following: the	5314
number of professional leave grants made by each institution; the	5315
purpose of each professional leave; and a statement of the cost to	5316
the institution of each professional leave, to the extent that the	5317
cost exceeds the salary of the faculty member on professional	5318
leave.	5319

(5) The number and types of biobased products purchased under	5320
section 125.092 of the Revised Code and the amount of money spent	5321
by state institutions of higher education for those biobased	5322
products as that information is provided to the chancellor under	5323
division (A) of section 3345.692 of the Revised Code.	5324

(6) A description of dual enrollment programs, as defined in	5325
section 3313.6013 of the Revised Code, that are offered by school	5326
districts, community schools established under Chapter 3314. of	5327
the Revised Code, STEM schools established under Chapter 3326. of	5328
the Revised Code, college-preparatory boarding schools established	5329
under Chapter 3328. of the Revised Code, and chartered nonpublic	5330
high schools. The chancellor also shall post the information on	5331
the chancellor's web site.	5332

(7) The academic and economic impact of the Ohio innovation	5333
partnership established under section 3333.61 of the Revised Code.	5334
At a minimum, the report shall include the following:	5335

(a) Progress and performance metrics for each initiative that	5336
received an award in the previous fiscal year;	5337

(b) Economic indicators of the impact of each initiative, and	5338
all initiatives as a whole, on the regional economies and the	5339
statewide economy;	5340

(c) The chancellor's strategy in assigning choose Ohio first	5341
scholarships among state universities and colleges and how the	5342
actual awards fit that strategy.	5343

(8) The academic and economic impact of the Ohio	5344
co-op/internship program established under section 3333.72 of the	5345
Revised Code. At a minimum, the report shall include the	5346
following:	5347

(a) Progress and performance metrics for each initiative that	5348
received an award in the previous fiscal year;	5349

(b) Economic indicators of the impact of each initiative, and	5350
all initiatives as a whole, on the regional economies and the	5351
statewide economy;	5352

(c) The chancellor's strategy in allocating awards among	5353
state institutions of higher education and how the actual awards	5354
fit that strategy.	5355

(B) As used in this section:

5356

(1) "Minority business enterprise" has the same meaning as in	5357
section 122.71 of the Revised Code.	5358

(2) "State institution of higher education" and "state	5359
university" have the same meanings as in section 3345.011 of the	5360
Revised Code.	5361

(3) "State university or college" has the same meaning as in	5362
section 3345.12 of the Revised Code.	5363

(4) "Women's business enterprise" means a business, or a	5364
partnership, corporation, limited liability company, or joint	5365
venture of any kind, that is owned and controlled by women who are	5366
United States citizens and residents of this state.	5367

Sec. 3333.048. (A) Not later than one year after ~~the~~	5368
~~effective date of this section~~October 16, 2009, the chancellor of	5369
the Ohio board of regents and the superintendent of public	5370
instruction jointly shall do the following:	5371

(1) In accordance with Chapter 119. of the Revised Code,	5372
establish metrics and educator preparation programs for the	5373
preparation of educators and other school personnel and the	5374
institutions of higher education that are engaged in their	5375
preparation. The metrics and educator preparation programs shall	5376
be aligned with the standards and qualifications for educator	5377
licenses adopted by the state board of education under section	5378
3319.22 of the Revised Code and the requirements of the Ohio	5379
teacher residency program established under section 3319.223 of	5380
the Revised Code. The metrics and educator preparation programs	5381
also shall ensure that educators and other school personnel are	5382
adequately prepared to use the value-added progress dimension	5383
prescribed by section 3302.021 of the Revised Code or the	5384
alternative student academic progress measure if adopted under	5385
division (C)(1)(e) of section 3302.03 of the Revised Code.	5386

(2) Provide for the inspection of institutions of higher	5387
education desiring to prepare educators and other school	5388
personnel.	5389

(B) Not later than one year after ~~the effective date of this~~	5390
~~section~~October 16, 2009, the chancellor shall approve	5391
institutions of higher education engaged in the preparation of	5392
educators and other school personnel that maintain satisfactory	5393
training procedures and records of performance, as determined by	5394
the chancellor.	5395

(C) If the metrics established under division (A)(1) of this	5396
section require an institution of higher education that prepares	5397
teachers to satisfy the standards of an independent accreditation	5398
organization, the chancellor shall permit each institution to	5399
satisfy the standards of either the national council for	5400
accreditation of teacher education or the teacher education	5401
accreditation council.	5402

(D) The metrics and educator preparation programs established	5403
under division (A)(1) of this section may require an institution	5404
of higher education, as a condition of approval by the chancellor,	5405
to make changes in the curricula of its preparation programs for	5406
educators and other school personnel.	5407

Notwithstanding division (D) of section 119.03 and division	5408
(A)(1) of section 119.04 of the Revised Code, any metrics,	5409
educator preparation programs, rules, and regulations, or any	5410
amendment or rescission of such metrics, educator preparation	5411
programs, rules, and regulations, adopted under this section that	5412
necessitate institutions offering preparation programs for	5413
educators and other school personnel approved by the chancellor to	5414
revise the curricula of those programs shall not be effective for	5415
at least one year after the first day of January next succeeding	5416
the publication of the said change.	5417

Each institution shall allocate money from its existing	5418
appropriations to pay the cost of making the curricular changes.	5419

(E) The chancellor shall notify the state board of the	5420
metrics and educator preparation programs established under	5421
division (A)(1) of this section and the institutions of higher	5422
education approved under division (B) of this section. The state	5423
board shall publish the metrics, educator preparation programs,	5424
and approved institutions with the standards and qualifications	5425
for each type of educator license.	5426

(F) The graduates of institutions of higher education	5427
approved by the chancellor shall be licensed by the state board in	5428
accordance with the standards and qualifications adopted under	5429
section 3319.22 of the Revised Code.	5430

Sec. 3333.391. (A) As used in this section and in section	5431
3333.392 of the Revised Code:	5432

(1) "Academic year" shall be as defined by the chancellor of	5433
the Ohio board of regents.	5434

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	5435
be as defined by the department of education.	5436

(3) "Parent" means the parent, guardian, or custodian of a	5437
qualified student.	5438

(4) "Qualified service" means teaching at a qualifying	5439
school.	5440

(5) "Qualifying school" means a hard-to-staff school district	5441
building or a school district building that has a persistently low	5442
performance rating ~~of academic watch or academic emergency~~, as	5443
determined jointly by the chancellor and superintendent of public	5444
instruction, under section 3302.03 of the Revised Code at the time	5445
the recipient becomes employed by the district.	5446

(B) If the chancellor of the Ohio board of regents determines	5447
that sufficient funds are available from general revenue fund	5448
appropriations made to the Ohio board of regents or to the	5449
chancellor, the chancellor and the superintendent of public	5450
instruction jointly may develop and agree on a plan for the Ohio	5451
teaching fellows program to promote and encourage high school	5452
seniors to enter and remain in the teaching profession. Upon	5453
agreement of such a plan, the chancellor shall establish and	5454
administer the program in conjunction with the superintendent and	5455
with the cooperation of teacher training institutions. Under the	5456
program, the chancellor annually shall provide scholarships to	5457
students who commit to teaching in a qualifying school for a	5458
minimum of four years upon graduation from a teacher training	5459
program at a state institution of higher education or an Ohio	5460
nonprofit institution of higher education that has a certificate	5461
of authorization under Chapter 1713. of the Revised Code. The	5462
scholarships shall be for up to four years at the undergraduate	5463
level at an amount determined by the chancellor based on state	5464
appropriations.	5465

(C) The chancellor shall adopt a competitive process for	5466
awarding scholarships under the teaching fellows program, which	5467
shall include minimum grade point average and scores on national	5468
standardized tests for college admission. The process shall also	5469
give additional consideration to all of the following:	5470

(1) A person who has participated in the program described in	5471
division (A) of section 3333.39 of the Revised Code;	5472

(2) A person who plans to specialize in teaching students	5473
with special needs;	5474

(3) A person who plans to teach in the disciplines of	5475
science, technology, engineering, or mathematics.	5476

The chancellor shall require that all applicants to the	5477
teaching fellows program shall file a statement of service status	5478
in compliance with section 3345.32 of the Revised Code, if	5479
applicable, and that all applicants have not been convicted of,	5480
plead guilty to, or adjudicated a delinquent child for any	5481
violation listed in section 3333.38 of the Revised Code.	5482

(D) Teaching fellows shall complete the four-year teaching	5483
commitment within not more than seven years after graduating from	5484
the teacher training program. Failure to fulfill the commitment	5485
shall convert the scholarship into a loan to be repaid under	5486
section 3333.392 of the Revised Code.	5487

(E) The chancellor shall adopt rules in accordance with	5488
Chapter 119. of the Revised Code to administer this section and	5489
section 3333.392 of the Revised Code.	5490

Sec. 5910.01. As used in this chapter and section 5919.34 of	5491
the Revised Code:	5492

(A) "Child" includes natural and adopted children and	5493
stepchildren who have not been legally adopted by the veteran	5494
parent provided that the relationship between the stepchild and	5495
the veteran parent meets the following criteria:	5496

(1) The veteran parent is married to the child's natural or	5497
adoptive parent at the time application for a scholarship granted	5498
under this chapter is made; or if the veteran parent is deceased,	5499
the child's natural or adoptive parent was married to the veteran	5500
parent at the time of the veteran parent's death;	5501

(2) The child resided with the veteran parent for a period of	5502
not less than ten consecutive years immediately prior to making	5503
application for the scholarship; or if the veteran parent is	5504
deceased, the child resided with the veteran parent for a period	5505
of not less than ten consecutive years immediately prior to the	5506
veteran parent's death;	5507

(3) The child received financial support from the veteran	5508
parent for a period of not less than ten consecutive years	5509
immediately prior to making application for the scholarship; or if	5510
the veteran parent is deceased, the child received financial	5511
support from the veteran parent for a period of not less than ten	5512
consecutive years immediately prior to the veteran parent's death.	5513

(B) "Veteran" includes ~~either~~any of the following:

5514

(1) Any person who was a member of the armed services of the	5515
United States for a period of ninety days or more, or who was	5516
discharged from the armed services due to a disability incurred	5517
while a member with less than ninety days' service, or who died	5518
while a member of the armed services; provided that such service,	5519
disability, or death occurred during one of the following periods:	5520
April 6, 1917, to November 11, 1918; December 7, 1941, to December	5521
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to	5522
May 7, 1975; August 2, 1990, to the end of operations conducted as	5523
a result of the invasion of Kuwait by Iraq, including support for	5524
operation desert shield and operation desert storm, as declared by	5525
the president of the United States or the congress; October 7,	5526
2001, to the end of operation enduring freedom as declared by the	5527
president of the United States or the congress; March 20, 2003, to	5528
the end of operation Iraqi freedom as declared by the president of	5529
the United States or the congress; or any other period of conflict	5530
established by the United States department of veterans affairs	5531
for pension purposes;	5532

(2) Any person who was a member of the armed services of the	5533
United States and participated in an operation for which the armed	5534
forces expeditionary medal was awarded;	5535

(3) Any person who served as a member of the United States	5536
merchant marine and to whom either of the following applies:	5537

(a) The person has an honorable report of separation from the	5538
active duty military service, form DD214 or DD215.	5539

(b) The person served in the United States merchant marine	5540
between December 7, 1941, and December 31, 1946, and died on	5541
active duty while serving in a war zone during that period of	5542
service.	5543

(C) "Armed services of the United States" or "United States	5544
armed forces" includes the army, air force, navy, marine corps,	5545
coast guard, and such other military service branch as may be	5546
designated by congress as a part of the armed forces of the United	5547
States.	5548

(D) "Board" means the Ohio war orphans scholarship board	5549
created by section 5910.02 of the Revised Code.	5550

(E) "Disabled" means having a sixty per cent or greater	5551
service-connected disability or receiving benefits for permanent	5552
and total nonservice-connected disability, as determined by the	5553
United States department of veterans affairs.	5554

(F) "United States merchant marine" includes the United	5555
States army transport service and the United States naval	5556
transport service.	5557

Sec. 5910.02. There is hereby created an Ohio war orphans	5558
scholarship board as part of the department of veterans services.	5559
The board consists of eight members as follows: the chancellor of	5560
the Ohio board of regents or the chancellor's designee; the	5561
director of veterans services or the director's designee; one	5562
member of the house of representatives, appointed by the speaker;	5563
one member of the senate, appointed by the president of the	5564
senate; and four members appointed by the governor, one of whom	5565
shall be a representative of the American Legion, one of whom	5566
shall be a representative of the Veterans of Foreign Wars, one of	5567
whom shall be a representative of the Disabled American Veterans,	5568
and one of whom shall be a representative of the AMVETS. At least	5569
ninety days prior to the expiration of the term of office of the	5570
representative of a veterans organization appointed by the	5571
governor, the governor shall notify the state headquarters of the	5572
affected organization of the need for an appointment and request	5573
the organization to make at least three nominations. Within sixty	5574
days after making the request for nominations, the governor may	5575
make the appointment from the nominations received, or may reject	5576
all the nominations and request at least three new nominations,	5577
from which the governor shall make an appointment within thirty	5578
days after making the request for the new nominations. If the	5579
governor receives no nominations during this thirty-day period,	5580
the governor may appoint any veteran.	5581

Terms of office for the four members appointed by the	5582
governor shall be for four years, commencing on the first day of	5583
January and ending on the thirty-first day of December, except	5584
that the term of the AMVETS representative shall expire December	5585
31, 1998, and the new term that succeeds it shall commence on	5586
January 1, 1999, and end on December 31, 2002. Each member shall	5587
hold office from the date of the member's appointment until the	5588
end of the term for which the member was appointed. The other	5589
members shall serve during their terms of office. Any vacancy	5590
shall be filled by appointment in the same manner as by original	5591
appointment. Any member appointed to fill a vacancy occurring	5592
prior to the expiration of the term for which the member's	5593
predecessor was appointed shall hold office for the remainder of	5594
such term. Any appointed member shall continue in office	5595
subsequent to the expiration date of the member's term until the	5596
member's successor takes office, or until a period of sixty days	5597
has elapsed, whichever occurs first. The members of the board	5598
shall serve without pay but shall be reimbursed for travel	5599
expenses and for other actual and necessary expenses incurred in	5600
the performance of their duties, not to exceed ten dollars per day	5601
for ten days in any one year to be appropriated out of any moneys	5602
in the state treasury to the credit of the general revenue fund.	5603

The chancellor of the board of regents shall act as secretary	5604
to the board and shall furnish such clerical and other assistance	5605
as may be necessary to the performance of the duties of the board.	5606

The board shall determine the number of scholarships to be	5607
made available, receive applications for scholarships, pass upon	5608
the eligibility of applicants, decide which applicants are to	5609
receive scholarships, and do all other things necessary for the	5610
proper administration of this chapter.	5611

The board may apply for, and may receive and accept, grants,	5612
and may receive and accept gifts, bequests, and contributions,	5613
from public and private sources, including agencies and	5614
instrumentalities of the United States and this state, and shall	5615
deposit the grants, gifts, bequests, or contributions into the	5616
Ohio war orphans scholarship fund.	5617

Sec. 5910.07. The Ohio war orphans scholarship fund is	5618
created in the state treasury. The fund shall consist of gifts,	5619
bequests, grants, and contributions made to the fund. Investment	5620
earnings of the fund shall be deposited into the fund. The fund	5621
shall be used to operate the war orphans scholarship program and	5622
to provide grants under sections 5910.01 to 5910.06 of the Revised	5623
Code.	5624

Sec. 5919.34. (A) As used in this section:

5625

(1) "Academic term" means any one of the following:

5626

(a) Fall term, which consists of fall semester or fall	5627
quarter, as appropriate;	5628

(b) Winter term, which consists of winter semester, winter	5629
quarter, or spring semester, as appropriate;	5630

5631

(d) Summer term, which consists of summer semester or summer	5632
quarter, as appropriate.	5633

(2) "Eligible applicant" means any individual to whom all of	5634
the following apply:	5635

(a) The individual does not possess a baccalaureate degree.

5636

(b) The individual has enlisted, re-enlisted, or extended	5637
current enlistment in the Ohio national guard or is an individual	5638
to which division (F) of this section applies.	5639

(c) The individual is actively enrolled as a full-time or	5640
part-time student for at least three credit hours of course work	5641
in a semester or quarter in a two-year or four-year	5642
degree-granting program at a state institution of higher education	5643
or a private institution of higher education, or in a	5644
diploma-granting program at a state or private institution of	5645
higher education that is a school of nursing.	5646

(d) The individual has not accumulated ninety-six eligibility	5647
units under division (E) of this section.	5648

(3) "State institution of higher education" means any state	5649
university or college as defined in division (A)(1) of section	5650
3345.12 of the Revised Code, community college established under	5651
Chapter 3354. of the Revised Code, state community college	5652
established under Chapter 3358. of the Revised Code, university	5653
branch established under Chapter 3355. of the Revised Code, or	5654
technical college established under Chapter 3357. of the Revised	5655
Code.	5656

(4) "Private institution of higher education" means an Ohio	5657
institution of higher education that is nonprofit and has received	5658
a certificate of authorization pursuant to Chapter 1713. of the	5659
Revised Code, that is a private institution exempt from regulation	5660
under Chapter 3332. of the Revised Code as prescribed in section	5661
3333.046 of the Revised Code, or that holds a certificate of	5662
registration and program authorization issued by the state board	5663
of career colleges and schools pursuant to section 3332.05 of the	5664
Revised Code.	5665

(5) "Tuition" means the charges imposed to attend an	5666
institution of higher education and includes general and	5667
instructional fees. "Tuition" does not include laboratory fees,	5668
room and board, or other similar fees and charges.	5669

(B) There is hereby created a scholarship program to be known	5670
as the Ohio national guard scholarship program.	5671

(C) The adjutant general shall approve scholarships for all	5672
eligible applicants. The adjutant general shall process all	5673
applications for scholarships for each academic term in the order	5674
in which they are received. The scholarships shall be made without	5675
regard to financial need. At no time shall one person be placed in	5676
priority over another because of sex, race, or religion.	5677

(D)(1) Except as provided in divisions (I) and (J) of this	5678
section, for each academic term that an eligible applicant is	5679
approved for a scholarship under this section and either remains a	5680
current member in good standing of the Ohio national guard or is	5681
eligible for a scholarship under division (F)(1) of this section,	5682
the institution of higher education in which the applicant is	5683
enrolled shall, if the applicant's enlistment obligation extends	5684
beyond the end of that academic term or if division (F)(1) of this	5685
section applies, be paid on the applicant's behalf the applicable	5686
one of the following amounts:	5687

(a) If the institution is a state institution of higher	5688
education, an amount equal to one hundred per cent of the	5689
institution's tuition charges;	5690

(b) If the institution is a nonprofit private institution or	5691
a private institution exempt from regulation under Chapter 3332.	5692
of the Revised Code as prescribed in section 3333.046 of the	5693
Revised Code, an amount equal to one hundred per cent of the	5694
average tuition charges of all state universities;	5695

(c) If the institution is an institution that holds a	5696
certificate of registration from the state board of career	5697
colleges and schools, the lesser of the following:	5698

(i) An amount equal to one hundred per cent of the	5699
institution's tuition;	5700

(ii) An amount equal to one hundred per cent of the average	5701
tuition charges of all state universities, as that term is defined	5702
in section 3345.011 of the Revised Code.	5703

(2) An eligible applicant's scholarship shall not be reduced	5704
by the amount of that applicant's benefits under "the Montgomery	5705
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	5706

(E) A scholarship recipient under this section shall be	5707
entitled to receive scholarships under this section for the number	5708
of quarters or semesters it takes the recipient to accumulate	5709
ninety-six eligibility units as determined under divisions (E)(1)	5710
to (3) of this section.	5711

(1) To determine the maximum number of semesters or quarters	5712
for which a recipient is entitled to a scholarship under this	5713
section, the adjutant general shall convert a recipient's credit	5714
hours of enrollment for each academic term into eligibility units	5715
in accordance with the following table:	5716

		The			5717
Number of		following		The following	5718
credit hours		number of		number of	5719
of enrollment		eligibility		eligibility	5720
in an academic		units if a		units if a	5721
term	equals	semester	or	quarter	5722
					5723
12 or more hours		12 units		8 units	5724
9 but less than 12		9 units		6 units	5725
6 but less than 9		6 units		4 units	5726
3 but less than 6		3 units		2 units	5727

(2) A scholarship recipient under this section may continue	5728
to apply for scholarships under this section until the recipient	5729
has accumulated ninety-six eligibility units.	5730

(3) If a scholarship recipient withdraws from courses prior	5731
to the end of an academic term so that the recipient's enrollment	5732
for that academic term is less than three credit hours, no	5733
scholarship shall be paid on behalf of that person for that	5734
academic term. Except as provided in division (F)(3) of this	5735
section, if a scholarship has already been paid on behalf of the	5736
person for that academic term, the adjutant general shall add to	5737
that person's accumulated eligibility units the number of	5738
eligibility units for which the scholarship was paid.	5739

(F) This division applies to any eligible applicant called	5740
into active duty on or after September 11, 2001. As used in this	5741
division, "active duty" means active duty pursuant to an executive	5742
order of the president of the United States, an act of the	5743
congress of the United States, or section 5919.29 or 5923.21 of	5744
the Revised Code.	5745

(1) For a period of up to five years from when an	5746
individual's enlistment obligation in the Ohio national guard	5747
ends, an individual to whom this division applies is eligible for	5748
scholarships under this section for those academic terms that were	5749
missed or could have been missed as a result of the individual's	5750
call into active duty. Scholarships shall not be paid for the	5751
academic term in which an eligible applicant's enlistment	5752
obligation ends unless an applicant is eligible under this	5753
division for a scholarship for such academic term due to previous	5754
active duty.	5755

(2) When an individual to whom this division applies	5756
withdraws or otherwise fails to complete courses, for which	5757
scholarships have been awarded under this section, because the	5758
individual was called into active duty, the institution of higher	5759
education shall grant the individual a leave of absence from the	5760
individual's education program and shall not impose any academic	5761
penalty for such withdrawal or failure to complete courses.	5762
Division (F)(2) of this section applies regardless of whether or	5763
not the scholarship amount was paid to the institution of higher	5764
education.	5765

(3) If an individual to whom this division applies withdraws	5766
or otherwise fails to complete courses because the individual was	5767
called into active duty, and if scholarships for those courses	5768
have already been paid, either:	5769

(a) The adjutant general shall not add to that person's	5770
accumulated eligibility units calculated under division (E) of	5771
this section the number of eligibility units for the academic	5772
courses or term for which the scholarship was paid and the	5773
institution of higher education shall repay the scholarship amount	5774
to the state.	5775

(b) The adjutant general shall add to that individual's	5776
accumulated eligibility units calculated under division (E) of	5777
this section the number of eligibility units for the academic	5778
courses or term for which the scholarship was paid if the	5779
institution of higher education agrees to permit the individual to	5780
complete the remainder of the academic courses in which the	5781
individual was enrolled at the time the individual was called into	5782
active duty.	5783

(4) No individual who is discharged from the Ohio national	5784
guard under other than honorable conditions shall be eligible for	5785
scholarships under this division.	5786

(G) A scholarship recipient under this section who fails to	5787
complete the term of enlistment, re-enlistment, or extension of	5788
current enlistment the recipient was serving at the time a	5789
scholarship was paid on behalf of the recipient under this section	5790
is liable to the state for repayment of a percentage of all Ohio	5791
national guard scholarships paid on behalf of the recipient under	5792
this section, plus interest at the rate of ten per cent per annum	5793
calculated from the dates the scholarships were paid. This	5794
percentage shall equal the percentage of the current term of	5795
enlistment, re-enlistment, or extension of enlistment a recipient	5796
has not completed as of the date the recipient is discharged from	5797
the Ohio national guard.	5798

The attorney general may commence a civil action on behalf of	5799
the chancellor of the Ohio board of regents to recover the amount	5800
of the scholarships and the interest provided for in this division	5801
and the expenses incurred in prosecuting the action, including	5802
court costs and reasonable attorney's fees. A scholarship	5803
recipient is not liable under this division if the recipient's	5804
failure to complete the term of enlistment being served at the	5805
time a scholarship was paid on behalf of the recipient under this	5806
section is due to the recipient's death or discharge from the	5807
national guard due to disability.	5808

(H) On or before the first day of each academic term, the	5809
adjutant general shall provide an eligibility roster to the	5810
chancellor and to each institution of higher education at which	5811
one or more scholarship recipients have applied for enrollment.	5812
The institution shall use the roster to certify the actual	5813
full-time or part-time enrollment of each scholarship recipient	5814
listed as enrolled at the institution and return the roster to the	5815
adjutant general and the chancellor. Except as provided in	5816
division (J) of this section, the chancellor shall provide for	5817
payment of the appropriate number and amount of scholarships to	5818
each institution of higher education pursuant to division (D) of	5819
this section. If an institution of higher education fails to	5820
certify the actual enrollment of a scholarship recipient listed as	5821
enrolled at the institution within thirty days of the end of an	5822
academic term, the institution shall not be eligible to receive	5823
payment from the Ohio national guard scholarship program or from	5824
the individual enrollee. The adjutant general shall report on a	5825
~~semi-annual~~semiannual basis to the director of budget and	5826
management, the speaker of the house of representatives, the	5827
president of the senate, and the chancellor the number of Ohio	5828
national guard scholarship recipients, the size of the	5829
scholarship-eligible population, and a projection of the cost of	5830
the program for the remainder of the biennium.	5831

(I) The chancellor and the adjutant general may adopt rules	5832
pursuant to Chapter 119. of the Revised Code governing the	5833
administration and fiscal management of the Ohio national guard	5834
scholarship program and the procedure by which the chancellor and	5835
the department of the adjutant general may modify the amount of	5836
scholarships a member receives based on the amount of other state	5837
financial aid a member receives.	5838

(J) The adjutant general, the chancellor, and the director,	5839
or their designees, shall jointly estimate the costs of the Ohio	5840
national guard scholarship program for each upcoming fiscal	5841
biennium, and shall report that estimate prior to the beginning of	5842
the fiscal biennium to the chairpersons of the finance committees	5843
in the general assembly. During each fiscal year of the biennium,	5844
the adjutant general, the chancellor, and the director, or their	5845
designees, shall meet regularly to monitor the actual costs of the	5846
Ohio national guard scholarship program and update cost	5847
projections for the remainder of the biennium as necessary. If the	5848
amounts appropriated for the Ohio national guard scholarship	5849
program and any funds in the Ohio national guard scholarship	5850
reserve fund are not adequate to provide scholarships in the	5851
amounts specified in division (D)(1) of this section for all	5852
eligible applicants, the chancellor shall do all of the following:	5853

(1) Notify each private institution of higher education,	5854
where a scholarship recipient is enrolled, that, by accepting the	5855
Ohio national guard scholarship program as payment for all or part	5856
of the institution's tuition, the institution agrees that if the	5857
chancellor reduces the amount of each scholarship, the institution	5858
shall provide each scholarship recipient a grant or tuition waiver	5859
in an amount equal to the amount the recipient's scholarship was	5860
reduced by the chancellor.	5861

(2) Reduce the amount of each scholarship under division	5862
(D)(1)(a) of this section proportionally based on the amount of	5863
remaining available funds. Each state institution of higher	5864
education shall provide each scholarship recipient under division	5865
(D)(1)(a) of this section a grant or tuition waiver in an amount	5866
equal to the amount the recipient's scholarship was reduced by the	5867
chancellor.	5868

(K) Notwithstanding division (A) of section 127.14 of the	5869
Revised Code, the controlling board shall not transfer all or part	5870
of any appropriation for the Ohio national guard scholarship	5871
program.	5872

(L) The chancellor and the adjutant general may apply for,	5873
and may receive and accept grants, and may receive and accept	5874
gifts, bequests, and contributions, from public and private	5875
sources, including agencies and instrumentalities of the United	5876
States and this state, and shall deposit the grants, gifts,	5877
bequests, or contributions into the national guard scholarship	5878
reserve fund.	5879

Section 2. That existing sections 3301.079, 3301.0710,	5880
3301.0711, 3301.0714, 3302.01, 3302.02, 3302.021, 3302.03,	5881
3302.033, 3302.04, 3302.041, 3302.042, 3302.05, 3302.10, 3302.12,	5882
3302.20, 3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473,	5883
3313.608, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016,	5884
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.111,	5885
3319.112, 3319.58, 3326.03, 3333.041, 3333.048, 3333.391, 5910.01,	5886
5910.02, and 5919.34 of the Revised Code are hereby repealed.	5887

Section 3. The Ohio Accountability Task Force, as established	5888
under section 3302.021 of the Revised Code, as it existed prior to	5889
the effective date of this section, is hereby abolished and	5890
replaced by the Ohio Accountability Advisory Committee as	5891
established by section 3302.021 of the Revised Code as amended by	5892
this act. The initial members of the Ohio Accountability Advisory	5893
Committee shall be appointed not later than thirty days after the	5894
effective date of this section. Individuals serving as members of	5895
the Ohio Accountability Task Force at the time it is abolished may	5896
be appointed as members of the Ohio Accountability Advisory	5897
Committee.	5898

Section 4. Not later than August 31, 2013, the state board of	5899
education shall submit to the General Assembly under section	5900
101.68 of the Revised Code recommendations for a comprehensive	5901
statewide plan to intervene directly in and improve the	5902
performance of persistently poor performing schools and school	5903
districts. For purposes of fulfilling the requirements of this	5904
section, "persistently poor performing schools and school	5905
districts" means any of the following:	5906

(A) Priority schools and focus schools as defined by the	5907
Elementary and Secondary Education Act waiver issued by the United	5908
States Department of Education under the No Child Left Behind Act	5909
of 2001;	5910

(B) Schools and school districts that have been in school	5911
improvement status as defined by the United States Department of	5912
Education for four of the five most recent school years;	5913

(C) Schools and school districts whose performance index	5914
score places them in the bottom five per cent of schools statewide	5915
for three of the five most recent school years;	5916

(D) Schools and school districts that have a value-added	5917
progress dimension grade of "F" for three of the five most recent	5918
school years under section 3302.03 of the Revised Code, as amended	5919
by this act, or the equivalent measure.	5920

Section 5. Not later than December 31, 2013, the Department	5921
of Education shall review the additional information included on	5922
the school district and building report cards described in	5923
division (H) of section 3302.03 of the Revised Code, as amended by	5924
this act, and shall submit to the Governor and the General	5925
Assembly, in accordance with section 101.68 of the Revised Code,	5926
recommendations for revisions to make the report cards easier to	5927
read and understand.	5928

Section 6. The amendment of section 3314.016 of the Revised	5929
Code shall take effect January 1, 2015.	5930

Section 7. For purposes of preparing to implement the	5931
community school sponsor rating system prescribed by section	5932
3314.016 of the Revised Code, as amended by this act, not later	5933
than March 31, 2013, the Department of Education, in consultation	5934
with entities that sponsor community schools, shall prescribe	5935
quality practices for community school sponsors, develop an	5936
instrument to measure adherence to those quality practices, and	5937
publish the quality practices and instrument, so that they are	5938
available to entities that sponsor community schools prior to	5939
their implementation. The quality practices developed under this	5940
section shall be based on standards developed by the National	5941
Association of Charter School Authorizers or any other nationally	5942
organized community school organization.	5943

Section 8. That Section 267.10.90 of Am. Sub. H.B. 153 of the	5944
129th General Assembly, as amended by Am. Sub. S.B. 316 of the	5945
129th General Assembly, be amended to read as follows:	5946

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	5947
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	5948
Revised Code, the administration of the English language arts	5949
assessments for elementary grades as a replacement for the	5950
separate reading and writing assessments prescribed by sections	5951
3301.0710 and 3301.0711 of the Revised Code, as those sections	5952
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	5953
shall not be required until a date prescribed by rule of the State	5954
Board of Education. Until that date, the Department of Education	5955
and school districts and schools shall continue to administer	5956
separate reading assessments for elementary grades, as prescribed	5957
by the versions of sections 3301.0710 and 3301.0711 of the Revised	5958
Code that were in effect prior to the effective date of Section	5959
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	5960
intent for delaying implementation of the replacement English	5961
language arts assessment is to provide adequate time for the	5962
complete development of the new assessment.	5963

(B) ~~Notwithstanding anything to the contrary in section~~	5964
~~3301.0710 of the Revised Code, the State Board shall not prescribe~~	5965
~~the three ranges of scores for the assessments prescribed by~~	5966
~~division (A)(2) of section 3301.0710 of the Revised Code, as~~	5967
~~amended by Am. Sub. H.B. 1 of the 128th General Assembly, until~~	5968
~~the Board adopts the rule required by division (A) of this~~	5969
~~section. Until that date, the Board shall continue to prescribe~~	5970
~~the five ranges of scores required by the version of section~~	5971
~~3301.0710 of the Revised Code in effect prior to the effective~~	5972
~~date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General~~	5973
~~Assembly, and the range of scores designated by the State Board as~~	5974
~~a proficient level of skill remains the passing score on the Ohio~~	5975
~~Graduation Tests for purposes of sections 3313.61, 3313.611,~~	5976
~~3313.612, and 3325.08 of the Revised Code.~~	5977

~~(C)~~ Not later than December 31, 2013, the State Board shall	5978
submit to the General Assembly recommended changes to divisions	5979
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary	5980
to successfully implement the common core curriculum and	5981
assessments in the 2014-2015 school year.	5982

~~(D)~~(C) This section is not subject to expiration after June	5983
30, 2013, under Section 809.10 of this act.	5984

Section 9. That existing Section 267.10.90 of Am. Sub. H.B.	5985
153 of the 129th General Assembly, as amended by Am. Sub. S.B. 316	5986
of the 129th General Assembly, is hereby repealed.	5987

Section 10. The General Assembly, applying the principle	5988
stated in division (B) of section 1.52 of the Revised Code that	5989
amendments are to be harmonized if reasonably capable of	5990
simultaneous operation, finds that the following sections,	5991
presented in this act as composites of the sections as amended by	5992
the acts indicated, are the resulting versions of the sections in	5993
effect prior to the effective date of the sections as presented in	5994
this act:	5995

Section 3301.0714 of the Revised Code as amended by both Am.	5996
Sub. H.B. 386 and Am. Sub. S.B. 316 of the 129th General Assembly.	5997

Section 3302.03 of the Revised Code as amended by both Sub.	5998
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	5999

Section 3319.112 of the Revised Code as amended by both Sub.	6000
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	6001