As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 555


Representatives Stebelton, Butler 

Cosponsors: Representatives Slaby, Hackett, McGregor, Adams, J., Amstutz, Buchy, Wachtmann Speaker Batchelder 

Senators Eklund, Jones, Lehner, Niehaus, Sawyer, Wagoner 



A BILL
To amend sections 3301.079, 3301.0710, 3301.0711, 1
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021, 2
3302.03, 3302.033, 3302.04, 3302.041, 3302.05, 3
3302.10, 3302.12, 3302.20, 3302.21, 3310.03, 4
3310.06, 3311.741, 3311.80, 3313.473, 3313.608, 5
3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 6
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, 7
3317.081, 3319.11, 3319.111, 3319.112, 3319.58, 8
3326.03, 3333.041, 3333.048, 3333.391, 5910.01, 9
5910.02, and 5919.34; to enact sections 3302.034, 10
3310.16, 3314.017, 3314.351, 3314.361, and 5910.07 11
of the Revised Code; and to amend Section 12
267.10.90 of Am. Sub. H.B. 153 of the 129th 13
General Assembly, as subsequently amended, to 14
create a new academic performance rating system 15
for public schools; to require an alternative 16
rating system for community schools with dropout 17
prevention and recovery programs; to create a new 18
evaluation process for community school sponsors; 19
to abolish the Ohio Accountability Task Force to 20
make changes in the third grade reading guarantee; 21
to modify the procedure for approving the opening 22
of new Internet- or computer-based community 23
schools; to make changes in the War Orphans 24
Scholarship and Ohio National Guard Scholarship 25
programs; and to make other changes to education 26
laws.27


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

       Section 1.  That sections 3301.079, 3301.0710, 3301.0711, 28
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021, 3302.03, 29
3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12, 3302.20, 30
3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473, 3313.608, 31
3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.02, 32
3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11, 3319.111, 33
3319.112, 3319.58, 3326.03, 3333.041, 3333.048, 3333.391, 5910.01, 34
5910.02, and 5919.34 be amended and sections 3302.034, 3310.16, 35
3314.017, 3314.351, 3314.361, and 5910.07 of the Revised Code be 36
enacted to read as follows:37

       Sec. 3301.079.  (A)(1) The state board of education 38
periodically shall adopt statewide academic standards with 39
emphasis on coherence, focus, and rigor for each of grades 40
kindergarten through twelve in English language arts, mathematics, 41
science, and social studies.42

       (a) The standards shall specify the following:43

       (i) The core academic content and skills that students are 44
expected to know and be able to do at each grade level that will 45
allow each student to be prepared for postsecondary instruction 46
and the workplace for success in the twenty-first century;47

       (ii) The development of skill sets that promote information, 48
media, and technological literacy;49

       (iii) Interdisciplinary, project-based, real-world learning 50
opportunities.51

       (b) Not later than July 1, 2012, the state board shall 52
incorporate into the social studies standards for grades four to 53
twelve academic content regarding the original texts of the 54
Declaration of Independence, the Northwest Ordinance, the 55
Constitution of the United States and its amendments, with 56
emphasis on the Bill of Rights, and the Ohio Constitution, and 57
their original context. The state board shall revise the model 58
curricula and achievement assessments adopted under divisions (B) 59
and (C) of this section as necessary to reflect the additional 60
American history and American government content. The state board 61
shall make available a list of suggested grade-appropriate 62
supplemental readings that place the documents prescribed by this 63
division in their historical context, which teachers may use as a 64
resource to assist students in reading the documents within that 65
context.66

       (2) After completing the standards required by division 67
(A)(1) of this section, the state board shall adopt standards and 68
model curricula for instruction in technology, financial literacy 69
and entrepreneurship, fine arts, and foreign language for grades 70
kindergarten through twelve. The standards shall meet the same 71
requirements prescribed in division (A)(1)(a) of this section. 72

       (3) The state board shall adopt the most recent standards 73
developed by the national association for sport and physical 74
education for physical education in grades kindergarten through 75
twelve or shall adopt its own standards for physical education in 76
those grades and revise and update them periodically. 77

       The department of education shall employ a full-time physical 78
education coordinator to provide guidance and technical assistance 79
to districts, community schools, and STEM schools in implementing 80
the physical education standards adopted under this division. The 81
superintendent of public instruction shall determine that the 82
person employed as coordinator is qualified for the position, as 83
demonstrated by possessing an adequate combination of education, 84
license, and experience.85

       (4) When academic standards have been completed for any 86
subject area required by this section, the state board shall 87
inform all school districts, all community schools established 88
under Chapter 3314. of the Revised Code, all STEM schools 89
established under Chapter 3326. of the Revised Code, and all 90
nonpublic schools required to administer the assessments 91
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code 92
of the content of those standards.93

       (B)(1) The state board shall adopt a model curriculum for 94
instruction in each subject area for which updated academic 95
standards are required by division (A)(1) of this section and for 96
each of grades kindergarten through twelve that is sufficient to 97
meet the needs of students in every community. The model 98
curriculum shall be aligned with the standards, to ensure that the 99
academic content and skills specified for each grade level are 100
taught to students, and shall demonstrate vertical articulation 101
and emphasize coherence, focus, and rigor. When any model 102
curriculum has been completed, the state board shall inform all 103
school districts, community schools, and STEM schools of the 104
content of that model curriculum.105

       (2) Not later than June 30, 2013, the state board, in 106
consultation with any office housed in the governor's office that 107
deals with workforce development, shall adopt model curricula for 108
grades kindergarten through twelve that embed career connection 109
learning strategies into regular classroom instruction.110

       (3) All school districts, community schools, and STEM schools 111
may utilize the state standards and the model curriculum 112
established by the state board, together with other relevant 113
resources, examples, or models to ensure that students have the 114
opportunity to attain the academic standards. Upon request, the 115
department shall provide technical assistance to any district, 116
community school, or STEM school in implementing the model 117
curriculum.118

       Nothing in this section requires any school district to 119
utilize all or any part of a model curriculum developed under this 120
section.121

       (C) The state board shall develop achievement assessments 122
aligned with the academic standards and model curriculum for each 123
of the subject areas and grade levels required by divisions (A)(1) 124
and (B)(1) of section 3301.0710 of the Revised Code.125

       When any achievement assessment has been completed, the state 126
board shall inform all school districts, community schools, STEM 127
schools, and nonpublic schools required to administer the 128
assessment of its completion, and the department shall make the 129
achievement assessment available to the districts and schools. 130

       (D)(1) The state board shall adopt a diagnostic assessment 131
aligned with the academic standards and model curriculum for each 132
of grades kindergarten through two in English language arts133
reading, writing, and mathematics and for grade three in English 134
language artsreading and writing. The diagnostic assessment shall 135
be designed to measure student comprehension of academic content 136
and mastery of related skills for the relevant subject area and 137
grade level. Any diagnostic assessment shall not include 138
components to identify gifted students. Blank copies of diagnostic 139
assessments shall be public records.140

       (2) When each diagnostic assessment has been completed, the 141
state board shall inform all school districts of its completion 142
and the department shall make the diagnostic assessment available 143
to the districts at no cost to the district. School districts 144
shall administer the diagnostic assessment pursuant to section 145
3301.0715 of the Revised Code beginning the first school year 146
following the development of the assessment.147

       (E) The state board shall not adopt a diagnostic or 148
achievement assessment for any grade level or subject area other 149
than those specified in this section.150

       (F) Whenever the state board or the department consults with 151
persons for the purpose of drafting or reviewing any standards, 152
diagnostic assessments, achievement assessments, or model 153
curriculum required under this section, the state board or the 154
department shall first consult with parents of students in 155
kindergarten through twelfth grade and with active Ohio classroom 156
teachers, other school personnel, and administrators with 157
expertise in the appropriate subject area. Whenever practicable, 158
the state board and department shall consult with teachers 159
recognized as outstanding in their fields.160

       If the department contracts with more than one outside entity 161
for the development of the achievement assessments required by 162
this section, the department shall ensure the interchangeability 163
of those assessments.164

       (G) Whenever the state board adopts standards or model 165
curricula under this section, the department also shall provide 166
information on the use of blended or digital learning in the 167
delivery of the standards or curricula to students in accordance 168
with division (A)(4) of this section. 169

       (H) The fairness sensitivity review committee, established by 170
rule of the state board of education, shall not allow any question 171
on any achievement or diagnostic assessment developed under this 172
section or any proficiency test prescribed by former section 173
3301.0710 of the Revised Code, as it existed prior to September 174
11, 2001, to include, be written to promote, or inquire as to 175
individual moral or social values or beliefs. The decision of the 176
committee shall be final. This section does not create a private 177
cause of action.178

       (I) Not later than forty-five days prior to the adoption by 179
the state board of updated academic standards under division 180
(A)(1) of this section or updated model curricula under division 181
(B)(1) of this section, the superintendent of public instruction 182
shall present the academic standards or model curricula, as 183
applicable, to the respective committees of the house of 184
representatives and senate that consider education legislation.185

       (J) As used in this section:186

       (1) "Blended learning" means the delivery of instruction in a 187
combination of time in a supervised physical location away from 188
home and online delivery whereby the student has some element of 189
control over time, place, path, or pace of learning. 190

       (2) "Coherence" means a reflection of the structure of the 191
discipline being taught.192

       (3) "Digital learning" means learning facilitated by 193
technology that gives students some element of control over time, 194
place, path, or pace of learning.195

       (4) "Focus" means limiting the number of items included in a 196
curriculum to allow for deeper exploration of the subject matter. 197

       (5) "Rigor" means more challenging and demanding when 198
compared to international standards.199

       (6) "Vertical articulation" means key academic concepts and 200
skills associated with mastery in particular content areas should 201
be articulated and reinforced in a developmentally appropriate 202
manner at each grade level so that over time students acquire a 203
depth of knowledge and understanding in the core academic 204
disciplines.205

       Sec. 3301.0710.  The state board of education shall adopt 206
rules establishing a statewide program to assess student 207
achievement. The state board shall ensure that all assessments 208
administered under the program are aligned with the academic 209
standards and model curricula adopted by the state board and are 210
created with input from Ohio parents, Ohio classroom teachers, 211
Ohio school administrators, and other Ohio school personnel 212
pursuant to section 3301.079 of the Revised Code.213

       The assessment program shall be designed to ensure that 214
students who receive a high school diploma demonstrate at least 215
high school levels of achievement in English language arts, 216
mathematics, science, and social studies.217

       (A)(1) The state board shall prescribe all of the following:218

       (a) Two statewide achievement assessments, one each designed 219
to measure the level of English language arts and mathematics 220
skill expected at the end of third grade;221

       (b) TwoThree statewide achievement assessments, one each 222
designed to measure the level of English language arts and,223
mathematics, and social studies skill expected at the end of 224
fourth grade;225

       (c) FourThree statewide achievement assessments, one each 226
designed to measure the level of English language arts, 227
mathematics, and science, and social studies skill expected at the 228
end of fifth grade;229

       (d) TwoThree statewide achievement assessments, one each 230
designed to measure the level of English language arts and,231
mathematics, and social studies skill expected at the end of sixth 232
grade;233

       (e) Two statewide achievement assessments, one each designed 234
to measure the level of English language arts and mathematics 235
skill expected at the end of seventh grade;236

        (f) FourThree statewide achievement assessments, one each 237
designed to measure the level of English language arts, 238
mathematics, and science, and social studies skill expected at the 239
end of eighth grade.240

       (2) The state board shall determine and designate at least 241
threefive ranges of scores on each of the achievement assessments 242
described in divisions (A)(1) and (B)(1) of this section. Each 243
range of scores shall be deemed to demonstrate a level of 244
achievement so that any student attaining a score within such 245
range has achieved one of the following:246

       (a) An advanced level of skill;247

       (b) An accelerated level of skill;248

       (c) A proficient level of skill;249

       (c)(d) A basic level of skill;250

       (e) A limited level of skill.251

       (3) For the purpose of implementing division (A) of section 252
3313.608 of the Revised Code, the state board shall determine and 253
designate a level of achievement, not lower than the level 254
designated in division (A)(2)(c)(e) of this section, on the third 255
grade English language arts assessment for a student to be 256
promoted to the fourth grade. The state board shall review and 257
adjust upward the level of achievement designated under this 258
division each year the test is administered until the level is set 259
equal to the level designated in division (A)(2)(b)(c) of this 260
section.261

       (B)(1) The assessments prescribed under division (B)(1) of 262
this section shall collectively be known as the Ohio graduation 263
tests. The state board shall prescribe five statewide high school 264
achievement assessments, one each designed to measure the level of 265
reading, writing, mathematics, science, and social studies skill 266
expected at the end of tenth grade. The state board shall 267
designate a score in at least the range designated under division 268
(A)(2)(b)(c) of this section on each such assessment that shall be 269
deemed to be a passing score on the assessment as a condition 270
toward granting high school diplomas under sections 3313.61, 271
3313.611, 3313.612, and 3325.08 of the Revised Code until the 272
assessment system prescribed by section 3301.0712 of the Revised 273
Code is implemented in accordance with rules adopted by the state 274
board under division (D) of that section.275

       (2) The state board shall prescribe an assessment system in 276
accordance with section 3301.0712 of the Revised Code that shall 277
replace the Ohio graduation tests in the manner prescribed by 278
rules adopted by the state board under division (D) of that 279
section.280

       (3) The state board may enter into a reciprocal agreement 281
with the appropriate body or agency of any other state that has 282
similar statewide achievement assessment requirements for 283
receiving high school diplomas, under which any student who has 284
met an achievement assessment requirement of one state is 285
recognized as having met the similar requirement of the other 286
state for purposes of receiving a high school diploma. For 287
purposes of this section and sections 3301.0711 and 3313.61 of the 288
Revised Code, any student enrolled in any public high school in 289
this state who has met an achievement assessment requirement 290
specified in a reciprocal agreement entered into under this 291
division shall be deemed to have attained at least the applicable 292
score designated under this division on each assessment required 293
by division (B)(1) or (2) of this section that is specified in the 294
agreement.295

       (C) The superintendent of public instruction shall designate 296
dates and times for the administration of the assessments 297
prescribed by divisions (A) and (B) of this section.298

       In prescribing administration dates pursuant to this 299
division, the superintendent shall designate the dates in such a 300
way as to allow a reasonable length of time between the 301
administration of assessments prescribed under this section and 302
any administration of the national assessment of educational 303
progress given to students in the same grade level pursuant to 304
section 3301.27 of the Revised Code or federal law.305

       (D) The state board shall prescribe a practice version of 306
each Ohio graduation test described in division (B)(1) of this 307
section that is of comparable length to the actual test.308

       (E) Any committee established by the department of education 309
for the purpose of making recommendations to the state board 310
regarding the state board's designation of scores on the 311
assessments described by this section shall inform the state board 312
of the probable percentage of students who would score in each of 313
the ranges established under division (A)(2) of this section on 314
the assessments if the committee's recommendations are adopted by 315
the state board. To the extent possible, these percentages shall 316
be disaggregated by gender, major racial and ethnic groups, 317
limited English proficient students, economically disadvantaged 318
students, students with disabilities, and migrant students.319

       If the state board intends to make any change to the 320
committee's recommendations, the state board shall explain the 321
intended change to the Ohio accountability task force established 322
by section 3302.021 of the Revised Code. The task force shall 323
recommend whether the state board should proceed to adopt the 324
intended change. Nothing in this division shall require the state 325
board to designate assessment scores based upon the 326
recommendations of the task force.327

       Sec. 3301.0711.  (A) The department of education shall:328

       (1) Annually furnish to, grade, and score all assessments 329
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 330
the Revised Code to be administered by city, local, exempted 331
village, and joint vocational school districts, except that each 332
district shall score any assessment administered pursuant to 333
division (B)(10) of this section. Each assessment so furnished 334
shall include the data verification code of the student to whom 335
the assessment will be administered, as assigned pursuant to 336
division (D)(2) of section 3301.0714 of the Revised Code. In 337
furnishing the practice versions of Ohio graduation tests 338
prescribed by division (D) of section 3301.0710 of the Revised 339
Code, the department shall make the tests available on its web 340
site for reproduction by districts. In awarding contracts for 341
grading assessments, the department shall give preference to 342
Ohio-based entities employing Ohio residents.343

       (2) Adopt rules for the ethical use of assessments and 344
prescribing the manner in which the assessments prescribed by 345
section 3301.0710 of the Revised Code shall be administered to 346
students.347

       (B) Except as provided in divisions (C) and (J) of this 348
section, the board of education of each city, local, and exempted 349
village school district shall, in accordance with rules adopted 350
under division (A) of this section:351

       (1) Administer the English language arts assessments 352
prescribed under division (A)(1)(a) of section 3301.0710 of the 353
Revised Code twice annually to all students in the third grade who 354
have not attained the score designated for that assessment under 355
division (A)(2)(b)(c) of section 3301.0710 of the Revised Code.356

       (2) Administer the mathematics assessment prescribed under 357
division (A)(1)(a) of section 3301.0710 of the Revised Code at 358
least once annually to all students in the third grade.359

       (3) Administer the assessments prescribed under division 360
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 361
annually to all students in the fourth grade.362

       (4) Administer the assessments prescribed under division 363
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 364
annually to all students in the fifth grade.365

       (5) Administer the assessments prescribed under division 366
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 367
annually to all students in the sixth grade.368

       (6) Administer the assessments prescribed under division 369
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 370
annually to all students in the seventh grade.371

       (7) Administer the assessments prescribed under division 372
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 373
annually to all students in the eighth grade.374

       (8) Except as provided in division (B)(9) of this section, 375
administer any assessment prescribed under division (B)(1) of 376
section 3301.0710 of the Revised Code as follows:377

       (a) At least once annually to all tenth grade students and at 378
least twice annually to all students in eleventh or twelfth grade 379
who have not yet attained the score on that assessment designated 380
under that division;381

       (b) To any person who has successfully completed the 382
curriculum in any high school or the individualized education 383
program developed for the person by any high school pursuant to 384
section 3323.08 of the Revised Code but has not received a high 385
school diploma and who requests to take such assessment, at any 386
time such assessment is administered in the district.387

       (9) In lieu of the board of education of any city, local, or 388
exempted village school district in which the student is also 389
enrolled, the board of a joint vocational school district shall 390
administer any assessment prescribed under division (B)(1) of 391
section 3301.0710 of the Revised Code at least twice annually to 392
any student enrolled in the joint vocational school district who 393
has not yet attained the score on that assessment designated under 394
that division. A board of a joint vocational school district may 395
also administer such an assessment to any student described in 396
division (B)(8)(b) of this section.397

       (10) If the district has been declared to be under an 398
academic watch or in a state of academic emergency pursuant to 399
section 3302.03 of the Revised Code or has a three-year average 400
graduation rate of not more than seventy-five per cent, administer 401
each assessment prescribed by division (D) of section 3301.0710 of 402
the Revised Code in September to all ninth grade students, 403
beginning in the school year that starts July 1, 2005.404

       Except as provided in section 3313.614 of the Revised Code 405
for administration of an assessment to a person who has fulfilled 406
the curriculum requirement for a high school diploma but has not 407
passed one or more of the required assessments, the assessments 408
prescribed under division (B)(1) of section 3301.0710 of the 409
Revised Code and the practice assessments prescribed under 410
division (D) of that section and required to be administered under 411
divisions (B)(8), (9), and (10) of this section shall not be 412
administered after the assessment system prescribed by division 413
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised 414
Code is implemented under rule of the state board adopted under 415
division (D)(1) of section 3301.0712 of the Revised Code. 416

       (11) Administer the assessments prescribed by division (B)(2) 417
of section 3301.0710 and section 3301.0712 of the Revised Code in 418
accordance with the timeline and plan for implementation of those 419
assessments prescribed by rule of the state board adopted under 420
division (D)(1) of section 3301.0712 of the Revised Code.421

       (C)(1)(a) In the case of a student receiving special 422
education services under Chapter 3323. of the Revised Code, the 423
individualized education program developed for the student under 424
that chapter shall specify the manner in which the student will 425
participate in the assessments administered under this section. 426
The individualized education program may excuse the student from 427
taking any particular assessment required to be administered under 428
this section if it instead specifies an alternate assessment 429
method approved by the department of education as conforming to 430
requirements of federal law for receipt of federal funds for 431
disadvantaged pupils. To the extent possible, the individualized 432
education program shall not excuse the student from taking an 433
assessment unless no reasonable accommodation can be made to 434
enable the student to take the assessment.435

       (b) Any alternate assessment approved by the department for a 436
student under this division shall produce measurable results 437
comparable to those produced by the assessment it replaces in 438
order to allow for the student's results to be included in the 439
data compiled for a school district or building under section 440
3302.03 of the Revised Code.441

       (c) Any student enrolled in a chartered nonpublic school who 442
has been identified, based on an evaluation conducted in 443
accordance with section 3323.03 of the Revised Code or section 504 444
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 445
794, as amended, as a child with a disability shall be excused 446
from taking any particular assessment required to be administered 447
under this section if a plan developed for the student pursuant to 448
rules adopted by the state board excuses the student from taking 449
that assessment. In the case of any student so excused from taking 450
an assessment, the chartered nonpublic school shall not prohibit 451
the student from taking the assessment.452

       (2) A district board may, for medical reasons or other good 453
cause, excuse a student from taking an assessment administered 454
under this section on the date scheduled, but that assessment 455
shall be administered to the excused student not later than nine 456
days following the scheduled date. The district board shall 457
annually report the number of students who have not taken one or 458
more of the assessments required by this section to the state 459
board of education not later than the thirtieth day of June.460

       (3) As used in this division, "limited English proficient 461
student" has the same meaning as in 20 U.S.C. 7801.462

       No school district board shall excuse any limited English 463
proficient student from taking any particular assessment required 464
to be administered under this section, except that any limited 465
English proficient student who has been enrolled in United States 466
schools for less than one full school year shall not be required 467
to take any reading, writing, or English language arts assessment. 468
However, no board shall prohibit a limited English proficient 469
student who is not required to take an assessment under this 470
division from taking the assessment. A board may permit any 471
limited English proficient student to take an assessment required 472
to be administered under this section with appropriate 473
accommodations, as determined by the department. For each limited 474
English proficient student, each school district shall annually 475
assess that student's progress in learning English, in accordance 476
with procedures approved by the department.477

       The governing authority of a chartered nonpublic school may 478
excuse a limited English proficient student from taking any 479
assessment administered under this section. However, no governing 480
authority shall prohibit a limited English proficient student from 481
taking the assessment.482

       (D)(1) In the school year next succeeding the school year in 483
which the assessments prescribed by division (A)(1) or (B)(1) of 484
section 3301.0710 of the Revised Code or former division (A)(1), 485
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 486
existed prior to September 11, 2001, are administered to any 487
student, the board of education of any school district in which 488
the student is enrolled in that year shall provide to the student 489
intervention services commensurate with the student's performance, 490
including any intensive intervention required under section 491
3313.608 of the Revised Code, in any skill in which the student 492
failed to demonstrate at least a score at the proficient level on 493
the assessment.494

       (2) Following any administration of the assessments 495
prescribed by division (D) of section 3301.0710 of the Revised 496
Code to ninth grade students, each school district that has a 497
three-year average graduation rate of not more than seventy-five 498
per cent shall determine for each high school in the district 499
whether the school shall be required to provide intervention 500
services to any students who took the assessments. In determining 501
which high schools shall provide intervention services based on 502
the resources available, the district shall consider each school's 503
graduation rate and scores on the practice assessments. The 504
district also shall consider the scores received by ninth grade 505
students on the English language arts and mathematics assessments 506
prescribed under division (A)(1)(f) of section 3301.0710 of the 507
Revised Code in the eighth grade in determining which high schools 508
shall provide intervention services.509

       Each high school selected to provide intervention services 510
under this division shall provide intervention services to any 511
student whose results indicate that the student is failing to make 512
satisfactory progress toward being able to attain scores at the 513
proficient level on the Ohio graduation tests. Intervention 514
services shall be provided in any skill in which a student 515
demonstrates unsatisfactory progress and shall be commensurate 516
with the student's performance. Schools shall provide the 517
intervention services prior to the end of the school year, during 518
the summer following the ninth grade, in the next succeeding 519
school year, or at any combination of those times.520

       (E) Except as provided in section 3313.608 of the Revised 521
Code and division (M) of this section, no school district board of 522
education shall utilize any student's failure to attain a 523
specified score on an assessment administered under this section 524
as a factor in any decision to deny the student promotion to a 525
higher grade level. However, a district board may choose not to 526
promote to the next grade level any student who does not take an 527
assessment administered under this section or make up an 528
assessment as provided by division (C)(2) of this section and who 529
is not exempt from the requirement to take the assessment under 530
division (C)(3) of this section.531

       (F) No person shall be charged a fee for taking any 532
assessment administered under this section.533

       (G)(1) Each school district board shall designate one 534
location for the collection of assessments administered in the 535
spring under division (B)(1) of this section and those 536
administered under divisions (B)(2) to (7) of this section. Each 537
district board shall submit the assessments to the entity with 538
which the department contracts for the scoring of the assessments 539
as follows:540

        (a) If the district's total enrollment in grades kindergarten 541
through twelve during the first full school week of October was 542
less than two thousand five hundred, not later than the Friday 543
after all of the assessments have been administered;544

       (b) If the district's total enrollment in grades kindergarten 545
through twelve during the first full school week of October was 546
two thousand five hundred or more, but less than seven thousand, 547
not later than the Monday after all of the assessments have been 548
administered;549

        (c) If the district's total enrollment in grades kindergarten 550
through twelve during the first full school week of October was 551
seven thousand or more, not later than the Tuesday after all of 552
the assessments have been administered.553

        However, any assessment that a student takes during the 554
make-up period described in division (C)(2) of this section shall 555
be submitted not later than the Friday following the day the 556
student takes the assessment.557

        (2) The department or an entity with which the department 558
contracts for the scoring of the assessment shall send to each 559
school district board a list of the individual scores of all 560
persons taking an assessment prescribed by division (A)(1) or 561
(B)(1) of section 3301.0710 of the Revised Code within sixty days 562
after its administration, but in no case shall the scores be 563
returned later than the fifteenth day of June following the 564
administration. For assessments administered under this section by 565
a joint vocational school district, the department or entity shall 566
also send to each city, local, or exempted village school district 567
a list of the individual scores of any students of such city, 568
local, or exempted village school district who are attending 569
school in the joint vocational school district.570

       (H) Individual scores on any assessments administered under 571
this section shall be released by a district board only in 572
accordance with section 3319.321 of the Revised Code and the rules 573
adopted under division (A) of this section. No district board or 574
its employees shall utilize individual or aggregate results in any 575
manner that conflicts with rules for the ethical use of 576
assessments adopted pursuant to division (A) of this section.577

       (I) Except as provided in division (G) of this section, the 578
department or an entity with which the department contracts for 579
the scoring of the assessment shall not release any individual 580
scores on any assessment administered under this section. The 581
state board of education shall adopt rules to ensure the 582
protection of student confidentiality at all times. The rules may 583
require the use of the data verification codes assigned to 584
students pursuant to division (D)(2) of section 3301.0714 of the 585
Revised Code to protect the confidentiality of student scores.586

       (J) Notwithstanding division (D) of section 3311.52 of the 587
Revised Code, this section does not apply to the board of 588
education of any cooperative education school district except as 589
provided under rules adopted pursuant to this division.590

       (1) In accordance with rules that the state board of 591
education shall adopt, the board of education of any city, 592
exempted village, or local school district with territory in a 593
cooperative education school district established pursuant to 594
divisions (A) to (C) of section 3311.52 of the Revised Code may 595
enter into an agreement with the board of education of the 596
cooperative education school district for administering any 597
assessment prescribed under this section to students of the city, 598
exempted village, or local school district who are attending 599
school in the cooperative education school district.600

       (2) In accordance with rules that the state board of 601
education shall adopt, the board of education of any city, 602
exempted village, or local school district with territory in a 603
cooperative education school district established pursuant to 604
section 3311.521 of the Revised Code shall enter into an agreement 605
with the cooperative district that provides for the administration 606
of any assessment prescribed under this section to both of the 607
following:608

       (a) Students who are attending school in the cooperative 609
district and who, if the cooperative district were not 610
established, would be entitled to attend school in the city, 611
local, or exempted village school district pursuant to section 612
3313.64 or 3313.65 of the Revised Code;613

       (b) Persons described in division (B)(8)(b) of this section.614

       Any assessment of students pursuant to such an agreement 615
shall be in lieu of any assessment of such students or persons 616
pursuant to this section.617

       (K)(1) As a condition of compliance with section 3313.612 of 618
the Revised Code, each chartered nonpublic school that educates 619
students in grades nine through twelve shall administer the 620
assessments prescribed by divisions (B)(1) and (2) of section 621
3301.0710 of the Revised Code. Any chartered nonpublic school may 622
participate in the assessment program by administering any of the 623
assessments prescribed by division (A) of section 3301.0710 of the 624
Revised Code. The chief administrator of the school shall specify 625
which assessments the school will administer. Such specification 626
shall be made in writing to the superintendent of public 627
instruction prior to the first day of August of any school year in 628
which assessments are administered and shall include a pledge that 629
the nonpublic school will administer the specified assessments in 630
the same manner as public schools are required to do under this 631
section and rules adopted by the department.632

       (2) The department of education shall furnish the assessments 633
prescribed by section 3301.0710 or 3301.0712 of the Revised Code 634
to each chartered nonpublic school that participates under this 635
division.636

       (L)(1) The superintendent of the state school for the blind 637
and the superintendent of the state school for the deaf shall 638
administer the assessments described by sections 3301.0710 and 639
3301.0712 of the Revised Code. Each superintendent shall 640
administer the assessments in the same manner as district boards 641
are required to do under this section and rules adopted by the 642
department of education and in conformity with division (C)(1)(a) 643
of this section.644

       (2) The department of education shall furnish the assessments 645
described by sections 3301.0710 and 3301.0712 of the Revised Code 646
to each superintendent.647

       (M) Notwithstanding division (E) of this section, a school 648
district may use a student's failure to attain a score in at least 649
the proficient range on the mathematics assessment described by 650
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 651
an assessment described by division (A)(1)(b), (c), (d), (e), or 652
(f) of section 3301.0710 of the Revised Code as a factor in 653
retaining that student in the current grade level.654

       (N)(1) In the manner specified in divisions (N)(3) and (4) of 655
this section, the assessments required by division (A)(1) of 656
section 3301.0710 of the Revised Code shall become public records 657
pursuant to section 149.43 of the Revised Code on the first day of 658
July following the school year that the assessments were 659
administered.660

       (2) The department may field test proposed questions with 661
samples of students to determine the validity, reliability, or 662
appropriateness of questions for possible inclusion in a future 663
year's assessment. The department also may use anchor questions on 664
assessments to ensure that different versions of the same 665
assessment are of comparable difficulty.666

       Field test questions and anchor questions shall not be 667
considered in computing scores for individual students. Field test 668
questions and anchor questions may be included as part of the 669
administration of any assessment required by division (A)(1) or 670
(B)(1) of section 3301.0710 of the Revised Code.671

       (3) Any field test question or anchor question administered 672
under division (N)(2) of this section shall not be a public 673
record. Such field test questions and anchor questions shall be 674
redacted from any assessments which are released as a public 675
record pursuant to division (N)(1) of this section.676

       (4) This division applies to the assessments prescribed by 677
division (A) of section 3301.0710 of the Revised Code.678

       (a) The first administration of each assessment, as specified 679
in former section 3301.0712 of the Revised Code, shall be a public 680
record.681

       (b) For subsequent administrations of each assessment prior 682
to the 2011-2012 school year, not less than forty per cent of the 683
questions on the assessment that are used to compute a student's 684
score shall be a public record. The department shall determine 685
which questions will be needed for reuse on a future assessment 686
and those questions shall not be public records and shall be 687
redacted from the assessment prior to its release as a public 688
record. However, for each redacted question, the department shall 689
inform each city, local, and exempted village school district of 690
the statewide academic standard adopted by the state board of 691
education under section 3301.079 of the Revised Code and the 692
corresponding benchmark to which the question relates. The 693
preceding sentence does not apply to field test questions that are 694
redacted under division (N)(3) of this section.695

       (c) The administrations of each assessment in the 2011-2012 696
school year and later shall not be a public record.697

       (5) Each assessment prescribed by division (B)(1) of section 698
3301.0710 of the Revised Code shall not be a public record.699

       (O) As used in this section:700

        (1) "Three-year average" means the average of the most recent 701
consecutive three school years of data.702

        (2) "Dropout" means a student who withdraws from school 703
before completing course requirements for graduation and who is 704
not enrolled in an education program approved by the state board 705
of education or an education program outside the state. "Dropout" 706
does not include a student who has departed the country.707

        (3) "Graduation rate" means the ratio of students receiving a 708
diploma to the number of students who entered ninth grade four 709
years earlier. Students who transfer into the district are added 710
to the calculation. Students who transfer out of the district for 711
reasons other than dropout are subtracted from the calculation. If 712
a student who was a dropout in any previous year returns to the 713
same school district, that student shall be entered into the 714
calculation as if the student had entered ninth grade four years 715
before the graduation year of the graduating class that the 716
student joins.717

       Sec. 3301.0714.  (A) The state board of education shall adopt 718
rules for a statewide education management information system. The 719
rules shall require the state board to establish guidelines for 720
the establishment and maintenance of the system in accordance with 721
this section and the rules adopted under this section. The 722
guidelines shall include:723

       (1) Standards identifying and defining the types of data in 724
the system in accordance with divisions (B) and (C) of this 725
section;726

       (2) Procedures for annually collecting and reporting the data 727
to the state board in accordance with division (D) of this 728
section;729

       (3) Procedures for annually compiling the data in accordance 730
with division (G) of this section;731

       (4) Procedures for annually reporting the data to the public 732
in accordance with division (H) of this section.733

       (B) The guidelines adopted under this section shall require 734
the data maintained in the education management information system 735
to include at least the following:736

       (1) Student participation and performance data, for each 737
grade in each school district as a whole and for each grade in 738
each school building in each school district, that includes:739

       (a) The numbers of students receiving each category of 740
instructional service offered by the school district, such as 741
regular education instruction, vocational education instruction, 742
specialized instruction programs or enrichment instruction that is 743
part of the educational curriculum, instruction for gifted 744
students, instruction for students with disabilities, and remedial 745
instruction. The guidelines shall require instructional services 746
under this division to be divided into discrete categories if an 747
instructional service is limited to a specific subject, a specific 748
type of student, or both, such as regular instructional services 749
in mathematics, remedial reading instructional services, 750
instructional services specifically for students gifted in 751
mathematics or some other subject area, or instructional services 752
for students with a specific type of disability. The categories of 753
instructional services required by the guidelines under this 754
division shall be the same as the categories of instructional 755
services used in determining cost units pursuant to division 756
(C)(3) of this section.757

       (b) The numbers of students receiving support or 758
extracurricular services for each of the support services or 759
extracurricular programs offered by the school district, such as 760
counseling services, health services, and extracurricular sports 761
and fine arts programs. The categories of services required by the 762
guidelines under this division shall be the same as the categories 763
of services used in determining cost units pursuant to division 764
(C)(4)(a) of this section.765

       (c) Average student grades in each subject in grades nine 766
through twelve;767

       (d) Academic achievement levels as assessed under sections 768
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;769

       (e) The number of students designated as having a disabling 770
condition pursuant to division (C)(1) of section 3301.0711 of the 771
Revised Code;772

       (f) The numbers of students reported to the state board 773
pursuant to division (C)(2) of section 3301.0711 of the Revised 774
Code;775

       (g) Attendance rates and the average daily attendance for the 776
year. For purposes of this division, a student shall be counted as 777
present for any field trip that is approved by the school 778
administration.779

       (h) Expulsion rates;780

       (i) Suspension rates;781

       (j) Dropout rates;782

       (k) Rates of retention in grade;783

       (l) For pupils in grades nine through twelve, the average 784
number of carnegie units, as calculated in accordance with state 785
board of education rules;786

       (m) Graduation rates, to be calculated in a manner specified 787
by the department of education that reflects the rate at which 788
students who were in the ninth grade three years prior to the 789
current year complete school and that is consistent with 790
nationally accepted reporting requirements;791

       (n) Results of diagnostic assessments administered to 792
kindergarten students as required under section 3301.0715 of the 793
Revised Code to permit a comparison of the academic readiness of 794
kindergarten students. However, no district shall be required to 795
report to the department the results of any diagnostic assessment 796
administered to a kindergarten student if the parent of that 797
student requests the district not to report those results.798

       (2) Personnel and classroom enrollment data for each school 799
district, including:800

       (a) The total numbers of licensed employees and nonlicensed 801
employees and the numbers of full-time equivalent licensed 802
employees and nonlicensed employees providing each category of 803
instructional service, instructional support service, and 804
administrative support service used pursuant to division (C)(3) of 805
this section. The guidelines adopted under this section shall 806
require these categories of data to be maintained for the school 807
district as a whole and, wherever applicable, for each grade in 808
the school district as a whole, for each school building as a 809
whole, and for each grade in each school building.810

       (b) The total number of employees and the number of full-time 811
equivalent employees providing each category of service used 812
pursuant to divisions (C)(4)(a) and (b) of this section, and the 813
total numbers of licensed employees and nonlicensed employees and 814
the numbers of full-time equivalent licensed employees and 815
nonlicensed employees providing each category used pursuant to 816
division (C)(4)(c) of this section. The guidelines adopted under 817
this section shall require these categories of data to be 818
maintained for the school district as a whole and, wherever 819
applicable, for each grade in the school district as a whole, for 820
each school building as a whole, and for each grade in each school 821
building.822

       (c) The total number of regular classroom teachers teaching 823
classes of regular education and the average number of pupils 824
enrolled in each such class, in each of grades kindergarten 825
through five in the district as a whole and in each school 826
building in the school district.827

       (d) The number of lead teachers employed by each school 828
district and each school building.829

       (3)(a) Student demographic data for each school district, 830
including information regarding the gender ratio of the school 831
district's pupils, the racial make-up of the school district's 832
pupils, the number of limited English proficient students in the 833
district, and an appropriate measure of the number of the school 834
district's pupils who reside in economically disadvantaged 835
households. The demographic data shall be collected in a manner to 836
allow correlation with data collected under division (B)(1) of 837
this section. Categories for data collected pursuant to division 838
(B)(3) of this section shall conform, where appropriate, to 839
standard practices of agencies of the federal government.840

       (b) With respect to each student entering kindergarten, 841
whether the student previously participated in a public preschool 842
program, a private preschool program, or a head start program, and 843
the number of years the student participated in each of these 844
programs.845

       (4) Any data required to be collected pursuant to federal 846
law.847

       (C) The education management information system shall include 848
cost accounting data for each district as a whole and for each 849
school building in each school district. The guidelines adopted 850
under this section shall require the cost data for each school 851
district to be maintained in a system of mutually exclusive cost 852
units and shall require all of the costs of each school district 853
to be divided among the cost units. The guidelines shall require 854
the system of mutually exclusive cost units to include at least 855
the following:856

       (1) Administrative costs for the school district as a whole. 857
The guidelines shall require the cost units under this division 858
(C)(1) to be designed so that each of them may be compiled and 859
reported in terms of average expenditure per pupil in formula ADM 860
in the school district, as determined pursuant to section 3317.03 861
of the Revised Code.862

       (2) Administrative costs for each school building in the 863
school district. The guidelines shall require the cost units under 864
this division (C)(2) to be designed so that each of them may be 865
compiled and reported in terms of average expenditure per 866
full-time equivalent pupil receiving instructional or support 867
services in each building.868

       (3) Instructional services costs for each category of 869
instructional service provided directly to students and required 870
by guidelines adopted pursuant to division (B)(1)(a) of this 871
section. The guidelines shall require the cost units under 872
division (C)(3) of this section to be designed so that each of 873
them may be compiled and reported in terms of average expenditure 874
per pupil receiving the service in the school district as a whole 875
and average expenditure per pupil receiving the service in each 876
building in the school district and in terms of a total cost for 877
each category of service and, as a breakdown of the total cost, a 878
cost for each of the following components:879

       (a) The cost of each instructional services category required 880
by guidelines adopted under division (B)(1)(a) of this section 881
that is provided directly to students by a classroom teacher;882

       (b) The cost of the instructional support services, such as 883
services provided by a speech-language pathologist, classroom 884
aide, multimedia aide, or librarian, provided directly to students 885
in conjunction with each instructional services category;886

       (c) The cost of the administrative support services related 887
to each instructional services category, such as the cost of 888
personnel that develop the curriculum for the instructional 889
services category and the cost of personnel supervising or 890
coordinating the delivery of the instructional services category.891

       (4) Support or extracurricular services costs for each 892
category of service directly provided to students and required by 893
guidelines adopted pursuant to division (B)(1)(b) of this section. 894
The guidelines shall require the cost units under division (C)(4) 895
of this section to be designed so that each of them may be 896
compiled and reported in terms of average expenditure per pupil 897
receiving the service in the school district as a whole and 898
average expenditure per pupil receiving the service in each 899
building in the school district and in terms of a total cost for 900
each category of service and, as a breakdown of the total cost, a 901
cost for each of the following components:902

       (a) The cost of each support or extracurricular services 903
category required by guidelines adopted under division (B)(1)(b) 904
of this section that is provided directly to students by a 905
licensed employee, such as services provided by a guidance 906
counselor or any services provided by a licensed employee under a 907
supplemental contract;908

       (b) The cost of each such services category provided directly 909
to students by a nonlicensed employee, such as janitorial 910
services, cafeteria services, or services of a sports trainer;911

       (c) The cost of the administrative services related to each 912
services category in division (C)(4)(a) or (b) of this section, 913
such as the cost of any licensed or nonlicensed employees that 914
develop, supervise, coordinate, or otherwise are involved in 915
administering or aiding the delivery of each services category.916

       (D)(1) The guidelines adopted under this section shall 917
require school districts to collect information about individual 918
students, staff members, or both in connection with any data 919
required by division (B) or (C) of this section or other reporting 920
requirements established in the Revised Code. The guidelines may 921
also require school districts to report information about 922
individual staff members in connection with any data required by 923
division (B) or (C) of this section or other reporting 924
requirements established in the Revised Code. The guidelines shall 925
not authorize school districts to request social security numbers 926
of individual students. The guidelines shall prohibit the 927
reporting under this section of a student's name, address, and 928
social security number to the state board of education or the 929
department of education. The guidelines shall also prohibit the 930
reporting under this section of any personally identifiable 931
information about any student, except for the purpose of assigning 932
the data verification code required by division (D)(2) of this 933
section, to any other person unless such person is employed by the 934
school district or the information technology center operated 935
under section 3301.075 of the Revised Code and is authorized by 936
the district or technology center to have access to such 937
information or is employed by an entity with which the department 938
contracts for the scoring or the development of state assessments 939
administered under section 3301.0711 of the Revised Code. The 940
guidelines may require school districts to provide the social 941
security numbers of individual staff members and the county of 942
residence for a student. Nothing in this section prohibits the 943
state board of education or department of education from providing 944
a student's county of residence to the department of taxation to 945
facilitate the distribution of tax revenue.946

       (2)(a) The guidelines shall provide for each school district 947
or community school to assign a data verification code that is 948
unique on a statewide basis over time to each student whose 949
initial Ohio enrollment is in that district or school and to 950
report all required individual student data for that student 951
utilizing such code. The guidelines shall also provide for 952
assigning data verification codes to all students enrolled in 953
districts or community schools on the effective date of the 954
guidelines established under this section. The assignment of data 955
verification codes for other entities, as described in division 956
(D)(2)(c) of this section, the use of those codes, and the 957
reporting and use of associated individual student data shall be 958
coordinated by the department in accordance with state and federal 959
law.960

        School districts shall report individual student data to the 961
department through the information technology centers utilizing 962
the code. The entities described in division (D)(2)(c) of this 963
section shall report individual student data to the department in 964
the manner prescribed by the department.965

        Except as provided in sections 3301.941, 3310.11, 3310.42, 966
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 967
shall the state board or the department have access to information 968
that would enable any data verification code to be matched to 969
personally identifiable student data.970

       (b) Each school district and community school shall ensure 971
that the data verification code is included in the student's 972
records reported to any subsequent school district, community 973
school, or state institution of higher education, as defined in 974
section 3345.011 of the Revised Code, in which the student 975
enrolls. Any such subsequent district or school shall utilize the 976
same identifier in its reporting of data under this section.977

       (c) The director of any state agency that administers a 978
publicly funded program providing services to children who are 979
younger than compulsory school age, as defined in section 3321.01 980
of the Revised Code, including the directors of health, job and 981
family services, mental health, and developmental disabilities, 982
shall request and receive, pursuant to sections 3301.0723 and 983
3701.62 of the Revised Code, a data verification code for a child 984
who is receiving those services. 985

       (E) The guidelines adopted under this section may require 986
school districts to collect and report data, information, or 987
reports other than that described in divisions (A), (B), and (C) 988
of this section for the purpose of complying with other reporting 989
requirements established in the Revised Code. The other data, 990
information, or reports may be maintained in the education 991
management information system but are not required to be compiled 992
as part of the profile formats required under division (G) of this 993
section or the annual statewide report required under division (H) 994
of this section.995

       (F) Beginning with the school year that begins July 1, 1991, 996
the board of education of each school district shall annually 997
collect and report to the state board, in accordance with the 998
guidelines established by the board, the data required pursuant to 999
this section. A school district may collect and report these data 1000
notwithstanding section 2151.357 or 3319.321 of the Revised Code.1001

       (G) The state board shall, in accordance with the procedures 1002
it adopts, annually compile the data reported by each school 1003
district pursuant to division (D) of this section. The state board 1004
shall design formats for profiling each school district as a whole 1005
and each school building within each district and shall compile 1006
the data in accordance with these formats. These profile formats 1007
shall:1008

       (1) Include all of the data gathered under this section in a 1009
manner that facilitates comparison among school districts and 1010
among school buildings within each school district;1011

       (2) Present the data on academic achievement levels as 1012
assessed by the testing of student achievement maintained pursuant 1013
to division (B)(1)(d) of this section.1014

       (H)(1) The state board shall, in accordance with the 1015
procedures it adopts, annually prepare a statewide report for all 1016
school districts and the general public that includes the profile 1017
of each of the school districts developed pursuant to division (G) 1018
of this section. Copies of the report shall be sent to each school 1019
district.1020

       (2) The state board shall, in accordance with the procedures 1021
it adopts, annually prepare an individual report for each school 1022
district and the general public that includes the profiles of each 1023
of the school buildings in that school district developed pursuant 1024
to division (G) of this section. Copies of the report shall be 1025
sent to the superintendent of the district and to each member of 1026
the district board of education.1027

       (3) Copies of the reports received from the state board under 1028
divisions (H)(1) and (2) of this section shall be made available 1029
to the general public at each school district's offices. Each 1030
district board of education shall make copies of each report 1031
available to any person upon request and payment of a reasonable 1032
fee for the cost of reproducing the report. The board shall 1033
annually publish in a newspaper of general circulation in the 1034
school district, at least twice during the two weeks prior to the 1035
week in which the reports will first be available, a notice 1036
containing the address where the reports are available and the 1037
date on which the reports will be available.1038

       (I) Any data that is collected or maintained pursuant to this 1039
section and that identifies an individual pupil is not a public 1040
record for the purposes of section 149.43 of the Revised Code.1041

       (J) As used in this section:1042

       (1) "School district" means any city, local, exempted 1043
village, or joint vocational school district and, in accordance 1044
with section 3314.17 of the Revised Code, any community school. As 1045
used in division (L) of this section, "school district" also 1046
includes any educational service center or other educational 1047
entity required to submit data using the system established under 1048
this section.1049

       (2) "Cost" means any expenditure for operating expenses made 1050
by a school district excluding any expenditures for debt 1051
retirement except for payments made to any commercial lending 1052
institution for any loan approved pursuant to section 3313.483 of 1053
the Revised Code.1054

       (K) Any person who removes data from the information system 1055
established under this section for the purpose of releasing it to 1056
any person not entitled under law to have access to such 1057
information is subject to section 2913.42 of the Revised Code 1058
prohibiting tampering with data.1059

       (L)(1) In accordance with division (L)(2) of this section and 1060
the rules adopted under division (L)(10) of this section, the 1061
department of education may sanction any school district that 1062
reports incomplete or inaccurate data, reports data that does not 1063
conform to data requirements and descriptions published by the 1064
department, fails to report data in a timely manner, or otherwise 1065
does not make a good faith effort to report data as required by 1066
this section.1067

       (2) If the department decides to sanction a school district 1068
under this division, the department shall take the following 1069
sequential actions:1070

       (a) Notify the district in writing that the department has 1071
determined that data has not been reported as required under this 1072
section and require the district to review its data submission and 1073
submit corrected data by a deadline established by the department. 1074
The department also may require the district to develop a 1075
corrective action plan, which shall include provisions for the 1076
district to provide mandatory staff training on data reporting 1077
procedures.1078

       (b) Withhold up to ten per cent of the total amount of state 1079
funds due to the district for the current fiscal year and, if not 1080
previously required under division (L)(2)(a) of this section, 1081
require the district to develop a corrective action plan in 1082
accordance with that division;1083

       (c) Withhold an additional amount of up to twenty per cent of 1084
the total amount of state funds due to the district for the 1085
current fiscal year;1086

       (d) Direct department staff or an outside entity to 1087
investigate the district's data reporting practices and make 1088
recommendations for subsequent actions. The recommendations may 1089
include one or more of the following actions:1090

       (i) Arrange for an audit of the district's data reporting 1091
practices by department staff or an outside entity;1092

       (ii) Conduct a site visit and evaluation of the district;1093

       (iii) Withhold an additional amount of up to thirty per cent 1094
of the total amount of state funds due to the district for the 1095
current fiscal year;1096

       (iv) Continue monitoring the district's data reporting;1097

       (v) Assign department staff to supervise the district's data 1098
management system;1099

       (vi) Conduct an investigation to determine whether to suspend 1100
or revoke the license of any district employee in accordance with 1101
division (N) of this section;1102

       (vii) If the district is issued a report card under section 1103
3302.03 of the Revised Code, indicate on the report card that the 1104
district has been sanctioned for failing to report data as 1105
required by this section;1106

       (viii) If the district is issued a report card under section 1107
3302.03 of the Revised Code and incomplete or inaccurate data 1108
submitted by the district likely caused the district to receive a 1109
higher performance rating than it deserved under that section, 1110
issue a revised report card for the district;1111

       (ix) Any other action designed to correct the district's data 1112
reporting problems.1113

       (3) Any time the department takes an action against a school 1114
district under division (L)(2) of this section, the department 1115
shall make a report of the circumstances that prompted the action. 1116
The department shall send a copy of the report to the district 1117
superintendent or chief administrator and maintain a copy of the 1118
report in its files.1119

       (4) If any action taken under division (L)(2) of this section 1120
resolves a school district's data reporting problems to the 1121
department's satisfaction, the department shall not take any 1122
further actions described by that division. If the department 1123
withheld funds from the district under that division, the 1124
department may release those funds to the district, except that if 1125
the department withheld funding under division (L)(2)(c) of this 1126
section, the department shall not release the funds withheld under 1127
division (L)(2)(b) of this section and, if the department withheld 1128
funding under division (L)(2)(d) of this section, the department 1129
shall not release the funds withheld under division (L)(2)(b) or 1130
(c) of this section.1131

       (5) Notwithstanding anything in this section to the contrary, 1132
the department may use its own staff or an outside entity to 1133
conduct an audit of a school district's data reporting practices 1134
any time the department has reason to believe the district has not 1135
made a good faith effort to report data as required by this 1136
section. If any audit conducted by an outside entity under 1137
division (L)(2)(d)(i) or (5) of this section confirms that a 1138
district has not made a good faith effort to report data as 1139
required by this section, the district shall reimburse the 1140
department for the full cost of the audit. The department may 1141
withhold state funds due to the district for this purpose.1142

       (6) Prior to issuing a revised report card for a school 1143
district under division (L)(2)(d)(viii) of this section, the 1144
department may hold a hearing to provide the district with an 1145
opportunity to demonstrate that it made a good faith effort to 1146
report data as required by this section. The hearing shall be 1147
conducted by a referee appointed by the department. Based on the 1148
information provided in the hearing, the referee shall recommend 1149
whether the department should issue a revised report card for the 1150
district. If the referee affirms the department's contention that 1151
the district did not make a good faith effort to report data as 1152
required by this section, the district shall bear the full cost of 1153
conducting the hearing and of issuing any revised report card.1154

       (7) If the department determines that any inaccurate data 1155
reported under this section caused a school district to receive 1156
excess state funds in any fiscal year, the district shall 1157
reimburse the department an amount equal to the excess funds, in 1158
accordance with a payment schedule determined by the department. 1159
The department may withhold state funds due to the district for 1160
this purpose.1161

       (8) Any school district that has funds withheld under 1162
division (L)(2) of this section may appeal the withholding in 1163
accordance with Chapter 119. of the Revised Code.1164

       (9) In all cases of a disagreement between the department and 1165
a school district regarding the appropriateness of an action taken 1166
under division (L)(2) of this section, the burden of proof shall 1167
be on the district to demonstrate that it made a good faith effort 1168
to report data as required by this section.1169

       (10) The state board of education shall adopt rules under 1170
Chapter 119. of the Revised Code to implement division (L) of this 1171
section.1172

       (M) No information technology center or school district shall 1173
acquire, change, or update its student administration software 1174
package to manage and report data required to be reported to the 1175
department unless it converts to a student software package that 1176
is certified by the department.1177

       (N) The state board of education, in accordance with sections 1178
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 1179
license as defined under division (A) of section 3319.31 of the 1180
Revised Code that has been issued to any school district employee 1181
found to have willfully reported erroneous, inaccurate, or 1182
incomplete data to the education management information system.1183

       (O) No person shall release or maintain any information about 1184
any student in violation of this section. Whoever violates this 1185
division is guilty of a misdemeanor of the fourth degree.1186

       (P) The department shall disaggregate the data collected 1187
under division (B)(1)(n) of this section according to the race and 1188
socioeconomic status of the students assessed. No data collected 1189
under that division shall be included on the report cards required 1190
by section 3302.03 of the Revised Code.1191

       (Q) If the department cannot compile any of the information 1192
required by division (C)(5)(H) of section 3302.03 of the Revised 1193
Code based upon the data collected under this section, the 1194
department shall develop a plan and a reasonable timeline for the 1195
collection of any data necessary to comply with that division.1196

       Sec. 3301.0715.  (A) Except as otherwise required under 1197
division (B)(1) of section 3313.608 of the Revised Code, the board 1198
of education of each city, local, and exempted village school 1199
district shall administer each applicable diagnostic assessment 1200
developed and provided to the district in accordance with section 1201
3301.079 of the Revised Code to the following:1202

       (1) Each student enrolled in a building that has failed to 1203
make adequate yearly progress for two or more consecutive school 1204
years;1205

       (2) Any student who transfers into the district or to a 1206
different school within the district if each applicable diagnostic 1207
assessment was not administered by the district or school the 1208
student previously attended in the current school year, within 1209
thirty days after the date of transfer. If the district or school 1210
into which the student transfers cannot determine whether the 1211
student has taken any applicable diagnostic assessment in the 1212
current school year, the district or school may administer the 1213
diagnostic assessment to the student.1214

       (3)(2) Each kindergarten student, not earlier than four weeks 1215
prior to the first day of school and not later than the first day 1216
of October. For the purpose of division (A)(3)(2) of this section, 1217
the district shall administer the kindergarten readiness 1218
assessment provided by the department of education. In no case 1219
shall the results of the readiness assessment be used to prohibit 1220
a student from enrolling in kindergarten.1221

       (4)(3) Each student enrolled in first or, second, or third1222
grade.1223

       (B) Each district board shall administer each diagnostic 1224
assessment aswhen the board deems appropriate, provided the 1225
administration complies with section 3313.608 of the Revised Code. 1226
However, the board shall administer any diagnostic assessment at 1227
least once annually to all students in the appropriate grade 1228
level. A district board may administer any diagnostic assessment 1229
in the fall and spring of a school year to measure the amount of 1230
academic growth attributable to the instruction received by 1231
students during that school year.1232

       (C) Any district that received an excellent or effective 1233
rating for the immediately preceding school year, pursuant to 1234
section 3302.03 of the Revised Code as it existed prior to the 1235
effective date of this amendment or the equivalent of such rating 1236
as determined by the department of education, may use different 1237
diagnostic assessments from those adopted under division (D) of 1238
section 3301.079 of the Revised Code in order to satisfy the 1239
requirements of division (A)(2) of this section.1240

       (D) Each district board shall utilize and score any 1241
diagnostic assessment administered under division (A) of this 1242
section in accordance with rules established by the department. 1243
After the administration of any diagnostic assessment, each 1244
district shall provide a student's completed diagnostic 1245
assessment, the results of such assessment, and any other 1246
accompanying documents used during the administration of the 1247
assessment to the parent of that student, and shall include all 1248
such documents and information in any plan developed for the 1249
student under division (C) of section 3313.608 of the Revised 1250
Code. Each district shall submit to the department, in the manner 1251
the department prescribes, the results of the diagnostic 1252
assessments administered under this section, regardless of the 1253
type of assessment used under section 3313.608 of the Revised 1254
Code. The department may issue reports with respect to the data 1255
collected.1256

       (D)(E) Each district board shall provide intervention 1257
services to students whose diagnostic assessments show that they 1258
are failing to make satisfactory progress toward attaining the 1259
academic standards for their grade level.1260

       (E) As used in this section, "adequate yearly progress" has 1261
the same meaning as in section 3302.01 of the Revised Code.1262

       Sec. 3302.01.  As used in this chapter:1263

       (A) "Performance index score" means the average of the totals 1264
derived from calculations for each subject area of English 1265
language arts, mathematics, science, and social studies of the 1266
weighted proportion of untested students and students scoring at 1267
each level of skill described in division (A)(2) of section 1268
3301.0710 of the Revised Code on the assessments prescribed by 1269
divisions (A) and (B)(1) of that section. The department of 1270
education shall assign weights such that students who do not take 1271
an assessment receive a weight of zero and students who take an 1272
assessment receive progressively larger weights dependent upon the 1273
level of skill attained on the assessment. The department shall 1274
also determine the performance index score a school district or 1275
building needs to achieve for the purpose of the performance 1276
ratings assigned pursuant to section 3302.03assign additional 1277
weights to students who have been permitted to pass over a subject 1278
in accordance with a student acceleration policy adopted under 1279
section 3324.10 of the Revised Code. If such a student attains the 1280
proficient score prescribed under division (A)(2)(c) of section 1281
3301.0710 of the Revised Code or higher on an assessment, the 1282
department shall assign the student the weight prescribed for the 1283
next higher scoring level. If such a student attains the advanced 1284
score, prescribed under division (A)(2)(a) of section 3301.0710 of 1285
the Revised Code, on an assessment, the department shall assign to 1286
the student an additional proportional weight, as approved by the 1287
state board. For each school year that such a student's score is 1288
included in the performance index score and the student attains 1289
the proficient score on an assessment, that additional weight 1290
shall be assigned to the student on a subject-by-subject basis.1291

       Students shall be included in the "performance index score" 1292
in accordance with division (D)(K)(2) of section 3302.03 of the 1293
Revised Code.1294

       (B) "Subgroup" means a subset of the entire student 1295
population of the state, a school district, or a school building 1296
and includes each of the following:1297

       (1) Major racial and ethnic groups;1298

       (2) Students with disabilities;1299

       (3) Economically disadvantaged students;1300

       (4) Limited English proficient students;1301

       (5) Students identified as gifted in superior cognitive 1302
ability and specific academic ability fields under Chapter 3324. 1303
of the Revised Code. For students who are gifted in specific 1304
academic ability fields, the department shall use data for those 1305
students with specific academic ability in math and reading. If 1306
any other academic field is assessed, the department shall also 1307
include data for students with specific academic ability in that 1308
field.1309

       (6) Students in the lowest quintile for achievement 1310
statewide, as determined by a method prescribed by the state board 1311
of education.1312

       (C) "No Child Left Behind Act of 2001" includes the statutes 1313
codified at 20 U.S.C. 6301 et seq. and any amendments thereto, 1314
rules and regulations promulgated pursuant to those statutes, 1315
guidance documents, and any other policy directives regarding 1316
implementation of that act issued by the United States department 1317
of education.1318

       (D) "Adequate yearly progress" means a measure of annual 1319
academic performance as calculated in accordance with the "No 1320
Child Left Behind Act of 2001." 1321

       (E) "Supplemental educational services" means additional 1322
academic assistance, such as tutoring, remediation, or other 1323
educational enrichment activities, that is conducted outside of 1324
the regular school day by a provider approved by the department in 1325
accordance with the "No Child Left Behind Act of 2001." 1326

       (F) "Value-added progress dimension" means a measure of 1327
academic gain for a student or group of students over a specific 1328
period of time that is calculated by applying a statistical 1329
methodology to individual student achievement data derived from 1330
the achievement assessments prescribed by section 3301.0710 of the 1331
Revised Code. The "value-added progress dimension" shall be 1332
developed and implemented in accordance with section 3302.021 of 1333
the Revised Code.1334

       (G)(1) "Four-year adjusted cohort graduation rate" means the 1335
number of students who graduate in four years or less with a 1336
regular high school diploma divided by the number of students who 1337
form the adjusted cohort for the graduating class.1338

       (2) "Five-year adjusted cohort graduation rate" means the 1339
number of students who graduate in five years with a regular high 1340
school diploma divided by the number of students who form the 1341
adjusted cohort for the four-year graduation rate.1342

        (H) "State institution of higher education" has the same 1343
meaning as in section 3345.011 of the Revised Code.1344

       (I) "Annual measurable objectives" means a measure of student 1345
progress determined in accordance with an agreement between the 1346
department of education and the United States department of 1347
education.1348

       Sec. 3302.02.  Not later than one year after the adoption of 1349
rules under division (D) of section 3301.0712 of the Revised Code 1350
and at least every sixth year thereafter, upon recommendations of 1351
the superintendent of public instruction, the state board of 1352
education shall establish a set of performance indicators that 1353
considered as a unit will be used as one of the performance 1354
categories for the report cards required by division (C) of1355
section 3302.03 of the Revised Code. In establishing these 1356
indicators, the superintendent shall consider inclusion of student 1357
performance on assessments prescribed under section 3301.0710 or 1358
3301.0712 of the Revised Code, rates of student improvement on 1359
such assessments, student attendance, the breadth of coursework 1360
available within the district, and other indicators of student 1361
success. Not later than December 31, 2011, the state board, upon 1362
recommendation of the superintendent, shall establish a1363

       Beginning with the report card for the 2014-2015 school year, 1364
the performance indicator reflectingindicators shall include an 1365
indicator that reflects the level of services provided to, and the 1366
performance of, students identified as gifted under Chapter 3324. 1367
of the Revised Code. The indicator shall include the performance 1368
of students identified as gifted on state assessments and 1369
value-added growth measure disaggregated for students identified 1370
as gifted.1371

       For the 2013-2014 school year, except as otherwise provided 1372
in this section, for any indicator based on the percentage of 1373
students attaining a proficient score on the assessments 1374
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the 1375
Revised Code, a school district or building shall be considered to 1376
have met the indicator if at least eighty per cent of the tested 1377
students attain a score of proficient or higher on the assessment. 1378
A school district or building shall be considered to have met the 1379
indicator for the assessments prescribed by division (B)(1) of 1380
section 3301.0710 of the Revised Code and only as administered to 1381
eleventh grade students, if at least eighty-five per cent of the 1382
tested students attain a score of proficient or higher on the 1383
assessment. Not later than July 1, 2014, the state board may adopt 1384
rules, under Chapter 119. of the Revised Code, to establish 1385
different proficiency percentages to meet each indicator that is 1386
based on a state assessment for the 2014-2015 school year and 1387
thereafter.1388

       The superintendent shall inform the Ohio accountability task 1389
force established under section 3302.021 of the Revised Code of 1390
the performance indicators the superintendent establishes under 1391
this section and the rationale for choosing each indicator and for 1392
determining how a school district or building meets that 1393
indicator.1394

       The superintendent shall not establish any performance 1395
indicator for passage of the third or fourth grade English 1396
language arts assessment that is solely based on the assessment 1397
given in the fall for the purpose of determining whether students 1398
have met the reading guarantee provisions of section 3313.608 of 1399
the Revised Code.1400

       Sec. 3302.021. (A) Not earlier than July 1, 2005, and not 1401
later than July 1, 2007, the department of education shall 1402
implement a value-added progress dimension for school districts 1403
and buildings and shall incorporate the value-added progress 1404
dimension into the report cards and performance ratings issued for 1405
districts and buildings under section 3302.03 of the Revised Code.1406

       The state board of education shall adopt rules, pursuant to 1407
Chapter 119. of the Revised Code, for the implementation of the 1408
value-added progress dimension. In adopting rules, the state board 1409
shall consult with the Ohio accountability task force established 1410
under division (E) of this section. The rules adopted under this 1411
division shall specify both of the following:1412

        (1) A scale for describing the levels of academic progress in 1413
reading and mathematics relative to a standard year of academic 1414
growth in those subjects for each of grades three through eight;1415

        (2) That the department shall maintain the confidentiality of 1416
individual student test scores and individual student reports in 1417
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the 1418
Revised Code and federal law. The department may require school 1419
districts to use a unique identifier for each student for this 1420
purpose. Individual student test scores and individual student 1421
reports shall be made available only to a student's classroom 1422
teacher and other appropriate educational personnel and to the 1423
student's parent or guardian.1424

        (B) The department shall use a system designed for collecting 1425
necessary data, calculating the value-added progress dimension, 1426
analyzing data, and generating reports, which system has been used 1427
previously by a nonprofit organization led by the Ohio business 1428
community for at least one year in the operation of a pilot 1429
program in cooperation with school districts to collect and report 1430
student achievement data via electronic means and to provide 1431
information to the districts regarding the academic performance of 1432
individual students, grade levels, school buildings, and the 1433
districts as a whole.1434

        (C) The department shall not pay more than two dollars per 1435
student for data analysis and reporting to implement the 1436
value-added progress dimension in the same manner and with the 1437
same services as under the pilot program described by division (B) 1438
of this section. However, nothing in this section shall preclude 1439
the department or any school district from entering into a 1440
contract for the provision of more services at a higher fee per 1441
student. Any data analysis conducted under this section by an 1442
entity under contract with the department shall be completed in 1443
accordance with timelines established by the superintendent of 1444
public instruction.1445

       (D) The department shall share any aggregate student data and 1446
any calculation, analysis, or report utilizing aggregate student 1447
data that is generated under this section with the chancellor of 1448
the Ohio board of regents. The department shall not share 1449
individual student test scores and individual student reports with 1450
the chancellor.1451

       (E)(1) There is hereby established the Ohio accountability 1452
task force. The task force shall consist of the following thirteen 1453
members:1454

       (a) The chairpersons and ranking minority members of the 1455
house of representatives and senate standing committees primarily 1456
responsible for education legislation, who shall be nonvoting 1457
members;1458

       (b) One representative of the governor's office, appointed by 1459
the governor;1460

        (c) The superintendent of public instruction, or the 1461
superintendent's designee;1462

        (d) One representative of teacher employee organizations 1463
formed pursuant to Chapter 4117. of the Revised Code, appointed by 1464
the speaker of the house of representatives;1465

        (e) One representative of school district boards of 1466
education, appointed by the president of the senate;1467

       (f) One school district superintendent, appointed by the 1468
speaker of the house of representatives;1469

       (g) One representative of business, appointed by the 1470
president of the senate;1471

       (h) One representative of a nonprofit organization led by the 1472
Ohio business community, appointed by the governor;1473

       (i) One school building principal, appointed by the president 1474
of the senate;1475

       (j) A member of the state board of education, appointed by 1476
the speaker of the house of representatives.1477

       Initial appointed members of the task force shall serve until 1478
January 1, 2005. Thereafter, terms of office for appointed members 1479
shall be for two years, each term ending on the same day of the 1480
same month as did the term that it succeeds. Each appointed member 1481
shall hold office from the date of appointment until the end of 1482
the term for which the member was appointed. Members may be 1483
reappointed. Vacancies shall be filled in the same manner as the 1484
original appointment. Any member appointed to fill a vacancy 1485
occurring prior to the expiration of the term for which the 1486
member's predecessor was appointed shall hold office for the 1487
remainder of that term.1488

        The task force shall select from among its members a 1489
chairperson. The task force shall meet at least once each calendar 1490
year and at other times upon the call of the chairperson to 1491
conduct its business. Members of the task force shall serve 1492
without compensation.1493

       (2) The task force shall do all of the following:1494

        (a) Examine the implementation of the value-added progress 1495
dimension by the department, including the system described in 1496
division (B) of this section, the reporting of performance data to 1497
school districts and buildings, and the provision of professional 1498
development on the interpretation of the data to classroom 1499
teachers and administrators;1500

        (b) Periodically review any fees for data analysis and 1501
reporting paid by the department pursuant to division (C) of this 1502
section and determine if the fees are appropriate based upon the 1503
level of services provided;1504

       (c) Periodically report to the department and the state board 1505
on all issues related to the school district and building 1506
accountability system established under this chapter;1507

       (d) Not later than seven years after its initial meeting, 1508
make recommendations to improve the school district and building 1509
accountability system established under this chapter. The task 1510
force shall adopt recommendations by a majority vote of its 1511
members. Copies of the recommendations shall be provided to the 1512
state board, the governor, the speaker of the house of 1513
representatives, and the president of the senate.1514

       (e) Determine starting dates for the implementation of the 1515
value-added progress dimension and its incorporation into school 1516
district and building report cards and performance ratings.1517

       Sec. 3302.03. (A) Annually the department of education shall 1518
report for each school district and each school building in a 1519
district all of the following:1520

       (1) The extent to which the school district or building meets 1521
each of the applicable performance indicators created by the state 1522
board of education under section 3302.02 of the Revised Code and 1523
the number of applicable performance indicators that have been 1524
achieved;1525

       (2) The performance index score of the school district or 1526
building;1527

       (3) Whether the school district or building has made adequate 1528
yearly progress;1529

       (4) Whether the school district or building is excellent, 1530
effective, needs continuous improvement, is under an academic 1531
watch, or is in a state of academic emergency.1532

       (B) Except as otherwise provided in division (B)(6) of this 1533
section:1534

       (1) A school district or building shall be declared excellent 1535
if it meets at least ninety-four per cent of the applicable state 1536
performance indicators or has a performance index score 1537
established by the department, except that if it does not make 1538
adequate yearly progress for two or more of the same subgroups for 1539
three or more consecutive years, it shall be declared effective.1540

       (2) A school district or building shall be declared effective 1541
if it meets at least seventy-five per cent but less than 1542
ninety-four per cent of the applicable state performance 1543
indicators or has a performance index score established by the 1544
department, except that if it does not make adequate yearly 1545
progress for two or more of the same subgroups for three or more 1546
consecutive years, it shall be declared in need of continuous 1547
improvement.1548

       (3) A school district or building shall be declared to be in 1549
need of continuous improvement if it fulfills one of the following 1550
requirements:1551

       (a) It makes adequate yearly progress, meets less than 1552
seventy-five per cent of the applicable state performance 1553
indicators, and has a performance index score established by the 1554
department.1555

       (b) It does not make adequate yearly progress and either 1556
meets at least fifty per cent but less than seventy-five per cent 1557
of the applicable state performance indicators or has a 1558
performance index score established by the department.1559

       (4) A school district or building shall be declared to be 1560
under an academic watch if it does not make adequate yearly 1561
progress and either meets at least thirty-one per cent but less 1562
than fifty per cent of the applicable state performance indicators 1563
or has a performance index score established by the department.1564

       (5) A school district or building shall be declared to be in 1565
a state of academic emergency if it does not make adequate yearly 1566
progress, does not meet at least thirty-one per cent of the 1567
applicable state performance indicators, and has a performance 1568
index score established by the department.1569

       (6) Division (B)(6) of this section does not apply to any 1570
community school established under Chapter 3314. of the Revised 1571
Code in which a majority of the students are enrolled in a dropout 1572
prevention and recovery program.1573

        A school district or building shall not be assigned a higher 1574
performance rating than in need of continuous improvement if at 1575
least ten per cent but not more than fifteen per cent of the 1576
enrolled students do not take all achievement assessments 1577
prescribed for their grade level under division (A)(1) or (B)(1) 1578
of section 3301.0710 of the Revised Code from which they are not 1579
excused pursuant to division (C)(1) or (3) of section 3301.0711 of 1580
the Revised Code. A school district or building shall not be 1581
assigned a higher performance rating than under an academic watch 1582
if more than fifteen per cent but not more than twenty per cent of 1583
the enrolled students do not take all achievement assessments 1584
prescribed for their grade level under division (A)(1) or (B)(1) 1585
of section 3301.0710 of the Revised Code from which they are not 1586
excused pursuant to division (C)(1) or (3) of section 3301.0711 of 1587
the Revised Code. A school district or building shall not be 1588
assigned a higher performance rating than in a state of academic 1589
emergency if more than twenty per cent of the enrolled students do 1590
not take all achievement assessments prescribed for their grade 1591
level under division (A)(1) or (B)(1) of section 3301.0710 of the 1592
Revised Code from which they are not excused pursuant to division 1593
(C)(1) or (3) of section 3301.0711 of the Revised Code.1594

       (C)(1) The department shall issue annual report cards for 1595
each school district, each building within each district, and for 1596
the state as a whole reflecting performance on the indicators 1597
created by the state board under section 3302.02 of the Revised 1598
Code, the performance index score, and adequate yearly progress.1599

       (2) The department shall include on the report card for each 1600
district information pertaining to any change from the previous 1601
year made by the school district or school buildings within the 1602
district on any performance indicator.1603

       (3)Annually, not later than the fifteenth day of September 1604
or the preceding Friday when that day falls on a Saturday or 1605
Sunday, the department of education shall assign a letter grade 1606
for overall academic performance and for each separate performance 1607
measure for each school district, and each school building in a 1608
district, in accordance with this section. The state board shall 1609
adopt rules pursuant to Chapter 119. of the Revised Code to 1610
establish performance criteria for each letter grade and prescribe 1611
a method by which the department assigns each letter grade. For a 1612
school building to which any of the performance measures do not 1613
apply, due to grade levels served by the building, the state board 1614
shall designate the performance measures that are applicable to 1615
the building and that must be calculated separately and used to 1616
calculate the building's overall grade. The department shall issue 1617
annual report cards reflecting the performance of each school 1618
district, each building within each district, and for the state as 1619
a whole using the performance measures and letter grade system 1620
described in this section. The department shall include on the 1621
report card for each district and each building within each 1622
district the most recent two-year trend data in student 1623
achievement for each subject and each grade.1624

       (A)(1) For the 2012-2013 school year, the department shall 1625
issue grades as described in division (E) of this section for each 1626
of the following performance measures:1627

       (a) Annual measurable objectives; 1628

       (b) Performance index score for a school district or 1629
building. Grades shall be awarded as a percentage of the total 1630
possible points on the performance index system as adopted by the 1631
state board. In adopting benchmarks for assigning letter grades 1632
under division (A)(1)(b) of this section, the state board of 1633
education shall designate ninety per cent or higher for an "A," at 1634
least seventy per cent but not more than eighty per cent for a 1635
"C," and less than fifty per cent for an "F."1636

       (c) The extent to which the school district or building meets 1637
each of the applicable performance indicators established by the 1638
state board under section 3302.02 of the Revised Code and the 1639
percentage of applicable performance indicators that have been 1640
achieved. In adopting benchmarks for assigning letter grades under 1641
division (A)(1)(c) of this section, the state board shall 1642
designate ninety per cent or higher for an "A."1643

       (d) The four- and five-year adjusted cohort graduation rates.1644

        In adopting benchmarks for assigning letter grades under 1645
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 1646
department shall designate a four-year adjusted cohort graduation 1647
rate of ninety-three per cent or higher for an "A" and a five-year 1648
cohort graduation rate of ninety-five per cent or higher for an 1649
"A."1650

       (e) The overall score under the value-added progress 1651
dimension of a school district or building, for which the 1652
department shall use up to three years of value-added data as 1653
available. The letter grade assigned for this growth measure shall 1654
be as follows:1655

       (i) A score that is at least two standard errors of measure 1656
above the mean score shall be designated as an "A."1657

       (ii) A score that is at least one standard error of measure 1658
but less than two standard errors of measure above the mean score 1659
shall be designated as a "B."1660

       (iii) A score that is less than one standard error of measure 1661
above the mean score but greater than or equal to one standard 1662
error of measure below the mean score shall be designated as a 1663
"C."1664

       (iv) A score that is not greater than one standard error of 1665
measure below the mean score but is greater than or equal to two 1666
standard errors of measure below the mean score shall be 1667
designated as a "D."1668

       (v) A score that is not greater than two standard errors of 1669
measure below the mean score shall be designated as an "F."1670

       Whenever the value-added progress dimension is used as a 1671
graded performance measure, whether as an overall measure or as a 1672
measure of separate subgroups, the grades for the measure shall be 1673
calculated in the same manner as prescribed in division (A)(1)(e) 1674
of this section.1675

       (f) The value-added progress dimension score for a school 1676
district or building disaggregated for each of the following 1677
subgroups: students identified as gifted, students with 1678
disabilities, and students whose performance places them in the 1679
lowest quintile for achievement on a statewide basis. Each 1680
subgroup shall be a separate graded measure.1681

       (2) Not later than April 30, 2013, the state board of 1682
education shall adopt a resolution describing the performance 1683
measures, benchmarks, and grading system for the 2012-2013 school 1684
year and, not later than June 30, 2013, shall adopt rules in 1685
accordance with Chapter 119. of the Revised Code that prescribe 1686
the methods by which the performance measures under division 1687
(A)(1) of this section shall be assessed and assigned a letter 1688
grade, including performance benchmarks for each letter grade.1689

       At least forty-five days prior to the state board's adoption 1690
of rules to prescribe the methods by which the performance 1691
measures under division (A)(1) of this section shall be assessed 1692
and assigned a letter grade, the department shall conduct a public 1693
presentation before the standing committees of the house of 1694
representatives and the senate that consider education legislation 1695
describing such methods, including performance benchmarks.1696

       (3) There shall not be an overall letter grade for a school 1697
district or building for the 2012-2013 school year.1698

       (B)(1) For the 2013-2014 school year, the department shall 1699
issue grades as described in division (E) of this section for each 1700
of the following performance measures:1701

       (a) Annual measurable objectives; 1702

       (b) Performance index score for a school district or 1703
building. Grades shall be awarded as a percentage of the total 1704
possible points on the performance index system as created by the 1705
department. In adopting benchmarks for assigning letter grades 1706
under division (B)(1)(b) of this section, the state board shall 1707
designate ninety per cent or higher for an "A," at least seventy 1708
per cent but not more than eighty per cent for a "C," and less 1709
than fifty per cent for an "F."1710

       (c) The extent to which the school district or building meets 1711
each of the applicable performance indicators established by the 1712
state board under section 3302.03 of the Revised Code and the 1713
percentage of applicable performance indicators that have been 1714
achieved. In adopting benchmarks for assigning letter grades under 1715
division (B)(1)(c) of this section, the state board shall 1716
designate ninety per cent or higher for an "A."1717

       (d) The four- and five-year adjusted cohort graduation rates;1718

       (e) The overall score under the value-added progress 1719
dimension of a school district or building, for which the 1720
department shall use up to three years of value-added data as 1721
available.1722

       (f) The value-added progress dimension score for a school 1723
district or building disaggregated for each of the following 1724
subgroups: students identified as gifted in superior cognitive 1725
ability and specific academic ability fields under Chapter 3324. 1726
of the Revised Code, students with disabilities, and students 1727
whose performance places them in the lowest quintile for 1728
achievement on a statewide basis. Each subgroup shall be a 1729
separate graded measure.1730

       (g) Whether a school district or building is making progress 1731
in improving literacy in grades kindergarten through three, as 1732
determined using a method prescribed by the state board. The state 1733
board shall adopt rules to prescribe benchmarks and standards for 1734
assigning grades to districts and buildings for purposes of 1735
division (B)(1)(j) of this section. In adopting benchmarks for 1736
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 1737
this section, the state board shall determine progress made based 1738
on the reduction in the percentage of students scoring below grade 1739
level, or below proficient, compared from year to year on the 1740
English language arts diagnostic assessments administered under 1741
section 3301.0715 of the Revised Code and the third grade English 1742
language arts assessment under section 3301.0710 of the Revised 1743
Code, as applicable. The state board shall designate for a "C" 1744
grade a value that is not lower than the statewide average value 1745
for this measure. No grade shall be issued under divisions 1746
(B)(1)(g) and (C)(1)(j) of this section for a district or building 1747
in which less than five per cent of students have scored below 1748
grade level on the diagnostic assessment administered to students 1749
in kindergarten under division (B)(1) of section 3313.608 of the 1750
Revised Code.1751

       (2) In addition to the graded measures in division (B)(1) of 1752
this section, the department shall include on a school district's 1753
or building's report card all of the following without an assigned 1754
letter grade:1755

       (a) The percentage of students enrolled in a district or 1756
building participating in advanced placement classes and the 1757
percentage of those students who received a score of three or 1758
better on advanced placement examinations;1759

        (b) The number of a district's or building's students who 1760
have earned at least three college credits through dual enrollment 1761
programs, such as the post-secondary enrollment options program 1762
under Chapter 3365. of the Revised Code and state-approved 1763
career-technical courses offered through dual enrollment or 1764
statewide articulation, that appear on a student's transcript or 1765
other official document, either of which is issued by the 1766
institution of higher education from which the student earned the 1767
college credit. The credits earned that are reported under 1768
divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1769
include any that are remedial or developmental and shall include 1770
those that count toward the curriculum requirements established 1771
for completion of a degree.1772

       (c) The percentage of students enrolled in a district or 1773
building who have taken a national standardized test used for 1774
college admission determinations and the percentage of those 1775
students who are determined to be remediation-free in accordance 1776
with standards adopted under division (F) of section 3345.061 of 1777
the Revised Code;1778

        (d) The percentage of the district's or the building's 1779
students who receive industry credentials. The state board shall 1780
adopt criteria for acceptable industry credentials.1781

        (e) The percentage of students enrolled in a district or 1782
building who are participating in an international baccalaureate 1783
program and the percentage of those students who receive a score 1784
of four or better on the international baccalaureate examinations.1785

        (f) The percentage of the district's or building's students 1786
who receive an honors diploma under division (B) of section 1787
3313.61 of the Revised Code. 1788

       (3) Not later than December 31, 2013, the state board shall 1789
adopt rules in accordance with Chapter 119. of the Revised Code 1790
that prescribe the methods by which the performance measures under 1791
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 1792
and assigned a letter grade, including performance benchmarks for 1793
each grade.1794

       At least forty-five days prior to the state board's adoption 1795
of rules to prescribe the methods by which the performance 1796
measures under division (B)(1) of this section shall be assessed 1797
and assigned a letter grade, the department shall conduct a public 1798
presentation before the standing committees of the house of 1799
representatives and the senate that consider education legislation 1800
describing such methods, including performance benchmarks.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," at least seventy 1815
per cent but not more than eighty per cent for a "C," and less 1816
than fifty per cent for an "F."1817

       (c) The extent to which the school district or building meets 1818
each of the applicable performance indicators established by the 1819
state board under section 3302.03 of the Revised Code and the 1820
percentage of applicable performance indicators that have been 1821
achieved. In adopting benchmarks for assigning letter grades under 1822
division (C)(1)(c) of this section, the state board shall 1823
designate ninety per cent or higher for an "A."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 up to 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 value-added progress dimension score of a school 1845
district or building disaggregated for each of the following 1846
subgroups: students identified as gifted in superior cognitive 1847
ability and specific academic ability fields under Chapter 3324. 1848
of the Revised Code, students with disabilities, and students 1849
whose performance places them in the lowest quintile for 1850
achievement on a statewide basis, as determined by a method 1851
prescribed by the state board. Each subgroup shall be a separate 1852
graded measure.1853

       The state board may adopt student academic progress measures 1854
to be used instead of the value-added progress dimension. If the 1855
state board adopts such measures, it also shall prescribe a method 1856
for assigning letter grades for the new measures that is 1857
comparable to the method prescribed in division (A)(1)(e) of this 1858
section.1859

       (g) Whether a school district or building is making progress 1860
in improving literacy in grades kindergarten through three, as 1861
determined using a method prescribed by the state board. The state 1862
board shall adopt rules to prescribe benchmarks and standards for 1863
assigning grades to a district or building for purposes of 1864
division (C)(1)(j) of this section. The state board shall 1865
designate for a "C" grade a value that is not lower than the 1866
statewide average value for this measure. No grade shall be issued 1867
under division (C)(1)(g) of this section for a district or 1868
building in which less than five per cent of students have scored 1869
below grade level on the kindergarten diagnostic assessment under 1870
division (B)(1) of section 3313.608 of the Revised Code.1871

       (2) In addition to the graded measures in division (C)(1) of 1872
this section, the department shall include on a school district's 1873
or building's report card all of the following without an assigned 1874
letter grade:1875

        (a) The percentage of students enrolled in a district or 1876
building who have taken a national standardized test used for 1877
college admission determinations and the percentage of those 1878
students who are determined to be remediation-free in accordance 1879
with the standards adopted under division (F) of section 3345.061 1880
of the Revised Code;1881

        (b) The percentage of students enrolled in a district or 1882
building participating in advanced placement classes and the 1883
percentage of those students who received a score of three or 1884
better on advanced placement examinations;1885

        (c) The number of a district's or building's students who 1886
have earned at least three college credits through dual enrollment 1887
programs, such as the post-secondary enrollment options program 1888
under Chapter 3365. of the Revised Code and state-approved 1889
career-technical courses offered through dual enrollment or 1890
statewide articulation, that appear on a student's transcript or 1891
other official document, either of which is issued by the 1892
institution of higher education from which the student earned the 1893
college credit. The credits earned that are reported under 1894
divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1895
include any that are remedial or developmental and shall include 1896
those that count toward the curriculum requirements established 1897
for completion of a degree.1898

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

        (e) The percentage of the district's or building's students 1902
who receive industry credentials;1903

        (f) The percentage of students enrolled in a district or 1904
building who are participating in an international baccalaureate 1905
program and the percentage of those students who receive a score 1906
of four or better on the international baccalaureate examinations;1907

        (g) The results of the college and career-ready assessments 1908
administered under division (B)(1) of section 3301.0712 of the 1909
Revised Code.1910

        (3) The state board shall adopt rules pursuant to Chapter 1911
119. of the Revised Code that establish a method to assign an 1912
overall grade for a school district or school building for the 1913
2014-2015 school year and each school year thereafter. The rules 1914
shall group the performance measures in divisions (C)(1) and (2) 1915
of this section into the following components:1916

        (a) Gap closing, which shall include the performance measure 1917
in division (C)(1)(a) of this section;1918

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

        (c) Progress, which shall include the performance measures in 1921
divisions (C)(1)(e) and (i) of this section;1922

        (d) Graduation, which shall include the performance measure 1923
in division (C)(1)(d) of this section;1924

        (e) Kindergarten through third-grade literacy, which shall 1925
include the performance measure in division (C)(1)(k) of this 1926
section;1927

        (f) Prepared for success, which shall include the performance 1928
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 1929
this section. The state board shall develop a method to determine 1930
a grade for the component in division (C)(3)(f) of this section 1931
using the performance measures in divisions (C)(2)(a), (b), (c), 1932
(d), (e), and (f) of this section. When available, the state board 1933
may incorporate the performance measure under division (C)(2)(g) 1934
of this section into the component under division (C)(3)(f) of 1935
this section. When determining the overall grade for the prepared 1936
for success component prescribed by division (C)(3)(f) of this 1937
section, no individual student shall be counted in more than one 1938
performance measure. However, if a student qualifies for more than 1939
one performance measure in the component, the state board may, in 1940
its method to determine a grade for the component, specify an 1941
additional weight for such a student that is not greater than or 1942
equal to 1.0. In determining the overall score under division 1943
(C)(3)(f) of this section, the state board shall ensure that the 1944
pool of students included in the performance measures aggregated 1945
under that division are all of the students included in the four- 1946
and five-year adjusted graduation cohort.1947

        In the rules adopted under division (C)(3) of this section, 1948
the state board shall adopt a method for determining a grade for 1949
each component in divisions (C)(3)(a) to (f) of this section. The 1950
state board also shall establish a method to assign an overall 1951
grade of "A," "B," "C," "D," or "F" using the grades assigned for 1952
each component. The method the state board adopts for assigning an 1953
overall grade shall give equal weight to the components in 1954
divisions (C)(3)(b) and (c) of this section.1955

       At least forty-five days prior to the state board's adoption 1956
of rules to prescribe the methods for calculating the overall 1957
grade for the report card, as required by this division, the 1958
department shall conduct a public presentation before the standing 1959
committees of the house of representatives and the senate that 1960
consider education legislation describing the format for the 1961
report card, weights that will be assigned to the components of 1962
the overall grade, and the method for calculating the overall 1963
grade.1964

       (D) Not later than July 1, 2015, the state board shall 1965
develop a measure of student academic progress for high school 1966
students. Beginning with the report card for the 2015-2016 school 1967
year, each school district and applicable school building shall be 1968
assigned a separate letter grade for this measure and the 1969
district's or building's grade for that measure shall be included 1970
in determining the district's or building's overall letter grade. 1971
This measure shall be included within the measure prescribed in 1972
division (C)(2)(c) of this section in the calculation for the 1973
overall letter grade.1974

       (E) The letter grades assigned to a school district or 1975
building under this section shall be as follows:1976

       (1) "A" for a district or school making excellent progress;1977

       (2) "B" for a district or school making above average 1978
progress;1979

       (3) "C" for a district or school making average progress;1980

       (4) "D" for a district or school making below average 1981
progress;1982

       (5) "F" for a district or school failing to meet minimum 1983
progress.1984

       (F) When reporting data on student performanceachievement 1985
and progress, the department shall disaggregate that data 1986
according to the following categories: 1987

       (a)(1) Performance of students by age groupgrade-level; 1988

       (b)(2) Performance of students by race and ethnic group; 1989

       (c)(3) Performance of students by gender; 1990

       (d)(4) Performance of students grouped by those who have been 1991
enrolled in a district or school for three or more years; 1992

       (e)(5) Performance of students grouped by those who have been 1993
enrolled in a district or school for more than one year and less 1994
than three years; 1995

       (f)(6) Performance of students grouped by those who have been 1996
enrolled in a district or school for one year or less; 1997

       (g)(7) Performance of students grouped by those who are 1998
economically disadvantaged; 1999

       (h)(8) Performance of students grouped by those who are 2000
enrolled in a conversion community school established under 2001
Chapter 3314. of the Revised Code; 2002

       (i)(9) Performance of students grouped by those who are 2003
classified as limited English proficient; 2004

       (j)(10) Performance of students grouped by those who have 2005
disabilities; 2006

       (k)(11) Performance of students grouped by those who are 2007
classified as migrants; 2008

       (l)(12) Performance of students grouped by those who are 2009
identified as gifted in superior cognitive ability and the 2010
specific academic ability fields of reading and math pursuant to 2011
Chapter 3324. of the Revised Code. In disaggregating specific 2012
academic ability fields for gifted students, the department shall 2013
use data for those students with specific academic ability in math 2014
and reading. If any other academic field is assessed, the 2015
department shall also include data for students with specific 2016
academic ability in that field as well.2017

       (13) Performance of students grouped by those who perform in 2018
the lowest quintile for achievement on a statewide basis, as 2019
determined by a method prescribed by the state board. 2020

       The department may disaggregate data on student performance 2021
according to other categories that the department determines are 2022
appropriate. To the extent possible, the department shall 2023
disaggregate data on student performance according to any 2024
combinations of two or more of the categories listed in divisions 2025
(C)(3)(a)(F)(1) to (l)(13) of this section that it deems relevant. 2026

       In reporting data pursuant to division (C)(3)(F) of this 2027
section, the department shall not include in the report cards any 2028
data statistical in nature that is statistically unreliable or 2029
that could result in the identification of individual students. 2030
For this purpose, the department shall not report student 2031
performance data for any group identified in division (C)(3)(F) of 2032
this section that contains less than ten students. If the 2033
department does not report student performance data for a group 2034
because it contains less than ten students, the department shall 2035
indicate on the report card that is why data was not reported.2036

       (4)(G) The department may include with the report cards any 2037
additional education and fiscal performance data it deems 2038
valuable. 2039

       (5)(H) The department shall include on each report card a 2040
list of additional information collected by the department that is 2041
available regarding the district or building for which the report 2042
card is issued. When available, such additional information shall 2043
include student mobility data disaggregated by race and 2044
socioeconomic status, college enrollment data, and the reports 2045
prepared under section 3302.031 of the Revised Code. 2046

       The department shall maintain a site on the world wide web. 2047
The report card shall include the address of the site and shall 2048
specify that such additional information is available to the 2049
public at that site. The department shall also provide a copy of 2050
each item on the list to the superintendent of each school 2051
district. The district superintendent shall provide a copy of any 2052
item on the list to anyone who requests it. 2053

       (6)(I) Division (C)(6)(I) of this section does not apply to 2054
conversion community schools that primarily enroll students 2055
between sixteen and twenty-two years of age who dropped out of 2056
high school or are at risk of dropping out of high school due to 2057
poor attendance, disciplinary problems, or suspensions. 2058

       (a)(1) For any district that sponsors a conversion community 2059
school under Chapter 3314. of the Revised Code, the department 2060
shall combine data regarding the academic performance of students 2061
enrolled in the community school with comparable data from the 2062
schools of the district for the purpose of calculatingdetermining2063
the performance of the district as a whole on the report card 2064
issued for the district under this section or section 3302.033 of 2065
the Revised Code. 2066

       (b)(2) Any district that leases a building to a community 2067
school located in the district or that enters into an agreement 2068
with a community school located in the district whereby the 2069
district and the school endorse each other's programs may elect to 2070
have data regarding the academic performance of students enrolled 2071
in the community school combined with comparable data from the 2072
schools of the district for the purpose of calculatingdetermining2073
the performance of the district as a whole on the district report 2074
card. Any district that so elects shall annually file a copy of 2075
the lease or agreement with the department. 2076

       (c)(3) Any municipal school district, as defined in section 2077
3311.71 of the Revised Code, that sponsors a community school 2078
located within the district's territory, or that enters into an 2079
agreement with a community school located within the district's 2080
territory whereby the district and the community school endorse 2081
each other's programs, may exercise either or both of the 2082
following elections:2083

       (i)(a) To have data regarding the academic performance of 2084
students enrolled in that community school combined with 2085
comparable data from the schools of the district for the purpose 2086
of calculatingdetermining the performance of the district as a 2087
whole on the district's report card;2088

       (ii)(b) To have the number of students attending that 2089
community school noted separately on the district's report card.2090

       The election authorized under division (C)(6)(c)(i)(I)(3)(a)2091
of this section is subject to approval by the governing authority 2092
of the community school.2093

       Any municipal school district that exercises an election to 2094
combine or include data under division (C)(6)(c)(I)(3) of this 2095
section, by the first day of October of each year, shall file with 2096
the department documentation indicating eligibility for that 2097
election, as required by the department.2098

       (7)(J) The department shall include on each report card the 2099
percentage of teachers in the district or building who are highly 2100
qualified, as defined by the "No Child Left Behind Act of 2001," 2101
and a comparison of that percentage with the percentages of such 2102
teachers in similar districts and buildings. 2103

       (8) The department shall include on the report card the 2104
number of lead teachers employed by each district and each 2105
building once the data is available from the education management 2106
information system established under section 3301.0714 of the 2107
Revised Code.2108

       (D)(K)(1) In calculating English language arts, mathematics, 2109
social studies, or science assessment passage rates used to 2110
determine school district or building performance under this 2111
section, the department shall include all students taking an 2112
assessment with accommodation or to whom an alternate assessment 2113
is administered pursuant to division (C)(1) or (3) of section 2114
3301.0711 of the Revised Code. 2115

        (2) In calculating performance index scores, rates of 2116
achievement on the performance indicators established by the state 2117
board under section 3302.02 of the Revised Code, and annual 2118
measurable objectives for determining adequate yearly progress for 2119
school districts and buildings under this section, the department 2120
shall do all of the following: 2121

       (a) Include for each district or building only those students 2122
who are included in the ADM certified for the first full school 2123
week of October and are continuously enrolled in the district or 2124
building through the time of the spring administration of any 2125
assessment prescribed by division (A)(1) or (B)(1) of section 2126
3301.0710 of the Revised Code that is administered to the 2127
student's grade level; 2128

       (b) Include cumulative totals from both the fall and spring 2129
administrations of the third grade English language arts 2130
achievement assessment; 2131

       (c) Except as required by the "No Child Left Behind Act of 2132
2001" for the calculation of adequate yearly progress," exclude 2133
for each district or building any limited English proficient 2134
student who has been enrolled in United States schools for less 2135
than one full school year.2136

       Sec. 3302.033.  The state board of education, in consultation 2137
with the chancellor of the Ohio board of regents, any office 2138
within the office of the governor concerning workforce 2139
development, the Ohio association of career and technical 2140
education, the Ohio association of city career-technical schools, 2141
and the Ohio association of career-technical superintendents, 2142
shall approve a report card for joint vocational school districts 2143
and for other career-technical planning districts that are not 2144
joint vocational school districts, which may contain disaggregated 2145
data for each joint vocational school district, if applicable. The 2146
state board shall submit details of the approved report card to 2147
the governor, the speaker of the house of representatives, the 2148
president of the senate, and the chairpersons of the standing 2149
committees of the house of representatives and the senate 2150
principally responsible for education policy. The department of 2151
education annually shall issue a report card for each joint 2152
vocational school district and other career-technical planning 2153
districtdistricts that are not joint vocational school districts, 2154
beginning with report cards for the 2012-2013 school year to be 2155
published not later than September 1, 2013.2156

       As used in this section, "career-technical planning district" 2157
means a school district or group of school districts designated by 2158
the department as being responsible for the planning for and 2159
provision of career-technical education services to students 2160
within the district or group.2161

       Sec. 3302.034. (A) Not later than December 31, 2013, the 2162
state board of education shall adopt and specify measures in 2163
addition to those included on the report card issued under section 2164
3302.03 of the Revised Code. The measures adopted under this 2165
section shall be reported separately, as specified under division 2166
(B) of this section, for each school district, each building in a 2167
district, each community school established under Chapter 3314., 2168
each STEM school established under Chapter 3326., and each 2169
college-preparatory boarding school established under Chapter 2170
3328. of the Revised Code. The measures shall include at least the 2171
following:2172

        (1) Data for students who have passed over a grade or subject 2173
area under an acceleration policy prescribed under section 3324.10 2174
of the Revised Code;2175

        (2) The number of students who are economically disadvantaged 2176
as determined by the department of education;2177

        (3) The number of lead teachers employed by each district and 2178
each building once the data is available through the education 2179
management information system established under section 3301.0714 2180
of the Revised Code;2181

        (4) The amount of students screened and identified as gifted 2182
under Chapter 3324. of the Revised Code;2183

        (5) Postgraduate student outcome data as described under 2184
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;2185

        (6) Availability of courses in fine arts;2186

        (7) Participation with other school districts to provide 2187
career-technical education services to students;2188

        (8) The amount of extracurricular services offered to 2189
students.2190

       (B) The department shall report this information annually 2191
beginning with the 2013-2014 school year and make this information 2192
available on its web site for comparison purposes.2193

       Sec. 3302.04. As used in divisions (A), (C), and (D) of this 2194
section, for the 2014-2015 school year, and for each school year 2195
thereafter, when a provision refers to a school district or school 2196
building in a state of academic emergency, it shall mean a 2197
district or building rated "F"; when a provision refers to a 2198
school district or school building under an academic watch, it 2199
shall mean a district or building rated "D"; and when a provision 2200
refers to a school district or school building in need of 2201
continuous improvement, it shall mean a district or building rated 2202
"C" as those letter grade ratings for overall performance are 2203
assigned under division (C)(3) of section 3302.03 of the Revised 2204
Code, as it exists on or after the effective date of this 2205
amendment.2206

       (A) The department of education shall establish a system of 2207
intensive, ongoing support for the improvement of school districts 2208
and school buildings. In accordance with the model of 2209
differentiated accountability described in section 3302.041 of the 2210
Revised Code, the system shall give priority to the following:2211

        (1) For any school year prior to the 2012-2013 school year,2212
districts and buildings that have been declared to be under an 2213
academic watch or in a state of academic emergency under section 2214
3302.03 of the Revised Code and;2215

        (2) For the 2012-2013 school year, and for each school year 2216
thereafter, districts and buildings in the manner prescribed by 2217
any agreement currently in force between the department and the 2218
United States department of education. The department shall 2219
endeavor to include schools and buildings that receive grades 2220
under section 3302.03 of the Revised Code that the department 2221
considers to be low performing.2222

        The system shall include services provided to districts and 2223
buildings through regional service providers, such as educational 2224
service centers.2225

       (B) This division does not apply to any school district after 2226
June 30, 2008.2227

       When a school district has been notified by the department 2228
pursuant to division (A) of section 3302.03 of the Revised Code 2229
that the district or a building within the district has failed to 2230
make adequate yearly progress for two consecutive school years, 2231
the district shall develop a three-year continuous improvement 2232
plan for the district or building containing each of the 2233
following:2234

       (1) An analysis of the reasons for the failure of the 2235
district or building to meet any of the applicable performance 2236
indicators established under section 3302.02 of the Revised Code 2237
that it did not meet and an analysis of the reasons for its 2238
failure to make adequate yearly progress;2239

       (2) Specific strategies that the district or building will 2240
use to address the problems in academic achievement identified in 2241
division (B)(1) of this section;2242

       (3) Identification of the resources that the district will 2243
allocate toward improving the academic achievement of the district 2244
or building;2245

       (4) A description of any progress that the district or 2246
building made in the preceding year toward improving its academic 2247
achievement;2248

       (5) An analysis of how the district is utilizing the 2249
professional development standards adopted by the state board 2250
pursuant to section 3319.61 of the Revised Code;2251

       (6) Strategies that the district or building will use to 2252
improve the cultural competency, as defined pursuant to section 2253
3319.61 of the Revised Code, of teachers and other educators.2254

       No three-year continuous improvement plan shall be developed 2255
or adopted pursuant to this division unless at least one public 2256
hearing is held within the affected school district or building 2257
concerning the final draft of the plan. Notice of the hearing 2258
shall be given two weeks prior to the hearing by publication in 2259
one newspaper of general circulation within the territory of the 2260
affected school district or building. Copies of the plan shall be 2261
made available to the public.2262

       (C) When(1) For any school year prior to the school year 2263
that begins on July 1, 2012, when a school district or building 2264
has been notified by the department pursuant to division (A) of2265
section 3302.03 of the Revised Code that the district or building 2266
is under an academic watch or in a state of academic emergency, 2267
the district or building shall be subject to any rules 2268
establishing intervention in academic watch or emergency school 2269
districts or buildings.2270

       (2) For the 2012-2013 school year, and for each school year 2271
thereafter, a district or building that meets the conditions for 2272
intervention prescribed by the agreement described in division 2273
(A)(2) of this section shall be subject to any rules establishing 2274
such intervention.2275

       (D)(1) WithinFor any school year prior to the 2012-2013 2276
school year, within one hundred twenty days after any school 2277
district or building is declared to be in a state of academic 2278
emergency under section 3302.03 of the Revised Code, the 2279
department may initiate a site evaluation of the building or 2280
school district.2281

       (2) For the 2012-2013 school year, and for each school year 2282
thereafter, the department may initiate a site evaluation of a 2283
building or school district that meets the conditions for a site 2284
evaluation prescribed by the agreement described in division 2285
(A)(2) of this section.2286

        (3) Division (D)(2)(3) of this section does not apply to any 2287
school district after June 30, 2008.2288

       If any school district that is declared to be in a state of 2289
academic emergency or in a state of academic watch under section 2290
3302.03 of the Revised Code or encompasses a building that is 2291
declared to be in a state of academic emergency or in a state of 2292
academic watch fails to demonstrate to the department satisfactory 2293
improvement of the district or applicable buildings or fails to 2294
submit to the department any information required under rules 2295
established by the state board of education, prior to approving a 2296
three-year continuous improvement plan under rules established by 2297
the state board of education, the department shall conduct a site 2298
evaluation of the school district or applicable buildings to 2299
determine whether the school district is in compliance with 2300
minimum standards established by law or rule.2301

       (3)(4) Division (D)(4) of this section does not apply to any 2302
school district after June 30, 2008. Site evaluations conducted 2303
under divisions (D)(1) and, (2), and (3) of this section shall 2304
include, but not be limited to, the following:2305

       (a) Determining whether teachers are assigned to subject 2306
areas for which they are licensed or certified;2307

       (b) Determining pupil-teacher ratios;2308

       (c) Examination of compliance with minimum instruction time 2309
requirements for each school day and for each school year;2310

       (d) Determining whether materials and equipment necessary to 2311
implement the curriculum approved by the school district board are 2312
available;2313

       (e) Examination of whether the teacher and principal 2314
evaluation systems comply with sections 3311.80, 3311.84, 3319.02, 2315
and 3319.111 of the Revised Code;2316

       (f) Examination of the adequacy of efforts to improve the 2317
cultural competency, as defined pursuant to section 3319.61 of the 2318
Revised Code, of teachers and other educators.2319

       (E) This division applies only to school districts that 2320
operate a school building that fails to make adequate yearly 2321
progress for two or more consecutive school years. It does not 2322
apply to any such district after June 30, 2008, except as provided 2323
in division (D)(2) of section 3313.97 of the Revised Code.2324

       (1) For any school building that fails to make adequate 2325
yearly progress for two consecutive school years, the district 2326
shall do all of the following:2327

       (a) Provide written notification of the academic issues that 2328
resulted in the building's failure to make adequate yearly 2329
progress to the parent or guardian of each student enrolled in the 2330
building. The notification shall also describe the actions being 2331
taken by the district or building to improve the academic 2332
performance of the building and any progress achieved toward that 2333
goal in the immediately preceding school year.2334

       (b) If the building receives funds under Title 1I, Part A of 2335
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 2336
6311 to 6339, from the district, in accordance with section 2337
3313.97 of the Revised Code, offer all students enrolled in the 2338
building the opportunity to enroll in an alternative building 2339
within the district that is not in school improvement status as 2340
defined by the "No Child Left Behind Act of 2001." Notwithstanding 2341
Chapter 3327. of the Revised Code, the district shall spend an 2342
amount equal to twenty per cent of the funds it receives under 2343
Title I, Part A of the "Elementary and Secondary Education Act of 2344
1965," 20 U.S.C. 6311 to 6339, to provide transportation for 2345
students who enroll in alternative buildings under this division, 2346
unless the district can satisfy all demand for transportation with 2347
a lesser amount. If an amount equal to twenty per cent of the 2348
funds the district receives under Title I, Part A of the 2349
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 2350
to 6339, is insufficient to satisfy all demand for transportation, 2351
the district shall grant priority over all other students to the 2352
lowest achieving students among the subgroup described in division 2353
(B)(3) of section 3302.01 of the Revised Code in providing 2354
transportation. Any district that does not receive funds under 2355
Title I, Part A of the "Elementary and Secondary Education Act of 2356
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide 2357
transportation to any student who enrolls in an alternative 2358
building under this division.2359

       (2) For any school building that fails to make adequate 2360
yearly progress for three consecutive school years, the district 2361
shall do both of the following:2362

       (a) 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, in accordance with section 2365
3313.97 of the Revised Code, provide all students enrolled in the 2366
building the opportunity to enroll in an alternative building 2367
within the district that is not in school improvement status as 2368
defined by the "No Child Left Behind Act of 2001." Notwithstanding 2369
Chapter 3327. of the Revised Code, the district shall provide 2370
transportation for students who enroll in alternative buildings 2371
under this division to the extent required under division (E)(2) 2372
of this section.2373

       (b) If the building receives funds under Title 1I, Part A of 2374
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 2375
6311 to 6339, from the district, offer supplemental educational 2376
services to students who are enrolled in the building and who are 2377
in the subgroup described in division (B)(3) of section 3302.01 of 2378
the Revised Code.2379

       The district shall spend a combined total of an amount equal 2380
to twenty per cent of the funds it receives under Title I, Part A 2381
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 2382
6311 to 6339, to provide transportation for students who enroll in 2383
alternative buildings under division (E)(1)(b) or (E)(2)(a) of 2384
this section and to pay the costs of the supplemental educational 2385
services provided to students under division (E)(2)(b) of this 2386
section, unless the district can satisfy all demand for 2387
transportation and pay the costs of supplemental educational 2388
services for those students who request them with a lesser amount. 2389
In allocating funds between the requirements of divisions 2390
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district 2391
shall spend at least an amount equal to five per cent of the funds 2392
it receives under Title I, Part A of the "Elementary and Secondary 2393
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide 2394
transportation for students who enroll in alternative buildings 2395
under division (E)(1)(b) or (E)(2)(a) of this section, unless the 2396
district can satisfy all demand for transportation with a lesser 2397
amount, and at least an amount equal to five per cent of the funds 2398
it receives under Title I, Part A of the "Elementary and Secondary 2399
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs 2400
of the supplemental educational services provided to students 2401
under division (E)(2)(b) of this section, unless the district can 2402
pay the costs of such services for all students requesting them 2403
with a lesser amount. If an amount equal to twenty per cent of the 2404
funds the district receives under Title I, Part A of the 2405
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 2406
to 6339, is insufficient to satisfy all demand for transportation 2407
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay 2408
the costs of all of the supplemental educational services provided 2409
to students under division (E)(2)(b) of this section, the district 2410
shall grant priority over all other students in providing 2411
transportation and in paying the costs of supplemental educational 2412
services to the lowest achieving students among the subgroup 2413
described in division (B)(3) of section 3302.01 of the Revised 2414
Code.2415

       Any district that does not receive funds under Title I, Part 2416
A of the "Elementary and Secondary Education Act of 1965," 20 2417
U.S.C. 6311 to 6339, shall not be required to provide 2418
transportation to any student who enrolls in an alternative 2419
building under division (E)(2)(a) of this section or to pay the 2420
costs of supplemental educational services provided to any student 2421
under division (E)(2)(b) of this section.2422

       No student who enrolls in an alternative building under 2423
division (E)(2)(a) of this section shall be eligible for 2424
supplemental educational services under division (E)(2)(b) of this 2425
section.2426

       (3) For any school building that fails to make adequate 2427
yearly progress for four consecutive school years, the district 2428
shall continue to comply with division (E)(2) of this section and 2429
shall implement at least one of the following options with respect 2430
to the building:2431

       (a) Institute a new curriculum that is consistent with the 2432
statewide academic standards adopted pursuant to division (A) of 2433
section 3301.079 of the Revised Code;2434

       (b) Decrease the degree of authority the building has to 2435
manage its internal operations;2436

       (c) Appoint an outside expert to make recommendations for 2437
improving the academic performance of the building. The district 2438
may request the department to establish a state intervention team 2439
for this purpose pursuant to division (G) of this section.2440

       (d) Extend the length of the school day or year;2441

       (e) Replace the building principal or other key personnel;2442

       (f) Reorganize the administrative structure of the building.2443

       (4) For any school building that fails to make adequate 2444
yearly progress for five consecutive school years, the district 2445
shall continue to comply with division (E)(2) of this section and 2446
shall develop a plan during the next succeeding school year to 2447
improve the academic performance of the building, which shall 2448
include at least one of the following options:2449

       (a) Reopen the school as a community school under Chapter 2450
3314. of the Revised Code;2451

       (b) Replace personnel;2452

       (c) Contract with a nonprofit or for-profit entity to operate 2453
the building;2454

       (d) Turn operation of the building over to the department;2455

       (e) Other significant restructuring of the building's 2456
governance.2457

       (5) For any school building that fails to make adequate 2458
yearly progress for six consecutive school years, the district 2459
shall continue to comply with division (E)(2) of this section and 2460
shall implement the plan developed pursuant to division (E)(4) of 2461
this section.2462

       (6) A district shall continue to comply with division 2463
(E)(1)(b) or (E)(2) of this section, whichever was most recently 2464
applicable, with respect to any building formerly subject to one 2465
of those divisions until the building makes adequate yearly 2466
progress for two consecutive school years.2467

       (F) This division applies only to school districts that have 2468
been identified for improvement by the department pursuant to the 2469
"No Child Left Behind Act of 2001." It does not apply to any such 2470
district after June 30, 2008.2471

       (1) If a school district has been identified for improvement 2472
for one school year, the district shall provide a written 2473
description of the continuous improvement plan developed by the 2474
district pursuant to division (B) of this section to the parent or 2475
guardian of each student enrolled in the district. If the district 2476
does not have a continuous improvement plan, the district shall 2477
develop such a plan in accordance with division (B) of this 2478
section and provide a written description of the plan to the 2479
parent or guardian of each student enrolled in the district.2480

       (2) If a school district has been identified for improvement 2481
for two consecutive school years, the district shall continue to 2482
implement the continuous improvement plan developed by the 2483
district pursuant to division (B) or (F)(1) of this section.2484

       (3) If a school district has been identified for improvement 2485
for three consecutive school years, the department shall take at 2486
least one of the following corrective actions with respect to the 2487
district:2488

       (a) Withhold a portion of the funds the district is entitled 2489
to receive under Title I, Part A of the "Elementary and Secondary 2490
Education Act of 1965," 20 U.S.C. 6311 to 6339;2491

       (b) Direct the district to replace key district personnel;2492

       (c) Institute a new curriculum that is consistent with the 2493
statewide academic standards adopted pursuant to division (A) of 2494
section 3301.079 of the Revised Code;2495

       (d) Establish alternative forms of governance for individual 2496
school buildings within the district;2497

       (e) Appoint a trustee to manage the district in place of the 2498
district superintendent and board of education.2499

       The department shall conduct individual audits of a sampling 2500
of districts subject to this division to determine compliance with 2501
the corrective actions taken by the department.2502

       (4) If a school district has been identified for improvement 2503
for four consecutive school years, the department shall continue 2504
to monitor implementation of the corrective action taken under 2505
division (F)(3) of this section with respect to the district.2506

       (5) If a school district has been identified for improvement 2507
for five consecutive school years, the department shall take at 2508
least one of the corrective actions identified in division (F)(3) 2509
of this section with respect to the district, provided that the 2510
corrective action the department takes is different from the 2511
corrective action previously taken under division (F)(3) of this 2512
section with respect to the district.2513

       (G) The department may establish a state intervention team to 2514
evaluate all aspects of a school district or building, including 2515
management, curriculum, instructional methods, resource 2516
allocation, and scheduling. Any such intervention team shall be 2517
appointed by the department and shall include teachers and 2518
administrators recognized as outstanding in their fields. The 2519
intervention team shall make recommendations regarding methods for 2520
improving the performance of the district or building.2521

       The department shall not approve a district's request for an 2522
intervention team under division (E)(3) of this section if the 2523
department cannot adequately fund the work of the team, unless the 2524
district agrees to pay for the expenses of the team.2525

       (H) The department shall conduct individual audits of a 2526
sampling of community schools established under Chapter 3314. of 2527
the Revised Code to determine compliance with this section.2528

       (I) The state board shall adopt rules for implementing this 2529
section.2530

       Sec. 3302.041. (A) On and after July 1, 2008, in accordance 2531
with the No Child Left Behind Act of 2001, school districts and 2532
school buildings shall continue to be identified for improvement 2533
for failing to make adequate yearly progress for two or more 2534
consecutive school years. 2535

       (B) Beginning July 1, 2008, and contingent upon continued 2536
approval by the United States department of education, each school 2537
district that has been identified for improvement, or that 2538
contains a school building that has been identified for 2539
improvement, shall implement all corrective actions required by 2540
the model of differentiated accountability developed by the Ohio 2541
department of education and approved by the United States 2542
department of education. In any school year in which a district is 2543
subject to this division, the Ohio department of education shall 2544
notify the district, prior to the district's opening date, of the 2545
corrective actions it is required to implement in that school 2546
year.2547

       Sec. 3302.05.  The state board of education shall adopt rules 2548
freeing school districts declared to be excellent under division 2549
(B)(1) or effective under division (B)(2) of section 3302.03 of 2550
the Revised Code from specified state mandates if one of the 2551
following applies:2552

       (A) For the 2011-2012 school year, the school district was 2553
declared to be excellent under section 3302.03 of the Revised 2554
Code, as that section existed prior to the effective date of this 2555
section and had above expected growth in the overall value-added 2556
measure.2557

       (B) For the 2012-2013 school year, the school district 2558
received a grade of "A" for the number of performance indicators 2559
met under division (A)(1)(c) of section 3302.03 of the Revised 2560
Code and for the value-added dimension under division (A)(1)(e) of 2561
section 3302.03 of the Revised Code.2562

       (C) For the 2013-2014 school year, the school district 2563
received a grade of "A" for the number of performance indicators 2564
met under division (B)(1)(c) of section 3302.03 of the Revised 2565
Code and for the value-added dimension under division (B)(1)(e) of 2566
section 3302.03 of the Revised Code.2567

       (D) For the 2014-2015 school year and for each school year 2568
thereafter, the school district received an overall grade of "A" 2569
under division (C)(3) of section 3302.03 of the Revised Code. Any2570

       Any mandates included in the rules shall be only those 2571
statutes or rules pertaining to state education requirements. The 2572
rules shall not exempt districts from any operating standard 2573
adopted under division (D)(3) of section 3301.07 of the Revised 2574
Code.2575

       Sec. 3302.10.  (A) Beginning July 1, 2007, the superintendent 2576
of public instruction shall establish an academic distress 2577
commission for each school district that meets any of the 2578
following conditions for three or more consecutive years:2579

        (1) The district has been declared to be in a state of 2580
academic emergency pursuant tounder section 3302.03 of the 2581
Revised Code, as that section existed prior to the effective date 2582
of this amendment, and has failed to make adequate yearly progress 2583
for four or more consecutive school years;2584

        (2) The district has received a grade of "F" for the 2585
performance index score and a grade of "D" or "F" for the 2586
value-added progress dimension of section 3302.03 of the Revised 2587
Code;2588

        (3) The district has received an overall grade of "F" under 2589
division (C)(2) or a grade of "F" for the value-added progress 2590
dimension under division (C)(1)(e) of section 3302.03 of the 2591
Revised Code;2592

        (4) At least fifty per cent of the schools operated by the 2593
district have received an overall grade of "D" or "F" under 2594
division (C)(3) of section 3302.03 of the Revised Code. Each2595

       Each commission shall assist the district for which it was 2596
established in improving the district's academic performance.2597

       Each commission is a body both corporate and politic, 2598
constituting an agency and instrumentality of the state and 2599
performing essential governmental functions of the state. A 2600
commission shall be known as the "academic distress commission for 2601
............... (name of school district)," and, in that name, may 2602
exercise all authority vested in such a commission by this 2603
section. A separate commission shall be established for each 2604
school district to which this division applies.2605

       (B) Each academic distress commission shall consist of five 2606
voting members, three of whom shall be appointed by the 2607
superintendent of public instruction and two of whom shall be 2608
residents of the applicable school district appointed by the 2609
president of the district board of education. When a school 2610
district becomes subject to this section, the superintendent of 2611
public instruction shall provide written notification of that fact 2612
to the district board of education and shall request the president 2613
of the district board to submit to the superintendent of public 2614
instruction, in writing, the names of the president's appointees 2615
to the commission. The superintendent of public instruction and 2616
the president of the district board shall make appointments to the 2617
commission within thirty days after the district is notified that 2618
it is subject to this section.2619

        Members of the commission shall serve at the pleasure of 2620
their appointing authority during the life of the commission. In 2621
the event of the death, resignation, incapacity, removal, or 2622
ineligibility to serve of a member, the appointing authority shall 2623
appoint a successor within fifteen days after the vacancy occurs. 2624
Members shall serve without compensation, but shall be paid by the 2625
commission their necessary and actual expenses incurred while 2626
engaged in the business of the commission.2627

       (C) Immediately after appointment of the initial members of 2628
an academic distress commission, the superintendent of public 2629
instruction shall call the first meeting of the commission and 2630
shall cause written notice of the time, date, and place of that 2631
meeting to be given to each member of the commission at least 2632
forty-eight hours in advance of the meeting. The first meeting 2633
shall include an overview of the commission's roles and 2634
responsibilities, the requirements of section 2921.42 and Chapter 2635
102. of the Revised Code as they pertain to commission members, 2636
the requirements of section 121.22 of the Revised Code, and the 2637
provisions of division (F) of this section. At its first meeting, 2638
the commission shall adopt temporary bylaws in accordance with 2639
division (D) of this section to govern its operations until the 2640
adoption of permanent bylaws.2641

        The superintendent of public instruction shall designate a 2642
chairperson for the commission from among the members appointed by 2643
the superintendent. The chairperson shall call and conduct 2644
meetings, set meeting agendas, and serve as a liaison between the 2645
commission and the district board of education. The chairperson 2646
also shall appoint a secretary, who shall not be a member of the 2647
commission.2648

        The department of education shall provide administrative 2649
support for the commission, provide data requested by the 2650
commission, and inform the commission of available state resources 2651
that could assist the commission in its work.2652

        (D) Each academic distress commission may adopt and alter 2653
bylaws and rules, which shall not be subject to section 111.15 or 2654
Chapter 119. of the Revised Code, for the conduct of its affairs 2655
and for the manner, subject to this section, in which its powers 2656
and functions shall be exercised and embodied.2657

        (E) Three members of an academic distress commission 2658
constitute a quorum of the commission. The affirmative vote of 2659
three members of the commission is necessary for any action taken 2660
by vote of the commission. No vacancy in the membership of the 2661
commission shall impair the rights of a quorum by such vote to 2662
exercise all the rights and perform all the duties of the 2663
commission. Members of the commission are not disqualified from 2664
voting by reason of the functions of any other office they hold 2665
and are not disqualified from exercising the functions of the 2666
other office with respect to the school district, its officers, or 2667
the commission.2668

        (F) The members of an academic distress commission, the 2669
superintendent of public instruction, and any person authorized to 2670
act on behalf of or assist them shall not be personally liable or 2671
subject to any suit, judgment, or claim for damages resulting from 2672
the exercise of or failure to exercise the powers, duties, and 2673
functions granted to them in regard to their functioning under 2674
this section, but the commission, superintendent of public 2675
instruction, and such other persons shall be subject to mandamus 2676
proceedings to compel performance of their duties under this 2677
section.2678

        (G) Each member of an academic distress commission shall file 2679
the statement described in section 102.02 of the Revised Code with 2680
the Ohio ethics commission. The statement shall be confidential, 2681
subject to review, as described in division (B) of that section.2682

        (H) Meetings of each academic distress commission shall be 2683
subject to section 121.22 of the Revised Code.2684

        (I)(1) Within one hundred twenty days after the first meeting 2685
of an academic distress commission, the commission shall adopt an 2686
academic recovery plan to improve academic performance in the 2687
school district. The plan shall address academic problems at both 2688
the district and school levels. The plan shall include the 2689
following:2690

        (a) Short-term and long-term actions to be taken to improve 2691
the district's academic performance, including any actions 2692
required by section 3302.04 or 3302.041 of the Revised Code;2693

        (b) The sequence and timing of the actions described in 2694
division (I)(1)(a) of this section and the persons responsible for 2695
implementing the actions;2696

        (c) Resources that will be applied toward improvement 2697
efforts;2698

        (d) Procedures for monitoring and evaluating improvement 2699
efforts;2700

        (e) Requirements for reporting to the commission and the 2701
district board of education on the status of improvement efforts.2702

        (2) The commission may amend the academic recovery plan 2703
subsequent to adoption. The commission shall update the plan at 2704
least annually.2705

        (3) The commission shall submit the academic recovery plan it 2706
adopts or updates to the superintendent of public instruction for 2707
approval immediately following its adoption or updating. The 2708
superintendent shall evaluate the plan and either approve or 2709
disapprove it within thirty days after its submission. If the plan 2710
is disapproved, the superintendent shall recommend modifications 2711
that will render it acceptable. No academic distress commission 2712
shall implement an academic recovery plan unless the 2713
superintendent has approved it.2714

        (4) County, state, and school district officers and employees 2715
shall assist the commission diligently and promptly in the 2716
implementation of the academic recovery plan.2717

        (J) Each academic distress commission shall seek input from 2718
the district board of education regarding ways to improve the 2719
district's academic performance, but any decision of the 2720
commission related to any authority granted to the commission 2721
under this section shall be final.2722

       The commission may do any of the following:2723

       (1) Appoint school building administrators and reassign 2724
administrative personnel;2725

       (2) Terminate the contracts of administrators or 2726
administrative personnel. The commission shall not be required to 2727
comply with section 3319.16 of the Revised Code with respect to 2728
any contract terminated under this division.2729

       (3) Contract with a private entity to perform school or 2730
district management functions;2731

       (4) Establish a budget for the district and approve district 2732
appropriations and expenditures, unless a financial planning and 2733
supervision commission has been established for the district 2734
pursuant to section 3316.05 of the Revised Code.2735

       (K) If the board of education of a district for which an 2736
academic distress commission has been established under this 2737
section renews any collective bargaining agreement under Chapter 2738
4117. of the Revised Code during the existence of the commission, 2739
the district board shall not enter into any agreement that would 2740
render any decision of the commission unenforceable. Section 2741
3302.08 of the Revised Code does not apply to this division.2742

       Notwithstanding any provision to the contrary in Chapter 2743
4117. of the Revised Code, if the board of education has entered 2744
into a collective bargaining agreement after September 29, 2005, 2745
that contains stipulations relinquishing one or more of the rights 2746
or responsibilities listed in division (C) of section 4117.08 of 2747
the Revised Code, those stipulations are not enforceable and the 2748
district board shall resume holding those rights or 2749
responsibilities as if it had not relinquished them in that 2750
agreement until such time as both the academic distress commission 2751
ceases to exist and the district board agrees to relinquish those 2752
rights or responsibilities in a new collective bargaining 2753
agreement. The provisions of this paragraph apply to a collective 2754
bargaining agreement entered into after September 29, 2005, and 2755
those provisions are deemed to be part of that agreement 2756
regardless of whether the district satisfied the conditions 2757
prescribed in division (A) of this section at the time the 2758
district entered into that agreement.2759

       (L) An academic distress commission shall cease to exist when 2760
the district for which it was established receives a performance 2761
rating under section 3302.03 of the Revised Code of in need of 2762
continuous improvement or better, under section 3302.03 of the 2763
Revised Code as that section existed prior to the effective date 2764
of this amendment, or a grade of "C" or better for both the 2765
performance index score under division (A)(1)(b), (B)(1)(b), or 2766
(C)(1)(b) and the value-added progress dimension under division 2767
(A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the 2768
Revised Code for two of the three prior school years; however, the 2769
superintendent of public instruction may dissolve the commission 2770
earlier if the superintendent determines that the district can 2771
perform adequately without the supervision of the commission. Upon 2772
termination of the commission, the department of education shall 2773
compile a final report of the commission's activities to assist 2774
other academic distress commissions in the conduct of their 2775
functions.2776

       Sec. 3302.12.  (A)(1) Except as provided in divisions (C) and 2777
(D) of this section, for anythis section applies to a school 2778
building that is ranked according to performance index score under 2779
section 3302.21 of the Revised Code in the lowest five per cent of 2780
all public school buildings statewide for three consecutive years 2781
and that meets any combination of the following for three 2782
consecutive years:2783

        (a) The school building is declared to be under an academic 2784
watch or in a state of academic emergency under section 3302.03 of 2785
the Revised Code,;2786

       (b) The school building that has received a grade of "F" for 2787
the value-added progress dimension under division (A)(1)(e), 2788
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;2789

        (c) The school building that has received an overall grade of 2790
"F" under section 3302.03 of the Revised Code.2791

        (2) In the case of a building to which this section applies,2792
the district board of education in control of that building shall 2793
do one of the following at the conclusion of the school year in 2794
which the building first becomes subject to this division2795
section:2796

       (1)(a) Close the school and direct the district 2797
superintendent to reassign the students enrolled in the school to 2798
other school buildings that demonstrate higher academic 2799
achievement;2800

       (2)(b) Contract with another school district or a nonprofit 2801
or for-profit entity with a demonstrated record of effectiveness 2802
to operate the school;2803

       (3)(c) Replace the principal and all teaching staff of the 2804
school and, upon request from the new principal, exempt the school 2805
from all requested policies and regulations of the board regarding 2806
curriculum and instruction. The board also shall distribute 2807
funding to the school in an amount that is at least equal to the 2808
product of the per pupil amount of state and local revenues 2809
received by the district multiplied by the student population of 2810
the school.2811

       (4)(d) Reopen the school as a conversion community school 2812
under Chapter 3314. of the Revised Code.2813

       (B) If an action taken by the board under division (A)(2) of 2814
this section causes the district to no longer maintain all grades 2815
kindergarten through twelve, as required by section 3311.29 of the 2816
Revised Code, the board shall enter into a contract with another 2817
school district pursuant to section 3327.04 of the Revised Code 2818
for enrollment of students in the schools of that other district 2819
to the extent necessary to comply with the requirement of section 2820
3311.29 of the Revised Code. Notwithstanding any provision of the 2821
Revised Code to the contrary, if the board enters into and 2822
maintains a contract under section 3327.04 of the Revised Code, 2823
the district shall not be considered to have failed to comply with 2824
the requirement of section 3311.29 of the Revised Code. If, 2825
however, the district board fails to or is unable to enter into or 2826
maintain such a contract, the state board of education shall take 2827
all necessary actions to dissolve the district as provided in 2828
division (A) of section 3311.29 of the Revised Code.2829

       (C) If a particular school is required to restructure under 2830
this section and a petition with respect to that same school has 2831
been filed and verified under divisions (B) and (C) of section 2832
3302.042 of the Revised Code, the provisions of that section and 2833
the petition filed and verified under it shall prevail over the 2834
provisions of this section and the school shall be restructured 2835
under that section. However, if division (D)(1), (2), or (3) of 2836
section 3302.042 of the Revised Code also applies to the school, 2837
the school shall be subject to restructuring under this section 2838
and not section 3302.042 of the Revised Code.2839

       If the provisions of this section conflict in any way with 2840
the requirements of federal law, federal law shall prevail over 2841
the provisions of this section.2842

       (D) If a school is restructured under this section, section 2843
3302.042 or 3302.10 of the Revised Code, or federal law, the 2844
school shall not be required to restructure again under state law 2845
for three consecutive years after the implementation of that prior 2846
restructuring.2847

       Sec. 3302.20.  (A) The department of education shall develop 2848
standards for determining, from the existing data reported in 2849
accordance with sections 3301.0714 and 3314.17 of the Revised 2850
Code, the amount of annual operating expenditures for classroom 2851
instructional purposes and for nonclassroom purposes for each 2852
city, exempted village, local, and joint vocational school 2853
district, each community school established under Chapter 3314. 2854
that is not an internet- or computer-based community school, each 2855
internet- or computer-based community school, and each STEM school 2856
established under Chapter 3326. of the Revised Code. The 2857
department shall present those standards to the state board of 2858
education for consideration. In developing the standards, the 2859
department shall adapt existing standards used by professional 2860
organizations, research organizations, and other state 2861
governments. The department also shall align the expenditure 2862
categories required for reporting under the standards with the 2863
categories that are required for reporting to the United States 2864
department of education under federal law.2865

       The state board shall consider the proposed standards and 2866
adopt a final set of standards not later than December 31, 2012. 2867
School districts, community schools, and STEM schools shall begin 2868
reporting data in accordance with the standards on July 1June 30, 2869
2013. 2870

       (B)(1) The department shall categorize all city, exempted 2871
village, and local school districts into not less than three nor 2872
more than five groups based primarily on average daily student 2873
enrollment as reported on the most recent report card issued for 2874
each district under section 3302.03 of the Revised Code. 2875

       (2) The department shall categorize all joint vocational 2876
school districts into not less than three nor more than five 2877
groups based primarily on average daily membership as reported 2878
under division (D) of section 3317.03 of the Revised Code rounded 2879
to the nearest whole number.2880

       (3) The department shall categorize all community schools 2881
that are not internet- or computer-based community schools into 2882
not less than three nor more than five groups based primarily on 2883
average daily student enrollment as reported on the most recent 2884
report card issued for each community school under sections 2885
3302.03 and 3314.012 of the Revised Code or, in the case of a 2886
school to which section 3314.017 of the Revised Code applies, on 2887
the total number of students reported under divisions (B)(2)(a) 2888
and (b) of section 3314.08 of the Revised Code.2889

       (4) The department shall categorize all internet- or 2890
computer-based community schools into a single category.2891

       (5) The department shall categorize all STEM schools into a 2892
single category.2893

       (C) Using the standards adopted under division (A) of this 2894
section and the data reported under sections 3301.0714 and 3314.17 2895
of the Revised Code, the department shall compute annually for 2896
each fiscal year, the following:2897

       (1) The percentage of each district's, community school's, or 2898
STEM school's total operating budget spent for classroom 2899
instructional purposes;2900

       (2) The statewide average percentage for all districts, 2901
community schools, and STEM schools combined spent for classroom 2902
instructional purposes;2903

       (3) The average percentage for each of the categories of 2904
districts and schools established under division (B) of this 2905
section spent for classroom instructional purposes;2906

       (4) The ranking of each district, community school, or STEM 2907
school within its respective category established under division 2908
(B) of this section according to the following:2909

       (a) From highest to lowest percentage spent for classroom 2910
instructional purposes;2911

       (b) From lowest to highest percentage spent for 2912
noninstructional purposes. 2913

       (D) In its display of rankings within each category under 2914
division (C)(4) of this section, the department shall make the 2915
following notations:2916

       (1) Within each category of city, exempted village, and local 2917
school districts, the department shall denote each district that 2918
is:2919

       (a) Among the twenty per cent of all city, exempted village, 2920
and local school districts statewide with the lowest total 2921
operating expenditures per pupil;2922

       (b) Among the twenty per cent of all city, exempted village, 2923
and local school districts statewide with the highest performance 2924
index scores.2925

       (2) Within each category of joint vocational school 2926
districts, the department shall denote each district that is:2927

       (a) Among the twenty per cent of all joint vocational school 2928
districts statewide with the lowest total operating expenditures 2929
per pupil;2930

       (b) Among the twenty per cent of all joint vocational school 2931
districts statewide with the highest report card scores under 2932
section 3302.033 of the Revised Code.2933

       (3) Within each category of community schools that are not 2934
internet- or computer-based community schools, the department 2935
shall denote each school that is:2936

       (a) Among the twenty per cent of all such community schools 2937
statewide with the lowest total operating expenditures per pupil;2938

       (b) Among the twenty per cent of all such community schools 2939
statewide with the highest performance index scores, excluding 2940
such community schools to which section 3314.017 of the Revised 2941
Code applies. 2942

       (4) Within the category of internet- or computer-based 2943
community schools, the department shall denote each school that 2944
is:2945

       (a) Among the twenty per cent of all such community schools 2946
statewide with the lowest total operating expenditures per pupil;2947

       (b) Among the twenty per cent of all such community schools 2948
statewide with the highest performance index scores, excluding 2949
such community schools to which section 3314.017 of the Revised 2950
Code applies.2951

       (5) Within the category of STEM schools, the department shall 2952
denote each school that is:2953

       (a) Among the twenty per cent of all STEM schools statewide 2954
with the lowest total operating expenditures per pupil;2955

       (b) Among the twenty per cent of all STEM schools statewide 2956
with the highest performance index scores.2957

       For purposes of divisions (D)(3)(b) and (4)(b) of this 2958
section, the display shall note that, in accordance with section 2959
3314.017 of the Revised Code, a performance index score is not 2960
reported for some community schools that serve primarily students 2961
enrolled in dropout prevention and recovery programs.2962

       (E) The department shall post in a prominent location on its 2963
web site the information prescribed by divisions (C) and (D) of 2964
this section. The department also shall include on each 2965
district's, community school's, and STEM school's annual report 2966
card issued under section 3302.03 or 3314.017 of the Revised Code 2967
the respective information computed for the district or school 2968
under divisions (C)(1) and (4) of this section, the statewide 2969
information computed under division (C)(2) of this section, and 2970
the information computed for the district's or school's category 2971
under division (C)(3) of this section. 2972

       (F) As used in this section:2973

       (1) "Internet- or computer-based community school" has the 2974
same meaning as in section 3314.02 of the Revised Code.2975

       (2) A school district's, community school's, or STEM school's 2976
performance index score rank is its performance index score rank 2977
as computed under section 3302.21 of the Revised Code.2978

       Sec. 3302.21.  (A) The department of education shall develop 2979
a system to rank order all city, exempted village, and local 2980
school districts, community schools established under Chapter 2981
3314. of the Revised Code except those community schools to which 2982
section 3314.017 of the Revised Code applies, and STEM schools 2983
established under Chapter 3326. of the Revised Code according to 2984
the following measures:2985

       (1) Performance index score for each school district, 2986
community school, and STEM school and for each separate building 2987
of a district, community school, or STEM school. For districts, 2988
schools, or buildings to which the performance index score does 2989
not apply, the superintendent of public instruction shallmay2990
develop another measure of student academic performance based on 2991
similar data and performance measures if appropriate and use that 2992
measure to include those buildings in the ranking so that all2993
districts, schools, and buildings may be reliably compared to each 2994
other.2995

       (2) Student performance growth from year to year, using the 2996
value-added progress dimension, if applicable, and other measures 2997
of student performance growth designated by the superintendent of 2998
public instruction for subjects and grades not covered by the 2999
value-added progress dimension or the alternative student academic 3000
progress measure if adopted under division (C)(1)(e) of section 3001
3302.03 of the Revised Code;3002

       (3) Current operating expenditures per pupil as determined 3003
under standards adopted by the state board of education under 3004
section 3302.20 of the Revised Code;3005

       (4) Of total current operating expenditures, percentage spent 3006
for classroom instruction as determined under standards adopted by 3007
the state board under section 3302.20 of the Revised Code;3008

       (5) Performance of, and opportunities provided to, students 3009
identified as gifted using value-added progress dimensions, if 3010
applicable, and other relevant measures as designated by the 3011
superintendent of public instruction.3012

       The department shall rank each district, each community 3013
school except a community school to which section 3314.017 of the 3014
Revised Code applies, and each STEM school annually in accordance 3015
with the system developed under this section.3016

       (B) In addition to the reports required by sections 3302.03 3017
and 3302.031 of the Revised Code, not later than the first day of 3018
September each year, the department shall issue a report for each 3019
city, exempted village, and local school district, each community 3020
school except a community school to which section 3314.017 of the 3021
Revised Code applies, and each STEM school indicating the 3022
district's or school's rank on each measure described in divisions 3023
(A)(1) to (4) of this section, including each separate building's 3024
rank among all public school buildings according to performance 3025
index score under division (A)(1) of this section.3026

       Sec. 3310.03.  A student is an "eligible student" for 3027
purposes of the educational choice scholarship pilot program if 3028
the student's resident district is not a school district in which 3029
the pilot project scholarship program is operating under sections 3030
3313.974 to 3313.979 of the Revised Code and the student satisfies 3031
one of the conditions in division (A), (B), or (C) of this 3032
section:3033

       (A)(1) The student is enrolled in a school building that is3034
operated by the student's resident district that, on the report 3035
card issued under section 3302.03 of the Revised Code published 3036
prior to the first day of July of the school year for which a 3037
scholarship is sought, did not receive a rating as described in 3038
division (G) of this section, and to which bothany or a 3039
combination of any of the following apply for two of the three 3040
most recent report cards published prior to the first day of July 3041
of the school year for which a scholarship is sought:3042

       (a) The building was declared, in at least two of the three 3043
most recent ratings of school buildings published prior to the 3044
first day of July of the school year for which a scholarship is 3045
sought, to be in a state of academic emergency or academic watch 3046
under section 3302.03 of the Revised Code;as that section existed 3047
prior to the effective date of this amendment.3048

       (b) The building was not declared to be excellent or 3049
effective under that section in the most recent rating published 3050
prior to the first day of July of the school year for which a 3051
scholarship is soughtThe building received a grade of "D" or "F" 3052
for the performance index score under division (A)(1)(b) or 3053
(B)(1)(b) of section 3302.03 of the Revised Code and for the 3054
value-added progress dimension under division (A)(1)(e) or 3055
(B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013 3056
or 2013-2014 school year, or both; or if the building serves only 3057
grades ten through twelve, the building received a grade of "D" or 3058
"F" for the performance index score under division (A)(1)(b) or 3059
(B)(1)(b) of section 3302.03 of the Revised Code and had a 3060
four-year adjusted cohort graduation rate of less than 3061
seventy-five per cent.3062

        (c) The building received an overall grade of "D" or "F" 3063
under division (C)(3) of section 3302.03 of the Revised Code or a 3064
grade of "F" for the value-added progress dimension under division 3065
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3066
school year or any school year thereafter.3067

       (2) The student is eligible to enroll in kindergarten in the 3068
school year for which a scholarship is sought and otherwise would 3069
be assigned under section 3319.01 of the Revised Code to a school 3070
building described in division (A)(1) of this section.3071

       (3) The student is enrolled in a community school established 3072
under Chapter 3314. of the Revised Code but otherwise would be 3073
assigned under section 3319.01 of the Revised Code to a building 3074
described in division (A)(1) of this section.3075

       (4) The student is enrolled in a school building that is3076
operated by the student's resident district or in a community 3077
school established under Chapter 3314. of the Revised Code and 3078
otherwise would be assigned under section 3319.01 of the Revised 3079
Code to a school building described in division (A)(1) of this 3080
section in the school year for which the scholarship is sought.3081

       (5) The student is eligible to enroll in kindergarten in the 3082
school year for which a scholarship is sought, or is enrolled in a 3083
community school established under Chapter 3314. of the Revised 3084
Code, and all of the following apply to the student's resident 3085
district:3086

        (a) The district has in force an intradistrict open 3087
enrollment policy under which no student in kindergarten or the 3088
community school student's grade level, respectively, is 3089
automatically assigned to a particular school building;3090

       (b) In at least two of the three most recent ratings of 3091
school districts published prior to the first day of July of the 3092
school year for which a scholarship is sought, the district was 3093
declared to be in a state of academic emergency under section 3094
3302.03 of the Revised Code; 3095

       (c) The district was not declared to be excellent or 3096
effective under that section in the most recent rating published 3097
prior to the first day of July of the school year for which a 3098
scholarship is soughtthe most recent rating published prior to 3099
the first day of July of the school year for which scholarship is 3100
sought, the district did not receive a rating described in 3101
division (G) of this section, and in at least two of the three 3102
most recent report cards published prior to the first day of July 3103
of that school year, any or a combination of the following apply 3104
to the district:3105

        (i) The district was declared to be in a state of academic 3106
emergency under section 3302.03 of the Revised Code as it existed 3107
prior to the effective date of this amendment.3108

        (ii) The district received a grade of "D" or "F" for the 3109
performance index score under division (A)(1)(b) or (B)(1)(b) of 3110
section 3302.03 of the Revised Code and for the value-added 3111
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3112
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 3113
school year, or both.3114

        (c) The district received an overall grade of "D" or "F" 3115
under division (C)(3) of section 3302.03 of the Revised Code or a 3116
grade of "F" for the value-added progress dimension under division 3117
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3118
school year or any school year thereafter.3119

       (B)(1) The student is enrolled in a school building that is3120
operated by the student's resident district and to which both of 3121
the following apply:3122

       (a) The building was ranked, for at least two of the three 3123
most recent rankings published under section 3302.21 of the 3124
Revised Code prior to the first day of July of the school year for 3125
which a scholarship is sought, in the lowest ten per cent of all 3126
public school buildings according to performance index score under 3127
section 3302.21 of the Revised Code.3128

       (b) The building was not declared to be excellent or 3129
effective under section 3302.03 of the Revised Code in the most 3130
recent rating published prior to the first day of July of the 3131
school year for which a scholarship is sought.3132

       (2) The student is eligible to enroll in kindergarten in the 3133
school year for which a scholarship is sought and otherwise would 3134
be assigned under section 3319.01 of the Revised Code to a school 3135
building described in division (B)(1) of this section.3136

       (3) The student is enrolled in a community school established 3137
under Chapter 3314. of the Revised Code but otherwise would be 3138
assigned under section 3319.01 of the Revised Code to a building 3139
described in division (B)(1) of this section.3140

       (4) The student is enrolled in a school building that is3141
operated by the student's resident district or in a community 3142
school established under Chapter 3314. of the Revised Code and 3143
otherwise would be assigned under section 3319.01 of the Revised 3144
Code to a school building described in division (B)(1) of this 3145
section in the school year for which the scholarship is sought.3146

       (C) The student is enrolled in a nonpublic school at the time 3147
the school is granted a charter by the state board of education 3148
under section 3301.16 of the Revised Code and the student meets 3149
the standards of division (B) of section 3310.031 of the Revised 3150
Code.3151

        (D) A student who receives a scholarship under the 3152
educational choice scholarship pilot program remains an eligible 3153
student and may continue to receive scholarships in subsequent 3154
school years until the student completes grade twelve, so long as 3155
all of the following apply:3156

       (1) The student's resident district remains the same, or the 3157
student transfers to a new resident district and otherwise would 3158
be assigned in the new resident district to a school building 3159
described in division (A)(1) or (B)(1) of this section; 3160

       (2) The student takes each assessment prescribed for the 3161
student's grade level under section 3301.0710 or 3301.0712 of the 3162
Revised Code while enrolled in a chartered nonpublic school;3163

       (3) In each school year that the student is enrolled in a 3164
chartered nonpublic school, the student is absent from school for 3165
not more than twenty days that the school is open for instruction, 3166
not including excused absences.3167

        (E)(1) The department shall cease awarding first-time 3168
scholarships pursuant to divisions (A)(1) to (4) of this section 3169
with respect to a school building that, in the most recent ratings 3170
of school buildings published under section 3302.03 of the Revised 3171
Code prior to the first day of July of the school year, ceases to 3172
meet the criteria in division (A)(1) of this section. The 3173
department shall cease awarding first-time scholarships pursuant 3174
to division (A)(5) of this section with respect to a school 3175
district that, in the most recent ratings of school districts 3176
published under section 3302.03 of the Revised Code prior to the 3177
first day of July of the school year, ceases to meet the criteria 3178
in division (A)(5) of this section. 3179

       (2) The department shall cease awarding first-time 3180
scholarships pursuant to divisions (B)(1) to (4) of this section 3181
with respect to a school building that, in the most recent ratings 3182
of school buildings under section 3302.03 of the Revised Code 3183
prior to the first day of July of the school year, ceases to meet 3184
the criteria in division (B)(1) of this section. 3185

       (3) However, students who have received scholarships in the 3186
prior school year remain eligible students pursuant to division 3187
(D) of this section.3188

       (F) The state board of education shall adopt rules defining 3189
excused absences for purposes of division (D)(3) of this section.3190

       (G)(1) A student who satisfies only the conditions prescribed 3191
in divisions (A)(1) to (4) of this section shall not be eligible 3192
for a scholarship if the student's resident building meets any of 3193
the following in the most recent rating under section 3302.03 of 3194
the Revised Code published prior to the first day of July of the 3195
school year for which a scholarship is sought:3196

        (a) The building has an overall designation of excellent or 3197
effective under section 3302.03 of the Revised Code as it existed 3198
prior to the effective date of this amendment.3199

        (b) For the 2012-2013 or 2013-2014 school year or both, the 3200
building has a grade of "A" or "B" for the performance index score 3201
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the 3202
Revised Code and for the value-added progress dimension under 3203
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised 3204
Code; or if the building serves only grades ten through twelve, 3205
the building received a grade of "A" or "B" for the performance 3206
index score under division (A)(1)(b) or (B)(1)(b) of section 3207
3302.03 of the Revised Code and had a four-year adjusted cohort 3208
graduation rate of greater than or equal to seventy-five per cent.3209

        (c) For the 2014-2015 school year or any school year 3210
thereafter, the building has a grade of "A" or "B" under division 3211
(C)(3) of section 3302.03 of the Revised Code and a grade of "A" 3212
for the value-added progress dimension under division (C)(1)(e) of 3213
section 3302.03 of the Revised Code; or if the building serves 3214
only grades ten through twelve, the building received a grade of 3215
"A" or "B" for the performance index score under division 3216
(C)(1)(b) of section 3302.03 of the Revised Code and had a 3217
four-year adjusted cohort graduation rate of greater than or equal 3218
to seventy-five per cent.3219

        (2) A student who satisfies only the conditions prescribed in 3220
division (A)(5) of this section shall not be eligible for a 3221
scholarship if the student's resident district meets any of the 3222
following in the most recent rating under section 3302.03 of the 3223
Revised Code published prior to the first day of July of the 3224
school year for which a scholarship is sought:3225

        (a) The district has an overall designation of excellent or 3226
effective under section 3302.03 of the Revised Code as it existed 3227
prior to the effective date of this amendment.3228

        (b) The district has a grade of "A" or "B" for the 3229
performance index score under division (A)(1)(b) or (B)(1)(b) of 3230
section 3302.03 of the Revised Code and for the value-added 3231
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3232
section 3302.03 of the Revised Code for the 2012-2013 and 3233
2013-2014 school years.3234

        (c) The district has an overall grade of "A" or "B" under 3235
division (C)(3) of section 3302.03 of the Revised Code and a grade 3236
of "A" for the value-added progress dimension under division 3237
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3238
school year or any school year thereafter.3239

       Sec. 3310.06.  It is the policy adopted by the general 3240
assembly that the educational choice scholarship pilot program 3241
shall be construed as one of several educational options available 3242
for students enrolled in academic emergency or academic watch3243
persistently low-performing school buildings. Students may be 3244
enrolled in the schools of the student's resident district, in a 3245
community school established under Chapter 3314. of the Revised 3246
Code, in the schools of another school district pursuant to an 3247
open enrollment policy adopted under section 3313.98 of the 3248
Revised Code, in a chartered nonpublic school with or without a 3249
scholarship under the educational choice scholarship pilot 3250
program, or in other schools as the law may provide.3251

       Sec. 3310.16. For the 2013-2014 school year and each school 3252
year thereafter, the department of education shall conduct two 3253
application periods each year for the educational choice 3254
scholarship pilot program, as follows: 3255

       (A) The first application period shall open not sooner than 3256
the first day of February prior to the first day of July of the 3257
school year for which a scholarship is sought and run not less 3258
than seventy-five days. 3259

       (B) The second application period shall open not sooner than 3260
the first day of July of the school year for which the scholarship 3261
is sought and run not less than thirty days. 3262

       Sec. 3311.741. (A) This section applies only to a municipal 3263
school district in existence on July 1, 2012.3264

       (B) Not later than December 1, 2012, the board of education 3265
of each municipal school district to which this section applies 3266
shall submit to the superintendent of public instruction an array 3267
of measures to be used in evaluating the performance of the 3268
district. The measures shall assess at least overall student 3269
achievement, student progress over time, the achievement and 3270
progress over time of each of the applicable categories of 3271
students described in division (C)(3)(F) of section 3302.03 of the 3272
Revised Code, and college and career readiness. The state 3273
superintendent shall approve or disapprove the measures by January 3274
15, 2013. If the measures are disapproved, the state 3275
superintendent shall recommend modifications that will make the 3276
measures acceptable.3277

       (C) Beginning with the 2012-2013 school year, the board 3278
annually shall establish goals for improvement on each of the 3279
measures approved under division (B) of this section. The school 3280
district's performance data for the 2011-2012 school year shall be 3281
used as a baseline for determining improvement.3282

       (D) Not later than October 1, 2013, and by the first day of 3283
October each year thereafter, the board shall issue a report 3284
describing the school district's performance for the previous 3285
school year on each of the measures approved under division (B) of 3286
this section and whether the district has met each of the 3287
improvement goals established for that year under division (C) of 3288
this section. The board shall provide the report to the governor, 3289
the superintendent of public instruction, and, in accordance with 3290
section 101.68 of the Revised Code, the general assembly.3291

       (E) Not later than November 15, 2017, the superintendent of 3292
public instruction shall evaluate the school district's 3293
performance based on the measures approved under division (B) of 3294
this section and shall issue a report to the governor and general 3295
assembly.3296

       Sec. 3311.80. Notwithstanding any provision of the Revised 3297
Code to the contrary, a municipal school district shall be subject 3298
to this section instead of section 3319.111 of the Revised Code.3299

       (A) Not later than July 1, 2013, the board of education of 3300
each municipal school district and the teachers' labor 3301
organization shall develop and adopt standards-based teacher 3302
evaluation procedures that conform with the framework for 3303
evaluation of teachers developed under section 3319.112 of the 3304
Revised Code. The evaluation procedures shall include at least 3305
formal observations and classroom walk-throughs, which may be 3306
announced or unannounced; examinations of samples of work, such as 3307
lesson plans or assessments designed by a teacher; and multiple 3308
measures of student academic growth.3309

       (B) When using measures of student academic growth as a 3310
component of a teacher's evaluation, those measures shall include 3311
the value-added progress dimension prescribed by section 3302.021 3312
of the Revised Code or the alternative student academic progress 3313
measure if adopted under division (C)(1)(e) of section 3302.03 of 3314
the Revised Code. For teachers of grade levels and subjects for 3315
which the value-added progress dimension or alternative student 3316
academic achievement measure is not applicable, the board shall 3317
administer assessments on the list developed under division (B)(2) 3318
of section 3319.112 of the Revised Code.3319

       (C)(1) Each teacher employed by the board shall be evaluated 3320
at least once each school year, except as provided in division 3321
(C)(2) of this section. The composite evaluation shall be 3322
completed not later than the first day of June and the teacher 3323
shall receive a written report of the results of the composite 3324
evaluation not later than ten days after its completion or the 3325
last teacher work day of the school year, whichever is earlier.3326

       (2) Each teacher who received a rating of accomplished on the 3327
teacher's most recent evaluation conducted under this section may 3328
be evaluated once every two school years, except that the teacher 3329
shall be evaluated in any school year in which the teacher's 3330
contract is due to expire. The biennial composite evaluation shall 3331
be completed not later than the first day of June of the 3332
applicable school year, and the teacher shall receive a written 3333
report of the results of the composite evaluation not later than 3334
ten days after its completion or the last teacher work day of the 3335
school year, whichever is earlier.3336

       (D) Each evaluation conducted pursuant to this section shall 3337
be conducted by one or more of the following persons who have been 3338
trained to conduct evaluations in accordance with criteria that 3339
shall be developed jointly by the chief executive officer of the 3340
district, or the chief executive officer's designee, and the 3341
teachers' labor organization:3342

       (1) The chief executive officer or a subordinate officer of 3343
the district with responsibility for instruction or academic 3344
affairs;3345

       (2) A person who is under contract with the board pursuant to 3346
section 3319.02 of the Revised Code and holds a license designated 3347
for being a principal issued under section 3319.22 of the Revised 3348
Code;3349

       (3) A person who is under contract with the board pursuant to 3350
section 3319.02 of the Revised Code and holds a license designated 3351
for being a vocational director or a supervisor in any educational 3352
area issued under section 3319.22 of the Revised Code;3353

       (4) A person designated to conduct evaluations under an 3354
agreement providing for peer assistance and review entered into by 3355
the board and the teachers' labor organization.3356

       (E) The evaluation procedures shall describe how the 3357
evaluation results will be used for decisions regarding 3358
compensation, retention, promotion, and reductions in force and 3359
for removal of poorly performing teachers.3360

       (F) A teacher may challenge any violations of the evaluation 3361
procedures in accordance with the grievance procedure specified in 3362
any applicable collective bargaining agreement. A challenge under 3363
this division is limited to the determination of procedural errors 3364
that have resulted in substantive harm to the teacher and to 3365
ordering the correction of procedural errors. The failure of the 3366
board or a person conducting an evaluation to strictly comply with 3367
any deadline or evaluation forms established as part of the 3368
evaluation process shall not be cause for an arbitrator to 3369
determine that a procedural error occurred, unless the arbitrator 3370
finds that the failure resulted in substantive harm to the 3371
teacher. The arbitrator shall have no jurisdiction to modify the 3372
evaluation results, but the arbitrator may stay any decision taken 3373
pursuant to division (E) of this section pending the board's 3374
correction of any procedural error. The board shall correct any 3375
procedural error within fifteen business days after the 3376
arbitrator's determination that a procedural error occurred.3377

       (G) Notwithstanding any provision to the contrary in Chapter 3378
4117. of the Revised Code, the requirements of this section 3379
prevail over any conflicting provisions of a collective bargaining 3380
agreement entered into on or after the effective date of this 3381
sectionOctober 1, 2012. However, the board and the teachers' 3382
labor organization may negotiate additional evaluation procedures, 3383
including an evaluation process incorporating peer assistance and 3384
review, provided the procedures are consistent with this section.3385

        (H) This section does not apply to administrators appointed 3386
by the chief executive officer of a municipal school district 3387
under section 3311.72 of the Revised Code, administrators subject 3388
to evaluation procedures under section 3311.84 or 3319.02 of the 3389
Revised Code, or to any teacher employed as a substitute for less 3390
than one hundred twenty days during a school year pursuant to 3391
section 3319.10 of the Revised Code.3392

       Sec. 3313.473. (A) This section does not apply to any school 3393
district declared to be excellent or effective pursuant to 3394
division (B)(1) or (2) of section 3302.03 of the Revised Codeto 3395
which one of the following applies:3396

       (1) For the 2011-2012 school year, the school district was 3397
declared to be excellent or effective under section 3302.03 of the 3398
Revised Code, as that section existed prior to the effective date 3399
of this section.3400

       (2) For the 2012-2013 school year, the school district 3401
received a grade of "A" or "B" for the performance index score 3402
under division (A)(1)(b) and for the value-added dimension under 3403
division (A)(1)(e) of section 3302.03 of the Revised Code.3404

       (3) For the 2013-2014 school year, the school district 3405
received a grade of "A" or "B" for the performance index score 3406
under division (B)(1)(b) and for the value-added dimension under 3407
division (B)(1)(e) of section 3302.03 of the Revised Code.3408

       (4) For the 2014-2015 school year and for any school year 3409
thereafter, the school district received an overall grade of "A" 3410
or "B" under division (C)(3) of section 3302.03 of the Revised 3411
Code.3412

       (A)(B) The state board of education shall adopt rules 3413
requiring school districts with a total student count of over five 3414
thousand, as determined pursuant to section 3317.03 of the Revised 3415
Code, to designate one school building to be operated by a 3416
site-based management council. The rules shall specify the 3417
composition of the council and the manner in which members of the 3418
council are to be selected and removed.3419

       (B)(C) The rules adopted under division (A)(B) of this 3420
section shall specify those powers, duties, functions, and 3421
responsibilities that shall be vested in the management council 3422
and that would otherwise be exercised by the district board of 3423
education. The rules shall also establish a mechanism for 3424
resolving any differences between the council and the district 3425
board if there is disagreement as to their respective powers, 3426
duties, functions, and responsibilities.3427

       (C)(D) The board of education of any school district 3428
described by division (A)(B) of this section may, in lieu of 3429
complying with the rules adopted under this section, file with the 3430
department of education an alternative structure for a district 3431
site-based management program in at least one of its school 3432
buildings. The proposal shall specify the composition of the 3433
council, which shall include an equal number of parents and 3434
teachers and the building principal, and the method of selection 3435
and removal of the council members. The proposal shall also 3436
clearly delineate the respective powers, duties, functions, and 3437
responsibilities of the district board and the council. The 3438
district's proposal shall comply substantially with the rules 3439
adopted under division (A)(B) of this section.3440

       Sec. 3313.608.  (A)(1) Beginning with students who enter 3441
third grade in the school year that starts July 1, 2009, and until 3442
June 30, 2013, for any student who attains a score in the range 3443
designated under division (A)(3) of section 3301.0710 of the 3444
Revised Code on the assessment prescribed under that section to 3445
measure skill in English language arts expected at the end of 3446
third grade, each school district, in accordance with the policy 3447
adopted under section 3313.609 of the Revised Code, shall do one 3448
of the following:3449

       (a) Promote the student to fourth grade if the student's 3450
principal and reading teacher agree that other evaluations of the 3451
student's skill in reading demonstrate that the student is 3452
academically prepared to be promoted to fourth grade;3453

       (b) Promote the student to fourth grade but provide the 3454
student with intensive intervention services in fourth grade;3455

       (c) Retain the student in third grade.3456

        (2) Beginning with students who enter third grade in the 3457
2013-2014 school year, no school district shall promote to fourth 3458
grade any student who attains a score in the range designated 3459
under division (A)(3) of section 3301.0710 of the Revised Code on 3460
the assessment prescribed under that section to measure skill in 3461
English language arts expected at the end of third grade, unless 3462
one of the following applies: 3463

       (a) The student is a limited English proficient student who 3464
has been enrolled in United States schools for less than two full 3465
school years and has had less than two years of instruction in an 3466
English as a second language program.3467

       (b) The student is a child with a disability entitled to 3468
special education and related services under Chapter 3323. of the 3469
Revised Code and the student's individualized education program 3470
exempts the student from retention under this division.3471

       (c) The student demonstrates an acceptable level of 3472
performance on an alternative standardized reading assessment as 3473
determined by the department of education.3474

       (d) All of the following apply:3475

       (i) The student is a child with a disability entitled to 3476
special education and related services under Chapter 3323. of the 3477
Revised Code.3478

       (ii) The student has taken the third grade English language 3479
arts achievement assessment prescribed under section 3301.0710 of 3480
the Revised Code.3481

       (iii) The student's individualized education program or plan 3482
under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 3483
355, 29 U.S.C. 794, as amended, shows that the student has 3484
received intensive remediation in reading for two school years but 3485
still demonstrates a deficiency in reading.3486

       (iv) The student previously was retained in any of grades 3487
kindergarten to three.3488

       (e)(i) The student received intensive remediation for reading 3489
for two school years but still demonstrates a deficiency in 3490
reading and was previously retained in any of grades kindergarten 3491
to three.3492

       (ii) A student who is promoted under division (A)(2)(e)(i) of 3493
this section shall continue to receive intensive reading 3494
instruction in grade four. The instruction shall include an 3495
altered instructional day that includes specialized diagnostic 3496
information and specific research-based reading strategies for the 3497
student that have been successful in improving reading among 3498
low-performing readers.3499

       (B)(1) Beginning in the 2012-2013 school year, to assist 3500
students in meeting the third grade guarantee established by this 3501
section, each school district board of education shall adopt 3502
policies and procedures with which it annually shall assess the 3503
reading skills of each student enrolled in kindergarten to third 3504
grade by the thirtieth day of September and shall identify 3505
students who are reading below their grade level. Each district 3506
shall use the diagnostic assessment to measure English language 3507
artsreading ability for the appropriate grade level adopted under 3508
section 3301.079 of the Revised Code, or a comparable tool 3509
approved by the department of education, to identify such 3510
students. The policies and procedures shall require the students' 3511
classroom teachers to be involved in the assessment and the 3512
identification of students reading below grade level. 3513

       (2) For each student identified by the diagnostic assessment 3514
prescribed under this section as having reading skills below grade 3515
level, the district shall do both of the following:3516

       (a) Provide to the student's parent or guardian, in writing, 3517
all of the following:3518

       (i) Notification that the student has been identified as 3519
having a substantial deficiency in reading;3520

       (ii) A description of the current services that are provided 3521
to the student;3522

       (iii) A description of the proposed supplemental 3523
instructional services and supports that will be provided to the 3524
student that are designed to remediate the identified areas of 3525
reading deficiency;3526

       (iv) Notification that if the student attains a score in the 3527
range designated under division (A)(3) of section 3301.0710 of the 3528
Revised Code on the assessment prescribed under that section to 3529
measure skill in English language arts expected at the end of 3530
third grade, the student shall be retained unless the student is 3531
exempt under division (A) of this section. The notification shall 3532
specify that the assessment under section 3301.0710 of the Revised 3533
Code is not the sole determinant of promotion and that additional 3534
evaluations and assessments are available to the student to assist 3535
parents and the district in knowing when a student is reading at 3536
or above grade level and ready for promotion.3537

       (b) Provide intensive reading instruction services and 3538
regular diagnostic assessments to the student immediately 3539
following identification of a reading deficiency, in accordance 3540
withuntil the development of the reading improvement and 3541
monitoring plan required by division (C) of this section. Such3542
These intervention services shall include research-based reading 3543
strategies that have been shown to be successful in improving 3544
reading among low-performing readers and instruction targeted at 3545
the student's identified reading deficiencies.3546

       (3) For each student retained under division (A) of this 3547
section, the district shall do all of the following:3548

       (a) Provide intense remediation services until the student is 3549
able to read at grade level. The remediation services shall 3550
include intensive interventions in reading that address the areas 3551
of deficiencies identified under this section including, but not 3552
limited to, not less than ninety minutes of reading daily3553
instruction per day, and may include any of the following:3554

       (i) Small group instruction;3555

       (ii) Reduced teacher-student ratios;3556

       (iii) More frequent progress monitoring;3557

       (iv) Tutoring or mentoring;3558

       (v) Transition classes containing third and fourth grade 3559
students;3560

       (vi) Extended school day, week, or year;3561

       (vii) Summer reading camps.3562

       (b) Establish a policy for the mid-year promotion of a 3563
student retained under division (A) of this section who 3564
demonstrates that the student is reading at or above grade level; 3565

       (c) Provide each student with a high-performing teacher, as 3566
determined by the teacher's student performance data, when 3567
available, and performance reviewswho satisfies one or more of 3568
the applicable criteria set forth in division (H) of this section.3569

       The district shall offer the option for students to receive 3570
applicable services from one or more providers other than the 3571
district. Providers shall be screened and approved by the district 3572
or the department of education. If the student participates in the 3573
remediation services and demonstrates reading proficiency in 3574
accordance with standards adopted by the department prior to the 3575
start of fourth grade, the district shall promote the student to 3576
that grade.3577

       (4) For each student retained under division (A) of this 3578
section who has demonstrated proficiency in a specific academic 3579
ability field, each district shall provide instruction 3580
commensurate with student achievement levels in that specific 3581
academic ability field.3582

       As used in this division, "specific academic ability field" 3583
has the same meaning as in section 3324.01 of the Revised Code.3584

       (C) For each student required to be provided intervention 3585
services under this section, the district shall develop a reading 3586
improvement and monitoring plan within sixty days after receiving 3587
the student's results on the diagnostic assessment or comparable 3588
tool administered under division (B)(1) of this section. The 3589
district shall involve the student's parent or guardian and 3590
classroom teacher in developing the plan. The plan shall include 3591
all of the following:3592

       (1) Identification of the student's specific reading 3593
deficiencies;3594

       (2) A description of the additional instructional services 3595
and support that will be provided to the student to remediate the 3596
identified reading deficiencies;3597

       (3) Opportunities for the student's parent or guardian to be 3598
involved in the instructional services and support described in 3599
division (C)(2) of this section;3600

       (4) A process for monitoring the extent to which the student 3601
receives the instructional services and support described in 3602
division (C)(2) of this section;3603

       (5) A reading curriculum during regular school hours that 3604
does all of the following:3605

       (a) Assists students to read at grade level;3606

       (b) Provides scientifically based and reliable assessment;3607

       (c) Provides initial and ongoing analysis of each student's 3608
reading progress.3609

       (6) A statement that if the student attains a score in the 3610
range designated under division (A)(3) of section 3301.0710 of the 3611
Revised Code on the assessment prescribed under that section to 3612
measure skill in English language arts expected by the end of 3613
third grade, the student may be retained in third grade.3614

       Each student with a reading improvement and monitoring plan 3615
under this division who enters third grade after July 1, 2013, 3616
shall be assigned to a teacher who has either received a passing 3617
score on a rigorous test of principles of scientifically based 3618
reading instruction approved by the state board of education or 3619
has a reading endorsement on the teacher's licensesatisfies one 3620
or more of the applicable criteria set forth in division (H) of 3621
this section.3622

       The district shall report any information requested by the 3623
department about the reading improvement monitoring plans 3624
developed under this division in the manner required by the 3625
department.3626

       (D) Each school district shall report annually to the 3627
department on its implementation and compliance with this section 3628
using guidelines prescribed by the superintendent of public 3629
instruction. The superintendent of public instruction annually 3630
shall report to the governor and general assembly the number and 3631
percentage of students in grades kindergarten through four reading 3632
below grade level based on the diagnostic assessments administered 3633
under division (B) of this section and the achievement assessments 3634
administered under divisions (A)(1)(a) and (b) of section 3635
3301.0710 of the Revised Code in English language arts, aggregated 3636
by school district and building; the types of intervention 3637
services provided to students; and, if available, an evaluation of 3638
the efficacy of the intervention services provided.3639

       (E) Any summer remediation services funded in whole or in 3640
part by the state and offered by school districts to students 3641
under this section shall meet the following conditions:3642

       (1) The remediation methods are based on reliable educational 3643
research.3644

       (2) The school districts conduct assessment before and after 3645
students participate in the program to facilitate monitoring 3646
results of the remediation services.3647

       (3) The parents of participating students are involved in 3648
programming decisions.3649

       (F) Any intervention or remediation services required by this 3650
section shall include intensive, explicit, and systematic 3651
instruction.3652

       (G) This section does not create a new cause of action or a 3653
substantive legal right for any person.3654

       (H)(1) Prior to July 1, 2014, each student described in 3655
division (B)(3) or (C) of this section who enters third grade for 3656
the first time on or after July 1, 2013, shall be assigned a 3657
teacher who has been actively engaged in the reading instruction 3658
of students for the previous three years and who satisfies one or 3659
more of the following criteria:3660

       (a) The teacher holds a reading endorsement on the teacher's 3661
license and has attained a passing score on the corresponding 3662
assessment for that endorsement.3663

       (b) The teacher has completed a master's degree program with 3664
a major in reading.3665

       (c) The teacher has demonstrated evidence of a credential 3666
earned from a list of scientifically research-based reading 3667
instruction programs approved by the department.3668

       (d) The teacher was rated "above value added," which means 3669
most effective in reading, as determined by the department, for 3670
the last two school years.3671

       (2) Effective July 1, 2014, each student described in 3672
divisions (B)(3) and (C) of this section shall be assigned a 3673
teacher who has been actively engaged in the reading instruction 3674
of students for the previous three years and who satisfies one or 3675
more of the following criteria:3676

       (a) The teacher holds a reading endorsement on the teacher's 3677
license and has attained a passing score on the corresponding 3678
assessment for that endorsement.3679

       (b) The teacher has completed a master's degree program with 3680
a major in reading.3681

       (c) The teacher was rated above "above value added," which 3682
means most effective for the last two school years.3683

       (d) The teacher has earned a passing score on a rigorous test 3684
of principles of scientifically research-based reading 3685
instruction. This test shall be selected through a competitive 3686
bidding process and shall be approved by the state board.3687

       (3) If, on the effective date of this amendment, a school 3688
district or community school cannot furnish the number of teachers 3689
needed who satisfy one or more of the criteria set forth in 3690
division (H)(1) of this section, the school district or community 3691
school shall develop and submit a plan by June 30, 2013, in a 3692
manner determined by the department indicating the criteria that 3693
will be used to determine those teachers in the school district or 3694
community school who will teach and how the school district or 3695
community school will meet the requirements set forth in division 3696
(H)(2) of this section.3697

       A school district or community school may include in this 3698
plan the option to contract with another school district or 3699
private provider that has been screened and approved by the 3700
department to provide intervention services. If the school 3701
district or community school's plan is not approved by the 3702
department by August 15, 2013, the school district or community 3703
school shall use a private contractor from a list approved by the 3704
department or contract with another district to provide 3705
intervention services for these students.3706

       Sec. 3314.011.  Every community school established under this 3707
chapter shall have a designated fiscal officer. The auditor of 3708
state may require by rule that the fiscal officer of any community 3709
school, before entering upon duties as fiscal officer of the 3710
school, execute a bond in an amount and with surety to be approved 3711
by the governing authority of the school, payable to the state, 3712
conditioned for the faithful performance of all the official 3713
duties required of the fiscal officer. Any such bond shall be 3714
deposited with the governing authority of the school, and a copy 3715
thereof, certified by the governing authority, shall be filed with 3716
the county auditor.3717

       Prior to assuming the duties of fiscal officer, the fiscal 3718
officer designated under this section shall be licensed under 3719
section 3301.074 of the Revised Code or shall complete not less 3720
than sixteen hours of continuing education classes, courses, or 3721
workshops in the area of school accounting as approved by the 3722
sponsor of the community school. Any fiscal officer who is not 3723
licensed under section 3301.074 of the Revised Code shall complete 3724
an additional twenty-four hours of continuing education classes, 3725
courses, or workshops in the area of school accounting as approved 3726
by the sponsor of the school within one year after assuming the 3727
duties of fiscal officer of the school. However, any such classes, 3728
courses, or workshops in excess of sixteen hours completed by the 3729
fiscal officer prior to assuming the duties of fiscal officer 3730
shall count toward the additional twenty-four hours of continuing 3731
education required under this section. In each subsequent year, 3732
any fiscal officer who is not licensed under section 3301.074 of 3733
the Revised Code shall complete eight hours of continuing 3734
education classes, courses, or workshops in the area of school 3735
accounting as approved by the sponsor of the school. Any person 3736
serving as a fiscal officer of a community school on the effective 3737
date of this amendment who is not licensed as a treasurer shall be 3738
permitted to serve as a fiscal officer for not more than one year 3739
following the effective date of this amendment. Beginning on that 3740
date and thereafter, no community school shall permit any 3741
individual to serve as a fiscal officer without a license as 3742
required by this section.3743

       Sec. 3314.012.  (A) Within ninety days of September 28, 1999, 3744
the superintendent of public instruction shall appoint 3745
representatives of the department of education, including 3746
employees who work with the education management information 3747
system, to a committee to develop report card models for community 3748
schools. The committee shall design model report cards appropriate 3749
for the various types of community schools approved to operate in 3750
the state. Sufficient models shall be developed to reflect the 3751
variety of grade levels served and the missions of the state's 3752
community schools. All models shall include both financial and 3753
academic data. The initial models shall be developed by March 31, 3754
2000.3755

       (B) TheExcept as provided in section 3314.017 of the Revised 3756
Code, the department of education shall issue an annual report 3757
card for each community school, regardless of how long the school 3758
has been in operation. The report card shall report the academic 3759
and financial performance of the school utilizing one of the 3760
models developed under division (A) of this section. The report 3761
card shall include all information applicable to school buildings 3762
under divisiondivisions (A), (B), (C), and (D) of section 3302.03 3763
of the Revised Code. The ratings a community school receives under 3764
section 3302.03 of the Revised Code for its first two full school 3765
years shall not be considered toward automatic closure of the 3766
school under section 3314.35 of the Revised Code or any other 3767
matter that is based on report card ratings.3768

       (C) Upon receipt of a copy of a contract between a sponsor 3769
and a community school entered into under this chapter, the 3770
department of education shall notify the community school of the 3771
specific model report card that will be used for that school.3772

       (D) Report cards shall be distributed to the parents of all 3773
students in the community school, to the members of the board of 3774
education of the school district in which the community school is 3775
located, and to any person who requests one from the department.3776

       Sec. 3314.013.  (A) Until January 1, 2013the sixty-first day 3777
after the effective date of this amendment, no internet- or 3778
computer-based community school shall operate unless the school 3779
was open for instruction as of May 1, 2005. No entity described in 3780
division (C)(1) of section 3314.02 of the Revised Code shall enter 3781
into a contract to sponsor an internet- or computer-based 3782
community school, including a conversion school, between May 1, 3783
2005, and January 1, 2013the sixty-first day after the effective 3784
date of this amendment, except as follows:3785

        (1) The entity may renew a contract that the entity entered 3786
into with an internet- or computer-based community school prior to 3787
May 1, 2005, if the school was open for operation as of that date.3788

        (2) The entity may assume sponsorship of an existing 3789
internet- or computer-based community school that was formerly 3790
sponsored by another entity and may enter into a contract with 3791
that community school in accordance with section 3314.03 of the 3792
Revised Code.3793

       If a sponsor entered into a contract with an internet- or 3794
computer-based community school, including a conversion school, 3795
but the school was not open for operation as of May 1, 2005, the 3796
contract shall be void and the entity shall not enter into another 3797
contract with the school until January 1, 2013the sixty-first day 3798
after the effective date of this amendment.3799

       (B)(1) Beginning Januaryon the later of July 1, 2013, or the 3800
sixty-first day after the effective date of this amendment, up to 3801
five new internet- or computer-based community schools may open 3802
each year. If the governing authorities of more than five new 3803
schools notify the department of education under division (D) of 3804
section 3314.02 of the Revised Code, by a deadline established by 3805
the department, that they have signed a contract with a sponsor to 3806
open in the following school year, the department shall hold a 3807
lottery within thirty days after the deadline to choose the five 3808
schools that may open in that school year. The contract signed by 3809
the governing authority of any school not selected in the lottery 3810
shall be void, but the school may enter into a contract with a 3811
sponsor to open in a subsequent school year, subject to this 3812
division, subject to approval of the superintendent of public 3813
instruction under division (B)(2) of this section.3814

       (2) The superintendent of public instruction shall approve 3815
applications for new internet- or computer-based community schools 3816
from only those applicants demonstrating experience and quality. 3817

       The state board of education shall adopt rules prescribing 3818
measures to determine experience and quality of applicants in 3819
accordance with Chapter 119. of the Revised Code. The measures 3820
shall include, but not be limited to, the following 3821
considerations:3822

       (a) The sponsor's experience with online schools;3823

       (b) The operator's experience with online schools;3824

       (c) The sponsor's and operator's previous record for student 3825
performance;3826

       (d) A preference for operators with previous experience in 3827
Ohio.3828

       The state board shall adopt the rules so that they are 3829
effective not later than the sixty-first day after the effective 3830
date of this amendment.3831

       (3) The department of education shall notify any new 3832
internet- or computer-based community school governed by division 3833
(B) of this section of whether the superintendent has approved or 3834
disapproved the school's application to open for the 2013-2014 3835
school year not later than July 1, 2013, or the sixty-first day 3836
after the effective date of this amendment, if such date occurs 3837
after July 1, 2013. Notwithstanding the dates prescribed for 3838
adoption and signing on sponsor contracts in division (D) of 3839
section 3314.02 of the Revised Code, or the date for opening a 3840
school for instruction required by division (A)(25) of section 3841
3314.03 of the Revised Code, a new internet- or computer-based 3842
community school approved for opening for the 2013-2014 school 3843
year under division (B) of this section may open and operate in 3844
that school year regardless of whether it has complied with those 3845
contract and opening dates. For each school year thereafter, the 3846
school shall comply with all applicable provisions of this 3847
chapter.3848

       (C) Nothing in divisions (A) or (B) of this section prohibits 3849
an internet- or computer-based community school from increasing 3850
the number of grade levels it offers.3851

        (D) Not later than July 1, 2012, the director of the 3852
governor's office of 21st century education and the superintendent 3853
of public instruction shall develop standards for the operation of 3854
internet- or computer-based community schools. The director shall 3855
submit those standards to the speaker of the house of 3856
representatives and the president of the senate for consideration 3857
of enactment by the general assembly.3858

       Sec. 3314.015.  (A) The department of education shall be 3859
responsible for the oversight of any and all sponsors of the 3860
community schools established under this chapter and shall provide 3861
technical assistance to schools and sponsors in their compliance 3862
with applicable laws and the terms of the contracts entered into 3863
under section 3314.03 of the Revised Code and in the development 3864
and start-up activities of those schools. In carrying out its 3865
duties under this section, the department shall do all of the 3866
following:3867

        (1) In providing technical assistance to proposing parties, 3868
governing authorities, and sponsors, conduct training sessions and 3869
distribute informational materials;3870

       (2) Approve entities to be sponsors of community schools; 3871

       (3) Monitor and evaluate, as required under section 3314.016 3872
of the Revised Code, the effectiveness of any and all sponsors in 3873
their oversight of the schools with which they have contracted;3874

        (4) By December thirty-first of each year, issue a report to 3875
the governor, the speaker of the house of representatives, the 3876
president of the senate, and the chairpersons of the house and 3877
senate committees principally responsible for education matters 3878
regarding the effectiveness of academic programs, operations, and 3879
legal compliance and of the financial condition of all community 3880
schools established under this chapter and on the performance of 3881
community school sponsors;3882

        (5) From time to time, make legislative recommendations to 3883
the general assembly designed to enhance the operation and 3884
performance of community schools.3885

        (B)(1) Except as provided in sections 3314.021 and 3314.027 3886
of the Revised Code, no entity listed in division (C)(1) of 3887
section 3314.02 of the Revised Code shall enter into a preliminary 3888
agreement under division (C)(2) of section 3314.02 of the Revised 3889
Code until it has received approval from the department of 3890
education to sponsor community schools under this chapter and has 3891
entered into a written agreement with the department regarding the 3892
manner in which the entity will conduct such sponsorship. The 3893
department shall adopt in accordance with Chapter 119. of the 3894
Revised Code rules containing criteria, procedures, and deadlines 3895
for processing applications for such approval, for oversight of 3896
sponsors, for revocation of the approval of sponsors, and for 3897
entering into written agreements with sponsors. The rules shall 3898
require an entity to submit evidence of the entity's ability and 3899
willingness to comply with the provisions of division (D) of 3900
section 3314.03 of the Revised Code. The rules also shall require 3901
entities approved as sponsors on and after June 30, 2005, to 3902
demonstrate a record of financial responsibility and successful 3903
implementation of educational programs. If an entity seeking 3904
approval on or after June 30, 2005, to sponsor community schools 3905
in this state sponsors or operates schools in another state, at 3906
least one of the schools sponsored or operated by the entity must 3907
be comparable to or better than the performance of Ohio schools in 3908
need of continuous improvement under section 3302.03 of the 3909
Revised Code, as determined by the department.3910

        Subject to section 3314.016 of the Revised Code, an entity 3911
that sponsors community schools may enter into preliminary 3912
agreements and sponsor up to one hundred schools, provided each 3913
school and the contract for sponsorship meets the requirements of 3914
this chapter.3915

       (2) The departmentstate board of education shall determine, 3916
pursuant to criteria adopted by rule of the departmentspecified 3917
in rules adopted in accordance with Chapter 119. of the Revised 3918
Code, whether the mission proposed to be specified in the contract 3919
of a community school to be sponsored by a state university board 3920
of trustees or the board's designee under division (C)(1)(e) of 3921
section 3314.02 of the Revised Code complies with the requirements 3922
of that division. Such determination of the departmentstate 3923
board is final.3924

       (3) The departmentstate board of education shall determine, 3925
pursuant to criteria adopted by rule of the departmentspecified 3926
in rules adopted in accordance with Chapter 119. of the Revised 3927
Code, if any tax-exempt entity under section 501(c)(3) of the 3928
Internal Revenue Code that is proposed to be a sponsor of a 3929
community school is an education-oriented entity for purpose of 3930
satisfying the condition prescribed in division (C)(1)(f)(iii) of 3931
section 3314.02 of the Revised Code. Such determination of the 3932
departmentstate board is final.3933

       (C) If at any time the state board of education finds that a 3934
sponsor is not in compliance or is no longer willing to comply 3935
with its contract with any community school or with the 3936
department's rules for sponsorship, the state board or designee 3937
shall conduct a hearing in accordance with Chapter 119. of the 3938
Revised Code on that matter. If after the hearing, the state board 3939
or designee has confirmed the original finding, the department of 3940
education may revoke the sponsor's approval to sponsor community 3941
schools. In that case, the department's office of Ohio school 3942
sponsorship, established under section 3314.029 of the Revised 3943
Code, may assume the sponsorship of any schools with which the 3944
sponsor has contracted until the earlier of the expiration of two 3945
school years or until a new sponsor as described in division 3946
(C)(1) of section 3314.02 of the Revised Code is secured by the 3947
school's governing authority. The office of Ohio school 3948
sponsorship may extend the term of the contract in the case of a 3949
school for which it has assumed sponsorship under this division as 3950
necessary to accommodate the term of the department's 3951
authorization to sponsor the school specified in this division. 3952
Community schools sponsored under this division shall not apply to 3953
the limit on directly authorized community schools under division 3954
(A)(3) of section 3314.029 of the Revised Code. However, nothing 3955
in this division shall preclude a community school affected by 3956
this division from applying for sponsorship under that section.3957

       (D) The decision of the department to disapprove an entity 3958
for sponsorship of a community school or to revoke approval for 3959
such sponsorship under division (C) of this section, may be 3960
appealed by the entity in accordance with section 119.12 of the 3961
Revised Code.3962

       (E) The department shall adopt procedures for use by a 3963
community school governing authority and sponsor when the school 3964
permanently closes and ceases operation, which shall include at 3965
least procedures for data reporting to the department, handling of 3966
student records, distribution of assets in accordance with section 3967
3314.074 of the Revised Code, and other matters related to ceasing 3968
operation of the school.3969

       (F) In carrying out its duties under this chapter, the 3970
department shall not impose requirements on community schools or 3971
their sponsors that are not permitted by law or duly adopted 3972
rules.3973

       Sec. 3314.016. This section applies to any entity that 3974
sponsors a community school, regardless of whether section 3975
3314.021 or 3314.027 of the Revised Code exempts the entity from 3976
the requirement to be approved for sponsorship under divisions 3977
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The 3978
office of Ohio school sponsorship established under section 3979
3314.029 of the Revised Code shall be rankedrated under division 3980
(B) of this section, but divisions (A) and (C) of this section do 3981
not apply to the office.3982

       (A) An entity that sponsors a community school shall be 3983
permitted to enter into contracts under section 3314.03 of the 3984
Revised Code to sponsor additional community schools only if the 3985
entity meets both of the following criteria:3986

       (1) The entity is in compliance with all provisions of this 3987
chapter requiring sponsors of community schools to report data or 3988
information to the department of education.3989

       (2) The entity is not ranked in the lowest twenty per cent of 3990
community school sponsors on the ranking prescribed byrated as 3991
"ineffective" under division (B)(6) of this section.3992

       (B)(1) For purposes of this section, the department shall 3993
develop a composite performance index score, as defined in section 3994
3302.01 of the Revised Code, that measures the academicand 3995
implement an evaluation system that rates each entity that 3996
sponsors a community school based on the following components:3997

        (a) Academic performance of students enrolled in community 3998
schools sponsored by the same entity;3999

        (b) Adherence by a sponsor to the quality practices 4000
prescribed by the department under division (B)(3) of this 4001
section. The department shall not include this measure in the 4002
sponsor evaluation rating system until the department prescribes 4003
quality practices and develops an instrument to measure adherence 4004
to those practices under division (B)(3) of this section.4005

        (c) Compliance with applicable laws and administrative rules 4006
by an entity that sponsors a community school. 4007

       (2) In calculating an entity's compositeacademic performance 4008
index scorecomponent, the department shall exclude all of the 4009
following:4010

       (a) All community schools that have been in operation for 4011
lessnot more than two full school years;4012

       (b) All community schools described in division (A)(3)(4)(b)4013
of section 3314.35 of the Revised Code, but the department shall 4014
cease to exclude the schools described in division (A)(3)(a) of 4015
that section if those schools become subject to closure under 4016
division (D) of that section. 4017

       (3) The department, in consultation with entities that 4018
sponsor community schools, shall prescribe quality practices for 4019
community school sponsors and develop an instrument to measure 4020
adherence to those quality practices. The quality practices shall 4021
be based on standards developed by the national association of 4022
charter school authorizers or any other nationally organized 4023
community school organization.4024

        (4)(a) The department may permit peer review of a sponsor's 4025
adherence to the quality practices prescribed under division 4026
(B)(3) of this section. 4027

       (b) The department shall require individuals participating in 4028
peer review under division (B)(4)(a) of this section to complete 4029
training approved or established by the department.4030

        (c) The department may enter into an agreement with another 4031
entity to provide training to individuals conducting peer review 4032
of sponsors. Prior to entering into an agreement with an entity, 4033
the department shall review and approve of the entity's training 4034
program.4035

       (5) Not later than July 1, 2013, the state board of education 4036
shall adopt rules in accordance with Chapter 119. of the Revised 4037
Code prescribing standards for measuring compliance with 4038
applicable laws and rules under division (B)(1)(c) of this 4039
section.4040

        (6) The department annually shall rankrate all entities that 4041
sponsor community schools from highest to lowest according to the 4042
entities' composite performance index scores andas either 4043
"exemplary," "effective," or "ineffective," based on the 4044
components prescribed by division (B) of this section, where each 4045
component is weighted equally, except that entities sponsoring 4046
community schools for the first time may be assigned the rating of 4047
"emerging" for only the first two consecutive years.4048

        The department shall publish the rankingsratings between 4049
the first day of October and the fifteenth day of October.4050

       (7)(a) Prior to the 2014-2015 school year, student academic 4051
performance prescribed under division (B)(1)(a) of this section 4052
shall not include student academic performance data from community 4053
schools that primarily serve students enrolled in a dropout 4054
prevention and recovery program as described in division (A)(4)(a) 4055
of section 3314.35 of the Revised Code. 4056

       (b) For the 2014-2015 school year and each school year 4057
thereafter, student academic performance prescribed under division 4058
(B)(1)(a) of this section shall include student academic 4059
performance data from community schools that primarily serve 4060
students enrolled in a dropout prevention and recovery program. 4061

       (C) If the governing authority of a community school enters 4062
into a contract with a sponsor prior to the date on which the 4063
sponsor is prohibited from sponsoring additional schools under 4064
division (A) of this section and the school has not opened for 4065
operation as of that date, that contract shall be void and the 4066
school shall not open until the governing authority secures a new 4067
sponsor by entering into a contract with the new sponsor under 4068
section 3314.03 of the Revised Code. However, the department's 4069
office of Ohio school sponsorship, established under section 4070
3314.029 of the Revised Code, may assume the sponsorship of the 4071
school until the earlier of the expiration of two school years or 4072
until a new sponsor is secured by the school's governing 4073
authority. A community school sponsored by the department under 4074
this division shall not be included when calculating the maximum 4075
number of directly authorized community schools permitted under 4076
division (A)(3) of section 3314.029 of the Revised Code.4077

       Sec. 3314.017.  (A) The state board of education shall 4078
prescribe by rules, adopted in accordance with Chapter 119. of the 4079
Revised Code, an academic performance rating and report card 4080
system that satisfies the requirements of this section for 4081
community schools that primarily serve students enrolled in 4082
dropout prevention and recovery programs as described in division 4083
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in 4084
lieu of the system prescribed under sections 3302.03 and 3314.012 4085
of the Revised Code beginning with the 2012-2013 school year. Each 4086
such school shall comply with the testing and reporting 4087
requirements of the system as prescribed by the state board.4088

       (B) Nothing in this section shall at any time relieve a 4089
school from its obligations under the "No Child Left Behind Act of 4090
2001" to make "adequate yearly progress," as both that act and 4091
that term are defined in section 3302.01 of the Revised Code, or a 4092
school's amenability to the provisions of section 3302.04 or 4093
3302.041 of the Revised Code. The department shall continue to 4094
report each school's performance as required by the act and to 4095
enforce applicable sanctions under section 3302.04 or 3302.041 of 4096
the Revised Code. 4097

       (C) The rules adopted by the state board shall prescribe the 4098
following performance indicators for the rating and report card 4099
system required by this section:4100

       (1) Graduation rate for each of the following student 4101
cohorts:4102

       (a) The number of students who graduate in four years or less 4103
with a regular high school diploma divided by the number of 4104
students who form the adjusted cohort for the graduating class;4105

       (b) The number of students who graduate in five years with a 4106
regular high school diploma divided by the number of students who 4107
form the adjusted cohort for the four-year graduation rate;4108

       (c) The number of students who graduate in six years with a 4109
regular high school diploma divided by the number of students who 4110
form the adjusted cohort for the four-year graduation rate;4111

       (d) The number of students who graduate in seven years with a 4112
regular high school diploma divided by the number of students who 4113
form the adjusted cohort for the four-year graduation rate;4114

       (e) The number of students who graduate in eight years with a 4115
regular high school diploma divided by the number of students who 4116
form the adjusted cohort for the four-year graduation rate.4117

       (2) The percentage of twelfth-grade students currently 4118
enrolled in the school who have attained the designated passing 4119
score on all of the applicable state high school achievement 4120
assessments required under division (B)(1) or (2) of section 4121
3301.0710 of the Revised Code and other students enrolled in the 4122
school, regardless of grade level, who are within three months of 4123
their twenty-second birthday and have attained the designated 4124
passing score on all of the applicable state high school 4125
achievement assessments by their twenty-second birthday;4126

       (3) Annual measurable objectives as defined in section 4127
3302.01 of the Revised Code;4128

        (4) Growth in student achievement in reading, or mathematics, 4129
or both as measured by separate nationally norm-referenced 4130
assessments that have developed appropriate standards for students 4131
enrolled in dropout prevention and recovery programs, adopted or 4132
approved by the state board.4133

       (D)(1) The state board's rules shall prescribe the expected 4134
performance levels and benchmarks for each of the indicators 4135
prescribed by division (C) of this section based on the data 4136
gathered by the department under division (F) of this section. 4137
Based on a school's level of attainment or nonattainment of the 4138
expected performance levels and benchmarks for each of the 4139
indicators, the department shall rate each school in one of the 4140
following categories:4141

       (a) Exceeds standards;4142

       (b) Meets standards;4143

       (c) Does not meet standards.4144

       (2) The state board's rules shall establish all of the 4145
following:4146

       (a) Not later than June 30, 2013, performance levels and 4147
benchmarks for the indicators described in divisions (C)(1) to (3) 4148
of this section;4149

       (b) Not later than December 31, 2014, both of the following:4150

       (i) Performance levels and benchmarks for the indicator 4151
described in division (C)(4) of this section;4152

       (ii) Standards for awarding a community school described in 4153
division (A)(4)(a) of section 3314.35 of the Revised Code an 4154
overall designation, which shall be calculated as follows:4155

       (I) Thirty per cent of the score shall be based on the 4156
indicators described in division (C)(1) of this section that are 4157
applicable to the school year for which the overall designation is 4158
granted.4159

       (II) Thirty per cent of the score shall be based on the 4160
indicators described in division (C)(4) of this section.4161

       (III) Twenty per cent of the score shall be based on the 4162
indicators described in division (C)(2) of this section.4163

       (IV) Twenty per cent of the score shall be based on the 4164
indicators described in division (C)(3) of this section.4165

       (3) If both of the indicators described in divisions (C)(1) 4166
and (2) of this section improve by ten per cent for two 4167
consecutive years, a school shall be rated as "meets standards."4168

       The rating and the relevant performance data for each school 4169
shall be posted on the department's web site, and a copy of the 4170
rating and data shall be provided to the governing authority of 4171
the community school. 4172

       (E)(1) For the 2012-2013 school year, the department shall 4173
issue a report card including the following performance measures, 4174
but without a performance rating as described in divisions 4175
(D)(1)(a) to (c) of this section, for each community school 4176
described in division (A)(4)(a) of section 3314.35 of the Revised 4177
Code:4178

       (a) The graduation rates as described in divisions (C)(1)(a) 4179
to (c) of this section;4180

       (b) The percentage of twelfth-grade students and other 4181
students who have attained a designated passing score on high 4182
school achievement assessments as described in division (C)(2) of 4183
this section;4184

       (c) The statewide average for the graduation rates and 4185
assessment passage rates described in divisions (C)(1)(a) to (c) 4186
and (C)(2) of this section;4187

        (d) Annual measurable objectives described in division (C)(3) 4188
of this section.4189

       (2) For the 2013-2014 school year, the department shall issue 4190
a report card including the following performance measures for 4191
each community school described in division (A)(4) of section 4192
3314.35 of the Revised Code:4193

       (a) The graduation rates described in divisions (C)(1)(a) to 4194
(d) of this section, including a performance rating as described 4195
in divisions (D)(1)(a) to (c) of this section;4196

       (b) The percentage of twelfth-grade students and other 4197
students who have attained a designated passing score on high 4198
school achievement assessments as described in division (C)(2) of 4199
this section, including a performance rating as described in 4200
divisions (D)(1)(a) to (c) of this section;4201

       (c) Annual measurable objectives described in division (C)(3) 4202
of this section, including a performance rating as described in 4203
divisions (D)(1)(a) to (c) of this section;4204

        (d) Both of the following without an assigned rating:4205

        (i) Growth in annual student achievement in reading and 4206
mathematics described in division (C)(4) of this section, if 4207
available;4208

       (ii) Student outcome data, including postsecondary credit 4209
earned, nationally recognized career or technical certification, 4210
military enlistment, job placement, and attendance rate. 4211

       (3) Beginning with the 2014-2015 school year, and annually 4212
thereafter, the department shall issue a report card for each 4213
community school described in division (A)(4)(a) of section 4214
3314.35 of the Revised Code that includes all of the following 4215
performance measures, including a performance rating for each 4216
measure as described in divisions (D)(1)(a) to (c) of this 4217
section:4218

       (a) The graduation rates as described in division (C)(1) of 4219
this section;4220

       (b) The percentage of twelfth-grade students and other 4221
students who have attained a designated passing score on high 4222
school achievement assessments as described in division (C)(2) of 4223
this section;4224

       (c) Annual measurable objectives described in division (C)(3) 4225
of this section, including a performance rating as described in 4226
divisions (D)(1)(a) to (c) of this section;4227

        (d) Growth in annual student achievement in reading and 4228
mathematics as described in division (C)(4) of this section;4229

       (e) An overall performance designation for the school 4230
calculated under rules adopted under division (D)(2) of this 4231
section.4232

       The department shall also include student outcome data, 4233
including postsecondary credit earned, nationally recognized 4234
career or technical certification, military enlistment, job 4235
placement, attendance rate, and progress on closing achievement 4236
gaps for each school. This information shall not be included in 4237
the calculation of a school's performance rating.4238

        (F) In developing the rating and report card system required 4239
by this section, during the 2012-2013 and 2013-2014 school years, 4240
the department shall gather and analyze data as determined 4241
necessary from each community school described in division 4242
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school 4243
shall cooperate with the department by supplying requested data 4244
and administering required assessments, including sample 4245
assessments for purposes of measuring student achievement growth 4246
as described in division (C)(4) of this section. The department 4247
shall consult with stakeholder groups in performing its duties 4248
under this division.4249

       The department shall also identify one or more states that 4250
have established or are in the process of establishing similar 4251
academic performance rating systems for dropout prevention and 4252
recovery programs and consult with the departments of education of 4253
those states in developing the system required by this section.4254

       Sec. 3314.02.  (A) As used in this chapter:4255

       (1) "Sponsor" means the board of education of a school 4256
district or the governing board of an educational service center 4257
that agrees to the conversion of all or part of a school or 4258
building under division (B) of this section, or an entity listed 4259
in division (C)(1) of this section, which either has been approved 4260
by the department of education to sponsor community schools or is 4261
exempted by section 3314.021 or 3314.027 of the Revised Code from 4262
obtaining approval, and with which the governing authority of a 4263
community school enters into a contract under section 3314.03 of 4264
the Revised Code.4265

       (2) "Pilot project area" means the school districts included 4266
in the territory of the former community school pilot project 4267
established by former Section 50.52 of Am. Sub. H.B. No. 215 of 4268
the 122nd general assembly.4269

       (3) "Challenged school district" means any of the following:4270

       (a) A school district that is part of the pilot project area;4271

       (b) A school district that is eithermeets one of the 4272
following conditions:4273

       (i) On the effective date of this amendment, the district was4274
in a state of academic emergency or in a state of academic watch 4275
under section 3302.03 of the Revised Code, as that section existed 4276
prior to the effective date of this amendment;4277

       (ii) For two of the 2012-2013, 2013-2014, and 2014-2015 4278
school years, the district received a grade of "D" or "F" for the 4279
performance index score and a grade of "F" for the value-added 4280
progress dimension under section 3302.03 of the Revised Code;4281

       (iii) For the 2015-2016 school year and for any school year 4282
thereafter, the district has received an overall grade of "D" or 4283
"F" under division (C)(3) of section 3302.03 of the Revised Code, 4284
or, for at least two of the three most recent school years, the 4285
district received a grade of "F" for the value-added progress 4286
dimension under division (C)(1)(e) of that section.4287

       (c) A big eight school district;4288

       (d) A school district ranked in the lowest five per cent of 4289
school districts according to performance index score under 4290
section 3302.21 of the Revised Code.4291

       (4) "Big eight school district" means a school district that 4292
for fiscal year 1997 had both of the following:4293

       (a) A percentage of children residing in the district and 4294
participating in the predecessor of Ohio works first greater than 4295
thirty per cent, as reported pursuant to section 3317.10 of the 4296
Revised Code;4297

       (b) An average daily membership greater than twelve thousand, 4298
as reported pursuant to former division (A) of section 3317.03 of 4299
the Revised Code.4300

       (5) "New start-up school" means a community school other than 4301
one created by converting all or part of an existing public school 4302
or educational service center building, as designated in the 4303
school's contract pursuant to division (A)(17) of section 3314.03 4304
of the Revised Code.4305

       (6) "Urban school district" means one of the state's 4306
twenty-one urban school districts as defined in division (O) of 4307
section 3317.02 of the Revised Code as that section existed prior 4308
to July 1, 1998.4309

       (7) "Internet- or computer-based community school" means a 4310
community school established under this chapter in which the 4311
enrolled students work primarily from their residences on 4312
assignments in nonclassroom-based learning opportunities provided 4313
via an internet- or other computer-based instructional method that 4314
does not rely on regular classroom instruction or via 4315
comprehensive instructional methods that include internet-based, 4316
other computer-based, and noncomputer-based learning 4317
opportunities.4318

       (8) "Operator" means either of the following:4319

        (a) An individual or organization that manages the daily 4320
operations of a community school pursuant to a contract between 4321
the operator and the school's governing authority;4322

        (b) A nonprofit organization that provides programmatic 4323
oversight and support to a community school under a contract with 4324
the school's governing authority and that retains the right to 4325
terminate its affiliation with the school if the school fails to 4326
meet the organization's quality standards.4327

       (B) Any person or group of individuals may initially propose 4328
under this division the conversion of all or a portion of a public 4329
school or a building operated by an educational service center to 4330
a community school. The proposal shall be made to the board of 4331
education of the city, local, exempted village, or joint 4332
vocational school district in which the public school is proposed 4333
to be converted or, in the case of the conversion of a building 4334
operated by an educational service center, to the governing board 4335
of the service center. Upon receipt of a proposal, a board may 4336
enter into a preliminary agreement with the person or group 4337
proposing the conversion of the public school or service center 4338
building, indicating the intention of the board to support the 4339
conversion to a community school. A proposing person or group that 4340
has a preliminary agreement under this division may proceed to 4341
finalize plans for the school, establish a governing authority for 4342
the school, and negotiate a contract with the board. Provided the 4343
proposing person or group adheres to the preliminary agreement and 4344
all provisions of this chapter, the board shall negotiate in good 4345
faith to enter into a contract in accordance with section 3314.03 4346
of the Revised Code and division (C) of this section.4347

       (C)(1) Any person or group of individuals may propose under 4348
this division the establishment of a new start-up school to be 4349
located in a challenged school district. The proposal may be made 4350
to any of the following entities:4351

       (a) The board of education of the district in which the 4352
school is proposed to be located;4353

       (b) The board of education of any joint vocational school 4354
district with territory in the county in which is located the 4355
majority of the territory of the district in which the school is 4356
proposed to be located;4357

       (c) The board of education of any other city, local, or 4358
exempted village school district having territory in the same 4359
county where the district in which the school is proposed to be 4360
located has the major portion of its territory;4361

       (d) The governing board of any educational service center, as 4362
long as the proposed school will be located in a county within the 4363
territory of the service center or in a county contiguous to such 4364
county;. However, the governing board of an educational service 4365
center may sponsor a new start-up school in any challenged school 4366
district in the state if all of the following are satisfied:4367

       (i) If applicable, it satisfies the requirements of division 4368
(E) of section 3311.86 of the Revised Code; 4369

       (ii) It is approved to do so by the department;4370

       (iii) It enters into an agreement with the department under 4371
section 3314.015 of the Revised Code.4372

        (e) A sponsoring authority designated by the board of 4373
trustees of any of the thirteen state universities listed in 4374
section 3345.011 of the Revised Code or the board of trustees 4375
itself as long as a mission of the proposed school to be specified 4376
in the contract under division (A)(2) of section 3314.03 of the 4377
Revised Code and as approved by the department of education under 4378
division (B)(2) of section 3314.015 of the Revised Code will be 4379
the practical demonstration of teaching methods, educational 4380
technology, or other teaching practices that are included in the 4381
curriculum of the university's teacher preparation program 4382
approved by the state board of education;4383

        (f) Any qualified tax-exempt entity under section 501(c)(3) 4384
of the Internal Revenue Code as long as all of the following 4385
conditions are satisfied:4386

        (i) The entity has been in operation for at least five years 4387
prior to applying to be a community school sponsor.4388

        (ii) The entity has assets of at least five hundred thousand 4389
dollars and a demonstrated record of financial responsibility.4390

        (iii) The department of education has determined that the 4391
entity is an education-oriented entity under division (B)(3) of 4392
section 3314.015 of the Revised Code and the entity has a 4393
demonstrated record of successful implementation of educational 4394
programs.4395

       (iv) The entity is not a community school.4396

        Any entity described in division (C)(1) of this section may 4397
enter into a preliminary agreement pursuant to division (C)(2) of 4398
this section with the proposing person or group.4399

       (2) A preliminary agreement indicates the intention of an 4400
entity described in division (C)(1) of this section to sponsor the 4401
community school. A proposing person or group that has such a 4402
preliminary agreement may proceed to finalize plans for the 4403
school, establish a governing authority as described in division 4404
(E) of this section for the school, and negotiate a contract with 4405
the entity. Provided the proposing person or group adheres to the 4406
preliminary agreement and all provisions of this chapter, the 4407
entity shall negotiate in good faith to enter into a contract in 4408
accordance with section 3314.03 of the Revised Code.4409

       (3) A new start-up school that is established in a school 4410
district while that district is either in a state of academic 4411
emergency or in a state of academic watch under section 3302.03 of 4412
the Revised Code or ranked in the lowest five per cent according 4413
to performance index score under section 3302.21 of the Revised 4414
Codedescribed in either division (A)(3)(b) or (d) of this section4415
may continue in existence once the school district is no longer in 4416
a state of academic emergency or academic watch or ranked in the 4417
lowest five per cent according to performance index scoremeets 4418
the conditions described in either division, provided there is a 4419
valid contract between the school and a sponsor.4420

       (4) A copy of every preliminary agreement entered into under 4421
this division shall be filed with the superintendent of public 4422
instruction.4423

       (D) A majority vote of the board of a sponsoring entity and a 4424
majority vote of the members of the governing authority of a 4425
community school shall be required to adopt a contract and convert 4426
the public school or educational service center building to a 4427
community school or establish the new start-up school. Beginning 4428
September 29, 2005, adoption of the contract shall occur not later 4429
than the fifteenth day of March, and signing of the contract shall 4430
occur not later than the fifteenth day of May, prior to the school 4431
year in which the school will open. The governing authority shall 4432
notify the department of education when the contract has been 4433
signed. Subject to sections 3314.013 and 3314.016 of the Revised 4434
Code, an unlimited number of community schools may be established 4435
in any school district provided that a contract is entered into 4436
for each community school pursuant to this chapter.4437

       (E)(1) As used in this division, "immediate relatives" are 4438
limited to spouses, children, parents, grandparents, siblings, and 4439
in-laws.4440

        Each new start-up community school established under this 4441
chapter shall be under the direction of a governing authority 4442
which shall consist of a board of not less than five individuals.4443

        No person shall serve on the governing authority or operate 4444
the community school under contract with the governing authority 4445
so long as the person owes the state any money or is in a dispute 4446
over whether the person owes the state any money concerning the 4447
operation of a community school that has closed.4448

       (2) No person shall serve on the governing authorities of 4449
more than five start-up community schools at the same time.4450

       (3) No present or former member, or immediate relative of a 4451
present or former member, of the governing authority of any 4452
community school established under this chapter shall be an owner, 4453
employee, or consultant of any sponsor or operator of a community 4454
school, unless at least one year has elapsed since the conclusion 4455
of the person's membership.4456

       (4) The governing authority of a start-up community school 4457
may provide by resolution for the compensation of its members. 4458
However, no individual who serves on the governing authority of a 4459
start-up community school shall be compensated more than four 4460
hundred twenty-five dollars per meeting of that governing 4461
authority and no such individual shall be compensated more than a 4462
total amount of five thousand dollars per year for all governing 4463
authorities upon which the individual serves.4464

       (F)(1) A new start-up school that is established prior to 4465
August 15, 2003, in an urban school district that is not also a 4466
big-eight school district may continue to operate after that date 4467
and the contract between the school's governing authority and the 4468
school's sponsor may be renewed, as provided under this chapter, 4469
after that date, but no additional new start-up schools may be 4470
established in such a district unless the district is a challenged 4471
school district as defined in this section as it exists on and 4472
after that date.4473

       (2) A community school that was established prior to June 29, 4474
1999, and is located in a county contiguous to the pilot project 4475
area and in a school district that is not a challenged school 4476
district may continue to operate after that date, provided the 4477
school complies with all provisions of this chapter. The contract 4478
between the school's governing authority and the school's sponsor 4479
may be renewed, but no additional start-up community school may be 4480
established in that district unless the district is a challenged 4481
school district.4482

       (3) Any educational service center that, on June 30, 2007, 4483
sponsors a community school that is not located in a county within 4484
the territory of the service center or in a county contiguous to 4485
such county may continue to sponsor that community school on and 4486
after June 30, 2007, and may renew its contract with the school. 4487
However, the educational service center shall not enter into a 4488
contract with any additional community school, unless the school 4489
is located in a county within the territory of the service center 4490
or in a county contiguous to such county, or unless the governing 4491
board of the service center has entered into an agreement with the 4492
department authorizing the service center to sponsor a community 4493
school in any challenged school district in the state.4494

       Sec. 3314.05.  (A) The contract between the community school 4495
and the sponsor shall specify the facilities to be used for the 4496
community school and the method of acquisition. Except as provided 4497
in divisions (B)(3) and (4) of this section, no community school 4498
shall be established in more than one school district under the 4499
same contract.4500

        (B) Division (B) of this section shall not apply to internet- 4501
or computer-based community schools.4502

       (1) A community school may be located in multiple facilities 4503
under the same contract only if the limitations on availability of 4504
space prohibit serving all the grade levels specified in the 4505
contract in a single facility or division (B)(2), (3), or (4) of 4506
this section applies to the school. The school shall not offer the 4507
same grade level classrooms in more than one facility.4508

       (2) A community school may be located in multiple facilities 4509
under the same contract and, notwithstanding division (B)(1) of 4510
this section, may assign students in the same grade level to 4511
multiple facilities, as long as all of the following apply:4512

       (a) The governing authority of the community school filed a 4513
copy of its contract with the school's sponsor under section 4514
3314.03 of the Revised Code with the superintendent of public 4515
instruction on or before May 15, 2008.4516

       (b) The school was not open for operation prior to July 1, 4517
2008.4518

       (c) The governing authority has entered into and maintains a 4519
contract with an operator of the type described in division 4520
(A)(8)(b) of section 3314.02 of the Revised Code.4521

       (d) The contract with that operator qualified the school to 4522
be established pursuant to division (A) of former section 3314.016 4523
of the Revised Code.4524

       (e) The school's rating under section 3302.03 of the Revised 4525
Code does not fall below "in need of continuous improvement"a 4526
combination of any of the following for two or more consecutive 4527
years:4528

       (i) A rating of "in need of continuous improvement" under 4529
section 3302.03 of the Revised Code, as that section existed prior 4530
to the effective date of this section;4531

       (ii) For the 2012-2013 and 2013-2014 school years, a rating 4532
of "C" for both the performance index score under division 4533
(A)(1)(b) or (B)(1)(b) and the value-added dimension under 4534
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised 4535
Code; or if the building serves only grades ten through twelve, 4536
the building received a grade of "C" for the performance index 4537
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of 4538
the Revised Code;4539

       (iii) For the 2014-2015 school year and for any school year 4540
thereafter, an overall grade of "C" under division (C)(3) of 4541
section 3302.03 of the Revised Code or an overall performance 4542
designation of "meets standards" under division (E)(3)(e) of 4543
section 3314.017 of the Revised Code.4544

       (3) A new start-up community school may be established in two 4545
school districts under the same contract if all of the following 4546
apply:4547

       (a) At least one of the school districts in which the school 4548
is established is a challenged school district;4549

       (b) The school operates not more than one facility in each 4550
school district and, in accordance with division (B)(1) of this 4551
section, the school does not offer the same grade level classrooms 4552
in both facilities; and4553

       (c) Transportation between the two facilities does not 4554
require more than thirty minutes of direct travel time as measured 4555
by school bus.4556

       In the case of a community school to which division (B)(3) of 4557
this section applies, if only one of the school districts in which 4558
the school is established is a challenged school district, that 4559
district shall be considered the school's primary location and the 4560
district in which the school is located for the purposes of 4561
division (A)(19) of section 3314.03 and divisions (C) and (H) of 4562
section 3314.06 of the Revised Code and for all other purposes of 4563
this chapter. If both of the school districts in which the school 4564
is established are challenged school districts, the school's 4565
governing authority shall designate one of those districts to be 4566
considered the school's primary location and the district in which 4567
the school is located for the purposes of those divisions and all 4568
other purposes of this chapter and shall notify the department of 4569
education of that designation.4570

       (4) A community school may be located in multiple facilities 4571
under the same contract and, notwithstanding division (B)(1) of 4572
this section, may assign students in the same grade level to 4573
multiple facilities, as long as both of the following apply:4574

       (a) The facilities are all located in the same county.4575

       (b) The governing authority has entered into and maintains a 4576
contract with an operatorEither of the following conditions are 4577
satisfied:4578

        (i) The community school is sponsored by a board of education 4579
of a city, local, or exempted village school district having 4580
territory in the same county where the facilities of the community 4581
school are located;4582

        (ii) The community school is managed by an operator.4583

       In the case of a community school to which division (B)(4) of 4584
this section applies and that maintains facilities in more than 4585
one school district, the school's governing authority shall 4586
designate one of those districts to be considered the school's 4587
primary location and the district in which the school is located 4588
for the purposes of division (A)(19) of section 3314.03 and 4589
divisions (C) and (H) of section 3314.06 of the Revised Code and 4590
for all other purposes of this chapter and shall notify the 4591
department of that designation.4592

       (5) Any facility used for a community school shall meet all 4593
health and safety standards established by law for school 4594
buildings.4595

       (C) In the case where a community school is proposed to be 4596
located in a facility owned by a school district or educational 4597
service center, the facility may not be used for such community 4598
school unless the district or service center board owning the 4599
facility enters into an agreement for the community school to 4600
utilize the facility. Use of the facility may be under any terms 4601
and conditions agreed to by the district or service center board 4602
and the school.4603

       (D) Two or more separate community schools may be located in 4604
the same facility.4605

       (E) In the case of a community school that is located in 4606
multiple facilities, beginning July 1, 2012, the department shall 4607
assign a unique identification number to the school and to each 4608
facility maintained by the school. Each number shall be used for 4609
identification purposes only. Nothing in this division shall be 4610
construed to require the department to calculate the amount of 4611
funds paid under this chapter, or to compute any data required for 4612
the report cards issued under section 3314.012 of the Revised 4613
Code, for each facility separately. The department shall make all 4614
such calculations or computations for the school as a whole.4615

       Sec. 3314.35.  (A)(1) Except as provided in division 4616
(A)(3)(4) of this section, this section applies to any community 4617
school that meets one of the following criteria after July 1, 4618
2009, but before July 1, 2011:4619

       (a) The school does not offer a grade level higher than three 4620
and has been declared to be in a state of academic emergency under 4621
section 3302.03 of the Revised Code for three of the four most 4622
recent school years.4623

       (b) The school satisfies all of the following conditions:4624

       (i) The school offers any of grade levels four to eight but 4625
does not offer a grade level higher than nine.4626

       (ii) The school has been declared to be in a state of 4627
academic emergency under section 3302.03 of the Revised Code for 4628
two of the three most recent school years.4629

       (iii) In at least two of the three most recent school years, 4630
the school showed less than one standard year of academic growth 4631
in either reading or mathematics, as determined by the department 4632
of education in accordance with rules adopted under division (A) 4633
of section 3302.021 of the Revised Code.4634

       (c) The school offers any of grade levels ten to twelve and 4635
has been declared to be in a state of academic emergency under 4636
section 3302.03 of the Revised Code for three of the four most 4637
recent school years.4638

       (2) Except as provided in division (A)(3)(4) of this section, 4639
this section applies to any community school that meets one of the 4640
following criteria after July 1, 2011, but before July 1, 2013:4641

       (a) The school does not offer a grade level higher than three 4642
and has been declared to be in a state of academic emergency under 4643
section 3302.03 of the Revised Code for two of the three most 4644
recent school years.4645

       (b) The school satisfies all of the following conditions:4646

       (i) The school offers any of grade levels four to eight but 4647
does not offer a grade level higher than nine.4648

       (ii) The school has been declared to be in a state of 4649
academic emergency under section 3302.03 of the Revised Code for 4650
two of the three most recent school years.4651

       (iii) In at least two of the three most recent school years, 4652
the school showed less than one standard year of academic growth 4653
in either reading or mathematics, as determined by the department 4654
in accordance with rules adopted under division (A) of section 4655
3302.021 of the Revised Code.4656

       (c) The school offers any of grade levels ten to twelve and 4657
has been declared to be in a state of academic emergency under 4658
section 3302.03 of the Revised Code for two of the three most 4659
recent school years.4660

       (3) Except as provided in division (A)(4) of this section, 4661
this section applies to any community school that meets one of the 4662
following criteria on or after July 1, 2013:4663

        (a) The school does not offer a grade level higher than three 4664
and, for two of the three most recent school years, satisfies any 4665
of the following criteria:4666

        (i) The school has been declared to be in a state of academic 4667
emergency under section 3302.03 of the Revised Code, as it existed 4668
prior to the effective date of this amendment;4669

        (ii) The school has received a grade of "F" in improving 4670
literacy in grades kindergarten through three under division 4671
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;4672

        (iii) The school has received an overall grade of "F" under 4673
division (C) of section 3302.03 of the Revised Code.4674

        (b) The school offers any of grade levels four to eight but 4675
does not offer a grade level higher than nine and, for two of the 4676
three most recent school years, satisfies any of the following 4677
criteria:4678

        (i) The school has been declared to be in a state of academic 4679
emergency under section 3302.03 of the Revised Code, as it existed 4680
prior to the effective date of this amendment;4681

        (ii) The school has received a grade of "F" for the 4682
performance index score under division (A)(1)(b), (B)(1)(b), or 4683
(C)(1)(b) and a grade of "F" for the value-added progress 4684
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of 4685
section 3302.03 of the Revised Code;4686

        (iii) The school has received an overall grade of "F" under 4687
division (C) and a grade of "F" for the value-added progress 4688
dimension under division (C)(1)(e) of section 3302.03 of the 4689
Revised Code.4690

        (c) The school offers any of grade levels ten to twelve and, 4691
for two of the three most recent school years, satisfies any of 4692
the following criteria:4693

        (i) The school has been declared to be in a state of academic 4694
emergency under section 3302.03 of the Revised Code, as it existed 4695
prior to the effective date of this amendment;4696

        (ii) The school has received a grade of "F" for the 4697
performance index score under division (A)(1)(b), (B)(1)(b), or 4698
(C)(1)(b) and has not met annual measurable objectives under 4699
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of 4700
the Revised Code;4701

        (iii) The school has received an overall grade of "F" under 4702
division (C) and a grade of "F" for the value-added progress 4703
dimension under division (C)(1)(e) of section 3302.03 of the 4704
Revised Code.4705

       For purposes of division (A)(3) of this section only, the 4706
value-added progress dimension for a community school shall be 4707
calculated using assessment scores for only those students to whom 4708
the school has administered the achievement assessments prescribed 4709
by section 3301.0710 of the Revised Code for at least the two most 4710
recent school years.4711

        (4) This section does not apply to either of the following:4712

       (a) Any community school in which a majority of the students 4713
are enrolled in a dropout prevention and recovery program that is 4714
operated by the school and that has been granted a waiver under 4715
section 3314.36 of the Revised Code;. Rather, such schools shall 4716
be subject to closure only as provided in section 3314.351 of the 4717
Revised Code. However, prior to July 1, 2014, a community school 4718
in which a majority of the students are enrolled in a dropout 4719
prevention and recovery program shall be exempt from this section 4720
only if it has been granted a waiver under section 3314.36 of the 4721
Revised Code.4722

       (b) Any community school in which a majority of the enrolled 4723
students are children with disabilities receiving special 4724
education and related services in accordance with Chapter 3323. of 4725
the Revised Code.4726

       (B) Any community school to which this section applies shall 4727
permanently close at the conclusion of the school year in which 4728
the school first becomes subject to this section. The sponsor and 4729
governing authority of the school shall comply with all procedures 4730
for closing a community school adopted by the department under 4731
division (E) of section 3314.015 of the Revised Code. The 4732
governing authority of the school shall not enter into a contract 4733
with any other sponsor under section 3314.03 of the Revised Code 4734
after the school closes.4735

       (C) In accordance with division (B) of section 3314.012 of 4736
the Revised Code, the department shall not consider the 4737
performance ratings assigned to a community school for its first 4738
two years of operation when determining whether the school meets 4739
the criteria prescribed by division (A)(1) or (2) of this section. 4740

       (D) Notwithstanding division (A)(3)(a) of this section, if, 4741
by March 31, 2013, the general assembly does not enact for 4742
community schools described in that division performance 4743
standards, a report card rating system, and criteria for closure, 4744
those schools shall be required to permanently close upon meeting 4745
the criteria prescribed in division (A)(2) of this section, except 4746
that, subject to division (C) of this section, only the 4747
performance ratings issued for the 2012-2013 school year and later 4748
shall count in determining if the criteria are met.4749

       Sec. 3314.351. (A) This section applies to any community 4750
school in which a majority of the students are enrolled in a 4751
dropout prevention and recovery program. Beginning on or after 4752
July 1, 2014, any such community school that has received a 4753
designation of "does not meet standards," as described in division 4754
(D)(1) of section 3314.017 of the Revised Code on the report card 4755
issued under that section, for at least two of the three most 4756
recent school years shall be subject to closure in accordance with 4757
this section.4758

       (B) Not later than the first day of September in each school 4759
year, the department of education shall notify each school subject 4760
to closure under this section that the school must close not later 4761
than the thirtieth day of the following June.4762

       A school so notified shall close as required.4763

       (C) A school that opens on or after July 1, 2014, shall not 4764
be subject to closure under this section for its first two years 4765
of operation. A school that is in operation prior to July 1, 2014, 4766
shall not be subject to closure under this section until after 4767
August 31, 2016.4768

       (D) The sponsor and governing authority of the school shall 4769
comply with all procedures for closing a community school adopted 4770
by the department under division (E) of section 3314.015 of the 4771
Revised Code. The governing authority of the school shall not 4772
enter into a contract with any other sponsor under section 3314.03 4773
of the Revised Code after the school closes.4774

       Sec. 3314.36. (A) Except as otherwise provided in division 4775
(D) of sectionSection 3314.35 of the Revised Code, that section4776
does not apply to any community school in which a majority of the 4777
students are enrolled in a dropout prevention and recovery program 4778
that is operated by the school and that has been granted a waiver 4779
by the department of education. TheUntil June 30, 2014, the4780
department shall grant a waiver to a dropout prevention and 4781
recovery program, within sixty days after the program applies for 4782
the waiver, if the program meets all of the following conditions:4783

       (1) The program serves only students not younger than sixteen 4784
years of age and not older than twenty-one years of age.4785

       (2) The program enrolls students who, at the time of their 4786
initial enrollment, either, or both, are at least one grade level 4787
behind their cohort age groups or experience crises that 4788
significantly interfere with their academic progress such that 4789
they are prevented from continuing their traditional programs.4790

       (3) The program requires students to attain at least the 4791
applicable score designated for each of the assessments prescribed 4792
under division (B)(1) of section 3301.0710 of the Revised Code or, 4793
to the extent prescribed by rule of the state board of education 4794
under division (D)(6) of section 3301.0712 of the Revised Code, 4795
division (B)(2) of that section.4796

       (4) The program develops an individual career plan for the 4797
student that specifies the student's matriculating to a two-year 4798
degree program, acquiring a business and industry credential, or 4799
entering an apprenticeship.4800

       (5) The program provides counseling and support for the 4801
student related to the plan developed under division (A)(4) of 4802
this section during the remainder of the student's high school 4803
experience.4804

       (6) Prior to receiving the waiver, the program has submitted 4805
to the department an instructional plan that demonstrates how the 4806
academic content standards adopted by the state board of education 4807
under section 3301.079 of the Revised Code will be taught and 4808
assessed.4809

       If the department does not act either to grant the waiver or 4810
to reject the program application for the waiver within sixty days 4811
as required under this section, the waiver shall be considered to 4812
be granted.4813

       (B) Notwithstanding division (A) of this section, the 4814
department shall not grant a waiver to any community school that 4815
did not qualify for a waiver under this section when it initially 4816
began operations, unless the state board of education approves the 4817
waiver.4818

       (C) Beginning on July 1, 2014, all community schools in which 4819
a majority of the students are enrolled in a dropout prevention 4820
and recovery program are subject to the provisions of section 4821
3314.351 of the Revised Code, regardless of whether a waiver has 4822
been granted under this section. Thereafter, no waivers shall be 4823
granted under this section.4824

       Sec. 3314.361. Notwithstanding anything to the contrary in 4825
this chapter, a community school that operates a drug recovery 4826
program in cooperation with a court shall be considered a dropout 4827
prevention and recovery program for purposes of this chapter, 4828
regardless of the ages of students or grade levels served by the 4829
school.4830

       Sec. 3314.37. (A) A five-year demonstration project is hereby 4831
established at the community schools known as the ISUS institutes. 4832
The project is a research and development initiative to collect 4833
and analyze data with which to improve dropout prevention and 4834
recovery programs, to evaluate various methodologies employed in 4835
those programs, to develop tools and criteria for evaluating 4836
community schools that operate dropout prevention and recovery 4837
programs, to institute stringent accountability measures for such 4838
community schools, and to direct curricular and programming 4839
decisions for such community schools. The program shall begin with 4840
the 2008-2009 school year and shall operate through the 2012-2013 4841
school year.4842

       (B) Under the demonstration project, the ISUS institutes 4843
shall select and pay the costs of an independent evaluator to 4844
create a study plan and collect and analyze data from the 4845
institutes. The ISUS institutes' selection of the independent 4846
evaluator is subject to the approval of the department of 4847
education. The data collected by the evaluator shall include, but 4848
need not be limited to, the following:4849

       (1) Baseline measures of student status at enrollment, 4850
including academic level; history of court involvement, drug use, 4851
and other behavioral problems; and the circumstances of the 4852
students' parenting and living arrangements;4853

       (2) Student academic progress, measured at multiple and 4854
regular intervals each school year;4855

       (3) Value-added elements of the institutes' dropout 4856
prevention and recovery programs, including industry 4857
certifications, college coursework, community service and service 4858
learning, apprenticeships, and internships;4859

       (4) Outcomes in addition to high school graduation, including 4860
students' contributions to community service and students' 4861
transitions to employment, post-secondary training, college, or 4862
the military.4863

       (C) Not later than the thirtieth day of September following 4864
each school year in which the demonstration project is operating, 4865
the independent evaluator shall do both of the following:4866

       (1) Submit to the ISUS institutes and the department all data 4867
collected and a report of its data analysis;4868

       (2) Submit a report of its data analysis to the speaker and 4869
minority leader of the house of representatives, the president and 4870
minority leader of the senate, and the chairpersons and ranking 4871
minority members of the standing committees of the house of 4872
representatives and the senate that consider education 4873
legislation.4874

       (D) For each school year in which the demonstration project 4875
is operating:4876

       (1) The ISUS institutes shall continue to report data through 4877
the education management information system under section 3314.17 4878
of the Revised Code.4879

       (2) The department shall continue to issue annual report 4880
cards for the ISUS institutes under section 3314.012 of the 4881
Revised Code and shall continue to assign them performance ratings 4882
under division (B) of section 3302.03 of the Revised Code.4883

       (E) Nothing in this section prevents the application to the 4884
ISUS institutes, during the demonstration project, of any 4885
provision of the Revised Code or rule or policy of the department 4886
or the state board of education requiring closure, or otherwise 4887
restricting the operation, of a community school based on measures 4888
of academic performance for any school year before or during the 4889
demonstration project. Nothing in this section prevents a sponsor 4890
of an ISUS institute from terminating or not renewing its contract 4891
with the school, from suspending the operations of the school, or 4892
from placing the school on probationary status, in accordance with 4893
this chapter, during the demonstration project. Nothing in this 4894
section prevents the auditor of state from taking action against 4895
an ISUS institute under Chapter 117. of the Revised Code or other 4896
applicable law during the demonstration project.4897

       (F) The department may conduct its own analysis of data 4898
submitted under the demonstration project.4899

       (G) Not later than December 31, 2013, the independent 4900
evaluator shall issue a final report of its findings and analysis 4901
and its recommendations for appropriate academic accountability 4902
measures for community schools that operate dropout prevention and 4903
recovery programs. The independent evaluator shall submit the 4904
report to the department, the speaker and minority leader of the 4905
house of representatives, the president and minority leader of the 4906
senate, and the chairpersons and ranking minority members of the 4907
standing committees of the house of representatives and the senate 4908
that consider education legislation.4909

       Sec. 3317.081.  (A) Tuition shall be computed in accordance 4910
with this section if:4911

       (1) The tuition is required by division (C)(3)(b) of section 4912
3313.64 of the Revised Code; or4913

       (2) Neither the child nor the child's parent resides in this 4914
state and tuition is required by section 3327.06 of the Revised 4915
Code.4916

       (B) Tuition computed in accordance with this section shall 4917
equal the attendance district's tuition rate computed under 4918
section 3317.08 of the Revised Code plus the amount in state 4919
education aid, as defined in section 3317.02 of the Revised Code,4920
that district would have received for the child during the school 4921
year had the attendance district been authorized to count the 4922
child in its formula ADM for that school year under section 4923
3317.03 of the Revised Code.4924

       Sec. 3319.11.  (A) As used in this section:4925

       (1) "Evaluation procedures" means the procedures required by 4926
the policy adopted pursuant to division (A) of section 3319.111 of 4927
the Revised Code.4928

       (2) "Limited contract" means a limited contract, as described 4929
in section 3319.08 of the Revised Code, that a school district 4930
board of education or governing board of an educational service 4931
center enters into with a teacher who is not eligible for 4932
continuing service status.4933

       (3) "Extended limited contract" means a limited contract, as 4934
described in section 3319.08 of the Revised Code, that a board of 4935
education or governing board enters into with a teacher who is 4936
eligible for continuing service status.4937

       (B) Teachers eligible for continuing service status in any 4938
city, exempted village, local, or joint vocational school district 4939
or educational service center shall be those teachers qualified as 4940
described in division (D) of section 3319.08 of the Revised Code, 4941
who within the last five years have taught for at least three 4942
years in the district or center, and those teachers who, having 4943
attained continuing contract status elsewhere, have served two 4944
years in the district or center, but the board, upon the 4945
recommendation of the superintendent, may at the time of 4946
employment or at any time within such two-year period, declare any 4947
of the latter teachers eligible.4948

       (1) Upon the recommendation of the superintendent that a 4949
teacher eligible for continuing service status be reemployed, a 4950
continuing contract shall be entered into between the board and 4951
the teacher unless the board by a three-fourths vote of its full 4952
membership rejects the recommendation of the superintendent. If 4953
the board rejects by a three-fourths vote of its full membership 4954
the recommendation of the superintendent that a teacher eligible 4955
for continuing service status be reemployed and the superintendent 4956
makes no recommendation to the board pursuant to division (C) of 4957
this section, the board may declare its intention not to reemploy 4958
the teacher by giving the teacher written notice on or before the 4959
first day of June of its intention not to reemploy the teacher. If 4960
evaluation procedures have not been complied with pursuant to 4961
section 3319.111 of the Revised Code or the board does not give 4962
the teacher written notice on or before the first day of June of 4963
its intention not to reemploy the teacher, the teacher is deemed 4964
reemployed under an extended limited contract for a term not to 4965
exceed one year at the same salary plus any increment provided by 4966
the salary schedule. The teacher is presumed to have accepted 4967
employment under the extended limited contract for a term not to 4968
exceed one year unless such teacher notifies the board in writing 4969
to the contrary on or before the fifteenth day of June, and an 4970
extended limited contract for a term not to exceed one year shall 4971
be executed accordingly. Upon any subsequent reemployment of the 4972
teacher only a continuing contract may be entered into.4973

       (2) If the superintendent recommends that a teacher eligible 4974
for continuing service status not be reemployed, the board may 4975
declare its intention not to reemploy the teacher by giving the 4976
teacher written notice on or before the first day of June of its 4977
intention not to reemploy the teacher. If evaluation procedures 4978
have not been complied with pursuant to section 3319.111 of the 4979
Revised Code or the board does not give the teacher written notice 4980
on or before the first day of June of its intention not to 4981
reemploy the teacher, the teacher is deemed reemployed under an 4982
extended limited contract for a term not to exceed one year at the 4983
same salary plus any increment provided by the salary schedule. 4984
The teacher is presumed to have accepted employment under the 4985
extended limited contract for a term not to exceed one year unless 4986
such teacher notifies the board in writing to the contrary on or 4987
before the fifteenth day of June, and an extended limited contract 4988
for a term not to exceed one year shall be executed accordingly. 4989
Upon any subsequent reemployment of a teacher only a continuing 4990
contract may be entered into.4991

       (3) Any teacher receiving written notice of the intention of 4992
a board not to reemploy such teacher pursuant to this division is 4993
entitled to the hearing provisions of division (G) of this 4994
section.4995

       (C)(1) If a board rejects the recommendation of the 4996
superintendent for reemployment of a teacher pursuant to division 4997
(B)(1) of this section, the superintendent may recommend 4998
reemployment of the teacher, if continuing service status has not 4999
previously been attained elsewhere, under an extended limited 5000
contract for a term not to exceed two years, provided that written 5001
notice of the superintendent's intention to make such 5002
recommendation has been given to the teacher with reasons directed 5003
at the professional improvement of the teacher on or before the 5004
first day of June. Upon subsequent reemployment of the teacher 5005
only a continuing contract may be entered into.5006

       (2) If a board of education takes affirmative action on a 5007
superintendent's recommendation, made pursuant to division (C)(1) 5008
of this section, of an extended limited contract for a term not to 5009
exceed two years but the board does not give the teacher written 5010
notice of its affirmative action on the superintendent's 5011
recommendation of an extended limited contract on or before the 5012
first day of June, the teacher is deemed reemployed under a 5013
continuing contract at the same salary plus any increment provided 5014
by the salary schedule. The teacher is presumed to have accepted 5015
employment under such continuing contract unless such teacher 5016
notifies the board in writing to the contrary on or before the 5017
fifteenth day of June, and a continuing contract shall be executed 5018
accordingly.5019

       (3) A board shall not reject a superintendent's 5020
recommendation, made pursuant to division (C)(1) of this section, 5021
of an extended limited contract for a term not to exceed two years 5022
except by a three-fourths vote of its full membership. If a board 5023
rejects by a three-fourths vote of its full membership the 5024
recommendation of the superintendent of an extended limited 5025
contract for a term not to exceed two years, the board may declare 5026
its intention not to reemploy the teacher by giving the teacher 5027
written notice on or before the first day of June of its intention 5028
not to reemploy the teacher. If evaluation procedures have not 5029
been complied with pursuant to section 3319.111 of the Revised 5030
Code or if the board does not give the teacher written notice on 5031
or before the first day of June of its intention not to reemploy 5032
the teacher, the teacher is deemed reemployed under an extended 5033
limited contract for a term not to exceed one year at the same 5034
salary plus any increment provided by the salary schedule. The 5035
teacher is presumed to have accepted employment under the extended 5036
limited contract for a term not to exceed one year unless such 5037
teacher notifies the board in writing to the contrary on or before 5038
the fifteenth day of June, and an extended limited contract for a 5039
term not to exceed one year shall be executed accordingly. Upon 5040
any subsequent reemployment of the teacher only a continuing 5041
contract may be entered into.5042

       Any teacher receiving written notice of the intention of a 5043
board not to reemploy such teacher pursuant to this division is 5044
entitled to the hearing provisions of division (G) of this 5045
section.5046

       (D) A teacher eligible for continuing contract status 5047
employed under an extended limited contract pursuant to division 5048
(B) or (C) of this section, is, at the expiration of such extended 5049
limited contract, deemed reemployed under a continuing contract at 5050
the same salary plus any increment granted by the salary schedule, 5051
unless evaluation procedures have been complied with pursuant to 5052
section 3319.111 of the Revised Code and the employing board, 5053
acting on the superintendent's recommendation that the teacher not 5054
be reemployed, gives the teacher written notice on or before the 5055
first day of June of its intention not to reemploy such teacher. A 5056
teacher who does not have evaluation procedures applied in 5057
compliance with section 3319.111 of the Revised Code or who does 5058
not receive notice on or before the first day of June of the 5059
intention of the board not to reemploy such teacher is presumed to 5060
have accepted employment under a continuing contract unless such 5061
teacher notifies the board in writing to the contrary on or before 5062
the fifteenth day of June, and a continuing contract shall be 5063
executed accordingly.5064

       Any teacher receiving a written notice of the intention of a 5065
board not to reemploy such teacher pursuant to this division is 5066
entitled to the hearing provisions of division (G) of this 5067
section.5068

       (E) The board shall enter into a limited contract with each 5069
teacher employed by the board who is not eligible to be considered 5070
for a continuing contract.5071

       Any teacher employed under a limited contract, and not 5072
eligible to be considered for a continuing contract, is, at the 5073
expiration of such limited contract, considered reemployed under 5074
the provisions of this division at the same salary plus any 5075
increment provided by the salary schedule unless evaluation 5076
procedures have been complied with pursuant to section 3319.111 of 5077
the Revised Code and the employing board, acting upon the 5078
superintendent's written recommendation that the teacher not be 5079
reemployed, gives such teacher written notice of its intention not 5080
to reemploy such teacher on or before the first day of June. A 5081
teacher who does not have evaluation procedures applied in 5082
compliance with section 3319.111 of the Revised Code or who does 5083
not receive notice of the intention of the board not to reemploy 5084
such teacher on or before the first day of June is presumed to 5085
have accepted such employment unless such teacher notifies the 5086
board in writing to the contrary on or before the fifteenth day of 5087
June, and a written contract for the succeeding school year shall 5088
be executed accordingly.5089

       Any teacher receiving a written notice of the intention of a 5090
board not to reemploy such teacher pursuant to this division is 5091
entitled to the hearing provisions of division (G) of this 5092
section.5093

       (F) The failure of a superintendent to make a recommendation 5094
to the board under any of the conditions set forth in divisions 5095
(B) to (E) of this section, or the failure of the board to give 5096
such teacher a written notice pursuant to divisions (C) to (E) of 5097
this section shall not prejudice or prevent a teacher from being 5098
deemed reemployed under either a limited or continuing contract as 5099
the case may be under the provisions of this section. A failure of 5100
the parties to execute a written contract shall not void any 5101
automatic reemployment provisions of this section.5102

       (G)(1) Any teacher receiving written notice of the intention 5103
of a board of education not to reemploy such teacher pursuant to 5104
division (B), (C)(3), (D), or (E) of this section may, within ten 5105
days of the date of receipt of the notice, file with the treasurer 5106
of the board a written demand for a written statement describing 5107
the circumstances that led to the board's intention not to 5108
reemploy the teacher.5109

       (2) The treasurer of a board, on behalf of the board, shall, 5110
within ten days of the date of receipt of a written demand for a 5111
written statement pursuant to division (G)(1) of this section, 5112
provide to the teacher a written statement describing the 5113
circumstances that led to the board's intention not to reemploy 5114
the teacher.5115

       (3) Any teacher receiving a written statement describing the 5116
circumstances that led to the board's intention not to reemploy 5117
the teacher pursuant to division (G)(2) of this section may, 5118
within five days of the date of receipt of the statement, file 5119
with the treasurer of the board a written demand for a hearing 5120
before the board pursuant to divisions (G)(4) to (6) of this 5121
section.5122

       (4) The treasurer of a board, on behalf of the board, shall, 5123
within ten days of the date of receipt of a written demand for a 5124
hearing pursuant to division (G)(3) of this section, provide to 5125
the teacher a written notice setting forth the time, date, and 5126
place of the hearing. The board shall schedule and conclude the 5127
hearing within forty days of the date on which the treasurer of 5128
the board receives a written demand for a hearing pursuant to 5129
division (G)(3) of this section.5130

       (5) Any hearing conducted pursuant to this division shall be 5131
conducted by a majority of the members of the board. The hearing 5132
shall be held in executive session of the board unless the board 5133
and the teacher agree to hold the hearing in public. The 5134
superintendent, assistant superintendent, the teacher, and any 5135
person designated by either party to take a record of the hearing 5136
may be present at the hearing. The board may be represented by 5137
counsel and the teacher may be represented by counsel or a 5138
designee. A record of the hearing may be taken by either party at 5139
the expense of the party taking the record.5140

       (6) Within ten days of the conclusion of a hearing conducted 5141
pursuant to this division, the board shall issue to the teacher a 5142
written decision containing an order affirming the intention of 5143
the board not to reemploy the teacher reported in the notice given 5144
to the teacher pursuant to division (B), (C)(3), (D), or (E) of 5145
this section or an order vacating the intention not to reemploy 5146
and expunging any record of the intention, notice of the 5147
intention, and the hearing conducted pursuant to this division.5148

       (7) A teacher may appeal an order affirming the intention of 5149
the board not to reemploy the teacher to the court of common pleas 5150
of the county in which the largest portion of the territory of the 5151
school district or service center is located, within thirty days 5152
of the date on which the teacher receives the written decision, on 5153
the grounds that the board has not complied with this section or 5154
section 3319.111 of the Revised Code.5155

       Notwithstanding section 2506.04 of the Revised Code, the 5156
court in an appeal under this division is limited to the 5157
determination of procedural errors and to ordering the correction 5158
of procedural errors and shall have no jurisdiction to order a 5159
board to reemploy a teacher, except that the court may order a 5160
board to reemploy a teacher in compliance with the requirements of 5161
division (B), (C)(3), (D), or (E) of this section when the court 5162
determines that evaluation procedures have not been complied with 5163
pursuant to section 3319.111 of the Revised Code or the board has 5164
not given the teacher written notice on or before the first day of 5165
June of its intention not to reemploy the teacher pursuant to 5166
division (B), (C)(3), (D), or (E) of this section. Otherwise, the 5167
determination whether to reemploy or not reemploy a teacher is 5168
solely a board's determination and not a proper subject of 5169
judicial review and, except as provided in this division, no 5170
decision of a board whether to reemploy or not reemploy a teacher 5171
shall be invalidated by the court on any basis, including that the 5172
decision was not warranted by the results of any evaluation or was 5173
not warranted by any statement given pursuant to division (G)(2) 5174
of this section.5175

       No appeal of an order of a board may be made except as 5176
specified in this division.5177

       (H)(1) In giving a teacher any notice required by division 5178
(B), (C), (D), or (E) of this section, the board or the 5179
superintendent shall do either of the following:5180

       (a) Deliver the notice by personal service upon the teacher;5181

       (b) Deliver the notice by certified mail, return receipt 5182
requested, addressed to the teacher at the teacher's place of 5183
employment and deliver a copy of the notice by certified mail, 5184
return receipt requested, addressed to the teacher at the 5185
teacher's place of residence.5186

       (2) In giving a board any notice required by division (B), 5187
(C), (D), or (E) of this section, the teacher shall do either of 5188
the following:5189

       (a) Deliver the notice by personal delivery to the office of 5190
the superintendent during regular business hours;5191

       (b) Deliver the notice by certified mail, return receipt 5192
requested, addressed to the office of the superintendent and 5193
deliver a copy of the notice by certified mail, return receipt 5194
requested, addressed to the president of the board at the 5195
president's place of residence.5196

       (3) When any notice and copy of the notice are mailed 5197
pursuant to division (H)(1)(b) or (2)(b) of this section, the 5198
notice or copy of the notice with the earlier date of receipt 5199
shall constitute the notice for the purposes of division (B), (C), 5200
(D), or (E) of this section.5201

       (I) The provisions of this section shall not apply to any 5202
supplemental written contracts entered into pursuant to section 5203
3319.08 of the Revised Code.5204

       (J) Notwithstanding any provision to the contrary in Chapter 5205
4117. of the Revised Code, the dates set forth in this section as 5206
"on or before the first day of June" or "on or before the 5207
fifteenth day of June" prevail over any conflicting provisions of 5208
a collective bargaining agreement entered into on or after the 5209
effective date of this amendment.5210

       Sec. 3319.111. Notwithstanding section 3319.09 of the Revised 5211
Code, this section applies to any person who is employed under a 5212
teacher license issued under this chapter, or under a professional 5213
or permanent teacher's certificate issued under former section 5214
3319.222 of the Revised Code, and who spends at least fifty per 5215
cent of the time employed providing student instruction. However, 5216
this section does not apply