Sub. H. B. No. 555 As Reported by the Senate Education Committee

As Reported by the Senate Education Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 555

Representatives Stebelton, Butler

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

A BILL

To amend sections 3301.079, 3301.0710, 3301.0711,

3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,

3302.03, 3302.033, 3302.04, 3302.041, 3302.05,

3302.10, 3302.12, 3302.20, 3302.21, 3310.03,

3310.06, 3311.741, 3311.80, 3313.473, 3313.608,

3314.011, 3314.012, 3314.013, 3314.015, 3314.016,

3314.02, 3314.05, 3314.35, 3314.36, 3314.37,

3317.081, 3319.11, 3319.111, 3319.112, 3319.58,

3326.03, 3333.041, 3333.048, 3333.391, 5910.01,

5910.02, and 5919.34; to enact sections 3302.034,

3302.036, 3310.16, 3314.017, 3314.351, 3314.361,

and 5910.07 of the Revised Code; and to amend

Section 267.10.90 of Am. Sub. H.B. 153 of the

129th General Assembly, as subsequently amended,

to create a new academic performance rating system

for public schools; to require an alternative

rating system for community schools with dropout

prevention and recovery programs; to create a new

evaluation process for community school sponsors;

to abolish the Ohio Accountability Task Force to

make changes in the third grade reading guarantee;

to modify the procedure for approving the opening

of new Internet- or computer-based community

schools; to make changes in the War Orphans

Scholarship and Ohio National Guard Scholarship

programs; and to make other changes to education

laws.

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, 3302.036,	35
3310.16, 3314.017, 3314.351, 3314.361, and 5910.07 of the Revised	36
Code be 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:

(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 arts~~	133
reading, writing, and mathematics and for grade three in ~~English~~	134
~~language arts~~reading 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) ~~Two~~Three 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) ~~Four~~Three 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) ~~Two~~Three 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) ~~Four~~Three 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
~~three~~five 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

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 third	1222
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 3302.03~~assign additional	1277
weights to students who have been permitted to pass over a grade	1278
or subject in accordance with a student acceleration policy	1279
adopted under section 3324.10 of the Revised Code. If, for a	1280
school year, such a student attains the proficient score	1281
prescribed under division (A)(2)(c) of section 3301.0710 of the	1282
Revised Code or higher on an assessment, the department shall	1283
assign the student, for that school year, the weight prescribed	1284
for the next higher scoring level. If, for a school year, such a	1285
student attains the advanced score, prescribed under division	1286
(A)(2)(a) of section 3301.0710 of the Revised Code, on an	1287
assessment, the department shall assign to the student an	1288
additional proportional weight for that school year, as approved	1289
by the state board.	1290

Students shall be included in the "performance index score"	1291
in accordance with division ~~(D)~~(K)(2) of section 3302.03 of the	1292
Revised Code.	1293

(B) "Subgroup" means a subset of the entire student	1294
population of the state, a school district, or a school building	1295
and includes each of the following:	1296

(1) Major racial and ethnic groups;

1297

(2) Students with disabilities;

1298

(3) Economically disadvantaged students;

1299

(4) Limited English proficient students;

1300

(5) Students identified as gifted in superior cognitive	1301
ability and specific academic ability fields under Chapter 3324.	1302
of the Revised Code. For students who are gifted in specific	1303
academic ability fields, the department shall use data for those	1304
students with specific academic ability in math and reading. If	1305
any other academic field is assessed, the department shall also	1306
include data for students with specific academic ability in that	1307
field.	1308

(6) Students in the lowest quintile for achievement	1309
statewide, as determined by a method prescribed by the state board	1310
of education.	1311

(C) "No Child Left Behind Act of 2001" includes the statutes	1312
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	1313
rules and regulations promulgated pursuant to those statutes,	1314
guidance documents, and any other policy directives regarding	1315
implementation of that act issued by the United States department	1316
of education.	1317

(D) "Adequate yearly progress" means a measure of annual	1318
academic performance as calculated in accordance with the "No	1319
Child Left Behind Act of 2001."	1320

(E) "Supplemental educational services" means additional	1321
academic assistance, such as tutoring, remediation, or other	1322
educational enrichment activities, that is conducted outside of	1323
the regular school day by a provider approved by the department in	1324
accordance with the "No Child Left Behind Act of 2001."	1325

(F) "Value-added progress dimension" means a measure of	1326
academic gain for a student or group of students over a specific	1327
period of time that is calculated by applying a statistical	1328
methodology to individual student achievement data derived from	1329
the achievement assessments prescribed by section 3301.0710 of the	1330
Revised Code. The "value-added progress dimension" shall be	1331
developed and implemented in accordance with section 3302.021 of	1332
the Revised Code.	1333

(G)(1) "Four-year adjusted cohort graduation rate" means the	1334
number of students who graduate in four years or less with a	1335
regular high school diploma divided by the number of students who	1336
form the adjusted cohort for the graduating class.	1337

(2) "Five-year adjusted cohort graduation rate" means the	1338
number of students who graduate in five years with a regular high	1339
school diploma divided by the number of students who form the	1340
adjusted cohort for the four-year graduation rate.	1341

(H) "State institution of higher education" has the same	1342
meaning as in section 3345.011 of the Revised Code.	1343

(I) "Annual measurable objectives" means a measure of student	1344
progress determined in accordance with an agreement between the	1345
department of education and the United States department of	1346
education.	1347

Sec. 3302.02. Not later than one year after the adoption of	1348
rules under division (D) of section 3301.0712 of the Revised Code	1349
and at least every sixth year thereafter, upon recommendations of	1350
the superintendent of public instruction, the state board of	1351
education shall establish a set of performance indicators that	1352
considered as a unit will be used as one of the performance	1353
categories for the report cards required by ~~division (C) of~~	1354
section 3302.03 of the Revised Code. In establishing these	1355
indicators, the superintendent shall consider inclusion of student	1356
performance on assessments prescribed under section 3301.0710 or	1357
3301.0712 of the Revised Code, rates of student improvement on	1358
such assessments, ~~student attendance,~~ the breadth of coursework	1359
available within the district, and other indicators of student	1360
success. ~~Not later than December 31, 2011, the state board, upon~~	1361
~~recommendation of the superintendent, shall establish a~~	1362

Beginning with the report card for the 2014-2015 school year,	1363
the performance ~~indicator reflecting~~indicators shall include an	1364
indicator that reflects the level of services provided to, and the	1365
performance of, students identified as gifted under Chapter 3324.	1366
of the Revised Code. The indicator shall include the performance	1367
of students identified as gifted on state assessments and	1368
value-added growth measure disaggregated for students identified	1369
as gifted.	1370

For the 2013-2014 school year, except as otherwise provided	1371
in this section, for any indicator based on the percentage of	1372
students attaining a proficient score on the assessments	1373
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	1374
Revised Code, a school district or building shall be considered to	1375
have met the indicator if at least eighty per cent of the tested	1376
students attain a score of proficient or higher on the assessment.	1377
A school district or building shall be considered to have met the	1378
indicator for the assessments prescribed by division (B)(1) of	1379
section 3301.0710 of the Revised Code and only as administered to	1380
eleventh grade students, if at least eighty-five per cent of the	1381
tested students attain a score of proficient or higher on the	1382
assessment. Not later than July 1, 2014, the state board may adopt	1383
rules, under Chapter 119. of the Revised Code, to establish	1384
different proficiency percentages to meet each indicator that is	1385
based on a state assessment for the 2014-2015 school year and	1386
thereafter.	1387

~~The superintendent shall inform the Ohio accountability task~~	1388
~~force established under section 3302.021 of the Revised Code of~~	1389
~~the performance indicators the superintendent establishes under~~	1390
~~this section and the rationale for choosing each indicator and for~~	1391
~~determining how a school district or building meets that~~	1392
~~indicator.~~	1393

The superintendent shall not establish any performance	1394
indicator for passage of the third or fourth grade English	1395
language arts assessment that is solely based on the assessment	1396
given in the fall for the purpose of determining whether students	1397
have met the reading guarantee provisions of section 3313.608 of	1398
the Revised Code.	1399

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1400
later than July 1, 2007, the department of education shall	1401
implement a value-added progress dimension for school districts	1402
and buildings and shall incorporate the value-added progress	1403
dimension into the report cards and performance ratings issued for	1404
districts and buildings under section 3302.03 of the Revised Code.	1405

The state board of education shall adopt rules, pursuant to	1406
Chapter 119. of the Revised Code, for the implementation of the	1407
value-added progress dimension. ~~In adopting rules, the state board~~	1408
~~shall consult with the Ohio accountability task force established~~	1409
~~under division (E) of this section.~~ The rules adopted under this	1410
division shall specify both of the following:	1411

(1) A scale for describing the levels of academic progress in	1412
reading and mathematics relative to a standard year of academic	1413
growth in those subjects for each of grades three through eight;	1414

(2) That the department shall maintain the confidentiality of	1415
individual student test scores and individual student reports in	1416
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1417
Revised Code and federal law. The department may require school	1418
districts to use a unique identifier for each student for this	1419
purpose. Individual student test scores and individual student	1420
reports shall be made available only to a student's classroom	1421
teacher and other appropriate educational personnel and to the	1422
student's parent or guardian.	1423

(B) The department shall use a system designed for collecting	1424
necessary data, calculating the value-added progress dimension,	1425
analyzing data, and generating reports, which system has been used	1426
previously by a nonprofit organization led by the Ohio business	1427
community for at least one year in the operation of a pilot	1428
program in cooperation with school districts to collect and report	1429
student achievement data via electronic means and to provide	1430
information to the districts regarding the academic performance of	1431
individual students, grade levels, school buildings, and the	1432
districts as a whole.	1433

(C) The department shall not pay more than two dollars per	1434
student for data analysis and reporting to implement the	1435
value-added progress dimension in the same manner and with the	1436
same services as under the pilot program described by division (B)	1437
of this section. However, nothing in this section shall preclude	1438
the department or any school district from entering into a	1439
contract for the provision of more services at a higher fee per	1440
student. Any data analysis conducted under this section by an	1441
entity under contract with the department shall be completed in	1442
accordance with timelines established by the superintendent of	1443
public instruction.	1444

(D) The department shall share any aggregate student data and	1445
any calculation, analysis, or report utilizing aggregate student	1446
data that is generated under this section with the chancellor of	1447
the Ohio board of regents. The department shall not share	1448
individual student test scores and individual student reports with	1449
the chancellor.	1450

~~(E)(1) There is hereby established the Ohio accountability~~	1451
~~task force. The task force shall consist of the following thirteen~~	1452
~~members:~~	1453

~~(a) The chairpersons and ranking minority members of the~~	1454
~~house of representatives and senate standing committees primarily~~	1455
~~responsible for education legislation, who shall be nonvoting~~	1456
~~members;~~	1457

~~(b) One representative of the governor's office, appointed by~~	1458
~~the governor;~~	1459

~~(c) The superintendent of public instruction, or the~~	1460
~~superintendent's designee;~~	1461

~~(d) One representative of teacher employee organizations~~	1462
~~formed pursuant to Chapter 4117. of the Revised Code, appointed by~~	1463
~~the speaker of the house of representatives;~~	1464

~~(e) One representative of school district boards of~~	1465
~~education, appointed by the president of the senate;~~	1466

~~(f) One school district superintendent, appointed by the~~	1467
~~speaker of the house of representatives;~~	1468

~~(g) One representative of business, appointed by the~~	1469
~~president of the senate;~~	1470

~~(h) One representative of a nonprofit organization led by the~~	1471
~~Ohio business community, appointed by the governor;~~	1472

~~(i) One school building principal, appointed by the president~~	1473
~~of the senate;~~	1474

~~(j) A member of the state board of education, appointed by~~	1475
~~the speaker of the house of representatives.~~	1476

~~Initial appointed members of the task force shall serve until~~	1477
~~January 1, 2005. Thereafter, terms of office for appointed members~~	1478
~~shall be for two years, each term ending on the same day of the~~	1479
~~same month as did the term that it succeeds. Each appointed member~~	1480
~~shall hold office from the date of appointment until the end of~~	1481
~~the term for which the member was appointed. Members may be~~	1482
~~reappointed. Vacancies shall be filled in the same manner as the~~	1483
~~original appointment. Any member appointed to fill a vacancy~~	1484
~~occurring prior to the expiration of the term for which the~~	1485
~~member's predecessor was appointed shall hold office for the~~	1486
~~remainder of that term.~~	1487

~~The task force shall select from among its members a~~	1488
~~chairperson. The task force shall meet at least once each calendar~~	1489
~~year and at other times upon the call of the chairperson to~~	1490
~~conduct its business. Members of the task force shall serve~~	1491
~~without compensation.~~	1492

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

1493

~~(a) Examine the implementation of the value-added progress~~	1494
~~dimension by the department, including the system described in~~	1495
~~division (B) of this section, the reporting of performance data to~~	1496
~~school districts and buildings, and the provision of professional~~	1497
~~development on the interpretation of the data to classroom~~	1498
~~teachers and administrators;~~	1499

~~(b) Periodically review any fees for data analysis and~~	1500
~~reporting paid by the department pursuant to division (C) of this~~	1501
~~section and determine if the fees are appropriate based upon the~~	1502
~~level of services provided;~~	1503

~~(c) Periodically report to the department and~~ ~~the~~ state board	1504
on all issues related to the school district and building	1505
accountability system established under this chapter;	1506

~~(d) Not later than seven years after its initial meeting,~~	1507
~~make recommendations to improve the school district and building~~	1508
~~accountability system established under this chapter. The task~~	1509
~~force shall adopt recommendations by a majority vote of its~~	1510
~~members. Copies of the recommendations shall be provided to the~~	1511
~~state board, the governor, the speaker of the house of~~	1512
~~representatives, and the president of the senate.~~	1513

~~(e) Determine starting dates for the implementation of the~~	1514
~~value-added progress dimension and its incorporation into school~~	1515
~~district and building report cards and performance ratings.~~	1516

Sec. 3302.03. ~~(A) Annually the department of education shall~~	1517
~~report for each school district and each school building in a~~	1518
~~district all of the following:~~	1519

~~(1) The extent to which the school district or building meets~~	1520
~~each of the applicable performance indicators created by the state~~	1521
~~board of education under section 3302.02 of the Revised Code and~~	1522
~~the number of applicable performance indicators that have been~~	1523
~~achieved;~~	1524

~~(2) The performance index score of the school district or~~	1525
~~building;~~	1526

~~(3) Whether the school district or building has made adequate~~	1527
~~yearly progress;~~	1528

~~(4) Whether the school district or building is excellent,~~	1529
~~effective, needs continuous improvement, is under an academic~~	1530
~~watch, or is in a state of academic emergency.~~	1531

~~(B) Except as otherwise provided in division (B)(6) of this~~	1532
~~section:~~	1533

~~(1) A school district or building shall be declared excellent~~	1534
~~if it meets at least ninety-four per cent of the applicable state~~	1535
~~performance indicators or has a performance index score~~	1536
~~established by the department, except that if it does not make~~	1537
~~adequate yearly progress for two or more of the same subgroups for~~	1538
~~three or more consecutive years, it shall be declared effective.~~	1539

~~(2) A school district or building shall be declared effective~~	1540
~~if it meets at least seventy-five per cent but less than~~	1541
~~ninety-four per cent of the applicable state performance~~	1542
~~indicators or has a performance index score established by the~~	1543
~~department, except that if it does not make adequate yearly~~	1544
~~progress for two or more of the same subgroups for three or more~~	1545
~~consecutive years, it shall be declared in need of continuous~~	1546
~~improvement.~~	1547

~~(3) A school district or building shall be declared to be in~~	1548
~~need of continuous improvement if it fulfills one of the following~~	1549
~~requirements:~~	1550

~~(a) It makes adequate yearly progress, meets less than~~	1551
~~seventy-five per cent of the applicable state performance~~	1552
~~indicators, and has a performance index score established by the~~	1553
~~department.~~	1554

~~(b) It does not make adequate yearly progress and either~~	1555
~~meets at least fifty per cent but less than seventy-five per cent~~	1556
~~of the applicable state performance indicators or has a~~	1557
~~performance index score established by the department.~~	1558

~~(4) A school district or building shall be declared to be~~	1559
~~under an academic watch if it does not make adequate yearly~~	1560
~~progress and either meets at least thirty-one per cent but less~~	1561
~~than fifty per cent of the applicable state performance indicators~~	1562
~~or has a performance index score established by the department.~~	1563

~~(5) A school district or building shall be declared to be in~~	1564
~~a state of academic emergency if it does not make adequate yearly~~	1565
~~progress, does not meet at least thirty-one per cent of the~~	1566
~~applicable state performance indicators, and has a performance~~	1567
~~index score established by the department.~~	1568

~~(6) Division (B)(6) of this section does not apply to any~~	1569
~~community school established under Chapter 3314. of the Revised~~	1570
~~Code in which a majority of the students are enrolled in a dropout~~	1571
~~prevention and recovery program.~~	1572

~~A school district or building shall not be assigned a higher~~	1573
~~performance rating than in need of continuous improvement if at~~	1574
~~least ten per cent but not more than fifteen per cent of the~~	1575
~~enrolled students do not take all achievement assessments~~	1576
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1577
~~of section 3301.0710 of the Revised Code from which they are not~~	1578
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1579
~~the Revised Code. A school district or building shall not be~~	1580
~~assigned a higher performance rating than under an academic watch~~	1581
~~if more than fifteen per cent but not more than twenty per cent of~~	1582
~~the enrolled students do not take all achievement assessments~~	1583
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1584
~~of section 3301.0710 of the Revised Code from which they are not~~	1585
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1586
~~the Revised Code. A school district or building shall not be~~	1587
~~assigned a higher performance rating than in a state of academic~~	1588
~~emergency if more than twenty per cent of the enrolled students do~~	1589
~~not take all achievement assessments prescribed for their grade~~	1590
~~level under division (A)(1) or (B)(1) of section 3301.0710 of the~~	1591
~~Revised Code from which they are not excused pursuant to division~~	1592
~~(C)(1) or (3) of section 3301.0711 of the Revised Code.~~	1593

~~(C)(1) The department shall issue annual report cards for~~	1594
~~each school district, each building within each district, and for~~	1595
~~the state as a whole reflecting performance on the indicators~~	1596
~~created by the state board under section 3302.02 of the Revised~~	1597
~~Code, the performance index score, and adequate yearly progress.~~	1598

~~(2) The department shall include on the report card for each~~	1599
~~district information pertaining to any change from the previous~~	1600
~~year made by the school district or school buildings within the~~	1601
~~district on any performance indicator.~~	1602

~~(3)~~Annually, not later than the fifteenth day of September	1603
or the preceding Friday when that day falls on a Saturday or	1604
Sunday, the department of education shall assign a letter grade	1605
for overall academic performance and for each separate performance	1606
measure for each school district, and each school building in a	1607
district, in accordance with this section. The state board shall	1608
adopt rules pursuant to Chapter 119. of the Revised Code to	1609
establish performance criteria for each letter grade and prescribe	1610
a method by which the department assigns each letter grade. For a	1611
school building to which any of the performance measures do not	1612
apply, due to grade levels served by the building, the state board	1613
shall designate the performance measures that are applicable to	1614
the building and that must be calculated separately and used to	1615
calculate the building's overall grade. The department shall issue	1616
annual report cards reflecting the performance of each school	1617
district, each building within each district, and for the state as	1618
a whole using the performance measures and letter grade system	1619
described in this section. The department shall include on the	1620
report card for each district and each building within each	1621
district the most recent two-year trend data in student	1622
achievement for each subject and each grade.	1623

(A)(1) For the 2012-2013 school year, the department shall	1624
issue grades as described in division (E) of this section for each	1625
of the following performance measures:	1626

(a) Annual measurable objectives;

1627

(b) Performance index score for a school district or	1628
building. Grades shall be awarded as a percentage of the total	1629
possible points on the performance index system as adopted by the	1630
state board. In adopting benchmarks for assigning letter grades	1631
under division (A)(1)(b) of this section, the state board of	1632
education shall designate ninety per cent or higher for an "A," at	1633
least seventy per cent but not more than eighty per cent for a	1634
"C," and less than fifty per cent for an "F."	1635

(c) The extent to which the school district or building meets	1636
each of the applicable performance indicators established by the	1637
state board under section 3302.02 of the Revised Code and the	1638
percentage of applicable performance indicators that have been	1639
achieved. In adopting benchmarks for assigning letter grades under	1640
division (A)(1)(c) of this section, the state board shall	1641
designate ninety per cent or higher for an "A."	1642

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

1643

In adopting benchmarks for assigning letter grades under	1644
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1645
department shall designate a four-year adjusted cohort graduation	1646
rate of ninety-three per cent or higher for an "A" and a five-year	1647
cohort graduation rate of ninety-five per cent or higher for an	1648
"A."	1649

(e) The overall score under the value-added progress	1650
dimension of a school district or building, for which the	1651
department shall use up to three years of value-added data as	1652
available. The letter grade assigned for this growth measure shall	1653
be as follows:	1654

(i) A score that is at least two standard errors of measure	1655
above the mean score shall be designated as an "A."	1656

(ii) A score that is at least one standard error of measure	1657
but less than two standard errors of measure above the mean score	1658
shall be designated as a "B."	1659

(iii) A score that is less than one standard error of measure	1660
above the mean score but greater than or equal to one standard	1661
error of measure below the mean score shall be designated as a	1662
"C."	1663

(iv) A score that is not greater than one standard error of	1664
measure below the mean score but is greater than or equal to two	1665
standard errors of measure below the mean score shall be	1666
designated as a "D."	1667

(v) A score that is not greater than two standard errors of	1668
measure below the mean score shall be designated as an "F."	1669

Whenever the value-added progress dimension is used as a	1670
graded performance measure, whether as an overall measure or as a	1671
measure of separate subgroups, the grades for the measure shall be	1672
calculated in the same manner as prescribed in division (A)(1)(e)	1673
of this section.	1674

(f) The value-added progress dimension score for a school	1675
district or building disaggregated for each of the following	1676
subgroups: students identified as gifted, students with	1677
disabilities, and students whose performance places them in the	1678
lowest quintile for achievement on a statewide basis. Each	1679
subgroup shall be a separate graded measure.	1680

(2) Not later than April 30, 2013, the state board of	1681
education shall adopt a resolution describing the performance	1682
measures, benchmarks, and grading system for the 2012-2013 school	1683
year and, not later than June 30, 2013, shall adopt rules in	1684
accordance with Chapter 119. of the Revised Code that prescribe	1685
the methods by which the performance measures under division	1686
(A)(1) of this section shall be assessed and assigned a letter	1687
grade, including performance benchmarks for each letter grade.	1688

At least forty-five days prior to the state board's adoption	1689
of rules to prescribe the methods by which the performance	1690
measures under division (A)(1) of this section shall be assessed	1691
and assigned a letter grade, the department shall conduct a public	1692
presentation before the standing committees of the house of	1693
representatives and the senate that consider education legislation	1694
describing such methods, including performance benchmarks.	1695

(3) There shall not be an overall letter grade for a school	1696
district or building for the 2012-2013 school year.	1697

(B)(1) For the 2013-2014 school year, the department shall	1698
issue grades as described in division (E) of this section for each	1699
of the following performance measures:	1700

(a) Annual measurable objectives;

1701

(b) Performance index score for a school district or	1702
building. Grades shall be awarded as a percentage of the total	1703
possible points on the performance index system as created by the	1704
department. In adopting benchmarks for assigning letter grades	1705
under division (B)(1)(b) of this section, the state board shall	1706
designate ninety per cent or higher for an "A," at least seventy	1707
per cent but not more than eighty per cent for a "C," and less	1708
than fifty per cent for an "F."	1709

(c) The extent to which the school district or building meets	1710
each of the applicable performance indicators established by the	1711
state board under section 3302.03 of the Revised Code and the	1712
percentage of applicable performance indicators that have been	1713
achieved. In adopting benchmarks for assigning letter grades under	1714
division (B)(1)(c) of this section, the state board shall	1715
designate ninety per cent or higher for an "A."	1716

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

1717

(e) The overall score under the value-added progress	1718
dimension of a school district or building, for which the	1719
department shall use up to three years of value-added data as	1720
available.	1721

(f) The value-added progress dimension score for a school	1722
district or building disaggregated for each of the following	1723
subgroups: students identified as gifted in superior cognitive	1724
ability and specific academic ability fields under Chapter 3324.	1725
of the Revised Code, students with disabilities, and students	1726
whose performance places them in the lowest quintile for	1727
achievement on a statewide basis. Each subgroup shall be a	1728
separate graded measure.	1729

(g) Whether a school district or building is making progress	1730
in improving literacy in grades kindergarten through three, as	1731
determined using a method prescribed by the state board. The state	1732
board shall adopt rules to prescribe benchmarks and standards for	1733
assigning grades to districts and buildings for purposes of	1734
division (B)(1)(j) of this section. The state board shall	1735
designate for a "C" grade a value that is not lower than the	1736
statewide average value for this measure. No grade shall be issued	1737
under divisions (B)(1)(g) and (C)(1)(j) of this section for a	1738
district or building in which less than five per cent of students	1739
have scored below grade level on the diagnostic assessment	1740
administered to students in kindergarten under division (B)(1) of	1741
section 3313.608 of the Revised Code.	1742

(2) In addition to the graded measures in division (B)(1) of	1743
this section, the department shall include on a school district's	1744
or building's report card all of the following without an assigned	1745
letter grade:	1746

(a) The percentage of students enrolled in a district or	1747
building participating in advanced placement classes and the	1748
percentage of those students who received a score of three or	1749
better on advanced placement examinations;	1750

(b) The number of a district's or building's students who	1751
have earned at least three college credits through dual enrollment	1752
programs, such as the post-secondary enrollment options program	1753
under Chapter 3365. of the Revised Code and state-approved	1754
career-technical courses offered through dual enrollment or	1755
statewide articulation, that appear on a student's transcript or	1756
other official document, either of which is issued by the	1757
institution of higher education from which the student earned the	1758
college credit. The credits earned that are reported under	1759
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1760
include any that are remedial or developmental and shall include	1761
those that count toward the curriculum requirements established	1762
for completion of a degree.	1763

(c) The percentage of students enrolled in a district or	1764
building who have taken a national standardized test used for	1765
college admission determinations and the percentage of those	1766
students who are determined to be remediation-free in accordance	1767
with standards adopted under division (F) of section 3345.061 of	1768
the Revised Code;	1769

(d) The percentage of the district's or the building's	1770
students who receive industry credentials. The state board shall	1771
adopt criteria for acceptable industry credentials.	1772

(e) The percentage of students enrolled in a district or	1773
building who are participating in an international baccalaureate	1774
program and the percentage of those students who receive a score	1775
of four or better on the international baccalaureate examinations.	1776

(f) The percentage of the district's or building's students	1777
who receive an honors diploma under division (B) of section	1778
3313.61 of the Revised Code.	1779

(3) Not later than December 31, 2013, the state board shall	1780
adopt rules in accordance with Chapter 119. of the Revised Code	1781
that prescribe the methods by which the performance measures under	1782
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1783
and assigned a letter grade, including performance benchmarks for	1784
each grade.	1785

At least forty-five days prior to the state board's adoption	1786
of rules to prescribe the methods by which the performance	1787
measures under division (B)(1) of this section shall be assessed	1788
and assigned a letter grade, the department shall conduct a public	1789
presentation before the standing committees of the house of	1790
representatives and the senate that consider education legislation	1791
describing such methods, including performance benchmarks.	1792

(4) There shall not be an overall letter grade for a school	1793
district or building for the 2013-2014 school year.	1794

(C)(1) For the 2014-2015 school year and each school year	1795
thereafter, the department shall issue grades as described in	1796
division (E) of this section for each of the following performance	1797
measures and an overall letter grade based on an aggregate of	1798
those measures:	1799

(a) Annual measurable objectives;

1800

(b) Performance index score for a school district or	1801
building. Grades shall be awarded as a percentage of the total	1802
possible points on the performance index system as created by the	1803
department. In adopting benchmarks for assigning letter grades	1804
under division (C)(1)(b) of this section, the state board shall	1805
designate ninety per cent or higher for an "A," at least seventy	1806
per cent but not more than eighty per cent for a "C," and less	1807
than fifty per cent for an "F."	1808

(c) The extent to which the school district or building meets	1809
each of the applicable performance indicators established by the	1810
state board under section 3302.03 of the Revised Code and the	1811
percentage of applicable performance indicators that have been	1812
achieved. In adopting benchmarks for assigning letter grades under	1813
division (C)(1)(c) of this section, the state board shall	1814
designate ninety per cent or higher for an "A."	1815

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

1816

(e) The overall score under the value-added progress	1817
dimension, or another measure of student academic progress if	1818
adopted by the state board, of a school district or building, for	1819
which the department shall use up to three years of value-added	1820
data as available.	1821

In adopting benchmarks for assigning letter grades for	1822
overall score on value-added progress dimension under division	1823
(C)(1)(e) of this section, the state board shall prohibit the	1824
assigning of a grade of "A" for that measure unless the district's	1825
or building's grade assigned for value-added progress dimension	1826
for all subgroups under division (C)(1)(i) of this section is a	1827
"B" or higher.	1828

For the metric prescribed by division (C)(1)(e) of this	1829
section, the state board may adopt a student academic progress	1830
measure to be used instead of the value-added progress dimension.	1831
If the state board adopts such a measure, it also shall prescribe	1832
a method for assigning letter grades for the new measure that is	1833
comparable to the method prescribed in division (A)(1)(e) of this	1834
section.	1835

(f) The value-added progress dimension score of a school	1836
district or building disaggregated for each of the following	1837
subgroups: students identified as gifted in superior cognitive	1838
ability and specific academic ability fields under Chapter 3324.	1839
of the Revised Code, students with disabilities, and students	1840
whose performance places them in the lowest quintile for	1841
achievement on a statewide basis, as determined by a method	1842
prescribed by the state board. Each subgroup shall be a separate	1843
graded measure.	1844

The state board may adopt student academic progress measures	1845
to be used instead of the value-added progress dimension. If the	1846
state board adopts such measures, it also shall prescribe a method	1847
for assigning letter grades for the new measures that is	1848
comparable to the method prescribed in division (A)(1)(e) of this	1849
section.	1850

(g) Whether a school district or building is making progress	1851
in improving literacy in grades kindergarten through three, as	1852
determined using a method prescribed by the state board. The state	1853
board shall adopt rules to prescribe benchmarks and standards for	1854
assigning grades to a district or building for purposes of	1855
division (C)(1)(j) of this section. The state board shall	1856
designate for a "C" grade a value that is not lower than the	1857
statewide average value for this measure. No grade shall be issued	1858
under division (C)(1)(g) of this section for a district or	1859
building in which less than five per cent of students have scored	1860
below grade level on the kindergarten diagnostic assessment under	1861
division (B)(1) of section 3313.608 of the Revised Code.	1862

(2) In addition to the graded measures in division (C)(1) of	1863
this section, the department shall include on a school district's	1864
or building's report card all of the following without an assigned	1865
letter grade:	1866

(a) The percentage of students enrolled in a district or	1867
building who have taken a national standardized test used for	1868
college admission determinations and the percentage of those	1869
students who are determined to be remediation-free in accordance	1870
with the standards adopted under division (F) of section 3345.061	1871
of the Revised Code;	1872

(b) The percentage of students enrolled in a district or	1873
building participating in advanced placement classes and the	1874
percentage of those students who received a score of three or	1875
better on advanced placement examinations;	1876

(c) The number of a district's or building's students who	1877
have earned at least three college credits through dual enrollment	1878
programs, such as the post-secondary enrollment options program	1879
under Chapter 3365. of the Revised Code and state-approved	1880
career-technical courses offered through dual enrollment or	1881
statewide articulation, that appear on a student's transcript or	1882
other official document, either of which is issued by the	1883
institution of higher education from which the student earned the	1884
college credit. The credits earned that are reported under	1885
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1886
include any that are remedial or developmental and shall include	1887
those that count toward the curriculum requirements established	1888
for completion of a degree.	1889

(d) The percentage of the district's or building's students	1890
who receive an honor's diploma under division (B) of section	1891
3313.61 of the Revised Code;	1892

(e) The percentage of the district's or building's students	1893
who receive industry credentials;	1894

(f) The percentage of students enrolled in a district or	1895
building who are participating in an international baccalaureate	1896
program and the percentage of those students who receive a score	1897
of four or better on the international baccalaureate examinations;	1898

(g) The results of the college and career-ready assessments	1899
administered under division (B)(1) of section 3301.0712 of the	1900
Revised Code.	1901

(3) The state board shall adopt rules pursuant to Chapter	1902
119. of the Revised Code that establish a method to assign an	1903
overall grade for a school district or school building for the	1904
2014-2015 school year and each school year thereafter. The rules	1905
shall group the performance measures in divisions (C)(1) and (2)	1906
of this section into the following components:	1907

(a) Gap closing, which shall include the performance measure	1908
in division (C)(1)(a) of this section;	1909

(b) Achievement, which shall include the performance measures	1910
in divisions (C)(1)(b) and (c) of this section;	1911

(c) Progress, which shall include the performance measures in	1912
divisions (C)(1)(e) and (i) of this section;	1913

(d) Graduation, which shall include the performance measure	1914
in division (C)(1)(d) of this section;	1915

(e) Kindergarten through third-grade literacy, which shall	1916
include the performance measure in division (C)(1)(k) of this	1917
section;	1918

(f) Prepared for success, which shall include the performance	1919
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1920
this section. The state board shall develop a method to determine	1921
a grade for the component in division (C)(3)(f) of this section	1922
using the performance measures in divisions (C)(2)(a), (b), (c),	1923
(d), (e), and (f) of this section. When available, the state board	1924
may incorporate the performance measure under division (C)(2)(g)	1925
of this section into the component under division (C)(3)(f) of	1926
this section. In determining the overall score under division	1927
(C)(3)(f) of this section, the state board shall ensure that the	1928
pool of students included in the performance measures aggregated	1929
under that division are all of the students included in the four-	1930
and five-year adjusted graduation cohort.	1931

In the rules adopted under division (C)(3) of this section,	1932
the state board shall adopt a method for determining a grade for	1933
each component in divisions (C)(3)(a) to (f) of this section. The	1934
state board also shall establish a method to assign an overall	1935
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1936
each component. The method the state board adopts for assigning an	1937
overall grade shall give equal weight to the components in	1938
divisions (C)(3)(b) and (c) of this section.	1939

At least forty-five days prior to the state board's adoption	1940
of rules to prescribe the methods for calculating the overall	1941
grade for the report card, as required by this division, the	1942
department shall conduct a public presentation before the standing	1943
committees of the house of representatives and the senate that	1944
consider education legislation describing the format for the	1945
report card, weights that will be assigned to the components of	1946
the overall grade, and the method for calculating the overall	1947
grade.	1948

(D) Not later than July 1, 2015, the state board shall	1949
develop a measure of student academic progress for high school	1950
students. Beginning with the report card for the 2015-2016 school	1951
year, each school district and applicable school building shall be	1952
assigned a separate letter grade for this measure and the	1953
district's or building's grade for that measure shall be included	1954
in determining the district's or building's overall letter grade.	1955
This measure shall be included within the measure prescribed in	1956
division (C)(2)(c) of this section in the calculation for the	1957
overall letter grade.	1958

(E) The letter grades assigned to a school district or	1959
building under this section shall be as follows:	1960

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

1961

(2) "B" for a district or school making above average	1962
progress;	1963

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

1964

(4) "D" for a district or school making below average	1965
progress;	1966

(5) "F" for a district or school failing to meet minimum	1967
progress.	1968

(F) When reporting data on student ~~performance~~achievement	1969
and progress, the department shall disaggregate that data	1970
according to the following categories:	1971

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

1972

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

1973

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

1974

~~(d)~~(4) Performance of students grouped by those who have been	1975
enrolled in a district or school for three or more years;	1976

~~(e)~~(5) Performance of students grouped by those who have been	1977
enrolled in a district or school for more than one year and less	1978
than three years;	1979

~~(f)~~(6) Performance of students grouped by those who have been	1980
enrolled in a district or school for one year or less;	1981

~~(g)~~(7) Performance of students grouped by those who are	1982
economically disadvantaged;	1983

~~(h)~~(8) Performance of students grouped by those who are	1984
enrolled in a conversion community school established under	1985
Chapter 3314. of the Revised Code;	1986

~~(i)~~(9) Performance of students grouped by those who are	1987
classified as limited English proficient;	1988

~~(j)~~(10) Performance of students grouped by those who have	1989
disabilities;	1990

~~(k)~~(11) Performance of students grouped by those who are	1991
classified as migrants;	1992

~~(l)~~(12) Performance of students grouped by those who are	1993
identified as gifted in superior cognitive ability and the	1994
specific academic ability fields of reading and math pursuant to	1995
Chapter 3324. of the Revised Code. In disaggregating specific	1996
academic ability fields for gifted students, the department shall	1997
use data for those students with specific academic ability in math	1998
and reading. If any other academic field is assessed, the	1999
department shall also include data for students with specific	2000
academic ability in that field as well.	2001

(13) Performance of students grouped by those who perform in	2002
the lowest quintile for achievement on a statewide basis, as	2003
determined by a method prescribed by the state board.	2004

The department may disaggregate data on student performance	2005
according to other categories that the department determines are	2006
appropriate. To the extent possible, the department shall	2007
disaggregate data on student performance according to any	2008
combinations of two or more of the categories listed in divisions	2009
~~(C)(3)(a)~~(F)(1) to ~~(l)~~(13) of this section that it deems relevant.	2010

In reporting data pursuant to division ~~(C)(3)~~(F) of this	2011
section, the department shall not include in the report cards any	2012
data statistical in nature that is statistically unreliable or	2013
that could result in the identification of individual students.	2014
For this purpose, the department shall not report student	2015
performance data for any group identified in division ~~(C)(3)~~(F) of	2016
this section that contains less than ten students. If the	2017
department does not report student performance data for a group	2018
because it contains less than ten students, the department shall	2019
indicate on the report card that is why data was not reported.	2020

~~(4)~~(G) The department may include with the report cards any	2021
additional education and fiscal performance data it deems	2022
valuable.	2023

~~(5)~~(H) The department shall include on each report card a	2024
list of additional information collected by the department that is	2025
available regarding the district or building for which the report	2026
card is issued. When available, such additional information shall	2027
include student mobility data disaggregated by race and	2028
socioeconomic status, college enrollment data, and the reports	2029
prepared under section 3302.031 of the Revised Code.	2030

The department shall maintain a site on the world wide web.	2031
The report card shall include the address of the site and shall	2032
specify that such additional information is available to the	2033
public at that site. The department shall also provide a copy of	2034
each item on the list to the superintendent of each school	2035
district. The district superintendent shall provide a copy of any	2036
item on the list to anyone who requests it.	2037

~~(6)~~(I) Division ~~(C)(6)~~(I) of this section does not apply to	2038
conversion community schools that primarily enroll students	2039
between sixteen and twenty-two years of age who dropped out of	2040
high school or are at risk of dropping out of high school due to	2041
poor attendance, disciplinary problems, or suspensions.	2042

~~(a)~~(1) For any district that sponsors a conversion community	2043
school under Chapter 3314. of the Revised Code, the department	2044
shall combine data regarding the academic performance of students	2045
enrolled in the community school with comparable data from the	2046
schools of the district for the purpose of ~~calculating~~determining	2047
the performance of the district as a whole on the report card	2048
issued for the district under this section or section 3302.033 of	2049
the Revised Code.	2050

~~(b)~~(2) Any district that leases a building to a community	2051
school located in the district or that enters into an agreement	2052
with a community school located in the district whereby the	2053
district and the school endorse each other's programs may elect to	2054
have data regarding the academic performance of students enrolled	2055
in the community school combined with comparable data from the	2056
schools of the district for the purpose of ~~calculating~~determining	2057
the performance of the district as a whole on the district report	2058
card. Any district that so elects shall annually file a copy of	2059
the lease or agreement with the department.	2060

~~(c)~~(3) Any municipal school district, as defined in section	2061
3311.71 of the Revised Code, that sponsors a community school	2062
located within the district's territory, or that enters into an	2063
agreement with a community school located within the district's	2064
territory whereby the district and the community school endorse	2065
each other's programs, may exercise either or both of the	2066
following elections:	2067

~~(i)~~(a) To have data regarding the academic performance of	2068
students enrolled in that community school combined with	2069
comparable data from the schools of the district for the purpose	2070
of ~~calculating~~determining the performance of the district as a	2071
whole on the district's report card;	2072

~~(ii)~~(b) To have the number of students attending that	2073
community school noted separately on the district's report card.	2074

The election authorized under division ~~(C)(6)(c)(i)~~(I)(3)(a)	2075
of this section is subject to approval by the governing authority	2076
of the community school.	2077

Any municipal school district that exercises an election to	2078
combine or include data under division ~~(C)(6)(c)~~(I)(3) of this	2079
section, by the first day of October of each year, shall file with	2080
the department documentation indicating eligibility for that	2081
election, as required by the department.	2082

~~(7)~~(J) The department shall include on each report card the	2083
percentage of teachers in the district or building who are highly	2084
qualified, as defined by the "No Child Left Behind Act of 2001,"	2085
and a comparison of that percentage with the percentages of such	2086
teachers in similar districts and buildings.	2087

~~(8) The department shall include on the report card the~~	2088
~~number of lead teachers employed by each district and each~~	2089
~~building once the data is available from the education management~~	2090
~~information system established under section 3301.0714 of the~~	2091
~~Revised Code.~~	2092

~~(D)~~(K)(1) In calculating English language arts, mathematics,	2093
social studies, or science assessment passage rates used to	2094
determine school district or building performance under this	2095
section, the department shall include all students taking an	2096
assessment with accommodation or to whom an alternate assessment	2097
is administered pursuant to division (C)(1) or (3) of section	2098
3301.0711 of the Revised Code.	2099

(2) In calculating performance index scores, rates of	2100
achievement on the performance indicators established by the state	2101
board under section 3302.02 of the Revised Code, and annual	2102
measurable objectives for determining adequate yearly progress for	2103
school districts and buildings under this section, the department	2104
shall do all of the following:	2105

(a) Include for each district or building only those students	2106
who are included in the ADM certified for the first full school	2107
week of October and are continuously enrolled in the district or	2108
building through the time of the spring administration of any	2109
assessment prescribed by division (A)(1) or (B)(1) of section	2110
3301.0710 of the Revised Code that is administered to the	2111
student's grade level;	2112

(b) Include cumulative totals from both the fall and spring	2113
administrations of the third grade English language arts	2114
achievement assessment;	2115

(c) Except as required by the "No Child Left Behind Act of	2116
2001~~" for the calculation of adequate yearly progress~~," exclude	2117
for each district or building any limited English proficient	2118
student who has been enrolled in United States schools for less	2119
than one full school year.	2120

Sec. 3302.033. The state board of education, in consultation	2121
with the chancellor of the Ohio board of regents, any office	2122
within the office of the governor concerning workforce	2123
development, the Ohio association of career and technical	2124
education, the Ohio association of city career-technical schools,	2125
and the Ohio association of career-technical superintendents,	2126
shall approve a report card for joint vocational school districts	2127
and for other career-technical planning districts that are not	2128
joint vocational school districts, which may contain disaggregated	2129
data for each joint vocational school district, if applicable. The	2130
state board shall submit details of the approved report card to	2131
the governor, the speaker of the house of representatives, the	2132
president of the senate, and the chairpersons of the standing	2133
committees of the house of representatives and the senate	2134
principally responsible for education policy. The department of	2135
education annually shall issue a report card for each joint	2136
vocational school district and other career-technical planning	2137
~~district~~districts that are not joint vocational school districts,	2138
beginning with report cards for the 2012-2013 school year to be	2139
published not later than September 1, 2013.	2140

As used in this section, "career-technical planning district"	2141
means a school district or group of school districts designated by	2142
the department as being responsible for the planning for and	2143
provision of career-technical education services to students	2144
within the district or group.	2145

Sec. 3302.034. (A) Not later than December 31, 2013, the	2146
state board of education shall adopt and specify measures in	2147
addition to those included on the report card issued under section	2148
3302.03 of the Revised Code. The measures adopted under this	2149
section shall be reported separately, as specified under division	2150
(B) of this section, for each school district, each building in a	2151
district, each community school established under Chapter 3314.,	2152
each STEM school established under Chapter 3326., and each	2153
college-preparatory boarding school established under Chapter	2154
3328. of the Revised Code. The measures shall include at least the	2155
following:	2156

(1) Data for students who have passed over a grade or subject	2157
area under an acceleration policy prescribed under section 3324.10	2158
of the Revised Code;	2159

(2) The number of students who are economically disadvantaged	2160
as determined by the department of education;	2161

(3) The number of lead teachers employed by each district and	2162
each building once the data is available through the education	2163
management information system established under section 3301.0714	2164
of the Revised Code;	2165

(4) The amount of students screened and identified as gifted	2166
under Chapter 3324. of the Revised Code;	2167

(5) Postgraduate student outcome data as described under	2168
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;	2169

(6) Availability of courses in fine arts;

2170

(7) Participation with other school districts to provide	2171
career-technical education services to students;	2172

(8) The amount of extracurricular services offered to	2173
students.	2174

(B) The department shall report this information annually	2175
beginning with the 2013-2014 school year and make this information	2176
available on its web site for comparison purposes.	2177

Sec. 3302.036. Notwithstanding anything in the Revised Code	2178
to the contrary, in the first year that the assessments developed	2179
by the partnership for assessment of readiness for college and	2180
careers are administered in this state as achievement assessments	2181
under section 3301.0710 or 3301.0712 of the Revised Code or in	2182
replacement of those assessments, any school district or building	2183
that has a decline in performance index score that is within two	2184
standard errors of measure below the Ohio statewide average	2185
decline in performance index score when compared to the	2186
performance index score from the previous year as determined by	2187
the department shall not be subject to sanctions or penalties	2188
prescribed by law that are based on report card grades for the	2189
school year following the first year those assessments are	2190
administered in this state. The provisions from which such a	2191
district or building is exempt include, but are not limited to,	2192
the following:	2193

(A) Any restructuring provisions established under this	2194
chapter, except as required under the "No Child Left Behind Act of	2195
2001";	2196

(B) Provisions for academic distress commissions under	2197
section 3302.10 of the Revised Code;	2198

(C) Provisions prescribing new buildings where students are	2199
eligible for the educational choice scholarships under section	2200
3310.03 of the Revised Code;	2201

(D) Provisions defining "challenged school districts" in	2202
which new start-up community schools may be located, as prescribed	2203
in section 3314.02 of the Revised Code;	2204

(E) Provisions prescribing community school closure	2205
requirements under section 3314.35 of the Revised Code.	2206

Sec. 3302.04. As used in divisions (A), (C), and (D) of this	2207
section, for the 2014-2015 school year, and for each school year	2208
thereafter, when a provision refers to a school district or school	2209
building in a state of academic emergency, it shall mean a	2210
district or building rated "F"; when a provision refers to a	2211
school district or school building under an academic watch, it	2212
shall mean a district or building rated "D"; and when a provision	2213
refers to a school district or school building in need of	2214
continuous improvement, it shall mean a district or building rated	2215
"C" as those letter grade ratings for overall performance are	2216
assigned under division (C)(3) of section 3302.03 of the Revised	2217
Code, as it exists on or after the effective date of this	2218
amendment.	2219

(A) The department of education shall establish a system of	2220
intensive, ongoing support for the improvement of school districts	2221
and school buildings. In accordance with the model of	2222
differentiated accountability described in section 3302.041 of the	2223
Revised Code, the system shall give priority to the following:	2224

(1) For any school year prior to the 2012-2013 school year,	2225
districts and buildings that have been declared to be under an	2226
academic watch or in a state of academic emergency under section	2227
3302.03 of the Revised Code ~~and~~;	2228

(2) For the 2012-2013 school year, and for each school year	2229
thereafter, districts and buildings in the manner prescribed by	2230
any agreement currently in force between the department and the	2231
United States department of education. The department shall	2232
endeavor to include schools and buildings that receive grades	2233
under section 3302.03 of the Revised Code that the department	2234
considers to be low performing.	2235

The system shall include services provided to districts and	2236
buildings through regional service providers, such as educational	2237
service centers.	2238

(B) This division does not apply to any school district after	2239
June 30, 2008.	2240

When a school district has been notified by the department	2241
pursuant to ~~division (A) of~~ section 3302.03 of the Revised Code	2242
that the district or a building within the district has failed to	2243
make adequate yearly progress for two consecutive school years,	2244
the district shall develop a three-year continuous improvement	2245
plan for the district or building containing each of the	2246
following:	2247

(1) An analysis of the reasons for the failure of the	2248
district or building to meet any of the applicable performance	2249
indicators established under section 3302.02 of the Revised Code	2250
that it did not meet and an analysis of the reasons for its	2251
failure to make adequate yearly progress;	2252

(2) Specific strategies that the district or building will	2253
use to address the problems in academic achievement identified in	2254
division (B)(1) of this section;	2255

(3) Identification of the resources that the district will	2256
allocate toward improving the academic achievement of the district	2257
or building;	2258

(4) A description of any progress that the district or	2259
building made in the preceding year toward improving its academic	2260
achievement;	2261

(5) An analysis of how the district is utilizing the	2262
professional development standards adopted by the state board	2263
pursuant to section 3319.61 of the Revised Code;	2264

(6) Strategies that the district or building will use to	2265
improve the cultural competency, as defined pursuant to section	2266
3319.61 of the Revised Code, of teachers and other educators.	2267

No three-year continuous improvement plan shall be developed	2268
or adopted pursuant to this division unless at least one public	2269
hearing is held within the affected school district or building	2270
concerning the final draft of the plan. Notice of the hearing	2271
shall be given two weeks prior to the hearing by publication in	2272
one newspaper of general circulation within the territory of the	2273
affected school district or building. Copies of the plan shall be	2274
made available to the public.	2275

(C) ~~When~~(1) For any school year prior to the school year	2276
that begins on July 1, 2012, when a school district or building	2277
has been notified by the department pursuant to ~~division (A) of~~	2278
section 3302.03 of the Revised Code that the district or building	2279
is under an academic watch or in a state of academic emergency,	2280
the district or building shall be subject to any rules	2281
establishing intervention in academic watch or emergency school	2282
districts or buildings.	2283

(2) For the 2012-2013 school year, and for each school year	2284
thereafter, a district or building that meets the conditions for	2285
intervention prescribed by the agreement described in division	2286
(A)(2) of this section shall be subject to any rules establishing	2287
such intervention.	2288

(D)(1) ~~Within~~For any school year prior to the 2012-2013	2289
school year, within one hundred twenty days after any school	2290
district or building is declared to be in a state of academic	2291
emergency under section 3302.03 of the Revised Code, the	2292
department may initiate a site evaluation of the building or	2293
school district.	2294

(2) For the 2012-2013 school year, and for each school year	2295
thereafter, the department may initiate a site evaluation of a	2296
building or school district that meets the conditions for a site	2297
evaluation prescribed by the agreement described in division	2298
(A)(2) of this section.	2299

(3) Division (D)~~(2)~~(3) of this section does not apply to any	2300
school district after June 30, 2008.	2301

If any school district that is declared to be in a state of	2302
academic emergency or in a state of academic watch under section	2303
3302.03 of the Revised Code or encompasses a building that is	2304
declared to be in a state of academic emergency or in a state of	2305
academic watch fails to demonstrate to the department satisfactory	2306
improvement of the district or applicable buildings or fails to	2307
submit to the department any information required under rules	2308
established by the state board of education, prior to approving a	2309
three-year continuous improvement plan under rules established by	2310
the state board of education, the department shall conduct a site	2311
evaluation of the school district or applicable buildings to	2312
determine whether the school district is in compliance with	2313
minimum standards established by law or rule.	2314

~~(3)~~(4) Division (D)(4) of this section does not apply to any	2315
school district after June 30, 2008. Site evaluations conducted	2316
under divisions (D)(1) ~~and~~, (2), and (3) of this section shall	2317
include, but not be limited to, the following:	2318

(a) Determining whether teachers are assigned to subject	2319
areas for which they are licensed or certified;	2320

(b) Determining pupil-teacher ratios;

2321

(c) Examination of compliance with minimum instruction time	2322
requirements for each school day and for each school year;	2323

(d) Determining whether materials and equipment necessary to	2324
implement the curriculum approved by the school district board are	2325
available;	2326

(e) Examination of whether the teacher and principal	2327
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,	2328
and 3319.111 of the Revised Code;	2329

(f) Examination of the adequacy of efforts to improve the	2330
cultural competency, as defined pursuant to section 3319.61 of the	2331
Revised Code, of teachers and other educators.	2332

(E) This division applies only to school districts that	2333
operate a school building that fails to make adequate yearly	2334
progress for two or more consecutive school years. It does not	2335
apply to any such district after June 30, 2008, except as provided	2336
in division (D)(2) of section 3313.97 of the Revised Code.	2337

(1) For any school building that fails to make adequate	2338
yearly progress for two consecutive school years, the district	2339
shall do all of the following:	2340

(a) Provide written notification of the academic issues that	2341
resulted in the building's failure to make adequate yearly	2342
progress to the parent or guardian of each student enrolled in the	2343
building. The notification shall also describe the actions being	2344
taken by the district or building to improve the academic	2345
performance of the building and any progress achieved toward that	2346
goal in the immediately preceding school year.	2347

(b) If the building receives funds under Title 1I, Part A of	2348
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2349
6311 to 6339, from the district, in accordance with section	2350
3313.97 of the Revised Code, offer all students enrolled in the	2351
building the opportunity to enroll in an alternative building	2352
within the district that is not in school improvement status as	2353
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2354
Chapter 3327. of the Revised Code, the district shall spend an	2355
amount equal to twenty per cent of the funds it receives under	2356
Title I, Part A of the "Elementary and Secondary Education Act of	2357
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	2358
students who enroll in alternative buildings under this division,	2359
unless the district can satisfy all demand for transportation with	2360
a lesser amount. If an amount equal to twenty per cent of the	2361
funds the district receives under Title I, Part A of the	2362
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2363
to 6339, is insufficient to satisfy all demand for transportation,	2364
the district shall grant priority over all other students to the	2365
lowest achieving students among the subgroup described in division	2366
(B)(3) of section 3302.01 of the Revised Code in providing	2367
transportation. Any district that does not receive funds under	2368
Title I, Part A of the "Elementary and Secondary Education Act of	2369
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	2370
transportation to any student who enrolls in an alternative	2371
building under this division.	2372

(2) For any school building that fails to make adequate	2373
yearly progress for three consecutive school years, the district	2374
shall do both of the following:	2375

(a) If the building receives funds under Title 1I, Part A of	2376
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2377
6311 to 6339, from the district, in accordance with section	2378
3313.97 of the Revised Code, provide all students enrolled in the	2379
building the opportunity to enroll in an alternative building	2380
within the district that is not in school improvement status as	2381
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2382
Chapter 3327. of the Revised Code, the district shall provide	2383
transportation for students who enroll in alternative buildings	2384
under this division to the extent required under division (E)(2)	2385
of this section.	2386

(b) If the building receives funds under Title 1I, Part A of	2387
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2388
6311 to 6339, from the district, offer supplemental educational	2389
services to students who are enrolled in the building and who are	2390
in the subgroup described in division (B)(3) of section 3302.01 of	2391
the Revised Code.	2392

The district shall spend a combined total of an amount equal	2393
to twenty per cent of the funds it receives under Title I, Part A	2394
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2395
6311 to 6339, to provide transportation for students who enroll in	2396
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2397
this section and to pay the costs of the supplemental educational	2398
services provided to students under division (E)(2)(b) of this	2399
section, unless the district can satisfy all demand for	2400
transportation and pay the costs of supplemental educational	2401
services for those students who request them with a lesser amount.	2402
In allocating funds between the requirements of divisions	2403
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2404
shall spend at least an amount equal to five per cent of the funds	2405
it receives under Title I, Part A of the "Elementary and Secondary	2406
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2407
transportation for students who enroll in alternative buildings	2408
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2409
district can satisfy all demand for transportation with a lesser	2410
amount, and at least an amount equal to five per cent of the funds	2411
it receives under Title I, Part A of the "Elementary and Secondary	2412
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2413
of the supplemental educational services provided to students	2414
under division (E)(2)(b) of this section, unless the district can	2415
pay the costs of such services for all students requesting them	2416
with a lesser amount. If an amount equal to twenty per cent of the	2417
funds the district receives under Title I, Part A of the	2418
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2419
to 6339, is insufficient to satisfy all demand for transportation	2420
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2421
the costs of all of the supplemental educational services provided	2422
to students under division (E)(2)(b) of this section, the district	2423
shall grant priority over all other students in providing	2424
transportation and in paying the costs of supplemental educational	2425
services to the lowest achieving students among the subgroup	2426
described in division (B)(3) of section 3302.01 of the Revised	2427
Code.	2428

Any district that does not receive funds under Title I, Part	2429
A of the "Elementary and Secondary Education Act of 1965," 20	2430
U.S.C. 6311 to 6339, shall not be required to provide	2431
transportation to any student who enrolls in an alternative	2432
building under division (E)(2)(a) of this section or to pay the	2433
costs of supplemental educational services provided to any student	2434
under division (E)(2)(b) of this section.	2435

No student who enrolls in an alternative building under	2436
division (E)(2)(a) of this section shall be eligible for	2437
supplemental educational services under division (E)(2)(b) of this	2438
section.	2439

(3) For any school building that fails to make adequate	2440
yearly progress for four consecutive school years, the district	2441
shall continue to comply with division (E)(2) of this section and	2442
shall implement at least one of the following options with respect	2443
to the building:	2444

(a) Institute a new curriculum that is consistent with the	2445
statewide academic standards adopted pursuant to division (A) of	2446
section 3301.079 of the Revised Code;	2447

(b) Decrease the degree of authority the building has to	2448
manage its internal operations;	2449

(c) Appoint an outside expert to make recommendations for	2450
improving the academic performance of the building. The district	2451
may request the department to establish a state intervention team	2452
for this purpose pursuant to division (G) of this section.	2453

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

2454

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

2455

(f) Reorganize the administrative structure of the building.

2456

(4) For any school building that fails to make adequate	2457
yearly progress for five consecutive school years, the district	2458
shall continue to comply with division (E)(2) of this section and	2459
shall develop a plan during the next succeeding school year to	2460
improve the academic performance of the building, which shall	2461
include at least one of the following options:	2462

(a) Reopen the school as a community school under Chapter	2463
3314. of the Revised Code;	2464

(b) Replace personnel;

2465

(c) Contract with a nonprofit or for-profit entity to operate	2466
the building;	2467

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

2468

(e) Other significant restructuring of the building's	2469
governance.	2470

(5) For any school building that fails to make adequate	2471
yearly progress for six consecutive school years, the district	2472
shall continue to comply with division (E)(2) of this section and	2473
shall implement the plan developed pursuant to division (E)(4) of	2474
this section.	2475

(6) A district shall continue to comply with division	2476
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2477
applicable, with respect to any building formerly subject to one	2478
of those divisions until the building makes adequate yearly	2479
progress for two consecutive school years.	2480

(F) This division applies only to school districts that have	2481
been identified for improvement by the department pursuant to the	2482
"No Child Left Behind Act of 2001." It does not apply to any such	2483
district after June 30, 2008.	2484

(1) If a school district has been identified for improvement	2485
for one school year, the district shall provide a written	2486
description of the continuous improvement plan developed by the	2487
district pursuant to division (B) of this section to the parent or	2488
guardian of each student enrolled in the district. If the district	2489
does not have a continuous improvement plan, the district shall	2490
develop such a plan in accordance with division (B) of this	2491
section and provide a written description of the plan to the	2492
parent or guardian of each student enrolled in the district.	2493

(2) If a school district has been identified for improvement	2494
for two consecutive school years, the district shall continue to	2495
implement the continuous improvement plan developed by the	2496
district pursuant to division (B) or (F)(1) of this section.	2497

(3) If a school district has been identified for improvement	2498
for three consecutive school years, the department shall take at	2499
least one of the following corrective actions with respect to the	2500
district:	2501

(a) Withhold a portion of the funds the district is entitled	2502
to receive under Title I, Part A of the "Elementary and Secondary	2503
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2504

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

2505

(c) Institute a new curriculum that is consistent with the	2506
statewide academic standards adopted pursuant to division (A) of	2507
section 3301.079 of the Revised Code;	2508

(d) Establish alternative forms of governance for individual	2509
school buildings within the district;	2510

(e) Appoint a trustee to manage the district in place of the	2511
district superintendent and board of education.	2512

The department shall conduct individual audits of a sampling	2513
of districts subject to this division to determine compliance with	2514
the corrective actions taken by the department.	2515

(4) If a school district has been identified for improvement	2516
for four consecutive school years, the department shall continue	2517
to monitor implementation of the corrective action taken under	2518
division (F)(3) of this section with respect to the district.	2519

(5) If a school district has been identified for improvement	2520
for five consecutive school years, the department shall take at	2521
least one of the corrective actions identified in division (F)(3)	2522
of this section with respect to the district, provided that the	2523
corrective action the department takes is different from the	2524
corrective action previously taken under division (F)(3) of this	2525
section with respect to the district.	2526

(G) The department may establish a state intervention team to	2527
evaluate all aspects of a school district or building, including	2528
management, curriculum, instructional methods, resource	2529
allocation, and scheduling. Any such intervention team shall be	2530
appointed by the department and shall include teachers and	2531
administrators recognized as outstanding in their fields. The	2532
intervention team shall make recommendations regarding methods for	2533
improving the performance of the district or building.	2534

The department shall not approve a district's request for an	2535
intervention team under division (E)(3) of this section if the	2536
department cannot adequately fund the work of the team, unless the	2537
district agrees to pay for the expenses of the team.	2538

(H) The department shall conduct individual audits of a	2539
sampling of community schools established under Chapter 3314. of	2540
the Revised Code to determine compliance with this section.	2541

(I) The state board shall adopt rules for implementing this	2542
section.	2543

Sec. 3302.041. ~~(A) On and after July 1, 2008, in accordance~~	2544
~~with the No Child Left Behind Act of 2001, school districts and~~	2545
~~school buildings shall continue to be identified for improvement~~	2546
~~for failing to make adequate yearly progress for two or more~~	2547
~~consecutive school years.~~	2548

~~(B)~~ Beginning July 1, 2008, and contingent upon continued	2549
approval by the United States department of education, each school	2550
district that has been identified for improvement, or that	2551
contains a school building that has been identified for	2552
improvement, shall implement all corrective actions required by	2553
the model of differentiated accountability developed by the Ohio	2554
department of education and approved by the United States	2555
department of education. In any school year in which a district is	2556
subject to this division, the Ohio department of education shall	2557
notify the district, prior to the district's opening date, of the	2558
corrective actions it is required to implement in that school	2559
year.	2560

Sec. 3302.05. The state board of education shall adopt rules	2561
freeing school districts ~~declared to be excellent under division~~	2562
~~(B)(1) or effective under division (B)(2) of section 3302.03 of~~	2563
~~the Revised Code~~ from specified state mandates if one of the	2564
following applies:	2565

(A) For the 2011-2012 school year, the school district was	2566
declared to be excellent under section 3302.03 of the Revised	2567
Code, as that section existed prior to the effective date of this	2568
section and had above expected growth in the overall value-added	2569
measure.	2570

(B) For the 2012-2013 school year, the school district	2571
received a grade of "A" for the number of performance indicators	2572
met under division (A)(1)(c) of section 3302.03 of the Revised	2573
Code and for the value-added dimension under division (A)(1)(e) of	2574
section 3302.03 of the Revised Code.	2575

(C) For the 2013-2014 school year, the school district	2576
received a grade of "A" for the number of performance indicators	2577
met under division (B)(1)(c) of section 3302.03 of the Revised	2578
Code and for the value-added dimension under division (B)(1)(e) of	2579
section 3302.03 of the Revised Code.	2580

(D) For the 2014-2015 school year and for each school year	2581
thereafter, the school district received an overall grade of "A"	2582
under division (C)(3) of section 3302.03 of the Revised Code. ~~Any~~	2583

Any mandates included in the rules shall be only those	2584
statutes or rules pertaining to state education requirements. The	2585
rules shall not exempt districts from any operating standard	2586
adopted under division (D)(3) of section 3301.07 of the Revised	2587
Code.	2588

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	2589
of public instruction shall establish an academic distress	2590
commission for each school district that meets any of the	2591
following conditions for three or more consecutive years:	2592

(1) The district has been declared to be in a state of	2593
academic emergency ~~pursuant to~~under section 3302.03 of the	2594
Revised Code, as that section existed prior to the effective date	2595
of this amendment, and has failed to make adequate yearly progress	2596
~~for four or more consecutive school years~~;	2597

(2) The district has received a grade of "F" for the	2598
performance index score and a grade of "D" or "F" for the	2599
value-added progress dimension of section 3302.03 of the Revised	2600
Code;	2601

(3) The district has received an overall grade of "F" under	2602
division (C)(2) or a grade of "F" for the value-added progress	2603
dimension under division (C)(1)(e) of section 3302.03 of the	2604
Revised Code;	2605

(4) At least fifty per cent of the schools operated by the	2606
district have received an overall grade of "D" or "F" under	2607
division (C)(3) of section 3302.03 of the Revised Code. ~~Each~~	2608

Each commission shall assist the district for which it was	2609
established in improving the district's academic performance.	2610

Each commission is a body both corporate and politic,	2611
constituting an agency and instrumentality of the state and	2612
performing essential governmental functions of the state. A	2613
commission shall be known as the "academic distress commission for	2614
............... (name of school district)," and, in that name, may	2615
exercise all authority vested in such a commission by this	2616
section. A separate commission shall be established for each	2617
school district to which this division applies.	2618

(B) Each academic distress commission shall consist of five	2619
voting members, three of whom shall be appointed by the	2620
superintendent of public instruction and two of whom shall be	2621
residents of the applicable school district appointed by the	2622
president of the district board of education. When a school	2623
district becomes subject to this section, the superintendent of	2624
public instruction shall provide written notification of that fact	2625
to the district board of education and shall request the president	2626
of the district board to submit to the superintendent of public	2627
instruction, in writing, the names of the president's appointees	2628
to the commission. The superintendent of public instruction and	2629
the president of the district board shall make appointments to the	2630
commission within thirty days after the district is notified that	2631
it is subject to this section.	2632

Members of the commission shall serve at the pleasure of	2633
their appointing authority during the life of the commission. In	2634
the event of the death, resignation, incapacity, removal, or	2635
ineligibility to serve of a member, the appointing authority shall	2636
appoint a successor within fifteen days after the vacancy occurs.	2637
Members shall serve without compensation, but shall be paid by the	2638
commission their necessary and actual expenses incurred while	2639
engaged in the business of the commission.	2640

(C) Immediately after appointment of the initial members of	2641
an academic distress commission, the superintendent of public	2642
instruction shall call the first meeting of the commission and	2643
shall cause written notice of the time, date, and place of that	2644
meeting to be given to each member of the commission at least	2645
forty-eight hours in advance of the meeting. The first meeting	2646
shall include an overview of the commission's roles and	2647
responsibilities, the requirements of section 2921.42 and Chapter	2648
102. of the Revised Code as they pertain to commission members,	2649
the requirements of section 121.22 of the Revised Code, and the	2650
provisions of division (F) of this section. At its first meeting,	2651
the commission shall adopt temporary bylaws in accordance with	2652
division (D) of this section to govern its operations until the	2653
adoption of permanent bylaws.	2654

The superintendent of public instruction shall designate a	2655
chairperson for the commission from among the members appointed by	2656
the superintendent. The chairperson shall call and conduct	2657
meetings, set meeting agendas, and serve as a liaison between the	2658
commission and the district board of education. The chairperson	2659
also shall appoint a secretary, who shall not be a member of the	2660
commission.	2661

The department of education shall provide administrative	2662
support for the commission, provide data requested by the	2663
commission, and inform the commission of available state resources	2664
that could assist the commission in its work.	2665

(D) Each academic distress commission may adopt and alter	2666
bylaws and rules, which shall not be subject to section 111.15 or	2667
Chapter 119. of the Revised Code, for the conduct of its affairs	2668
and for the manner, subject to this section, in which its powers	2669
and functions shall be exercised and embodied.	2670

(E) Three members of an academic distress commission	2671
constitute a quorum of the commission. The affirmative vote of	2672
three members of the commission is necessary for any action taken	2673
by vote of the commission. No vacancy in the membership of the	2674
commission shall impair the rights of a quorum by such vote to	2675
exercise all the rights and perform all the duties of the	2676
commission. Members of the commission are not disqualified from	2677
voting by reason of the functions of any other office they hold	2678
and are not disqualified from exercising the functions of the	2679
other office with respect to the school district, its officers, or	2680
the commission.	2681

(F) The members of an academic distress commission, the	2682
superintendent of public instruction, and any person authorized to	2683
act on behalf of or assist them shall not be personally liable or	2684
subject to any suit, judgment, or claim for damages resulting from	2685
the exercise of or failure to exercise the powers, duties, and	2686
functions granted to them in regard to their functioning under	2687
this section, but the commission, superintendent of public	2688
instruction, and such other persons shall be subject to mandamus	2689
proceedings to compel performance of their duties under this	2690
section.	2691

(G) Each member of an academic distress commission shall file	2692
the statement described in section 102.02 of the Revised Code with	2693
the Ohio ethics commission. The statement shall be confidential,	2694
subject to review, as described in division (B) of that section.	2695

(H) Meetings of each academic distress commission shall be	2696
subject to section 121.22 of the Revised Code.	2697

(I)(1) Within one hundred twenty days after the first meeting	2698
of an academic distress commission, the commission shall adopt an	2699
academic recovery plan to improve academic performance in the	2700
school district. The plan shall address academic problems at both	2701
the district and school levels. The plan shall include the	2702
following:	2703

(a) Short-term and long-term actions to be taken to improve	2704
the district's academic performance, including any actions	2705
required by section 3302.04 or 3302.041 of the Revised Code;	2706

(b) The sequence and timing of the actions described in	2707
division (I)(1)(a) of this section and the persons responsible for	2708
implementing the actions;	2709

(c) Resources that will be applied toward improvement	2710
efforts;	2711

(d) Procedures for monitoring and evaluating improvement	2712
efforts;	2713

(e) Requirements for reporting to the commission and the	2714
district board of education on the status of improvement efforts.	2715

(2) The commission may amend the academic recovery plan	2716
subsequent to adoption. The commission shall update the plan at	2717
least annually.	2718

(3) The commission shall submit the academic recovery plan it	2719
adopts or updates to the superintendent of public instruction for	2720
approval immediately following its adoption or updating. The	2721
superintendent shall evaluate the plan and either approve or	2722
disapprove it within thirty days after its submission. If the plan	2723
is disapproved, the superintendent shall recommend modifications	2724
that will render it acceptable. No academic distress commission	2725
shall implement an academic recovery plan unless the	2726
superintendent has approved it.	2727

(4) County, state, and school district officers and employees	2728
shall assist the commission diligently and promptly in the	2729
implementation of the academic recovery plan.	2730

(J) Each academic distress commission shall seek input from	2731
the district board of education regarding ways to improve the	2732
district's academic performance, but any decision of the	2733
commission related to any authority granted to the commission	2734
under this section shall be final.	2735

The commission may do any of the following:

2736

(1) Appoint school building administrators and reassign	2737
administrative personnel;	2738

(2) Terminate the contracts of administrators or	2739
administrative personnel. The commission shall not be required to	2740
comply with section 3319.16 of the Revised Code with respect to	2741
any contract terminated under this division.	2742

(3) Contract with a private entity to perform school or	2743
district management functions;	2744

(4) Establish a budget for the district and approve district	2745
appropriations and expenditures, unless a financial planning and	2746
supervision commission has been established for the district	2747
pursuant to section 3316.05 of the Revised Code.	2748

(K) If the board of education of a district for which an	2749
academic distress commission has been established under this	2750
section renews any collective bargaining agreement under Chapter	2751
4117. of the Revised Code during the existence of the commission,	2752
the district board shall not enter into any agreement that would	2753
render any decision of the commission unenforceable. Section	2754
3302.08 of the Revised Code does not apply to this division.	2755

Notwithstanding any provision to the contrary in Chapter	2756
4117. of the Revised Code, if the board of education has entered	2757
into a collective bargaining agreement after September 29, 2005,	2758
that contains stipulations relinquishing one or more of the rights	2759
or responsibilities listed in division (C) of section 4117.08 of	2760
the Revised Code, those stipulations are not enforceable and the	2761
district board shall resume holding those rights or	2762
responsibilities as if it had not relinquished them in that	2763
agreement until such time as both the academic distress commission	2764
ceases to exist and the district board agrees to relinquish those	2765
rights or responsibilities in a new collective bargaining	2766
agreement. The provisions of this paragraph apply to a collective	2767
bargaining agreement entered into after September 29, 2005, and	2768
those provisions are deemed to be part of that agreement	2769
regardless of whether the district satisfied the conditions	2770
prescribed in division (A) of this section at the time the	2771
district entered into that agreement.	2772

(L) An academic distress commission shall cease to exist when	2773
the district for which it was established receives a performance	2774
rating ~~under section 3302.03 of the Revised Code~~ of in need of	2775
continuous improvement or better, under section 3302.03 of the	2776
Revised Code as that section existed prior to the effective date	2777
of this amendment, or a grade of "C" or better for both the	2778
performance index score under division (A)(1)(b), (B)(1)(b), or	2779
(C)(1)(b) and the value-added progress dimension under division	2780
(A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the	2781
Revised Code for two of the three prior school years; however, the	2782
superintendent of public instruction may dissolve the commission	2783
earlier if the superintendent determines that the district can	2784
perform adequately without the supervision of the commission. Upon	2785
termination of the commission, the department of education shall	2786
compile a final report of the commission's activities to assist	2787
other academic distress commissions in the conduct of their	2788
functions.	2789

Sec. 3302.12. (A)(1) Except as provided in divisions (C) and	2790
(D) of this section, ~~for any~~this section applies to a school	2791
building that is ranked according to performance index score under	2792
section 3302.21 of the Revised Code in the lowest five per cent of	2793
~~all~~ public school buildings statewide for three consecutive years	2794
and that meets any combination of the following for three	2795
consecutive years:	2796

(a) The school building is declared to be under an academic	2797
watch or in a state of academic emergency under section 3302.03 of	2798
the Revised Code,;	2799

(b) The school building that has received a grade of "F" for	2800
the value-added progress dimension under division (A)(1)(e),	2801
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;	2802

(c) The school building that has received an overall grade of	2803
"F" under section 3302.03 of the Revised Code.	2804

(2) In the case of a building to which this section applies,	2805
the district board of education in control of that building shall	2806
do one of the following at the conclusion of the school year in	2807
which the building first becomes subject to this ~~division~~	2808
section:	2809

~~(1)~~(a) Close the school and direct the district	2810
superintendent to reassign the students enrolled in the school to	2811
other school buildings that demonstrate higher academic	2812
achievement;	2813

~~(2)~~(b) Contract with another school district or a nonprofit	2814
or for-profit entity with a demonstrated record of effectiveness	2815
to operate the school;	2816

~~(3)~~(c) Replace the principal and all teaching staff of the	2817
school and, upon request from the new principal, exempt the school	2818
from all requested policies and regulations of the board regarding	2819
curriculum and instruction. The board also shall distribute	2820
funding to the school in an amount that is at least equal to the	2821
product of the per pupil amount of state and local revenues	2822
received by the district multiplied by the student population of	2823
the school.	2824

~~(4)~~(d) Reopen the school as a conversion community school	2825
under Chapter 3314. of the Revised Code.	2826

(B) If an action taken by the board under division (A)(2) of	2827
this section causes the district to no longer maintain all grades	2828
kindergarten through twelve, as required by section 3311.29 of the	2829
Revised Code, the board shall enter into a contract with another	2830
school district pursuant to section 3327.04 of the Revised Code	2831
for enrollment of students in the schools of that other district	2832
to the extent necessary to comply with the requirement of section	2833
3311.29 of the Revised Code. Notwithstanding any provision of the	2834
Revised Code to the contrary, if the board enters into and	2835
maintains a contract under section 3327.04 of the Revised Code,	2836
the district shall not be considered to have failed to comply with	2837
the requirement of section 3311.29 of the Revised Code. If,	2838
however, the district board fails to or is unable to enter into or	2839
maintain such a contract, the state board of education shall take	2840
all necessary actions to dissolve the district as provided in	2841
division (A) of section 3311.29 of the Revised Code.	2842

(C) If a particular school is required to restructure under	2843
this section and a petition with respect to that same school has	2844
been filed and verified under divisions (B) and (C) of section	2845
3302.042 of the Revised Code, the provisions of that section and	2846
the petition filed and verified under it shall prevail over the	2847
provisions of this section and the school shall be restructured	2848
under that section. However, if division (D)(1), (2), or (3) of	2849
section 3302.042 of the Revised Code also applies to the school,	2850
the school shall be subject to restructuring under this section	2851
and not section 3302.042 of the Revised Code.	2852

If the provisions of this section conflict in any way with	2853
the requirements of federal law, federal law shall prevail over	2854
the provisions of this section.	2855

(D) If a school is restructured under this section, section	2856
3302.042 or 3302.10 of the Revised Code, or federal law, the	2857
school shall not be required to restructure again under state law	2858
for three consecutive years after the implementation of that prior	2859
restructuring.	2860

Sec. 3302.20. (A) The department of education shall develop	2861
standards for determining, from the existing data reported in	2862
accordance with sections 3301.0714 and 3314.17 of the Revised	2863
Code, the amount of annual operating expenditures for classroom	2864
instructional purposes and for nonclassroom purposes for each	2865
city, exempted village, local, and joint vocational school	2866
district, each community school established under Chapter 3314.	2867
that is not an internet- or computer-based community school, each	2868
internet- or computer-based community school, and each STEM school	2869
established under Chapter 3326. of the Revised Code. The	2870
department shall present those standards to the state board of	2871
education for consideration. In developing the standards, the	2872
department shall adapt existing standards used by professional	2873
organizations, research organizations, and other state	2874
governments. The department also shall align the expenditure	2875
categories required for reporting under the standards with the	2876
categories that are required for reporting to the United States	2877
department of education under federal law.	2878

The state board shall consider the proposed standards and	2879
adopt a final set of standards not later than December 31, 2012.	2880
School districts, community schools, and STEM schools shall begin	2881
reporting data in accordance with the standards on ~~July 1~~June 30,	2882
2013.	2883

(B)(1) The department shall categorize all city, exempted	2884
village, and local school districts into not less than three nor	2885
more than five groups based primarily on average daily student	2886
enrollment as reported on the most recent report card issued for	2887
each district under section 3302.03 of the Revised Code.	2888

(2) The department shall categorize all joint vocational	2889
school districts into not less than three nor more than five	2890
groups based primarily on average daily membership as reported	2891
under division (D) of section 3317.03 of the Revised Code rounded	2892
to the nearest whole number.	2893

(3) The department shall categorize all community schools	2894
that are not internet- or computer-based community schools into	2895
not less than three nor more than five groups based primarily on	2896
average daily student enrollment as reported on the most recent	2897
report card issued for each community school under sections	2898
3302.03 and 3314.012 of the Revised Code or, in the case of a	2899
school to which section 3314.017 of the Revised Code applies, on	2900
the total number of students reported under divisions (B)(2)(a)	2901
and (b) of section 3314.08 of the Revised Code.	2902

(4) The department shall categorize all internet- or	2903
computer-based community schools into a single category.	2904

(5) The department shall categorize all STEM schools into a	2905
single category.	2906

(C) Using the standards adopted under division (A) of this	2907
section and the data reported under sections 3301.0714 and 3314.17	2908
of the Revised Code, the department shall compute annually for	2909
each fiscal year, the following:	2910

(1) The percentage of each district's, community school's, or	2911
STEM school's total operating budget spent for classroom	2912
instructional purposes;	2913

(2) The statewide average percentage for all districts,	2914
community schools, and STEM schools combined spent for classroom	2915
instructional purposes;	2916

(3) The average percentage for each of the categories of	2917
districts and schools established under division (B) of this	2918
section spent for classroom instructional purposes;	2919

(4) The ranking of each district, community school, or STEM	2920
school within its respective category established under division	2921
(B) of this section according to the following:	2922

(a) From highest to lowest percentage spent for classroom	2923
instructional purposes;	2924

(b) From lowest to highest percentage spent for	2925
noninstructional purposes.	2926

(D) In its display of rankings within each category under	2927
division (C)(4) of this section, the department shall make the	2928
following notations:	2929

(1) Within each category of city, exempted village, and local	2930
school districts, the department shall denote each district that	2931
is:	2932

(a) Among the twenty per cent of all city, exempted village,	2933
and local school districts statewide with the lowest total	2934
operating expenditures per pupil;	2935

(b) Among the twenty per cent of all city, exempted village,	2936
and local school districts statewide with the highest performance	2937
index scores.	2938

(2) Within each category of joint vocational school	2939
districts, the department shall denote each district that is:	2940

(a) Among the twenty per cent of all joint vocational school	2941
districts statewide with the lowest total operating expenditures	2942
per pupil;	2943

(b) Among the twenty per cent of all joint vocational school	2944
districts statewide with the highest report card scores under	2945
section 3302.033 of the Revised Code.	2946

(3) Within each category of community schools that are not	2947
internet- or computer-based community schools, the department	2948
shall denote each school that is:	2949

(a) Among the twenty per cent of all such community schools	2950
statewide with the lowest total operating expenditures per pupil;	2951

(b) Among the twenty per cent of all such community schools	2952
statewide with the highest performance index scores, excluding	2953
such community schools to which section 3314.017 of the Revised	2954
Code applies.	2955

(4) Within the category of internet- or computer-based	2956
community schools, the department shall denote each school that	2957
is:	2958

(a) Among the twenty per cent of all such community schools	2959
statewide with the lowest total operating expenditures per pupil;	2960

(b) Among the twenty per cent of all such community schools	2961
statewide with the highest performance index scores, excluding	2962
such community schools to which section 3314.017 of the Revised	2963
Code applies.	2964

(5) Within the category of STEM schools, the department shall	2965
denote each school that is:	2966

(a) Among the twenty per cent of all STEM schools statewide	2967
with the lowest total operating expenditures per pupil;	2968

(b) Among the twenty per cent of all STEM schools statewide	2969
with the highest performance index scores.	2970

For purposes of divisions (D)(3)(b) and (4)(b) of this	2971
section, the display shall note that, in accordance with section	2972
3314.017 of the Revised Code, a performance index score is not	2973
reported for some community schools that serve primarily students	2974
enrolled in dropout prevention and recovery programs.	2975

(E) The department shall post in a prominent location on its	2976
web site the information prescribed by divisions (C) and (D) of	2977
this section. The department also shall include on each	2978
district's, community school's, and STEM school's annual report	2979
card issued under section 3302.03 or 3314.017 of the Revised Code	2980
the respective information computed for the district or school	2981
under divisions (C)(1) and (4) of this section, the statewide	2982
information computed under division (C)(2) of this section, and	2983
the information computed for the district's or school's category	2984
under division (C)(3) of this section.	2985

(F) As used in this section:

2986

(1) "Internet- or computer-based community school" has the	2987
same meaning as in section 3314.02 of the Revised Code.	2988

(2) A school district's, community school's, or STEM school's	2989
performance index score rank is its performance index score rank	2990
as computed under section 3302.21 of the Revised Code.	2991

Sec. 3302.21. (A) The department of education shall develop	2992
a system to rank order all city, exempted village, and local	2993
school districts, community schools established under Chapter	2994
3314. of the Revised Code except those community schools to which	2995
section 3314.017 of the Revised Code applies, and STEM schools	2996
established under Chapter 3326. of the Revised Code according to	2997
the following measures:	2998

(1) Performance index score for each school district,	2999
community school, and STEM school and for each separate building	3000
of a district, community school, or STEM school. For districts,	3001
schools, or buildings to which the performance index score does	3002
not apply, the superintendent of public instruction ~~shall~~may	3003
develop another measure of student academic performance based on	3004
similar data and performance measures if appropriate and use that	3005
measure to include those buildings in the ranking so that ~~all~~	3006
districts, schools, and buildings may be reliably compared to each	3007
other.	3008

(2) Student performance growth from year to year, using the	3009
value-added progress dimension, if applicable, and other measures	3010
of student performance growth designated by the superintendent of	3011
public instruction for subjects and grades not covered by the	3012
value-added progress dimension or the alternative student academic	3013
progress measure if adopted under division (C)(1)(e) of section	3014
3302.03 of the Revised Code;	3015

(3) Current operating expenditures per pupil as determined	3016
under standards adopted by the state board of education under	3017
section 3302.20 of the Revised Code;	3018

(4) Of total current operating expenditures, percentage spent	3019
for classroom instruction as determined under standards adopted by	3020
the state board under section 3302.20 of the Revised Code;	3021

(5) Performance of, and opportunities provided to, students	3022
identified as gifted using value-added progress dimensions, if	3023
applicable, and other relevant measures as designated by the	3024
superintendent of public instruction.	3025

The department shall rank each district, each community	3026
school except a community school to which section 3314.017 of the	3027
Revised Code applies, and each STEM school annually in accordance	3028
with the system developed under this section.	3029

(B) In addition to the reports required by sections 3302.03	3030
and 3302.031 of the Revised Code, not later than the first day of	3031
September each year, the department shall issue a report for each	3032
city, exempted village, and local school district, each community	3033
school except a community school to which section 3314.017 of the	3034
Revised Code applies, and each STEM school indicating the	3035
district's or school's rank on each measure described in divisions	3036
(A)(1) to (4) of this section, including each separate building's	3037
rank among all public school buildings according to performance	3038
index score under division (A)(1) of this section.	3039

Sec. 3310.03. A student is an "eligible student" for	3040
purposes of the educational choice scholarship pilot program if	3041
the student's resident district is not a school district in which	3042
the pilot project scholarship program is operating under sections	3043
3313.974 to 3313.979 of the Revised Code and the student satisfies	3044
one of the conditions in division (A), (B), or (C) of this	3045
section:	3046

(A)(1) The student is enrolled in a school building ~~that is~~	3047
operated by the student's resident district that, on the report	3048
card issued under section 3302.03 of the Revised Code published	3049
prior to the first day of July of the school year for which a	3050
scholarship is sought, did not receive a rating as described in	3051
division (G) of this section, and to which ~~both~~any or a	3052
combination of any of the following apply for two of the three	3053
most recent report cards published prior to the first day of July	3054
of the school year for which a scholarship is sought:	3055

(a) The building was declared~~, in at least two of the three~~	3056
~~most recent ratings of school buildings published prior to the~~	3057
~~first day of July of the school year for which a scholarship is~~	3058
~~sought,~~ to be in a state of academic emergency or academic watch	3059
under section 3302.03 of the Revised Code;as that section existed	3060
prior to the effective date of this amendment.	3061

(b) ~~The building was not declared to be excellent or~~	3062
~~effective under that section in the most recent rating published~~	3063
~~prior to the first day of July of the school year for which a~~	3064
~~scholarship is sought~~The building received a grade of "D" or "F"	3065
for the performance index score under division (A)(1)(b) or	3066
(B)(1)(b) of section 3302.03 of the Revised Code and for the	3067
value-added progress dimension under division (A)(1)(e) or	3068
(B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013	3069
or 2013-2014 school year, or both; or if the building serves only	3070
grades ten through twelve, the building received a grade of "D" or	3071
"F" for the performance index score under division (A)(1)(b) or	3072
(B)(1)(b) of section 3302.03 of the Revised Code and had a	3073
four-year adjusted cohort graduation rate of less than	3074
seventy-five per cent.	3075

(c) The building received an overall grade of "D" or "F"	3076
under division (C)(3) of section 3302.03 of the Revised Code or a	3077
grade of "F" for the value-added progress dimension under division	3078
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3079
school year or any school year thereafter.	3080

(2) The student is eligible to enroll in kindergarten in the	3081
school year for which a scholarship is sought and otherwise would	3082
be assigned under section 3319.01 of the Revised Code to a school	3083
building described in division (A)(1) of this section.	3084

(3) The student is enrolled in a community school established	3085
under Chapter 3314. of the Revised Code but otherwise would be	3086
assigned under section 3319.01 of the Revised Code to a building	3087
described in division (A)(1) of this section.	3088

(4) The student is enrolled in a school building ~~that is~~	3089
operated by the student's resident district or in a community	3090
school established under Chapter 3314. of the Revised Code and	3091
otherwise would be assigned under section 3319.01 of the Revised	3092
Code to a school building described in division (A)(1) of this	3093
section in the school year for which the scholarship is sought.	3094

(5) The student is eligible to enroll in kindergarten in the	3095
school year for which a scholarship is sought, or is enrolled in a	3096
community school established under Chapter 3314. of the Revised	3097
Code, and all of the following apply to the student's resident	3098
district:	3099

(a) The district has in force an intradistrict open	3100
enrollment policy under which no student in kindergarten or the	3101
community school student's grade level, respectively, is	3102
automatically assigned to a particular school building;	3103

(b) In ~~at least two of the three most recent ratings of~~	3104
~~school districts published prior to the first day of July of the~~	3105
~~school year for which a scholarship is sought, the district was~~	3106
~~declared to be in a state of academic emergency under section~~	3107
~~3302.03 of the Revised Code;~~	3108

~~(c) The district was not declared to be excellent or~~	3109
~~effective under that section in the most recent rating published~~	3110
~~prior to the first day of July of the school year for which a~~	3111
~~scholarship is sought~~the most recent rating published prior to	3112
the first day of July of the school year for which scholarship is	3113
sought, the district did not receive a rating described in	3114
division (G) of this section, and in at least two of the three	3115
most recent report cards published prior to the first day of July	3116
of that school year, any or a combination of the following apply	3117
to the district:	3118

(i) The district was declared to be in a state of academic	3119
emergency under section 3302.03 of the Revised Code as it existed	3120
prior to the effective date of this amendment.	3121

(ii) The district received a grade of "D" or "F" for the	3122
performance index score under division (A)(1)(b) or (B)(1)(b) of	3123
section 3302.03 of the Revised Code and for the value-added	3124
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3125
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	3126
school year, or both.	3127

(c) The district received an overall grade of "D" or "F"	3128
under division (C)(3) of section 3302.03 of the Revised Code or a	3129
grade of "F" for the value-added progress dimension under division	3130
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3131
school year or any school year thereafter.	3132

(B)(1) The student is enrolled in a school building ~~that is~~	3133
operated by the student's resident district and to which both of	3134
the following apply:	3135

(a) The building was ranked, for at least two of the three	3136
most recent rankings published under section 3302.21 of the	3137
Revised Code prior to the first day of July of the school year for	3138
which a scholarship is sought, in the lowest ten per cent of all	3139
public school buildings according to performance index score under	3140
section 3302.21 of the Revised Code.	3141

(b) The building was not declared to be excellent or	3142
effective under section 3302.03 of the Revised Code in the most	3143
recent rating published prior to the first day of July of the	3144
school year for which a scholarship is sought.	3145

(2) The student is eligible to enroll in kindergarten in the	3146
school year for which a scholarship is sought and otherwise would	3147
be assigned under section 3319.01 of the Revised Code to a school	3148
building described in division (B)(1) of this section.	3149

(3) The student is enrolled in a community school established	3150
under Chapter 3314. of the Revised Code but otherwise would be	3151
assigned under section 3319.01 of the Revised Code to a building	3152
described in division (B)(1) of this section.	3153

(4) The student is enrolled in a school building ~~that is~~	3154
operated by the student's resident district or in a community	3155
school established under Chapter 3314. of the Revised Code and	3156
otherwise would be assigned under section 3319.01 of the Revised	3157
Code to a school building described in division (B)(1) of this	3158
section in the school year for which the scholarship is sought.	3159

(C) The student is enrolled in a nonpublic school at the time	3160
the school is granted a charter by the state board of education	3161
under section 3301.16 of the Revised Code and the student meets	3162
the standards of division (B) of section 3310.031 of the Revised	3163
Code.	3164

(D) A student who receives a scholarship under the	3165
educational choice scholarship pilot program remains an eligible	3166
student and may continue to receive scholarships in subsequent	3167
school years until the student completes grade twelve, so long as	3168
all of the following apply:	3169

(1) The student's resident district remains the same, or the	3170
student transfers to a new resident district and otherwise would	3171
be assigned in the new resident district to a school building	3172
described in division (A)(1) or (B)(1) of this section;	3173

(2) The student takes each assessment prescribed for the	3174
student's grade level under section 3301.0710 or 3301.0712 of the	3175
Revised Code while enrolled in a chartered nonpublic school;	3176

(3) In each school year that the student is enrolled in a	3177
chartered nonpublic school, the student is absent from school for	3178
not more than twenty days that the school is open for instruction,	3179
not including excused absences.	3180

(E)(1) The department shall cease awarding first-time	3181
scholarships pursuant to divisions (A)(1) to (4) of this section	3182
with respect to a school building that, in the most recent ratings	3183
of school buildings published under section 3302.03 of the Revised	3184
Code prior to the first day of July of the school year, ceases to	3185
meet the criteria in division (A)(1) of this section. The	3186
department shall cease awarding first-time scholarships pursuant	3187
to division (A)(5) of this section with respect to a school	3188
district that, in the most recent ratings of school districts	3189
published under section 3302.03 of the Revised Code prior to the	3190
first day of July of the school year, ceases to meet the criteria	3191
in division (A)(5) of this section.	3192

(2) The department shall cease awarding first-time	3193
scholarships pursuant to divisions (B)(1) to (4) of this section	3194
with respect to a school building that, in the most recent ratings	3195
of school buildings under section 3302.03 of the Revised Code	3196
prior to the first day of July of the school year, ceases to meet	3197
the criteria in division (B)(1) of this section.	3198

(3) However, students who have received scholarships in the	3199
prior school year remain eligible students pursuant to division	3200
(D) of this section.	3201

(F) The state board of education shall adopt rules defining	3202
excused absences for purposes of division (D)(3) of this section.	3203

(G)(1) A student who satisfies only the conditions prescribed	3204
in divisions (A)(1) to (4) of this section shall not be eligible	3205
for a scholarship if the student's resident building meets any of	3206
the following in the most recent rating under section 3302.03 of	3207
the Revised Code published prior to the first day of July of the	3208
school year for which a scholarship is sought:	3209

(a) The building has an overall designation of excellent or	3210
effective under section 3302.03 of the Revised Code as it existed	3211
prior to the effective date of this amendment.	3212

(b) For the 2012-2013 or 2013-2014 school year or both, the	3213
building has a grade of "A" or "B" for the performance index score	3214
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	3215
Revised Code and for the value-added progress dimension under	3216
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	3217
Code; or if the building serves only grades ten through twelve,	3218
the building received a grade of "A" or "B" for the performance	3219
index score under division (A)(1)(b) or (B)(1)(b) of section	3220
3302.03 of the Revised Code and had a four-year adjusted cohort	3221
graduation rate of greater than or equal to seventy-five per cent.	3222

(c) For the 2014-2015 school year or any school year	3223
thereafter, the building has a grade of "A" or "B" under division	3224
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	3225
for the value-added progress dimension under division (C)(1)(e) of	3226
section 3302.03 of the Revised Code; or if the building serves	3227
only grades ten through twelve, the building received a grade of	3228
"A" or "B" for the performance index score under division	3229
(C)(1)(b) of section 3302.03 of the Revised Code and had a	3230
four-year adjusted cohort graduation rate of greater than or equal	3231
to seventy-five per cent.	3232

(2) A student who satisfies only the conditions prescribed in	3233
division (A)(5) of this section shall not be eligible for a	3234
scholarship if the student's resident district meets any of the	3235
following in the most recent rating under section 3302.03 of the	3236
Revised Code published prior to the first day of July of the	3237
school year for which a scholarship is sought:	3238

(a) The district has an overall designation of excellent or	3239
effective under section 3302.03 of the Revised Code as it existed	3240
prior to the effective date of this amendment.	3241

(b) The district has a grade of "A" or "B" for the	3242
performance index score under division (A)(1)(b) or (B)(1)(b) of	3243
section 3302.03 of the Revised Code and for the value-added	3244
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3245
section 3302.03 of the Revised Code for the 2012-2013 and	3246
2013-2014 school years.	3247

(c) The district has an overall grade of "A" or "B" under	3248
division (C)(3) of section 3302.03 of the Revised Code and a grade	3249
of "A" for the value-added progress dimension under division	3250
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3251
school year or any school year thereafter.	3252

Sec. 3310.06. It is the policy adopted by the general	3253
assembly that the educational choice scholarship pilot program	3254
shall be construed as one of several educational options available	3255
for students enrolled in ~~academic emergency or academic watch~~	3256
persistently low-performing school buildings. Students may be	3257
enrolled in the schools of the student's resident district, in a	3258
community school established under Chapter 3314. of the Revised	3259
Code, in the schools of another school district pursuant to an	3260
open enrollment policy adopted under section 3313.98 of the	3261
Revised Code, in a chartered nonpublic school with or without a	3262
scholarship under the educational choice scholarship pilot	3263
program, or in other schools as the law may provide.	3264

Sec. 3310.16. For the 2013-2014 school year and each school	3265
year thereafter, the department of education shall conduct two	3266
application periods each year for the educational choice	3267
scholarship pilot program, as follows:	3268

(A) The first application period shall open not sooner than	3269
the first day of February prior to the first day of July of the	3270
school year for which a scholarship is sought and run not less	3271
than seventy-five days.	3272

(B) The second application period shall open not sooner than	3273
the first day of July of the school year for which the scholarship	3274
is sought and run not less than thirty days.	3275

Sec. 3311.741. (A) This section applies only to a municipal	3276
school district in existence on July 1, 2012.	3277

(B) Not later than December 1, 2012, the board of education	3278
of each municipal school district to which this section applies	3279
shall submit to the superintendent of public instruction an array	3280
of measures to be used in evaluating the performance of the	3281
district. The measures shall assess at least overall student	3282
achievement, student progress over time, the achievement and	3283
progress over time of each of the applicable categories of	3284
students described in division ~~(C)(3)~~(F) of section 3302.03 of the	3285
Revised Code, and college and career readiness. The state	3286
superintendent shall approve or disapprove the measures by January	3287
15, 2013. If the measures are disapproved, the state	3288
superintendent shall recommend modifications that will make the	3289
measures acceptable.	3290

(C) Beginning with the 2012-2013 school year, the board	3291
annually shall establish goals for improvement on each of the	3292
measures approved under division (B) of this section. The school	3293
district's performance data for the 2011-2012 school year shall be	3294
used as a baseline for determining improvement.	3295

(D) Not later than October 1, 2013, and by the first day of	3296
October each year thereafter, the board shall issue a report	3297
describing the school district's performance for the previous	3298
school year on each of the measures approved under division (B) of	3299
this section and whether the district has met each of the	3300
improvement goals established for that year under division (C) of	3301
this section. The board shall provide the report to the governor,	3302
the superintendent of public instruction, and, in accordance with	3303
section 101.68 of the Revised Code, the general assembly.	3304

(E) Not later than November 15, 2017, the superintendent of	3305
public instruction shall evaluate the school district's	3306
performance based on the measures approved under division (B) of	3307
this section and shall issue a report to the governor and general	3308
assembly.	3309

Sec. 3311.80. Notwithstanding any provision of the Revised	3310
Code to the contrary, a municipal school district shall be subject	3311
to this section instead of section 3319.111 of the Revised Code.	3312

(A) Not later than July 1, 2013, the board of education of	3313
each municipal school district and the teachers' labor	3314
organization shall develop and adopt standards-based teacher	3315
evaluation procedures that conform with the framework for	3316
evaluation of teachers developed under section 3319.112 of the	3317
Revised Code. The evaluation procedures shall include at least	3318
formal observations and classroom walk-throughs, which may be	3319
announced or unannounced; examinations of samples of work, such as	3320
lesson plans or assessments designed by a teacher; and multiple	3321
measures of student academic growth.	3322

(B) When using measures of student academic growth as a	3323
component of a teacher's evaluation, those measures shall include	3324
the value-added progress dimension prescribed by section 3302.021	3325
of the Revised Code or the alternative student academic progress	3326
measure if adopted under division (C)(1)(e) of section 3302.03 of	3327
the Revised Code. For teachers of grade levels and subjects for	3328
which the value-added progress dimension or alternative student	3329
academic achievement measure is not applicable, the board shall	3330
administer assessments on the list developed under division (B)(2)	3331
of section 3319.112 of the Revised Code.	3332

(C)(1) Each teacher employed by the board shall be evaluated	3333
at least once each school year, except as provided in division	3334
(C)(2) of this section. The composite evaluation shall be	3335
completed not later than the first day of June and the teacher	3336
shall receive a written report of the results of the composite	3337
evaluation not later than ten days after its completion or the	3338
last teacher work day of the school year, whichever is earlier.	3339

(2) Each teacher who received a rating of accomplished on the	3340
teacher's most recent evaluation conducted under this section may	3341
be evaluated once every two school years, except that the teacher	3342
shall be evaluated in any school year in which the teacher's	3343
contract is due to expire. The biennial composite evaluation shall	3344
be completed not later than the first day of June of the	3345
applicable school year, and the teacher shall receive a written	3346
report of the results of the composite evaluation not later than	3347
ten days after its completion or the last teacher work day of the	3348
school year, whichever is earlier.	3349

(D) Each evaluation conducted pursuant to this section shall	3350
be conducted by one or more of the following persons who have been	3351
trained to conduct evaluations in accordance with criteria that	3352
shall be developed jointly by the chief executive officer of the	3353
district, or the chief executive officer's designee, and the	3354
teachers' labor organization:	3355

(1) The chief executive officer or a subordinate officer of	3356
the district with responsibility for instruction or academic	3357
affairs;	3358

(2) A person who is under contract with the board pursuant to	3359
section 3319.02 of the Revised Code and holds a license designated	3360
for being a principal issued under section 3319.22 of the Revised	3361
Code;	3362

(3) A person who is under contract with the board pursuant to	3363
section 3319.02 of the Revised Code and holds a license designated	3364
for being a vocational director or a supervisor in any educational	3365
area issued under section 3319.22 of the Revised Code;	3366

(4) A person designated to conduct evaluations under an	3367
agreement providing for peer assistance and review entered into by	3368
the board and the teachers' labor organization.	3369

(E) The evaluation procedures shall describe how the	3370
evaluation results will be used for decisions regarding	3371
compensation, retention, promotion, and reductions in force and	3372
for removal of poorly performing teachers.	3373

(F) A teacher may challenge any violations of the evaluation	3374
procedures in accordance with the grievance procedure specified in	3375
any applicable collective bargaining agreement. A challenge under	3376
this division is limited to the determination of procedural errors	3377
that have resulted in substantive harm to the teacher and to	3378
ordering the correction of procedural errors. The failure of the	3379
board or a person conducting an evaluation to strictly comply with	3380
any deadline or evaluation forms established as part of the	3381
evaluation process shall not be cause for an arbitrator to	3382
determine that a procedural error occurred, unless the arbitrator	3383
finds that the failure resulted in substantive harm to the	3384
teacher. The arbitrator shall have no jurisdiction to modify the	3385
evaluation results, but the arbitrator may stay any decision taken	3386
pursuant to division (E) of this section pending the board's	3387
correction of any procedural error. The board shall correct any	3388
procedural error within fifteen business days after the	3389
arbitrator's determination that a procedural error occurred.	3390

(G) Notwithstanding any provision to the contrary in Chapter	3391
4117. of the Revised Code, the requirements of this section	3392
prevail over any conflicting provisions of a collective bargaining	3393
agreement entered into on or after ~~the effective date of this~~	3394
~~section~~October 1, 2012. However, the board and the teachers'	3395
labor organization may negotiate additional evaluation procedures,	3396
including an evaluation process incorporating peer assistance and	3397
review, provided the procedures are consistent with this section.	3398

(H) This section does not apply to administrators appointed	3399
by the chief executive officer of a municipal school district	3400
under section 3311.72 of the Revised Code, administrators subject	3401
to evaluation procedures under section 3311.84 or 3319.02 of the	3402
Revised Code, or to any teacher employed as a substitute for less	3403
than one hundred twenty days during a school year pursuant to	3404
section 3319.10 of the Revised Code.	3405

Sec. 3313.473. (A) This section does not apply to any school	3406
district ~~declared to be excellent or effective pursuant to~~	3407
~~division (B)(1) or (2) of section 3302.03 of the Revised Code~~to	3408
which one of the following applies:	3409

(1) For the 2011-2012 school year, the school district was	3410
declared to be excellent or effective under section 3302.03 of the	3411
Revised Code, as that section existed prior to the effective date	3412
of this section.	3413

(2) For the 2012-2013 school year, the school district	3414
received a grade of "A" or "B" for the performance index score	3415
under division (A)(1)(b) and for the value-added dimension under	3416
division (A)(1)(e) of section 3302.03 of the Revised Code.	3417

(3) For the 2013-2014 school year, the school district	3418
received a grade of "A" or "B" for the performance index score	3419
under division (B)(1)(b) and for the value-added dimension under	3420
division (B)(1)(e) of section 3302.03 of the Revised Code.	3421

(4) For the 2014-2015 school year and for any school year	3422
thereafter, the school district received an overall grade of "A"	3423
or "B" under division (C)(3) of section 3302.03 of the Revised	3424
Code.	3425

~~(A)~~(B) The state board of education shall adopt rules	3426
requiring school districts with a total student count of over five	3427
thousand, as determined pursuant to section 3317.03 of the Revised	3428
Code, to designate one school building to be operated by a	3429
site-based management council. The rules shall specify the	3430
composition of the council and the manner in which members of the	3431
council are to be selected and removed.	3432

~~(B)~~(C) The rules adopted under division ~~(A)~~(B) of this	3433
section shall specify those powers, duties, functions, and	3434
responsibilities that shall be vested in the management council	3435
and that would otherwise be exercised by the district board of	3436
education. The rules shall also establish a mechanism for	3437
resolving any differences between the council and the district	3438
board if there is disagreement as to their respective powers,	3439
duties, functions, and responsibilities.	3440

~~(C)~~(D) The board of education of any school district	3441
described by division ~~(A)~~(B) of this section may, in lieu of	3442
complying with the rules adopted under this section, file with the	3443
department of education an alternative structure for a district	3444
site-based management program in at least one of its school	3445
buildings. The proposal shall specify the composition of the	3446
council, which shall include an equal number of parents and	3447
teachers and the building principal, and the method of selection	3448
and removal of the council members. The proposal shall also	3449
clearly delineate the respective powers, duties, functions, and	3450
responsibilities of the district board and the council. The	3451
district's proposal shall comply substantially with the rules	3452
adopted under division ~~(A)~~(B) of this section.	3453

Sec. 3313.608. (A)(1) Beginning with students who enter	3454
third grade in the school year that starts July 1, 2009, and until	3455
June 30, 2013, for any student who attains a score in the range	3456
designated under division (A)(3) of section 3301.0710 of the	3457
Revised Code on the assessment prescribed under that section to	3458
measure skill in English language arts expected at the end of	3459
third grade, each school district, in accordance with the policy	3460
adopted under section 3313.609 of the Revised Code, shall do one	3461
of the following:	3462

(a) Promote the student to fourth grade if the student's	3463
principal and reading teacher agree that other evaluations of the	3464
student's skill in reading demonstrate that the student is	3465
academically prepared to be promoted to fourth grade;	3466

(b) Promote the student to fourth grade but provide the	3467
student with intensive intervention services in fourth grade;	3468

3469

(2) Beginning with students who enter third grade in the	3470
2013-2014 school year, no school district shall promote to fourth	3471
grade any student who attains a score in the range designated	3472
under division (A)(3) of section 3301.0710 of the Revised Code on	3473
the assessment prescribed under that section to measure skill in	3474
English language arts expected at the end of third grade, unless	3475
one of the following applies:	3476

(a) The student is a limited English proficient student who	3477
has been enrolled in United States schools for less than two full	3478
school years and has had less than two years of instruction in an	3479
English as a second language program.	3480

(b) The student is a child with a disability entitled to	3481
special education and related services under Chapter 3323. of the	3482
Revised Code and the student's individualized education program	3483
exempts the student from retention under this division.	3484

(c) The student demonstrates an acceptable level of	3485
performance on an alternative standardized reading assessment as	3486
determined by the department of education.	3487

(d) All of the following apply:

3488

(i) The student is a child with a disability entitled to	3489
special education and related services under Chapter 3323. of the	3490
Revised Code.	3491

(ii) The student has taken the third grade English language	3492
arts achievement assessment prescribed under section 3301.0710 of	3493
the Revised Code.	3494

(iii) The student's individualized education program or plan	3495
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	3496
355, 29 U.S.C. 794, as amended, shows that the student has	3497
received intensive remediation in reading for two school years but	3498
still demonstrates a deficiency in reading.	3499

(iv) The student previously was retained in any of grades	3500
kindergarten to three.	3501

(e)(i) The student received intensive remediation for reading	3502
for two school years but still demonstrates a deficiency in	3503
reading and was previously retained in any of grades kindergarten	3504
to three.	3505

(ii) A student who is promoted under division (A)(2)(e)(i) of	3506
this section shall continue to receive intensive reading	3507
instruction in grade four. The instruction shall include an	3508
altered instructional day that includes specialized diagnostic	3509
information and specific research-based reading strategies for the	3510
student that have been successful in improving reading among	3511
low-performing readers.	3512

(B)(1) Beginning in the 2012-2013 school year, to assist	3513
students in meeting the third grade guarantee established by this	3514
section, each school district board of education shall adopt	3515
policies and procedures with which it annually shall assess the	3516
reading skills of each student enrolled in kindergarten to third	3517
grade by the thirtieth day of September and shall identify	3518
students who are reading below their grade level. Each district	3519
shall use the diagnostic assessment to measure ~~English language~~	3520
~~arts~~reading ability for the appropriate grade level adopted under	3521
section 3301.079 of the Revised Code, or a comparable tool	3522
approved by the department of education, to identify such	3523
students. The policies and procedures shall require the students'	3524
classroom teachers to be involved in the assessment and the	3525
identification of students reading below grade level.	3526

(2) For each student identified by the diagnostic assessment	3527
prescribed under this section as having reading skills below grade	3528
level, the district shall do both of the following:	3529

(a) Provide to the student's parent or guardian, in writing,	3530
all of the following:	3531

(i) Notification that the student has been identified as	3532
having a substantial deficiency in reading;	3533

(ii) A description of the current services that are provided	3534
to the student;	3535

(iii) A description of the proposed supplemental	3536
instructional services and supports that will be provided to the	3537
student that are designed to remediate the identified areas of	3538
reading deficiency;	3539

(iv) Notification that if the student attains a score in the	3540
range designated under division (A)(3) of section 3301.0710 of the	3541
Revised Code on the assessment prescribed under that section to	3542
measure skill in English language arts expected at the end of	3543
third grade, the student shall be retained unless the student is	3544
exempt under division (A) of this section. The notification shall	3545
specify that the assessment under section 3301.0710 of the Revised	3546
Code is not the sole determinant of promotion and that additional	3547
evaluations and assessments are available to the student to assist	3548
parents and the district in knowing when a student is reading at	3549
or above grade level and ready for promotion.	3550

(b) Provide intensive reading instruction services and	3551
regular diagnostic assessments to the student immediately	3552
following identification of a reading deficiency~~, in accordance~~	3553
~~with~~until the development of the reading improvement and	3554
monitoring plan required by division (C) of this section. ~~Such~~	3555
These intervention services shall include research-based reading	3556
strategies that have been shown to be successful in improving	3557
reading among low-performing readers and instruction targeted at	3558
the student's identified reading deficiencies.	3559

(3) For each student retained under division (A) of this	3560
section, the district shall do all of the following:	3561

(a) Provide intense remediation services until the student is	3562
able to read at grade level. The remediation services shall	3563
include intensive interventions in reading that address the areas	3564
of deficiencies identified under this section including, but not	3565
limited to, not less than ninety minutes of reading ~~daily~~	3566
instruction per day, and may include any of the following:	3567

(i) Small group instruction;

3568

(ii) Reduced teacher-student ratios;

3569

(iii) More frequent progress monitoring;

3570

(iv) Tutoring or mentoring;

3571

(v) Transition classes containing third and fourth grade	3572
students;	3573

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

3574

(vii) Summer reading camps.

3575

(b) Establish a policy for the mid-year promotion of a	3576
student retained under division (A) of this section who	3577
demonstrates that the student is reading at or above grade level;	3578

(c) Provide each student with a ~~high-performing~~ teacher~~, as~~	3579
~~determined by the teacher's student performance data, when~~	3580
~~available, and performance reviews~~who satisfies one or more of	3581
the applicable criteria set forth in division (H) of this section.	3582

The district shall offer the option for students to receive	3583
applicable services from one or more providers other than the	3584
district. Providers shall be screened and approved by the district	3585
or the department of education. If the student participates in the	3586
remediation services and demonstrates reading proficiency in	3587
accordance with standards adopted by the department prior to the	3588
start of fourth grade, the district shall promote the student to	3589
that grade.	3590

(4) For each student retained under division (A) of this	3591
section who has demonstrated proficiency in a specific academic	3592
ability field, each district shall provide instruction	3593
commensurate with student achievement levels in that specific	3594
academic ability field.	3595

As used in this division, "specific academic ability field"	3596
has the same meaning as in section 3324.01 of the Revised Code.	3597

(C) For each student required to be provided intervention	3598
services under this section, the district shall develop a reading	3599
improvement and monitoring plan within sixty days after receiving	3600
the student's results on the diagnostic assessment or comparable	3601
tool administered under division (B)(1) of this section. The	3602
district shall involve the student's parent or guardian and	3603
classroom teacher in developing the plan. The plan shall include	3604
all of the following:	3605

(1) Identification of the student's specific reading	3606
deficiencies;	3607

(2) A description of the additional instructional services	3608
and support that will be provided to the student to remediate the	3609
identified reading deficiencies;	3610

(3) Opportunities for the student's parent or guardian to be	3611
involved in the instructional services and support described in	3612
division (C)(2) of this section;	3613

(4) A process for monitoring the extent to which the student	3614
receives the instructional services and support described in	3615
division (C)(2) of this section;	3616

(5) A reading curriculum during regular school hours that	3617
does all of the following:	3618

(a) Assists students to read at grade level;

3619

(b) Provides scientifically based and reliable assessment;

3620

(c) Provides initial and ongoing analysis of each student's	3621
reading progress.	3622

(6) A statement that if the student attains a score in the	3623
range designated under division (A)(3) of section 3301.0710 of the	3624
Revised Code on the assessment prescribed under that section to	3625
measure skill in English language arts expected by the end of	3626
third grade, the student may be retained in third grade.	3627

Each student with a reading improvement and monitoring plan	3628
under this division who enters third grade after July 1, 2013,	3629
shall be assigned to a teacher who ~~has either received a passing~~	3630
~~score on a rigorous test of principles of scientifically based~~	3631
~~reading instruction approved by the state board of education or~~	3632
~~has a reading endorsement on the teacher's license~~satisfies one	3633
or more of the applicable criteria set forth in division (H) of	3634
this section.	3635

The district shall report any information requested by the	3636
department about the reading improvement monitoring plans	3637
developed under this division in the manner required by the	3638
department.	3639

(D) Each school district shall report annually to the	3640
department on its implementation and compliance with this section	3641
using guidelines prescribed by the superintendent of public	3642
instruction. The superintendent of public instruction annually	3643
shall report to the governor and general assembly the number and	3644
percentage of students in grades kindergarten through four reading	3645
below grade level based on the diagnostic assessments administered	3646
under division (B) of this section and the achievement assessments	3647
administered under divisions (A)(1)(a) and (b) of section	3648
3301.0710 of the Revised Code in English language arts, aggregated	3649
by school district and building; the types of intervention	3650
services provided to students; and, if available, an evaluation of	3651
the efficacy of the intervention services provided.	3652

(E) Any summer remediation services funded in whole or in	3653
part by the state and offered by school districts to students	3654
under this section shall meet the following conditions:	3655

(1) The remediation methods are based on reliable educational	3656
research.	3657

(2) The school districts conduct assessment before and after	3658
students participate in the program to facilitate monitoring	3659
results of the remediation services.	3660

(3) The parents of participating students are involved in	3661
programming decisions.	3662

(F) Any intervention or remediation services required by this	3663
section shall include intensive, explicit, and systematic	3664
instruction.	3665

(G) This section does not create a new cause of action or a	3666
substantive legal right for any person.	3667

(H)(1) Prior to July 1, 2014, each student described in	3668
division (B)(3) or (C) of this section who enters third grade for	3669
the first time on or after July 1, 2013, shall be assigned a	3670
teacher who has been actively engaged in the reading instruction	3671
of students for the previous three years and who satisfies one or	3672
more of the following criteria:	3673

(a) The teacher holds a reading endorsement on the teacher's	3674
license and has attained a passing score on the corresponding	3675
assessment for that endorsement.	3676

(b) The teacher has completed a master's degree program with	3677
a major in reading.	3678

(c) The teacher has demonstrated evidence of a credential	3679
earned from a list of scientifically research-based reading	3680
instruction programs approved by the department.	3681

(d) The teacher was rated "above value added," which means	3682
most effective in reading, as determined by the department, for	3683
the last two school years.	3684

(2) Effective July 1, 2014, each student described in	3685
divisions (B)(3) and (C) of this section shall be assigned a	3686
teacher who has been actively engaged in the reading instruction	3687
of students for the previous three years and who satisfies one or	3688
more of the following criteria:	3689

(a) The teacher holds a reading endorsement on the teacher's	3690
license and has attained a passing score on the corresponding	3691
assessment for that endorsement.	3692

(b) The teacher has completed a master's degree program with	3693
a major in reading.	3694

(c) The teacher was rated above "above value added," which	3695
means most effective for the last two school years.	3696

(d) The teacher has earned a passing score on a rigorous test	3697
of principles of scientifically research-based reading	3698
instruction. This test shall be selected through a competitive	3699
bidding process and shall be approved by the state board.	3700

(3) If, on the effective date of this amendment, a school	3701
district or community school cannot furnish the number of teachers	3702
needed who satisfy one or more of the criteria set forth in	3703
division (H)(1) of this section, the school district or community	3704
school shall develop and submit a plan by June 30, 2013, in a	3705
manner determined by the department indicating the criteria that	3706
will be used to determine those teachers in the school district or	3707
community school who will teach and how the school district or	3708
community school will meet the requirements set forth in division	3709
(H)(2) of this section.	3710

A school district or community school may include in this	3711
plan the option to contract with another school district or	3712
private provider that has been screened and approved by the	3713
department to provide intervention services. If the school	3714
district or community school's plan is not approved by the	3715
department by August 15, 2013, the school district or community	3716
school shall use a private contractor from a list approved by the	3717
department or contract with another district to provide	3718
intervention services for these students.	3719

Sec. 3314.011. Every community school established under this	3720
chapter shall have a designated fiscal officer. The auditor of	3721
state may require by rule that the fiscal officer of any community	3722
school, before entering upon duties as fiscal officer of the	3723
school, execute a bond in an amount and with surety to be approved	3724
by the governing authority of the school, payable to the state,	3725
conditioned for the faithful performance of all the official	3726
duties required of the fiscal officer. Any such bond shall be	3727
deposited with the governing authority of the school, and a copy	3728
thereof, certified by the governing authority, shall be filed with	3729
the county auditor.	3730

Prior to assuming the duties of fiscal officer, the fiscal	3731
officer designated under this section shall be licensed under	3732
section 3301.074 of the Revised Code ~~or shall complete not less~~	3733
~~than sixteen hours of continuing education classes, courses, or~~	3734
~~workshops in the area of school accounting as approved by the~~	3735
~~sponsor of the community school. Any fiscal officer who is not~~	3736
~~licensed under section 3301.074 of the Revised Code shall complete~~	3737
~~an additional twenty-four hours of continuing education classes,~~	3738
~~courses, or workshops in the area of school accounting as approved~~	3739
~~by the sponsor of the school within one year after assuming the~~	3740
~~duties of fiscal officer of the school. However, any such classes,~~	3741
~~courses, or workshops in excess of sixteen hours completed by the~~	3742
~~fiscal officer prior to assuming the duties of fiscal officer~~	3743
~~shall count toward the additional twenty-four hours of continuing~~	3744
~~education required under this section. In each subsequent year,~~	3745
~~any fiscal officer who is not licensed under section 3301.074 of~~	3746
~~the Revised Code shall complete eight hours of continuing~~	3747
~~education classes, courses, or workshops in the area of school~~	3748
~~accounting as approved by the sponsor of the school~~. Any person	3749
serving as a fiscal officer of a community school on the effective	3750
date of this amendment who is not licensed as a treasurer shall be	3751
permitted to serve as a fiscal officer for not more than one year	3752
following the effective date of this amendment. Beginning on that	3753
date and thereafter, no community school shall permit any	3754
individual to serve as a fiscal officer without a license as	3755
required by this section.	3756

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	3757
the superintendent of public instruction shall appoint	3758
representatives of the department of education, including	3759
employees who work with the education management information	3760
system, to a committee to develop report card models for community	3761
schools. The committee shall design model report cards appropriate	3762
for the various types of community schools approved to operate in	3763
the state. Sufficient models shall be developed to reflect the	3764
variety of grade levels served and the missions of the state's	3765
community schools. All models shall include both financial and	3766
academic data. The initial models shall be developed by March 31,	3767
2000.	3768

(B) ~~The~~Except as provided in section 3314.017 of the Revised	3769
Code, the department of education shall issue an annual report	3770
card for each community school, regardless of how long the school	3771
has been in operation. The report card shall report the academic	3772
and financial performance of the school utilizing one of the	3773
models developed under division (A) of this section. The report	3774
card shall include all information applicable to school buildings	3775
under ~~division~~divisions (A), (B), (C), and (D) of section 3302.03	3776
of the Revised Code. The ratings a community school receives under	3777
section 3302.03 of the Revised Code for its first two full school	3778
years shall not be considered toward automatic closure of the	3779
school under section 3314.35 of the Revised Code or any other	3780
matter that is based on report card ratings.	3781

(C) Upon receipt of a copy of a contract between a sponsor	3782
and a community school entered into under this chapter, the	3783
department of education shall notify the community school of the	3784
specific model report card that will be used for that school.	3785

(D) Report cards shall be distributed to the parents of all	3786
students in the community school, to the members of the board of	3787
education of the school district in which the community school is	3788
located, and to any person who requests one from the department.	3789

Sec. 3314.013. (A) Until ~~January 1, 2013~~the sixty-first day	3790
after the effective date of this amendment, no internet- or	3791
computer-based community school shall operate unless the school	3792
was open for instruction as of May 1, 2005. No entity described in	3793
division (C)(1) of section 3314.02 of the Revised Code shall enter	3794
into a contract to sponsor an internet- or computer-based	3795
community school, including a conversion school, between May 1,	3796
2005, and ~~January 1, 2013~~the sixty-first day after the effective	3797
date of this amendment, except as follows:	3798

(1) The entity may renew a contract that the entity entered	3799
into with an internet- or computer-based community school prior to	3800
May 1, 2005, if the school was open for operation as of that date.	3801

(2) The entity may assume sponsorship of an existing	3802
internet- or computer-based community school that was formerly	3803
sponsored by another entity and may enter into a contract with	3804
that community school in accordance with section 3314.03 of the	3805
Revised Code.	3806

If a sponsor entered into a contract with an internet- or	3807
computer-based community school, including a conversion school,	3808
but the school was not open for operation as of May 1, 2005, the	3809
contract shall be void and the entity shall not enter into another	3810
contract with the school until ~~January 1, 2013~~the sixty-first day	3811
after the effective date of this amendment.	3812

(B)(1) Beginning ~~January~~on the later of July 1, 2013, or the	3813
sixty-first day after the effective date of this amendment, up to	3814
five new internet- or computer-based community schools may open	3815
each year~~. If the governing authorities of more than five new~~	3816
~~schools notify the department of education under division (D) of~~	3817
~~section 3314.02 of the Revised Code, by a deadline established by~~	3818
~~the department, that they have signed a contract with a sponsor to~~	3819
~~open in the following school year, the department shall hold a~~	3820
~~lottery within thirty days after the deadline to choose the five~~	3821
~~schools that may open in that school year. The contract signed by~~	3822
~~the governing authority of any school not selected in the lottery~~	3823
~~shall be void, but the school may enter into a contract with a~~	3824
~~sponsor to open in a subsequent school year, subject to this~~	3825
~~division~~, subject to approval of the superintendent of public	3826
instruction under division (B)(2) of this section.	3827

(2) The superintendent of public instruction shall approve	3828
applications for new internet- or computer-based community schools	3829
from only those applicants demonstrating experience and quality.	3830

The state board of education shall adopt rules prescribing	3831
measures to determine experience and quality of applicants in	3832
accordance with Chapter 119. of the Revised Code. The measures	3833
shall include, but not be limited to, the following	3834
considerations:	3835

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

3836

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

3837

(c) The sponsor's and operator's previous record for student	3838
performance;	3839

(d) A preference for operators with previous experience in	3840
Ohio.	3841

The state board shall adopt the rules so that they are	3842
effective not later than the sixty-first day after the effective	3843
date of this amendment.	3844

(3) The department of education shall notify any new	3845
internet- or computer-based community school governed by division	3846
(B) of this section of whether the superintendent has approved or	3847
disapproved the school's application to open for the 2013-2014	3848
school year not later than July 1, 2013, or the sixty-first day	3849
after the effective date of this amendment, if such date occurs	3850
after July 1, 2013. Notwithstanding the dates prescribed for	3851
adoption and signing on sponsor contracts in division (D) of	3852
section 3314.02 of the Revised Code, or the date for opening a	3853
school for instruction required by division (A)(25) of section	3854
3314.03 of the Revised Code, a new internet- or computer-based	3855
community school approved for opening for the 2013-2014 school	3856
year under division (B) of this section may open and operate in	3857
that school year regardless of whether it has complied with those	3858
contract and opening dates. For each school year thereafter, the	3859
school shall comply with all applicable provisions of this	3860
chapter.	3861

(C) Nothing in divisions (A) or (B) of this section prohibits	3862
an internet- or computer-based community school from increasing	3863
the number of grade levels it offers.	3864

(D) Not later than July 1, 2012, the director of the	3865
governor's office of 21st century education and the superintendent	3866
of public instruction shall develop standards for the operation of	3867
internet- or computer-based community schools. The director shall	3868
submit those standards to the speaker of the house of	3869
representatives and the president of the senate for consideration	3870
of enactment by the general assembly.	3871

Sec. 3314.015. (A) The department of education shall be	3872
responsible for the oversight of any and all sponsors of the	3873
community schools established under this chapter and shall provide	3874
technical assistance to schools and sponsors in their compliance	3875
with applicable laws and the terms of the contracts entered into	3876
under section 3314.03 of the Revised Code and in the development	3877
and start-up activities of those schools. In carrying out its	3878
duties under this section, the department shall do all of the	3879
following:	3880

(1) In providing technical assistance to proposing parties,	3881
governing authorities, and sponsors, conduct training sessions and	3882
distribute informational materials;	3883

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

3884

(3) Monitor and evaluate, as required under section 3314.016	3885
of the Revised Code, the effectiveness of any and all sponsors in	3886
their oversight of the schools with which they have contracted;	3887

(4) By December thirty-first of each year, issue a report to	3888
the governor, the speaker of the house of representatives, the	3889
president of the senate, and the chairpersons of the house and	3890
senate committees principally responsible for education matters	3891
regarding the effectiveness of academic programs, operations, and	3892
legal compliance and of the financial condition of all community	3893
schools established under this chapter and on the performance of	3894
community school sponsors;	3895

(5) From time to time, make legislative recommendations to	3896
the general assembly designed to enhance the operation and	3897
performance of community schools.	3898

(B)(1) Except as provided in sections 3314.021 and 3314.027	3899
of the Revised Code, no entity listed in division (C)(1) of	3900
section 3314.02 of the Revised Code shall enter into a preliminary	3901
agreement under division (C)(2) of section 3314.02 of the Revised	3902
Code until it has received approval from the department of	3903
education to sponsor community schools under this chapter and has	3904
entered into a written agreement with the department regarding the	3905
manner in which the entity will conduct such sponsorship. The	3906
department shall adopt in accordance with Chapter 119. of the	3907
Revised Code rules containing criteria, procedures, and deadlines	3908
for processing applications for such approval, for oversight of	3909
sponsors, for revocation of the approval of sponsors, and for	3910
entering into written agreements with sponsors. The rules shall	3911
require an entity to submit evidence of the entity's ability and	3912
willingness to comply with the provisions of division (D) of	3913
section 3314.03 of the Revised Code. The rules also shall require	3914
entities approved as sponsors on and after June 30, 2005, to	3915
demonstrate a record of financial responsibility and successful	3916
implementation of educational programs. If an entity seeking	3917
approval on or after June 30, 2005, to sponsor community schools	3918
in this state sponsors or operates schools in another state, at	3919
least one of the schools sponsored or operated by the entity must	3920
be comparable to or better than the performance of Ohio schools in	3921
need of continuous improvement under section 3302.03 of the	3922
Revised Code, as determined by the department.	3923

Subject to section 3314.016 of the Revised Code, an entity	3924
that sponsors community schools may enter into preliminary	3925
agreements and sponsor up to one hundred schools, provided each	3926
school and the contract for sponsorship meets the requirements of	3927
this chapter.	3928

(2) The ~~department~~state board of education shall determine,	3929
pursuant to criteria ~~adopted by rule of the department~~specified	3930
in rules adopted in accordance with Chapter 119. of the Revised	3931
Code, whether the mission proposed to be specified in the contract	3932
of a community school to be sponsored by a state university board	3933
of trustees or the board's designee under division (C)(1)(e) of	3934
section 3314.02 of the Revised Code complies with the requirements	3935
of that division. Such determination of the ~~department~~state	3936
board is final.	3937

(3) The ~~department~~state board of education shall determine,	3938
pursuant to criteria ~~adopted by rule of the department~~specified	3939
in rules adopted in accordance with Chapter 119. of the Revised	3940
Code, if any tax-exempt entity under section 501(c)(3) of the	3941
Internal Revenue Code that is proposed to be a sponsor of a	3942
community school is an education-oriented entity for purpose of	3943
satisfying the condition prescribed in division (C)(1)(f)(iii) of	3944
section 3314.02 of the Revised Code. Such determination of the	3945
~~department~~state board is final.	3946

(C) If at any time the state board of education finds that a	3947
sponsor is not in compliance or is no longer willing to comply	3948
with its contract with any community school or with the	3949
department's rules for sponsorship, the state board or designee	3950
shall conduct a hearing in accordance with Chapter 119. of the	3951
Revised Code on that matter. If after the hearing, the state board	3952
or designee has confirmed the original finding, the department of	3953
education may revoke the sponsor's approval to sponsor community	3954
schools. In that case, the department's office of Ohio school	3955
sponsorship, established under section 3314.029 of the Revised	3956
Code, may assume the sponsorship of any schools with which the	3957
sponsor has contracted until the earlier of the expiration of two	3958
school years or until a new sponsor as described in division	3959
(C)(1) of section 3314.02 of the Revised Code is secured by the	3960
school's governing authority. The office of Ohio school	3961
sponsorship may extend the term of the contract in the case of a	3962
school for which it has assumed sponsorship under this division as	3963
necessary to accommodate the term of the department's	3964
authorization to sponsor the school specified in this division.	3965
Community schools sponsored under this division shall not apply to	3966
the limit on directly authorized community schools under division	3967
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3968
in this division shall preclude a community school affected by	3969
this division from applying for sponsorship under that section.	3970

(D) The decision of the department to disapprove an entity	3971
for sponsorship of a community school or to revoke approval for	3972
such sponsorship under division (C) of this section, may be	3973
appealed by the entity in accordance with section 119.12 of the	3974
Revised Code.	3975

(E) The department shall adopt procedures for use by a	3976
community school governing authority and sponsor when the school	3977
permanently closes and ceases operation, which shall include at	3978
least procedures for data reporting to the department, handling of	3979
student records, distribution of assets in accordance with section	3980
3314.074 of the Revised Code, and other matters related to ceasing	3981
operation of the school.	3982

(F) In carrying out its duties under this chapter, the	3983
department shall not impose requirements on community schools or	3984
their sponsors that are not permitted by law or duly adopted	3985
rules.	3986

Sec. 3314.016. This section applies to any entity that	3987
sponsors a community school, regardless of whether section	3988
3314.021 or 3314.027 of the Revised Code exempts the entity from	3989
the requirement to be approved for sponsorship under divisions	3990
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3991
office of Ohio school sponsorship established under section	3992
3314.029 of the Revised Code shall be ~~ranked~~rated under division	3993
(B) of this section, but divisions (A) and (C) of this section do	3994
not apply to the office.	3995

(A) An entity that sponsors a community school shall be	3996
permitted to enter into contracts under section 3314.03 of the	3997
Revised Code to sponsor additional community schools only if the	3998
entity meets both of the following criteria:	3999

(1) The entity is in compliance with all provisions of this	4000
chapter requiring sponsors of community schools to report data or	4001
information to the department of education.	4002

(2) The entity is not ~~ranked in the lowest twenty per cent of~~	4003
~~community school sponsors on the ranking prescribed by~~rated as	4004
"ineffective" under division (B)(6) of this section.	4005

(B)(1) For purposes of this section, the department shall	4006
develop ~~a composite performance index score, as defined in section~~	4007
~~3302.01 of the Revised Code, that measures the academic~~and	4008
implement an evaluation system that rates each entity that	4009
sponsors a community school based on the following components:	4010

(a) Academic performance of students enrolled in community	4011
schools sponsored by the same entity;	4012

(b) Adherence by a sponsor to the quality practices	4013
prescribed by the department under division (B)(3) of this	4014
section. The department shall not include this measure in the	4015
sponsor evaluation rating system until the department prescribes	4016
quality practices and develops an instrument to measure adherence	4017
to those practices under division (B)(3) of this section.	4018

(c) Compliance with applicable laws and administrative rules	4019
by an entity that sponsors a community school.	4020

(2) In calculating an ~~entity's composite~~academic performance	4021
~~index score~~component, the department shall exclude all of the	4022
following:	4023

(a) All community schools that have been in operation for	4024
~~less~~not more than two full school years;	4025

(b) All community schools described in division (A)~~(3)~~(4)(b)	4026
of section 3314.35 of the Revised Code~~, but the department shall~~	4027
~~cease to exclude the schools described in division (A)(3)(a) of~~	4028
~~that section if those schools become subject to closure under~~	4029
~~division (D) of that section~~.	4030

(3) The department, in consultation with entities that	4031
sponsor community schools, shall prescribe quality practices for	4032
community school sponsors and develop an instrument to measure	4033
adherence to those quality practices. The quality practices shall	4034
be based on standards developed by the national association of	4035
charter school authorizers or any other nationally organized	4036
community school organization.	4037

(4)(a) The department may permit peer review of a sponsor's	4038
adherence to the quality practices prescribed under division	4039
(B)(3) of this section.	4040

(b) The department shall require individuals participating in	4041
peer review under division (B)(4)(a) of this section to complete	4042
training approved or established by the department.	4043

(c) The department may enter into an agreement with another	4044
entity to provide training to individuals conducting peer review	4045
of sponsors. Prior to entering into an agreement with an entity,	4046
the department shall review and approve of the entity's training	4047
program.	4048

(5) Not later than July 1, 2013, the state board of education	4049
shall adopt rules in accordance with Chapter 119. of the Revised	4050
Code prescribing standards for measuring compliance with	4051
applicable laws and rules under division (B)(1)(c) of this	4052
section.	4053

(6) The department annually shall ~~rank~~rate all entities that	4054
sponsor community schools ~~from highest to lowest according to the~~	4055
~~entities' composite performance index scores and~~as either	4056
"exemplary," "effective," or "ineffective," based on the	4057
components prescribed by division (B) of this section, where each	4058
component is weighted equally, except that entities sponsoring	4059
community schools for the first time may be assigned the rating of	4060
"emerging" for only the first two consecutive years.	4061

The department shall publish the ~~rankings~~ratings between	4062
the first day of October and the fifteenth day of October.	4063

(7)(a) Prior to the 2014-2015 school year, student academic	4064
performance prescribed under division (B)(1)(a) of this section	4065
shall not include student academic performance data from community	4066
schools that primarily serve students enrolled in a dropout	4067
prevention and recovery program as described in division (A)(4)(a)	4068
of section 3314.35 of the Revised Code.	4069

(b) For the 2014-2015 school year and each school year	4070
thereafter, student academic performance prescribed under division	4071
(B)(1)(a) of this section shall include student academic	4072
performance data from community schools that primarily serve	4073
students enrolled in a dropout prevention and recovery program.	4074

(C) If the governing authority of a community school enters	4075
into a contract with a sponsor prior to the date on which the	4076
sponsor is prohibited from sponsoring additional schools under	4077
division (A) of this section and the school has not opened for	4078
operation as of that date, that contract shall be void and the	4079
school shall not open until the governing authority secures a new	4080
sponsor by entering into a contract with the new sponsor under	4081
section 3314.03 of the Revised Code. However, the department's	4082
office of Ohio school sponsorship, established under section	4083
3314.029 of the Revised Code, may assume the sponsorship of the	4084
school until the earlier of the expiration of two school years or	4085
until a new sponsor is secured by the school's governing	4086
authority. A community school sponsored by the department under	4087
this division shall not be included when calculating the maximum	4088
number of directly authorized community schools permitted under	4089
division (A)(3) of section 3314.029 of the Revised Code.	4090

Sec. 3314.017. (A) The state board of education shall	4091
prescribe by rules, adopted in accordance with Chapter 119. of the	4092
Revised Code, an academic performance rating and report card	4093
system that satisfies the requirements of this section for	4094
community schools that primarily serve students enrolled in	4095
dropout prevention and recovery programs as described in division	4096
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	4097
lieu of the system prescribed under sections 3302.03 and 3314.012	4098
of the Revised Code beginning with the 2012-2013 school year. Each	4099
such school shall comply with the testing and reporting	4100
requirements of the system as prescribed by the state board.	4101

(B) Nothing in this section shall at any time relieve a	4102
school from its obligations under the "No Child Left Behind Act of	4103
2001" to make "adequate yearly progress," as both that act and	4104
that term are defined in section 3302.01 of the Revised Code, or a	4105
school's amenability to the provisions of section 3302.04 or	4106
3302.041 of the Revised Code. The department shall continue to	4107
report each school's performance as required by the act and to	4108
enforce applicable sanctions under section 3302.04 or 3302.041 of	4109
the Revised Code.	4110

(C) The rules adopted by the state board shall prescribe the	4111
following performance indicators for the rating and report card	4112
system required by this section:	4113

(1) Graduation rate for each of the following student	4114
cohorts:	4115

(a) The number of students who graduate in four years or less	4116
with a regular high school diploma divided by the number of	4117
students who form the adjusted cohort for the graduating class;	4118

(b) The number of students who graduate in five years with a	4119
regular high school diploma divided by the number of students who	4120
form the adjusted cohort for the four-year graduation rate;	4121

(c) The number of students who graduate in six years with a	4122
regular high school diploma divided by the number of students who	4123
form the adjusted cohort for the four-year graduation rate;	4124

(d) The number of students who graduate in seven years with a	4125
regular high school diploma divided by the number of students who	4126
form the adjusted cohort for the four-year graduation rate;	4127

(e) The number of students who graduate in eight years with a	4128
regular high school diploma divided by the number of students who	4129
form the adjusted cohort for the four-year graduation rate.	4130

(2) The percentage of twelfth-grade students currently	4131
enrolled in the school who have attained the designated passing	4132
score on all of the applicable state high school achievement	4133
assessments required under division (B)(1) or (2) of section	4134
3301.0710 of the Revised Code and other students enrolled in the	4135
school, regardless of grade level, who are within three months of	4136
their twenty-second birthday and have attained the designated	4137
passing score on all of the applicable state high school	4138
achievement assessments by their twenty-second birthday;	4139

(3) Annual measurable objectives as defined in section	4140
3302.01 of the Revised Code;	4141

(4) Growth in student achievement in reading, or mathematics,	4142
or both as measured by separate nationally norm-referenced	4143
assessments that have developed appropriate standards for students	4144
enrolled in dropout prevention and recovery programs, adopted or	4145
approved by the state board.	4146

(D)(1) The state board's rules shall prescribe the expected	4147
performance levels and benchmarks for each of the indicators	4148
prescribed by division (C) of this section based on the data	4149
gathered by the department under division (F) of this section.	4150
Based on a school's level of attainment or nonattainment of the	4151
expected performance levels and benchmarks for each of the	4152
indicators, the department shall rate each school in one of the	4153
following categories:	4154

(a) Exceeds standards;

4155

(b) Meets standards;

4156

4157

(2) The state board's rules shall establish all of the	4158
following:	4159

(a) Not later than June 30, 2013, performance levels and	4160
benchmarks for the indicators described in divisions (C)(1) to (3)	4161
of this section;	4162

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

4163

(i) Performance levels and benchmarks for the indicator	4164
described in division (C)(4) of this section;	4165

(ii) Standards for awarding a community school described in	4166
division (A)(4)(a) of section 3314.35 of the Revised Code an	4167
overall designation, which shall be calculated as follows:	4168

(I) Thirty per cent of the score shall be based on the	4169
indicators described in division (C)(1) of this section that are	4170
applicable to the school year for which the overall designation is	4171
granted.	4172

(II) Thirty per cent of the score shall be based on the	4173
indicators described in division (C)(4) of this section.	4174

(III) Twenty per cent of the score shall be based on the	4175
indicators described in division (C)(2) of this section.	4176

(IV) Twenty per cent of the score shall be based on the	4177
indicators described in division (C)(3) of this section.	4178

(3) If both of the indicators described in divisions (C)(1)	4179
and (2) of this section improve by ten per cent for two	4180
consecutive years, a school shall be rated as "meets standards."	4181

The rating and the relevant performance data for each school	4182
shall be posted on the department's web site, and a copy of the	4183
rating and data shall be provided to the governing authority of	4184
the community school.	4185

(E)(1) For the 2012-2013 school year, the department shall	4186
issue a report card including the following performance measures,	4187
but without a performance rating as described in divisions	4188
(D)(1)(a) to (c) of this section, for each community school	4189
described in division (A)(4)(a) of section 3314.35 of the Revised	4190
Code:	4191

(a) The graduation rates as described in divisions (C)(1)(a)	4192
to (c) of this section;	4193

(b) The percentage of twelfth-grade students and other	4194
students who have attained a designated passing score on high	4195
school achievement assessments as described in division (C)(2) of	4196
this section;	4197

(c) The statewide average for the graduation rates and	4198
assessment passage rates described in divisions (C)(1)(a) to (c)	4199
and (C)(2) of this section;	4200

(d) Annual measurable objectives described in division (C)(3)	4201
of this section.	4202

(2) For the 2013-2014 school year, the department shall issue	4203
a report card including the following performance measures for	4204
each community school described in division (A)(4) of section	4205
3314.35 of the Revised Code:	4206

(a) The graduation rates described in divisions (C)(1)(a) to	4207
(d) of this section, including a performance rating as described	4208
in divisions (D)(1)(a) to (c) of this section;	4209

(b) The percentage of twelfth-grade students and other	4210
students who have attained a designated passing score on high	4211
school achievement assessments as described in division (C)(2) of	4212
this section, including a performance rating as described in	4213
divisions (D)(1)(a) to (c) of this section;	4214

(c) Annual measurable objectives described in division (C)(3)	4215
of this section, including a performance rating as described in	4216
divisions (D)(1)(a) to (c) of this section;	4217

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

4218

(i) Growth in annual student achievement in reading and	4219
mathematics described in division (C)(4) of this section, if	4220
available;	4221

(ii) Student outcome data, including postsecondary credit	4222
earned, nationally recognized career or technical certification,	4223
military enlistment, job placement, and attendance rate.	4224

(3) Beginning with the 2014-2015 school year, and annually	4225
thereafter, the department shall issue a report card for each	4226
community school described in division (A)(4)(a) of section	4227
3314.35 of the Revised Code that includes all of the following	4228
performance measures, including a performance rating for each	4229
measure as described in divisions (D)(1)(a) to (c) of this	4230
section:	4231

(a) The graduation rates as described in division (C)(1) of	4232
this section;	4233

(b) The percentage of twelfth-grade students and other	4234
students who have attained a designated passing score on high	4235
school achievement assessments as described in division (C)(2) of	4236
this section;	4237

(c) Annual measurable objectives described in division (C)(3)	4238
of this section, including a performance rating as described in	4239
divisions (D)(1)(a) to (c) of this section;	4240

(d) Growth in annual student achievement in reading and	4241
mathematics as described in division (C)(4) of this section;	4242

(e) An overall performance designation for the school	4243
calculated under rules adopted under division (D)(2) of this	4244
section.	4245

The department shall also include student outcome data,	4246
including postsecondary credit earned, nationally recognized	4247
career or technical certification, military enlistment, job	4248
placement, attendance rate, and progress on closing achievement	4249
gaps for each school. This information shall not be included in	4250
the calculation of a school's performance rating.	4251

(F) In developing the rating and report card system required	4252
by this section, during the 2012-2013 and 2013-2014 school years,	4253
the department shall gather and analyze data as determined	4254
necessary from each community school described in division	4255
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	4256
shall cooperate with the department by supplying requested data	4257
and administering required assessments, including sample	4258
assessments for purposes of measuring student achievement growth	4259
as described in division (C)(4) of this section. The department	4260
shall consult with stakeholder groups in performing its duties	4261
under this division.	4262

The department shall also identify one or more states that	4263
have established or are in the process of establishing similar	4264
academic performance rating systems for dropout prevention and	4265
recovery programs and consult with the departments of education of	4266
those states in developing the system required by this section.	4267

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

4268

(1) "Sponsor" means the board of education of a school	4269
district or the governing board of an educational service center	4270
that agrees to the conversion of all or part of a school or	4271
building under division (B) of this section, or an entity listed	4272
in division (C)(1) of this section, which either has been approved	4273
by the department of education to sponsor community schools or is	4274
exempted by section 3314.021 or 3314.027 of the Revised Code from	4275
obtaining approval, and with which the governing authority of a	4276
community school enters into a contract under section 3314.03 of	4277
the Revised Code.	4278

(2) "Pilot project area" means the school districts included	4279
in the territory of the former community school pilot project	4280
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	4281
the 122nd general assembly.	4282

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

4283

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

4284

(b) A school district that ~~is either~~meets one of the	4285
following conditions:	4286

(i) On the effective date of this amendment, the district was	4287
in a state of academic emergency or in a state of academic watch	4288
under section 3302.03 of the Revised Code, as that section existed	4289
prior to the effective date of this amendment;	4290

(ii) For two of the 2012-2013, 2013-2014, and 2014-2015	4291
school years, the district received a grade of "D" or "F" for the	4292
performance index score and a grade of "F" for the value-added	4293
progress dimension under section 3302.03 of the Revised Code;	4294

(iii) For the 2015-2016 school year and for any school year	4295
thereafter, the district has received an overall grade of "D" or	4296
"F" under division (C)(3) of section 3302.03 of the Revised Code,	4297
or, for at least two of the three most recent school years, the	4298
district received a grade of "F" for the value-added progress	4299
dimension under division (C)(1)(e) of that section.	4300

4301

(d) A school district ranked in the lowest five per cent of	4302
school districts according to performance index score under	4303
section 3302.21 of the Revised Code.	4304

(4) "Big eight school district" means a school district that	4305
for fiscal year 1997 had both of the following:	4306

(a) A percentage of children residing in the district and	4307
participating in the predecessor of Ohio works first greater than	4308
thirty per cent, as reported pursuant to section 3317.10 of the	4309
Revised Code;	4310

(b) An average daily membership greater than twelve thousand,	4311
as reported pursuant to former division (A) of section 3317.03 of	4312
the Revised Code.	4313

(5) "New start-up school" means a community school other than	4314
one created by converting all or part of an existing public school	4315
or educational service center building, as designated in the	4316
school's contract pursuant to division (A)(17) of section 3314.03	4317
of the Revised Code.	4318

(6) "Urban school district" means one of the state's	4319
twenty-one urban school districts as defined in division (O) of	4320
section 3317.02 of the Revised Code as that section existed prior	4321
to July 1, 1998.	4322

(7) "Internet- or computer-based community school" means a	4323
community school established under this chapter in which the	4324
enrolled students work primarily from their residences on	4325
assignments in nonclassroom-based learning opportunities provided	4326
via an internet- or other computer-based instructional method that	4327
does not rely on regular classroom instruction or via	4328
comprehensive instructional methods that include internet-based,	4329
other computer-based, and noncomputer-based learning	4330
opportunities.	4331

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

4332

(a) An individual or organization that manages the daily	4333
operations of a community school pursuant to a contract between	4334
the operator and the school's governing authority;	4335

(b) A nonprofit organization that provides programmatic	4336
oversight and support to a community school under a contract with	4337
the school's governing authority and that retains the right to	4338
terminate its affiliation with the school if the school fails to	4339
meet the organization's quality standards.	4340

(B) Any person or group of individuals may initially propose	4341
under this division the conversion of all or a portion of a public	4342
school or a building operated by an educational service center to	4343
a community school. The proposal shall be made to the board of	4344
education of the city, local, exempted village, or joint	4345
vocational school district in which the public school is proposed	4346
to be converted or, in the case of the conversion of a building	4347
operated by an educational service center, to the governing board	4348
of the service center. Upon receipt of a proposal, a board may	4349
enter into a preliminary agreement with the person or group	4350
proposing the conversion of the public school or service center	4351
building, indicating the intention of the board to support the	4352
conversion to a community school. A proposing person or group that	4353
has a preliminary agreement under this division may proceed to	4354
finalize plans for the school, establish a governing authority for	4355
the school, and negotiate a contract with the board. Provided the	4356
proposing person or group adheres to the preliminary agreement and	4357
all provisions of this chapter, the board shall negotiate in good	4358
faith to enter into a contract in accordance with section 3314.03	4359
of the Revised Code and division (C) of this section.	4360

(C)(1) Any person or group of individuals may propose under	4361
this division the establishment of a new start-up school to be	4362
located in a challenged school district. The proposal may be made	4363
to any of the following entities:	4364

(a) The board of education of the district in which the	4365
school is proposed to be located;	4366

(b) The board of education of any joint vocational school	4367
district with territory in the county in which is located the	4368
majority of the territory of the district in which the school is	4369
proposed to be located;	4370

(c) The board of education of any other city, local, or	4371
exempted village school district having territory in the same	4372
county where the district in which the school is proposed to be	4373
located has the major portion of its territory;	4374

(d) The governing board of any educational service center, as	4375
long as the proposed school will be located in a county within the	4376
territory of the service center or in a county contiguous to such	4377
county;. However, the governing board of an educational service	4378
center may sponsor a new start-up school in any challenged school	4379
district in the state if all of the following are satisfied:	4380

(i) If applicable, it satisfies the requirements of division	4381
(E) of section 3311.86 of the Revised Code;	4382

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

4383

(iii) It enters into an agreement with the department under	4384
section 3314.015 of the Revised Code.	4385

(e) A sponsoring authority designated by the board of	4386
trustees of any of the thirteen state universities listed in	4387
section 3345.011 of the Revised Code or the board of trustees	4388
itself as long as a mission of the proposed school to be specified	4389
in the contract under division (A)(2) of section 3314.03 of the	4390
Revised Code and as approved by the department ~~of education~~ under	4391
division (B)(2) of section 3314.015 of the Revised Code will be	4392
the practical demonstration of teaching methods, educational	4393
technology, or other teaching practices that are included in the	4394
curriculum of the university's teacher preparation program	4395
approved by the state board of education;	4396

(f) Any qualified tax-exempt entity under section 501(c)(3)	4397
of the Internal Revenue Code as long as all of the following	4398
conditions are satisfied:	4399

(i) The entity has been in operation for at least five years	4400
prior to applying to be a community school sponsor.	4401

(ii) The entity has assets of at least five hundred thousand	4402
dollars and a demonstrated record of financial responsibility.	4403

(iii) The department ~~of education~~ has determined that the	4404
entity is an education-oriented entity under division (B)(3) of	4405
section 3314.015 of the Revised Code and the entity has a	4406
demonstrated record of successful implementation of educational	4407
programs.	4408

(iv) The entity is not a community school.

4409

Any entity described in division (C)(1) of this section may	4410
enter into a preliminary agreement pursuant to division (C)(2) of	4411
this section with the proposing person or group.	4412

(2) A preliminary agreement indicates the intention of an	4413
entity described in division (C)(1) of this section to sponsor the	4414
community school. A proposing person or group that has such a	4415
preliminary agreement may proceed to finalize plans for the	4416
school, establish a governing authority as described in division	4417
(E) of this section for the school, and negotiate a contract with	4418
the entity. Provided the proposing person or group adheres to the	4419
preliminary agreement and all provisions of this chapter, the	4420
entity shall negotiate in good faith to enter into a contract in	4421
accordance with section 3314.03 of the Revised Code.	4422

(3) A new start-up school that is established in a school	4423
district ~~while that district is either in a state of academic~~	4424
~~emergency or in a state of academic watch under section 3302.03 of~~	4425
~~the Revised Code or ranked in the lowest five per cent according~~	4426
~~to performance index score under section 3302.21 of the Revised~~	4427
~~Code~~described in either division (A)(3)(b) or (d) of this section	4428
may continue in existence once the school district is no longer in	4429
~~a state of academic emergency or academic watch or ranked in the~~	4430
~~lowest five per cent according to performance index score~~meets	4431
the conditions described in either division, provided there is a	4432
valid contract between the school and a sponsor.	4433

(4) A copy of every preliminary agreement entered into under	4434
this division shall be filed with the superintendent of public	4435
instruction.	4436

(D) A majority vote of the board of a sponsoring entity and a	4437
majority vote of the members of the governing authority of a	4438
community school shall be required to adopt a contract and convert	4439
the public school or educational service center building to a	4440
community school or establish the new start-up school. Beginning	4441
September 29, 2005, adoption of the contract shall occur not later	4442
than the fifteenth day of March, and signing of the contract shall	4443
occur not later than the fifteenth day of May, prior to the school	4444
year in which the school will open. The governing authority shall	4445
notify the department of education when the contract has been	4446
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4447
Code, an unlimited number of community schools may be established	4448
in any school district provided that a contract is entered into	4449
for each community school pursuant to this chapter.	4450

(E)(1) As used in this division, "immediate relatives" are	4451
limited to spouses, children, parents, grandparents, siblings, and	4452
in-laws.	4453

Each new start-up community school established under this	4454
chapter shall be under the direction of a governing authority	4455
which shall consist of a board of not less than five individuals.	4456

No person shall serve on the governing authority or operate	4457
the community school under contract with the governing authority	4458
so long as the person owes the state any money or is in a dispute	4459
over whether the person owes the state any money concerning the	4460
operation of a community school that has closed.	4461

(2) No person shall serve on the governing authorities of	4462
more than five start-up community schools at the same time.	4463

(3) No present or former member, or immediate relative of a	4464
present or former member, of the governing authority of any	4465
community school established under this chapter shall be an owner,	4466
employee, or consultant of any sponsor or operator of a community	4467
school, unless at least one year has elapsed since the conclusion	4468
of the person's membership.	4469

(4) The governing authority of a start-up community school	4470
may provide by resolution for the compensation of its members.	4471
However, no individual who serves on the governing authority of a	4472
start-up community school shall be compensated more than four	4473
hundred twenty-five dollars per meeting of that governing	4474
authority and no such individual shall be compensated more than a	4475
total amount of five thousand dollars per year for all governing	4476
authorities upon which the individual serves.	4477

(F)(1) A new start-up school that is established prior to	4478
August 15, 2003, in an urban school district that is not also a	4479
big-eight school district may continue to operate after that date	4480
and the contract between the school's governing authority and the	4481
school's sponsor may be renewed, as provided under this chapter,	4482
after that date, but no additional new start-up schools may be	4483
established in such a district unless the district is a challenged	4484
school district as defined in this section as it exists on and	4485
after that date.	4486

(2) A community school that was established prior to June 29,	4487
1999, and is located in a county contiguous to the pilot project	4488
area and in a school district that is not a challenged school	4489
district may continue to operate after that date, provided the	4490
school complies with all provisions of this chapter. The contract	4491
between the school's governing authority and the school's sponsor	4492
may be renewed, but no additional start-up community school may be	4493
established in that district unless the district is a challenged	4494
school district.	4495

(3) Any educational service center that, on June 30, 2007,	4496
sponsors a community school that is not located in a county within	4497
the territory of the service center or in a county contiguous to	4498
such county may continue to sponsor that community school on and	4499
after June 30, 2007, and may renew its contract with the school.	4500
However, the educational service center shall not enter into a	4501
contract with any additional community school, unless the school	4502
is located in a county within the territory of the service center	4503
or in a county contiguous to such county, or unless the governing	4504
board of the service center has entered into an agreement with the	4505
department authorizing the service center to sponsor a community	4506
school in any challenged school district in the state.	4507

Sec. 3314.05. (A) The contract between the community school	4508
and the sponsor shall specify the facilities to be used for the	4509
community school and the method of acquisition. Except as provided	4510
in divisions (B)(3) and (4) of this section, no community school	4511
shall be established in more than one school district under the	4512
same contract.	4513

(B) Division (B) of this section shall not apply to internet-	4514
or computer-based community schools.	4515

(1) A community school may be located in multiple facilities	4516
under the same contract only if the limitations on availability of	4517
space prohibit serving all the grade levels specified in the	4518
contract in a single facility or division (B)(2), (3), or (4) of	4519
this section applies to the school. The school shall not offer the	4520
same grade level classrooms in more than one facility.	4521

(2) A community school may be located in multiple facilities	4522
under the same contract and, notwithstanding division (B)(1) of	4523
this section, may assign students in the same grade level to	4524
multiple facilities, as long as all of the following apply:	4525

(a) The governing authority of the community school filed a	4526
copy of its contract with the school's sponsor under section	4527
3314.03 of the Revised Code with the superintendent of public	4528
instruction on or before May 15, 2008.	4529

(b) The school was not open for operation prior to July 1,	4530
2008.	4531

(c) The governing authority has entered into and maintains a	4532
contract with an operator of the type described in division	4533
(A)(8)(b) of section 3314.02 of the Revised Code.	4534

(d) The contract with that operator qualified the school to	4535
be established pursuant to division (A) of former section 3314.016	4536
of the Revised Code.	4537

(e) The school's rating under section 3302.03 of the Revised	4538
Code does not fall below ~~"in need of continuous improvement"~~a	4539
combination of any of the following for two or more consecutive	4540
years:	4541

(i) A rating of "in need of continuous improvement" under	4542
section 3302.03 of the Revised Code, as that section existed prior	4543
to the effective date of this section;	4544

(ii) For the 2012-2013 and 2013-2014 school years, a rating	4545
of "C" for both the performance index score under division	4546
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	4547
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	4548
Code; or if the building serves only grades ten through twelve,	4549
the building received a grade of "C" for the performance index	4550
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	4551
the Revised Code;	4552

(iii) For the 2014-2015 school year and for any school year	4553
thereafter, an overall grade of "C" under division (C)(3) of	4554
section 3302.03 of the Revised Code or an overall performance	4555
designation of "meets standards" under division (E)(3)(e) of	4556
section 3314.017 of the Revised Code.	4557

(3) A new start-up community school may be established in two	4558
school districts under the same contract if all of the following	4559
apply:	4560

(a) At least one of the school districts in which the school	4561
is established is a challenged school district;	4562

(b) The school operates not more than one facility in each	4563
school district and, in accordance with division (B)(1) of this	4564
section, the school does not offer the same grade level classrooms	4565
in both facilities; and	4566

(c) Transportation between the two facilities does not	4567
require more than thirty minutes of direct travel time as measured	4568
by school bus.	4569

In the case of a community school to which division (B)(3) of	4570
this section applies, if only one of the school districts in which	4571
the school is established is a challenged school district, that	4572
district shall be considered the school's primary location and the	4573
district in which the school is located for the purposes of	4574
division (A)(19) of section 3314.03 and divisions (C) and (H) of	4575
section 3314.06 of the Revised Code and for all other purposes of	4576
this chapter. If both of the school districts in which the school	4577
is established are challenged school districts, the school's	4578
governing authority shall designate one of those districts to be	4579
considered the school's primary location and the district in which	4580
the school is located for the purposes of those divisions and all	4581
other purposes of this chapter and shall notify the department of	4582
education of that designation.	4583

(4) A community school may be located in multiple facilities	4584
under the same contract and, notwithstanding division (B)(1) of	4585
this section, may assign students in the same grade level to	4586
multiple facilities, as long as both of the following apply:	4587

(a) The facilities are all located in the same county.

4588

(b) ~~The governing authority has entered into and maintains a~~	4589
~~contract with an operator~~Either of the following conditions are	4590
satisfied:	4591

(i) The community school is sponsored by a board of education	4592
of a city, local, or exempted village school district having	4593
territory in the same county where the facilities of the community	4594
school are located;	4595

(ii) The community school is managed by an operator.

4596

In the case of a community school to which division (B)(4) of	4597
this section applies and that maintains facilities in more than	4598
one school district, the school's governing authority shall	4599
designate one of those districts to be considered the school's	4600
primary location and the district in which the school is located	4601
for the purposes of division (A)(19) of section 3314.03 and	4602
divisions (C) and (H) of section 3314.06 of the Revised Code and	4603
for all other purposes of this chapter and shall notify the	4604
department of that designation.	4605

(5) Any facility used for a community school shall meet all	4606
health and safety standards established by law for school	4607
buildings.	4608

(C) In the case where a community school is proposed to be	4609
located in a facility owned by a school district or educational	4610
service center, the facility may not be used for such community	4611
school unless the district or service center board owning the	4612
facility enters into an agreement for the community school to	4613
utilize the facility. Use of the facility may be under any terms	4614
and conditions agreed to by the district or service center board	4615
and the school.	4616

(D) Two or more separate community schools may be located in	4617
the same facility.	4618

(E) In the case of a community school that is located in	4619
multiple facilities, beginning July 1, 2012, the department shall	4620
assign a unique identification number to the school and to each	4621
facility maintained by the school. Each number shall be used for	4622
identification purposes only. Nothing in this division shall be	4623
construed to require the department to calculate the amount of	4624
funds paid under this chapter, or to compute any data required for	4625
the report cards issued under section 3314.012 of the Revised	4626
Code, for each facility separately. The department shall make all	4627
such calculations or computations for the school as a whole.	4628

Sec. 3314.35. (A)(1) Except as provided in division	4629
(A)~~(3)~~(4) of this section, this section applies to any community	4630
school that meets one of the following criteria after July 1,	4631
2009, but before July 1, 2011:	4632

(a) The school does not offer a grade level higher than three	4633
and has been declared to be in a state of academic emergency under	4634
section 3302.03 of the Revised Code for three of the four most	4635
recent school years.	4636

(b) The school satisfies all of the following conditions:

4637

(i) The school offers any of grade levels four to eight but	4638
does not offer a grade level higher than nine.	4639

(ii) The school has been declared to be in a state of	4640
academic emergency under section 3302.03 of the Revised Code for	4641
two of the three most recent school years.	4642

(iii) In at least two of the three most recent school years,	4643
the school showed less than one standard year of academic growth	4644
in either reading or mathematics, as determined by the department	4645
of education in accordance with rules adopted under division (A)	4646
of section 3302.021 of the Revised Code.	4647

(c) The school offers any of grade levels ten to twelve and	4648
has been declared to be in a state of academic emergency under	4649
section 3302.03 of the Revised Code for three of the four most	4650
recent school years.	4651

(2) Except as provided in division (A)~~(3)~~(4) of this section,	4652
this section applies to any community school that meets one of the	4653
following criteria after July 1, 2011, but before July 1, 2013:	4654

(a) The school does not offer a grade level higher than three	4655
and has been declared to be in a state of academic emergency under	4656
section 3302.03 of the Revised Code for two of the three most	4657
recent school years.	4658

(b) The school satisfies all of the following conditions:

4659

(i) The school offers any of grade levels four to eight but	4660
does not offer a grade level higher than nine.	4661

(ii) The school has been declared to be in a state of	4662
academic emergency under section 3302.03 of the Revised Code for	4663
two of the three most recent school years.	4664

(iii) In at least two of the three most recent school years,	4665
the school showed less than one standard year of academic growth	4666
in either reading or mathematics, as determined by the department	4667
in accordance with rules adopted under division (A) of section	4668
3302.021 of the Revised Code.	4669

(c) The school offers any of grade levels ten to twelve and	4670
has been declared to be in a state of academic emergency under	4671
section 3302.03 of the Revised Code for two of the three most	4672
recent school years.	4673

(3) Except as provided in division (A)(4) of this section,	4674
this section applies to any community school that meets one of the	4675
following criteria on or after July 1, 2013:	4676

(a) The school does not offer a grade level higher than three	4677
and, for two of the three most recent school years, satisfies any	4678
of the following criteria:	4679

(i) The school has been declared to be in a state of academic	4680
emergency under section 3302.03 of the Revised Code, as it existed	4681
prior to the effective date of this amendment;	4682

(ii) The school has received a grade of "F" in improving	4683
literacy in grades kindergarten through three under division	4684
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	4685

(iii) The school has received an overall grade of "F" under	4686
division (C) of section 3302.03 of the Revised Code.	4687

(b) The school offers any of grade levels four to eight but	4688
does not offer a grade level higher than nine and, for two of the	4689
three most recent school years, satisfies any of the following	4690
criteria:	4691

(i) The school has been declared to be in a state of academic	4692
emergency under section 3302.03 of the Revised Code, as it existed	4693
prior to the effective date of this amendment;	4694

(ii) The school has received a grade of "F" for the	4695
performance index score under division (A)(1)(b), (B)(1)(b), or	4696
(C)(1)(b) and a grade of "F" for the value-added progress	4697
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	4698
section 3302.03 of the Revised Code;	4699

(iii) The school has received an overall grade of "F" under	4700
division (C) and a grade of "F" for the value-added progress	4701
dimension under division (C)(1)(e) of section 3302.03 of the	4702
Revised Code.	4703

(c) The school offers any of grade levels ten to twelve and,	4704
for two of the three most recent school years, satisfies any of	4705
the following criteria:	4706

(i) The school has been declared to be in a state of academic	4707
emergency under section 3302.03 of the Revised Code, as it existed	4708
prior to the effective date of this amendment;	4709

(ii) The school has received a grade of "F" for the	4710
performance index score under division (A)(1)(b), (B)(1)(b), or	4711
(C)(1)(b) and has not met annual measurable objectives under	4712
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	4713
the Revised Code;	4714

(iii) The school has received an overall grade of "F" under	4715
division (C) and a grade of "F" for the value-added progress	4716
dimension under division (C)(1)(e) of section 3302.03 of the	4717
Revised Code.	4718

For purposes of division (A)(3) of this section only, the	4719
value-added progress dimension for a community school shall be	4720
calculated using assessment scores for only those students to whom	4721
the school has administered the achievement assessments prescribed	4722
by section 3301.0710 of the Revised Code for at least the two most	4723
recent school years.	4724

(4) This section does not apply to either of the following:

4725

(a) Any community school in which a majority of the students	4726
are enrolled in a dropout prevention and recovery program that is	4727
operated by the school ~~and that has been granted a waiver under~~	4728
~~section 3314.36 of the Revised Code;~~. Rather, such schools shall	4729
be subject to closure only as provided in section 3314.351 of the	4730
Revised Code. However, prior to July 1, 2014, a community school	4731
in which a majority of the students are enrolled in a dropout	4732
prevention and recovery program shall be exempt from this section	4733
only if it has been granted a waiver under section 3314.36 of the	4734
Revised Code.	4735

(b) Any community school in which a majority of the enrolled	4736
students are children with disabilities receiving special	4737
education and related services in accordance with Chapter 3323. of	4738
the Revised Code.	4739

(B) Any community school to which this section applies shall	4740
permanently close at the conclusion of the school year in which	4741
the school first becomes subject to this section. The sponsor and	4742
governing authority of the school shall comply with all procedures	4743
for closing a community school adopted by the department under	4744
division (E) of section 3314.015 of the Revised Code. The	4745
governing authority of the school shall not enter into a contract	4746
with any other sponsor under section 3314.03 of the Revised Code	4747
after the school closes.	4748

(C) In accordance with division (B) of section 3314.012 of	4749
the Revised Code, the department shall not consider the	4750
performance ratings assigned to a community school for its first	4751
two years of operation when determining whether the school meets	4752
the criteria prescribed by division (A)(1) or (2) of this section.	4753

~~(D) Notwithstanding division (A)(3)(a) of this section, if,~~	4754
~~by March 31, 2013, the general assembly does not enact for~~	4755
~~community schools described in that division performance~~	4756
~~standards, a report card rating system, and criteria for closure,~~	4757
~~those schools shall be required to permanently close upon meeting~~	4758
~~the criteria prescribed in division (A)(2) of this section, except~~	4759
~~that, subject to division (C) of this section, only the~~	4760
~~performance ratings issued for the 2012-2013 school year and later~~	4761
~~shall count in determining if the criteria are met.~~	4762

Sec. 3314.351. (A) This section applies to any community	4763
school in which a majority of the students are enrolled in a	4764
dropout prevention and recovery program. Beginning on or after	4765
July 1, 2014, any such community school that has received a	4766
designation of "does not meet standards," as described in division	4767
(D)(1) of section 3314.017 of the Revised Code on the report card	4768
issued under that section, for at least two of the three most	4769
recent school years shall be subject to closure in accordance with	4770
this section.	4771

(B) Not later than the first day of September in each school	4772
year, the department of education shall notify each school subject	4773
to closure under this section that the school must close not later	4774
than the thirtieth day of the following June.	4775

A school so notified shall close as required.

4776

(C) A school that opens on or after July 1, 2014, shall not	4777
be subject to closure under this section for its first two years	4778
of operation. A school that is in operation prior to July 1, 2014,	4779
shall not be subject to closure under this section until after	4780
August 31, 2016.	4781

(D) The sponsor and governing authority of the school shall	4782
comply with all procedures for closing a community school adopted	4783
by the department under division (E) of section 3314.015 of the	4784
Revised Code. The governing authority of the school shall not	4785
enter into a contract with any other sponsor under section 3314.03	4786
of the Revised Code after the school closes.	4787

Sec. 3314.36. (A) ~~Except as otherwise provided in division~~	4788
~~(D) of section~~Section 3314.35 of the Revised Code~~, that section~~	4789
does not apply to any community school in which a majority of the	4790
students are enrolled in a dropout prevention and recovery program	4791
that is operated by the school and that has been granted a waiver	4792
by the department of education. ~~The~~Until June 30, 2014, the	4793
department shall grant a waiver to a dropout prevention and	4794
recovery program, within sixty days after the program applies for	4795
the waiver, if the program meets all of the following conditions:	4796

(1) The program serves only students not younger than sixteen	4797
years of age and not older than twenty-one years of age.	4798

(2) The program enrolls students who, at the time of their	4799
initial enrollment, either, or both, are at least one grade level	4800
behind their cohort age groups or experience crises that	4801
significantly interfere with their academic progress such that	4802
they are prevented from continuing their traditional programs.	4803

(3) The program requires students to attain at least the	4804
applicable score designated for each of the assessments prescribed	4805
under division (B)(1) of section 3301.0710 of the Revised Code or,	4806
to the extent prescribed by rule of the state board of education	4807
under division (D)(6) of section 3301.0712 of the Revised Code,	4808
division (B)(2) of that section.	4809

(4) The program develops an individual career plan for the	4810
student that specifies the student's matriculating to a two-year	4811
degree program, acquiring a business and industry credential, or	4812
entering an apprenticeship.	4813

(5) The program provides counseling and support for the	4814
student related to the plan developed under division (A)(4) of	4815
this section during the remainder of the student's high school	4816
experience.	4817

(6) Prior to receiving the waiver, the program has submitted	4818
to the department an instructional plan that demonstrates how the	4819
academic content standards adopted by the state board of education	4820
under section 3301.079 of the Revised Code will be taught and	4821
assessed.	4822

If the department does not act either to grant the waiver or	4823
to reject the program application for the waiver within sixty days	4824
as required under this section, the waiver shall be considered to	4825
be granted.	4826

(B) Notwithstanding division (A) of this section, the	4827
department shall not grant a waiver to any community school that	4828
did not qualify for a waiver under this section when it initially	4829
began operations, unless the state board of education approves the	4830
waiver.	4831

(C) Beginning on July 1, 2014, all community schools in which	4832
a majority of the students are enrolled in a dropout prevention	4833
and recovery program are subject to the provisions of section	4834
3314.351 of the Revised Code, regardless of whether a waiver has	4835
been granted under this section. Thereafter, no waivers shall be	4836
granted under this section.	4837

Sec. 3314.361. Notwithstanding anything to the contrary in	4838
this chapter, a community school that operates a drug recovery	4839
program in cooperation with a court shall be considered a dropout	4840
prevention and recovery program for purposes of this chapter,	4841
regardless of the ages of students or grade levels served by the	4842
school.	4843

Sec. 3314.37. (A) A five-year demonstration project is hereby	4844
established at the community schools known as the ISUS institutes.	4845
The project is a research and development initiative to collect	4846
and analyze data with which to improve dropout prevention and	4847
recovery programs, to evaluate various methodologies employed in	4848
those programs, to develop tools and criteria for evaluating	4849
community schools that operate dropout prevention and recovery	4850
programs, to institute stringent accountability measures for such	4851
community schools, and to direct curricular and programming	4852
decisions for such community schools. The program shall begin with	4853
the 2008-2009 school year and shall operate through the 2012-2013	4854
school year.	4855

(B) Under the demonstration project, the ISUS institutes	4856
shall select and pay the costs of an independent evaluator to	4857
create a study plan and collect and analyze data from the	4858
institutes. The ISUS institutes' selection of the independent	4859
evaluator is subject to the approval of the department of	4860
education. The data collected by the evaluator shall include, but	4861
need not be limited to, the following:	4862

(1) Baseline measures of student status at enrollment,	4863
including academic level; history of court involvement, drug use,	4864
and other behavioral problems; and the circumstances of the	4865
students' parenting and living arrangements;	4866

(2) Student academic progress, measured at multiple and	4867
regular intervals each school year;	4868

(3) Value-added elements of the institutes' dropout	4869
prevention and recovery programs, including industry	4870
certifications, college coursework, community service and service	4871
learning, apprenticeships, and internships;	4872

(4) Outcomes in addition to high school graduation, including	4873
students' contributions to community service and students'	4874
transitions to employment, post-secondary training, college, or	4875
the military.	4876

(C) Not later than the thirtieth day of September following	4877
each school year in which the demonstration project is operating,	4878
the independent evaluator shall do both of the following:	4879

(1) Submit to the ISUS institutes and the department all data	4880
collected and a report of its data analysis;	4881

(2) Submit a report of its data analysis to the speaker and	4882
minority leader of the house of representatives, the president and	4883
minority leader of the senate, and the chairpersons and ranking	4884
minority members of the standing committees of the house of	4885
representatives and the senate that consider education	4886
legislation.	4887

(D) For each school year in which the demonstration project	4888
is operating:	4889

(1) The ISUS institutes shall continue to report data through	4890
the education management information system under section 3314.17	4891
of the Revised Code.	4892

(2) The department shall continue to issue annual report	4893
cards for the ISUS institutes under section 3314.012 of the	4894
Revised Code and shall continue to assign them performance ratings	4895
under ~~division (B) of~~ section 3302.03 of the Revised Code.	4896

(E) Nothing in this section prevents the application to the	4897
ISUS institutes, during the demonstration project, of any	4898
provision of the Revised Code or rule or policy of the department	4899
or the state board of education requiring closure, or otherwise	4900
restricting the operation, of a community school based on measures	4901
of academic performance for any school year before or during the	4902
demonstration project. Nothing in this section prevents a sponsor	4903
of an ISUS institute from terminating or not renewing its contract	4904
with the school, from suspending the operations of the school, or	4905
from placing the school on probationary status, in accordance with	4906
this chapter, during the demonstration project. Nothing in this	4907
section prevents the auditor of state from taking action against	4908
an ISUS institute under Chapter 117. of the Revised Code or other	4909
applicable law during the demonstration project.	4910

(F) The department may conduct its own analysis of data	4911
submitted under the demonstration project.	4912

(G) Not later than December 31, 2013, the independent	4913
evaluator shall issue a final report of its findings and analysis	4914
and its recommendations for appropriate academic accountability	4915
measures for community schools that operate dropout prevention and	4916
recovery programs. The independent evaluator shall submit the	4917
report to the department, the speaker and minority leader of the	4918
house of representatives, the president and minority leader of the	4919
senate, and the chairpersons and ranking minority members of the	4920
standing committees of the house of representatives and the senate	4921
that consider education legislation.	4922

Sec. 3317.081. (A) Tuition shall be computed in accordance	4923
with this section if:	4924

(1) The tuition is required by division (C)(3)(b) of section	4925
3313.64 of the Revised Code; or	4926

(2) Neither the child nor the child's parent resides in this	4927
state and tuition is required by section 3327.06 of the Revised	4928
Code.	4929

(B) Tuition computed in accordance with this section shall	4930
equal the attendance district's tuition rate computed under	4931
section 3317.08 of the Revised Code plus the amount in state	4932
education aid, as defined in section 3317.02 of the Revised Code,	4933
that district would have received for the child during the school	4934
year had the attendance district been authorized to count the	4935
child in its formula ADM for that school year under section	4936
3317.03 of the Revised Code.	4937

Sec. 3319.11. (A) As used in this section:

4938

(1) "Evaluation procedures" means the procedures required by	4939
the policy adopted pursuant to division (A) of section 3319.111 of	4940
the Revised Code.	4941

(2) "Limited contract" means a limited contract, as described	4942
in section 3319.08 of the Revised Code, that a school district	4943
board of education or governing board of an educational service	4944
center enters into with a teacher who is not eligible for	4945
continuing service status.	4946

(3) "Extended limited contract" means a limited contract, as	4947
described in section 3319.08 of the Revised Code, that a board of	4948
education or governing board enters into with a teacher who is	4949
eligible for continuing service status.	4950

(B) Teachers eligible for continuing service status in any	4951
city, exempted village, local, or joint vocational school district	4952
or educational service center shall be those teachers qualified as	4953
described in division (D) of section 3319.08 of the Revised Code,	4954
who within the last five years have taught for at least three	4955
years in the district or center, and those teachers who, having	4956
attained continuing contract status elsewhere, have served two	4957
years in the district or center, but the board, upon the	4958
recommendation of the superintendent, may at the time of	4959
employment or at any time within such two-year period, declare any	4960
of the latter teachers eligible.	4961

(1) Upon the recommendation of the superintendent that a	4962
teacher eligible for continuing service status be reemployed, a	4963
continuing contract shall be entered into between the board and	4964
the teacher unless the board by a three-fourths vote of its full	4965
membership rejects the recommendation of the superintendent. If	4966
the board rejects by a three-fourths vote of its full membership	4967
the recommendation of the superintendent that a teacher eligible	4968
for continuing service status be reemployed and the superintendent	4969
makes no recommendation to the board pursuant to division (C) of	4970
this section, the board may declare its intention not to reemploy	4971
the teacher by giving the teacher written notice on or before the	4972
first day of June of its intention not to reemploy the teacher. If	4973
evaluation procedures have not been complied with pursuant to	4974
section 3319.111 of the Revised Code or the board does not give	4975
the teacher written notice on or before the first day of June of	4976
its intention not to reemploy the teacher, the teacher is deemed	4977
reemployed under an extended limited contract for a term not to	4978
exceed one year at the same salary plus any increment provided by	4979
the salary schedule. The teacher is presumed to have accepted	4980
employment under the extended limited contract for a term not to	4981
exceed one year unless such teacher notifies the board in writing	4982
to the contrary on or before the fifteenth day of June, and an	4983
extended limited contract for a term not to exceed one year shall	4984
be executed accordingly. Upon any subsequent reemployment of the	4985
teacher only a continuing contract may be entered into.	4986

(2) If the superintendent recommends that a teacher eligible	4987
for continuing service status not be reemployed, the board may	4988
declare its intention not to reemploy the teacher by giving the	4989
teacher written notice on or before the first day of June of its	4990
intention not to reemploy the teacher. If evaluation procedures	4991
have not been complied with pursuant to section 3319.111 of the	4992
Revised Code or the board does not give the teacher written notice	4993
on or before the first day of June of its intention not to	4994
reemploy the teacher, the teacher is deemed reemployed under an	4995
extended limited contract for a term not to exceed one year at the	4996
same salary plus any increment provided by the salary schedule.	4997
The teacher is presumed to have accepted employment under the	4998
extended limited contract for a term not to exceed one year unless	4999
such teacher notifies the board in writing to the contrary on or	5000
before the fifteenth day of June, and an extended limited contract	5001
for a term not to exceed one year shall be executed accordingly.	5002
Upon any subsequent reemployment of a teacher only a continuing	5003
contract may be entered into.	5004

(3) Any teacher receiving written notice of the intention of	5005
a board not to reemploy such teacher pursuant to this division is	5006
entitled to the hearing provisions of division (G) of this	5007
section.	5008

(C)(1) If a board rejects the recommendation of the	5009
superintendent for reemployment of a teacher pursuant to division	5010
(B)(1) of this section, the superintendent may recommend	5011
reemployment of the teacher, if continuing service status has not	5012
previously been attained elsewhere, under an extended limited	5013
contract for a term not to exceed two years, provided that written	5014
notice of the superintendent's intention to make such	5015
recommendation has been given to the teacher with reasons directed	5016
at the professional improvement of the teacher on or before the	5017
first day of June. Upon subsequent reemployment of the teacher	5018
only a continuing contract may be entered into.	5019

(2) If a board of education takes affirmative action on a	5020
superintendent's recommendation, made pursuant to division (C)(1)	5021
of this section, of an extended limited contract for a term not to	5022
exceed two years but the board does not give the teacher written	5023
notice of its affirmative action on the superintendent's	5024
recommendation of an extended limited contract on or before the	5025
first day of June, the teacher is deemed reemployed under a	5026
continuing contract at the same salary plus any increment provided	5027
by the salary schedule. The teacher is presumed to have accepted	5028
employment under such continuing contract unless such teacher	5029
notifies the board in writing to the contrary on or before the	5030
fifteenth day of June, and a continuing contract shall be executed	5031
accordingly.	5032

(3) A board shall not reject a superintendent's	5033
recommendation, made pursuant to division (C)(1) of this section,	5034
of an extended limited contract for a term not to exceed two years	5035
except by a three-fourths vote of its full membership. If a board	5036
rejects by a three-fourths vote of its full membership the	5037
recommendation of the superintendent of an extended limited	5038
contract for a term not to exceed two years, the board may declare	5039
its intention not to reemploy the teacher by giving the teacher	5040
written notice on or before the first day of June of its intention	5041
not to reemploy the teacher. If evaluation procedures have not	5042
been complied with pursuant to section 3319.111 of the Revised	5043
Code or if the board does not give the teacher written notice on	5044
or before the first day of June of its intention not to reemploy	5045
the teacher, the teacher is deemed reemployed under an extended	5046
limited contract for a term not to exceed one year at the same	5047
salary plus any increment provided by the salary schedule. The	5048
teacher is presumed to have accepted employment under the extended	5049
limited contract for a term not to exceed one year unless such	5050
teacher notifies the board in writing to the contrary on or before	5051
the fifteenth day of June, and an extended limited contract for a	5052
term not to exceed one year shall be executed accordingly. Upon	5053
any subsequent reemployment of the teacher only a continuing	5054
contract may be entered into.	5055

Any teacher receiving written notice of the intention of a	5056
board not to reemploy such teacher pursuant to this division is	5057
entitled to the hearing provisions of division (G) of this	5058
section.	5059

(D) A teacher eligible for continuing contract status	5060
employed under an extended limited contract pursuant to division	5061
(B) or (C) of this section, is, at the expiration of such extended	5062
limited contract, deemed reemployed under a continuing contract at	5063
the same salary plus any increment granted by the salary schedule,	5064
unless evaluation procedures have been complied with pursuant to	5065
section 3319.111 of the Revised Code and the employing board,	5066
acting on the superintendent's recommendation that the teacher not	5067
be reemployed, gives the teacher written notice on or before the	5068
first day of June of its intention not to reemploy such teacher. A	5069
teacher who does not have evaluation procedures applied in	5070
compliance with section 3319.111 of the Revised Code or who does	5071
not receive notice on or before the first day of June of the	5072
intention of the board not to reemploy such teacher is presumed to	5073
have accepted employment under a continuing contract unless such	5074
teacher notifies the board in writing to the contrary on or before	5075
the fifteenth day of June, and a continuing contract shall be	5076
executed accordingly.	5077

Any teacher receiving a written notice of the intention of a	5078
board not to reemploy such teacher pursuant to this division is	5079
entitled to the hearing provisions of division (G) of this	5080
section.	5081

(E) The board shall enter into a limited contract with each	5082
teacher employed by the board who is not eligible to be considered	5083
for a continuing contract.	5084

Any teacher employed under a limited contract, and not	5085
eligible to be considered for a continuing contract, is, at the	5086
expiration of such limited contract, considered reemployed under	5087
the provisions of this division at the same salary plus any	5088
increment provided by the salary schedule unless evaluation	5089
procedures have been complied with pursuant to section 3319.111 of	5090
the Revised Code and the employing board, acting upon the	5091
superintendent's written recommendation that the teacher not be	5092
reemployed, gives such teacher written notice of its intention not	5093
to reemploy such teacher on or before the first day of June. A	5094
teacher who does not have evaluation procedures applied in	5095
compliance with section 3319.111 of the Revised Code or who does	5096
not receive notice of the intention of the board not to reemploy	5097
such teacher on or before the first day of June is presumed to	5098
have accepted such employment unless such teacher notifies the	5099
board in writing to the contrary on or before the fifteenth day of	5100
June, and a written contract for the succeeding school year shall	5101
be executed accordingly.	5102

Any teacher receiving a written notice of the intention of a	5103
board not to reemploy such teacher pursuant to this division is	5104
entitled to the hearing provisions of division (G) of this	5105
section.	5106

(F) The failure of a superintendent to make a recommendation	5107
to the board under any of the conditions set forth in divisions	5108
(B) to (E) of this section, or the failure of the board to give	5109
such teacher a written notice pursuant to divisions (C) to (E) of	5110
this section shall not prejudice or prevent a teacher from being	5111
deemed reemployed under either a limited or continuing contract as	5112
the case may be under the provisions of this section. A failure of	5113
the parties to execute a written contract shall not void any	5114
automatic reemployment provisions of this section.	5115

(G)(1) Any teacher receiving written notice of the intention	5116
of a board of education not to reemploy such teacher pursuant to	5117
division (B), (C)(3), (D), or (E) of this section may, within ten	5118
days of the date of receipt of the notice, file with the treasurer	5119
of the board a written demand for a written statement describing	5120
the circumstances that led to the board's intention not to	5121
reemploy the teacher.	5122

(2) 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
written statement pursuant to division (G)(1) of this section,	5125
provide to the teacher a written statement describing the	5126
circumstances that led to the board's intention not to reemploy	5127
the teacher.	5128

(3) Any teacher receiving a written statement describing the	5129
circumstances that led to the board's intention not to reemploy	5130
the teacher pursuant to division (G)(2) of this section may,	5131
within five days of the date of receipt of the statement, file	5132
with the treasurer of the board a written demand for a hearing	5133
before the board pursuant to divisions (G)(4) to (6) of this	5134
section.	5135

(4) The treasurer of a board, on behalf of the board, shall,	5136
within ten days of the date of receipt of a written demand for a	5137
hearing pursuant to division (G)(3) of this section, provide to	5138
the teacher a written notice setting forth the time, date, and	5139
place of the hearing. The board shall schedule and conclude the	5140
hearing within forty days of the date on which the treasurer of	5141
the board receives a written demand for a hearing pursuant to	5142
division (G)(3) of this section.	5143

(5) Any hearing conducted pursuant to this division shall be	5144
conducted by a majority of the members of the board. The hearing	5145
shall be held in executive session of the board unless the board	5146
and the teacher agree to hold the hearing in public. The	5147
superintendent, assistant superintendent, the teacher, and any	5148
person designated by either party to take a record of the hearing	5149
may be present at the hearing. The board may be represented by	5150
counsel and the teacher may be represented by counsel or a	5151
designee. A record of the hearing may be taken by either party at	5152
the expense of the party taking the record.	5153

(6) Within ten days of the conclusion of a hearing conducted	5154
pursuant to this division, the board shall issue to the teacher a	5155
written decision containing an order affirming the intention of	5156
the board not to reemploy the teacher reported in the notice given	5157
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	5158
this section or an order vacating the intention not to reemploy	5159
and expunging any record of the intention, notice of the	5160
intention, and the hearing conducted pursuant to this division.	5161

(7) A teacher may appeal an order affirming the intention of	5162
the board not to reemploy the teacher to the court of common pleas	5163
of the county in which the largest portion of the territory of the	5164
school district or service center is located, within thirty days	5165
of the date on which the teacher receives the written decision, on	5166
the grounds that the board has not complied with this section or	5167
section 3319.111 of the Revised Code.	5168

Notwithstanding section 2506.04 of the Revised Code, the	5169
court in an appeal under this division is limited to the	5170
determination of procedural errors and to ordering the correction	5171
of procedural errors and shall have no jurisdiction to order a	5172
board to reemploy a teacher, except that the court may order a	5173
board to reemploy a teacher in compliance with the requirements of	5174
division (B), (C)(3), (D), or (E) of this section when the court	5175
determines that evaluation procedures have not been complied with	5176
pursuant to section 3319.111 of the Revised Code or the board has	5177
not given the teacher written notice on or before the first day of	5178
June of its intention not to reemploy the teacher pursuant to	5179
division (B), (C)(3), (D), or (E) of this section. Otherwise, the	5180
determination whether to reemploy or not reemploy a teacher is	5181
solely a board's determination and not a proper subject of	5182
judicial review and, except as provided in this division, no	5183
decision of a board whether to reemploy or not reemploy a teacher	5184
shall be invalidated by the court on any basis, including that the	5185
decision was not warranted by the results of any evaluation or was	5186
not warranted by any statement given pursuant to division (G)(2)	5187
of this section.	5188

No appeal of an order of a board may be made except as	5189
specified in this division.	5190

(H)(1) In giving a teacher any notice required by division	5191
(B), (C), (D), or (E) of this section, the board or the	5192
superintendent shall do either of the following:	5193

(a) Deliver the notice by personal service upon the teacher;

5194

(b) Deliver the notice by certified mail, return receipt	5195
requested, addressed to the teacher at the teacher's place of	5196
employment and deliver a copy of the notice by certified mail,	5197
return receipt requested, addressed to the teacher at the	5198
teacher's place of residence.	5199

(2) In giving a board any notice required by division (B),	5200
(C), (D), or (E) of this section, the teacher shall do either of	5201
the following:	5202

(a) Deliver the notice by personal delivery to the office of	5203
the superintendent during regular business hours;	5204

(b) Deliver the notice by certified mail, return receipt	5205
requested, addressed to the office of the superintendent and	5206
deliver a copy of the notice by certified mail, return receipt	5207
requested, addressed to the president of the board at the	5208
president's place of residence.	5209

(3) When any notice and copy of the notice are mailed	5210
pursuant to division (H)(1)(b) or (2)(b) of this section, the	5211
notice or copy of the notice with the earlier date of receipt	5212
shall constitute the notice for the purposes of division (B), (C),	5213
(D), or (E) of this section.	5214

(I) The provisions of this section shall not apply to any	5215
supplemental written contracts entered into pursuant to section	5216
3319.08 of the Revised Code.	5217

(J) Notwithstanding any provision to the contrary in Chapter	5218
4117. of the Revised Code, the dates set forth in this section as	5219
"on or before the first day of June" or "on or before the	5220
fifteenth day of June" prevail over any conflicting provisions of	5221
a collective bargaining agreement entered into on or after the	5222
effective date of this amendment.	5223

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	5224
Code, this section applies to any person who is employed under a	5225
teacher license issued under this chapter, or under a professional	5226
or permanent teacher's certificate issued under former section	5227
3319.222 of the Revised Code, and who spends at least fifty per	5228
cent of the time employed providing student instruction. However,	5229
this section does not apply to any person who is employed as a	5230
substitute teacher or as an instructor of adult education.	5231

(A) Not later than July 1, 2013, the board of education of	5232
each school district, in consultation with teachers employed by	5233
the board, shall adopt a standards-based teacher evaluation policy	5234
that conforms with the framework for evaluation of teachers	5235
developed under section 3319.112 of the Revised Code. The policy	5236
shall become operative at the expiration of any collective	5237
bargaining agreement covering teachers employed by the board that	5238
is in effect on ~~the effective date of this section~~September 29,	5239
2011, and shall be included in any renewal or extension of such an	5240
agreement.	5241

(B) When using measures of student academic growth as a	5242
component of a teacher's evaluation, those measures shall include	5243
the value-added progress dimension prescribed by section 3302.021	5244
of the Revised Code or an alternative student academic progress	5245
measure if adopted under division (C)(1)(e) of section 3302.03 of	5246
the Revised Code. For teachers of grade levels and subjects for	5247
which the value-added progress dimension or alternative student	5248
academic progress measure is not applicable, the board shall	5249
administer assessments on the list developed under division (B)(2)	5250
of section 3319.112 of the Revised Code.	5251

(C)(1) The board shall conduct an evaluation of each teacher	5252
employed by the board at least once each school year, except as	5253
provided in division (C)(2) of this section. The evaluation shall	5254
be completed by the first day of May and the teacher shall receive	5255
a written report of the results of the evaluation by the tenth day	5256
of May.	5257

(2) The board may elect, by adoption of a resolution, to	5258
evaluate each teacher who received a rating of accomplished on the	5259
teacher's most recent evaluation conducted under this section once	5260
every two school years. In that case, the biennial evaluation	5261
shall be completed by the first day of May of the applicable	5262
school year, and the teacher shall receive a written report of the	5263
results of the evaluation by the tenth day of May of that school	5264
year.	5265

(D) Each evaluation conducted pursuant to this section shall	5266
be conducted by one or more of the following persons who hold a	5267
credential established by the department of education for being an	5268
evaluator:	5269

(1) A person who is under contract with the board pursuant to	5270
section 3319.01 or 3319.02 of the Revised Code and holds a license	5271
designated for being a superintendent, assistant superintendent,	5272
or principal issued under section 3319.22 of the Revised Code;	5273

(2) A person who is under contract with the board pursuant to	5274
section 3319.02 of the Revised Code and holds a license designated	5275
for being a vocational director, administrative specialist, or	5276
supervisor in any educational area issued under section 3319.22 of	5277
the Revised Code;	5278

(3) A person designated to conduct evaluations under an	5279
agreement entered into by the board, including an agreement	5280
providing for peer review entered into by the board and	5281
representatives of teachers employed by the board;	5282

(4) A person who is employed by an entity contracted by the	5283
board to conduct evaluations and who holds a license designated	5284
for being a superintendent, assistant superintendent, principal,	5285
vocational director, administrative specialist, or supervisor in	5286
any educational area issued under section 3319.22 of the Revised	5287
Code or is qualified to conduct evaluations.	5288

(E) Notwithstanding division (A)(3) of section 3319.112 of	5289
the Revised Code:	5290

(1) The board shall require at least three formal	5291
observations of each teacher who is under consideration for	5292
nonrenewal and with whom the board has entered into a limited	5293
contract or an extended limited contract under section 3319.11 of	5294
the Revised Code.	5295

(2) The board may elect, by adoption of a resolution, to	5296
require only one formal observation of a teacher who received a	5297
rating of accomplished on the teacher's most recent evaluation	5298
conducted under this section, provided the teacher completes a	5299
project that has been approved by the board to demonstrate the	5300
teacher's continued growth and practice at the accomplished level.	5301

(F) The board shall include in its evaluation policy	5302
procedures for using the evaluation results for retention and	5303
promotion decisions and for removal of poorly performing teachers.	5304
Seniority shall not be the basis for a decision to retain a	5305
teacher, except when making a decision between teachers who have	5306
comparable evaluations.	5307

(G) For purposes of section 3333.0411 of the Revised Code,	5308
the board annually shall report to the department of education the	5309
number of teachers for whom an evaluation was conducted under this	5310
section and the number of teachers assigned each rating prescribed	5311
under division (B)(1) of section 3319.112 of the Revised Code,	5312
aggregated by the teacher preparation programs from which and the	5313
years in which the teachers graduated. The department shall	5314
establish guidelines for reporting the information required by	5315
this division. The guidelines shall not permit or require that the	5316
name of, or any other personally identifiable information about,	5317
any teacher be reported under this division.	5318

(H) Notwithstanding any provision to the contrary in Chapter	5319
4117. of the Revised Code, the requirements of this section	5320
prevail over any conflicting provisions of a collective bargaining	5321
agreement entered into on or after ~~the effective date of this~~	5322
~~amendment~~September 24, 2012.	5323

Sec. 3319.112. (A) Not later than December 31, 2011, the	5324
state board of education shall develop a standards-based state	5325
framework for the evaluation of teachers. The state board may	5326
update the framework periodically by adoption of a resolution. The	5327
framework shall establish an evaluation system that does the	5328
following:	5329

(1) Provides for multiple evaluation factors~~, including~~	5330
~~student academic growth which shall account for fifty per cent of~~	5331
~~each~~. One factor shall be student academic growth which shall	5332
account for fifty per cent of each evaluation. When applicable to	5333
the grade level or subject area taught by a teacher, the	5334
value-added progress dimension established under section 3302.021	5335
of the Revised Code or an alternative student academic progress	5336
measure if adopted under division (C)(1)(e) of section 3302.03 of	5337
the Revised Code shall be used in the student academic growth	5338
portion of an evaluation in proportion to the part of a teacher's	5339
schedule of courses or subjects for which the value-added progress	5340
dimension is applicable.	5341

If a teacher's schedule is comprised only of courses or	5342
subjects for which the value-added progress dimension is	5343
applicable, one of the following applies:	5344

(a) Beginning with the effective date of this amendment until	5345
June 30, 2014, the majority of the student academic growth factor	5346
of the evaluation shall be based on the value-added progress	5347
dimension.	5348

(b) On or after July 1, 2014, the entire student academic	5349
growth factor of the evaluation shall be based on the value-added	5350
progress dimension. In calculating student academic growth for an	5351
evaluation, a student shall not be included if the student has	5352
sixty or more unexcused absences for the school year.	5353

(2) Is aligned with the standards for teachers adopted under	5354
section 3319.61 of the Revised Code;	5355

(3) Requires observation of the teacher being evaluated,	5356
including at least two formal observations by the evaluator of at	5357
least thirty minutes each and classroom walkthroughs;	5358

(4) Assigns a rating on each evaluation in accordance with	5359
division (B) of this section;	5360

(5) Requires each teacher to be provided with a written	5361
report of the results of the teacher's evaluation;	5362

(6) Identifies measures of student academic growth for grade	5363
levels and subjects for which the value-added progress dimension	5364
prescribed by section 3302.021 of the Revised Code or an	5365
alternative student academic progress measure if adopted under	5366
division (C)(1)(e) of section 3302.03 of the Revised Code does not	5367
apply;	5368

(7) Implements a classroom-level, value-added program	5369
developed by a nonprofit organization described in division (B) of	5370
section 3302.021 of the Revised Code or an alternative student	5371
academic progress measure if adopted under division (C)(1)(e) of	5372
section 3302.03 of the Revised Code;	5373

(8) Provides for professional development to accelerate and	5374
continue teacher growth and provide support to poorly performing	5375
teachers;	5376

(9) Provides for the allocation of financial resources to	5377
support professional development.	5378

(B) For purposes of the framework developed under this	5379
section, the state board also shall do the following:	5380

(1) Develop specific standards and criteria that distinguish	5381
between the following levels of performance for teachers and	5382
principals for the purpose of assigning ratings on the evaluations	5383
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	5384
of the Revised Code:	5385

(a) Accomplished;

5386

(b) Proficient;

5387

5388

(d) Ineffective.

5389

(2) For grade levels and subjects for which the assessments	5390
prescribed under sections 3301.0710 and 3301.0712 of the Revised	5391
Code and the value-added progress dimension prescribed by section	5392
3302.021 of the Revised Code, or alternative student academic	5393
progress measure, do not apply, develop a list of student	5394
assessments that measure mastery of the course content for the	5395
appropriate grade level, which may include nationally normed	5396
standardized assessments, industry certification examinations, or	5397
end-of-course examinations.	5398

(C) The state board shall consult with experts, teachers and	5399
principals employed in public schools, and representatives of	5400
stakeholder groups in developing the standards and criteria	5401
required by division (B)(1) of this section.	5402

(D) To assist school districts in developing evaluation	5403
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	5404
the Revised Code, the department shall do both of the following:	5405

(1) Serve as a clearinghouse of promising evaluation	5406
procedures and evaluation models that districts may use;	5407

(2) Provide technical assistance to districts in creating	5408
evaluation policies.	5409

(E) Not later than June 30, 2013, the state board, in	5410
consultation with state agencies that employ teachers, shall	5411
develop a standards-based framework for the evaluation of teachers	5412
employed by those agencies. Each state agency that employs	5413
teachers shall adopt a standards-based teacher evaluation policy	5414
that conforms with the framework developed under this division.	5415
The policy shall become operative at the expiration of any	5416
collective bargaining agreement covering teachers employed by the	5417
agency that is in effect on ~~the effective date of this amendment~~	5418
September 24, 2012, and shall be included in any renewal or	5419
extension of such an agreement. However, this division does not	5420
apply to any person who is employed as a substitute teacher or as	5421
an instructor of adult education.	5422

Sec. 3319.58. (A) As used in this section, "core subject	5423
area" has the same meaning as in section 3319.074 of the Revised	5424
Code.	5425

(B) Each year, beginning with the 2015-2016 school year, the	5426
board of education of each city, exempted village, local, and	5427
joint vocational school district shall require each classroom	5428
teacher who is currently teaching in a core subject area and has	5429
received a rating of ineffective on the evaluations conducted	5430
under section 3319.111 of the Revised Code for two of the three	5431
most recent school years to register for and take all written	5432
examinations of content knowledge selected by the department of	5433
education as appropriate to determine expertise to teach that core	5434
subject area and the grade level to which the teacher is assigned.	5435

(C) Each year, beginning with the 2015-2016 school year, the	5436
governing authority of each community school established under	5437
Chapter 3314. of the Revised Code except a community school to	5438
which section 3314.017 of the Revised Code applies and governing	5439
body of each STEM school established under Chapter 3326. of the	5440
Revised Code with a building ranked in the lowest ten per cent of	5441
all public school buildings according to performance index score,	5442
under section 3302.21 of the Revised Code, shall require each	5443
classroom teacher currently teaching in a core subject area in	5444
such a building to register for and take all written examinations	5445
of content knowledge selected by the department as appropriate to	5446
determine expertise to teach that core subject area and the grade	5447
level to which the teacher is assigned.	5448

(D) If a teacher who takes an examination under division (B)	5449
of this section passes that examination and provides proof of that	5450
passage to the teacher's employer, the employer shall require the	5451
teacher, at the teacher's expense, to complete professional	5452
development that is targeted to the deficiencies identified in the	5453
teacher's evaluations conducted under section 3319.111 of the	5454
Revised Code. The receipt by the teacher of a rating of	5455
ineffective on the teacher's next evaluation after completion of	5456
the professional development, or the failure of the teacher to	5457
complete the professional development, shall be grounds for	5458
termination of the teacher under section 3319.16 of the Revised	5459
Code.	5460

(E) If a teacher who takes an examination under this section	5461
passes that examination and provides proof of that passage to the	5462
teacher's employer, the teacher shall not be required to take the	5463
examination again for three years, regardless of the teacher's	5464
evaluation ratings or the performance index score ranking of the	5465
building in which the teacher teaches. No teacher shall be	5466
responsible for the cost of taking an examination under this	5467
section.	5468

(F) Each district board of education, each community school	5469
governing authority, and each STEM school governing body may use	5470
the results of a teacher's examinations required under division	5471
(B) or (C) of this section in developing and revising professional	5472
development plans and in deciding whether or not to continue	5473
employing the teacher in accordance with the provisions of this	5474
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	5475
decision to terminate or not to renew a teacher's employment	5476
contract shall be made solely on the basis of the results of a	5477
teacher's examination under this section until and unless the	5478
teacher has not attained a passing score on the same required	5479
examination for at least three consecutive administrations of that	5480
examination.	5481

Sec. 3326.03. (A) The STEM committee shall authorize the	5482
establishment of and award grants to science, technology,	5483
engineering, and mathematics schools based on proposals submitted	5484
to the committee.	5485

The committee shall determine the criteria for proposals,	5486
establish procedures for the submission of proposals, accept and	5487
evaluate proposals, and choose which proposals to approve to	5488
become a STEM school. In approving proposals for STEM schools, the	5489
committee shall consider locating the schools in diverse	5490
geographic regions of the state so that all students have access	5491
to a STEM school.	5492

The committee may authorize the establishment of a group of	5493
multiple STEM schools to operate from multiple facilities located	5494
in one or more school districts under the direction of a single	5495
governing body in the manner prescribed by section 3326.031 of the	5496
Revised Code. The committee shall consider the merits of each of	5497
the proposed STEM schools within a group and shall authorize each	5498
school separately. Anytime after authorizing a group of STEM	5499
schools to be under the direction of a single governing body, upon	5500
a proposal from the governing body, the committee may authorize	5501
one or more additional schools to operate as part of that group.	5502

The STEM committee may approve one or more STEM schools to	5503
serve only students identified as gifted under Chapter 3324. of	5504
the Revised Code.	5505

(B) Proposals may be submitted only by a partnership of	5506
public and private entities consisting of at least all of the	5507
following:	5508

(1) A city, exempted village, local, or joint vocational	5509
school district or an educational service center;	5510

(2) Higher education entities;

5511

(3) Business organizations.

5512

5513

(1) Assurances that the STEM school or group of STEM schools	5514
will be under the oversight of a governing body and a description	5515
of the members of that governing body and how they will be	5516
selected;	5517

(2) Assurances that each STEM school will operate in	5518
compliance with this chapter and the provisions of the proposal as	5519
accepted by the committee;	5520

(3) Evidence that each school will offer a rigorous, diverse,	5521
integrated, and project-based curriculum to students in any of	5522
grades six through twelve, with the goal to prepare those students	5523
for college, the workforce, and citizenship, and that does all of	5524
the following:	5525

(a) Emphasizes the role of science, technology, engineering,	5526
and mathematics in promoting innovation and economic progress;	5527

(b) Incorporates scientific inquiry and technological design;

5528

5529

(d) Emphasizes personalized learning and teamwork skills.

5530

(4) Evidence that each school will attract school leaders who	5531
support the curriculum principles of division (C)(3) of this	5532
section;	5533

(5) A description of how each school's curriculum will be	5534
developed and approved in accordance with section 3326.09 of the	5535
Revised Code;	5536

(6) Evidence that each school will utilize an established	5537
capacity to capture and share knowledge for best practices and	5538
innovative professional development;	5539

(7) Evidence that each school will operate in collaboration	5540
with a partnership that includes institutions of higher education	5541
and businesses;	5542

(8) Assurances that each school has received commitments of	5543
sustained and verifiable fiscal and in-kind support from regional	5544
education and business entities;	5545

(9) A description of how each school's assets will be	5546
distributed if the school closes for any reason.	5547

Sec. 3333.041. (A) On or before the last day of December of	5548
each year, the chancellor of the Ohio board of regents shall	5549
submit to the governor and, in accordance with section 101.68 of	5550
the Revised Code, the general assembly a report or reports	5551
concerning all of the following:	5552

(1) The status of graduates of Ohio school districts at state	5553
institutions of higher education during the twelve-month period	5554
ending on the thirtieth day of September of the current calendar	5555
year. The report shall list, by school district, the number of	5556
graduates of each school district who attended a state institution	5557
of higher education and the percentage of each district's	5558
graduates enrolled in a state institution of higher education	5559
during the reporting period who were required during such period	5560
by the college or university, as a prerequisite to enrolling in	5561
those courses generally required for first-year students, to	5562
enroll in a remedial course in English, including composition or	5563
reading, mathematics, and any other area designated by the	5564
chancellor. The chancellor also shall make the information	5565
described in division (A)(1) of this section available to the	5566
board of education of each city, exempted village, and local	5567
school district.	5568

Each state institution of higher education shall, by the	5569
first day of November of each year, submit to the chancellor in	5570
the form specified by the chancellor the information the	5571
chancellor requires to compile the report.	5572

(2) Aggregate academic growth data for students assigned to	5573
graduates of teacher preparation programs approved under section	5574
3333.048 of the Revised Code who teach English language arts or	5575
mathematics in any of grades four to eight in a public school in	5576
Ohio. For this purpose, the chancellor shall use the value-added	5577
progress dimension prescribed by section 3302.021 of the Revised	5578
Code or the alternative student academic progress measure if	5579
adopted under division (C)(1)(e) of section 3302.03 of the Revised	5580
Code. The chancellor shall aggregate the data by graduating class	5581
for each approved teacher preparation program, except that if a	5582
particular class has ten or fewer graduates to which this section	5583
applies, the chancellor shall report the data for a group of	5584
classes over a three-year period. In no case shall the report	5585
identify any individual graduate. The department of education	5586
shall share any data necessary for the report with the chancellor.	5587

(3) The following information with respect to the Ohio	5588
tuition trust authority:	5589

(a) The name of each investment manager that is a minority	5590
business enterprise or a women's business enterprise with which	5591
the chancellor contracts;	5592

(b) The amount of assets managed by investment managers that	5593
are minority business enterprises or women's business enterprises,	5594
expressed as a percentage of assets managed by investment managers	5595
with which the chancellor has contracted;	5596

(c) Efforts by the chancellor to increase utilization of	5597
investment managers that are minority business enterprises or	5598
women's business enterprises.	5599

(4) The status of implementation of faculty improvement	5600
programs under section 3345.28 of the Revised Code. The report	5601
shall include, but need not be limited to, the following: the	5602
number of professional leave grants made by each institution; the	5603
purpose of each professional leave; and a statement of the cost to	5604
the institution of each professional leave, to the extent that the	5605
cost exceeds the salary of the faculty member on professional	5606
leave.	5607

(5) The number and types of biobased products purchased under	5608
section 125.092 of the Revised Code and the amount of money spent	5609
by state institutions of higher education for those biobased	5610
products as that information is provided to the chancellor under	5611
division (A) of section 3345.692 of the Revised Code.	5612

(6) A description of dual enrollment programs, as defined in	5613
section 3313.6013 of the Revised Code, that are offered by school	5614
districts, community schools established under Chapter 3314. of	5615
the Revised Code, STEM schools established under Chapter 3326. of	5616
the Revised Code, college-preparatory boarding schools established	5617
under Chapter 3328. of the Revised Code, and chartered nonpublic	5618
high schools. The chancellor also shall post the information on	5619
the chancellor's web site.	5620

(7) The academic and economic impact of the Ohio innovation	5621
partnership established under section 3333.61 of the Revised Code.	5622
At a minimum, the report shall include the following:	5623

(a) Progress and performance metrics for each initiative that	5624
received an award in the previous fiscal year;	5625

(b) Economic indicators of the impact of each initiative, and	5626
all initiatives as a whole, on the regional economies and the	5627
statewide economy;	5628

(c) The chancellor's strategy in assigning choose Ohio first	5629
scholarships among state universities and colleges and how the	5630
actual awards fit that strategy.	5631

(8) The academic and economic impact of the Ohio	5632
co-op/internship program established under section 3333.72 of the	5633
Revised Code. At a minimum, the report shall include the	5634
following:	5635

(a) Progress and performance metrics for each initiative that	5636
received an award in the previous fiscal year;	5637

(b) Economic indicators of the impact of each initiative, and	5638
all initiatives as a whole, on the regional economies and the	5639
statewide economy;	5640

(c) The chancellor's strategy in allocating awards among	5641
state institutions of higher education and how the actual awards	5642
fit that strategy.	5643

(B) As used in this section:

5644

(1) "Minority business enterprise" has the same meaning as in	5645
section 122.71 of the Revised Code.	5646

(2) "State institution of higher education" and "state	5647
university" have the same meanings as in section 3345.011 of the	5648
Revised Code.	5649

(3) "State university or college" has the same meaning as in	5650
section 3345.12 of the Revised Code.	5651

(4) "Women's business enterprise" means a business, or a	5652
partnership, corporation, limited liability company, or joint	5653
venture of any kind, that is owned and controlled by women who are	5654
United States citizens and residents of this state.	5655

Sec. 3333.048. (A) Not later than one year after ~~the~~	5656
~~effective date of this section~~October 16, 2009, the chancellor of	5657
the Ohio board of regents and the superintendent of public	5658
instruction jointly shall do the following:	5659

(1) In accordance with Chapter 119. of the Revised Code,	5660
establish metrics and educator preparation programs for the	5661
preparation of educators and other school personnel and the	5662
institutions of higher education that are engaged in their	5663
preparation. The metrics and educator preparation programs shall	5664
be aligned with the standards and qualifications for educator	5665
licenses adopted by the state board of education under section	5666
3319.22 of the Revised Code and the requirements of the Ohio	5667
teacher residency program established under section 3319.223 of	5668
the Revised Code. The metrics and educator preparation programs	5669
also shall ensure that educators and other school personnel are	5670
adequately prepared to use the value-added progress dimension	5671
prescribed by section 3302.021 of the Revised Code or the	5672
alternative student academic progress measure if adopted under	5673
division (C)(1)(e) of section 3302.03 of the Revised Code.	5674

(2) Provide for the inspection of institutions of higher	5675
education desiring to prepare educators and other school	5676
personnel.	5677

(B) Not later than one year after ~~the effective date of this~~	5678
~~section~~October 16, 2009, the chancellor shall approve	5679
institutions of higher education engaged in the preparation of	5680
educators and other school personnel that maintain satisfactory	5681
training procedures and records of performance, as determined by	5682
the chancellor.	5683

(C) If the metrics established under division (A)(1) of this	5684
section require an institution of higher education that prepares	5685
teachers to satisfy the standards of an independent accreditation	5686
organization, the chancellor shall permit each institution to	5687
satisfy the standards of either the national council for	5688
accreditation of teacher education or the teacher education	5689
accreditation council.	5690

(D) The metrics and educator preparation programs established	5691
under division (A)(1) of this section may require an institution	5692
of higher education, as a condition of approval by the chancellor,	5693
to make changes in the curricula of its preparation programs for	5694
educators and other school personnel.	5695

Notwithstanding division (D) of section 119.03 and division	5696
(A)(1) of section 119.04 of the Revised Code, any metrics,	5697
educator preparation programs, rules, and regulations, or any	5698
amendment or rescission of such metrics, educator preparation	5699
programs, rules, and regulations, adopted under this section that	5700
necessitate institutions offering preparation programs for	5701
educators and other school personnel approved by the chancellor to	5702
revise the curricula of those programs shall not be effective for	5703
at least one year after the first day of January next succeeding	5704
the publication of the said change.	5705

Each institution shall allocate money from its existing	5706
appropriations to pay the cost of making the curricular changes.	5707

(E) The chancellor shall notify the state board of the	5708
metrics and educator preparation programs established under	5709
division (A)(1) of this section and the institutions of higher	5710
education approved under division (B) of this section. The state	5711
board shall publish the metrics, educator preparation programs,	5712
and approved institutions with the standards and qualifications	5713
for each type of educator license.	5714

(F) The graduates of institutions of higher education	5715
approved by the chancellor shall be licensed by the state board in	5716
accordance with the standards and qualifications adopted under	5717
section 3319.22 of the Revised Code.	5718

Sec. 3333.391. (A) As used in this section and in section	5719
3333.392 of the Revised Code:	5720

(1) "Academic year" shall be as defined by the chancellor of	5721
the Ohio board of regents.	5722

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	5723
be as defined by the department of education.	5724

(3) "Parent" means the parent, guardian, or custodian of a	5725
qualified student.	5726

(4) "Qualified service" means teaching at a qualifying	5727
school.	5728

(5) "Qualifying school" means a hard-to-staff school district	5729
building or a school district building that has a persistently low	5730
performance rating ~~of academic watch or academic emergency~~, as	5731
determined jointly by the chancellor and superintendent of public	5732
instruction, under section 3302.03 of the Revised Code at the time	5733
the recipient becomes employed by the district.	5734

(B) If the chancellor of the Ohio board of regents determines	5735
that sufficient funds are available from general revenue fund	5736
appropriations made to the Ohio board of regents or to the	5737
chancellor, the chancellor and the superintendent of public	5738
instruction jointly may develop and agree on a plan for the Ohio	5739
teaching fellows program to promote and encourage high school	5740
seniors to enter and remain in the teaching profession. Upon	5741
agreement of such a plan, the chancellor shall establish and	5742
administer the program in conjunction with the superintendent and	5743
with the cooperation of teacher training institutions. Under the	5744
program, the chancellor annually shall provide scholarships to	5745
students who commit to teaching in a qualifying school for a	5746
minimum of four years upon graduation from a teacher training	5747
program at a state institution of higher education or an Ohio	5748
nonprofit institution of higher education that has a certificate	5749
of authorization under Chapter 1713. of the Revised Code. The	5750
scholarships shall be for up to four years at the undergraduate	5751
level at an amount determined by the chancellor based on state	5752
appropriations.	5753

(C) The chancellor shall adopt a competitive process for	5754
awarding scholarships under the teaching fellows program, which	5755
shall include minimum grade point average and scores on national	5756
standardized tests for college admission. The process shall also	5757
give additional consideration to all of the following:	5758

(1) A person who has participated in the program described in	5759
division (A) of section 3333.39 of the Revised Code;	5760

(2) A person who plans to specialize in teaching students	5761
with special needs;	5762

(3) A person who plans to teach in the disciplines of	5763
science, technology, engineering, or mathematics.	5764

The chancellor shall require that all applicants to the	5765
teaching fellows program shall file a statement of service status	5766
in compliance with section 3345.32 of the Revised Code, if	5767
applicable, and that all applicants have not been convicted of,	5768
plead guilty to, or adjudicated a delinquent child for any	5769
violation listed in section 3333.38 of the Revised Code.	5770

(D) Teaching fellows shall complete the four-year teaching	5771
commitment within not more than seven years after graduating from	5772
the teacher training program. Failure to fulfill the commitment	5773
shall convert the scholarship into a loan to be repaid under	5774
section 3333.392 of the Revised Code.	5775

(E) The chancellor shall adopt rules in accordance with	5776
Chapter 119. of the Revised Code to administer this section and	5777
section 3333.392 of the Revised Code.	5778

Sec. 5910.01. As used in this chapter and section 5919.34 of	5779
the Revised Code:	5780

(A) "Child" includes natural and adopted children and	5781
stepchildren who have not been legally adopted by the veteran	5782
parent provided that the relationship between the stepchild and	5783
the veteran parent meets the following criteria:	5784

(1) The veteran parent is married to the child's natural or	5785
adoptive parent at the time application for a scholarship granted	5786
under this chapter is made; or if the veteran parent is deceased,	5787
the child's natural or adoptive parent was married to the veteran	5788
parent at the time of the veteran parent's death;	5789

(2) The child resided with the veteran parent for a period of	5790
not less than ten consecutive years immediately prior to making	5791
application for the scholarship; or if the veteran parent is	5792
deceased, the child resided with the veteran parent for a period	5793
of not less than ten consecutive years immediately prior to the	5794
veteran parent's death;	5795

(3) The child received financial support from the veteran	5796
parent for a period of not less than ten consecutive years	5797
immediately prior to making application for the scholarship; or if	5798
the veteran parent is deceased, the child received financial	5799
support from the veteran parent for a period of not less than ten	5800
consecutive years immediately prior to the veteran parent's death.	5801

(B) "Veteran" includes ~~either~~any of the following:

5802

(1) Any person who was a member of the armed services of the	5803
United States for a period of ninety days or more, or who was	5804
discharged from the armed services due to a disability incurred	5805
while a member with less than ninety days' service, or who died	5806
while a member of the armed services; provided that such service,	5807
disability, or death occurred during one of the following periods:	5808
April 6, 1917, to November 11, 1918; December 7, 1941, to December	5809
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to	5810
May 7, 1975; August 2, 1990, to the end of operations conducted as	5811
a result of the invasion of Kuwait by Iraq, including support for	5812
operation desert shield and operation desert storm, as declared by	5813
the president of the United States or the congress; October 7,	5814
2001, to the end of operation enduring freedom as declared by the	5815
president of the United States or the congress; March 20, 2003, to	5816
the end of operation Iraqi freedom as declared by the president of	5817
the United States or the congress; or any other period of conflict	5818
established by the United States department of veterans affairs	5819
for pension purposes;	5820

(2) Any person who was a member of the armed services of the	5821
United States and participated in an operation for which the armed	5822
forces expeditionary medal was awarded;	5823

(3) Any person who served as a member of the United States	5824
merchant marine and to whom either of the following applies:	5825

(a) The person has an honorable report of separation from the	5826
active duty military service, form DD214 or DD215.	5827

(b) The person served in the United States merchant marine	5828
between December 7, 1941, and December 31, 1946, and died on	5829
active duty while serving in a war zone during that period of	5830
service.	5831

(C) "Armed services of the United States" or "United States	5832
armed forces" includes the army, air force, navy, marine corps,	5833
coast guard, and such other military service branch as may be	5834
designated by congress as a part of the armed forces of the United	5835
States.	5836

(D) "Board" means the Ohio war orphans scholarship board	5837
created by section 5910.02 of the Revised Code.	5838

(E) "Disabled" means having a sixty per cent or greater	5839
service-connected disability or receiving benefits for permanent	5840
and total nonservice-connected disability, as determined by the	5841
United States department of veterans affairs.	5842

(F) "United States merchant marine" includes the United	5843
States army transport service and the United States naval	5844
transport service.	5845

Sec. 5910.02. There is hereby created an Ohio war orphans	5846
scholarship board as part of the department of veterans services.	5847
The board consists of eight members as follows: the chancellor of	5848
the Ohio board of regents or the chancellor's designee; the	5849
director of veterans services or the director's designee; one	5850
member of the house of representatives, appointed by the speaker;	5851
one member of the senate, appointed by the president of the	5852
senate; and four members appointed by the governor, one of whom	5853
shall be a representative of the American Legion, one of whom	5854
shall be a representative of the Veterans of Foreign Wars, one of	5855
whom shall be a representative of the Disabled American Veterans,	5856
and one of whom shall be a representative of the AMVETS. At least	5857
ninety days prior to the expiration of the term of office of the	5858
representative of a veterans organization appointed by the	5859
governor, the governor shall notify the state headquarters of the	5860
affected organization of the need for an appointment and request	5861
the organization to make at least three nominations. Within sixty	5862
days after making the request for nominations, the governor may	5863
make the appointment from the nominations received, or may reject	5864
all the nominations and request at least three new nominations,	5865
from which the governor shall make an appointment within thirty	5866
days after making the request for the new nominations. If the	5867
governor receives no nominations during this thirty-day period,	5868
the governor may appoint any veteran.	5869

Terms of office for the four members appointed by the	5870
governor shall be for four years, commencing on the first day of	5871
January and ending on the thirty-first day of December, except	5872
that the term of the AMVETS representative shall expire December	5873
31, 1998, and the new term that succeeds it shall commence on	5874
January 1, 1999, and end on December 31, 2002. Each member shall	5875
hold office from the date of the member's appointment until the	5876
end of the term for which the member was appointed. The other	5877
members shall serve during their terms of office. Any vacancy	5878
shall be filled by appointment in the same manner as by original	5879
appointment. Any member appointed to fill a vacancy occurring	5880
prior to the expiration of the term for which the member's	5881
predecessor was appointed shall hold office for the remainder of	5882
such term. Any appointed member shall continue in office	5883
subsequent to the expiration date of the member's term until the	5884
member's successor takes office, or until a period of sixty days	5885
has elapsed, whichever occurs first. The members of the board	5886
shall serve without pay but shall be reimbursed for travel	5887
expenses and for other actual and necessary expenses incurred in	5888
the performance of their duties, not to exceed ten dollars per day	5889
for ten days in any one year to be appropriated out of any moneys	5890
in the state treasury to the credit of the general revenue fund.	5891

The chancellor of the board of regents shall act as secretary	5892
to the board and shall furnish such clerical and other assistance	5893
as may be necessary to the performance of the duties of the board.	5894

The board shall determine the number of scholarships to be	5895
made available, receive applications for scholarships, pass upon	5896
the eligibility of applicants, decide which applicants are to	5897
receive scholarships, and do all other things necessary for the	5898
proper administration of this chapter.	5899

The board may apply for, and may receive and accept, grants,	5900
and may receive and accept gifts, bequests, and contributions,	5901
from public and private sources, including agencies and	5902
instrumentalities of the United States and this state, and shall	5903
deposit the grants, gifts, bequests, or contributions into the	5904
Ohio war orphans scholarship fund.	5905

Sec. 5910.07. The Ohio war orphans scholarship fund is	5906
created in the state treasury. The fund shall consist of gifts,	5907
bequests, grants, and contributions made to the fund. Investment	5908
earnings of the fund shall be deposited into the fund. The fund	5909
shall be used to operate the war orphans scholarship program and	5910
to provide grants under sections 5910.01 to 5910.06 of the Revised	5911
Code.	5912

Sec. 5919.34. (A) As used in this section:

5913

(1) "Academic term" means any one of the following:

5914

(a) Fall term, which consists of fall semester or fall	5915
quarter, as appropriate;	5916

(b) Winter term, which consists of winter semester, winter	5917
quarter, or spring semester, as appropriate;	5918

5919

(d) Summer term, which consists of summer semester or summer	5920
quarter, as appropriate.	5921

(2) "Eligible applicant" means any individual to whom all of	5922
the following apply:	5923

(a) The individual does not possess a baccalaureate degree.

5924

(b) The individual has enlisted, re-enlisted, or extended	5925
current enlistment in the Ohio national guard or is an individual	5926
to which division (F) of this section applies.	5927

(c) The individual is actively enrolled as a full-time or	5928
part-time student for at least three credit hours of course work	5929
in a semester or quarter in a two-year or four-year	5930
degree-granting program at a state institution of higher education	5931
or a private institution of higher education, or in a	5932
diploma-granting program at a state or private institution of	5933
higher education that is a school of nursing.	5934

(d) The individual has not accumulated ninety-six eligibility	5935
units under division (E) of this section.	5936

(3) "State institution of higher education" means any state	5937
university or college as defined in division (A)(1) of section	5938
3345.12 of the Revised Code, community college established under	5939
Chapter 3354. of the Revised Code, state community college	5940
established under Chapter 3358. of the Revised Code, university	5941
branch established under Chapter 3355. of the Revised Code, or	5942
technical college established under Chapter 3357. of the Revised	5943
Code.	5944

(4) "Private institution of higher education" means an Ohio	5945
institution of higher education that is nonprofit and has received	5946
a certificate of authorization pursuant to Chapter 1713. of the	5947
Revised Code, that is a private institution exempt from regulation	5948
under Chapter 3332. of the Revised Code as prescribed in section	5949
3333.046 of the Revised Code, or that holds a certificate of	5950
registration and program authorization issued by the state board	5951
of career colleges and schools pursuant to section 3332.05 of the	5952
Revised Code.	5953

(5) "Tuition" means the charges imposed to attend an	5954
institution of higher education and includes general and	5955
instructional fees. "Tuition" does not include laboratory fees,	5956
room and board, or other similar fees and charges.	5957

(B) There is hereby created a scholarship program to be known	5958
as the Ohio national guard scholarship program.	5959

(C) The adjutant general shall approve scholarships for all	5960
eligible applicants. The adjutant general shall process all	5961
applications for scholarships for each academic term in the order	5962
in which they are received. The scholarships shall be made without	5963
regard to financial need. At no time shall one person be placed in	5964
priority over another because of sex, race, or religion.	5965

(D)(1) Except as provided in divisions (I) and (J) of this	5966
section, for each academic term that an eligible applicant is	5967
approved for a scholarship under this section and either remains a	5968
current member in good standing of the Ohio national guard or is	5969
eligible for a scholarship under division (F)(1) of this section,	5970
the institution of higher education in which the applicant is	5971
enrolled shall, if the applicant's enlistment obligation extends	5972
beyond the end of that academic term or if division (F)(1) of this	5973
section applies, be paid on the applicant's behalf the applicable	5974
one of the following amounts:	5975

(a) If the institution is a state institution of higher	5976
education, an amount equal to one hundred per cent of the	5977
institution's tuition charges;	5978

(b) If the institution is a nonprofit private institution or	5979
a private institution exempt from regulation under Chapter 3332.	5980
of the Revised Code as prescribed in section 3333.046 of the	5981
Revised Code, an amount equal to one hundred per cent of the	5982
average tuition charges of all state universities;	5983

(c) If the institution is an institution that holds a	5984
certificate of registration from the state board of career	5985
colleges and schools, the lesser of the following:	5986

(i) An amount equal to one hundred per cent of the	5987
institution's tuition;	5988

(ii) An amount equal to one hundred per cent of the average	5989
tuition charges of all state universities, as that term is defined	5990
in section 3345.011 of the Revised Code.	5991

(2) An eligible applicant's scholarship shall not be reduced	5992
by the amount of that applicant's benefits under "the Montgomery	5993
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	5994

(E) A scholarship recipient under this section shall be	5995
entitled to receive scholarships under this section for the number	5996
of quarters or semesters it takes the recipient to accumulate	5997
ninety-six eligibility units as determined under divisions (E)(1)	5998
to (3) of this section.	5999

(1) To determine the maximum number of semesters or quarters	6000
for which a recipient is entitled to a scholarship under this	6001
section, the adjutant general shall convert a recipient's credit	6002
hours of enrollment for each academic term into eligibility units	6003
in accordance with the following table:	6004

		The			6005
Number of		following		The following	6006
credit hours		number of		number of	6007
of enrollment		eligibility		eligibility	6008
in an academic		units if a		units if a	6009
term	equals	semester	or	quarter	6010
					6011
12 or more hours		12 units		8 units	6012
9 but less than 12		9 units		6 units	6013
6 but less than 9		6 units		4 units	6014
3 but less than 6		3 units		2 units	6015

(2) A scholarship recipient under this section may continue	6016
to apply for scholarships under this section until the recipient	6017
has accumulated ninety-six eligibility units.	6018

(3) If a scholarship recipient withdraws from courses prior	6019
to the end of an academic term so that the recipient's enrollment	6020
for that academic term is less than three credit hours, no	6021
scholarship shall be paid on behalf of that person for that	6022
academic term. Except as provided in division (F)(3) of this	6023
section, if a scholarship has already been paid on behalf of the	6024
person for that academic term, the adjutant general shall add to	6025
that person's accumulated eligibility units the number of	6026
eligibility units for which the scholarship was paid.	6027

(F) This division applies to any eligible applicant called	6028
into active duty on or after September 11, 2001. As used in this	6029
division, "active duty" means active duty pursuant to an executive	6030
order of the president of the United States, an act of the	6031
congress of the United States, or section 5919.29 or 5923.21 of	6032
the Revised Code.	6033

(1) For a period of up to five years from when an	6034
individual's enlistment obligation in the Ohio national guard	6035
ends, an individual to whom this division applies is eligible for	6036
scholarships under this section for those academic terms that were	6037
missed or could have been missed as a result of the individual's	6038
call into active duty. Scholarships shall not be paid for the	6039
academic term in which an eligible applicant's enlistment	6040
obligation ends unless an applicant is eligible under this	6041
division for a scholarship for such academic term due to previous	6042
active duty.	6043

(2) When an individual to whom this division applies	6044
withdraws or otherwise fails to complete courses, for which	6045
scholarships have been awarded under this section, because the	6046
individual was called into active duty, the institution of higher	6047
education shall grant the individual a leave of absence from the	6048
individual's education program and shall not impose any academic	6049
penalty for such withdrawal or failure to complete courses.	6050
Division (F)(2) of this section applies regardless of whether or	6051
not the scholarship amount was paid to the institution of higher	6052
education.	6053

(3) If an individual to whom this division applies withdraws	6054
or otherwise fails to complete courses because the individual was	6055
called into active duty, and if scholarships for those courses	6056
have already been paid, either:	6057

(a) The adjutant general shall not add to that person's	6058
accumulated eligibility units calculated under division (E) of	6059
this section the number of eligibility units for the academic	6060
courses or term for which the scholarship was paid and the	6061
institution of higher education shall repay the scholarship amount	6062
to the state.	6063

(b) The adjutant general shall add to that individual's	6064
accumulated eligibility units calculated under division (E) of	6065
this section the number of eligibility units for the academic	6066
courses or term for which the scholarship was paid if the	6067
institution of higher education agrees to permit the individual to	6068
complete the remainder of the academic courses in which the	6069
individual was enrolled at the time the individual was called into	6070
active duty.	6071

(4) No individual who is discharged from the Ohio national	6072
guard under other than honorable conditions shall be eligible for	6073
scholarships under this division.	6074

(G) A scholarship recipient under this section who fails to	6075
complete the term of enlistment, re-enlistment, or extension of	6076
current enlistment the recipient was serving at the time a	6077
scholarship was paid on behalf of the recipient under this section	6078
is liable to the state for repayment of a percentage of all Ohio	6079
national guard scholarships paid on behalf of the recipient under	6080
this section, plus interest at the rate of ten per cent per annum	6081
calculated from the dates the scholarships were paid. This	6082
percentage shall equal the percentage of the current term of	6083
enlistment, re-enlistment, or extension of enlistment a recipient	6084
has not completed as of the date the recipient is discharged from	6085
the Ohio national guard.	6086

The attorney general may commence a civil action on behalf of	6087
the chancellor of the Ohio board of regents to recover the amount	6088
of the scholarships and the interest provided for in this division	6089
and the expenses incurred in prosecuting the action, including	6090
court costs and reasonable attorney's fees. A scholarship	6091
recipient is not liable under this division if the recipient's	6092
failure to complete the term of enlistment being served at the	6093
time a scholarship was paid on behalf of the recipient under this	6094
section is due to the recipient's death or discharge from the	6095
national guard due to disability.	6096

(H) On or before the first day of each academic term, the	6097
adjutant general shall provide an eligibility roster to the	6098
chancellor and to each institution of higher education at which	6099
one or more scholarship recipients have applied for enrollment.	6100
The institution shall use the roster to certify the actual	6101
full-time or part-time enrollment of each scholarship recipient	6102
listed as enrolled at the institution and return the roster to the	6103
adjutant general and the chancellor. Except as provided in	6104
division (J) of this section, the chancellor shall provide for	6105
payment of the appropriate number and amount of scholarships to	6106
each institution of higher education pursuant to division (D) of	6107
this section. If an institution of higher education fails to	6108
certify the actual enrollment of a scholarship recipient listed as	6109
enrolled at the institution within thirty days of the end of an	6110
academic term, the institution shall not be eligible to receive	6111
payment from the Ohio national guard scholarship program or from	6112
the individual enrollee. The adjutant general shall report on a	6113
~~semi-annual~~semiannual basis to the director of budget and	6114
management, the speaker of the house of representatives, the	6115
president of the senate, and the chancellor the number of Ohio	6116
national guard scholarship recipients, the size of the	6117
scholarship-eligible population, and a projection of the cost of	6118
the program for the remainder of the biennium.	6119

(I) The chancellor and the adjutant general may adopt rules	6120
pursuant to Chapter 119. of the Revised Code governing the	6121
administration and fiscal management of the Ohio national guard	6122
scholarship program and the procedure by which the chancellor and	6123
the department of the adjutant general may modify the amount of	6124
scholarships a member receives based on the amount of other state	6125
financial aid a member receives.	6126

(J) The adjutant general, the chancellor, and the director,	6127
or their designees, shall jointly estimate the costs of the Ohio	6128
national guard scholarship program for each upcoming fiscal	6129
biennium, and shall report that estimate prior to the beginning of	6130
the fiscal biennium to the chairpersons of the finance committees	6131
in the general assembly. During each fiscal year of the biennium,	6132
the adjutant general, the chancellor, and the director, or their	6133
designees, shall meet regularly to monitor the actual costs of the	6134
Ohio national guard scholarship program and update cost	6135
projections for the remainder of the biennium as necessary. If the	6136
amounts appropriated for the Ohio national guard scholarship	6137
program and any funds in the Ohio national guard scholarship	6138
reserve fund are not adequate to provide scholarships in the	6139
amounts specified in division (D)(1) of this section for all	6140
eligible applicants, the chancellor shall do all of the following:	6141

(1) Notify each private institution of higher education,	6142
where a scholarship recipient is enrolled, that, by accepting the	6143
Ohio national guard scholarship program as payment for all or part	6144
of the institution's tuition, the institution agrees that if the	6145
chancellor reduces the amount of each scholarship, the institution	6146
shall provide each scholarship recipient a grant or tuition waiver	6147
in an amount equal to the amount the recipient's scholarship was	6148
reduced by the chancellor.	6149

(2) Reduce the amount of each scholarship under division	6150
(D)(1)(a) of this section proportionally based on the amount of	6151
remaining available funds. Each state institution of higher	6152
education shall provide each scholarship recipient under division	6153
(D)(1)(a) of this section a grant or tuition waiver in an amount	6154
equal to the amount the recipient's scholarship was reduced by the	6155
chancellor.	6156

(K) Notwithstanding division (A) of section 127.14 of the	6157
Revised Code, the controlling board shall not transfer all or part	6158
of any appropriation for the Ohio national guard scholarship	6159
program.	6160

(L) The chancellor and the adjutant general may apply for,	6161
and may receive and accept grants, and may receive and accept	6162
gifts, bequests, and contributions, from public and private	6163
sources, including agencies and instrumentalities of the United	6164
States and this state, and shall deposit the grants, gifts,	6165
bequests, or contributions into the national guard scholarship	6166
reserve fund.	6167

Section 2. That existing sections 3301.079, 3301.0710,	6168
3301.0711, 3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,	6169
3302.03, 3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12,	6170
3302.20, 3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473,	6171
3313.608, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016,	6172
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11,	6173
3319.111, 3319.112, 3319.58, 3326.03, 3333.041, 3333.048,	6174
3333.391, 5910.01, 5910.02, and 5919.34 of the Revised Code are	6175
hereby repealed.	6176

Section 3. As Ohio prepares to transition to the more	6177
rigorous Common Core State Standards that are scheduled to be	6178
fully implemented in the 2014-2015 school year, it is the intent	6179
of the General Assembly to put a new accountability system in	6180
place to help prepare the state's students, parents, schools, and	6181
communities for the increased demands of a 21st Century education	6182
and to assure that our youngest students are provided the skills	6183
to successfully progress through our primary and secondary	6184
education system as evidenced by an emphasis on early literacy.	6185
The General Assembly intends that the system created in this act	6186
will assist our schools in the move to the Common Core through a	6187
comprehensive, data-driven evaluation system that can lead to	6188
academic excellence in schools across Ohio and will focus on the	6189
goal of assuring that all of our children graduate from high	6190
school adequately prepared to be successful in college or in the	6191
career of their choice. Further, the General Assembly intends that	6192
the system will pay special attention to closing the achievement	6193
gap that historically has left too many of our students behind.	6194

Section 4. Not later than August 31, 2013, the state board of	6195
education shall submit to the General Assembly under section	6196
101.68 of the Revised Code recommendations for a comprehensive	6197
statewide plan to intervene directly in and improve the	6198
performance of persistently poor performing schools and school	6199
districts. For purposes of fulfilling the requirements of this	6200
section, "persistently poor performing schools and school	6201
districts" means any of the following:	6202

(A) Priority schools and focus schools as defined by the	6203
Elementary and Secondary Education Act waiver issued by the United	6204
States Department of Education under the No Child Left Behind Act	6205
of 2001;	6206

(B) Schools and school districts that have been in school	6207
improvement status as defined by the United States Department of	6208
Education for four of the five most recent school years;	6209

(C) Schools and school districts whose performance index	6210
score places them in the bottom five per cent of schools statewide	6211
for three of the five most recent school years;	6212

(D) Schools and school districts that have a value-added	6213
progress dimension grade of "F" for three of the five most recent	6214
school years under section 3302.03 of the Revised Code, as amended	6215
by this act, or the equivalent measure.	6216

Section 5. Not later than December 31, 2013, the Department	6217
of Education shall review the additional information included on	6218
the school district and building report cards described in	6219
division (H) of section 3302.03 of the Revised Code, as amended by	6220
this act, and shall submit to the Governor and the General	6221
Assembly, in accordance with section 101.68 of the Revised Code,	6222
recommendations for revisions to make the report cards easier to	6223
read and understand.	6224

Section 6. The amendment of section 3314.016 of the Revised	6225
Code shall take effect January 1, 2015.	6226

Section 7. For purposes of preparing to implement the	6227
community school sponsor rating system prescribed by section	6228
3314.016 of the Revised Code, as amended by this act, not later	6229
than March 31, 2013, the Department of Education, in consultation	6230
with entities that sponsor community schools, shall prescribe	6231
quality practices for community school sponsors, develop an	6232
instrument to measure adherence to those quality practices, and	6233
publish the quality practices and instrument, so that they are	6234
available to entities that sponsor community schools prior to	6235
their implementation. The quality practices developed under this	6236
section shall be based on standards developed by the National	6237
Association of Charter School Authorizers or any other nationally	6238
organized community school organization.	6239

Section 8. That Section 267.10.90 of Am. Sub. H.B. 153 of the	6240
129th General Assembly, as amended by Am. Sub. S.B. 316 of the	6241
129th General Assembly, be amended to read as follows:	6242

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	6243
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	6244
Revised Code, the administration of the English language arts	6245
assessments for elementary grades as a replacement for the	6246
separate reading and writing assessments prescribed by sections	6247
3301.0710 and 3301.0711 of the Revised Code, as those sections	6248
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	6249
shall not be required until a date prescribed by rule of the State	6250
Board of Education. Until that date, the Department of Education	6251
and school districts and schools shall continue to administer	6252
separate reading assessments for elementary grades, as prescribed	6253
by the versions of sections 3301.0710 and 3301.0711 of the Revised	6254
Code that were in effect prior to the effective date of Section	6255
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	6256
intent for delaying implementation of the replacement English	6257
language arts assessment is to provide adequate time for the	6258
complete development of the new assessment.	6259

(B) ~~Notwithstanding anything to the contrary in section~~	6260
~~3301.0710 of the Revised Code, the State Board shall not prescribe~~	6261
~~the three ranges of scores for the assessments prescribed by~~	6262
~~division (A)(2) of section 3301.0710 of the Revised Code, as~~	6263
~~amended by Am. Sub. H.B. 1 of the 128th General Assembly, until~~	6264
~~the Board adopts the rule required by division (A) of this~~	6265
~~section. Until that date, the Board shall continue to prescribe~~	6266
~~the five ranges of scores required by the version of section~~	6267
~~3301.0710 of the Revised Code in effect prior to the effective~~	6268
~~date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General~~	6269
~~Assembly, and the range of scores designated by the State Board as~~	6270
~~a proficient level of skill remains the passing score on the Ohio~~	6271
~~Graduation Tests for purposes of sections 3313.61, 3313.611,~~	6272
~~3313.612, and 3325.08 of the Revised Code.~~	6273

~~(C)~~ Not later than December 31, 2013, the State Board shall	6274
submit to the General Assembly recommended changes to divisions	6275
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary	6276
to successfully implement the common core curriculum and	6277
assessments in the 2014-2015 school year.	6278

~~(D)~~(C) This section is not subject to expiration after June	6279
30, 2013, under Section 809.10 of this act.	6280

Section 9. That existing Section 267.10.90 of Am. Sub. H.B.	6281
153 of the 129th General Assembly, as amended by Am. Sub. S.B. 316	6282
of the 129th General Assembly, is hereby repealed.	6283

Section 10. The General Assembly, applying the principle	6284
stated in division (B) of section 1.52 of the Revised Code that	6285
amendments are to be harmonized if reasonably capable of	6286
simultaneous operation, finds that the following sections,	6287
presented in this act as composites of the sections as amended by	6288
the acts indicated, are the resulting versions of the sections in	6289
effect prior to the effective date of the sections as presented in	6290
this act:	6291

Section 3301.0714 of the Revised Code as amended by both Am.	6292
Sub. H.B. 386 and Am. Sub. S.B. 316 of the 129th General Assembly.	6293

Section 3302.03 of the Revised Code as amended by both Sub.	6294
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	6295

Section 3319.112 of the Revised Code as amended by both Sub.	6296
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	6297