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To amend sections 3301.079, 3301.0710, 3301.0711, | 1 |
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021, | 2 |
3302.03, 3302.033, 3302.04, 3302.041, 3302.05, | 3 |
3302.10, 3302.12, 3302.20, 3302.21, 3310.03, | 4 |
3310.06, 3311.741, 3311.80, 3313.473, 3313.608, | 5 |
3314.011, 3314.012, 3314.013, 3314.015, 3314.016, | 6 |
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, | 7 |
3317.081, 3319.11, 3319.111, 3319.112, 3319.58, | 8 |
3326.03, 3333.041, 3333.048, 3333.391, 5910.01, | 9 |
5910.02, and 5919.34; to enact sections 3302.034, | 10 |
3302.036, 3310.16, 3314.017, 3314.351, 3314.361, | 11 |
and 5910.07 of the Revised Code; and to amend | 12 |
Section 267.10.90 of Am. Sub. H.B. 153 of the | 13 |
129th General Assembly, as subsequently amended, | 14 |
to create a new academic performance rating system | 15 |
for public schools; to require an alternative | 16 |
rating system for community schools with dropout | 17 |
prevention and recovery programs; to create a new | 18 |
evaluation process for community school sponsors; | 19 |
to abolish the Ohio Accountability Task Force to | 20 |
make changes in the third grade reading guarantee; | 21 |
to modify the procedure for approving the opening | 22 |
of new Internet- or computer-based community | 23 |
schools; to make changes in the War Orphans | 24 |
Scholarship and Ohio National Guard Scholarship | 25 |
programs; and to make other changes to education | 26 |
laws. | 27 |
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: | 43 |
(i) The core academic content and skills that students are | 44 |
expected to know and be able to do at each grade level that will | 45 |
allow each student to be prepared for postsecondary instruction | 46 |
and the workplace for success in the twenty-first century; | 47 |
(ii) The development of skill sets that promote information, | 48 |
media, and technological literacy; | 49 |
(iii) Interdisciplinary, project-based, real-world learning | 50 |
opportunities. | 51 |
(b) Not later than July 1, 2012, the state board shall | 52 |
incorporate into the social studies standards for grades four to | 53 |
twelve academic content regarding the original texts of the | 54 |
Declaration of Independence, the Northwest Ordinance, the | 55 |
Constitution of the United States and its amendments, with | 56 |
emphasis on the Bill of Rights, and the Ohio Constitution, and | 57 |
their original context. The state board shall revise the model | 58 |
curricula and achievement assessments adopted under divisions (B) | 59 |
and (C) of this section as necessary to reflect the additional | 60 |
American history and American government content. The state board | 61 |
shall make available a list of suggested grade-appropriate | 62 |
supplemental readings that place the documents prescribed by this | 63 |
division in their historical context, which teachers may use as a | 64 |
resource to assist students in reading the documents within that | 65 |
context. | 66 |
(2) After completing the standards required by division | 67 |
(A)(1) of this section, the state board shall adopt standards and | 68 |
model curricula for instruction in technology, financial literacy | 69 |
and entrepreneurship, fine arts, and foreign language for grades | 70 |
kindergarten through twelve. The standards shall meet the same | 71 |
requirements prescribed in division (A)(1)(a) of this section. | 72 |
(3) The state board shall adopt the most recent standards | 73 |
developed by the national association for sport and physical | 74 |
education for physical education in grades kindergarten through | 75 |
twelve or shall adopt its own standards for physical education in | 76 |
those grades and revise and update them periodically. | 77 |
The department of education shall employ a full-time physical | 78 |
education coordinator to provide guidance and technical assistance | 79 |
to districts, community schools, and STEM schools in implementing | 80 |
the physical education standards adopted under this division. The | 81 |
superintendent of public instruction shall determine that the | 82 |
person employed as coordinator is qualified for the position, as | 83 |
demonstrated by possessing an adequate combination of education, | 84 |
license, and experience. | 85 |
(4) When academic standards have been completed for any | 86 |
subject area required by this section, the state board shall | 87 |
inform all school districts, all community schools established | 88 |
under Chapter 3314. of the Revised Code, all STEM schools | 89 |
established under Chapter 3326. of the Revised Code, and all | 90 |
nonpublic schools required to administer the assessments | 91 |
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code | 92 |
of the content of those standards. | 93 |
(B)(1) The state board shall adopt a model curriculum for | 94 |
instruction in each subject area for which updated academic | 95 |
standards are required by division (A)(1) of this section and for | 96 |
each of grades kindergarten through twelve that is sufficient to | 97 |
meet the needs of students in every community. The model | 98 |
curriculum shall be aligned with the standards, to ensure that the | 99 |
academic content and skills specified for each grade level are | 100 |
taught to students, and shall demonstrate vertical articulation | 101 |
and emphasize coherence, focus, and rigor. When any model | 102 |
curriculum has been completed, the state board shall inform all | 103 |
school districts, community schools, and STEM schools of the | 104 |
content of that model curriculum. | 105 |
(2) Not later than June 30, 2013, the state board, in | 106 |
consultation with any office housed in the governor's office that | 107 |
deals with workforce development, shall adopt model curricula for | 108 |
grades kindergarten through twelve that embed career connection | 109 |
learning strategies into regular classroom instruction. | 110 |
(3) All school districts, community schools, and STEM schools | 111 |
may utilize the state standards and the model curriculum | 112 |
established by the state board, together with other relevant | 113 |
resources, examples, or models to ensure that students have the | 114 |
opportunity to attain the academic standards. Upon request, the | 115 |
department shall provide technical assistance to any district, | 116 |
community school, or STEM school in implementing the model | 117 |
curriculum. | 118 |
Nothing in this section requires any school district to | 119 |
utilize all or any part of a model curriculum developed under this | 120 |
section. | 121 |
(C) The state board shall develop achievement assessments | 122 |
aligned with the academic standards and model curriculum for each | 123 |
of the subject areas and grade levels required by divisions (A)(1) | 124 |
and (B)(1) of section 3301.0710 of the Revised Code. | 125 |
When any achievement assessment has been completed, the state | 126 |
board shall inform all school districts, community schools, STEM | 127 |
schools, and nonpublic schools required to administer the | 128 |
assessment of its completion, and the department shall make the | 129 |
achievement assessment available to the districts and schools. | 130 |
(D)(1) The state board shall adopt a diagnostic assessment | 131 |
aligned with the academic standards and model curriculum for each | 132 |
of grades kindergarten through two in | 133 |
reading, writing, and mathematics and for grade three in | 134 |
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) | 222 |
designed to measure the level of English language arts | 223 |
mathematics, and social studies skill expected at the end of | 224 |
fourth grade; | 225 |
(c) | 226 |
designed to measure the level of English language arts, | 227 |
mathematics, and science | 228 |
end of fifth grade; | 229 |
(d) | 230 |
designed to measure the level of English language arts | 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) | 237 |
designed to measure the level of English language arts, | 238 |
mathematics, and science | 239 |
end of eighth grade. | 240 |
(2) The state board shall determine and designate at least | 241 |
242 | |
described in divisions (A)(1) and (B)(1) of this section. Each | 243 |
range of scores shall be deemed to demonstrate a level of | 244 |
achievement so that any student attaining a score within such | 245 |
range has achieved one of the following: | 246 |
(a) An advanced level of skill; | 247 |
(b) An accelerated level of skill; | 248 |
(c) A proficient level of skill; | 249 |
| 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) | 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) | 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) | 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 |
| 320 |
321 | |
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325 | |
326 | |
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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) | 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 | 398 |
399 | |
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 |
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 | 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) | 1203 |
1204 | |
1205 |
| 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 |
| 1215 |
prior to the first day of school and not later than the first day | 1216 |
of October. For the purpose of division (A) | 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 |
| 1222 |
grade. | 1223 |
(B) Each district board shall administer each diagnostic | 1224 |
assessment | 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 |
| 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 |
| 1261 |
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 |
1275 | |
1276 | |
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 | 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 | 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, | 1359 |
available within the district, and other indicators of student | 1360 |
success. | 1361 |
1362 |
Beginning with the report card for the 2014-2015 school year, | 1363 |
the performance | 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 |
| 1388 |
1389 | |
1390 | |
1391 | |
1392 | |
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. | 1408 |
1409 | |
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 |
| 1451 |
1452 | |
1453 |
| 1454 |
1455 | |
1456 | |
1457 |
| 1458 |
1459 |
| 1460 |
1461 |
| 1462 |
1463 | |
1464 |
| 1465 |
1466 |
| 1467 |
1468 |
| 1469 |
1470 |
| 1471 |
1472 |
| 1473 |
1474 |
| 1475 |
1476 |
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1478 | |
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on all issues related to the school district and building | 1505 |
accountability system established under this chapter; | 1506 |
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| 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 | 1969 |
and progress, the department shall disaggregate that data | 1970 |
according to the following categories: | 1971 |
| 1972 |
| 1973 |
| 1974 |
| 1975 |
enrolled in a district or school for three or more years; | 1976 |
| 1977 |
enrolled in a district or school for more than one year and less | 1978 |
than three years; | 1979 |
| 1980 |
enrolled in a district or school for one year or less; | 1981 |
| 1982 |
economically disadvantaged; | 1983 |
| 1984 |
enrolled in a conversion community school established under | 1985 |
Chapter 3314. of the Revised Code; | 1986 |
| 1987 |
classified as limited English proficient; | 1988 |
| 1989 |
disabilities; | 1990 |
| 1991 |
classified as migrants; | 1992 |
| 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 |
2010 |
In reporting data pursuant to division | 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 | 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 |
| 2021 |
additional education and fiscal performance data it deems | 2022 |
valuable. | 2023 |
| 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 |
| 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 |
| 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 | 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 |
| 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 | 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 |
| 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 |
| 2068 |
students enrolled in that community school combined with | 2069 |
comparable data from the schools of the district for the purpose | 2070 |
of | 2071 |
whole on the district's report card; | 2072 |
| 2073 |
community school noted separately on the district's report card. | 2074 |
The election authorized under division | 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 | 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 |
| 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 |
| 2088 |
2089 | |
2090 | |
2091 | |
2092 |
| 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 | 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 |
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 | 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 | 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) | 2276 |
that begins on July 1, 2012, when a school district or building | 2277 |
has been notified by the department pursuant to | 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) | 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) | 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 |
| 2315 |
school district after June 30, 2008. Site evaluations conducted | 2316 |
under divisions (D)(1) | 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 | 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 | 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 | 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. | 2544 |
2545 | |
2546 | |
2547 | |
2548 |
| 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 | 2562 |
2563 | |
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. | 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 | 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 |
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. | 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 | 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, | 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 |
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
| 2808 |
section: | 2809 |
| 2810 |
superintendent to reassign the students enrolled in the school to | 2811 |
other school buildings that demonstrate higher academic | 2812 |
achievement; | 2813 |
| 2814 |
or for-profit entity with a demonstrated record of effectiveness | 2815 |
to operate the school; | 2816 |
| 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 |
| 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 | 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 | 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 | 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 | 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 | 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 | 3056 |
3057 | |
3058 | |
3059 | |
under section 3302.03 of the Revised Code | 3060 |
prior to the effective date of this amendment. | 3061 |
(b) | 3062 |
3063 | |
3064 | |
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 | 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 | 3104 |
3105 | |
3106 | |
3107 | |
3108 |
| 3109 |
3110 | |
3111 | |
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 | 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 | 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 | 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 | 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 | 3394 |
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 | 3407 |
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 |
| 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 |
| 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 |
| 3441 |
described by division | 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 | 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 |
(c) Retain the student in third grade. | 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 | 3520 |
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 | 3553 |
3554 | |
monitoring plan required by division (C) of this section. | 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 | 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 | 3579 |
3580 | |
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 | 3630 |
3631 | |
3632 | |
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 | 3733 |
3734 | |
3735 | |
3736 | |
3737 | |
3738 | |
3739 | |
3740 | |
3741 | |
3742 | |
3743 | |
3744 | |
3745 | |
3746 | |
3747 | |
3748 | |
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) | 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 | 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 | 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 | 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 | 3811 |
after the effective date of this amendment. | 3812 |
(B)(1) Beginning | 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 | 3816 |
3817 | |
3818 | |
3819 | |
3820 | |
3821 | |
3822 | |
3823 | |
3824 | |
3825 | |
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 | 3929 |
pursuant to criteria | 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
| 3936 |
board is final. | 3937 |
(3) The | 3938 |
pursuant to criteria | 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 |
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 | 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 | 4003 |
4004 | |
"ineffective" under division (B)(6) of this section. | 4005 |
(B)(1) For purposes of this section, the department shall | 4006 |
develop | 4007 |
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 | 4021 |
4022 | |
following: | 4023 |
(a) All community schools that have been in operation for | 4024 |
4025 |
(b) All community schools described in division (A) | 4026 |
of section 3314.35 of the Revised Code | 4027 |
4028 | |
4029 | |
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 | 4054 |
sponsor community schools | 4055 |
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
| 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 |
(c) Does not meet standards. | 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 | 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 |
(c) A big eight school district; | 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 | 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 | 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 | 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 | 4424 |
4425 | |
4426 | |
4427 | |
4428 | |
may continue in existence once the school district | 4429 |
4430 | |
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 | 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) | 4589 |
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) | 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) | 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 | 4728 |
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 |
| 4754 |
4755 | |
4756 | |
4757 | |
4758 | |
4759 | |
4760 | |
4761 | |
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) | 4788 |
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. | 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 | 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 | 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 | 5322 |
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 | 5330 |
5331 | |
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 |
(c) Developing; | 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 | 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 |
(C) Each proposal shall include at least the following: | 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 |
(c) Includes the arts and humanities; | 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 | 5656 |
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 | 5678 |
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 | 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 | 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 |
(c) Spring term, which consists of spring quarter; | 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 |
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) | 6260 |
6261 | |
6262 | |
6263 | |
6264 | |
6265 | |
6266 | |
6267 | |
6268 | |
6269 | |
6270 | |
6271 | |
6272 | |
6273 |
| 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 |
| 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 |