As Reported by the Committee of Conference

129th General Assembly Regular Session 2011-2012

Am. Sub. S. B. No. 165

Senators Obhof, Grendell 

Cosponsors: Senators Faber, Hughes, Jones, Jordan, Schaffer, Seitz, Sawyer, Hite, Bacon, Beagle, Brown, Coley, Daniels, LaRose, Lehner, Manning, Niehaus, Oelslager, Patton, Wagoner, Widener, Wilson 

Representatives Baker, Roegner, Butler, Hayes, Adams, J., Anielski, Boose, Brenner, Bubp, Dovilla, Hackett, Henne, Hill, Maag, Martin, Newbold, Ruhl, Slaby, Stebelton, Terhar, Thompson, Young 

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A BILL

To amend sections 3301.079, 3301.0712, 3313.60,

1

3313.603, 3313.61, and 3313.612 and to enact

2

section 3319.23 of the Revised Code to include

3

content on specified historical documents in the

4

state academic standards and in the high school

5

American history and government curriculum.

6

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

Section 1. That sections 3301.079, 3301.0712, 3313.60,	7
3313.603, 3313.61, and 3313.612 be amended and section 3319.23 of	8
the Revised Code be enacted to read as follows:	9

Sec. 3301.079.  (A)(1) Not later than June 30, 2010, and	10
periodically thereafter, the state board of education shall adopt	11
statewide academic standards with emphasis on coherence, focus,	12
and rigor for each of grades kindergarten through twelve in	13
English language arts, mathematics, science, and social studies.	14

(a) The standards shall specify the following:

15

(a)(i) The core academic content and skills that students are	16
expected to know and be able to do at each grade level that will	17
allow each student to be prepared for postsecondary instruction	18
and the workplace for success in the twenty-first century;	19

(b)(ii) The development of skill sets that promote	20
information, media, and technological literacy;	21

(c)(iii) Interdisciplinary, project-based, real-world	22
learning opportunities.	23

(b) Not later than July 1, 2012, the state board shall	24
incorporate into the social studies standards for grades four to	25
twelve academic content regarding the original texts of the	26
Declaration of Independence, the Northwest Ordinance, the	27
Constitution of the United States and its amendments, with	28
emphasis on the Bill of Rights, and the Ohio Constitution, and	29
their original context. The state board shall revise the model	30
curricula and achievement assessments adopted under divisions (B)	31
and (C) of this section as necessary to reflect the additional	32
American history and American government content. The state board	33
shall make available a list of suggested grade-appropriate	34
supplemental readings that place the documents prescribed by this	35
division in their historical context, which teachers may use as a	36
resource to assist students in reading the documents within that	37
context.	38

(2) After completing the standards required by division	39
(A)(1) of this section, the state board shall adopt standards and	40
model curricula for instruction in technology, financial literacy	41
and entrepreneurship, fine arts, and foreign language for grades	42
kindergarten through twelve. The standards shall meet the same	43
requirements prescribed in divisionsdivision (A)(1)(a) to (c) of	44
this section.	45

(3) The state board shall adopt the most recent standards	46
developed by the national association for sport and physical	47
education for physical education in grades kindergarten through	48
twelve or shall adopt its own standards for physical education in	49
those grades and revise and update them periodically.	50

The department shall employ a full-time physical education	51
coordinator to provide guidance and technical assistance to	52
districts, community schools, and STEM schools in implementing the	53
physical education standards adopted under this division. The	54
superintendent of public instruction shall determine that the	55
person employed as coordinator is qualified for the position, as	56
demonstrated by possessing an adequate combination of education,	57
license, and experience.	58

(4) When academic standards have been completed for any	59
subject area required by this section, the state board shall	60
inform all school districts, all community schools established	61
under Chapter 3314. of the Revised Code, all STEM schools	62
established under Chapter 3326. of the Revised Code, and all	63
nonpublic schools required to administer the assessments	64
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	65
of the content of those standards.	66

(B) Not later than March 31, 2011, the state board shall	67
adopt a model curriculum for instruction in each subject area for	68
which updated academic standards are required by division (A)(1)	69
of this section and for each of grades kindergarten through twelve	70
that is sufficient to meet the needs of students in every	71
community. The model curriculum shall be aligned with the	72
standards, to ensure that the academic content and skills	73
specified for each grade level are taught to students, and shall	74
demonstrate vertical articulation and emphasize coherence, focus,	75
and rigor. When any model curriculum has been completed, the state	76
board shall inform all school districts, community schools, and	77
STEM schools of the content of that model curriculum.	78

All school districts, community schools, and STEM schools may	79
utilize the state standards and the model curriculum established	80
by the state board, together with other relevant resources,	81
examples, or models to ensure that students have the opportunity	82
to attain the academic standards. Upon request, the department of	83
education shall provide technical assistance to any district,	84
community school, or STEM school in implementing the model	85
curriculum.	86

Nothing in this section requires any school district to	87
utilize all or any part of a model curriculum developed under this	88
division.	89

(C) The state board shall develop achievement assessments	90
aligned with the academic standards and model curriculum for each	91
of the subject areas and grade levels required by divisions (A)(1)	92
and (B)(1) of section 3301.0710 of the Revised Code.	93

When any achievement assessment has been completed, the state	94
board shall inform all school districts, community schools, STEM	95
schools, and nonpublic schools required to administer the	96
assessment of its completion, and the department of education	97
shall make the achievement assessment available to the districts	98
and schools.	99

(D)(1) The state board shall adopt a diagnostic assessment	100
aligned with the academic standards and model curriculum for each	101
of grades kindergarten through two in English language arts and	102
mathematics and for grade three in English language arts. The	103
diagnostic assessment shall be designed to measure student	104
comprehension of academic content and mastery of related skills	105
for the relevant subject area and grade level. Any diagnostic	106
assessment shall not include components to identify gifted	107
students. Blank copies of diagnostic assessments shall be public	108
records.	109

(2) When each diagnostic assessment has been completed, the	110
state board shall inform all school districts of its completion	111
and the department of education shall make the diagnostic	112
assessment available to the districts at no cost to the district.	113
School districts shall administer the diagnostic assessment	114
pursuant to section 3301.0715 of the Revised Code beginning the	115
first school year following the development of the assessment.	116

(E) The state board shall not adopt a diagnostic or	117
achievement assessment for any grade level or subject area other	118
than those specified in this section.	119

(F) Whenever the state board or the department of education	120
consults with persons for the purpose of drafting or reviewing any	121
standards, diagnostic assessments, achievement assessments, or	122
model curriculum required under this section, the state board or	123
the department shall first consult with parents of students in	124
kindergarten through twelfth grade and with active Ohio classroom	125
teachers, other school personnel, and administrators with	126
expertise in the appropriate subject area. Whenever practicable,	127
the state board and department shall consult with teachers	128
recognized as outstanding in their fields.	129

If the department contracts with more than one outside entity	130
for the development of the achievement assessments required by	131
this section, the department shall ensure the interchangeability	132
of those assessments.	133

(G) The fairness sensitivity review committee, established by	134
rule of the state board of education, shall not allow any question	135
on any achievement or diagnostic assessment developed under this	136
section or any proficiency test prescribed by former section	137
3301.0710 of the Revised Code, as it existed prior to September	138
11, 2001, to include, be written to promote, or inquire as to	139
individual moral or social values or beliefs. The decision of the	140
committee shall be final. This section does not create a private	141
cause of action.	142

(H) Not later than forty-five days prior to the initial	143
deadline established under division (A)(1) of this section and the	144
deadline established under division (B) of this section, the	145
superintendent of public instruction shall present the academic	146
standards or model curricula, as applicable, to the respective	147
committees of the house of representatives and senate that	148
consider education legislation.	149

(I) As used in this section:

150

(1) "Coherence" means a reflection of the structure of the	151
discipline being taught.	152

(2) "Focus" means limiting the number of items included in a	153
curriculum to allow for deeper exploration of the subject matter.	154

(3) "Rigor" means more challenging and demanding when	155
compared to international standards.	156

(4) "Vertical articulation" means key academic concepts and	157
skills associated with mastery in particular content areas should	158
be articulated and reinforced in a developmentally appropriate	159
manner at each grade level so that over time students acquire a	160
depth of knowledge and understanding in the core academic	161
disciplines.	162

Sec. 3301.0712.  (A) The state board of education, the	163
superintendent of public instruction, and the chancellor of the	164
Ohio board of regents shall develop a system of college and work	165
ready assessments as described in divisions (B)(1) and (2) of this	166
section to assess whether each student upon graduating from high	167
school is ready to enter college or the workforce. The system	168
shall replace the Ohio graduation tests prescribed in division	169
(B)(1) of section 3301.0710 of the Revised Code as a measure of	170
student academic performance and a prerequisite for eligibility	171
for a high school diploma in the manner prescribed by rule of the	172
state board adopted under division (D) of this section.	173

(B) The college and work ready assessment system shall	174
consist of the following:	175

(1) A nationally standardized assessment that measures	176
college and career readiness selected jointly by the state	177
superintendent and the chancellor.	178

(2) A series of end-of-course examinations in the areas of	179
science, mathematics, English language arts, American history, and	180
social studiesAmerican government selected jointly by the state	181
superintendent and the chancellor in consultation with faculty in	182
the appropriate subject areas at institutions of higher education	183
of the university system of Ohio. For each subject area, the state	184
superintendent and chancellor shall select multiple assessments	185
that school districts, public schools, and chartered nonpublic	186
schools may use as end-of-course examinations. ThoseSubject to	187
division (B)(3)(b) of this section, those assessments shall	188
include nationally recognized subject area assessments, such as	189
advanced placement examinations, SAT subject tests, international	190
baccalaureate examinations, and other assessments of college and	191
work readiness.	192

(3)(a) Not later than July 1, 2013, each school district	193
board of education shall adopt interim end-of-course examinations	194
that comply with the requirements of divisions (B)(3)(b)(i) and	195
(ii) of this section to assess mastery of American history and	196
American government standards adopted under division (A)(1)(b) of	197
section 3301.079 of the Revised Code and the topics required under	198
division (M) of section 3313.603 of the Revised Code. Each high	199
school of the district shall use the interim examinations until	200
the state superintendent and chancellor select end-of-course	201
examinations in American history and American government under	202
division (B)(2) of this section.	203

(b) Not later than July 1, 2014, the state superintendent and	204
the chancellor shall select the end-of-course examinations in	205
American history and American government.	206

(i) The end-of-course examinations in American history and	207
American government shall require demonstration of mastery of the	208
American history and American government content for social	209
studies standards adopted under division (A)(1)(b) of section	210
3301.079 of the Revised Code and the topics required under	211
division (M) of section 3313.603 of the Revised Code.	212

(ii) At least twenty per cent of the end-of-course	213
examination in American government shall address the topics on	214
American history and American government described in division (M)	215
of section 3313.603 of the Revised Code.	216

(C) Not later than thirty days after the state board adopts	217
the model curricula required by division (B) of section 3301.079	218
of the Revised Code, the state board shall convene a group of	219
national experts, state experts, and local practitioners to	220
provide advice, guidance, and recommendations for the alignment of	221
standards and model curricula to the assessments and in the design	222
of the end-of-course examinations prescribed by this section.	223

(D) Upon completion of the development of the assessment	224
system, the state board shall adopt rules prescribing all of the	225
following:	226

(1) A timeline and plan for implementation of the assessment	227
system, including a phased implementation if the state board	228
determines such a phase-in is warranted;	229

(2) The date after which a person entering ninth grade shall	230
meet the requirements of the entire assessment system as a	231
prerequisite for a high school diploma under section 3313.61,	232
3313.612, or 3325.08 of the Revised Code;	233

(3) The date after which a person shall meet the requirements	234
of the entire assessment system as a prerequisite for a diploma of	235
adult education under section 3313.611 of the Revised Code;	236

(4) Whether and the extent to which a person may be excused	237
from a social studiesan American history end-of-course	238
examination and an American government end-of-course examination	239
under division (H) of section 3313.61 and division (B)(2) of	240
section 3313.612 of the Revised Code;	241

(5) The date after which a person who has fulfilled the	242
curriculum requirement for a diploma but has not passed one or	243
more of the required assessments at the time the person fulfilled	244
the curriculum requirement shall meet the requirements of the	245
entire assessment system as a prerequisite for a high school	246
diploma under division (B) of section 3313.614 of the Revised	247
Code;	248

(6) The extent to which the assessment system applies to	249
students enrolled in a dropout recovery and prevention program for	250
purposes of division (F) of section 3313.603 and section 3314.36	251
of the Revised Code.	252

No rule adopted under this division shall be effective	253
earlier than one year after the date the rule is filed in final	254
form pursuant to Chapter 119. of the Revised Code.	255

(E) Not later than forty-five days prior to the state board's	256
adoption of a resolution directing the department of education to	257
file the rules prescribed by division (D) of this section in final	258
form under section 119.04 of the Revised Code, the superintendent	259
of public instruction shall present the assessment system	260
developed under this section to the respective committees of the	261
house of representatives and senate that consider education	262
legislation.	263

Sec. 3313.60.  Notwithstanding division (D) of section	264
3311.52 of the Revised Code, divisions (A) to (E) of this section	265
do not apply to any cooperative education school district	266
established pursuant to divisions (A) to (C) of section 3311.52 of	267
the Revised Code.	268

(A) The board of education of each city and exempted village	269
school district, the governing board of each educational service	270
center, and the board of each cooperative education school	271
district established pursuant to section 3311.521 of the Revised	272
Code shall prescribe a curriculum for all schools under their	273
control. Except as provided in division (E) of this section, in	274
any such curriculum there shall be included the study of the	275
following subjects:	276

(1) The language arts, including reading, writing, spelling,	277
oral and written English, and literature;	278

(2) Geography, the history of the United States and of Ohio,	279
and national, state, and local government in the United States,	280
including a balanced presentation of the relevant contributions to	281
society of men and women of African, Mexican, Puerto Rican, and	282
American Indian descent as well as other ethnic and racial groups	283
in Ohio and the United States;	284

(3) Mathematics;

285

(4) Natural science, including instruction in the	286
conservation of natural resources;	287

(5) Health education, which shall include instruction in:

288

(a) The nutritive value of foods, including natural and	289
organically produced foods, the relation of nutrition to health,	290
and the use and effects of food additives;	291

(b) The harmful effects of and legal restrictions against the	292
use of drugs of abuse, alcoholic beverages, and tobacco;	293

(c) Venereal disease education, except that upon written	294
request of the student's parent or guardian, a student shall be	295
excused from taking instruction in venereal disease education;	296

(d) In grades kindergarten through six, instruction in	297
personal safety and assault prevention, except that upon written	298
request of the student's parent or guardian, a student shall be	299
excused from taking instruction in personal safety and assault	300
prevention;	301

(e) In grades seven through twelve, age-appropriate	302
instruction in dating violence prevention education, which shall	303
include instruction in recognizing dating violence warning signs	304
and characteristics of healthy relationships.	305

In order to assist school districts in developing a dating	306
violence prevention education curriculum, the department of	307
education shall provide on its web site links to free curricula	308
addressing dating violence prevention.	309

If the parent or legal guardian of a student less than	310
eighteen years of age submits to the principal of the student's	311
school a written request to examine the dating violence	312
prevention instruction materials used at that school, the	313
principal, within a reasonable period of time after the request is	314
made, shall allow the parent or guardian to examine those	315
materials at that school.	316

(6) Physical education;

317

(7) The fine arts, including music;

318

(8) First aid, including a training program in	319
cardiopulmonary resuscitation, safety, and fire prevention, except	320
that upon written request of the student's parent or guardian, a	321
student shall be excused from taking instruction in	322
cardiopulmonary resuscitation.	323

(B) Except as provided in division (E) of this section, every	324
school or school district shall include in the requirements for	325
promotion from the eighth grade to the ninth grade one year's	326
course of study of American history. A board may waive this	327
requirement for academically accelerated students who, in	328
accordance with procedures adopted by the board, are able to	329
demonstrate mastery of essential concepts and skills of the eighth	330
grade American history course of study.	331

(C) ExceptAs specified in divisions (B)(6) and (C)(6) of	332
section 3313.603 of the Revised Code, except as provided in	333
division (E) of this section, every high school shall include in	334
the requirements for graduation from any curriculum oneone-half	335
unit each of American history and government, including a study of	336
the constitutions of the United States and of Ohio.	337

(D) Except as provided in division (E) of this section, basic	338
instruction or demonstrated mastery in geography, United States	339
history, the government of the United States, the government of	340
the state of Ohio, local government in Ohio, the Declaration of	341
Independence, the United States Constitution, and the Constitution	342
of the state of Ohio shall be required before pupils may	343
participate in courses involving the study of social problems,	344
economics, foreign affairs, United Nations, world government,	345
socialism and communism.	346

(E) For each cooperative education school district	347
established pursuant to section 3311.521 of the Revised Code and	348
each city, exempted village, and local school district that has	349
territory within such a cooperative district, the curriculum	350
adopted pursuant to divisions (A) to (D) of this section shall	351
only include the study of the subjects that apply to the grades	352
operated by each such school district. The curriculums for such	353
schools, when combined, shall provide to each student of these	354
districts all of the subjects required under divisions (A) to (D)	355
of this section.	356

(F) The board of education of any cooperative education	357
school district established pursuant to divisions (A) to (C) of	358
section 3311.52 of the Revised Code shall prescribe a curriculum	359
for the subject areas and grade levels offered in any school under	360
its control.	361

(G) Upon the request of any parent or legal guardian of a	362
student, the board of education of any school district shall	363
permit the parent or guardian to promptly examine, with respect to	364
the parent's or guardian's own child:	365

(1) Any survey or questionnaire, prior to its administration	366
to the child;	367

(2) Any textbook, workbook, software, video, or other	368
instructional materials being used by the district in connection	369
with the instruction of the child;	370

(3) Any completed and graded test taken or survey or	371
questionnaire filled out by the child;	372

(4) Copies of the statewide academic standards and each model	373
curriculum developed pursuant to section 3301.079 of the Revised	374
Code, which copies shall be available at all times during school	375
hours in each district school building.	376

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

377

(1) "One unit" means a minimum of one hundred twenty hours of	378
course instruction, except that for a laboratory course, "one	379
unit" means a minimum of one hundred fifty hours of course	380
instruction.	381

(2) "One-half unit" means a minimum of sixty hours of course	382
instruction, except that for physical education courses, "one-half	383
unit" means a minimum of one hundred twenty hours of course	384
instruction.	385

(B) Beginning September 15, 2001, except as required in	386
division (C) of this section and division (C) of section 3313.614	387
of the Revised Code, the requirements for graduation from every	388
high school shall include twenty units earned in grades nine	389
through twelve and shall be distributed as follows:	390

(1) English language arts, four units;

391

(2) Health, one-half unit;

392

(3) Mathematics, three units;

393

(4) Physical education, one-half unit;

394

(5) Science, two units until September 15, 2003, and three	395
units thereafter, which at all times shall include both of the	396
following:	397

(a) Biological sciences, one unit;

398

(b) Physical sciences, one unit.

399

(6) Social studies, three unitsHistory and government, one	400
unit, which shall comply with division (M) of this section and	401
shall include both of the following:	402

(a) American history, one-half unit;

403

(b) American government, one-half unit.

404

(7) Social studies, two units.

405

(8) Elective units, seven units until September 15, 2003, and	406
six units thereafter.	407

Each student's electives shall include at least one unit, or	408
two half units, chosen from among the areas of	409
business/technology, fine arts, and/or foreign language.	410

(C) Beginning with students who enter ninth grade for the	411
first time on or after July 1, 2010, except as provided in	412
divisions (D) to (F) of this section, the requirements for	413
graduation from every public and chartered nonpublic high school	414
shall include twenty units that are designed to prepare students	415
for the workforce and college. The units shall be distributed as	416
follows:	417

(1) English language arts, four units;

418

(2) Health, one-half unit, which shall include instruction in	419
nutrition and the benefits of nutritious foods and physical	420
activity for overall health;	421

(3) Mathematics, four units, which shall include one unit of	422
algebra II or the equivalent of algebra II;	423

(4) Physical education, one-half unit;

424

(5) Science, three units with inquiry-based laboratory	425
experience that engages students in asking valid scientific	426
questions and gathering and analyzing information, which shall	427
include the following, or their equivalent:	428

(a) Physical sciences, one unit;

429

(b) Life sciences, one unit;

430

(c) Advanced study in one or more of the following sciences,	431
one unit:	432

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

433

(ii) Advanced biology or other life science;

434

(iii) Astronomy, physical geology, or other earth or space	435
science.	436

(6) Social studies, three unitsHistory and government, one	437
unit, which shall comply with division (M) of this section and	438
shall include both of the following:	439

(a) American history, one-half unit;

440

(b) American government, one-half unit.

441

(7) Social studies, two units.

442

Each school shall integrate the study of economics and	443
financial literacy, as expressed in the social studies academic	444
content standards adopted by the state board of education under	445
division (A)(1) of section 3301.079 of the Revised Code and the	446
academic content standards for financial literacy and	447
entrepreneurship adopted under division (A)(2) of that section,	448
into one or more existing social studies credits required under	449
division (C)(6)(7) of this section, or into the content of another	450
class, so that every high school student receives instruction in	451
those concepts. In developing the curriculum required by this	452
paragraph, schools shall use available public-private partnerships	453
and resources and materials that exist in business, industry, and	454
through the centers for economics education at institutions of	455
higher education in the state.	456

(7)(8) Five units consisting of one or any combination of	457
foreign language, fine arts, business, career-technical education,	458
family and consumer sciences, technology, agricultural education,	459
a junior reserve officer training corps (JROTC) program approved	460
by the congress of the United States under title 10 of the United	461
States Code, or English language arts, mathematics, science, or	462
social studies courses not otherwise required under division (C)	463
of this section.	464

Ohioans must be prepared to apply increased knowledge and	465
skills in the workplace and to adapt their knowledge and skills	466
quickly to meet the rapidly changing conditions of the	467
twenty-first century. National studies indicate that all high	468
school graduates need the same academic foundation, regardless of	469
the opportunities they pursue after graduation. The goal of Ohio's	470
system of elementary and secondary education is to prepare all	471
students for and seamlessly connect all students to success in	472
life beyond high school graduation, regardless of whether the next	473
step is entering the workforce, beginning an apprenticeship,	474
engaging in post-secondary training, serving in the military, or	475
pursuing a college degree.	476

The Ohio core curriculum is the standard expectation for all	477
students entering ninth grade for the first time at a public or	478
chartered nonpublic high school on or after July 1, 2010. A	479
student may satisfy this expectation through a variety of methods,	480
including, but not limited to, integrated, applied,	481
career-technical, and traditional coursework.	482

Whereas teacher quality is essential for student success in	483
completing the Ohio core curriculum, the general assembly shall	484
appropriate funds for strategic initiatives designed to strengthen	485
schools' capacities to hire and retain highly qualified teachers	486
in the subject areas required by the curriculum. Such initiatives	487
are expected to require an investment of $120,000,000 over five	488
years.	489

Stronger coordination between high schools and institutions	490
of higher education is necessary to prepare students for more	491
challenging academic endeavors and to lessen the need for academic	492
remediation in college, thereby reducing the costs of higher	493
education for Ohio's students, families, and the state. The state	494
board and the chancellor of the Ohio board of regents shall	495
develop policies to ensure that only in rare instances will	496
students who complete the Ohio core curriculum require academic	497
remediation after high school.	498

School districts, community schools, and chartered nonpublic	499
schools shall integrate technology into learning experiences	500
across the curriculum in order to maximize efficiency, enhance	501
learning, and prepare students for success in the	502
technology-driven twenty-first century. Districts and schools	503
shall use distance and web-based course delivery as a method of	504
providing or augmenting all instruction required under this	505
division, including laboratory experience in science. Districts	506
and schools shall utilize technology access and electronic	507
learning opportunities provided by the eTech Ohio commission, the	508
Ohio learning network, education technology centers, public	509
television stations, and other public and private providers.	510

(D) Except as provided in division (E) of this section, a	511
student who enters ninth grade on or after July 1, 2010, and	512
before July 1, 2014, may qualify for graduation from a public or	513
chartered nonpublic high school even though the student has not	514
completed the Ohio core curriculum prescribed in division (C) of	515
this section if all of the following conditions are satisfied:	516

(1) After the student has attended high school for two years,	517
as determined by the school, the student and the student's parent,	518
guardian, or custodian sign and file with the school a written	519
statement asserting the parent's, guardian's, or custodian's	520
consent to the student's graduating without completing the Ohio	521
core curriculum and acknowledging that one consequence of not	522
completing the Ohio core curriculum is ineligibility to enroll in	523
most state universities in Ohio without further coursework.	524

(2) The student and parent, guardian, or custodian fulfill	525
any procedural requirements the school stipulates to ensure the	526
student's and parent's, guardian's, or custodian's informed	527
consent and to facilitate orderly filing of statements under	528
division (D)(1) of this section.	529

(3) The student and the student's parent, guardian, or	530
custodian and a representative of the student's high school	531
jointly develop an individual career plan for the student that	532
specifies the student matriculating to a two-year degree program,	533
acquiring a business and industry credential, or entering an	534
apprenticeship.	535

(4) The student's high school provides counseling and support	536
for the student related to the plan developed under division	537
(D)(3) of this section during the remainder of the student's high	538
school experience.	539

(5) The student successfully completes, at a minimum, the	540
curriculum prescribed in division (B) of this section.	541

The department of education, in collaboration with the	542
chancellor, shall analyze student performance data to determine if	543
there are mitigating factors that warrant extending the exception	544
permitted by division (D) of this section to high school classes	545
beyond those entering ninth grade before July 1, 2014. The	546
department shall submit its findings and any recommendations not	547
later than August 1, 2014, to the speaker and minority leader of	548
the house of representatives, the president and minority leader of	549
the senate, the chairpersons and ranking minority members of the	550
standing committees of the house of representatives and the senate	551
that consider education legislation, the state board of education,	552
and the superintendent of public instruction.	553

(E) Each school district and chartered nonpublic school	554
retains the authority to require an even more rigorous minimum	555
curriculum for high school graduation than specified in division	556
(B) or (C) of this section. A school district board of education,	557
through the adoption of a resolution, or the governing authority	558
of a chartered nonpublic school may stipulate any of the	559
following:	560

(1) A minimum high school curriculum that requires more than	561
twenty units of academic credit to graduate;	562

(2) An exception to the district's or school's minimum high	563
school curriculum that is comparable to the exception provided in	564
division (D) of this section but with additional requirements,	565
which may include a requirement that the student successfully	566
complete more than the minimum curriculum prescribed in division	567
(B) of this section;	568

(3) That no exception comparable to that provided in division	569
(D) of this section is available.	570

(F) A student enrolled in a dropout prevention and recovery	571
program, which program has received a waiver from the department,	572
may qualify for graduation from high school by successfully	573
completing a competency-based instructional program administered	574
by the dropout prevention and recovery program in lieu of	575
completing the Ohio core curriculum prescribed in division (C) of	576
this section. The department shall grant a waiver to a dropout	577
prevention and recovery program, within sixty days after the	578
program applies for the waiver, if the program meets all of the	579
following conditions:	580

(1) The program serves only students not younger than sixteen	581
years of age and not older than twenty-one years of age.	582

(2) The program enrolls students who, at the time of their	583
initial enrollment, either, or both, are at least one grade level	584
behind their cohort age groups or experience crises that	585
significantly interfere with their academic progress such that	586
they are prevented from continuing their traditional programs.	587

(3) The program requires students to attain at least the	588
applicable score designated for each of the assessments prescribed	589
under division (B)(1) of section 3301.0710 of the Revised Code or,	590
to the extent prescribed by rule of the state board under division	591
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	592
of that section.	593

(4) The program develops an individual career plan for the	594
student that specifies the student's matriculating to a two-year	595
degree program, acquiring a business and industry credential, or	596
entering an apprenticeship.	597

(5) The program provides counseling and support for the	598
student related to the plan developed under division (F)(4) of	599
this section during the remainder of the student's high school	600
experience.	601

(6) The program requires the student and the student's	602
parent, guardian, or custodian to sign and file, in accordance	603
with procedural requirements stipulated by the program, a written	604
statement asserting the parent's, guardian's, or custodian's	605
consent to the student's graduating without completing the Ohio	606
core curriculum and acknowledging that one consequence of not	607
completing the Ohio core curriculum is ineligibility to enroll in	608
most state universities in Ohio without further coursework.	609

(7) Prior to receiving the waiver, the program has submitted	610
to the department an instructional plan that demonstrates how the	611
academic content standards adopted by the state board under	612
section 3301.079 of the Revised Code will be taught and assessed.	613

If the department does not act either to grant the waiver or	614
to reject the program application for the waiver within sixty days	615
as required under this section, the waiver shall be considered to	616
be granted.	617

(G) Every high school may permit students below the ninth	618
grade to take advanced work. If a high school so permits, it shall	619
award high school credit for successful completion of the advanced	620
work and shall count such advanced work toward the graduation	621
requirements of division (B) or (C) of this section if the	622
advanced work was both:	623

(1) Taught by a person who possesses a license or certificate	624
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	625
Code that is valid for teaching high school;	626

(2) Designated by the board of education of the city, local,	627
or exempted village school district, the board of the cooperative	628
education school district, or the governing authority of the	629
chartered nonpublic school as meeting the high school curriculum	630
requirements.	631

Each high school shall record on the student's high school	632
transcript all high school credit awarded under division (G) of	633
this section. In addition, if the student completed a seventh- or	634
eighth-grade fine arts course described in division (K) of this	635
section and the course qualified for high school credit under that	636
division, the high school shall record that course on the	637
student's high school transcript.	638

(H) The department shall make its individual academic career	639
plan available through its Ohio career information system web site	640
for districts and schools to use as a tool for communicating with	641
and providing guidance to students and families in selecting high	642
school courses.	643

(I) Units earned in English language arts, mathematics,	644
science, and social studies that are delivered through integrated	645
academic and career-technical instruction are eligible to meet the	646
graduation requirements of division (B) or (C) of this section.	647

(J) The state board, in consultation with the chancellor,	648
shall adopt a statewide plan implementing methods for students to	649
earn units of high school credit based on a demonstration of	650
subject area competency, instead of or in combination with	651
completing hours of classroom instruction. The state board shall	652
adopt the plan not later than March 31, 2009, and commence phasing	653
in the plan during the 2009-2010 school year. The plan shall	654
include a standard method for recording demonstrated proficiency	655
on high school transcripts. Each school district and community	656
school shall comply with the state board's plan adopted under this	657
division and award units of high school credit in accordance with	658
the plan. The state board may adopt existing methods for earning	659
high school credit based on a demonstration of subject area	660
competency as necessary prior to the 2009-2010 school year.	661

(K) This division does not apply to students who qualify for	662
graduation from high school under division (D) or (F) of this	663
section, or to students pursuing a career-technical instructional	664
track as determined by the school district board of education or	665
the chartered nonpublic school's governing authority.	666
Nevertheless, the general assembly encourages such students to	667
consider enrolling in a fine arts course as an elective.	668

Beginning with students who enter ninth grade for the first	669
time on or after July 1, 2010, each student enrolled in a public	670
or chartered nonpublic high school shall complete two semesters or	671
the equivalent of fine arts to graduate from high school. The	672
coursework may be completed in any of grades seven to twelve. Each	673
student who completes a fine arts course in grade seven or eight	674
may elect to count that course toward the five units of electives	675
required for graduation under division (C)(7)(8) of this section,	676
if the course satisfied the requirements of division (G) of this	677
section. In that case, the high school shall award the student	678
high school credit for the course and count the course toward the	679
five units required under division (C)(7)(8) of this section. If	680
the course in grade seven or eight did not satisfy the	681
requirements of division (G) of this section, the high school	682
shall not award the student high school credit for the course but	683
shall count the course toward the two semesters or the equivalent	684
of fine arts required by this division.	685

(L) Notwithstanding anything to the contrary in this section,	686
the board of education of each school district and the governing	687
authority of each chartered nonpublic school may adopt a policy to	688
excuse from the high school physical education requirement each	689
student who, during high school, has participated in	690
interscholastic athletics, marching band, or cheerleading for at	691
least two full seasons or in the junior reserve officer training	692
corps for at least two full school years. If the board or	693
authority adopts such a policy, the board or authority shall not	694
require the student to complete any physical education course as a	695
condition to graduate. However, the student shall be required to	696
complete one-half unit, consisting of at least sixty hours of	697
instruction, in another course of study. In the case of a student	698
who has participated in the junior reserve officer training corps	699
for at least two full school years, credit received for that	700
participation may be used to satisfy the requirement to complete	701
one-half unit in another course of study.	702

(M) It is important that high school students learn and	703
understand United States history and the governments of both the	704
United States and the state of Ohio. Therefore, beginning with	705
students who enter ninth grade for the first time on or after July	706
1, 2012, the study of American history and American government	707
required by divisions (B)(6) and (C)(6) of this section shall	708
include the study of all of the following documents:	709

(1) The Declaration of Independence;

710

(2) The Northwest Ordinance;

711

(3) The Constitution of the United States with emphasis on	712
the Bill of Rights;	713

(4) The Ohio Constitution.

714

The study of each of the documents prescribed in divisions	715
(M)(1) to (4) of this section shall include study of that document	716
in its original context.	717

The study of American history and government required by	718
divisions (B)(6) and (C)(6) of this section shall include the	719
historical evidence of the role of documents such as the	720
Federalist Papers and the Anti-Federalist Papers to firmly	721
establish the historical background leading to the establishment	722
of the provisions of the Constitution and Bill of Rights.	723

Sec. 3313.61.  (A) A diploma shall be granted by the board of	724
education of any city, exempted village, or local school district	725
that operates a high school to any person to whom all of the	726
following apply:	727

(1) The person has successfully completed the curriculum in	728
any high school or the individualized education program developed	729
for the person by any high school pursuant to section 3323.08 of	730
the Revised Code, or has qualified under division (D) or (F) of	731
section 3313.603 of the Revised Code, provided that no school	732
district shall require a student to remain in school for any	733
specific number of semesters or other terms if the student	734
completes the required curriculum early;	735

(2) Subject to section 3313.614 of the Revised Code, the	736
person has met the assessment requirements of division (A)(2)(a)	737
or (b) of this section, as applicable.	738

(a) If the person entered the ninth grade prior to the date	739
prescribed by rule of the state board of education under division	740
(D)(2) of section 3301.0712 of the Revised Code, the person	741
either:	742

(i) Has attained at least the applicable scores designated	743
under division (B)(1) of section 3301.0710 of the Revised Code on	744
all the assessments required by that division unless the person	745
was excused from taking any such assessment pursuant to section	746
3313.532 of the Revised Code or unless division (H) or (L) of this	747
section applies to the person;	748

(ii) Has satisfied the alternative conditions prescribed in	749
section 3313.615 of the Revised Code.	750

(b) If the person entered the ninth grade on or after the	751
date prescribed by rule of the state board under division (D)(2)	752
of section 3301.0712 of the Revised Code, the person has met the	753
requirements of the entire assessment system prescribed under	754
division (B)(2) of section 3301.0710 of the Revised Code, except	755
to the extent that the person is excused from some portion of that	756
assessment system pursuant to section 3313.532 of the Revised Code	757
or division (H) or (L) of this section.	758

(3) The person is not eligible to receive an honors diploma	759
granted pursuant to division (B) of this section.	760

Except as provided in divisions (C), (E), (J), and (L) of	761
this section, no diploma shall be granted under this division to	762
anyone except as provided under this division.	763

(B) In lieu of a diploma granted under division (A) of this	764
section, an honors diploma shall be granted, in accordance with	765
rules of the state board, by any such district board to anyone who	766
accomplishes all of the following:	767

(1) Successfully completes the curriculum in any high school	768
or the individualized education program developed for the person	769
by any high school pursuant to section 3323.08 of the Revised	770
Code;	771

(2) Subject to section 3313.614 of the Revised Code, has met	772
the assessment requirements of division (B)(2)(a) or (b) of this	773
section, as applicable.	774

(a) If the person entered the ninth grade prior to the date	775
prescribed by rule of the state board of education under division	776
(D)(2) of section 3301.0712 of the Revised Code, the person	777
either:	778

(i) Has attained at least the applicable scores designated	779
under division (B)(1) of section 3301.0710 of the Revised Code on	780
all the assessments required by that division;	781

(ii) Has satisfied the alternative conditions prescribed in	782
section 3313.615 of the Revised Code.	783

(b) If the person entered the ninth grade on or after the	784
date prescribed by rule of the state board under division (D)(2)	785
of section 3301.0712 of the Revised Code, the person has met the	786
requirements of the entire assessment system prescribed under	787
division (B)(2) of section 3301.0710 of the Revised Code.	788

(3) Has met additional criteria established by the state	789
board for the granting of such a diploma.	790

An honors diploma shall not be granted to a student who is	791
subject to the Ohio core curriculum prescribed in division (C) of	792
section 3313.603 of the Revised Code but elects the option of	793
division (D) or (F) of that section. Except as provided in	794
divisions (C), (E), and (J) of this section, no honors diploma	795
shall be granted to anyone failing to comply with this division	796
and no more than one honors diploma shall be granted to any	797
student under this division.	798

The state board shall adopt rules prescribing the granting of	799
honors diplomas under this division. These rules may prescribe the	800
granting of honors diplomas that recognize a student's achievement	801
as a whole or that recognize a student's achievement in one or	802
more specific subjects or both. The rules may prescribe the	803
granting of an honors diploma recognizing technical expertise for	804
a career-technical student. In any case, the rules shall designate	805
two or more criteria for the granting of each type of honors	806
diploma the board establishes under this division and the number	807
of such criteria that must be met for the granting of that type of	808
diploma. The number of such criteria for any type of honors	809
diploma shall be at least one less than the total number of	810
criteria designated for that type and no one or more particular	811
criteria shall be required of all persons who are to be granted	812
that type of diploma.	813

(C) Any district board administering any of the assessments	814
required by section 3301.0710 of the Revised Code to any person	815
requesting to take such assessment pursuant to division (B)(8)(b)	816
of section 3301.0711 of the Revised Code shall award a diploma to	817
such person if the person attains at least the applicable scores	818
designated under division (B)(1) of section 3301.0710 of the	819
Revised Code on all the assessments administered and if the person	820
has previously attained the applicable scores on all the other	821
assessments required by division (B)(1) of that section or has	822
been exempted or excused from attaining the applicable score on	823
any such assessment pursuant to division (H) or (L) of this	824
section or from taking any such assessment pursuant to section	825
3313.532 of the Revised Code.	826

(D) Each diploma awarded under this section shall be signed	827
by the president and treasurer of the issuing board, the	828
superintendent of schools, and the principal of the high school.	829
Each diploma shall bear the date of its issue, be in such form as	830
the district board prescribes, and be paid for out of the	831
district's general fund.	832

(E) A person who is a resident of Ohio and is eligible under	833
state board of education minimum standards to receive a high	834
school diploma based in whole or in part on credits earned while	835
an inmate of a correctional institution operated by the state or	836
any political subdivision thereof, shall be granted such diploma	837
by the correctional institution operating the programs in which	838
such credits were earned, and by the board of education of the	839
school district in which the inmate resided immediately prior to	840
the inmate's placement in the institution. The diploma granted by	841
the correctional institution shall be signed by the director of	842
the institution, and by the person serving as principal of the	843
institution's high school and shall bear the date of issue.	844

(F) Persons who are not residents of Ohio but who are inmates	845
of correctional institutions operated by the state or any	846
political subdivision thereof, and who are eligible under state	847
board of education minimum standards to receive a high school	848
diploma based in whole or in part on credits earned while an	849
inmate of the correctional institution, shall be granted a diploma	850
by the correctional institution offering the program in which the	851
credits were earned. The diploma granted by the correctional	852
institution shall be signed by the director of the institution and	853
by the person serving as principal of the institution's high	854
school and shall bear the date of issue.	855

(G) The state board of education shall provide by rule for	856
the administration of the assessments required by section	857
3301.0710 of the Revised Code to inmates of correctional	858
institutions.	859

(H) Any person to whom all of the following apply shall be	860
exempted from attaining the applicable score on the assessment in	861
social studies designated under division (B)(1) of section	862
3301.0710 of the Revised Code, any social studiesAmerican history	863
end-of-course examination and any American government	864
end-of-course examination required under division (B)(2) of that	865
section if such an exemption is prescribed by rule of the state	866
board under division (D)(4) of section 3301.0712 of the Revised	867
Code, or the test in citizenship designated under former division	868
(B) of section 3301.0710 of the Revised Code as it existed prior	869
to September 11, 2001:	870

(1) The person is not a citizen of the United States;

871

(2) The person is not a permanent resident of the United	872
States;	873

(3) The person indicates no intention to reside in the United	874
States after the completion of high school.	875

(I) Notwithstanding division (D) of section 3311.19 and	876
division (D) of section 3311.52 of the Revised Code, this section	877
and section 3311.611 of the Revised Code do not apply to the board	878
of education of any joint vocational school district or any	879
cooperative education school district established pursuant to	880
divisions (A) to (C) of section 3311.52 of the Revised Code.	881

(J) Upon receipt of a notice under division (D) of section	882
3325.08 ofor division (D) of section 3328.25 of the Revised Code	883
that a student has received a diploma under either section, the	884
board of education receiving the notice may grant a high school	885
diploma under this section to the student, except that such board	886
shall grant the student a diploma if the student meets the	887
graduation requirements that the student would otherwise have had	888
to meet to receive a diploma from the district. The diploma	889
granted under this section shall be of the same type the notice	890
indicates the student received under section 3325.08 or 3328.25 of	891
the Revised Code.	892

(K) As used in this division, "limited English proficient	893
student" has the same meaning as in division (C)(3) of section	894
3301.0711 of the Revised Code.	895

Notwithstanding division (C)(3) of section 3301.0711 of the	896
Revised Code, no limited English proficient student who has not	897
either attained the applicable scores designated under division	898
(B)(1) of section 3301.0710 of the Revised Code on all the	899
assessments required by that division, or met the requirements of	900
the assessments required by division (B)(2) of that section, shall	901
be awarded a diploma under this section.	902

(L) Any student described by division (A)(1) of this section	903
may be awarded a diploma without attaining the applicable scores	904
designated on the assessments prescribed under division (B) of	905
section 3301.0710 of the Revised Code provided an individualized	906
education program specifically exempts the student from attaining	907
such scores. This division does not negate the requirement for	908
such a student to take all such assessments or alternate	909
assessments required by division (C)(1) of section 3301.0711 of	910
the Revised Code for the purpose of assessing student progress as	911
required by federal law.	912

Sec. 3313.612.  (A) No nonpublic school chartered by the	913
state board of education shall grant a high school diploma to any	914
person unless, subject to section 3313.614 of the Revised Code,	915
the person has met the assessment requirements of division (A)(1)	916
or (2) of this section, as applicable.	917

(1) If the person entered the ninth grade prior to the date	918
prescribed by rule of the state board under division (D)(2) of	919
section 3301.0712 of the Revised Code, the person has attained at	920
least the applicable scores designated under division (B)(1) of	921
section 3301.0710 of the Revised Code on all the assessments	922
required by that division, or has satisfied the alternative	923
conditions prescribed in section 3313.615 of the Revised Code.	924

(2) If the person entered the ninth grade on or after the	925
date prescribed by rule of the state board under division (E)(2)	926
of section 3301.0712 of the Revised Code, the person has met the	927
requirements of the entire assessment system prescribed under	928
division (B)(2) of section 3301.0710 of the Revised Code.	929

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

930

(1) Any person with regard to any assessment from which the	931
person was excused pursuant to division (C)(1)(c) of section	932
3301.0711 of the Revised Code;	933

(2) Any person with regard to the social studies assessment	934
under division (B)(1) of section 3301.0710 of the Revised Code,	935
any social studies American history end-of-course examination and	936
any American government end-of-course examination required under	937
division (B)(2) of that section if such an exemption is prescribed	938
by rule of the state board of education under division (D)(4) of	939
section 3301.0712 of the Revised Code, or the citizenship test	940
under former division (B) of section 3301.0710 of the Revised Code	941
as it existed prior to September 11, 2001, if all of the following	942
apply:	943

(a) The person is not a citizen of the United States;

944

(b) The person is not a permanent resident of the United	945
States;	946

(c) The person indicates no intention to reside in the United	947
States after completion of high school.	948

(C) As used in this division, "limited English proficient	949
student" has the same meaning as in division (C)(3) of section	950
3301.0711 of the Revised Code.	951

Notwithstanding division (C)(3) of section 3301.0711 of the	952
Revised Code, no limited English proficient student who has not	953
either attained the applicable scores designated under division	954
(B)(1) of section 3301.0710 of the Revised Code on all the	955
assessments required by that division, or met the requirements of	956
the assessments under division (B)(2) of that section, shall be	957
awarded a diploma under this section.	958

Sec. 3319.23.  A valid educator license for teaching social	959
studies in the applicable grade shall be considered sufficient to	960
teach the additional American history and American government	961
content adopted under division (A)(1)(b) of section 3301.079 of	962
the Revised Code.	963

Section 2. That existing sections 3301.079, 3301.0712,	964
3313.60, 3313.603, 3313.61, and 3313.612 of the Revised Code are	965
hereby repealed.	966

Section 3.  Not later than July 1, 2012, the State Board of	967
Education shall review the Revised Code and recommend legislation	968
to the General Assembly to make changes necessary to fully	969
implement, and remove any potential impediment to, the additional	970
American history and American government content adopted under	971
division (A)(1)(b) of section 3301.079 of the Revised Code.	972

Section 4.  Nothing in this act shall be construed to limit	973
the ability of a school district or public or nonpublic school to	974
offer academic content based on the standards adopted under	975
division (A)(1)(b) of section 3301.079 of the Revised Code and the	976
academic content required under division (M) of section 3313.603	977
of the Revised Code through summer school, online, or any other	978
method of education offered by the district or school.	979