As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 165

Senators Obhof, Grendell 

Cosponsors: Senators Faber, Hughes, Jones, Jordan, Schaffer, Seitz 

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A BILL

To amend sections 3301.079, 3313.60, and 3313.603 of

1

the Revised Code to include content on specified

2

historical documents in the state academic

3

standards and in the high school American history

4

and government curriculum.

5

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

Section 1. That sections 3301.079, 3313.60, and 3313.603 of	6
the Revised Code be amended to read as follows:	7

Sec. 3301.079.  (A)(1) Not later than June 30, 2010, and at	8
least once every five years thereafter, the state board of	9
education shall adopt statewide academic standards with emphasis	10
on coherence, focus, and rigor for each of grades kindergarten	11
through twelve in English language arts, mathematics, science, and	12
social studies.	13

(a) The standards shall specify the following:

14

(a)(i) The core academic content and skills that students are	15
expected to know and be able to do at each grade level that will	16
allow each student to be prepared for postsecondary instruction	17
and the workplace for success in the twenty-first century;	18

(b)(ii) The development of skill sets as they relate to	19
creativity and innovation, critical thinking and problem solving,	20
and communication and collaboration;	21

(c)(iii) The development of skill sets that promote	22
information, media, and technological literacy;	23

(d)(iv) The development of skill sets that promote personal	24
management, productivity and accountability, and leadership and	25
responsibility;	26

(e)(v) Interdisciplinary, project-based, real-world learning	27
opportunities.	28

(b) Not later than July 1, 2012, the state board shall	29
incorporate into the social studies standards academic content	30
regarding the original texts of the Declaration of Independence,	31
the Northwest Ordinance, the Constitution of the United States	32
with emphasis on the Bill of Rights, and the Ohio Constitution,	33
and their historical context. The state board shall revise the	34
model curricula and achievement assessments adopted under	35
divisions (B) and (C) of this section as necessary to reflect the	36
additional academic content.	37

(2) After completing the standards required by division	38
(A)(1) of this section, the state board shall adopt standards and	39
model curricula for instruction in computer literacy, financial	40
literacy and entrepreneurship, fine arts, and foreign language for	41
grades kindergarten through twelve. The standards shall meet the	42
same requirements prescribed in divisionsdivision (A)(1)(a) to	43
(e) of this section.	44

(3) The state board shall adopt the most recent standards	45
developed by the national association for sport and physical	46
education for physical education in grades kindergarten through	47
twelve or shall adopt its own standards for physical education in	48
those grades and revise and update them periodically.	49

The department shall employ a full-time physical education	50
coordinator to provide guidance and technical assistance to	51
districts, community schools, and STEM schools in implementing the	52
physical education standards adopted under this division. The	53
superintendent of public instruction shall determine that the	54
person employed as coordinator is qualified for the position, as	55
demonstrated by possessing an adequate combination of education,	56
license, and experience.	57

(4) When academic standards have been completed for any	58
subject area required by this section, the state board shall	59
inform all school districts, all community schools established	60
under Chapter 3314. of the Revised Code, all STEM schools	61
established under Chapter 3326. of the Revised Code, and all	62
nonpublic schools required to administer the assessments	63
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	64
of the content of those standards.	65

(B) Not later than March 31, 2011, the state board shall	66
adopt a model curriculum for instruction in each subject area for	67
which updated academic standards are required by division (A)(1)	68
of this section and for each of grades kindergarten through twelve	69
that is sufficient to meet the needs of students in every	70
community. The model curriculum shall be aligned with the	71
standards, to ensure that the academic content and skills	72
specified for each grade level are taught to students, and shall	73
demonstrate vertical articulation and emphasize coherence, focus,	74
and rigor. When any model curriculum has been completed, the state	75
board shall inform all school districts, community schools, and	76
STEM schools of the content of that model curriculum.	77

All school districts, community schools, and STEM schools may	78
utilize the state standards and the model curriculum established	79
by the state board, together with other relevant resources,	80
examples, or models to ensure that students have the opportunity	81
to attain the academic standards. Upon request, the department of	82
education shall provide technical assistance to any district,	83
community school, or STEM school in implementing the model	84
curriculum.	85

Nothing in this section requires any school district to	86
utilize all or any part of a model curriculum developed under this	87
division.	88

(C) The state board shall develop achievement assessments	89
aligned with the academic standards and model curriculum for each	90
of the subject areas and grade levels required by divisions (A)(1)	91
and (B)(1) of section 3301.0710 of the Revised Code.	92

When any achievement assessment has been completed, the state	93
board shall inform all school districts, community schools, STEM	94
schools, and nonpublic schools required to administer the	95
assessment of its completion, and the department of education	96
shall make the achievement assessment available to the districts	97
and schools.	98

(D)(1) The state board shall adopt a diagnostic assessment	99
aligned with the academic standards and model curriculum for each	100
of grades kindergarten through two in English language arts and	101
mathematics and for grade three in English language arts. The	102
diagnostic assessment shall be designed to measure student	103
comprehension of academic content and mastery of related skills	104
for the relevant subject area and grade level. Any diagnostic	105
assessment shall not include components to identify gifted	106
students. Blank copies of diagnostic assessments shall be public	107
records.	108

(2) When each diagnostic assessment has been completed, the	109
state board shall inform all school districts of its completion	110
and the department of education shall make the diagnostic	111
assessment available to the districts at no cost to the district.	112
School districts shall administer the diagnostic assessment	113
pursuant to section 3301.0715 of the Revised Code beginning the	114
first school year following the development of the assessment.	115

(E) The state board shall not adopt a diagnostic or	116
achievement assessment for any grade level or subject area other	117
than those specified in this section.	118

(F) Whenever the state board or the department of education	119
consults with persons for the purpose of drafting or reviewing any	120
standards, diagnostic assessments, achievement assessments, or	121
model curriculum required under this section, the state board or	122
the department shall first consult with parents of students in	123
kindergarten through twelfth grade and with active Ohio classroom	124
teachers, other school personnel, and administrators with	125
expertise in the appropriate subject area. Whenever practicable,	126
the state board and department shall consult with teachers	127
recognized as outstanding in their fields.	128

If the department contracts with more than one outside entity	129
for the development of the achievement assessments required by	130
this section, the department shall ensure the interchangeability	131
of those assessments.	132

(G) The fairness sensitivity review committee, established by	133
rule of the state board of education, shall not allow any question	134
on any achievement or diagnostic assessment developed under this	135
section or any proficiency test prescribed by former section	136
3301.0710 of the Revised Code, as it existed prior to September	137
11, 2001, to include, be written to promote, or inquire as to	138
individual moral or social values or beliefs. The decision of the	139
committee shall be final. This section does not create a private	140
cause of action.	141

(H) Not later than forty-five days prior to the initial	142
deadline established under division (A)(1) of this section and the	143
deadline established under division (B) of this section, the	144
superintendent of public instruction shall present the academic	145
standards or model curricula, as applicable, to the respective	146
committees of the house of representatives and senate that	147
consider education legislation.	148

(I) As used in this section:

149

(1) "Coherence" means a reflection of the structure of the	150
discipline being taught.	151

(2) "Focus" means limiting the number of items included in a	152
curriculum to allow for deeper exploration of the subject matter.	153

(3) "Rigor" means more challenging and demanding when	154
compared to international standards.	155

(4) "Vertical articulation" means key academic concepts and	156
skills associated with mastery in particular content areas should	157
be articulated and reinforced in a developmentally appropriate	158
manner at each grade level so that over time students acquire a	159
depth of knowledge and understanding in the core academic	160
disciplines.	161

Sec. 3313.60.  Notwithstanding division (D) of section	162
3311.52 of the Revised Code, divisions (A) to (E) of this section	163
do not apply to any cooperative education school district	164
established pursuant to divisions (A) to (C) of section 3311.52 of	165
the Revised Code.	166

(A) The board of education of each city and exempted village	167
school district, the governing board of each educational service	168
center, and the board of each cooperative education school	169
district established pursuant to section 3311.521 of the Revised	170
Code shall prescribe a curriculum for all schools under their	171
control. Except as provided in division (E) of this section, in	172
any such curriculum there shall be included the study of the	173
following subjects:	174

(1) The language arts, including reading, writing, spelling,	175
oral and written English, and literature;	176

(2) Geography, the history of the United States and of Ohio,	177
and national, state, and local government in the United States,	178
including a balanced presentation of the relevant contributions to	179
society of men and women of African, Mexican, Puerto Rican, and	180
American Indian descent as well as other ethnic and racial groups	181
in Ohio and the United States;	182

(3) Mathematics;

183

(4) Natural science, including instruction in the	184
conservation of natural resources;	185

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

186

(a) The nutritive value of foods, including natural and	187
organically produced foods, the relation of nutrition to health,	188
and the use and effects of food additives;	189

(b) The harmful effects of and legal restrictions against the	190
use of drugs of abuse, alcoholic beverages, and tobacco;	191

(c) Venereal disease education, except that upon written	192
request of the student's parent or guardian, a student shall be	193
excused from taking instruction in venereal disease education;	194

(d) In grades kindergarten through six, instruction in	195
personal safety and assault prevention, except that upon written	196
request of the student's parent or guardian, a student shall be	197
excused from taking instruction in personal safety and assault	198
prevention;	199

(e) In grades seven through twelve, age-appropriate	200
instruction in dating violence prevention education, which shall	201
include instruction in recognizing dating violence warning signs	202
and characteristics of healthy relationships.	203

In order to assist school districts in developing a dating	204
violence prevention education curriculum, the department of	205
education shall provide on its web site links to free curricula	206
addressing dating violence prevention.	207

If the parent or legal guardian of a student less than	208
eighteen years of age submits to the principal of the student's	209
school a written request to examine the dating violence prevention	210
instruction materials used at that school, the principal, within a	211
reasonable period of time after the request is made, shall allow	212
the parent or guardian to examine those materials at that school.	213

(6) Physical education;

214

(7) The fine arts, including music;

215

(8) First aid, including a training program in	216
cardiopulmonary resuscitation, safety, and fire prevention, except	217
that upon written request of the student's parent or guardian, a	218
student shall be excused from taking instruction in	219
cardiopulmonary resuscitation.	220

(B) Except as provided in division (E) of this section, every	221
school or school district shall include in the requirements for	222
promotion from the eighth grade to the ninth grade one year's	223
course of study of American history. A board may waive this	224
requirement for academically accelerated students who, in	225
accordance with procedures adopted by the board, are able to	226
demonstrate mastery of essential concepts and skills of the eighth	227
grade American history course of study.	228

(C) ExceptAs specified in divisions (B)(6) and (C)(6) of	229
section 3313.603 of the Revised Code, except as provided in	230
division (E) of this section, every high school shall include in	231
the requirements for graduation from any curriculum oneone-half	232
unit each of American history and government, including a study of	233
the constitutions of the United States and of Ohio.	234

(D) Except as provided in division (E) of this section, basic	235
instruction in geography, United States history, the government of	236
the United States, the government of the state of Ohio, local	237
government in Ohio, the Declaration of Independence, the United	238
States Constitution, and the Constitution of the state of Ohio	239
shall be required before pupils may participate in courses	240
involving the study of social problems, economics, foreign	241
affairs, United Nations, world government, socialism and	242
communism.	243

(E) For each cooperative education school district	244
established pursuant to section 3311.521 of the Revised Code and	245
each city, exempted village, and local school district that has	246
territory within such a cooperative district, the curriculum	247
adopted pursuant to divisions (A) to (D) of this section shall	248
only include the study of the subjects that apply to the grades	249
operated by each such school district. The curriculums for such	250
schools, when combined, shall provide to each student of these	251
districts all of the subjects required under divisions (A) to (D)	252
of this section.	253

(F) The board of education of any cooperative education	254
school district established pursuant to divisions (A) to (C) of	255
section 3311.52 of the Revised Code shall prescribe a curriculum	256
for the subject areas and grade levels offered in any school under	257
its control.	258

(G) Upon the request of any parent or legal guardian of a	259
student, the board of education of any school district shall	260
permit the parent or guardian to promptly examine, with respect to	261
the parent's or guardian's own child:	262

(1) Any survey or questionnaire, prior to its administration	263
to the child;	264

(2) Any textbook, workbook, software, video, or other	265
instructional materials being used by the district in connection	266
with the instruction of the child;	267

(3) Any completed and graded test taken or survey or	268
questionnaire filled out by the child;	269

(4) Copies of the statewide academic standards and each model	270
curriculum developed pursuant to section 3301.079 of the Revised	271
Code, which copies shall be available at all times during school	272
hours in each district school building.	273

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

274

(1) "One unit" means a minimum of one hundred twenty hours of	275
course instruction, except that for a laboratory course, "one	276
unit" means a minimum of one hundred fifty hours of course	277
instruction.	278

(2) "One-half unit" means a minimum of sixty hours of course	279
instruction, except that for physical education courses, "one-half	280
unit" means a minimum of one hundred twenty hours of course	281
instruction.	282

(B) Beginning September 15, 2001, except as required in	283
division (C) of this section and division (C) of section 3313.614	284
of the Revised Code, the requirements for graduation from every	285
high school shall include twenty units earned in grades nine	286
through twelve and shall be distributed as follows:	287

(1) English language arts, four units;

288

(2) Health, one-half unit;

289

(3) Mathematics, three units;

290

(4) Physical education, one-half unit;

291

(5) Science, two units until September 15, 2003, and three	292
units thereafter, which at all times shall include both of the	293
following:	294

(a) Biological sciences, one unit;

295

(b) Physical sciences, one unit.

296

(6) Social studies, three unitsHistory and government, one	297
unit, which shall comply with division (M) of this section and	298
shall include both of the following:	299

(a) American history, one-half unit;

300

(b) American government, one-half unit.

301

(7) Social studies, two units.

302

(8) Elective units, seven units until September 15, 2003, and	303
six units thereafter.	304

Each student's electives shall include at least one unit, or	305
two half units, chosen from among the areas of	306
business/technology, fine arts, and/or foreign language.	307

(C) Beginning with students who enter ninth grade for the	308
first time on or after July 1, 2010, except as provided in	309
divisions (D) to (F) of this section, the requirements for	310
graduation from every public and chartered nonpublic high school	311
shall include twenty units that are designed to prepare students	312
for the workforce and college. The units shall be distributed as	313
follows:	314

(1) English language arts, four units;

315

(2) Health, one-half unit, which shall include instruction in	316
nutrition and the benefits of nutritious foods and physical	317
activity for overall health;	318

(3) Mathematics, four units, which shall include one unit of	319
algebra II or the equivalent of algebra II;	320

(4) Physical education, one-half unit;

321

(5) Science, three units with inquiry-based laboratory	322
experience that engages students in asking valid scientific	323
questions and gathering and analyzing information, which shall	324
include the following, or their equivalent:	325

(a) Physical sciences, one unit;

326

(b) Life sciences, one unit;

327

(c) Advanced study in one or more of the following sciences,	328
one unit:	329

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

330

(ii) Advanced biology or other life science;

331

(iii) Astronomy, physical geology, or other earth or space	332
science.	333

(6) Social studies, three unitsHistory and government, one	334
unit, which shall comply with division (M) of this section and	335
shall include both of the following:	336

(a) American history, one-half unit;

337

(b) American government, one-half unit.

338

(7) Social studies, two units.

339

Each school shall integrate the study of economics and	340
financial literacy, as expressed in the social studies academic	341
content standards adopted by the state board of education under	342
division (A)(1) of section 3301.079 of the Revised Code and the	343
academic content standards for financial literacy and	344
entrepreneurship adopted under division (A)(2) of that section,	345
into one or more existing social studies credits required under	346
division (C)(6)(7) of this section, or into the content of another	347
class, so that every high school student receives instruction in	348
those concepts. In developing the curriculum required by this	349
paragraph, schools shall use available public-private partnerships	350
and resources and materials that exist in business, industry, and	351
through the centers for economics education at institutions of	352
higher education in the state.	353

(7)(8) Five units consisting of one or any combination of	354
foreign language, fine arts, business, career-technical education,	355
family and consumer sciences, technology, agricultural education,	356
a junior reserve officer training corps (JROTC) program approved	357
by the congress of the United States under title 10 of the United	358
States Code, or English language arts, mathematics, science, or	359
social studies courses not otherwise required under division (C)	360
of this section.	361

Ohioans must be prepared to apply increased knowledge and	362
skills in the workplace and to adapt their knowledge and skills	363
quickly to meet the rapidly changing conditions of the	364
twenty-first century. National studies indicate that all high	365
school graduates need the same academic foundation, regardless of	366
the opportunities they pursue after graduation. The goal of Ohio's	367
system of elementary and secondary education is to prepare all	368
students for and seamlessly connect all students to success in	369
life beyond high school graduation, regardless of whether the next	370
step is entering the workforce, beginning an apprenticeship,	371
engaging in post-secondary training, serving in the military, or	372
pursuing a college degree.	373

The Ohio core curriculum is the standard expectation for all	374
students entering ninth grade for the first time at a public or	375
chartered nonpublic high school on or after July 1, 2010. A	376
student may satisfy this expectation through a variety of methods,	377
including, but not limited to, integrated, applied,	378
career-technical, and traditional coursework.	379

Whereas teacher quality is essential for student success in	380
completing the Ohio core curriculum, the general assembly shall	381
appropriate funds for strategic initiatives designed to strengthen	382
schools' capacities to hire and retain highly qualified teachers	383
in the subject areas required by the curriculum. Such initiatives	384
are expected to require an investment of $120,000,000 over five	385
years.	386

Stronger coordination between high schools and institutions	387
of higher education is necessary to prepare students for more	388
challenging academic endeavors and to lessen the need for academic	389
remediation in college, thereby reducing the costs of higher	390
education for Ohio's students, families, and the state. The state	391
board and the chancellor of the Ohio board of regents shall	392
develop policies to ensure that only in rare instances will	393
students who complete the Ohio core curriculum require academic	394
remediation after high school.	395

School districts, community schools, and chartered nonpublic	396
schools shall integrate technology into learning experiences	397
whenever practicable across the curriculum in order to maximize	398
efficiency, enhance learning, and prepare students for success in	399
the technology-driven twenty-first century. Districts and schools	400
may use distance and web-based course delivery as a method of	401
providing or augmenting all instruction required under this	402
division, including laboratory experience in science. Districts	403
and schools shall whenever practicable utilize technology access	404
and electronic learning opportunities provided by the eTech Ohio	405
commission, the Ohio learning network, education technology	406
centers, public television stations, and other public and private	407
providers.	408

(D) Except as provided in division (E) of this section, a	409
student who enters ninth grade on or after July 1, 2010, and	410
before July 1, 2014, may qualify for graduation from a public or	411
chartered nonpublic high school even though the student has not	412
completed the Ohio core curriculum prescribed in division (C) of	413
this section if all of the following conditions are satisfied:	414

(1) After the student has attended high school for two years,	415
as determined by the school, the student and the student's parent,	416
guardian, or custodian sign and file with the school a written	417
statement asserting the parent's, guardian's, or custodian's	418
consent to the student's graduating without completing the Ohio	419
core curriculum and acknowledging that one consequence of not	420
completing the Ohio core curriculum is ineligibility to enroll in	421
most state universities in Ohio without further coursework.	422

(2) The student and parent, guardian, or custodian fulfill	423
any procedural requirements the school stipulates to ensure the	424
student's and parent's, guardian's, or custodian's informed	425
consent and to facilitate orderly filing of statements under	426
division (D)(1) of this section.	427

(3) The student and the student's parent, guardian, or	428
custodian and a representative of the student's high school	429
jointly develop an individual career plan for the student that	430
specifies the student matriculating to a two-year degree program,	431
acquiring a business and industry credential, or entering an	432
apprenticeship.	433

(4) The student's high school provides counseling and support	434
for the student related to the plan developed under division	435
(D)(3) of this section during the remainder of the student's high	436
school experience.	437

(5) The student successfully completes, at a minimum, the	438
curriculum prescribed in division (B) of this section.	439

The department of education, in collaboration with the	440
chancellor, shall analyze student performance data to determine if	441
there are mitigating factors that warrant extending the exception	442
permitted by division (D) of this section to high school classes	443
beyond those entering ninth grade before July 1, 2014. The	444
department shall submit its findings and any recommendations not	445
later than August 1, 2014, to the speaker and minority leader of	446
the house of representatives, the president and minority leader of	447
the senate, the chairpersons and ranking minority members of the	448
standing committees of the house of representatives and the senate	449
that consider education legislation, the state board of education,	450
and the superintendent of public instruction.	451

(E) Each school district and chartered nonpublic school	452
retains the authority to require an even more rigorous minimum	453
curriculum for high school graduation than specified in division	454
(B) or (C) of this section. A school district board of education,	455
through the adoption of a resolution, or the governing authority	456
of a chartered nonpublic school may stipulate any of the	457
following:	458

(1) A minimum high school curriculum that requires more than	459
twenty units of academic credit to graduate;	460

(2) An exception to the district's or school's minimum high	461
school curriculum that is comparable to the exception provided in	462
division (D) of this section but with additional requirements,	463
which may include a requirement that the student successfully	464
complete more than the minimum curriculum prescribed in division	465
(B) of this section;	466

(3) That no exception comparable to that provided in division	467
(D) of this section is available.	468

(F) A student enrolled in a dropout prevention and recovery	469
program, which program has received a waiver from the department,	470
may qualify for graduation from high school by successfully	471
completing a competency-based instructional program administered	472
by the dropout prevention and recovery program in lieu of	473
completing the Ohio core curriculum prescribed in division (C) of	474
this section. The department shall grant a waiver to a dropout	475
prevention and recovery program, within sixty days after the	476
program applies for the waiver, if the program meets all of the	477
following conditions:	478

(1) The program serves only students not younger than sixteen	479
years of age and not older than twenty-one years of age.	480

(2) The program enrolls students who, at the time of their	481
initial enrollment, either, or both, are at least one grade level	482
behind their cohort age groups or experience crises that	483
significantly interfere with their academic progress such that	484
they are prevented from continuing their traditional programs.	485

(3) The program requires students to attain at least the	486
applicable score designated for each of the assessments prescribed	487
under division (B)(1) of section 3301.0710 of the Revised Code or,	488
to the extent prescribed by rule of the state board under division	489
(E)(6) of section 3301.0712 of the Revised Code, division (B)(2)	490
of that section.	491

(4) The program develops an individual career plan for the	492
student that specifies the student's matriculating to a two-year	493
degree program, acquiring a business and industry credential, or	494
entering an apprenticeship.	495

(5) The program provides counseling and support for the	496
student related to the plan developed under division (F)(4) of	497
this section during the remainder of the student's high school	498
experience.	499

(6) The program requires the student and the student's	500
parent, guardian, or custodian to sign and file, in accordance	501
with procedural requirements stipulated by the program, a written	502
statement asserting the parent's, guardian's, or custodian's	503
consent to the student's graduating without completing the Ohio	504
core curriculum and acknowledging that one consequence of not	505
completing the Ohio core curriculum is ineligibility to enroll in	506
most state universities in Ohio without further coursework.	507

(7) Prior to receiving the waiver, the program has submitted	508
to the department an instructional plan that demonstrates how the	509
academic content standards adopted by the state board under	510
section 3301.079 of the Revised Code will be taught and assessed.	511

If the department does not act either to grant the waiver or	512
to reject the program application for the waiver within sixty days	513
as required under this section, the waiver shall be considered to	514
be granted.	515

(G) Every high school may permit students below the ninth	516
grade to take advanced work. If a high school so permits, it shall	517
award high school credit for successful completion of the advanced	518
work and shall count such advanced work toward the graduation	519
requirements of division (B) or (C) of this section if the	520
advanced work was both:	521

(1) Taught by a person who possesses a license or certificate	522
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	523
Code that is valid for teaching high school;	524

(2) Designated by the board of education of the city, local,	525
or exempted village school district, the board of the cooperative	526
education school district, or the governing authority of the	527
chartered nonpublic school as meeting the high school curriculum	528
requirements.	529

Each high school shall record on the student's high school	530
transcript all high school credit awarded under division (G) of	531
this section. In addition, if the student completed a seventh- or	532
eighth-grade fine arts course described in division (K) of this	533
section and the course qualified for high school credit under that	534
division, the high school shall record that course on the	535
student's high school transcript.	536

(H) The department shall make its individual academic career	537
plan available through its Ohio career information system web site	538
for districts and schools to use as a tool for communicating with	539
and providing guidance to students and families in selecting high	540
school courses.	541

(I) Units earned in English language arts, mathematics,	542
science, and social studies that are delivered through integrated	543
academic and career-technical instruction are eligible to meet the	544
graduation requirements of division (B) or (C) of this section.	545

(J) The state board, in consultation with the chancellor,	546
shall adopt a statewide plan implementing methods for students to	547
earn units of high school credit based on a demonstration of	548
subject area competency, instead of or in combination with	549
completing hours of classroom instruction. The state board shall	550
adopt the plan not later than March 31, 2009, and commence phasing	551
in the plan during the 2009-2010 school year. The plan shall	552
include a standard method for recording demonstrated proficiency	553
on high school transcripts. Each school district, community	554
school, and chartered nonpublic school shall comply with the state	555
board's plan adopted under this division and award units of high	556
school credit in accordance with the plan. The state board may	557
adopt existing methods for earning high school credit based on a	558
demonstration of subject area competency as necessary prior to the	559
2009-2010 school year.	560

(K) This division does not apply to students who qualify for	561
graduation from high school under division (D) or (F) of this	562
section, or to students pursuing a career-technical instructional	563
track as determined by the school district board of education or	564
the chartered nonpublic school's governing authority.	565
Nevertheless, the general assembly encourages such students to	566
consider enrolling in a fine arts course as an elective.	567

Beginning with students who enter ninth grade for the first	568
time on or after July 1, 2010, each student enrolled in a public	569
or chartered nonpublic high school shall complete two semesters or	570
the equivalent of fine arts to graduate from high school. The	571
coursework may be completed in any of grades seven to twelve. Each	572
student who completes a fine arts course in grade seven or eight	573
may elect to count that course toward the five units of electives	574
required for graduation under division (C)(7)(8) of this section,	575
if the course satisfied the requirements of division (G) of this	576
section. In that case, the high school shall award the student	577
high school credit for the course and count the course toward the	578
five units required under division (C)(7)(8) of this section. If	579
the course in grade seven or eight did not satisfy the	580
requirements of division (G) of this section, the high school	581
shall not award the student high school credit for the course but	582
shall count the course toward the two semesters or the equivalent	583
of fine arts required by this division.	584

(L) Notwithstanding anything to the contrary in this section,	585
the board of education of each school district and the governing	586
authority of each chartered nonpublic school may adopt a policy to	587
excuse from the high school physical education requirement each	588
student who, during high school, has participated in	589
interscholastic athletics, marching band, or cheerleading for at	590
least two full seasons or in the junior reserve officer training	591
corps for at least two full school years. If the board or	592
authority adopts such a policy, the board or authority shall not	593
require the student to complete any physical education course as a	594
condition to graduate. However, the student shall be required to	595
complete one-half unit, consisting of at least sixty hours of	596
instruction, in another course of study. In the case of a student	597
who has participated in the junior reserve officer training corps	598
for at least two full school years, credit received for that	599
participation may be used to satisfy the requirement to complete	600
one-half unit in another course of study.	601

(M) It is important that high school students learn and	602
understand United States history and the governments of both the	603
United States and the state of Ohio. Therefore, beginning with	604
students who enter ninth grade for the first time on or after July	605
1, 2012, the study of American history and American government	606
required by divisions (B)(6) and (C)(6) of this section shall	607
include the study of all of the following documents:	608

(1) The Declaration of Independence;

609

(2) The Northwest Ordinance;

610

(3) The Constitution of the United States with emphasis on	611
the Bill of Rights;	612

(4) The Ohio Constitution.

613

The study of each of the documents prescribed in divisions	614
(M)(1) to (4) of this section shall include study of that document	615
in its historical context.	616

The study of American history and government required by	617
divisions (B)(6) and (C)(6) of this section shall include the	618
historical evidence of the role of documents such as the	619
Federalist Papers and the Anti-Federalist Papers to firmly	620
establish the historical background leading to the establishment	621
of the provisions of the Constitution and Bill of Rights.	622

Section 2. That existing sections 3301.079, 3313.60, and	623
3313.603 of the Revised Code are hereby repealed.	624