As Passed by the House

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, and

1

3313.603 and to enact section 3319.23 of the

2

Revised Code to include content on specified

3

historical documents in the state academic

4

standards and in the high school American history

5

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, and	7
3313.603 be amended and section 3319.23 of the Revised Code be	8
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 division (C)	31
of this section as necessary to reflect the additional American	32
history and American government content.	33

(2) After completing the standards required by division	34
(A)(1) of this section, the state board shall adopt standards and	35
model curricula for instruction in technology, financial literacy	36
and entrepreneurship, fine arts, and foreign language for grades	37
kindergarten through twelve. The standards shall meet the same	38
requirements prescribed in divisionsdivision (A)(1)(a) to (c) of	39
this section.	40

(3) The state board shall adopt the most recent standards	41
developed by the national association for sport and physical	42
education for physical education in grades kindergarten through	43
twelve or shall adopt its own standards for physical education in	44
those grades and revise and update them periodically.	45

The department shall employ a full-time physical education	46
coordinator to provide guidance and technical assistance to	47
districts, community schools, and STEM schools in implementing the	48
physical education standards adopted under this division. The	49
superintendent of public instruction shall determine that the	50
person employed as coordinator is qualified for the position, as	51
demonstrated by possessing an adequate combination of education,	52
license, and experience.	53

(4) When academic standards have been completed for any	54
subject area required by this section, the state board shall	55
inform all school districts, all community schools established	56
under Chapter 3314. of the Revised Code, all STEM schools	57
established under Chapter 3326. of the Revised Code, and all	58
nonpublic schools required to administer the assessments	59
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	60
of the content of those standards.	61

(B) Not later than March 31, 2011, the state board shall	62
adopt a model curriculum for instruction in each subject area for	63
which updated academic standards are required by division (A)(1)	64
of this section and for each of grades kindergarten through twelve	65
that is sufficient to meet the needs of students in every	66
community. The model curriculum shall be aligned with the	67
standards, to ensure that the academic content and skills	68
specified for each grade level are taught to students, and shall	69
demonstrate vertical articulation and emphasize coherence, focus,	70
and rigor. When any model curriculum has been completed, the state	71
board shall inform all school districts, community schools, and	72
STEM schools of the content of that model curriculum.	73

All school districts, community schools, and STEM schools may	74
utilize the state standards and the model curriculum established	75
by the state board, together with other relevant resources,	76
examples, or models to ensure that students have the opportunity	77
to attain the academic standards. Upon request, the department of	78
education shall provide technical assistance to any district,	79
community school, or STEM school in implementing the model	80
curriculum.	81

Nothing in this section requires any school district to	82
utilize all or any part of a model curriculum developed under this	83
division.	84

(C) The state board shall develop achievement assessments	85
aligned with the academic standards and model curriculum for each	86
of the subject areas and grade levels required by divisions (A)(1)	87
and (B)(1) of section 3301.0710 of the Revised Code.	88

When any achievement assessment has been completed, the state	89
board shall inform all school districts, community schools, STEM	90
schools, and nonpublic schools required to administer the	91
assessment of its completion, and the department of education	92
shall make the achievement assessment available to the districts	93
and schools.	94

(D)(1) The state board shall adopt a diagnostic assessment	95
aligned with the academic standards and model curriculum for each	96
of grades kindergarten through two in English language arts and	97
mathematics and for grade three in English language arts. The	98
diagnostic assessment shall be designed to measure student	99
comprehension of academic content and mastery of related skills	100
for the relevant subject area and grade level. Any diagnostic	101
assessment shall not include components to identify gifted	102
students. Blank copies of diagnostic assessments shall be public	103
records.	104

(2) When each diagnostic assessment has been completed, the	105
state board shall inform all school districts of its completion	106
and the department of education shall make the diagnostic	107
assessment available to the districts at no cost to the district.	108
School districts shall administer the diagnostic assessment	109
pursuant to section 3301.0715 of the Revised Code beginning the	110
first school year following the development of the assessment.	111

(E) The state board shall not adopt a diagnostic or	112
achievement assessment for any grade level or subject area other	113
than those specified in this section.	114

(F) Whenever the state board or the department of education	115
consults with persons for the purpose of drafting or reviewing any	116
standards, diagnostic assessments, achievement assessments, or	117
model curriculum required under this section, the state board or	118
the department shall first consult with parents of students in	119
kindergarten through twelfth grade and with active Ohio classroom	120
teachers, other school personnel, and administrators with	121
expertise in the appropriate subject area. Whenever practicable,	122
the state board and department shall consult with teachers	123
recognized as outstanding in their fields.	124

If the department contracts with more than one outside entity	125
for the development of the achievement assessments required by	126
this section, the department shall ensure the interchangeability	127
of those assessments.	128

(G) The fairness sensitivity review committee, established by	129
rule of the state board of education, shall not allow any question	130
on any achievement or diagnostic assessment developed under this	131
section or any proficiency test prescribed by former section	132
3301.0710 of the Revised Code, as it existed prior to September	133
11, 2001, to include, be written to promote, or inquire as to	134
individual moral or social values or beliefs. The decision of the	135
committee shall be final. This section does not create a private	136
cause of action.	137

(H) Not later than forty-five days prior to the initial	138
deadline established under division (A)(1) of this section and the	139
deadline established under division (B) of this section, the	140
superintendent of public instruction shall present the academic	141
standards or model curricula, as applicable, to the respective	142
committees of the house of representatives and senate that	143
consider education legislation.	144

(I) As used in this section:

145

(1) "Coherence" means a reflection of the structure of the	146
discipline being taught.	147

(2) "Focus" means limiting the number of items included in a	148
curriculum to allow for deeper exploration of the subject matter.	149

(3) "Rigor" means more challenging and demanding when	150
compared to international standards.	151

(4) "Vertical articulation" means key academic concepts and	152
skills associated with mastery in particular content areas should	153
be articulated and reinforced in a developmentally appropriate	154
manner at each grade level so that over time students acquire a	155
depth of knowledge and understanding in the core academic	156
disciplines.	157

Sec. 3301.0712.  (A) The state board of education, the	158
superintendent of public instruction, and the chancellor of the	159
Ohio board of regents shall develop a system of college and work	160
ready assessments as described in divisions (B)(1) and (2) of this	161
section to assess whether each student upon graduating from high	162
school is ready to enter college or the workforce. The system	163
shall replace the Ohio graduation tests prescribed in division	164
(B)(1) of section 3301.0710 of the Revised Code as a measure of	165
student academic performance and a prerequisite for eligibility	166
for a high school diploma in the manner prescribed by rule of the	167
state board adopted under division (D) of this section.	168

(B) The college and work ready assessment system shall	169
consist of the following:	170

(1) A nationally standardized assessment that measures	171
college and career readiness selected jointly by the state	172
superintendent and the chancellor.	173

(2) A series of end-of-course examinations in the areas of	174
science, mathematics, English language arts, history and	175
government, and social studies selected jointly by the state	176
superintendent and the chancellor in consultation with faculty in	177
the appropriate subject areas at institutions of higher education	178
of the university system of Ohio. For each subject area, the state	179
superintendent and chancellor shall select multiple assessments	180
that school districts, public schools, and chartered nonpublic	181
schools may use as end-of-course examinations. ThoseSubject to	182
division (B)(3)(b) of this section, those assessments shall	183
include nationally recognized subject area assessments, such as	184
advanced placement examinations, SAT subject tests, international	185
baccalaureate examinations, and other assessments of college and	186
work readiness.	187

(3)(a) Not later than July 1, 2013, each school district	188
board of education shall adopt an interim end-of-course	189
examination that complies with the requirements of divisions	190
(B)(3)(b)(i) and (ii) of this section to assess mastery of	191
American history and government standards adopted under division	192
(A)(1)(b) of section 3301.079 of the Revised Code and the topics	193
required under division (M) of section 3313.603 of the Revised	194
Code. Each high school of the district shall use the interim	195
examination until the state superintendent and chancellor select	196
an end-of-course examination in history and government under	197
division (B)(2) of this section.	198

(b) Not later than July 1, 2014, the state superintendent and	199
the chancellor shall select the end-of-course examination in	200
history and government. The end-of-course examination in history	201
and government shall require both of the following:	202

(i) Demonstration of mastery of the American history and	203
American government content for social studies standards adopted	204
under division (A)(1)(b) of section 3301.079 of the Revised Code	205
and the topics required under division (M) of section 3313.603 of	206
the Revised Code;	207

(ii) That at least twenty-five per cent of the assessment	208
addresses the topics on American history and American government	209
described in division (M) of section 3313.603 of the Revised Code.	210

(C) Not later than thirty days after the state board adopts	211
the model curricula required by division (B) of section 3301.079	212
of the Revised Code, the state board shall convene a group of	213
national experts, state experts, and local practitioners to	214
provide advice, guidance, and recommendations for the alignment of	215
standards and model curricula to the assessments and in the design	216
of the end-of-course examinations prescribed by this section.	217

(D) Upon completion of the development of the assessment	218
system, the state board shall adopt rules prescribing all of the	219
following:	220

(1) A timeline and plan for implementation of the assessment	221
system, including a phased implementation if the state board	222
determines such a phase-in is warranted;	223

(2) The date after which a person entering ninth grade shall	224
meet the requirements of the entire assessment system as a	225
prerequisite for a high school diploma under section 3313.61,	226
3313.612, or 3325.08 of the Revised Code;	227

(3) The date after which a person shall meet the requirements	228
of the entire assessment system as a prerequisite for a diploma of	229
adult education under section 3313.611 of the Revised Code;	230

(4) Whether and the extent to which a person may be excused	231
from a social studies end-of-course examination under division (H)	232
of section 3313.61 and division (B)(2) of section 3313.612 of the	233
Revised Code;	234

(5) The date after which a person who has fulfilled the	235
curriculum requirement for a diploma but has not passed one or	236
more of the required assessments at the time the person fulfilled	237
the curriculum requirement shall meet the requirements of the	238
entire assessment system as a prerequisite for a high school	239
diploma under division (B) of section 3313.614 of the Revised	240
Code;	241

(6) The extent to which the assessment system applies to	242
students enrolled in a dropout recovery and prevention program for	243
purposes of division (F) of section 3313.603 and section 3314.36	244
of the Revised Code.	245

No rule adopted under this division shall be effective	246
earlier than one year after the date the rule is filed in final	247
form pursuant to Chapter 119. of the Revised Code.	248

(E) Not later than forty-five days prior to the state board's	249
adoption of a resolution directing the department of education to	250
file the rules prescribed by division (D) of this section in final	251
form under section 119.04 of the Revised Code, the superintendent	252
of public instruction shall present the assessment system	253
developed under this section to the respective committees of the	254
house of representatives and senate that consider education	255
legislation.	256

Sec. 3313.60.  Notwithstanding division (D) of section	257
3311.52 of the Revised Code, divisions (A) to (E) of this section	258
do not apply to any cooperative education school district	259
established pursuant to divisions (A) to (C) of section 3311.52 of	260
the Revised Code.	261

(A) The board of education of each city and exempted village	262
school district, the governing board of each educational service	263
center, and the board of each cooperative education school	264
district established pursuant to section 3311.521 of the Revised	265
Code shall prescribe a curriculum for all schools under their	266
control. Except as provided in division (E) of this section, in	267
any such curriculum there shall be included the study of the	268
following subjects:	269

(1) The language arts, including reading, writing, spelling,	270
oral and written English, and literature;	271

(2) Geography, the history of the United States and of Ohio,	272
and national, state, and local government in the United States,	273
including a balanced presentation of the relevant contributions to	274
society of men and women of African, Mexican, Puerto Rican, and	275
American Indian descent as well as other ethnic and racial groups	276
in Ohio and the United States;	277

(3) Mathematics;

278

(4) Natural science, including instruction in the	279
conservation of natural resources;	280

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

281

(a) The nutritive value of foods, including natural and	282
organically produced foods, the relation of nutrition to health,	283
and the use and effects of food additives;	284

(b) The harmful effects of and legal restrictions against the	285
use of drugs of abuse, alcoholic beverages, and tobacco;	286

(c) Venereal disease education, except that upon written	287
request of the student's parent or guardian, a student shall be	288
excused from taking instruction in venereal disease education;	289

(d) In grades kindergarten through six, instruction in	290
personal safety and assault prevention, except that upon written	291
request of the student's parent or guardian, a student shall be	292
excused from taking instruction in personal safety and assault	293
prevention;	294

(e) In grades seven through twelve, age-appropriate	295
instruction in dating violence prevention education, which shall	296
include instruction in recognizing dating violence warning signs	297
and characteristics of healthy relationships.	298

In order to assist school districts in developing a dating	299
violence prevention education curriculum, the department of	300
education shall provide on its web site links to free curricula	301
addressing dating violence prevention.	302

If the parent or legal guardian of a student less than	303
eighteen years of age submits to the principal of the student's	304
school a written request to examine the dating violence prevention	305
instruction materials used at that school, the principal, within a	306
reasonable period of time after the request is made, shall allow	307
the parent or guardian to examine those materials at that school.	308

(6) Physical education;

309

(7) The fine arts, including music;

310

(8) First aid, including a training program in	311
cardiopulmonary resuscitation, safety, and fire prevention, except	312
that upon written request of the student's parent or guardian, a	313
student shall be excused from taking instruction in	314
cardiopulmonary resuscitation.	315

(B) Except as provided in division (E) of this section, every	316
school or school district shall include in the requirements for	317
promotion from the eighth grade to the ninth grade one year's	318
course of study of American history. A board may waive this	319
requirement for academically accelerated students who, in	320
accordance with procedures adopted by the board, are able to	321
demonstrate mastery of essential concepts and skills of the eighth	322
grade American history course of study.	323

(C) ExceptAs specified in divisions (B)(6) and (C)(6) of	324
section 3313.603 of the Revised Code, except as provided in	325
division (E) of this section, every high school shall include in	326
the requirements for graduation from any curriculum oneone-half	327
unit each of American history and government, including a study of	328
the constitutions of the United States and of Ohio.	329

(D) Except as provided in division (E) of this section, basic	330
instruction or demonstrated mastery in geography, United States	331
history, the government of the United States, the government of	332
the state of Ohio, local government in Ohio, the Declaration of	333
Independence, the United States Constitution, and the Constitution	334
of the state of Ohio shall be required before pupils may	335
participate in courses involving the study of social problems,	336
economics, foreign affairs, United Nations, world government,	337
socialism and communism.	338

(E) For each cooperative education school district	339
established pursuant to section 3311.521 of the Revised Code and	340
each city, exempted village, and local school district that has	341
territory within such a cooperative district, the curriculum	342
adopted pursuant to divisions (A) to (D) of this section shall	343
only include the study of the subjects that apply to the grades	344
operated by each such school district. The curriculums for such	345
schools, when combined, shall provide to each student of these	346
districts all of the subjects required under divisions (A) to (D)	347
of this section.	348

(F) The board of education of any cooperative education	349
school district established pursuant to divisions (A) to (C) of	350
section 3311.52 of the Revised Code shall prescribe a curriculum	351
for the subject areas and grade levels offered in any school under	352
its control.	353

(G) Upon the request of any parent or legal guardian of a	354
student, the board of education of any school district shall	355
permit the parent or guardian to promptly examine, with respect to	356
the parent's or guardian's own child:	357

(1) Any survey or questionnaire, prior to its administration	358
to the child;	359

(2) Any textbook, workbook, software, video, or other	360
instructional materials being used by the district in connection	361
with the instruction of the child;	362

(3) Any completed and graded test taken or survey or	363
questionnaire filled out by the child;	364

(4) Copies of the statewide academic standards and each model	365
curriculum developed pursuant to section 3301.079 of the Revised	366
Code, which copies shall be available at all times during school	367
hours in each district school building.	368

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

369

(1) "One unit" means a minimum of one hundred twenty hours of	370
course instruction, except that for a laboratory course, "one	371
unit" means a minimum of one hundred fifty hours of course	372
instruction.	373

(2) "One-half unit" means a minimum of sixty hours of course	374
instruction, except that for physical education courses, "one-half	375
unit" means a minimum of one hundred twenty hours of course	376
instruction.	377

(B) Beginning September 15, 2001, except as required in	378
division (C) of this section and division (C) of section 3313.614	379
of the Revised Code, the requirements for graduation from every	380
high school shall include twenty units earned in grades nine	381
through twelve and shall be distributed as follows:	382

(1) English language arts, four units;

383

(2) Health, one-half unit;

384

(3) Mathematics, three units;

385

(4) Physical education, one-half unit;

386

(5) Science, two units until September 15, 2003, and three	387
units thereafter, which at all times shall include both of the	388
following:	389

(a) Biological sciences, one unit;

390

(b) Physical sciences, one unit.

391

(6) Social studies, three unitsHistory and government, one	392
unit, which shall comply with division (M) of this section and	393
shall include both of the following:	394

(a) American history, one-half unit;

395

(b) American government, one-half unit.

396

(7) Social studies, two units.

397

(8) Elective units, seven units until September 15, 2003, and	398
six units thereafter.	399

Each student's electives shall include at least one unit, or	400
two half units, chosen from among the areas of	401
business/technology, fine arts, and/or foreign language.	402

(C) Beginning with students who enter ninth grade for the	403
first time on or after July 1, 2010, except as provided in	404
divisions (D) to (F) of this section, the requirements for	405
graduation from every public and chartered nonpublic high school	406
shall include twenty units that are designed to prepare students	407
for the workforce and college. The units shall be distributed as	408
follows:	409

(1) English language arts, four units;

410

(2) Health, one-half unit, which shall include instruction in	411
nutrition and the benefits of nutritious foods and physical	412
activity for overall health;	413

(3) Mathematics, four units, which shall include one unit of	414
algebra II or the equivalent of algebra II;	415

(4) Physical education, one-half unit;

416

(5) Science, three units with inquiry-based laboratory	417
experience that engages students in asking valid scientific	418
questions and gathering and analyzing information, which shall	419
include the following, or their equivalent:	420

(a) Physical sciences, one unit;

421

(b) Life sciences, one unit;

422

(c) Advanced study in one or more of the following sciences,	423
one unit:	424

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

425

(ii) Advanced biology or other life science;

426

(iii) Astronomy, physical geology, or other earth or space	427
science.	428

(6) Social studies, three unitsHistory and government, one	429
unit, which shall comply with division (M) of this section and	430
shall include both of the following:	431

(a) American history, one-half unit;

432

(b) American government, one-half unit.

433

(7) Social studies, two units.

434

Each school shall integrate the study of economics and	435
financial literacy, as expressed in the social studies academic	436
content standards adopted by the state board of education under	437
division (A)(1) of section 3301.079 of the Revised Code and the	438
academic content standards for financial literacy and	439
entrepreneurship adopted under division (A)(2) of that section,	440
into one or more existing social studies credits required under	441
division (C)(6)(7) of this section, or into the content of another	442
class, so that every high school student receives instruction in	443
those concepts. In developing the curriculum required by this	444
paragraph, schools shall use available public-private partnerships	445
and resources and materials that exist in business, industry, and	446
through the centers for economics education at institutions of	447
higher education in the state.	448

(7)(8) Five units consisting of one or any combination of	449
foreign language, fine arts, business, career-technical education,	450
family and consumer sciences, technology, agricultural education,	451
a junior reserve officer training corps (JROTC) program approved	452
by the congress of the United States under title 10 of the United	453
States Code, or English language arts, mathematics, science, or	454
social studies courses not otherwise required under division (C)	455
of this section.	456

Ohioans must be prepared to apply increased knowledge and	457
skills in the workplace and to adapt their knowledge and skills	458
quickly to meet the rapidly changing conditions of the	459
twenty-first century. National studies indicate that all high	460
school graduates need the same academic foundation, regardless of	461
the opportunities they pursue after graduation. The goal of Ohio's	462
system of elementary and secondary education is to prepare all	463
students for and seamlessly connect all students to success in	464
life beyond high school graduation, regardless of whether the next	465
step is entering the workforce, beginning an apprenticeship,	466
engaging in post-secondary training, serving in the military, or	467
pursuing a college degree.	468

The Ohio core curriculum is the standard expectation for all	469
students entering ninth grade for the first time at a public or	470
chartered nonpublic high school on or after July 1, 2010. A	471
student may satisfy this expectation through a variety of methods,	472
including, but not limited to, integrated, applied,	473
career-technical, and traditional coursework.	474

Whereas teacher quality is essential for student success in	475
completing the Ohio core curriculum, the general assembly shall	476
appropriate funds for strategic initiatives designed to strengthen	477
schools' capacities to hire and retain highly qualified teachers	478
in the subject areas required by the curriculum. Such initiatives	479
are expected to require an investment of $120,000,000 over five	480
years.	481

Stronger coordination between high schools and institutions	482
of higher education is necessary to prepare students for more	483
challenging academic endeavors and to lessen the need for academic	484
remediation in college, thereby reducing the costs of higher	485
education for Ohio's students, families, and the state. The state	486
board and the chancellor of the Ohio board of regents shall	487
develop policies to ensure that only in rare instances will	488
students who complete the Ohio core curriculum require academic	489
remediation after high school.	490

School districts, community schools, and chartered nonpublic	491
schools shall integrate technology into learning experiences	492
across the curriculum in order to maximize efficiency, enhance	493
learning, and prepare students for success in the	494
technology-driven twenty-first century. Districts and schools	495
shall use distance and web-based course delivery as a method of	496
providing or augmenting all instruction required under this	497
division, including laboratory experience in science. Districts	498
and schools shall utilize technology access and electronic	499
learning opportunities provided by the eTech Ohio commission, the	500
Ohio learning network, education technology centers, public	501
television stations, and other public and private providers.	502

(D) Except as provided in division (E) of this section, a	503
student who enters ninth grade on or after July 1, 2010, and	504
before July 1, 2014, may qualify for graduation from a public or	505
chartered nonpublic high school even though the student has not	506
completed the Ohio core curriculum prescribed in division (C) of	507
this section if all of the following conditions are satisfied:	508

(1) After the student has attended high school for two years,	509
as determined by the school, the student and the student's parent,	510
guardian, or custodian sign and file with the school a written	511
statement asserting the parent's, guardian's, or custodian's	512
consent to the student's graduating without completing the Ohio	513
core curriculum and acknowledging that one consequence of not	514
completing the Ohio core curriculum is ineligibility to enroll in	515
most state universities in Ohio without further coursework.	516

(2) The student and parent, guardian, or custodian fulfill	517
any procedural requirements the school stipulates to ensure the	518
student's and parent's, guardian's, or custodian's informed	519
consent and to facilitate orderly filing of statements under	520
division (D)(1) of this section.	521

(3) The student and the student's parent, guardian, or	522
custodian and a representative of the student's high school	523
jointly develop an individual career plan for the student that	524
specifies the student matriculating to a two-year degree program,	525
acquiring a business and industry credential, or entering an	526
apprenticeship.	527

(4) The student's high school provides counseling and support	528
for the student related to the plan developed under division	529
(D)(3) of this section during the remainder of the student's high	530
school experience.	531

(5) The student successfully completes, at a minimum, the	532
curriculum prescribed in division (B) of this section.	533

The department of education, in collaboration with the	534
chancellor, shall analyze student performance data to determine if	535
there are mitigating factors that warrant extending the exception	536
permitted by division (D) of this section to high school classes	537
beyond those entering ninth grade before July 1, 2014. The	538
department shall submit its findings and any recommendations not	539
later than August 1, 2014, to the speaker and minority leader of	540
the house of representatives, the president and minority leader of	541
the senate, the chairpersons and ranking minority members of the	542
standing committees of the house of representatives and the senate	543
that consider education legislation, the state board of education,	544
and the superintendent of public instruction.	545

(E) Each school district and chartered nonpublic school	546
retains the authority to require an even more rigorous minimum	547
curriculum for high school graduation than specified in division	548
(B) or (C) of this section. A school district board of education,	549
through the adoption of a resolution, or the governing authority	550
of a chartered nonpublic school may stipulate any of the	551
following:	552

(1) A minimum high school curriculum that requires more than	553
twenty units of academic credit to graduate;	554

(2) An exception to the district's or school's minimum high	555
school curriculum that is comparable to the exception provided in	556
division (D) of this section but with additional requirements,	557
which may include a requirement that the student successfully	558
complete more than the minimum curriculum prescribed in division	559
(B) of this section;	560

(3) That no exception comparable to that provided in division	561
(D) of this section is available.	562

(F) A student enrolled in a dropout prevention and recovery	563
program, which program has received a waiver from the department,	564
may qualify for graduation from high school by successfully	565
completing a competency-based instructional program administered	566
by the dropout prevention and recovery program in lieu of	567
completing the Ohio core curriculum prescribed in division (C) of	568
this section. The department shall grant a waiver to a dropout	569
prevention and recovery program, within sixty days after the	570
program applies for the waiver, if the program meets all of the	571
following conditions:	572

(1) The program serves only students not younger than sixteen	573
years of age and not older than twenty-one years of age.	574

(2) The program enrolls students who, at the time of their	575
initial enrollment, either, or both, are at least one grade level	576
behind their cohort age groups or experience crises that	577
significantly interfere with their academic progress such that	578
they are prevented from continuing their traditional programs.	579

(3) The program requires students to attain at least the	580
applicable score designated for each of the assessments prescribed	581
under division (B)(1) of section 3301.0710 of the Revised Code or,	582
to the extent prescribed by rule of the state board under division	583
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	584
of that section.	585

(4) The program develops an individual career plan for the	586
student that specifies the student's matriculating to a two-year	587
degree program, acquiring a business and industry credential, or	588
entering an apprenticeship.	589

(5) The program provides counseling and support for the	590
student related to the plan developed under division (F)(4) of	591
this section during the remainder of the student's high school	592
experience.	593

(6) The program requires the student and the student's	594
parent, guardian, or custodian to sign and file, in accordance	595
with procedural requirements stipulated by the program, a written	596
statement asserting the parent's, guardian's, or custodian's	597
consent to the student's graduating without completing the Ohio	598
core curriculum and acknowledging that one consequence of not	599
completing the Ohio core curriculum is ineligibility to enroll in	600
most state universities in Ohio without further coursework.	601

(7) Prior to receiving the waiver, the program has submitted	602
to the department an instructional plan that demonstrates how the	603
academic content standards adopted by the state board under	604
section 3301.079 of the Revised Code will be taught and assessed.	605

If the department does not act either to grant the waiver or	606
to reject the program application for the waiver within sixty days	607
as required under this section, the waiver shall be considered to	608
be granted.	609

(G) Every high school may permit students below the ninth	610
grade to take advanced work. If a high school so permits, it shall	611
award high school credit for successful completion of the advanced	612
work and shall count such advanced work toward the graduation	613
requirements of division (B) or (C) of this section if the	614
advanced work was both:	615

(1) Taught by a person who possesses a license or certificate	616
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	617
Code that is valid for teaching high school;	618

(2) Designated by the board of education of the city, local,	619
or exempted village school district, the board of the cooperative	620
education school district, or the governing authority of the	621
chartered nonpublic school as meeting the high school curriculum	622
requirements.	623

Each high school shall record on the student's high school	624
transcript all high school credit awarded under division (G) of	625
this section. In addition, if the student completed a seventh- or	626
eighth-grade fine arts course described in division (K) of this	627
section and the course qualified for high school credit under that	628
division, the high school shall record that course on the	629
student's high school transcript.	630

(H) The department shall make its individual academic career	631
plan available through its Ohio career information system web site	632
for districts and schools to use as a tool for communicating with	633
and providing guidance to students and families in selecting high	634
school courses.	635

(I) Units earned in English language arts, mathematics,	636
science, and social studies that are delivered through integrated	637
academic and career-technical instruction are eligible to meet the	638
graduation requirements of division (B) or (C) of this section.	639

(J) The state board, in consultation with the chancellor,	640
shall adopt a statewide plan implementing methods for students to	641
earn units of high school credit based on a demonstration of	642
subject area competency, instead of or in combination with	643
completing hours of classroom instruction. The state board shall	644
adopt the plan not later than March 31, 2009, and commence phasing	645
in the plan during the 2009-2010 school year. The plan shall	646
include a standard method for recording demonstrated proficiency	647
on high school transcripts. Each school district and community	648
school shall comply with the state board's plan adopted under this	649
division and award units of high school credit in accordance with	650
the plan. The state board may adopt existing methods for earning	651
high school credit based on a demonstration of subject area	652
competency as necessary prior to the 2009-2010 school year.	653

(K) This division does not apply to students who qualify for	654
graduation from high school under division (D) or (F) of this	655
section, or to students pursuing a career-technical instructional	656
track as determined by the school district board of education or	657
the chartered nonpublic school's governing authority.	658
Nevertheless, the general assembly encourages such students to	659
consider enrolling in a fine arts course as an elective.	660

Beginning with students who enter ninth grade for the first	661
time on or after July 1, 2010, each student enrolled in a public	662
or chartered nonpublic high school shall complete two semesters or	663
the equivalent of fine arts to graduate from high school. The	664
coursework may be completed in any of grades seven to twelve. Each	665
student who completes a fine arts course in grade seven or eight	666
may elect to count that course toward the five units of electives	667
required for graduation under division (C)(7)(8) of this section,	668
if the course satisfied the requirements of division (G) of this	669
section. In that case, the high school shall award the student	670
high school credit for the course and count the course toward the	671
five units required under division (C)(7)(8) of this section. If	672
the course in grade seven or eight did not satisfy the	673
requirements of division (G) of this section, the high school	674
shall not award the student high school credit for the course but	675
shall count the course toward the two semesters or the equivalent	676
of fine arts required by this division.	677

(L) Notwithstanding anything to the contrary in this section,	678
the board of education of each school district and the governing	679
authority of each chartered nonpublic school may adopt a policy to	680
excuse from the high school physical education requirement each	681
student who, during high school, has participated in	682
interscholastic athletics, marching band, or cheerleading for at	683
least two full seasons or in the junior reserve officer training	684
corps for at least two full school years. If the board or	685
authority adopts such a policy, the board or authority shall not	686
require the student to complete any physical education course as a	687
condition to graduate. However, the student shall be required to	688
complete one-half unit, consisting of at least sixty hours of	689
instruction, in another course of study. In the case of a student	690
who has participated in the junior reserve officer training corps	691
for at least two full school years, credit received for that	692
participation may be used to satisfy the requirement to complete	693
one-half unit in another course of study.	694

(M) It is important that high school students learn and	695
understand United States history and the governments of both the	696
United States and the state of Ohio. Therefore, beginning with	697
students who enter ninth grade for the first time on or after July	698
1, 2012, the study of American history and American government	699
required by divisions (B)(6) and (C)(6) of this section shall	700
include the study of all of the following documents:	701

(1) The Declaration of Independence;

702

(2) The Northwest Ordinance;

703

(3) The Constitution of the United States with emphasis on	704
the Bill of Rights;	705

(4) The Ohio Constitution.

706

The study of each of the documents prescribed in divisions	707
(M)(1) to (4) of this section shall include study of that document	708
in its original context.	709

The study of American history and government required by	710
divisions (B)(6) and (C)(6) of this section shall include the	711
historical evidence of the role of documents such as the	712
Federalist Papers and the Anti-Federalist Papers to firmly	713
establish the historical background leading to the establishment	714
of the provisions of the Constitution and Bill of Rights.	715

Sec. 3319.23.  A valid educator license for teaching social	716
studies in the applicable grade shall be considered sufficient to	717
teach the additional American history and American government	718
content adopted under division (A)(1)(b) of section 3301.079 of	719
the Revised Code.	720

Section 2. That existing sections 3301.079, 3301.0712,	721
3313.60, and 3313.603 of the Revised Code are hereby repealed.	722

Section 3.  Not later than July 1, 2012, the State Board of	723
Education shall review the Revised Code and recommend legislation	724
to the General Assembly to make changes necessary to fully	725
implement, and remove any potential impediment to, the additional	726
American history and American government content adopted under	727
division (A)(1)(b) of section 3301.079 of the Revised Code.	728

Section 4.  Nothing in this act shall be construed to limit	729
the ability of a school district or public or nonpublic school to	730
offer academic content based on the standards adopted under	731
division (A)(1)(b) of section 3301.079 of the Revised Code and the	732
academic content required under division (M) of section 3313.603	733
of the Revised Code through summer school, online, or any other	734
method of education offered by the district or school.	735