As Reported by the Senate Education Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 113

Representatives Antonio, Henne 

Cosponsors: Representatives Ramos, Brenner, Hood, Driehaus, Hagan, R., Letson, Stinziano, Milkovich, Boyce, Hackett, Rogers, Cera, Amstutz, Bishoff, Schuring Speaker Batchelder 

Senator Sawyer 

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A BILL

To amend section 3313.603 of the Revised Code

1

regarding the excusal of students from the high

2

school physical education requirement.

3

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

Section 1.  That section 3313.603 of the Revised Code be	4
amended to read as follows:	5

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

6

(1) "One unit" means a minimum of one hundred twenty hours of	7
course instruction, except that for a laboratory course, "one	8
unit" means a minimum of one hundred fifty hours of course	9
instruction.	10

(2) "One-half unit" means a minimum of sixty hours of course	11
instruction, except that for physical education courses, "one-half	12
unit" means a minimum of one hundred twenty hours of course	13
instruction.	14

(B) Beginning September 15, 2001, except as required in	15
division (C) of this section and division (C) of section 3313.614	16
of the Revised Code, the requirements for graduation from every	17
high school shall include twenty units earned in grades nine	18
through twelve and shall be distributed as follows:	19

(1) English language arts, four units;

20

(2) Health, one-half unit;

21

(3) Mathematics, three units;

22

(4) Physical education, one-half unit;

23

(5) Science, two units until September 15, 2003, and three	24
units thereafter, which at all times shall include both of the	25
following:	26

(a) Biological sciences, one unit;

27

(b) Physical sciences, one unit.

28

(6) History and government, one unit, which shall comply with	29
division (M) of this section and shall include both of the	30
following:	31

(a) American history, one-half unit;

32

(b) American government, one-half unit.

33

(7) Social studies, two units.

34

(8) Elective units, seven units until September 15, 2003, and	35
six units thereafter.	36

Each student's electives shall include at least one unit, or	37
two half units, chosen from among the areas of	38
business/technology, fine arts, and/or foreign language.	39

(C) Beginning with students who enter ninth grade for the	40
first time on or after July 1, 2010, except as provided in	41
divisions (D) to (F) of this section, the requirements for	42
graduation from every public and chartered nonpublic high school	43
shall include twenty units that are designed to prepare students	44
for the workforce and college. The units shall be distributed as	45
follows:	46

(1) English language arts, four units;

47

(2) Health, one-half unit, which shall include instruction in	48
nutrition and the benefits of nutritious foods and physical	49
activity for overall health;	50

(3) Mathematics, four units, which shall include one unit of	51
algebra II or the equivalent of algebra II;	52

(4) Physical education, one-half unit;

53

(5) Science, three units with inquiry-based laboratory	54
experience that engages students in asking valid scientific	55
questions and gathering and analyzing information, which shall	56
include the following, or their equivalent:	57

(a) Physical sciences, one unit;

58

(b) Life sciences, one unit;

59

(c) Advanced study in one or more of the following sciences,	60
one unit:	61

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

62

(ii) Advanced biology or other life science;

63

(iii) Astronomy, physical geology, or other earth or space	64
science.	65

(6) History and government, one unit, which shall comply with	66
division (M) of this section and shall include both of the	67
following:	68

(a) American history, one-half unit;

69

(b) American government, one-half unit.

70

(7) Social studies, two units.

71

Each school shall integrate the study of economics and	72
financial literacy, as expressed in the social studies academic	73
content standards adopted by the state board of education under	74
division (A)(1) of section 3301.079 of the Revised Code and the	75
academic content standards for financial literacy and	76
entrepreneurship adopted under division (A)(2) of that section,	77
into one or more existing social studies credits required under	78
division (C)(7) of this section, or into the content of another	79
class, so that every high school student receives instruction in	80
those concepts. In developing the curriculum required by this	81
paragraph, schools shall use available public-private partnerships	82
and resources and materials that exist in business, industry, and	83
through the centers for economics education at institutions of	84
higher education in the state.	85

(8) Five units consisting of one or any combination of	86
foreign language, fine arts, business, career-technical education,	87
family and consumer sciences, technology, agricultural education,	88
a junior reserve officer training corps (JROTC) program approved	89
by the congress of the United States under title 10 of the United	90
States Code, or English language arts, mathematics, science, or	91
social studies courses not otherwise required under division (C)	92
of this section.	93

Ohioans must be prepared to apply increased knowledge and	94
skills in the workplace and to adapt their knowledge and skills	95
quickly to meet the rapidly changing conditions of the	96
twenty-first century. National studies indicate that all high	97
school graduates need the same academic foundation, regardless of	98
the opportunities they pursue after graduation. The goal of Ohio's	99
system of elementary and secondary education is to prepare all	100
students for and seamlessly connect all students to success in	101
life beyond high school graduation, regardless of whether the next	102
step is entering the workforce, beginning an apprenticeship,	103
engaging in post-secondary training, serving in the military, or	104
pursuing a college degree.	105

The requirements for graduation prescribed in division (C) of	106
this section are the standard expectation for all students	107
entering ninth grade for the first time at a public or chartered	108
nonpublic high school on or after July 1, 2010. A student may	109
satisfy this expectation through a variety of methods, including,	110
but not limited to, integrated, applied, career-technical, and	111
traditional coursework.	112

Whereas teacher quality is essential for student success when	113
completing the requirements for graduation, the general assembly	114
shall appropriate funds for strategic initiatives designed to	115
strengthen schools' capacities to hire and retain highly qualified	116
teachers in the subject areas required by the curriculum. Such	117
initiatives are expected to require an investment of $120,000,000	118
over five years.	119

Stronger coordination between high schools and institutions	120
of higher education is necessary to prepare students for more	121
challenging academic endeavors and to lessen the need for academic	122
remediation in college, thereby reducing the costs of higher	123
education for Ohio's students, families, and the state. The state	124
board and the chancellor of the Ohio board of regents shall	125
develop policies to ensure that only in rare instances will	126
students who complete the requirements for graduation prescribed	127
in division (C) of this section require academic remediation after	128
high school.	129

School districts, community schools, and chartered nonpublic	130
schools shall integrate technology into learning experiences	131
across the curriculum in order to maximize efficiency, enhance	132
learning, and prepare students for success in the	133
technology-driven twenty-first century. Districts and schools	134
shall use distance and web-based course delivery as a method of	135
providing or augmenting all instruction required under this	136
division, including laboratory experience in science. Districts	137
and schools shall utilize technology access and electronic	138
learning opportunities provided by the broadcast educational media	139
commission, chancellor, the Ohio learning network, education	140
technology centers, public television stations, and other public	141
and private providers.	142

(D) Except as provided in division (E) of this section, a	143
student who enters ninth grade on or after July 1, 2010, and	144
before July 1, 2016, may qualify for graduation from a public or	145
chartered nonpublic high school even though the student has not	146
completed the requirements for graduation prescribed in division	147
(C) of this section if all of the following conditions are	148
satisfied:	149

(1) During the student's third year of attending high school,	150
as determined by the school, the student and the student's parent,	151
guardian, or custodian sign and file with the school a written	152
statement asserting the parent's, guardian's, or custodian's	153
consent to the student's graduating without completing the	154
requirements for graduation prescribed in division (C) of this	155
section and acknowledging that one consequence of not completing	156
those requirements is ineligibility to enroll in most state	157
universities in Ohio without further coursework.	158

(2) The student and parent, guardian, or custodian fulfill	159
any procedural requirements the school stipulates to ensure the	160
student's and parent's, guardian's, or custodian's informed	161
consent and to facilitate orderly filing of statements under	162
division (D)(1) of this section. Annually, each district or school	163
shall notify the department of education of the number of students	164
who choose to qualify for graduation under division (D) of this	165
section and the number of students who complete the student's	166
success plan and graduate from high school.	167

(3) The student and the student's parent, guardian, or	168
custodian and a representative of the student's high school	169
jointly develop a student success plan for the student in the	170
manner described in division (C)(1) of section 3313.6020 of the	171
Revised Code that specifies the student matriculating to a	172
two-year degree program, acquiring a business and	173
industry-recognized credential, or entering an apprenticeship.	174

(4) The student's high school provides counseling and support	175
for the student related to the plan developed under division	176
(D)(3) of this section during the remainder of the student's high	177
school experience.	178

(5)(a) Except as provided in division (D)(5)(b) of this	179
section, the student successfully completes, at a minimum, the	180
curriculum prescribed in division (B) of this section.	181

(b) Beginning with students who enter ninth grade for the	182
first time on or after July 1, 2014, a student shall be required	183
to complete successfully, at the minimum, the curriculum	184
prescribed in division (B) of this section, except as follows:	185

(i) Mathematics, four units, one unit which shall be one of	186
the following:	187

(I) Probability and statistics;

188

(II) Computer programming;

189

(III) Applied mathematics or quantitative reasoning;

190

(IV) Any other course approved by the department using	191
standards established by the superintendent not later than October	192
1, 2014.	193

(ii) Elective units, five units;

194

(iii) Science, three units as prescribed by division (B) of	195
this section which shall include inquiry-based laboratory	196
experience that engages students in asking valid scientific	197
questions and gathering and analyzing information.	198

The department, in collaboration with the chancellor, shall	199
analyze student performance data to determine if there are	200
mitigating factors that warrant extending the exception permitted	201
by division (D) of this section to high school classes beyond	202
those entering ninth grade before July 1, 2016. The department	203
shall submit its findings and any recommendations not later than	204
December 1, 2015, to the speaker and minority leader of the house	205
of representatives, the president and minority leader of the	206
senate, the chairpersons and ranking minority members of the	207
standing committees of the house of representatives and the senate	208
that consider education legislation, the state board of education,	209
and the superintendent of public instruction.	210

(E) Each school district and chartered nonpublic school	211
retains the authority to require an even more challenging minimum	212
curriculum for high school graduation than specified in division	213
(B) or (C) of this section. A school district board of education,	214
through the adoption of a resolution, or the governing authority	215
of a chartered nonpublic school may stipulate any of the	216
following:	217

(1) A minimum high school curriculum that requires more than	218
twenty units of academic credit to graduate;	219

(2) An exception to the district's or school's minimum high	220
school curriculum that is comparable to the exception provided in	221
division (D) of this section but with additional requirements,	222
which may include a requirement that the student successfully	223
complete more than the minimum curriculum prescribed in division	224
(B) of this section;	225

(3) That no exception comparable to that provided in division	226
(D) of this section is available.	227

(F) A student enrolled in a dropout prevention and recovery	228
program, which program has received a waiver from the department,	229
may qualify for graduation from high school by successfully	230
completing a competency-based instructional program administered	231
by the dropout prevention and recovery program in lieu of	232
completing the requirements for graduation prescribed in division	233
(C) of this section. The department shall grant a waiver to a	234
dropout prevention and recovery program, within sixty days after	235
the program applies for the waiver, if the program meets all of	236
the following conditions:	237

(1) The program serves only students not younger than sixteen	238
years of age and not older than twenty-one years of age.	239

(2) The program enrolls students who, at the time of their	240
initial enrollment, either, or both, are at least one grade level	241
behind their cohort age groups or experience crises that	242
significantly interfere with their academic progress such that	243
they are prevented from continuing their traditional programs.	244

(3) The program requires students to attain at least the	245
applicable score designated for each of the assessments prescribed	246
under division (B)(1) of section 3301.0710 of the Revised Code or,	247
to the extent prescribed by rule of the state board under division	248
(D)(5) of section 3301.0712 of the Revised Code, division (B)(2)	249
of that section.	250

(4) The program develops a student success plan for the	251
student in the manner described in division (C)(1) of section	252
3313.6020 of the Revised Code that specifies the student's	253
matriculating to a two-year degree program, acquiring a business	254
and industry-recognized credential, or entering an apprenticeship.	255

(5) The program provides counseling and support for the	256
student related to the plan developed under division (F)(4) of	257
this section during the remainder of the student's high school	258
experience.	259

(6) The program requires the student and the student's	260
parent, guardian, or custodian to sign and file, in accordance	261
with procedural requirements stipulated by the program, a written	262
statement asserting the parent's, guardian's, or custodian's	263
consent to the student's graduating without completing the	264
requirements for graduation prescribed in division (C) of this	265
section and acknowledging that one consequence of not completing	266
those requirements is ineligibility to enroll in most state	267
universities in Ohio without further coursework.	268

(7) Prior to receiving the waiver, the program has submitted	269
to the department an instructional plan that demonstrates how the	270
academic content standards adopted by the state board under	271
section 3301.079 of the Revised Code will be taught and assessed.	272

(8) Prior to receiving the waiver, the program has submitted	273
to the department a policy on career advising that satisfies the	274
requirements of section 3313.6020 of the Revised Code, with an	275
emphasis on how every student will receive career advising.	276

(9) Prior to receiving the waiver, the program has submitted	277
to the department a written agreement outlining the future	278
cooperation between the program and any combination of local job	279
training, postsecondary education, nonprofit, and health and	280
social service organizations to provide services for students in	281
the program and their families.	282

Divisions (F)(8) and (9) of this section apply only to	283
waivers granted on or after July 1, 2015.	284

If the department does not act either to grant the waiver or	285
to reject the program application for the waiver within sixty days	286
as required under this section, the waiver shall be considered to	287
be granted.	288

(G) Every high school may permit students below the ninth	289
grade to take advanced work. If a high school so permits, it shall	290
award high school credit for successful completion of the advanced	291
work and shall count such advanced work toward the graduation	292
requirements of division (B) or (C) of this section if the	293
advanced work was both:	294

(1) Taught by a person who possesses a license or certificate	295
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	296
Code that is valid for teaching high school;	297

(2) Designated by the board of education of the city, local,	298
or exempted village school district, the board of the cooperative	299
education school district, or the governing authority of the	300
chartered nonpublic school as meeting the high school curriculum	301
requirements.	302

Each high school shall record on the student's high school	303
transcript all high school credit awarded under division (G) of	304
this section. In addition, if the student completed a seventh- or	305
eighth-grade fine arts course described in division (K) of this	306
section and the course qualified for high school credit under that	307
division, the high school shall record that course on the	308
student's high school transcript.	309

(H) The department shall make its individual academic career	310
plan available through its Ohio career information system web site	311
for districts and schools to use as a tool for communicating with	312
and providing guidance to students and families in selecting high	313
school courses.	314

(I) Units earned in English language arts, mathematics,	315
science, and social studies that are delivered through integrated	316
academic and career-technical instruction are eligible to meet the	317
graduation requirements of division (B) or (C) of this section.	318

(J) The state board, in consultation with the chancellor,	319
shall adopt a statewide plan implementing methods for students to	320
earn units of high school credit based on a demonstration of	321
subject area competency, instead of or in combination with	322
completing hours of classroom instruction. The state board shall	323
adopt the plan not later than March 31, 2009, and commence phasing	324
in the plan during the 2009-2010 school year. The plan shall	325
include a standard method for recording demonstrated proficiency	326
on high school transcripts. Each school district and community	327
school shall comply with the state board's plan adopted under this	328
division and award units of high school credit in accordance with	329
the plan. The state board may adopt existing methods for earning	330
high school credit based on a demonstration of subject area	331
competency as necessary prior to the 2009-2010 school year.	332

(K) This division does not apply to students who qualify for	333
graduation from high school under division (D) or (F) of this	334
section, or to students pursuing a career-technical instructional	335
track as determined by the school district board of education or	336
the chartered nonpublic school's governing authority.	337
Nevertheless, the general assembly encourages such students to	338
consider enrolling in a fine arts course as an elective.	339

Beginning with students who enter ninth grade for the first	340
time on or after July 1, 2010, each student enrolled in a public	341
or chartered nonpublic high school shall complete two semesters or	342
the equivalent of fine arts to graduate from high school. The	343
coursework may be completed in any of grades seven to twelve. Each	344
student who completes a fine arts course in grade seven or eight	345
may elect to count that course toward the five units of electives	346
required for graduation under division (C)(8) of this section, if	347
the course satisfied the requirements of division (G) of this	348
section. In that case, the high school shall award the student	349
high school credit for the course and count the course toward the	350
five units required under division (C)(8) of this section. If the	351
course in grade seven or eight did not satisfy the requirements of	352
division (G) of this section, the high school shall not award the	353
student high school credit for the course but shall count the	354
course toward the two semesters or the equivalent of fine arts	355
required by this division.	356

(L) Notwithstanding anything to the contrary in this section,	357
the board of education of each school district and the governing	358
authority of each chartered nonpublic school may adopt a policy to	359
excuse from the high school physical education requirement each	360
student who, during high school, demonstrates competency in the	361
physical education standards adopted by the state board pursuant	362
to division (A)(3) of section 3301.079 of the Revised Code, and	363
who has participated in interscholastic athletics, marching band,	364
a school-sponsored athletic club, or cheerleading for at least two	365
full seasons or in the junior reserve officer training corps for	366
at least two full school years. If the board or authority adopts	367
such a policy, the board or authority shall not require the	368
student to complete any physical education course as a condition	369
to graduate, provided that the student demonstrates success in	370
meeting the benchmarks contained in the physical education	371
standards adopted by the state board pursuant to division (A)(3)	372
of section 3301.079 of the Revised Code, and as specified in	373
section 3302.032 of the Revised Code. However, the student shall	374
be required to complete one-half unit, consisting of at least	375
sixty hours of instruction, in another course of study. In the	376
case of a student who has participated in the junior reserve	377
officer training corps for at least two full school years, credit	378
received for that participation may be used to satisfy the	379
requirement to complete one-half unit in another course of study.	380

The board of education of a school district or governing	381
authority of a school may designate a person or persons who shall	382
determine whether a student demonstrates success in the benchmarks	383
contained in the physical education standards adopted by the state	384
board as described in this division.	385

(M) It is important that high school students learn and	386
understand United States history and the governments of both the	387
United States and the state of Ohio. Therefore, beginning with	388
students who enter ninth grade for the first time on or after July	389
1, 2012, the study of American history and American government	390
required by divisions (B)(6) and (C)(6) of this section shall	391
include the study of all of the following documents:	392

(1) The Declaration of Independence;

393

(2) The Northwest Ordinance;

394

(3) The Constitution of the United States with emphasis on	395
the Bill of Rights;	396

(4) The Ohio Constitution.

397

The study of each of the documents prescribed in divisions	398
(M)(1) to (4) of this section shall include study of that document	399
in its original context.	400

The study of American history and government required by	401
divisions (B)(6) and (C)(6) of this section shall include the	402
historical evidence of the role of documents such as the	403
Federalist Papers and the Anti-Federalist Papers to firmly	404
establish the historical background leading to the establishment	405
of the provisions of the Constitution and Bill of Rights.	406

Section 2.  That existing section 3313.603 of the Revised	407
Code is hereby repealed.	408