Sub. H. B. No. 193 As Passed by the House

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 193

Representative Brenner

Cosponsors: Representatives Bishoff, Anielski, Brown, Burkley, Fedor, Grossman, Hagan, C., Kunze, Letson, McGregor, Milkovich, Patmon, Sheehy, Stebelton Speaker Batchelder

A BILL

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.16, 3302.02, 3302.03, 3302.031,

2

3310.14, 3310.522, 3313.532, 3313.603, 3313.61,

3

3313.611, 3313.612, 3313.614, 3313.615, 3313.976,

4

3314.017, 3314.03, 3314.36, 3325.08, 3326.11,

5

3328.24, 3328.25, 3329.07, 3329.08, and 3333.123

6

and to enact sections 3301.946, 3302.036,

7

3313.618, 3314.019, 3329.081, and 3329.082 of the

8

Revised Code with respect to state academic

9

achievement assessments and high school graduation

10

requirements; to amend the version of section

11

3326.11 of the Revised Code that is scheduled to

12

take effect July 1, 2014, to continue the

13

provisions of this act on or after that effective

14

date.

15

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	16
3301.0712, 3301.16, 3302.02, 3302.03, 3302.031, 3310.14, 3310.522,	17
3313.532, 3313.603, 3313.61, 3313.611, 3313.612, 3313.614,	18
3313.615, 3313.976, 3314.017, 3314.03, 3314.36, 3325.08, 3326.11,	19
3328.24, 3328.25, 3329.07, 3329.08, and 3333.123 be amended and	20
sections 3301.946, 3302.036, 3313.618, 3314.019, 3329.081, and	21
3329.082 of the Revised Code be enacted to read as follows:	22

Sec. 3301.079. (A)(1) The state board of education	23
periodically shall adopt statewide academic standards with	24
emphasis on coherence, focus, and rigor for each of grades	25
kindergarten through twelve in English language arts, mathematics,	26
science, and social studies. Prior to adopting or revising any	27
academic content standards under division (A) of this section on	28
or after the effective date of this amendment, the state board	29
shall hold not less than three public hearings that allow public	30
comment and testimony on the proposed academic standards or	31
revisions. Not less than fourteen days prior to each public	32
hearing, the state board shall provide notice of the hearing to	33
all school districts, all public and chartered nonpublic schools,	34
the news media, the governor, and all members of the general	35
assembly. The notice shall also be posted in a prominent location	36
on the department of education's web site.	37

(a) The standards shall specify the following:

38

(i) The core academic content and skills that students are	39
expected to know and be able to do at each grade level that will	40
allow each student to be prepared for postsecondary instruction	41
and the workplace for success in the twenty-first century;	42

(ii) The development of skill sets that promote information,	43
media, and technological literacy;	44

(iii) Interdisciplinary, project-based, real-world learning	45
opportunities.	46

(b) Not later than July 1, 2012, the state board shall	47
incorporate into the social studies standards for grades four to	48
twelve academic content regarding the original texts of the	49
Declaration of Independence, the Northwest Ordinance, the	50
Constitution of the United States and its amendments, with	51
emphasis on the Bill of Rights, and the Ohio Constitution, and	52
their original context. The state board shall revise the model	53
curricula and achievement assessments adopted under divisions (B)	54
and (C) of this section as necessary to reflect the additional	55
American history and American government content. The state board	56
shall make available a list of suggested grade-appropriate	57
supplemental readings that place the documents prescribed by this	58
division in their historical context, which teachers may use as a	59
resource to assist students in reading the documents within that	60
context.	61

(2) After completing the standards required by division	62
(A)(1) of this section, the state board shall adopt standards and	63
model curricula for instruction in technology, financial literacy	64
and entrepreneurship, fine arts, and foreign language for grades	65
kindergarten through twelve. The standards shall meet the same	66
requirements prescribed in division (A)(1)(a) of this section.	67

(3) The state board shall adopt the most recent standards	68
developed by the national association for sport and physical	69
education for physical education in grades kindergarten through	70
twelve or shall adopt its own standards for physical education in	71
those grades and revise and update them periodically.	72

The department of education shall employ a full-time physical	73
education coordinator to provide guidance and technical assistance	74
to districts, community schools, and STEM schools in implementing	75
the physical education standards adopted under this division. The	76
superintendent of public instruction shall determine that the	77
person employed as coordinator is qualified for the position, as	78
demonstrated by possessing an adequate combination of education,	79
license, and experience.	80

(4) When academic standards have been completed for any	81
subject area required by this section, the state board shall	82
inform all school districts, all community schools established	83
under Chapter 3314. of the Revised Code, all STEM schools	84
established under Chapter 3326. of the Revised Code, and all	85
nonpublic schools required to administer the assessments	86
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	87
of the content of those standards.	88

(B)(1) The state board shall adopt a model curriculum for	89
instruction in each subject area for which updated academic	90
standards are required by division (A)(1) of this section and for	91
each of grades kindergarten through twelve that is sufficient to	92
meet the needs of students in every community. The model	93
curriculum shall be aligned with the standards, to ensure that the	94
academic content and skills specified for each grade level are	95
taught to students, and shall demonstrate vertical articulation	96
and emphasize coherence, focus, and rigor. When any model	97
curriculum has been completed, the state board shall inform all	98
school districts, community schools, and STEM schools of the	99
content of that model curriculum.	100

(2) Not later than June 30, 2013, the state board, in	101
consultation with any office housed in the governor's office that	102
deals with workforce development, shall adopt model curricula for	103
grades kindergarten through twelve that embed career connection	104
learning strategies into regular classroom instruction.	105

(3) All school districts, community schools, and STEM schools	106
may utilize the state standards and the model curriculum	107
established by the state board, together with other relevant	108
resources, examples, or models to ensure that students have the	109
opportunity to attain the academic standards. Upon request, the	110
department shall provide technical assistance to any district,	111
community school, or STEM school in implementing the model	112
curriculum.	113

Nothing in this section requires any school district to	114
utilize all or any part of a model curriculum developed under this	115
section.	116

(C) The state board shall develop achievement assessments	117
aligned with the academic standards ~~and model curriculum~~ for each	118
of the subject areas and grade levels required by divisions (A)(1)	119
and (B)(1) of section 3301.0710 of the Revised Code.	120

When any achievement assessment has been completed, the state	121
board shall inform all school districts, community schools, STEM	122
schools, and nonpublic schools required to administer the	123
assessment of its completion, and the department shall make the	124
achievement assessment available to the districts and schools.	125

(D)(1) The state board shall adopt a diagnostic assessment	126
aligned with the academic standards and model curriculum for each	127
of grades kindergarten through two in reading, writing, and	128
mathematics and for grade three in reading and writing. The	129
diagnostic assessment shall be designed to measure student	130
comprehension of academic content and mastery of related skills	131
for the relevant subject area and grade level. Any diagnostic	132
assessment shall not include components to identify gifted	133
students. Blank copies of diagnostic assessments shall be public	134
records.	135

(2) When each diagnostic assessment has been completed, the	136
state board shall inform all school districts of its completion	137
and the department shall make the diagnostic assessment available	138
to the districts at no cost to the district. School districts	139
shall administer the diagnostic assessment pursuant to section	140
3301.0715 of the Revised Code beginning the first school year	141
following the development of the assessment.	142

(E) The state board shall not adopt a diagnostic or	143
achievement assessment for any grade level or subject area other	144
than those specified in this section.	145

(F) ~~Whenever~~When the state board or the department ~~consults~~	146
~~with persons for the purpose of drafting or reviewing~~drafts or	147
conducts a review of any standards, diagnostic assessments,	148
achievement assessments, or model curriculum required under this	149
section, the state board or the department shall ~~first~~ consult	150
with parents of students in kindergarten through twelfth grade ~~and~~	151
~~with active Ohio~~, currently employed classroom teachers, other	152
school personnel, ~~and~~ administrators with expertise in the	153
~~appropriate~~ subject area, and representatives of higher education.	154
~~Whenever practicable, the state board and department shall consult~~	155
~~with teachers recognized as outstanding in their fields.~~	156

If the department contracts with more than one outside entity	157
for the development of the achievement assessments required by	158
this section, the department shall ensure the interchangeability	159
of those assessments.	160

(G) Whenever the state board adopts standards or model	161
curricula under this section, the department also shall provide	162
information on the use of blended or digital learning in the	163
delivery of the standards or curricula to students in accordance	164
with division (A)(4) of this section.	165

(H) The fairness sensitivity review committee, established by	166
rule of the state board of education, shall not allow any question	167
on any achievement or diagnostic assessment developed under this	168
section or any proficiency test prescribed by former section	169
3301.0710 of the Revised Code, as it existed prior to September	170
11, 2001, to include, be written to promote, or inquire as to	171
individual moral or social values or beliefs. The decision of the	172
committee shall be final. This section does not create a private	173
cause of action.	174

(I) Not later than forty-five days prior to the adoption by	175
the state board of updated academic standards under division	176
(A)(1) of this section or updated model curricula under division	177
(B)(1) of this section, the superintendent of public instruction	178
shall present the academic standards or model curricula, as	179
applicable, to the respective committees of the house of	180
representatives and senate that consider education legislation.	181

(J) As used in this section:

182

(1) "Blended learning" means the delivery of instruction in a	183
combination of time in a supervised physical location away from	184
home and online delivery whereby the student has some element of	185
control over time, place, path, or pace of learning.	186

(2) "Coherence" means a reflection of the structure of the	187
discipline being taught.	188

(3) "Digital learning" means learning facilitated by	189
technology that gives students some element of control over time,	190
place, path, or pace of learning.	191

(4) "Focus" means limiting the number of items included in a	192
curriculum to allow for deeper exploration of the subject matter.	193

(5) "Rigor" means more challenging and demanding when	194
compared to international standards.	195

(6) "Vertical articulation" means key academic concepts and	196
skills associated with mastery in particular content areas should	197
be articulated and reinforced in a developmentally appropriate	198
manner at each grade level so that over time students acquire a	199
depth of knowledge and understanding in the core academic	200
disciplines.	201

Sec. 3301.0710. The state board of education shall adopt	202
rules establishing a statewide program to assess student	203
achievement. The state board shall ensure that all assessments	204
administered under the program are aligned with the academic	205
standards ~~and model curricula~~ adopted by the state board and are	206
created with input from Ohio parents, Ohio classroom teachers,	207
Ohio school administrators, and other Ohio school personnel	208
pursuant to section 3301.079 of the Revised Code.	209

The assessment program shall be designed to ensure that	210
students who receive a high school diploma demonstrate at least	211
high school levels of achievement in English language arts,	212
mathematics, science, and social studies.	213

(A)(1) The state board shall prescribe all of the following:

214

(a) Two statewide achievement assessments, one each designed	215
to measure the level of English language arts and mathematics	216
skill expected at the end of third grade;	217

(b) Three statewide achievement assessments, one each	218
designed to measure the level of English language arts,	219
mathematics, and social studies skill expected at the end of	220
fourth grade;	221

(c) Three statewide achievement assessments, one each	222
designed to measure the level of English language arts,	223
mathematics, and science skill expected at the end of fifth grade;	224

(d) Three statewide achievement assessments, one each	225
designed to measure the level of English language arts,	226
mathematics, and social studies skill expected at the end of sixth	227
grade;	228

(e) Two statewide achievement assessments, one each designed	229
to measure the level of English language arts and mathematics	230
skill expected at the end of seventh grade;	231

(f) Three statewide achievement assessments, one each	232
designed to measure the level of English language arts,	233
mathematics, and science skill expected at the end of eighth	234
grade.	235

(2) The state board shall determine and designate at least	236
five ranges of scores on each of the achievement assessments	237
described in divisions (A)(1) and (B)(1) of this section. Each	238
range of scores shall be deemed to demonstrate a level of	239
achievement so that any student attaining a score within such	240
range has achieved one of the following:	241

(a) ~~An advanced~~A superior level of skill;

242

(b) ~~An accelerated~~A commended level of skill;

243

(c) A proficient level of skill;

244

(d) A basic level of skill;

245

(e) A limited level of skill.

246

(3) For the purpose of implementing division (A) of section	247
3313.608 of the Revised Code, the state board shall determine and	248
designate a level of achievement, not lower than the level	249
designated in division (A)(2)(e) of this section, on the third	250
grade English language arts assessment for a student to be	251
promoted to the fourth grade. The state board shall review and	252
adjust upward the level of achievement designated under this	253
division each year the test is administered until the level is set	254
equal to the level designated in division (A)(2)(c) of this	255
section.	256

(B)(1) The assessments prescribed under division (B)(1) of	257
this section shall collectively be known as the Ohio graduation	258
tests. The state board shall prescribe five statewide high school	259
achievement assessments, one each designed to measure the level of	260
reading, writing, mathematics, science, and social studies skill	261
expected at the end of tenth grade. The state board shall	262
designate a score in at least the range designated under division	263
(A)(2)(c) of this section on each such assessment that shall be	264
deemed to be a passing score on the assessment as a condition	265
toward granting high school diplomas under sections 3313.61,	266
3313.611, 3313.612, and 3325.08 of the Revised Code until the	267
assessment system prescribed by section 3301.0712 of the Revised	268
Code is implemented in accordance with rules adopted by the state	269
board under division ~~(D)~~(G) of that section.	270

(2) The state board shall prescribe an assessment system in	271
accordance with section 3301.0712 of the Revised Code that shall	272
replace the Ohio graduation tests in the manner prescribed by	273
rules adopted by the state board under division ~~(D)~~(G) of that	274
section.	275

(3) The state board may enter into a reciprocal agreement	276
with the appropriate body or agency of any other state that has	277
similar statewide achievement assessment requirements for	278
receiving high school diplomas, under which any student who has	279
met an achievement assessment requirement of one state is	280
recognized as having met the similar requirement of the other	281
state for purposes of receiving a high school diploma. For	282
purposes of this section and sections 3301.0711 and 3313.61 of the	283
Revised Code, any student enrolled in any public high school in	284
this state who has met an achievement assessment requirement	285
specified in a reciprocal agreement entered into under this	286
division shall be deemed to have attained at least the applicable	287
score designated under this division on each assessment required	288
by division (B)(1) or (2) of this section that is specified in the	289
agreement.	290

(C) The superintendent of public instruction shall designate	291
dates and times for the administration of the assessments	292
prescribed by divisions (A) and (B) of this section.	293

In prescribing administration dates pursuant to this	294
division, the superintendent shall designate the dates in such a	295
way as to allow a reasonable length of time between the	296
administration of assessments prescribed under this section and	297
any administration of the national assessment of educational	298
progress given to students in the same grade level pursuant to	299
section 3301.27 of the Revised Code or federal law.	300

(D) The state board shall prescribe a practice version of	301
each Ohio graduation test described in division (B)(1) of this	302
section that is of comparable length to the actual test.	303

(E) Any committee established by the department of education	304
for the purpose of making recommendations to the state board	305
regarding the state board's designation of scores on the	306
assessments described by this section shall inform the state board	307
of the probable percentage of students who would score in each of	308
the ranges established under division (A)(2) of this section on	309
the assessments if the committee's recommendations are adopted by	310
the state board. To the extent possible, these percentages shall	311
be disaggregated by gender, major racial and ethnic groups,	312
limited English proficient students, economically disadvantaged	313
students, students with disabilities, and migrant students.	314

Sec. 3301.0711. (A) The department of education shall:

315

(1) Annually furnish to, grade, and score all assessments	316
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	317
the Revised Code to be administered by city, local, exempted	318
village, and joint vocational school districts, except that each	319
district shall score any assessment administered pursuant to	320
division (B)(10) of this section. Each assessment so furnished	321
shall include the data verification code of the student to whom	322
the assessment will be administered, as assigned pursuant to	323
division (D)(2) of section 3301.0714 of the Revised Code. In	324
furnishing the practice versions of Ohio graduation tests	325
prescribed by division (D) of section 3301.0710 of the Revised	326
Code, the department shall make the tests available on its web	327
site for reproduction by districts. In awarding contracts for	328
grading assessments, the department shall give preference to	329
Ohio-based entities employing Ohio residents.	330

(2) Adopt rules for the ethical use of assessments and	331
prescribing the manner in which the assessments prescribed by	332
section 3301.0710 of the Revised Code shall be administered to	333
students.	334

(B) Except as provided in divisions (C) and (J) of this	335
section, the board of education of each city, local, and exempted	336
village school district shall, in accordance with rules adopted	337
under division (A) of this section:	338

(1) Administer the English language arts assessments	339
prescribed under division (A)(1)(a) of section 3301.0710 of the	340
Revised Code twice annually to all students in the third grade who	341
have not attained the score designated for that assessment under	342
division (A)(2)(c) of section 3301.0710 of the Revised Code.	343

(2) Administer the mathematics assessment prescribed under	344
division (A)(1)(a) of section 3301.0710 of the Revised Code at	345
least once annually to all students in the third grade.	346

(3) Administer the assessments prescribed under division	347
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	348
annually to all students in the fourth grade.	349

(4) Administer the assessments prescribed under division	350
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	351
annually to all students in the fifth grade.	352

(5) Administer the assessments prescribed under division	353
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	354
annually to all students in the sixth grade.	355

(6) Administer the assessments prescribed under division	356
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	357
annually to all students in the seventh grade.	358

(7) Administer the assessments prescribed under division	359
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	360
annually to all students in the eighth grade.	361

(8) Except as provided in division (B)(9) of this section,	362
administer any assessment prescribed under division (B)(1) of	363
section 3301.0710 of the Revised Code as follows:	364

(a) At least once annually to all tenth grade students and at	365
least twice annually to all students in eleventh or twelfth grade	366
who have not yet attained the score on that assessment designated	367
under that division;	368

(b) To any person who has successfully completed the	369
curriculum in any high school or the individualized education	370
program developed for the person by any high school pursuant to	371
section 3323.08 of the Revised Code but has not received a high	372
school diploma and who requests to take such assessment, at any	373
time such assessment is administered in the district.	374

(9) In lieu of the board of education of any city, local, or	375
exempted village school district in which the student is also	376
enrolled, the board of a joint vocational school district shall	377
administer any assessment prescribed under division (B)(1) of	378
section 3301.0710 of the Revised Code at least twice annually to	379
any student enrolled in the joint vocational school district who	380
has not yet attained the score on that assessment designated under	381
that division. A board of a joint vocational school district may	382
also administer such an assessment to any student described in	383
division (B)(8)(b) of this section.	384

(10) If the district has a three-year average graduation rate	385
of not more than seventy-five per cent, administer each assessment	386
prescribed by division (D) of section 3301.0710 of the Revised	387
Code in September to all ninth grade students, beginning in the	388
school year that starts July 1, 2005.	389

Except as provided in section 3313.614 of the Revised Code	390
for administration of an assessment to a person who has fulfilled	391
the curriculum requirement for a high school diploma but has not	392
passed one or more of the required assessments, the assessments	393
prescribed under division (B)(1) of section 3301.0710 of the	394
Revised Code and the practice assessments prescribed under	395
division (D) of that section and required to be administered under	396
divisions (B)(8), (9), and (10) of this section shall not be	397
administered after ~~the assessment system prescribed by division~~	398
~~(B)(2) of section 3301.0710 and section 3301.0712 of the Revised~~	399
~~Code is implemented under rule of the state board adopted under~~	400
~~division (D)(1) of section 3301.0712 of the Revised Code~~July 1,	401
2016.	402

(11) Administer the assessments prescribed by division (B)(2)	403
of section 3301.0710 and section 3301.0712 of the Revised Code in	404
accordance with the timeline and plan for implementation of those	405
assessments prescribed by rule of the state board adopted under	406
division ~~(D)~~(G)(1) of section 3301.0712 of the Revised Code.	407

(C)(1)(a) In the case of a student receiving special	408
education services under Chapter 3323. of the Revised Code, the	409
individualized education program developed for the student under	410
that chapter shall specify the manner in which the student will	411
participate in the assessments administered under this section.	412
The individualized education program may excuse the student from	413
taking any particular assessment required to be administered under	414
this section if it instead specifies an alternate assessment	415
method approved by the department of education as conforming to	416
requirements of federal law for receipt of federal funds for	417
disadvantaged pupils. To the extent possible, the individualized	418
education program shall not excuse the student from taking an	419
assessment unless no reasonable accommodation can be made to	420
enable the student to take the assessment.	421

(b) Any alternate assessment approved by the department for a	422
student under this division shall produce measurable results	423
comparable to those produced by the assessment it replaces in	424
order to allow for the student's results to be included in the	425
data compiled for a school district or building under section	426
3302.03 of the Revised Code.	427

(c) Any student enrolled in a chartered nonpublic school who	428
has been identified, based on an evaluation conducted in	429
accordance with section 3323.03 of the Revised Code or section 504	430
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	431
794, as amended, as a child with a disability shall be excused	432
from taking any particular assessment required to be administered	433
under this section if a plan developed for the student pursuant to	434
rules adopted by the state board excuses the student from taking	435
that assessment. In the case of any student so excused from taking	436
an assessment, the chartered nonpublic school shall not prohibit	437
the student from taking the assessment.	438

(2) A district board may, for medical reasons or other good	439
cause, excuse a student from taking an assessment administered	440
under this section on the date scheduled, but that assessment	441
shall be administered to the excused student not later than nine	442
days following the scheduled date. The district board shall	443
annually report the number of students who have not taken one or	444
more of the assessments required by this section to the state	445
board of education not later than the thirtieth day of June.	446

(3) As used in this division, "limited English proficient	447
student" has the same meaning as in 20 U.S.C. 7801.	448

No school district board shall excuse any limited English	449
proficient student from taking any particular assessment required	450
to be administered under this section, except that any limited	451
English proficient student who has been enrolled in United States	452
schools for less than one full school year shall not be required	453
to take any reading, writing, or English language arts assessment.	454
However, no board shall prohibit a limited English proficient	455
student who is not required to take an assessment under this	456
division from taking the assessment. A board may permit any	457
limited English proficient student to take an assessment required	458
to be administered under this section with appropriate	459
accommodations, as determined by the department. For each limited	460
English proficient student, each school district shall annually	461
assess that student's progress in learning English, in accordance	462
with procedures approved by the department.	463

The governing authority of a chartered nonpublic school may	464
excuse a limited English proficient student from taking any	465
assessment administered under this section. However, no governing	466
authority shall prohibit a limited English proficient student from	467
taking the assessment.	468

(D)(1) In the school year next succeeding the school year in	469
which the assessments prescribed by division (A)(1) or (B)(1) of	470
section 3301.0710 of the Revised Code or former division (A)(1),	471
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	472
existed prior to September 11, 2001, are administered to any	473
student, the board of education of any school district in which	474
the student is enrolled in that year shall provide to the student	475
intervention services commensurate with the student's performance,	476
including any intensive intervention required under section	477
3313.608 of the Revised Code, in any skill in which the student	478
failed to demonstrate at least a score at the proficient level on	479
the assessment.	480

(2) Following any administration of the assessments	481
prescribed by division (D) of section 3301.0710 of the Revised	482
Code to ninth grade students, each school district that has a	483
three-year average graduation rate of not more than seventy-five	484
per cent shall determine for each high school in the district	485
whether the school shall be required to provide intervention	486
services to any students who took the assessments. In determining	487
which high schools shall provide intervention services based on	488
the resources available, the district shall consider each school's	489
graduation rate and scores on the practice assessments. The	490
district also shall consider the scores received by ninth grade	491
students on the English language arts and mathematics assessments	492
prescribed under division (A)(1)(f) of section 3301.0710 of the	493
Revised Code in the eighth grade in determining which high schools	494
shall provide intervention services.	495

Each high school selected to provide intervention services	496
under this division shall provide intervention services to any	497
student whose results indicate that the student is failing to make	498
satisfactory progress toward being able to attain scores at the	499
proficient level on the Ohio graduation tests. Intervention	500
services shall be provided in any skill in which a student	501
demonstrates unsatisfactory progress and shall be commensurate	502
with the student's performance. Schools shall provide the	503
intervention services prior to the end of the school year, during	504
the summer following the ninth grade, in the next succeeding	505
school year, or at any combination of those times.	506

(E) Except as provided in section 3313.608 of the Revised	507
Code and division (M) of this section, no school district board of	508
education shall utilize any student's failure to attain a	509
specified score on an assessment administered under this section	510
as a factor in any decision to deny the student promotion to a	511
higher grade level. However, a district board may choose not to	512
promote to the next grade level any student who does not take an	513
assessment administered under this section or make up an	514
assessment as provided by division (C)(2) of this section and who	515
is not exempt from the requirement to take the assessment under	516
division (C)(3) of this section.	517

(F) No person shall be charged a fee for taking any	518
assessment administered under this section.	519

(G)(1) Each school district board shall designate one	520
location for the collection of assessments administered in the	521
spring under division (B)(1) of this section and those	522
administered under divisions (B)(2) to (7) of this section. Each	523
district board shall submit the assessments to the entity with	524
which the department contracts for the scoring of the assessments	525
as follows:	526

(a) If the district's total enrollment in grades kindergarten	527
through twelve during the first full school week of October was	528
less than two thousand five hundred, not later than the Friday	529
after all of the assessments have been administered;	530

(b) If the district's total enrollment in grades kindergarten	531
through twelve during the first full school week of October was	532
two thousand five hundred or more, but less than seven thousand,	533
not later than the Monday after all of the assessments have been	534
administered;	535

(c) If the district's total enrollment in grades kindergarten	536
through twelve during the first full school week of October was	537
seven thousand or more, not later than the Tuesday after all of	538
the assessments have been administered.	539

However, any assessment that a student takes during the	540
make-up period described in division (C)(2) of this section shall	541
be submitted not later than the Friday following the day the	542
student takes the assessment.	543

(2) The department or an entity with which the department	544
contracts for the scoring of the assessment shall send to each	545
school district board a list of the individual scores of all	546
persons taking an assessment prescribed by division (A)(1) or	547
(B)(1) of section 3301.0710 of the Revised Code within sixty days	548
after its administration, but in no case shall the scores be	549
returned later than the fifteenth day of June following the	550
administration. For assessments administered under this section by	551
a joint vocational school district, the department or entity shall	552
also send to each city, local, or exempted village school district	553
a list of the individual scores of any students of such city,	554
local, or exempted village school district who are attending	555
school in the joint vocational school district.	556

(H) Individual scores on any assessments administered under	557
this section shall be released by a district board only in	558
accordance with section 3319.321 of the Revised Code and the rules	559
adopted under division (A) of this section. No district board or	560
its employees shall utilize individual or aggregate results in any	561
manner that conflicts with rules for the ethical use of	562
assessments adopted pursuant to division (A) of this section.	563

(I) Except as provided in division (G) of this section, the	564
department or an entity with which the department contracts for	565
the scoring of the assessment shall not release any individual	566
scores on any assessment administered under this section. The	567
state board of education shall adopt rules to ensure the	568
protection of student confidentiality at all times. The rules may	569
require the use of the data verification codes assigned to	570
students pursuant to division (D)(2) of section 3301.0714 of the	571
Revised Code to protect the confidentiality of student scores.	572

(J) Notwithstanding division (D) of section 3311.52 of the	573
Revised Code, this section does not apply to the board of	574
education of any cooperative education school district except as	575
provided under rules adopted pursuant to this division.	576

(1) In accordance with rules that the state board of	577
education shall adopt, the board of education of any city,	578
exempted village, or local school district with territory in a	579
cooperative education school district established pursuant to	580
divisions (A) to (C) of section 3311.52 of the Revised Code may	581
enter into an agreement with the board of education of the	582
cooperative education school district for administering any	583
assessment prescribed under this section to students of the city,	584
exempted village, or local school district who are attending	585
school in the cooperative education school district.	586

(2) In accordance with rules that the state board of	587
education shall adopt, the board of education of any city,	588
exempted village, or local school district with territory in a	589
cooperative education school district established pursuant to	590
section 3311.521 of the Revised Code shall enter into an agreement	591
with the cooperative district that provides for the administration	592
of any assessment prescribed under this section to both of the	593
following:	594

(a) Students who are attending school in the cooperative	595
district and who, if the cooperative district were not	596
established, would be entitled to attend school in the city,	597
local, or exempted village school district pursuant to section	598
3313.64 or 3313.65 of the Revised Code;	599

(b) Persons described in division (B)(8)(b) of this section.

600

Any assessment of students pursuant to such an agreement	601
shall be in lieu of any assessment of such students or persons	602
pursuant to this section.	603

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	604
of this section, each chartered nonpublic school for which at	605
least sixty-five per cent of its total enrollment is made up of	606
students who are participating in state scholarship programs shall	607
administer the applicable elementary assessments prescribed by	608
division (A) of section 3301.0710 of the Revised Code. In	609
accordance with procedures and deadlines prescribed by the	610
department, the parent or guardian of a student enrolled in the	611
school who is not participating in a state scholarship program may	612
submit notice to the chief administrative officer of the school	613
that the parent or guardian does not wish to have the student take	614
the elementary assessments prescribed for the student's grade	615
level under division (A) of section 3301.0710 of the Revised Code.	616
If a parent or guardian submits an opt-out notice, the school	617
shall not administer the assessments to that student. ~~This option~~	618
~~does not apply to any assessment required for a high school~~	619
~~diploma under section 3313.612 of the Revised Code.~~	620

(b) If a chartered nonpublic school ~~is not subject to~~	621
~~division (K)(1)(a) of this section and~~ is educating students in	622
grades nine through twelve, it shall administer the applicable	623
assessments prescribed by ~~divisions~~division (B)(1) ~~and (2)~~ of	624
section 3301.0710 or division (B) of section 3301.0712 of the	625
Revised Code ~~as a condition of compliance with section 3313.612 of~~	626
~~the Revised Code~~. ~~Any~~	627

(c) Any chartered nonpublic school that is not subject to	628
division (K)(1)(a) of this section may participate in the	629
assessment program by administering any of the assessments	630
prescribed by division (A) of section 3301.0710 of the Revised	631
Code. The chief administrator of the school shall specify which	632
assessments the school will administer. Such specification shall	633
be made in writing to the superintendent of public instruction	634
prior to the first day of August of any school year in which	635
assessments are administered and shall include a pledge that the	636
nonpublic school will administer the specified assessments in the	637
same manner as public schools are required to do under this	638
section and rules adopted by the department.	639

(2) The department of education shall furnish the applicable	640
assessments prescribed by section 3301.0710 or 3301.0712 of the	641
Revised Code to each chartered nonpublic school ~~that is subject to~~	642
~~division (K)(1)(a) of this section or participates~~for	643
administration by the school under division (K)~~(1)(b)~~ of this	644
section.	645

(L)(1) The superintendent of the state school for the blind	646
and the superintendent of the state school for the deaf shall	647
administer the assessments described by sections 3301.0710 and	648
3301.0712 of the Revised Code. Each superintendent shall	649
administer the assessments in the same manner as district boards	650
are required to do under this section and rules adopted by the	651
department of education and in conformity with division (C)(1)(a)	652
of this section.	653

(2) The department of education shall furnish the assessments	654
described by sections 3301.0710 and 3301.0712 of the Revised Code	655
to each superintendent.	656

(M) Notwithstanding division (E) of this section, a school	657
district may use a student's failure to attain a score in at least	658
the proficient range on the mathematics assessment described by	659
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	660
an assessment described by division (A)(1)(b), (c), (d), (e), or	661
(f) of section 3301.0710 of the Revised Code as a factor in	662
retaining that student in the current grade level.	663

(N)(1) In the manner specified in divisions (N)(3) and (4) of	664
this section, the assessments required by division (A)(1) of	665
section 3301.0710 of the Revised Code shall become public records	666
pursuant to section 149.43 of the Revised Code on the first day of	667
July following the school year that the assessments were	668
administered.	669

(2) The department may field test proposed questions with	670
samples of students to determine the validity, reliability, or	671
appropriateness of questions for possible inclusion in a future	672
year's assessment. The department also may use anchor questions on	673
assessments to ensure that different versions of the same	674
assessment are of comparable difficulty.	675

Field test questions and anchor questions shall not be	676
considered in computing scores for individual students. Field test	677
questions and anchor questions may be included as part of the	678
administration of any assessment required by division (A)(1) or	679
(B)~~(1)~~ of section 3301.0710 and division (B) of section 3301.0712	680
of the Revised Code.	681

(3) Any field test question or anchor question administered	682
under division (N)(2) of this section shall not be a public	683
record. Such field test questions and anchor questions shall be	684
redacted from any assessments which are released as a public	685
record pursuant to division (N)(1) of this section.	686

(4) This division applies to the assessments prescribed by	687
division (A) of section 3301.0710 of the Revised Code.	688

(a) The first administration of each assessment, as specified	689
in former section 3301.0712 of the Revised Code, shall be a public	690
record.	691

(b) For subsequent administrations of each assessment prior	692
to the 2011-2012 school year, not less than forty per cent of the	693
questions on the assessment that are used to compute a student's	694
score shall be a public record. The department shall determine	695
which questions will be needed for reuse on a future assessment	696
and those questions shall not be public records and shall be	697
redacted from the assessment prior to its release as a public	698
record. However, for each redacted question, the department shall	699
inform each city, local, and exempted village school district of	700
the statewide academic standard adopted by the state board of	701
education under section 3301.079 of the Revised Code and the	702
corresponding benchmark to which the question relates. The	703
preceding sentence does not apply to field test questions that are	704
redacted under division (N)(3) of this section.	705

(c) The administrations of each assessment in the 2011-2012	706
school year and later shall not be a public record.	707

(5) Each assessment prescribed by division (B)(1) of section	708
3301.0710 of the Revised Code shall not be a public record.	709

(O) As used in this section:

710

(1) "Three-year average" means the average of the most recent	711
consecutive three school years of data.	712

(2) "Dropout" means a student who withdraws from school	713
before completing course requirements for graduation and who is	714
not enrolled in an education program approved by the state board	715
of education or an education program outside the state. "Dropout"	716
does not include a student who has departed the country.	717

(3) "Graduation rate" means the ratio of students receiving a	718
diploma to the number of students who entered ninth grade four	719
years earlier. Students who transfer into the district are added	720
to the calculation. Students who transfer out of the district for	721
reasons other than dropout are subtracted from the calculation. If	722
a student who was a dropout in any previous year returns to the	723
same school district, that student shall be entered into the	724
calculation as if the student had entered ninth grade four years	725
before the graduation year of the graduating class that the	726
student joins.	727

(4) "State scholarship programs" means the educational choice	728
scholarship pilot program established under sections 3310.01 to	729
3310.17 of the Revised Code, the autism scholarship program	730
established under section 3310.41 of the Revised Code, the Jon	731
Peterson special needs scholarship program established under	732
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	733
project scholarship program established under sections 3313.974 to	734
3313.979 of the Revised Code.	735

Sec. 3301.0712. (A) The state board of education, the	736
superintendent of public instruction, and the chancellor of the	737
Ohio board of regents shall develop a system of college and work	738
ready assessments as described in ~~divisions~~division (B)~~(1) and~~	739
~~(2)~~ of this section to assess whether each student upon graduating	740
from high school is ready to enter college or the workforce. The	741
system shall replace the Ohio graduation tests prescribed in	742
division (B)(1) of section 3301.0710 of the Revised Code as a	743
measure of student academic performance and ~~a prerequisite for~~one	744
determinant of eligibility for a high school diploma in the manner	745
prescribed by rule of the state board adopted under division	746
~~(D)~~(G) of this section as follows:	747

(1) For students who have not yet entered the ninth grade on	748
July 1, 2014, and for students in grades nine through twelve who	749
wish to earn course credit under division (J)(2) of section	750
3313.603 of the Revised Code, beginning in the 2014-2015 school	751
year;	752

(2) For students who enter the ninth grade for the first time	753
on or after July 1, 2015, beginning in the 2015-2016 school year.	754

(B) The college and work ready assessment system shall	755
consist of the following:	756

(1) A nationally standardized assessment that measures	757
college and career readiness selected jointly by the state	758
superintendent and the chancellor.	759

(2) A series of end-of-course examinations ~~in the areas of~~	760
~~science, mathematics, English language arts, American history, and~~	761
~~American government~~as follows:	762

(a) One examination in each of the areas of science, American	763
history, and American government;	764

(b) One examination in the area of mathematics, which shall	765
be in algebra II or its equivalent;	766

(c) One examination in the area of English language arts III,	767
as designated by the state board.	768

If the superintendent of public instruction determines that	769
the department of education has sufficient funds to pay the costs	770
of developing and furnishing additional end-of-course	771
examinations, the department may offer an additional end-of-course	772
examination, in each of mathematics and English language arts.	773
School districts, public schools, and chartered nonpublic schools	774
may, but shall not be required to, administer one or both of the	775
additional examinations.	776

The end-of-course examinations shall be selected jointly by	777
the state superintendent and the chancellor in consultation with	778
faculty in the appropriate subject areas at institutions of higher	779
education of the university system of Ohio. ~~For~~	780

(3) Not later than sixty days after the effective date of	781
this amendment, for each subject area, the state ~~superintendent~~	782
~~and chancellor~~board shall ~~select~~compile a list of multiple	783
assessments that are equivalent to the end-of-course examinations	784
prescribed under divisions (B)(2)(a) to (c) of this section,	785
including nationally norm-referenced achievement tests, that	786
school districts, public schools, and chartered nonpublic schools	787
may use asinstead of the end-of-course examinations prescribed	788
under that division. Subject to division (B)~~(3)~~(5)(b) of this	789
section, ~~those assessments~~the equivalent examinations shall	790
include nationally recognized subject area assessments, such as	791
advanced placement examinations, SAT subject tests, international	792
baccalaureate examinations, ACT end-of-course examinations, and	793
other assessments of college and work readiness. The state board	794
may update or revise the list of equivalent examinations.	795

In lieu of any of the end-of-course examinations prescribed	796
under divisions (B)(2)(a) to (c) of this section, a school	797
district or school may opt to administer instead the equivalent	798
examinations approved by the state board under division (B)(3) of	799
this section for any required examination subject area.	800

School districts, public schools, and chartered nonpublic	801
schools may form a consortium to facilitate the purchase and	802
administration of equivalent examinations. The consortium may	803
designate an educational service center to serve as fiscal agent	804
for the consortium. School districts and schools that elect to	805
administer the equivalent examinations prescribed under (B)(3) of	806
this section in lieu of the end-of-course examinations prescribed	807
under divisions (B)(2)(a) to (c) of this section shall be	808
reimbursed the lesser of the actual cost to administer the	809
equivalent examinations or the cost that the state would have	810
incurred if the end-of-course examinations were administered.	811

Beginning with the 2014-2015 school year, a school district	812
or school shall notify the department which assessment or	813
assessments the district or school selects for each subject area	814
not later than the first day of August of each school year. For	815
any examination selected under division (B)(3) of this section,	816
the state board may require the entity that scores that	817
examination to provide the student score data on that examination	818
on behalf of the district or school, for purposes of calculating	819
measures for the state report card under section 3302.03 of the	820
Revised Code.	821

(4) Not later than October 31, 2014, the state board shall	822
adopt rules in accordance with Chapter 119. of the Revised Code to	823
do all of the following:	824

(a) Determine and designate at least five ranges of scores on	825
each of the end-of-course examinations prescribed under division	826
(B)(2) of this section, and equivalent examinations prescribed	827
under division (B)(3) of this section. Each range of scores shall	828
be deemed to demonstrate a level of achievement so that any	829
student attaining a score within such range has achieved one of	830
the following:	831

(i) A superior level of skill;

832

(ii) A commended level of skill;

833

(iii) A proficient level of skill;

834

(iv) A basic level of skill;

835

(v) A limited level of skill.

836

(b) Determine a method by which to calculate a cumulative	837
performance score based on the results of a student's	838
end-of-course examinations, or equivalent examinations, prescribed	839
by divisions (B)(2) and (3) of this section.	840

(c) Determine the minimum cumulative performance score that	841
demonstrates the level of academic achievement necessary to earn a	842
high school diploma.	843

(d) Develop a table of corresponding score equivalents for	844
all of the examinations prescribed in divisions (B)(2) and (3) of	845
this section in order to calculate student performance	846
consistently across the different examinations.	847

~~(3)~~(5)(a) Not later than July 1, 2013, each school district	848
board of education shall adopt interim end-of-course examinations	849
that comply with the requirements of divisions (B)~~(3)~~(5)(b)(i) and	850
(ii) of this section to assess mastery of American history and	851
American government standards adopted under division (A)(1)(b) of	852
section 3301.079 of the Revised Code and the topics required under	853
division (M) of section 3313.603 of the Revised Code. Each high	854
school of the district shall use the interim examinations until	855
the state superintendent and chancellor select end-of-course	856
examinations in American history and American government under	857
division (B)(2) of this section.	858

(b) Not later than July 1, 2014, the state superintendent and	859
the chancellor shall select the end-of-course examinations in	860
American history and American government.	861

(i) The end-of-course examinations in American history and	862
American government shall require demonstration of mastery of the	863
American history and American government content for social	864
studies standards adopted under division (A)(1)(b) of section	865
3301.079 of the Revised Code and the topics required under	866
division (M) of section 3313.603 of the Revised Code.	867

(ii) At least twenty per cent of the end-of-course	868
examination in American government shall address the topics on	869
American history and American government described in division (M)	870
of section 3313.603 of the Revised Code.	871

(c) Notwithstanding anything to the contrary in this section,	872
each school district board of education shall administer the	873
end-of-course examinations in American history and American	874
government on and after July 1, 2014.	875

(C) The state board shall convene a group of national	876
experts, state experts, and local practitioners to provide advice,	877
guidance, and recommendations for the alignment of standards ~~and~~	878
~~model curricula~~ to the assessments and in the design of the	879
end-of-course examinations prescribed by this section.	880

(D) ~~Upon completion of the development of the assessment~~	881
~~system, the~~Not later than December 31, 2014, the state board	882
shall select at least one nationally recognized job skills	883
assessment. Each school district shall administer that assessment	884
to those students who opt to take it. The state shall reimburse a	885
school district for the costs of administering that assessment.	886
The state board shall establish the minimum score a student must	887
attain on the job skills assessment in order to demonstrate a	888
student's workforce readiness and employability. The	889
administration of the job skills assessment to a student under	890
this division shall not exempt a school district from	891
administering the assessments prescribed in division (B) of this	892
section to that student.	893

(E) No school district shall charge a student for any	894
assessment, end-of-course examination, or equivalent examination	895
administered under division (B) or (D) of this section.	896

(F) A school district may use the end-of-course examinations,	897
or equivalent examinations, administered under division (B) of	898
this section as final examinations for the related subject-area	899
class or course of study.	900

(G) The state board shall adopt rules prescribing all of the	901
following:	902

(1) A timeline and plan for implementation of the assessment	903
system, including a phased implementation if the state board	904
determines such a phase-in is warranted;	905

(2) ~~The date after which a person entering ninth grade shall~~	906
~~meet the requirements of the entire assessment system as a~~	907
~~prerequisite for a high school diploma under section 3313.61,~~	908
~~3313.612, or 3325.08 of the Revised Code;~~	909

~~(3)~~ The date after which a person shall meet the requirements	910
of the entire assessment system as a prerequisite for a diploma of	911
adult education under section 3313.611 of the Revised Code;	912

~~(4)~~(3) Whether and the extent to which a person may be	913
excused from an American history end-of-course examination and an	914
American government end-of-course examination under division	915
~~(H)~~(I) of section 3313.61 and division (B)~~(3)~~(2) of section	916
3313.612 of the Revised Code;	917

~~(5)~~(4) The date after which a person who has fulfilled the	918
curriculum requirement for a diploma but has not passed one or	919
more of the required assessments at the time the person fulfilled	920
the curriculum requirement shall meet the requirements of the	921
entire assessment system as a prerequisite for a high school	922
diploma under division (B) of section 3313.614 of the Revised	923
Code;	924

~~(6) The extent to which the assessment system applies to~~	925
~~students enrolled in a dropout recovery and prevention program for~~	926
~~purposes of division (F) of section 3313.603 and section 3314.36~~	927
~~of the Revised Code.~~	928

~~No rule adopted under this division shall be effective~~	929
~~earlier than one year after the date the rule is filed in final~~	930
~~form pursuant to Chapter 119. of the Revised Code~~.	931

~~(E)~~(H) Not later than forty-five days prior to the state	932
board's adoption of a resolution directing the department of	933
education to file the rules prescribed by division ~~(D)~~(G) of this	934
section in final form under section 119.04 of the Revised Code,	935
the superintendent of public instruction shall present the	936
assessment system developed under this section to the respective	937
committees of the house of representatives and senate that	938
consider education legislation.	939

Sec. 3301.16. Pursuant to standards prescribed by the state	940
board of education as provided in division (D) of section 3301.07	941
of the Revised Code, the state board shall classify and charter	942
school districts and individual schools within each district	943
except that no charter shall be granted to a nonpublic school	944
unless the school complies with ~~division~~divisions (K)(1)(a) and	945
(b) of section 3301.0711, ifas applicable, and section 3313.612	946
of the Revised Code.	947

In the course of considering the charter of a new school	948
district created under section 3311.26 or 3311.38 of the Revised	949
Code, the state board shall require the party proposing creation	950
of the district to submit to the board a map, certified by the	951
county auditor of the county in which the proposed new district is	952
located, showing the boundaries of the proposed new district. In	953
the case of a proposed new district located in more than one	954
county, the map shall be certified by the county auditor of each	955
county in which the proposed district is located.	956

The state board shall revoke the charter of any school	957
district or school which fails to meet the standards for	958
elementary and high schools as prescribed by the board. The state	959
board shall also revoke the charter of any nonpublic school that	960
does not comply with division (K)(1)(a) of section 3301.0711, if	961
applicable, and section 3313.612 of the Revised Code.	962

In the issuance and revocation of school district or school	963
charters, the state board shall be governed by the provisions of	964
Chapter 119. of the Revised Code.	965

No school district, or individual school operated by a school	966
district, shall operate without a charter issued by the state	967
board under this section.	968

In case a school district charter is revoked pursuant to this	969
section, the state board may dissolve the school district and	970
transfer its territory to one or more adjacent districts. An	971
equitable division of the funds, property, and indebtedness of the	972
school district shall be made by the state board among the	973
receiving districts. The board of education of a receiving	974
district shall accept such territory pursuant to the order of the	975
state board. Prior to dissolving the school district, the state	976
board shall notify the appropriate educational service center	977
governing board and all adjacent school district boards of	978
education of its intention to do so. Boards so notified may make	979
recommendations to the state board regarding the proposed	980
dissolution and subsequent transfer of territory. Except as	981
provided in section 3301.161 of the Revised Code, the transfer	982
ordered by the state board shall become effective on the date	983
specified by the state board, but the date shall be at least	984
thirty days following the date of issuance of the order.	985

A high school is one of higher grade than an elementary	986
school, in which instruction and training are given in accordance	987
with sections 3301.07 and 3313.60 of the Revised Code and which	988
also offers other subjects of study more advanced than those	989
taught in the elementary schools and such other subjects as may be	990
approved by the state board of education.	991

An elementary school is one in which instruction and training	992
are given in accordance with sections 3301.07 and 3313.60 of the	993
Revised Code and which offers such other subjects as may be	994
approved by the state board of education. In districts wherein a	995
junior high school is maintained, the elementary schools in that	996
district may be considered to include only the work of the first	997
six school years inclusive, plus the kindergarten year.	998

Sec. 3301.946. Notwithstanding anything in the Revised Code	999
to the contrary, the department of education, any school district,	1000
any school, or any third party under contract with the state, a	1001
school district, or a school shall not provide student names and	1002
addresses to any multi-state consortium that offers summative	1003
assessments without written permission from the student's parent	1004
or guardian.	1005

Sec. 3302.02. ~~Not later than one year after the adoption of~~	1006
~~rules under division (D) of section 3301.0712 of the Revised Code~~	1007
~~and at least every sixth year thereafter, upon recommendations of~~	1008
~~the superintendent of public instruction, the~~The state board of	1009
education shall establish a set of performance indicators that	1010
considered as a unit will be used as one of the performance	1011
categories for the report cards required by section 3302.03 of the	1012
Revised Code. In establishing these indicators, the superintendent	1013
shall consider inclusion of student performance on assessments	1014
prescribed under section 3301.0710 or 3301.0712 of the Revised	1015
Code, rates of student improvement on such assessments, the	1016
breadth of coursework available within the district, and other	1017
indicators of student success.	1018

Beginning with the report card for the 2014-2015 school year,	1019
the performance indicators shall include an indicator that	1020
reflects the level of services provided to, and the performance	1021
of, students identified as gifted under Chapter 3324. of the	1022
Revised Code. The indicator shall include the performance of	1023
students identified as gifted on state assessments and value-added	1024
growth measure disaggregated for students identified as gifted.	1025

For the 2013-2014 school year, except as otherwise provided	1026
in this section, for any indicator based on the percentage of	1027
students attaining a proficient score on the assessments	1028
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	1029
Revised Code, a school district or building shall be considered to	1030
have met the indicator if at least eighty per cent of the tested	1031
students attain a score of proficient or higher on the assessment.	1032
A school district or building shall be considered to have met the	1033
indicator for the assessments prescribed by division (B)(1) of	1034
section 3301.0710 of the Revised Code and only as administered to	1035
eleventh grade students, if at least eighty-five per cent of the	1036
tested students attain a score of proficient or higher on the	1037
assessment. Not later than July 1, 2014, the state board may adopt	1038
rules, under Chapter 119. of the Revised Code, to establish	1039
different proficiency percentages to meet each indicator that is	1040
based on a state assessment, prescribed under section 3301.0710 or	1041
3301.0712 of the Revised Code, for the 2014-2015 school year and	1042
thereafter.	1043

The superintendent shall not establish any performance	1044
indicator for passage of the third or fourth grade English	1045
language arts assessment that is solely based on the assessment	1046
given in the fall for the purpose of determining whether students	1047
have met the reading guarantee provisions of section 3313.608 of	1048
the Revised Code.	1049

Sec. 3302.03. Annually, not later than the fifteenth day of	1050
September or the preceding Friday when that day falls on a	1051
Saturday or Sunday, the department of education shall assign a	1052
letter grade for overall academic performance and for each	1053
separate performance measure for each school district, and each	1054
school building in a district, in accordance with this section.	1055
The state board shall adopt rules pursuant to Chapter 119. of the	1056
Revised Code to establish performance criteria for each letter	1057
grade and prescribe a method by which the department assigns each	1058
letter grade. For a school building to which any of the	1059
performance measures do not apply, due to grade levels served by	1060
the building, the state board shall designate the performance	1061
measures that are applicable to the building and that must be	1062
calculated separately and used to calculate the building's overall	1063
grade. The department shall issue annual report cards reflecting	1064
the performance of each school district, each building within each	1065
district, and for the state as a whole using the performance	1066
measures and letter grade system described in this section. The	1067
department shall include on the report card for each district and	1068
each building within each district the most recent two-year trend	1069
data in student achievement for each subject and each grade.	1070

(A)(1) For the 2012-2013 school year, the department shall	1071
issue grades as described in division (E) of this section for each	1072
of the following performance measures:	1073

(a) Annual measurable objectives;

1074

(b) Performance index score for a school district or	1075
building. Grades shall be awarded as a percentage of the total	1076
possible points on the performance index system as adopted by the	1077
state board. In adopting benchmarks for assigning letter grades	1078
under division (A)(1)(b) of this section, the state board of	1079
education shall designate ninety per cent or higher for an "A," at	1080
least seventy per cent but not more than eighty per cent for a	1081
"C," and less than fifty per cent for an "F."	1082

(c) The extent to which the school district or building meets	1083
each of the applicable performance indicators established by the	1084
state board under section 3302.02 of the Revised Code and the	1085
percentage of applicable performance indicators that have been	1086
achieved. In adopting benchmarks for assigning letter grades under	1087
division (A)(1)(c) of this section, the state board shall	1088
designate ninety per cent or higher for an "A."	1089

(d) The four- and five-year adjusted cohort graduation rates.

1090

In adopting benchmarks for assigning letter grades under	1091
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1092
department shall designate a four-year adjusted cohort graduation	1093
rate of ninety-three per cent or higher for an "A" and a five-year	1094
cohort graduation rate of ninety-five per cent or higher for an	1095
"A."	1096

(e) The overall score under the value-added progress	1097
dimension of a school district or building, for which the	1098
department shall use up to three years of value-added data as	1099
available. The letter grade assigned for this growth measure shall	1100
be as follows:	1101

(i) A score that is at least two standard errors of measure	1102
above the mean score shall be designated as an "A."	1103

(ii) A score that is at least one standard error of measure	1104
but less than two standard errors of measure above the mean score	1105
shall be designated as a "B."	1106

(iii) A score that is less than one standard error of measure	1107
above the mean score but greater than or equal to one standard	1108
error of measure below the mean score shall be designated as a	1109
"C."	1110

(iv) A score that is not greater than one standard error of	1111
measure below the mean score but is greater than or equal to two	1112
standard errors of measure below the mean score shall be	1113
designated as a "D."	1114

(v) A score that is not greater than two standard errors of	1115
measure below the mean score shall be designated as an "F."	1116

Whenever the value-added progress dimension is used as a	1117
graded performance measure, whether as an overall measure or as a	1118
measure of separate subgroups, the grades for the measure shall be	1119
calculated in the same manner as prescribed in division (A)(1)(e)	1120
of this section.	1121

(f) The value-added progress dimension score for a school	1122
district or building disaggregated for each of the following	1123
subgroups: students identified as gifted, students with	1124
disabilities, and students whose performance places them in the	1125
lowest quintile for achievement on a statewide basis. Each	1126
subgroup shall be a separate graded measure.	1127

(2) Not later than April 30, 2013, the state board of	1128
education shall adopt a resolution describing the performance	1129
measures, benchmarks, and grading system for the 2012-2013 school	1130
year and, not later than June 30, 2013, shall adopt rules in	1131
accordance with Chapter 119. of the Revised Code that prescribe	1132
the methods by which the performance measures under division	1133
(A)(1) of this section shall be assessed and assigned a letter	1134
grade, including performance benchmarks for each letter grade.	1135

At least forty-five days prior to the state board's adoption	1136
of rules to prescribe the methods by which the performance	1137
measures under division (A)(1) of this section shall be assessed	1138
and assigned a letter grade, the department shall conduct a public	1139
presentation before the standing committees of the house of	1140
representatives and the senate that consider education legislation	1141
describing such methods, including performance benchmarks.	1142

(3) There shall not be an overall letter grade for a school	1143
district or building for the 2012-2013 school year.	1144

(B)(1) For the 2013-2014 school year, the department shall	1145
issue grades as described in division (E) of this section for each	1146
of the following performance measures:	1147

(a) Annual measurable objectives;

1148

(b) Performance index score for a school district or	1149
building. Grades shall be awarded as a percentage of the total	1150
possible points on the performance index system as created by the	1151
department. In adopting benchmarks for assigning letter grades	1152
under division (B)(1)(b) of this section, the state board shall	1153
designate ninety per cent or higher for an "A," at least seventy	1154
per cent but not more than eighty per cent for a "C," and less	1155
than fifty per cent for an "F."	1156

(c) The extent to which the school district or building meets	1157
each of the applicable performance indicators established by the	1158
state board under section 3302.03 of the Revised Code and the	1159
percentage of applicable performance indicators that have been	1160
achieved. In adopting benchmarks for assigning letter grades under	1161
division (B)(1)(c) of this section, the state board shall	1162
designate ninety per cent or higher for an "A."	1163

(d) The four- and five-year adjusted cohort graduation rates;

1164

(e) The overall score under the value-added progress	1165
dimension of a school district or building, for which the	1166
department shall use up to three years of value-added data as	1167
available.	1168

(f) The value-added progress dimension score for a school	1169
district or building disaggregated for each of the following	1170
subgroups: students identified as gifted in superior cognitive	1171
ability and specific academic ability fields under Chapter 3324.	1172
of the Revised Code, students with disabilities, and students	1173
whose performance places them in the lowest quintile for	1174
achievement on a statewide basis. Each subgroup shall be a	1175
separate graded measure.	1176

(g) Whether a school district or building is making progress	1177
in improving literacy in grades kindergarten through three, as	1178
determined using a method prescribed by the state board. The state	1179
board shall adopt rules to prescribe benchmarks and standards for	1180
assigning grades to districts and buildings for purposes of	1181
division (B)(1)(g) of this section. In adopting benchmarks for	1182
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	1183
this section, the state board shall determine progress made based	1184
on the reduction in the percentage of students scoring below grade	1185
level, or below proficient, compared from year to year on the	1186
reading and writing diagnostic assessments administered under	1187
section 3301.0715 of the Revised Code and the third grade English	1188
language arts assessment under section 3301.0710 of the Revised	1189
Code, as applicable. The state board shall designate for a "C"	1190
grade a value that is not lower than the statewide average value	1191
for this measure. No grade shall be issued under divisions	1192
(B)(1)(g) and (C)(1)(g) of this section for a district or building	1193
in which less than five per cent of students have scored below	1194
grade level on the diagnostic assessment administered to students	1195
in kindergarten under division (B)(1) of section 3313.608 of the	1196
Revised Code.	1197

(2) In addition to the graded measures in division (B)(1) of	1198
this section, the department shall include on a school district's	1199
or building's report card all of the following without an assigned	1200
letter grade:	1201

(a) The percentage of students enrolled in a district or	1202
building participating in advanced placement classes and the	1203
percentage of those students who received a score of three or	1204
better on advanced placement examinations;	1205

(b) The number of a district's or building's students who	1206
have earned at least three college credits through dual enrollment	1207
programs, such as the post-secondary enrollment options program	1208
under Chapter 3365. of the Revised Code and state-approved	1209
career-technical courses offered through dual enrollment or	1210
statewide articulation, that appear on a student's transcript or	1211
other official document, either of which is issued by the	1212
institution of higher education from which the student earned the	1213
college credit. The credits earned that are reported under	1214
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1215
include any that are remedial or developmental and shall include	1216
those that count toward the curriculum requirements established	1217
for completion of a degree.	1218

(c) The percentage of students enrolled in a district or	1219
building who have taken a national standardized test used for	1220
college admission determinations and the percentage of those	1221
students who are determined to be remediation-free in accordance	1222
with standards adopted under division (F) of section 3345.061 of	1223
the Revised Code;	1224

(d) The percentage of the district's or the building's	1225
students who receive ~~industry~~industry-recognized credentials. The	1226
state board shall adopt criteria for acceptable ~~industry~~	1227
industry-recognized credentials.	1228

(e) The percentage of students enrolled in a district or	1229
building who are participating in an international baccalaureate	1230
program and the percentage of those students who receive a score	1231
of four or better on the international baccalaureate examinations.	1232

(f) The percentage of the district's or building's students	1233
who receive an honors diploma under division (B) of section	1234
3313.61 of the Revised Code.	1235

(3) Not later than December 31, 2013, the state board shall	1236
adopt rules in accordance with Chapter 119. of the Revised Code	1237
that prescribe the methods by which the performance measures under	1238
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1239
and assigned a letter grade, including performance benchmarks for	1240
each grade.	1241

At least forty-five days prior to the state board's adoption	1242
of rules to prescribe the methods by which the performance	1243
measures under division (B)(1) of this section shall be assessed	1244
and assigned a letter grade, the department shall conduct a public	1245
presentation before the standing committees of the house of	1246
representatives and the senate that consider education legislation	1247
describing such methods, including performance benchmarks.	1248

(4) There shall not be an overall letter grade for a school	1249
district or building for the 2013-2014 school year.	1250

(C)(1) For the 2014-2015 school year and each school year	1251
thereafter, the department shall issue grades as described in	1252
division (E) of this section for each of the following performance	1253
measures and an overall letter grade based on an aggregate of	1254
those measures:	1255

(a) Annual measurable objectives;

1256

(b) Performance index score for a school district or	1257
building. Grades shall be awarded as a percentage of the total	1258
possible points on the performance index system as created by the	1259
department. In adopting benchmarks for assigning letter grades	1260
under division (C)(1)(b) of this section, the state board shall	1261
designate ninety per cent or higher for an "A," at least seventy	1262
per cent but not more than eighty per cent for a "C," and less	1263
than fifty per cent for an "F."	1264

(c) The extent to which the school district or building meets	1265
each of the applicable performance indicators established by the	1266
state board under section 3302.03 of the Revised Code and the	1267
percentage of applicable performance indicators that have been	1268
achieved. In adopting benchmarks for assigning letter grades under	1269
division (C)(1)(c) of this section, the state board shall	1270
designate ninety per cent or higher for an "A."	1271

(d) The four- and five-year adjusted cohort graduation rates;

1272

(e) The overall score under the value-added progress	1273
dimension, or another measure of student academic progress if	1274
adopted by the state board, of a school district or building, for	1275
which the department shall use up to three years of value-added	1276
data as available.	1277

In adopting benchmarks for assigning letter grades for	1278
overall score on value-added progress dimension under division	1279
(C)(1)(e) of this section, the state board shall prohibit the	1280
assigning of a grade of "A" for that measure unless the district's	1281
or building's grade assigned for value-added progress dimension	1282
for all subgroups under division (C)(1)(f) of this section is a	1283
"B" or higher.	1284

For the metric prescribed by division (C)(1)(e) of this	1285
section, the state board may adopt a student academic progress	1286
measure to be used instead of the value-added progress dimension.	1287
If the state board adopts such a measure, it also shall prescribe	1288
a method for assigning letter grades for the new measure that is	1289
comparable to the method prescribed in division (A)(1)(e) of this	1290
section.	1291

(f) The value-added progress dimension score of a school	1292
district or building disaggregated for each of the following	1293
subgroups: students identified as gifted in superior cognitive	1294
ability and specific academic ability fields under Chapter 3324.	1295
of the Revised Code, students with disabilities, and students	1296
whose performance places them in the lowest quintile for	1297
achievement on a statewide basis, as determined by a method	1298
prescribed by the state board. Each subgroup shall be a separate	1299
graded measure.	1300

The state board may adopt student academic progress measures	1301
to be used instead of the value-added progress dimension. If the	1302
state board adopts such measures, it also shall prescribe a method	1303
for assigning letter grades for the new measures that is	1304
comparable to the method prescribed in division (A)(1)(e) of this	1305
section.	1306

(g) Whether a school district or building is making progress	1307
in improving literacy in grades kindergarten through three, as	1308
determined using a method prescribed by the state board. The state	1309
board shall adopt rules to prescribe benchmarks and standards for	1310
assigning grades to a district or building for purposes of	1311
division (C)(1)(g) of this section. The state board shall	1312
designate for a "C" grade a value that is not lower than the	1313
statewide average value for this measure. No grade shall be issued	1314
under division (C)(1)(g) of this section for a district or	1315
building in which less than five per cent of students have scored	1316
below grade level on the kindergarten diagnostic assessment under	1317
division (B)(1) of section 3313.608 of the Revised Code.	1318

(2) In addition to the graded measures in division (C)(1) of	1319
this section, the department shall include on a school district's	1320
or building's report card all of the following without an assigned	1321
letter grade:	1322

(a) The percentage of students enrolled in a district or	1323
building who have taken a national standardized test used for	1324
college admission determinations and the percentage of those	1325
students who are determined to be remediation-free in accordance	1326
with the standards adopted under division (F) of section 3345.061	1327
of the Revised Code;	1328

(b) The percentage of students enrolled in a district or	1329
building participating in advanced placement classes and the	1330
percentage of those students who received a score of three or	1331
better on advanced placement examinations;	1332

(c) The number of a district's or building's students who	1333
have earned at least three college credits through dual enrollment	1334
programs, such as the post-secondary enrollment options program	1335
under Chapter 3365. of the Revised Code and state-approved	1336
career-technical courses offered through dual enrollment or	1337
statewide articulation, that appear on a student's transcript or	1338
other official document, either of which is issued by the	1339
institution of higher education from which the student earned the	1340
college credit. The credits earned that are reported under	1341
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1342
include any that are remedial or developmental and shall include	1343
those that count toward the curriculum requirements established	1344
for completion of a degree.	1345

(d) The percentage of the district's or building's students	1346
who receive an honor's diploma under division (B) of section	1347
3313.61 of the Revised Code;	1348

(e) The percentage of the district's or building's students	1349
who receive ~~industry~~industry-recognized credentials;	1350

(f) The percentage of students enrolled in a district or	1351
building who are participating in an international baccalaureate	1352
program and the percentage of those students who receive a score	1353
of four or better on the international baccalaureate examinations;	1354

(g) The results of the college and career-ready assessments	1355
administered under division (B)(1) of section 3301.0712 of the	1356
Revised Code.	1357

(3) The state board shall adopt rules pursuant to Chapter	1358
119. of the Revised Code that establish a method to assign an	1359
overall grade for a school district or school building for the	1360
2014-2015 school year and each school year thereafter. The rules	1361
shall group the performance measures in divisions (C)(1) and (2)	1362
of this section into the following components:	1363

(a) Gap closing, which shall include the performance measure	1364
in division (C)(1)(a) of this section;	1365

(b) Achievement, which shall include the performance measures	1366
in divisions (C)(1)(b) and (c) of this section;	1367

(c) Progress, which shall include the performance measures in	1368
divisions (C)(1)(e) and (f) of this section;	1369

(d) Graduation, which shall include the performance measure	1370
in division (C)(1)(d) of this section;	1371

(e) Kindergarten through third-grade literacy, which shall	1372
include the performance measure in division (C)(1)(g) of this	1373
section;	1374

(f) Prepared for success, which shall include the performance	1375
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1376
this section. The state board shall develop a method to determine	1377
a grade for the component in division (C)(3)(f) of this section	1378
using the performance measures in divisions (C)(2)(a), (b), (c),	1379
(d), (e), and (f) of this section. When available, the state board	1380
may incorporate the performance measure under division (C)(2)(g)	1381
of this section into the component under division (C)(3)(f) of	1382
this section. When determining the overall grade for the prepared	1383
for success component prescribed by division (C)(3)(f) of this	1384
section, no individual student shall be counted in more than one	1385
performance measure. However, if a student qualifies for more than	1386
one performance measure in the component, the state board may, in	1387
its method to determine a grade for the component, specify an	1388
additional weight for such a student that is not greater than or	1389
equal to 1.0. In determining the overall score under division	1390
(C)(3)(f) of this section, the state board shall ensure that the	1391
pool of students included in the performance measures aggregated	1392
under that division are all of the students included in the four-	1393
and five-year adjusted graduation cohort.	1394

In the rules adopted under division (C)(3) of this section,	1395
the state board shall adopt a method for determining a grade for	1396
each component in divisions (C)(3)(a) to (f) of this section. The	1397
state board also shall establish a method to assign an overall	1398
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1399
each component. The method the state board adopts for assigning an	1400
overall grade shall give equal weight to the components in	1401
divisions (C)(3)(b) and (c) of this section.	1402

At least forty-five days prior to the state board's adoption	1403
of rules to prescribe the methods for calculating the overall	1404
grade for the report card, as required by this division, the	1405
department shall conduct a public presentation before the standing	1406
committees of the house of representatives and the senate that	1407
consider education legislation describing the format for the	1408
report card, weights that will be assigned to the components of	1409
the overall grade, and the method for calculating the overall	1410
grade.	1411

(D) ~~Not later than~~On or after July 1, 2015, the state board	1412
~~shall~~may develop a measure of student academic progress for high	1413
school students. ~~Beginning with the report card for the 2015-2016~~	1414
~~school year~~If the state board develops this measure, each school	1415
district and applicable school building shall be assigned a	1416
separate letter grade for ~~this measure and the~~it. The district's	1417
or building's grade for that measure shall not be included in	1418
determining the district's or building's overall letter grade.	1419
~~This measure shall be included within the measure prescribed in~~	1420
~~division (C)(3)(c) of this section in the calculation for the~~	1421
~~overall letter grade.~~	1422

(E) The letter grades assigned to a school district or	1423
building under this section shall be as follows:	1424

(1) "A" for a district or school making excellent progress;

1425

(2) "B" for a district or school making above average	1426
progress;	1427

(3) "C" for a district or school making average progress;

1428

(4) "D" for a district or school making below average	1429
progress;	1430

(5) "F" for a district or school failing to meet minimum	1431
progress.	1432

(F) When reporting data on student achievement and progress,	1433
the department shall disaggregate that data according to the	1434
following categories:	1435

(1) Performance of students by grade-level;

1436

(2) Performance of students by race and ethnic group;

1437

(3) Performance of students by gender;

1438

(4) Performance of students grouped by those who have been	1439
enrolled in a district or school for three or more years;	1440

(5) Performance of students grouped by those who have been	1441
enrolled in a district or school for more than one year and less	1442
than three years;	1443

(6) Performance of students grouped by those who have been	1444
enrolled in a district or school for one year or less;	1445

(7) Performance of students grouped by those who are	1446
economically disadvantaged;	1447

(8) Performance of students grouped by those who are enrolled	1448
in a conversion community school established under Chapter 3314.	1449
of the Revised Code;	1450

(9) Performance of students grouped by those who are	1451
classified as limited English proficient;	1452

(10) Performance of students grouped by those who have	1453
disabilities;	1454

(11) Performance of students grouped by those who are	1455
classified as migrants;	1456

(12) Performance of students grouped by those who are	1457
identified as gifted in superior cognitive ability and the	1458
specific academic ability fields of reading and math pursuant to	1459
Chapter 3324. of the Revised Code. In disaggregating specific	1460
academic ability fields for gifted students, the department shall	1461
use data for those students with specific academic ability in math	1462
and reading. If any other academic field is assessed, the	1463
department shall also include data for students with specific	1464
academic ability in that field as well.	1465

(13) Performance of students grouped by those who perform in	1466
the lowest quintile for achievement on a statewide basis, as	1467
determined by a method prescribed by the state board.	1468

The department may disaggregate data on student performance	1469
according to other categories that the department determines are	1470
appropriate. To the extent possible, the department shall	1471
disaggregate data on student performance according to any	1472
combinations of two or more of the categories listed in divisions	1473
(F)(1) to (13) of this section that it deems relevant.	1474

In reporting data pursuant to division (F) of this section,	1475
the department shall not include in the report cards any data	1476
statistical in nature that is statistically unreliable or that	1477
could result in the identification of individual students. For	1478
this purpose, the department shall not report student performance	1479
data for any group identified in division (F) of this section that	1480
contains less than ten students. If the department does not report	1481
student performance data for a group because it contains less than	1482
ten students, the department shall indicate on the report card	1483
that is why data was not reported.	1484

(G) The department may include with the report cards any	1485
additional education and fiscal performance data it deems	1486
valuable.	1487

(H) The department shall include on each report card a list	1488
of additional information collected by the department that is	1489
available regarding the district or building for which the report	1490
card is issued. When available, such additional information shall	1491
include student mobility data disaggregated by race and	1492
socioeconomic status, college enrollment data, and the reports	1493
prepared under section 3302.031 of the Revised Code.	1494

The department shall maintain a site on the world wide web.	1495
The report card shall include the address of the site and shall	1496
specify that such additional information is available to the	1497
public at that site. The department shall also provide a copy of	1498
each item on the list to the superintendent of each school	1499
district. The district superintendent shall provide a copy of any	1500
item on the list to anyone who requests it.	1501

(I) Division (I) of this section does not apply to conversion	1502
community schools that primarily enroll students between sixteen	1503
and twenty-two years of age who dropped out of high school or are	1504
at risk of dropping out of high school due to poor attendance,	1505
disciplinary problems, or suspensions.	1506

(1) For any district that sponsors a conversion community	1507
school under Chapter 3314. of the Revised Code, the department	1508
shall combine data regarding the academic performance of students	1509
enrolled in the community school with comparable data from the	1510
schools of the district for the purpose of determining the	1511
performance of the district as a whole on the report card issued	1512
for the district under this section or section 3302.033 of the	1513
Revised Code.	1514

(2) Any district that leases a building to a community school	1515
located in the district or that enters into an agreement with a	1516
community school located in the district whereby the district and	1517
the school endorse each other's programs may elect to have data	1518
regarding the academic performance of students enrolled in the	1519
community school combined with comparable data from the schools of	1520
the district for the purpose of determining the performance of the	1521
district as a whole on the district report card. Any district that	1522
so elects shall annually file a copy of the lease or agreement	1523
with the department.	1524

(3) Any municipal school district, as defined in section	1525
3311.71 of the Revised Code, that sponsors a community school	1526
located within the district's territory, or that enters into an	1527
agreement with a community school located within the district's	1528
territory whereby the district and the community school endorse	1529
each other's programs, may exercise either or both of the	1530
following elections:	1531

(a) To have data regarding the academic performance of	1532
students enrolled in that community school combined with	1533
comparable data from the schools of the district for the purpose	1534
of determining the performance of the district as a whole on the	1535
district's report card;	1536

(b) To have the number of students attending that community	1537
school noted separately on the district's report card.	1538

The election authorized under division (I)(3)(a) of this	1539
section is subject to approval by the governing authority of the	1540
community school.	1541

Any municipal school district that exercises an election to	1542
combine or include data under division (I)(3) of this section, by	1543
the first day of October of each year, shall file with the	1544
department documentation indicating eligibility for that election,	1545
as required by the department.	1546

(J) The department shall include on each report card the	1547
percentage of teachers in the district or building who are highly	1548
qualified, as defined by the "No Child Left Behind Act of 2001,"	1549
and a comparison of that percentage with the percentages of such	1550
teachers in similar districts and buildings.	1551

(K)(1) In calculating English language arts, mathematics,	1552
social studies, or science assessment passage rates used to	1553
determine school district or building performance under this	1554
section, the department shall include all students taking an	1555
assessment with accommodation or to whom an alternate assessment	1556
is administered pursuant to division (C)(1) or (3) of section	1557
3301.0711 of the Revised Code.	1558

(2) In calculating performance index scores, rates of	1559
achievement on the performance indicators established by the state	1560
board under section 3302.02 of the Revised Code, and annual	1561
measurable objectives for determining adequate yearly progress for	1562
school districts and buildings under this section, the department	1563
shall do all of the following:	1564

(a) Include for each district or building only those students	1565
who are included in the ADM certified for the first full school	1566
week of October and are continuously enrolled in the district or	1567
building through the time of the spring administration of any	1568
assessment prescribed by division (A)(1) or (B)(1) of section	1569
3301.0710 or division (B) of section 3301.0712 of the Revised Code	1570
that is administered to the student's grade level;	1571

(b) Include cumulative totals from both the fall and spring	1572
administrations of the third grade English language arts	1573
achievement assessment;	1574

(c) Except as required by the "No Child Left Behind Act of	1575
2001," exclude for each district or building any limited English	1576
proficient student who has been enrolled in United States schools	1577
for less than one full school year.	1578

(L) Beginning with the 2015-2016 school year and at least	1579
once every three years thereafter, the state board of education	1580
shall review and may adjust the benchmarks for assigning letter	1581
grades to the performance measures and components prescribed under	1582
~~divisions~~division (C)(3) ~~and (D)~~ of this section and under	1583
division (D) of this section, if applicable.	1584

Sec. 3302.031. In addition to the report cards required under	1585
section 3302.03 of the Revised Code, the department of education	1586
shall annually prepare the following reports for each school	1587
district and make a copy of each report available to the	1588
superintendent of each district:	1589

(A) A funding and expenditure accountability report which	1590
shall consist of the amount of state aid payments the school	1591
district will receive during the fiscal year under Chapter 3317.	1592
of the Revised Code and any other fiscal data the department	1593
determines is necessary to inform the public about the financial	1594
status of the district;	1595

(B) A school safety and discipline report which shall consist	1596
of statistical information regarding student safety and discipline	1597
in each school building, including the number of suspensions and	1598
expulsions disaggregated according to race and gender;	1599

(C) A student equity report which shall consist of at least a	1600
description of the status of teacher qualifications, library and	1601
media resources, textbooks, classroom materials and supplies, and	1602
technology resources for each district. To the extent possible,	1603
the information included in the report required under this	1604
division shall be disaggregated according to grade level, race,	1605
gender, disability, and scores attained on assessments required	1606
under ~~section~~sections 3301.0710 and 3301.0712 of the Revised	1607
Code.	1608

(D) A school enrollment report which shall consist of	1609
information about the composition of classes within each district	1610
by grade and subject disaggregated according to race, gender, and	1611
scores attained on assessments required under ~~section~~sections	1612
3301.0710 and 3301.0712 of the Revised Code;	1613

(E) A student retention report which shall consist of the	1614
number of students retained in their respective grade levels in	1615
the district disaggregated by grade level, subject area, race,	1616
gender, and disability;	1617

(F) A school district performance report which shall describe	1618
for the district and each building within the district the extent	1619
to which the district or building meets each of the applicable	1620
performance indicators established under section 3302.02 of the	1621
Revised Code, the number of performance indicators that have been	1622
achieved, and the performance index score. In calculating the	1623
rates of achievement on the performance indicators and the	1624
performance index scores for each report, the department shall	1625
exclude all students with disabilities.	1626

Sec. 3302.036. (A) Notwithstanding anything in the Revised	1627
Code to the contrary, the report card ratings issued for the	1628
2014-2015 school year shall not be considered in determining	1629
whether a school district or a school is subject to sanctions or	1630
penalties. However, the report card ratings of any previous or	1631
subsequent years shall be considered in determining whether a	1632
school district or building is subject to sanctions or penalties.	1633
Accordingly, the report card ratings for the 2014-2015 school year	1634
shall have no effect in determining sanctions or penalties, but	1635
shall not create a new starting point for determinations that are	1636
based on ratings over multiple years.	1637

(B) The provisions from which a district or school is exempt	1638
under division (A) of this section include, but are not limited	1639
to, the following:	1640

(1) Any restructuring provisions established under this	1641
chapter, except as required under the "No Child Left Behind Act of	1642
2001";	1643

(2) Provisions for the Columbus city school pilot project	1644
under section 3302.042 of the Revised Code;	1645

(3) Provisions for academic distress commissions under	1646
section 3302.10 of the Revised Code;	1647

(4) Provisions prescribing new buildings where students are	1648
eligible for the educational choice scholarships under section	1649
3310.03 of the Revised Code;	1650

(5) Provisions defining "challenged school districts" in	1651
which new start-up community schools may be located, as prescribed	1652
in section 3314.02 of the Revised Code;	1653

(6) Provisions prescribing community school closure	1654
requirements under section 3314.35 or 3314.351 of the Revised	1655
Code.	1656

Sec. 3310.14. Each chartered nonpublic school that is not	1657
subject to division (K)(1)(a) of section 3301.0711 of the Revised	1658
Code and enrolls students awarded scholarships under sections	1659
3310.01 to 3310.17 of the Revised Code annually shall administer	1660
the assessments prescribed by section 3301.0710 or 3301.0712 of	1661
the Revised Code to each scholarship student enrolled in the	1662
school in accordance with section 3301.0711 of the Revised Code.	1663
Each chartered nonpublic school that is subject to this section	1664
shall report to the department of education the results of each	1665
assessment administered to each scholarship student under this	1666
section.	1667

Nothing in this section requires a chartered nonpublic school	1668
to administer any achievement assessment, except for an Ohio	1669
graduation test prescribed by division (B)(1) of section 3301.0710	1670
or the college and work ready assessment system prescribed by	1671
division (B) of section 3301.0712 of the Revised Code~~, as required~~	1672
~~by section 3313.612 of the Revised Code,~~ to any student enrolled	1673
in the school who is not a scholarship student.	1674

Sec. 3310.522. In order to maintain eligibility for a	1675
scholarship under the program, a student shall take each	1676
assessment prescribed by sections 3301.0710 and 3301.0712 of the	1677
Revised Code, unless the student is excused from taking that	1678
assessment under federal law or the student's individualized	1679
education program.	1680

Each registered private provider that is not subject to	1681
division (K)(1)(a) of section 3301.0711 of the Revised Code and	1682
enrolls a student who is awarded a scholarship under this section	1683
shall administer each assessment prescribed by sections 3301.0710	1684
and 3301.0712 of the Revised Code to that student, unless the	1685
student is excused from taking that assessment, and shall report	1686
to the department the results of each assessment so administered.	1687

Nothing in this section requires any chartered nonpublic	1688
school that is a registered private provider to administer any	1689
achievement assessment, except for an Ohio graduation test	1690
prescribed by division (B)(1) of section 3301.0710 or the college	1691
and work ready assessment system prescribed by division (B) of	1692
section 3301.0712 of the Revised Code~~, as required by section~~	1693
~~3313.612 of the Revised Code,~~ to any student enrolled in the	1694
school who is not a scholarship student.	1695

Sec. 3313.532. (A) Any person twenty-two or more years of	1696
age and enrolled in an adult high school continuation program	1697
established pursuant to section 3313.531 of the Revised Code may	1698
request the board of education operating the program to conduct an	1699
evaluation in accordance with division (C) of this section.	1700

(B) Any applicant to a board of education for a diploma of	1701
adult education under division (B) of section 3313.611 of the	1702
Revised Code may request the board to conduct an evaluation in	1703
accordance with division (C) of this section.	1704

(C) Upon the request of any person pursuant to division (A)	1705
or (B) of this section, the board of education to which the	1706
request is made shall evaluate the person to determine whether the	1707
person is disabled, in accordance with rules adopted by the state	1708
board of education. If the evaluation indicates that the person is	1709
disabled, the board shall determine whether to excuse the person	1710
from taking any of the assessments required by ~~division (B) of~~	1711
section ~~3301.0710~~3313.618 of the Revised Code as a requirement	1712
for receiving a diploma under section 3313.611 of the Revised	1713
Code. The board may require the person to take an alternate	1714
assessment in place of any test from which the person is so	1715
excused.	1716

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

1717

(1) "One unit" means a minimum of one hundred twenty hours of	1718
course instruction, except that for a laboratory course, "one	1719
unit" means a minimum of one hundred fifty hours of course	1720
instruction.	1721

(2) "One-half unit" means a minimum of sixty hours of course	1722
instruction, except that for physical education courses, "one-half	1723
unit" means a minimum of one hundred twenty hours of course	1724
instruction.	1725

(B) Beginning September 15, 2001, except as required in	1726
division (C) of this section and division (C) of section 3313.614	1727
of the Revised Code, the requirements for graduation from every	1728
high school shall include twenty units earned in grades nine	1729
through twelve and shall be distributed as follows:	1730

(1) English language arts, four units;

1731

(2) Health, one-half unit;

1732

(3) Mathematics, three units;

1733

(4) Physical education, one-half unit;

1734

(5) Science, two units until September 15, 2003, and three	1735
units thereafter, which at all times shall include both of the	1736
following:	1737

(a) Biological sciences, one unit;

1738

(b) Physical sciences, one unit.

1739

(6) History and government, one unit, which shall comply with	1740
division (M) of this section and shall include both of the	1741
following:	1742

(a) American history, one-half unit;

1743

(b) American government, one-half unit.

1744

(7) Social studies, two units.

1745

(8) Elective units, seven units until September 15, 2003, and	1746
six units thereafter.	1747

Each student's electives shall include at least one unit, or	1748
two half units, chosen from among the areas of	1749
business/technology, fine arts, and/or foreign language.	1750

(C) Beginning with students who enter ninth grade for the	1751
first time on or after July 1, 2010, except as provided in	1752
divisions (D) to (F) of this section, the requirements for	1753
graduation from every public and chartered nonpublic high school	1754
shall include twenty units that are designed to prepare students	1755
for the workforce and college. The units shall be distributed as	1756
follows:	1757

(1) English language arts, four units;

1758

(2) Health, one-half unit, which shall include instruction in	1759
nutrition and the benefits of nutritious foods and physical	1760
activity for overall health;	1761

(3) Mathematics, four units, which shall include one unit of	1762
algebra II or the equivalent of algebra II;	1763

(4) Physical education, one-half unit;

1764

(5) Science, three units with inquiry-based laboratory	1765
experience that engages students in asking valid scientific	1766
questions and gathering and analyzing information, which shall	1767
include the following, or their equivalent:	1768

(a) Physical sciences, one unit;

1769

(b) Life sciences, one unit;

1770

(c) Advanced study in one or more of the following sciences,	1771
one unit:	1772

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

1773

(ii) Advanced biology or other life science;

1774

(iii) Astronomy, physical geology, or other earth or space	1775
science.	1776

(6) History and government, one unit, which shall comply with	1777
division (M) of this section and shall include both of the	1778
following:	1779

(a) American history, one-half unit;

1780

(b) American government, one-half unit.

1781

(7) Social studies, two units.

1782

Each school shall integrate the study of economics and	1783
financial literacy, as expressed in the social studies academic	1784
content standards adopted by the state board of education under	1785
division (A)(1) of section 3301.079 of the Revised Code and the	1786
academic content standards for financial literacy and	1787
entrepreneurship adopted under division (A)(2) of that section,	1788
into one or more existing social studies credits required under	1789
division (C)(7) of this section, or into the content of another	1790
class, so that every high school student receives instruction in	1791
those concepts. In developing the curriculum required by this	1792
paragraph, schools shall use available public-private partnerships	1793
and resources and materials that exist in business, industry, and	1794
through the centers for economics education at institutions of	1795
higher education in the state.	1796

(8) Five units consisting of one or any combination of	1797
foreign language, fine arts, business, career-technical education,	1798
family and consumer sciences, technology, agricultural education,	1799
a junior reserve officer training corps (JROTC) program approved	1800
by the congress of the United States under title 10 of the United	1801
States Code, or English language arts, mathematics, science, or	1802
social studies courses not otherwise required under division (C)	1803
of this section.	1804

Ohioans must be prepared to apply increased knowledge and	1805
skills in the workplace and to adapt their knowledge and skills	1806
quickly to meet the rapidly changing conditions of the	1807
twenty-first century. National studies indicate that all high	1808
school graduates need the same academic foundation, regardless of	1809
the opportunities they pursue after graduation. The goal of Ohio's	1810
system of elementary and secondary education is to prepare all	1811
students for and seamlessly connect all students to success in	1812
life beyond high school graduation, regardless of whether the next	1813
step is entering the workforce, beginning an apprenticeship,	1814
engaging in post-secondary training, serving in the military, or	1815
pursuing a college degree.	1816

The Ohio core curriculum is the standard expectation for all	1817
students entering ninth grade for the first time at a public or	1818
chartered nonpublic high school on or after July 1, 2010. A	1819
student may satisfy this expectation through a variety of methods,	1820
including, but not limited to, integrated, applied,	1821
career-technical, and traditional coursework.	1822

Whereas teacher quality is essential for student success in	1823
completing the Ohio core curriculum, the general assembly shall	1824
appropriate funds for strategic initiatives designed to strengthen	1825
schools' capacities to hire and retain highly qualified teachers	1826
in the subject areas required by the curriculum. Such initiatives	1827
are expected to require an investment of $120,000,000 over five	1828
years.	1829

Stronger coordination between high schools and institutions	1830
of higher education is necessary to prepare students for more	1831
challenging academic endeavors and to lessen the need for academic	1832
remediation in college, thereby reducing the costs of higher	1833
education for Ohio's students, families, and the state. The state	1834
board and the chancellor of the Ohio board of regents shall	1835
develop policies to ensure that only in rare instances will	1836
students who complete the Ohio core curriculum require academic	1837
remediation after high school.	1838

School districts, community schools, and chartered nonpublic	1839
schools shall integrate technology into learning experiences	1840
across the curriculum in order to maximize efficiency, enhance	1841
learning, and prepare students for success in the	1842
technology-driven twenty-first century. Districts and schools	1843
shall use distance and web-based course delivery as a method of	1844
providing or augmenting all instruction required under this	1845
division, including laboratory experience in science. Districts	1846
and schools shall utilize technology access and electronic	1847
learning opportunities provided by the broadcast educational media	1848
commission, chancellor, the Ohio learning network, education	1849
technology centers, public television stations, and other public	1850
and private providers.	1851

(D) Except as provided in division (E) of this section, a	1852
student who enters ninth grade on or after July 1, 2010, and	1853
before July 1, 2014, may qualify for graduation from a public or	1854
chartered nonpublic high school even though the student has not	1855
completed the Ohio core curriculum prescribed in division (C) of	1856
this section if all of the following conditions are satisfied:	1857

(1) After the student has attended high school for two years,	1858
as determined by the school, the student and the student's parent,	1859
guardian, or custodian sign and file with the school a written	1860
statement asserting the parent's, guardian's, or custodian's	1861
consent to the student's graduating without completing the Ohio	1862
core curriculum and acknowledging that one consequence of not	1863
completing the Ohio core curriculum is ineligibility to enroll in	1864
most state universities in Ohio without further coursework.	1865

(2) The student and parent, guardian, or custodian fulfill	1866
any procedural requirements the school stipulates to ensure the	1867
student's and parent's, guardian's, or custodian's informed	1868
consent and to facilitate orderly filing of statements under	1869
division (D)(1) of this section.	1870

(3) The student and the student's parent, guardian, or	1871
custodian and a representative of the student's high school	1872
jointly develop an individual career plan for the student that	1873
specifies the student matriculating to a two-year degree program,	1874
acquiring a business and industry credential, or entering an	1875
apprenticeship.	1876

(4) The student's high school provides counseling and support	1877
for the student related to the plan developed under division	1878
(D)(3) of this section during the remainder of the student's high	1879
school experience.	1880

(5) The student successfully completes, at a minimum, the	1881
curriculum prescribed in division (B) of this section.	1882

The department of education, in collaboration with the	1883
chancellor, shall analyze student performance data to determine if	1884
there are mitigating factors that warrant extending the exception	1885
permitted by division (D) of this section to high school classes	1886
beyond those entering ninth grade before July 1, 2014. The	1887
department shall submit its findings and any recommendations not	1888
later than August 1, 2014, to the speaker and minority leader of	1889
the house of representatives, the president and minority leader of	1890
the senate, the chairpersons and ranking minority members of the	1891
standing committees of the house of representatives and the senate	1892
that consider education legislation, the state board of education,	1893
and the superintendent of public instruction.	1894

(E) Each school district and chartered nonpublic school	1895
retains the authority to require an even more rigorous minimum	1896
curriculum for high school graduation than specified in division	1897
(B) or (C) of this section. A school district board of education,	1898
through the adoption of a resolution, or the governing authority	1899
of a chartered nonpublic school may stipulate any of the	1900
following:	1901

(1) A minimum high school curriculum that requires more than	1902
twenty units of academic credit to graduate;	1903

(2) An exception to the district's or school's minimum high	1904
school curriculum that is comparable to the exception provided in	1905
division (D) of this section but with additional requirements,	1906
which may include a requirement that the student successfully	1907
complete more than the minimum curriculum prescribed in division	1908
(B) of this section;	1909

(3) That no exception comparable to that provided in division	1910
(D) of this section is available.	1911

(F) A student enrolled in a dropout prevention and recovery	1912
program, which program has received a waiver from the department,	1913
may qualify for graduation from high school by successfully	1914
completing a competency-based instructional program administered	1915
by the dropout prevention and recovery program in lieu of	1916
completing the Ohio core curriculum prescribed in division (C) of	1917
this section. The department shall grant a waiver to a dropout	1918
prevention and recovery program, within sixty days after the	1919
program applies for the waiver, if the program meets all of the	1920
following conditions:	1921

(1) The program serves only students not younger than sixteen	1922
years of age and not older than twenty-one years of age.	1923

(2) The program enrolls students who, at the time of their	1924
initial enrollment, either, or both, are at least one grade level	1925
behind their cohort age groups or experience crises that	1926
significantly interfere with their academic progress such that	1927
they are prevented from continuing their traditional programs.	1928

(3) The program requires students to do one of the following:

1929

(a) Prior to July 1, 2015, attain either at least the	1930
applicable score designated for each of the assessments prescribed	1931
under division (B)(1) of section 3301.0710 of the Revised Code ~~or,~~	1932
~~to the extent prescribed by rule of the state board under division~~	1933
~~(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)~~	1934
~~of that section~~, a score specified under division (B)(4)(c) of	1935
section 3301.0712 of the Revised Code on the end-of-course	1936
examinations prescribed under division (B) of that section, or a	1937
score that demonstrates workforce readiness and employability on a	1938
nationally recognized job skills assessment selected by the state	1939
board of education under division (D) of section 3301.0712 of the	1940
Revised Code;	1941

(b) On or after July 1, 2015, satisfy one of the requirements	1942
under division (A) of section 3314.019 of the Revised Code.	1943

(4) The program develops an individual career plan for the	1944
student that specifies the student's matriculating to a two-year	1945
degree program, acquiring a business and industry credential, or	1946
entering an apprenticeship.	1947

(5) The program provides counseling and support for the	1948
student related to the plan developed under division (F)(4) of	1949
this section during the remainder of the student's high school	1950
experience.	1951

(6) The program requires the student and the student's	1952
parent, guardian, or custodian to sign and file, in accordance	1953
with procedural requirements stipulated by the program, a written	1954
statement asserting the parent's, guardian's, or custodian's	1955
consent to the student's graduating without completing the Ohio	1956
core curriculum and acknowledging that one consequence of not	1957
completing the Ohio core curriculum is ineligibility to enroll in	1958
most state universities in Ohio without further coursework.	1959

(7) Prior to receiving the waiver, the program has submitted	1960
to the department an instructional plan that demonstrates how the	1961
academic content standards adopted by the state board under	1962
section 3301.079 of the Revised Code will be taught and assessed.	1963

If the department does not act either to grant the waiver or	1964
to reject the program application for the waiver within sixty days	1965
as required under this section, the waiver shall be considered to	1966
be granted.	1967

(G) Every high school may permit students below the ninth	1968
grade to take advanced work. If a high school so permits, it shall	1969
award high school credit for successful completion of the advanced	1970
work and shall count such advanced work toward the graduation	1971
requirements of division (B) or (C) of this section if the	1972
advanced work was both:	1973

(1) Taught by a person who possesses a license or certificate	1974
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	1975
Code that is valid for teaching high school;	1976

(2) Designated by the board of education of the city, local,	1977
or exempted village school district, the board of the cooperative	1978
education school district, or the governing authority of the	1979
chartered nonpublic school as meeting the high school curriculum	1980
requirements.	1981

Each high school shall record on the student's high school	1982
transcript all high school credit awarded under division (G) of	1983
this section. In addition, if the student completed a seventh- or	1984
eighth-grade fine arts course described in division (K) of this	1985
section and the course qualified for high school credit under that	1986
division, the high school shall record that course on the	1987
student's high school transcript.	1988

(H) The department shall make its individual academic career	1989
plan available through its Ohio career information system web site	1990
for districts and schools to use as a tool for communicating with	1991
and providing guidance to students and families in selecting high	1992
school courses.	1993

(I) Units earned in English language arts, mathematics,	1994
science, and social studies that are delivered through integrated	1995
academic and career-technical instruction are eligible to meet the	1996
graduation requirements of division (B) or (C) of this section.	1997

(J)(1) The state board, in consultation with the chancellor,	1998
shall adopt a statewide plan implementing methods for students to	1999
earn units of high school credit based on a demonstration of	2000
subject area competency, instead of or in combination with	2001
completing hours of classroom instruction. The state board shall	2002
adopt the plan not later than March 31, 2009, and commence phasing	2003
in the plan during the 2009-2010 school year. The plan shall	2004
include a standard method for recording demonstrated proficiency	2005
on high school transcripts. Each school district and community	2006
school shall comply with the state board's plan adopted under ~~this~~	2007
division (J)(1) of this section and award units of high school	2008
credit in accordance with the plan. The state board may adopt	2009
existing methods for earning high school credit based on a	2010
demonstration of subject area competency as necessary prior to the	2011
2009-2010 school year.	2012

(2) Notwithstanding anything to the contrary in this section,	2013
the state board shall adopt a policy to grant course credit,	2014
beginning July 1, 2014, to any student who does not complete a	2015
course of instruction but who demonstrates at least a proficient	2016
level of understanding in that course's subject matter by way of	2017
attaining any of the following scores:	2018

(a) A score of three or above on the corresponding advanced	2019
placement examination;	2020

(b) A score of four or above on the corresponding	2021
international baccalaureate examination;	2022

(c) A score that is at or above the proficient level on a	2023
corresponding end-of-course examination, or the equivalent,	2024
prescribed under division (B) of section 3301.0712 of the Revised	2025
Code;	2026

(d) A score set by the state board that is at or above the	2027
proficient level on any other corresponding examination approved	2028
by the state board that is not included in the list adopted under	2029
division (B)(3) of section 3301.0712 of the Revised Code.	2030

(3) Not later than one hundred twenty days after the	2031
effective date of this amendment, the state board shall establish	2032
both of the following:	2033

(a) The minimum score needed to demonstrate a proficient	2034
level on an examination described in division (J)(2)(d) of this	2035
section that a student must attain in order to receive credit;	2036

(b) The amount of credit to be awarded to a student based on	2037
the student's score on any of the examinations described in	2038
division (J)(2) of this section.	2039

Each school district and community school shall comply with	2040
the state board's policy adopted under division (J)(2) of this	2041
section and award units of high school credit in accordance with	2042
the policy.	2043

Notwithstanding any provision to the contrary in Chapter	2044
4117. of the Revised Code, the requirements of division (J)(2) of	2045
this section prevail over any conflicting provisions of a	2046
collective bargaining agreement entered into on or after the	2047
effective date of this amendment.	2048

(K) This division does not apply to students who qualify for	2049
graduation from high school under division (D) or (F) of this	2050
section, or to students pursuing a career-technical instructional	2051
track as determined by the school district board of education or	2052
the chartered nonpublic school's governing authority.	2053
Nevertheless, the general assembly encourages such students to	2054
consider enrolling in a fine arts course as an elective.	2055

Beginning with students who enter ninth grade for the first	2056
time on or after July 1, 2010, each student enrolled in a public	2057
or chartered nonpublic high school shall complete two semesters or	2058
the equivalent of fine arts to graduate from high school. The	2059
coursework may be completed in any of grades seven to twelve. Each	2060
student who completes a fine arts course in grade seven or eight	2061
may elect to count that course toward the five units of electives	2062
required for graduation under division (C)(8) of this section, if	2063
the course satisfied the requirements of division (G) of this	2064
section. In that case, the high school shall award the student	2065
high school credit for the course and count the course toward the	2066
five units required under division (C)(8) of this section. If the	2067
course in grade seven or eight did not satisfy the requirements of	2068
division (G) of this section, the high school shall not award the	2069
student high school credit for the course but shall count the	2070
course toward the two semesters or the equivalent of fine arts	2071
required by this division.	2072

(L) Notwithstanding anything to the contrary in this section,	2073
the board of education of each school district and the governing	2074
authority of each chartered nonpublic school may adopt a policy to	2075
excuse from the high school physical education requirement each	2076
student who, during high school, has participated in	2077
interscholastic athletics, marching band, or cheerleading for at	2078
least two full seasons or in the junior reserve officer training	2079
corps for at least two full school years. If the board or	2080
authority adopts such a policy, the board or authority shall not	2081
require the student to complete any physical education course as a	2082
condition to graduate. However, the student shall be required to	2083
complete one-half unit, consisting of at least sixty hours of	2084
instruction, in another course of study. In the case of a student	2085
who has participated in the junior reserve officer training corps	2086
for at least two full school years, credit received for that	2087
participation may be used to satisfy the requirement to complete	2088
one-half unit in another course of study.	2089

(M) It is important that high school students learn and	2090
understand United States history and the governments of both the	2091
United States and the state of Ohio. Therefore, beginning with	2092
students who enter ninth grade for the first time on or after July	2093
1, 2012, the study of American history and American government	2094
required by divisions (B)(6) and (C)(6) of this section shall	2095
include the study of all of the following documents:	2096

(1) The Declaration of Independence;

2097

(2) The Northwest Ordinance;

2098

(3) The Constitution of the United States with emphasis on	2099
the Bill of Rights;	2100

(4) The Ohio Constitution.

2101

The study of each of the documents prescribed in divisions	2102
(M)(1) to (4) of this section shall include study of that document	2103
in its original context.	2104

The study of American history and government required by	2105
divisions (B)(6) and (C)(6) of this section shall include the	2106
historical evidence of the role of documents such as the	2107
Federalist Papers and the Anti-Federalist Papers to firmly	2108
establish the historical background leading to the establishment	2109
of the provisions of the Constitution and Bill of Rights.	2110

Sec. 3313.61. (A) A diploma shall be granted by the board of	2111
education of any city, exempted village, or local school district	2112
that operates a high school to any person to whom all of the	2113
following apply:	2114

(1) The person has successfully completed the curriculum in	2115
any high school or the individualized education program developed	2116
for the person by any high school pursuant to section 3323.08 of	2117
the Revised Code, or has qualified under division (D) or (F) of	2118
section 3313.603 of the Revised Code, provided that no school	2119
district shall require a student to remain in school for any	2120
specific number of semesters or other terms if the student	2121
completes the required curriculum early;	2122

(2) Subject to section 3313.614 of the Revised Code, the	2123
person has met the assessment requirements of division (A)(2)(a)	2124
or (b) of this section, as applicable.	2125

(a) If the person entered the ninth grade prior to ~~the date~~	2126
~~prescribed by rule of the state board of education under division~~	2127
~~(D)(2) of section 3301.0712 of the Revised Code~~July 1, 2015, the	2128
person either:	2129

(i) Has attained at least the applicable scores designated	2130
under division (B)(1) of section 3301.0710 of the Revised Code on	2131
all the assessments required by that division unless the person	2132
was excused from taking any such assessment pursuant to section	2133
3313.532 of the Revised Code or unless division ~~(H)~~(I) or ~~(L)~~(M)	2134
of this section applies to the person;	2135

(ii) Has satisfied the alternative conditions prescribed in	2136
section 3313.615 of the Revised Code.	2137

(b) If the person entered the ninth grade on or after ~~the~~	2138
~~date prescribed by rule of the state board under division (D)(2)~~	2139
~~of section 3301.0712 of the Revised Code~~July 1, 2015, the person	2140
has met the ~~requirements of the entire assessment system~~	2141
requirement prescribed ~~under division (B)(2) of~~by section	2142
~~3301.0710~~3313.618 of the Revised Code, except to the extent that	2143
the person is excused from ~~some portion of~~an assessment	2144
prescribed by that ~~assessment system~~section pursuant to section	2145
3313.532 of the Revised Code or division ~~(H)~~(I) or ~~(L)~~(M) of this	2146
section.	2147

(3) The person is not eligible to receive an honors diploma	2148
granted pursuant to division (B) of this section.	2149

Except as provided in divisions ~~(C)~~(D), ~~(E)~~(F), ~~(J)~~(K), and	2150
~~(L)~~(M) of this section, no diploma shall be granted under this	2151
division to anyone except as provided under this division.	2152

(B) In lieu of a diploma granted under division (A) of this	2153
section, an honors diploma shall be granted, in accordance with	2154
rules of the state board, by any such district board to anyone who	2155
accomplishes all of the following:	2156

(1) Successfully completes the curriculum in any high school	2157
or the individualized education program developed for the person	2158
by any high school pursuant to section 3323.08 of the Revised	2159
Code;	2160

(2) Subject to section 3313.614 of the Revised Code, has met	2161
the assessment requirements of division (B)(2)(a) or (b) of this	2162
section, as applicable.	2163

(a) If the person entered the ninth grade prior to ~~the date~~	2164
~~prescribed by rule of the state board of education under division~~	2165
~~(D)(2) of section 3301.0712 of the Revised Code~~July 1, 2015, the	2166
person either:	2167

(i) Has attained at least the applicable scores designated	2168
under division (B)(1) of section 3301.0710 of the Revised Code on	2169
all the assessments required by that division;	2170

(ii) Has satisfied the alternative conditions prescribed in	2171
section 3313.615 of the Revised Code.	2172

(b) If the person entered the ninth grade on or after ~~the~~	2173
~~date prescribed by rule of the state board under division (D)(2)~~	2174
~~of section 3301.0712 of the Revised Code~~July 1, 2015, the person	2175
has met the ~~requirements of the entire assessment system~~	2176
requirement prescribed under ~~division (B)(2) of~~ section ~~3301.0710~~	2177
3313.618 of the Revised Code.	2178

(3) Has met additional criteria established by the state	2179
board for the granting of such a diploma.	2180

An honors diploma shall not be granted to a student who is	2181
subject to the Ohio core curriculum prescribed in division (C) of	2182
section 3313.603 of the Revised Code but elects the option of	2183
division (D) or (F) of that section. Except as provided in	2184
divisions ~~(C)~~(D), ~~(E)~~(F), and ~~(J)~~(K) of this section, no honors	2185
diploma shall be granted to anyone failing to comply with this	2186
division and no more than one honors diploma shall be granted to	2187
any student under this division.	2188

The state board shall adopt rules prescribing the granting of	2189
honors diplomas under this division. These rules may prescribe the	2190
granting of honors diplomas that recognize a student's achievement	2191
as a whole or that recognize a student's achievement in one or	2192
more specific subjects or both. The rules may prescribe the	2193
granting of an honors diploma recognizing technical expertise for	2194
a career-technical student. In any case, the rules shall designate	2195
two or more criteria for the granting of each type of honors	2196
diploma the board establishes under this division and the number	2197
of such criteria that must be met for the granting of that type of	2198
diploma. The number of such criteria for any type of honors	2199
diploma shall be at least one less than the total number of	2200
criteria designated for that type and no one or more particular	2201
criteria shall be required of all persons who are to be granted	2202
that type of diploma.	2203

(C) A diploma or honors diploma granted to a student under	2204
division (A) or (B) of this section may include one or both of the	2205
following endorsements:	2206

(1) Remediation-free endorsement, which is earned by being	2207
determined to be remediation-free, as described under division (F)	2208
of section 3345.061 of the Revised Code, on each of the nationally	2209
standardized assessments in English, mathematics, and reading;	2210

(2) Workforce-ready endorsement, which is earned by attaining	2211
a score that demonstrates workforce readiness and employability on	2212
a nationally recognized job skills assessment selected by the	2213
state board of education under division (D) of section 3301.0712	2214
of the Revised Code or obtaining either an industry-recognized	2215
credential, as described in division (B)(2)(d) of section 3302.03	2216
of the Revised Code, or a license issued by a state agency or	2217
board for practice in a vocation that requires an examination for	2218
issuance of that license.	2219

(D) Any district board administering any of the assessments	2220
required by section 3301.0710 of the Revised Code to any person	2221
requesting to take such assessment pursuant to division (B)(8)(b)	2222
of section 3301.0711 of the Revised Code shall award a diploma to	2223
such person if the person attains at least the applicable scores	2224
designated under division (B)(1) of section 3301.0710 of the	2225
Revised Code on all the assessments administered and if the person	2226
has previously attained the applicable scores on all the other	2227
assessments required by division (B)(1) of that section or has	2228
been exempted or excused from attaining the applicable score on	2229
any such assessment pursuant to division ~~(H)~~(I) or ~~(L)~~(M) of this	2230
section or from taking any such assessment pursuant to section	2231
3313.532 of the Revised Code.	2232

~~(D)~~(E) Each diploma awarded under this section shall be	2233
signed by the president and treasurer of the issuing board, the	2234
superintendent of schools, and the principal of the high school.	2235
Each diploma shall bear the date of its issue, be in such form as	2236
the district board prescribes, and be paid for out of the	2237
district's general fund.	2238

~~(E)~~(F) A person who is a resident of Ohio and is eligible	2239
under state board of education minimum standards to receive a high	2240
school diploma based in whole or in part on credits earned while	2241
an inmate of a correctional institution operated by the state or	2242
any political subdivision thereof, shall be granted such diploma	2243
by the correctional institution operating the programs in which	2244
such credits were earned, and by the board of education of the	2245
school district in which the inmate resided immediately prior to	2246
the inmate's placement in the institution. The diploma granted by	2247
the correctional institution shall be signed by the director of	2248
the institution, and by the person serving as principal of the	2249
institution's high school and shall bear the date of issue.	2250

~~(F)~~(G) Persons who are not residents of Ohio but who are	2251
inmates of correctional institutions operated by the state or any	2252
political subdivision thereof, and who are eligible under state	2253
board of education minimum standards to receive a high school	2254
diploma based in whole or in part on credits earned while an	2255
inmate of the correctional institution, shall be granted a diploma	2256
by the correctional institution offering the program in which the	2257
credits were earned. The diploma granted by the correctional	2258
institution shall be signed by the director of the institution and	2259
by the person serving as principal of the institution's high	2260
school and shall bear the date of issue.	2261

~~(G)~~(H) The state board of education shall provide by rule for	2262
the administration of the assessments required by ~~section~~	2263
sections 3301.0710 and 3301.0712 of the Revised Code to inmates of	2264
correctional institutions.	2265

~~(H)~~(I) Any person to whom all of the following apply shall be	2266
exempted from attaining the applicable score on the assessment in	2267
social studies designated under division (B)(1) of section	2268
3301.0710 of the Revised Code, any American history end-of-course	2269
examination and any American government end-of-course examination	2270
required under division (B)~~(2)~~ of ~~that~~ section 3301.0712 of the	2271
Revised Code if such an exemption is prescribed by rule of the	2272
state board under division ~~(D)(4)~~(G)(3) of section 3301.0712 of	2273
the Revised Code, or the test in citizenship designated under	2274
former division (B) of section 3301.0710 of the Revised Code as it	2275
existed prior to September 11, 2001:	2276

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

2277

(2) The person is not a permanent resident of the United	2278
States;	2279

(3) The person indicates no intention to reside in the United	2280
States after the completion of high school.	2281

~~(I)~~(J) Notwithstanding division (D) of section 3311.19 and	2282
division (D) of section 3311.52 of the Revised Code, this section	2283
and section 3311.611 of the Revised Code do not apply to the board	2284
of education of any joint vocational school district or any	2285
cooperative education school district established pursuant to	2286
divisions (A) to (C) of section 3311.52 of the Revised Code.	2287

~~(J)~~(K) Upon receipt of a notice under division (D) of section	2288
3325.08 or division (D) of section 3328.25 of the Revised Code	2289
that a student has received a diploma under either section, the	2290
board of education receiving the notice may grant a high school	2291
diploma under this section to the student, except that such board	2292
shall grant the student a diploma if the student meets the	2293
graduation requirements that the student would otherwise have had	2294
to meet to receive a diploma from the district. The diploma	2295
granted under this section shall be of the same type the notice	2296
indicates the student received under section 3325.08 or 3328.25 of	2297
the Revised Code.	2298

~~(K)~~(L) As used in this division, "limited English proficient	2299
student" has the same meaning as in division (C)(3) of section	2300
3301.0711 of the Revised Code.	2301

Notwithstanding division (C)(3) of section 3301.0711 of the	2302
Revised Code, no limited English proficient student who has not	2303
either attained the applicable scores designated under division	2304
(B)(1) of section 3301.0710 of the Revised Code on all the	2305
assessments required by that division, or met the ~~requirements of~~	2306
~~the assessments required by division (B)(2) of that~~requirement	2307
prescribed by section 3313.618 of the Revised Code, shall be	2308
awarded a diploma under this section.	2309

~~(L)~~(M) Any student described by division (A)(1) of this	2310
section may be awarded a diploma without ~~attaining the applicable~~	2311
~~scores designated on the assessments~~meeting the requirement	2312
prescribed ~~under division (B) of~~by section ~~3301.0710~~3313.618 of	2313
the Revised Code provided an individualized education program	2314
specifically exempts the student from ~~attaining~~meeting such	2315
~~scores~~requirement. This division does not negate the requirement	2316
for ~~such~~ a student to take ~~all such~~the assessments prescribed by	2317
section 3301.0710 or under division (B) of section 3301.0712 of	2318
the Revised Code, or alternate assessments required by division	2319
(C)(1) of section 3301.0711 of the Revised Code, for the purpose	2320
of assessing student progress as required by federal law.	2321

(N) The state board shall not create any additional type of	2322
diploma other than those authorized by this section or section	2323
3313.611, 3313.612, 3325.08, or 3328.25 of the Revised Code.	2324

Sec. 3313.611. (A) The state board of education shall adopt,	2325
by rule, standards for awarding high school credit equivalent to	2326
credit for completion of high school academic and vocational	2327
education courses to applicants for diplomas under this section.	2328
The standards may permit high school credit to be granted to an	2329
applicant for any of the following:	2330

(1) Work experiences or experiences as a volunteer;

2331

(2) Completion of academic, vocational, or self-improvement	2332
courses offered to persons over the age of twenty-one by a	2333
chartered public or nonpublic school;	2334

(3) Completion of academic, vocational, or self-improvement	2335
courses offered by an organization, individual, or educational	2336
institution other than a chartered public or nonpublic school;	2337

(4) Other life experiences considered by the board to provide	2338
knowledge and learning experiences comparable to that gained in a	2339
classroom setting.	2340

(B) The board of education of any city, exempted village, or	2341
local school district that operates a high school shall grant a	2342
diploma of adult education to any applicant if all of the	2343
following apply:	2344

(1) The applicant is a resident of the district;

2345

(2) The applicant is over the age of twenty-one and has not	2346
been issued a diploma as provided in section 3313.61 of the	2347
Revised Code;	2348

(3) Subject to section 3313.614 of the Revised Code, the	2349
applicant has met the assessment requirements of division	2350
(B)(3)(a) or (b) of this section, as applicable.	2351

(a) Prior to ~~the date prescribed by rule of the state board~~	2352
~~under division (D)(3) of section 3301.0712 of the Revised Code~~	2353
July 1, 2015, the applicant either:	2354

(i) Has attained the applicable scores designated under	2355
division (B)(1) of section 3301.0710 of the Revised Code on all of	2356
the assessments required by that division or was excused or	2357
exempted from any such assessment pursuant to section 3313.532 or	2358
was exempted from attaining the applicable score on any such	2359
assessment pursuant to division ~~(H)~~(I) or ~~(L)~~(M) of section	2360
3313.61 of the Revised Code;	2361

(ii) Has satisfied the alternative conditions prescribed in	2362
section 3313.615 of the Revised Code.	2363

(b) On or after ~~the date prescribed by rule of the state~~	2364
~~board under division (D)(3) of section 3301.0712 of the Revised~~	2365
~~Code~~July 1, 2015, has met the ~~requirements of the entire~~	2366
~~assessment system~~requirement prescribed ~~under division (B)(2) of~~	2367
by section ~~3301.0710~~3313.618 of the Revised Code, except and only	2368
to the extent that the applicant is excused from some portion of	2369
that ~~assessment system~~section pursuant to section 3313.532 of the	2370
Revised Code or division ~~(H)~~(I) or ~~(L)~~(M) of section 3313.61 of	2371
the Revised Code.	2372

(4) The district board determines, in accordance with the	2373
standards adopted under division (A) of this section, that the	2374
applicant has attained sufficient high school credits, including	2375
equivalent credits awarded under such standards, to qualify as	2376
having successfully completed the curriculum required by the	2377
district for graduation.	2378

(C) If a district board determines that an applicant is not	2379
eligible for a diploma under division (B) of this section, it	2380
shall inform the applicant of the reason the applicant is	2381
ineligible and shall provide a list of any courses required for	2382
the diploma for which the applicant has not received credit. An	2383
applicant may reapply for a diploma under this section at any	2384
time.	2385

(D) If a district board awards an adult education diploma	2386
under this section, the president and treasurer of the board and	2387
the superintendent of schools shall sign it. Each diploma shall	2388
bear the date of its issuance, be in such form as the district	2389
board prescribes, and be paid for from the district's general	2390
fund, except that the state board may by rule prescribe standard	2391
language to be included on each diploma.	2392

(E) As used in this division, "limited English proficient	2393
student" has the same meaning as in division (C)(3) of section	2394
3301.0711 of the Revised Code.	2395

Notwithstanding division (C)(3) of section 3301.0711 of the	2396
Revised Code, no limited English proficient student who has not	2397
either attained the applicable scores designated under division	2398
(B)(1) of section 3301.0710 of the Revised Code on all the	2399
assessments required by that division, or has not met the	2400
~~requirements of the assessments required~~requirement prescribed by	2401
~~division (B)(2) of that~~ section 3313.618 of the Revised Code,	2402
shall be awarded a diploma under this section.	2403

Sec. 3313.612. (A) No nonpublic school chartered by the	2404
state board of education shall grant a high school diploma to any	2405
person unless, subject to section 3313.614 of the Revised Code,	2406
the person has met the assessment requirements of division (A)(1)	2407
or (2) of this section, as applicable.	2408

(1) If the person entered the ninth grade prior to ~~the date~~	2409
~~prescribed by rule of the state board under division (D)(2) of~~	2410
~~section 3301.0712 of the Revised Code~~July 1, 2015, the person has	2411
attained at least the applicable scores designated under division	2412
(B)(1) of section 3301.0710 of the Revised Code on all the	2413
assessments required by that division, or has satisfied the	2414
alternative conditions prescribed in section 3313.615 of the	2415
Revised Code.	2416

(2) If the person entered the ninth grade on or after ~~the~~	2417
~~date prescribed by rule of the state board under division (E)(2)~~	2418
~~of section 3301.0712 of the Revised Code~~July 1, 2015, the person	2419
has met the ~~requirements of the entire assessment system~~	2420
requirement prescribed ~~under division (B)(2) of~~by section	2421
~~3301.0710~~3313.618 of the Revised Code.	2422

(B) This section does not apply to ~~any~~either of the	2423
following:	2424

(1) Any person with regard to any assessment from which the	2425
person was excused pursuant to division (C)(1)(c) of section	2426
3301.0711 of the Revised Code;	2427

(2) ~~Any person that attends a nonpublic school accredited~~	2428
~~through the independent school association of the central states~~	2429
~~with regard to any end-of-course examination required under~~	2430
~~divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;~~	2431

~~(3)~~ Any person with regard to the social studies assessment	2432
under division (B)(1) of section 3301.0710 of the Revised Code,	2433
any American history end-of-course examination and any American	2434
government end-of-course examination required under division	2435
(B)~~(2)~~ of ~~that~~ section 3301.0712 of the Revised Code if such an	2436
exemption is prescribed by rule of the state board of education	2437
under division ~~(D)(4)~~(G)(3) of section 3301.0712 of the Revised	2438
Code, or the citizenship test under former division (B) of section	2439
3301.0710 of the Revised Code as it existed prior to September 11,	2440
2001, if all of the following apply:	2441

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

2442

(b) The person is not a permanent resident of the United	2443
States;	2444

(c) The person indicates no intention to reside in the United	2445
States after completion of high school.	2446

(C) As used in this division, "limited English proficient	2447
student" has the same meaning as in division (C)(3) of section	2448
3301.0711 of the Revised Code.	2449

Notwithstanding division (C)(3) of section 3301.0711 of the	2450
Revised Code, no limited English proficient student who has not	2451
either attained the applicable scores designated under division	2452
(B)(1) of section 3301.0710 of the Revised Code on all the	2453
assessments required by that division, or met the ~~requirements of~~	2454
~~the assessments under division (B)(2) of that~~requirement	2455
prescribed by section 3313.618 of the Revised Code, shall be	2456
awarded a diploma under this section.	2457

Sec. 3313.614. (A) As used in this section, a person	2458
"fulfills the curriculum requirement for a diploma" at the time	2459
one of the following conditions is satisfied:	2460

(1) The person successfully completes the high school	2461
curriculum of a school district, a community school, a chartered	2462
nonpublic school, or a correctional institution.	2463

(2) The person successfully completes the individualized	2464
education program developed for the person under section 3323.08	2465
of the Revised Code.	2466

(3) A board of education issues its determination under	2467
section 3313.611 of the Revised Code that the person qualifies as	2468
having successfully completed the curriculum required by the	2469
district.	2470

(B) This division specifies the assessment requirements that	2471
must be fulfilled as a condition toward granting high school	2472
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	2473
of the Revised Code.	2474

(1) A person who fulfills the curriculum requirement for a	2475
diploma before September 15, 2000, is not required to pass any	2476
proficiency test or achievement test in science as a condition to	2477
receiving a diploma.	2478

(2) A person who began ninth grade prior to July 1, 2003, is	2479
not required to pass the Ohio graduation test prescribed under	2480
division (B)(1) of section 3301.0710 or any assessment prescribed	2481
under division (B)(2) of that section in any subject as a	2482
condition to receiving a diploma once the person has passed the	2483
ninth grade proficiency test in the same subject, so long as the	2484
person passed the ninth grade proficiency test prior to September	2485
15, 2008. However, any such person who passes the Ohio graduation	2486
test in any subject prior to passing the ninth grade proficiency	2487
test in the same subject shall be deemed to have passed the ninth	2488
grade proficiency test in that subject as a condition to receiving	2489
a diploma. For this purpose, the ninth grade proficiency test in	2490
citizenship substitutes for the Ohio graduation test in social	2491
studies. If a person began ninth grade prior to July 1, 2003, but	2492
does not pass a ninth grade proficiency test or the Ohio	2493
graduation test in a particular subject before September 15, 2008,	2494
and passage of a test in that subject is a condition for the	2495
person to receive a diploma, the person must pass the Ohio	2496
graduation test instead of the ninth grade proficiency test in	2497
that subject to receive a diploma.	2498

(3) A person who begins ninth grade on or after July 1, 2003,	2499
in a school district, community school, or chartered nonpublic	2500
school is not eligible to receive a diploma based on passage of	2501
ninth grade proficiency tests. Each such person who begins ninth	2502
grade prior to ~~the date prescribed by the state board of education~~	2503
~~under division (D)(5) of section 3301.0712 of the Revised Code~~	2504
July 1, 2015, must pass Ohio graduation tests to meet the	2505
assessment requirements applicable to that person as a condition	2506
to receiving a diploma.	2507

(4) A person who begins ninth grade on or after ~~the date~~	2508
~~prescribed by the state board of education under division (D)(5)~~	2509
~~of section 3301.0712 of the Revised Code~~July 1, 2015, is not	2510
eligible to receive a diploma based on passage of the Ohio	2511
graduation tests. Each such person must meet the ~~requirements of~~	2512
~~the entire assessment system~~requirement prescribed ~~under division~~	2513
~~(B)(2) of~~by section ~~3301.0710~~3313.618 of the Revised Code.	2514

(C) This division specifies the curriculum requirement that	2515
shall be completed as a condition toward granting high school	2516
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	2517
of the Revised Code.	2518

(1) A person who is under twenty-two years of age when the	2519
person fulfills the curriculum requirement for a diploma shall	2520
complete the curriculum required by the school district or school	2521
issuing the diploma for the first year that the person originally	2522
enrolled in high school, except for a person who qualifies for	2523
graduation from high school under either division (D) or (F) of	2524
section 3313.603 of the Revised Code.	2525

(2) Once a person fulfills the curriculum requirement for a	2526
diploma, the person is never required, as a condition of receiving	2527
a diploma, to meet any different curriculum requirements that take	2528
effect pending the person's passage of proficiency tests or	2529
achievement tests or assessments, including changes mandated by	2530
section 3313.603 of the Revised Code, the state board, a school	2531
district board of education, or a governing authority of a	2532
community school or chartered nonpublic school.	2533

Sec. 3313.615. This section shall apply to diplomas awarded	2534
after September 15, 2006, to students who are required to take the	2535
five Ohio graduation tests prescribed by division (B)(1) of	2536
section 3301.0710 of the Revised Code. This section does not apply	2537
to any student who enters ninth grade for the first time on or	2538
after July 1, 2015.	2539

(A) As an alternative to the requirement that a person attain	2540
the scores designated under division (B)(1) of section 3301.0710	2541
of the Revised Code on all the assessments required under that	2542
division in order to be eligible for a high school diploma or an	2543
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	2544
Revised Code or for a diploma of adult education under section	2545
3313.611 of the Revised Code, a person who has attained at least	2546
the applicable scores designated under division (B)(1) of section	2547
3301.0710 of the Revised Code on all but one of the assessments	2548
required by that division and from which the person was not	2549
excused or exempted, pursuant to division ~~(L)~~(M) of section	2550
3313.61, division (B)(1) of section 3313.612, or section 3313.532	2551
of the Revised Code, may be awarded a diploma or honors diploma if	2552
the person has satisfied all of the following conditions:	2553

(1) On the one assessment required under division (B)(1) of	2554
section 3301.0710 of the Revised Code for which the person failed	2555
to attain the designated score, the person missed that score by	2556
ten points or less;	2557

(2) Has a ninety-seven per cent school attendance rate in	2558
each of the last four school years, excluding any excused	2559
absences;	2560

(3) Has not been expelled from school under section 3313.66	2561
of the Revised Code in any of the last four school years;	2562

(4) Has a grade point average of at least 2.5 out of 4.0, or	2563
its equivalent as designated in rules adopted by the state board	2564
of education, in the subject area of the assessment required under	2565
division (B)(1) of section 3301.0710 of the Revised Code for which	2566
the person failed to attain the designated score;	2567

(5) Has completed the high school curriculum requirements	2568
prescribed in section 3313.603 of the Revised Code or has	2569
qualified under division (D) or (F) of that section;	2570

(6) Has taken advantage of any intervention programs provided	2571
by the school district or school in the subject area described in	2572
division (A)(4) of this section and has a ninety-seven per cent	2573
attendance rate, excluding any excused absences, in any of those	2574
programs that are provided at times beyond the normal school day,	2575
school week, or school year or has received comparable	2576
intervention services from a source other than the school district	2577
or school;	2578

(7) Holds a letter recommending graduation from each of the	2579
person's high school teachers in the subject area described in	2580
division (A)(4) of this section and from the person's high school	2581
principal.	2582

(B) The state board of education shall establish rules	2583
designating grade point averages equivalent to the average	2584
specified in division (A)(4) of this section for use by school	2585
districts and schools with different grading systems.	2586

(C) Any student who is exempt from attaining the applicable	2587
score designated under division (B)(1) of section 3301.0710 of the	2588
Revised Code on the Ohio graduation test in social studies	2589
pursuant to division ~~(H)~~(I) of section 3313.61 or division	2590
(B)~~(3)~~(2) of section 3313.612 of the Revised Code shall not	2591
qualify for a high school diploma under this section, unless,	2592
notwithstanding the exemption, the student attains the applicable	2593
score on that assessment. If the student attains the applicable	2594
score on that assessment, the student may qualify for a diploma	2595
under this section in the same manner as any other student who is	2596
required to take the five Ohio graduation tests prescribed by	2597
division (B)(1) of section 3301.0710 of the Revised Code.	2598

Sec. 3313.618. (A) Except as provided in section 3314.019 of	2599
the Revised Code, in addition to the applicable curriculum	2600
requirements, each student entering ninth grade for the first time	2601
on or after July 1, 2015, shall satisfy at least one of the	2602
following conditions in order to qualify for a high school	2603
diploma:	2604

(1) Be remediation-free, in accordance with standards adopted	2605
under division (F) of section 3345.061 of the Revised Code, on	2606
each of the nationally standardized assessments in English,	2607
mathematics, and reading;	2608

(2) Be remediation-free, in accordance with the standards	2609
established by the state board of education, on both the	2610
end-of-course examinations in English III and algebra II, or the	2611
equivalent of algebra II, prescribed under division (B) of section	2612
3301.0712 of the Revised Code;	2613

(3) Attain a score specified under division (B)(4)(c) of	2614
section 3301.0712 of the Revised Code on the end-of-course	2615
examinations prescribed under division (B) of section 3301.0712 of	2616
the Revised Code;	2617

(4) Attain a score that demonstrates workforce readiness and	2618
employability on a nationally recognized job skills assessment	2619
selected by the state board of education under division (D) of	2620
section 3301.0712 of the Revised Code or obtain either an	2621
industry-recognized credential, as described under division	2622
(B)(2)(d) of section 3302.03 of the Revised Code, or a license	2623
issued by a state agency or board for practice in a vocation that	2624
requires an examination for issuance of that license.	2625

A student may choose to qualify for a high school diploma by	2626
satisfying any of the separate requirements prescribed by division	2627
(A)(1) to (4) of this section. If the student's school district or	2628
school does not administer the examination prescribed by one of	2629
those divisions that the student chooses to take to satisfy the	2630
requirements of this section, the school district or school may	2631
require that student to arrange for the applicable scores to be	2632
sent directly to the district or school by the company or	2633
organization that administers the examination.	2634

(B) The state board of education shall not create or require	2635
any additional assessment for the granting of any type of high	2636
school diploma other than as prescribed by this section.	2637

Sec. 3313.976. (A) No private school may receive scholarship	2638
payments from parents pursuant to section 3313.979 of the Revised	2639
Code until the chief administrator of the private school registers	2640
the school with the superintendent of public instruction. The	2641
state superintendent shall register any school that meets the	2642
following requirements:	2643

(1) The school is located within the boundaries of the pilot	2644
project school district;	2645

(2) The school indicates in writing its commitment to follow	2646
all requirements for a state-sponsored scholarship program	2647
specified under sections 3313.974 to 3313.979 of the Revised Code,	2648
including, but not limited to, the requirements for admitting	2649
students pursuant to section 3313.977 of the Revised Code;	2650

(3) The school meets all state minimum standards for	2651
chartered nonpublic schools in effect on July 1, 1992, except that	2652
the state superintendent at the superintendent's discretion may	2653
register nonchartered nonpublic schools meeting the other	2654
requirements of this division;	2655

(4) The school does not discriminate on the basis of race,	2656
religion, or ethnic background;	2657

(5) The school enrolls a minimum of ten students per class or	2658
a sum of at least twenty-five students in all the classes offered;	2659

(6) The school does not advocate or foster unlawful behavior	2660
or teach hatred of any person or group on the basis of race,	2661
ethnicity, national origin, or religion;	2662

(7) The school does not provide false or misleading	2663
information about the school to parents, students, or the general	2664
public;	2665

(8) For students in grades kindergarten through eight with	2666
family incomes at or below two hundred per cent of the federal	2667
poverty guidelines, as defined in section 5104.46 of the Revised	2668
Code, the school agrees not to charge any tuition in excess of the	2669
scholarship amount established pursuant to division (C)(1) of	2670
section 3313.978 of the Revised Code, excluding any increase	2671
described in division (C)(2) of that section.	2672

(9) For students in grades kindergarten through eight with	2673
family incomes above two hundred per cent of the federal poverty	2674
guidelines, whose scholarship amounts are less than the actual	2675
tuition charge of the school, the school agrees not to charge any	2676
tuition in excess of the difference between the actual tuition	2677
charge of the school and the scholarship amount established	2678
pursuant to division (C)(1) of section 3313.978 of the Revised	2679
Code, excluding any increase described in division (C)(2) of that	2680
section. The school shall permit such tuition, at the discretion	2681
of the parent, to be satisfied by the family's provision of	2682
in-kind contributions or services.	2683

(10) The school agrees not to charge any tuition to families	2684
of students in grades nine through twelve receiving a scholarship	2685
in excess of the actual tuition charge of the school less the	2686
scholarship amount established pursuant to division (C)(1) of	2687
section 3313.978 of the Revised Code, excluding any increase	2688
described in division (C)(2) of that section.	2689

(11) If the school is not subject to division (K)(1)(a) of	2690
section 3301.0711 of the Revised Code, it annually administers the	2691
applicable assessments prescribed by section 3301.0710 or	2692
3301.0712 of the Revised Code to each scholarship student enrolled	2693
in the school in accordance with section 3301.0711 or 3301.0712 of	2694
the Revised Code and reports to the department of education the	2695
results of each such assessment administered to each scholarship	2696
student.	2697

(B) The state superintendent shall revoke the registration of	2698
any school if, after a hearing, the superintendent determines that	2699
the school is in violation of any of the provisions of division	2700
(A) of this section.	2701

(C) Any public school located in a school district adjacent	2702
to the pilot project district may receive scholarship payments on	2703
behalf of parents pursuant to section 3313.979 of the Revised Code	2704
if the superintendent of the district in which such public school	2705
is located notifies the state superintendent prior to the first	2706
day of March that the district intends to admit students from the	2707
pilot project district for the ensuing school year pursuant to	2708
section 3327.06 of the Revised Code.	2709

(D) Any parent wishing to purchase tutorial assistance from	2710
any person or governmental entity pursuant to the pilot project	2711
program under sections 3313.974 to 3313.979 of the Revised Code	2712
shall apply to the state superintendent. The state superintendent	2713
shall approve providers who appear to possess the capability of	2714
furnishing the instructional services they are offering to	2715
provide.	2716

Sec. 3314.017. (A) The state board of education shall	2717
prescribe by rules, adopted in accordance with Chapter 119. of the	2718
Revised Code, an academic performance rating and report card	2719
system that satisfies the requirements of this section for	2720
community schools that primarily serve students enrolled in	2721
dropout prevention and recovery programs as described in division	2722
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	2723
lieu of the system prescribed under sections 3302.03 and 3314.012	2724
of the Revised Code beginning with the 2012-2013 school year. Each	2725
such school shall comply with the testing and reporting	2726
requirements of the system as prescribed by the state board.	2727

(B) Nothing in this section shall at any time relieve a	2728
school from its obligations under the "No Child Left Behind Act of	2729
2001" to make "adequate yearly progress," as both that act and	2730
that term are defined in section 3302.01 of the Revised Code, or a	2731
school's amenability to the provisions of section 3302.04 or	2732
3302.041 of the Revised Code. The department shall continue to	2733
report each school's performance as required by the act and to	2734
enforce applicable sanctions under section 3302.04 or 3302.041 of	2735
the Revised Code.	2736

(C) The rules adopted by the state board shall prescribe the	2737
following performance indicators for the rating and report card	2738
system required by this section:	2739

(1) Graduation rate for each of the following student	2740
cohorts:	2741

(a) The number of students who graduate in four years or less	2742
with a regular high school diploma divided by the number of	2743
students who form the adjusted cohort for the graduating class;	2744

(b) The number of students who graduate in five years with a	2745
regular high school diploma divided by the number of students who	2746
form the adjusted cohort for the four-year graduation rate;	2747

(c) The number of students who graduate in six years with a	2748
regular high school diploma divided by the number of students who	2749
form the adjusted cohort for the four-year graduation rate;	2750

(d) The number of students who graduate in seven years with a	2751
regular high school diploma divided by the number of students who	2752
form the adjusted cohort for the four-year graduation rate;	2753

(e) The number of students who graduate in eight years with a	2754
regular high school diploma divided by the number of students who	2755
form the adjusted cohort for the four-year graduation rate.	2756

(2) The percentage of twelfth-grade students currently	2757
enrolled in the school and other students enrolled in the school,	2758
regardless of grade level, who are within three months of their	2759
twenty-second birthday who have ~~attained~~satisfied one of the	2760
following conditions:	2761

(a) Attained the designated passing score on all of the	2762
applicable state high school achievement assessments required	2763
under division (B)(1) ~~or (2)~~ of section 3301.0710 of the Revised	2764
Code ~~and other students enrolled in the school, regardless of~~	2765
~~grade level, who are within three months of their twenty-second~~	2766
~~birthday and have attained the designated passing score on all of~~	2767
~~the applicable state high school achievement assessments by their~~	2768
~~twenty-second birthday;~~or met the requirement of section 3313.618	2769
of the Revised Code, as applicable;	2770

(b) Attained a minimum passing score on the assessments	2771
prescribed under division (B) of section 3314.019 of the Revised	2772
Code;	2773

(c) Attained a score that demonstrates workforce readiness	2774
and employability on a nationally recognized job skills assessment	2775
selected by the state board under division (D) of section	2776
3301.0712 of the Revised Code.	2777

(3) Annual measurable objectives as defined in section	2778
3302.01 of the Revised Code;	2779

(4) Growth in student achievement in reading, or mathematics,	2780
or both as measured by separate nationally norm-referenced	2781
assessments that have developed appropriate standards for students	2782
enrolled in dropout prevention and recovery programs, adopted or	2783
approved by the state board.	2784

(D)(1) The state board's rules shall prescribe the expected	2785
performance levels and benchmarks for each of the indicators	2786
prescribed by division (C) of this section based on the data	2787
gathered by the department under division (F) of this section.	2788
Based on a school's level of attainment or nonattainment of the	2789
expected performance levels and benchmarks for each of the	2790
indicators, the department shall rate each school in one of the	2791
following categories:	2792

(a) Exceeds standards;

2793

(b) Meets standards;

2794

(c) Does not meet standards.

2795

(2) The state board's rules shall establish all of the	2796
following:	2797

(a) Not later than June 30, 2013, performance levels and	2798
benchmarks for the indicators described in divisions (C)(1) to (3)	2799
of this section;	2800

(b) Not later than December 31, 2014, both of the following:

2801

(i) Performance levels and benchmarks for the indicator	2802
described in division (C)(4) of this section;	2803

(ii) Standards for awarding a community school described in	2804
division (A)(4)(a) of section 3314.35 of the Revised Code an	2805
overall designation, which shall be calculated as follows:	2806

(I) Thirty per cent of the score shall be based on the	2807
indicators described in division (C)(1) of this section that are	2808
applicable to the school year for which the overall designation is	2809
granted.	2810

(II) Thirty per cent of the score shall be based on the	2811
indicators described in division (C)(4) of this section.	2812

(III) Twenty per cent of the score shall be based on the	2813
indicators described in division (C)(2) of this section.	2814

(IV) Twenty per cent of the score shall be based on the	2815
indicators described in division (C)(3) of this section.	2816

(3) If both of the indicators described in divisions (C)(1)	2817
and (2) of this section improve by ten per cent for two	2818
consecutive years, a school shall be rated not less than "meets	2819
standards."	2820

The rating and the relevant performance data for each school	2821
shall be posted on the department's web site, and a copy of the	2822
rating and data shall be provided to the governing authority of	2823
the community school.	2824

(E)(1) For the 2012-2013 school year, the department shall	2825
issue a report card including the following performance measures,	2826
but without a performance rating as described in divisions	2827
(D)(1)(a) to (c) of this section, for each community school	2828
described in division (A)(4)(a) of section 3314.35 of the Revised	2829
Code:	2830

(a) The graduation rates as described in divisions (C)(1)(a)	2831
to (c) of this section;	2832

(b) The percentage of twelfth-grade students and other	2833
students who have attained a designated passing score on high	2834
school achievement assessments as described in division (C)(2)(a)	2835
of this section;	2836

(c) The statewide average for the graduation rates and	2837
assessment passage rates described in divisions (C)(1)(a) to (c)	2838
and (C)(2)(a) of this section;	2839

(d) Annual measurable objectives described in division (C)(3)	2840
of this section.	2841

(2) For the 2013-2014 school year, the department shall issue	2842
a report card including the following performance measures for	2843
each community school described in division (A)(4)(a) of section	2844
3314.35 of the Revised Code:	2845

(a) The graduation rates described in divisions (C)(1)(a) to	2846
(d) of this section, including a performance rating as described	2847
in divisions (D)(1)(a) to (c) of this section;	2848

(b) The percentage of twelfth-grade students and other	2849
students who have attained a designated passing score on high	2850
school achievement assessments as described in division (C)(2)(a)	2851
of this section, including a performance rating as described in	2852
divisions (D)(1)(a) to (c) of this section;	2853

(c) Annual measurable objectives described in division (C)(3)	2854
of this section, including a performance rating as described in	2855
divisions (D)(1)(a) to (c) of this section;	2856

(d) Both of the following without an assigned rating:

2857

(i) Growth in annual student achievement in reading and	2858
mathematics described in division (C)(4) of this section, if	2859
available;	2860

(ii) Student outcome data, including postsecondary credit	2861
earned, nationally recognized career or technical certification,	2862
military enlistment, job placement, and attendance rate.	2863

(3) Beginning with the 2014-2015 school year, and annually	2864
thereafter, the department shall issue a report card for each	2865
community school described in division (A)(4)(a) of section	2866
3314.35 of the Revised Code that includes all of the following	2867
performance measures, including a performance rating for each	2868
measure as described in divisions (D)(1)(a) to (c) of this	2869
section:	2870

(a) The graduation rates as described in division (C)(1) of	2871
this section;	2872

(b) The percentage of twelfth-grade students and other	2873
students who have ~~attained a designated passing score on high~~	2874
~~school achievement assessments as~~met a condition described in	2875
division (C)(2) of this section as selected by the state board;	2876

(c) Annual measurable objectives described in division (C)(3)	2877
of this section, including a performance rating as described in	2878
divisions (D)(1)(a) to (c) of this section;	2879

(d) Growth in annual student achievement in reading and	2880
mathematics as described in division (C)(4) of this section;	2881

(e) An overall performance designation for the school	2882
calculated under rules adopted under division (D)(2) of this	2883
section.	2884

The department shall also include student outcome data,	2885
including postsecondary credit earned, nationally recognized	2886
career or technical certification, military enlistment, job	2887
placement, attendance rate, and progress on closing achievement	2888
gaps for each school. This information shall not be included in	2889
the calculation of a school's performance rating.	2890

(F) In developing the rating and report card system required	2891
by this section, during the 2012-2013 and 2013-2014 school years,	2892
the department shall gather and analyze data as determined	2893
necessary from each community school described in division	2894
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	2895
shall cooperate with the department by supplying requested data	2896
and administering required assessments, including sample	2897
assessments for purposes of measuring student achievement growth	2898
as described in division (C)(4) of this section. The department	2899
shall consult with stakeholder groups in performing its duties	2900
under this division.	2901

The department shall also identify one or more states that	2902
have established or are in the process of establishing similar	2903
academic performance rating systems for dropout prevention and	2904
recovery programs and consult with the departments of education of	2905
those states in developing the system required by this section.	2906

(G) Not later than December 31, 2014, the state board shall	2907
review the performance levels and benchmarks for performance	2908
indicators in the report card issued under this section and may	2909
revise them based on the data collected under division (F) of this	2910
section.	2911

Sec. 3314.019. (A) Beginning July 1, 2015, in addition to the	2912
applicable curriculum requirements, each student enrolled in a	2913
community school that primarily serves students enrolled in	2914
dropout prevention and recovery programs, as described in division	2915
(A)(4)(a) of section 3314.35 of the Revised Code, shall satisfy at	2916
least one of the following conditions in order to qualify for a	2917
high school diploma:	2918

(1) Satisfy one of the conditions prescribed in section	2919
3313.618 of the Revised Code;	2920

(2) Attain a minimum passing score on each of the assessments	2921
prescribed under division (B) of this section;	2922

(3) Attain a score that demonstrates workforce readiness and	2923
employability on a nationally recognized job skills assessment	2924
selected by the state board of education under division (D) of	2925
section 3301.0712 of the Revised Code.	2926

(B) Not later than July 1, 2015, the state board shall adopt	2927
rules, in accordance with Chapter 119. of the Revised Code, to	2928
designate for students enrolled in a dropout prevention and	2929
recovery program assessments in mathematics, science, social	2930
studies, and English language arts that evaluate a student's	2931
demonstration of general knowledge in a specific content area. The	2932
state board shall designate a minimum passing score for each of	2933
the assessments necessary to satisfy the requirement prescribed in	2934
division (A)(2) of this section.	2935

Sec. 3314.03. A copy of every contract entered into under	2936
this section shall be filed with the superintendent of public	2937
instruction. The department of education shall make available on	2938
its web site a copy of every approved, executed contract filed	2939
with the superintendent under this section.	2940

(A) Each contract entered into between a sponsor and the	2941
governing authority of a community school shall specify the	2942
following:	2943

(1) That the school shall be established as either of the	2944
following:	2945

(a) A nonprofit corporation established under Chapter 1702.	2946
of the Revised Code, if established prior to April 8, 2003;	2947

(b) A public benefit corporation established under Chapter	2948
1702. of the Revised Code, if established after April 8, 2003.	2949

(2) The education program of the school, including the	2950
school's mission, the characteristics of the students the school	2951
is expected to attract, the ages and grades of students, and the	2952
focus of the curriculum;	2953

(3) The academic goals to be achieved and the method of	2954
measurement that will be used to determine progress toward those	2955
goals, which shall include the statewide achievement assessments;	2956

(4) Performance standards by which the success of the school	2957
will be evaluated by the sponsor;	2958

(5) The admission standards of section 3314.06 of the Revised	2959
Code and, if applicable, section 3314.061 of the Revised Code;	2960

(6)(a) Dismissal procedures;

2961

(b) A requirement that the governing authority adopt an	2962
attendance policy that includes a procedure for automatically	2963
withdrawing a student from the school if the student without a	2964
legitimate excuse fails to participate in one hundred five	2965
consecutive hours of the learning opportunities offered to the	2966
student.	2967

(7) The ways by which the school will achieve racial and	2968
ethnic balance reflective of the community it serves;	2969

(8) Requirements for financial audits by the auditor of	2970
state. The contract shall require financial records of the school	2971
to be maintained in the same manner as are financial records of	2972
school districts, pursuant to rules of the auditor of state.	2973
Audits shall be conducted in accordance with section 117.10 of the	2974
Revised Code.	2975

(9) The facilities to be used and their locations;

2976

(10) Qualifications of teachers, including a requirement that	2977
the school's classroom teachers be licensed in accordance with	2978
sections 3319.22 to 3319.31 of the Revised Code, except that a	2979
community school may engage noncertificated persons to teach up to	2980
twelve hours per week pursuant to section 3319.301 of the Revised	2981
Code.	2982

(11) That the school will comply with the following	2983
requirements:	2984

(a) The school will provide learning opportunities to a	2985
minimum of twenty-five students for a minimum of nine hundred	2986
twenty hours per school year.	2987

(b) The governing authority will purchase liability	2988
insurance, or otherwise provide for the potential liability of the	2989
school.	2990

(c) The school will be nonsectarian in its programs,	2991
admission policies, employment practices, and all other	2992
operations, and will not be operated by a sectarian school or	2993
religious institution.	2994

(d) The school will comply with sections 9.90, 9.91, 109.65,	2995
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	2996
3301.0712, 3301.0715, 3301.946, 3313.472, 3313.50, 3313.536,	2997
3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,	2998
3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,	2999
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,	3000
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	3001
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	3002
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	3003
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	3004
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	3005
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	3006
were a school district and will comply with section 3301.0714 of	3007
the Revised Code in the manner specified in section 3314.17 of the	3008
Revised Code.	3009

(e) The school shall comply with Chapter 102. and section	3010
2921.42 of the Revised Code.	3011

(f) The school will comply with sections 3313.61, 3313.611,	3012
and 3313.614 of the Revised Code, except that for students who	3013
enter ninth grade for the first time before July 1, 2010, the	3014
requirement in sections 3313.61 and 3313.611 of the Revised Code	3015
that a person must successfully complete the curriculum in any	3016
high school prior to receiving a high school diploma may be met by	3017
completing the curriculum adopted by the governing authority of	3018
the community school rather than the curriculum specified in Title	3019
XXXIII of the Revised Code or any rules of the state board of	3020
education. Beginning with students who enter ninth grade for the	3021
first time on or after July 1, 2010, the requirement in sections	3022
3313.61 and 3313.611 of the Revised Code that a person must	3023
successfully complete the curriculum of a high school prior to	3024
receiving a high school diploma shall be met by completing the	3025
Ohio core curriculum prescribed in division (C) of section	3026
3313.603 of the Revised Code, unless the person qualifies under	3027
division (D) or (F) of that section. Each school shall comply with	3028
the plan for awarding high school credit based on demonstration of	3029
subject area competency, adopted by the state board of education	3030
under division (J) of section 3313.603 of the Revised Code.	3031

(g) The school governing authority will submit within four	3032
months after the end of each school year a report of its	3033
activities and progress in meeting the goals and standards of	3034
divisions (A)(3) and (4) of this section and its financial status	3035
to the sponsor and the parents of all students enrolled in the	3036
school.	3037

(h) The school, unless it is an internet- or computer-based	3038
community school, will comply with section 3313.801 of the Revised	3039
Code as if it were a school district.	3040

(i) If the school is the recipient of moneys from a grant	3041
awarded under the federal race to the top program, Division (A),	3042
Title XIV, Sections 14005 and 14006 of the "American Recovery and	3043
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	3044
school will pay teachers based upon performance in accordance with	3045
section 3317.141 and will comply with section 3319.111 of the	3046
Revised Code as if it were a school district.	3047

(12) Arrangements for providing health and other benefits to	3048
employees;	3049

(13) The length of the contract, which shall begin at the	3050
beginning of an academic year. No contract shall exceed five years	3051
unless such contract has been renewed pursuant to division (E) of	3052
this section.	3053

(14) The governing authority of the school, which shall be	3054
responsible for carrying out the provisions of the contract;	3055

(15) A financial plan detailing an estimated school budget	3056
for each year of the period of the contract and specifying the	3057
total estimated per pupil expenditure amount for each such year.	3058

(16) Requirements and procedures regarding the disposition of	3059
employees of the school in the event the contract is terminated or	3060
not renewed pursuant to section 3314.07 of the Revised Code;	3061

(17) Whether the school is to be created by converting all or	3062
part of an existing public school or educational service center	3063
building or is to be a new start-up school, and if it is a	3064
converted public school or service center building, specification	3065
of any duties or responsibilities of an employer that the board of	3066
education or service center governing board that operated the	3067
school or building before conversion is delegating to the	3068
governing authority of the community school with respect to all or	3069
any specified group of employees provided the delegation is not	3070
prohibited by a collective bargaining agreement applicable to such	3071
employees;	3072

(18) Provisions establishing procedures for resolving	3073
disputes or differences of opinion between the sponsor and the	3074
governing authority of the community school;	3075

(19) A provision requiring the governing authority to adopt a	3076
policy regarding the admission of students who reside outside the	3077
district in which the school is located. That policy shall comply	3078
with the admissions procedures specified in sections 3314.06 and	3079
3314.061 of the Revised Code and, at the sole discretion of the	3080
authority, shall do one of the following:	3081

(a) Prohibit the enrollment of students who reside outside	3082
the district in which the school is located;	3083

(b) Permit the enrollment of students who reside in districts	3084
adjacent to the district in which the school is located;	3085

(c) Permit the enrollment of students who reside in any other	3086
district in the state.	3087

(20) A provision recognizing the authority of the department	3088
of education to take over the sponsorship of the school in	3089
accordance with the provisions of division (C) of section 3314.015	3090
of the Revised Code;	3091

(21) A provision recognizing the sponsor's authority to	3092
assume the operation of a school under the conditions specified in	3093
division (B) of section 3314.073 of the Revised Code;	3094

(22) A provision recognizing both of the following:

3095

(a) The authority of public health and safety officials to	3096
inspect the facilities of the school and to order the facilities	3097
closed if those officials find that the facilities are not in	3098
compliance with health and safety laws and regulations;	3099

(b) The authority of the department of education as the	3100
community school oversight body to suspend the operation of the	3101
school under section 3314.072 of the Revised Code if the	3102
department has evidence of conditions or violations of law at the	3103
school that pose an imminent danger to the health and safety of	3104
the school's students and employees and the sponsor refuses to	3105
take such action.	3106

(23) A description of the learning opportunities that will be	3107
offered to students including both classroom-based and	3108
non-classroom-based learning opportunities that is in compliance	3109
with criteria for student participation established by the	3110
department under division (H)(2) of section 3314.08 of the Revised	3111
Code;	3112

(24) The school will comply with sections 3302.04 and	3113
3302.041 of the Revised Code, except that any action required to	3114
be taken by a school district pursuant to those sections shall be	3115
taken by the sponsor of the school. However, the sponsor shall not	3116
be required to take any action described in division (F) of	3117
section 3302.04 of the Revised Code.	3118

(25) Beginning in the 2006-2007 school year, the school will	3119
open for operation not later than the thirtieth day of September	3120
each school year, unless the mission of the school as specified	3121
under division (A)(2) of this section is solely to serve dropouts.	3122
In its initial year of operation, if the school fails to open by	3123
the thirtieth day of September, or within one year after the	3124
adoption of the contract pursuant to division (D) of section	3125
3314.02 of the Revised Code if the mission of the school is solely	3126
to serve dropouts, the contract shall be void.	3127

(B) The community school shall also submit to the sponsor a	3128
comprehensive plan for the school. The plan shall specify the	3129
following:	3130

(1) The process by which the governing authority of the	3131
school will be selected in the future;	3132

(2) The management and administration of the school;

3133

(3) If the community school is a currently existing public	3134
school or educational service center building, alternative	3135
arrangements for current public school students who choose not to	3136
attend the converted school and for teachers who choose not to	3137
teach in the school or building after conversion;	3138

(4) The instructional program and educational philosophy of	3139
the school;	3140

(5) Internal financial controls.

3141

(C) A contract entered into under section 3314.02 of the	3142
Revised Code between a sponsor and the governing authority of a	3143
community school may provide for the community school governing	3144
authority to make payments to the sponsor, which is hereby	3145
authorized to receive such payments as set forth in the contract	3146
between the governing authority and the sponsor. The total amount	3147
of such payments for oversight and monitoring of the school shall	3148
not exceed three per cent of the total amount of payments for	3149
operating expenses that the school receives from the state.	3150

(D) The contract shall specify the duties of the sponsor	3151
which shall be in accordance with the written agreement entered	3152
into with the department of education under division (B) of	3153
section 3314.015 of the Revised Code and shall include the	3154
following:	3155

(1) Monitor the community school's compliance with all laws	3156
applicable to the school and with the terms of the contract;	3157

(2) Monitor and evaluate the academic and fiscal performance	3158
and the organization and operation of the community school on at	3159
least an annual basis;	3160

(3) Report on an annual basis the results of the evaluation	3161
conducted under division (D)(2) of this section to the department	3162
of education and to the parents of students enrolled in the	3163
community school;	3164

(4) Provide technical assistance to the community school in	3165
complying with laws applicable to the school and terms of the	3166
contract;	3167

(5) Take steps to intervene in the school's operation to	3168
correct problems in the school's overall performance, declare the	3169
school to be on probationary status pursuant to section 3314.073	3170
of the Revised Code, suspend the operation of the school pursuant	3171
to section 3314.072 of the Revised Code, or terminate the contract	3172
of the school pursuant to section 3314.07 of the Revised Code as	3173
determined necessary by the sponsor;	3174

(6) Have in place a plan of action to be undertaken in the	3175
event the community school experiences financial difficulties or	3176
closes prior to the end of a school year.	3177

(E) Upon the expiration of a contract entered into under this	3178
section, the sponsor of a community school may, with the approval	3179
of the governing authority of the school, renew that contract for	3180
a period of time determined by the sponsor, but not ending earlier	3181
than the end of any school year, if the sponsor finds that the	3182
school's compliance with applicable laws and terms of the contract	3183
and the school's progress in meeting the academic goals prescribed	3184
in the contract have been satisfactory. Any contract that is	3185
renewed under this division remains subject to the provisions of	3186
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3187

(F) If a community school fails to open for operation within	3188
one year after the contract entered into under this section is	3189
adopted pursuant to division (D) of section 3314.02 of the Revised	3190
Code or permanently closes prior to the expiration of the	3191
contract, the contract shall be void and the school shall not	3192
enter into a contract with any other sponsor. A school shall not	3193
be considered permanently closed because the operations of the	3194
school have been suspended pursuant to section 3314.072 of the	3195
Revised Code.	3196

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	3197
not apply to any community school in which a majority of the	3198
students are enrolled in a dropout prevention and recovery program	3199
that is operated by the school and that has been granted a waiver	3200
by the department of education. Until June 30, 2014, the	3201
department shall grant a waiver to a dropout prevention and	3202
recovery program, within sixty days after the program applies for	3203
the waiver, if the program meets all of the following conditions:	3204

(1) The program serves only students not younger than sixteen	3205
years of age and not older than twenty-one years of age.	3206

(2) The program enrolls students who, at the time of their	3207
initial enrollment, either, or both, are at least one grade level	3208
behind their cohort age groups or experience crises that	3209
significantly interfere with their academic progress such that	3210
they are prevented from continuing their traditional programs.	3211

(3) The program requires students to attain at least the	3212
applicable score designated for each of the assessments prescribed	3213
under division (B)(1) of section 3301.0710 of the Revised Code ~~or,~~	3214
~~to the extent prescribed by rule of the state board of education~~	3215
~~under division (D)(6) of section 3301.0712 of the Revised Code,~~	3216
~~division (B)(2) of that section~~.	3217

(4) The program develops an individual career plan for the	3218
student that specifies the student's matriculating to a two-year	3219
degree program, acquiring a business and industry credential, or	3220
entering an apprenticeship.	3221

(5) The program provides counseling and support for the	3222
student related to the plan developed under division (A)(4) of	3223
this section during the remainder of the student's high school	3224
experience.	3225

(6) Prior to receiving the waiver, the program has submitted	3226
to the department an instructional plan that demonstrates how the	3227
academic content standards adopted by the state board of education	3228
under section 3301.079 of the Revised Code will be taught and	3229
assessed.	3230

If the department does not act either to grant the waiver or	3231
to reject the program application for the waiver within sixty days	3232
as required under this section, the waiver shall be considered to	3233
be granted.	3234

(B) Notwithstanding division (A) of this section, the	3235
department shall not grant a waiver to any community school that	3236
did not qualify for a waiver under this section when it initially	3237
began operations, unless the state board of education approves the	3238
waiver.	3239

(C) Beginning on July 1, 2014, all community schools in which	3240
a majority of the students are enrolled in a dropout prevention	3241
and recovery program are subject to the provisions of section	3242
3314.351 of the Revised Code, regardless of whether a waiver has	3243
been granted under this section. Thereafter, no waivers shall be	3244
granted under this section.	3245

Sec. 3325.08. (A) A diploma shall be granted by the	3246
superintendent of the state school for the blind and the	3247
superintendent of the state school for the deaf to any student	3248
enrolled in one of these state schools to whom all of the	3249
following apply:	3250

(1) The student has successfully completed the individualized	3251
education program developed for the student for the student's high	3252
school education pursuant to section 3323.08 of the Revised Code;	3253

(2) Subject to section 3313.614 of the Revised Code, the	3254
student has met the assessment requirements of division (A)(2)(a)	3255
or (b) of this section, as applicable.	3256

(a) If the student entered the ninth grade prior to ~~the date~~	3257
~~prescribed by rule of the state board of education under division~~	3258
~~(D)(2) of section 3301.0712 of the Revised Code~~July 1, 2015, the	3259
student either:	3260

(i) Has attained at least the applicable scores designated	3261
under division (B)(1) of section 3301.0710 of the Revised Code on	3262
all the assessments prescribed by that division unless division	3263
~~(L)~~(M) of section 3313.61 of the Revised Code applies to the	3264
student;	3265

(ii) Has satisfied the alternative conditions prescribed in	3266
section 3313.615 of the Revised Code.	3267

(b) If the student entered the ninth grade on or after ~~the~~	3268
~~date prescribed by rule of the state board under division (D)(2)~~	3269
~~of section 3301.0712 of the Revised Code~~July 1, 2015, the student	3270
has met the ~~requirements of the entire assessment system~~	3271
requirement prescribed ~~under division (B)(2) of~~by section	3272
~~3301.0710~~3313.618 of the Revised Code, except to the extent that	3273
division ~~(L)~~(M) of section 3313.61 of the Revised Code applies to	3274
the student.	3275

(3) The student is not eligible to receive an honors diploma	3276
granted pursuant to division (B) of this section.	3277

No diploma shall be granted under this division to anyone	3278
except as provided under this division.	3279

(B) In lieu of a diploma granted under division (A) of this	3280
section, the superintendent of the state school for the blind and	3281
the superintendent of the state school for the deaf shall grant an	3282
honors diploma, in the same manner that the boards of education of	3283
school districts grant such diplomas under division (B) of section	3284
3313.61 of the Revised Code, to any student enrolled in one of	3285
these state schools who accomplishes all of the following:	3286

(1) Successfully completes the individualized education	3287
program developed for the student for the student's high school	3288
education pursuant to section 3323.08 of the Revised Code;	3289

(2) Subject to section 3313.614 of the Revised Code, has met	3290
the assessment requirements of division (B)(2)(a) or (b) of this	3291
section, as applicable.	3292

(a) If the student entered the ninth grade prior to ~~the date~~	3293
~~prescribed by rule of the state board under division (D)(2) of~~	3294
~~section 3301.0712 of the Revised Code~~July 1, 2015, the student	3295
either:	3296

(i) Has attained at least the applicable scores designated	3297
under division (B)(1) of section 3301.0710 of the Revised Code on	3298
all the assessments prescribed under that division;	3299

(ii) Has satisfied the alternative conditions prescribed in	3300
section 3313.615 of the Revised Code.	3301

(b) If the student entered the ninth grade on or after ~~the~~	3302
~~date prescribed by rule of the state board under division (D)(2)~~	3303
~~of section 3301.0712 of the Revised Code~~July 1, 2015, the student	3304
has met the ~~requirements of the entire assessment system~~	3305
requirement prescribed ~~under division (B)(2) of~~by section	3306
~~3301.0710~~3313.618 of the Revised Code.	3307

(3) Has met additional criteria for granting an honors	3308
diploma.	3309

These additional criteria shall be the same as those	3310
prescribed by the state board under division (B) of section	3311
3313.61 of the Revised Code for the granting of such diplomas by	3312
school districts. No honors diploma shall be granted to anyone	3313
failing to comply with this division and not more than one honors	3314
diploma shall be granted to any student under this division.	3315

(C) A diploma or honors diploma awarded under this section	3316
shall be signed by the superintendent of public instruction and	3317
the superintendent of the state school for the blind or the	3318
superintendent of the state school for the deaf, as applicable.	3319
Each diploma shall bear the date of its issue and be in such form	3320
as the school superintendent prescribes.	3321

(D) Upon granting a diploma to a student under this section,	3322
the superintendent of the state school in which the student is	3323
enrolled shall provide notice of receipt of the diploma to the	3324
board of education of the school district where the student is	3325
entitled to attend school under section 3313.64 or 3313.65 of the	3326
Revised Code when not residing at the state school for the blind	3327
or the state school for the deaf. The notice shall indicate the	3328
type of diploma granted.	3329

Sec. 3326.11. Each science, technology, engineering, and	3330
mathematics school established under this chapter and its	3331
governing body shall comply with sections 9.90, 9.91, 109.65,	3332
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	3333
3301.0714, 3301.0715, 3301.946, 3313.14, 3313.15, 3313.16,	3334
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	3335
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013,	3336
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,	3337
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	3338
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	3339
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	3340
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073,	3341
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41,	3342
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	3343
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	3344
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	3345
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	3346
school district.	3347

Sec. 3328.24. A college-preparatory boarding school	3348
established under this chapter and its board of trustees shall	3349
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	3350
3301.0714, 3301.946, 3313.6411, 3319.39, and 3319.391 of the	3351
Revised Code as if the school were a school district and the	3352
school's board of trustees were a district board of education.	3353

Sec. 3328.25. (A) The board of trustees of a	3354
college-preparatory boarding school established under this chapter	3355
shall grant a diploma to any student enrolled in the school to	3356
whom all of the following apply:	3357

(1) The student has successfully completed the school's high	3358
school curriculum or the IEP developed for the student by the	3359
school pursuant to section 3323.08 of the Revised Code or has	3360
qualified under division (D) or (F) of section 3313.603 of the	3361
Revised Code, provided that the school shall not require a student	3362
to remain in school for any specific number of semesters or other	3363
terms if the student completes the required curriculum early.	3364

(2) Subject to section 3313.614 of the Revised Code, the	3365
student has met the assessment requirements of division (A)(2)(a)	3366
or (b) of this section, as applicable.	3367

(a) If the student entered ninth grade prior to ~~the date~~	3368
~~prescribed by rule of the state board of education under division~~	3369
~~(D)(2) of section 3301.0712 of the Revised Code~~July 1, 2015, the	3370
student either:	3371

(i) Has attained at least the applicable scores designated	3372
under division (B)(1) of section 3301.0710 of the Revised Code on	3373
all the assessments prescribed by that division unless division	3374
~~(L)~~(M) of section 3313.61 of the Revised Code applies to the	3375
student;	3376

(ii) Has satisfied the alternative conditions prescribed in	3377
section 3313.615 of the Revised Code.	3378

(b) If the person entered ninth grade on or after ~~the date~~	3379
~~prescribed by rule of the state board under division (D)(2) of~~	3380
~~section 3301.0712 of the Revised Code~~July 1, 2015, the student	3381
has met the ~~requirements of the entire assessment system~~	3382
requirement prescribed ~~under division (B)(2) of~~by section	3383
~~3301.0710~~3313.618 of the Revised Code, except to the extent that	3384
the student is excused from some portion of that ~~assessment system~~	3385
section pursuant to division ~~(L)~~(M) of section 3313.61 of the	3386
Revised Code.	3387

(3) The student is not eligible to receive an honors diploma	3388
granted under division (B) of this section.	3389

No diploma shall be granted under this division to anyone	3390
except as provided in this division.	3391

(B) In lieu of a diploma granted under division (A) of this	3392
section, the board of trustees shall grant an honors diploma, in	3393
the same manner that boards of education of school districts grant	3394
honors diplomas under division (B) of section 3313.61 of the	3395
Revised Code, to any student enrolled in the school who	3396
accomplishes all of the following:	3397

(1) Successfully completes the school's high school	3398
curriculum or the IEP developed for the student by the school	3399
pursuant to section 3323.08 of the Revised Code;	3400

(2) Subject to section 3313.614 of the Revised Code, has met	3401
the assessment requirements of division (B)(2)(a) or (b) of this	3402
section, as applicable.	3403

(a) If the student entered ninth grade prior to ~~the date~~	3404
~~prescribed by rule of the state board under division (D)(2) of~~	3405
~~section 3301.0712 of the Revised Code~~July 1, 2015, the student	3406
either:	3407

(i) Has attained at least the applicable scores designated	3408
under division (B)(1) of section 3301.0710 of the Revised Code on	3409
all the assessments prescribed under that division;	3410

(ii) Has satisfied the alternative conditions prescribed in	3411
section 3313.615 of the Revised Code.	3412

(b) If the person entered ninth grade on or after ~~the date~~	3413
~~prescribed by rule of the state board under division (D)(2) of~~	3414
~~section 3301.0712 of the Revised Code~~July 1, 2015, the student	3415
has met the ~~requirements of the entire assessment system~~	3416
requirement prescribed ~~under division (B)(2) of~~by section	3417
~~3301.0710~~ 3313.618 of the Revised Code.	3418

(3) Has met the additional criteria for granting an honors	3419
diploma prescribed by the state board under division (B) of	3420
section 3313.61 of the Revised Code for the granting of honors	3421
diplomas by school districts.	3422

An honors diploma shall not be granted to a student who is	3423
subject to the Ohio core curriculum prescribed in division (C) of	3424
section 3313.603 of the Revised Code but elects the option of	3425
division (D) or (F) of that section. No honors diploma shall be	3426
granted to anyone failing to comply with this division, and not	3427
more than one honors diploma shall be granted to any student under	3428
this division.	3429

(C) A diploma or honors diploma awarded under this section	3430
shall be signed by the presiding officer of the board of trustees.	3431
Each diploma shall bear the date of its issue and be in such form	3432
as the board of trustees prescribes.	3433

(D) Upon granting a diploma to a student under this section,	3434
the presiding officer of the board of trustees shall provide	3435
notice of receipt of the diploma to the board of education of the	3436
city, exempted village, or local school district where the student	3437
is entitled to attend school when not residing at the	3438
college-preparatory boarding school. The notice shall indicate the	3439
type of diploma granted.	3440

Sec. 3329.07. The board of education of each city, exempted	3441
village, and local school district, in compliance with section	3442
3329.081 of the Revised Code, shall cause it to be ascertained and	3443
at a regular meeting determine which, and the number of each of	3444
the textbooks or electronic textbooks the schools under its charge	3445
require. The treasurer at once shall order the textbooks or	3446
electronic textbooks agreed upon from the publisher, who on the	3447
receipt of such order must ship the textbooks or electronic	3448
textbooks to the treasurer without delay. The treasurer forthwith	3449
shall examine the textbooks or electronic textbooks, and, if found	3450
right and in accordance with the order, remit the amount to the	3451
publisher. The board must pay for the textbooks or electronic	3452
textbooks so purchased and in addition all charges for the	3453
transportation of the textbooks or electronic textbooks out of the	3454
general fund of said district or out of such other funds as it may	3455
have available for such purchase of textbooks or electronic	3456
textbooks. If such board at any time can secure from the	3457
publishers textbooks or electronic textbooks at less than such	3458
maximum price, they shall do so, and without unnecessary delay may	3459
make effort to secure such lower price before adopting any	3460
particular textbooks or electronic textbooks.	3461

Sec. 3329.08. At any regular meeting, the board of education	3462
of each local, city, and exempted village school district shall	3463
determine by a majority vote of all members elected or appointed	3464
under division (B) or (F) of section 3311.71 of the Revised Code,	3465
and in compliance with section 3329.081 of the Revised Code, which	3466
of such textbooks or electronic textbooks so filed shall be used	3467
in the schools under its control.	3468

Sec. 3329.081. The board of education of each local, city,	3469
and exempted village school district shall establish a process for	3470
selecting and adopting textbooks, electronic textbooks, and	3471
instructional materials in consultation with teachers, parents,	3472
and citizens of the school district.	3473

Sec. 3329.082. On or before June 30, 2014, the department of	3474
education shall establish a model process for use by a school	3475
district board of education selecting and adopting textbooks,	3476
electronic textbooks, and instructional materials pursuant to	3477
sections 3329.07 and 3329.08 of the Revised Code.	3478

Sec. 3333.123. (A) As used in this section:

3479

(1) "The Ohio college opportunity grant program" means the	3480
program established under section 3333.122 of the Revised Code.	3481

(2) "Rules for the Ohio college opportunity grant program"	3482
means the rules authorized in division (R) of section 3333.04 of	3483
the Revised Code for the implementation of the program.	3484

(B) In adopting rules for the Ohio college opportunity grant	3485
program, the chancellor of the Ohio board of regents may include	3486
provisions that give preferential or priority funding to	3487
low-income students who in their primary and secondary school work	3488
participate in or complete rigorous academic coursework, attain	3489
passing scores on the assessments prescribed in section 3301.0710	3490
or 3301.0712 of the Revised Code, or meet other high academic	3491
performance standards determined by the chancellor to reduce the	3492
need for remediation and ensure academic success at the	3493
postsecondary education level. Any such rules shall include a	3494
specification of procedures needed to certify student achievement	3495
of primary and secondary standards as well as the timeline for	3496
implementation of the provisions authorized by this section.	3497

Section 2. That existing sections 3301.079, 3301.0710,	3498
3301.0711, 3301.0712, 3301.16, 3302.02, 3302.03, 3302.031,	3499
3310.14, 3310.522, 3313.532, 3313.603, 3313.61, 3313.611,	3500
3313.612, 3313.614, 3313.615, 3313.976, 3314.017, 3314.03,	3501
3314.36, 3325.08, 3326.11, 3328.24, 3328.25, 3329.07, 3329.08, and	3502
3333.123 of the Revised Code are hereby repealed.	3503

Section 3. Not later than thirty days after the effective	3504
date of this section, the Department of Education shall develop	3505
and publish an estimated college- and career-ready score for each	3506
of the sections of the Ohio Graduation Test prescribed by division	3507
(B)(1) of section 3301.0710 of the Revised Code. The scores shall	3508
be published on all district, school, teacher, and student score	3509
reports generated by the Department.	3510

Section 4. Notwithstanding anything in the Revised Code to	3511
the contrary, the board of education of a school district, the	3512
governing authority of a community school established under	3513
Chapter 3314. of the Revised Code, or the governing body of a STEM	3514
school established under Chapter 3326. of the Revised Code that	3515
has entered into a collective bargaining agreement with its	3516
teachers under Chapter 4117. of the Revised Code may enter into a	3517
separate memorandum of understanding with the exclusive	3518
representative of its teachers stipulating that the value-added	3519
progress dimension rating issued for the 2014-2015 school year to	3520
assess student academic growth for purposes of teacher evaluations	3521
under sections 3311.80, 3319.111, and 3319.112 of the Revised Code	3522
will not be used when making decisions regarding the dismissal,	3523
retention, tenure, or compensation of the district's or school's	3524
teachers. If such a memorandum of understanding is entered into,	3525
the district or school shall use a different measure of student	3526
progress, approved by the Department of Education, for such	3527
purposes.	3528

As used in this section, "value-added progress dimension"	3529
means the value-added progress dimension prescribed by 3302.021 of	3530
the Revised Code or an alternative student academic progress	3531
measure if adopted under division (C)(1)(e) of section 3303.03 of	3532
the Revised Code.	3533

Section 5. Except for purposes of the comparison study	3534
prescribed by Section 7 of this act, prior to July 1, 2015,	3535
neither the Department of Education nor the State Board of	3536
Education shall implement or require the online administration of	3537
any assessments prescribed by sections 3301.0710 and 3301.0712 of	3538
the Revised Code.	3539

Section 6. The Department of Education shall conduct a	3540
comprehensive survey of the capacity and readiness of each school	3541
district for online administration of the assessments prescribed	3542
by sections 3301.0710 and 3301.0712 of the Revised Code based on	3543
recommended specifications for such administration of the	3544
assessments. The survey conducted under this section shall include	3545
information regarding hardware, software, bandwidth, technical	3546
support, security requirements, training for teachers regarding	3547
the administration of assessments, and training for students	3548
regarding taking the assessments.	3549

Not later than ninety days after the effective date of this	3550
section, the Department shall compile and present to the Governor,	3551
the chairpersons and ranking members of the education committees	3552
of the Senate and House of Representatives, and the State Board of	3553
Education the results of the survey conducted under this section	3554
and a detailed implementation plan to address any issues or	3555
problems identified in the survey.	3556

Section 7. (A) For the 2013-2014 school year only, the	3557
Department of Education shall select and administer, for	3558
comparison purposes, assessments to students in school districts	3559
and schools of the same sample size and profile as follows:	3560

(1) Summative assessments for each of grades three through	3561
eight in English language arts and mathematics, which are	3562
vertically articulated, include multiple types of questions, may	3563
be administered online or in a paper format, are aligned to	3564
college-readiness benchmarks, are not offered by a multi-state	3565
consortium, and are offered by a nonprofit organization that	3566
offers an assessment used for the purpose of college admission;	3567

(2) Field-testing of summative assessments for each of grades	3568
three through eight in English language arts and mathematics	3569
offered by a multi-state consortium other than the type of	3570
organization described in division (A)(1) of this section.	3571

(B) Not later than October 31, 2014, the Department shall	3572
submit a report to the Governor, the chairpersons and ranking	3573
members of the education committees of the Senate and House of	3574
Representatives, and the State Board of Education of the results	3575
of the assessments prescribed by divisions (A)(1) and (2) of this	3576
section and a comparison of those assessments and the assessments	3577
prescribed by division (A) of section 3301.0710 of the Revised	3578
Code. The comparison of assessments shall be based on ease of	3579
administration, content, format, overall quality, performance	3580
benchmarks, and cost. The Department shall consult with teachers	3581
and administrators in making its comparison of assessments.	3582

(C) Not later than November 30, 2014, the Department shall	3583
recommend to the State Board the assessments in English language	3584
arts and mathematics for each of grades three through eight to be	3585
prescribed by the State Board under division (A) of section	3586
3301.0710 of the Revised Code. In recommending assessments for the	3587
spring administration of the 2014-2015 school year, the Department	3588
shall select from the assessments currently prescribed by division	3589
(A) of section 3301.0710 of the Revised Code and the assessments	3590
prescribed by divisions (A)(1) and (2) of this section. Not later	3591
than December 31, 2014, the State Board shall review the	3592
recommendations and approve one or more assessments in English	3593
language arts and mathematics for administration to students in	3594
grades three through eight in accordance with sections 3301.0710	3595
and 3301.0711 of the Revised Code.	3596

Section 8. That the version of section 3326.11 of the	3597
Revised Code that is scheduled to take effect on July 1, 2014, be	3598
amended to read as follows:	3599

Sec. 3326.11. Each science, technology, engineering, and	3600
mathematics school established under this chapter and its	3601
governing body shall comply with sections 9.90, 9.91, 109.65,	3602
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	3603
3301.0714, 3301.0715, 3301.946, 3313.14, 3313.15, 3313.16,	3604
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	3605
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013,	3606
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,	3607
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	3608
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	3609
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	3610
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,	3611
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	3612
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	3613
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	3614
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	3615
4123., 4141., and 4167. of the Revised Code as if it were a school	3616
district.	3617

Section 9. That the existing version of section 3326.11 of	3618
the Revised Code that is scheduled to take effect on July 1, 2014,	3619
is hereby repealed.	3620

Section 10. Sections 8 and 9 of this act shall take effect	3621
on July 1, 2014.	3622