As Reported by the Senate Education Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 362


Representatives Scherer, Derickson 

Cosponsors: Representatives Anielski, Blessing, Butler, Roegner, Young, Bishoff, Baker, Beck, Buchy, Burkley, Conditt, Green, Grossman, Hackett, Hall, Maag, Romanchuk, Stebelton, Terhar, Wachtmann Speaker Batchelder 

Senators Gardner, Coley, Manning, Lehner 



A BILL
To amend sections 3301.162, 3314.03, 3319.111, 1
3319.112, 3326.02, 3326.03, 3326.04, and 3326.09 2
and to enact sections 3319.114 and 3326.032 of the 3
Revised Code to authorize the STEM Committee to 4
grant a designation of STEM school equivalent to a 5
community school or chartered nonpublic school, to 6
make other revisions to the law regarding STEM 7
schools, and to make changes to the law regarding 8
educator performance evaluations.9


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

       Section 1.  That sections 3301.162, 3314.03, 3319.111, 10
3319.112, 3326.02, 3326.03, 3326.04, and 3326.09 be amended and 11
sections 3319.114 and 3326.032 of the Revised Code be enacted to 12
read as follows:13

       Sec. 3301.162. (A) If the governing authority of a chartered 14
nonpublic school intends to close the school, the governing 15
authority shall notify all of the following of that intent prior 16
to closing the school:17

       (1) The department of education;18

        (2) The school district that receives auxiliary services 19
funding under division (E) of section 3317.024 of the Revised Code 20
on behalf of the students enrolled in the school;21

        (3) The accrediting association that most recently accredited 22
the school for purposes of chartering the school in accordance 23
with the rules of the state board of education, if applicable;24

       (4) If the school has been designated as a STEM school 25
equivalent under section 3326.032 of the Revised Code, the STEM 26
committee established under section 3326.02 of the Revised Code.27

        The notice shall include the school year and, if possible, 28
the actual date the school will close.29

        (B) The chief administrator of each chartered nonpublic 30
school that closes shall deposit the school's records with either:31

       (1) The accrediting association that most recently accredited 32
the school for purposes of chartering the school in accordance 33
with the rules of the state board, if applicable;34

       (2) The school district that received auxiliary services 35
funding under division (E) of section 3317.024 of the Revised Code 36
on behalf of the students enrolled in the school.37

       The school district that receives the records may charge for 38
and receive a one-time reimbursement from auxiliary services 39
funding under division (E) of section 3317.024 of the Revised Code 40
for costs the district incurred to store the records.41

       Sec. 3314.03.  A copy of every contract entered into under 42
this section shall be filed with the superintendent of public 43
instruction. The department of education shall make available on 44
its web site a copy of every approved, executed contract filed 45
with the superintendent under this section.46

       (A) Each contract entered into between a sponsor and the 47
governing authority of a community school shall specify the 48
following:49

       (1) That the school shall be established as either of the 50
following:51

       (a) A nonprofit corporation established under Chapter 1702. 52
of the Revised Code, if established prior to April 8, 2003;53

       (b) A public benefit corporation established under Chapter 54
1702. of the Revised Code, if established after April 8, 2003.55

       (2) The education program of the school, including the 56
school's mission, the characteristics of the students the school 57
is expected to attract, the ages and grades of students, and the 58
focus of the curriculum;59

       (3) The academic goals to be achieved and the method of 60
measurement that will be used to determine progress toward those 61
goals, which shall include the statewide achievement assessments;62

       (4) Performance standards by which the success of the school 63
will be evaluated by the sponsor;64

       (5) The admission standards of section 3314.06 of the Revised 65
Code and, if applicable, section 3314.061 of the Revised Code;66

       (6)(a) Dismissal procedures;67

       (b) A requirement that the governing authority adopt an 68
attendance policy that includes a procedure for automatically 69
withdrawing a student from the school if the student without a 70
legitimate excuse fails to participate in one hundred five 71
consecutive hours of the learning opportunities offered to the 72
student.73

       (7) The ways by which the school will achieve racial and 74
ethnic balance reflective of the community it serves;75

       (8) Requirements for financial audits by the auditor of 76
state. The contract shall require financial records of the school 77
to be maintained in the same manner as are financial records of 78
school districts, pursuant to rules of the auditor of state. 79
Audits shall be conducted in accordance with section 117.10 of the 80
Revised Code.81

       (9) The facilities to be used and their locations;82

       (10) Qualifications of teachers, including a requirement that 83
the school's classroom teachers be licensed in accordance with 84
sections 3319.22 to 3319.31 of the Revised Code, except that a 85
community school may engage noncertificated persons to teach up to 86
twelve hours per week pursuant to section 3319.301 of the Revised 87
Code.88

       (11) That the school will comply with the following 89
requirements:90

       (a) The school will provide learning opportunities to a 91
minimum of twenty-five students for a minimum of nine hundred 92
twenty hours per school year.93

       (b) The governing authority will purchase liability 94
insurance, or otherwise provide for the potential liability of the 95
school.96

       (c) The school will be nonsectarian in its programs, 97
admission policies, employment practices, and all other 98
operations, and will not be operated by a sectarian school or 99
religious institution.100

       (d) The school will comply with sections 9.90, 9.91, 109.65, 101
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 102
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, 103
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 104
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 105
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 106
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 107
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 108
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 109
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 110
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 111
4123., 4141., and 4167. of the Revised Code as if it were a school 112
district and will comply with section 3301.0714 of the Revised 113
Code in the manner specified in section 3314.17 of the Revised 114
Code.115

       (e) The school shall comply with Chapter 102. and section 116
2921.42 of the Revised Code.117

       (f) The school will comply with sections 3313.61, 3313.611, 118
and 3313.614 of the Revised Code, except that for students who 119
enter ninth grade for the first time before July 1, 2010, the 120
requirement in sections 3313.61 and 3313.611 of the Revised Code 121
that a person must successfully complete the curriculum in any 122
high school prior to receiving a high school diploma may be met by 123
completing the curriculum adopted by the governing authority of 124
the community school rather than the curriculum specified in Title 125
XXXIII of the Revised Code or any rules of the state board of 126
education. Beginning with students who enter ninth grade for the 127
first time on or after July 1, 2010, the requirement in sections 128
3313.61 and 3313.611 of the Revised Code that a person must 129
successfully complete the curriculum of a high school prior to 130
receiving a high school diploma shall be met by completing the 131
Ohio core curriculum prescribed in division (C) of section 132
3313.603 of the Revised Code, unless the person qualifies under 133
division (D) or (F) of that section. Each school shall comply with 134
the plan for awarding high school credit based on demonstration of 135
subject area competency, adopted by the state board of education 136
under division (J) of section 3313.603 of the Revised Code.137

       (g) The school governing authority will submit within four 138
months after the end of each school year a report of its 139
activities and progress in meeting the goals and standards of 140
divisions (A)(3) and (4) of this section and its financial status 141
to the sponsor and the parents of all students enrolled in the 142
school.143

       (h) The school, unless it is an internet- or computer-based 144
community school, will comply with section 3313.801 of the Revised 145
Code as if it were a school district.146

       (i) If the school is the recipient of moneys from a grant 147
awarded under the federal race to the top program, Division (A), 148
Title XIV, Sections 14005 and 14006 of the "American Recovery and 149
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 150
school will pay teachers based upon performance in accordance with 151
section 3317.141 and will comply with section 3319.111 of the 152
Revised Code as if it were a school district.153

       (12) Arrangements for providing health and other benefits to 154
employees;155

       (13) The length of the contract, which shall begin at the 156
beginning of an academic year. No contract shall exceed five years 157
unless such contract has been renewed pursuant to division (E) of 158
this section.159

       (14) The governing authority of the school, which shall be 160
responsible for carrying out the provisions of the contract;161

       (15) A financial plan detailing an estimated school budget 162
for each year of the period of the contract and specifying the 163
total estimated per pupil expenditure amount for each such year. 164

       (16) Requirements and procedures regarding the disposition of 165
employees of the school in the event the contract is terminated or 166
not renewed pursuant to section 3314.07 of the Revised Code;167

       (17) Whether the school is to be created by converting all or 168
part of an existing public school or educational service center 169
building or is to be a new start-up school, and if it is a 170
converted public school or service center building, specification 171
of any duties or responsibilities of an employer that the board of 172
education or service center governing board that operated the 173
school or building before conversion is delegating to the 174
governing authority of the community school with respect to all or 175
any specified group of employees provided the delegation is not 176
prohibited by a collective bargaining agreement applicable to such 177
employees;178

       (18) Provisions establishing procedures for resolving 179
disputes or differences of opinion between the sponsor and the 180
governing authority of the community school;181

       (19) A provision requiring the governing authority to adopt a 182
policy regarding the admission of students who reside outside the 183
district in which the school is located. That policy shall comply 184
with the admissions procedures specified in sections 3314.06 and 185
3314.061 of the Revised Code and, at the sole discretion of the 186
authority, shall do one of the following:187

       (a) Prohibit the enrollment of students who reside outside 188
the district in which the school is located;189

       (b) Permit the enrollment of students who reside in districts 190
adjacent to the district in which the school is located;191

       (c) Permit the enrollment of students who reside in any other 192
district in the state.193

       (20) A provision recognizing the authority of the department 194
of education to take over the sponsorship of the school in 195
accordance with the provisions of division (C) of section 3314.015 196
of the Revised Code;197

       (21) A provision recognizing the sponsor's authority to 198
assume the operation of a school under the conditions specified in 199
division (B) of section 3314.073 of the Revised Code;200

        (22) A provision recognizing both of the following:201

       (a) The authority of public health and safety officials to 202
inspect the facilities of the school and to order the facilities 203
closed if those officials find that the facilities are not in 204
compliance with health and safety laws and regulations;205

       (b) The authority of the department of education as the 206
community school oversight body to suspend the operation of the 207
school under section 3314.072 of the Revised Code if the 208
department has evidence of conditions or violations of law at the 209
school that pose an imminent danger to the health and safety of 210
the school's students and employees and the sponsor refuses to 211
take such action.212

        (23) A description of the learning opportunities that will be 213
offered to students including both classroom-based and 214
non-classroom-based learning opportunities that is in compliance 215
with criteria for student participation established by the 216
department under division (H)(2) of section 3314.08 of the Revised 217
Code;218

       (24) The school will comply with sections 3302.04 and 219
3302.041 of the Revised Code, except that any action required to 220
be taken by a school district pursuant to those sections shall be 221
taken by the sponsor of the school. However, the sponsor shall not 222
be required to take any action described in division (F) of 223
section 3302.04 of the Revised Code.224

       (25) Beginning in the 2006-2007 school year, the school will 225
open for operation not later than the thirtieth day of September 226
each school year, unless the mission of the school as specified 227
under division (A)(2) of this section is solely to serve dropouts. 228
In its initial year of operation, if the school fails to open by 229
the thirtieth day of September, or within one year after the 230
adoption of the contract pursuant to division (D) of section 231
3314.02 of the Revised Code if the mission of the school is solely 232
to serve dropouts, the contract shall be void.233

       (26) Whether the school's governing authority is planning to 234
seek designation for the school as a STEM school equivalent under 235
section 3326.032 of the Revised Code.236

       (B) The community school shall also submit to the sponsor a 237
comprehensive plan for the school. The plan shall specify the 238
following:239

       (1) The process by which the governing authority of the 240
school will be selected in the future;241

       (2) The management and administration of the school;242

       (3) If the community school is a currently existing public 243
school or educational service center building, alternative 244
arrangements for current public school students who choose not to 245
attend the converted school and for teachers who choose not to 246
teach in the school or building after conversion;247

       (4) The instructional program and educational philosophy of 248
the school;249

       (5) Internal financial controls.250

       (C) A contract entered into under section 3314.02 of the 251
Revised Code between a sponsor and the governing authority of a 252
community school may provide for the community school governing 253
authority to make payments to the sponsor, which is hereby 254
authorized to receive such payments as set forth in the contract 255
between the governing authority and the sponsor. The total amount 256
of such payments for oversight and monitoring of the school shall 257
not exceed three per cent of the total amount of payments for 258
operating expenses that the school receives from the state.259

       (D) The contract shall specify the duties of the sponsor 260
which shall be in accordance with the written agreement entered 261
into with the department of education under division (B) of 262
section 3314.015 of the Revised Code and shall include the 263
following:264

        (1) Monitor the community school's compliance with all laws 265
applicable to the school and with the terms of the contract;266

        (2) Monitor and evaluate the academic and fiscal performance 267
and the organization and operation of the community school on at 268
least an annual basis;269

        (3) Report on an annual basis the results of the evaluation 270
conducted under division (D)(2) of this section to the department 271
of education and to the parents of students enrolled in the 272
community school;273

        (4) Provide technical assistance to the community school in 274
complying with laws applicable to the school and terms of the 275
contract;276

        (5) Take steps to intervene in the school's operation to 277
correct problems in the school's overall performance, declare the 278
school to be on probationary status pursuant to section 3314.073 279
of the Revised Code, suspend the operation of the school pursuant 280
to section 3314.072 of the Revised Code, or terminate the contract 281
of the school pursuant to section 3314.07 of the Revised Code as 282
determined necessary by the sponsor;283

        (6) Have in place a plan of action to be undertaken in the 284
event the community school experiences financial difficulties or 285
closes prior to the end of a school year.286

        (E) Upon the expiration of a contract entered into under this 287
section, the sponsor of a community school may, with the approval 288
of the governing authority of the school, renew that contract for 289
a period of time determined by the sponsor, but not ending earlier 290
than the end of any school year, if the sponsor finds that the 291
school's compliance with applicable laws and terms of the contract 292
and the school's progress in meeting the academic goals prescribed 293
in the contract have been satisfactory. Any contract that is 294
renewed under this division remains subject to the provisions of 295
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.296

       (F) If a community school fails to open for operation within 297
one year after the contract entered into under this section is 298
adopted pursuant to division (D) of section 3314.02 of the Revised 299
Code or permanently closes prior to the expiration of the 300
contract, the contract shall be void and the school shall not 301
enter into a contract with any other sponsor. A school shall not 302
be considered permanently closed because the operations of the 303
school have been suspended pursuant to section 3314.072 of the 304
Revised Code. 305

       Sec. 3319.111. Notwithstanding section 3319.09 of the Revised 306
Code, this section applies to any person who is employed under a 307
teacher license issued under this chapter, or under a professional 308
or permanent teacher's certificate issued under former section 309
3319.222 of the Revised Code, and who spends at least fifty per 310
cent of the time employed providing student instruction. However, 311
this section does not apply to any person who is employed as a 312
substitute teacher or as an instructor of adult education.313

       (A) Not later than July 1, 2013, the board of education of 314
each school district, in consultation with teachers employed by 315
the board, shall adopt a standards-based teacher evaluation policy 316
that conforms with the framework for evaluation of teachers 317
developed under section 3319.112 of the Revised Code. The policy 318
shall become operative at the expiration of any collective 319
bargaining agreement covering teachers employed by the board that 320
is in effect on September 29, 2011, and shall be included in any 321
renewal or extension of such an agreement.322

       (B) When using measures of student academic growth as a 323
component of a teacher's evaluation, those measures shall include 324
the value-added progress dimension prescribed by section 3302.021 325
of the Revised Code or an alternative student academic progress 326
measure if adopted under division (C)(1)(e) of section 3302.03 of 327
the Revised Code. For teachers of grade levels and subjects for 328
which the value-added progress dimension or alternative student 329
academic progress measure is not applicable, the board shall 330
administer assessments on the list developed under division (B)(2) 331
of section 3319.112 of the Revised Code.332

       (C)(1) The board shall conduct an evaluation of each teacher 333
employed by the board at least once each school year, except as 334
provided in division (C)(2) of this section. The evaluation shall 335
be completed by the first day of May and the teacher shall receive 336
a written report of the results of the evaluation by the tenth day 337
of May.338

       (2)(a) The board may elect, by adoption of a resolution, to339
evaluate each teacher who received a rating of accomplished on the 340
teacher's most recent evaluation conducted under this section once 341
every twothree school years, so long as the teacher's student 342
academic growth measure, for the most recent school year for which 343
data is available, is average or higher, as determined by the 344
department of education. In that case, the biennial evaluation345

       (b) The board may evaluate each teacher who received a rating 346
of skilled on the teacher's most recent evaluation conducted under 347
this section once every two years, so long as the teacher's 348
student academic growth measure, for the most recent school year 349
for which data is available, is average or higher, as determined 350
by the department of education.351

       (c) For each teacher who is evaluated pursuant to division 352
(C)(2) of this section, the evaluation shall be completed by the 353
first day of May of the applicable school year, and the teacher 354
shall receive a written report of the results of the evaluation by 355
the tenth day of May of that school year.356

       (d) Beginning with the 2014-2015 school year, the board may 357
elect not to conduct an evaluation of a teacher who meets one of 358
the following requirements:359

       (i) The teacher was on leave from the school district for 360
fifty per cent or more of the school year, as calculated by the 361
board.362

       (ii) The teacher has submitted notice of retirement and that 363
notice has been accepted by the board not later than the first day 364
of December of the school year in which the evaluation is 365
otherwise scheduled to be conducted.366

       (3) In any year that a teacher is not formally evaluated 367
pursuant to division (C) of this section as a result of receiving 368
a rating of accomplished or skilled on the teacher's most recent 369
evaluation, an individual qualified to evaluate a teacher under 370
division (D) of this section shall conduct at least one 371
observation of the teacher and hold at least one conference with 372
the teacher.373

        (D) Each evaluation conducted pursuant to this section shall 374
be conducted by one or more of the following persons who hold a 375
credential established by the department of education for being an 376
evaluator:377

       (1) A person who is under contract with the board pursuant to 378
section 3319.01 or 3319.02 of the Revised Code and holds a license 379
designated for being a superintendent, assistant superintendent, 380
or principal issued under section 3319.22 of the Revised Code;381

       (2) A person who is under contract with the board pursuant to 382
section 3319.02 of the Revised Code and holds a license designated 383
for being a vocational director, administrative specialist, or 384
supervisor in any educational area issued under section 3319.22 of 385
the Revised Code;386

       (3) A person designated to conduct evaluations under an 387
agreement entered into by the board, including an agreement 388
providing for peer review entered into by the board and 389
representatives of teachers employed by the board;390

       (4) A person who is employed by an entity contracted by the 391
board to conduct evaluations and who holds a license designated 392
for being a superintendent, assistant superintendent, principal, 393
vocational director, administrative specialist, or supervisor in 394
any educational area issued under section 3319.22 of the Revised 395
Code or is qualified to conduct evaluations.396

       (E) Notwithstanding division (A)(3) of section 3319.112 of 397
the Revised Code:398

       (1) The board shall require at least three formal 399
observations of each teacher who is under consideration for 400
nonrenewal and with whom the board has entered into a limited 401
contract or an extended limited contract under section 3319.11 of 402
the Revised Code.403

        (2) The board may elect, by adoption of a resolution, to 404
require only one formal observation of a teacher who received a 405
rating of accomplished on the teacher's most recent evaluation 406
conducted under this section, provided the teacher completes a 407
project that has been approved by the board to demonstrate the 408
teacher's continued growth and practice at the accomplished level.409

       (F) The board shall include in its evaluation policy 410
procedures for using the evaluation results for retention and 411
promotion decisions and for removal of poorly performing teachers. 412
Seniority shall not be the basis for a decision to retain a 413
teacher, except when making a decision between teachers who have 414
comparable evaluations.415

        (G) For purposes of section 3333.0411 of the Revised Code, 416
the board annually shall report to the department of education the 417
number of teachers for whom an evaluation was conducted under this 418
section and the number of teachers assigned each rating prescribed 419
under division (B)(1) of section 3319.112 of the Revised Code, 420
aggregated by the teacher preparation programs from which and the 421
years in which the teachers graduated. The department shall 422
establish guidelines for reporting the information required by 423
this division. The guidelines shall not permit or require that the 424
name of, or any other personally identifiable information about, 425
any teacher be reported under this division.426

       (H) Notwithstanding any provision to the contrary in Chapter 427
4117. of the Revised Code, the requirements of this section 428
prevail over any conflicting provisions of a collective bargaining 429
agreement entered into on or after September 24, 2012.430

       Sec. 3319.112.  (A) Not later than December 31, 2011, the 431
state board of education shall develop a standards-based state 432
framework for the evaluation of teachers. The state board may 433
update the framework periodically by adoption of a resolution. The 434
framework shall establish an evaluation system that does the 435
following:436

        (1) Provides for multiple evaluation factors. One factor 437
shall be student academic growth which shall account for fifty per 438
cent of each evaluation, except as otherwise prescribed by the 439
alternative framework under section 3319.114 of the Revised Code. 440
When applicable to the grade level or subject area taught by a 441
teacher, the value-added progress dimension established under 442
section 3302.021 of the Revised Code or an alternative student 443
academic progress measure if adopted under division (C)(1)(e) of 444
section 3302.03 of the Revised Code shall be used in the student 445
academic growth portion of an evaluation in proportion to the part 446
of a teacher's schedule of courses or subjects for which the 447
value-added progress dimension is applicable. 448

        If a teacher's schedule is comprised only of courses or 449
subjects for which the value-added progress dimension is 450
applicable, one of the following applies:451

        (a) Beginning with March 22, 2013, until June 30, 2014, the 452
majority of the student academic growth factor of the evaluation 453
shall be based on the value-added progress dimension.454

        (b) On or after July 1, 2014, the entire student academic 455
growth factor of the evaluation shall be based on the value-added 456
progress dimension. In calculating student academic growth for an 457
evaluation, a student shall not be included if the student has 458
forty-five or more excused or unexcused absences during the full 459
academic year.460

        (2) Is aligned with the standards for teachers adopted under 461
section 3319.61 of the Revised Code;462

        (3) Requires observation of the teacher being evaluated, 463
including at least two formal observations by the evaluator of at 464
least thirty minutes each and classroom walkthroughs;465

        (4) Assigns a rating on each evaluation in accordance with 466
division (B) of this section or section 3319.114 of the Revised 467
Code, whichever is applicable;468

        (5) Requires each teacher to be provided with a written 469
report of the results of the teacher's evaluation;470

        (6) Identifies measures of student academic growth for grade 471
levels and subjects for which the value-added progress dimension 472
prescribed by section 3302.021 of the Revised Code or an 473
alternative student academic progress measure if adopted under 474
division (C)(1)(e) of section 3302.03 of the Revised Code does not 475
apply;476

        (7) Implements a classroom-level, value-added program 477
developed by a nonprofit organization described in division (B) of 478
section 3302.021 of the Revised Code or an alternative student 479
academic progress measure if adopted under division (C)(1)(e) of 480
section 3302.03 of the Revised Code;481

        (8) Provides for professional development to accelerate and 482
continue teacher growth and provide support to poorly performing 483
teachers;484

        (9) Provides for the allocation of financial resources to 485
support professional development.486

       (B) For purposes of the framework developed under this 487
section, the state board also shall do the following:488

       (1) Develop specific standards and criteria that distinguish 489
between the following levels of performance for teachers and 490
principals for the purpose of assigning ratings on the evaluations 491
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111 492
of the Revised Code:493

       (a) Accomplished;494

       (b) Skilled;495

       (c) Developing;496

       (d) Ineffective.497

       (2) For grade levels and subjects for which the assessments 498
prescribed under sections 3301.0710 and 3301.0712 of the Revised 499
Code and the value-added progress dimension prescribed by section 500
3302.021 of the Revised Code, or alternative student academic 501
progress measure, do not apply, develop a list of student 502
assessments that measure mastery of the course content for the 503
appropriate grade level, which may include nationally normed 504
standardized assessments, industry certification examinations, or 505
end-of-course examinations.506

       (C) The state board shall consult with experts, teachers and 507
principals employed in public schools, and representatives of 508
stakeholder groups in developing the standards and criteria 509
required by division (B)(1) of this section.510

       (D) To assist school districts in developing evaluation 511
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of 512
the Revised Code, the department shall do both of the following:513

       (1) Serve as a clearinghouse of promising evaluation 514
procedures and evaluation models that districts may use;515

       (2) Provide technical assistance to districts in creating 516
evaluation policies.517

       (E) Not later than June 30, 2013, the state board, in 518
consultation with state agencies that employ teachers, shall 519
develop a standards-based framework for the evaluation of teachers 520
employed by those agencies. Each state agency that employs 521
teachers shall adopt a standards-based teacher evaluation policy 522
that conforms with the framework developed under this division. 523
The policy shall become operative at the expiration of any 524
collective bargaining agreement covering teachers employed by the 525
agency that is in effect on September 24, 2012, and shall be 526
included in any renewal or extension of such an agreement. 527
However, this division does not apply to any person who is 528
employed as a substitute teacher or as an instructor of adult 529
education.530

       Sec. 3319.114. (A) Beginning with the 2014-2015 school year, 531
a district or school may choose to use the alternative framework 532
prescribed by divisions (B) and (C) of this section when 533
evaluating teachers under section 3319.111 of the Revised Code.534

       (B) If a district or school chooses to use the alternative 535
framework for the 2014-2015 school year, that district or school 536
shall calculate ratings assigned for teacher evaluations according 537
to the following:538

       (1) The teacher performance measure, as defined by the 539
department of education, shall account for forty-two and one-half 540
per cent of each rating.541

       (2) The student academic growth measure, as defined by the 542
department, shall account for forty-two and one-half per cent of 543
each rating.544

       (3) Only one of the following components shall account for 545
fifteen per cent of each rating:546

       (a) Student surveys;547

       (b) Teacher self-evaluations;548

       (c) Peer review evaluations;549

       (d) Student portfolios.550

       (C) If a district or school chooses to use the alternative 551
framework for the 2015-2016 school year or any school year 552
thereafter, that district or school shall calculate ratings 553
assigned for teacher evaluations according to the following:554

       (1) The teacher performance measure, as defined by the 555
department, shall account for forty-two and one-half to fifty per 556
cent of each rating.557

       (2) The student academic growth measure, as defined by the 558
department, shall account for forty-two and one-half to fifty per 559
cent of each rating.560

       (3) The remainder shall be one of the following components:561

       (a) Student surveys; 562

       (b) Teacher self-evaluations; 563

       (c) Peer review evaluations; 564

       (d) Student portfolios.565

       (4) The teacher performance measure and the student academic 566
growth measure shall account for an equal percentage of each 567
rating.568

        (D) The department shall compile a list of approved 569
instruments for districts and schools to use, beginning with the 570
2014-2015 school year, when evaluating the components described 571
under divisions (B)(3) and (C)(3) of this section. Each district 572
or school shall choose one of the approved instruments to evaluate 573
the applicable component selected by the district or school under 574
that section.575

       Sec. 3326.02. There is hereby established athe STEM 576
committee of the department of education consisting of the 577
following members:578

        (A) The superintendent of public instruction;579

        (B) The chancellor of the Ohio board of regents;580

        (C) The director of development;581

        (D) Four members of the public, two of whom shall be 582
appointed by the governor, one of whom shall be appointed by the 583
speaker of the house of representatives, and one of whom shall be 584
appointed by the president of the senate. Members of the public 585
shall be appointed based on their expertise in business or in STEM 586
fields. The initial members of the committee shall be appointed 587
under division (D) of this section not later than forty-five days 588
after June 30, 2007.589

        All members of the committee appointed under division (D) of 590
this section shall serve at the pleasure of their appointing 591
authority.592

       Members of the committee shall receive no compensation for 593
their services. The department of education shall provide 594
administrative support for the committee.595

       Sec. 3326.03. (A) The STEM committee shall authorize the 596
establishment of and award grants to science, technology, 597
engineering, and mathematics schools based on proposals submitted 598
to the committee.599

        The committee shall determine the criteria for proposals, 600
establish procedures for the submission of proposals, accept and 601
evaluate proposals, and choose which proposals to approve to 602
become a STEM school. In approving proposals for STEM schools, the 603
committee shall consider locating the schools in diverse 604
geographic regions of the state so that all students have access 605
to a STEM school.606

       The committee shall seek technical assistance from the Ohio 607
STEM learning network, or its successor, throughout the process of 608
accepting and evaluating proposals and choosing which proposals to 609
approve. In approving proposals for STEM schools, the committee 610
shall consider the recommendations of the Ohio STEM learning 611
network, or its successor.612

       The committee may authorize the establishment of a group of 613
multiple STEM schools to operate from multiple facilities located 614
in one or more school districts under the direction of a single 615
governing body in the manner prescribed by section 3326.031 of the 616
Revised Code. The committee shall consider the merits of each of 617
the proposed STEM schools within a group and shall authorize each 618
school separately. Anytime after authorizing a group of STEM 619
schools to be under the direction of a single governing body, upon 620
a proposal from the governing body, the committee may authorize 621
one or more additional schools to operate as part of that group.622

       The STEM committee may approve one or more STEM schools to 623
serve only students identified as gifted under Chapter 3324. of 624
the Revised Code.625

       (B) Proposals may be submitted only by a partnership of 626
public and private entities consisting of at least all of the 627
following:628

       (1) A city, exempted village, local, or joint vocational 629
school district or an educational service center;630

       (2) Higher education entities;631

       (3) Business organizations.632

       A community school established under Chapter 3314. of the 633
Revised Code, a chartered nonpublic school, or both may be part of 634
the partnership.635

        (C) Each proposal shall include at least the following:636

        (1) Assurances that the STEM school or group of STEM schools 637
will be under the oversight of a governing body and a description 638
of the members of that governing body and how they will be 639
selected;640

        (2) Assurances that each STEM school will operate in 641
compliance with this chapter and the provisions of the proposal as 642
accepted by the committee;643

       (3) Evidence that each school will offer a rigorous, diverse, 644
integrated, and project-based curriculum to students in any of 645
grades six through twelve, with the goal to prepare those students 646
for college, the workforce, and citizenship, and that does all of 647
the following:648

        (a) Emphasizes the role of science, technology, engineering, 649
and mathematics in promoting innovation and economic progress;650

        (b) Incorporates scientific inquiry and technological design;651

        (c) Includes the arts and humanities;652

        (d) Emphasizes personalized learning and teamwork skills.653

        (4) Evidence that each school will attract school leaders who 654
support the curriculum principles of division (C)(3) of this 655
section;656

        (5) A description of how each school's curriculum will be 657
developed and approved in accordance with section 3326.09 of the 658
Revised Code;659

        (6) Evidence that each school will utilize an established 660
capacity to capture and share knowledge for best practices and 661
innovative professional development with the Ohio STEM learning 662
network, or its successor;663

        (7) Evidence that each school will operate in collaboration 664
with a partnership that includes institutions of higher education 665
and businesses;666

        (8) Assurances that each school has received commitments of 667
sustained and verifiable fiscal and in-kind support from regional 668
education and business entities;669

       (9) A description of how each school's assets will be 670
distributed if the school closes for any reason.671

       Sec. 3326.032.  (A) The STEM committee may grant a 672
designation of STEM school equivalent to a community school 673
established under Chapter 3314. of the Revised Code or to a 674
chartered nonpublic school. In order to be eligible for this 675
designation, a community school or chartered nonpublic school 676
shall submit a proposal that satisfies the requirements of this 677
section.678

       The committee shall determine the criteria for proposals, 679
establish procedures for the submission of proposals, accept and 680
evaluate proposals, and choose which proposals warrant a community 681
school or chartered nonpublic school to be designated as a STEM 682
school equivalent.683

       (B) A proposal for designation as a STEM school equivalent 684
shall include at least the following:685

       (1) Assurances that the community school or chartered 686
nonpublic school submitting the proposal has a working partnership 687
with both public and private entities, including higher education 688
entities and business organizations;689

        (2) Assurances that the school submitting the proposal will 690
operate in compliance with this section and the provisions of the 691
proposal as accepted by the committee;692

       (3) Evidence that the school submitting the proposal will 693
offer a rigorous, diverse, integrated, and project-based 694
curriculum to students in any of grades six through twelve, with 695
the goal to prepare those students for college, the workforce, and 696
citizenship, and that does all of the following:697

       (a) Emphasizes the role of science, technology, engineering, 698
and mathematics in promoting innovation and economic progress;699

       (b) Incorporates scientific inquiry and technological design;700

       (c) Includes the arts and humanities;701

       (d) Emphasizes personalized learning and teamwork skills.702

       (4) Evidence that the school submitting the proposal will 703
attract school leaders who support the curriculum principles of 704
division (B)(3) of this section;705

       (5) A description of how each school's curriculum will be 706
developed and approved in accordance with section 3326.09 of the 707
Revised Code;708

       (6) Evidence that the school submitting the proposal will 709
utilize an established capacity to capture and share knowledge for 710
best practices and innovative professional development;711

       (7) Assurances that the school submitting the proposal has 712
received commitments of sustained and verifiable fiscal and 713
in-kind support from regional education and business entities.714

       (C)(1) A community school or chartered nonpublic school that 715
is designated as a STEM school equivalent under this section shall 716
not be subject to the requirements of Chapter 3326. of the Revised 717
Code, except that the school shall be subject to the requirements 718
of this section and to the curriculum requirements of section 719
3326.09 of the Revised Code.720

       Nothing in this section, however, shall relieve a community 721
school of the applicable requirements of Chapter 3314. of the 722
Revised Code. Nor shall anything in this section relieve a 723
chartered nonpublic school of any provisions of law outside of 724
this chapter that are applicable to chartered nonpublic schools.725

       (2) A community school or chartered nonpublic school that is 726
designated as a STEM school equivalent under this section shall 727
not be eligible for operating funding under sections 3326.31 to 728
3326.37, 3326.39 to 3326.40, and 3326.51 of the Revised Code.729

       (3) A community school or chartered nonpublic school that is 730
designated as a STEM school equivalent under this section may 731
apply for any of the grants and additional funds described in 732
section 3326.38 of the Revised Code for which the school is 733
eligible.734

       (D) If a community school or chartered nonpublic school that 735
is designated as a STEM school equivalent under this section 736
intends to close or intends to no longer be designated as a STEM 737
school equivalent, it shall notify the STEM committee of that 738
fact.739

       Sec. 3326.04. (A) The STEM committee shall award grants to 740
support the operation of STEM programs of excellence to serve 741
students in any of grades kindergarten through eight through a 742
request for proposals.743

        (B) Proposals may be submitted by any of the following:744

        (1) The board of education of a city, exempted village, or 745
local school district;746

       (2) The governing authority of a community school established 747
under Chapter 3314. of the Revised Code;748

       (3) The governing authority of a chartered nonpublic school.749

        (C) Each proposal shall demonstrate to the satisfaction of 750
the STEM committee that the program meets at least the following 751
standards:752

        (1) Unless the program is designed to serve only students 753
identified as gifted under Chapter 3324. of the Revised Code, the 754
program will serve all students enrolled in the district or school 755
in the grades for which the program is designed.756

        (2) The program will offer a rigorous and diverse curriculum 757
that is based on scientific inquiry and technological design, that 758
emphasizes personalized learning and teamwork skills, and that 759
will expose students to advanced scientific concepts within and 760
outside the classroom.761

       (3) Unless the program is designed to serve only students 762
identified as gifted under Chapter 3324. of the Revised Code, the 763
program will not limit participation of students on the basis of 764
intellectual ability, measures of achievement, or aptitude.765

       (4) The program will utilize an established capacity to 766
capture and share knowledge for best practices and innovative 767
professional development.768

       (5) The program will operate in collaboration with a 769
partnership that includes institutions of higher education and 770
businesses.771

        (6) The program will include teacher professional development 772
strategies that are augmented by community and business partners.773

       (D) The STEM committee shall give priority to proposals for 774
new or expanding innovative programs.775

       Sec. 3326.09. Subject to approval by its governing body or 776
governing authority, the curriculum of each science, technology, 777
engineering, and mathematics school and of each community school 778
or chartered nonpublic school that is designated as a STEM school 779
equivalent under section 3326.032 of the Revised Code shall be 780
developed by a team that consists of at least the school's chief 781
administrative officer, a teacher, a representative of the higher 782
education institution that is a collaborating partner in the STEM783
school or school designated as a STEM school equivalent, described 784
in the proposal for establishment of the school as required by 785
division (C)(7) of section 3326.03 of the Revised Code, and a 786
member of the public with expertise in the application of science, 787
technology, engineering, or mathematics.788

       Section 2.  That existing sections 3301.162, 3314.03, 789
3319.111, 3319.112, 3326.02, 3326.03, 3326.04, and 3326.09 of the 790
Revised Code are hereby repealed.791