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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 |
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 | 339 |
evaluate each teacher who received a rating of accomplished on the | 340 |
teacher's most recent evaluation conducted under this section once | 341 |
every | 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. | 345 |
(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 | 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 STEM | 783 |
school or school designated as a STEM school equivalent, | 784 |
785 | |
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 |