As Reported by the Senate Education Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 367


Representatives Driehaus, Sprague 

Cosponsors: Representatives Antonio, Butler, Fedor, Hackett, Perales, Smith, Phillips, Bishoff, Adams, R., Anielski, Ashford, Baker, Barnes, Beck, Blair, Blessing, Boose, Boyce, Buchy, Burkley, Carney, Celebrezze, Cera, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Duffey, Foley, Gerberry, Green, Hagan, C., Hagan, R., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Johnson, Landis, Letson, Lundy, Lynch, Mallory, McClain, Milkovich, O'Brien, Patmon, Patterson, Pillich, Ramos, Reece, Rogers, Romanchuk, Rosenberger, Ruhl, Schuring, Sears, Sheehy, Slaby, Stebelton, Stinziano, Strahorn, Sykes, Terhar, Thompson, Wachtmann, Williams, Winburn, Young Speaker Batchelder 



A BILL
To amend sections 3301.0711, 3301.0712, 3301.0715, 1
3313.60, 3313.603, 3313.608, 3313.618, 3313.672, 2
3313.68, 3314.06, 3317.034, 3319.227, 3319.261, 3
4729.291, and 4729.541 and to enact section 4
4731.056 of the Revised Code and to amend Sections 5
263.20 and 263.320 of Am. Sub. H.B. 59 of the 6
130th General Assembly, as subsequently amended, 7
and Section 9 of Am. Sub. H.B. 487 of the 130th 8
General Assembly to require the health curriculum 9
of each school district to include instruction in 10
prescription opioid abuse prevention, to establish 11
requirements regarding controlled substances 12
containing buprenorphine used for the purpose of 13
treating drug dependence or addiction, to revise 14
the law regarding state assessments and academic 15
performance reporting, to make other changes 16
regarding primary and secondary education 17
programs, and to make an appropriation.18


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

       Section 1. That sections 3301.0711, 3301.0712, 3301.0715, 19
3313.60, 3313.603, 3313.608, 3313.618, 3313.672, 3313.68, 3314.06, 20
3317.034, 3319.227, 3319.261, 4729.291, and 4729.541 be amended 21
and section 4731.056 of the Revised Code be enacted to read as 22
follows:23

       Sec. 3301.0711.  (A) The department of education shall:24

       (1) Annually furnish to, grade, and score all assessments 25
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 26
the Revised Code to be administered by city, local, exempted 27
village, and joint vocational school districts, except that each 28
district shall score any assessment administered pursuant to 29
division (B)(10) of this section. Each assessment so furnished 30
shall include the data verification code of the student to whom 31
the assessment will be administered, as assigned pursuant to 32
division (D)(2) of section 3301.0714 of the Revised Code. In 33
furnishing the practice versions of Ohio graduation tests 34
prescribed by division (D) of section 3301.0710 of the Revised 35
Code, the department shall make the tests available on its web 36
site for reproduction by districts. In awarding contracts for 37
grading assessments, the department shall give preference to 38
Ohio-based entities employing Ohio residents.39

       (2) Adopt rules for the ethical use of assessments and 40
prescribing the manner in which the assessments prescribed by 41
section 3301.0710 of the Revised Code shall be administered to 42
students.43

       (B) Except as provided in divisions (C) and (J) of this 44
section, the board of education of each city, local, and exempted 45
village school district shall, in accordance with rules adopted 46
under division (A) of this section:47

       (1) Administer the English language arts assessments 48
prescribed under division (A)(1)(a) of section 3301.0710 of the 49
Revised Code twice annually to all students in the third grade who 50
have not attained the score designated for that assessment under 51
division (A)(2)(c) of section 3301.0710 of the Revised Code.52

       (2) Administer the mathematics assessment prescribed under 53
division (A)(1)(a) of section 3301.0710 of the Revised Code at 54
least once annually to all students in the third grade.55

       (3) Administer the assessments prescribed under division 56
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 57
annually to all students in the fourth grade.58

       (4) Administer the assessments prescribed under division 59
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 60
annually to all students in the fifth grade.61

       (5) Administer the assessments prescribed under division 62
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 63
annually to all students in the sixth grade.64

       (6) Administer the assessments prescribed under division 65
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 66
annually to all students in the seventh grade.67

       (7) Administer the assessments prescribed under division 68
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 69
annually to all students in the eighth grade.70

       (8) Except as provided in division (B)(9) of this section, 71
administer any assessment prescribed under division (B)(1) of 72
section 3301.0710 of the Revised Code as follows:73

       (a) At least once annually to all tenth grade students and at 74
least twice annually to all students in eleventh or twelfth grade 75
who have not yet attained the score on that assessment designated 76
under that division;77

       (b) To any person who has successfully completed the 78
curriculum in any high school or the individualized education 79
program developed for the person by any high school pursuant to 80
section 3323.08 of the Revised Code but has not received a high 81
school diploma and who requests to take such assessment, at any 82
time such assessment is administered in the district.83

       (9) In lieu of the board of education of any city, local, or 84
exempted village school district in which the student is also 85
enrolled, the board of a joint vocational school district shall 86
administer any assessment prescribed under division (B)(1) of 87
section 3301.0710 of the Revised Code at least twice annually to 88
any student enrolled in the joint vocational school district who 89
has not yet attained the score on that assessment designated under 90
that division. A board of a joint vocational school district may 91
also administer such an assessment to any student described in 92
division (B)(8)(b) of this section.93

       (10) If the district has a three-year average graduation rate 94
of not more than seventy-five per cent, administer each assessment 95
prescribed by division (D) of section 3301.0710 of the Revised 96
Code in September to all ninth grade students, beginning in the 97
school year that starts July 1, 2005who entered ninth grade prior 98
to July 1, 2014.99

       Except as provided in section 3313.614 of the Revised Code 100
for administration of an assessment to a person who has fulfilled 101
the curriculum requirement for a high school diploma but has not 102
passed one or more of the required assessments, the assessments 103
prescribed under division (B)(1) of section 3301.0710 of the 104
Revised Code and the practice assessments prescribed under 105
division (D) of that section and required to be administered under 106
divisions (B)(8), (9), and (10) of this section shall not be 107
administered after July 1, 2015the date specified in the rules 108
adopted by the state board of education under division (D)(1) of 109
section 3301.0712 of the Revised Code. 110

       (11) Administer the assessments prescribed by division (B)(2) 111
of section 3301.0710 and section 3301.0712 of the Revised Code in 112
accordance with the timeline and plan for implementation of those 113
assessments prescribed by rule of the state board adopted under 114
division (D)(1) of section 3301.0712 of the Revised Code.115

       (C)(1)(a) In the case of a student receiving special 116
education services under Chapter 3323. of the Revised Code, the 117
individualized education program developed for the student under 118
that chapter shall specify the manner in which the student will 119
participate in the assessments administered under this section. 120
The individualized education program may excuse the student from 121
taking any particular assessment required to be administered under 122
this section if it instead specifies an alternate assessment 123
method approved by the department of education as conforming to 124
requirements of federal law for receipt of federal funds for 125
disadvantaged pupils. To the extent possible, the individualized 126
education program shall not excuse the student from taking an 127
assessment unless no reasonable accommodation can be made to 128
enable the student to take the assessment.129

       (b) Any alternate assessment approved by the department for a 130
student under this division shall produce measurable results 131
comparable to those produced by the assessment it replaces in 132
order to allow for the student's results to be included in the 133
data compiled for a school district or building under section 134
3302.03 of the Revised Code.135

       (c) Any student enrolled in a chartered nonpublic school who 136
has been identified, based on an evaluation conducted in 137
accordance with section 3323.03 of the Revised Code or section 504 138
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 139
794, as amended, as a child with a disability shall be excused 140
from taking any particular assessment required to be administered 141
under this section if a plan developed for the student pursuant to 142
rules adopted by the state board excuses the student from taking 143
that assessment. In the case of any student so excused from taking 144
an assessment, the chartered nonpublic school shall not prohibit 145
the student from taking the assessment.146

       (2) A district board may, for medical reasons or other good 147
cause, excuse a student from taking an assessment administered 148
under this section on the date scheduled, but that assessment 149
shall be administered to the excused student not later than nine 150
days following the scheduled date. The district board shall 151
annually report the number of students who have not taken one or 152
more of the assessments required by this section to the state 153
board of education not later than the thirtieth day of June.154

       (3) As used in this division, "limited English proficient 155
student" has the same meaning as in 20 U.S.C. 7801.156

       No school district board shall excuse any limited English 157
proficient student from taking any particular assessment required 158
to be administered under this section, except that any limited 159
English proficient student who has been enrolled in United States 160
schools for less than one full school year shall not be required 161
to take any reading, writing, or English language arts assessment. 162
However, no board shall prohibit a limited English proficient 163
student who is not required to take an assessment under this 164
division from taking the assessment. A board may permit any 165
limited English proficient student to take an assessment required 166
to be administered under this section with appropriate 167
accommodations, as determined by the department. For each limited 168
English proficient student, each school district shall annually 169
assess that student's progress in learning English, in accordance 170
with procedures approved by the department.171

       The governing authority of a chartered nonpublic school may 172
excuse a limited English proficient student from taking any 173
assessment administered under this section. However, no governing 174
authority shall prohibit a limited English proficient student from 175
taking the assessment.176

       (D)(1) In the school year next succeeding the school year in 177
which the assessments prescribed by division (A)(1) or (B)(1) of 178
section 3301.0710 of the Revised Code or former division (A)(1), 179
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 180
existed prior to September 11, 2001, are administered to any 181
student, the board of education of any school district in which 182
the student is enrolled in that year shall provide to the student 183
intervention services commensurate with the student's performance, 184
including any intensive intervention required under section 185
3313.608 of the Revised Code, in any skill in which the student 186
failed to demonstrate at least a score at the proficient level on 187
the assessment.188

       (2) Following any administration of the assessments 189
prescribed by division (D) of section 3301.0710 of the Revised 190
Code to ninth grade students, each school district that has a 191
three-year average graduation rate of not more than seventy-five 192
per cent shall determine for each high school in the district 193
whether the school shall be required to provide intervention 194
services to any students who took the assessments. In determining 195
which high schools shall provide intervention services based on 196
the resources available, the district shall consider each school's 197
graduation rate and scores on the practice assessments. The 198
district also shall consider the scores received by ninth grade 199
students on the English language arts and mathematics assessments 200
prescribed under division (A)(1)(f) of section 3301.0710 of the 201
Revised Code in the eighth grade in determining which high schools 202
shall provide intervention services.203

       Each high school selected to provide intervention services 204
under this division shall provide intervention services to any 205
student whose results indicate that the student is failing to make 206
satisfactory progress toward being able to attain scores at the 207
proficient level on the Ohio graduation tests. Intervention 208
services shall be provided in any skill in which a student 209
demonstrates unsatisfactory progress and shall be commensurate 210
with the student's performance. Schools shall provide the 211
intervention services prior to the end of the school year, during 212
the summer following the ninth grade, in the next succeeding 213
school year, or at any combination of those times.214

       (E) Except as provided in section 3313.608 of the Revised 215
Code and division (M) of this section, no school district board of 216
education shall utilize any student's failure to attain a 217
specified score on an assessment administered under this section 218
as a factor in any decision to deny the student promotion to a 219
higher grade level. However, a district board may choose not to 220
promote to the next grade level any student who does not take an 221
assessment administered under this section or make up an 222
assessment as provided by division (C)(2) of this section and who 223
is not exempt from the requirement to take the assessment under 224
division (C)(3) of this section.225

       (F) No person shall be charged a fee for taking any 226
assessment administered under this section.227

       (G)(1) Each school district board shall designate one 228
location for the collection of assessments administered in the 229
spring under division (B)(1) of this section and those 230
administered under divisions (B)(2) to (7) of this section. Each 231
district board shall submit the assessments to the entity with 232
which the department contracts for the scoring of the assessments 233
as follows:234

        (a) If the district's total enrollment in grades kindergarten 235
through twelve during the first full school week of October was 236
less than two thousand five hundred, not later than the Friday 237
after all of the assessments have been administered;238

       (b) If the district's total enrollment in grades kindergarten 239
through twelve during the first full school week of October was 240
two thousand five hundred or more, but less than seven thousand, 241
not later than the Monday after all of the assessments have been 242
administered;243

        (c) If the district's total enrollment in grades kindergarten 244
through twelve during the first full school week of October was 245
seven thousand or more, not later than the Tuesday after all of 246
the assessments have been administered.247

        However, any assessment that a student takes during the 248
make-up period described in division (C)(2) of this section shall 249
be submitted not later than the Friday following the day the 250
student takes the assessment.251

        (2) The department or an entity with which the department 252
contracts for the scoring of the assessment shall send to each 253
school district board a list of the individual scores of all 254
persons taking an assessment prescribed by division (A)(1) or 255
(B)(1) of section 3301.0710 of the Revised Code within sixty days 256
after its administration, but in no case shall the scores be 257
returned later than the fifteenth day of June following the 258
administration. For assessments administered under this section by 259
a joint vocational school district, the department or entity shall 260
also send to each city, local, or exempted village school district 261
a list of the individual scores of any students of such city, 262
local, or exempted village school district who are attending 263
school in the joint vocational school district.264

       (H) Individual scores on any assessments administered under 265
this section shall be released by a district board only in 266
accordance with section 3319.321 of the Revised Code and the rules 267
adopted under division (A) of this section. No district board or 268
its employees shall utilize individual or aggregate results in any 269
manner that conflicts with rules for the ethical use of 270
assessments adopted pursuant to division (A) of this section.271

       (I) Except as provided in division (G) of this section, the 272
department or an entity with which the department contracts for 273
the scoring of the assessment shall not release any individual 274
scores on any assessment administered under this section. The 275
state board of education shall adopt rules to ensure the 276
protection of student confidentiality at all times. The rules may 277
require the use of the data verification codes assigned to 278
students pursuant to division (D)(2) of section 3301.0714 of the 279
Revised Code to protect the confidentiality of student scores.280

       (J) Notwithstanding division (D) of section 3311.52 of the 281
Revised Code, this section does not apply to the board of 282
education of any cooperative education school district except as 283
provided under rules adopted pursuant to this division.284

       (1) In accordance with rules that the state board of 285
education shall adopt, the board of education of any city, 286
exempted village, or local school district with territory in a 287
cooperative education school district established pursuant to 288
divisions (A) to (C) of section 3311.52 of the Revised Code may 289
enter into an agreement with the board of education of the 290
cooperative education school district for administering any 291
assessment prescribed under this section to students of the city, 292
exempted village, or local school district who are attending 293
school in the cooperative education school district.294

       (2) In accordance with rules that the state board of 295
education shall adopt, the board of education of any city, 296
exempted village, or local school district with territory in a 297
cooperative education school district established pursuant to 298
section 3311.521 of the Revised Code shall enter into an agreement 299
with the cooperative district that provides for the administration 300
of any assessment prescribed under this section to both of the 301
following:302

       (a) Students who are attending school in the cooperative 303
district and who, if the cooperative district were not 304
established, would be entitled to attend school in the city, 305
local, or exempted village school district pursuant to section 306
3313.64 or 3313.65 of the Revised Code;307

       (b) Persons described in division (B)(8)(b) of this section.308

       Any assessment of students pursuant to such an agreement 309
shall be in lieu of any assessment of such students or persons 310
pursuant to this section.311

       (K)(1)(a) Except as otherwise provided in division (K)(1)(a) 312
or (K)(1)(c) of this section, each chartered nonpublic school for 313
which at least sixty-five per cent of its total enrollment is made 314
up of students who are participating in state scholarship programs 315
shall administer the elementary assessments prescribed by section 316
3301.0710 of the Revised Code. In accordance with procedures and 317
deadlines prescribed by the department, the parent or guardian of 318
a student enrolled in the school who is not participating in a 319
state scholarship program may submit notice to the chief 320
administrative officer of the school that the parent or guardian 321
does not wish to have the student take the elementary assessments 322
prescribed for the student's grade level under division (A) of 323
section 3301.0710 of the Revised Code. If a parent or guardian 324
submits an opt-out notice, the school shall not administer the 325
assessments to that student. This option does not apply to any 326
assessment required for a high school diploma under section 327
3313.612 of the Revised Code.328

       (b) If a chartered nonpublic school is educating students in 329
grades nine through twelve, it shall administer the assessments 330
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the 331
Revised Code as a condition of compliance with section 3313.612 of 332
the Revised Code. 333

       (c) A chartered nonpublic school may submit to the 334
superintendent of public instruction a request for a waiver from 335
administering the elementary assessments prescribed by division 336
(A) of section 3301.0710 of the Revised Code. The state 337
superintendent shall approve or disapprove a request for a waiver 338
submitted under division (K)(1)(c) of this section. No waiver 339
shall be approved for any school year prior to the 2015-2016 340
school year.341

       To be eligible to submit a request for a waiver, a chartered 342
nonpublic school shall meet the following conditions:343

       (i) At least ninety-five per cent of the students enrolled in 344
the school are children with disabilities, as defined under 345
section 3323.01 of the Revised Code, or have received a diagnosis 346
by a school district or from a physician, including a 347
neuropsychiatrist or psychiatrist, or a psychologist who is 348
authorized to practice in this or another state as having a 349
condition that impairs academic performance, such as dyslexia, 350
dyscalculia, attention deficit hyperactivity disorder, or 351
Asperger's syndrome.352

       (ii) The school has solely served a student population 353
described in division (K)(1)(c)(i) of this section for at least 354
ten years.355

       (iii) The school provides to the department at least five 356
years of records of internal testing conducted by the school that 357
affords the department data required for accountability purposes, 358
including diagnostic assessments and nationally standardized 359
norm-referenced achievement assessments that measure reading and 360
math skills.361

       (d) Any chartered nonpublic school that is not subject to 362
division (K)(1)(a) of this section may participate in the 363
assessment program by administering any of the assessments 364
prescribed by division (A) of section 3301.0710 of the Revised 365
Code. The chief administrator of the school shall specify which 366
assessments the school will administer. Such specification shall 367
be made in writing to the superintendent of public instruction 368
prior to the first day of August of any school year in which 369
assessments are administered and shall include a pledge that the 370
nonpublic school will administer the specified assessments in the 371
same manner as public schools are required to do under this 372
section and rules adopted by the department.373

       (2) The department of education shall furnish the assessments 374
prescribed by section 3301.0710 or 3301.0712 of the Revised Code 375
to each chartered nonpublic school that is subject to division 376
(K)(1)(a) of this section or participates under division (K)(1)(b) 377
of this section.378

       (L)(1) The superintendent of the state school for the blind 379
and the superintendent of the state school for the deaf shall 380
administer the assessments described by sections 3301.0710 and 381
3301.0712 of the Revised Code. Each superintendent shall 382
administer the assessments in the same manner as district boards 383
are required to do under this section and rules adopted by the 384
department of education and in conformity with division (C)(1)(a) 385
of this section.386

       (2) The department of education shall furnish the assessments 387
described by sections 3301.0710 and 3301.0712 of the Revised Code 388
to each superintendent.389

       (M) Notwithstanding division (E) of this section, a school 390
district may use a student's failure to attain a score in at least 391
the proficient range on the mathematics assessment described by 392
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 393
an assessment described by division (A)(1)(b), (c), (d), (e), or 394
(f) of section 3301.0710 of the Revised Code as a factor in 395
retaining that student in the current grade level.396

       (N)(1) In the manner specified in divisions (N)(3), (4), and 397
(6) of this section, the assessments required by division (A)(1) 398
of section 3301.0710 of the Revised Code shall become public 399
records pursuant to section 149.43 of the Revised Code on the 400
thirty-first day of July following the school year that the 401
assessments were administered.402

       (2) The department may field test proposed questions with 403
samples of students to determine the validity, reliability, or 404
appropriateness of questions for possible inclusion in a future 405
year's assessment. The department also may use anchor questions on 406
assessments to ensure that different versions of the same 407
assessment are of comparable difficulty.408

       Field test questions and anchor questions shall not be 409
considered in computing scores for individual students. Field test 410
questions and anchor questions may be included as part of the 411
administration of any assessment required by division (A)(1) or 412
(B) of section 3301.0710 and division (B) of section 3301.0712 of 413
the Revised Code.414

       (3) Any field test question or anchor question administered 415
under division (N)(2) of this section shall not be a public 416
record. Such field test questions and anchor questions shall be 417
redacted from any assessments which are released as a public 418
record pursuant to division (N)(1) of this section.419

       (4) This division applies to the assessments prescribed by 420
division (A) of section 3301.0710 of the Revised Code.421

       (a) The first administration of each assessment, as specified 422
in former section 3301.0712 of the Revised Code, shall be a public 423
record.424

       (b) For subsequent administrations of each assessment prior 425
to the 2011-2012 school year, not less than forty per cent of the 426
questions on the assessment that are used to compute a student's 427
score shall be a public record. The department shall determine 428
which questions will be needed for reuse on a future assessment 429
and those questions shall not be public records and shall be 430
redacted from the assessment prior to its release as a public 431
record. However, for each redacted question, the department shall 432
inform each city, local, and exempted village school district of 433
the statewide academic standard adopted by the state board of 434
education under section 3301.079 of the Revised Code and the 435
corresponding benchmark to which the question relates. The 436
preceding sentence does not apply to field test questions that are 437
redacted under division (N)(3) of this section.438

       (c) The administrations of each assessment in the 2011-2012, 439
2012-2013, and 2013-2014 school years shall not be a public 440
record.441

       (5) Each assessment prescribed by division (B)(1) of section 442
3301.0710 of the Revised Code shall not be a public record.443

       (6) Beginning with the spring administration for the 444
2014-2015 school year, questions on the assessments prescribed 445
under division (A) of section 3301.0710 and division (B)(2) of 446
section 3301.0712 of the Revised Code and the corresponding 447
preferred answers that are used to compute a student's score shall 448
become a public record as follows:449

        (a) Forty per cent of the questions and preferred answers on 450
the assessments on the thirty-first day of July following the 451
administration of the assessment;452

        (b) Twenty per cent of the questions and preferred answers on 453
the assessment on the thirty-first day of July one year after the 454
administration of the assessment; 455

       (c) The remaining forty per cent of the questions and 456
preferred answers on the assessment on the thirty-first day of 457
July two years after the administration of the assessment. 458

       The entire content of an assessment shall become a public 459
record within three years of its administration.460

       The department shall make the questions that become a public 461
record under this division readily accessible to the public on the 462
department's web site. Questions on the spring administration of 463
each assessment shall be released on an annual basis, in 464
accordance with this division.465

       (O) As used in this section:466

        (1) "Three-year average" means the average of the most recent 467
consecutive three school years of data.468

        (2) "Dropout" means a student who withdraws from school 469
before completing course requirements for graduation and who is 470
not enrolled in an education program approved by the state board 471
of education or an education program outside the state. "Dropout" 472
does not include a student who has departed the country.473

        (3) "Graduation rate" means the ratio of students receiving a 474
diploma to the number of students who entered ninth grade four 475
years earlier. Students who transfer into the district are added 476
to the calculation. Students who transfer out of the district for 477
reasons other than dropout are subtracted from the calculation. If 478
a student who was a dropout in any previous year returns to the 479
same school district, that student shall be entered into the 480
calculation as if the student had entered ninth grade four years 481
before the graduation year of the graduating class that the 482
student joins.483

       (4) "State scholarship programs" means the educational choice 484
scholarship pilot program established under sections 3310.01 to 485
3310.17 of the Revised Code, the autism scholarship program 486
established under section 3310.41 of the Revised Code, the Jon 487
Peterson special needs scholarship program established under 488
sections 3310.51 to 3310.64 of the Revised Code, and the pilot 489
project scholarship program established under sections 3313.974 to 490
3313.979 of the Revised Code.491

       Sec. 3301.0712.  (A) The state board of education, the 492
superintendent of public instruction, and the chancellor of the 493
Ohio board of regents shall develop a system of college and work 494
ready assessments as described in division (B) of this section to 495
assess whether each student upon graduating from high school is 496
ready to enter college or the workforce. Beginning with students 497
who enter the ninth grade for the first time on or after July 1, 498
2014, the system shall replace the Ohio graduation tests 499
prescribed in division (B)(1) of section 3301.0710 of the Revised 500
Code as a measure of student academic performance and one 501
determinant of eligibility for a high school diploma in the manner 502
prescribed by rule of the state board adopted under division (D) 503
of this section.504

       (B) The college and work ready assessment system shall 505
consist of the following:506

       (1) A nationallyNationally standardized assessment507
assessments that measuresmeasure college and career readiness, is508
and are used for college admission, and includes components in 509
English, mathematics, science, and social studies. The assessment510
assessments shall be selected jointly by the state superintendent 511
and the chancellor, and one of which shall be selected by each 512
school district or school to administer to its students. The 513
assessmentassessments prescribed under division (B)(1) of this 514
section shall be administered to all eleventh-grade students in 515
the spring of the school year.516

       (2) Seven end-of-course examinations, one in each of the 517
areas of English language arts I, English language arts II, 518
physical science, Algebra I, geometry, American history, and 519
American government. The end-of-course examinations shall be 520
selected jointly by the state superintendent and the chancellor in 521
consultation with faculty in the appropriate subject areas at 522
institutions of higher education of the university system of Ohio. 523
Advanced placement examinations,and international baccalaureate 524
examinations, and dual enrollment or advanced standing program 525
examinations, as prescribed under section 3313.6013 of the Revised 526
Code, in the areas of physical science, American history, and 527
American government may be used as end-of-course examinations in 528
accordance with division (B)(4)(a)(i) of this section. Final 529
course grades for courses taken under any other advanced standing 530
program, as prescribed under section 3313.6013 of the Revised 531
Code, in the areas of science, American history, and American 532
government may be used in lieu of end-of-course examinations in 533
accordance with division (B)(4)(a)(ii) of this section.534

       (3)(a) Not later than July 1, 2013, each school district 535
board of education shall adopt interim end-of-course examinations 536
that comply with the requirements of divisions (B)(3)(b)(i) and 537
(ii) of this section to assess mastery of American history and 538
American government standards adopted under division (A)(1)(b) of 539
section 3301.079 of the Revised Code and the topics required under 540
division (M) of section 3313.603 of the Revised Code. Each high 541
school of the district shall use the interim examinations until 542
the state superintendent and chancellor select end-of-course 543
examinations in American history and American government under 544
division (B)(2) of this section.545

       (b) Not later than July 1, 2014, the state superintendent and 546
the chancellor shall select the end-of-course examinations in 547
American history and American government. 548

       (i) The end-of-course examinations in American history and 549
American government shall require demonstration of mastery of the 550
American history and American government content for social 551
studies standards adopted under division (A)(1)(b) of section 552
3301.079 of the Revised Code and the topics required under 553
division (M) of section 3313.603 of the Revised Code.554

       (ii) At least twenty per cent of the end-of-course 555
examination in American government shall address the topics on 556
American history and American government described in division (M) 557
of section 3313.603 of the Revised Code.558

       (4)(a) Notwithstanding anything to the contrary in this 559
section, beginning with the 2014-2015 school year, ifboth of the 560
following shall apply:561

       (i) If a student is enrolled in an appropriate advanced 562
placement or international baccalaureate course or is enrolled 563
under any other dual enrollment or advanced standing program, that 564
student shall take the advanced placement or international 565
baccalaureate examination or applicable examination under dual 566
enrollment or advanced standing in lieu of the physical science, 567
American history, or American government end-of-course 568
examinations prescribed under division (B)(2) of this section. The 569
state board shall specify the score levels for each advanced 570
placement examination,and international baccalaureate 571
examination, and examination required under other dual enrollment 572
or advanced standing programs for purposes of calculating the 573
minimum cumulative performance score that demonstrates the level 574
of academic achievement necessary to earn a high school diploma.575

       (ii) If a student is enrolled in an appropriate course under 576
any other advanced standing program, as described in section 577
3313.6013 of the Revised Code, that student shall not be required 578
to take the science, American history, or American government 579
end-of-course examination, whichever is applicable, prescribed 580
under division (B)(2) of this section. Instead, that student's 581
final course grade shall be used in lieu of the applicable 582
end-of-course examination prescribed under that section. The state 583
superintendent, in consultation with the chancellor, shall adopt 584
guidelines for purposes of calculating the corresponding final 585
course grades that demonstrate the level of academic achievement 586
necessary to earn a high school diploma.587

       Division (B)(4)(a)(ii) of this section shall apply only to 588
courses for which students receive transcripted credit, as defined 589
in division (U) of section 3365.01 of the Revised Code. It shall 590
not apply to remedial or developmental courses.591

       (b) No student shall take a substitute examination or 592
examination prescribed under division (B)(4)(a) of this section in 593
place of the end-of-course examinations in English language arts 594
I, English language arts II, Algebra I, or geometry prescribed 595
under division (B)(2) of this section.596

       (c) The state board shall consider additional assessments 597
that may be used, beginning with the 2016-2017 school year, as 598
substitute examinations in lieu of the end-of-course examinations 599
prescribed under division (B)(2) of this section.600

       (5)(a) The state board shall determinedo all of the 601
following:602

       (a) Determine and designate at least five ranges of scores on 603
each of the end-of-course examinations prescribed under division 604
(B)(2) of this section, and substitute examinations prescribed 605
under division (B)(4) of this section. Each range of scores shall 606
be considered to demonstrate a level of achievement so that any 607
student attaining a score within such range has achieved one of 608
the following:609

       (i) An advanced level of skill; 610

       (ii) An accelerated level of skill; 611

       (iii) A proficient level of skill; 612

       (iv) A basic level of skill; 613

       (v) A limited level of skill.614

       (b) Determine a method by which to calculate a cumulative 615
performance score based on the results of a student's 616
end-of-course examinations or substitute examinations;617

       (c) Determine the minimum cumulative performance score that 618
demonstrates the level of academic achievement necessary to earn a 619
high school diploma;620

       (d) Develop a table of corresponding score equivalents for 621
the end-of-course examinations and substitute examinations in 622
order to calculate student performance consistently across the 623
different examinations.624

       (6) Any student who received high school credit prior to July 625
1, 2014, for a course for which an end-of-course examination is 626
prescribed by division (B)(2) of this section shall not be 627
required to take that end-of-course examination. Receipt(a) A 628
student who meets both of the following conditions shall not be 629
required to take an end-of-course examination:630

       (i) The student received high school credit prior to July 1, 631
2015, for a course for which the end-of-course examination is 632
prescribed.633

       (ii) The examination was not available for administration 634
prior to July 1, 2015.635

       Receipt of credit for thatthe course described in division 636
(B)(6)(a)(i) of this section shall satisfy the requirement to take 637
the end-of-course examination. A student exempted under division 638
(B)(6)(a) of this section may take the applicable end-of-course 639
examination at a later date.640

       (b) For purposes of determining whether a student who is 641
exempt from taking an end-of-course examination under division 642
(B)(6)(a) of this section has attained the cumulative score 643
prescribed by division (B)(5)(c) of this section, such student 644
shall select either of the following:645

       (i) The student is considered to have attained a proficient 646
score on the end-of-course examination from which the student is 647
exempt;648

       (ii) The student's final course grade shall be used in lieu 649
of a score on the end-of-course examination from which the student 650
is exempt. 651

       The state superintendent, in consultation with the 652
chancellor, shall adopt guidelines for purposes of calculating the 653
corresponding final course grades and the minimum cumulative 654
performance score that demonstrates the level of academic 655
achievement necessary to earn a high school diploma.656

       (7)(a) Notwithstanding anything to the contrary in this 657
section, the state board may replace the algebra I end-of-course 658
examination prescribed under division (B)(2) of this section with 659
an algebra II end-of-course examination, beginning with the 660
2016-2017 school year for students who enter ninth grade on or 661
after July 1, 2016. 662

       (b) If the state board replaces the algebra I end-of-course 663
examination with an algebra II end-of-course examination as 664
authorized under division (B)(7)(a) of this section, aboth of the 665
following shall apply:666

       (i) A student who is enrolled in an advanced placement or 667
international baccalaureate course in algebra II or is enrolled 668
under any other dual enrollment or advanced standing program in 669
algebra II shall take the advanced placement or international 670
baccalaureate examination or applicable examination under dual 671
enrollment or advanced standing in lieu of the algebra II 672
end-of-course examination.673

       (ii) A student who is enrolled in an algebra II course under 674
any other advanced standing program, as described in section 675
3313.6013 of the Revised Code, shall not be required to take the 676
algebra II end-of-course examination. Instead, that student's 677
final course grade shall be used in lieu of the examination.678

       (c) If a school district or school utilizes an integrated 679
approach to mathematics instruction, the district or school may do 680
either or both of the following:681

       (i) Administer an integrated mathematics I end-of-course 682
examination in lieu of the prescribed algebra I end-of-course 683
examination;684

       (ii) Administer an integrated mathematics II end-of-course 685
examination in lieu of the prescribed geometry end-of-course 686
examination.687

       (8)(a) For students entering the ninth grade for the first 688
time on or after July 1, 2014, but prior to July 1, 2015, the 689
assessment in the area of science shall be physical science or 690
biology. For students entering the ninth grade for the first time 691
on or after July 1, 2015, the assessment in the area of science 692
shall be biology.693

        (b) Until July 1, 2019, the department of education shall 694
make available the end-of-course examination in physical science 695
for students who entered the ninth grade for the first time on or 696
after July 1, 2014, but prior to July 1, 2015, and who wish to 697
retake the examination.698

        (c) Not later than July 1, 2016, the state board shall adopt 699
rules prescribing the requirements for the end-of-course 700
examination in science for students who entered the ninth grade 701
for the first time on or after July 1, 2014, but prior to July 1, 702
2015, and who have not met the requirement prescribed by section 703
3313.618 of the Revised Code by July 1, 2019, due to a student's 704
failure to satisfy division (A)(2) of section 3313.618 of the 705
Revised Code. 706

       (9) Neither the state board nor the department of education 707
shall develop or administer an end-of-course examination in the 708
area of world history.709

       (C) The state board shall convene a group of national 710
experts, state experts, and local practitioners to provide advice, 711
guidance, and recommendations for the alignment of standards and 712
model curricula to the assessments and in the design of the 713
end-of-course examinations prescribed by this section.714

       (D) Upon completion of the development of the assessment 715
system, the state board shall adopt rules prescribing all of the 716
following:717

       (1) A timeline and plan for implementation of the assessment 718
system, including a phased implementation if the state board 719
determines such a phase-in is warranted;720

        (2) The date after which a person shall meet the requirements 721
of the entire assessment system as a prerequisite for a diploma of 722
adult education under section 3313.611 of the Revised Code;723

       (3) Whether and the extent to which a person may be excused 724
from an American history end-of-course examination and an American 725
government end-of-course examination under division (H) of section 726
3313.61 and division (B)(3) of section 3313.612 of the Revised 727
Code;728

       (4) The date after which a person who has fulfilled the 729
curriculum requirement for a diploma but has not passed one or 730
more of the required assessments at the time the person fulfilled 731
the curriculum requirement shall meet the requirements of the 732
entire assessment system as a prerequisite for a high school 733
diploma under division (B) of section 3313.614 of the Revised 734
Code;735

       (5) The extent to which the assessment system applies to 736
students enrolled in a dropout recovery and prevention program for 737
purposes of division (F) of section 3313.603 and section 3314.36 738
of the Revised Code.739

       (E) Not later than forty-five days prior to the state board's 740
adoption of a resolution directing the department of education to 741
file the rules prescribed by division (D) of this section in final 742
form under section 119.04 of the Revised Code, the superintendent 743
of public instruction shall present the assessment system 744
developed under this section to the respective committees of the 745
house of representatives and senate that consider education 746
legislation.747

       (F)(1) Any person enrolled in a nonchartered nonpublic school 748
or any person who has been excused from attendance at school for 749
the purpose of home instruction under section 3321.04 of the 750
Revised Code may choose to participate in the system of 751
assessments administered under divisions (B)(1) and (2) of this 752
section. However, no such person shall be required to participate 753
in the system of assessments.754

       (2) The department shall adopt rules for the administration 755
and scoring of any assessments under division (F)(1) of this 756
section.757

       (G) Not later than December 31, 2014, the state board shall 758
select at least one nationally recognized job skills assessment. 759
Each school district shall administer that assessment to those 760
students who opt to take it. The state shall reimburse a school 761
district for the costs of administering that assessment. The state 762
board shall establish the minimum score a student must attain on 763
the job skills assessment in order to demonstrate a student's 764
workforce readiness and employability. The administration of the 765
job skills assessment to a student under this division shall not 766
exempt a school district from administering the assessments 767
prescribed in division (B) of this section to that student.768

       Sec. 3301.0715.  (A) Except as otherwise required under 769
division (B)(1) of section 3313.608 of the Revised Code, the board 770
of education of each city, local, and exempted village school 771
district shall administer each applicable diagnostic assessment 772
developed and provided to the district in accordance with section 773
3301.079 of the Revised Code to the following:774

       (1) Any student who transfers into the district or to a 775
different school within the district if each applicable diagnostic 776
assessment was not administered by the district or school the 777
student previously attended in the current school year, within 778
thirty days after the date of transfer. If the district or school 779
into which the student transfers cannot determine whether the 780
student has taken any applicable diagnostic assessment in the 781
current school year, the district or school may administer the 782
diagnostic assessment to the student. However, if a student 783
transfers into the district prior to the administration of the 784
diagnostic assessments to all students under division (B) of this 785
section, the district may administer the diagnostic assessments to 786
that student on the date or dates determined under that division.787

       (2) Each kindergarten student, not earlier than the first day 788
of the school year and not later than the first day of November, 789
except that the language and reading skills portion of the 790
assessment shall be administered by the thirtieth day of September 791
to fulfill the requirements of division (B) of section 3313.608 of 792
the Revised Code.793

       For the purpose of division (A)(2) of this section, the 794
district shall administer the kindergarten readiness assessment 795
provided by the department of education. In no case shall the 796
results of the readiness assessment be used to prohibit a student 797
from enrolling in kindergarten.798

       (3) Each student enrolled in first, second, or third grade.799

       Division (A) of this section does not apply to students with 800
significant cognitive disabilities, as defined by the department 801
of education.802

       (B) Each district board shall administer each diagnostic 803
assessment when the board deems appropriate, provided the 804
administration complies with section 3313.608 of the Revised Code. 805
However, the board shall administer any diagnostic assessment at 806
least once annually to all students in the appropriate grade 807
level. A district board may administer any diagnostic assessment 808
in the fall and spring of a school year to measure the amount of 809
academic growth attributable to the instruction received by 810
students during that school year.811

       (C) Any district that received a grade of "A" or "B" for the 812
performance index score under division (A)(1)(b), (B)(1)(b), or 813
(C)(1)(b) of section 3302.03 of the Revised Code or for the 814
value-added progress dimension under division (A)(1)(e), 815
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for 816
the immediately preceding school year may use different diagnostic 817
assessments from those adopted under division (D) of section 818
3301.079 of the Revised Code in order to satisfy the requirements 819
of division (A)(3) of this section.820

       (D) Each district board shall utilize and score any 821
diagnostic assessment administered under division (A) of this 822
section in accordance with rules established by the department. 823
After the administration of any diagnostic assessment, each 824
district shall provide a student's completed diagnostic 825
assessment, the results of such assessment, and any other 826
accompanying documents used during the administration of the 827
assessment to the parent of that student, and shall include all 828
such documents and information in any plan developed for the 829
student under division (C) of section 3313.608 of the Revised 830
Code. Each district shall submit to the department, in the manner 831
the department prescribes, the results of the diagnostic 832
assessments administered under this section, regardless of the 833
type of assessment used under section 3313.608 of the Revised 834
Code. The department may issue reports with respect to the data 835
collected. The department may report school and district level 836
kindergarten diagnostic assessment data and use diagnostic 837
assessment data to calculate the measure prescribed by divisions 838
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.839

       (E) Each district board shall provide intervention services 840
to students whose diagnostic assessments show that they are 841
failing to make satisfactory progress toward attaining the 842
academic standards for their grade level.843

       Sec. 3313.60.  Notwithstanding division (D) of section 844
3311.52 of the Revised Code, divisions (A) to (E) of this section 845
do not apply to any cooperative education school district 846
established pursuant to divisions (A) to (C) of section 3311.52 of 847
the Revised Code.848

       (A) The board of education of each city, exempted village, 849
and local school district and the board of each cooperative 850
education school district established, pursuant to section 851
3311.521 of the Revised Code, shall prescribe a curriculum for all 852
schools under its control. Except as provided in division (E) of 853
this section, in any such curriculum there shall be included the 854
study of the following subjects:855

       (1) The language arts, including reading, writing, spelling, 856
oral and written English, and literature;857

       (2) Geography, the history of the United States and of Ohio, 858
and national, state, and local government in the United States, 859
including a balanced presentation of the relevant contributions to 860
society of men and women of African, Mexican, Puerto Rican, and 861
American Indian descent as well as other ethnic and racial groups 862
in Ohio and the United States;863

       (3) Mathematics;864

       (4) Natural science, including instruction in the 865
conservation of natural resources;866

       (5) Health education, which shall include instruction in:867

       (a) The nutritive value of foods, including natural and 868
organically produced foods, the relation of nutrition to health, 869
and the use and effects of food additives;870

       (b) The harmful effects of and legal restrictions against the 871
use of drugs of abuse, alcoholic beverages, and tobacco;872

       (c) Venereal disease education, except that upon written 873
request of the student's parent or guardian, a student shall be 874
excused from taking instruction in venereal disease education;875

       (d) In grades kindergarten through six, instruction in 876
personal safety and assault prevention, except that upon written 877
request of the student's parent or guardian, a student shall be 878
excused from taking instruction in personal safety and assault 879
prevention;880

       (e) In grades seven through twelve, age-appropriate 881
instruction in dating violence prevention education, which shall 882
include instruction in recognizing dating violence warning signs 883
and characteristics of healthy relationships. 884

       In order to assist school districts in developing a dating 885
violence prevention education curriculum, the department of 886
education shall provide on its web site links to free curricula 887
addressing dating violence prevention. 888

       If the parent or legal guardian of a student less than 889
eighteen years of age submits to the principal of the student's 890
school a written request to examine the dating violence prevention 891
instruction materials used at that school, the principal, within a 892
reasonable period of time after the request is made, shall allow 893
the parent or guardian to examine those materials at that school.894

       (f) Prescription opioid abuse prevention, with an emphasis on 895
the prescription drug epidemic and the connection between 896
prescription opioid abuse and addiction to other drugs, such as 897
heroin.898

       (6) Physical education;899

       (7) The fine arts, including music;900

       (8) First aid, including a training program in 901
cardiopulmonary resuscitation, safety, and fire prevention, except 902
that upon written request of the student's parent or guardian, a 903
student shall be excused from taking instruction in 904
cardiopulmonary resuscitation.905

       (B) Except as provided in division (E) of this section, every 906
school or school district shall include in the requirements for 907
promotion from the eighth grade to the ninth grade one year's 908
course of study of American history. A board may waive this 909
requirement for academically accelerated students who, in 910
accordance with procedures adopted by the board, are able to 911
demonstrate mastery of essential concepts and skills of the eighth 912
grade American history course of study.913

       (C) As specified in divisions (B)(6) and (C)(6) of section 914
3313.603 of the Revised Code, except as provided in division (E) 915
of this section, every high school shall include in the 916
requirements for graduation from any curriculum one-half unit each 917
of American history and government.918

       (D) Except as provided in division (E) of this section, basic 919
instruction or demonstrated mastery in geography, United States 920
history, the government of the United States, the government of 921
the state of Ohio, local government in Ohio, the Declaration of 922
Independence, the United States Constitution, and the Constitution 923
of the state of Ohio shall be required before pupils may 924
participate in courses involving the study of social problems, 925
economics, foreign affairs, United Nations, world government, 926
socialism, and communism.927

       (E) For each cooperative education school district 928
established pursuant to section 3311.521 of the Revised Code and 929
each city, exempted village, and local school district that has 930
territory within such a cooperative district, the curriculum 931
adopted pursuant to divisions (A) to (D) of this section shall 932
only include the study of the subjects that apply to the grades 933
operated by each such school district. The curriculums for such 934
schools, when combined, shall provide to each student of these 935
districts all of the subjects required under divisions (A) to (D) 936
of this section.937

       (F) The board of education of any cooperative education 938
school district established pursuant to divisions (A) to (C) of 939
section 3311.52 of the Revised Code shall prescribe a curriculum 940
for the subject areas and grade levels offered in any school under 941
its control.942

       (G) Upon the request of any parent or legal guardian of a 943
student, the board of education of any school district shall 944
permit the parent or guardian to promptly examine, with respect to 945
the parent's or guardian's own child:946

       (1) Any survey or questionnaire, prior to its administration 947
to the child;948

       (2) Any textbook, workbook, software, video, or other 949
instructional materials being used by the district in connection 950
with the instruction of the child;951

       (3) Any completed and graded test taken or survey or 952
questionnaire filled out by the child;953

       (4) Copies of the statewide academic standards and each model 954
curriculum developed pursuant to section 3301.079 of the Revised 955
Code, which copies shall be available at all times during school 956
hours in each district school building.957

       Sec. 3313.603.  (A) As used in this section:958

       (1) "One unit" means a minimum of one hundred twenty hours of 959
course instruction, except that for a laboratory course, "one 960
unit" means a minimum of one hundred fifty hours of course 961
instruction.962

       (2) "One-half unit" means a minimum of sixty hours of course 963
instruction, except that for physical education courses, "one-half 964
unit" means a minimum of one hundred twenty hours of course 965
instruction.966

       (B) Beginning September 15, 2001, except as required in 967
division (C) of this section and division (C) of section 3313.614 968
of the Revised Code, the requirements for graduation from every 969
high school shall include twenty units earned in grades nine 970
through twelve and shall be distributed as follows:971

       (1) English language arts, four units;972

       (2) Health, one-half unit;973

       (3) Mathematics, three units;974

       (4) Physical education, one-half unit;975

       (5) Science, two units until September 15, 2003, and three 976
units thereafter, which at all times shall include both of the 977
following:978

       (a) Biological sciences, one unit;979

       (b) Physical sciences, one unit.980

       (6) History and government, one unit, which shall comply with 981
division (M) of this section and shall include both of the 982
following:983

       (a) American history, one-half unit;984

       (b) American government, one-half unit.985

       (7) Social studies, two units.986

       Beginning with students who enter ninth grade for the first 987
time on or after July 1, 2017, the two units of instruction 988
prescribed by division (B)(7) of this section shall include at 989
least one-half unit of instruction in the study of world history 990
and civilizations.991

       (8) Elective units, seven units until September 15, 2003, and 992
six units thereafter.993

       Each student's electives shall include at least one unit, or 994
two half units, chosen from among the areas of 995
business/technology, fine arts, and/or foreign language.996

       (C) Beginning with students who enter ninth grade for the 997
first time on or after July 1, 2010, except as provided in 998
divisions (D) to (F) of this section, the requirements for 999
graduation from every public and chartered nonpublic high school 1000
shall include twenty units that are designed to prepare students 1001
for the workforce and college. The units shall be distributed as 1002
follows:1003

       (1) English language arts, four units;1004

       (2) Health, one-half unit, which shall include instruction in 1005
nutrition and the benefits of nutritious foods and physical 1006
activity for overall health;1007

       (3) Mathematics, four units, which shall include one unit of 1008
algebra II or the equivalent of algebra II;1009

       (4) Physical education, one-half unit;1010

       (5) Science, three units with inquiry-based laboratory 1011
experience that engages students in asking valid scientific 1012
questions and gathering and analyzing information, which shall 1013
include the following, or their equivalent:1014

       (a) Physical sciences, one unit;1015

       (b) Life sciences, one unit;1016

       (c) Advanced study in one or more of the following sciences, 1017
one unit:1018

       (i) Chemistry, physics, or other physical science;1019

       (ii) Advanced biology or other life science;1020

       (iii) Astronomy, physical geology, or other earth or space 1021
science.1022

       (6) History and government, one unit, which shall comply with 1023
division (M) of this section and shall include both of the 1024
following:1025

       (a) American history, one-half unit;1026

       (b) American government, one-half unit.1027

       (7) Social studies, two units.1028

       Each school shall integrate the study of economics and 1029
financial literacy, as expressed in the social studies academic 1030
content standards adopted by the state board of education under 1031
division (A)(1) of section 3301.079 of the Revised Code and the 1032
academic content standards for financial literacy and 1033
entrepreneurship adopted under division (A)(2) of that section, 1034
into one or more existing social studies credits required under 1035
division (C)(7) of this section, or into the content of another 1036
class, so that every high school student receives instruction in 1037
those concepts. In developing the curriculum required by this 1038
paragraph, schools shall use available public-private partnerships 1039
and resources and materials that exist in business, industry, and 1040
through the centers for economics education at institutions of 1041
higher education in the state.1042

       Beginning with students who enter ninth grade for the first 1043
time on or after July 1, 2017, the two units of instruction 1044
prescribed by division (C)(7) of this section shall include at 1045
least one-half unit of instruction in the study of world history 1046
and civilizations.1047

       (8) Five units consisting of one or any combination of 1048
foreign language, fine arts, business, career-technical education, 1049
family and consumer sciences, technology, agricultural education, 1050
a junior reserve officer training corps (JROTC) program approved 1051
by the congress of the United States under title 10 of the United 1052
States Code, or English language arts, mathematics, science, or 1053
social studies courses not otherwise required under division (C) 1054
of this section.1055

       Ohioans must be prepared to apply increased knowledge and 1056
skills in the workplace and to adapt their knowledge and skills 1057
quickly to meet the rapidly changing conditions of the 1058
twenty-first century. National studies indicate that all high 1059
school graduates need the same academic foundation, regardless of 1060
the opportunities they pursue after graduation. The goal of Ohio's 1061
system of elementary and secondary education is to prepare all 1062
students for and seamlessly connect all students to success in 1063
life beyond high school graduation, regardless of whether the next 1064
step is entering the workforce, beginning an apprenticeship, 1065
engaging in post-secondary training, serving in the military, or 1066
pursuing a college degree.1067

        The requirements for graduation prescribed in division (C) of 1068
this section are the standard expectation for all students 1069
entering ninth grade for the first time at a public or chartered 1070
nonpublic high school on or after July 1, 2010. A student may 1071
satisfy this expectation through a variety of methods, including, 1072
but not limited to, integrated, applied, career-technical, and 1073
traditional coursework.1074

       Whereas teacher quality is essential for student success when 1075
completing the requirements for graduation, the general assembly 1076
shall appropriate funds for strategic initiatives designed to 1077
strengthen schools' capacities to hire and retain highly qualified 1078
teachers in the subject areas required by the curriculum. Such 1079
initiatives are expected to require an investment of $120,000,000 1080
over five years.1081

       Stronger coordination between high schools and institutions 1082
of higher education is necessary to prepare students for more 1083
challenging academic endeavors and to lessen the need for academic 1084
remediation in college, thereby reducing the costs of higher 1085
education for Ohio's students, families, and the state. The state 1086
board and the chancellor of the Ohio board of regents shall 1087
develop policies to ensure that only in rare instances will 1088
students who complete the requirements for graduation prescribed 1089
in division (C) of this section require academic remediation after 1090
high school.1091

       School districts, community schools, and chartered nonpublic 1092
schools shall integrate technology into learning experiences 1093
across the curriculum in order to maximize efficiency, enhance 1094
learning, and prepare students for success in the 1095
technology-driven twenty-first century. Districts and schools 1096
shall use distance and web-based course delivery as a method of 1097
providing or augmenting all instruction required under this 1098
division, including laboratory experience in science. Districts 1099
and schools shall utilize technology access and electronic 1100
learning opportunities provided by the broadcast educational media 1101
commission, chancellor, the Ohio learning network, education 1102
technology centers, public television stations, and other public 1103
and private providers.1104

       (D) Except as provided in division (E) of this section, a 1105
student who enters ninth grade on or after July 1, 2010, and 1106
before July 1, 2016, may qualify for graduation from a public or 1107
chartered nonpublic high school even though the student has not 1108
completed the requirements for graduation prescribed in division 1109
(C) of this section if all of the following conditions are 1110
satisfied:1111

       (1) During the student's third year of attending high school, 1112
as determined by the school, the student and the student's parent, 1113
guardian, or custodian sign and file with the school a written 1114
statement asserting the parent's, guardian's, or custodian's 1115
consent to the student's graduating without completing the 1116
requirements for graduation prescribed in division (C) of this 1117
section and acknowledging that one consequence of not completing 1118
those requirements is ineligibility to enroll in most state 1119
universities in Ohio without further coursework.1120

       (2) The student and parent, guardian, or custodian fulfill 1121
any procedural requirements the school stipulates to ensure the 1122
student's and parent's, guardian's, or custodian's informed 1123
consent and to facilitate orderly filing of statements under 1124
division (D)(1) of this section. Annually, each district or school 1125
shall notify the department of education of the number of students 1126
who choose to qualify for graduation under division (D) of this 1127
section and the number of students who complete the student's 1128
success plan and graduate from high school.1129

       (3) The student and the student's parent, guardian, or 1130
custodian and a representative of the student's high school 1131
jointly develop a student success plan for the student in the 1132
manner described in division (C)(1) of section 3313.6020 of the 1133
Revised Code that specifies the student matriculating to a 1134
two-year degree program, acquiring a business and 1135
industry-recognized credential, or entering an apprenticeship.1136

       (4) The student's high school provides counseling and support 1137
for the student related to the plan developed under division 1138
(D)(3) of this section during the remainder of the student's high 1139
school experience.1140

       (5)(a) Except as provided in division (D)(5)(b) of this 1141
section, the student successfully completes, at a minimum, the 1142
curriculum prescribed in division (B) of this section.1143

       (b) Beginning with students who enter ninth grade for the 1144
first time on or after July 1, 2014, a student shall be required 1145
to complete successfully, at the minimum, the curriculum 1146
prescribed in division (B) of this section, except as follows:1147

        (i) Mathematics, four units, one unit which shall be one of 1148
the following:1149

        (I) Probability and statistics;1150

        (II) Computer programming;1151

        (III) Applied mathematics or quantitative reasoning;1152

        (IV) Any other course approved by the department using 1153
standards established by the superintendent not later than October 1154
1, 2014.1155

        (ii) Elective units, five units;1156

        (iii) Science, three units as prescribed by division (B) of 1157
this section which shall include inquiry-based laboratory 1158
experience that engages students in asking valid scientific 1159
questions and gathering and analyzing information.1160

       The department, in collaboration with the chancellor, shall 1161
analyze student performance data to determine if there are 1162
mitigating factors that warrant extending the exception permitted 1163
by division (D) of this section to high school classes beyond 1164
those entering ninth grade before July 1, 2016. The department 1165
shall submit its findings and any recommendations not later than 1166
December 1, 2015, to the speaker and minority leader of the house 1167
of representatives, the president and minority leader of the 1168
senate, the chairpersons and ranking minority members of the 1169
standing committees of the house of representatives and the senate 1170
that consider education legislation, the state board of education, 1171
and the superintendent of public instruction.1172

       (E) Each school district and chartered nonpublic school 1173
retains the authority to require an even more challenging minimum 1174
curriculum for high school graduation than specified in division 1175
(B) or (C) of this section. A school district board of education, 1176
through the adoption of a resolution, or the governing authority 1177
of a chartered nonpublic school may stipulate any of the 1178
following:1179

        (1) A minimum high school curriculum that requires more than 1180
twenty units of academic credit to graduate;1181

        (2) An exception to the district's or school's minimum high 1182
school curriculum that is comparable to the exception provided in 1183
division (D) of this section but with additional requirements, 1184
which may include a requirement that the student successfully 1185
complete more than the minimum curriculum prescribed in division 1186
(B) of this section;1187

        (3) That no exception comparable to that provided in division 1188
(D) of this section is available.1189

       (F) A student enrolled in a dropout prevention and recovery 1190
program, which program has received a waiver from the department, 1191
may qualify for graduation from high school by successfully 1192
completing a competency-based instructional program administered 1193
by the dropout prevention and recovery program in lieu of 1194
completing the requirements for graduation prescribed in division 1195
(C) of this section. The department shall grant a waiver to a 1196
dropout prevention and recovery program, within sixty days after 1197
the program applies for the waiver, if the program meets all of 1198
the following conditions:1199

       (1) The program serves only students not younger than sixteen 1200
years of age and not older than twenty-one years of age.1201

       (2) The program enrolls students who, at the time of their 1202
initial enrollment, either, or both, are at least one grade level 1203
behind their cohort age groups or experience crises that 1204
significantly interfere with their academic progress such that 1205
they are prevented from continuing their traditional programs.1206

       (3) The program requires students to attain at least the 1207
applicable score designated for each of the assessments prescribed 1208
under division (B)(1) of section 3301.0710 of the Revised Code or, 1209
to the extent prescribed by rule of the state board under division 1210
(D)(5) of section 3301.0712 of the Revised Code, division (B)(2) 1211
of that section.1212

       (4) The program develops a student success plan for the 1213
student in the manner described in division (C)(1) of section 1214
3313.6020 of the Revised Code that specifies the student's 1215
matriculating to a two-year degree program, acquiring a business 1216
and industry-recognized credential, or entering an apprenticeship.1217

       (5) The program provides counseling and support for the 1218
student related to the plan developed under division (F)(4) of 1219
this section during the remainder of the student's high school 1220
experience.1221

       (6) The program requires the student and the student's 1222
parent, guardian, or custodian to sign and file, in accordance 1223
with procedural requirements stipulated by the program, a written 1224
statement asserting the parent's, guardian's, or custodian's 1225
consent to the student's graduating without completing the 1226
requirements for graduation prescribed in division (C) of this 1227
section and acknowledging that one consequence of not completing 1228
those requirements is ineligibility to enroll in most state 1229
universities in Ohio without further coursework.1230

       (7) Prior to receiving the waiver, the program has submitted 1231
to the department an instructional plan that demonstrates how the 1232
academic content standards adopted by the state board under 1233
section 3301.079 of the Revised Code will be taught and assessed.1234

       (8) Prior to receiving the waiver, the program has submitted 1235
to the department a policy on career advising that satisfies the 1236
requirements of section 3313.6020 of the Revised Code, with an 1237
emphasis on how every student will receive career advising.1238

       (9) Prior to receiving the waiver, the program has submitted 1239
to the department a written agreement outlining the future 1240
cooperation between the program and any combination of local job 1241
training, postsecondary education, nonprofit, and health and 1242
social service organizations to provide services for students in 1243
the program and their families.1244

       Divisions (F)(8) and (9) of this section apply only to 1245
waivers granted on or after July 1, 2015.1246

       If the department does not act either to grant the waiver or 1247
to reject the program application for the waiver within sixty days 1248
as required under this section, the waiver shall be considered to 1249
be granted.1250

       (G) Every high school may permit students below the ninth 1251
grade to take advanced work. If a high school so permits, it shall 1252
award high school credit for successful completion of the advanced 1253
work and shall count such advanced work toward the graduation 1254
requirements of division (B) or (C) of this section if the 1255
advanced work was both:1256

       (1) Taught by a person who possesses a license or certificate 1257
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 1258
Code that is valid for teaching high school;1259

       (2) Designated by the board of education of the city, local, 1260
or exempted village school district, the board of the cooperative 1261
education school district, or the governing authority of the 1262
chartered nonpublic school as meeting the high school curriculum 1263
requirements.1264

        Each high school shall record on the student's high school 1265
transcript all high school credit awarded under division (G) of 1266
this section. In addition, if the student completed a seventh- or 1267
eighth-grade fine arts course described in division (K) of this 1268
section and the course qualified for high school credit under that 1269
division, the high school shall record that course on the 1270
student's high school transcript.1271

       (H) The department shall make its individual academic career 1272
plan available through its Ohio career information system web site 1273
for districts and schools to use as a tool for communicating with 1274
and providing guidance to students and families in selecting high 1275
school courses.1276

        (I) Units earned in English language arts, mathematics, 1277
science, and social studies that are delivered through integrated 1278
academic and career-technical instruction are eligible to meet the 1279
graduation requirements of division (B) or (C) of this section.1280

       (J) The state board, in consultation with the chancellor, 1281
shall adopt a statewide plan implementing methods for students to 1282
earn units of high school credit based on a demonstration of 1283
subject area competency, instead of or in combination with 1284
completing hours of classroom instruction. The state board shall 1285
adopt the plan not later than March 31, 2009, and commence phasing 1286
in the plan during the 2009-2010 school year. The plan shall 1287
include a standard method for recording demonstrated proficiency 1288
on high school transcripts. Each school district and community 1289
school shall comply with the state board's plan adopted under this 1290
division and award units of high school credit in accordance with 1291
the plan. The state board may adopt existing methods for earning 1292
high school credit based on a demonstration of subject area 1293
competency as necessary prior to the 2009-2010 school year.1294

       (K) This division does not apply to students who qualify for 1295
graduation from high school under division (D) or (F) of this 1296
section, or to students pursuing a career-technical instructional 1297
track as determined by the school district board of education or 1298
the chartered nonpublic school's governing authority. 1299
Nevertheless, the general assembly encourages such students to 1300
consider enrolling in a fine arts course as an elective.1301

       Beginning with students who enter ninth grade for the first 1302
time on or after July 1, 2010, each student enrolled in a public 1303
or chartered nonpublic high school shall complete two semesters or 1304
the equivalent of fine arts to graduate from high school. The 1305
coursework may be completed in any of grades seven to twelve. Each 1306
student who completes a fine arts course in grade seven or eight 1307
may elect to count that course toward the five units of electives 1308
required for graduation under division (C)(8) of this section, if 1309
the course satisfied the requirements of division (G) of this 1310
section. In that case, the high school shall award the student 1311
high school credit for the course and count the course toward the 1312
five units required under division (C)(8) of this section. If the 1313
course in grade seven or eight did not satisfy the requirements of 1314
division (G) of this section, the high school shall not award the 1315
student high school credit for the course but shall count the 1316
course toward the two semesters or the equivalent of fine arts 1317
required by this division.1318

       (L) Notwithstanding anything to the contrary in this section, 1319
the board of education of each school district and the governing 1320
authority of each chartered nonpublic school may adopt a policy to 1321
excuse from the high school physical education requirement each 1322
student who, during high school, has participated in 1323
interscholastic athletics, marching band, or cheerleading for at 1324
least two full seasons or in the junior reserve officer training 1325
corps for at least two full school years. If the board or 1326
authority adopts such a policy, the board or authority shall not 1327
require the student to complete any physical education course as a 1328
condition to graduate. However, the student shall be required to 1329
complete one-half unit, consisting of at least sixty hours of 1330
instruction, in another course of study. In the case of a student 1331
who has participated in the junior reserve officer training corps 1332
for at least two full school years, credit received for that 1333
participation may be used to satisfy the requirement to complete 1334
one-half unit in another course of study.1335

       (M) It is important that high school students learn and 1336
understand United States history and the governments of both the 1337
United States and the state of Ohio. Therefore, beginning with 1338
students who enter ninth grade for the first time on or after July 1339
1, 2012, the study of American history and American government 1340
required by divisions (B)(6) and (C)(6) of this section shall 1341
include the study of all of the following documents:1342

        (1) The Declaration of Independence;1343

        (2) The Northwest Ordinance;1344

        (3) The Constitution of the United States with emphasis on 1345
the Bill of Rights;1346

        (4) The Ohio Constitution.1347

        The study of each of the documents prescribed in divisions 1348
(M)(1) to (4) of this section shall include study of that document 1349
in its original context.1350

        The study of American history and government required by 1351
divisions (B)(6) and (C)(6) of this section shall include the 1352
historical evidence of the role of documents such as the 1353
Federalist Papers and the Anti-Federalist Papers to firmly 1354
establish the historical background leading to the establishment 1355
of the provisions of the Constitution and Bill of Rights.1356

       Sec. 3313.608.  (A)(1) Beginning with students who enter 1357
third grade in the school year that starts July 1, 2009, and until 1358
June 30, 2013, unless the student is excused under division (C) of 1359
section 3301.0711 of the Revised Code from taking the assessment 1360
described in this section, for any student who does not attain at 1361
least the equivalent level of achievement designated under 1362
division (A)(3) of section 3301.0710 of the Revised Code on the 1363
assessment prescribed under that section to measure skill in 1364
English language arts expected at the end of third grade, each 1365
school district, in accordance with the policy adopted under 1366
section 3313.609 of the Revised Code, shall do one of the 1367
following:1368

       (a) Promote the student to fourth grade if the student's 1369
principal and reading teacher agree that other evaluations of the 1370
student's skill in reading demonstrate that the student is 1371
academically prepared to be promoted to fourth grade;1372

       (b) Promote the student to fourth grade but provide the 1373
student with intensive intervention services in fourth grade;1374

       (c) Retain the student in third grade.1375

        (2) Beginning with students who enter third grade in the 1376
2013-2014 school year, unless the student is excused under 1377
division (C) of section 3301.0711 of the Revised Code from taking 1378
the assessment described in this section, no school district shall 1379
promote to fourth grade any student who does not attain at least 1380
the equivalent level of achievement designated under division 1381
(A)(3) of section 3301.0710 of the Revised Code on the assessment 1382
prescribed under that section to measure skill in English language 1383
arts expected at the end of third grade, unless one of the 1384
following applies: 1385

       (a) The student is a limited English proficient student who 1386
has been enrolled in United States schools for less than three 1387
full school years and has had less than three years of instruction 1388
in an English as a second language program.1389

       (b) The student is a child with a disability entitled to 1390
special education and related services under Chapter 3323. of the 1391
Revised Code and the student's individualized education program 1392
exempts the student from retention under this division.1393

       (c) The student demonstrates an acceptable level of 1394
performance on an alternative standardized reading assessment as 1395
determined by the department of education.1396

       (d) All of the following apply:1397

       (i) The student is a child with a disability entitled to 1398
special education and related services under Chapter 3323. of the 1399
Revised Code.1400

       (ii) The student has taken the third grade English language 1401
arts achievement assessment prescribed under section 3301.0710 of 1402
the Revised Code.1403

       (iii) The student's individualized education program or plan 1404
under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 1405
355, 29 U.S.C. 794, as amended, shows that the student has 1406
received intensive remediation in reading for two school years but 1407
still demonstrates a deficiency in reading.1408

       (iv) The student previously was retained in any of grades 1409
kindergarten to three.1410

       (e)(i) The student received intensive remediation for reading 1411
for two school years but still demonstrates a deficiency in 1412
reading and was previously retained in any of grades kindergarten 1413
to three.1414

       (ii) A student who is promoted under division (A)(2)(e)(i) of 1415
this section shall continue to receive intensive reading 1416
instruction in grade four. The instruction shall include an 1417
altered instructional day that includes specialized diagnostic 1418
information and specific research-based reading strategies for the 1419
student that have been successful in improving reading among 1420
low-performing readers.1421

       (B)(1) Beginning in the 2012-2013 school year, to assist 1422
students in meeting the third grade guarantee established by this 1423
section, each school district board of education shall adopt 1424
policies and procedures with which it annually shall assess the 1425
reading skills of each student, except those students with 1426
significant cognitive disabilities or other disabilities as 1427
authorized by the department on a case-by-case basis, enrolled in 1428
kindergarten to third grade by the thirtieth day of September and 1429
shall identify students who are reading below their grade level. 1430
Each district shall use the diagnostic assessment to measure 1431
reading ability for the appropriate grade level adopted under 1432
section 3301.079 of the Revised Code, or a comparable tool 1433
approved by the department of education, to identify such 1434
students. The policies and procedures shall require the students' 1435
classroom teachers to be involved in the assessment and the 1436
identification of students reading below grade level. 1437

       (2) For each student identified by the diagnostic assessment 1438
prescribed under this section as having reading skills below grade 1439
level, the district shall do both of the following:1440

       (a) Provide to the student's parent or guardian, in writing, 1441
all of the following:1442

       (i) Notification that the student has been identified as 1443
having a substantial deficiency in reading;1444

       (ii) A description of the current services that are provided 1445
to the student;1446

       (iii) A description of the proposed supplemental 1447
instructional services and supports that will be provided to the 1448
student that are designed to remediate the identified areas of 1449
reading deficiency;1450

       (iv) Notification that if the student attains a score in the 1451
range designated under division (A)(3) of section 3301.0710 of the 1452
Revised Code on the assessment prescribed under that section to 1453
measure skill in English language arts expected at the end of 1454
third grade, the student shall be retained unless the student is 1455
exempt under division (A) of this section. The notification shall 1456
specify that the assessment under section 3301.0710 of the Revised 1457
Code is not the sole determinant of promotion and that additional 1458
evaluations and assessments are available to the student to assist 1459
parents and the district in knowing when a student is reading at 1460
or above grade level and ready for promotion.1461

       (b) Provide intensive reading instruction services and 1462
regular diagnostic assessments to the student immediately 1463
following identification of a reading deficiency until the 1464
development of the reading improvement and monitoring plan 1465
required by division (C) of this section. These intervention 1466
services shall include research-based reading strategies that have 1467
been shown to be successful in improving reading among 1468
low-performing readers and instruction targeted at the student's 1469
identified reading deficiencies.1470

       (3) For each student retained under division (A) of this 1471
section, the district shall do all of the following:1472

       (a) Provide intense remediation services until the student is 1473
able to read at grade level. The remediation services shall 1474
include intensive interventions in reading that address the areas 1475
of deficiencies identified under this section including, but not 1476
limited to, not less than ninety minutes of reading instruction 1477
per day, and may include any of the following:1478

       (i) Small group instruction;1479

       (ii) Reduced teacher-student ratios;1480

       (iii) More frequent progress monitoring;1481

       (iv) Tutoring or mentoring;1482

       (v) Transition classes containing third and fourth grade 1483
students;1484

       (vi) Extended school day, week, or year;1485

       (vii) Summer reading camps.1486

       (b) Establish a policy for the mid-year promotion of a 1487
student retained under division (A) of this section who 1488
demonstrates that the student is reading at or above grade level; 1489

       (c) Provide each student with a teacher who satisfies one or 1490
more of the criteria set forth in division (H) of this section.1491

       The district shall offer the option for students to receive 1492
applicable services from one or more providers other than the 1493
district. Providers shall be screened and approved by the district 1494
or the department of education. If the student participates in the 1495
remediation services and demonstrates reading proficiency in 1496
accordance with standards adopted by the department prior to the 1497
start of fourth grade, the district shall promote the student to 1498
that grade.1499

       (4) For each student retained under division (A) of this 1500
section who has demonstrated proficiency in a specific academic 1501
ability field, each district shall provide instruction 1502
commensurate with student achievement levels in that specific 1503
academic ability field.1504

       As used in this division, "specific academic ability field" 1505
has the same meaning as in section 3324.01 of the Revised Code.1506

       (C) For each student required to be provided intervention 1507
services under this section, the district shall develop a reading 1508
improvement and monitoring plan within sixty days after receiving 1509
the student's results on the diagnostic assessment or comparable 1510
tool administered under division (B)(1) of this section. The 1511
district shall involve the student's parent or guardian and 1512
classroom teacher in developing the plan. The plan shall include 1513
all of the following:1514

       (1) Identification of the student's specific reading 1515
deficiencies;1516

       (2) A description of the additional instructional services 1517
and support that will be provided to the student to remediate the 1518
identified reading deficiencies;1519

       (3) Opportunities for the student's parent or guardian to be 1520
involved in the instructional services and support described in 1521
division (C)(2) of this section;1522

       (4) A process for monitoring the extent to which the student 1523
receives the instructional services and support described in 1524
division (C)(2) of this section;1525

       (5) A reading curriculum during regular school hours that 1526
does all of the following:1527

       (a) Assists students to read at grade level;1528

       (b) Provides scientifically based and reliable assessment;1529

       (c) Provides initial and ongoing analysis of each student's 1530
reading progress.1531

       (6) A statement that if the student does not attain at least 1532
the equivalent level of achievement designated under division 1533
(A)(3) of section 3301.0710 of the Revised Code on the assessment 1534
prescribed under that section to measure skill in English language 1535
arts expected by the end of third grade, the student may be 1536
retained in third grade.1537

       Each student with a reading improvement and monitoring plan 1538
under this division who enters third grade after July 1, 2013, 1539
shall be assigned to a teacher who satisfies one or more of the 1540
criteria set forth in division (H) of this section.1541

       The district shall report any information requested by the 1542
department about the reading improvement monitoring plans 1543
developed under this division in the manner required by the 1544
department.1545

       (D) Each school district shall report annually to the 1546
department on its implementation and compliance with this section 1547
using guidelines prescribed by the superintendent of public 1548
instruction. The superintendent of public instruction annually 1549
shall report to the governor and general assembly the number and 1550
percentage of students in grades kindergarten through four reading 1551
below grade level based on the diagnostic assessments administered 1552
under division (B) of this section and the achievement assessments 1553
administered under divisions (A)(1)(a) and (b) of section 1554
3301.0710 of the Revised Code in English language arts, aggregated 1555
by school district and building; the types of intervention 1556
services provided to students; and, if available, an evaluation of 1557
the efficacy of the intervention services provided.1558

       (E) Any summer remediation services funded in whole or in 1559
part by the state and offered by school districts to students 1560
under this section shall meet the following conditions:1561

       (1) The remediation methods are based on reliable educational 1562
research.1563

       (2) The school districts conduct assessment before and after 1564
students participate in the program to facilitate monitoring 1565
results of the remediation services.1566

       (3) The parents of participating students are involved in 1567
programming decisions.1568

       (F) Any intervention or remediation services required by this 1569
section shall include intensive, explicit, and systematic 1570
instruction.1571

       (G) This section does not create a new cause of action or a 1572
substantive legal right for any person.1573

       (H)(1) Except as provided under divisions (H)(2), (3), and 1574
(4) of this section, each student described in division (B)(3) or 1575
(C) of this section who enters third grade for the first time on 1576
or after July 1, 2013, shall be assigned a teacher who has at 1577
least one year of teaching experience and who satisfies one or 1578
more of the following criteria:1579

       (a) The teacher holds a reading endorsement on the teacher's 1580
license and has attained a passing score on the corresponding 1581
assessment for that endorsement, as applicable.1582

       (b) The teacher has completed a master's degree program with 1583
a major in reading.1584

       (c) The teacher was rated "most effective" for reading 1585
instruction consecutively for the most recent two years based on 1586
assessments of student growth measures developed by a vendor and 1587
that is on the list of student assessments approved by the state 1588
board under division (B)(2) of section 3319.112 of the Revised 1589
Code.1590

       (d) The teacher was rated "above expected value added," in 1591
reading instruction, as determined by criteria established by the 1592
department, for the most recent, consecutive two years.1593

       (e) The teacher has earned a passing score on a rigorous test 1594
of principles of scientifically research-based reading instruction 1595
as approved by the state board.1596

       (f) The teacher holds an educator license for teaching grades 1597
pre-kindergarten through three or four through nine issued on or 1598
after July 1, 2017.1599

       (2) Notwithstanding division (H)(1) of this section, a 1600
student described in division (B)(3) or (C) of this section who 1601
enters third grade for the first time on or after July 1, 2013, 1602
may be assigned to a teacher with less than one year of teaching 1603
experience provided that the teacher meets one or more of the 1604
criteria described in divisions (H)(1)(a) to (f) of this section 1605
and that teacher is assigned a teacher mentor who meets the 1606
qualifications of division (H)(1) of this section. 1607

       (3) Notwithstanding division (H)(1) of this section, a 1608
student described in division (B)(3) or (C) of this section who 1609
enters third grade for the first time on or after July 1, 2013, 1610
but prior to July 1, 2016, may be assigned to a teacher who holds 1611
an alternative credential approved by the department or who has 1612
successfully completed training that is based on principles of 1613
scientifically research-based reading instruction that has been 1614
approved by the department. Beginning on July 1, 2014, the 1615
alternative credentials and training described in division (H)(3) 1616
of this section shall be aligned with the reading competencies 1617
adopted by the state board of education under section 3301.077 of 1618
the Revised Code.1619

       (4) Notwithstanding division (H)(1) of this section, a 1620
student described in division (B)(3) or (C) of this section who 1621
enters third grade for the first time on or after July 1, 2013, 1622
may receive reading intervention or remediation services under 1623
this section from an individual employed as a speech-language 1624
pathologist who holds a license issued by the board of 1625
speech-language pathology and audiology under Chapter 4753. of the 1626
Revised Code and a professional pupil services license as a school 1627
speech-language pathologist issued by the state board of 1628
education.1629

        (5) A teacher, other than a student's teacher of record, may 1630
provide any services required under this section, so long as that 1631
other teacher meets the requirements of division (H) of this 1632
section and the teacher of record and the school principal agree 1633
to the assignment. Any such assignment shall be documented in the 1634
student's reading improvement and monitoring plan.1635

       As used in this division, "teacher of record" means the 1636
classroom teacher to whom a student is assigned.1637

       (I) Notwithstanding division (H) of this section, a teacher 1638
may teach reading to any student who is an English language 1639
learner, and has been in the United States for three years or 1640
less, or to a student who has an individualized education program 1641
developed under Chapter 3323. of the Revised Code if that teacher 1642
holds an alternative credential approved by the department or has 1643
successfully completed training that is based on principles of 1644
scientifically research-based reading instruction that has been 1645
approved by the department. Beginning on July 1, 2014, the 1646
alternative credentials and training described in this division 1647
shall be aligned with the reading competencies adopted by the 1648
state board of education under section 3301.077 of the Revised 1649
Code.1650

       (J) If, on or after the effective date of this amendmentJune 1651
4, 2013, a school district or community school cannot furnish the 1652
number of teachers needed who satisfy one or more of the criteria 1653
set forth in division (H) of this section for the 2013-2014 school 1654
year, the school district or community school shall develop and 1655
submit a staffing plan by June 30, 2013. The staffing plan shall 1656
include criteria that will be used to assign a student described 1657
in division (B)(3) or (C) of this section to a teacher, 1658
credentials or training held by teachers currently teaching at the 1659
school, and how the school district or community school will meet 1660
the requirements of this section. The school district or community 1661
school shall post the staffing plan on its web site for the 1662
applicable school year.1663

       Not later than March 1, 2014, and on the first day of March 1664
in each year thereafter, a school district or community school 1665
that has submitted a plan under this division shall submit to the 1666
department a detailed report of the progress the district or 1667
school has made in meeting the requirements under this section. 1668

       A school district or community school may request an 1669
extension of a staffing plan beyond the 2013-2014 school year. 1670
Extension requests must be submitted to the department not later 1671
than the thirtieth day of April prior to the start of the 1672
applicable school year. The department may grant extensions valid 1673
through the 2015-2016 school year.1674

       Until June 30, 2015, the department annually shall review all 1675
staffing plans and report to the state board not later than the 1676
thirtieth day of June of each year the progress of school 1677
districts and community schools in meeting the requirements of 1678
this section.1679

       (K) The department of education shall designate one or more 1680
staff members to provide guidance and assistance to school 1681
districts and community schools in implementing the third grade 1682
guarantee established by this section, including any standards or 1683
requirements adopted to implement the guarantee and to provide 1684
information and support for reading instruction and achievement.1685

       Sec. 3313.618. (A) In addition to the applicable curriculum 1686
requirements, each student entering ninth grade for the first time 1687
on or after July 1, 2014, shall satisfy at least one of the 1688
following conditions in order to qualify for a high school 1689
diploma:1690

       (1) Be remediation-free, in accordance with standards adopted 1691
under division (F) of section 3345.061 of the Revised Code, on 1692
each of the nationally standardized assessments in English, 1693
mathematics, and reading;1694

       (2) Attain a score specified under division (B)(5)(c) of 1695
section 3301.0712 of the Revised Code on the end-of-course 1696
examinations prescribed under division (B) of section 3301.0712 of 1697
the Revised Code. For any student who is exempt from taking an 1698
end-of-course examination under division (B)(6) of section 1699
3301.0712 of the Revised Code, in determining whether that student 1700
has attained the cumulative score prescribed by division (B)(5)(c) 1701
of that section, that student shall be considered to have attained 1702
a proficient score on the exempted examination.1703

       (3) Attain a score that demonstrates workforce readiness and 1704
employability on a nationally recognized job skills assessment 1705
selected by the state board of education under division (G) of 1706
section 3301.0712 of the Revised Code and obtain either an 1707
industry-recognized credential, as described under division 1708
(B)(2)(d) of section 3302.03 of the Revised Code, or a license 1709
issued by a state agency or board for practice in a vocation that 1710
requires an examination for issuance of that license.1711

       The state board shall approve the industry-recognized 1712
credentials and licenses that may qualify a student for a high 1713
school diploma under division (A)(3) of this section.1714

       A student may choose to qualify for a high school diploma by 1715
satisfying any of the separate requirements prescribed by 1716
divisions (A)(1) to (3) of this section. If the student's school 1717
district or school does not administer the examination prescribed 1718
by one of those divisions that the student chooses to take to 1719
satisfy the requirements of this section, the school district or 1720
school may require that student to arrange for the applicable 1721
scores to be sent directly to the district or school by the 1722
company or organization that administers the examination.1723

       (B) The state board of education shall not create or require 1724
any additional assessment for the granting of any type of high 1725
school diploma other than as prescribed by this section. The state 1726
board shall not create any endorsement or designation that may be 1727
affiliated with a high school diploma.1728

       Sec. 3313.672.  (A)(1) At the time of initial entry to a 1729
public or nonpublic school, a pupil shall present to the person in 1730
charge of admission any records given the pupil by the public or 1731
nonpublic elementary or secondary school the pupil most recently 1732
attended; a certified copy of an order or decree, or modification 1733
of such an order or decree allocating parental rights and 1734
responsibilities for the care of a child and designating a 1735
residential parent and legal custodian of the child, as provided 1736
in division (B) of this section, if that type of order or decree 1737
has been issued; a copy of a power of attorney or caretaker 1738
authorization affidavit, if either has been executed with respect 1739
to the child pursuant to sections 3109.51 to 3109.80 of the 1740
Revised Code; and a certification of birth issued pursuant to 1741
Chapter 3705. of the Revised Code, a comparable certificate or 1742
certification issued pursuant to the statutes of another state, 1743
territory, possession, or nation, or a document in lieu of a 1744
certificate or certification as described in divisions (A)(1)(a) 1745
to (e) of this section. Any of the following shall be accepted in 1746
lieu of a certificate or certification of birth by the person in 1747
charge of admission:1748

       (a) A passport or attested transcript of a passport filed 1749
with a registrar of passports at a point of entry of the United 1750
States showing the date and place of birth of the child;1751

       (b) An attested transcript of the certificate of birth;1752

       (c) An attested transcript of the certificate of baptism or 1753
other religious record showing the date and place of birth of the 1754
child;1755

       (d) An attested transcript of a hospital record showing the 1756
date and place of birth of the child;1757

       (e) A birth affidavit.1758

       (2) If a pupil requesting admission to a school of the school 1759
district in which the pupil is entitled to attend school under 1760
section 3313.64 or 3313.65 of the Revised Code has been discharged 1761
or released from the custody of the department of youth services 1762
under section 5139.51 of the Revised Code just prior to requesting 1763
admission to the school, no school official shall admit that pupil 1764
until the records described in divisions (D)(4)(a) to (d) of 1765
section 2152.18 of the Revised Code have been received by the 1766
superintendent of the school district.1767

       (3) No public or nonpublic school official shall deny a 1768
protected child admission to the school solely because the child 1769
does not present a birth certificate described in division (A)(1) 1770
of this section, a comparable certificate or certification from 1771
another state, territory, possession, or nation, or another 1772
document specified in divisions (A)(1)(a) to (e) of this section 1773
upon registration for entry into the school. However, the 1774
protected child, or the parent, custodian, or guardian of that 1775
child, shall present a birth certificate or other document 1776
specified in divisions (A)(1)(a) to (e) of this section to the 1777
person in charge of admission of the school within ninety days 1778
after the child's initial entry into the school.1779

       (4) Except as otherwise provided in division (A)(2) or (3) of 1780
this section, within twenty-four hours of the entry into the 1781
school of a pupil described in division (A)(1) of this section, a 1782
school official shall request the pupil's official records from 1783
the public or nonpublic elementary or secondary school the pupil 1784
most recently attended. If the public or nonpublic school the 1785
pupil claims to have most recently attended indicates that it has 1786
no record of the pupil's attendance or the records are not 1787
received within fourteen days of the date of request, or if the 1788
pupil does not present a certification of birth described in 1789
division (A)(1) of this section, a comparable certificate or 1790
certification from another state, territory, possession, or 1791
nation, or another document specified in divisions (A)(1)(a) to 1792
(e) of this section, the principal or chief administrative officer 1793
of the school shall notify the law enforcement agency having 1794
jurisdiction in the area where the pupil resides of this fact and 1795
of the possibility that the pupil may be a missing child, as 1796
defined in section 2901.30 of the Revised Code.1797

       (B)(1) Whenever an order or decree allocating parental rights 1798
and responsibilities for the care of a child and designating a 1799
residential parent and legal custodian of the child, including a 1800
temporary order, is issued resulting from an action of divorce, 1801
alimony, annulment, or dissolution of marriage, and the order or 1802
decree pertains to a child who is a pupil in a public or nonpublic 1803
school, the residential parent of the child shall notify the 1804
school of those allocations and designations by providing the 1805
person in charge of admission at the pupil's school with a 1806
certified copy of the order or decree that made the allocation and 1807
designation. Whenever there is a modification of any order or 1808
decree allocating parental rights and responsibilities for the 1809
care of a child and designating a residential parent and legal 1810
custodian of the child that has been submitted to a school, the 1811
residential parent shall provide the person in charge of admission 1812
at the pupil's school with a certified copy of the order or decree 1813
that makes the modification.1814

       (2) Whenever a power of attorney is executed under sections 1815
3109.51 to 3109.62 of the Revised Code that pertains to a child 1816
who is a pupil in a public or nonpublic school, the attorney in 1817
fact shall notify the school of the power of attorney by providing 1818
the person in charge of admission with a copy of the power of 1819
attorney. Whenever a caretaker authorization affidavit is executed 1820
under sections 3109.64 to 3109.73 of the Revised Code that 1821
pertains to a child who is in a public or nonpublic school, the 1822
grandparent who executed the affidavit shall notify the school of 1823
the affidavit by providing the person in charge of admission with 1824
a copy of the affidavit.1825

       (C) If, at the time of a pupil's initial entry to a public or 1826
nonpublic school, the pupil is under the care of a shelter for 1827
victims of domestic violence, as defined in section 3113.33 of the 1828
Revised Code, the pupil or the pupil's parent shall notify the 1829
school of that fact. Upon being so informed, the school shall 1830
inform the elementary or secondary school from which it requests 1831
the pupil's records of that fact.1832

       (D) Whenever a public or nonpublic school is notified by a 1833
law enforcement agency pursuant to division (D) of section 2901.30 1834
of the Revised Code that a missing child report has been filed 1835
regarding a pupil who is currently or was previously enrolled in 1836
the school, the person in charge of admission at the school shall 1837
mark that pupil's records in such a manner that whenever a copy of 1838
or information regarding the records is requested, any school 1839
official responding to the request is alerted to the fact that the 1840
records are those of a missing child. Upon any request for a copy 1841
of or information regarding a pupil's records that have been so 1842
marked, the person in charge of admission immediately shall report 1843
the request to the law enforcement agency that notified the school 1844
that the pupil is a missing child. When forwarding a copy of or 1845
information from the pupil's records in response to a request, the 1846
person in charge of admission shall do so in such a way that the 1847
receiving district or school would be unable to discern that the 1848
pupil's records are marked pursuant to this division but shall 1849
retain the mark in the pupil's records until notified that the 1850
pupil is no longer a missing child. Upon notification by a law 1851
enforcement agency that a pupil is no longer a missing child, the 1852
person in charge of admission shall remove the mark from the 1853
pupil's records in such a way that if the records were forwarded 1854
to another district or school, the receiving district or school 1855
would be unable to discern that the records were ever marked.1856

       (E) As used in this section: 1857

       (1) "Protected child" means a child placed in a foster home, 1858
as that term is defined in section 5103.02 of the Revised Code, or 1859
in a residential facility. 1860

       (2) "Residential facility" means a group home for children, 1861
children's crisis care facility, children's residential center, 1862
residential parenting facility that provides twenty-four-hour 1863
child care, county children's home, or district children's home.1864

       Sec. 3313.68. (A) The board of education of each city, 1865
exempted village, or local school district may appoint one or more 1866
school physicians and one or more school dentists. Two or more 1867
school districts may unite and employ one such physician and at 1868
least one such dentist whose duties shall be such as are 1869
prescribed by law. Said school physician shall hold a license to 1870
practice medicine in Ohio, and each school dentist shall be 1871
licensed to practice in this state. School physicians and dentists 1872
may be discharged at any time by the board of education. School 1873
physicians and dentists shall serve one year and until their 1874
successors are appointed and shall receive such compensation as 1875
the board of education determines. The board of education may also 1876
employ registered nurses, as defined by section 4723.01 and 1877
licensed as school nurses under section 3319.223319.221 of the 1878
Revised Code, to aid in such inspection in such ways as are 1879
prescribed by it, and to aid in the conduct and coordination of 1880
the school health service program. The school dentists shall make 1881
such examinations and diagnoses and render such remedial or 1882
corrective treatment for the school children as is prescribed by 1883
the board of education; provided that all such remedial or 1884
corrective treatment shall be limited to the children whose 1885
parents cannot otherwise provide for same, and then only with the 1886
written consent of the parents or guardians of such children. 1887
School dentists may also conduct such oral hygiene educational 1888
work as is authorized by the board of education.1889

       The board of education may delegate the duties and powers 1890
provided for in this section to the board of health or officer 1891
performing the functions of a board of health within the school 1892
district, if such board or officer is willing to assume the same. 1893
Boards of education shall co-operate with boards of health in the 1894
prevention and control of epidemics.1895

       (B) Notwithstanding any provision of the Revised Code to the 1896
contrary, the board of education of each city, exempted village, 1897
or local school district may contract with an educational service 1898
center for the services of a school nurse, licensed under section 1899
3319.221 of the Revised Code, or of a registered nurse or licensed 1900
practical nurse, licensed under Chapter 4723. of the Revised Code, 1901
to provide services to students in the district pursuant to 1902
section 3313.7112 of the Revised Code.1903

       Sec. 3314.06.  The governing authority of each community 1904
school established under this chapter shall adopt admission 1905
procedures that specify the following:1906

       (A) That, except as otherwise provided in this section, 1907
admission to the school shall be open to any individual age five 1908
to twenty-two entitled to attend school pursuant to section 1909
3313.64 or 3313.65 of the Revised Code in a school district in the 1910
state.1911

       Additionally, except as otherwise provided in this section, 1912
admission to the school may be open on a tuition basis to any 1913
individual age five to twenty-two who is not a resident of this 1914
state. The school shall not receive state funds under section 1915
3314.08 of the Revised Code for any student who is not a resident 1916
of this state.1917

       An individual younger than five years of age may be admitted 1918
to the school in accordance with division (A)(2) of section 1919
3321.01 of the Revised Code. The school shall receive funds for an 1920
individual admitted under that division in the manner provided 1921
under section 3314.08 of the Revised Code.1922

       If the school operates a program that uses the Montessori 1923
method endorsed by the American Montessori society, the Montessori 1924
accreditation council for teacher education, or the association 1925
Montessori internationale as its primary method of instruction, 1926
admission to the school may be open to individuals younger than 1927
five years of age, but the school shall not receive funds under 1928
this chapter for those individuals. Notwithstanding anything to 1929
the contrary in this chapter, individuals younger than five years 1930
of age who are enrolled in a Montessori program shall be offered 1931
at least four hundred fifty-five hours of learning opportunities 1932
per school year.1933

       (B)(1) That admission to the school may be limited to 1934
students who have attained a specific grade level or are within a 1935
specific age group; to students that meet a definition of 1936
"at-risk," as defined in the contract; to residents of a specific 1937
geographic area within the district, as defined in the contract; 1938
or to separate groups of autistic students and nondisabled 1939
students, as authorized in section 3314.061 of the Revised Code 1940
and as defined in the contract.1941

       (2) For purposes of division (B)(1) of this section, 1942
"at-risk" students may include those students identified as gifted 1943
students under section 3324.03 of the Revised Code.1944

       (C) Whether enrollment is limited to students who reside in 1945
the district in which the school is located or is open to 1946
residents of other districts, as provided in the policy adopted 1947
pursuant to the contract.1948

       (D)(1) That there will be no discrimination in the admission 1949
of students to the school on the basis of race, creed, color, 1950
disability, or sex except that:1951

       (a) The governing authority may do either of the following 1952
for the purpose described in division (G) of this section:1953

       (i) Establish a single-gender school for either sex;1954

       (ii) Establish single-gender schools for each sex under the 1955
same contract, provided substantially equal facilities and 1956
learning opportunities are offered for both boys and girls. Such 1957
facilities and opportunities may be offered for each sex at 1958
separate locations.1959

       (b) The governing authority may establish a school that 1960
simultaneously serves a group of students identified as autistic 1961
and a group of students who are not disabled, as authorized in 1962
section 3314.061 of the Revised Code. However, unless the total 1963
capacity established for the school has been filled, no student 1964
with any disability shall be denied admission on the basis of that 1965
disability.1966

       (2) That upon admission of any student with a disability, the 1967
community school will comply with all federal and state laws 1968
regarding the education of students with disabilities.1969

       (E) That the school may not limit admission to students on 1970
the basis of intellectual ability, measures of achievement or 1971
aptitude, or athletic ability, except that a school may limit its 1972
enrollment to students as described in division (B) of this 1973
section.1974

       (F) That the community school will admit the number of 1975
students that does not exceed the capacity of the school's 1976
programs, classes, grade levels, or facilities.1977

       (G) That the purpose of single-gender schools that are 1978
established shall be to take advantage of the academic benefits 1979
some students realize from single-gender instruction and 1980
facilities and to offer students and parents residing in the 1981
district the option of a single-gender education.1982

       (H) That, except as otherwise provided under division (B) of 1983
this section or section 3314.061 of the Revised Code, if the 1984
number of applicants exceeds the capacity restrictions of division 1985
(F) of this section, students shall be admitted by lot from all 1986
those submitting applications, except preference shall be given to 1987
students attending the school the previous year and to students 1988
who reside in the district in which the school is located. 1989
Preference may be given to siblings of students attending the 1990
school the previous year.1991

       Notwithstanding divisions (A) to (H) of this section, in the 1992
event the racial composition of the enrollment of the community 1993
school is violative of a federal desegregation order, the 1994
community school shall take any and all corrective measures to 1995
comply with the desegregation order.1996

       Sec. 3317.034.  For purposes of section 3317.03 of the 1997
Revised Code:1998

        (A) A student shall be considered to be enrolled in the 1999
district for any portion of the school year the student is 2000
participating at a college under Chapter 3365. of the Revised 2001
Code.2002

        (B) A student shall be considered to be enrolled in the 2003
district for the period of time beginning on the date on which the 2004
school has both received the documentation of the student's 2005
enrollment from a parent and the student has commenced 2006
participation in learning opportunities offered by the district. 2007
For purposes of applying divisions (B) and (C) of this section, 2008
"learning opportunities" means both classroom-based and 2009
nonclassroom-based learning opportunities overseen by licensed 2010
educational employees of the district that is in compliance with 2011
criteria and documentation requirements for student participation, 2012
which shall be established by the department. Any student's 2013
instruction time in nonclassroom-based learning opportunities 2014
shall be certified by an employee of the district.2015

        (C) A student's enrollment shall be considered to cease on 2016
the date on which any of the following occur:2017

       (1) The district receives documentation from a parent 2018
terminating enrollment of the student.2019

        (2) The district is provided documentation of a student's 2020
enrollment in another public or nonpublic school.2021

        (3) The student fails to participate in learning 2022
opportunities and has not received an excused absence for one 2023
hundred and five continuous hours. If a student is withdrawn from 2024
the district for failure to participate in learning opportunities 2025
under division (C)(1)(a)(v) of this section and the district board 2026
determines that the student is truant, the district shall take the 2027
appropriate action required under sections 3321.19 and 3321.191 of 2028
the Revised Code.2029

       (4) The student ceases to participate in learning 2030
opportunities provided by the school.2031

        (D) No public school may enroll or withdraw a student from 2032
the education management information system established under 2033
section 3310.0714 of the Revised Code later than thirty days after 2034
the student's actual enrollment or withdrawal from the school.2035

       (E) A student in any of grades nine through twelve shall be 2036
considered a full-time equivalent student if the student is 2037
enrolled in at least five units of instruction, as defined in 2038
section 3313.603 of the Revised Code, per school year.2039

       Sec. 3319.227.  (A) Notwithstanding any other provision of 2040
the Revised Code or any rule adopted by the state board of 2041
education to the contrary, the state board shall issue a resident 2042
educator license under section 3319.22 of the Revised Code to each 2043
person who is assigned to teach in this state as a participant in 2044
the teach for America program and who meetssatisfies the 2045
following conditions for the duration of the program:2046

       (1) Holds a bachelor's degree from an accredited institution 2047
of higher education;2048

       (2) Maintained a cumulative undergraduate grade point average 2049
of at least 2.5 out of 4.0, or its equivalent;2050

       (3) Has passed an examination prescribed by the state board 2051
in the subject area to be taught;2052

       (4) Has successfully completed the summer training institute 2053
operated by teach for America;2054

        (5) Remains an active member of the teach for America 2055
two-year support program.2056

       (B) The state board shall issue a resident educator license 2057
under this section for teaching in any grade level or subject area 2058
for which a person may obtain a resident educator license under 2059
section 3319.22 of the Revised Code. The state board shall not 2060
adopt rules establishing any additional qualifications for the 2061
license beyond those specified in this section.2062

       (C) Notwithstanding any other provision of the Revised Code 2063
or any rule adopted by the state board to the contrary, the state 2064
board shall issue a resident educator license under section 2065
3319.22 of the Revised Code to any applicant who has completed at 2066
least two years of teaching in another state as a participant in 2067
the teach for America program and meets all of the conditions of 2068
divisions (A)(1) to (4) of this section. The state board shall 2069
credit an applicant under this division as having completed two 2070
years of the teacher residency program under section 3319.223 of 2071
the Revised Code.2072

       (D) In order to place teachers in this state, the teach for 2073
America program shall enter into an agreement with one or more 2074
accredited four-year public or private institutions of higher 2075
education in the state to provide optional training of teach for 2076
America participants for the purpose of enabling those 2077
participants to complete an optional master's degree or an 2078
equivalent amount of coursework. Nothing in this division shall 2079
require any teach for America participant to complete a master's 2080
degree as a condition of holding a license issued under this 2081
section.2082

       (E) The state board shall revoke a resident educator license 2083
issued to a participant in the teach for America program who is 2084
assigned to teach in this state if the participant resigns or is 2085
dismissed from the program prior to completion of the two-year 2086
teach for America support program.2087

       Sec. 3319.261. (A) Notwithstanding any other provision of the 2088
Revised Code or any rule adopted by the state board of education 2089
to the contrary, the state board shall issue an alternative 2090
resident educator license under division (C) of section 3319.26 of 2091
the Revised Code to each applicant who meets the following 2092
conditions:2093

       (1) Holds a bachelor's degree from an accredited institution 2094
of higher education; 2095

       (2) Has successfully completed a teacher education program 2096
offered by one of the following entities: 2097

       (a) Graduation from anThe American Montessori 2098
society-affiliated teacher education programsociety; 2099

       (b) Receipt of a certificate from theThe association 2100
Montessori internationale;2101

       (c) An institution accredited by the Montessori accreditation 2102
council for teacher education. 2103

       (3) Is employed in a school that operates a program that uses 2104
the Montessori method endorsed by the American Montessori society, 2105
the Montessori accreditation council for teacher education, or the 2106
association Montessori internationale as its primary method of 2107
instruction. 2108

       (B) The holder of an alternative resident educator license 2109
issued under this section shall be subject to divisions (A), (B), 2110
(D), and (E) of section 3319.26 of the Revised Code and shall be 2111
granted a professional educator license upon successful completion 2112
of the requirements described in division (F) of section 3319.26 2113
of the Revised Code.2114

       Sec. 4729.291.  (A) When a licensed health professional 2115
authorized to prescribe drugs personally furnishes drugs to a 2116
patient pursuant to division (B) of section 4729.29 of the Revised 2117
Code, the prescriber shall ensure that the drugs are labeled and 2118
packaged in accordance with state and federal drug laws and any 2119
rules and regulations adopted pursuant to those laws. Records of 2120
purchase and disposition of all drugs personally furnished to 2121
patients shall be maintained by the prescriber in accordance with 2122
state and federal drug statutes and any rules adopted pursuant to 2123
those statutes.2124

       (B) When personally furnishing to a patient RU-486 2125
(mifepristone), a prescriber is subject to section 2919.123 of the 2126
Revised Code. A prescription for RU-486 (mifepristone) shall be in 2127
writing and in accordance with section 2919.123 of the Revised 2128
Code.2129

       (C)(1) Except as provided in division (D) of this section, a2130
no prescriber may notshall do either of the following:2131

       (a) In any thirty-day period, personally furnish to or for 2132
patients, taken as a whole, controlled substances in an amount 2133
that exceeds a total of two thousand five hundred dosage units;2134

       (b) In any seventy-two-hour period, personally furnish to or 2135
for a patient an amount of a controlled substance that exceeds the 2136
amount necessary for the patient's use in a seventy-two-hour 2137
period.2138

        (2) The state board of pharmacy may impose a fine of not more 2139
than five thousand dollars on a prescriber who fails to comply 2140
with the limits established under division (C)(1) of this section. 2141
A separate fine may be imposed for each instance of failing to 2142
comply with the limits. In imposing the fine, the board's actions 2143
shall be taken in accordance with Chapter 119. of the Revised 2144
Code.2145

       (D)(1) None of the following shall be counted in determining 2146
whether the amounts specified in division (C)(1) of this section 2147
have been exceeded:2148

       (a) Methadone provided to patients for the purpose of 2149
treating drug dependence or addiction, if the prescriber meets the 2150
conditions specified in 21 C.F.R. 1306.07;2151

       (b) Buprenorphine provided to patients for the purpose of 2152
treating drug dependence or addiction, if the prescriber is exempt 2153
from separate registration with the United States drug enforcement 2154
administrationas part of an opioid treatment program that is the 2155
subject of a current, valid certification from the substance abuse 2156
and mental health services administration of the United States 2157
department of health and human services pursuant to 2142 C.F.R. 2158
1301.288.11 and distributes both buprenorphine and methadone;2159

       (c) Controlled substances provided to research subjects by a 2160
facility conducting clinical research in studies approved by a 2161
hospital-based institutional review board or an institutional 2162
review board accredited by the association for the accreditation 2163
of human research protection programs.2164

       (2) Division (C)(1) of this section does not apply to a 2165
prescriber who is a veterinarian.2166

       Sec. 4729.541.  (A) Except as provided in divisions (B) and 2167
(C) of this section, a business entity described in division 2168
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may 2169
possess, have custody or control of, and distribute the dangerous 2170
drugs in category I, category II, and category III, as defined in 2171
section 4729.54 of the Revised Code, without holding a terminal 2172
distributor of dangerous drugs license issued under that section.2173

       (B) If a business entity described in division (B)(1)(j) or 2174
(k) of section 4729.51 of the Revised Code is a pain management 2175
clinic or is operating a pain management clinic, the entity shall 2176
hold a license as a terminal distributor of dangerous drugs with a 2177
pain management clinic classification issued under section 2178
4729.552 of the Revised Code.2179

       (C) Beginning April 1, 2015, a business entity described in 2180
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code 2181
shall hold a license as a terminal distributor of dangerous drugs 2182
in order to possess, have custody or control of, and distribute 2183
dangerouseither of the following:2184

       (1) Dangerous drugs that are compounded or used for the 2185
purpose of compounding;2186

       (2) Controlled substances containing buprenorphine that are 2187
used for the purpose of treating drug dependence or addiction.2188

       Sec. 4731.056. (A) As used in this section:2189

       (1) "Controlled substance," "schedule III," "schedule IV," 2190
and "schedule V" have the same meanings as in section 3719.01 of 2191
the Revised Code.2192

       (2) "Physician" means an individual authorized by this 2193
chapter to practice medicine and surgery or osteopathic medicine 2194
and surgery.2195

       (B) The state medical board shall adopt rules in accordance 2196
with Chapter 119. of the Revised Code that establish standards and 2197
procedures to be followed by physicians in the use of controlled 2198
substances in schedule III, IV, or V to treat opioid dependence or 2199
addiction. The board may limit the application of the rules to 2200
treatment provided through an office-based practice or other 2201
practice type or location specified by the board.2202

       Section 2.  That existing sections 3301.0711, 3301.0712, 2203
3301.0715, 3313.60, 3313.603, 3313.608, 3313.618, 3313.672, 2204
3313.68, 3314.06, 3317.034, 3319.227, 3319.261, 4729.291, and 2205
4729.541 of the Revised Code are hereby repealed.2206

       Section 3.  That Section 263.20 of Am. Sub. H.B. 59 of the 2207
130th General Assembly, as amended by Am. Sub. H.B. 487 of the 2208
130th General Assembly, be amended to read as follows:2209

       Sec. 263.20. OPERATING EXPENSES2210

        A portion of the foregoing appropriation item 200321, 2211
Operating Expenses, shall be used by the Department of Education 2212
to provide matching funds under 20 U.S.C. 2321. 2213

       EARLY CHILDHOOD EDUCATION2214

       Of the foregoing appropriation item 200408, Early Childhood 2215
Education, up to $50,000 in each fiscal year shall be used to 2216
support the operations of the "Ready, Set, Go...to Kindergarten" 2217
Program at the Horizon Education Center in Lorain County. The 2218
effectiveness of the program shall be evaluated and reported to 2219
the Department of Education in a study that includes statistics on 2220
program participants' scores for the "Get It, Got It, Go!" 2221
assessment and the kindergarten readiness assessment.2222

       The Department of Education shall distribute the remainder of 2223
the foregoing appropriation item 200408, Early Childhood 2224
Education, to pay the costs of early childhood education programs. 2225
The Department shall distribute such funds directly to qualifying 2226
providers.2227

       (A) As used in this section:2228

       (1) "Provider" means a city, local, exempted village, or 2229
joint vocational school district; an educational service center; a 2230
community school; a chartered nonpublic school; an early childhood 2231
education child care provider licensed under Chapter 5104. of the 2232
Revised Code that participates in and meets at least the third 2233
highest tier of the tiered quality rating and improvement system 2234
described in section 5104.30 of the Revised Code; or a combination 2235
of entities described in this paragraph.2236

       (2)(a) In the case of a city, local, or exempted village 2237
school district or early childhood education child care provider 2238
licensed under Chapter 5104. of the Revised Code, "new eligible 2239
provider" means a provider that did not receive state funding for 2240
Early Childhood Education in the previous fiscal year or 2241
demonstrates a need for early childhood programs as defined in 2242
division (D) of this section.2243

       (b) In the case of a community school, "new eligible 2244
provider" means a community school that operates a program that 2245
uses the Montessori method endorsed by the American Montessori 2246
society, the Montessori accreditation council for teacher 2247
education, or the association Montessori internationale as its 2248
primary method of instruction, as authorized by division (A) of 2249
section 3314.06 of the Revised Code, that did not receive state 2250
funding for Early Childhood Education in the previous fiscal year 2251
or demonstrates a need for early childhood programs as defined in 2252
division (D) of this section.2253

       (3) "Eligible child" means a child who is at least three 2254
years of age as of the district entry date for kindergarten, is 2255
not of the age to be eligible for kindergarten, and whose family 2256
earns not more than two hundred per cent of the federal poverty 2257
guidelines as defined in division (A)(3) of section 5101.46 of the 2258
Revised Code. Children with an Individualized Education Program 2259
and where the Early Childhood Education program is the least 2260
restrictive environment may be enrolled on their third birthday.2261

       (4) "Early learning program standards" means early learning 2262
program standards for school readiness developed by the Department 2263
to assess the operation of early learning programs.2264

       (B) In each fiscal year, up to two per cent of the total 2265
appropriation may be used by the Department for program support 2266
and technical assistance. The Department shall distribute the 2267
remainder of the appropriation in each fiscal year to serve 2268
eligible children.2269

       (C) The Department shall provide an annual report to the 2270
Governor, the Speaker of the House of Representatives, and the 2271
President of the Senate and post the report to the Department's 2272
web site, regarding early childhood education programs operated 2273
under this section and the early learning program standards.2274

       (D) After setting aside the amounts to make payments due from 2275
the previous fiscal year, in fiscal year 2014, the Department 2276
shall distribute funds first to recipients of funds for early 2277
childhood education programs under Section 267.10.10 of Am. Sub. 2278
H.B. 153 of the 129th General Assembly, as amended by Am. Sub. 2279
H.B. 487 of the 129th General Assembly, in the previous fiscal 2280
year and the balance to new eligible providers of early childhood 2281
education programs under this section or to existing providers to 2282
serve more eligible children or for purposes of program expansion, 2283
improvement, or special projects to promote quality and 2284
innovation.2285

       After setting aside the amounts to make payments due from the 2286
previous fiscal year, in fiscal year 2015, the Department shall 2287
distribute funds first to providers of early childhood education 2288
programs under this section in the previous fiscal year and the 2289
balance to new eligible providers or to existing providers to 2290
serve more eligible children as outlined under division (E) of 2291
this section or for purposes of program expansion, improvement, or 2292
special projects to promote quality and innovation.2293

       (E) The Department shall distribute any new or remaining 2294
funding to existing providers of early childhood education 2295
programs or any new eligible providers in an effort to invest in 2296
high quality early childhood programs where there is a need as 2297
determined by the Department. The Department shall distribute the 2298
new or remaining funds to existing providers of early childhood 2299
education programs or any new eligible providers to serve 2300
additional eligible children based on community economic 2301
disadvantage, limited access to high quality preschool or 2302
childcare services, and demonstration of high quality preschool 2303
services as determined by the Department using new metrics 2304
developed pursuant to Ohio's Race to the Top—Early Learning 2305
Challenge Grant, awarded to the Department in December 2011.2306

        Awards under divisions (D) and (E) of this section shall be 2307
distributed on a per-pupil basis, and in accordance with division 2308
(I) of this section. The Department may adjust the per-pupil 2309
amount so that the per-pupil amount multiplied by the number of 2310
eligible children enrolled and receiving services on the first day 2311
of December or the business day closest to that date equals the 2312
amount allocated under this section.2313

       (F) Costs for developing and administering an early childhood 2314
education program may not exceed fifteen per cent of the total 2315
approved costs of the program.2316

       All providers shall maintain such fiscal control and 2317
accounting procedures as may be necessary to ensure the 2318
disbursement of, and accounting for, these funds. The control of 2319
funds provided in this program, and title to property obtained, 2320
shall be under the authority of the approved provider for purposes 2321
provided in the program unless, as described in division (K) of 2322
this section, the program waives its right for funding or a 2323
program's funding is eliminated or reduced due to its inability to 2324
meet financial or early learning program standards. The approved 2325
provider shall administer and use such property and funds for the 2326
purposes specified.2327

       (G) The Department may examine a provider's financial and 2328
program records. If the financial practices of the program are not 2329
in accordance with standard accounting principles or do not meet 2330
financial standards outlined under division (F) of this section, 2331
or if the program fails to substantially meet the early learning 2332
program standards, meet a quality rating level in the tiered 2333
quality rating and improvement system developed under section 2334
5104.30 of the Revised Code as prescribed by the Department, or 2335
exhibits below average performance as measured against the 2336
standards, the early childhood education program shall propose and 2337
implement a corrective action plan that has been approved by the 2338
Department. The approved corrective action plan shall be signed by 2339
the chief executive officer and the executive of the official 2340
governing body of the provider. The corrective action plan shall 2341
include a schedule for monitoring by the Department. Such 2342
monitoring may include monthly reports, inspections, a timeline 2343
for correction of deficiencies, and technical assistance to be 2344
provided by the Department or obtained by the early childhood 2345
education program. The Department may withhold funding pending 2346
corrective action. If an early childhood education program fails 2347
to satisfactorily complete a corrective action plan, the 2348
Department may deny expansion funding to the program or withdraw 2349
all or part of the funding to the program and establish a new 2350
eligible provider through a selection process established by the 2351
Department.2352

       (H)(1) If the early childhood education program is licensed 2353
by the Department of Education and is not highly rated, as 2354
determined by the Director of Job and Family Services, under the 2355
tiered quality rating and improvement system described in section 2356
5104.30 of the Revised Code, the program shall do all of the 2357
following:2358

       (a) Meet teacher qualification requirements prescribed by 2359
section 3301.311 of the Revised Code;2360

       (b) Align curriculum to the early learning content standards 2361
developed by the Department;2362

       (c) Meet any child or program assessment requirements 2363
prescribed by the Department;2364

       (d) Require teachers, except teachers enrolled and working to 2365
obtain a degree pursuant to section 3301.311 of the Revised Code, 2366
to attend a minimum of twenty hours every two years of 2367
professional development as prescribed by the Department;2368

       (e) Document and report child progress as prescribed by the 2369
Department;2370

       (f) Meet and report compliance with the early learning 2371
program standards as prescribed by the Department;2372

       (g) Participate in the tiered quality rating and improvement 2373
system developed under section 5104.30 of the Revised Code. 2374
Effective July 1, 2016, all programs shall be rated through the 2375
system.2376

       (2) If the program is highly rated, as determined by the 2377
Director of Job and Family Services, under the tiered quality 2378
rating and improvement system developed under section 5104.30 of 2379
the Revised Code, the program shall comply with the requirements 2380
of that system.2381

       (I) Per-pupil funding for programs subject to this section 2382
shall be sufficient to provide eligible children with services for 2383
a standard early childhood schedule which shall be defined in this 2384
section as a minimum of twelve and one-half hours per school week 2385
as defined in section 3313.62 of the Revised Code for the minimum 2386
school year as defined in sections 3313.48, 3313.481, and 3313.482 2387
of the Revised Code. Nothing in this section shall be construed to 2388
prohibit program providers from utilizing other funds to serve 2389
eligible children in programs that exceed the twelve and one-half 2390
hours per week or that exceed the minimum school year. For any 2391
provider for which a standard early childhood education schedule 2392
creates a hardship or for which the provider shows evidence that 2393
the provider is working in collaboration with a preschool special 2394
education program, the provider may submit a waiver to the 2395
Department requesting an alternate schedule. If the Department 2396
approves a waiver for an alternate schedule that provides services 2397
for less time than the standard early childhood education 2398
schedule, the Department may reduce the provider's annual 2399
allocation proportionately. Under no circumstances shall an annual 2400
allocation be increased because of the approval of an alternate 2401
schedule.2402

       (J) Each provider shall develop a sliding fee scale based on 2403
family incomes and shall charge families who earn more than two 2404
hundred per cent of the federal poverty guidelines, as defined in 2405
division (A)(3) of section 5101.46 of the Revised Code, for the 2406
early childhood education program.2407

       The Department shall conduct an annual survey of each 2408
provider to determine whether the provider charges families 2409
tuition or fees, the amount families are charged relative to 2410
family income levels, and the number of families and students 2411
charged tuition and fees for the early childhood program.2412

       (K) If an early childhood education program voluntarily 2413
waives its right for funding, or has its funding eliminated for 2414
not meeting financial standards or the early learning program 2415
standards, the provider shall transfer control of title to 2416
property, equipment, and remaining supplies obtained through the 2417
program to providers designated by the Department and return any 2418
unexpended funds to the Department along with any reports 2419
prescribed by the Department. The funding made available from a 2420
program that waives its right for funding or has its funding 2421
eliminated or reduced may be used by the Department for new grant 2422
awards or expansion grants. The Department may award new grants or 2423
expansion grants to eligible providers who apply. The eligible 2424
providers who apply must do so in accordance with the selection 2425
process established by the Department.2426

       (L) Eligible expenditures for the Early Childhood Education 2427
Program shall be claimed each fiscal year to help meet the state's 2428
TANF maintenance of effort requirement. The Superintendent of 2429
Public Instruction and the Director of Job and Family Services 2430
shall enter into an interagency agreement to carry out the 2431
requirements under this division, which shall include developing 2432
reporting guidelines for these expenditures.2433

       (M) The Early Childhood Advisory Council established under 2434
section 3301.90 of the Revised Code shall provide, by October 1, 2435
2013, recommendations including, but not limited to, the 2436
administration, implementation, and distribution of funding for an 2437
early childhood voucher program, to the Superintendent of Public 2438
Instruction, the Governor's Office of 21st Century Education, the 2439
Speaker of the House of Representatives, the President of the 2440
Senate, and the chairpersons of the standing committees of the 2441
House of Representatives and the Senate that deal primarily with 2442
issues of education. Decisions on the implementation of the 2443
voucher program shall be made by the Governor's Office of 21st 2444
Century Education with recommendations from the State 2445
Superintendent of Public Instruction and the Early Childhood 2446
Advisory Council.2447

       Section 4.  That existing Section 263.20 of Am. Sub. H.B. 59 2448
of the 130th General Assembly, as amended by Am. Sub. H.B. 487 of 2449
the 130th General Assembly, is hereby repealed.2450

       Section 5. That Section 263.320 of Am. Sub. H.B. 59 of the 2451
130th General Assembly, as amended by Am. Sub. H.B. 483 of the 2452
130th General Assembly, be amended to read as follows:2453

       Sec. 263.320. LOTTERY PROFITS EDUCATION FUND2454

       Appropriation item 200612, Foundation Funding (Fund 7017), 2455
shall be used in conjunction with appropriation item 200550, 2456
Foundation Funding (GRF), to provide state foundation payments to 2457
school districts.2458

       The Department of Education, with the approval of the 2459
Director of Budget and Management, shall determine the monthly 2460
distribution schedules of appropriation item 200550, Foundation 2461
Funding (GRF), and appropriation item 200612, Foundation Funding 2462
(Fund 7017). If adjustments to the monthly distribution schedule 2463
are necessary, the Department of Education shall make such 2464
adjustments with the approval of the Director of Budget and 2465
Management.2466

       CAREER ADVISING AND MENTORING PROGRAM2467

        The foregoing appropriation item 200629, Career Advising and 2468
Mentoring, shall be used by the State Superintendent of Public 2469
Instruction to create the Career Advising and Mentoring Grant 2470
Program. The Superintendent shall develop guidelines for the 2471
grants. The program shall award competitive matching grants to 2472
provide funding for local networks of volunteers and organizations 2473
to sponsor career advising and mentoring for students in eligible 2474
school districts. Each grant award shall match up to three times 2475
the funds allocated to the project by the local network. Eligible 2476
school districts are those with a high percentage of students in 2477
poverty, a high number of students not graduating on time, and 2478
other criteria as determined by the State Superintendent. Eligible 2479
school districts shall partner with members of the business 2480
community, civic organizations, or the faith-based community to 2481
provide sustainable career advising and mentoring services. 2482

       An amount equal to the unexpended, unencumbered portion of 2483
the foregoing appropriation item 200629, Career Advising and 2484
Mentoring Program, at the end of fiscal year 2015 is hereby 2485
reappropriated to the Department of Education for the same purpose 2486
for fiscal year 2016.2487

       STRAIGHT A FUND2488

       Of the foregoing appropriation item 200648, Straight A Fund, 2489
up to $70,000 in each fiscal year shall be used by Kids Unlimited 2490
of Toledo for quality after-school tutoring and mentoring programs 2491
in two elementary school buildings in Lucas County. The school 2492
buildings may include any community school, chartered nonpublic 2493
school, or building that is part of a city, local, or exempted 2494
village school district. Kids Unlimited of Toledo shall provide 2495
local matching funds equal to the set-aside.2496

       Of the foregoing appropriation item 200648, Straight A Fund, 2497
up to $250,000 in each fiscal year may be used to make competitive 2498
grants in accordance with Section 263.324 of this act.2499

       Of the foregoing appropriation item 200648, Straight A Fund, 2500
up to $6,000,000 in fiscal year 2014 shall be distributed to the 2501
Cleveland Municipal School District to be used, as determined by 2502
the Department of Education, to implement provisions of Am. Sub. 2503
H.B. 525 of the 129th General Assembly.2504

       Of the foregoing appropriation item 200648, Straight A Fund, 2505
up to $5,000,000 in each fiscal year shall be provided to school 2506
districts that meet the conditions prescribed in division (G)(3) 2507
of section 3317.0212 of the Revised Code to support innovations 2508
that improve the efficiency of pupil transportation. This may 2509
include, but is not limited to, the purchase of buses and other 2510
equipment. The Department of Education shall distribute these 2511
funds to districts based on each district's qualifying ridership 2512
as reported under division (B) of section 3317.0212 of the Revised 2513
Code.2514

       The remainder of appropriation item 200648, Straight A Fund, 2515
shall be used to make competitive grants in accordance with 2516
Section 263.325 of this act.2517

       EDCHOICE EXPANSION2518

       The foregoing appropriation item 200666, EdChoice Expansion, 2519
shall be used as follows:2520

       (A) In fiscal year 2014, notwithstanding section 3310.032 of 2521
the Revised Code, the Department of Education shall administer an 2522
expansion of the Educational Choice Scholarship program as 2523
follows:2524

        (1) A student is an "eligible student" for purposes of the 2525
expansion of the Educational Choice Scholarship Pilot Program 2526
under division (A) of this section if the student's resident 2527
district is not a school district in which the pilot project 2528
scholarship program is operating under sections 3313.974 to 2529
3313.979 of the Revised Code and the student's family income is at 2530
or below two hundred per cent of the federal poverty guidelines, 2531
as defined in section 5101.46 of the Revised Code.2532

       (2) The Department shall pay scholarships to attend chartered 2533
nonpublic schools in accordance with section 3310.08 of the 2534
Revised Code. The number of scholarships awarded under division 2535
(A) of this section shall not exceed the number that can be funded 2536
with appropriations made by the general assembly for this purpose.2537

       (3) Scholarships under division (A) of this section shall be 2538
awarded for the 2013-2014 school year, to eligible students who 2539
are entering kindergarten in that school year for the first time.2540

       (4) If the number of eligible students who apply for a 2541
scholarship exceeds the scholarships available based on the 2542
appropriation for division (A) of this section, the department 2543
shall award scholarships in the following order of priority:2544

       (a) First, to eligible students with family incomes at or 2545
below one hundred per cent of the federal poverty guidelines.2546

       (b) Second, to other eligible students who qualify under 2547
division (A) of this section. If the number of students described 2548
in division (A)(4)(b) of this section exceeds the number of 2549
available scholarships after awards are made under division 2550
(A)(4)(a) of this section, the department shall select students 2551
described in division (A)(4)(b) of this section by lot to receive 2552
any remaining scholarships.2553

       (5) A student who receives a scholarship under division (A) 2554
of this section remains an eligible student and may continue to 2555
receive scholarships under section 3310.032 of the Revised Code in 2556
subsequent school years until the student completes grade twelve, 2557
so long as the student satisfies the conditions specified in 2558
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.2559

       Once a scholarship is awarded under this section, the student 2560
shall remain eligible for that scholarship for the current and 2561
subsequent school years, even if the student's family income rises 2562
above the amount specified in division (A) of section 3310.032 of 2563
the Revised Code, provided the student remains enrolled in a 2564
chartered nonpublic school.2565

       (B) In fiscal year 2015, to provide for the scholarships 2566
awarded under the expansion of the educational choice program 2567
established under section 3310.032 of the Revised Code. The number 2568
of scholarships awarded under the expansion of the educational 2569
choice program shall not exceed the number that can be funded with 2570
the appropriations made by the General Assembly for this purpose.2571

       COMMUNITY SCHOOL FACILITIES2572

       The foregoing appropriation item 200684, Community School 2573
Facilities, shall be used to pay each community school established 2574
under Chapter 3314. of the Revised Code that is not an internet- 2575
or computer-based community school and each STEM school 2576
established under Chapter 3326. of the Revised Code an amount 2577
equal to $100 for each full-time equivalent pupil for assistance 2578
with the cost associated with facilities. If the amount 2579
appropriated is not sufficient, the Department of Education shall 2580
prorate the amounts so that the aggregate amount appropriated is 2581
not exceeded.2582

       Section 6. That existing Section 263.320 of Am. Sub. H.B. 59 2583
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of 2584
the 130th General Assembly, is hereby repealed.2585

       Section 7. That Section 9 of Am. Sub. H.B. 487 of the 130th 2586
General Assembly be amended to read as follows:2587

       Sec. 9. (A) For the 2014-2015 school year, each school 2588
district, community school established under Chapter 3314., or 2589
STEM school established under Chapter 3326. of the Revised Code 2590
shall administer to third grade students, for purposes of section 2591
3313.608 of the Revised Code, the English language arts assessment 2592
required under division (A)(1)(a) of section 3301.0710 of the 2593
Revised Code to third grade students for purposes of section 2594
3313.608 of the Revised Code as follows:2595

       (1) For the fall administration of the assessment, each 2596
district or school shall administer the English language arts 2597
assessment for third graders that the school administered for the 2598
previous year under that section 3301.0710 of the Revised Code.2599

       (2) For the spring administration of the assessment to any 2600
student who fails to attain at least the score range prescribed by 2601
division (A)(3) of section 3301.0710 of the Revised Code, each 2602
district or school shall administer the English language arts 2603
assessment for third graders that the school administered for the 2604
previous year under section 3301.0710 of the Revised Code.2605

       (3) For the spring administration of the assessment to any 2606
student who has attained at least the score range prescribed by 2607
division (A)(3) of section 3301.0710 of the Revised Code, each 2608
district or school shall administer the English language arts 2609
assessment developed by the Partnership for Assessment of 2610
Readiness for College and Careers (PARCC).2611

       (B) The Department shall use the assessments described in 2612
divisionsdivision (A)(1) and (2) of this section to calculate a 2613
district's or school's grades on the state report card prescribed 2614
by section 3302.03 of the Revised Code.2615

       Section 8. That existing Section 9 of Am. Sub. H.B. 487 of 2616
the 130th General Assembly is hereby repealed.2617

       Section 9. Not later than July 1, 2015, the Governor's 2618
Cabinet Opiate Action Team shall develop recommendations for the 2619
instruction in prescription opioid abuse prevention that is 2620
required for a school district's health curriculum under division 2621
(A)(5)(f) of section 3313.60 of the Revised Code, as amended by 2622
this act, and submit them to the Department of Education. Upon 2623
receiving the recommendations, the Department shall publish them 2624
in a prominent location on the Department's web site for use by 2625
school districts in developing their health curricula.2626

       Section 10. Notwithstanding division (G)(2) of section 2627
3301.0711 of the Revised Code, for the 2014-2015 school year only, 2628
the Department of Education or an entity with which the Department 2629
contracts for the scoring of the assessments prescribed by 2630
divisions (A)(1) and (B)(1) and (2) of section 3301.0710 of the 2631
Revised Code shall send to each school district board a list of 2632
the individual scores of all persons taking such an assessment for 2633
that school year not later than November 15, 2015.2634

       Section 11.  (A)(1) For the 2014-2015 school year, if a 2635
student is enrolled in an appropriate course under either of the 2636
dual enrollment programs described in former divisions (A)(1) or 2637
(4) of section 3313.6013 of the Revised Code, as it existed prior 2638
to September 17, 2014, in the area of science, American history, 2639
or American government, that student shall not be required to take 2640
the science, American history, or American government 2641
end-of-course examination, whichever is applicable, prescribed 2642
under division (B)(2) of section 3301.0712 of the Revised Code. 2643
Instead, that student's final course grade shall be used in lieu 2644
of the applicable end-of-course examination prescribed under that 2645
section.2646

       (2) For the 2014-2015 school year, if a student is enrolled 2647
in an appropriate course under the dual enrollment program 2648
described in former division (A)(3) of section 3313.6013 of the 2649
Revised Code, as it existed prior to September 17, 2014, in the 2650
area of science, American history, or American government, that 2651
student shall either:2652

       (a) Take the applicable examination under that dual 2653
enrollment program in lieu of the science, American history, or 2654
American government end-of-course examination, whichever is 2655
applicable, prescribed under division (B)(2) of section 3301.0712 2656
of the Revised Code;2657

       (b) Not be required to take the science, American history, or 2658
American government end-of-course examination, whichever is 2659
applicable, prescribed under division (B)(2) of section 3301.0712 2660
of the Revised Code. Instead, that student's final course grade 2661
shall be used in lieu of the applicable end-of-course examination 2662
prescribed under that section.2663

       Divisions (A)(1) and (A)(2)(b) of this section shall apply 2664
only to courses for which students receive transcripted credit, as 2665
defined in division (U) of section 3365.01 of the Revised Code. 2666
Neither division shall apply to remedial or developmental courses.2667

       (B) For purposes of this section:2668

       (1) The State Board of Education shall specify the score 2669
levels for each examination required under this section for 2670
purposes of calculating the minimum cumulative performance score 2671
that demonstrates the level of academic achievement necessary to 2672
earn a high school diploma.2673

       (2) The Superintendent of Public Instruction, in consultation 2674
with the Chancellor of the Ohio Board of Regents, shall adopt 2675
guidelines for purposes of calculating the corresponding final 2676
course grades that demonstrate the level of academic achievement 2677
necessary to earn a high school diploma.2678

       Section 12.  (A) Notwithstanding anything to the contrary in 2679
the Revised Code, for the 2014-2015 school year only, except as 2680
provided in division (B) of this section, a chartered nonpublic 2681
school shall not be required to administer, nor shall a student 2682
enrolled in a chartered nonpublic school be required to take, any 2683
of the end-of-course examinations prescribed by division (B) of 2684
section 3301.0712 of the Revised Code. For purposes of section 2685
3313.612 of the Revised Code, a student's final course grade shall 2686
be used in lieu of a score on the corresponding end-of-course 2687
examination from which the student is exempt to determine whether 2688
the student complies with any graduation testing requirements that 2689
may apply to the student in subsequent school years.2690

       The Superintendent of Public Instruction, in consultation 2691
with the Chancellor of the Ohio Board of Regents, shall adopt 2692
guidelines for purposes of calculating the corresponding final 2693
course grades that demonstrate the level of academic achievement 2694
necessary to earn a high school diploma.2695

       (B) Students attending a chartered nonpublic school under a 2696
state scholarship program, as defined in section 3301.0711 of the 2697
Revised Code, shall continue to be subject to section 3310.14 of 2698
the Revised Code and to the graduation requirements of section 2699
3313.618 of the Revised Code.2700