As Reported by the Committee of Conference

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 487


Representative Brenner 

Cosponsors: Representatives Anielski, Grossman, Henne, Stebelton, Terhar Speaker Batchelder 

Senators Lehner, Gardner, Hite, Sawyer 



A BILL
To amend sections 133.06, 149.433, 921.06, 3301.079, 1
3301.0710, 3301.0711, 3301.0712, 3301.0714, 2
3301.0715, 3301.16, 3302.01, 3302.02, 3302.03, 3
3302.031, 3302.10, 3310.03, 3310.031, 3310.13, 4
3310.14, 3310.522, 3311.24, 3311.38, 3311.86, 5
3313.372, 3313.532, 3313.537, 3313.539, 3313.603, 6
3313.6013, 3313.6014, 3313.6016, 3313.61, 7
3313.611, 3313.612, 3313.614, 3313.615, 3313.617, 8
3313.843, 3313.90, 3313.976, 3314.02, 3314.03, 9
3314.06, 3314.08, 3314.35, 3314.36, 3317.03, 10
3318.70, 3319.22, 3319.26, 3319.31, 3324.07, 11
3325.02, 3325.06, 3325.07, 3325.08, 3325.10, 12
3326.11, 3326.36, 3328.24, 3328.25, 3331.04, 13
3333.041, 3333.123, 3333.35, 3333.43, 3333.86, 14
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 15
3365.06, 3365.08, 3365.11, and 3707.511; to amend, 16
for the purpose of adopting new section numbers as 17
indicated in parentheses, sections 3365.04 18
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 19
3365.06 (3365.031), and 3365.11 (3365.09); to 20
enact new sections 3313.536, 3365.01, 3365.02, 21
3365.03, 3365.04, 3365.05, 3365.07, 3365.10, 22
3365.11, and 3365.15 and sections 3301.078, 23
3301.163, 3301.28, 3301.947, 3301.948, 3302.035, 24
3302.036, 3302.15, 3311.241, 3313.21, 3313.212, 25
3313.6020, 3313.618, 3314.191, 3314.352, 3319.261, 26
3324.09, 3324.11, 3325.071, 3325.09, 3325.17, 27
3326.29, 3365.033, 3365.071, 3365.13, and 28
3707.521; and to repeal sections 3313.536, 29
3345.062, 3365.01, 3365.02, 3365.021, 3365.022, 30
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 31
3365.15 of the Revised Code; and to amend Section 32
263.20 of Am. Sub. H.B. 59 of the 130th General 33
Assembly with regard to education provisions for 34
students in grades kindergarten through twelve.35


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

       Section 1. That sections 133.06, 149.433, 921.06, 3301.079, 36
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.16, 37
3302.01, 3302.02, 3302.03, 3302.031, 3302.10, 3310.03, 3310.031, 38
3310.13, 3310.14, 3310.522, 3311.24, 3311.38, 3311.86, 3313.372, 39
3313.532, 3313.537, 3313.539, 3313.603, 3313.6013, 3313.6014, 40
3313.6016, 3313.61, 3313.611, 3313.612, 3313.614, 3313.615, 41
3313.617, 3313.843, 3313.90, 3313.976, 3314.02, 3314.03, 3314.06, 42
3314.08, 3314.35, 3314.36, 3317.03, 3318.70, 3319.22, 3319.26, 43
3319.31, 3324.07, 3325.02, 3325.06, 3325.07, 3325.08, 3325.10, 44
3326.11, 3326.36, 3328.24, 3328.25, 3331.04, 3333.041, 3333.123, 45
3333.35, 3333.43, 3333.86, 3345.06, 3345.061, 3365.04, 3365.041, 46
3365.05, 3365.06, 3365.08, 3365.11, and 3707.511 be amended; 47
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05 48
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended 49
for the purpose of adopting new section numbers as indicated in 50
parentheses; and new sections 3313.536, 3365.01, 3365.02, 3365.03, 51
3365.04, 3365.05, 3365.07, 3365.10, 3365.11, and 3365.15 and 52
sections 3301.078, 3301.163, 3301.28, 3301.947, 3301.948, 53
3302.035, 3302.036, 3302.15, 3311.241, 3313.21, 3313.212, 54
3313.6020, 3313.618, 3314.191, 3314.352, 3319.261, 3324.09, 55
3324.11, 3325.071, 3325.09, 3325.17, 3326.29, 3365.033, 3365.071, 56
3365.13, and 3707.521 of the Revised Code be enacted to read as 57
follows:58

       Sec. 133.06.  (A) A school district shall not incur, without 59
a vote of the electors, net indebtedness that exceeds an amount 60
equal to one-tenth of one per cent of its tax valuation, except as 61
provided in divisions (G) and (H) of this section and in division 62
(C) of section 3313.372 of the Revised Code, or as prescribed in 63
section 3318.052 or 3318.44 of the Revised Code, or as provided in 64
division (J) of this section.65

       (B) Except as provided in divisions (E), (F), and (I) of this 66
section, a school district shall not incur net indebtedness that 67
exceeds an amount equal to nine per cent of its tax valuation.68

       (C) A school district shall not submit to a vote of the 69
electors the question of the issuance of securities in an amount 70
that will make the district's net indebtedness after the issuance 71
of the securities exceed an amount equal to four per cent of its 72
tax valuation, unless the superintendent of public instruction, 73
acting under policies adopted by the state board of education, and 74
the tax commissioner, acting under written policies of the 75
commissioner, consent to the submission. A request for the 76
consents shall be made at least one hundred twenty days prior to 77
the election at which the question is to be submitted.78

       The superintendent of public instruction shall certify to the 79
district the superintendent's and the tax commissioner's decisions 80
within thirty days after receipt of the request for consents.81

       If the electors do not approve the issuance of securities at 82
the election for which the superintendent of public instruction 83
and tax commissioner consented to the submission of the question, 84
the school district may submit the same question to the electors 85
on the date that the next special election may be held under 86
section 3501.01 of the Revised Code without submitting a new 87
request for consent. If the school district seeks to submit the 88
same question at any other subsequent election, the district shall 89
first submit a new request for consent in accordance with this 90
division.91

       (D) In calculating the net indebtedness of a school district, 92
none of the following shall be considered:93

       (1) Securities issued to acquire school buses and other 94
equipment used in transporting pupils or issued pursuant to 95
division (D) of section 133.10 of the Revised Code;96

       (2) Securities issued under division (F) of this section, 97
under section 133.301 of the Revised Code, and, to the extent in 98
excess of the limitation stated in division (B) of this section, 99
under division (E) of this section;100

       (3) Indebtedness resulting from the dissolution of a joint 101
vocational school district under section 3311.217 of the Revised 102
Code, evidenced by outstanding securities of that joint vocational 103
school district;104

       (4) Loans, evidenced by any securities, received under 105
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;106

       (5) Debt incurred under section 3313.374 of the Revised Code;107

       (6) Debt incurred pursuant to division (B)(5) of section 108
3313.37 of the Revised Code to acquire computers and related 109
hardware;110

       (7) Debt incurred under section 3318.042 of the Revised Code.111

       (E) A school district may become a special needs district as 112
to certain securities as provided in division (E) of this section.113

       (1) A board of education, by resolution, may declare its 114
school district to be a special needs district by determining both 115
of the following:116

       (a) The student population is not being adequately serviced 117
by the existing permanent improvements of the district.118

       (b) The district cannot obtain sufficient funds by the 119
issuance of securities within the limitation of division (B) of 120
this section to provide additional or improved needed permanent 121
improvements in time to meet the needs.122

       (2) The board of education shall certify a copy of that 123
resolution to the superintendent of public instruction with a 124
statistical report showing all of the following:125

       (a) The history of and a projection of the growth of the tax 126
valuation;127

       (b) The projected needs;128

       (c) The estimated cost of permanent improvements proposed to 129
meet such projected needs.130

       (3) The superintendent of public instruction shall certify 131
the district as an approved special needs district if the 132
superintendent finds both of the following:133

       (a) The district does not have available sufficient 134
additional funds from state or federal sources to meet the 135
projected needs.136

       (b) The projection of the potential average growth of tax 137
valuation during the next five years, according to the information 138
certified to the superintendent and any other information the 139
superintendent obtains, indicates a likelihood of potential 140
average growth of tax valuation of the district during the next 141
five years of an average of not less than one and one-half per 142
cent per year. The findings and certification of the 143
superintendent shall be conclusive.144

       (4) An approved special needs district may incur net 145
indebtedness by the issuance of securities in accordance with the 146
provisions of this chapter in an amount that does not exceed an 147
amount equal to the greater of the following:148

       (a) Twelve per cent of the sum of its tax valuation plus an 149
amount that is the product of multiplying that tax valuation by 150
the percentage by which the tax valuation has increased over the 151
tax valuation on the first day of the sixtieth month preceding the 152
month in which its board determines to submit to the electors the 153
question of issuing the proposed securities;154

       (b) Twelve per cent of the sum of its tax valuation plus an 155
amount that is the product of multiplying that tax valuation by 156
the percentage, determined by the superintendent of public 157
instruction, by which that tax valuation is projected to increase 158
during the next ten years.159

       (F) A school district may issue securities for emergency 160
purposes, in a principal amount that does not exceed an amount 161
equal to three per cent of its tax valuation, as provided in this 162
division.163

       (1) A board of education, by resolution, may declare an 164
emergency if it determines both of the following:165

       (a) School buildings or other necessary school facilities in 166
the district have been wholly or partially destroyed, or condemned 167
by a constituted public authority, or that such buildings or 168
facilities are partially constructed, or so constructed or planned 169
as to require additions and improvements to them before the 170
buildings or facilities are usable for their intended purpose, or 171
that corrections to permanent improvements are necessary to remove 172
or prevent health or safety hazards.173

       (b) Existing fiscal and net indebtedness limitations make 174
adequate replacement, additions, or improvements impossible.175

       (2) Upon the declaration of an emergency, the board of 176
education may, by resolution, submit to the electors of the 177
district pursuant to section 133.18 of the Revised Code the 178
question of issuing securities for the purpose of paying the cost, 179
in excess of any insurance or condemnation proceeds received by 180
the district, of permanent improvements to respond to the 181
emergency need.182

       (3) The procedures for the election shall be as provided in 183
section 133.18 of the Revised Code, except that:184

       (a) The form of the ballot shall describe the emergency 185
existing, refer to this division as the authority under which the 186
emergency is declared, and state that the amount of the proposed 187
securities exceeds the limitations prescribed by division (B) of 188
this section;189

       (b) The resolution required by division (B) of section 133.18 190
of the Revised Code shall be certified to the county auditor and 191
the board of elections at least one hundred days prior to the 192
election;193

       (c) The county auditor shall advise and, not later than 194
ninety-five days before the election, confirm that advice by 195
certification to, the board of education of the information 196
required by division (C) of section 133.18 of the Revised Code;197

       (d) The board of education shall then certify its resolution 198
and the information required by division (D) of section 133.18 of 199
the Revised Code to the board of elections not less than ninety 200
days prior to the election.201

       (4) Notwithstanding division (B) of section 133.21 of the 202
Revised Code, the first principal payment of securities issued 203
under this division may be set at any date not later than sixty 204
months after the earliest possible principal payment otherwise 205
provided for in that division.206

       (G)(1) The board of education may contract with an architect, 207
professional engineer, or other person experienced in the design 208
and implementation of energy conservation measures for an analysis 209
and recommendations pertaining to installations, modifications of 210
installations, or remodeling that would significantly reduce 211
energy consumption in buildings owned by the district. The report 212
shall include estimates of all costs of such installations, 213
modifications, or remodeling, including costs of design, 214
engineering, installation, maintenance, repairs, measurement and 215
verification of energy savings, and debt service, forgone residual 216
value of materials or equipment replaced by the energy 217
conservation measure, as defined by the Ohio school facilities 218
commission, a baseline analysis of actual energy consumption data 219
for the preceding three years with the utility baseline based on 220
only the actual energy consumption data for the preceding twelve 221
months, and estimates of the amounts by which energy consumption 222
and resultant operational and maintenance costs, as defined by the 223
commission, would be reduced.224

       If the board finds after receiving the report that the amount 225
of money the district would spend on such installations, 226
modifications, or remodeling is not likely to exceed the amount of 227
money it would save in energy and resultant operational and 228
maintenance costs over the ensuing fifteen years, the board may 229
submit to the commission a copy of its findings and a request for 230
approval to incur indebtedness to finance the making or 231
modification of installations or the remodeling of buildings for 232
the purpose of significantly reducing energy consumption.233

        The school facilities commission, in consultation with the 234
auditor of state, may deny a request under this division by the 235
board of education any school district is in a state of fiscal 236
watch pursuant to division (A) of section 3316.03 of the Revised 237
Code, if it determines that the expenditure of funds is not in the 238
best interest of the school district.239

       No district board of education of a school district that is 240
in a state of fiscal emergency pursuant to division (B) of section 241
3316.03 of the Revised Code shall submit a request without 242
submitting evidence that the installations, modifications, or 243
remodeling have been approved by the district's financial planning 244
and supervision commission established under section 3316.05 of 245
the Revised Code.246

       No board of education of a school district that, for three or 247
more consecutive years, has been declared to be in a state of 248
academic emergency under section 3302.03 of the Revised Code, as 249
that section existed prior to March 22, 2013, and has failed to 250
meet adequate yearly progress, or has met any condition set forth 251
in division (A)(2),or (3), or (4) of section 3302.10 of the 252
Revised Code shall submit a request without first receiving 253
approval to incur indebtedness from the district's academic 254
distress commission established under that section, for so long as 255
such commission continues to be required for the district.256

       (2) The school facilities commission shall approve the 257
board's request provided that the following conditions are 258
satisfied:259

       (a) The commission determines that the board's findings are 260
reasonable.261

       (b) The request for approval is complete.262

       (c) The installations, modifications, or remodeling are 263
consistent with any project to construct or acquire classroom 264
facilities, or to reconstruct or make additions to existing 265
classroom facilities under sections 3318.01 to 3318.20 or sections 266
3318.40 to 3318.45 of the Revised Code.267

       Upon receipt of the commission's approval, the district may 268
issue securities without a vote of the electors in a principal 269
amount not to exceed nine-tenths of one per cent of its tax 270
valuation for the purpose of making such installations, 271
modifications, or remodeling, but the total net indebtedness of 272
the district without a vote of the electors incurred under this 273
and all other sections of the Revised Code, except section 274
3318.052 of the Revised Code, shall not exceed one per cent of the 275
district's tax valuation.276

       (3) So long as any securities issued under this division 277
remain outstanding, the board of education shall monitor the 278
energy consumption and resultant operational and maintenance costs 279
of buildings in which installations or modifications have been 280
made or remodeling has been done pursuant to this division and. 281
Except as provided in division (G)(4) of this section, the board282
shall maintain and annually update a report in a form and manner 283
prescribed by the school facilities commission documenting the 284
reductions in energy consumption and resultant operational and 285
maintenance cost savings attributable to such installations, 286
modifications, or remodeling. The report shall be certified by an 287
architect or engineer independent of any person that provided 288
goods or services to the board in connection with the energy 289
conservation measures that are the subject of the report. The 290
resultant operational and maintenance cost savings shall be 291
certified by the school district treasurer. The report shall be 292
submitted annually to the commission.293

       (4) If the school facilities commission verifies that the 294
certified annual reports submitted to the commission by a board of 295
education under division (G)(3) of this section fulfill the 296
guarantee required under division (B) of section 3313.372 of the 297
Revised Code for three consecutive years, the board of education 298
shall no longer be subject to the annual reporting requirements of 299
division (G)(3) of this section.300

       (H) With the consent of the superintendent of public 301
instruction, a school district may incur without a vote of the 302
electors net indebtedness that exceeds the amounts stated in 303
divisions (A) and (G) of this section for the purpose of paying 304
costs of permanent improvements, if and to the extent that both of 305
the following conditions are satisfied:306

       (1) The fiscal officer of the school district estimates that 307
receipts of the school district from payments made under or 308
pursuant to agreements entered into pursuant to section 725.02, 309
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 310
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 311
Code, or distributions under division (C) of section 5709.43 of 312
the Revised Code, or any combination thereof, are, after 313
accounting for any appropriate coverage requirements, sufficient 314
in time and amount, and are committed by the proceedings, to pay 315
the debt charges on the securities issued to evidence that 316
indebtedness and payable from those receipts, and the taxing 317
authority of the district confirms the fiscal officer's estimate, 318
which confirmation is approved by the superintendent of public 319
instruction;320

       (2) The fiscal officer of the school district certifies, and 321
the taxing authority of the district confirms, that the district, 322
at the time of the certification and confirmation, reasonably 323
expects to have sufficient revenue available for the purpose of 324
operating such permanent improvements for their intended purpose 325
upon acquisition or completion thereof, and the superintendent of 326
public instruction approves the taxing authority's confirmation.327

       The maximum maturity of securities issued under division (H) 328
of this section shall be the lesser of twenty years or the maximum 329
maturity calculated under section 133.20 of the Revised Code.330

       (I) A school district may incur net indebtedness by the 331
issuance of securities in accordance with the provisions of this 332
chapter in excess of the limit specified in division (B) or (C) of 333
this section when necessary to raise the school district portion 334
of the basic project cost and any additional funds necessary to 335
participate in a project under Chapter 3318. of the Revised Code, 336
including the cost of items designated by the Ohio school 337
facilities commission as required locally funded initiatives, the 338
cost of other locally funded initiatives in an amount that does 339
not exceed fifty per cent of the district's portion of the basic 340
project cost, and the cost for site acquisition. The school 341
facilities commission shall notify the superintendent of public 342
instruction whenever a school district will exceed either limit 343
pursuant to this division.344

       (J) A school district whose portion of the basic project cost 345
of its classroom facilities project under sections 3318.01 to 346
3318.20 of the Revised Code is greater than or equal to one 347
hundred million dollars may incur without a vote of the electors 348
net indebtedness in an amount up to two per cent of its tax 349
valuation through the issuance of general obligation securities in 350
order to generate all or part of the amount of its portion of the 351
basic project cost if the controlling board has approved the 352
school facilities commission's conditional approval of the project 353
under section 3318.04 of the Revised Code. The school district 354
board and the Ohio school facilities commission shall include the 355
dedication of the proceeds of such securities in the agreement 356
entered into under section 3318.08 of the Revised Code. No state 357
moneys shall be released for a project to which this section 358
applies until the proceeds of any bonds issued under this section 359
that are dedicated for the payment of the school district portion 360
of the project are first deposited into the school district's 361
project construction fund.362

       Sec. 149.433. (A) As used in this section:363

       (1) "Act of terrorism" has the same meaning as in section 364
2909.21 of the Revised Code.365

       (2) "Infrastructure record" means any record that discloses 366
the configuration of a public office's or chartered nonpublic 367
school's critical systems including, but not limited to, 368
communication, computer, electrical, mechanical, ventilation, 369
water, and plumbing systems, security codes, or the infrastructure 370
or structural configuration of the building in which a public 371
office or chartered nonpublic school is located. "Infrastructure 372
record" does not mean a simple floor plan that discloses only the 373
spatial relationship of components of a public office or chartered 374
nonpublic school or the building in which a public office or 375
chartered nonpublic school is located.376

       (3) "Security record" means any of the following:377

       (a) Any record that contains information directly used for 378
protecting or maintaining the security of a public office against 379
attack, interference, or sabotage;380

       (b) Any record assembled, prepared, or maintained by a public 381
office or public body to prevent, mitigate, or respond to acts of 382
terrorism, including any of the following:383

       (i) Those portions of records containing specific and unique 384
vulnerability assessments or specific and unique response plans 385
either of which is intended to prevent or mitigate acts of 386
terrorism, and communication codes or deployment plans of law 387
enforcement or emergency response personnel;388

       (ii) Specific intelligence information and specific 389
investigative records shared by federal and international law 390
enforcement agencies with state and local law enforcement and 391
public safety agencies;392

       (iii) National security records classified under federal 393
executive order and not subject to public disclosure under federal 394
law that are shared by federal agencies, and other records related 395
to national security briefings to assist state and local 396
government with domestic preparedness for acts of terrorism.397

       (c) A school safetyAn emergency management plan adopted 398
pursuant to section 3313.536 of the Revised Code.399

       (B) A record kept by a public office that is a security 400
record or an infrastructure record is not a public record under 401
section 149.43 of the Revised Code and is not subject to mandatory 402
release or disclosure under that section.403

       (C) Notwithstanding any other section of the Revised Code, 404
disclosure by a public office, public employee, chartered 405
nonpublic school, or chartered nonpublic school employee of a 406
security record or infrastructure record that is necessary for 407
construction, renovation, or remodeling work on any public 408
building or project or chartered nonpublic school does not 409
constitute public disclosure for purposes of waiving division (B) 410
of this section and does not result in that record becoming a 411
public record for purposes of section 149.43 of the Revised Code.412

       Sec. 921.06.  (A)(1) No individual shall do any of the 413
following without having a commercial applicator license issued by 414
the director of agriculture:415

       (a) Apply pesticides for a pesticide business without direct 416
supervision;417

       (b) Apply pesticides as part of the individual's duties while 418
acting as an employee of the United States government, a state, 419
county, township, or municipal corporation, or a park district, 420
port authority, or sanitary district created under Chapter 1545., 421
4582., or 6115. of the Revised Code, respectively;422

       (c) Apply restricted use pesticides. Division (A)(1)(c) of 423
this section does not apply to a private applicator or an 424
immediate family member or a subordinate employee of a private 425
applicator who is acting under the direct supervision of that 426
private applicator.427

       (d) If the individual is the owner of a business other than a 428
pesticide business or an employee of such an owner, apply 429
pesticides at any of the following publicly accessible sites that 430
are located on the property:431

       (i) Food service operations that are licensed under Chapter 432
3717. of the Revised Code;433

       (ii) Retail food establishments that are licensed under 434
Chapter 3717. of the Revised Code;435

       (iii) Golf courses;436

       (iv) Rental properties of more than four apartment units at 437
one location;438

       (v) Hospitals or medical facilities as defined in section 439
3701.01 of the Revised Code;440

       (vi) Child day-care centers or school child day-care centers 441
as defined in section 5104.01 of the Revised Code;442

       (vii) Facilities owned or operated by a school district 443
established under Chapter 3311. of the Revised Code, including an 444
educationeducational service center, a community school 445
established under Chapter 3314. of the Revised Code, or a 446
chartered or nonchartered nonpublic school that meets minimum 447
standards established by the state board of education;448

       (viii) Colleges as defined in section 3365.01State 449
institutions of higher education as defined in section 3345.011 of 450
the Revised Code, nonprofit institutions holding a certificate of 451
authorization pursuant to Chapter 1713. of the Revised Code, 452
institutions holding a certificate of registration from the state 453
board of career colleges and schools and program authorization for 454
an associate or bachelor's degree program issued under section 455
3332.05 of the Revised Code, and private institutions exempt from 456
regulation under Chapter 3332. of the Revised Code as prescribed 457
in section 3333.046 of the Revised Code;458

       (ix) Food processing establishments as defined in section 459
3715.021 of the Revised Code;460

       (x) Any other site designated by rule.461

       (e) Conduct authorized diagnostic inspections.462

       (2) Divisions (A)(1)(a) to (d) of this section do not apply 463
to an individual who is acting as a trained serviceperson under 464
the direct supervision of a commercial applicator.465

       (3) Licenses shall be issued for a period of time established 466
by rule and shall be renewed in accordance with deadlines 467
established by rule. The fee for each such license shall be 468
established by rule. If a license is not issued or renewed, the 469
application fee shall be retained by the state as payment for the 470
reasonable expense of processing the application. The director 471
shall by rule classify by pesticide-use category licenses to be 472
issued under this section. A single license may include more than 473
one pesticide-use category. No individual shall be required to pay 474
an additional license fee if the individual is licensed for more 475
than one category.476

       The fee for each license or renewal does not apply to an 477
applicant who is an employee of the department of agriculture 478
whose job duties require licensure as a commercial applicator as a 479
condition of employment.480

       (B) Application for a commercial applicator license shall be 481
made on a form prescribed by the director. Each application for a 482
license shall state the pesticide-use category or categories of 483
license for which the applicant is applying and other information 484
that the director determines essential to the administration of 485
this chapter.486

       (C) If the director finds that the applicant is competent to 487
apply pesticides and conduct diagnostic inspections and that the 488
applicant has passed both the general examination and each 489
applicable pesticide-use category examination as required under 490
division (A) of section 921.12 of the Revised Code, the director 491
shall issue a commercial applicator license limited to the 492
pesticide-use category or categories for which the applicant is 493
found to be competent. If the director rejects an application, the 494
director may explain why the application was rejected, describe 495
the additional requirements necessary for the applicant to obtain 496
a license, and return the application. The applicant may resubmit 497
the application without payment of any additional fee.498

       (D)(1) A person who is a commercial applicator shall be 499
deemed to hold a private applicator's license for purposes of 500
applying pesticides on agricultural commodities that are produced 501
by the commercial applicator.502

       (2) A commercial applicator shall apply pesticides only in 503
the pesticide-use category or categories in which the applicator 504
is licensed under this chapter.505

       (E) All money collected under this section shall be credited 506
to the pesticide, fertilizer, and lime program fund created in 507
section 921.22 of the Revised Code.508

       Sec. 3301.078.  No official or board of this state, whether 509
appointed or elected, shall enter into any agreement or memorandum 510
of understanding with any federal or private entity that would 511
require the state to cede any measure of control over the 512
development, adoption, or revision of academic content standards.513

       Sec. 3301.079.  (A)(1) The state board of education 514
periodically shall adopt statewide academic standards with 515
emphasis on coherence, focus, and rigoressential knowledge and 516
that are more challenging and demanding when compared to 517
international standards for each of grades kindergarten through 518
twelve in English language arts, mathematics, science, and social 519
studies.520

       (a) The state board shall ensure that the standards shall 521
specifydo all of the following:522

       (i) The coreInclude the essential academic content and 523
skills that students are expected to know and be able to do at 524
each grade level that will allow each student to be prepared for 525
postsecondary instruction and the workplace for success in the 526
twenty-first century;527

       (ii) TheInclude the development of skill sets that promote 528
information, media, and technological literacy;529

       (iii) InterdisciplinaryInclude interdisciplinary, 530
project-based, real-world learning opportunities;531

       (iv) Instill life-long learning by providing essential 532
knowledge and skills based in the liberal arts tradition, as well 533
as science, technology, engineering, mathematics, and 534
career-technical education;535

        (v) Be clearly written, transparent, and understandable by 536
parents, educators, and the general public.537

       (b) Not later than July 1, 2012, the state board shall 538
incorporate into the social studies standards for grades four to 539
twelve academic content regarding the original texts of the 540
Declaration of Independence, the Northwest Ordinance, the 541
Constitution of the United States and its amendments, with 542
emphasis on the Bill of Rights, and the Ohio Constitution, and 543
their original context. The state board shall revise the model 544
curricula and achievement assessments adopted under divisions (B) 545
and (C) of this section as necessary to reflect the additional 546
American history and American government content. The state board 547
shall make available a list of suggested grade-appropriate 548
supplemental readings that place the documents prescribed by this 549
division in their historical context, which teachers may use as a 550
resource to assist students in reading the documents within that 551
context.552

       (c) When the state board adopts or revises academic content 553
standards in social studies, American history, American 554
government, or science under division (A)(1) of this section, the 555
state board shall develop such standards independently and not as 556
part of a multistate consortium.557

       (2) After completing the standards required by division 558
(A)(1) of this section, the state board shall adopt standards and 559
model curricula for instruction in technology, financial literacy 560
and entrepreneurship, fine arts, and foreign language for grades 561
kindergarten through twelve. The standards shall meet the same 562
requirements prescribed in division (A)(1)(a) of this section. 563

       (3) The state board shall adopt the most recent standards 564
developed by the national association for sport and physical 565
education for physical education in grades kindergarten through 566
twelve or shall adopt its own standards for physical education in 567
those grades and revise and update them periodically. 568

       The department of education shall employ a full-time physical 569
education coordinator to provide guidance and technical assistance 570
to districts, community schools, and STEM schools in implementing 571
the physical education standards adopted under this division. The 572
superintendent of public instruction shall determine that the 573
person employed as coordinator is qualified for the position, as 574
demonstrated by possessing an adequate combination of education, 575
license, and experience.576

       (4) When academic standards have been completed for any 577
subject area required by this section, the state board shall 578
inform all school districts, all community schools established 579
under Chapter 3314. of the Revised Code, all STEM schools 580
established under Chapter 3326. of the Revised Code, and all 581
nonpublic schools required to administer the assessments 582
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code 583
of the content of those standards. Additionally, upon completion 584
of any academic standards under this section, the department shall 585
post those standards on the department's web site.586

       (B)(1) The state board shall adopt a model curriculum for 587
instruction in each subject area for which updated academic 588
standards are required by division (A)(1) of this section and for 589
each of grades kindergarten through twelve that is sufficient to 590
meet the needs of students in every community. The model 591
curriculum shall be aligned with the standards, to ensure that the 592
academic content and skills specified for each grade level are 593
taught to students, and shall demonstrate vertical articulation 594
and emphasize coherence, focus, and rigor. When any model 595
curriculum has been completed, the state board shall inform all 596
school districts, community schools, and STEM schools of the 597
content of that model curriculum.598

       (2) Not later than June 30, 2013, the state board, in 599
consultation with any office housed in the governor's office that 600
deals with workforce development, shall adopt model curricula for 601
grades kindergarten through twelve that embed career connection 602
learning strategies into regular classroom instruction.603

       (3) All school districts, community schools, and STEM schools 604
may utilize the state standards and the model curriculum 605
established by the state board, together with other relevant 606
resources, examples, or models to ensure that students have the 607
opportunity to attain the academic standards. Upon request, the 608
department shall provide technical assistance to any district, 609
community school, or STEM school in implementing the model 610
curriculum.611

       Nothing in this section requires any school district to 612
utilize all or any part of a model curriculum developed under this 613
section.614

       (C) The state board shall develop achievement assessments 615
aligned with the academic standards and model curriculum for each 616
of the subject areas and grade levels required by divisions (A)(1) 617
and (B)(1) of section 3301.0710 of the Revised Code.618

       When any achievement assessment has been completed, the state 619
board shall inform all school districts, community schools, STEM 620
schools, and nonpublic schools required to administer the 621
assessment of its completion, and the department shall make the 622
achievement assessment available to the districts and schools. 623

       (D)(1) The state board shall adopt a diagnostic assessment 624
aligned with the academic standards and model curriculum for each 625
of grades kindergarten through two in reading, writing, and 626
mathematics and for grade three in reading and writing. The 627
diagnostic assessment shall be designed to measure student 628
comprehension of academic content and mastery of related skills 629
for the relevant subject area and grade level. Any diagnostic 630
assessment shall not include components to identify gifted 631
students. Blank copies of diagnostic assessments shall be public 632
records.633

       (2) When each diagnostic assessment has been completed, the 634
state board shall inform all school districts of its completion 635
and the department shall make the diagnostic assessment available 636
to the districts at no cost to the district. School districts 637
shall administer the diagnostic assessment pursuant to section 638
3301.0715 of the Revised Code beginning the first school year 639
following the development of the assessment.640

       (E) The state board shall not adopt a diagnostic or 641
achievement assessment for any grade level or subject area other 642
than those specified in this section.643

       (F) Whenever the state board or the department consults with 644
persons for the purpose of drafting or reviewing any standards, 645
diagnostic assessments, achievement assessments, or model 646
curriculum required under this section, the state board or the 647
department shall first consult with parents of students in 648
kindergarten through twelfth grade and with active Ohio classroom 649
teachers, other school personnel, and administrators with 650
expertise in the appropriate subject area. Whenever practicable, 651
the state board and department shall consult with teachers 652
recognized as outstanding in their fields.653

       If the department contracts with more than one outside entity 654
for the development of the achievement assessments required by 655
this section, the department shall ensure the interchangeability 656
of those assessments.657

       (G) Whenever the state board adopts standards or model 658
curricula under this section, the department also shall provide 659
information on the use of blended or digital learning in the 660
delivery of the standards or curricula to students in accordance 661
with division (A)(4) of this section. 662

       (H) The fairness sensitivity review committee, established by 663
rule of the state board of education, shall not allow any question 664
on any achievement or diagnostic assessment developed under this 665
section or any proficiency test prescribed by former section 666
3301.0710 of the Revised Code, as it existed prior to September 667
11, 2001, to include, be written to promote, or inquire as to 668
individual moral or social values or beliefs. The decision of the 669
committee shall be final. This section does not create a private 670
cause of action.671

       (I)(1)(a) The English language arts academic standards review 672
committee is hereby created to review academic content standards 673
in the subject of English language arts. The committee shall 674
consist of the following members:675

       (i) Three experts who are residents of this state and who 676
primarily conduct research, provide instruction, currently work 677
in, or possess an advanced degree in the subject area. One expert 678
shall be appointed by each of the president of the senate, the 679
speaker of the house of representatives, and the governor;680

       (ii) One parent or guardian appointed by the president of the 681
senate;682

       (iii) One educator who is currently teaching in a classroom, 683
appointed by the speaker of the house of representatives;684

        (iv) The chancellor of the Ohio board of regents, or the 685
chancellor's designee;686

        (v) The state superintendent, or the superintendent's 687
designee, who shall serve as the chairperson of the committee.688

       (b) The mathematics academic standards review committee is 689
hereby created to review academic content standards in the subject 690
of mathematics. The committee shall consist of the following 691
members:692

       (i) Three experts who are residents of this state and who 693
primarily conduct research, provide instruction, currently work 694
in, or possess an advanced degree in the subject area. One expert 695
shall be appointed by each of the president of the senate, the 696
speaker of the house of representatives, and the governor;697

       (ii) One parent or guardian appointed by the speaker of the 698
house of representatives;699

       (iii) One educator who is currently teaching in a classroom, 700
appointed by the president of the senate;701

        (iv) The chancellor, or the chancellor's designee;702

        (v) The state superintendent, or the superintendent's 703
designee, who shall serve as the chairperson of the committee.704

       (c) The science academic standards review committee is hereby 705
created to review academic content standards in the subject of 706
science. The committee shall consist of the following members:707

       (i) Three experts who are residents of this state and who 708
primarily conduct research, provide instruction, currently work 709
in, or possess an advanced degree in the subject area. One expert 710
shall be appointed by each of the president of the senate, the 711
speaker of the house of representatives, and the governor;712

       (ii) One parent or guardian appointed by the president of the 713
senate;714

       (iii) One educator who is currently teaching in a classroom, 715
appointed by the speaker of the house of representatives;716

        (iv) The chancellor, or the chancellor's designee;717

        (v) The state superintendent, or the superintendent's 718
designee, who shall serve as the chairperson of the committee.719

       (d) The social studies academic standards review committee is 720
hereby created to review academic content standards in the subject 721
of social studies. The committee shall consist of the following 722
members:723

       (i) Three experts who are residents of this state and who 724
primarily conduct research, provide instruction, currently work 725
in, or possess an advanced degree in the subject area. One expert 726
shall be appointed by each of the president of the senate, the 727
speaker of the house of representatives, and the governor;728

       (ii) One parent or guardian appointed by the speaker of the 729
house of representatives;730

       (iii) One educator who is currently teaching in a classroom, 731
appointed by the president of the senate;732

        (iv) The chancellor, or the chancellor's designee;733

        (v) The state superintendent, or the superintendent's 734
designee, who shall serve as the chairperson of the committee.735

       (2)(a) Each committee created in division (I)(1) of this 736
section shall review the academic content standards for its 737
respective subject area to ensure that such standards are clear, 738
concise, and appropriate for each grade level and promote higher 739
student performance, learning, subject matter comprehension, and 740
improved student achievement. Each committee also shall review 741
whether the standards for its respective subject area promote 742
essential knowledge in the subject, lifelong learning, the liberal 743
arts tradition, and college and career readiness and whether the 744
standards reduce remediation.745

       (b) Each committee shall determine whether the assessments 746
submitted to that committee under division (I)(4) of this section 747
are appropriate for the committee's respective subject area and 748
meet the academic content standards adopted under this section and 749
community expectations.750

       (3) The department of education shall provide administrative 751
support for each committee created in division (I)(1) of this 752
section. Members of each committee shall be reimbursed for 753
reasonable and necessary expenses related to the operations of the 754
committee. Members of each committee shall serve at the pleasure 755
of the appointing authority.756

       (4) Notwithstanding anything to the contrary in division (N) 757
of section 3301.0711 of the Revised Code, the department shall 758
submit to the appropriate committee created under division (I)(1) 759
of this section copies of the questions and corresponding answers 760
on the relevant assessments required by section 3301.0710 of the 761
Revised Code on the first day of July following the school year 762
that the assessments were administered. The department shall 763
provide each committee with the entire content of each relevant 764
assessment, including corresponding answers.765

       The assessments received by the committees are not public 766
records of the committees and are not subject to release by the 767
committees to any other person or entity under section 149.43 of 768
the Revised Code. However, the assessments shall become public 769
records in accordance with division (N) of section 3301.0711 of 770
the Revised Code.771

       (J) Not later than forty-five days prior to the adoption by 772
the state board of updated academic standards under division 773
(A)(1) of this section or updated model curricula under division 774
(B)(1) of this section, the superintendent of public instruction 775
shall present the academic standards or model curricula, as 776
applicable, to the respective committees of the house of 777
representatives and senate that consider education legislation.778

       (J)(K) As used in this section:779

       (1) "Blended learning" means the delivery of instruction in a 780
combination of time in a supervised physical location away from 781
home and online delivery whereby the student has some element of 782
control over time, place, path, or pace of learning. 783

       (2) "Coherence" means a reflection of the structure of the 784
discipline being taught.785

       (3) "Digital learning" means learning facilitated by 786
technology that gives students some element of control over time, 787
place, path, or pace of learning.788

       (4) "Focus" means limiting the number of items included in a 789
curriculum to allow for deeper exploration of the subject matter. 790

       (5) "Rigor" means more challenging and demanding when 791
compared to international standards.792

       (6) "Vertical articulation" means key academic concepts and 793
skills associated with mastery in particular content areas should 794
be articulated and reinforced in a developmentally appropriate 795
manner at each grade level so that over time students acquire a 796
depth of knowledge and understanding in the core academic 797
disciplines.798

       Sec. 3301.0710.  The state board of education shall adopt 799
rules establishing a statewide program to assess student 800
achievement. The state board shall ensure that all assessments 801
administered under the program are aligned with the academic 802
standards and model curricula adopted by the state board and are 803
created with input from Ohio parents, Ohio classroom teachers, 804
Ohio school administrators, and other Ohio school personnel 805
pursuant to section 3301.079 of the Revised Code.806

       The assessment program shall be designed to ensure that 807
students who receive a high school diploma demonstrate at least 808
high school levels of achievement in English language arts, 809
mathematics, science, and social studies.810

       (A)(1) The state board shall prescribe all of the following:811

       (a) Two statewide achievement assessments, one each designed 812
to measure the level of English language arts and mathematics 813
skill expected at the end of third grade;814

       (b) Three statewide achievement assessments, one each 815
designed to measure the level of English language arts, 816
mathematics, and social studies skill expected at the end of 817
fourth grade;818

       (c) Three statewide achievement assessments, one each 819
designed to measure the level of English language arts, 820
mathematics, and science skill expected at the end of fifth grade;821

       (d) Three statewide achievement assessments, one each 822
designed to measure the level of English language arts, 823
mathematics, and social studies skill expected at the end of sixth 824
grade;825

       (e) Two statewide achievement assessments, one each designed 826
to measure the level of English language arts and mathematics 827
skill expected at the end of seventh grade;828

        (f) Three statewide achievement assessments, one each 829
designed to measure the level of English language arts, 830
mathematics, and science skill expected at the end of eighth 831
grade.832

       (2) The state board shall determine and designate at least 833
five ranges of scores on each of the achievement assessments 834
described in divisions (A)(1) and (B)(1) of this section. Each 835
range of scores shall be deemed to demonstrate a level of 836
achievement so that any student attaining a score within such 837
range has achieved one of the following:838

       (a) An advanced level of skill;839

       (b) An accelerated level of skill;840

       (c) A proficient level of skill;841

       (d) A basic level of skill;842

       (e) A limited level of skill.843

       (3) For the purpose of implementing division (A) of section 844
3313.608 of the Revised Code, the state board shall determine and 845
designate a level of achievement, not lower than the level 846
designated in division (A)(2)(e) of this section, on the third 847
grade English language arts assessment for a student to be 848
promoted to the fourth grade. The state board shall review and 849
adjust upward the level of achievement designated under this 850
division each year the test is administered until the level is set 851
equal to the level designated in division (A)(2)(c) of this 852
section.853

       (B)(1) The assessments prescribed under division (B)(1) of 854
this section shall collectively be known as the Ohio graduation 855
tests. The state board shall prescribe five statewide high school 856
achievement assessments, one each designed to measure the level of 857
reading, writing, mathematics, science, and social studies skill 858
expected at the end of tenth grade. The state board shall 859
designate a score in at least the range designated under division 860
(A)(2)(c) of this section on each such assessment that shall be 861
deemed to be a passing score on the assessment as a condition 862
toward granting high school diplomas under sections 3313.61, 863
3313.611, 3313.612, and 3325.08 of the Revised Code until the 864
assessment system prescribed by section 3301.0712 of the Revised 865
Code is implemented in accordance with rules adopted by the state 866
board under division (D)(B)(2) of thatthis section.867

       (2) The state board shall prescribe an assessment system in 868
accordance with section 3301.0712 of the Revised Code that shall 869
replace the Ohio graduation tests in the manner prescribed by 870
rules adopted by the state board under division (D) of that 871
sectionbeginning with students who enter the ninth grade for the 872
first time on or after July 1, 2014.873

       (3) The state board may enter into a reciprocal agreement 874
with the appropriate body or agency of any other state that has 875
similar statewide achievement assessment requirements for 876
receiving high school diplomas, under which any student who has 877
met an achievement assessment requirement of one state is 878
recognized as having met the similar requirement of the other 879
state for purposes of receiving a high school diploma. For 880
purposes of this section and sections 3301.0711 and 3313.61 of the 881
Revised Code, any student enrolled in any public high school in 882
this state who has met an achievement assessment requirement 883
specified in a reciprocal agreement entered into under this 884
division shall be deemed to have attained at least the applicable 885
score designated under this division on each assessment required 886
by division (B)(1) or (2) of this section that is specified in the 887
agreement.888

       (C) The superintendent of public instruction shall designate 889
dates and times for the administration of the assessments 890
prescribed by divisions (A) and (B) of this section.891

       In prescribing administration dates pursuant to this 892
division, the superintendent shall designate the dates in such a 893
way as to allow a reasonable length of time between the 894
administration of assessments prescribed under this section and 895
any administration of the national assessment of educational 896
progress given to students in the same grade level pursuant to 897
section 3301.27 of the Revised Code or federal law.898

       (D) The state board shall prescribe a practice version of 899
each Ohio graduation test described in division (B)(1) of this 900
section that is of comparable length to the actual test.901

       (E) Any committee established by the department of education 902
for the purpose of making recommendations to the state board 903
regarding the state board's designation of scores on the 904
assessments described by this section shall inform the state board 905
of the probable percentage of students who would score in each of 906
the ranges established under division (A)(2) of this section on 907
the assessments if the committee's recommendations are adopted by 908
the state board. To the extent possible, these percentages shall 909
be disaggregated by gender, major racial and ethnic groups, 910
limited English proficient students, economically disadvantaged 911
students, students with disabilities, and migrant students.912

       Sec. 3301.0711.  (A) The department of education shall:913

       (1) Annually furnish to, grade, and score all assessments 914
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 915
the Revised Code to be administered by city, local, exempted 916
village, and joint vocational school districts, except that each 917
district shall score any assessment administered pursuant to 918
division (B)(10) of this section. Each assessment so furnished 919
shall include the data verification code of the student to whom 920
the assessment will be administered, as assigned pursuant to 921
division (D)(2) of section 3301.0714 of the Revised Code. In 922
furnishing the practice versions of Ohio graduation tests 923
prescribed by division (D) of section 3301.0710 of the Revised 924
Code, the department shall make the tests available on its web 925
site for reproduction by districts. In awarding contracts for 926
grading assessments, the department shall give preference to 927
Ohio-based entities employing Ohio residents.928

       (2) Adopt rules for the ethical use of assessments and 929
prescribing the manner in which the assessments prescribed by 930
section 3301.0710 of the Revised Code shall be administered to 931
students.932

       (B) Except as provided in divisions (C) and (J) of this 933
section, the board of education of each city, local, and exempted 934
village school district shall, in accordance with rules adopted 935
under division (A) of this section:936

       (1) Administer the English language arts assessments 937
prescribed under division (A)(1)(a) of section 3301.0710 of the 938
Revised Code twice annually to all students in the third grade who 939
have not attained the score designated for that assessment under 940
division (A)(2)(c) of section 3301.0710 of the Revised Code.941

       (2) Administer the mathematics assessment prescribed under 942
division (A)(1)(a) of section 3301.0710 of the Revised Code at 943
least once annually to all students in the third grade.944

       (3) Administer the assessments prescribed under division 945
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 946
annually to all students in the fourth grade.947

       (4) Administer the assessments prescribed under division 948
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 949
annually to all students in the fifth grade.950

       (5) Administer the assessments prescribed under division 951
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 952
annually to all students in the sixth grade.953

       (6) Administer the assessments prescribed under division 954
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 955
annually to all students in the seventh grade.956

       (7) Administer the assessments prescribed under division 957
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 958
annually to all students in the eighth grade.959

       (8) Except as provided in division (B)(9) of this section, 960
administer any assessment prescribed under division (B)(1) of 961
section 3301.0710 of the Revised Code as follows:962

       (a) At least once annually to all tenth grade students and at 963
least twice annually to all students in eleventh or twelfth grade 964
who have not yet attained the score on that assessment designated 965
under that division;966

       (b) To any person who has successfully completed the 967
curriculum in any high school or the individualized education 968
program developed for the person by any high school pursuant to 969
section 3323.08 of the Revised Code but has not received a high 970
school diploma and who requests to take such assessment, at any 971
time such assessment is administered in the district.972

       (9) In lieu of the board of education of any city, local, or 973
exempted village school district in which the student is also 974
enrolled, the board of a joint vocational school district shall 975
administer any assessment prescribed under division (B)(1) of 976
section 3301.0710 of the Revised Code at least twice annually to 977
any student enrolled in the joint vocational school district who 978
has not yet attained the score on that assessment designated under 979
that division. A board of a joint vocational school district may 980
also administer such an assessment to any student described in 981
division (B)(8)(b) of this section.982

       (10) If the district has a three-year average graduation rate 983
of not more than seventy-five per cent, administer each assessment 984
prescribed by division (D) of section 3301.0710 of the Revised 985
Code in September to all ninth grade students, beginning in the 986
school year that starts July 1, 2005.987

       Except as provided in section 3313.614 of the Revised Code 988
for administration of an assessment to a person who has fulfilled 989
the curriculum requirement for a high school diploma but has not 990
passed one or more of the required assessments, the assessments 991
prescribed under division (B)(1) of section 3301.0710 of the 992
Revised Code and the practice assessments prescribed under 993
division (D) of that section and required to be administered under 994
divisions (B)(8), (9), and (10) of this section shall not be 995
administered after the assessment system prescribed by division 996
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised 997
Code is implemented under rule of the state board adopted under 998
division (D)(1) of section 3301.0712 of the Revised CodeJuly 1, 999
2015. 1000

       (11) Administer the assessments prescribed by division (B)(2) 1001
of section 3301.0710 and section 3301.0712 of the Revised Code in 1002
accordance with the timeline and plan for implementation of those 1003
assessments prescribed by rule of the state board adopted under 1004
division (D)(1) of section 3301.0712 of the Revised Code.1005

       (C)(1)(a) In the case of a student receiving special 1006
education services under Chapter 3323. of the Revised Code, the 1007
individualized education program developed for the student under 1008
that chapter shall specify the manner in which the student will 1009
participate in the assessments administered under this section. 1010
The individualized education program may excuse the student from 1011
taking any particular assessment required to be administered under 1012
this section if it instead specifies an alternate assessment 1013
method approved by the department of education as conforming to 1014
requirements of federal law for receipt of federal funds for 1015
disadvantaged pupils. To the extent possible, the individualized 1016
education program shall not excuse the student from taking an 1017
assessment unless no reasonable accommodation can be made to 1018
enable the student to take the assessment.1019

       (b) Any alternate assessment approved by the department for a 1020
student under this division shall produce measurable results 1021
comparable to those produced by the assessment it replaces in 1022
order to allow for the student's results to be included in the 1023
data compiled for a school district or building under section 1024
3302.03 of the Revised Code.1025

       (c) Any student enrolled in a chartered nonpublic school who 1026
has been identified, based on an evaluation conducted in 1027
accordance with section 3323.03 of the Revised Code or section 504 1028
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 1029
794, as amended, as a child with a disability shall be excused 1030
from taking any particular assessment required to be administered 1031
under this section if a plan developed for the student pursuant to 1032
rules adopted by the state board excuses the student from taking 1033
that assessment. In the case of any student so excused from taking 1034
an assessment, the chartered nonpublic school shall not prohibit 1035
the student from taking the assessment.1036

       (2) A district board may, for medical reasons or other good 1037
cause, excuse a student from taking an assessment administered 1038
under this section on the date scheduled, but that assessment 1039
shall be administered to the excused student not later than nine 1040
days following the scheduled date. The district board shall 1041
annually report the number of students who have not taken one or 1042
more of the assessments required by this section to the state 1043
board of education not later than the thirtieth day of June.1044

       (3) As used in this division, "limited English proficient 1045
student" has the same meaning as in 20 U.S.C. 7801.1046

       No school district board shall excuse any limited English 1047
proficient student from taking any particular assessment required 1048
to be administered under this section, except that any limited 1049
English proficient student who has been enrolled in United States 1050
schools for less than one full school year shall not be required 1051
to take any reading, writing, or English language arts assessment. 1052
However, no board shall prohibit a limited English proficient 1053
student who is not required to take an assessment under this 1054
division from taking the assessment. A board may permit any 1055
limited English proficient student to take an assessment required 1056
to be administered under this section with appropriate 1057
accommodations, as determined by the department. For each limited 1058
English proficient student, each school district shall annually 1059
assess that student's progress in learning English, in accordance 1060
with procedures approved by the department.1061

       The governing authority of a chartered nonpublic school may 1062
excuse a limited English proficient student from taking any 1063
assessment administered under this section. However, no governing 1064
authority shall prohibit a limited English proficient student from 1065
taking the assessment.1066

       (D)(1) In the school year next succeeding the school year in 1067
which the assessments prescribed by division (A)(1) or (B)(1) of 1068
section 3301.0710 of the Revised Code or former division (A)(1), 1069
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 1070
existed prior to September 11, 2001, are administered to any 1071
student, the board of education of any school district in which 1072
the student is enrolled in that year shall provide to the student 1073
intervention services commensurate with the student's performance, 1074
including any intensive intervention required under section 1075
3313.608 of the Revised Code, in any skill in which the student 1076
failed to demonstrate at least a score at the proficient level on 1077
the assessment.1078

       (2) Following any administration of the assessments 1079
prescribed by division (D) of section 3301.0710 of the Revised 1080
Code to ninth grade students, each school district that has a 1081
three-year average graduation rate of not more than seventy-five 1082
per cent shall determine for each high school in the district 1083
whether the school shall be required to provide intervention 1084
services to any students who took the assessments. In determining 1085
which high schools shall provide intervention services based on 1086
the resources available, the district shall consider each school's 1087
graduation rate and scores on the practice assessments. The 1088
district also shall consider the scores received by ninth grade 1089
students on the English language arts and mathematics assessments 1090
prescribed under division (A)(1)(f) of section 3301.0710 of the 1091
Revised Code in the eighth grade in determining which high schools 1092
shall provide intervention services.1093

       Each high school selected to provide intervention services 1094
under this division shall provide intervention services to any 1095
student whose results indicate that the student is failing to make 1096
satisfactory progress toward being able to attain scores at the 1097
proficient level on the Ohio graduation tests. Intervention 1098
services shall be provided in any skill in which a student 1099
demonstrates unsatisfactory progress and shall be commensurate 1100
with the student's performance. Schools shall provide the 1101
intervention services prior to the end of the school year, during 1102
the summer following the ninth grade, in the next succeeding 1103
school year, or at any combination of those times.1104

       (E) Except as provided in section 3313.608 of the Revised 1105
Code and division (M) of this section, no school district board of 1106
education shall utilize any student's failure to attain a 1107
specified score on an assessment administered under this section 1108
as a factor in any decision to deny the student promotion to a 1109
higher grade level. However, a district board may choose not to 1110
promote to the next grade level any student who does not take an 1111
assessment administered under this section or make up an 1112
assessment as provided by division (C)(2) of this section and who 1113
is not exempt from the requirement to take the assessment under 1114
division (C)(3) of this section.1115

       (F) No person shall be charged a fee for taking any 1116
assessment administered under this section.1117

       (G)(1) Each school district board shall designate one 1118
location for the collection of assessments administered in the 1119
spring under division (B)(1) of this section and those 1120
administered under divisions (B)(2) to (7) of this section. Each 1121
district board shall submit the assessments to the entity with 1122
which the department contracts for the scoring of the assessments 1123
as follows:1124

        (a) If the district's total enrollment in grades kindergarten 1125
through twelve during the first full school week of October was 1126
less than two thousand five hundred, not later than the Friday 1127
after all of the assessments have been administered;1128

       (b) If the district's total enrollment in grades kindergarten 1129
through twelve during the first full school week of October was 1130
two thousand five hundred or more, but less than seven thousand, 1131
not later than the Monday after all of the assessments have been 1132
administered;1133

        (c) If the district's total enrollment in grades kindergarten 1134
through twelve during the first full school week of October was 1135
seven thousand or more, not later than the Tuesday after all of 1136
the assessments have been administered.1137

        However, any assessment that a student takes during the 1138
make-up period described in division (C)(2) of this section shall 1139
be submitted not later than the Friday following the day the 1140
student takes the assessment.1141

        (2) The department or an entity with which the department 1142
contracts for the scoring of the assessment shall send to each 1143
school district board a list of the individual scores of all 1144
persons taking an assessment prescribed by division (A)(1) or 1145
(B)(1) of section 3301.0710 of the Revised Code within sixty days 1146
after its administration, but in no case shall the scores be 1147
returned later than the fifteenth day of June following the 1148
administration. For assessments administered under this section by 1149
a joint vocational school district, the department or entity shall 1150
also send to each city, local, or exempted village school district 1151
a list of the individual scores of any students of such city, 1152
local, or exempted village school district who are attending 1153
school in the joint vocational school district.1154

       (H) Individual scores on any assessments administered under 1155
this section shall be released by a district board only in 1156
accordance with section 3319.321 of the Revised Code and the rules 1157
adopted under division (A) of this section. No district board or 1158
its employees shall utilize individual or aggregate results in any 1159
manner that conflicts with rules for the ethical use of 1160
assessments adopted pursuant to division (A) of this section.1161

       (I) Except as provided in division (G) of this section, the 1162
department or an entity with which the department contracts for 1163
the scoring of the assessment shall not release any individual 1164
scores on any assessment administered under this section. The 1165
state board of education shall adopt rules to ensure the 1166
protection of student confidentiality at all times. The rules may 1167
require the use of the data verification codes assigned to 1168
students pursuant to division (D)(2) of section 3301.0714 of the 1169
Revised Code to protect the confidentiality of student scores.1170

       (J) Notwithstanding division (D) of section 3311.52 of the 1171
Revised Code, this section does not apply to the board of 1172
education of any cooperative education school district except as 1173
provided under rules adopted pursuant to this division.1174

       (1) In accordance with rules that the state board of 1175
education shall adopt, the board of education of any city, 1176
exempted village, or local school district with territory in a 1177
cooperative education school district established pursuant to 1178
divisions (A) to (C) of section 3311.52 of the Revised Code may 1179
enter into an agreement with the board of education of the 1180
cooperative education school district for administering any 1181
assessment prescribed under this section to students of the city, 1182
exempted village, or local school district who are attending 1183
school in the cooperative education school district.1184

       (2) In accordance with rules that the state board of 1185
education shall adopt, the board of education of any city, 1186
exempted village, or local school district with territory in a 1187
cooperative education school district established pursuant to 1188
section 3311.521 of the Revised Code shall enter into an agreement 1189
with the cooperative district that provides for the administration 1190
of any assessment prescribed under this section to both of the 1191
following:1192

       (a) Students who are attending school in the cooperative 1193
district and who, if the cooperative district were not 1194
established, would be entitled to attend school in the city, 1195
local, or exempted village school district pursuant to section 1196
3313.64 or 3313.65 of the Revised Code;1197

       (b) Persons described in division (B)(8)(b) of this section.1198

       Any assessment of students pursuant to such an agreement 1199
shall be in lieu of any assessment of such students or persons 1200
pursuant to this section.1201

       (K)(1)(a) Except as otherwise provided in division (K)(1)(a) 1202
or (K)(1)(c) of this section, each chartered nonpublic school for 1203
which at least sixty-five per cent of its total enrollment is made 1204
up of students who are participating in state scholarship programs 1205
shall administer the elementary assessments prescribed by section 1206
3301.0710 of the Revised Code. In accordance with procedures and 1207
deadlines prescribed by the department, the parent or guardian of 1208
a student enrolled in the school who is not participating in a 1209
state scholarship program may submit notice to the chief 1210
administrative officer of the school that the parent or guardian 1211
does not wish to have the student take the elementary assessments 1212
prescribed for the student's grade level under division (A) of 1213
section 3301.0710 of the Revised Code. If a parent or guardian 1214
submits an opt-out notice, the school shall not administer the 1215
assessments to that student. This option does not apply to any 1216
assessment required for a high school diploma under section 1217
3313.612 of the Revised Code.1218

       (b) If a chartered nonpublic school is not subject to 1219
division (K)(1)(a) of this section and is educating students in 1220
grades nine through twelve, it shall administer the assessments 1221
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the 1222
Revised Code as a condition of compliance with section 3313.612 of 1223
the Revised Code. Any1224

       (c) A chartered nonpublic school may submit to the 1225
superintendent of public instruction a request for a waiver from 1226
administering the elementary assessments prescribed by division 1227
(A) of section 3301.0710 of the Revised Code. The state 1228
superintendent shall approve or disapprove a request for a waiver 1229
submitted under division (K)(1)(c) of this section. No waiver 1230
shall be approved for any school year prior to the 2015-2016 1231
school year.1232

       To be eligible to submit a request for a waiver, a chartered 1233
nonpublic school shall meet the following conditions:1234

       (i) At least ninety-five per cent of the students enrolled in 1235
the school are children with disabilities, as defined under 1236
section 3323.01 of the Revised Code, or have received a diagnosis 1237
by a school district or from a physician, including a 1238
neuropsychiatrist or psychiatrist, or a psychologist who is 1239
authorized to practice in this or another state as having a 1240
condition that impairs academic performance, such as dyslexia, 1241
dyscalculia, attention deficit hyperactivity disorder, or 1242
Asperger's syndrome.1243

       (ii) The school has solely served a student population 1244
described in division (K)(1)(c)(i) of this section for at least 1245
ten years.1246

       (iii) The school provides to the department at least five 1247
years of records of internal testing conducted by the school that 1248
affords the department data required for accountability purposes, 1249
including diagnostic assessments and nationally standardized 1250
norm-referenced achievement assessments that measure reading and 1251
math skills.1252

       (d) Any chartered nonpublic school that is not subject to 1253
division (K)(1)(a) of this section may participate in the 1254
assessment program by administering any of the assessments 1255
prescribed by division (A) of section 3301.0710 of the Revised 1256
Code. The chief administrator of the school shall specify which 1257
assessments the school will administer. Such specification shall 1258
be made in writing to the superintendent of public instruction 1259
prior to the first day of August of any school year in which 1260
assessments are administered and shall include a pledge that the 1261
nonpublic school will administer the specified assessments in the 1262
same manner as public schools are required to do under this 1263
section and rules adopted by the department.1264

       (2) The department of education shall furnish the assessments 1265
prescribed by section 3301.0710 or 3301.0712 of the Revised Code 1266
to each chartered nonpublic school that is subject to division 1267
(K)(1)(a) of this section or participates under division (K)(1)(b) 1268
of this section.1269

       (L)(1) The superintendent of the state school for the blind 1270
and the superintendent of the state school for the deaf shall 1271
administer the assessments described by sections 3301.0710 and 1272
3301.0712 of the Revised Code. Each superintendent shall 1273
administer the assessments in the same manner as district boards 1274
are required to do under this section and rules adopted by the 1275
department of education and in conformity with division (C)(1)(a) 1276
of this section.1277

       (2) The department of education shall furnish the assessments 1278
described by sections 3301.0710 and 3301.0712 of the Revised Code 1279
to each superintendent.1280

       (M) Notwithstanding division (E) of this section, a school 1281
district may use a student's failure to attain a score in at least 1282
the proficient range on the mathematics assessment described by 1283
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 1284
an assessment described by division (A)(1)(b), (c), (d), (e), or 1285
(f) of section 3301.0710 of the Revised Code as a factor in 1286
retaining that student in the current grade level.1287

       (N)(1) In the manner specified in divisions (N)(3) and, (4), 1288
and (6) of this section, the assessments required by division 1289
(A)(1) of section 3301.0710 of the Revised Code shall become 1290
public records pursuant to section 149.43 of the Revised Code on 1291
the firstthirty-first day of July following the school year that 1292
the assessments were administered.1293

       (2) The department may field test proposed questions with 1294
samples of students to determine the validity, reliability, or 1295
appropriateness of questions for possible inclusion in a future 1296
year's assessment. The department also may use anchor questions on 1297
assessments to ensure that different versions of the same 1298
assessment are of comparable difficulty.1299

       Field test questions and anchor questions shall not be 1300
considered in computing scores for individual students. Field test 1301
questions and anchor questions may be included as part of the 1302
administration of any assessment required by division (A)(1) or 1303
(B)(1) of section 3301.0710 and division (B) of section 3301.07121304
of the Revised Code.1305

       (3) Any field test question or anchor question administered 1306
under division (N)(2) of this section shall not be a public 1307
record. Such field test questions and anchor questions shall be 1308
redacted from any assessments which are released as a public 1309
record pursuant to division (N)(1) of this section.1310

       (4) This division applies to the assessments prescribed by 1311
division (A) of section 3301.0710 of the Revised Code.1312

       (a) The first administration of each assessment, as specified 1313
in former section 3301.0712 of the Revised Code, shall be a public 1314
record.1315

       (b) For subsequent administrations of each assessment prior 1316
to the 2011-2012 school year, not less than forty per cent of the 1317
questions on the assessment that are used to compute a student's 1318
score shall be a public record. The department shall determine 1319
which questions will be needed for reuse on a future assessment 1320
and those questions shall not be public records and shall be 1321
redacted from the assessment prior to its release as a public 1322
record. However, for each redacted question, the department shall 1323
inform each city, local, and exempted village school district of 1324
the statewide academic standard adopted by the state board of 1325
education under section 3301.079 of the Revised Code and the 1326
corresponding benchmark to which the question relates. The 1327
preceding sentence does not apply to field test questions that are 1328
redacted under division (N)(3) of this section.1329

       (c) The administrations of each assessment in the 2011-2012, 1330
2012-2013, and 2013-2014 school year and lateryears shall not be 1331
a public record.1332

       (5) Each assessment prescribed by division (B)(1) of section 1333
3301.0710 of the Revised Code shall not be a public record.1334

        (a) Forty per cent of the questions and preferred answers on 1335
the assessments on the thirty-first day of July following the 1336
administration of the assessment;1337

        (b) Twenty per cent of the questions and preferred answers on 1338
the assessment on the thirty-first day of July one year after the 1339
administration of the assessment; 1340

       (c) The remaining forty per cent of the questions and 1341
preferred answers on the assessment on the thirty-first day of 1342
July two years after the administration of the assessment. 1343

       The entire content of an assessment shall become a public 1344
record within three years of its administration.1345

       The department shall make the questions that become a public 1346
record under this division readily accessible to the public on the 1347
department's web site. Questions on the spring administration of 1348
each assessment shall be released on an annual basis, in 1349
accordance with this division.1350

       (O) As used in this section:1351

        (1) "Three-year average" means the average of the most recent 1352
consecutive three school years of data.1353

        (2) "Dropout" means a student who withdraws from school 1354
before completing course requirements for graduation and who is 1355
not enrolled in an education program approved by the state board 1356
of education or an education program outside the state. "Dropout" 1357
does not include a student who has departed the country.1358

        (3) "Graduation rate" means the ratio of students receiving a 1359
diploma to the number of students who entered ninth grade four 1360
years earlier. Students who transfer into the district are added 1361
to the calculation. Students who transfer out of the district for 1362
reasons other than dropout are subtracted from the calculation. If 1363
a student who was a dropout in any previous year returns to the 1364
same school district, that student shall be entered into the 1365
calculation as if the student had entered ninth grade four years 1366
before the graduation year of the graduating class that the 1367
student joins.1368

       (4) "State scholarship programs" means the educational choice 1369
scholarship pilot program established under sections 3310.01 to 1370
3310.17 of the Revised Code, the autism scholarship program 1371
established under section 3310.41 of the Revised Code, the Jon 1372
Peterson special needs scholarship program established under 1373
sections 3310.51 to 3310.64 of the Revised Code, and the pilot 1374
project scholarship program established under sections 3313.974 to 1375
3313.979 of the Revised Code.1376

       Sec. 3301.0712.  (A) The state board of education, the 1377
superintendent of public instruction, and the chancellor of the 1378
Ohio board of regents shall develop a system of college and work 1379
ready assessments as described in divisionsdivision (B)(1) and 1380
(2) of this section to assess whether each student upon graduating 1381
from high school is ready to enter college or the workforce. The1382
Beginning with students who enter the ninth grade for the first 1383
time on or after July 1, 2014, the system shall replace the Ohio 1384
graduation tests prescribed in division (B)(1) of section 1385
3301.0710 of the Revised Code as a measure of student academic 1386
performance and a prerequisite forone determinant of eligibility 1387
for a high school diploma in the manner prescribed by rule of the 1388
state board adopted under division (D) of this section.1389

       (B) The college and work ready assessment system shall 1390
consist of the following:1391

       (1) A nationally standardized assessment that measures 1392
college and career readiness, is used for college admission, and 1393
includes components in English, mathematics, science, and social 1394
studies. The assessment shall be selected jointly by the state 1395
superintendent and the chancellor. The assessment prescribed 1396
under division (B)(1) of this section shall be administered to all 1397
eleventh-grade students.1398

       (2) A series ofSeven end-of-course examinations in the areas 1399
of science, mathematics, English language arts, American history, 1400
and American government, one in each of the areas of English 1401
language arts I, English language arts II, physical science, 1402
Algebra I, geometry, American history, and American government. 1403
The end-of-course examinations shall be selected jointly by the 1404
state superintendent and the chancellor in consultation with 1405
faculty in the appropriate subject areas at institutions of higher 1406
education of the university system of Ohio. For each subject area, 1407
the state superintendent and chancellor shall select multiple 1408
assessments that school districts, public schools, and chartered 1409
nonpublic schools may use as end-of-course examinations. Subject 1410
to division (B)(3)(b) of this section, those assessments shall 1411
include nationally recognized subject area assessments, such as 1412
advanced placement examinations, SAT subject tests, international 1413
baccalaureate examinations, and other assessments of college and 1414
work readinessAdvanced placement examinations, international 1415
baccalaureate examinations, and dual enrollment or advanced 1416
standing program examinations, as prescribed under section 1417
3313.6013 of the Revised Code, in the areas of physical science, 1418
American history, and American government may be used as 1419
end-of-course examinations in accordance with division (B)(4)(a) 1420
of this section. 1421

       (3)(a) Not later than July 1, 2013, each school district 1422
board of education shall adopt interim end-of-course examinations 1423
that comply with the requirements of divisions (B)(3)(b)(i) and 1424
(ii) of this section to assess mastery of American history and 1425
American government standards adopted under division (A)(1)(b) of 1426
section 3301.079 of the Revised Code and the topics required under 1427
division (M) of section 3313.603 of the Revised Code. Each high 1428
school of the district shall use the interim examinations until 1429
the state superintendent and chancellor select end-of-course 1430
examinations in American history and American government under 1431
division (B)(2) of this section.1432

       (b) Not later than July 1, 2014, the state superintendent and 1433
the chancellor shall select the end-of-course examinations in 1434
American history and American government. 1435

       (i) The end-of-course examinations in American history and 1436
American government shall require demonstration of mastery of the 1437
American history and American government content for social 1438
studies standards adopted under division (A)(1)(b) of section 1439
3301.079 of the Revised Code and the topics required under 1440
division (M) of section 3313.603 of the Revised Code.1441

       (ii) At least twenty per cent of the end-of-course 1442
examination in American government shall address the topics on 1443
American history and American government described in division (M) 1444
of section 3313.603 of the Revised Code.1445

       (4)(a) Notwithstanding anything to the contrary in this 1446
section, beginning with the 2014-2015 school year, if a student is 1447
enrolled in an advanced placement or international baccalaureate 1448
course or is enrolled under any other dual enrollment or advanced 1449
standing program that student shall take the advanced placement or 1450
international baccalaureate examination or applicable examination 1451
under dual enrollment or advanced standing in lieu of the physical 1452
science, American history, or American government end-of-course 1453
examinations prescribed under division (B)(2) of this section. The 1454
state board shall specify the score levels for each advanced 1455
placement examination, international baccalaureate examination, 1456
and examination required under other dual enrollment or advanced 1457
standing programs for purposes of calculating the minimum 1458
cumulative performance score that demonstrates the level of 1459
academic achievement necessary to earn a high school diploma.1460

       (b) No student shall take a substitute examination or 1461
examination prescribed under division (B)(4)(a) of this section in 1462
place of the end-of-course examinations in English language arts 1463
I, English language arts II, Algebra I, or geometry prescribed 1464
under division (B)(2) of this section.1465

       (c) The state board shall consider additional assessments 1466
that may be used, beginning with the 2016-2017 school year, as 1467
substitute examinations in lieu of the end-of-course examinations 1468
prescribed under division (B)(2) of this section.1469

       (5)(a) The state board shall determine and designate at least 1470
five ranges of scores on each of the end-of-course examinations 1471
prescribed under division (B)(2) of this section, and substitute 1472
examinations prescribed under division (B)(4) of this section. 1473
Each range of scores shall be considered to demonstrate a level of 1474
achievement so that any student attaining a score within such 1475
range has achieved one of the following:1476

       (i) An advanced level of skill; 1477

       (ii) An accelerated level of skill; 1478

       (iii) A proficient level of skill; 1479

       (iv) A basic level of skill; 1480

       (v) A limited level of skill.1481

       (b) Determine a method by which to calculate a cumulative 1482
performance score based on the results of a student's 1483
end-of-course examinations or substitute examinations;1484

       (c) Determine the minimum cumulative performance score that 1485
demonstrates the level of academic achievement necessary to earn a 1486
high school diploma;1487

       (d) Develop a table of corresponding score equivalents for 1488
the end-of-course examinations and substitute examinations in 1489
order to calculate student performance consistently across the 1490
different examinations.1491

       (6) Any student who received high school credit prior to July 1492
1, 2014, for a course for which an end-of-course examination is 1493
prescribed by division (B)(2) of this section shall not be 1494
required to take that end-of-course examination. Receipt of credit 1495
for that course shall satisfy the requirement to take the 1496
end-of-course examination.1497

       (7)(a) Notwithstanding anything to the contrary in this 1498
section, the state board may replace the algebra I end-of-course 1499
examination prescribed under division (B)(2) of this section with 1500
an algebra II end-of-course examination, beginning with the 1501
2016-2017 school year for students who enter ninth grade on or 1502
after July 1, 2016. 1503

       (b) If the state board replaces the algebra I end-of-course 1504
examination with an algebra II end-of-course examination as 1505
authorized under division (B)(7)(a) of this section, a student who 1506
is enrolled in an advanced placement or international 1507
baccalaureate course in algebra II or is enrolled under any other 1508
dual enrollment or advanced standing program in algebra II shall 1509
take the advanced placement or international baccalaureate 1510
examination or applicable examination under dual enrollment or 1511
advanced standing in lieu of the algebra II end-of-course 1512
examination.1513

       (C) The state board shall convene a group of national 1514
experts, state experts, and local practitioners to provide advice, 1515
guidance, and recommendations for the alignment of standards and 1516
model curricula to the assessments and in the design of the 1517
end-of-course examinations prescribed by this section.1518

       (D) Upon completion of the development of the assessment 1519
system, the state board shall adopt rules prescribing all of the 1520
following:1521

       (1) A timeline and plan for implementation of the assessment 1522
system, including a phased implementation if the state board 1523
determines such a phase-in is warranted;1524

       (2) The date after which a person entering ninth grade shall 1525
meet the requirements of the entire assessment system as a 1526
prerequisite for a high school diploma under section 3313.61, 1527
3313.612, or 3325.08 of the Revised Code;1528

       (3) The date after which a person shall meet the requirements 1529
of the entire assessment system as a prerequisite for a diploma of 1530
adult education under section 3313.611 of the Revised Code;1531

       (4)(3) Whether and the extent to which a person may be 1532
excused from an American history end-of-course examination and an 1533
American government end-of-course examination under division (H) 1534
of section 3313.61 and division (B)(3) of section 3313.612 of the 1535
Revised Code;1536

       (5)(4) The date after which a person who has fulfilled the 1537
curriculum requirement for a diploma but has not passed one or 1538
more of the required assessments at the time the person fulfilled 1539
the curriculum requirement shall meet the requirements of the 1540
entire assessment system as a prerequisite for a high school 1541
diploma under division (B) of section 3313.614 of the Revised 1542
Code;1543

       (6)(5) The extent to which the assessment system applies to 1544
students enrolled in a dropout recovery and prevention program for 1545
purposes of division (F) of section 3313.603 and section 3314.36 1546
of the Revised Code.1547

       No rule adopted under this division shall be effective 1548
earlier than one year after the date the rule is filed in final 1549
form pursuant to Chapter 119. of the Revised Code.1550

       (E) Not later than forty-five days prior to the state board's 1551
adoption of a resolution directing the department of education to 1552
file the rules prescribed by division (D) of this section in final 1553
form under section 119.04 of the Revised Code, the superintendent 1554
of public instruction shall present the assessment system 1555
developed under this section to the respective committees of the 1556
house of representatives and senate that consider education 1557
legislation.1558

       (F)(1) Any person enrolled in a nonchartered nonpublic school 1559
or any person who has been excused from attendance at school for 1560
the purpose of home instruction under section 3321.04 of the 1561
Revised Code may choose to participate in the system of 1562
assessments administered under divisions (B)(1) and (2) of this 1563
section. However, no such person shall be required to participate 1564
in the system of assessments.1565

       (2) The department shall adopt rules for the administration 1566
and scoring of any assessments under division (F)(1) of this 1567
section.1568

       (G) Not later than December 31, 2014, the state board shall 1569
select at least one nationally recognized job skills assessment. 1570
Each school district shall administer that assessment to those 1571
students who opt to take it. The state shall reimburse a school 1572
district for the costs of administering that assessment. The state 1573
board shall establish the minimum score a student must attain on 1574
the job skills assessment in order to demonstrate a student's 1575
workforce readiness and employability. The administration of the 1576
job skills assessment to a student under this division shall not 1577
exempt a school district from administering the assessments 1578
prescribed in division (B) of this section to that student.1579

       Sec. 3301.0714.  (A) The state board of education shall adopt 1580
rules for a statewide education management information system. The 1581
rules shall require the state board to establish guidelines for 1582
the establishment and maintenance of the system in accordance with 1583
this section and the rules adopted under this section. The 1584
guidelines shall include:1585

       (1) Standards identifying and defining the types of data in 1586
the system in accordance with divisions (B) and (C) of this 1587
section;1588

       (2) Procedures for annually collecting and reporting the data 1589
to the state board in accordance with division (D) of this 1590
section;1591

       (3) Procedures for annually compiling the data in accordance 1592
with division (G) of this section;1593

       (4) Procedures for annually reporting the data to the public 1594
in accordance with division (H) of this section;1595

       (5) Standards to provide strict safeguards to protect the 1596
confidentiality of personally identifiable student data.1597

       (B) The guidelines adopted under this section shall require 1598
the data maintained in the education management information system 1599
to include at least the following:1600

       (1) Student participation and performance data, for each 1601
grade in each school district as a whole and for each grade in 1602
each school building in each school district, that includes:1603

       (a) The numbers of students receiving each category of 1604
instructional service offered by the school district, such as 1605
regular education instruction, vocational education instruction, 1606
specialized instruction programs or enrichment instruction that is 1607
part of the educational curriculum, instruction for gifted 1608
students, instruction for students with disabilities, and remedial 1609
instruction. The guidelines shall require instructional services 1610
under this division to be divided into discrete categories if an 1611
instructional service is limited to a specific subject, a specific 1612
type of student, or both, such as regular instructional services 1613
in mathematics, remedial reading instructional services, 1614
instructional services specifically for students gifted in 1615
mathematics or some other subject area, or instructional services 1616
for students with a specific type of disability. The categories of 1617
instructional services required by the guidelines under this 1618
division shall be the same as the categories of instructional 1619
services used in determining cost units pursuant to division 1620
(C)(3) of this section.1621

       (b) The numbers of students receiving support or 1622
extracurricular services for each of the support services or 1623
extracurricular programs offered by the school district, such as 1624
counseling services, health services, and extracurricular sports 1625
and fine arts programs. The categories of services required by the 1626
guidelines under this division shall be the same as the categories 1627
of services used in determining cost units pursuant to division 1628
(C)(4)(a) of this section.1629

       (c) Average student grades in each subject in grades nine 1630
through twelve;1631

       (d) Academic achievement levels as assessed under sections 1632
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;1633

       (e) The number of students designated as having a disabling 1634
condition pursuant to division (C)(1) of section 3301.0711 of the 1635
Revised Code;1636

       (f) The numbers of students reported to the state board 1637
pursuant to division (C)(2) of section 3301.0711 of the Revised 1638
Code;1639

       (g) Attendance rates and the average daily attendance for the 1640
year. For purposes of this division, a student shall be counted as 1641
present for any field trip that is approved by the school 1642
administration.1643

       (h) Expulsion rates;1644

       (i) Suspension rates;1645

       (j) Dropout rates;1646

       (k) Rates of retention in grade;1647

       (l) For pupils in grades nine through twelve, the average 1648
number of carnegie units, as calculated in accordance with state 1649
board of education rules;1650

       (m) Graduation rates, to be calculated in a manner specified 1651
by the department of education that reflects the rate at which 1652
students who were in the ninth grade three years prior to the 1653
current year complete school and that is consistent with 1654
nationally accepted reporting requirements;1655

       (n) Results of diagnostic assessments administered to 1656
kindergarten students as required under section 3301.0715 of the 1657
Revised Code to permit a comparison of the academic readiness of 1658
kindergarten students. However, no district shall be required to 1659
report to the department the results of any diagnostic assessment 1660
administered to a kindergarten student, except for the language 1661
and reading assessment described in division (A)(2) of section 1662
3301.0715 of the Revised Code, if the parent of that student 1663
requests the district not to report those results.1664

       (2) Personnel and classroom enrollment data for each school 1665
district, including:1666

       (a) The total numbers of licensed employees and nonlicensed 1667
employees and the numbers of full-time equivalent licensed 1668
employees and nonlicensed employees providing each category of 1669
instructional service, instructional support service, and 1670
administrative support service used pursuant to division (C)(3) of 1671
this section. The guidelines adopted under this section shall 1672
require these categories of data to be maintained for the school 1673
district as a whole and, wherever applicable, for each grade in 1674
the school district as a whole, for each school building as a 1675
whole, and for each grade in each school building.1676

       (b) The total number of employees and the number of full-time 1677
equivalent employees providing each category of service used 1678
pursuant to divisions (C)(4)(a) and (b) of this section, and the 1679
total numbers of licensed employees and nonlicensed employees and 1680
the numbers of full-time equivalent licensed employees and 1681
nonlicensed employees providing each category used pursuant to 1682
division (C)(4)(c) of this section. The guidelines adopted under 1683
this section shall require these categories of data to be 1684
maintained for the school district as a whole and, wherever 1685
applicable, for each grade in the school district as a whole, for 1686
each school building as a whole, and for each grade in each school 1687
building.1688

       (c) The total number of regular classroom teachers teaching 1689
classes of regular education and the average number of pupils 1690
enrolled in each such class, in each of grades kindergarten 1691
through five in the district as a whole and in each school 1692
building in the school district.1693

       (d) The number of lead teachers employed by each school 1694
district and each school building.1695

       (3)(a) Student demographic data for each school district, 1696
including information regarding the gender ratio of the school 1697
district's pupils, the racial make-up of the school district's 1698
pupils, the number of limited English proficient students in the 1699
district, and an appropriate measure of the number of the school 1700
district's pupils who reside in economically disadvantaged 1701
households. The demographic data shall be collected in a manner to 1702
allow correlation with data collected under division (B)(1) of 1703
this section. Categories for data collected pursuant to division 1704
(B)(3) of this section shall conform, where appropriate, to 1705
standard practices of agencies of the federal government.1706

       (b) With respect to each student entering kindergarten, 1707
whether the student previously participated in a public preschool 1708
program, a private preschool program, or a head start program, and 1709
the number of years the student participated in each of these 1710
programs.1711

       (4) Any data required to be collected pursuant to federal 1712
law.1713

       (C) The education management information system shall include 1714
cost accounting data for each district as a whole and for each 1715
school building in each school district. The guidelines adopted 1716
under this section shall require the cost data for each school 1717
district to be maintained in a system of mutually exclusive cost 1718
units and shall require all of the costs of each school district 1719
to be divided among the cost units. The guidelines shall require 1720
the system of mutually exclusive cost units to include at least 1721
the following:1722

       (1) Administrative costs for the school district as a whole. 1723
The guidelines shall require the cost units under this division 1724
(C)(1) to be designed so that each of them may be compiled and 1725
reported in terms of average expenditure per pupil in formula ADM 1726
in the school district, as determined pursuant to section 3317.03 1727
of the Revised Code.1728

       (2) Administrative costs for each school building in the 1729
school district. The guidelines shall require the cost units under 1730
this division (C)(2) to be designed so that each of them may be 1731
compiled and reported in terms of average expenditure per 1732
full-time equivalent pupil receiving instructional or support 1733
services in each building.1734

       (3) Instructional services costs for each category of 1735
instructional service provided directly to students and required 1736
by guidelines adopted pursuant to division (B)(1)(a) of this 1737
section. The guidelines shall require the cost units under 1738
division (C)(3) of this section to be designed so that each of 1739
them may be compiled and reported in terms of average expenditure 1740
per pupil receiving the service in the school district as a whole 1741
and average expenditure per pupil receiving the service in each 1742
building in the school district and in terms of a total cost for 1743
each category of service and, as a breakdown of the total cost, a 1744
cost for each of the following components:1745

       (a) The cost of each instructional services category required 1746
by guidelines adopted under division (B)(1)(a) of this section 1747
that is provided directly to students by a classroom teacher;1748

       (b) The cost of the instructional support services, such as 1749
services provided by a speech-language pathologist, classroom 1750
aide, multimedia aide, or librarian, provided directly to students 1751
in conjunction with each instructional services category;1752

       (c) The cost of the administrative support services related 1753
to each instructional services category, such as the cost of 1754
personnel that develop the curriculum for the instructional 1755
services category and the cost of personnel supervising or 1756
coordinating the delivery of the instructional services category.1757

       (4) Support or extracurricular services costs for each 1758
category of service directly provided to students and required by 1759
guidelines adopted pursuant to division (B)(1)(b) of this section. 1760
The guidelines shall require the cost units under division (C)(4) 1761
of this section to be designed so that each of them may be 1762
compiled and reported in terms of average expenditure per pupil 1763
receiving the service in the school district as a whole and 1764
average expenditure per pupil receiving the service in each 1765
building in the school district and in terms of a total cost for 1766
each category of service and, as a breakdown of the total cost, a 1767
cost for each of the following components:1768

       (a) The cost of each support or extracurricular services 1769
category required by guidelines adopted under division (B)(1)(b) 1770
of this section that is provided directly to students by a 1771
licensed employee, such as services provided by a guidance 1772
counselor or any services provided by a licensed employee under a 1773
supplemental contract;1774

       (b) The cost of each such services category provided directly 1775
to students by a nonlicensed employee, such as janitorial 1776
services, cafeteria services, or services of a sports trainer;1777

       (c) The cost of the administrative services related to each 1778
services category in division (C)(4)(a) or (b) of this section, 1779
such as the cost of any licensed or nonlicensed employees that 1780
develop, supervise, coordinate, or otherwise are involved in 1781
administering or aiding the delivery of each services category.1782

       (D)(1) The guidelines adopted under this section shall 1783
require school districts to collect information about individual 1784
students, staff members, or both in connection with any data 1785
required by division (B) or (C) of this section or other reporting 1786
requirements established in the Revised Code. The guidelines may 1787
also require school districts to report information about 1788
individual staff members in connection with any data required by 1789
division (B) or (C) of this section or other reporting 1790
requirements established in the Revised Code. The guidelines shall 1791
not authorize school districts to request social security numbers 1792
of individual students. The guidelines shall prohibit the 1793
reporting under this section of a student's name, address, and 1794
social security number to the state board of education or the 1795
department of education. The guidelines shall also prohibit the 1796
reporting under this section of any personally identifiable 1797
information about any student, except for the purpose of assigning 1798
the data verification code required by division (D)(2) of this 1799
section, to any other person unless such person is employed by the 1800
school district or the information technology center operated 1801
under section 3301.075 of the Revised Code and is authorized by 1802
the district or technology center to have access to such 1803
information or is employed by an entity with which the department 1804
contracts for the scoring or the development of state assessments. 1805
The guidelines may require school districts to provide the social 1806
security numbers of individual staff members and the county of 1807
residence for a student. Nothing in this section prohibits the 1808
state board of education or department of education from providing 1809
a student's county of residence to the department of taxation to 1810
facilitate the distribution of tax revenue.1811

       (2)(a) The guidelines shall provide for each school district 1812
or community school to assign a data verification code that is 1813
unique on a statewide basis over time to each student whose 1814
initial Ohio enrollment is in that district or school and to 1815
report all required individual student data for that student 1816
utilizing such code. The guidelines shall also provide for 1817
assigning data verification codes to all students enrolled in 1818
districts or community schools on the effective date of the 1819
guidelines established under this section. The assignment of data 1820
verification codes for other entities, as described in division 1821
(D)(2)(c) of this section, the use of those codes, and the 1822
reporting and use of associated individual student data shall be 1823
coordinated by the department in accordance with state and federal 1824
law.1825

        School districts shall report individual student data to the 1826
department through the information technology centers utilizing 1827
the code. The entities described in division (D)(2)(c) of this 1828
section shall report individual student data to the department in 1829
the manner prescribed by the department.1830

        Except as provided in sections 3301.941, 3310.11, 3310.42, 1831
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 1832
shall the state board or the department have access to information 1833
that would enable any data verification code to be matched to 1834
personally identifiable student data.1835

       (b) Each school district and community school shall ensure 1836
that the data verification code is included in the student's 1837
records reported to any subsequent school district, community 1838
school, or state institution of higher education, as defined in 1839
section 3345.011 of the Revised Code, in which the student 1840
enrolls. Any such subsequent district or school shall utilize the 1841
same identifier in its reporting of data under this section.1842

       (c) The director of any state agency that administers a 1843
publicly funded program providing services to children who are 1844
younger than compulsory school age, as defined in section 3321.01 1845
of the Revised Code, including the directors of health, job and 1846
family services, mental health and addiction services, and 1847
developmental disabilities, shall request and receive, pursuant to 1848
sections 3301.0723 and 3701.62 of the Revised Code, a data 1849
verification code for a child who is receiving those services. 1850

       (E) The guidelines adopted under this section may require 1851
school districts to collect and report data, information, or 1852
reports other than that described in divisions (A), (B), and (C) 1853
of this section for the purpose of complying with other reporting 1854
requirements established in the Revised Code. The other data, 1855
information, or reports may be maintained in the education 1856
management information system but are not required to be compiled 1857
as part of the profile formats required under division (G) of this 1858
section or the annual statewide report required under division (H) 1859
of this section.1860

       (F) Beginning with the school year that begins July 1, 1991, 1861
the board of education of each school district shall annually 1862
collect and report to the state board, in accordance with the 1863
guidelines established by the board, the data required pursuant to 1864
this section. A school district may collect and report these data 1865
notwithstanding section 2151.357 or 3319.321 of the Revised Code.1866

       (G) The state board shall, in accordance with the procedures 1867
it adopts, annually compile the data reported by each school 1868
district pursuant to division (D) of this section. The state board 1869
shall design formats for profiling each school district as a whole 1870
and each school building within each district and shall compile 1871
the data in accordance with these formats. These profile formats 1872
shall:1873

       (1) Include all of the data gathered under this section in a 1874
manner that facilitates comparison among school districts and 1875
among school buildings within each school district;1876

       (2) Present the data on academic achievement levels as 1877
assessed by the testing of student achievement maintained pursuant 1878
to division (B)(1)(d) of this section.1879

       (H)(1) The state board shall, in accordance with the 1880
procedures it adopts, annually prepare a statewide report for all 1881
school districts and the general public that includes the profile 1882
of each of the school districts developed pursuant to division (G) 1883
of this section. Copies of the report shall be sent to each school 1884
district.1885

       (2) The state board shall, in accordance with the procedures 1886
it adopts, annually prepare an individual report for each school 1887
district and the general public that includes the profiles of each 1888
of the school buildings in that school district developed pursuant 1889
to division (G) of this section. Copies of the report shall be 1890
sent to the superintendent of the district and to each member of 1891
the district board of education.1892

       (3) Copies of the reports received from the state board under 1893
divisions (H)(1) and (2) of this section shall be made available 1894
to the general public at each school district's offices. Each 1895
district board of education shall make copies of each report 1896
available to any person upon request and payment of a reasonable 1897
fee for the cost of reproducing the report. The board shall 1898
annually publish in a newspaper of general circulation in the 1899
school district, at least twice during the two weeks prior to the 1900
week in which the reports will first be available, a notice 1901
containing the address where the reports are available and the 1902
date on which the reports will be available.1903

       (I) Any data that is collected or maintained pursuant to this 1904
section and that identifies an individual pupil is not a public 1905
record for the purposes of section 149.43 of the Revised Code.1906

       (J) As used in this section:1907

       (1) "School district" means any city, local, exempted 1908
village, or joint vocational school district and, in accordance 1909
with section 3314.17 of the Revised Code, any community school. As 1910
used in division (L) of this section, "school district" also 1911
includes any educational service center or other educational 1912
entity required to submit data using the system established under 1913
this section.1914

       (2) "Cost" means any expenditure for operating expenses made 1915
by a school district excluding any expenditures for debt 1916
retirement except for payments made to any commercial lending 1917
institution for any loan approved pursuant to section 3313.483 of 1918
the Revised Code.1919

       (K) Any person who removes data from the information system 1920
established under this section for the purpose of releasing it to 1921
any person not entitled under law to have access to such 1922
information is subject to section 2913.42 of the Revised Code 1923
prohibiting tampering with data.1924

       (L)(1) In accordance with division (L)(2) of this section and 1925
the rules adopted under division (L)(10) of this section, the 1926
department of education may sanction any school district that 1927
reports incomplete or inaccurate data, reports data that does not 1928
conform to data requirements and descriptions published by the 1929
department, fails to report data in a timely manner, or otherwise 1930
does not make a good faith effort to report data as required by 1931
this section.1932

       (2) If the department decides to sanction a school district 1933
under this division, the department shall take the following 1934
sequential actions:1935

       (a) Notify the district in writing that the department has 1936
determined that data has not been reported as required under this 1937
section and require the district to review its data submission and 1938
submit corrected data by a deadline established by the department. 1939
The department also may require the district to develop a 1940
corrective action plan, which shall include provisions for the 1941
district to provide mandatory staff training on data reporting 1942
procedures.1943

       (b) Withhold up to ten per cent of the total amount of state 1944
funds due to the district for the current fiscal year and, if not 1945
previously required under division (L)(2)(a) of this section, 1946
require the district to develop a corrective action plan in 1947
accordance with that division;1948

       (c) Withhold an additional amount of up to twenty per cent of 1949
the total amount of state funds due to the district for the 1950
current fiscal year;1951

       (d) Direct department staff or an outside entity to 1952
investigate the district's data reporting practices and make 1953
recommendations for subsequent actions. The recommendations may 1954
include one or more of the following actions:1955

       (i) Arrange for an audit of the district's data reporting 1956
practices by department staff or an outside entity;1957

       (ii) Conduct a site visit and evaluation of the district;1958

       (iii) Withhold an additional amount of up to thirty per cent 1959
of the total amount of state funds due to the district for the 1960
current fiscal year;1961

       (iv) Continue monitoring the district's data reporting;1962

       (v) Assign department staff to supervise the district's data 1963
management system;1964

       (vi) Conduct an investigation to determine whether to suspend 1965
or revoke the license of any district employee in accordance with 1966
division (N) of this section;1967

       (vii) If the district is issued a report card under section 1968
3302.03 of the Revised Code, indicate on the report card that the 1969
district has been sanctioned for failing to report data as 1970
required by this section;1971

       (viii) If the district is issued a report card under section 1972
3302.03 of the Revised Code and incomplete or inaccurate data 1973
submitted by the district likely caused the district to receive a 1974
higher performance rating than it deserved under that section, 1975
issue a revised report card for the district;1976

       (ix) Any other action designed to correct the district's data 1977
reporting problems.1978

       (3) Any time the department takes an action against a school 1979
district under division (L)(2) of this section, the department 1980
shall make a report of the circumstances that prompted the action. 1981
The department shall send a copy of the report to the district 1982
superintendent or chief administrator and maintain a copy of the 1983
report in its files.1984

       (4) If any action taken under division (L)(2) of this section 1985
resolves a school district's data reporting problems to the 1986
department's satisfaction, the department shall not take any 1987
further actions described by that division. If the department 1988
withheld funds from the district under that division, the 1989
department may release those funds to the district, except that if 1990
the department withheld funding under division (L)(2)(c) of this 1991
section, the department shall not release the funds withheld under 1992
division (L)(2)(b) of this section and, if the department withheld 1993
funding under division (L)(2)(d) of this section, the department 1994
shall not release the funds withheld under division (L)(2)(b) or 1995
(c) of this section.1996

       (5) Notwithstanding anything in this section to the contrary, 1997
the department may use its own staff or an outside entity to 1998
conduct an audit of a school district's data reporting practices 1999
any time the department has reason to believe the district has not 2000
made a good faith effort to report data as required by this 2001
section. If any audit conducted by an outside entity under 2002
division (L)(2)(d)(i) or (5) of this section confirms that a 2003
district has not made a good faith effort to report data as 2004
required by this section, the district shall reimburse the 2005
department for the full cost of the audit. The department may 2006
withhold state funds due to the district for this purpose.2007

       (6) Prior to issuing a revised report card for a school 2008
district under division (L)(2)(d)(viii) of this section, the 2009
department may hold a hearing to provide the district with an 2010
opportunity to demonstrate that it made a good faith effort to 2011
report data as required by this section. The hearing shall be 2012
conducted by a referee appointed by the department. Based on the 2013
information provided in the hearing, the referee shall recommend 2014
whether the department should issue a revised report card for the 2015
district. If the referee affirms the department's contention that 2016
the district did not make a good faith effort to report data as 2017
required by this section, the district shall bear the full cost of 2018
conducting the hearing and of issuing any revised report card.2019

       (7) If the department determines that any inaccurate data 2020
reported under this section caused a school district to receive 2021
excess state funds in any fiscal year, the district shall 2022
reimburse the department an amount equal to the excess funds, in 2023
accordance with a payment schedule determined by the department. 2024
The department may withhold state funds due to the district for 2025
this purpose.2026

       (8) Any school district that has funds withheld under 2027
division (L)(2) of this section may appeal the withholding in 2028
accordance with Chapter 119. of the Revised Code.2029

       (9) In all cases of a disagreement between the department and 2030
a school district regarding the appropriateness of an action taken 2031
under division (L)(2) of this section, the burden of proof shall 2032
be on the district to demonstrate that it made a good faith effort 2033
to report data as required by this section.2034

       (10) The state board of education shall adopt rules under 2035
Chapter 119. of the Revised Code to implement division (L) of this 2036
section.2037

       (M) No information technology center or school district shall 2038
acquire, change, or update its student administration software 2039
package to manage and report data required to be reported to the 2040
department unless it converts to a student software package that 2041
is certified by the department.2042

       (N) The state board of education, in accordance with sections 2043
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 2044
license as defined under division (A) of section 3319.31 of the 2045
Revised Code that has been issued to any school district employee 2046
found to have willfully reported erroneous, inaccurate, or 2047
incomplete data to the education management information system.2048

       (O) No person shall release or maintain any information about 2049
any student in violation of this section. Whoever violates this 2050
division is guilty of a misdemeanor of the fourth degree.2051

       (P) The department shall disaggregate the data collected 2052
under division (B)(1)(n) of this section according to the race and 2053
socioeconomic status of the students assessed. No data collected 2054
under that division shall be included on the report cards required 2055
by section 3302.03 of the Revised Code.2056

       (Q) If the department cannot compile any of the information 2057
required by division (H) of section 3302.03 of the Revised Code 2058
based upon the data collected under this section, the department 2059
shall develop a plan and a reasonable timeline for the collection 2060
of any data necessary to comply with that division.2061

       Sec. 3301.0715.  (A) Except as otherwise required under 2062
division (B)(1) of section 3313.608 of the Revised Code, the board 2063
of education of each city, local, and exempted village school 2064
district shall administer each applicable diagnostic assessment 2065
developed and provided to the district in accordance with section 2066
3301.079 of the Revised Code to the following:2067

       (1) Any student who transfers into the district or to a 2068
different school within the district if each applicable diagnostic 2069
assessment was not administered by the district or school the 2070
student previously attended in the current school year, within 2071
thirty days after the date of transfer. If the district or school 2072
into which the student transfers cannot determine whether the 2073
student has taken any applicable diagnostic assessment in the 2074
current school year, the district or school may administer the 2075
diagnostic assessment to the student. However, if a student 2076
transfers into the district prior to the administration of the 2077
diagnostic assessments to all students under division (B) of this 2078
section, the district may administer the diagnostic assessments to 2079
that student on the date or dates determined under that division.2080

       (2)(a) Prior to July 1, 2014, each kindergarten student, not 2081
earlier than four weeks prior to the first day of school and not 2082
later than the first day of October.2083

       (b) Beginning July 1, 2014, eachEach kindergarten student, 2084
not earlier than the first day of the school year and not later 2085
than the first day of November, except that the language and 2086
reading skills portion of the assessment shall be administered by 2087
the thirtieth day of September to fulfill the requirements of 2088
division (B) of section 3313.608 of the Revised Code.2089

       For the purpose of division (A)(2) of this section, the 2090
district shall administer the kindergarten readiness assessment 2091
provided by the department of education. In no case shall the 2092
results of the readiness assessment be used to prohibit a student 2093
from enrolling in kindergarten.2094

       (3) Each student enrolled in first, second, or third grade.2095

       Division (A) of this section does not apply to students with 2096
significant cognitive disabilities, as defined by the department 2097
of education.2098

       (B) Each district board shall administer each diagnostic 2099
assessment when the board deems appropriate, provided the 2100
administration complies with section 3313.608 of the Revised Code. 2101
However, the board shall administer any diagnostic assessment at 2102
least once annually to all students in the appropriate grade 2103
level. A district board may administer any diagnostic assessment 2104
in the fall and spring of a school year to measure the amount of 2105
academic growth attributable to the instruction received by 2106
students during that school year.2107

       (C) Any district that received an excellent or effective 2108
ratinga grade of "A" or "B" for the performance index score under 2109
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of 2110
the Revised Code or for the value-added progress dimension under 2111
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of 2112
the Revised Code for the immediately preceding school year, 2113
pursuant to section 3302.03 of the Revised Code as it existed 2114
prior to March 22, 2013, or the equivalent of such rating as 2115
determined by the department of education, may use different 2116
diagnostic assessments from those adopted under division (D) of 2117
section 3301.079 of the Revised Code in order to satisfy the 2118
requirements of division (A)(2)(3) of this section.2119

       (D) Each district board shall utilize and score any 2120
diagnostic assessment administered under division (A) of this 2121
section in accordance with rules established by the department. 2122
After the administration of any diagnostic assessment, each 2123
district shall provide a student's completed diagnostic 2124
assessment, the results of such assessment, and any other 2125
accompanying documents used during the administration of the 2126
assessment to the parent of that student, and shall include all 2127
such documents and information in any plan developed for the 2128
student under division (C) of section 3313.608 of the Revised 2129
Code. Each district shall submit to the department, in the manner 2130
the department prescribes, the results of the diagnostic 2131
assessments administered under this section, regardless of the 2132
type of assessment used under section 3313.608 of the Revised 2133
Code. The department may issue reports with respect to the data 2134
collected. The department may report school and district level 2135
kindergarten diagnostic assessment data and use diagnostic 2136
assessment data to calculate the measure prescribed by divisions 2137
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.2138

       (E) Each district board shall provide intervention services 2139
to students whose diagnostic assessments show that they are 2140
failing to make satisfactory progress toward attaining the 2141
academic standards for their grade level.2142

       Sec. 3301.16.  Pursuant to standards prescribed by the state 2143
board of education as provided in division (D) of section 3301.07 2144
of the Revised Code, the state board shall classify and charter 2145
school districts and individual schools within each district 2146
except that no charter shall be granted to a nonpublic school 2147
unless the school complies with divisiondivisions (K)(1)(a) and 2148
(b) of section 3301.0711, ifas applicable, and section 3313.612 2149
of the Revised Code. 2150

       In the course of considering the charter of a new school 2151
district created under section 3311.26 or 3311.38 of the Revised 2152
Code, the state board shall require the party proposing creation 2153
of the district to submit to the board a map, certified by the 2154
county auditor of the county in which the proposed new district is 2155
located, showing the boundaries of the proposed new district. In 2156
the case of a proposed new district located in more than one 2157
county, the map shall be certified by the county auditor of each 2158
county in which the proposed district is located.2159

       The state board shall revoke the charter of any school 2160
district or school which fails to meet the standards for 2161
elementary and high schools as prescribed by the board. The state 2162
board shall also revoke the charter of any nonpublic school that 2163
does not comply with division (K)(1)(a) of section 3301.0711, if 2164
applicable, and section 3313.612 of the Revised Code. 2165

       In the issuance and revocation of school district or school 2166
charters, the state board shall be governed by the provisions of 2167
Chapter 119. of the Revised Code.2168

       No school district, or individual school operated by a school 2169
district, shall operate without a charter issued by the state 2170
board under this section.2171

       In case a school district charter is revoked pursuant to this 2172
section, the state board may dissolve the school district and 2173
transfer its territory to one or more adjacent districts. An 2174
equitable division of the funds, property, and indebtedness of the 2175
school district shall be made by the state board among the 2176
receiving districts. The board of education of a receiving 2177
district shall accept such territory pursuant to the order of the 2178
state board. Prior to dissolving the school district, the state 2179
board shall notify the appropriate educational service center 2180
governing board and all adjacent school district boards of 2181
education of its intention to do so. Boards so notified may make 2182
recommendations to the state board regarding the proposed 2183
dissolution and subsequent transfer of territory. Except as 2184
provided in section 3301.161 of the Revised Code, the transfer 2185
ordered by the state board shall become effective on the date 2186
specified by the state board, but the date shall be at least 2187
thirty days following the date of issuance of the order.2188

       A high school is one of higher grade than an elementary 2189
school, in which instruction and training are given in accordance 2190
with sections 3301.07 and 3313.60 of the Revised Code and which 2191
also offers other subjects of study more advanced than those 2192
taught in the elementary schools and such other subjects as may be 2193
approved by the state board of education.2194

       An elementary school is one in which instruction and training 2195
are given in accordance with sections 3301.07 and 3313.60 of the 2196
Revised Code and which offers such other subjects as may be 2197
approved by the state board of education. In districts wherein a 2198
junior high school is maintained, the elementary schools in that 2199
district may be considered to include only the work of the first 2200
six school years inclusive, plus the kindergarten year.2201

       Sec. 3301.163.  (A) Beginning July 1, 2015, any third-grade 2202
student who attends a chartered nonpublic school with a 2203
scholarship awarded under either the educational choice 2204
scholarship pilot program, prescribed in sections 3310.01 to 2205
3310.17, or the pilot project scholarship program prescribed in 2206
sections 3313.974 to 3313.979 of the Revised Code, shall be 2207
subject to the third-grade reading guarantee retention provisions 2208
under division (A)(2) of section 3313.608 of the Revised Code, 2209
including the exemptions prescribed by that division. For purposes 2210
of determining if a child with a disability is exempt from 2211
retention under this section, an individual services plan created 2212
for the child that has been reviewed by either the student's 2213
school district of residence or the school district in which the 2214
chartered nonpublic school is located and that specifies that the 2215
student is not subject to retention shall be considered in the 2216
same manner as an individualized education program or plan under 2217
section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 2218
U.S.C. 794, as amended, as prescribed by division (A)(2) of 2219
section 3313.608 of the Revised Code.2220

       As used in this section, "child with a disability" and 2221
"school district of residence" have the same meanings as in 2222
section 3323.01 of the Revised Code.2223

       (B)(1) Each chartered nonpublic school that enrolls students 2224
in any of grades kindergarten through three and that accepts 2225
students under the educational choice scholarship pilot program or 2226
the pilot project scholarship program shall adopt policies and 2227
procedures for the annual assessment of the reading skills of 2228
those students. Each school may use the diagnostic assessment to 2229
measure reading ability for the appropriate grade level prescribed 2230
in division (D) of section 3301.079 of the Revised Code. If the 2231
school uses such assessments, the department of education shall 2232
furnish them to the chartered nonpublic school. 2233

       (2) For each student identified as having reading skills 2234
below grade level, the school shall do both of the following: 2235

       (a) Provide to the student's parent or guardian, in writing, 2236
all of the following:2237

       (i) Notification that the student has been identified as 2238
having a substantial deficiency in reading;2239

       (ii) Notification that if the student attains a score in the 2240
range designated under division (A)(3) of section 3301.0710 of the 2241
Revised Code on the assessment prescribed under that section to 2242
measure skill in English language arts expected at the end of 2243
third grade, the student shall be retained unless the student is 2244
exempt under division (A)(1) of section 3313.608 of the Revised 2245
Code. 2246

       (b) Provide intensive reading instruction services, as 2247
determined appropriate by the school, to each student identified 2248
under this section.2249

       (C) Each chartered nonpublic school subject to this section 2250
annually shall report to the department the number of students 2251
identified as reading at grade level and the number of students 2252
identified as reading below grade level.2253

       Sec. 3301.28.  Not later than July 1, 2015, the department of 2254
education shall establish a clearinghouse of information regarding 2255
the identification of and intervention for at-risk students. The 2256
clearinghouse shall include, but not be limited to, the following:2257

       (A) Indicators of at-risk status that have been proven 2258
accurate or effective by research;2259

       (B) Identification and intervention programs used in this 2260
state, categorized by type of district using the department's most 2261
recent district typology categories;2262

       (C) National identification and intervention programs.2263

       The programs included under divisions (B) and (C) of this 2264
section shall be ones that have been confirmed effective through 2265
research.2266

       Sec. 3301.947.  Data collected in the course of testing under 2267
sections 3301.079, 3301.0710, 3301.0711, and 3301.0712 of the 2268
Revised Code shall be used for the sole purpose of measuring and 2269
improving the academic progress and needs of students, educators, 2270
school districts, and schools. In the course of such testing, no 2271
student's or a student's family's social security numbers, 2272
religious affiliation, political party affiliation, voting 2273
history, or biometric information shall be collected, tracked, 2274
housed with, reported to, or shared with any entity, including the 2275
federal or state government.2276

       Sec. 3301.948.  Notwithstanding anything in the Revised Code 2277
to the contrary, the department of education, any school district, 2278
any school, or any third party under contract with the state, a 2279
school district, or a school shall not provide student names and 2280
addresses to any multi-state consortium that offers summative 2281
assessments.2282

       Sec. 3302.01.  As used in this chapter:2283

       (A) "Performance index score" means the average of the totals 2284
derived from calculations, for each subject area of English 2285
language arts, mathematics, science, and social studies, of the 2286
weighted proportion of untested students and students scoring at 2287
each level of skill described in division (A)(2) of section 2288
3301.0710 of the Revised Code on the state achievement assessments 2289
prescribed by divisions (A) and (B)(1) of that section. The, as 2290
follows:2291

       (1) For the assessments prescribed by division (A)(1) of 2292
section 3301.0710 of the Revised Code, the average for each of the 2293
subject areas of English language arts, mathematics, science, and 2294
social studies.2295

       (2) For the assessments prescribed by division (B)(1) of 2296
section 3301.0710 and division (B)(2) of section 3301.0712 of the 2297
Revised Code, the average for each of the subject areas of English 2298
language arts and mathematics.2299

       The department of education shall assign weights such that 2300
students who do not take an assessment receive a weight of zero 2301
and students who take an assessment receive progressively larger 2302
weights dependent upon the level of skill attained on the 2303
assessment. The department shall assign additional weights to 2304
students who have been permitted to pass over a subject in 2305
accordance with a student acceleration policy adopted under 2306
section 3324.10 of the Revised Code. If such a student attains the 2307
proficient score prescribed under division (A)(2)(c) of section 2308
3301.0710 of the Revised Code or higher on an assessment, the 2309
department shall assign the student the weight prescribed for the 2310
next higher scoring level. If such a student attains the advanced 2311
score, prescribed under division (A)(2)(a) of section 3301.0710 of 2312
the Revised Code, on an assessment, the department shall assign to 2313
the student an additional proportional weight, as approved by the 2314
state board. For each school year that such a student's score is 2315
included in the performance index score and the student attains 2316
the proficient score on an assessment, that additional weight 2317
shall be assigned to the student on a subject-by-subject basis.2318

       Students shall be included in the "performance index score" 2319
in accordance with division (K)(2) of section 3302.03 of the 2320
Revised Code.2321

       (B) "Subgroup" means a subset of the entire student 2322
population of the state, a school district, or a school building 2323
and includes each of the following:2324

       (1) Major racial and ethnic groups;2325

       (2) Students with disabilities;2326

       (3) Economically disadvantaged students;2327

       (4) Limited English proficient students;2328

       (5) Students identified as gifted in superior cognitive 2329
ability and specific academic ability fields under Chapter 3324. 2330
of the Revised Code. For students who are gifted in specific 2331
academic ability fields, the department shall use data for those 2332
students with specific academic ability in math and reading. If 2333
any other academic field is assessed, the department shall also 2334
include data for students with specific academic ability in that 2335
field.2336

       (6) Students in the lowest quintile for achievement 2337
statewide, as determined by a method prescribed by the state board 2338
of education.2339

       (C) "No Child Left Behind Act of 2001" includes the statutes 2340
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or 2341
both thereto, rules and regulations promulgated pursuant to those 2342
statutes, guidance documents, and any other policy directives 2343
regarding implementation of that act issued by the United States 2344
department of education.2345

       (D) "Adequate yearly progress" means a measure of annual 2346
academic performance as calculated in accordance with the "No 2347
Child Left Behind Act of 2001." 2348

       (E) "Supplemental educational services" means additional 2349
academic assistance, such as tutoring, remediation, or other 2350
educational enrichment activities, that is conducted outside of 2351
the regular school day by a provider approved by the department in 2352
accordance with the "No Child Left Behind Act of 2001." 2353

       (F) "Value-added progress dimension" means a measure of 2354
academic gain for a student or group of students over a specific 2355
period of time that is calculated by applying a statistical 2356
methodology to individual student achievement data derived from 2357
the achievement assessments prescribed by section 3301.0710 of the 2358
Revised Code. The "value-added progress dimension" shall be 2359
developed and implemented in accordance with section 3302.021 of 2360
the Revised Code.2361

       (G)(1) "Four-year adjusted cohort graduation rate" means the 2362
number of students who graduate in four years or less with a 2363
regular high school diploma divided by the number of students who 2364
form the adjusted cohort for the graduating class.2365

       (2) "Five-year adjusted cohort graduation rate" means the 2366
number of students who graduate in five years with a regular high 2367
school diploma divided by the number of students who form the 2368
adjusted cohort for the four-year graduation rate.2369

        (H) "State institution of higher education" has the same 2370
meaning as in section 3345.011 of the Revised Code.2371

       (I) "Annual measurable objectives" means a measure of student 2372
progress determined in accordance with an agreement between the 2373
department of education and the United States department of 2374
education.2375

       Sec. 3302.02.  Not later than one year after the adoption of 2376
rules under division (D) of section 3301.0712 of the Revised Code 2377
and at least every sixth year thereafter, upon recommendations of 2378
the superintendent of public instruction, the state board of 2379
education shall establish a set of performance indicators that 2380
considered as a unit will be used as one of the performance 2381
categories for the report cards required by section 3302.03 of the 2382
Revised Code. In establishing these indicators, the superintendent 2383
shall consider inclusion of student performance on assessments 2384
prescribed under section 3301.0710 or 3301.0712 of the Revised 2385
Code, rates of student improvement on such assessments, the 2386
breadth of coursework available within the district, and other 2387
indicators of student success. 2388

        Beginning with the report card for the 2014-2015 school year, 2389
the performance indicators shall include an indicator that 2390
reflects the level of services provided to, and the performance 2391
of, students identified as gifted under Chapter 3324. of the 2392
Revised Code. The indicator shall include the performance of 2393
students identified as gifted on state assessments and value-added 2394
growth measure disaggregated for students identified as gifted.2395

       For the 2013-2014 school year, except as otherwise provided 2396
in this section, for any indicator based on the percentage of 2397
students attaining a proficient score on the assessments 2398
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the 2399
Revised Code, a school district or building shall be considered to 2400
have met the indicator if at least eighty per cent of the tested 2401
students attain a score of proficient or higher on the assessment. 2402
A school district or building shall be considered to have met the 2403
indicator for the assessments prescribed by division (B)(1) of 2404
section 3301.0710 of the Revised Code and only as administered to 2405
eleventh grade students, if at least eighty-five per cent of the 2406
tested students attain a score of proficient or higher on the 2407
assessment. Not later than July 1, 2014, the state board may adopt 2408
rules, under Chapter 119. of the Revised Code, to establish 2409
different proficiency percentages to meet each indicator that is 2410
based on a state assessment, prescribed under section 3301.0710 or 2411
3301.0712 of the Revised Code, for the 2014-2015 school year and 2412
thereafter.2413

       The superintendent shall not establish any performance 2414
indicator for passage of the third or fourth grade English 2415
language arts assessment that is solely based on the assessment 2416
given in the fall for the purpose of determining whether students 2417
have met the reading guarantee provisions of section 3313.608 of 2418
the Revised Code.2419

       Sec. 3302.03.  Annually, not later than the fifteenth day of 2420
September or the preceding Friday when that day falls on a 2421
Saturday or Sunday, the department of education shall assign a 2422
letter grade for overall academic performance and for each 2423
separate performance measure for each school district, and each 2424
school building in a district, in accordance with this section. 2425
The state board shall adopt rules pursuant to Chapter 119. of the 2426
Revised Code to establish performance criteria for each letter 2427
grade and prescribe a method by which the department assigns each 2428
letter grade. For a school building to which any of the 2429
performance measures do not apply, due to grade levels served by 2430
the building, the state board shall designate the performance 2431
measures that are applicable to the building and that must be 2432
calculated separately and used to calculate the building's overall 2433
grade. The department shall issue annual report cards reflecting 2434
the performance of each school district, each building within each 2435
district, and for the state as a whole using the performance 2436
measures and letter grade system described in this section. The 2437
department shall include on the report card for each district and 2438
each building within each district the most recent two-year trend 2439
data in student achievement for each subject and each grade.2440

       (A)(1) For the 2012-2013 school year, the department shall 2441
issue grades as described in division (E) of this section for each 2442
of the following performance measures:2443

       (a) Annual measurable objectives; 2444

       (b) Performance index score for a school district or 2445
building. Grades shall be awarded as a percentage of the total 2446
possible points on the performance index system as adopted by the 2447
state board. In adopting benchmarks for assigning letter grades 2448
under division (A)(1)(b) of this section, the state board of 2449
education shall designate ninety per cent or higher for an "A," at 2450
least seventy per cent but not more than eighty per cent for a 2451
"C," and less than fifty per cent for an "F."2452

       (c) The extent to which the school district or building meets 2453
each of the applicable performance indicators established by the 2454
state board under section 3302.02 of the Revised Code and the 2455
percentage of applicable performance indicators that have been 2456
achieved. In adopting benchmarks for assigning letter grades under 2457
division (A)(1)(c) of this section, the state board shall 2458
designate ninety per cent or higher for an "A."2459

       (d) The four- and five-year adjusted cohort graduation rates.2460

        In adopting benchmarks for assigning letter grades under 2461
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 2462
department shall designate a four-year adjusted cohort graduation 2463
rate of ninety-three per cent or higher for an "A" and a five-year 2464
cohort graduation rate of ninety-five per cent or higher for an 2465
"A."2466

       (e) The overall score under the value-added progress 2467
dimension of a school district or building, for which the 2468
department shall use up to three years of value-added data as 2469
available. The letter grade assigned for this growth measure shall 2470
be as follows:2471

       (i) A score that is at least two standard errors of measure 2472
above the mean score shall be designated as an "A."2473

       (ii) A score that is at least one standard error of measure 2474
but less than two standard errors of measure above the mean score 2475
shall be designated as a "B."2476

       (iii) A score that is less than one standard error of measure 2477
above the mean score but greater than or equal to one standard 2478
error of measure below the mean score shall be designated as a 2479
"C."2480

       (iv) A score that is not greater than one standard error of 2481
measure below the mean score but is greater than or equal to two 2482
standard errors of measure below the mean score shall be 2483
designated as a "D."2484

       (v) A score that is not greater than two standard errors of 2485
measure below the mean score shall be designated as an "F."2486

       Whenever the value-added progress dimension is used as a 2487
graded performance measure, whether as an overall measure or as a 2488
measure of separate subgroups, the grades for the measure shall be 2489
calculated in the same manner as prescribed in division (A)(1)(e) 2490
of this section.2491

       (f) The value-added progress dimension score for a school 2492
district or building disaggregated for each of the following 2493
subgroups: students identified as gifted, students with 2494
disabilities, and students whose performance places them in the 2495
lowest quintile for achievement on a statewide basis. Each 2496
subgroup shall be a separate graded measure.2497

       (2) Not later than April 30, 2013, the state board of 2498
education shall adopt a resolution describing the performance 2499
measures, benchmarks, and grading system for the 2012-2013 school 2500
year and, not later than June 30, 2013, shall adopt rules in 2501
accordance with Chapter 119. of the Revised Code that prescribe 2502
the methods by which the performance measures under division 2503
(A)(1) of this section shall be assessed and assigned a letter 2504
grade, including performance benchmarks for each letter grade.2505

       At least forty-five days prior to the state board's adoption 2506
of rules to prescribe the methods by which the performance 2507
measures under division (A)(1) of this section shall be assessed 2508
and assigned a letter grade, the department shall conduct a public 2509
presentation before the standing committees of the house of 2510
representatives and the senate that consider education legislation 2511
describing such methods, including performance benchmarks.2512

       (3) There shall not be an overall letter grade for a school 2513
district or building for the 2012-2013 school year.2514

       (B)(1) For the 2013-2014 school year, the department shall 2515
issue grades as described in division (E) of this section for each 2516
of the following performance measures:2517

       (a) Annual measurable objectives; 2518

       (b) Performance index score for a school district or 2519
building. Grades shall be awarded as a percentage of the total 2520
possible points on the performance index system as created by the 2521
department. In adopting benchmarks for assigning letter grades 2522
under division (B)(1)(b) of this section, the state board shall 2523
designate ninety per cent or higher for an "A," at least seventy 2524
per cent but not more than eighty per cent for a "C," and less 2525
than fifty per cent for an "F."2526

       (c) The extent to which the school district or building meets 2527
each of the applicable performance indicators established by the 2528
state board under section 3302.03 of the Revised Code and the 2529
percentage of applicable performance indicators that have been 2530
achieved. In adopting benchmarks for assigning letter grades under 2531
division (B)(1)(c) of this section, the state board shall 2532
designate ninety per cent or higher for an "A."2533

       (d) The four- and five-year adjusted cohort graduation rates;2534

       (e) The overall score under the value-added progress 2535
dimension of a school district or building, for which the 2536
department shall use up to three years of value-added data as 2537
available.2538

       (f) The value-added progress dimension score for a school 2539
district or building disaggregated for each of the following 2540
subgroups: students identified as gifted in superior cognitive 2541
ability and specific academic ability fields under Chapter 3324. 2542
of the Revised Code, students with disabilities, and students 2543
whose performance places them in the lowest quintile for 2544
achievement on a statewide basis. Each subgroup shall be a 2545
separate graded measure.2546

       (g) Whether a school district or building is making progress 2547
in improving literacy in grades kindergarten through three, as 2548
determined using a method prescribed by the state board. The state 2549
board shall adopt rules to prescribe benchmarks and standards for 2550
assigning grades to districts and buildings for purposes of 2551
division (B)(1)(g) of this section. In adopting benchmarks for 2552
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 2553
this section, the state board shall determine progress made based 2554
on the reduction in the total percentage of students scoring below 2555
grade level, or below proficient, compared from year to year on 2556
the reading and writing diagnostic assessments administered under 2557
section 3301.0715 of the Revised Code and the third grade English 2558
language arts assessment under section 3301.0710 of the Revised 2559
Code, as applicable. The state board shall designate for a "C" 2560
grade a value that is not lower than the statewide average value 2561
for this measure. No grade shall be issued under divisions 2562
(B)(1)(g) and (C)(1)(g) of this section for a district or building 2563
in which less than five per cent of students have scored below 2564
grade level on the diagnostic assessment administered to students 2565
in kindergarten under division (B)(1) of section 3313.608 of the 2566
Revised Code.2567

       (h) For a high mobility school district or building, an 2568
additional value-added progress dimension score. For this measure, 2569
the department shall use value-added data from the most recent 2570
school year available and shall use assessment scores for only 2571
those students to whom the district or building has administered 2572
the assessments prescribed by section 3301.0710 of the Revised 2573
Code for each of the two most recent consecutive school years.2574

       As used in this division, "high mobility school district or 2575
building" means a school district or building where at least 2576
twenty-five per cent of its total enrollment is made up of 2577
students who have attended that school district or building for 2578
less than one year.2579

       (2) In addition to the graded measures in division (B)(1) of 2580
this section, the department shall include on a school district's 2581
or building's report card all of the following without an assigned 2582
letter grade:2583

       (a) The percentage of students enrolled in a district or 2584
building participating in advanced placement classes and the 2585
percentage of those students who received a score of three or 2586
better on advanced placement examinations;2587

        (b) The number of a district's or building's students who 2588
have earned at least three college credits through dual enrollment 2589
or advanced standing programs, such as the post-secondary 2590
enrollment options program under Chapter 3365. of the Revised Code 2591
and state-approved career-technical courses offered through dual 2592
enrollment or statewide articulation, that appear on a student's 2593
transcript or other official document, either of which is issued 2594
by the institution of higher education from which the student 2595
earned the college credit. The credits earned that are reported 2596
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 2597
include any that are remedial or developmental and shall include 2598
those that count toward the curriculum requirements established 2599
for completion of a degree.2600

       (c) The percentage of students enrolled in a district or 2601
building who have taken a national standardized test used for 2602
college admission determinations and the percentage of those 2603
students who are determined to be remediation-free in accordance 2604
with standards adopted under division (F) of section 3345.061 of 2605
the Revised Code;2606

        (d) The percentage of the district's or the building's 2607
students who receive industryindustry-recognized credentials. The 2608
state board shall adopt criteria for acceptable industry2609
industry-recognized credentials.2610

        (e) The percentage of students enrolled in a district or 2611
building who are participating in an international baccalaureate 2612
program and the percentage of those students who receive a score 2613
of four or better on the international baccalaureate examinations.2614

        (f) The percentage of the district's or building's students 2615
who receive an honors diploma under division (B) of section 2616
3313.61 of the Revised Code.2617

       (3) Not later than December 31, 2013, the state board shall 2618
adopt rules in accordance with Chapter 119. of the Revised Code 2619
that prescribe the methods by which the performance measures under 2620
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 2621
and assigned a letter grade, including performance benchmarks for 2622
each grade.2623

       At least forty-five days prior to the state board's adoption 2624
of rules to prescribe the methods by which the performance 2625
measures under division (B)(1) of this section shall be assessed 2626
and assigned a letter grade, the department shall conduct a public 2627
presentation before the standing committees of the house of 2628
representatives and the senate that consider education legislation 2629
describing such methods, including performance benchmarks.2630

       (4) There shall not be an overall letter grade for a school 2631
district or building for the 2013-2014 school year.2632

       (C)(1) For the 2014-2015 school year and each school year 2633
thereafter, the department shall issue grades as described in 2634
division (E) of this section for each of the following performance 2635
measures prescribed in division (C)(1) of this section and an 2636
overall letter grade based on an aggregate of those measures, 2637
except for the performance measure set forth in division (C)(1)(h) 2638
of this section. The graded measures are as follows:2639

       (a) Annual measurable objectives; 2640

       (b) Performance index score for a school district or 2641
building. Grades shall be awarded as a percentage of the total 2642
possible points on the performance index system as created by the 2643
department. In adopting benchmarks for assigning letter grades 2644
under division (C)(1)(b) of this section, the state board shall 2645
designate ninety per cent or higher for an "A," at least seventy 2646
per cent but not more than eighty per cent for a "C," and less 2647
than fifty per cent for an "F."2648

       (c) The extent to which the school district or building meets 2649
each of the applicable performance indicators established by the 2650
state board under section 3302.03 of the Revised Code and the 2651
percentage of applicable performance indicators that have been 2652
achieved. In adopting benchmarks for assigning letter grades under 2653
division (C)(1)(c) of this section, the state board shall 2654
designate ninety per cent or higher for an "A."2655

       (d) The four- and five-year adjusted cohort graduation rates;2656

       (e) The overall score under the value-added progress 2657
dimension, or another measure of student academic progress if 2658
adopted by the state board, of a school district or building, for 2659
which the department shall use up to three years of value-added 2660
data as available.2661

       In adopting benchmarks for assigning letter grades for 2662
overall score on value-added progress dimension under division 2663
(C)(1)(e) of this section, the state board shall prohibit the 2664
assigning of a grade of "A" for that measure unless the district's 2665
or building's grade assigned for value-added progress dimension 2666
for all subgroups under division (C)(1)(f) of this section is a 2667
"B" or higher.2668

       For the metric prescribed by division (C)(1)(e) of this 2669
section, the state board may adopt a student academic progress 2670
measure to be used instead of the value-added progress dimension. 2671
If the state board adopts such a measure, it also shall prescribe 2672
a method for assigning letter grades for the new measure that is 2673
comparable to the method prescribed in division (A)(1)(e) of this 2674
section.2675

       (f) The value-added progress dimension score of a school 2676
district or building disaggregated for each of the following 2677
subgroups: students identified as gifted in superior cognitive 2678
ability and specific academic ability fields under Chapter 3324. 2679
of the Revised Code, students with disabilities, and students 2680
whose performance places them in the lowest quintile for 2681
achievement on a statewide basis, as determined by a method 2682
prescribed by the state board. Each subgroup shall be a separate 2683
graded measure.2684

       The state board may adopt student academic progress measures 2685
to be used instead of the value-added progress dimension. If the 2686
state board adopts such measures, it also shall prescribe a method 2687
for assigning letter grades for the new measures that is 2688
comparable to the method prescribed in division (A)(1)(e) of this 2689
section.2690

       (g) Whether a school district or building is making progress 2691
in improving literacy in grades kindergarten through three, as 2692
determined using a method prescribed by the state board. The state 2693
board shall adopt rules to prescribe benchmarks and standards for 2694
assigning grades to a district or building for purposes of 2695
division (C)(1)(g) of this section. The state board shall 2696
designate for a "C" grade a value that is not lower than the 2697
statewide average value for this measure. No grade shall be issued 2698
under division (C)(1)(g) of this section for a district or 2699
building in which less than five per cent of students have scored 2700
below grade level on the kindergarten diagnostic assessment under 2701
division (B)(1) of section 3313.608 of the Revised Code.2702

       (h) For a high mobility school district or building, an 2703
additional value-added progress dimension score. For this measure, 2704
the department shall use value-added data from the most recent 2705
school year available and shall use assessment scores for only 2706
those students to whom the district or building has administered 2707
the assessments prescribed by section 3301.0710 of the Revised 2708
Code for each of the two most recent consecutive school years.2709

       As used in this division, "high mobility school district or 2710
building" means a school district or building where at least 2711
twenty-five per cent of its total enrollment is made up of 2712
students who have attended that school district or building for 2713
less than one year.2714

       (2) In addition to the graded measures in division (C)(1) of 2715
this section, the department shall include on a school district's 2716
or building's report card all of the following without an assigned 2717
letter grade:2718

        (a) The percentage of students enrolled in a district or 2719
building who have taken a national standardized test used for 2720
college admission determinations and the percentage of those 2721
students who are determined to be remediation-free in accordance 2722
with the standards adopted under division (F) of section 3345.061 2723
of the Revised Code;2724

        (b) The percentage of students enrolled in a district or 2725
building participating in advanced placement classes and the 2726
percentage of those students who received a score of three or 2727
better on advanced placement examinations;2728

        (c) The numberpercentage of a district's or building's 2729
students who have earned at least three college credits through 2730
dual enrollmentadvanced standing programs, such as the 2731
post-secondary enrollment optionscollege credit plus program 2732
under Chapter 3365. of the Revised Code and state-approved 2733
career-technical courses offered through dual enrollment or 2734
statewide articulation, that appear on a student's college2735
transcript or other official document, either of which is issued 2736
by the institution of higher education from which the student 2737
earned the college credit. The credits earned that are reported 2738
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 2739
include any that are remedial or developmental and shall include 2740
those that count toward the curriculum requirements established 2741
for completion of a degree.2742

        (d) The percentage of the district's or building's students 2743
who receive an honor's diploma under division (B) of section 2744
3313.61 of the Revised Code;2745

        (e) The percentage of the district's or building's students 2746
who receive industryindustry-recognized credentials;2747

        (f) The percentage of students enrolled in a district or 2748
building who are participating in an international baccalaureate 2749
program and the percentage of those students who receive a score 2750
of four or better on the international baccalaureate examinations;2751

        (g) The results of the college and career-ready assessments 2752
administered under division (B)(1) of section 3301.0712 of the 2753
Revised Code.2754

        (3) The state board shall adopt rules pursuant to Chapter 2755
119. of the Revised Code that establish a method to assign an 2756
overall grade for a school district or school building for the 2757
2014-2015 school year and each school year thereafter. The rules 2758
shall group the performance measures in divisions (C)(1) and (2) 2759
of this section into the following components:2760

        (a) Gap closing, which shall include the performance measure 2761
in division (C)(1)(a) of this section;2762

        (b) Achievement, which shall include the performance measures 2763
in divisions (C)(1)(b) and (c) of this section;2764

        (c) Progress, which shall include the performance measures in 2765
divisions (C)(1)(e) and (f) of this section;2766

        (d) Graduation, which shall include the performance measure 2767
in division (C)(1)(d) of this section;2768

        (e) Kindergarten through third-grade literacy, which shall 2769
include the performance measure in division (C)(1)(g) of this 2770
section;2771

        (f) Prepared for success, which shall include the performance 2772
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 2773
this section. The state board shall develop a method to determine 2774
a grade for the component in division (C)(3)(f) of this section 2775
using the performance measures in divisions (C)(2)(a), (b), (c), 2776
(d), (e), and (f) of this section. When available, the state board 2777
may incorporate the performance measure under division (C)(2)(g) 2778
of this section into the component under division (C)(3)(f) of 2779
this section. When determining the overall grade for the prepared 2780
for success component prescribed by division (C)(3)(f) of this 2781
section, no individual student shall be counted in more than one 2782
performance measure. However, if a student qualifies for more than 2783
one performance measure in the component, the state board may, in 2784
its method to determine a grade for the component, specify an 2785
additional weight for such a student that is not greater than or 2786
equal to 1.0. In determining the overall score under division 2787
(C)(3)(f) of this section, the state board shall ensure that the 2788
pool of students included in the performance measures aggregated 2789
under that division are all of the students included in the four- 2790
and five-year adjusted graduation cohort.2791

        In the rules adopted under division (C)(3) of this section, 2792
the state board shall adopt a method for determining a grade for 2793
each component in divisions (C)(3)(a) to (f) of this section. The 2794
state board also shall establish a method to assign an overall 2795
grade of "A," "B," "C," "D," or "F" using the grades assigned for 2796
each component. The method the state board adopts for assigning an 2797
overall grade shall give equal weight to the components in 2798
divisions (C)(3)(b) and (c) of this section.2799

       At least forty-five days prior to the state board's adoption 2800
of rules to prescribe the methods for calculating the overall 2801
grade for the report card, as required by this division, the 2802
department shall conduct a public presentation before the standing 2803
committees of the house of representatives and the senate that 2804
consider education legislation describing the format for the 2805
report card, weights that will be assigned to the components of 2806
the overall grade, and the method for calculating the overall 2807
grade.2808

       (D) Not later than July 1, 2015, the state board shall 2809
develop a measure of student academic progress for high school 2810
students using only data from assessments in English language arts 2811
and mathematics. For the 2014-2015 school year, the department 2812
shall include this measure on a school district or building's 2813
report card, as applicable, without an assigned letter grade.2814
Beginning with the report card for the 2015-2016 school year, each 2815
school district and applicable school building shall be assigned a 2816
separate letter grade for this measure and the district's or 2817
building's grade for that measure shall be included in determining 2818
the district's or building's overall letter grade. This measure 2819
shall be included within the measure prescribed in division 2820
(C)(3)(c) of this section in the calculation for the overall 2821
letter grade.2822

       (E) The letter grades assigned to a school district or 2823
building under this section shall be as follows:2824

       (1) "A" for a district or school making excellent progress;2825

       (2) "B" for a district or school making above average 2826
progress;2827

       (3) "C" for a district or school making average progress;2828

       (4) "D" for a district or school making below average 2829
progress;2830

       (5) "F" for a district or school failing to meet minimum 2831
progress.2832

        (F) When reporting data on student achievement and progress, 2833
the department shall disaggregate that data according to the 2834
following categories: 2835

       (1) Performance of students by grade-level; 2836

       (2) Performance of students by race and ethnic group; 2837

       (3) Performance of students by gender; 2838

       (4) Performance of students grouped by those who have been 2839
enrolled in a district or school for three or more years; 2840

       (5) Performance of students grouped by those who have been 2841
enrolled in a district or school for more than one year and less 2842
than three years; 2843

       (6) Performance of students grouped by those who have been 2844
enrolled in a district or school for one year or less; 2845

       (7) Performance of students grouped by those who are 2846
economically disadvantaged; 2847

       (8) Performance of students grouped by those who are enrolled 2848
in a conversion community school established under Chapter 3314. 2849
of the Revised Code; 2850

       (9) Performance of students grouped by those who are 2851
classified as limited English proficient; 2852

       (10) Performance of students grouped by those who have 2853
disabilities; 2854

       (11) Performance of students grouped by those who are 2855
classified as migrants; 2856

       (12) Performance of students grouped by those who are 2857
identified as gifted in superior cognitive ability and the 2858
specific academic ability fields of reading and math pursuant to 2859
Chapter 3324. of the Revised Code. In disaggregating specific 2860
academic ability fields for gifted students, the department shall 2861
use data for those students with specific academic ability in math 2862
and reading. If any other academic field is assessed, the 2863
department shall also include data for students with specific 2864
academic ability in that field as well.2865

       (13) Performance of students grouped by those who perform in 2866
the lowest quintile for achievement on a statewide basis, as 2867
determined by a method prescribed by the state board. 2868

       The department may disaggregate data on student performance 2869
according to other categories that the department determines are 2870
appropriate. To the extent possible, the department shall 2871
disaggregate data on student performance according to any 2872
combinations of two or more of the categories listed in divisions 2873
(F)(1) to (13) of this section that it deems relevant. 2874

       In reporting data pursuant to division (F) of this section, 2875
the department shall not include in the report cards any data 2876
statistical in nature that is statistically unreliable or that 2877
could result in the identification of individual students. For 2878
this purpose, the department shall not report student performance 2879
data for any group identified in division (F) of this section that 2880
contains less than ten students. If the department does not report 2881
student performance data for a group because it contains less than 2882
ten students, the department shall indicate on the report card 2883
that is why data was not reported.2884

       (G) The department may include with the report cards any 2885
additional education and fiscal performance data it deems 2886
valuable. 2887

       (H) The department shall include on each report card a list 2888
of additional information collected by the department that is 2889
available regarding the district or building for which the report 2890
card is issued. When available, such additional information shall 2891
include student mobility data disaggregated by race and 2892
socioeconomic status, college enrollment data, and the reports 2893
prepared under section 3302.031 of the Revised Code. 2894

       The department shall maintain a site on the world wide web. 2895
The report card shall include the address of the site and shall 2896
specify that such additional information is available to the 2897
public at that site. The department shall also provide a copy of 2898
each item on the list to the superintendent of each school 2899
district. The district superintendent shall provide a copy of any 2900
item on the list to anyone who requests it. 2901

       (I) Division (I) of this section does not apply to conversion 2902
community schools that primarily enroll students between sixteen 2903
and twenty-two years of age who dropped out of high school or are 2904
at risk of dropping out of high school due to poor attendance, 2905
disciplinary problems, or suspensions. 2906

       (1) For any district that sponsors a conversion community 2907
school under Chapter 3314. of the Revised Code, the department 2908
shall combine data regarding the academic performance of students 2909
enrolled in the community school with comparable data from the 2910
schools of the district for the purpose of determining the 2911
performance of the district as a whole on the report card issued 2912
for the district under this section or section 3302.033 of the 2913
Revised Code. 2914

       (2) Any district that leases a building to a community school 2915
located in the district or that enters into an agreement with a 2916
community school located in the district whereby the district and 2917
the school endorse each other's programs may elect to have data 2918
regarding the academic performance of students enrolled in the 2919
community school combined with comparable data from the schools of 2920
the district for the purpose of determining the performance of the 2921
district as a whole on the district report card. Any district that 2922
so elects shall annually file a copy of the lease or agreement 2923
with the department. 2924

       (3) Any municipal school district, as defined in section 2925
3311.71 of the Revised Code, that sponsors a community school 2926
located within the district's territory, or that enters into an 2927
agreement with a community school located within the district's 2928
territory whereby the district and the community school endorse 2929
each other's programs, may exercise either or both of the 2930
following elections:2931

        (a) To have data regarding the academic performance of 2932
students enrolled in that community school combined with 2933
comparable data from the schools of the district for the purpose 2934
of determining the performance of the district as a whole on the 2935
district's report card;2936

        (b) To have the number of students attending that community 2937
school noted separately on the district's report card.2938

       The election authorized under division (I)(3)(a) of this 2939
section is subject to approval by the governing authority of the 2940
community school.2941

       Any municipal school district that exercises an election to 2942
combine or include data under division (I)(3) of this section, by 2943
the first day of October of each year, shall file with the 2944
department documentation indicating eligibility for that election, 2945
as required by the department.2946

       (J) The department shall include on each report card the 2947
percentage of teachers in the district or building who are highly 2948
qualified, as defined by the "No Child Left Behind Act of 2001,"2949
and a comparison of that percentage with the percentages of such 2950
teachers in similar districts and buildings. 2951

       (K)(1) In calculating English language arts, mathematics, 2952
social studies, or science assessment passage rates used to 2953
determine school district or building performance under this 2954
section, the department shall include all students taking an 2955
assessment with accommodation or to whom an alternate assessment 2956
is administered pursuant to division (C)(1) or (3) of section 2957
3301.0711 of the Revised Code. 2958

        (2) In calculating performance index scores, rates of 2959
achievement on the performance indicators established by the state 2960
board under section 3302.02 of the Revised Code, and annual 2961
measurable objectives for determining adequate yearly progress for 2962
school districts and buildings under this section, the department 2963
shall do all of the following: 2964

       (a) Include for each district or building only those students 2965
who are included in the ADM certified for the first full school 2966
week of October and are continuously enrolled in the district or 2967
building through the time of the spring administration of any 2968
assessment prescribed by division (A)(1) or (B)(1) of section 2969
3301.0710 or division (B) of section 3301.0712 of the Revised Code 2970
that is administered to the student's grade level; 2971

       (b) Include cumulative totals from both the fall and spring 2972
administrations of the third grade English language arts 2973
achievement assessment; 2974

       (c) Except as required by the "No Child Left Behind Act of 2975
2001," exclude for each district or building any limited English 2976
proficient student who has been enrolled in United States schools 2977
for less than one full school year.2978

       (L) Beginning with the 2015-2016 school year and at least 2979
once every three years thereafter, the state board of education 2980
shall review and may adjust the benchmarks for assigning letter 2981
grades to the performance measures and components prescribed under 2982
divisions (C)(3) and (D) of this section.2983

       Sec. 3302.031. In addition to the report cards required under 2984
section 3302.03 of the Revised Code, the department of education 2985
shall annually prepare the following reports for each school 2986
district and make a copy of each report available to the 2987
superintendent of each district:2988

       (A) A funding and expenditure accountability report which 2989
shall consist of the amount of state aid payments the school 2990
district will receive during the fiscal year under Chapter 3317. 2991
of the Revised Code and any other fiscal data the department 2992
determines is necessary to inform the public about the financial 2993
status of the district;2994

       (B) A school safety and discipline report which shall consist 2995
of statistical information regarding student safety and discipline 2996
in each school building, including the number of suspensions and 2997
expulsions disaggregated according to race and gender;2998

       (C) A student equity report which shall consist of at least a 2999
description of the status of teacher qualifications, library and 3000
media resources, textbooks, classroom materials and supplies, and 3001
technology resources for each district. To the extent possible, 3002
the information included in the report required under this 3003
division shall be disaggregated according to grade level, race, 3004
gender, disability, and scores attained on assessments required 3005
under sectionsections 3301.0710 and 3301.0712 of the Revised 3006
Code.3007

       (D) A school enrollment report which shall consist of 3008
information about the composition of classes within each district 3009
by grade and subject disaggregated according to race, gender, and 3010
scores attained on assessments required under sectionsections3011
3301.0710 and 3301.0712 of the Revised Code;3012

       (E) A student retention report which shall consist of the 3013
number of students retained in their respective grade levels in 3014
the district disaggregated by grade level, subject area, race, 3015
gender, and disability;3016

       (F) A school district performance report which shall describe 3017
for the district and each building within the district the extent 3018
to which the district or building meets each of the applicable 3019
performance indicators established under section 3302.02 of the 3020
Revised Code, the number of performance indicators that have been 3021
achieved, and the performance index score. In calculating the 3022
rates of achievement on the performance indicators and the 3023
performance index scores for each report, the department shall 3024
exclude all students with disabilities.3025

       Sec. 3302.035. (A) Not later than October 1, 2015, and not 3026
later than the first day of October each year thereafter, the 3027
department of education shall report for each school district, 3028
each community school established under Chapter 3314., each STEM 3029
school established under Chapter 3326., and each 3030
college-preparatory boarding school established under Chapter 3031
3328. of the Revised Code, the following measures for students 3032
with disabilities enrolled in that school district or community, 3033
STEM, or college-preparatory boarding school:3034

       (1) The value-added progress dimension score, as 3035
disaggregated for that subgroup under division (C)(1)(f) of 3036
section 3302.03 of the Revised Code;3037

       (2) The performance index score for that subgroup, as defined 3038
under division (A) of section 3302.01 of the Revised Code;3039

       (3) The four- and five-year adjusted cohort graduation rates, 3040
as defined under divisions (G)(1) and (2) of section 3302.01 of 3041
the Revised Code, for that subgroup.3042

       (B) The department shall make each report completed pursuant 3043
to division (A) of this section available on its web site for 3044
comparison purposes.3045

       Sec. 3302.036.  (A) Notwithstanding anything in the Revised 3046
Code to the contrary, the department of education shall not assign 3047
an overall letter grade under division (C)(3) of section 3302.03 3048
of the Revised Code for any school district or building for the 3049
2014-2015 school year, may, at the discretion of the state board 3050
of education, not assign an individual grade to any component 3051
prescribed under division (C)(3) of section 3302.03 of the Revised 3052
Code, and shall not rank school districts, community schools 3053
established under Chapter 3314. of the Revised Code, or STEM 3054
schools established under Chapter 3326. of the Revised Code under 3055
section 3302.21 of the Revised Code for that school year. The 3056
report card ratings issued for the 2014-2015 school year shall not 3057
be considered in determining whether a school district or a school 3058
is subject to sanctions or penalties. However, the report card 3059
ratings of any previous or subsequent years shall be considered in 3060
determining whether a school district or building is subject to 3061
sanctions or penalties. Accordingly, the report card ratings for 3062
the 2014-2015 school year shall have no effect in determining 3063
sanctions or penalties, but shall not create a new starting point 3064
for determinations that are based on ratings over multiple years.3065

       (B) The provisions from which a district or school is exempt 3066
under division (A) of this section shall be the following:3067

       (1) Any restructuring provisions established under this 3068
chapter, except as required under the "No Child Left Behind Act of 3069
2001"; 3070

       (2) Provisions for the Columbus city school pilot project 3071
under section 3302.042 of the Revised Code;3072

       (3) Provisions for academic distress commissions under 3073
section 3302.10 of the Revised Code; 3074

       (4) Provisions prescribing new buildings where students are 3075
eligible for the educational choice scholarships under section 3076
3310.03 of the Revised Code; 3077

       (5) Provisions defining "challenged school districts" in 3078
which new start-up community schools may be located, as prescribed 3079
in section 3314.02 of the Revised Code; 3080

       (6) Provisions prescribing community school closure 3081
requirements under section 3314.35 or 3314.351 of the Revised 3082
Code.3083

       Sec. 3302.10.  (A) Beginning July 1, 2007, theThe3084
superintendent of public instruction shall establish an academic 3085
distress commission for each school district that meets any 3086
combination of the following conditions for three or more 3087
consecutive years:3088

        (1) The district has been declared to be in a state of 3089
academic emergency under section 3302.03 of the Revised Code, as 3090
that section existed prior to the effective date of this amendment3091
March 22, 2013, and has failed to make adequate yearly progress;3092

        (2) The district has received a grade of "F" for the 3093
performance index score and a grade of "D" or "F" for the 3094
value-added progress dimension under division (A) or (B) of 3095
section 3302.03 of the Revised Code;3096

        (3) The district has received an overall grade of "F" under 3097
division (C)(2) orof section 3302.03 of the Revised Codea grade 3098
of "F" for the value-added progress dimension under division 3099
(C)(1)(e) of section 3302.03 of the Revised Code;3100

       (4) At least fifty per cent of the schools operated by the 3101
district have received an overall grade of "D" or "F" under 3102
division (C)(3) of section 3302.03 of the Revised Code. 3103

       Each commission shall assist the district for which it was 3104
established in improving the district's academic performance.3105

       Each commission is a body both corporate and politic, 3106
constituting an agency and instrumentality of the state and 3107
performing essential governmental functions of the state. A 3108
commission shall be known as the "academic distress commission for 3109
............... (name of school district)," and, in that name, may 3110
exercise all authority vested in such a commission by this 3111
section. A separate commission shall be established for each 3112
school district to which this division applies.3113

       (B) Each academic distress commission shall consist of five 3114
voting members, three of whom shall be appointed by the 3115
superintendent of public instruction and two of whom shall be 3116
residents of the applicable school district appointed by the 3117
president of the district board of education. When a school 3118
district becomes subject to this section, the superintendent of 3119
public instruction shall provide written notification of that fact 3120
to the district board of education and shall request the president 3121
of the district board to submit to the superintendent of public 3122
instruction, in writing, the names of the president's appointees 3123
to the commission. The superintendent of public instruction and 3124
the president of the district board shall make appointments to the 3125
commission within thirty days after the district is notified that 3126
it is subject to this section.3127

        Members of the commission shall serve at the pleasure of 3128
their appointing authority during the life of the commission. In 3129
the event of the death, resignation, incapacity, removal, or 3130
ineligibility to serve of a member, the appointing authority shall 3131
appoint a successor within fifteen days after the vacancy occurs. 3132
Members shall serve without compensation, but shall be paid by the 3133
commission their necessary and actual expenses incurred while 3134
engaged in the business of the commission.3135

       (C) Immediately after appointment of the initial members of 3136
an academic distress commission, the superintendent of public 3137
instruction shall call the first meeting of the commission and 3138
shall cause written notice of the time, date, and place of that 3139
meeting to be given to each member of the commission at least 3140
forty-eight hours in advance of the meeting. The first meeting 3141
shall include an overview of the commission's roles and 3142
responsibilities, the requirements of section 2921.42 and Chapter 3143
102. of the Revised Code as they pertain to commission members, 3144
the requirements of section 121.22 of the Revised Code, and the 3145
provisions of division (F) of this section. At its first meeting, 3146
the commission shall adopt temporary bylaws in accordance with 3147
division (D) of this section to govern its operations until the 3148
adoption of permanent bylaws.3149

        The superintendent of public instruction shall designate a 3150
chairperson for the commission from among the members appointed by 3151
the superintendent. The chairperson shall call and conduct 3152
meetings, set meeting agendas, and serve as a liaison between the 3153
commission and the district board of education. The chairperson 3154
also shall appoint a secretary, who shall not be a member of the 3155
commission.3156

        The department of education shall provide administrative 3157
support for the commission, provide data requested by the 3158
commission, and inform the commission of available state resources 3159
that could assist the commission in its work.3160

        (D) Each academic distress commission may adopt and alter 3161
bylaws and rules, which shall not be subject to section 111.15 or 3162
Chapter 119. of the Revised Code, for the conduct of its affairs 3163
and for the manner, subject to this section, in which its powers 3164
and functions shall be exercised and embodied.3165

        (E) Three members of an academic distress commission 3166
constitute a quorum of the commission. The affirmative vote of 3167
three members of the commission is necessary for any action taken 3168
by vote of the commission. No vacancy in the membership of the 3169
commission shall impair the rights of a quorum by such vote to 3170
exercise all the rights and perform all the duties of the 3171
commission. Members of the commission are not disqualified from 3172
voting by reason of the functions of any other office they hold 3173
and are not disqualified from exercising the functions of the 3174
other office with respect to the school district, its officers, or 3175
the commission.3176

        (F) The members of an academic distress commission, the 3177
superintendent of public instruction, and any person authorized to 3178
act on behalf of or assist them shall not be personally liable or 3179
subject to any suit, judgment, or claim for damages resulting from 3180
the exercise of or failure to exercise the powers, duties, and 3181
functions granted to them in regard to their functioning under 3182
this section, but the commission, superintendent of public 3183
instruction, and such other persons shall be subject to mandamus 3184
proceedings to compel performance of their duties under this 3185
section.3186

        (G) Each member of an academic distress commission shall file 3187
the statement described in section 102.02 of the Revised Code with 3188
the Ohio ethics commission. The statement shall be confidential, 3189
subject to review, as described in division (B) of that section.3190

        (H) Meetings of each academic distress commission shall be 3191
subject to section 121.22 of the Revised Code.3192

        (I)(1) Within one hundred twenty days after the first meeting 3193
of an academic distress commission, the commission shall adopt an 3194
academic recovery plan to improve academic performance in the 3195
school district. The plan shall address academic problems at both 3196
the district and school levels. The plan shall include the 3197
following:3198

        (a) Short-term and long-term actions to be taken to improve 3199
the district's academic performance, including any actions 3200
required by section 3302.04 or 3302.041 of the Revised Code;3201

        (b) The sequence and timing of the actions described in 3202
division (I)(1)(a) of this section and the persons responsible for 3203
implementing the actions;3204

        (c) Resources that will be applied toward improvement 3205
efforts;3206

        (d) Procedures for monitoring and evaluating improvement 3207
efforts;3208

        (e) Requirements for reporting to the commission and the 3209
district board of education on the status of improvement efforts.3210

        (2) The commission may amend the academic recovery plan 3211
subsequent to adoption. The commission shall update the plan at 3212
least annually.3213

        (3) The commission shall submit the academic recovery plan it 3214
adopts or updates to the superintendent of public instruction for 3215
approval immediately following its adoption or updating. The 3216
superintendent shall evaluate the plan and either approve or 3217
disapprove it within thirty days after its submission. If the plan 3218
is disapproved, the superintendent shall recommend modifications 3219
that will render it acceptable. No academic distress commission 3220
shall implement an academic recovery plan unless the 3221
superintendent has approved it.3222

        (4) County, state, and school district officers and employees 3223
shall assist the commission diligently and promptly in the 3224
implementation of the academic recovery plan.3225

        (J) Each academic distress commission shall seek input from 3226
the district board of education regarding ways to improve the 3227
district's academic performance, but any decision of the 3228
commission related to any authority granted to the commission 3229
under this section shall be final.3230

       The commission may do any of the following:3231

       (1) Appoint school building administrators and reassign 3232
administrative personnel;3233

       (2) Terminate the contracts of administrators or 3234
administrative personnel. The commission shall not be required to 3235
comply with section 3319.16 of the Revised Code with respect to 3236
any contract terminated under this division.3237

       (3) Contract with a private entity to perform school or 3238
district management functions;3239

       (4) Establish a budget for the district and approve district 3240
appropriations and expenditures, unless a financial planning and 3241
supervision commission has been established for the district 3242
pursuant to section 3316.05 of the Revised Code.3243

       (K) If the board of education of a district for which an 3244
academic distress commission has been established under this 3245
section renews any collective bargaining agreement under Chapter 3246
4117. of the Revised Code during the existence of the commission, 3247
the district board shall not enter into any agreement that would 3248
render any decision of the commission unenforceable. Section 3249
3302.08 of the Revised Code does not apply to this division.3250

       Notwithstanding any provision to the contrary in Chapter 3251
4117. of the Revised Code, if the board of education has entered 3252
into a collective bargaining agreement after September 29, 2005, 3253
that contains stipulations relinquishing one or more of the rights 3254
or responsibilities listed in division (C) of section 4117.08 of 3255
the Revised Code, those stipulations are not enforceable and the 3256
district board shall resume holding those rights or 3257
responsibilities as if it had not relinquished them in that 3258
agreement until such time as both the academic distress commission 3259
ceases to exist and the district board agrees to relinquish those 3260
rights or responsibilities in a new collective bargaining 3261
agreement. The provisions of this paragraph apply to a collective 3262
bargaining agreement entered into after September 29, 2005, and 3263
those provisions are deemed to be part of that agreement 3264
regardless of whether the district satisfied the conditions 3265
prescribed in division (A) of this section at the time the 3266
district entered into that agreement.3267

       (L) An academic distress commission shall cease to exist when 3268
the district for which it was established receives a performance 3269
rating of in need of continuous improvement or better, under 3270
section 3302.03 of the Revised Code as that section existed prior 3271
to the effective date of this amendmentMarch 22, 2013, or a grade 3272
of "C" or better for both the performance index score under 3273
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added 3274
progress dimension under division (A)(1)(e), (B)(1)(e), or 3275
(C)(1)(e) of section 3302.03 of the Revised Code for two of the 3276
three prior school years; however, the superintendent of public 3277
instruction may dissolve the commission earlier if the 3278
superintendent determines that the district can perform adequately 3279
without the supervision of the commission. Upon termination of the 3280
commission, the department of education shall compile a final 3281
report of the commission's activities to assist other academic 3282
distress commissions in the conduct of their functions.3283

       Sec. 3302.15.  (A) Notwithstanding anything to the contrary 3284
in Chapter 3301. or 3302. of the Revised Code, the board of 3285
education of a school district may submit to the superintendent of 3286
public instruction a request for a waiver for up to five school 3287
years from administering the state achievement assessments 3288
required under sections 3301.0710 and 3301.0712 of the Revised 3289
Code and related requirements specified under division (C)(2) of 3290
this section. A district that obtains a waiver under this section 3291
shall use the alternative assessment system, as proposed by the 3292
district or school and as approved by the state superintendent, in 3293
place of the assessments required under sections 3301.0710 and 3294
3301.0712 of the Revised Code.3295

       (B) To be eligible to submit a request for a waiver under 3296
this section, a school district shall be a member of the Ohio 3297
innovation lab network.3298

       (C)(1) A request for a waiver under this section shall 3299
contain the following:3300

       (a) A timeline to develop and implement an alternative 3301
assessment system for the school district;3302

       (b) An overview of the proposed educational programs or 3303
strategies to be offered by the school district;3304

       (c) An overview of the proposed alternative assessment 3305
system, including links to state-accepted and nationally accepted 3306
metrics, assessments, and evaluations;3307

       (d) An overview of planning details that have been 3308
implemented or proposed and any documented support from 3309
educational networks, established educational consultants, state 3310
institutions of higher education as defined under section 3345.011 3311
of the Revised Code, and employers or workforce development 3312
partners;3313

       (e) An overview of the capacity to implement the alternative 3314
assessments, conduct the evaluation of teachers with alternative 3315
assessments, and the reporting of student achievement data with 3316
alternative assessments for the purpose the report card ratings 3317
prescribed under section 3302.03 of the Revised Code, all of which 3318
shall include any prior success in implementing innovative 3319
educational programs or strategies, teaching practices, or 3320
assessment practices;3321

       (f) An acknowledgement by the school district of federal 3322
funding that may be impacted by obtaining a waiver.3323

       (2) The request for a waiver shall indicate the extent to 3324
which exemptions from state or federal requirements regarding the 3325
administration of the assessments required under sections 3326
3301.0710 and 3301.0712 of the Revised Code are sought. Such items 3327
from which a school district or school may be exempt are as 3328
follows:3329

       (a) The required administration of state assessments under 3330
sections 3301.0710 and 3301.0712 of the Revised Code;3331

       (b) The evaluation of teachers and administrators under 3332
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111 3333
of the Revised Code;3334

       (c) The reporting of student achievement data for the purpose 3335
of the report card ratings prescribed under section 3302.03 of the 3336
Revised Code.3337

       (D) Each request for a waiver shall include the signature of 3338
all of the following:3339

       (1) The superintendent of the school district;3340

       (2) The president of the district board;3341

       (3) The presiding officer of the labor organization 3342
representing the district's or school's teachers, if any;3343

       (4) If the district's teachers are not represented by a labor 3344
organization, the principal and a majority of the administrators 3345
and teachers of the district.3346

       (E) Not later than thirty days after receiving a request for 3347
a waiver, the state superintendent shall approve or deny the 3348
waiver or may request additional information from the district. 3349
The state superintendent shall not grant waivers to more than ten 3350
school districts. A waiver granted to a school district shall be 3351
contingent on an ongoing review and evaluation by the state 3352
superintendent of the program for which the waiver was granted.3353

       (F)(1) For the purpose of this section, the department of 3354
education shall seek a waiver from the testing requirements 3355
prescribed under the "No Child Left Behind Act of 2001," if 3356
necessary to implement this section.3357

       (2) The department shall create a mechanism for the 3358
comparison of the alternative assessments prescribed under 3359
division (C) of this section and the assessments required under 3360
sections 3301.0710 and 3301.0712 of the Revised Code as it relates 3361
to the evaluation of teachers and student achievement data for the 3362
purpose of state report card ratings.3363

       Sec. 3310.03.  A student is an "eligible student" for 3364
purposes of the educational choice scholarship pilot program if 3365
the student's resident district is not a school district in which 3366
the pilot project scholarship program is operating under sections 3367
3313.974 to 3313.979 of the Revised Code and the student satisfies 3368
one of the conditions in division (A), (B), (C), or (D) of this 3369
section:3370

       (A)(1) The student is enrolled in a school building operated 3371
by the student's resident district that, on the report card issued 3372
under section 3302.03 of the Revised Code published prior to the 3373
first day of July of the school year for which a scholarship is 3374
sought, did not receive a rating as described in division (H) of 3375
this section, and to which any or a combination of any of the 3376
following apply for two of the three most recent report cards 3377
published prior to the first day of July of the school year for 3378
which a scholarship is sought:3379

       (a) The building was declared to be in a state of academic 3380
emergency or academic watch under section 3302.03 of the Revised 3381
Code as that section existed prior to March 22, 2013.3382

       (b) The building received a grade of "D" or "F" for the 3383
performance index score under division (A)(1)(b) or (B)(1)(b) of 3384
section 3302.03 of the Revised Code and for the value-added 3385
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3386
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 3387
school year, or both; or if the building serves only grades ten 3388
through twelve, the building received a grade of "D" or "F" for 3389
the performance index score under division (A)(1)(b) or (B)(1)(b) 3390
of section 3302.03 of the Revised Code and had a four-year 3391
adjusted cohort graduation rate of less than seventy-five per 3392
cent.3393

        (c) The building received an overall grade of "D" or "F" 3394
under division (C)(3) of section 3302.03 of the Revised Code or a 3395
grade of "F" for the value-added progress dimension under division 3396
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3397
school year or any school year thereafter.3398

       (2) The student will be enrolling in any of grades 3399
kindergarten through twelve in this state for the first time in 3400
the school year for which a scholarship is sought, will be at 3401
least five years of age by the first day of January of the school 3402
year for which a scholarship is sought, and otherwise would be 3403
assigned under section 3319.01 of the Revised Code in the school 3404
year for which a scholarship is sought, to a school building 3405
described in division (A)(1) of this section.3406

       (3) The student is enrolled in a community school established 3407
under Chapter 3314. of the Revised Code but otherwise would be 3408
assigned under section 3319.01 of the Revised Code to a building 3409
described in division (A)(1) of this section.3410

       (4) The student is enrolled in a school building operated by 3411
the student's resident district or in a community school 3412
established under Chapter 3314. of the Revised Code and otherwise 3413
would be assigned under section 3319.01 of the Revised Code to a 3414
school building described in division (A)(1) of this section in 3415
the school year for which the scholarship is sought.3416

       (5) The student will be both enrolling in any of grades 3417
kindergarten through twelve in this state for the first time and 3418
at least five years of age by the first day of January of the 3419
school year for which a scholarship is sought, or is enrolled in a 3420
community school established under Chapter 3314. of the Revised 3421
Code, and all of the following apply to the student's resident 3422
district:3423

        (a) The district has in force an intradistrict open 3424
enrollment policy under which no student in the student's grade 3425
level is automatically assigned to a particular school building;3426

       (b) In the most recent rating published prior to the first 3427
day of July of the school year for which scholarship is sought, 3428
the district did not receive a rating described in division (H) of 3429
this section, and in at least two of the three most recent report 3430
cards published prior to the first day of July of that school 3431
year, any or a combination of the following apply to the district:3432

        (i) The district was declared to be in a state of academic 3433
emergency under section 3302.03 of the Revised Code as it existed 3434
prior to March 22, 2013.3435

        (ii) The district received a grade of "D" or "F" for the 3436
performance index score under division (A)(1)(b) or (B)(1)(b) of 3437
section 3302.03 of the Revised Code and for the value-added 3438
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3439
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 3440
school year, or both.3441

        (c) The district received an overall grade of "D" or "F" 3442
under division (C)(3) of section 3302.03 of the Revised Code or a 3443
grade of "F" for the value-added progress dimension under division 3444
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3445
school year or any school year thereafter.3446

       (6) Beginning in the 2016-2017 school year, the student is 3447
enrolled in or will be enrolling in a building in the school year 3448
for which the scholarship is sought that serves any of grades nine 3449
through twelve and that received a grade of "D" or "F" for the 3450
four-year adjusted cohort graduation rate under division 3451
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the 3452
Revised Code in two of the three most recent report cards 3453
published prior to the first day of July of the school year for 3454
which a scholarship is sought.3455

       (B)(1) The student is enrolled in a school building operated 3456
by the student's resident district and to which both of the 3457
following apply:3458

       (a) The building was ranked, for at least two of the three 3459
most recent rankings published under section 3302.21 of the 3460
Revised Code prior to the first day of July of the school year for 3461
which a scholarship is sought, in the lowest ten per cent of all 3462
public school buildings according to performance index score under 3463
section 3302.21 of the Revised Code.3464

       (b) The building was not declared to be excellent or 3465
effective, or the equivalent of such ratings as determined by the 3466
department of education, under section 3302.03 of the Revised Code 3467
in the most recent rating published prior to the first day of July 3468
of the school year for which a scholarship is sought.3469

       (2) The student will be enrolling in any of grades 3470
kindergarten through twelve in this state for the first time in 3471
the school year for which a scholarship is sought, will be at 3472
least five years of age, as defined in section 3321.01 of the 3473
Revised Code, by the first day of January of the school year for 3474
which a scholarship is sought, and otherwise would be assigned 3475
under section 3319.01 of the Revised Code in the school year for 3476
which a scholarship is sought, to a school building described in 3477
division (B)(1) of this section.3478

       (3) The student is enrolled in a community school established 3479
under Chapter 3314. of the Revised Code but otherwise would be 3480
assigned under section 3319.01 of the Revised Code to a building 3481
described in division (B)(1) of this section.3482

       (4) The student is enrolled in a school building operated by 3483
the student's resident district or in a community school 3484
established under Chapter 3314. of the Revised Code and otherwise 3485
would be assigned under section 3319.01 of the Revised Code to a 3486
school building described in division (B)(1) of this section in 3487
the school year for which the scholarship is sought.3488

       (C) The student is enrolled in a nonpublic school at the time 3489
the school is granted a charter by the state board of education 3490
under section 3301.16 of the Revised Code and the student meets 3491
the standards of division (B) of section 3310.031 of the Revised 3492
Code.3493

        (D) For the 2016-2017 school year and each school year 3494
thereafter, the student is in any of grades kindergarten through 3495
three, is enrolled in a school building that is operated by the 3496
student's resident district or will be enrolling in any of grades 3497
kindergarten through twelve in this state for the first time in 3498
the school year for which a scholarship is sought, and to which 3499
both of the following apply:3500

        (1) The building, in at least two of the three most recent 3501
ratings of school buildings published prior to the first day of 3502
July of the school year for which a scholarship is sought, 3503
received a grade of "D" or "F" for making progress in improving 3504
literacy in grades kindergarten through three under division 3505
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;3506

        (2) The building did not receive a grade of "A" for making 3507
progress in improving literacy in grades kindergarten through 3508
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of 3509
the Revised Code in the most recent rating published prior to the 3510
first day of July of the school year for which a scholarship is 3511
sought.3512

        (E) A student who receives a scholarship under the 3513
educational choice scholarship pilot program remains an eligible 3514
student and may continue to receive scholarships in subsequent 3515
school years until the student completes grade twelve, so long as 3516
all of the following apply:3517

       (1) The student's resident district remains the same, or the 3518
student transfers to a new resident district and otherwise would 3519
be assigned in the new resident district to a school building 3520
described in division (A)(1), (B)(1), or (D) of this section; 3521

       (2) The student takes each assessment prescribed for the 3522
student's grade level under section 3301.0710 or 3301.0712 of the 3523
Revised Code while enrolled in a chartered nonpublic school;3524

       (3) In each school year that the student is enrolled in a 3525
chartered nonpublic school, the student is absent from school for 3526
not more than twenty days that the school is open for instruction, 3527
not including excused absences.3528

       (F)(1) The department shall cease awarding first-time 3529
scholarships pursuant to divisions (A)(1) to (4) of this section 3530
with respect to a school building that, in the most recent ratings 3531
of school buildings published under section 3302.03 of the Revised 3532
Code prior to the first day of July of the school year, ceases to 3533
meet the criteria in division (A)(1) of this section. The 3534
department shall cease awarding first-time scholarships pursuant 3535
to division (A)(5) of this section with respect to a school 3536
district that, in the most recent ratings of school districts 3537
published under section 3302.03 of the Revised Code prior to the 3538
first day of July of the school year, ceases to meet the criteria 3539
in division (A)(5) of this section. 3540

       (2) The department shall cease awarding first-time 3541
scholarships pursuant to divisions (B)(1) to (4) of this section 3542
with respect to a school building that, in the most recent ratings 3543
of school buildings under section 3302.03 of the Revised Code 3544
prior to the first day of July of the school year, ceases to meet 3545
the criteria in division (B)(1) of this section. 3546

       (3) The department shall cease awarding first-time 3547
scholarships pursuant to division (D) of this section with respect 3548
to a school building that, in the most recent ratings of school 3549
buildings under section 3302.03 of the Revised Code prior to the 3550
first day of July of the school year, ceases to meet the criteria 3551
in division (D) of this section.3552

        (4) However, students who have received scholarships in the 3553
prior school year remain eligible students pursuant to division 3554
(E) of this section.3555

       (G) The state board of education shall adopt rules defining 3556
excused absences for purposes of division (E)(3) of this section.3557

       (H)(1) A student who satisfies only the conditions prescribed 3558
in divisions (A)(1) to (4) of this section shall not be eligible 3559
for a scholarship if the student's resident building meets any of 3560
the following in the most recent rating under section 3302.03 of 3561
the Revised Code published prior to the first day of July of the 3562
school year for which a scholarship is sought:3563

        (a) The building has an overall designation of excellent or 3564
effective under section 3302.03 of the Revised Code as it existed 3565
prior to March 22, 2013.3566

        (b) For the 2012-2013 or 2013-2014 school year or both, the 3567
building has a grade of "A" or "B" for the performance index score 3568
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the 3569
Revised Code and for the value-added progress dimension under 3570
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised 3571
Code; or if the building serves only grades ten through twelve, 3572
the building received a grade of "A" or "B" for the performance 3573
index score under division (A)(1)(b) or (B)(1)(b) of section 3574
3302.03 of the Revised Code and had a four-year adjusted cohort 3575
graduation rate of greater than or equal to seventy-five per cent.3576

        (c) For the 2014-2015 school year or any school year 3577
thereafter, the building has a grade of "A" or "B" under division 3578
(C)(3) of section 3302.03 of the Revised Code and a grade of "A" 3579
for the value-added progress dimension under division (C)(1)(e) of 3580
section 3302.03 of the Revised Code; or if the building serves 3581
only grades ten through twelve, the building received a grade of 3582
"A" or "B" for the performance index score under division 3583
(C)(1)(b) of section 3302.03 of the Revised Code and had a 3584
four-year adjusted cohort graduation rate of greater than or equal 3585
to seventy-five per cent.3586

        (2) A student who satisfies only the conditions prescribed in 3587
division (A)(5) of this section shall not be eligible for a 3588
scholarship if the student's resident district meets any of the 3589
following in the most recent rating under section 3302.03 of the 3590
Revised Code published prior to the first day of July of the 3591
school year for which a scholarship is sought:3592

        (a) The district has an overall designation of excellent or 3593
effective under section 3302.03 of the Revised Code as it existed 3594
prior to March 22, 2013.3595

        (b) The district has a grade of "A" or "B" for the 3596
performance index score under division (A)(1)(b) or (B)(1)(b) of 3597
section 3302.03 of the Revised Code and for the value-added 3598
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3599
section 3302.03 of the Revised Code for the 2012-2013 and 3600
2013-2014 school years.3601

        (c) The district has an overall grade of "A" or "B" under 3602
division (C)(3) of section 3302.03 of the Revised Code and a grade 3603
of "A" for the value-added progress dimension under division 3604
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3605
school year or any school year thereafter.3606

       Sec. 3310.031. (A) The state board of education shall adopt 3607
rules under section 3310.17 of the Revised Code establishing 3608
procedures for granting educational choice scholarships to 3609
eligible students attending a nonpublic school at the time the 3610
state board grants the school a charter under section 3301.16 of 3611
the Revised Code. The procedures shall include at least the 3612
following:3613

       (1) Provisions for extending the application period for 3614
scholarships for the following school year, if necessary due to 3615
the timing of the award of the nonpublic school's charter, in 3616
order for students enrolled in the school at the time the charter 3617
is granted to apply for scholarships for the following school 3618
year;3619

        (2) Provisions for notifying the resident districts of the 3620
nonpublic school's students that the nonpublic school has been 3621
granted a charter and that educational choice scholarships may be 3622
awarded to the school's students for the following school year.3623

        (B) A student who is enrolled in a nonpublic school at the 3624
time the school's charter is granted is an eligible student if any 3625
of the following applies:3626

        (1) At the end of the last school year before the student 3627
enrolled in the nonpublic school, the student was enrolled in a 3628
school building operated by the student's resident district or in 3629
a community school established under Chapter 3314. of the Revised 3630
Code and, for the current or following school year, the student 3631
otherwise would be assigned under section 3319.01 of the Revised 3632
Code to a school building described in division (A)(1) or (B)(1) 3633
of section 3310.03 of the Revised Code.3634

        (2) At the end of the last school year before the student 3635
enrolled in the nonpublic school, the student was enrolled in a 3636
school building operated by the student's resident district and, 3637
for the current or following school year, the student otherwise 3638
would be assigned under section 3319.01 of the Revised Code to a 3639
school building described in division (A)(6) of section 3310.03 of 3640
the Revised Code.3641

       (3) The student was not enrolled in any public or other 3642
nonpublic school before the student enrolled in the nonpublic 3643
school and, for the current or following school year, otherwise 3644
would be assigned under section 3319.01 of the Revised Code to a 3645
school building described in division (A)(1) or (6) or (B)(1) of 3646
section 3310.03 of the Revised Code.3647

       (3)(4) At the end of the last school year before the student 3648
enrolled in the nonpublic school, the student was enrolled in a 3649
school building operated by the student's resident district and, 3650
during that school year, the building met the conditions described 3651
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the 3652
Revised Code.3653

        (4)(5) At the end of the last school year before the student 3654
enrolled in the nonpublic school, the student was enrolled in a 3655
community school established under Chapter 3314. of the Revised 3656
Code but otherwise would have been assigned under section 3319.01 3657
of the Revised Code to a school building that, during that school 3658
year, met the conditions described in division (A)(1) or (B)(1) of 3659
section 3310.03 of the Revised Code.3660

       Sec. 3310.13. (A) No chartered nonpublic school shall charge 3661
any student whose family income is at or below two hundred per 3662
cent of the federal poverty guidelines, as defined in section 3663
5101.46 of the Revised Code, a tuition fee that is greater than 3664
the total amount paid for that student under section 3310.08 of 3665
the Revised Code.3666

       (B) A chartered nonpublic school may charge any other student 3667
who is paid a scholarship under that section up to the difference 3668
between the amount of the scholarship and the regular tuition 3669
charge of the school. Each chartered nonpublic school shallmay3670
permit such an eligible student's family, at the family's option,3671
to provide volunteer services in lieu of cash payment to pay all 3672
or part of the amount of the school's tuition not covered by the 3673
scholarship paid under section 3310.08 of the Revised Code.3674

       (C) Each chartered nonpublic school that charges a 3675
scholarship student an additional amount as authorized under 3676
division (B) of this section shall annually report to the 3677
department of education in the manner prescribed by the department 3678
the following:3679

       (1) The number of students charged;3680

       (2) The average of the amounts charged to such students.3681

       Sec. 3310.14. Each(A) Except as provided in division (B) of 3682
this section, each chartered nonpublic school that is not subject 3683
to division (K)(1)(a) of section 3301.0711 of the Revised Code and 3684
enrolls students awarded scholarships under sections 3310.01 to 3685
3310.17 of the Revised Code annually shall administer the 3686
assessments prescribed by section 3301.0710 or 3301.0712 of the 3687
Revised Code to each scholarship student enrolled in the school in 3688
accordance with section 3301.0711 of the Revised Code. Each 3689
chartered nonpublic school that is subject to this section shall 3690
report to the department of education the results of each 3691
assessment administered to each scholarship student under this 3692
section.3693

       Nothing in this section requires a chartered nonpublic school 3694
to administer any achievement assessment, except for an Ohio 3695
graduation test prescribed by division (B)(1) of section 3301.0710 3696
or the college and work ready assessment system prescribed by 3697
division (B) of section 3301.0712 of the Revised Code, as required 3698
by section 3313.612 of the Revised Code, to any student enrolled 3699
in the school who is not a scholarship student.3700

       (B) A chartered nonpublic school that meets the conditions 3701
specified in division (K)(1)(c) of section 3301.0711 of the 3702
Revised Code shall not be required to administer the elementary 3703
assessments prescribed by division (A) of section 3301.0710 of the 3704
Revised Code.3705

       Sec. 3310.522.  In order to maintain eligibility for a 3706
scholarship under the program, a student shall take each 3707
assessment prescribed by sections 3301.0710 and 3301.0712 of the 3708
Revised Code, unless the student is excused from taking that 3709
assessment under federal law or the student's individualized 3710
education program or the student is enrolled in a chartered 3711
nonpublic school that meets the conditions specified in division 3712
(K)(1)(c) of section 3301.0711 of the Revised Code. 3713

        Each registered private provider that is not subject to 3714
division (K)(1)(a) of section 3301.0711 of the Revised Code and 3715
enrolls a student who is awarded a scholarship under this section 3716
shall administer each assessment prescribed by sections 3301.0710 3717
and 3301.0712 of the Revised Code to that student, unless the 3718
student is excused from taking that assessment or the student is 3719
enrolled in a chartered nonpublic school that meets the conditions 3720
specified in division (K)(1)(c) of section 3301.0711 of the 3721
Revised Code, and shall report to the department the results of 3722
each assessment so administered. 3723

       Nothing in this section requires any chartered nonpublic 3724
school that is a registered private provider to administer any 3725
achievement assessment, except for an Ohio graduation test 3726
prescribed by division (B)(1) of section 3301.0710 or the college 3727
and work ready assessment system prescribed by division (B) of 3728
section 3301.0712 of the Revised Code, as required by section 3729
3313.612 of the Revised Code, to any student enrolled in the 3730
school who is not a scholarship student.3731

       Sec. 3311.24.  (A)(1) Except as provided in division (B) of 3732
this section, the board of education of a city, exempted village, 3733
or local school district shall file with the state board of 3734
education a proposal to transfer territory from such district to 3735
an adjoining city, exempted village, or local school district in 3736
any of the following circumstances:3737

       (a) The district board deems the transfer advisable and, if 3738
the portion of the district proposed to be transferred is five 3739
acres or more, the board has obtained written consent to the 3740
transfer from seventy-five per cent of the owners of parcels of 3741
real property on the tax duplicate within that portion of the 3742
district;3743

       (b) A petition, signed by seventy-five per cent of the 3744
qualified electors residing within that portion of a city, 3745
exempted village, or local school district proposed to be 3746
transferred voting at the last general election, requests such a 3747
transfer;3748

       (c) If no qualified electors reside in that portion of the 3749
district proposed to be transferred, a petition, signed by 3750
seventy-five per cent of the owners of parcels of real property on 3751
the tax duplicate within that portion of the district, requests 3752
such a transfer.3753

       (2) The board of education of the district in which such 3754
proposal originates shall file such proposal, together with a map 3755
showing the boundaries of the territory proposed to be 3756
transferred, with the state board of education prior to the first 3757
day of April in any even-numbered year. The state board of 3758
education may, if it is advisable, provide for a hearing in any 3759
suitable place in any of the school districts affected by such 3760
proposed transfer of territory. The state board of education or 3761
its representatives shall preside at any such hearing.3762

       (3) A board of education of a city, exempted village, or 3763
local school district that receives a petition of transfer signed 3764
by electors of the district under division (A)(1)(b) of this 3765
section shall cause the board of elections to check the 3766
sufficiency of signatures on the petition. A board of education of 3767
a city, exempted village, or local school district that receives 3768
written consent or a petition of transfer signed by owners of 3769
parcels of real property under division (A)(1)(a) or (c) of this 3770
section shall cause the county auditor to check the sufficiency of 3771
signatures on the consent or petition.3772

       (4) Not later than the first day of September the state board 3773
of education shall either approve or disapprove a proposed 3774
transfer of territory filed with it as provided by this section 3775
and shall notify, in writing, the boards of education of the 3776
districts affected by such proposed transfer of territory of its 3777
decision.3778

       If the decision of the state board of education is an 3779
approval of the proposed transfer of territory then the board of 3780
education of the district in which the territory is located shall, 3781
within thirty days after receiving the state board of education's 3782
decision, adopt a resolution transferring the territory and shall 3783
forthwith submit a copy of such resolution to the treasurer of the 3784
board of education of the city, exempted village, or local school 3785
district to which the territory is transferred. Such transfer 3786
shall not be complete however, until:3787

       (a) A resolution accepting the transfer has been passed by a 3788
majority vote of the full membership of the board of education of 3789
the city, exempted village, or local school district to which the 3790
territory is transferred;3791

       (b) AnSubject to section 3311.241 of the Revised Code, if 3792
applicable, an equitable division of the funds and indebtedness 3793
between the districts involved has been made by the board of 3794
education making the transfer;3795

       (c) A map showing the boundaries of the territory transferred 3796
has been filed, by the board of education accepting the transfer, 3797
with the county auditor of each county affected by the transfer.3798

       When such transfer is complete the legal title of the school 3799
property in the territory transferred shall be vested in the board 3800
of education or governing board of the school district to which 3801
the territory is transferred.3802

       (B) Whenever the transfer of territory pursuant to this 3803
section is initiated by a board of education, the board shall, 3804
before filing a proposal for transfer with the state board of 3805
education under this section, make a good faith effort to 3806
negotiate the terms of transfer with any other school district 3807
whose territory would be affected by the transfer. Before the 3808
state board may hold a hearing on the transfer, or approve or 3809
disapprove any such transfer, it must receive the following:3810

       (1) A resolution requesting approval of the transfer passed 3811
by the school district submitting the proposal and, if applicable, 3812
evidence of the consent of affected property owners to the 3813
transfer;3814

       (2) Evidence determined to be sufficient by the state board 3815
to show that good faith negotiations have taken place or that the 3816
district requesting the transfer has made a good faith effort to 3817
hold such negotiations;3818

       (3) If any negotiations took place, a statement signed by all 3819
boards that participated in the negotiations, listing the terms 3820
agreed on and the points on which no agreement could be reached.3821

       Negotiations held pursuant to this section shall be governed 3822
by the rules adopted by the state board under division (D) of 3823
section 3311.06 of the Revised Code. Districts involved in a 3824
transfer under division (B) of this section may agree to share 3825
revenues from the property included in the territory to be 3826
transferred, establish cooperative programs between the 3827
participating districts, and establish mechanisms for the 3828
settlement of any future boundary disputes.3829

       Sec. 3311.241.  (A) In the case of a voluntary transfer of 3830
the territory of a school district in accordance with section 3831
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised 3832
Code, and where the transfer is initiated under either of those 3833
sections not later than December 31, 2015, and results in the 3834
complete consolidation and dissolution of the transferring 3835
district, the net indebtedness owed to the solvency assistance 3836
fund created under section 3316.20 of the Revised Code by the 3837
transferring district shall be canceled, provided that all of the 3838
following conditions are satisfied:3839

       (1) The amount owed by the transferring district to the 3840
solvency assistance fund is greater than or equal to thirty-three 3841
per cent of the transferring school district's operating budget 3842
for the current fiscal year, but does not exceed ten million 3843
dollars.3844

       (2) The transferring district has remained in a state of 3845
fiscal emergency pursuant to section 3316.03 of the Revised Code 3846
during the previous two fiscal years.3847

       (3) The acquiring district is in the same county or in a 3848
county contiguous to the county in which the transferring district 3849
is located.3850

       (4) The acquiring district has voluntarily accepted the 3851
transfer.3852

       (5) The acquiring district has submitted to the state board 3853
of education a five-year written projection of solvency which 3854
takes into account the fiscal effects of acquiring the 3855
transferring district. 3856

       (B) If the conditions in division (A) of this section are 3857
satisfied, the acquiring district shall acquire the transferring 3858
district's territory free and clear of any amount owed by the 3859
transferring district to the solvency assistance fund. However, 3860
the acquiring district shall assume the obligations of all other 3861
liens, encumbrances, and debts of the transferring district.3862

       (C) Upon the making of a transfer pursuant to this section, 3863
the board of education of the transferring district is thereby 3864
abolished, and the district is thereby dissolved.3865

       (D) The director of budget and management may transfer any 3866
available moneys from the general revenue fund, appropriated for 3867
operating payments to schools, into the solvency assistance fund 3868
to replace the amount owed by a transferring school district 3869
forgone under division (A) of this section.3870

       Sec. 3311.38.  The state board of education may conduct, or 3871
may direct the superintendent of public instruction to conduct, 3872
studies where there is evidence of need for transfer of local, 3873
exempted village, or city school districts, or parts of any such 3874
districts, to contiguous or noncontiguous local, exempted village, 3875
or city school districts. Such studies shall include a study of 3876
the effect of any proposal upon any portion of a school district 3877
remaining after such proposed transfer. The state board, in 3878
conducting such studies and in making recommendations as a result 3879
thereof, shall consider the possibility of improving school 3880
district organization as well as the desires of the residents of 3881
the school districts which would be affected.3882

       (A) After the adoption of recommendations growing out of any 3883
such study, or upon receipt of a resolution adopted by majority 3884
vote of the full membership of the board of any city, local, or 3885
exempted village school district requesting that the entire 3886
district be transferred to another city, local, or exempted 3887
village school district, the state board may propose by resolution 3888
the transfer of territory, which may consist of part or all of the 3889
territory of a local, exempted village, or city school district to 3890
a contiguous local, exempted village, or city school district.3891

       The state board shall thereupon file a copy of such proposal 3892
with the board of education of each school district whose 3893
boundaries would be altered by the proposal and with the governing 3894
board of any educational service center in which such school 3895
district is located.3896

       The state board may, not less than thirty days following the 3897
adoption of the resolution proposing the transfer of territory, 3898
certify the proposal to the board of elections of the county or 3899
counties in which any of the territory of the proposed district is 3900
located, for the purpose of having the proposal placed on the 3901
ballot at the next general election or at a primary election 3902
occurring not less than ninety days after the adoption of such 3903
resolution.3904

       If any proposal has been previously initiated pursuant to 3905
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 3906
affects any of the territory affected by the proposal of the state 3907
board, the proposal of the state board shall not be placed on the 3908
ballot while the previously initiated proposal is subject to an 3909
election.3910

       Upon certification of a proposal to the board of elections of 3911
any county pursuant to this section, the board of elections of 3912
such county shall make the necessary arrangements for the 3913
submission of such question to the electors of the county 3914
qualified to vote thereon, and the election shall be counted and 3915
canvassed and the results shall be certified in the same manner as 3916
in regular elections for the election of members of a board of 3917
education.3918

       The electors qualified to vote upon a proposal are the 3919
electors residing in the local, exempted village, or city school 3920
districts, containing territory proposed to be transferred.3921

       If the proposed transfer be approved by a majority of the 3922
electors voting on the proposal, the state board, subject to the 3923
approval of the board of education of the district to which the 3924
territory would be transferred, shall make such transfer prior to 3925
the next succeeding July 1.3926

       (B) If a study conducted in accordance with this section 3927
involves a school district with less than four thousand dollars of 3928
assessed value for each pupil in the total student count 3929
determined under section 3317.03 of the Revised Code, the state 3930
board of education, with the approval of the educational service 3931
center governing board, and upon recommendation by the state 3932
superintendent of public instruction, may by resolution transfer 3933
all or any part of such a school district to any city, exempted 3934
village, or local school district which has more than twenty-five 3935
thousand pupils in average daily membership. Such resolution of 3936
transfer shall be adopted only after the board of education of the 3937
receiving school district has adopted a resolution approving the 3938
proposed transfer. For the purposes of this division, the assessed 3939
value shall be as certified in accordance with section 3317.021 of 3940
the Revised Code.3941

       (C) UponSubject to section 3311.241 of the Revised Code, if 3942
applicable, upon the making of a transfer of an entire school 3943
district pursuant to this section, the indebtedness of the 3944
district transferred shall be assumed in full by the acquiring 3945
district and the funds of the district transferred shall be paid 3946
over in full to the acquiring district.3947

       (D) Upon the making of a transfer pursuant to this section, 3948
when only part of a district is transferred, the net indebtedness 3949
of each original district of which only a part is taken by the 3950
acquiring district shall be apportioned between the acquiring 3951
district and the original district in the ratio which the assessed 3952
valuation of the part taken by the acquiring district bears to the 3953
assessed valuation of the original district as of the effective 3954
date of the transfer. As used in this section "net indebtedness" 3955
means the difference between the par value of the outstanding and 3956
unpaid bonds and notes of the school district and the amount held 3957
in the sinking fund and other indebtedness retirement funds for 3958
their redemption.3959

       (E) Upon the making of a transfer pursuant to this section, 3960
when only part of a district is transferred, the funds of the 3961
district from which territory was transferred shall be divided 3962
equitably by the state board between the acquiring district and 3963
that part of the former district remaining after the transfer.3964

       (F) If an entire school district is transferred, the board of 3965
education of such district is thereby abolished. If part of a 3966
school district is transferred, any member of the board of 3967
education who is a legal resident of that part which is 3968
transferred shall thereby cease to be a member of that board.3969

       If an entire school district is transferred, foundation 3970
program moneys accruing to a district accepting school territory 3971
under the provisions of this section shall not be less, in any 3972
year during the next succeeding three years following the 3973
transfer, than the sum of the amounts received by the districts 3974
separately in the year in which the transfer became effective.3975

       Sec. 3311.86.  (A) As used in this section:3976

       (1) "Alliance" means a municipal school district 3977
transformation alliance established as a nonprofit corporation.3978

       (2) "Alliance municipal school district" means a municipal 3979
school district for which an alliance has been created under this 3980
section.3981

       (3) "Partnering community school" means a community school 3982
established under Chapter 3314. of the Revised Code that is 3983
located within the territory of a municipal school district and 3984
that either is sponsored by the district or is a party to an 3985
agreement with the district whereby the district and the community 3986
school endorse each other's programs.3987

       (4) "Transformation alliance education plan" means a plan 3988
prepared by the mayor, and confirmed by the alliance, to transform 3989
public education in the alliance municipal school district to a 3990
system of municipal school district schools and partnering 3991
community schools that will be held to the highest standards of 3992
school performance and student achievement.3993

       (B) If one or more partnering community schools are located 3994
in a municipal school district, the mayor may initiate proceedings 3995
to establish a municipal school district transformation alliance 3996
as a nonprofit corporation under Chapter 1702. of the Revised 3997
Code. The mayor shall have sole authority to appoint the directors 3998
of any alliance created under this section. The directors of the 3999
alliance shall include representatives of all of the following:4000

       (1) The municipal school district;4001

       (2) Partnering community schools;4002

       (3) Members of the community at large, including parents and 4003
educators;4004

       (4) The business community, including business leaders and 4005
foundation leaders.4006

        No one group listed in divisions (B)(1) to (4) of this 4007
section shall comprise a majority of the directors. The mayor 4008
shall be an ex officio director, and serve as the chairperson of 4009
the board of directors, of any alliance created under this 4010
section. If the proceedings are initiated, the mayor shall 4011
identify the directors in the articles of incorporation filed 4012
under section 1702.04 of the Revised Code.4013

       (C)(1) A majority of the members of the board of directors of 4014
the alliance shall constitute a quorum of the board. Any formal 4015
action taken by the board of directors shall take place at a 4016
meeting of the board and shall require the concurrence of a 4017
majority of the members of the board. Meetings of the board of 4018
directors shall be public meetings open to the public at all 4019
times, except that the board and its committees and subcommittees 4020
may hold an executive session, as if it were a public body with 4021
public employees, for any of the purposes for which an executive 4022
session of a public body is permitted under division (G) of 4023
section 121.22 of the Revised Code, notwithstanding that the 4024
alliance is not a public body as defined in that section, and its 4025
employees are not public employees as provided in division (F) of 4026
this section. The board of directors shall establish reasonable 4027
methods whereby any person may determine the time and place of all 4028
of the board's public meetings and by which any person, upon 4029
request, may obtain reasonable advance notification of the board's 4030
public meetings. Provisions for that advance notification may 4031
include, but are not limited to, mailing notices to all 4032
subscribers on a mailing list or mailing notices in 4033
self-addressed, stamped envelopes provided by the person.4034

       (2) All records of the alliance shall be organized and 4035
maintained by the alliance and also filed with the department of 4036
education. The alliance and the department shall make those 4037
records available to the public as though those records were 4038
public records for purposes of Chapter 149. of the Revised Code. 4039
The department shall promptly notify the alliance upon the 4040
department's receipt of any requests for records relating to the 4041
alliance pursuant to section 149.43 of the Revised Code.4042

       (3) The board of directors of the alliance shall establish a 4043
conflicts of interest policy and shall adopt that policy, and any 4044
amendments to the policy, at a meeting of the board held in 4045
accordance with this section.4046

       (D)(1) If an alliance is created under this section, the 4047
alliance shall do all of the following:4048

       (1)(a) Report annually on the performance of all municipal 4049
school district schools and all community schools established 4050
under Chapter 3314. of the Revised Code and located in the 4051
district, using the criteria adopted under division (B) of section 4052
3311.87 of the Revised Code;4053

       (2)(b) Confirm and monitor implementation of the 4054
transformation alliance education plan;4055

       (3)(c) Suggest national education models for and provide 4056
input in the development of new municipal school district schools 4057
and partnering community schools.4058

        (2) If an alliance is created under this section, the 4059
department of education may request alliance comment, or the 4060
alliance independently may offer comment to the department, on the 4061
granting, renewal, or extension of an agreement with a sponsor of 4062
community schools under section 3314.015 of the Revised Code when 4063
the sponsor has existing agreements with a community school 4064
located in an alliance municipal school district. If the alliance 4065
makes comments, those comments shall be considered by the 4066
department prior to making its decision whether to grant, renew, 4067
or extend the agreement.4068

        For purposes of division (D)(2) of this section, comments by 4069
the alliance shall be based on the criteria established under 4070
division (A) of section 3311.87 of the Revised Code. 4071

       (E) Divisions (E)(1) to (3) of this section apply to each 4072
community school sponsor that is subject to approval by the 4073
department of education under section 3314.015 of the Revised Code 4074
whose approval under that section is granted or, renewed, or 4075
extended on or after October 1, 2012. Divisions (E)(1) to (3) of 4076
this section do not apply to a sponsor that has been approved by 4077
the department prior to that date, until the sponsor's approval is 4078
renewed or, granted anew, or extended on or after that date.4079

        (1) Before a sponsor to which this section applies may 4080
sponsor new community schools in an alliance municipal school 4081
district, the sponsor shall request recommendation from the 4082
alliance to sponsor community schools in the district.4083

        (2) The alliance shall review the sponsor's application4084
request and shall make a recommendation to the department based on 4085
the standards for sponsors developed under division (A)(2) of 4086
section 3311.87 of the Revised Code. 4087

       (3) The department shall use the standards developed under 4088
division (A)(2) of section 3311.87 of the Revised Code, in 4089
addition to any other requirements of the Revised Code, to review 4090
a sponsor's request and make a final determination, on 4091
recommendation of the alliance, of whether the sponsor may sponsor 4092
new community schools in the alliance municipal school district.4093

        No sponsor shall be required to receive authorization to 4094
sponsor new community schools under division (E)(3) of this 4095
section more than one time. 4096

       (F) Directors, officers, and employees of an alliance are not 4097
public employees or public officials, are not subject to Chapters 4098
124., 145., and 4117. of the Revised Code, and are not "public 4099
officials" or "public servants" as defined in section 2921.01 of 4100
the Revised Code. Membership on the board of directors of an 4101
alliance does not constitute the holding of an incompatible public 4102
office or employment in violation of any statutory or common law 4103
prohibition against the simultaneous holding of more than one 4104
public office or employment. Members of the board of directors of 4105
an alliance are not disqualified from holding any public office by 4106
reason of that membership, and do not forfeit by reason of that 4107
membership the public office or employment held when appointed to 4108
the board, notwithstanding any contrary disqualification or 4109
forfeiture requirement under the Revised Code or the common law of 4110
this state.4111

       (G) The authority to establish an alliance under this section 4112
expires on January 1, 2018. Any alliance established under this 4113
section is terminated, and any related authority granted to the 4114
alliance under this section expires on that date.4115

       Sec. 3313.21.  (A) The board of education of each school 4116
district shall be the sole authority in determining and selecting 4117
all of the following to be used in the schools under its control:4118

       (1) Textbooks, pursuant to section 3329.08 of the Revised 4119
Code, and reading lists;4120

       (2) Instructional materials;4121

       (3) Academic curriculum.4122

       (B) The board of education of each school district may permit 4123
educators to create instructional materials, including textbooks, 4124
that are consistent with the curriculum adopted by the district 4125
board for use in the educators' classrooms.4126

       (C) Nothing in this section is intended to promote or 4127
encourage the utilization of any particular text or source 4128
material on a statewide basis.4129

       Sec. 3313.212. The board of education of each school district 4130
shall provide an opportunity for parents to review the selection 4131
of textbooks and reading lists, instructional materials, and the 4132
academic curriculum used by schools in the district. The board 4133
shall establish a parental advisory committee or another method 4134
for review, as determined appropriate by the board, to meet this 4135
requirement.4136

       Sec. 3313.372.  (A) As used in this section, "energy 4137
conservation measure" means an installation or modification of an 4138
installation in, or remodeling of, a building, to reduce energy 4139
consumption. It includes:4140

       (1) Insulation of the building structure and systems within 4141
the building;4142

       (2) Storm windows and doors, multiglazed windows and doors, 4143
heat absorbing or heat reflective glazed and coated window and 4144
door systems, additional glazing, reductions in glass area, and 4145
other window and door system modifications that reduce energy 4146
consumption;4147

       (3) Automatic energy control systems;4148

       (4) Heating, ventilating, or air conditioning system 4149
modifications or replacements;4150

       (5) Caulking and weatherstripping;4151

       (6) Replacement or modification of lighting fixtures to 4152
increase the energy efficiency of the system without increasing 4153
the overall illumination of a facility, unless such increase in 4154
illumination is necessary to conform to the applicable state or 4155
local building code for the proposed lighting system;4156

       (7) Energy recovery systems;4157

       (8) Cogeneration systems that produce steam or forms of 4158
energy such as heat, as well as electricity, for use primarily 4159
within a building or complex of buildings;4160

       (9) Any other modification, installation, or remodeling 4161
approved by the Ohio school facilities commission as an energy 4162
conservation measure.4163

       (B) A board of education of a city, exempted village, local, 4164
or joint vocational school district may enter into an installment 4165
payment contract for the purchase and installation of energy 4166
conservation measures. The provisions of such installment payment 4167
contracts dealing with interest charges and financing terms shall 4168
not be subject to the competitive bidding requirements of section 4169
3313.46 of the Revised Code, and shall be on the following terms:4170

       (1) Not less than one-fifteenth of the costs thereof shall be 4171
paid within two years from the date of purchase.4172

       (2) The remaining balance of the costs thereof shall be paid 4173
within fifteen years from the date of purchase.4174

       The provisions of any installment payment contract entered 4175
into pursuant to this section shall provide that all payments, 4176
except payments for repairs and obligations on termination of the 4177
contract prior to its expiration, be stated as a percentage of4178
shall not exceed the calculated energy, water, or waste water cost 4179
savings, avoided operating costs, and avoided capital costs 4180
attributable to the one or more measures over a defined period of 4181
time. Those payments shall be made only to the extent that the 4182
savings described in this division actually occur. The contractor 4183
shall warrant and guarantee that the energy conservation measures 4184
shall realize guaranteed savings and shall be responsible to pay 4185
an amount equal to any savings shortfall.4186

       An installment payment contract entered into by a board of 4187
education under this section shall require the board to contract 4188
in accordance with division (A) of section 3313.46 of the Revised 4189
Code for the installation, modification, or remodeling of energy 4190
conservation measures unless division (A) of section 3313.46 of 4191
the Revised Code does not apply pursuant to division (B)(3) of 4192
that section, in which case the contract shall be awarded through 4193
a competitive selection process pursuant to rules adopted by the 4194
school facilities commission.4195

       An installment payment contract entered into by a board of 4196
education under this section may include services for measurement 4197
and verification of energy savings associated with the guarantee. 4198
The annual cost of measurement and verification services shall not 4199
exceed ten per cent of the guaranteed savings in any year of the 4200
installment payment contract.4201

       (C) The board may issue the notes of the school district 4202
signed by the president and the treasurer of the board and 4203
specifying the terms of the purchase and securing the deferred 4204
payments provided in this section, payable at the times provided 4205
and bearing interest at a rate not exceeding the rate determined 4206
as provided in section 9.95 of the Revised Code. The notes may 4207
contain an option for prepayment and shall not be subject to 4208
Chapter 133. of the Revised Code. In the resolution authorizing 4209
the notes, the board may provide, without the vote of the electors 4210
of the district, for annually levying and collecting taxes in 4211
amounts sufficient to pay the interest on and retire the notes, 4212
except that the total net indebtedness of the district without a 4213
vote of the electors incurred under this and all other sections of 4214
the Revised Code, except section 3318.052 of the Revised Code, 4215
shall not exceed one per cent of the district's tax valuation. 4216
Revenues derived from local taxes or otherwise, for the purpose of 4217
conserving energy or for defraying the current operating expenses 4218
of the district, may be applied to the payment of interest and the 4219
retirement of such notes. The notes may be sold at private sale or 4220
given to the contractor under the installment payment contract 4221
authorized by division (B) of this section.4222

       (D) Debt incurred under this section shall not be included in 4223
the calculation of the net indebtedness of a school district under 4224
section 133.06 of the Revised Code.4225

       (E) No school district board shall enter into an installment 4226
payment contract under division (B) of this section unless it 4227
first obtains a report of the costs of the energy conservation 4228
measures and the savings thereof as described under division (G) 4229
of section 133.06 of the Revised Code as a requirement for issuing 4230
energy securities, makes a finding that the amount spent on such 4231
measures is not likely to exceed the amount of money it would save 4232
in energy costs and resultant operational and maintenance costs as 4233
described in that division, except that that finding shall cover 4234
the ensuing fifteen years, and the Ohio school facilities 4235
commission determines that the district board's findings are 4236
reasonable and approves the contract as described in that 4237
division.4238

       The district board shall monitor the savings and maintain a 4239
report of those savings, which shall be submitted to the 4240
commission in the same manner as required by division (G) of 4241
section 133.06 of the Revised Code in the case of energy 4242
securities.4243

       Sec. 3313.532.  (A) Any person twenty-two or more years of 4244
age and enrolled in an adult high school continuation program 4245
established pursuant to section 3313.531 of the Revised Code may 4246
request the board of education operating the program to conduct an 4247
evaluation in accordance with division (C) of this section.4248

       (B) Any applicant to a board of education for a diploma of 4249
adult education under division (B) of section 3313.611 of the 4250
Revised Code may request the board to conduct an evaluation in 4251
accordance with division (C) of this section.4252

       (C) Upon the request of any person pursuant to division (A) 4253
or (B) of this section, the board of education to which the 4254
request is made shall evaluate the person to determine whether the 4255
person is disabled, in accordance with rules adopted by the state 4256
board of education. If the evaluation indicates that the person is 4257
disabled, the board shall determine whether to excuse the person 4258
from taking any of the assessments required by division (B) of4259
section 3301.07103313.618 of the Revised Code as a requirement 4260
for receiving a diploma under section 3313.611 of the Revised 4261
Code. The board may require the person to take an alternate 4262
assessment in place of any test from which the person is so 4263
excused.4264

       Sec. 3313.536.  (A) As used in this section:4265

       (1) "Administrator" means the superintendent, principal, 4266
chief administrative officer, or other person having supervisory 4267
authority of any of the following:4268

       (a) A city, exempted village, local, or joint vocational 4269
school district;4270

       (b) A community school established under Chapter 3314. of the 4271
Revised Code, as required through reference in division (A)(11)(d) 4272
of section 3314.03 of the Revised Code;4273

       (c) A STEM school established under Chapter 3326. of the 4274
Revised Code, as required through reference in section 3326.11 of 4275
the Revised Code;4276

       (d) A college-preparatory boarding school established under 4277
Chapter 3328. of the Revised Code;4278

        (e) A district or school operating a career-technical 4279
education program approved by the department of education under 4280
section 3317.161 of the Revised Code;4281

       (f) A chartered nonpublic school;4282

       (g) An educational service center;4283

       (h) A preschool program or school-age child care program 4284
licensed by the department of education;4285

       (i) Any other facility that primarily provides educational 4286
services to children subject to regulation by the department of 4287
education.4288

       (2) "Emergency management test" means a regularly scheduled 4289
drill, exercise, or activity designed to assess and evaluate an 4290
emergency management plan under this section.4291

       (3) "Building" means any school, school building, facility, 4292
program, or center.4293

       (B)(1) Each administrator shall develop and adopt a 4294
comprehensive emergency management plan, in accordance with rules 4295
adopted by the state board of education pursuant to division (F) 4296
of this section, for each building under the administrator's 4297
control. The administrator shall examine the environmental 4298
conditions and operations of each building to determine potential 4299
hazards to student and staff safety and shall propose operating 4300
changes to promote the prevention of potentially dangerous 4301
problems and circumstances. In developing the plan for each 4302
building, the administrator shall involve community law 4303
enforcement and safety officials, parents of students who are 4304
assigned to the building, and teachers and nonteaching employees 4305
who are assigned to the building. The administrator shall 4306
incorporate remediation strategies into the plan for any building 4307
where documented safety problems have occurred.4308

       (2) Each administrator shall also incorporate into the 4309
emergency management plan adopted under division (B)(1) of this 4310
section all of the following:4311

       (a) A protocol for addressing serious threats to the safety 4312
of property, students, employees, or administrators;4313

       (b) A protocol for responding to any emergency events that 4314
occur and compromise the safety of property, students, employees, 4315
or administrators. This protocol shall include, but not be limited 4316
to, all of the following:4317

       (i) A floor plan that is unique to each floor of the 4318
building;4319

       (ii) A site plan that includes all building property and 4320
surrounding property;4321

       (iii) An emergency contact information sheet. 4322

       (3) Each protocol described in divisions (B)(2)(a) and (b) of 4323
this section shall include procedures determined to be appropriate 4324
by the administrator for responding to threats and emergency 4325
events, respectively, including such things as notification of 4326
appropriate law enforcement personnel, calling upon specified 4327
emergency response personnel for assistance, and informing parents 4328
of affected students.4329

        Prior to the opening day of each school year, the 4330
administrator shall inform each student or child enrolled in the 4331
school and the student's or child's parent of the parental 4332
notification procedures included in the protocol.4333

       (4) Each administrator shall keep a copy of the emergency 4334
management plan adopted pursuant to this section in a secure 4335
place.4336

       (C)(1) The administrator shall submit to the department of 4337
education, in accordance with rules adopted by the state board of 4338
education pursuant to division (F) of this section, an electronic 4339
copy of the emergency management plan prescribed by division (B) 4340
of this section not less than once every three years, whenever a 4341
major modification to the building requires changes in the 4342
procedures outlined in the plan, and whenever information on the 4343
emergency contact information sheet changes.4344

       (2) The administrator also shall file a copy of the plan with 4345
each law enforcement agency that has jurisdiction over the school 4346
building and, upon request, to any of the following:4347

       (a) The fire department that serves the political subdivision 4348
in which the building is located;4349

       (b) The emergency medical service organization that serves 4350
the political subdivision in which the building is located;4351

       (c) The county emergency management agency for the county in 4352
which the building is located.4353

       (3) Upon receipt of an emergency management plan, the 4354
department of education shall submit the information in accordance 4355
with rules adopted by the state board of education pursuant to 4356
division (F) of this section, to both of the following:4357

       (a) The attorney general, who shall post that information on 4358
the Ohio law enforcement gateway or its successor;4359

       (b) The director of public safety, who shall post the 4360
information on the contact and information management system.4361

       (4) Any department or entity to which copies of an emergency 4362
management plan are filed under this section shall keep the copies 4363
in a secure place.4364

       (D)(1) Not later than the first day of July of each year, 4365
each administrator shall review the emergency management plan and 4366
certify to the department of education that the plan is current 4367
and accurate. 4368

       (2) Anytime that an administrator updates the emergency 4369
management plan pursuant to division (C)(1) of this section, the 4370
administrator shall file copies, not later than the tenth day 4371
after the revision is adopted and in accordance with rules adopted 4372
by the state board pursuant to division (F) of this section, to 4373
the department of education and to any entity with which the 4374
administrator filed a copy under division (C)(2) of this section. 4375

       (E) Each administrator shall do both of the following:4376

       (1) Prepare and conduct at least one annual emergency 4377
management test, as defined in division (A)(2) of this section, in 4378
accordance with rules adopted by the state board pursuant to 4379
division (F) of this section;4380

       (2) Grant access to each building under the control of the 4381
administrator to law enforcement personnel and to entities 4382
described in division (C)(2) of this section, to enable the 4383
personnel and entities to hold training sessions for responding to 4384
threats and emergency events affecting the building, provided that 4385
the access occurs outside of student instructional hours and the 4386
administrator, or the administrator's designee, is present in the 4387
building during the training sessions.4388

       (F) The state board of education, in accordance with Chapter 4389
119. of the Revised Code, shall adopt rules regarding emergency 4390
management plans under this section, including the content of the 4391
plans and procedures for filing the plans. The rules shall specify 4392
that plans and information required under division (B) of this 4393
section be submitted on standardized forms developed by the 4394
department of education for such purpose. The rules shall also 4395
specify the requirements and procedures for emergency management 4396
tests conducted pursuant to division (E)(1) of this section. 4397
Failure to comply with the rules may result in discipline pursuant 4398
to section 3319.31 of the Revised Code or any other action against 4399
the administrator as prescribed by rule.4400

       (G) Division (B) of section 3319.31 of the Revised Code 4401
applies to any administrator who is subject to the requirements of 4402
this section and is not exempt under division (H) of this section 4403
and who is an applicant for a license or holds a license from the 4404
state board pursuant to section 3319.22 of the Revised Code.4405

       (H) The superintendent of public instruction may exempt any 4406
administrator from the requirements of this section, if the 4407
superintendent determines that the requirements do not otherwise 4408
apply to a building or buildings under the control of that 4409
administrator.4410

       (I) Copies of the emergency management plan and information 4411
required under division (B) of this section are security records 4412
and are not public records pursuant to section 149.433 of the 4413
Revised Code. In addition, the information posted to the contact 4414
and information management system, pursuant to division (C)(3)(b) 4415
of this section, is exempt from public disclosure or release in 4416
accordance with sections 149.43, 149.433, and 5502.03 of the 4417
Revised Code.4418

       Notwithstanding section 149.433 of the Revised Code, a floor 4419
plan filed with the attorney general pursuant to this section is 4420
not a public record to the extent it is a record kept by the 4421
attorney general.4422

       Sec. 3313.537.  (A) As used in this section, "extracurricular 4423
activity" means a pupil activity program that a school or school 4424
district operates and is not included in the school district's 4425
graded course of study, including an interscholastic 4426
extracurricular activity that a school or school district sponsors 4427
or participates in and that has participants from more than one 4428
school or school district.4429

        (B)(1) A student in grades seven to twelve who is enrolled in 4430
a community school established under Chapter 3314. of the Revised 4431
Code that is sponsored by the city, local, or exempted village 4432
school district in which the student is entitled to attend school 4433
pursuant to section 3313.64 or 3313.65 of the Revised Code shall 4434
be afforded the opportunity to participate in any extracurricular 4435
activities offered at the traditional public school that is 4436
operated by the school district and to which the student otherwise 4437
would be assigned. If more than one such school operated by the 4438
school district serves the student's grade level, the student 4439
shall be afforded the opportunity to participate in any 4440
extracurricular activities offered at the school to which the 4441
student would be assigned by the district superintendent pursuant 4442
to section 3319.01 of the Revised Code.4443

       (2) A student who is enrolled inor in a science, technology, 4444
engineering, and mathematics school established under Chapter 4445
3326. of the Revised Code shall not be prohibited from 4446
participating in any extracurricular activities offered at the 4447
traditional public school that is operated by the school district 4448
in which the student is entitled to attend school pursuant to 4449
section 3313.64 or 3313.65 of the Revised Code and to which the 4450
student otherwise would be assigned. If more than one such school 4451
operated by the school district serves the student's grade level, 4452
the student shall be afforded the opportunity to participate in 4453
any extracurricular activities offered at the school to which the 4454
student would be assigned by the district superintendent pursuant 4455
to section 3319.01 of the Revised Codebe afforded, by the 4456
superintendent of the school district in which the student is 4457
entitled to attend school under section 3313.64 or 3313.65 of the 4458
Revised Code, the opportunity to participate in that 4459
extracurricular activity at the district school to which the 4460
student otherwise would be assigned during that school year. If 4461
more than one school operated by the school district serves the 4462
student's grade level, as determined by the district 4463
superintendent based on the student's age and academic 4464
performance, the student shall be afforded the opportunity to 4465
participate in that extracurricular activity at the school to 4466
which the student would be assigned by the superintendent under 4467
section 3319.01 of the Revised Code.4468

       (2) The superintendent of any school district may afford any 4469
student enrolled in community school or science, technology, 4470
engineering, and mathematics school, and who is not entitled to 4471
attend school in the district under section 3313.64 or 3313.65 of 4472
the Revised Code, the opportunity to participate in an 4473
extracurricular activity offered by a school of the district, if 4474
both of the following apply:4475

       (a) The school in which the student is enrolled does not 4476
offer the extracurricular activity.4477

        (b) The extracurricular activity is not interscholastic 4478
athletics or interscholastic contests or competition in music, 4479
drama, or forensics.4480

        (C) In order to participate in any extracurricular activity 4481
under this section, the student shall be of the appropriate age 4482
and grade level, as determined by the superintendent of the 4483
district, for the school that offers the extracurricular activity, 4484
and shall fulfill the same academic, nonacademic, and financial 4485
requirements as any other participant, including the rules and 4486
policies adopted by the school district under section 3313.535 of 4487
the Revised Code. The school district board of education may 4488
require a community school student to enroll and participate in no 4489
more than one academic course at the school offering the 4490
extracurricular activity as a condition to participating in the 4491
activity. In that case, the board shall admit students seeking to 4492
enroll in an academic course to fulfill the requirement as space 4493
allows after first enrolling students assigned to that school.4494

        (D) No school district board of education shall take any 4495
action contrary to the provisions of this section.4496

       (E) No school or school district shall impose additional 4497
rules on a student to participate under this section that do not 4498
apply to other students participating in the same extracurricular 4499
activity. No school or school district shall impose fees for a 4500
student to participate under this section that exceed any fees 4501
charged to other students participating in the same 4502
extracurricular activity.4503

        (F) No school district, interscholastic conference, or 4504
organization that regulates interscholastic conferences or events 4505
shall require a student who is eligible to participate in 4506
extracurricular activities under this section to meet eligibility 4507
requirements that conflict with this section.4508

       Sec. 3313.539. (A) As used in this section, "physician":4509

       (1) "Licensing agency" has the same meaning as in section 4510
4745.01 of the Revised Code.4511

       (2) "Licensed health care professional" means an individual, 4512
other than a physician, who is authorized under Title XLVII of the 4513
Revised Code to practice a health care profession.4514

       (3) "Physician" means a person authorized under Chapter 4731. 4515
of the Revised Code to practice medicine and surgery or 4516
osteopathic medicine and surgery.4517

       (B) No school district board of education or governing 4518
authority of a chartered or nonchartered nonpublic school shall 4519
permit a student to practice for or compete in interscholastic 4520
athletics until the student has submitted, to a school official 4521
designated by the board or governing authority, a form signed by 4522
the parent, guardian, or other person having care or charge of the 4523
student stating that the student and the parent, guardian, or 4524
other person having care or charge of the student have received 4525
the concussion and head injury information sheet required by 4526
section 3707.52 of the Revised Code. A completed form shall be 4527
submitted each school year, as defined in section 3313.62 of the 4528
Revised Code, for each sport or other category of interscholastic 4529
athletics for or in which the student practices or competes.4530

       (C)(1) No school district board of education or governing 4531
authority of a chartered or nonchartered nonpublic school shall 4532
permit an individual to coach interscholastic athletics unless the 4533
individual holds a pupil-activity program permit issued under 4534
section 3319.303 of the Revised Code for coaching interscholastic 4535
athletics.4536

       (2) No school district board of education or governing 4537
authority of a chartered or nonchartered nonpublic school shall 4538
permit an individual to referee interscholastic athletics unless 4539
the individual holds a pupil-activity program permit issued under 4540
section 3319.303 of the Revised Code for coaching interscholastic 4541
athletics or presents evidence that the individual has 4542
successfully completed, within the previous three years, a 4543
training program in recognizing the symptoms of concussions and 4544
head injuries to which the department of health has provided a 4545
link on its internet web site under section 3707.52 of the Revised 4546
Code or a training program authorized and required by an 4547
organization that regulates interscholastic athletic competition 4548
and conducts interscholastic athletic events.4549

       (D) If a student practicing for or competing in an 4550
interscholastic athletic event exhibits signs, symptoms, or 4551
behaviors consistent with having sustained a concussion or head 4552
injury while participating in the practice or competition, the 4553
student shall be removed from the practice or competition by 4554
either of the following:4555

        (1) The individual who is serving as the student's coach 4556
during that practice or competition;4557

        (2) An individual who is serving as a referee during that 4558
practice or competition.4559

       (E)(1) If a student is removed from practice or competition 4560
under division (D) of this section, the coach or referee who 4561
removed the student shall not allow the student, on the same day 4562
the student is removed, to return to that practice or competition 4563
or to participate in any other practice or competition for which 4564
the coach or referee is responsible. Thereafter, the coach or 4565
referee shall not allow the student to return to that practice or 4566
competition or to participate in any other practice or competition 4567
for which the coach or referee is responsible until both of the 4568
following conditions are satisfied:4569

       (a) The student's condition is assessed by eitherany of the 4570
following who has complied with the requirements in division 4571
(E)(4) of this section:4572

       (i) A physician;4573

        (ii) Any otherA licensed health care providerprofessional4574
the school district board of education or governing authority of 4575
the chartered or nonchartered nonpublic school, pursuant to 4576
division (E)(2) of this section, authorizes to assess a student 4577
who has been removed from practice or competition under division 4578
(D) of this section;4579

       (iii) A licensed health care professional who meets the 4580
minimum education requirements established by rules adopted under 4581
section 3707.521 of the Revised Code by the professional's 4582
licensing agency.4583

       (b) The student receives written clearance that it is safe 4584
for the student to return to practice or competition from athe4585
physician or from another licensed health care provider 4586
authorized pursuant to division (E)(2) of this section to grant 4587
the clearanceprofessional who assessed the student's condition.4588

       (2) A school district board of education or governing 4589
authority of a chartered or nonchartered nonpublic school may 4590
authorize a licensed health care provider who is not a physician4591
professional to make an assessment or grant a clearance for 4592
purposes of division (E)(1) of this section only if the provider4593
professional is acting in accordance with one of the following, as 4594
applicable to the provider'sprofessional's authority to practice 4595
in this state:4596

       (a) In consultation with a physician;4597

       (b) Pursuant to the referral of a physician;4598

       (c) In collaboration with a physician;4599

       (d) Under the supervision of a physician.4600

       (3) A physician or other licensed health care provider4601
professional who makes an assessment or grants a clearance for 4602
purposes of division (E)(1) of this section may be a volunteer.4603

       (4) Beginning one year after the effective date of this 4604
amendment, all physicians and licensed health care professionals 4605
who conduct assessments and clearances under division (E)(1) of 4606
this section must meet the minimum education requirements 4607
established by rules adopted under section 3707.521 of the Revised 4608
Code by their respective licensing agencies.4609

       (F) A school district board of education or governing 4610
authority of a chartered or nonchartered nonpublic school that is 4611
subject to the rules of an interscholastic conference or an 4612
organization that regulates interscholastic athletic competition 4613
and conducts interscholastic athletic events shall be considered 4614
to be in compliance with divisions (B), (D), and (E) of this 4615
section, as long as the requirements of those rules are 4616
substantially similar to the requirements of divisions (B), (D), 4617
and (E) of this section.4618

       (G)(1) A school district, member of a school district board 4619
of education, or school district employee or volunteer, including 4620
a coach or referee, is not liable in damages in a civil action for 4621
injury, death, or loss to person or property allegedly arising 4622
from providing services or performing duties under this section, 4623
unless the act or omission constitutes willful or wanton 4624
misconduct.4625

       This section does not eliminate, limit, or reduce any other 4626
immunity or defense that a school district, member of a school 4627
district board of education, or school district employee or 4628
volunteer, including a coach or referee, may be entitled to under 4629
Chapter 2744. or any other provision of the Revised Code or under 4630
the common law of this state.4631

       (2) A chartered or nonchartered nonpublic school or any 4632
officer, director, employee, or volunteer of the school, including 4633
a coach or referee, is not liable in damages in a civil action for 4634
injury, death, or loss to person or property allegedly arising 4635
from providing services or performing duties under this section, 4636
unless the act or omission constitutes willful or wanton 4637
misconduct.4638

       Sec. 3313.603.  (A) As used in this section:4639

       (1) "One unit" means a minimum of one hundred twenty hours of 4640
course instruction, except that for a laboratory course, "one 4641
unit" means a minimum of one hundred fifty hours of course 4642
instruction.4643

       (2) "One-half unit" means a minimum of sixty hours of course 4644
instruction, except that for physical education courses, "one-half 4645
unit" means a minimum of one hundred twenty hours of course 4646
instruction.4647

       (B) Beginning September 15, 2001, except as required in 4648
division (C) of this section and division (C) of section 3313.614 4649
of the Revised Code, the requirements for graduation from every 4650
high school shall include twenty units earned in grades nine 4651
through twelve and shall be distributed as follows:4652

       (1) English language arts, four units;4653

       (2) Health, one-half unit;4654

       (3) Mathematics, three units;4655

       (4) Physical education, one-half unit;4656

       (5) Science, two units until September 15, 2003, and three 4657
units thereafter, which at all times shall include both of the 4658
following:4659

       (a) Biological sciences, one unit;4660

       (b) Physical sciences, one unit.4661

       (6) History and government, one unit, which shall comply with 4662
division (M) of this section and shall include both of the 4663
following:4664

       (a) American history, one-half unit;4665

       (b) American government, one-half unit.4666

       (7) Social studies, two units.4667

       (8) Elective units, seven units until September 15, 2003, and 4668
six units thereafter.4669

       Each student's electives shall include at least one unit, or 4670
two half units, chosen from among the areas of 4671
business/technology, fine arts, and/or foreign language.4672

       (C) Beginning with students who enter ninth grade for the 4673
first time on or after July 1, 2010, except as provided in 4674
divisions (D) to (F) of this section, the requirements for 4675
graduation from every public and chartered nonpublic high school 4676
shall include twenty units that are designed to prepare students 4677
for the workforce and college. The units shall be distributed as 4678
follows:4679

       (1) English language arts, four units;4680

       (2) Health, one-half unit, which shall include instruction in 4681
nutrition and the benefits of nutritious foods and physical 4682
activity for overall health;4683

       (3) Mathematics, four units, which shall include one unit of 4684
algebra II or the equivalent of algebra II;4685

       (4) Physical education, one-half unit;4686

       (5) Science, three units with inquiry-based laboratory 4687
experience that engages students in asking valid scientific 4688
questions and gathering and analyzing information, which shall 4689
include the following, or their equivalent:4690

       (a) Physical sciences, one unit;4691

       (b) Life sciences, one unit;4692

       (c) Advanced study in one or more of the following sciences, 4693
one unit:4694

       (i) Chemistry, physics, or other physical science;4695

       (ii) Advanced biology or other life science;4696

       (iii) Astronomy, physical geology, or other earth or space 4697
science.4698

       (6) History and government, one unit, which shall comply with 4699
division (M) of this section and shall include both of the 4700
following:4701

       (a) American history, one-half unit;4702

       (b) American government, one-half unit.4703

       (7) Social studies, two units.4704

       Each school shall integrate the study of economics and 4705
financial literacy, as expressed in the social studies academic 4706
content standards adopted by the state board of education under 4707
division (A)(1) of section 3301.079 of the Revised Code and the 4708
academic content standards for financial literacy and 4709
entrepreneurship adopted under division (A)(2) of that section, 4710
into one or more existing social studies credits required under 4711
division (C)(7) of this section, or into the content of another 4712
class, so that every high school student receives instruction in 4713
those concepts. In developing the curriculum required by this 4714
paragraph, schools shall use available public-private partnerships 4715
and resources and materials that exist in business, industry, and 4716
through the centers for economics education at institutions of 4717
higher education in the state.4718

       (8) Five units consisting of one or any combination of 4719
foreign language, fine arts, business, career-technical education, 4720
family and consumer sciences, technology, agricultural education, 4721
a junior reserve officer training corps (JROTC) program approved 4722
by the congress of the United States under title 10 of the United 4723
States Code, or English language arts, mathematics, science, or 4724
social studies courses not otherwise required under division (C) 4725
of this section.4726

       Ohioans must be prepared to apply increased knowledge and 4727
skills in the workplace and to adapt their knowledge and skills 4728
quickly to meet the rapidly changing conditions of the 4729
twenty-first century. National studies indicate that all high 4730
school graduates need the same academic foundation, regardless of 4731
the opportunities they pursue after graduation. The goal of Ohio's 4732
system of elementary and secondary education is to prepare all 4733
students for and seamlessly connect all students to success in 4734
life beyond high school graduation, regardless of whether the next 4735
step is entering the workforce, beginning an apprenticeship, 4736
engaging in post-secondary training, serving in the military, or 4737
pursuing a college degree.4738

        The Ohio core curriculum isrequirements for graduation 4739
prescribed in division (C) of this section are the standard 4740
expectation for all students entering ninth grade for the first 4741
time at a public or chartered nonpublic high school on or after 4742
July 1, 2010. A student may satisfy this expectation through a 4743
variety of methods, including, but not limited to, integrated, 4744
applied, career-technical, and traditional coursework.4745

       Whereas teacher quality is essential for student success in4746
when completing the Ohio core curriculumrequirements for 4747
graduation, the general assembly shall appropriate funds for 4748
strategic initiatives designed to strengthen schools' capacities 4749
to hire and retain highly qualified teachers in the subject areas 4750
required by the curriculum. Such initiatives are expected to 4751
require an investment of $120,000,000 over five years.4752

       Stronger coordination between high schools and institutions 4753
of higher education is necessary to prepare students for more 4754
challenging academic endeavors and to lessen the need for academic 4755
remediation in college, thereby reducing the costs of higher 4756
education for Ohio's students, families, and the state. The state 4757
board and the chancellor of the Ohio board of regents shall 4758
develop policies to ensure that only in rare instances will 4759
students who complete the Ohio core curriculumrequirements for 4760
graduation prescribed in division (C) of this section require 4761
academic remediation after high school.4762

       School districts, community schools, and chartered nonpublic 4763
schools shall integrate technology into learning experiences 4764
across the curriculum in order to maximize efficiency, enhance 4765
learning, and prepare students for success in the 4766
technology-driven twenty-first century. Districts and schools 4767
shall use distance and web-based course delivery as a method of 4768
providing or augmenting all instruction required under this 4769
division, including laboratory experience in science. Districts 4770
and schools shall utilize technology access and electronic 4771
learning opportunities provided by the broadcast educational media 4772
commission, chancellor, the Ohio learning network, education 4773
technology centers, public television stations, and other public 4774
and private providers.4775

       (D) Except as provided in division (E) of this section, a 4776
student who enters ninth grade on or after July 1, 2010, and 4777
before July 1, 20142016, may qualify for graduation from a public 4778
or chartered nonpublic high school even though the student has not 4779
completed the Ohio core curriculumrequirements for graduation4780
prescribed in division (C) of this section if all of the following 4781
conditions are satisfied:4782

       (1) After the student has attended high school for two years4783
During the student's third year of attending high school, as 4784
determined by the school, the student and the student's parent, 4785
guardian, or custodian sign and file with the school a written 4786
statement asserting the parent's, guardian's, or custodian's 4787
consent to the student's graduating without completing the Ohio 4788
core curriculumrequirements for graduation prescribed in division 4789
(C) of this section and acknowledging that one consequence of not 4790
completing the Ohio core curriculumthose requirements is 4791
ineligibility to enroll in most state universities in Ohio without 4792
further coursework.4793

       (2) The student and parent, guardian, or custodian fulfill 4794
any procedural requirements the school stipulates to ensure the 4795
student's and parent's, guardian's, or custodian's informed 4796
consent and to facilitate orderly filing of statements under 4797
division (D)(1) of this section. Annually, each district or school 4798
shall notify the department of education of the number of students 4799
who choose to qualify for graduation under division (D) of this 4800
section and the number of students who complete the student's 4801
success plan and graduate from high school.4802

       (3) The student and the student's parent, guardian, or 4803
custodian and a representative of the student's high school 4804
jointly develop an individual careera student success plan for 4805
the student in the manner described in division (C)(1) of section 4806
3313.6020 of the Revised Code that specifies the student 4807
matriculating to a two-year degree program, acquiring a business 4808
and industryindustry-recognized credential, or entering an 4809
apprenticeship.4810

       (4) The student's high school provides counseling and support 4811
for the student related to the plan developed under division 4812
(D)(3) of this section during the remainder of the student's high 4813
school experience.4814

       (5) The(a) Except as provided in division (D)(5)(b) of this 4815
section, the student successfully completes, at a minimum, the 4816
curriculum prescribed in division (B) of this section.4817

       (b) Beginning with students who enter ninth grade for the 4818
first time on or after July 1, 2014, a student shall be required 4819
to complete successfully, at the minimum, the curriculum 4820
prescribed in division (B) of this section, except as follows:4821

        (i) Mathematics, four units, one unit which shall be one of 4822
the following:4823

        (I) Probability and statistics;4824

        (II) Computer programming;4825

        (III) Applied mathematics or quantitative reasoning;4826

        (IV) Any other course approved by the department using 4827
standards established by the superintendent not later than October 4828
1, 2014.4829

        (ii) Elective units, five units;4830

        (iii) Science, three units as prescribed by division (B) of 4831
this section which shall include inquiry-based laboratory 4832
experience that engages students in asking valid scientific 4833
questions and gathering and analyzing information.4834

       The department of education, in collaboration with the 4835
chancellor, shall analyze student performance data to determine if 4836
there are mitigating factors that warrant extending the exception 4837
permitted by division (D) of this section to high school classes 4838
beyond those entering ninth grade before July 1, 20142016. The 4839
department shall submit its findings and any recommendations not 4840
later than AugustDecember 1, 20142015, to the speaker and 4841
minority leader of the house of representatives, the president and 4842
minority leader of the senate, the chairpersons and ranking 4843
minority members of the standing committees of the house of 4844
representatives and the senate that consider education 4845
legislation, the state board of education, and the superintendent 4846
of public instruction.4847

       (E) Each school district and chartered nonpublic school 4848
retains the authority to require an even more rigorouschallenging4849
minimum curriculum for high school graduation than specified in 4850
division (B) or (C) of this section. A school district board of 4851
education, through the adoption of a resolution, or the governing 4852
authority of a chartered nonpublic school may stipulate any of the 4853
following:4854

        (1) A minimum high school curriculum that requires more than 4855
twenty units of academic credit to graduate;4856

        (2) An exception to the district's or school's minimum high 4857
school curriculum that is comparable to the exception provided in 4858
division (D) of this section but with additional requirements, 4859
which may include a requirement that the student successfully 4860
complete more than the minimum curriculum prescribed in division 4861
(B) of this section;4862

        (3) That no exception comparable to that provided in division 4863
(D) of this section is available.4864

       (F) A student enrolled in a dropout prevention and recovery 4865
program, which program has received a waiver from the department, 4866
may qualify for graduation from high school by successfully 4867
completing a competency-based instructional program administered 4868
by the dropout prevention and recovery program in lieu of 4869
completing the Ohio core curriculumrequirements for graduation4870
prescribed in division (C) of this section. The department shall 4871
grant a waiver to a dropout prevention and recovery program, 4872
within sixty days after the program applies for the waiver, if the 4873
program meets all of the following conditions:4874

       (1) The program serves only students not younger than sixteen 4875
years of age and not older than twenty-one years of age.4876

       (2) The program enrolls students who, at the time of their 4877
initial enrollment, either, or both, are at least one grade level 4878
behind their cohort age groups or experience crises that 4879
significantly interfere with their academic progress such that 4880
they are prevented from continuing their traditional programs.4881

       (3) The program requires students to attain at least the 4882
applicable score designated for each of the assessments prescribed 4883
under division (B)(1) of section 3301.0710 of the Revised Code or, 4884
to the extent prescribed by rule of the state board under division 4885
(D)(6)(5) of section 3301.0712 of the Revised Code, division 4886
(B)(2) of that section.4887

       (4) The program develops an individual careera student 4888
success plan for the student in the manner described in division 4889
(C)(1) of section 3313.6020 of the Revised Code that specifies the 4890
student's matriculating to a two-year degree program, acquiring a 4891
business and industryindustry-recognized credential, or entering 4892
an apprenticeship.4893

       (5) The program provides counseling and support for the 4894
student related to the plan developed under division (F)(4) of 4895
this section during the remainder of the student's high school 4896
experience.4897

       (6) The program requires the student and the student's 4898
parent, guardian, or custodian to sign and file, in accordance 4899
with procedural requirements stipulated by the program, a written 4900
statement asserting the parent's, guardian's, or custodian's 4901
consent to the student's graduating without completing the Ohio 4902
core curriculumrequirements for graduation prescribed in division 4903
(C) of this section and acknowledging that one consequence of not 4904
completing the Ohio core curriculumthose requirements is 4905
ineligibility to enroll in most state universities in Ohio without 4906
further coursework.4907

       (7) Prior to receiving the waiver, the program has submitted 4908
to the department an instructional plan that demonstrates how the 4909
academic content standards adopted by the state board under 4910
section 3301.079 of the Revised Code will be taught and assessed.4911

       (8) Prior to receiving the waiver, the program has submitted 4912
to the department a policy on career advising that satisfies the 4913
requirements of section 3313.6020 of the Revised Code, with an 4914
emphasis on how every student will receive career advising.4915

       (9) Prior to receiving the waiver, the program has submitted 4916
to the department a written agreement outlining the future 4917
cooperation between the program and any combination of local job 4918
training, postsecondary education, nonprofit, and health and 4919
social service organizations to provide services for students in 4920
the program and their families.4921

       Divisions (F)(8) and (9) of this section apply only to 4922
waivers granted on or after July 1, 2015.4923

       If the department does not act either to grant the waiver or 4924
to reject the program application for the waiver within sixty days 4925
as required under this section, the waiver shall be considered to 4926
be granted.4927

       (G) Every high school may permit students below the ninth 4928
grade to take advanced work. If a high school so permits, it shall 4929
award high school credit for successful completion of the advanced 4930
work and shall count such advanced work toward the graduation 4931
requirements of division (B) or (C) of this section if the 4932
advanced work was both:4933

       (1) Taught by a person who possesses a license or certificate 4934
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 4935
Code that is valid for teaching high school;4936

       (2) Designated by the board of education of the city, local, 4937
or exempted village school district, the board of the cooperative 4938
education school district, or the governing authority of the 4939
chartered nonpublic school as meeting the high school curriculum 4940
requirements.4941

        Each high school shall record on the student's high school 4942
transcript all high school credit awarded under division (G) of 4943
this section. In addition, if the student completed a seventh- or 4944
eighth-grade fine arts course described in division (K) of this 4945
section and the course qualified for high school credit under that 4946
division, the high school shall record that course on the 4947
student's high school transcript.4948

       (H) The department shall make its individual academic career 4949
plan available through its Ohio career information system web site 4950
for districts and schools to use as a tool for communicating with 4951
and providing guidance to students and families in selecting high 4952
school courses.4953

        (I) Units earned in English language arts, mathematics, 4954
science, and social studies that are delivered through integrated 4955
academic and career-technical instruction are eligible to meet the 4956
graduation requirements of division (B) or (C) of this section.4957

       (J) The state board, in consultation with the chancellor, 4958
shall adopt a statewide plan implementing methods for students to 4959
earn units of high school credit based on a demonstration of 4960
subject area competency, instead of or in combination with 4961
completing hours of classroom instruction. The state board shall 4962
adopt the plan not later than March 31, 2009, and commence phasing 4963
in the plan during the 2009-2010 school year. The plan shall 4964
include a standard method for recording demonstrated proficiency 4965
on high school transcripts. Each school district and community 4966
school shall comply with the state board's plan adopted under this 4967
division and award units of high school credit in accordance with 4968
the plan. The state board may adopt existing methods for earning 4969
high school credit based on a demonstration of subject area 4970
competency as necessary prior to the 2009-2010 school year.4971

       (K) This division does not apply to students who qualify for 4972
graduation from high school under division (D) or (F) of this 4973
section, or to students pursuing a career-technical instructional 4974
track as determined by the school district board of education or 4975
the chartered nonpublic school's governing authority. 4976
Nevertheless, the general assembly encourages such students to 4977
consider enrolling in a fine arts course as an elective.4978

       Beginning with students who enter ninth grade for the first 4979
time on or after July 1, 2010, each student enrolled in a public 4980
or chartered nonpublic high school shall complete two semesters or 4981
the equivalent of fine arts to graduate from high school. The 4982
coursework may be completed in any of grades seven to twelve. Each 4983
student who completes a fine arts course in grade seven or eight 4984
may elect to count that course toward the five units of electives 4985
required for graduation under division (C)(8) of this section, if 4986
the course satisfied the requirements of division (G) of this 4987
section. In that case, the high school shall award the student 4988
high school credit for the course and count the course toward the 4989
five units required under division (C)(8) of this section. If the 4990
course in grade seven or eight did not satisfy the requirements of 4991
division (G) of this section, the high school shall not award the 4992
student high school credit for the course but shall count the 4993
course toward the two semesters or the equivalent of fine arts 4994
required by this division.4995

       (L) Notwithstanding anything to the contrary in this section, 4996
the board of education of each school district and the governing 4997
authority of each chartered nonpublic school may adopt a policy to 4998
excuse from the high school physical education requirement each 4999
student who, during high school, has participated in 5000
interscholastic athletics, marching band, or cheerleading for at 5001
least two full seasons or in the junior reserve officer training 5002
corps for at least two full school years. If the board or 5003
authority adopts such a policy, the board or authority shall not 5004
require the student to complete any physical education course as a 5005
condition to graduate. However, the student shall be required to 5006
complete one-half unit, consisting of at least sixty hours of 5007
instruction, in another course of study. In the case of a student 5008
who has participated in the junior reserve officer training corps 5009
for at least two full school years, credit received for that 5010
participation may be used to satisfy the requirement to complete 5011
one-half unit in another course of study.5012

       (M) It is important that high school students learn and 5013
understand United States history and the governments of both the 5014
United States and the state of Ohio. Therefore, beginning with 5015
students who enter ninth grade for the first time on or after July 5016
1, 2012, the study of American history and American government 5017
required by divisions (B)(6) and (C)(6) of this section shall 5018
include the study of all of the following documents:5019

        (1) The Declaration of Independence;5020

        (2) The Northwest Ordinance;5021

        (3) The Constitution of the United States with emphasis on 5022
the Bill of Rights;5023

        (4) The Ohio Constitution.5024

        The study of each of the documents prescribed in divisions 5025
(M)(1) to (4) of this section shall include study of that document 5026
in its original context.5027

        The study of American history and government required by 5028
divisions (B)(6) and (C)(6) of this section shall include the 5029
historical evidence of the role of documents such as the 5030
Federalist Papers and the Anti-Federalist Papers to firmly 5031
establish the historical background leading to the establishment 5032
of the provisions of the Constitution and Bill of Rights.5033

       Sec. 3313.6013. (A) As used in this section, "dual enrollment5034
advanced standing program" means a program that enables a student 5035
to earn credit toward a degree from an institution of higher 5036
education while enrolled in high school or that enables a student 5037
to complete coursework while enrolled in high school that may earn 5038
credit toward a degree from an institution of higher education 5039
upon the student's attainment of a specified score on an 5040
examination covering the coursework. Dual enrollmentAdvanced 5041
standing programs may include any of the following:5042

        (1) The post-secondary enrollment optionscollege credit plus5043
program established under Chapter 3365. of the Revised Code;5044

       (2) Advanced placement courses;5045

       (3) Any similar program established pursuant to an agreement 5046
between a school district or chartered nonpublic high school and 5047
an institution of higher educationInternational baccalaureate 5048
diploma courses;5049

       (4) Early college high schoolsschool programs.5050

        (B) Each city, local, exempted village, and joint vocational 5051
school district and each chartered nonpublic high school shall 5052
provide students enrolled in grades nine through twelve with the 5053
opportunity to participate in a dual enrollmentan advanced 5054
standing program. For this purpose, each school district and 5055
chartered nonpublic high school shall offer at least one dual 5056
enrollmentadvanced standing program in accordance with division 5057
(B)(1) or (2) of this section, as applicable.5058

        (1) A city, local, or exempted village school district meets 5059
the requirements of this division through its mandatory 5060
participation in the post-secondary enrollment optionscollege 5061
credit plus program established under Chapter 3365. of the Revised 5062
Code. However, a city, local, or exempted village school district 5063
may offer any other dual enrollmentadvanced standing program, in 5064
addition to the post-secondary enrollment optionscollege credit 5065
plus program, and each joint vocational school district shall 5066
offer at least one other dual enrollmentadvanced standing5067
program, to students in good standing, as defined by the 5068
partnership for continued learning under section 3301.42 of the 5069
Revised Code as it existed prior to October 16, 2009, or as 5070
subsequently defined by the department of education.5071

        (2) A chartered nonpublic high school that elects to 5072
participate in the post-secondary enrollment optionscollege 5073
credit plus program established under Chapter 3365. of the Revised 5074
Code meets the requirements of this division. Each chartered 5075
nonpublic high school that elects not to participate in the 5076
post-secondary enrollment optionscollege credit plus program 5077
instead shall offer at least one other dual enrollmentadvanced 5078
standing program to students in good standing, as defined by the 5079
partnership for continued learning under section 3301.42 of the 5080
Revised Code as it existed prior to October 16, 2009, or as 5081
subsequently defined by the department of education.5082

       (C) Each school district and each chartered nonpublic high 5083
school shall provide information about the dual enrollment5084
advanced standing programs offered by the district or school to 5085
all students enrolled in grades eight through eleven. The district 5086
or school shall include information about all of the following:5087

        (1) The process colleges and universities use in awarding 5088
credit for advanced placement and international baccalaureate 5089
courses and examinations, including minimum scores required by 5090
state institutions of higher education, as defined in section 5091
3345.011 of the Revised Code, for a student to receive college 5092
credit;5093

        (2) The availability of tuition and fee waivers for advanced 5094
placement and international baccalaureate courses and 5095
examinations;5096

        (3) The availability of online advanced placement or 5097
international baccalaureate courses, including those that may be 5098
available at no cost;5099

        (4) The benefits of earning postsecondary credit through 5100
advanced placement or international baccalaureate courses;5101

        (5) The availability of advanced placement or international 5102
baccalaureate courses offered throughout the district. 5103

       The district or school may include additional information as 5104
determined appropriate by the district or school.5105

       (D) NoExcept as provided for in Chapter 3365. of the Revised 5106
Code, no city, local, exempted village, and joint vocational 5107
school district shall charge an enrolled student an additional fee 5108
or tuition for participation in any dual enrollmentadvanced 5109
standing program offered by the district. Students may be required 5110
to pay the costs associated with taking an advanced placement or 5111
international baccalaureate examination.5112

       (E) Any agreement between a school district or school and an 5113
associated college governing the operation of an early college 5114
high school program shall be subject to the requirements of the 5115
college credit plus program, with the following exceptions:5116

       (1) Any aspect of the agreement that does not relate to the 5117
conferral of transcripted credit, as defined in section 3365.01 of 5118
the Revised Code, shall not be subject to the requirements of the 5119
college credit plus program.5120

       (2) If the early college high school program began operating 5121
prior to July 1, 2014, the agreement shall not be subject to the 5122
requirements of the college credit plus program until the later of 5123
the date on which the existing agreement expires or July 1, 2015.5124

       (3) If the district, school, or associated college operating 5125
the early college high school program was granted an award under 5126
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly 5127
for the 2014-2015 school year, as the lead applicant on the grant 5128
or as part of a consortium, for a project involving the 5129
establishment or expansion of an early college high school, the 5130
agreement shall not be subject to the requirements of the college 5131
credit plus program during the period of time for which the 5132
project is funded by the grant award under that section.5133

       (4) If the district, school, or associated college obtains a 5134
waiver for the agreement under section 3365.10 of the Revised 5135
Code, the agreement shall not be subject to the requirements of 5136
the college credit plus program as expressed in and excused by the 5137
waiver.5138

       The college credit plus program shall not govern any advanced 5139
placement course or international baccalaureate diploma course as 5140
described under this section.5141

       (F) As used in this section:5142

        (1) "Associated college" means a public or private college, 5143
as defined in section 3365.01 of the Revised Code, which has 5144
entered into an agreement with a school district or school to 5145
establish an early college high school program, as described in 5146
division (F)(2) of this section, and awards transcripted credit, 5147
as defined in section 3365.01 of the Revised Code, to students 5148
through that program.5149

        (2) "Early college high school program" means a program 5150
operated by a school district or school and an associated college 5151
that provides a personalized learning plan, which is based on 5152
accelerated curriculum and includes both high school and 5153
college-level coursework, and enables the following students to 5154
earn a high school diploma and an associate degree, or the 5155
equivalent number of transcripted credits, upon successful 5156
completion of the program:5157

       (a) Students who are underrepresented in regard to completing 5158
post-secondary education;5159

       (b) Students who are economically disadvantaged, as defined 5160
by the department of education;5161

       (c) Students whose parents did not earn a college degree.5162

       Sec. 3313.6014.  The board of education of each city, 5163
exempted village, and local school district shall by resolution 5164
adopt a procedure for notifying the parent, guardian, or custodian 5165
of each student enrolled in a high school operated by the district 5166
or enrolled in a school operated by the joint vocational school 5167
district to which the city, exempted village, or local district 5168
belongs of the requirements of the Ohio core curriculum prescribed 5169
in division (C) of section 3313.603 of the Revised Code and that 5170
one consequence of not completing that curriculum is ineligibility 5171
to enroll in most state universities in Ohio without further 5172
coursework. 5173

       This section does not create a new cause of action or 5174
substantive legal right.5175

       Sec. 3313.6016.  (A) Beginning in the 2011-2012 school year, 5176
the department of education shall administer a pilot program 5177
requiring daily physical activity for students. Any school 5178
district; community school established under Chapter 3314. of the 5179
Revised Code; science, technology, engineering, and mathematics 5180
school established under Chapter 3326. of the Revised Code; or 5181
chartered nonpublic school annually may elect to participate in 5182
the pilot program by notifying the department of its interest by a 5183
date established by the department. If a school district elects to 5184
participate in the pilot program, the district shall select one or 5185
more school buildings to participate in the program. To the 5186
maximum extent possible, the department shall seek to include in 5187
the pilot program districts and schools that are located in urban, 5188
suburban, and rural areas distributed geographically throughout 5189
the state. The department shall administer the pilot program in 5190
accordance with this section.5191

       (B) Except as provided in division (C) of this section, each 5192
district or school participating in the pilot program shall 5193
require all students in the school building selected under 5194
division (A) of this section to engage in at least thirty minutes 5195
of moderate to rigorous physical activity each school day or at 5196
least one hundred fifty minutes of moderate to rigorous physical 5197
activity each week, exclusive of recess. Physical activity engaged 5198
in during the following may count toward the daily requirement:5199

       (1) A physical education course;5200

       (2) A program or activity occurring before or after the 5201
regular school day, as defined in section 3313.814 of the Revised 5202
Code, that is sponsored or approved by the school of attendance, 5203
provided school officials are able to monitor students' 5204
participation to ensure compliance with the requirement.5205

       (C) None of the following shall be subject to the requirement 5206
of division (B) of this section:5207

       (1) Any student enrolled in the post-secondary enrollment 5208
optionscollege credit plus program established under Chapter 5209
3365. of the Revised Code;5210

       (2) Any student enrolled in a career-technical education 5211
program operated by the district or school;5212

       (3) Any student enrolled in a dropout prevention and recovery 5213
program operated by the district or school.5214

       (D) For any period in which a student is participating in 5215
interscholastic athletics, marching band, cheerleading, or a 5216
junior reserve officer training corps program, the district or 5217
school may excuse the student from the requirement of division (B) 5218
of this section.5219

       (E) The district or school may excuse any kindergarten 5220
student who is not enrolled in all-day kindergarten, as defined in 5221
section 3321.05 of the Revised Code, from the requirement of 5222
division (B) of this section.5223

       (F) Each district or school annually shall report to the 5224
department, in the manner prescribed by the department, how the 5225
district or school implemented the thirty minutes of daily 5226
physical activity and the financial costs of implementation. The 5227
department shall issue an annual report of the data collected 5228
under this division.5229

       Sec. 3313.6020.  (A)(1) Beginning in the 2015-2016 school 5230
year, the board of education of each city, local, exempted 5231
village, and joint vocational school district shall adopt a policy 5232
on career advising that complies with this section. Thereafter, 5233
the policy shall be updated at least once every two years.5234

       (2) The board shall make the policy publicly available to 5235
students, parents, guardians, or custodians, local post-secondary 5236
institutions, and residents of the district. The district shall 5237
post the policy in a prominent location on its web site, if it has 5238
one.5239

       (B) The policy on career advising shall specify how the 5240
district will do all of the following:5241

       (1) Provide students with grade-level examples that link 5242
their schoolwork to one or more career fields. A district may use 5243
career connections developed under division (B)(2) of section 5244
3301.079 of the Revised Code for this purpose.5245

       (2) Create a plan to provide career advising to students in 5246
grades six through twelve;5247

       (3) Beginning in the 2015-2016 school year, provide 5248
additional interventions and career advising for students who are 5249
identified as at risk of dropping out of school in accordance with 5250
division (C) of this section;5251

       (4) Train its employees on how to advise students on career 5252
pathways, including training on advising students using online 5253
tools;5254

       (5) Develop multiple, clear academic pathways through high 5255
school that students may choose in order to earn a high school 5256
diploma;5257

       (6) Identify and publicize courses that can award students 5258
both traditional academic and career-technical credit;5259

       (7) Document the career advising provided to each student for 5260
review by the student, the student's parent, guardian, or 5261
custodian, and future schools that the student may attend. A 5262
district shall not otherwise release this information without the 5263
written consent of the student's parent, guardian, or custodian, 5264
if the student is less than eighteen years old, or the written 5265
consent of the student, if the student is at least eighteen years 5266
old.5267

       (8) Prepare students for their transition from high school to 5268
their post-secondary destinations, including any special 5269
interventions that are necessary for students in need of 5270
remediation in mathematics or English language arts.5271

       (C)(1) Beginning in the 2015-2016 school year, each district 5272
shall identify students who are at risk of dropping out of school 5273
using a method that is both research-based and locally-based and 5274
that is developed with input from the district's classroom 5275
teachers and guidance counselors. If a student is identified as at 5276
risk of dropping out of school, the district shall develop a 5277
student success plan that addresses the student's academic pathway 5278
to a successful graduation and the role of career-technical 5279
education, competency-based education, and experiential learning, 5280
as appropriate, in that pathway.5281

       (2) Prior to developing a student success plan for a student, 5282
the district shall invite the student's parent, guardian, or 5283
custodian to assist in developing the plan. If the student's 5284
parent, guardian, or custodian does not participate in the 5285
development of the plan, the district shall provide to the parent, 5286
guardian, or custodian a copy of the student's success plan and a 5287
statement of the importance of a high school diploma and the 5288
academic pathways available to the student in order to 5289
successfully graduate.5290

       (3) Following the development of a student success plan for a 5291
student, the district shall provide career advising to the student 5292
that is aligned with the plan and, beginning in the 2015-2016 5293
school year, the district's plan to provide career advising 5294
created under division (B)(2) of this section.5295

       (D)(1) Not later than December 1, 2014, the department of 5296
education shall develop and post on its web site model policies on 5297
career advising and model student success plans.5298

       (2) Not later than July 1, 2015, the department shall create 5299
an online clearinghouse of research related to proven practices 5300
for policies on career advising and student success plans that 5301
districts may access when fulfilling the requirements of this 5302
section.5303

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 5304
education of any city, exempted village, or local school district 5305
that operates a high school to any person to whom all of the 5306
following apply:5307

       (1) The person has successfully completed the curriculum in 5308
any high school or the individualized education program developed 5309
for the person by any high school pursuant to section 3323.08 of 5310
the Revised Code, or has qualified under division (D) or (F) of 5311
section 3313.603 of the Revised Code, provided that no school 5312
district shall require a student to remain in school for any 5313
specific number of semesters or other terms if the student 5314
completes the required curriculum early;5315

       (2) Subject to section 3313.614 of the Revised Code, the 5316
person has met the assessment requirements of division (A)(2)(a) 5317
or (b) of this section, as applicable.5318

       (a) If the person entered the ninth grade prior to the date 5319
prescribed by rule of the state board of education under division 5320
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2014, the 5321
person either:5322

       (i) Has attained at least the applicable scores designated 5323
under division (B)(1) of section 3301.0710 of the Revised Code on 5324
all the assessments required by that division unless the person 5325
was excused from taking any such assessment pursuant to section 5326
3313.532 of the Revised Code or unless division (H) or (L) of this 5327
section applies to the person;5328

       (ii) Has satisfied the alternative conditions prescribed in 5329
section 3313.615 of the Revised Code.5330

       (b) If the person entered the ninth grade on or after the 5331
date prescribed by rule of the state board under division (D)(2) 5332
of section 3301.0712 of the Revised CodeJuly 1, 2014, the person 5333
has met the requirements of the entire assessment system5334
requirement prescribed under division (B)(2) ofby section 5335
3301.07103313.618 of the Revised Code, except to the extent that 5336
the person is excused from some portion ofan assessment 5337
prescribed by that assessment systemsection pursuant to section 5338
3313.532 of the Revised Code or division (H) or (L) of this 5339
section.5340

       (3) The person is not eligible to receive an honors diploma 5341
granted pursuant to division (B) of this section.5342

       Except as provided in divisions (C), (E), (J), and (L) of 5343
this section, no diploma shall be granted under this division to 5344
anyone except as provided under this division.5345

       (B) In lieu of a diploma granted under division (A) of this 5346
section, an honors diploma shall be granted, in accordance with 5347
rules of the state board, by any such district board to anyone who 5348
accomplishes all of the following:5349

       (1) Successfully completes the curriculum in any high school 5350
or the individualized education program developed for the person 5351
by any high school pursuant to section 3323.08 of the Revised 5352
Code;5353

       (2) Subject to section 3313.614 of the Revised Code, has met 5354
the assessment requirements of division (B)(2)(a) or (b) of this 5355
section, as applicable.5356

       (a) If the person entered the ninth grade prior to the date 5357
prescribed by rule of the state board of education under division 5358
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2014, the 5359
person either:5360

       (i) Has attained at least the applicable scores designated 5361
under division (B)(1) of section 3301.0710 of the Revised Code on 5362
all the assessments required by that division;5363

       (ii) Has satisfied the alternative conditions prescribed in 5364
section 3313.615 of the Revised Code.5365

       (b) If the person entered the ninth grade on or after the 5366
date prescribed by rule of the state board under division (D)(2) 5367
of section 3301.0712 of the Revised CodeJuly 1, 2014, the person 5368
has met the requirements of the entire assessment system5369
requirement prescribed under division (B)(2) of section 3301.07105370
3313.618 of the Revised Code.5371

       (3) Has met additional criteria established by the state 5372
board for the granting of such a diploma. 5373

        An honors diploma shall not be granted to a student who is 5374
subject to the Ohio core curriculumrequirements prescribed in 5375
division (C) of section 3313.603 of the Revised Code but elects 5376
the option of division (D) or (F) of that section. Except as 5377
provided in divisions (C), (E), and (J) of this section, no honors 5378
diploma shall be granted to anyone failing to comply with this 5379
division and no more than one honors diploma shall be granted to 5380
any student under this division.5381

       The state board shall adopt rules prescribing the granting of 5382
honors diplomas under this division. These rules may prescribe the 5383
granting of honors diplomas that recognize a student's achievement 5384
as a whole or that recognize a student's achievement in one or 5385
more specific subjects or both. The rules may prescribe the 5386
granting of an honors diploma recognizing technical expertise for 5387
a career-technical student. In any case, the rules shall designate 5388
two or more criteria for the granting of each type of honors 5389
diploma the board establishes under this division and the number 5390
of such criteria that must be met for the granting of that type of 5391
diploma. The number of such criteria for any type of honors 5392
diploma shall be at least one less than the total number of 5393
criteria designated for that type and no one or more particular 5394
criteria shall be required of all persons who are to be granted 5395
that type of diploma.5396

       (C) Any district board administering any of the assessments 5397
required by section 3301.0710 of the Revised Code to any person 5398
requesting to take such assessment pursuant to division (B)(8)(b) 5399
of section 3301.0711 of the Revised Code shall award a diploma to 5400
such person if the person attains at least the applicable scores 5401
designated under division (B)(1) of section 3301.0710 of the 5402
Revised Code on all the assessments administered and if the person 5403
has previously attained the applicable scores on all the other 5404
assessments required by division (B)(1) of that section or has 5405
been exempted or excused from attaining the applicable score on 5406
any such assessment pursuant to division (H) or (L) of this 5407
section or from taking any such assessment pursuant to section 5408
3313.532 of the Revised Code.5409

       (D) Each diploma awarded under this section shall be signed 5410
by the president and treasurer of the issuing board, the 5411
superintendent of schools, and the principal of the high school. 5412
Each diploma shall bear the date of its issue, be in such form as 5413
the district board prescribes, and be paid for out of the 5414
district's general fund.5415

       (E) A person who is a resident of Ohio and is eligible under 5416
state board of education minimum standards to receive a high 5417
school diploma based in whole or in part on credits earned while 5418
an inmate of a correctional institution operated by the state or 5419
any political subdivision thereof, shall be granted such diploma 5420
by the correctional institution operating the programs in which 5421
such credits were earned, and by the board of education of the 5422
school district in which the inmate resided immediately prior to 5423
the inmate's placement in the institution. The diploma granted by 5424
the correctional institution shall be signed by the director of 5425
the institution, and by the person serving as principal of the 5426
institution's high school and shall bear the date of issue.5427

       (F) Persons who are not residents of Ohio but who are inmates 5428
of correctional institutions operated by the state or any 5429
political subdivision thereof, and who are eligible under state 5430
board of education minimum standards to receive a high school 5431
diploma based in whole or in part on credits earned while an 5432
inmate of the correctional institution, shall be granted a diploma 5433
by the correctional institution offering the program in which the 5434
credits were earned. The diploma granted by the correctional 5435
institution shall be signed by the director of the institution and 5436
by the person serving as principal of the institution's high 5437
school and shall bear the date of issue.5438

       (G) The state board of education shall provide by rule for 5439
the administration of the assessments required by section5440
sections 3301.0710 and 3301.0712 of the Revised Code to inmates of 5441
correctional institutions.5442

       (H) Any person to whom all of the following apply shall be 5443
exempted from attaining the applicable score on the assessment in 5444
social studies designated under division (B)(1) of section 5445
3301.0710 of the Revised Code, any American history end-of-course 5446
examination and any American government end-of-course examination 5447
required under division (B)(2) of that section 3301.0712 of the 5448
Revised Code if such an exemption is prescribed by rule of the 5449
state board under division (D)(4)(3) of section 3301.0712 of the 5450
Revised Code, or the test in citizenship designated under former 5451
division (B) of section 3301.0710 of the Revised Code as it 5452
existed prior to September 11, 2001:5453

       (1) The person is not a citizen of the United States;5454

       (2) The person is not a permanent resident of the United 5455
States;5456

       (3) The person indicates no intention to reside in the United 5457
States after the completion of high school.5458

       (I) Notwithstanding division (D) of section 3311.19 and 5459
division (D) of section 3311.52 of the Revised Code, this section 5460
and section 3311.6113313.611 of the Revised Code do not apply to 5461
the board of education of any joint vocational school district or 5462
any cooperative education school district established pursuant to 5463
divisions (A) to (C) of section 3311.52 of the Revised Code.5464

       (J) Upon receipt of a notice under division (D) of section 5465
3325.08 or division (D) of section 3328.25 of the Revised Code 5466
that a student has received a diploma under either section, the 5467
board of education receiving the notice may grant a high school 5468
diploma under this section to the student, except that such board 5469
shall grant the student a diploma if the student meets the 5470
graduation requirements that the student would otherwise have had 5471
to meet to receive a diploma from the district. The diploma 5472
granted under this section shall be of the same type the notice 5473
indicates the student received under section 3325.08 or 3328.25 of 5474
the Revised Code.5475

       (K) As used in this division, "limited English proficient 5476
student" has the same meaning as in division (C)(3) of section 5477
3301.0711 of the Revised Code.5478

        Notwithstanding division (C)(3) of section 3301.0711 of the 5479
Revised Code, no limited English proficient student who has not 5480
either attained the applicable scores designated under division 5481
(B)(1) of section 3301.0710 of the Revised Code on all the 5482
assessments required by that division, or met the requirements of 5483
the assessments required by division (B)(2) of thatrequirement 5484
prescribed by section 3313.618 of the Revised Code, shall be 5485
awarded a diploma under this section.5486

       (L) Any student described by division (A)(1) of this section 5487
may be awarded a diploma without attaining the applicable scores 5488
designated on the assessmentsmeeting the requirement prescribed 5489
under division (B) ofby section 3301.07103313.618 of the 5490
Revised Code provided an individualized education program 5491
specifically exempts the student from attainingmeeting such 5492
scoresrequirement. This division does not negate the requirement 5493
for such a student to take all suchthe assessments prescribed by 5494
section 3301.0710 or under division (B) of section 3301.0712 of 5495
the Revised Code, or alternate assessments required by division 5496
(C)(1) of section 3301.0711 of the Revised Code, for the purpose 5497
of assessing student progress as required by federal law.5498

       Sec. 3313.611.  (A) The state board of education shall adopt, 5499
by rule, standards for awarding high school credit equivalent to 5500
credit for completion of high school academic and vocational 5501
education courses to applicants for diplomas under this section. 5502
The standards may permit high school credit to be granted to an 5503
applicant for any of the following:5504

       (1) Work experiences or experiences as a volunteer;5505

       (2) Completion of academic, vocational, or self-improvement 5506
courses offered to persons over the age of twenty-one by a 5507
chartered public or nonpublic school;5508

       (3) Completion of academic, vocational, or self-improvement 5509
courses offered by an organization, individual, or educational 5510
institution other than a chartered public or nonpublic school;5511

       (4) Other life experiences considered by the board to provide 5512
knowledge and learning experiences comparable to that gained in a 5513
classroom setting.5514

       (B) The board of education of any city, exempted village, or 5515
local school district that operates a high school shall grant a 5516
diploma of adult education to any applicant if all of the 5517
following apply:5518

       (1) The applicant is a resident of the district;5519

       (2) The applicant is over the age of twenty-one and has not 5520
been issued a diploma as provided in section 3313.61 of the 5521
Revised Code;5522

       (3) Subject to section 3313.614 of the Revised Code, the 5523
applicant has met the assessment requirements of division 5524
(B)(3)(a) or (b) of this section, as applicable.5525

       (a) Prior to the date prescribed by rule of the state board 5526
under division (D)(3) of section 3301.0712 of the Revised Code5527
July 1, 2014, the applicant either:5528

       (i) Has attained the applicable scores designated under 5529
division (B)(1) of section 3301.0710 of the Revised Code on all of 5530
the assessments required by that division or was excused or 5531
exempted from any such assessment pursuant to section 3313.532 or 5532
was exempted from attaining the applicable score on any such 5533
assessment pursuant to division (H) or (L) of section 3313.61 of 5534
the Revised Code;5535

       (ii) Has satisfied the alternative conditions prescribed in 5536
section 3313.615 of the Revised Code.5537

       (b) On or after the date prescribed by rule of the state 5538
board under division (D)(3) of section 3301.0712 of the Revised 5539
CodeJuly 1, 2014, has met the requirements of the entire 5540
assessment systemrequirement prescribed under division (B)(2) of5541
by section 3301.07103313.618 of the Revised Code, except and only 5542
to the extent that the applicant is excused from some portion of 5543
that assessment systemsection pursuant to section 3313.532 of the 5544
Revised Code or division (H) or (L) of section 3313.61 of the 5545
Revised Code.5546

       (4) The district board determines, in accordance with the 5547
standards adopted under division (A) of this section, that the 5548
applicant has attained sufficient high school credits, including 5549
equivalent credits awarded under such standards, to qualify as 5550
having successfully completed the curriculum required by the 5551
district for graduation.5552

       (C) If a district board determines that an applicant is not 5553
eligible for a diploma under division (B) of this section, it 5554
shall inform the applicant of the reason the applicant is 5555
ineligible and shall provide a list of any courses required for 5556
the diploma for which the applicant has not received credit. An 5557
applicant may reapply for a diploma under this section at any 5558
time.5559

       (D) If a district board awards an adult education diploma 5560
under this section, the president and treasurer of the board and 5561
the superintendent of schools shall sign it. Each diploma shall 5562
bear the date of its issuance, be in such form as the district 5563
board prescribes, and be paid for from the district's general 5564
fund, except that the state board may by rule prescribe standard 5565
language to be included on each diploma.5566

       (E) As used in this division, "limited English proficient 5567
student" has the same meaning as in division (C)(3) of section 5568
3301.0711 of the Revised Code.5569

        Notwithstanding division (C)(3) of section 3301.0711 of the 5570
Revised Code, no limited English proficient student who has not 5571
either attained the applicable scores designated under division 5572
(B)(1) of section 3301.0710 of the Revised Code on all the 5573
assessments required by that division, or has not met the 5574
requirements of the assessments requiredrequirement prescribed by 5575
division (B)(2) of that section 3313.618 of the Revised Code, 5576
shall be awarded a diploma under this section.5577

       Sec. 3313.612.  (A) No nonpublic school chartered by the 5578
state board of education shall grant a high school diploma to any 5579
person unless, subject to section 3313.614 of the Revised Code, 5580
the person has met the assessment requirements of division (A)(1) 5581
or (2) of this section, as applicable.5582

       (1) If the person entered the ninth grade prior to the date 5583
prescribed by rule of the state board under division (D)(2) of 5584
section 3301.0712 of the Revised CodeJuly 1, 2014, the person has 5585
attained at least the applicable scores designated under division 5586
(B)(1) of section 3301.0710 of the Revised Code on all the 5587
assessments required by that division, or has satisfied the 5588
alternative conditions prescribed in section 3313.615 of the 5589
Revised Code.5590

       (2) If the person entered the ninth grade on or after the 5591
date prescribed by rule of the state board under division (E)(2) 5592
of section 3301.0712 of the Revised CodeJuly 1, 2014, the person 5593
has met the requirements of the entire assessment system5594
requirement prescribed under division (B)(2) ofby section 5595
3301.07103313.618 of the Revised Code.5596

       (B) This section does not apply to any of the following:5597

       (1) Any person with regard to any assessment from which the 5598
person was excused pursuant to division (C)(1)(c) of section 5599
3301.0711 of the Revised Code;5600

       (2) Any person that attends a nonpublic school accredited 5601
through the independent school association of the central states5602
acting in accordance with division (D) of this section with regard 5603
to any end-of-course examination required under divisions (B)(2) 5604
and (3) of section 3301.0712 of the Revised Code;5605

        (3) Any person with regard to the social studies assessment 5606
under division (B)(1) of section 3301.0710 of the Revised Code, 5607
any American history end-of-course examination and any American 5608
government end-of-course examination required under division 5609
(B)(2) of that section 3301.0712 of the Revised Code if such an 5610
exemption is prescribed by rule of the state board of education 5611
under division (D)(4)(3) of section 3301.0712 of the Revised Code, 5612
or the citizenship test under former division (B) of section 5613
3301.0710 of the Revised Code as it existed prior to September 11, 5614
2001, if all of the following apply:5615

       (a) The person is not a citizen of the United States;5616

       (b) The person is not a permanent resident of the United 5617
States;5618

       (c) The person indicates no intention to reside in the United 5619
States after completion of high school.5620

       (C) As used in this division, "limited English proficient 5621
student" has the same meaning as in division (C)(3) of section 5622
3301.0711 of the Revised Code.5623

        Notwithstanding division (C)(3) of section 3301.0711 of the 5624
Revised Code, no limited English proficient student who has not 5625
either attained the applicable scores designated under division 5626
(B)(1) of section 3301.0710 of the Revised Code on all the 5627
assessments required by that division, or met the requirements of 5628
the assessments under division (B)(2) of thatrequirement 5629
prescribed by section 3313.618 of the Revised Code, shall be 5630
awarded a diploma under this section.5631

       (D) A nonpublic school chartered by the state board may forgo 5632
the end-of-course examinations required by divisions (B)(2) and 5633
(3) of section 3301.0712 of the Revised Code, if that school 5634
publishes the results of the standardized assessment prescribed 5635
under division (B)(1) of section 3301.0712 of the Revised Code for 5636
each graduating class. The published results shall include the 5637
overall composite scores, mean scores, twenty-fifth percentile 5638
scores, and seventy-fifth percentile scores for each subject area 5639
of the assessment.5640

       (E) The state board shall not impose additional requirements 5641
or assessments for the granting of a high school diploma under 5642
this section that are not prescribed by this section.5643

       (F) The department of education shall furnish the assessment 5644
administered by a nonpublic school pursuant to division (B)(1) of 5645
section 3301.0712 of the Revised Code.5646

       (G) The exemption provided for in divisions (B)(2) and (D) of 5647
this section shall be effective on and after October 1, 2015, but 5648
only if the general assembly does not enact different requirements 5649
regarding end-of-course examinations for chartered nonpublic 5650
schools that are effective by that date.5651

       Sec. 3313.614.  (A) As used in this section, a person 5652
"fulfills the curriculum requirement for a diploma" at the time 5653
one of the following conditions is satisfied:5654

       (1) The person successfully completes the high school 5655
curriculum of a school district, a community school, a chartered 5656
nonpublic school, or a correctional institution.5657

       (2) The person successfully completes the individualized 5658
education program developed for the person under section 3323.08 5659
of the Revised Code.5660

       (3) A board of education issues its determination under 5661
section 3313.611 of the Revised Code that the person qualifies as 5662
having successfully completed the curriculum required by the 5663
district.5664

       (B) This division specifies the assessment requirements that 5665
must be fulfilled as a condition toward granting high school 5666
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 5667
of the Revised Code.5668

       (1) A person who fulfills the curriculum requirement for a 5669
diploma before September 15, 2000, is not required to pass any 5670
proficiency test or achievement test in science as a condition to 5671
receiving a diploma.5672

       (2) A person who began ninth grade prior to July 1, 2003, is 5673
not required to pass the Ohio graduation test prescribed under 5674
division (B)(1) of section 3301.0710 or any assessment prescribed 5675
under division (B)(2) of that section in any subject as a 5676
condition to receiving a diploma once the person has passed the 5677
ninth grade proficiency test in the same subject, so long as the 5678
person passed the ninth grade proficiency test prior to September 5679
15, 2008. However, any such person who passes the Ohio graduation 5680
test in any subject prior to passing the ninth grade proficiency 5681
test in the same subject shall be deemed to have passed the ninth 5682
grade proficiency test in that subject as a condition to receiving 5683
a diploma. For this purpose, the ninth grade proficiency test in 5684
citizenship substitutes for the Ohio graduation test in social 5685
studies. If a person began ninth grade prior to July 1, 2003, but 5686
does not pass a ninth grade proficiency test or the Ohio 5687
graduation test in a particular subject before September 15, 2008, 5688
and passage of a test in that subject is a condition for the 5689
person to receive a diploma, the person must pass the Ohio 5690
graduation test instead of the ninth grade proficiency test in 5691
that subject to receive a diploma.5692

       (3) A person who begins ninth grade on or after July 1, 2003, 5693
in a school district, community school, or chartered nonpublic 5694
school is not eligible to receive a diploma based on passage of 5695
ninth grade proficiency tests. Each such person who begins ninth 5696
grade prior to the date prescribed by the state board of education 5697
under division (D)(5) of section 3301.0712 of the Revised Code5698
July 1, 2014, must pass Ohio graduation tests to meet the 5699
assessment requirements applicable to that person as a condition 5700
to receiving a diploma.5701

        (4) A person who begins ninth grade on or after the date 5702
prescribed by the state board of education under division (D)(5) 5703
of section 3301.0712 of the Revised CodeJuly 1, 2014, is not 5704
eligible to receive a diploma based on passage of the Ohio 5705
graduation tests. Each such person must meet the requirements of 5706
the entire assessment systemrequirement prescribed under division 5707
(B)(2) ofby section 3301.07103313.618 of the Revised Code.5708

       (C) This division specifies the curriculum requirement that 5709
shall be completed as a condition toward granting high school 5710
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 5711
of the Revised Code.5712

       (1) A person who is under twenty-two years of age when the 5713
person fulfills the curriculum requirement for a diploma shall 5714
complete the curriculum required by the school district or school 5715
issuing the diploma for the first year that the person originally 5716
enrolled in high school, except for a person who qualifies for 5717
graduation from high school under either division (D) or (F) of 5718
section 3313.603 of the Revised Code.5719

       (2) Once a person fulfills the curriculum requirement for a 5720
diploma, the person is never required, as a condition of receiving 5721
a diploma, to meet any different curriculum requirements that take 5722
effect pending the person's passage of proficiency tests or 5723
achievement tests or assessments, including changes mandated by 5724
section 3313.603 of the Revised Code, the state board, a school 5725
district board of education, or a governing authority of a 5726
community school or chartered nonpublic school.5727

       Sec. 3313.615.  This section shall apply to diplomas awarded 5728
after September 15, 2006, to students who are required to take the 5729
five Ohio graduation tests prescribed by division (B)(1) of 5730
section 3301.0710 of the Revised Code. This section does not apply 5731
to any student who enters ninth grade for the first time on or 5732
after July 1, 2014.5733

       (A) As an alternative to the requirement that a person attain 5734
the scores designated under division (B)(1) of section 3301.0710 5735
of the Revised Code on all the assessments required under that 5736
division in order to be eligible for a high school diploma or an 5737
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the 5738
Revised Code or for a diploma of adult education under section 5739
3313.611 of the Revised Code, a person who has attained at least 5740
the applicable scores designated under division (B)(1) of section 5741
3301.0710 of the Revised Code on all but one of the assessments 5742
required by that division and from which the person was not 5743
excused or exempted, pursuant to division (L) of section 3313.61, 5744
division (B)(1) of section 3313.612, or section 3313.532 of the 5745
Revised Code, may be awarded a diploma or honors diploma if the 5746
person has satisfied all of the following conditions:5747

       (1) On the one assessment required under division (B)(1) of 5748
section 3301.0710 of the Revised Code for which the person failed 5749
to attain the designated score, the person missed that score by 5750
ten points or less;5751

       (2) Has a ninety-seven per cent school attendance rate in 5752
each of the last four school years, excluding any excused 5753
absences;5754

       (3) Has not been expelled from school under section 3313.66 5755
of the Revised Code in any of the last four school years;5756

       (4) Has a grade point average of at least 2.5 out of 4.0, or 5757
its equivalent as designated in rules adopted by the state board 5758
of education, in the subject area of the assessment required under 5759
division (B)(1) of section 3301.0710 of the Revised Code for which 5760
the person failed to attain the designated score;5761

       (5) Has completed the high school curriculum requirements 5762
prescribed in section 3313.603 of the Revised Code or has 5763
qualified under division (D) or (F) of that section;5764

       (6) Has taken advantage of any intervention programs provided 5765
by the school district or school in the subject area described in 5766
division (A)(4) of this section and has a ninety-seven per cent 5767
attendance rate, excluding any excused absences, in any of those 5768
programs that are provided at times beyond the normal school day, 5769
school week, or school year or has received comparable 5770
intervention services from a source other than the school district 5771
or school;5772

       (7) Holds a letter recommending graduation from each of the 5773
person's high school teachers in the subject area described in 5774
division (A)(4) of this section and from the person's high school 5775
principal.5776

       (B) The state board of education shall establish rules 5777
designating grade point averages equivalent to the average 5778
specified in division (A)(4) of this section for use by school 5779
districts and schools with different grading systems.5780

       (C) Any student who is exempt from attaining the applicable 5781
score designated under division (B)(1) of section 3301.0710 of the 5782
Revised Code on the Ohio graduation test in social studies 5783
pursuant to division (H) of section 3313.61 or division (B)(3) of 5784
section 3313.612 of the Revised Code shall not qualify for a high 5785
school diploma under this section, unless, notwithstanding the 5786
exemption, the student attains the applicable score on that 5787
assessment. If the student attains the applicable score on that 5788
assessment, the student may qualify for a diploma under this 5789
section in the same manner as any other student who is required to 5790
take the five Ohio graduation tests prescribed by division (B)(1) 5791
of section 3301.0710 of the Revised Code.5792

       Sec. 3313.617. (A) A person who meets all of the following 5793
criteria shall be permitted to take the tests of general 5794
educational development:5795

       (1) The person is at least eighteen years of age.5796

       (2) The person is officially withdrawn from school.5797

       (3) The person has not received a high school diploma or 5798
honors diploma awarded under section 3313.61, 3313.611, 3313.612, 5799
or 3325.08 of the Revised Code.5800

       (B) When a person who is at least sixteen years of age but 5801
less than nineteeneighteen years of age applies to the department 5802
of education to take the tests of general educational development, 5803
the person shall submit with the application written approval from 5804
the superintendent of the school district in which the person was 5805
last enrolled, or the superintendent's designee, except that if 5806
the person was last enrolled in a community school established 5807
under Chapter 3314. of the Revised Code or a science, technology, 5808
engineering, and mathematics school established under Chapter 5809
3326. of the Revised Code, the approval shall be from the 5810
principal of the school, or the principal's designee. The 5811
department may require the person also to submit written approval 5812
from the person's parent or guardian or a court official, if the 5813
person is younger than eighteen years of age.5814

       (B)(C) For the purpose of calculating graduation rates for 5815
the school district and building report cards under section 5816
3302.03 of the Revised Code, the department shall count any person 5817
for whom approval is obtained from the superintendent or 5818
principal, or a designee,person's parent or guardian or a court 5819
official under division (A)(B) of this section as a dropout from 5820
the district or school in which the person was last enrolled prior 5821
to obtaining the approval.5822

       Sec. 3313.618. (A) In addition to the applicable curriculum 5823
requirements, each student entering ninth grade for the first time 5824
on or after July 1, 2014, shall satisfy at least one of the 5825
following conditions in order to qualify for a high school 5826
diploma:5827

       (1) Be remediation-free, in accordance with standards adopted 5828
under division (F) of section 3345.061 of the Revised Code, on 5829
each of the nationally standardized assessments in English, 5830
mathematics, and reading;5831

       (2) Attain a score specified under division (B)(5)(c) of 5832
section 3301.0712 of the Revised Code on the end-of-course 5833
examinations prescribed under division (B) of section 3301.0712 of 5834
the Revised Code. For any student who is exempt from taking an 5835
end-of-course examination under division (B)(6) of section 5836
3301.0712 of the Revised Code, in determining whether that student 5837
has attained the cumulative score prescribed by division (B)(5)(c) 5838
of that section, that student shall be considered to have attained 5839
a proficient score on the exempted examination.5840

       (3) Attain a score that demonstrates workforce readiness and 5841
employability on a nationally recognized job skills assessment 5842
selected by the state board of education under division (G) of 5843
section 3301.0712 of the Revised Code and obtain either an 5844
industry-recognized credential, as described under division 5845
(B)(2)(d) of section 3302.03 of the Revised Code, or a license 5846
issued by a state agency or board for practice in a vocation that 5847
requires an examination for issuance of that license.5848

       The state board shall approve the industry-recognized 5849
credentials and licenses that may qualify a student for a high 5850
school diploma under division (A)(3) of this section.5851

       A student may choose to qualify for a high school diploma by 5852
satisfying any of the separate requirements prescribed by 5853
divisions (A)(1) to (3) of this section. If the student's school 5854
district or school does not administer the examination prescribed 5855
by one of those divisions that the student chooses to take to 5856
satisfy the requirements of this section, the school district or 5857
school may require that student to arrange for the applicable 5858
scores to be sent directly to the district or school by the 5859
company or organization that administers the examination.5860

       (B) The state board of education shall not create or require 5861
any additional assessment for the granting of any type of high 5862
school diploma other than as prescribed by this section. The state 5863
board shall not create any endorsement or designation that may be 5864
affiliated with a high school diploma.5865

       Sec. 3313.843.  (A) Notwithstanding division (D) of section 5866
3311.52 of the Revised Code, this section does not apply to any 5867
cooperative education school district.5868

       (B)(1) The board of education of each city, exempted village, 5869
or local school district with an average daily student enrollment 5870
of sixteen thousand or less, reported for the district on the most 5871
recent report card issued under section 3302.03 of the Revised 5872
Code, shall enter into an agreement with the governing board of an 5873
educational service center, under which the educational service 5874
center governing board will provide services to the district.5875

       (2) The board of education of a city, exempted village, or 5876
local school district with an average daily student enrollment of 5877
more than sixteen thousand may enter into an agreement with the 5878
governing board of an educational service center, under which the 5879
educational service center governing board will provide services 5880
to the district.5881

       (3) Services provided under an agreement entered into under 5882
division (B)(1) or (2) of this section shall be specified in the 5883
agreement, and may include any of the following: supervisory 5884
teachers; in-service and continuing education programs for 5885
district personnel; curriculum services; research and development 5886
programs; academic instruction for which the governing board 5887
employs teachers pursuant to section 3319.02 of the Revised Code; 5888
assistance in the provision of special accommodations and classes 5889
for students with disabilities; or any other services the district 5890
board and service center governing board agree can be better 5891
provided by the service center and are not provided under an 5892
agreement entered into under section 3313.845 of the Revised Code. 5893
Services included in the agreement shall be provided to the 5894
district in the manner specified in the agreement. The district 5895
board of education shall reimburse the educational service center 5896
governing board pursuant to division (H) of this section.5897

       (C) Any agreement entered into pursuant to this section shall 5898
be filed with the department of education by the first day of July 5899
of the school year for which the agreement is in effect.5900

       (D)(1) An agreement for services from an educational service 5901
center entered into under this section may be terminated by the 5902
school district board of education, at its option, by notifying 5903
the governing board of the service center by March 1, 2012, or by 5904
the first day of January of any odd-numbered year thereafter, that 5905
the district board intends to terminate the agreement in that 5906
year, and that termination shall be effective on the thirtieth day 5907
of June of that year. The failure of a district board to notify an 5908
educational service center of its intent to terminate an agreement 5909
by March 1, 2012, shall result in renewal of the existing 5910
agreement for the following school year. Thereafter, the failure 5911
of a district board to notify an educational service center of its 5912
intent to terminate an agreement by the first day of January of an 5913
odd-numbered year shall result in renewal of the existing 5914
agreement for the following two school years.5915

       (2) If the school district that terminates an agreement for 5916
services under division (D)(1) of this section is also subject to 5917
the requirement of division (B)(1) of this section, the district 5918
board shall enter into a new agreement with any educational 5919
service center so that the new agreement is effective on the first 5920
day of July of that same year.5921

       (3) If all moneys owed by a school district to an educational 5922
service center under an agreement for services terminated under 5923
division (D)(1) of this section have been paid in full by the 5924
effective date of the termination, the governing board of the 5925
service center shall submit an affidavit to the department 5926
certifying that fact not later than fifteen days after the 5927
termination's effective date. Notwithstanding anything in the 5928
Revised Code to the contrary, until the department receives such 5929
an affidavit, it shall not make any payments to any other 5930
educational service center with which the district enters into an 5931
agreement under this section for services that the educational 5932
service center provides to the district.5933

        (E) An educational service center may apply to any state or 5934
federal agency for competitive grants. It may also apply to any 5935
private entity for additional funds. 5936

       (F) Not later than January 1, 2014, each educational service 5937
center shall post on its web site a list of all of the services 5938
that it provides and the corresponding cost for each of those 5939
services.5940

       (G)(1) For purposes of calculating any state operating5941
subsidy to be paid to an educational service center for the 5942
operation of that service center and any services required under 5943
Title XXXIII of the Revised Code to be provided by the service 5944
center to a school district, the service center's student count 5945
shall be the sum of the total student counts of all the school 5946
districts with which the educational service center has entered 5947
into an agreement under this section.5948

        (2) When a district enters into a new agreement with a new 5949
educational service center, the department of education shall 5950
ensure that the state operating subsidy for services provided to 5951
the district is paid to the new educational service center and 5952
that the educational service center with which the district 5953
previously had an agreement is no longer paid a state operating5954
subsidy for providing services to that district. 5955

       (H) Pursuant to division (B) of section 3317.023 of the 5956
Revised Code, the department annually shall deduct from each 5957
school district that enters into an agreement with an educational 5958
service center under this section, and pay to the service center, 5959
an amount equal to six dollars and fifty cents times the school 5960
district's total student count. The district board of education, 5961
or the district superintendent acting on behalf of the district 5962
board, may agree to pay an amount in excess of six dollars and 5963
fifty cents per student in total student count. If a majority of 5964
the boards of education, or superintendents acting on behalf of 5965
the boards, of the districts that entered into an agreement under 5966
this section approve an amount in excess of six dollars and fifty 5967
cents per student in total student count, each district shall pay 5968
the excess amount to the service center.5969

        (I) For purposes of this section, a school district's "total 5970
student count" means the average daily student enrollment reported 5971
on the most recent report card issued for the district pursuant to 5972
section 3302.03 of the Revised Code.5973

       Sec. 3313.90.  As used in this section, "formula ADM" has the 5974
same meaning as in section 3317.02 of the Revised Code. 5975
Notwithstanding division (D) of section 3311.19 and division (D) 5976
of section 3311.52 of the Revised Code, the provisions of this 5977
section that apply to a city school district do not apply to any 5978
joint vocational or cooperative education school district.5979

       (A) EachExcept as provided in division (B) of this section, 5980
each city, local, and exempted village school district shall, by 5981
one of the following means, provide vocationalto students 5982
enrolled in grades seven through twelve career-technical education 5983
adequate to prepare a pupilstudent enrolled therein for an 5984
occupation:5985

       (1) Establishing and maintaining a vocational5986
career-technical education program that meets standards adopted by 5987
the state board of education;5988

       (2) Being a member of a joint vocational school district that 5989
meets standards adopted by the state board;5990

       (3) Contracting for vocationalcareer-technical education 5991
with a joint vocational school district or another school district 5992
that meets the standards adopted by the state board.5993

       The standards of the state board of education shall include 5994
criteria for the participation by nonpublic students in vocational5995
career-technical education programs without financial assessment, 5996
charge, or tuition to such student except such assessments, 5997
charges, or tuition paid by resident public school students in 5998
such programs. Such nonpublic school students shall be included in 5999
the formula ADM of the school district maintaining the vocational6000
career-technical education program as part-time students in 6001
proportion to the time spent in the vocationalcareer-technical6002
education program.6003

       By the thirtieth day of October of each year, the 6004
superintendent of public instruction shall determine and certify 6005
to the superintendent of each school district subject to this 6006
section either that the district is in compliance with the 6007
requirements of this section for the current school year or that 6008
the district is not in compliance. If the superintendent certifies 6009
that the district is not in compliance, he shall notify the board 6010
of education of the district of the actions necessary to bring the 6011
district into compliance with this section.6012

       In meeting standards established by the state board of 6013
education, school districts, where practicable, shall provide6014
vocationalcareer-technical education programs in high schools. A 6015
minimum enrollment of fifteen hundred pupilsstudents in grades 6016
nine through twelve is established as a base for comprehensive 6017
vocationalcareer-technical education course offerings. Beginning 6018
with the 2015-2016 school year, this base shall increase to a 6019
minimum enrollment of two thousand two hundred fifty students in 6020
grades seven through twelve. A school district may meet this 6021
requirement alone, through a cooperative arrangement pursuant to 6022
section 3313.92 of the Revised Code, through school district 6023
consolidation, by membership in a joint vocational school 6024
district, by contract with a school district, by contract with a 6025
school licensed by any state agency established by the Revised 6026
Code which school operates its courses offered for contracting 6027
with public schools under standards as to staffing and facilities 6028
comparable to those prescribed by the state board of education for 6029
public schools provided no instructor in such courses shall be 6030
required to be certificated by the state department of education, 6031
or in a combination of such ways. Exceptions to the minimum 6032
requirement of fifteen hundred pupilsenrollment prescribed by 6033
this section may be made by the state board of education based on 6034
sparsity of population or other factors indicating that 6035
comprehensive educational and vocationalcareer-technical 6036
education programs as required by this section can be provided 6037
through an alternate plan.6038

       (B) Approval of state funds for the construction and 6039
operation of vocational facilities in any city, local, or exempted 6040
village school district shall be contingent upon a comprehensive 6041
vocational program plan approved by the state board of education 6042
no later than July 1, 1970. The state board of education shall not 6043
approve a school district plan unless the plan proposed reasonably 6044
meets the vocational needs of other school districts in the 6045
general area of the school districts in the general area of the 6046
school district submitting the plan. The plan shall be submitted 6047
to the state board of education no later than April 1, 1970. Such 6048
plan shall contain:6049

       (1) The organization for vocational education pursuant to the 6050
requirements of this section;6051

       (2) Vocational programs to be offered in the respective 6052
comprehensive high schools, in specialized schools or skill 6053
centers, and in joint vocational schools;6054

       (3) Remodeled, additional, and new vocational facilities 6055
required at the respective locations.6056

       In approving the organization for vocational education the 6057
state board of education shall provide that no city, local, or 6058
exempted village school district is excluded in the statewide plan6059
If the board of education of a city, local, or exempted village 6060
school district adopts a resolution that specifies the district's 6061
intent not to provide career-technical education to students 6062
enrolled in grades seven and eight for a particular school year 6063
and submits that resolution to the department by the thirtieth day 6064
of September of that school year, the department shall waive the 6065
requirement for that district to provide career-technical 6066
education to students enrolled in grades seven and eight for that 6067
particular school year.6068

       Sec. 3313.976.  (A) No private school may receive scholarship 6069
payments from parents pursuant to section 3313.979 of the Revised 6070
Code until the chief administrator of the private school registers 6071
the school with the superintendent of public instruction. The 6072
state superintendent shall register any school that meets the 6073
following requirements:6074

       (1) The school is located within the boundaries of the pilot 6075
project school district;6076

       (2) The school indicates in writing its commitment to follow 6077
all requirements for a state-sponsored scholarship program 6078
specified under sections 3313.974 to 3313.979 of the Revised Code, 6079
including, but not limited to, the requirements for admitting 6080
students pursuant to section 3313.977 of the Revised Code;6081

       (3) The school meets all state minimum standards for 6082
chartered nonpublic schools in effect on July 1, 1992, except that 6083
the state superintendent at the superintendent's discretion may 6084
register nonchartered nonpublic schools meeting the other 6085
requirements of this division;6086

       (4) The school does not discriminate on the basis of race, 6087
religion, or ethnic background;6088

       (5) The school enrolls a minimum of ten students per class or 6089
a sum of at least twenty-five students in all the classes offered;6090

       (6) The school does not advocate or foster unlawful behavior 6091
or teach hatred of any person or group on the basis of race, 6092
ethnicity, national origin, or religion;6093

       (7) The school does not provide false or misleading 6094
information about the school to parents, students, or the general 6095
public;6096

       (8) For students in grades kindergarten through eight with 6097
family incomes at or below two hundred per cent of the federal 6098
poverty guidelines, as defined in section 5104.46 of the Revised 6099
Code, the school agrees not to charge any tuition in excess of the 6100
scholarship amount established pursuant to division (C)(1) of 6101
section 3313.978 of the Revised Code, excluding any increase 6102
described in division (C)(2) of that section. 6103

       (9) For students in grades kindergarten through eight with 6104
family incomes above two hundred per cent of the federal poverty 6105
guidelines, whose scholarship amounts are less than the actual 6106
tuition charge of the school, the school agrees not to charge any 6107
tuition in excess of the difference between the actual tuition 6108
charge of the school and the scholarship amount established 6109
pursuant to division (C)(1) of section 3313.978 of the Revised 6110
Code, excluding any increase described in division (C)(2) of that 6111
section. The school shall permit such tuition, at the discretion 6112
of the parent, to be satisfied by the family's provision of 6113
in-kind contributions or services.6114

       (10) The school agrees not to charge any tuition to families 6115
of students in grades nine through twelve receiving a scholarship 6116
in excess of the actual tuition charge of the school less the 6117
scholarship amount established pursuant to division (C)(1) of 6118
section 3313.978 of the Revised Code, excluding any increase 6119
described in division (C)(2) of that section.6120

       (11) If the school is not subject to division (K)(1)(a) of 6121
section 3301.0711 of the Revised Code, it annually administers the 6122
applicable assessments prescribed by section 3301.0710 or 6123
3301.0712 of the Revised Code to each scholarship student enrolled 6124
in the school in accordance with section 3301.0711 or 3301.0712 of 6125
the Revised Code and reports to the department of education the 6126
results of each such assessment administered to each scholarship 6127
student.6128

       (B) The state superintendent shall revoke the registration of 6129
any school if, after a hearing, the superintendent determines that 6130
the school is in violation of any of the provisions of division 6131
(A) of this section.6132

       (C) Any public school located in a school district adjacent 6133
to the pilot project district may receive scholarship payments on 6134
behalf of parents pursuant to section 3313.979 of the Revised Code 6135
if the superintendent of the district in which such public school 6136
is located notifies the state superintendent prior to the first 6137
day of March that the district intends to admit students from the 6138
pilot project district for the ensuing school year pursuant to 6139
section 3327.06 of the Revised Code.6140

       (D) Any parent wishing to purchase tutorial assistance from 6141
any person or governmental entity pursuant to the pilot project 6142
program under sections 3313.974 to 3313.979 of the Revised Code 6143
shall apply to the state superintendent. The state superintendent 6144
shall approve providers who appear to possess the capability of 6145
furnishing the instructional services they are offering to 6146
provide.6147

       Sec. 3314.02.  (A) As used in this chapter:6148

       (1) "Sponsor" means the board of education of a school 6149
district or the governing board of an educational service center 6150
that agrees to the conversion of all or part of a school or 6151
building under division (B) of this section, or an entity listed 6152
in division (C)(1) of this section, which either has been approved 6153
by the department of education to sponsor community schools or is 6154
exempted by section 3314.021 or 3314.027 of the Revised Code from 6155
obtaining approval, and with which the governing authority of a 6156
community school enters into a contract under section 3314.03 of 6157
the Revised Code.6158

       (2) "Pilot project area" means the school districts included 6159
in the territory of the former community school pilot project 6160
established by former Section 50.52 of Am. Sub. H.B. No. 215 of 6161
the 122nd general assembly.6162

       (3) "Challenged school district" means any of the following:6163

       (a) A school district that is part of the pilot project area;6164

       (b) A school district that meets one of the following 6165
conditions:6166

       (i) On March 22, 2013, the district was in a state of 6167
academic emergency or in a state of academic watch under section 6168
3302.03 of the Revised Code, as that section existed prior to 6169
March 22, 2013;6170

       (ii) For two of the 2012-2013, 2013-2014, and 2014-2015 6171
school years, the district received a grade of "D" or "F" for the 6172
performance index score and a grade of "F" for the value-added 6173
progress dimension under section 3302.03 of the Revised Code;6174

       (iii) For the 2015-2016 school year and for any school year 6175
thereafter, the district has received an overall grade of "D" or 6176
"F" under division (C)(3) of section 3302.03 of the Revised Code, 6177
or, for at least two of the three most recent school years, the 6178
district received a grade of "F" for the value-added progress 6179
dimension under division (C)(1)(e) of that section.6180

       (c) A big eight school district;6181

       (d) A school district ranked in the lowest five per cent of 6182
school districts according to performance index score under 6183
section 3302.21 of the Revised Code.6184

       (4) "Big eight school district" means a school district that 6185
for fiscal year 1997 had both of the following:6186

       (a) A percentage of children residing in the district and 6187
participating in the predecessor of Ohio works first greater than 6188
thirty per cent, as reported pursuant to section 3317.10 of the 6189
Revised Code;6190

       (b) An average daily membership greater than twelve thousand, 6191
as reported pursuant to former division (A) of section 3317.03 of 6192
the Revised Code.6193

       (5) "New start-up school" means a community school other than 6194
one created by converting all or part of an existing public school 6195
or educational service center building, as designated in the 6196
school's contract pursuant to division (A)(17) of section 3314.03 6197
of the Revised Code.6198

       (6) "Urban school district" means one of the state's 6199
twenty-one urban school districts as defined in division (O) of 6200
section 3317.02 of the Revised Code as that section existed prior 6201
to July 1, 1998.6202

       (7) "Internet- or computer-based community school" means a 6203
community school established under this chapter in which the 6204
enrolled students work primarily from their residences on 6205
assignments in nonclassroom-based learning opportunities provided 6206
via an internet- or other computer-based instructional method that 6207
does not rely on regular classroom instruction or via 6208
comprehensive instructional methods that include internet-based, 6209
other computer-based, and noncomputer-based learning 6210
opportunities.6211

       (8) "Operator" means either of the following:6212

        (a) An individual or organization that manages the daily 6213
operations of a community school pursuant to a contract between 6214
the operator and the school's governing authority;6215

        (b) A nonprofit organization that provides programmatic 6216
oversight and support to a community school under a contract with 6217
the school's governing authority and that retains the right to 6218
terminate its affiliation with the school if the school fails to 6219
meet the organization's quality standards.6220

       (9) "Alliance municipal school district" has the same meaning 6221
as in section 3311.86 of the Revised Code.6222

       (B)(1) Any person or group of individuals may initially 6223
propose under this division the conversion of all or a portion of 6224
a public school or a building operated by an educational service 6225
center to a community school. The proposal shall be made to the 6226
board of education of the city, local, exempted village, or joint 6227
vocational school district in which the public school is proposed 6228
to be converted or, in the case of the conversion of a building 6229
operated by an educational service center, to the governing board 6230
of the service center. Upon.6231

       (2) Any person or group of individuals may initially propose 6232
under this division the conversion of all or a portion of a 6233
building operated by an educational service center to a community 6234
school. The proposal shall be made to the governing board of the 6235
service center. 6236

       A service center that proposes the establishment of a 6237
conversion community school located in a county within the 6238
territory of the service center or in a county contiguous to such 6239
county is exempt from approval from the department of education, 6240
except as provided under division (B)(4) of this section, and from 6241
the agreement required under division (B)(1) of section 3314.015 6242
of the Revised Code. 6243

       However, a service center that proposes the establishment of 6244
a conversion community school located in a county outside of the 6245
territory of the service center or a county contiguous to such 6246
county shall be subject to approval from the department of 6247
education and from the agreement required under that section.6248

       Division (B)(2) of this section does not apply to an 6249
educational service center that sponsors community schools and 6250
that is exempted under section 3314.021 or 3314.027 of the Revised 6251
Code from the requirement to be approved for sponsorship under 6252
divisions (A)(2) and (B)(1) of section 3314.015 of the Revised 6253
Code.6254

       (3) Upon receipt of a proposal, a board may enter into a 6255
preliminary agreement with the person or group proposing the 6256
conversion of the public school or service center building, 6257
indicating the intention of the board to support the conversion to 6258
a community school. A proposing person or group that has a 6259
preliminary agreement under this division may proceed to finalize 6260
plans for the school, establish a governing authority for the 6261
school, and negotiate a contract with the board. Provided the 6262
proposing person or group adheres to the preliminary agreement and 6263
all provisions of this chapter, the board shall negotiate in good 6264
faith to enter into a contract in accordance with section 3314.03 6265
of the Revised Code and division (C) of this section.6266

       (4) The sponsor of a conversion community school proposed to 6267
open in an alliance municipal school district shall be subject to 6268
approval by the department of education for sponsorship of that 6269
school using the criteria established under division (A) of 6270
section 3311.87 of the Revised Code.6271

       Division (B)(4) of this section does not apply to a sponsor 6272
that is exempted under section 3314.021 or 3314.027 of the Revised 6273
Code from the requirement to be approved for sponsorship under 6274
divisions (A)(2) and (B)(1) of section 3314.015 of the Revised 6275
Code.6276

       (C)(1) Any person or group of individuals may propose under 6277
this division the establishment of a new start-up school to be 6278
located in a challenged school district. The proposal may be made 6279
to any of the following entities:6280

       (a) The board of education of the district in which the 6281
school is proposed to be located;6282

       (b) The board of education of any joint vocational school 6283
district with territory in the county in which is located the 6284
majority of the territory of the district in which the school is 6285
proposed to be located;6286

       (c) The board of education of any other city, local, or 6287
exempted village school district having territory in the same 6288
county where the district in which the school is proposed to be 6289
located has the major portion of its territory;6290

       (d) The governing board of any educational service center, as 6291
long as the proposed school will be located in a county within the 6292
territory of the service center or in a county contiguous to such 6293
county. However, the governing board of an educational service 6294
centerregardless of the location of the proposed school, may 6295
sponsor a new start-up school in any challenged school district in 6296
the state if all of the following are satisfied:6297

       (i) If applicable, it satisfies the requirements of division 6298
(E) of section 3311.86 of the Revised Code;6299

       (ii) It is approved to do so by the department;6300

       (iii) It enters into an agreement with the department under 6301
section 3314.015 of the Revised Code.6302

        (e) A sponsoring authority designated by the board of 6303
trustees of any of the thirteen state universities listed in 6304
section 3345.011 of the Revised Code or the board of trustees 6305
itself as long as a mission of the proposed school to be specified 6306
in the contract under division (A)(2) of section 3314.03 of the 6307
Revised Code and as approved by the department under division 6308
(B)(2) of section 3314.015 of the Revised Code will be the 6309
practical demonstration of teaching methods, educational 6310
technology, or other teaching practices that are included in the 6311
curriculum of the university's teacher preparation program 6312
approved by the state board of education;6313

        (f) Any qualified tax-exempt entity under section 501(c)(3) 6314
of the Internal Revenue Code as long as all of the following 6315
conditions are satisfied:6316

        (i) The entity has been in operation for at least five years 6317
prior to applying to be a community school sponsor.6318

        (ii) The entity has assets of at least five hundred thousand 6319
dollars and a demonstrated record of financial responsibility.6320

        (iii) The department has determined that the entity is an 6321
education-oriented entity under division (B)(3) of section 6322
3314.015 of the Revised Code and the entity has a demonstrated 6323
record of successful implementation of educational programs.6324

       (iv) The entity is not a community school.6325

       (g) The mayor of a city in which the majority of the 6326
territory of a school district to which section 3311.60 of the 6327
Revised Code applies is located, regardless of whether that 6328
district has created the position of independent auditor as 6329
prescribed by that section. The mayor's sponsorship authority 6330
under this division is limited to community schools that are 6331
located in that school district. Such mayor may sponsor community 6332
schools only with the approval of the city council of that city, 6333
after establishing standards with which community schools 6334
sponsored by the mayor must comply, and after entering into a 6335
sponsor agreement with the department as prescribed under section 6336
3314.015 of the Revised Code. The mayor shall establish the 6337
standards for community schools sponsored by the mayor not later 6338
than one hundred eighty days after the effective date of this 6339
amendmentJuly 15, 2013, and shall submit them to the department 6340
upon their establishment. The department shall approve the mayor 6341
to sponsor community schools in the district, upon receipt of an 6342
application by the mayor to do so. Not later than ninety days 6343
after the department's approval of the mayor as a community school 6344
sponsor, the department shall enter into the sponsor agreement 6345
with the mayor.6346

        Any entity described in division (C)(1) of this section may 6347
enter into a preliminary agreement pursuant to division (C)(2) of 6348
this section with the proposing person or group.6349

       (2) A preliminary agreement indicates the intention of an 6350
entity described in division (C)(1) of this section to sponsor the 6351
community school. A proposing person or group that has such a 6352
preliminary agreement may proceed to finalize plans for the 6353
school, establish a governing authority as described in division 6354
(E) of this section for the school, and negotiate a contract with 6355
the entity. Provided the proposing person or group adheres to the 6356
preliminary agreement and all provisions of this chapter, the 6357
entity shall negotiate in good faith to enter into a contract in 6358
accordance with section 3314.03 of the Revised Code.6359

       (3) A new start-up school that is established in a school 6360
district described in either division (A)(3)(b) or (d) of this 6361
section may continue in existence once the school district no 6362
longer meets the conditions described in either division, provided 6363
there is a valid contract between the school and a sponsor.6364

       (4) A copy of every preliminary agreement entered into under 6365
this division shall be filed with the superintendent of public 6366
instruction.6367

       (D) A majority vote of the board of a sponsoring entity and a 6368
majority vote of the members of the governing authority of a 6369
community school shall be required to adopt a contract and convert 6370
the public school or educational service center building to a 6371
community school or establish the new start-up school. Beginning 6372
September 29, 2005, adoption of the contract shall occur not later 6373
than the fifteenth day of March, and signing of the contract shall 6374
occur not later than the fifteenth day of May, prior to the school 6375
year in which the school will open. The governing authority shall 6376
notify the department of education when the contract has been 6377
signed. Subject to sections 3314.013 and 3314.016 of the Revised 6378
Code, an unlimited number of community schools may be established 6379
in any school district provided that a contract is entered into 6380
for each community school pursuant to this chapter.6381

       (E)(1) As used in this division, "immediate relatives" are 6382
limited to spouses, children, parents, grandparents, siblings, and 6383
in-laws.6384

        Each new start-up community school established under this 6385
chapter shall be under the direction of a governing authority 6386
which shall consist of a board of not less than five individuals.6387

        No person shall serve on the governing authority or operate 6388
the community school under contract with the governing authority 6389
so long as the person owes the state any money or is in a dispute 6390
over whether the person owes the state any money concerning the 6391
operation of a community school that has closed.6392

       (2) No person shall serve on the governing authorities of 6393
more than five start-up community schools at the same time.6394

       (3) No present or former member, or immediate relative of a 6395
present or former member, of the governing authority of any 6396
community school established under this chapter shall be an owner, 6397
employee, or consultant of any sponsor or operator of a community 6398
school, unless at least one year has elapsed since the conclusion 6399
of the person's membership.6400

       (4) The governing authority of a start-up community school 6401
may provide by resolution for the compensation of its members. 6402
However, no individual who serves on the governing authority of a 6403
start-up community school shall be compensated more than four 6404
hundred twenty-five dollars per meeting of that governing 6405
authority and no such individual shall be compensated more than a 6406
total amount of five thousand dollars per year for all governing 6407
authorities upon which the individual serves.6408

       (F)(1) A new start-up school that is established prior to 6409
August 15, 2003, in an urban school district that is not also a 6410
big-eight school district may continue to operate after that date 6411
and the contract between the school's governing authority and the 6412
school's sponsor may be renewed, as provided under this chapter, 6413
after that date, but no additional new start-up schools may be 6414
established in such a district unless the district is a challenged 6415
school district as defined in this section as it exists on and 6416
after that date.6417

       (2) A community school that was established prior to June 29, 6418
1999, and is located in a county contiguous to the pilot project 6419
area and in a school district that is not a challenged school 6420
district may continue to operate after that date, provided the 6421
school complies with all provisions of this chapter. The contract 6422
between the school's governing authority and the school's sponsor 6423
may be renewed, but no additional start-up community school may be 6424
established in that district unless the district is a challenged 6425
school district.6426

       (3) Any educational service center that, on June 30, 2007, 6427
sponsors a community school that is not located in a county within 6428
the territory of the service center or in a county contiguous to 6429
such county may continue to sponsor that community school on and 6430
after June 30, 2007, and may renew its contract with the school. 6431
However, the educational service center shall not enter into a 6432
contract with any additional community school, unless the school 6433
is located in a county within the territory of the service center 6434
or in a county contiguous to such county, or unless the governing 6435
board of the service center has entered into an agreement with the 6436
department authorizing the service center to sponsor a community 6437
school in any challenged school district in the state.6438

       Sec. 3314.03.  A copy of every contract entered into under 6439
this section shall be filed with the superintendent of public 6440
instruction. The department of education shall make available on 6441
its web site a copy of every approved, executed contract filed 6442
with the superintendent under this section.6443

       (A) Each contract entered into between a sponsor and the 6444
governing authority of a community school shall specify the 6445
following:6446

       (1) That the school shall be established as either of the 6447
following:6448

       (a) A nonprofit corporation established under Chapter 1702. 6449
of the Revised Code, if established prior to April 8, 2003;6450

       (b) A public benefit corporation established under Chapter 6451
1702. of the Revised Code, if established after April 8, 2003.6452

       (2) The education program of the school, including the 6453
school's mission, the characteristics of the students the school 6454
is expected to attract, the ages and grades of students, and the 6455
focus of the curriculum;6456

       (3) The academic goals to be achieved and the method of 6457
measurement that will be used to determine progress toward those 6458
goals, which shall include the statewide achievement assessments;6459

       (4) Performance standards by which the success of the school 6460
will be evaluated by the sponsor;6461

       (5) The admission standards of section 3314.06 of the Revised 6462
Code and, if applicable, section 3314.061 of the Revised Code;6463

       (6)(a) Dismissal procedures;6464

       (b) A requirement that the governing authority adopt an 6465
attendance policy that includes a procedure for automatically 6466
withdrawing a student from the school if the student without a 6467
legitimate excuse fails to participate in one hundred five 6468
consecutive hours of the learning opportunities offered to the 6469
student.6470

       (7) The ways by which the school will achieve racial and 6471
ethnic balance reflective of the community it serves;6472

       (8) Requirements for financial audits by the auditor of 6473
state. The contract shall require financial records of the school 6474
to be maintained in the same manner as are financial records of 6475
school districts, pursuant to rules of the auditor of state. 6476
Audits shall be conducted in accordance with section 117.10 of the 6477
Revised Code.6478

       (9) The facilities to be used and their locations;6479

       (10) Qualifications of teachers, including a requirement that 6480
the school's classroom teachers be licensed in accordance with 6481
sections 3319.22 to 3319.31 of the Revised Code, except that a 6482
community school may engage noncertificated persons to teach up to 6483
twelve hours per week pursuant to section 3319.301 of the Revised 6484
Code.6485

       (11) That the school will comply with the following 6486
requirements:6487

       (a) The school will provide learning opportunities to a 6488
minimum of twenty-five students for a minimum of nine hundred 6489
twenty hours per school year.6490

       (b) The governing authority will purchase liability 6491
insurance, or otherwise provide for the potential liability of the 6492
school.6493

       (c) The school will be nonsectarian in its programs, 6494
admission policies, employment practices, and all other 6495
operations, and will not be operated by a sectarian school or 6496
religious institution.6497

       (d) The school will comply with sections 9.90, 9.91, 109.65, 6498
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 6499
3301.0712, 3301.0715, 3301.948, 3313.472, 3313.50, 3313.536, 6500
3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 6501
3313.6015, 3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 6502
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 6503
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 6504
3313.719, 3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 6505
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 6506
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 6507
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744., 6508
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 6509
as if it were a school district and will comply with section 6510
3301.0714 of the Revised Code in the manner specified in section 6511
3314.17 of the Revised Code.6512

       (e) The school shall comply with Chapter 102. and section 6513
2921.42 of the Revised Code.6514

       (f) The school will comply with sections 3313.61, 3313.611, 6515
and 3313.614 of the Revised Code, except that for students who 6516
enter ninth grade for the first time before July 1, 2010, the 6517
requirement in sections 3313.61 and 3313.611 of the Revised Code 6518
that a person must successfully complete the curriculum in any 6519
high school prior to receiving a high school diploma may be met by 6520
completing the curriculum adopted by the governing authority of 6521
the community school rather than the curriculum specified in Title 6522
XXXIII of the Revised Code or any rules of the state board of 6523
education. Beginning with students who enter ninth grade for the 6524
first time on or after July 1, 2010, the requirement in sections 6525
3313.61 and 3313.611 of the Revised Code that a person must 6526
successfully complete the curriculum of a high school prior to 6527
receiving a high school diploma shall be met by completing the 6528
Ohio core curriculumrequirements prescribed in division (C) of 6529
section 3313.603 of the Revised Code, unless the person qualifies 6530
under division (D) or (F) of that section. Each school shall 6531
comply with the plan for awarding high school credit based on 6532
demonstration of subject area competency, adopted by the state 6533
board of education under division (J) of section 3313.603 of the 6534
Revised Code.6535

       (g) The school governing authority will submit within four 6536
months after the end of each school year a report of its 6537
activities and progress in meeting the goals and standards of 6538
divisions (A)(3) and (4) of this section and its financial status 6539
to the sponsor and the parents of all students enrolled in the 6540
school.6541

       (h) The school, unless it is an internet- or computer-based 6542
community school, will comply with section 3313.801 of the Revised 6543
Code as if it were a school district.6544

       (i) If the school is the recipient of moneys from a grant 6545
awarded under the federal race to the top program, Division (A), 6546
Title XIV, Sections 14005 and 14006 of the "American Recovery and 6547
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 6548
school will pay teachers based upon performance in accordance with 6549
section 3317.141 and will comply with section 3319.111 of the 6550
Revised Code as if it were a school district.6551

       (12) Arrangements for providing health and other benefits to 6552
employees;6553

       (13) The length of the contract, which shall begin at the 6554
beginning of an academic year. No contract shall exceed five years 6555
unless such contract has been renewed pursuant to division (E) of 6556
this section.6557

       (14) The governing authority of the school, which shall be 6558
responsible for carrying out the provisions of the contract;6559

       (15) A financial plan detailing an estimated school budget 6560
for each year of the period of the contract and specifying the 6561
total estimated per pupil expenditure amount for each such year. 6562

       (16) Requirements and procedures regarding the disposition of 6563
employees of the school in the event the contract is terminated or 6564
not renewed pursuant to section 3314.07 of the Revised Code;6565

       (17) Whether the school is to be created by converting all or 6566
part of an existing public school or educational service center 6567
building or is to be a new start-up school, and if it is a 6568
converted public school or service center building, specification 6569
of any duties or responsibilities of an employer that the board of 6570
education or service center governing board that operated the 6571
school or building before conversion is delegating to the 6572
governing authority of the community school with respect to all or 6573
any specified group of employees provided the delegation is not 6574
prohibited by a collective bargaining agreement applicable to such 6575
employees;6576

       (18) Provisions establishing procedures for resolving 6577
disputes or differences of opinion between the sponsor and the 6578
governing authority of the community school;6579

       (19) A provision requiring the governing authority to adopt a 6580
policy regarding the admission of students who reside outside the 6581
district in which the school is located. That policy shall comply 6582
with the admissions procedures specified in sections 3314.06 and 6583
3314.061 of the Revised Code and, at the sole discretion of the 6584
authority, shall do one of the following:6585

       (a) Prohibit the enrollment of students who reside outside 6586
the district in which the school is located;6587

       (b) Permit the enrollment of students who reside in districts 6588
adjacent to the district in which the school is located;6589

       (c) Permit the enrollment of students who reside in any other 6590
district in the state.6591

       (20) A provision recognizing the authority of the department 6592
of education to take over the sponsorship of the school in 6593
accordance with the provisions of division (C) of section 3314.015 6594
of the Revised Code;6595

       (21) A provision recognizing the sponsor's authority to 6596
assume the operation of a school under the conditions specified in 6597
division (B) of section 3314.073 of the Revised Code;6598

        (22) A provision recognizing both of the following:6599

       (a) The authority of public health and safety officials to 6600
inspect the facilities of the school and to order the facilities 6601
closed if those officials find that the facilities are not in 6602
compliance with health and safety laws and regulations;6603

       (b) The authority of the department of education as the 6604
community school oversight body to suspend the operation of the 6605
school under section 3314.072 of the Revised Code if the 6606
department has evidence of conditions or violations of law at the 6607
school that pose an imminent danger to the health and safety of 6608
the school's students and employees and the sponsor refuses to 6609
take such action.6610

        (23) A description of the learning opportunities that will be 6611
offered to students including both classroom-based and 6612
non-classroom-based learning opportunities that is in compliance 6613
with criteria for student participation established by the 6614
department under division (H)(2) of section 3314.08 of the Revised 6615
Code;6616

       (24) The school will comply with sections 3302.04 and 6617
3302.041 of the Revised Code, except that any action required to 6618
be taken by a school district pursuant to those sections shall be 6619
taken by the sponsor of the school. However, the sponsor shall not 6620
be required to take any action described in division (F) of 6621
section 3302.04 of the Revised Code.6622

       (25) Beginning in the 2006-2007 school year, the school will 6623
open for operation not later than the thirtieth day of September 6624
each school year, unless the mission of the school as specified 6625
under division (A)(2) of this section is solely to serve dropouts. 6626
In its initial year of operation, if the school fails to open by 6627
the thirtieth day of September, or within one year after the 6628
adoption of the contract pursuant to division (D) of section 6629
3314.02 of the Revised Code if the mission of the school is solely 6630
to serve dropouts, the contract shall be void.6631

       (B) The community school shall also submit to the sponsor a 6632
comprehensive plan for the school. The plan shall specify the 6633
following:6634

       (1) The process by which the governing authority of the 6635
school will be selected in the future;6636

       (2) The management and administration of the school;6637

       (3) If the community school is a currently existing public 6638
school or educational service center building, alternative 6639
arrangements for current public school students who choose not to 6640
attend the converted school and for teachers who choose not to 6641
teach in the school or building after conversion;6642

       (4) The instructional program and educational philosophy of 6643
the school;6644

       (5) Internal financial controls.6645

       (C) A contract entered into under section 3314.02 of the 6646
Revised Code between a sponsor and the governing authority of a 6647
community school may provide for the community school governing 6648
authority to make payments to the sponsor, which is hereby 6649
authorized to receive such payments as set forth in the contract 6650
between the governing authority and the sponsor. The total amount 6651
of such payments for oversight and monitoring of the school shall 6652
not exceed three per cent of the total amount of payments for 6653
operating expenses that the school receives from the state.6654

       (D) The contract shall specify the duties of the sponsor 6655
which shall be in accordance with the written agreement entered 6656
into with the department of education under division (B) of 6657
section 3314.015 of the Revised Code and shall include the 6658
following:6659

        (1) Monitor the community school's compliance with all laws 6660
applicable to the school and with the terms of the contract;6661

        (2) Monitor and evaluate the academic and fiscal performance 6662
and the organization and operation of the community school on at 6663
least an annual basis;6664

        (3) Report on an annual basis the results of the evaluation 6665
conducted under division (D)(2) of this section to the department 6666
of education and to the parents of students enrolled in the 6667
community school;6668

        (4) Provide technical assistance to the community school in 6669
complying with laws applicable to the school and terms of the 6670
contract;6671

        (5) Take steps to intervene in the school's operation to 6672
correct problems in the school's overall performance, declare the 6673
school to be on probationary status pursuant to section 3314.073 6674
of the Revised Code, suspend the operation of the school pursuant 6675
to section 3314.072 of the Revised Code, or terminate the contract 6676
of the school pursuant to section 3314.07 of the Revised Code as 6677
determined necessary by the sponsor;6678

        (6) Have in place a plan of action to be undertaken in the 6679
event the community school experiences financial difficulties or 6680
closes prior to the end of a school year.6681

        (E) Upon the expiration of a contract entered into under this 6682
section, the sponsor of a community school may, with the approval 6683
of the governing authority of the school, renew that contract for 6684
a period of time determined by the sponsor, but not ending earlier 6685
than the end of any school year, if the sponsor finds that the 6686
school's compliance with applicable laws and terms of the contract 6687
and the school's progress in meeting the academic goals prescribed 6688
in the contract have been satisfactory. Any contract that is 6689
renewed under this division remains subject to the provisions of 6690
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.6691

       (F) If a community school fails to open for operation within 6692
one year after the contract entered into under this section is 6693
adopted pursuant to division (D) of section 3314.02 of the Revised 6694
Code or permanently closes prior to the expiration of the 6695
contract, the contract shall be void and the school shall not 6696
enter into a contract with any other sponsor. A school shall not 6697
be considered permanently closed because the operations of the 6698
school have been suspended pursuant to section 3314.072 of the 6699
Revised Code.6700

       Sec. 3314.06.  The governing authority of each community 6701
school established under this chapter shall adopt admission 6702
procedures that specify the following:6703

       (A) That, except as otherwise provided in this section, 6704
admission to the school shall be open to any individual age five 6705
to twenty-two entitled to attend school pursuant to section 6706
3313.64 or 3313.65 of the Revised Code in a school district in the 6707
state.6708

       Additionally, except as otherwise provided in this section, 6709
admission to the school may be open on a tuition basis to any 6710
individual age five to twenty-two who is not a resident of this 6711
state. The school shall not receive state funds under section 6712
3314.08 of the Revised Code for any student who is not a resident 6713
of this state.6714

       An individual younger than five years of age may be admitted 6715
to the school in accordance with division (A)(2) of section 6716
3321.01 of the Revised Code. The school shall receive funds for an 6717
individual admitted under that division in the manner provided 6718
under section 3314.08 of the Revised Code.6719

       If the school operates a program that uses the Montessori 6720
method endorsed by the American Montessori society or the 6721
association Montessori internationale as its primary method of 6722
instruction, admission to the school may be open to individuals 6723
younger than five years of age, but the school shall not receive 6724
funds under this chapter for those individuals.6725

       (B)(1) That admission to the school may be limited to 6726
students who have attained a specific grade level or are within a 6727
specific age group; to students that meet a definition of 6728
"at-risk," as defined in the contract; to residents of a specific 6729
geographic area within the district, as defined in the contract; 6730
or to separate groups of autistic students and nondisabled 6731
students, as authorized in section 3314.061 of the Revised Code 6732
and as defined in the contract.6733

       (2) For purposes of division (B)(1) of this section, 6734
"at-risk" students may include those students identified as gifted 6735
students under section 3324.03 of the Revised Code.6736

       (C) Whether enrollment is limited to students who reside in 6737
the district in which the school is located or is open to 6738
residents of other districts, as provided in the policy adopted 6739
pursuant to the contract.6740

       (D)(1) That there will be no discrimination in the admission 6741
of students to the school on the basis of race, creed, color, 6742
disability, or sex except that:6743

       (a) The governing authority may do either of the following 6744
for the purpose described in division (G) of this section:6745

       (i) Establish a single-gender school for either sex;6746

       (ii) Establish single-gender schools for each sex under the 6747
same contract, provided substantially equal facilities and 6748
learning opportunities are offered for both boys and girls. Such 6749
facilities and opportunities may be offered for each sex at 6750
separate locations.6751

       (b) The governing authority may establish a school that 6752
simultaneously serves a group of students identified as autistic 6753
and a group of students who are not disabled, as authorized in 6754
section 3314.061 of the Revised Code. However, unless the total 6755
capacity established for the school has been filled, no student 6756
with any disability shall be denied admission on the basis of that 6757
disability.6758

       (2) That upon admission of any student with a disability, the 6759
community school will comply with all federal and state laws 6760
regarding the education of students with disabilities.6761

       (E) That the school may not limit admission to students on 6762
the basis of intellectual ability, measures of achievement or 6763
aptitude, or athletic ability, except that a school may limit its 6764
enrollment to students as described in division (B) of this 6765
section.6766

       (F) That the community school will admit the number of 6767
students that does not exceed the capacity of the school's 6768
programs, classes, grade levels, or facilities.6769

       (G) That the purpose of single-gender schools that are 6770
established shall be to take advantage of the academic benefits 6771
some students realize from single-gender instruction and 6772
facilities and to offer students and parents residing in the 6773
district the option of a single-gender education.6774

       (H) That, except as otherwise provided under division (B) of 6775
this section or section 3314.061 of the Revised Code, if the 6776
number of applicants exceeds the capacity restrictions of division 6777
(F) of this section, students shall be admitted by lot from all 6778
those submitting applications, except preference shall be given to 6779
students attending the school the previous year and to students 6780
who reside in the district in which the school is located. 6781
Preference may be given to siblings of students attending the 6782
school the previous year.6783

       Notwithstanding divisions (A) to (H) of this section, in the 6784
event the racial composition of the enrollment of the community 6785
school is violative of a federal desegregation order, the 6786
community school shall take any and all corrective measures to 6787
comply with the desegregation order.6788

       Sec. 3314.08.  (A) As used in this section:6789

       (1)(a) "Category one career-technical education student" 6790
means a student who is receiving the career-technical education 6791
services described in division (A) of section 3317.014 of the 6792
Revised Code.6793

       (b) "Category two career-technical student" means a student 6794
who is receiving the career-technical education services described 6795
in division (B) of section 3317.014 of the Revised Code.6796

       (c) "Category three career-technical student" means a student 6797
who is receiving the career-technical education services described 6798
in division (C) of section 3317.014 of the Revised Code.6799

       (d) "Category four career-technical student" means a student 6800
who is receiving the career-technical education services described 6801
in division (D) of section 3317.014 of the Revised Code.6802

       (e) "Category five career-technical education student" means 6803
a student who is receiving the career-technical education services 6804
described in division (E) of section 3317.014 of the Revised Code.6805

       (2)(a) "Category one limited English proficient student" 6806
means a limited English proficient student described in division 6807
(A) of section 3317.016 of the Revised Code.6808

       (b) "Category two limited English proficient student" means a 6809
limited English proficient student described in division (B) of 6810
section 3317.016 of the Revised Code.6811

       (c) "Category three limited English proficient student" means 6812
a limited English proficient student described in division (C) of 6813
section 3317.016 of the Revised Code.6814

       (3)(a) "Category one special education student" means a 6815
student who is receiving special education services for a 6816
disability specified in division (A) of section 3317.013 of the 6817
Revised Code.6818

       (b) "Category two special education student" means a student 6819
who is receiving special education services for a disability 6820
specified in division (B) of section 3317.013 of the Revised Code.6821

       (c) "Category three special education student" means a 6822
student who is receiving special education services for a 6823
disability specified in division (C) of section 3317.013 of the 6824
Revised Code.6825

       (d) "Category four special education student" means a student 6826
who is receiving special education services for a disability 6827
specified in division (D) of section 3317.013 of the Revised Code.6828

       (e) "Category five special education student" means a student 6829
who is receiving special education services for a disability 6830
specified in division (E) of section 3317.013 of the Revised Code.6831

       (f) "Category six special education student" means a student 6832
who is receiving special education services for a disability 6833
specified in division (F) of section 3317.013 of the Revised Code.6834

       (4) "Formula amount" has the same meaning as in section 6835
3317.02 of the Revised Code.6836

       (5) "IEP" has the same meaning as in section 3323.01 of the 6837
Revised Code.6838

       (6) "Resident district" means the school district in which a 6839
student is entitled to attend school under section 3313.64 or 6840
3313.65 of the Revised Code.6841

       (7) "State education aid" has the same meaning as in section 6842
5751.20 of the Revised Code.6843

       (B) The state board of education shall adopt rules requiring 6844
both of the following:6845

       (1) The board of education of each city, exempted village, 6846
and local school district to annually report the number of 6847
students entitled to attend school in the district who are 6848
enrolled in each grade kindergarten through twelve in a community 6849
school established under this chapter, and for each child, the 6850
community school in which the child is enrolled.6851

       (2) The governing authority of each community school 6852
established under this chapter to annually report all of the 6853
following:6854

       (a) The number of students enrolled in grades one through 6855
twelve and the full-time equivalent number of students enrolled in 6856
kindergarten in the school who are not receiving special education 6857
and related services pursuant to an IEP;6858

       (b) The number of enrolled students in grades one through 6859
twelve and the full-time equivalent number of enrolled students in 6860
kindergarten, who are receiving special education and related 6861
services pursuant to an IEP;6862

       (c) The number of students reported under division (B)(2)(b) 6863
of this section receiving special education and related services 6864
pursuant to an IEP for a disability described in each of divisions 6865
(A) to (F) of section 3317.013 of the Revised Code;6866

       (d) The full-time equivalent number of students reported 6867
under divisions (B)(2)(a) and (b) of this section who are enrolled 6868
in career-technical education programs or classes described in 6869
each of divisions (A) to (E) of section 3317.014 of the Revised 6870
Code that are provided by the community school;6871

       (e) Twenty per cent of the number of students reported under 6872
divisions (B)(2)(a) and (b) of this section who are not reported 6873
under division (B)(2)(d) of this section but who are enrolled in 6874
career-technical education programs or classes described in each 6875
of divisions (A) to (E) of section 3317.014 of the Revised Code at 6876
a joint vocational school district or another district in the 6877
career-technical planning district to which the school is 6878
assigned;6879

       (f) The number of students reported under divisions (B)(2)(a) 6880
and (b) of this section who are category one to three limited 6881
English proficient students described in each of divisions (A) to 6882
(C) of section 3317.016 of the Revised Code;6883

       (g) The number of students reported under divisions (B)(2)(a) 6884
and (b) who are economically disadvantaged, as defined by the 6885
department. A student shall not be categorically excluded from the 6886
number reported under division (B)(2)(g) of this section based on 6887
anything other than family income.6888

       (h) For each student, the city, exempted village, or local 6889
school district in which the student is entitled to attend school 6890
under section 3313.64 or 3313.65 of the Revised Code.6891

       A school district board and a community school governing 6892
authority shall include in their respective reports under division 6893
(B) of this section any child admitted in accordance with division 6894
(A)(2) of section 3321.01 of the Revised Code.6895

        A governing authority of a community school shall not include 6896
in its report under division (B)(2) of this section any student 6897
for whom tuition is charged under division (F) of this section.6898

       (C)(1) Except as provided in division (C)(2) of this section, 6899
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 6900
section, on a full-time equivalency basis, for each student 6901
enrolled in a community school established under this chapter, the 6902
department of education annually shall deduct from the state 6903
education aid of a student's resident district and, if necessary, 6904
from the payment made to the district under sections 321.24 and 6905
323.156 of the Revised Code and pay to the community school the 6906
sum of the following:6907

       (a) An opportunity grant in an amount equal to the formula 6908
amount;6909

       (b) The per pupil amount of targeted assistance funds 6910
calculated under division (A) of section 3317.0217 of the Revised 6911
Code for the student's resident district, as determined by the 6912
department, X 0.25;6913

       (c) Additional state aid for special education and related 6914
services provided under Chapter 3323. of the Revised Code as 6915
follows:6916

       (i) If the student is a category one special education 6917
student, the amount specified in division (A) of section 3317.013 6918
of the Revised Code;6919

       (ii) If the student is a category two special education 6920
student, the amount specified in division (B) of section 3317.013 6921
of the Revised Code;6922

       (iii) If the student is a category three special education 6923
student, the amount specified in division (C) of section 3317.013 6924
of the Revised Code;6925

       (iv) If the student is a category four special education 6926
student, the amount specified in division (D) of section 3317.013 6927
of the Revised Code;6928

       (v) If the student is a category five special education 6929
student, the amount specified in division (E) of section 3317.013 6930
of the Revised Code;6931

       (vi) If the student is a category six special education 6932
student, the amount specified in division (F) of section 3317.013 6933
of the Revised Code.6934

       (d) If the student is in kindergarten through third grade, an 6935
additional amount of $211, in fiscal year 2014, and $290, in 6936
fiscal year 2015;6937

       (e) If the student is economically disadvantaged, an 6938
additional amount equal to the following:6939

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 6940
(the resident district's economically disadvantaged index)6941

       (f) Limited English proficiency funds as follows:6942

       (i) If the student is a category one limited English 6943
proficient student, the amount specified in division (A) of 6944
section 3317.016 of the Revised Code;6945

       (ii) If the student is a category two limited English 6946
proficient student, the amount specified in division (B) of 6947
section 3317.016 of the Revised Code;6948

       (iii) If the student is a category three limited English 6949
proficient student, the amount specified in division (C) of 6950
section 3317.016 of the Revised Code.6951

       (g) Career-technical education funds as follows:6952

       (i) If the student is a category one career-technical 6953
education student, the amount specified in division (A) of section 6954
3317.014 of the Revised Code;6955

       (ii) If the student is a category two career-technical 6956
education student, the amount specified in division (B) of section 6957
3317.014 of the Revised Code;6958

       (iii) If the student is a category three career-technical 6959
education student, the amount specified in division (C) of section 6960
3317.014 of the Revised Code;6961

       (iv) If the student is a category four career-technical 6962
education student, the amount specified in division (D) of section 6963
3317.014 of the Revised Code;6964

       (v) If the student is a category five career-technical 6965
education student, the amount specified in division (E) of section 6966
3317.014 of the Revised Code.6967

       Deduction and payment of funds under division (C)(1)(g) of 6968
this section is subject to approval by the lead district of a 6969
career-technical planning district or the department of education 6970
under section 3317.161 of the Revised Code.6971

       (2) When deducting from the state education aid of a 6972
student's resident district for students enrolled in an internet- 6973
or computer-based community school and making payments to such 6974
school under this section, the department shall make the 6975
deductions and payments described in only divisions (C)(1)(a), 6976
(c), and (g) of this section.6977

       No deductions or payments shall be made for a student 6978
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 6979
of this section.6980

       (3)(a) If a community school's costs for a fiscal year for a 6981
student receiving special education and related services pursuant 6982
to an IEP for a disability described in divisions (B) to (F) of 6983
section 3317.013 of the Revised Code exceed the threshold 6984
catastrophic cost for serving the student as specified in division 6985
(B) of section 3317.0214 of the Revised Code, the school may 6986
submit to the superintendent of public instruction documentation, 6987
as prescribed by the superintendent, of all its costs for that 6988
student. Upon submission of documentation for a student of the 6989
type and in the manner prescribed, the department shall pay to the 6990
community school an amount equal to the school's costs for the 6991
student in excess of the threshold catastrophic costs.6992

       (b) The community school shall report under division 6993
(C)(3)(a) of this section, and the department shall pay for, only 6994
the costs of educational expenses and the related services 6995
provided to the student in accordance with the student's 6996
individualized education program. Any legal fees, court costs, or 6997
other costs associated with any cause of action relating to the 6998
student may not be included in the amount.6999

       (4) In any fiscal year, a community school receiving funds 7000
under division (C)(1)(g) of this section shall spend those funds 7001
only for the purposes that the department designates as approved 7002
for career-technical education expenses. Career-technical 7003
educationaleducation expenses approved by the department shall 7004
include only expenses connected to the delivery of 7005
career-technical programming to career-technical students. The 7006
department shall require the school to report data annually so 7007
that the department may monitor the school's compliance with the 7008
requirements regarding the manner in which funding received under 7009
division (C)(1)(g) of this section may be spent.7010

       (5) All funds received under division (C)(1)(g) of this 7011
section shall be spent in the following manner:7012

       (a) At least seventy-five per cent of the funds shall be 7013
spent on curriculum development, purchase, and implementation; 7014
instructional resources and supplies; industry-based program 7015
certification; student assessment, credentialing, and placement; 7016
curriculum specific equipment purchases and leases; 7017
career-technical student organization fees and expenses; home and 7018
agency linkages; work-based learning experiences; professional 7019
development; and other costs directly associated with 7020
career-technical education programs including development of new 7021
programs.7022

       (b) Not more than twenty-five per cent of the funds shall be 7023
used for personnel expenditures.7024

       (6) A community school shall spend the funds it receives 7025
under division (C)(1)(e) of this section in accordance with 7026
section 3317.25 of the Revised Code. 7027

       (7) If the sum of the payments computed under division (C)(1) 7028
of this section for the students entitled to attend school in a 7029
particular school district under sections 3313.64 and 3313.65 of 7030
the Revised Code exceeds the sum of that district's state 7031
education aid and its payment under sections 321.24 and 323.156 of 7032
the Revised Code, the department shall calculate and apply a 7033
proration factor to the payments to all community schools under 7034
that division for the students entitled to attend school in that 7035
district.7036

       (D) A board of education sponsoring a community school may 7037
utilize local funds to make enhancement grants to the school or 7038
may agree, either as part of the contract or separately, to 7039
provide any specific services to the community school at no cost 7040
to the school.7041

       (E) A community school may not levy taxes or issue bonds 7042
secured by tax revenues.7043

       (F) No community school shall charge tuition for the 7044
enrollment of any student who is a resident of this state. A 7045
community school may charge tuition for the enrollment of any 7046
student who is not a resident of this state.7047

       (G)(1)(a) A community school may borrow money to pay any 7048
necessary and actual expenses of the school in anticipation of the 7049
receipt of any portion of the payments to be received by the 7050
school pursuant to division (C) of this section. The school may 7051
issue notes to evidence such borrowing. The proceeds of the notes 7052
shall be used only for the purposes for which the anticipated 7053
receipts may be lawfully expended by the school.7054

       (b) A school may also borrow money for a term not to exceed 7055
fifteen years for the purpose of acquiring facilities.7056

       (2) Except for any amount guaranteed under section 3318.50 of 7057
the Revised Code, the state is not liable for debt incurred by the 7058
governing authority of a community school.7059

       (H) The department of education shall adjust the amounts 7060
subtracted and paid under division (C) of this section to reflect 7061
any enrollment of students in community schools for less than the 7062
equivalent of a full school year. The state board of education 7063
within ninety days after April 8, 2003, shall adopt in accordance 7064
with Chapter 119. of the Revised Code rules governing the payments 7065
to community schools under this section including initial payments 7066
in a school year and adjustments and reductions made in subsequent 7067
periodic payments to community schools and corresponding 7068
deductions from school district accounts as provided under 7069
division (C) of this section. For purposes of this section:7070

       (1) A student shall be considered enrolled in the community 7071
school for any portion of the school year the student is 7072
participating at a college under Chapter 3365. of the Revised 7073
Code.7074

       (2) A student shall be considered to be enrolled in a 7075
community school for the period of time beginning on the later of 7076
the date on which the school both has received documentation of 7077
the student's enrollment from a parent and the student has 7078
commenced participation in learning opportunities as defined in 7079
the contract with the sponsor, or thirty days prior to the date on 7080
which the student is entered into the education management 7081
information system established under section 3301.0714 of the 7082
Revised Code. For purposes of applying this division and divisions 7083
(H)(3) and (4) of this section to a community school student, 7084
"learning opportunities" shall be defined in the contract, which 7085
shall describe both classroom-based and non-classroom-based 7086
learning opportunities and shall be in compliance with criteria 7087
and documentation requirements for student participation which 7088
shall be established by the department. Any student's instruction 7089
time in non-classroom-based learning opportunities shall be 7090
certified by an employee of the community school. A student's 7091
enrollment shall be considered to cease on the date on which any 7092
of the following occur:7093

        (a) The community school receives documentation from a parent 7094
terminating enrollment of the student.7095

        (b) The community school is provided documentation of a 7096
student's enrollment in another public or private school.7097

        (c) The community school ceases to offer learning 7098
opportunities to the student pursuant to the terms of the contract 7099
with the sponsor or the operation of any provision of this 7100
chapter.7101

       Except as otherwise specified in this paragraph, beginning in 7102
the 2011-2012 school year, any student who completed the prior 7103
school year in an internet- or computer-based community school 7104
shall be considered to be enrolled in the same school in the 7105
subsequent school year until the student's enrollment has ceased 7106
as specified in division (H)(2) of this section. The department 7107
shall continue subtracting and paying amounts for the student 7108
under division (C) of this section without interruption at the 7109
start of the subsequent school year. However, if the student 7110
without a legitimate excuse fails to participate in the first one 7111
hundred five consecutive hours of learning opportunities offered 7112
to the student in that subsequent school year, the student shall 7113
be considered not to have re-enrolled in the school for that 7114
school year and the department shall recalculate the payments to 7115
the school for that school year to account for the fact that the 7116
student is not enrolled.7117

        (3) The department shall determine each community school 7118
student's percentage of full-time equivalency based on the 7119
percentage of learning opportunities offered by the community 7120
school to that student, reported either as number of hours or 7121
number of days, is of the total learning opportunities offered by 7122
the community school to a student who attends for the school's 7123
entire school year. However, no internet- or computer-based 7124
community school shall be credited for any time a student spends 7125
participating in learning opportunities beyond ten hours within 7126
any period of twenty-four consecutive hours. Whether it reports 7127
hours or days of learning opportunities, each community school 7128
shall offer not less than nine hundred twenty hours of learning 7129
opportunities during the school year.7130

       (4) With respect to the calculation of full-time equivalency 7131
under division (H)(3) of this section, the department shall waive 7132
the number of hours or days of learning opportunities not offered 7133
to a student because the community school was closed during the 7134
school year due to disease epidemic, hazardous weather conditions, 7135
law enforcement emergencies, inoperability of school buses or 7136
other equipment necessary to the school's operation, damage to a 7137
school building, or other temporary circumstances due to utility 7138
failure rendering the school building unfit for school use, so 7139
long as the school was actually open for instruction with students 7140
in attendance during that school year for not less than the 7141
minimum number of hours required by this chapter. The department 7142
shall treat the school as if it were open for instruction with 7143
students in attendance during the hours or days waived under this 7144
division.7145

       (I) The department of education shall reduce the amounts paid 7146
under this section to reflect payments made to colleges under 7147
division (B) of section 3365.07 of the Revised Code or through 7148
alternative funding agreements entered into under rules adopted 7149
under section 3365.12 of the Revised Code.7150

       (J)(1) No student shall be considered enrolled in any 7151
internet- or computer-based community school or, if applicable to 7152
the student, in any community school that is required to provide 7153
the student with a computer pursuant to division (C) of section 7154
3314.22 of the Revised Code, unless both of the following 7155
conditions are satisfied:7156

       (a) The student possesses or has been provided with all 7157
required hardware and software materials and all such materials 7158
are operational so that the student is capable of fully 7159
participating in the learning opportunities specified in the 7160
contract between the school and the school's sponsor as required 7161
by division (A)(23) of section 3314.03 of the Revised Code;7162

       (b) The school is in compliance with division (A) of section 7163
3314.22 of the Revised Code, relative to such student.7164

       (2) In accordance with policies adopted jointly by the 7165
superintendent of public instruction and the auditor of state, the 7166
department shall reduce the amounts otherwise payable under 7167
division (C) of this section to any community school that includes 7168
in its program the provision of computer hardware and software 7169
materials to any student, if such hardware and software materials 7170
have not been delivered, installed, and activated for each such 7171
student in a timely manner or other educational materials or 7172
services have not been provided according to the contract between 7173
the individual community school and its sponsor.7174

       The superintendent of public instruction and the auditor of 7175
state shall jointly establish a method for auditing any community 7176
school to which this division pertains to ensure compliance with 7177
this section.7178

       The superintendent, auditor of state, and the governor shall 7179
jointly make recommendations to the general assembly for 7180
legislative changes that may be required to assure fiscal and 7181
academic accountability for such schools.7182

       (K)(1) If the department determines that a review of a 7183
community school's enrollment is necessary, such review shall be 7184
completed and written notice of the findings shall be provided to 7185
the governing authority of the community school and its sponsor 7186
within ninety days of the end of the community school's fiscal 7187
year, unless extended for a period not to exceed thirty additional 7188
days for one of the following reasons:7189

        (a) The department and the community school mutually agree to 7190
the extension.7191

        (b) Delays in data submission caused by either a community 7192
school or its sponsor.7193

       (2) If the review results in a finding that additional 7194
funding is owed to the school, such payment shall be made within 7195
thirty days of the written notice. If the review results in a 7196
finding that the community school owes moneys to the state, the 7197
following procedure shall apply:7198

       (a) Within ten business days of the receipt of the notice of 7199
findings, the community school may appeal the department's 7200
determination to the state board of education or its designee.7201

        (b) The board or its designee shall conduct an informal 7202
hearing on the matter within thirty days of receipt of such an 7203
appeal and shall issue a decision within fifteen days of the 7204
conclusion of the hearing.7205

        (c) If the board has enlisted a designee to conduct the 7206
hearing, the designee shall certify its decision to the board. The 7207
board may accept the decision of the designee or may reject the 7208
decision of the designee and issue its own decision on the matter.7209

        (d) Any decision made by the board under this division is 7210
final.7211

        (3) If it is decided that the community school owes moneys to 7212
the state, the department shall deduct such amount from the 7213
school's future payments in accordance with guidelines issued by 7214
the superintendent of public instruction.7215

       (L) The department shall not subtract from a school 7216
district's state aid account and shall not pay to a community 7217
school under division (C) of this section any amount for any of 7218
the following:7219

        (1) Any student who has graduated from the twelfth grade of a 7220
public or nonpublic high school;7221

        (2) Any student who is not a resident of the state;7222

        (3) Any student who was enrolled in the community school 7223
during the previous school year when assessments were administered 7224
under section 3301.0711 of the Revised Code but did not take one 7225
or more of the assessments required by that section and was not 7226
excused pursuant to division (C)(1) or (3) of that section, unless 7227
the superintendent of public instruction grants the student a 7228
waiver from the requirement to take the assessment and a parent is 7229
not paying tuition for the student pursuant to section 3314.26 of 7230
the Revised Code. The superintendent may grant a waiver only for 7231
good cause in accordance with rules adopted by the state board of 7232
education.7233

       (4) Any student who has attained the age of twenty-two years, 7234
except for veterans of the armed services whose attendance was 7235
interrupted before completing the recognized twelve-year course of 7236
the public schools by reason of induction or enlistment in the 7237
armed forces and who apply for enrollment in a community school 7238
not later than four years after termination of war or their 7239
honorable discharge. If, however, any such veteran elects to 7240
enroll in special courses organized for veterans for whom tuition 7241
is paid under federal law, or otherwise, the department shall not 7242
subtract from a school district's state aid account and shall not 7243
pay to a community school under division (C) of this section any 7244
amount for that veteran.7245

       Sec. 3314.191. Notwithstanding any provision to the contrary 7246
in the Revised Code, the department of education shall make no 7247
payment under section 3314.08 of the Revised Code to a community 7248
school opening for its first year of operation until the sponsor 7249
of that school confirms all of the following:7250

        (A) The school is in compliance with the provisions described 7251
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the 7252
Revised Code.7253

        (B) The sponsor has approved the financial controls required 7254
by the comprehensive plan for the school under division (B)(5) of 7255
section 3314.03 of the Revised Code.7256

        (C) The school facilities will be ready and open for use by 7257
the date prescribed in the contract entered into under section 7258
3314.03 of the Revised Code, and the sponsor has reviewed any 7259
lease, purchase agreement, permits required by statute or 7260
contract, and construction plans.7261

       (D) The chief administrator of the community school actively 7262
is managing daily operations at the school.7263

        (E) The projected enrollment reported to the department is 7264
accurate.7265

       Sec. 3314.35.  (A)(1) Except as provided in division (A)(4) 7266
of this section, this section applies to any community school that 7267
meets one of the following criteria after July 1, 2009, but before 7268
July 1, 2011:7269

       (a) The school does not offer a grade level higher than three 7270
and has been declared to be in a state of academic emergency under 7271
section 3302.03 of the Revised Code for three of the four most 7272
recent school years.7273

       (b) The school satisfies all of the following conditions:7274

       (i) The school offers any of grade levels four to eight but 7275
does not offer a grade level higher than nine.7276

       (ii) The school has been declared to be in a state of 7277
academic emergency under section 3302.03 of the Revised Code for 7278
two of the three most recent school years.7279

       (iii) In at least two of the three most recent school years, 7280
the school showed less than one standard year of academic growth 7281
in either reading or mathematics, as determined by the department 7282
of education in accordance with rules adopted under division (A) 7283
of section 3302.021 of the Revised Code.7284

       (c) The school offers any of grade levels ten to twelve and 7285
has been declared to be in a state of academic emergency under 7286
section 3302.03 of the Revised Code for three of the four most 7287
recent school years.7288

       (2) Except as provided in division (A)(4) of this section, 7289
this section applies to any community school that meets one of the 7290
following criteria after July 1, 2011, but before July 1, 2013:7291

       (a) The school does not offer a grade level higher than three 7292
and has been declared to be in a state of academic emergency under 7293
section 3302.03 of the Revised Code for two of the three most 7294
recent school years.7295

       (b) The school satisfies all of the following conditions:7296

       (i) The school offers any of grade levels four to eight but 7297
does not offer a grade level higher than nine.7298

       (ii) The school has been declared to be in a state of 7299
academic emergency under section 3302.03 of the Revised Code for 7300
two of the three most recent school years.7301

       (iii) In at least two of the three most recent school years, 7302
the school showed less than one standard year of academic growth 7303
in either reading or mathematics, as determined by the department 7304
in accordance with rules adopted under division (A) of section 7305
3302.021 of the Revised Code.7306

       (c) The school offers any of grade levels ten to twelve and 7307
has been declared to be in a state of academic emergency under 7308
section 3302.03 of the Revised Code for two of the three most 7309
recent school years.7310

       (3) Except as provided in division (A)(4) of this section, 7311
this section applies to any community school that meets one of the 7312
following criteria on or after July 1, 2013:7313

        (a) The school does not offer a grade level higher than three 7314
and, for two of the three most recent school years, satisfies any 7315
of the following criteria:7316

        (i) The school has been declared to be in a state of academic 7317
emergency under section 3302.03 of the Revised Code, as it existed 7318
prior to March 22, 2013;7319

        (ii) The school has received a grade of "F" in improving 7320
literacy in grades kindergarten through three under division 7321
(B)(1)(j)(g) or (C)(1)(k)(g) of section 3302.03 of the Revised 7322
Code;7323

        (iii) The school has received an overall grade of "F" under 7324
division (C) of section 3302.03 of the Revised Code.7325

        (b) The school offers any of grade levels four to eight but 7326
does not offer a grade level higher than nine and, for two of the 7327
three most recent school years, satisfies any of the following 7328
criteria:7329

        (i) The school has been declared to be in a state of academic 7330
emergency under section 3302.03 of the Revised Code, as it existed 7331
prior to March 22, 2013, and the school showed less than one 7332
standard year of academic growth in either reading or mathematics, 7333
as determined by the department in accordance with rules adopted 7334
under division (A) of section 3302.021 of the Revised Code;7335

        (ii) The school has received a grade of "F" for the 7336
performance index score under division (A)(1)(b), (B)(1)(b), or 7337
(C)(1)(b) and a grade of "F" for the value-added progress 7338
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of 7339
section 3302.03 of the Revised Code;7340

        (iii) The school has received an overall grade of "F" under 7341
division (C) and a grade of "F" for the value-added progress 7342
dimension under division (C)(1)(e) of section 3302.03 of the 7343
Revised Code.7344

        (c) The school offers any of grade levels ten to twelve and, 7345
for two of the three most recent school years, satisfies any of 7346
the following criteria:7347

        (i) The school has been declared to be in a state of academic 7348
emergency under section 3302.03 of the Revised Code, as it existed 7349
prior to March 22, 2013;7350

        (ii) The school has received a grade of "F" for the 7351
performance index score under division (A)(1)(b), (B)(1)(b), or 7352
(C)(1)(b) and has not met annual measurable objectives under 7353
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of 7354
the Revised Code;7355

        (iii) The school has received an overall grade of "F" under 7356
division (C) and a grade of "F" for the value-added progress 7357
dimension under division (C)(1)(e) of section 3302.03 of the 7358
Revised Code.7359

       For purposes of division (A)(3) of this section only, the 7360
department of education shall calculate the value-added progress 7361
dimension for a community school shall be calculated using 7362
assessment scores for only those students to whom the school has 7363
administered the achievement assessments prescribed by section 7364
3301.0710 of the Revised Code for at least the two most recent 7365
school years but using value-added data from only the most recent 7366
school year.7367

        (4) This section does not apply to either of the following:7368

       (a) Any community school in which a majority of the students 7369
are enrolled in a dropout prevention and recovery program that is 7370
operated by the school. Rather, such schools shall be subject to 7371
closure only as provided in section 3314.351 of the Revised Code. 7372
However, prior to July 1, 2014, a community school in which a 7373
majority of the students are enrolled in a dropout prevention and 7374
recovery program shall be exempt from this section only if it has 7375
been granted a waiver under section 3314.36 of the Revised Code.7376

       (b) Any community school in which a majority of the enrolled 7377
students are children with disabilities receiving special 7378
education and related services in accordance with Chapter 3323. of 7379
the Revised Code.7380

       (B) Any community school to which this section applies shall 7381
permanently close at the conclusion of the school year in which 7382
the school first becomes subject to this section. The sponsor and 7383
governing authority of the school shall comply with all procedures 7384
for closing a community school adopted by the department under 7385
division (E) of section 3314.015 of the Revised Code. The 7386
governing authority of the school shall not enter into a contract 7387
with any other sponsor under section 3314.03 of the Revised Code 7388
after the school closes.7389

       (C) In accordance with division (B) of section 3314.012 of 7390
the Revised Code, the department shall not consider the 7391
performance ratings assigned to a community school for its first 7392
two years of operation when determining whether the school meets 7393
the criteria prescribed by division (A)(1) or (2) of this section.7394

       Sec. 3314.352. No community school that is permanently closed 7395
under section 3314.35 or 3314.351 of the Revised Code may be 7396
reopened under another name if any of the following conditions are 7397
true:7398

        (A) The new school has the same sponsor as the closed school.7399

        (B) The new school has the same chief administrator as the 7400
closed school.7401

        (C) The governing authority of the new school consists of any 7402
of the same members that served on the governing authority of the 7403
closed school during that school's last year of operation.7404

       (D) Fifty per cent or more of the teaching staff of the new 7405
school consists of the same individuals who were employed as 7406
teachers at the closed school during that school's last year of 7407
operation.7408

        (E) Fifty per cent or more of the administrative staff of the 7409
new school consists of the same individuals who were employed as 7410
administrators at the closed school during that school's last year 7411
of operation.7412

        (F) The performance standards and accountability plan 7413
prescribed by the sponsor contract for the new school, entered 7414
into under section 3314.03 of the Revised Code, are the same as 7415
those for the closed school.7416

       Sec. 3314.36. (A) Section 3314.35 of the Revised Code does 7417
not apply to any community school in which a majority of the 7418
students are enrolled in a dropout prevention and recovery program 7419
that is operated by the school and that has been granted a waiver 7420
by the department of education. Until June 30, 2014, the 7421
department shall grant a waiver to a dropout prevention and 7422
recovery program, within sixty days after the program applies for 7423
the waiver, if the program meets all of the following conditions:7424

       (1) The program serves only students not younger than sixteen 7425
years of age and not older than twenty-one years of age.7426

       (2) The program enrolls students who, at the time of their 7427
initial enrollment, either, or both, are at least one grade level 7428
behind their cohort age groups or experience crises that 7429
significantly interfere with their academic progress such that 7430
they are prevented from continuing their traditional programs.7431

       (3) The program requires students to attain at least the 7432
applicable score designated for each of the assessments prescribed 7433
under division (B)(1) of section 3301.0710 of the Revised Code or, 7434
to the extent prescribed by rule of the state board of education 7435
under division (D)(6)(5) of section 3301.0712 of the Revised Code, 7436
division (B)(2) of that section.7437

       (4) The program develops an individual career plan for the 7438
student that specifies the student's matriculating to a two-year 7439
degree program, acquiring a business and industry credential, or 7440
entering an apprenticeship.7441

       (5) The program provides counseling and support for the 7442
student related to the plan developed under division (A)(4) of 7443
this section during the remainder of the student's high school 7444
experience.7445

       (6) Prior to receiving the waiver, the program has submitted 7446
to the department an instructional plan that demonstrates how the 7447
academic content standards adopted by the state board of education 7448
under section 3301.079 of the Revised Code will be taught and 7449
assessed.7450

       If the department does not act either to grant the waiver or 7451
to reject the program application for the waiver within sixty days 7452
as required under this section, the waiver shall be considered to 7453
be granted.7454

       (B) Notwithstanding division (A) of this section, the 7455
department shall not grant a waiver to any community school that 7456
did not qualify for a waiver under this section when it initially 7457
began operations, unless the state board of education approves the 7458
waiver.7459

       (C) Beginning on July 1, 2014, all community schools in which 7460
a majority of the students are enrolled in a dropout prevention 7461
and recovery program are subject to the provisions of section 7462
3314.351 of the Revised Code, regardless of whether a waiver has 7463
been granted under this section. Thereafter, no waivers shall be 7464
granted under this section.7465

       Sec. 3317.03.  (A) The superintendent of each city, local, 7466
and exempted village school district shall report to the state 7467
board of education as of the last day of October, March, and June 7468
of each year the enrollment of students receiving services from 7469
schools under the superintendent's supervision, and the numbers of 7470
other students entitled to attend school in the district under 7471
section 3313.64 or 3313.65 of the Revised Code the superintendent 7472
is required to report under this section, so that the department 7473
of education can calculate the district's formula ADM, total ADM, 7474
category one through five career-technical education ADM, category 7475
one through three limited English proficient ADM, category one 7476
through six special education ADM, preschool scholarship ADM, 7477
transportation ADM, and, for purposes of provisions of law outside 7478
of Chapter 3317. of the Revised Code, average daily membership. 7479

       (1) The enrollment reported by the superintendent during the 7480
reporting period shall consist of the number of students in grades 7481
kindergarten through twelve receiving any educational services 7482
from the district, except that the following categories of 7483
students shall not be included in the determination:7484

       (a) Students enrolled in adult education classes;7485

       (b) Adjacent or other district students enrolled in the 7486
district under an open enrollment policy pursuant to section 7487
3313.98 of the Revised Code;7488

       (c) Students receiving services in the district pursuant to a 7489
compact, cooperative education agreement, or a contract, but who 7490
are entitled to attend school in another district pursuant to 7491
section 3313.64 or 3313.65 of the Revised Code;7492

       (d) Students for whom tuition is payable pursuant to sections 7493
3317.081 and 3323.141 of the Revised Code;7494

       (e) Students receiving services in the district through a 7495
scholarship awarded under either section 3310.41 or sections 7496
3310.51 to 3310.64 of the Revised Code.7497

       When reporting students under division (A)(1) of this 7498
section, the superintendent also shall report the district where 7499
each student is entitled to attend school pursuant to sections 7500
3313.64 and 3313.65 of the Revised Code.7501

       (2) The department of education shall compile a list of all 7502
students reported to be enrolled in a district under division 7503
(A)(1) of this section and of the students entitled to attend 7504
school in the district pursuant to section 3313.64 or 3313.65 of 7505
the Revised Code on an FTE basis but receiving educational 7506
services in grades kindergarten through twelve from one or more of 7507
the following entities:7508

       (a) A community school pursuant to Chapter 3314. of the 7509
Revised Code, including any participation in a college pursuant to 7510
Chapter 3365. of the Revised Code while enrolled in such community 7511
school;7512

       (b) An alternative school pursuant to sections 3313.974 to 7513
3313.979 of the Revised Code as described in division (I)(2)(a) or 7514
(b) of this section;7515

       (c) A college pursuant to Chapter 3365. of the Revised Code, 7516
except when the student is enrolled in the college while also 7517
enrolled in a community school pursuant to Chapter 3314. or, a 7518
science, technology, engineering, and mathematics school 7519
established under Chapter 3326., or a college-preparatory boarding 7520
school established under Chapter 3328. of the Revised Code;7521

       (d) An adjacent or other school district under an open 7522
enrollment policy adopted pursuant to section 3313.98 of the 7523
Revised Code;7524

       (e) An educational service center or cooperative education 7525
district;7526

       (f) Another school district under a cooperative education 7527
agreement, compact, or contract;7528

       (g) A chartered nonpublic school with a scholarship paid 7529
under section 3310.08 of the Revised Code, if the students 7530
qualified for the scholarship under section 3310.03 of the Revised 7531
Code;7532

        (h) An alternative public provider or a registered private 7533
provider with a scholarship awarded under either section 3310.41 7534
or sections 3310.51 to 3310.64 of the Revised Code. 7535

       As used in this section, "alternative public provider" and 7536
"registered private provider" have the same meanings as in section 7537
3310.41 or 3310.51 of the Revised Code, as applicable.7538

       (i) A science, technology, engineering, and mathematics 7539
school established under Chapter 3326. of the Revised Code, 7540
including any participation in a college pursuant to Chapter 3365. 7541
of the Revised Code while enrolled in the school;7542

       (j) A college-preparatory boarding school established under 7543
Chapter 3328. of the Revised Code, including any participation in 7544
a college pursuant to Chapter 3365. of the Revised Code while 7545
enrolled in the school.7546

       (3) The department also shall compile a list of the students 7547
entitled to attend school in the district under section 3313.64 or 7548
3313.65 of the Revised Code who are enrolled in a joint vocational 7549
school district or under a career-technical education compact, 7550
excluding any students so entitled to attend school in the 7551
district who are enrolled in another school district through an 7552
open enrollment policy as reported under division (A)(2)(d) of 7553
this section and then enroll in a joint vocational school district 7554
or under a career-technical education compact.7555

       The department shall provide each city, local, and exempted 7556
village school district with an opportunity to review the list of 7557
students compiled under divisions (A)(2) and (3) of this section 7558
to ensure that the students reported accurately reflect the 7559
enrollment of students in the district.7560

       (B) To enable the department of education to obtain the data 7561
needed to complete the calculation of payments pursuant to this 7562
chapter, each superintendent shall certify from the reports 7563
provided by the department under division (A) of this section all 7564
of the following:7565

       (1) The total student enrollment in regular learning day 7566
classes included in the report under division (A)(1) or (2) of 7567
this section for each of the individual grades kindergarten 7568
through twelve in schools under the superintendent's supervision;7569

       (2) The unduplicated count of the number of preschool 7570
children with disabilities enrolled in the district for whom the 7571
district is eligible to receive funding under section 3317.0213 of 7572
the Revised Code adjusted for the portion of the year each child 7573
is so enrolled, in accordance with the disability categories 7574
prescribed in section 3317.013 of the Revised Code;7575

       (3) The number of children entitled to attend school in the 7576
district pursuant to section 3313.64 or 3313.65 of the Revised 7577
Code who are:7578

       (a) Participating in a pilot project scholarship program 7579
established under sections 3313.974 to 3313.979 of the Revised 7580
Code as described in division (I)(2)(a) or (b) of this section;7581

       (b) Enrolled in a college under Chapter 3365. of the Revised 7582
Code, except when the student is enrolled in the college while 7583
also enrolled in a community school pursuant to Chapter 3314. of 7584
the Revised Code or, a science, technology, engineering, and 7585
mathematics school established under Chapter 3326., or a 7586
college-preparatory boarding school established under Chapter 7587
3328. of the Revised Code;7588

       (c) Enrolled in an adjacent or other school district under 7589
section 3313.98 of the Revised Code;7590

       (d) Enrolled in a community school established under Chapter 7591
3314. of the Revised Code that is not an internet- or 7592
computer-based community school as defined in section 3314.02 of 7593
the Revised Code, including any participation in a college 7594
pursuant to Chapter 3365. of the Revised Code while enrolled in 7595
such community school;7596

       (e) Enrolled in an internet- or computer-based community 7597
school, as defined in section 3314.02 of the Revised Code, 7598
including any participation in a college pursuant to Chapter 3365. 7599
of the Revised Code while enrolled in the school;7600

        (f) Enrolled in a chartered nonpublic school with a 7601
scholarship paid under section 3310.08 of the Revised Code and who 7602
qualified for the scholarship under section 3310.03 of the Revised 7603
Code;7604

       (g) Enrolled in kindergarten through grade twelve in an 7605
alternative public provider or a registered private provider with 7606
a scholarship awarded under section 3310.41 of the Revised Code;7607

        (h) Enrolled as a preschool child with a disability in an 7608
alternative public provider or a registered private provider with 7609
a scholarship awarded under section 3310.41 of the Revised Code;7610

       (i) Participating in a program operated by a county DD board 7611
or a state institution;7612

       (j) Enrolled in a science, technology, engineering, and 7613
mathematics school established under Chapter 3326. of the Revised 7614
Code, including any participation in a college pursuant to Chapter 7615
3365. of the Revised Code while enrolled in the school;7616

       (k) Enrolled in a college-preparatory boarding school 7617
established under Chapter 3328. of the Revised Code, including any 7618
participation in a college pursuant to Chapter 3365. of the 7619
Revised Code while enrolled in the school;7620

       (l) Enrolled in an alternative public provider or a 7621
registered private provider with a scholarship awarded under 7622
sections 3310.51 to 3310.64 of the Revised Code.7623

       (4) The total enrollment of pupils in joint vocational 7624
schools;7625

       (5) The combined enrollment of children with disabilities 7626
reported under division (A)(1) or (2) of this section receiving 7627
special education services for the category one disability 7628
described in division (A) of section 3317.013 of the Revised Code, 7629
including children attending a special education program operated 7630
by an alternative public provider or a registered private provider 7631
with a scholarship awarded under sections 3310.51 to 3310.64 of 7632
the Revised Code;7633

       (6) The combined enrollment of children with disabilities 7634
reported under division (A)(1) or (2) of this section receiving 7635
special education services for category two disabilities described 7636
in division (B) of section 3317.013 of the Revised Code, including 7637
children attending a special education program operated by an 7638
alternative public provider or a registered private provider with 7639
a scholarship awarded under sections 3310.51 to 3310.64 of the 7640
Revised Code;7641

       (7) The combined enrollment of children with disabilities 7642
reported under division (A)(1) or (2) of this section receiving 7643
special education services for category three disabilities 7644
described in division (C) of section 3317.013 of the Revised Code, 7645
including children attending a special education program operated 7646
by an alternative public provider or a registered private provider 7647
with a scholarship awarded under sections 3310.51 to 3310.64 of 7648
the Revised Code;7649

       (8) The combined enrollment of children with disabilities 7650
reported under division (A)(1) or (2) of this section receiving 7651
special education services for category four disabilities 7652
described in division (D) of section 3317.013 of the Revised Code, 7653
including children attending a special education program operated 7654
by an alternative public provider or a registered private provider 7655
with a scholarship awarded under sections 3310.51 to 3310.64 of 7656
the Revised Code;7657

       (9) The combined enrollment of children with disabilities 7658
reported under division (A)(1) or (2) of this section receiving 7659
special education services for the category five disabilities 7660
described in division (E) of section 3317.013 of the Revised Code, 7661
including children attending a special education program operated 7662
by an alternative public provider or a registered private provider 7663
with a scholarship awarded under sections 3310.51 to 3310.64 of 7664
the Revised Code;7665

       (10) The combined enrollment of children with disabilities 7666
reported under division (A)(1) or (2) and under division (B)(3)(h) 7667
of this section receiving special education services for category 7668
six disabilities described in division (F) of section 3317.013 of 7669
the Revised Code, including children attending a special education 7670
program operated by an alternative public provider or a registered 7671
private provider with a scholarship awarded under either section 7672
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;7673

       (11) The enrollment of pupils reported under division (A)(1) 7674
or (2) of this section on a full-time equivalency basis in 7675
category one career-technical education programs or classes, 7676
described in division (A) of section 3317.014 of the Revised Code, 7677
operated by the school district or by another district that is a 7678
member of the district's career-technical planning district, other 7679
than a joint vocational school district, or by an educational 7680
service center, notwithstanding division (H) of section 3317.02 of 7681
the Revised Code and division (C)(3) of this section;7682

       (12) The enrollment of pupils reported under division (A)(1) 7683
or (2) of this section on a full-time equivalency basis in 7684
category two career-technical education programs or services, 7685
described in division (B) of section 3317.014 of the Revised Code, 7686
operated by the school district or another school district that is 7687
a member of the district's career-technical planning district, 7688
other than a joint vocational school district, or by an 7689
educational service center, notwithstanding division (H) of 7690
section 3317.02 of the Revised Code and division (C)(3) of this 7691
section;7692

       (13) The enrollment of pupils reported under division (A)(1) 7693
or (2) of this section on a full-time equivalency basis in 7694
category three career-technical education programs or services, 7695
described in division (C) of section 3317.014 of the Revised Code, 7696
operated by the school district or another school district that is 7697
a member of the district's career-technical planning district, 7698
other than a joint vocational school district, or by an 7699
educational service center, notwithstanding division (H) of 7700
section 3317.02 of the Revised Code and division (C)(3) of this 7701
section;7702

       (14) The enrollment of pupils reported under division (A)(1) 7703
or (2) of this section on a full-time equivalency basis in 7704
category four career-technical education programs or services, 7705
described in division (D) of section 3317.014 of the Revised Code, 7706
operated by the school district or another school district that is 7707
a member of the district's career-technical planning district, 7708
other than a joint vocational school district, or by an 7709
educational service center, notwithstanding division (H) of 7710
section 3317.02 of the Revised Code and division (C)(3) of this 7711
section;7712

       (15) The enrollment of pupils reported under division (A)(1) 7713
or (2) of this section on a full-time equivalency basis in 7714
category five career-technical education programs or services, 7715
described in division (E) of section 3317.014 of the Revised Code, 7716
operated by the school district or another school district that is 7717
a member of the district's career-technical planning district, 7718
other than a joint vocational school district, or by an 7719
educational service center, notwithstanding division (H) of 7720
section 3317.02 of the Revised Code and division (C)(3) of this 7721
section;7722

       (16) The enrollment of pupils reported under division (A)(1) 7723
or (2) of this section who are limited English proficient students 7724
described in division (A) of section 3317.016 of the Revised Code, 7725
excluding any student reported under division (B)(3)(e) of this 7726
section as enrolled in an internet- or computer-based community 7727
school;7728

       (17) The enrollment of pupils reported under division (A)(1) 7729
or (2) of this section who are limited English proficient students 7730
described in division (B) of section 3317.016 of the Revised Code, 7731
excluding any student reported under division (B)(3)(e) of this 7732
section as enrolled in an internet- or computer-based community 7733
school;7734

       (18) The enrollment of pupils reported under division (A)(1) 7735
or (2) of this section who are limited English proficient students 7736
described in division (C) of section 3317.016 of the Revised Code, 7737
excluding any student reported under division (B)(3)(e) of this 7738
section as enrolled in an internet- or computer-based community 7739
school;7740

       (19) The average number of children transported during the 7741
reporting period by the school district on board-owned or 7742
contractor-owned and -operated buses, reported in accordance with 7743
rules adopted by the department of education;7744

       (20)(a) The number of children, other than preschool children 7745
with disabilities, the district placed with a county DD board in 7746
fiscal year 1998. Division (B)(20)(a) of this section does not 7747
apply after fiscal year 2013.7748

       (b) The number of children with disabilities, other than 7749
preschool children with disabilities, placed with a county DD 7750
board in the current fiscal year to receive special education 7751
services for the category one disability described in division (A) 7752
of section 3317.013 of the Revised Code;7753

       (c) The number of children with disabilities, other than 7754
preschool children with disabilities, placed with a county DD 7755
board in the current fiscal year to receive special education 7756
services for category two disabilities described in division (B) 7757
of section 3317.013 of the Revised Code;7758

       (d) The number of children with disabilities, other than 7759
preschool children with disabilities, placed with a county DD 7760
board in the current fiscal year to receive special education 7761
services for category three disabilities described in division (C) 7762
of section 3317.013 of the Revised Code;7763

       (e) The number of children with disabilities, other than 7764
preschool children with disabilities, placed with a county DD 7765
board in the current fiscal year to receive special education 7766
services for category four disabilities described in division (D) 7767
of section 3317.013 of the Revised Code;7768

       (f) The number of children with disabilities, other than 7769
preschool children with disabilities, placed with a county DD 7770
board in the current fiscal year to receive special education 7771
services for the category five disabilities described in division 7772
(E) of section 3317.013 of the Revised Code;7773

       (g) The number of children with disabilities, other than 7774
preschool children with disabilities, placed with a county DD 7775
board in the current fiscal year to receive special education 7776
services for category six disabilities described in division (F) 7777
of section 3317.013 of the Revised Code.7778

       (21) The enrollment of students who are economically 7779
disadvantaged, as defined by the department, excluding any student 7780
reported under division (B)(3)(e) of this section as enrolled in 7781
an internet- or computer-based community school. A student shall 7782
not be categorically excluded from the number reported under 7783
division (B)(21) of this section based on anything other than 7784
family income.7785

       (C)(1) The state board of education shall adopt rules 7786
necessary for implementing divisions (A), (B), and (D) of this 7787
section. 7788

       (2) A student enrolled in a community school established 7789
under Chapter 3314., a science, technology, engineering, and 7790
mathematics school established under Chapter 3326., or a 7791
college-preparatory boarding school established under Chapter 7792
3328. of the Revised Code shall be counted in the formula ADM and, 7793
if applicable, the category one, two, three, four, five, or six 7794
special education ADM of the school district in which the student 7795
is entitled to attend school under section 3313.64 or 3313.65 of 7796
the Revised Code for the same proportion of the school year that 7797
the student is counted in the enrollment of the community school, 7798
the science, technology, engineering, and mathematics school, or 7799
the college-preparatory boarding school for purposes of section 7800
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding 7801
the enrollment of students certified pursuant to division 7802
(B)(3)(d), (e), (j), or (k) of this section, the department may 7803
adjust the formula ADM of a school district to account for 7804
students entitled to attend school in the district under section 7805
3313.64 or 3313.65 of the Revised Code who are enrolled in a 7806
community school, a science, technology, engineering, and 7807
mathematics school, or a college-preparatory boarding school for 7808
only a portion of the school year.7809

        (3) No child shall be counted as more than a total of one 7810
child in the sum of the enrollment of students of a school 7811
district under division (A), divisions (B)(1) to (22), or division 7812
(D) of this section, except as follows:7813

       (a) A child with a disability described in section 3317.013 7814
of the Revised Code may be counted both in formula ADM and in 7815
category one, two, three, four, five, or six special education ADM 7816
and, if applicable, in category one, two, three, four, or five 7817
career-technical education ADM. As provided in division (H) of 7818
section 3317.02 of the Revised Code, such a child shall be counted 7819
in category one, two, three, four, five, or six special education 7820
ADM in the same proportion that the child is counted in formula 7821
ADM.7822

       (b) A child enrolled in career-technical education programs 7823
or classes described in section 3317.014 of the Revised Code may 7824
be counted both in formula ADM and category one, two, three, four, 7825
or five career-technical education ADM and, if applicable, in 7826
category one, two, three, four, five, or six special education 7827
ADM. Such a child shall be counted in category one, two, three, 7828
four, or five career-technical education ADM in the same 7829
proportion as the percentage of time that the child spends in the 7830
career-technical education programs or classes.7831

       (4) Based on the information reported under this section, the 7832
department of education shall determine the total student count, 7833
as defined in section 3301.011 of the Revised Code, for each 7834
school district.7835

       (D)(1) The superintendent of each joint vocational school 7836
district shall report and certify to the superintendent of public 7837
instruction as of the last day of October, March, and June of each 7838
year the enrollment of students receiving services from schools 7839
under the superintendent's supervision so that the department can 7840
calculate the district's formula ADM, total ADM, category one 7841
through five career-technical education ADM, category one through 7842
three limited English proficient ADM, category one through six 7843
special education ADM, and for purposes of provisions of law 7844
outside of Chapter 3317. of the Revised Code, average daily 7845
membership.7846

       The enrollment reported and certified by the superintendent, 7847
except as otherwise provided in this division, shall consist of 7848
the the number of students in grades six through twelve receiving 7849
any educational services from the district, except that the 7850
following categories of students shall not be included in the 7851
determination:7852

       (a) Students enrolled in adult education classes;7853

       (b) Adjacent or other district joint vocational students 7854
enrolled in the district under an open enrollment policy pursuant 7855
to section 3313.98 of the Revised Code;7856

       (c) Students receiving services in the district pursuant to a 7857
compact, cooperative education agreement, or a contract, but who 7858
are entitled to attend school in a city, local, or exempted 7859
village school district whose territory is not part of the 7860
territory of the joint vocational district;7861

       (d) Students for whom tuition is payable pursuant to sections 7862
3317.081 and 3323.141 of the Revised Code.7863

       (2) To enable the department of education to obtain the data 7864
needed to complete the calculation of payments pursuant to this 7865
chapter, each superintendent shall certify from the report 7866
provided under division (D)(1) of this section the enrollment for 7867
each of the following categories of students:7868

       (a) Students enrolled in each individual grade included in 7869
the joint vocational district schools;7870

       (b) Children with disabilities receiving special education 7871
services for the category one disability described in division (A) 7872
of section 3317.013 of the Revised Code;7873

       (c) Children with disabilities receiving special education 7874
services for the category two disabilities described in division 7875
(B) of section 3317.013 of the Revised Code;7876

       (d) Children with disabilities receiving special education 7877
services for category three disabilities described in division (C) 7878
of section 3317.013 of the Revised Code;7879

       (e) Children with disabilities receiving special education 7880
services for category four disabilities described in division (D) 7881
of section 3317.013 of the Revised Code;7882

       (f) Children with disabilities receiving special education 7883
services for the category five disabilities described in division 7884
(E) of section 3317.013 of the Revised Code;7885

       (g) Children with disabilities receiving special education 7886
services for category six disabilities described in division (F) 7887
of section 3317.013 of the Revised Code;7888

       (h) Students receiving category one career-technical 7889
education services, described in division (A) of section 3317.014 7890
of the Revised Code;7891

       (i) Students receiving category two career-technical 7892
education services, described in division (B) of section 3317.014 7893
of the Revised Code;7894

       (j) Students receiving category three career-technical 7895
education services, described in division (C) of section 3317.014 7896
of the Revised Code;7897

       (k) Students receiving category four career-technical 7898
education services, described in division (D) of section 3317.014 7899
of the Revised Code;7900

       (l) Students receiving category five career-technical 7901
education services, described in division (E) of section 3317.014 7902
of the Revised Code;7903

        (m) Limited English proficient students described in division 7904
(A) of section 3317.016 of the Revised Code;7905

       (n) Limited English proficient students described in division 7906
(B) of section 3317.016 of the Revised Code;7907

       (o) Limited English proficient students described in division 7908
(C) of section 3317.016 of the Revised Code;7909

       (p) Students who are economically disadvantaged, as defined 7910
by the department. A student shall not be categorically excluded 7911
from the number reported under division (D)(2)(p) of this section 7912
based on anything other than family income.7913

       The superintendent of each joint vocational school district 7914
shall also indicate the city, local, or exempted village school 7915
district in which each joint vocational district pupil is entitled 7916
to attend school pursuant to section 3313.64 or 3313.65 of the 7917
Revised Code.7918

       (E) In each school of each city, local, exempted village, 7919
joint vocational, and cooperative education school district there 7920
shall be maintained a record of school enrollment, which record 7921
shall accurately show, for each day the school is in session, the 7922
actual enrollment in regular day classes. For the purpose of 7923
determining the enrollment of students, the enrollment figure of 7924
any school shall not include any pupils except those pupils 7925
described by division (A) of this section. The record of 7926
enrollment for each school shall be maintained in such manner that 7927
no pupil shall be counted as enrolled prior to the actual date of 7928
entry in the school and also in such manner that where for any 7929
cause a pupil permanently withdraws from the school that pupil 7930
shall not be counted as enrolled from and after the date of such 7931
withdrawal. There shall not be included in the enrollment of any 7932
school any of the following:7933

       (1) Any pupil who has graduated from the twelfth grade of a 7934
public or nonpublic high school;7935

       (2) Any pupil who is not a resident of the state;7936

       (3) Any pupil who was enrolled in the schools of the district 7937
during the previous school year when assessments were administered 7938
under section 3301.0711 of the Revised Code but did not take one 7939
or more of the assessments required by that section and was not 7940
excused pursuant to division (C)(1) or (3) of that section;7941

       (4) Any pupil who has attained the age of twenty-two years, 7942
except for veterans of the armed services whose attendance was 7943
interrupted before completing the recognized twelve-year course of 7944
the public schools by reason of induction or enlistment in the 7945
armed forces and who apply for reenrollment in the public school 7946
system of their residence not later than four years after 7947
termination of war or their honorable discharge;7948

       (5) Any pupil who has a high school equivalence diploma as 7949
defined in section 5107.40 of the Revised Code.7950

       If, however, any veteran described by division (E)(4) of this 7951
section elects to enroll in special courses organized for veterans 7952
for whom tuition is paid under the provisions of federal laws, or 7953
otherwise, that veteran shall not be included in the enrollment of 7954
students determined under this section.7955

       Notwithstanding division (E)(3) of this section, the 7956
enrollment of any school may include a pupil who did not take an 7957
assessment required by section 3301.0711 of the Revised Code if 7958
the superintendent of public instruction grants a waiver from the 7959
requirement to take the assessment to the specific pupil and a 7960
parent is not paying tuition for the pupil pursuant to section 7961
3313.6410 of the Revised Code. The superintendent may grant such a 7962
waiver only for good cause in accordance with rules adopted by the 7963
state board of education.7964

       The formula ADM, total ADM, category one through five 7965
career-technical education ADM, category one through three limited 7966
English proficient ADM, category one through six special education 7967
ADM, preschool scholarship ADM, transportation ADM, and, for 7968
purposes of provisions of law outside of Chapter 3317. of the 7969
Revised Code, average daily membership of any school district 7970
shall be determined in accordance with rules adopted by the state 7971
board of education.7972

       (F)(1) If a student attending a community school under 7973
Chapter 3314., a science, technology, engineering, and mathematics 7974
school established under Chapter 3326., or a college-preparatory 7975
boarding school established under Chapter 3328. of the Revised 7976
Code is not included in the formula ADM calculated for the school 7977
district in which the student is entitled to attend school under 7978
section 3313.64 or 3313.65 of the Revised Code, the department of 7979
education shall adjust the formula ADM of that school district to 7980
include the student in accordance with division (C)(2) of this 7981
section, and shall recalculate the school district's payments 7982
under this chapter for the entire fiscal year on the basis of that 7983
adjusted formula ADM. 7984

       (2) If a student awarded an educational choice scholarship is 7985
not included in the formula ADM of the school district from which 7986
the department deducts funds for the scholarship under section 7987
3310.08 of the Revised Code, the department shall adjust the 7988
formula ADM of that school district to include the student to the 7989
extent necessary to account for the deduction, and shall 7990
recalculate the school district's payments under this chapter for 7991
the entire fiscal year on the basis of that adjusted formula ADM. 7992

       (3) If a student awarded a scholarship under the Jon Peterson 7993
special needs scholarship program is not included in the formula 7994
ADM of the school district from which the department deducts funds 7995
for the scholarship under section 3310.55 of the Revised Code, the 7996
department shall adjust the formula ADM of that school district to 7997
include the student to the extent necessary to account for the 7998
deduction, and shall recalculate the school district's payments 7999
under this chapter for the entire fiscal year on the basis of that 8000
adjusted formula ADM. 8001

       (G)(1)(a) The superintendent of an institution operating a 8002
special education program pursuant to section 3323.091 of the 8003
Revised Code shall, for the programs under such superintendent's 8004
supervision, certify to the state board of education, in the 8005
manner prescribed by the superintendent of public instruction, 8006
both of the following:8007

       (i) The unduplicated count of the number of all children with 8008
disabilities other than preschool children with disabilities 8009
receiving services at the institution for each category of 8010
disability described in divisions (A) to (F) of section 3317.013 8011
of the Revised Code adjusted for the portion of the year each 8012
child is so enrolled;8013

       (ii) The unduplicated count of the number of all preschool 8014
children with disabilities in classes or programs for whom the 8015
district is eligible to receive funding under section 3317.0213 of 8016
the Revised Code adjusted for the portion of the year each child 8017
is so enrolled, reported according to the categories prescribed in 8018
section 3317.013 of the Revised Code.8019

       (b) The superintendent of an institution with 8020
career-technical education units approved under section 3317.05 of 8021
the Revised Code shall, for the units under the superintendent's 8022
supervision, certify to the state board of education the 8023
enrollment in those units, in the manner prescribed by the 8024
superintendent of public instruction.8025

       (2) The superintendent of each county DD board that maintains 8026
special education classes under section 3317.20 of the Revised 8027
Code or provides services to preschool children with disabilities 8028
pursuant to an agreement between the DD board and the appropriate 8029
school district shall do both of the following:8030

       (a) Certify to the state board, in the manner prescribed by 8031
the board, the enrollment in classes under section 3317.20 of the 8032
Revised Code for each school district that has placed children in 8033
the classes;8034

       (b) Certify to the state board, in the manner prescribed by 8035
the board, the unduplicated count of the number of all preschool 8036
children with disabilities enrolled in classes for which the DD 8037
board is eligible to receive funding under section 3317.0213 of 8038
the Revised Code adjusted for the portion of the year each child 8039
is so enrolled, reported according to the categories prescribed in 8040
section 3317.013 of the Revised Code, and the number of those 8041
classes.8042

       (H) Except as provided in division (I) of this section, when 8043
any city, local, or exempted village school district provides 8044
instruction for a nonresident pupil whose attendance is 8045
unauthorized attendance as defined in section 3327.06 of the 8046
Revised Code, that pupil's enrollment shall not be included in 8047
that district's enrollment figure used in calculating the 8048
district's payments under this chapter. The reporting official 8049
shall report separately the enrollment of all pupils whose 8050
attendance in the district is unauthorized attendance, and the 8051
enrollment of each such pupil shall be credited to the school 8052
district in which the pupil is entitled to attend school under 8053
division (B) of section 3313.64 or section 3313.65 of the Revised 8054
Code as determined by the department of education.8055

       (I)(1) A city, local, exempted village, or joint vocational 8056
school district admitting a scholarship student of a pilot project 8057
district pursuant to division (C) of section 3313.976 of the 8058
Revised Code may count such student in its enrollment.8059

       (2) In any year for which funds are appropriated for pilot 8060
project scholarship programs, a school district implementing a 8061
state-sponsored pilot project scholarship program that year 8062
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 8063
count in its enrollment:8064

       (a) All children residing in the district and utilizing a 8065
scholarship to attend kindergarten in any alternative school, as 8066
defined in section 3313.974 of the Revised Code;8067

       (b) All children who were enrolled in the district in the 8068
preceding year who are utilizing a scholarship to attend an 8069
alternative school.8070

       (J) The superintendent of each cooperative education school 8071
district shall certify to the superintendent of public 8072
instruction, in a manner prescribed by the state board of 8073
education, the applicable enrollments for all students in the 8074
cooperative education district, also indicating the city, local, 8075
or exempted village district where each pupil is entitled to 8076
attend school under section 3313.64 or 3313.65 of the Revised 8077
Code.8078

       (K) If the superintendent of public instruction determines 8079
that a component of the enrollment certified or reported by a 8080
district superintendent, or other reporting entity, is not 8081
correct, the superintendent of public instruction may order that 8082
the formula ADM used for the purposes of payments under any 8083
section of Title XXXIII of the Revised Code be adjusted in the 8084
amount of the error.8085

       Sec. 3318.70.  (A) As used in this section:8086

       (1) "Acquisition of classroom facilities" has the same 8087
meaning as in section 3318.40 of the Revised Code. 8088

       (2) "Classroom facilities" has the same meaning as in section 8089
3318.01 of the Revised Code.8090

       (3) "STEM school" means a science, technology, engineering, 8091
and mathematics school established under Chapter 3326. of the 8092
Revised Code that is not governed by a single school district 8093
board of education, as prescribed by section 3326.51 of the 8094
Revised Code. 8095

       (B) The Ohio school facilities commission shall establish 8096
guidelines for assisting STEM schools in the acquisition of 8097
classroom facilities.8098

       (C) Upon receipt of a written proposal by the governing body 8099
of a STEM school, the Ohio school facilities commission, subject 8100
to approval of the controlling board, mayshall provide funding to 8101
assist that STEM school in the acquisition of classroom 8102
facilities. The proposal of the governing body shall be submitted 8103
in a form and in the manner prescribed by the commission. The 8104
proposal shall indicate both the total amount of funding requested 8105
from the commission and the amount of other funding pledged for 8106
the acquisition of the classroom facilities, the latter of which 8107
shall not be less than the total amount of funding requested from 8108
the commission. If the commission decides in favor of providing 8109
funding for the classroom facilitiesOnce the commission 8110
determines a proposal meets its established guidelines and if the 8111
controlling board approves that funding, the commission shall 8112
enter into an agreement with the governing body for the 8113
acquisition of the classroom facilities and shall encumber, in 8114
accordance with section 3318.11 of the Revised Code, the approved 8115
funding from the amounts appropriated to the commission for 8116
classroom facilities assistance projects. The agreement shall 8117
include a stipulation of the ownership of the classroom facilities 8118
in the event the STEM school permanently closes at any time.8119

       (C)(D) In the case of the governing body of a group of STEM 8120
schools, as prescribed by section 3326.031 of the Revised Code, 8121
the governing body shall submit a proposal for each school under 8122
its direction separately, and the commission shall consider each 8123
proposal separately.8124

       Sec. 3319.22.  (A)(1) The state board of education shall 8125
issue the following educator licenses:8126

       (a) A resident educator license, which shall be valid for 8127
four years, except that theand shall be renewable for reasons 8128
specified by rules adopted by the state board pursuant to division 8129
(A)(3) of this section. The state board, on a case-by-case basis, 8130
may extend the license's duration as necessary to enable the 8131
license holder to complete the Ohio teacher residency program 8132
established under section 3319.223 of the Revised Code;8133

       (b) A professional educator license, which shall be valid for 8134
five years and shall be renewable;8135

       (c) A senior professional educator license, which shall be 8136
valid for five years and shall be renewable;8137

       (d) A lead professional educator license, which shall be 8138
valid for five years and shall be renewable.8139

       (2) The state board may issue any additional educator 8140
licenses of categories, types, and levels the board elects to 8141
provide. 8142

       (3) The state board shall adopt rules establishing the 8143
standards and requirements for obtaining each educator license 8144
issued under this section. The rules shall also include the 8145
reasons for which a resident educator license may be renewed under 8146
division (A)(1)(a) of this section.8147

       (B) The rules adopted under this section shall require at 8148
least the following standards and qualifications for the educator 8149
licenses described in division (A)(1) of this section:8150

       (1) An applicant for a resident educator license shall hold 8151
at least a bachelor's degree from an accredited teacher 8152
preparation program or be a participant in the teach for America 8153
program and meet the qualifications required under section 8154
3319.227 of the Revised Code.8155

       (2) An applicant for a professional educator license shall:8156

       (a) Hold at least a bachelor's degree from an institution of 8157
higher education accredited by a regional accrediting 8158
organization;8159

       (b) Have successfully completed the Ohio teacher residency 8160
program established under section 3319.223 of the Revised Code, if 8161
the applicant's current or most recently issued license is a 8162
resident educator license issued under this section or an 8163
alternative resident educator license issued under section 3319.26 8164
of the Revised Code.8165

       (3) An applicant for a senior professional educator license 8166
shall:8167

       (a) Hold at least a master's degree from an institution of 8168
higher education accredited by a regional accrediting 8169
organization;8170

       (b) Have previously held a professional educator license 8171
issued under this section or section 3319.222 or under former 8172
section 3319.22 of the Revised Code;8173

       (c) Meet the criteria for the accomplished or distinguished 8174
level of performance, as described in the standards for teachers 8175
adopted by the state board under section 3319.61 of the Revised 8176
Code.8177

       (4) An applicant for a lead professional educator license 8178
shall:8179

       (a) Hold at least a master's degree from an institution of 8180
higher education accredited by a regional accrediting 8181
organization;8182

       (b) Have previously held a professional educator license or a 8183
senior professional educator license issued under this section or 8184
a professional educator license issued under section 3319.222 or 8185
former section 3319.22 of the Revised Code;8186

       (c) Meet the criteria for the distinguished level of 8187
performance, as described in the standards for teachers adopted by 8188
the state board under section 3319.61 of the Revised Code;8189

       (d) Either hold a valid certificate issued by the national 8190
board for professional teaching standards or meet the criteria for 8191
a master teacher or other criteria for a lead teacher adopted by 8192
the educator standards board under division (F)(4) or (5) of 8193
section 3319.61 of the Revised Code.8194

       (C) The state board shall align the standards and 8195
qualifications for obtaining a principal license with the 8196
standards for principals adopted by the state board under section 8197
3319.61 of the Revised Code. 8198

       (D) If the state board requires any examinations for educator 8199
licensure, the department of education shall provide the results 8200
of such examinations received by the department to the chancellor 8201
of the Ohio board of regents, in the manner and to the extent 8202
permitted by state and federal law.8203

       (E) Any rules the state board of education adopts, amends, or 8204
rescinds for educator licenses under this section, division (D) of 8205
section 3301.07 of the Revised Code, or any other law shall be 8206
adopted, amended, or rescinded under Chapter 119. of the Revised 8207
Code except as follows:8208

       (1) Notwithstanding division (D) of section 119.03 and 8209
division (A)(1) of section 119.04 of the Revised Code, in the case 8210
of the adoption of any rule or the amendment or rescission of any 8211
rule that necessitates institutions' offering preparation programs 8212
for educators and other school personnel that are approved by the 8213
chancellor of the Ohio board of regents under section 3333.048 of 8214
the Revised Code to revise the curriculum of those programs, the 8215
effective date shall not be as prescribed in division (D) of 8216
section 119.03 and division (A)(1) of section 119.04 of the 8217
Revised Code. Instead, the effective date of such rules, or the 8218
amendment or rescission of such rules, shall be the date 8219
prescribed by section 3333.048 of the Revised Code.8220

       (2) Notwithstanding the authority to adopt, amend, or rescind 8221
emergency rules in division (F) of section 119.03 of the Revised 8222
Code, this authority shall not apply to the state board of 8223
education with regard to rules for educator licenses.8224

       (F)(1) The rules adopted under this section establishing 8225
standards requiring additional coursework for the renewal of any 8226
educator license shall require a school district and a chartered 8227
nonpublic school to establish local professional development 8228
committees. In a nonpublic school, the chief administrative 8229
officer shall establish the committees in any manner acceptable to 8230
such officer. The committees established under this division shall 8231
determine whether coursework that a district or chartered 8232
nonpublic school teacher proposes to complete meets the 8233
requirement of the rules. The department of education shall 8234
provide technical assistance and support to committees as the 8235
committees incorporate the professional development standards 8236
adopted by the state board of education pursuant to section 8237
3319.61 of the Revised Code into their review of coursework that 8238
is appropriate for license renewal. The rules shall establish a 8239
procedure by which a teacher may appeal the decision of a local 8240
professional development committee.8241

       (2) In any school district in which there is no exclusive 8242
representative established under Chapter 4117. of the Revised 8243
Code, the professional development committees shall be established 8244
as described in division (F)(2) of this section.8245

       Not later than the effective date of the rules adopted under 8246
this section, the board of education of each school district shall 8247
establish the structure for one or more local professional 8248
development committees to be operated by such school district. The 8249
committee structure so established by a district board shall 8250
remain in effect unless within thirty days prior to an anniversary 8251
of the date upon which the current committee structure was 8252
established, the board provides notice to all affected district 8253
employees that the committee structure is to be modified. 8254
Professional development committees may have a district-level or 8255
building-level scope of operations, and may be established with 8256
regard to particular grade or age levels for which an educator 8257
license is designated.8258

       Each professional development committee shall consist of at 8259
least three classroom teachers employed by the district, one 8260
principal employed by the district, and one other employee of the 8261
district appointed by the district superintendent. For committees 8262
with a building-level scope, the teacher and principal members 8263
shall be assigned to that building, and the teacher members shall 8264
be elected by majority vote of the classroom teachers assigned to 8265
that building. For committees with a district-level scope, the 8266
teacher members shall be elected by majority vote of the classroom 8267
teachers of the district, and the principal member shall be 8268
elected by a majority vote of the principals of the district, 8269
unless there are two or fewer principals employed by the district, 8270
in which case the one or two principals employed shall serve on 8271
the committee. If a committee has a particular grade or age level 8272
scope, the teacher members shall be licensed to teach such grade 8273
or age levels, and shall be elected by majority vote of the 8274
classroom teachers holding such a license and the principal shall 8275
be elected by all principals serving in buildings where any such 8276
teachers serve. The district superintendent shall appoint a 8277
replacement to fill any vacancy that occurs on a professional 8278
development committee, except in the case of vacancies among the 8279
elected classroom teacher members, which shall be filled by vote 8280
of the remaining members of the committee so selected.8281

       Terms of office on professional development committees shall 8282
be prescribed by the district board establishing the committees. 8283
The conduct of elections for members of professional development 8284
committees shall be prescribed by the district board establishing 8285
the committees. A professional development committee may include 8286
additional members, except that the majority of members on each 8287
such committee shall be classroom teachers employed by the 8288
district. Any member appointed to fill a vacancy occurring prior 8289
to the expiration date of the term for which a predecessor was 8290
appointed shall hold office as a member for the remainder of that 8291
term.8292

       The initial meeting of any professional development 8293
committee, upon election and appointment of all committee members, 8294
shall be called by a member designated by the district 8295
superintendent. At this initial meeting, the committee shall 8296
select a chairperson and such other officers the committee deems 8297
necessary, and shall adopt rules for the conduct of its meetings. 8298
Thereafter, the committee shall meet at the call of the 8299
chairperson or upon the filing of a petition with the district 8300
superintendent signed by a majority of the committee members 8301
calling for the committee to meet.8302

       (3) In the case of a school district in which an exclusive 8303
representative has been established pursuant to Chapter 4117. of 8304
the Revised Code, professional development committees shall be 8305
established in accordance with any collective bargaining agreement 8306
in effect in the district that includes provisions for such 8307
committees.8308

       If the collective bargaining agreement does not specify a 8309
different method for the selection of teacher members of the 8310
committees, the exclusive representative of the district's 8311
teachers shall select the teacher members.8312

       If the collective bargaining agreement does not specify a 8313
different structure for the committees, the board of education of 8314
the school district shall establish the structure, including the 8315
number of committees and the number of teacher and administrative 8316
members on each committee; the specific administrative members to 8317
be part of each committee; whether the scope of the committees 8318
will be district levels, building levels, or by type of grade or 8319
age levels for which educator licenses are designated; the lengths 8320
of terms for members; the manner of filling vacancies on the 8321
committees; and the frequency and time and place of meetings. 8322
However, in all cases, except as provided in division (F)(4) of 8323
this section, there shall be a majority of teacher members of any 8324
professional development committee, there shall be at least five 8325
total members of any professional development committee, and the 8326
exclusive representative shall designate replacement members in 8327
the case of vacancies among teacher members, unless the collective 8328
bargaining agreement specifies a different method of selecting 8329
such replacements.8330

       (4) Whenever an administrator's coursework plan is being 8331
discussed or voted upon, the local professional development 8332
committee shall, at the request of one of its administrative 8333
members, cause a majority of the committee to consist of 8334
administrative members by reducing the number of teacher members 8335
voting on the plan.8336

       (G)(1) The department of education, educational service 8337
centers, county boards of developmental disabilities, regional 8338
professional development centers, special education regional 8339
resource centers, college and university departments of education, 8340
head start programs, and the Ohio education computer network may 8341
establish local professional development committees to determine 8342
whether the coursework proposed by their employees who are 8343
licensed or certificated under this section or section 3319.222 of 8344
the Revised Code, or under the former version of either section as 8345
it existed prior to October 16, 2009, meet the requirements of the 8346
rules adopted under this section. They may establish local 8347
professional development committees on their own or in 8348
collaboration with a school district or other agency having 8349
authority to establish them.8350

       Local professional development committees established by 8351
county boards of developmental disabilities shall be structured in 8352
a manner comparable to the structures prescribed for school 8353
districts in divisions (F)(2) and (3) of this section, as shall 8354
the committees established by any other entity specified in 8355
division (G)(1) of this section that provides educational services 8356
by employing or contracting for services of classroom teachers 8357
licensed or certificated under this section or section 3319.222 of 8358
the Revised Code, or under the former version of either section as 8359
it existed prior to October 16, 2009. All other entities specified 8360
in division (G)(1) of this section shall structure their 8361
committees in accordance with guidelines which shall be issued by 8362
the state board.8363

       (2) Any public agency that is not specified in division 8364
(G)(1) of this section but provides educational services and 8365
employs or contracts for services of classroom teachers licensed 8366
or certificated under this section or section 3319.222 of the 8367
Revised Code, or under the former version of either section as it 8368
existed prior to October 16, 2009, may establish a local 8369
professional development committee, subject to the approval of the 8370
department of education. The committee shall be structured in 8371
accordance with guidelines issued by the state board.8372

       Sec. 3319.26. (A) The state board of education shall adopt 8373
rules establishing the standards and requirements for obtaining an 8374
alternative resident educator license for teaching in grades 8375
kindergarten to twelve, or the equivalent, in a designated subject 8376
area or in the area of intervention specialist, as defined by rule 8377
of the state board. The rules shall also include the reasons for 8378
which an alternative resident educator license may be renewed 8379
under division (D) of this section.8380

       (B) The superintendent of public instruction and the 8381
chancellor of the Ohio board of regents jointly shall develop an 8382
intensive pedagogical training institute to provide instruction in 8383
the principles and practices of teaching for individuals seeking 8384
an alternative resident educator license. The instruction shall 8385
cover such topics as student development and learning, pupil 8386
assessment procedures, curriculum development, classroom 8387
management, and teaching methodology. 8388

       (C) The rules adopted under this section shall require 8389
applicants for the alternative resident educator license to 8390
satisfy the following conditions prior to issuance of the license, 8391
but they shall not require applicants to have completed a major in 8392
the subject area for which application is being made:8393

       (1) Hold a minimum of a baccalaureate degree;8394

       (2) Successfully complete the pedagogical training institute 8395
described in division (B) of this section or a summer training 8396
institute provided to participants of a teacher preparation 8397
program that is operated by a nonprofit organization and has been 8398
approved by the chancellor. The chancellor shall approve any such 8399
program that requires participants to hold a bachelor's degree; 8400
have a cumulative undergraduate grade point average of at least 8401
2.5 out of 4.0, or its equivalent; and successfully complete the 8402
program's summer training institute.8403

       (3) Pass an examination in the subject area for which 8404
application is being made. 8405

       (D) An alternative resident educator license shall be valid 8406
for four years, except that theand shall be renewable for reasons 8407
specified by rules adopted by the state board pursuant to division 8408
(A) of this section. The state board, on a case-by-case basis, may 8409
extend the license's duration as necessary to enable the license 8410
holder to complete the Ohio teacher residency program established 8411
under section 3319.223 of the Revised Code.8412

       (E) The rules shall require the holder of an alternative 8413
resident educator license, as a condition of continuing to hold 8414
the license, to do all of the following:8415

       (1) Participate in the Ohio teacher residency program;8416

       (2) Show satisfactory progress in taking and successfully 8417
completing one of the following:8418

       (a) At least twelve additional semester hours, or the 8419
equivalent, of college coursework in the principles and practices 8420
of teaching in such topics as student development and learning, 8421
pupil assessment procedures, curriculum development, classroom 8422
management, and teaching methodology;8423

       (b) Professional development provided by a teacher 8424
preparation program that has been approved by the chancellor under 8425
division (C)(2) of this section.8426

       (3) Take an assessment of professional knowledge in the 8427
second year of teaching under the license.8428

       (F) The rules shall provide for the granting of a 8429
professional educator license to a holder of an alternative 8430
resident educator license upon successfully completing all of the 8431
following:8432

       (1) Four years of teaching under the alternative license;8433

       (2) The additional college coursework or professional 8434
development described in division (E)(2) of this section;8435

       (3) The assessment of professional knowledge described in 8436
division (E)(3) of this section. The standards for successfully 8437
completing this assessment and the manner of conducting the 8438
assessment shall be the same as for any other individual who is 8439
required to take the assessment pursuant to rules adopted by the 8440
state board under section 3319.22 of the Revised Code.8441

       (4) The Ohio teacher residency program;8442

       (5) All other requirements for a professional educator 8443
license adopted by the state board under section 3319.22 of the 8444
Revised Code.8445

       (G) A person who is assigned to teach in this state as a 8446
participant in the teach for America program or who has completed 8447
two years of teaching in another state as a participant in that 8448
program shall be eligible for a license only under section 8449
3319.227 of the Revised Code and shall not be eligible for a 8450
license under this section.8451

       Sec. 3319.261. (A) Notwithstanding any other provision of the 8452
Revised Code or any rule adopted by the state board of education 8453
to the contrary, the state board shall issue an alternative 8454
resident educator license under division (C) of section 3319.26 of 8455
the Revised Code to each applicant who meets the following 8456
conditions:8457

       (1) Holds a bachelor's degree from an accredited institution 8458
of higher education; 8459

       (2) Has successfully completed one of the following: 8460

       (a) Graduation from an American Montessori society-affiliated 8461
teacher education program; 8462

       (b) Receipt of a certificate from the association Montessori 8463
internationale. 8464

       (3) Is employed in a school that operates a program that uses 8465
the Montessori method endorsed by the American Montessori society 8466
or the association Montessori internationale as its primary method 8467
of instruction. 8468

       (B) The holder of an alternative resident educator license 8469
issued under this section shall be subject to divisions (A), (B), 8470
(D), and (E) of section 3319.26 of the Revised Code and shall be 8471
granted a professional educator license upon successful completion 8472
of the requirements described in division (F) of section 3319.26 8473
of the Revised Code.8474

       Sec. 3319.31.  (A) As used in this section and sections 8475
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" 8476
means a certificate, license, or permit described in this chapter 8477
or in division (B) of section 3301.071 or in section 3301.074 of 8478
the Revised Code.8479

       (B) For any of the following reasons, the state board of 8480
education, in accordance with Chapter 119. and section 3319.311 of 8481
the Revised Code, may refuse to issue a license to an applicant; 8482
may limit a license it issues to an applicant; may suspend, 8483
revoke, or limit a license that has been issued to any person; or 8484
may revoke a license that has been issued to any person and has 8485
expired:8486

       (1) Engaging in an immoral act, incompetence, negligence, or 8487
conduct that is unbecoming to the applicant's or person's 8488
position;8489

       (2) A plea of guilty to, a finding of guilt by a jury or 8490
court of, or a conviction of any of the following:8491

       (a) A felony other than a felony listed in division (C) of 8492
this section;8493

       (b) An offense of violence other than an offense of violence 8494
listed in division (C) of this section;8495

       (c) A theft offense, as defined in section 2913.01 of the 8496
Revised Code, other than a theft offense listed in division (C) of 8497
this section;8498

       (d) A drug abuse offense, as defined in section 2925.01 of 8499
the Revised Code, that is not a minor misdemeanor, other than a 8500
drug abuse offense listed in division (C) of this section;8501

       (e) A violation of an ordinance of a municipal corporation 8502
that is substantively comparable to an offense listed in divisions 8503
(B)(2)(a) to (d) of this section.8504

       (3) A judicial finding of eligibility for intervention in 8505
lieu of conviction under section 2951.041 of the Revised Code, or 8506
agreeing to participate in a pre-trial diversion program under 8507
section 2935.36 of the Revised Code, or a similar diversion 8508
program under rules of a court, for any offense listed in division 8509
(B)(2) or (C) of this section;8510

       (4) Failure to comply with section 3313.536, 3314.40, 8511
3319.313, 3326.24, 3328.19, or 5126.253 of the Revised Code.8512

       (C) Upon learning of a plea of guilty to, a finding of guilt 8513
by a jury or court of, or a conviction of any of the offenses 8514
listed in this division by a person who holds a current or expired 8515
license or is an applicant for a license or renewal of a license, 8516
the state board or the superintendent of public instruction, if 8517
the state board has delegated the duty pursuant to division (D) of 8518
this section, shall by a written order revoke the person's license 8519
or deny issuance or renewal of the license to the person. The 8520
state board or the superintendent shall revoke a license that has 8521
been issued to a person to whom this division applies and has 8522
expired in the same manner as a license that has not expired.8523

       Revocation of a license or denial of issuance or renewal of a 8524
license under this division is effective immediately at the time 8525
and date that the board or superintendent issues the written order 8526
and is not subject to appeal in accordance with Chapter 119. of 8527
the Revised Code. Revocation of a license or denial of issuance or 8528
renewal of license under this division remains in force during the 8529
pendency of an appeal by the person of the plea of guilty, finding 8530
of guilt, or conviction that is the basis of the action taken 8531
under this division.8532

       The state board or superintendent shall take the action 8533
required by this division for a violation of division (B)(1), (2), 8534
(3), or (4) of section 2919.22 of the Revised Code; a violation of 8535
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 8536
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 8537
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 8538
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 8539
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22, 8540
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44, 8541
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121, 8542
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 8543
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 8544
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 8545
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 8546
of the Revised Code; a violation of section 2905.04 of the Revised 8547
Code as it existed prior to July 1, 1996; a violation of section 8548
2919.23 of the Revised Code that would have been a violation of 8549
section 2905.04 of the Revised Code as it existed prior to July 1, 8550
1996, had the violation been committed prior to that date; 8551
felonious sexual penetration in violation of former section 8552
2907.12 of the Revised Code; or a violation of an ordinance of a 8553
municipal corporation that is substantively comparable to an 8554
offense listed in this paragraph.8555

       (D) The state board may delegate to the superintendent of 8556
public instruction the authority to revoke a person's license or 8557
to deny issuance or renewal of a license to a person under 8558
division (C) or (F) of this section.8559

       (E)(1) If the plea of guilty, finding of guilt, or conviction 8560
that is the basis of the action taken under division (B)(2) or (C) 8561
of this section, or under the version of division (F) of section 8562
3319.311 of the Revised Code in effect prior to September 12, 8563
2008, is overturned on appeal, upon exhaustion of the criminal 8564
appeal, the clerk of the court that overturned the plea, finding, 8565
or conviction or, if applicable, the clerk of the court that 8566
accepted an appeal from the court that overturned the plea, 8567
finding, or conviction, shall notify the state board that the 8568
plea, finding, or conviction has been overturned. Within thirty 8569
days after receiving the notification, the state board shall 8570
initiate proceedings to reconsider the revocation or denial of the 8571
person's license in accordance with division (E)(2) of this 8572
section. In addition, the person whose license was revoked or 8573
denied may file with the state board a petition for 8574
reconsideration of the revocation or denial along with appropriate 8575
court documents.8576

       (2) Upon receipt of a court notification or a petition and 8577
supporting court documents under division (E)(1) of this section, 8578
the state board, after offering the person an opportunity for an 8579
adjudication hearing under Chapter 119. of the Revised Code, shall 8580
determine whether the person committed the act in question in the 8581
prior criminal action against the person that is the basis of the 8582
revocation or denial and may continue the revocation or denial, 8583
may reinstate the person's license, with or without limits, or may 8584
grant the person a new license, with or without limits. The 8585
decision of the board shall be based on grounds for revoking, 8586
denying, suspending, or limiting a license adopted by rule under 8587
division (G) of this section and in accordance with the 8588
evidentiary standards the board employs for all other licensure 8589
hearings. The decision of the board under this division is subject 8590
to appeal under Chapter 119. of the Revised Code.8591

       (3) A person whose license is revoked or denied under 8592
division (C) of this section shall not apply for any license if 8593
the plea of guilty, finding of guilt, or conviction that is the 8594
basis of the revocation or denial, upon completion of the criminal 8595
appeal, either is upheld or is overturned but the state board 8596
continues the revocation or denial under division (E)(2) of this 8597
section and that continuation is upheld on final appeal.8598

       (F) The state board may take action under division (B) of 8599
this section, and the state board or the superintendent shall take 8600
the action required under division (C) of this section, on the 8601
basis of substantially comparable conduct occurring in a 8602
jurisdiction outside this state or occurring before a person 8603
applies for or receives any license.8604

       (G) The state board may adopt rules in accordance with 8605
Chapter 119. of the Revised Code to carry out this section and 8606
section 3319.311 of the Revised Code.8607

       Sec. 3324.07.  (A) The board of education of each school 8608
district shall develop a plan for the service of gifted students 8609
enrolled in the district that are identified under section 3324.03 8610
of the Revised Code. Services specified in the plan developed by 8611
each board may include such options as the following:8612

       (1) A differentiated curriculum; 8613

       (2) Cluster grouping; 8614

       (3) Mentorships; 8615

       (4) Accelerated course work; 8616

       (5) The post-secondary enrollment optioncollege credit plus8617
program under Chapter 3365. of the Revised Code; 8618

       (6) Advanced placement; 8619

       (7) Honors classes; 8620

       (8) Magnet schools; 8621

       (9) Self-contained classrooms; 8622

       (10) Independent study; 8623

       (11) Other options identified in rules adopted by the 8624
department of education. 8625

       (B) Each board shall file the plan developed under division 8626
(A) of this section with the department of education by December 8627
15, 2000. The department shall review and analyze each plan to 8628
determine if it is adequate and to make funding estimates.8629

       (C) Unless otherwise required by law, rule, or as a condition 8630
for receipt of funds, school boards may implement the plans 8631
developed under division (A) of this section, but shall not be 8632
required to do so until further action by the general assembly or 8633
the state superintendent of public instruction.8634

       Sec. 3324.09. Not later than the thirtieth day of October of 8635
each year, the department of education shall publish on its web 8636
site each school district's expenditures for the previous fiscal 8637
year of funds received under division (A)(7) of section 3317.022 8638
of the Revised Code for the identification of and services 8639
provided to the district's gifted students.8640

       Sec. 3324.11. No rule adopted by the state board of education 8641
pursuant to this chapter, section 3301.07 of the Revised Code, or 8642
any other provision of the Revised Code shall permit a school 8643
district to report that it has provided services to a student 8644
identified as gifted unless those services are paid for by the 8645
district. Nothing in this section shall prohibit a district from 8646
requiring a student to pay the costs of advanced placement or 8647
international baccalaureate examinations.8648

       Sec. 3325.02. (A) As used in this chapter, "visual 8649
impairment" means blindness, partial blindness, deaf-blindness, or 8650
multiple disabilities if one of the disabilities is vision 8651
related.8652

       (B) Subject to the regulations adopted by the state board of 8653
education, the state school for the blind shall be open to receive 8654
such blind and partially blind persons,who are residents of this 8655
state, whose disabilities are visual impairments, and who, in the 8656
judgment of the superintendent of public instruction and the 8657
superintendent of the school for the blind, due to such 8658
disability, cannot be educated in the public school system and are 8659
suitable persons to receive instructions according to the methods 8660
employed in suchthe school.8661

       Sec. 3325.06. (A) The state board of education shall 8662
institute and establish a program of education by the department 8663
of education to train parents of deaf or hard of hearing children 8664
of preschool age. The object and purpose of the educational 8665
program shall be to aid and assist the parents of deaf or hard of 8666
hearing children of preschool age in affording to the children the 8667
means of optimum communicational facilities.8668

       (B) The state board of education shall institute and 8669
establish a program of education to train and assist parents of 8670
children of preschool age whose disabilities are visual 8671
impairments. The object and purpose of the educational program 8672
shall be to enable the parents of children of preschool age whose 8673
disabilities are visual impairments to provide their children with 8674
learning experiences that develop early literacy, communication, 8675
mobility, and daily living skills so the children can function 8676
independently in their living environments.8677

       Sec. 3325.07.  The state board of education in carrying out 8678
this section and division (A) of section 3325.06 of the Revised 8679
Code shall, insofar as practicable, plan, present, and carry into 8680
effect an educational program by means of any of the following 8681
methods of instruction:8682

       (A) Classes for parents of deaf or hard of hearing children 8683
of preschool age;8684

       (B) A nursery school where parent and child would enter the 8685
nursery school as a unit;8686

       (C) Correspondence course;8687

       (D) Personal consultations and interviews;8688

       (E) Day-care or child development courses;8689

       (F) Summer enrichment courses;8690

       (G) By such other means or methods as the superintendent of 8691
the state school for the deaf deems advisable that would permit a 8692
deaf or hard of hearing child of preschool age to construct a 8693
pattern of communication at an early age.8694

       The superintendent may allow children who are not deaf or 8695
hard of hearing to participate in the methods of instruction 8696
described in divisions (A) to (G) of this section as a means to 8697
assist deaf or hard of hearing children to construct a pattern of 8698
communication. The superintendent shall establish policies and 8699
procedures regarding the participation of children who are not 8700
deaf or hard of hearing.8701

       The superintendent may establish reasonable fees for 8702
participation in the methods of instruction described in divisions 8703
(A) to (G) of this section to defray the costs of carrying them 8704
out. The superintendent shall determine the manner by which any 8705
such fees shall be collected. All fees shall be deposited in the 8706
even start fees and gifts fund, which is hereby created in the 8707
state treasury. The money in the fund shall be used to implement 8708
this section.8709

       Sec. 3325.071.  The state board of education in carrying out 8710
this section and division (B) of section 3325.06 of the Revised 8711
Code shall, insofar as practicable, plan, present, and carry into 8712
effect an educational program by means of any of the following 8713
methods of instruction:8714

       (A) Classes for parents of children of preschool age whose 8715
disabilities are visual impairments, independently or in 8716
cooperation with community agencies;8717

       (B) Periodic interactive parent-child classes for infants and 8718
toddlers whose disabilities are visual impairments;8719

       (C) Correspondence course;8720

       (D) Personal consultations and interviews;8721

       (E) Day-care or child development courses for children and 8722
parents;8723

       (F) Summer enrichment courses;8724

       (G) By such other means or methods as the superintendent of 8725
the state school for the blind deems advisable that would permit a 8726
child of preschool age whose disability is a visual impairment to 8727
construct a pattern of communication and develop literacy, 8728
mobility, and independence at an early age.8729

       The superintendent may allow children who do not have 8730
disabilities that are visual impairments to participate in the 8731
methods of instruction described in divisions (A) to (G) of this 8732
section so that children of preschool age whose disabilities are 8733
visual impairments are able to learn alongside their peers while 8734
receiving specialized instruction that is based on early learning 8735
and development strategies. The superintendent shall establish 8736
policies and procedures regarding the participation of children 8737
who do not have disabilities that are visual impairments.8738

       The superintendent may establish reasonable fees for 8739
participation in the methods of instruction described in divisions 8740
(A) to (G) of this section to defray the costs of carrying them 8741
out. The superintendent shall determine the manner by which any 8742
such fees shall be collected. All fees shall be deposited in the 8743
state school for the blind even start fees and gifts fund, which 8744
is hereby created in the state treasury. The money in the fund 8745
shall be used to implement this section.8746

       Sec. 3325.08.  (A) A diploma shall be granted by the 8747
superintendent of the state school for the blind and the 8748
superintendent of the state school for the deaf to any student 8749
enrolled in one of these state schools to whom all of the 8750
following apply:8751

       (1) The student has successfully completed the individualized 8752
education program developed for the student for the student's high 8753
school education pursuant to section 3323.08 of the Revised Code;8754

       (2) Subject to section 3313.614 of the Revised Code, the 8755
student has met the assessment requirements of division (A)(2)(a) 8756
or (b) of this section, as applicable.8757

       (a) If the student entered the ninth grade prior to the date 8758
prescribed by rule of the state board of education under division 8759
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2014, the 8760
student either:8761

       (i) Has attained at least the applicable scores designated 8762
under division (B)(1) of section 3301.0710 of the Revised Code on 8763
all the assessments prescribed by that division unless division 8764
(L) of section 3313.61 of the Revised Code applies to the student;8765

       (ii) Has satisfied the alternative conditions prescribed in 8766
section 3313.615 of the Revised Code.8767

       (b) If the student entered the ninth grade on or after the 8768
date prescribed by rule of the state board under division (D)(2) 8769
of section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8770
has met the requirements of the entire assessment system8771
requirement prescribed under division (B)(2) ofby section 8772
3301.07103313.618 of the Revised Code, except to the extent that 8773
division (L) of section 3313.61 of the Revised Code applies to the 8774
student.8775

       (3) The student is not eligible to receive an honors diploma 8776
granted pursuant to division (B) of this section.8777

       No diploma shall be granted under this division to anyone 8778
except as provided under this division.8779

       (B) In lieu of a diploma granted under division (A) of this 8780
section, the superintendent of the state school for the blind and 8781
the superintendent of the state school for the deaf shall grant an 8782
honors diploma, in the same manner that the boards of education of 8783
school districts grant such diplomas under division (B) of section 8784
3313.61 of the Revised Code, to any student enrolled in one of 8785
these state schools who accomplishes all of the following:8786

       (1) Successfully completes the individualized education 8787
program developed for the student for the student's high school 8788
education pursuant to section 3323.08 of the Revised Code;8789

       (2) Subject to section 3313.614 of the Revised Code, has met 8790
the assessment requirements of division (B)(2)(a) or (b) of this 8791
section, as applicable.8792

       (a) If the student entered the ninth grade prior to the date 8793
prescribed by rule of the state board under division (D)(2) of 8794
section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8795
either:8796

       (i) Has attained at least the applicable scores designated 8797
under division (B)(1) of section 3301.0710 of the Revised Code on 8798
all the assessments prescribed under that division;8799

       (ii) Has satisfied the alternative conditions prescribed in 8800
section 3313.615 of the Revised Code.8801

       (b) If the student entered the ninth grade on or after the 8802
date prescribed by rule of the state board under division (D)(2) 8803
of section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8804
has met the requirements of the entire assessment system8805
requirement prescribed under division (B)(2) ofby section 8806
3301.07103313.618 of the Revised Code.8807

       (3) Has met additional criteria for granting an honors 8808
diploma. 8809

       These additional criteria shall be the same as those 8810
prescribed by the state board under division (B) of section 8811
3313.61 of the Revised Code for the granting of such diplomas by 8812
school districts. No honors diploma shall be granted to anyone 8813
failing to comply with this division and not more than one honors 8814
diploma shall be granted to any student under this division.8815

       (C) A diploma or honors diploma awarded under this section 8816
shall be signed by the superintendent of public instruction and 8817
the superintendent of the state school for the blind or the 8818
superintendent of the state school for the deaf, as applicable. 8819
Each diploma shall bear the date of its issue and be in such form 8820
as the school superintendent prescribes.8821

       (D) Upon granting a diploma to a student under this section, 8822
the superintendent of the state school in which the student is 8823
enrolled shall provide notice of receipt of the diploma to the 8824
board of education of the school district where the student is 8825
entitled to attend school under section 3313.64 or 3313.65 of the 8826
Revised Code when not residing at the state school for the blind 8827
or the state school for the deaf. The notice shall indicate the 8828
type of diploma granted.8829

       Sec. 3325.09.  (A) The state board of education shall 8830
institute and establish career-technical education and work 8831
training programs for secondary and post-secondary students whose 8832
disabilities are visual impairments. These programs shall develop 8833
communication, mobility, and work skills and assist students in 8834
becoming productive members of society so that they can contribute 8835
to their communities and living environments.8836

       (B) The state school for the blind may use any gifts, 8837
donations, or bequests it receives under section 3325.10 of the 8838
Revised Code for one or more of the following purposes that are 8839
related to career-technical and work training programs for 8840
secondary and post-secondary students whose disabilities are 8841
visual impairments:8842

       (1) Room and board;8843

       (2) Training in mobility and orientation;8844

       (3) Activities that teach daily living skills;8845

       (4) Rehabilitation technology;8846

       (5) Activities that teach group and individual social and 8847
interpersonal skills;8848

       (6) Work placement in the community by the school or a 8849
community agency;8850

       (7) Transportation to and from work sites or locations of 8851
community interaction;8852

       (8) Supervision and management of programs and services.8853

       Sec. 3325.10. The state school for the blind may receive and 8854
administer any federal funds relating to the education of blind or 8855
visually impaired students whose disabilities are visual 8856
impairments, including secondary and post-secondary students. The 8857
school for the blind also may accept and administer any gifts, 8858
donations, or bequests made to it for programs or services 8859
relating to the education of blind or visually impaired students 8860
whose disabilities are visual impairments, including secondary and 8861
post-secondary students.8862

       Sec. 3325.17.  There is hereby created in the state treasury 8863
the state school for the blind educational program expense fund. 8864
Moneys received by the school from donations, bequests, student 8865
fundraising activities, fees charged for camps, workshops, and 8866
summer work and learn cooperative programs, gate receipts from 8867
school activities, and any other moneys designated for deposit in 8868
the fund by the superintendent of the school, shall be credited to 8869
the fund. Notwithstanding section 3325.01 of the Revised Code, the 8870
approval of the state board of education is not required to 8871
designate money for deposit into the fund. The state school for 8872
the blind shall use moneys in the fund for educational programs, 8873
after-school activities, and expenses associated with student 8874
activities.8875

       Sec. 3326.11. Each science, technology, engineering, and 8876
mathematics school established under this chapter and its 8877
governing body shall comply with sections 9.90, 9.91, 109.65, 8878
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 8879
3301.0714, 3301.0715, 3301.948, 3313.14, 3313.15, 3313.16, 8880
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 8881
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 8882
3313.6014, 3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 8883
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 8884
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 8885
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 8886
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 8887
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 8888
3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 8889
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 8890
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 8891
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 8892
as if it were a school district.8893

       Sec. 3326.29. A STEM school established under this chapter 8894
may submit to the superintendent of public administration a 8895
request for a waiver from administering the state achievement 8896
assessments required under sections 3301.0710 and 3301.0712 of the 8897
Revised Code and related requirements specified under division 8898
(C)(2) of section 3302.15 of the Revised Code in the manner 8899
prescribed by that section as if it were a school district. A STEM 8900
school that obtains a waiver under section 3302.15 of the Revised 8901
Code shall comply with all provisions of that section as if it 8902
were a school district. A STEM school is presumptively eligible to 8903
request such a waiver.8904

       Sec. 3326.36.  The department of education shall reduce the 8905
amounts paid to a science, technology, engineering, and 8906
mathematics school under section 3326.33 of the Revised Code to 8907
reflect payments made to colleges under division (B) of section 8908
3365.07 of the Revised Code or through alternative funding 8909
agreements entered into under rules adopted under section 3365.12 8910
of the Revised Code. A student shall be considered enrolled in the 8911
school for any portion of the school year the student is attending 8912
a college under Chapter 3365. of the Revised Code.8913

       Sec. 3328.24. A college-preparatory boarding school 8914
established under this chapter and its board of trustees shall 8915
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 8916
3301.0714, 3301.948, 3313.536, 3313.6013, 3313.6411, 3319.39, and 8917
3319.391 and Chapter 3365. of the Revised Code as if the school 8918
were a school district and the school's board of trustees were a 8919
district board of education.8920

       Sec. 3328.25.  (A) The board of trustees of a 8921
college-preparatory boarding school established under this chapter 8922
shall grant a diploma to any student enrolled in the school to 8923
whom all of the following apply:8924

       (1) The student has successfully completed the school's high 8925
school curriculum or the IEP developed for the student by the 8926
school pursuant to section 3323.08 of the Revised Code or has 8927
qualified under division (D) or (F) of section 3313.603 of the 8928
Revised Code, provided that the school shall not require a student 8929
to remain in school for any specific number of semesters or other 8930
terms if the student completes the required curriculum early.8931

       (2) Subject to section 3313.614 of the Revised Code, the 8932
student has met the assessment requirements of division (A)(2)(a) 8933
or (b) of this section, as applicable.8934

       (a) If the student entered ninth grade prior to the date 8935
prescribed by rule of the state board of education under division 8936
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2014, the 8937
student either:8938

       (i) Has attained at least the applicable scores designated 8939
under division (B)(1) of section 3301.0710 of the Revised Code on 8940
all the assessments prescribed by that division unless division 8941
(L)(M) of section 3313.61 of the Revised Code applies to the 8942
student;8943

       (ii) Has satisfied the alternative conditions prescribed in 8944
section 3313.615 of the Revised Code.8945

       (b) If the person entered ninth grade on or after the date 8946
prescribed by rule of the state board under division (D)(2) of 8947
section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8948
has met the requirements of the entire assessment system8949
requirement prescribed under division (B)(2) ofby section 8950
3301.07103313.618 of the Revised Code, except to the extent that 8951
the student is excused from some portion of that assessment system8952
section pursuant to division (L)(M) of section 3313.61 of the 8953
Revised Code.8954

       (3) The student is not eligible to receive an honors diploma 8955
granted under division (B) of this section.8956

       No diploma shall be granted under this division to anyone 8957
except as provided in this division.8958

       (B) In lieu of a diploma granted under division (A) of this 8959
section, the board of trustees shall grant an honors diploma, in 8960
the same manner that boards of education of school districts grant 8961
honors diplomas under division (B) of section 3313.61 of the 8962
Revised Code, to any student enrolled in the school who 8963
accomplishes all of the following:8964

       (1) Successfully completes the school's high school 8965
curriculum or the IEP developed for the student by the school 8966
pursuant to section 3323.08 of the Revised Code;8967

       (2) Subject to section 3313.614 of the Revised Code, has met 8968
the assessment requirements of division (B)(2)(a) or (b) of this 8969
section, as applicable.8970

       (a) If the student entered ninth grade prior to the date 8971
prescribed by rule of the state board under division (D)(2) of 8972
section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8973
either:8974

       (i) Has attained at least the applicable scores designated 8975
under division (B)(1) of section 3301.0710 of the Revised Code on 8976
all the assessments prescribed under that division;8977

       (ii) Has satisfied the alternative conditions prescribed in 8978
section 3313.615 of the Revised Code.8979

       (b) If the person entered ninth grade on or after the date 8980
prescribed by rule of the state board under division (D)(2) of 8981
section 3301.0712 of the Revised CodeJuly 1, 2014, the student 8982
has met the requirements of the entire assessment system8983
requirement prescribed under division (B)(2) ofby section 8984
3301.0710 3313.618 of the Revised Code.8985

       (3) Has met the additional criteria for granting an honors 8986
diploma prescribed by the state board under division (B) of 8987
section 3313.61 of the Revised Code for the granting of honors 8988
diplomas by school districts.8989

       An honors diploma shall not be granted to a student who is 8990
subject to the Ohio core curriculumrequirements prescribed in 8991
division (C) of section 3313.603 of the Revised Code but elects 8992
the option of division (D) or (F) of that section. No honors 8993
diploma shall be granted to anyone failing to comply with this 8994
division, and not more than one honors diploma shall be granted to 8995
any student under this division.8996

       (C) A diploma or honors diploma awarded under this section 8997
shall be signed by the presiding officer of the board of trustees. 8998
Each diploma shall bear the date of its issue and be in such form 8999
as the board of trustees prescribes.9000

       (D) Upon granting a diploma to a student under this section, 9001
the presiding officer of the board of trustees shall provide 9002
notice of receipt of the diploma to the board of education of the 9003
city, exempted village, or local school district where the student 9004
is entitled to attend school when not residing at the 9005
college-preparatory boarding school. The notice shall indicate the 9006
type of diploma granted.9007

       Sec. 3331.04. Whenever an age and schooling certificate is 9008
applied for by a child over sixteen years of age who is unable to 9009
pass a test for the completion of the work of the seventh grade 9010
and who is not so below the normal in mental development that the 9011
child cannot profit from further schooling(A) Until July 1, 2016, 9012
an age and schooling certificate may be issued by the 9013
superintendent of schools to sucha child over sixteen years of 9014
age upon proof acceptable to such superintendent of the following 9015
facts and upon agreement to the respective conditions made in 9016
writing by the child and by the parents, guardian, or custodian in 9017
charge of such child:9018

       (A)(1) That the child is addicted to no habit which is likely 9019
to detract from the child's reliability or effectiveness as a 9020
worker, or proper use of the child's earnings or leisure, or the 9021
probability of the child's faithfully carrying out the conditions 9022
to which the child agrees as specified in division (B)(A)(2) of 9023
this section, and in addition any one of the following groups of 9024
facts:9025

       (1)(a) That the child has been a resident of the school 9026
district for the last two years, has diligently attended upon 9027
instruction at school for the last two years, and is able to read, 9028
write, and perform the fundamental operations of arithmetic. These 9029
abilities shall be judged by the superintendent.9030

       (2)(b) That the child having been a resident of the school 9031
district less than two years, diligently attended upon instruction 9032
in school in the district in which the child was a resident next 9033
preceding the child's residence in the present district for the 9034
last school year preceding the child's removal to the present 9035
district, and has diligently attended upon instruction in the 9036
schools of the present district for the period that the child has 9037
been a resident thereof;9038

       (3)(c) That the child has removed to the present school 9039
district since the beginning of the last annual school session, 9040
and that instruction adapted to the child's needs is not provided 9041
in the regular day schools in the district;9042

       (4) That the child is not sufficiently familiar with the 9043
English language to be properly instructed in the full-time day 9044
schools of the district;9045

       (5)(d) That conditions are such that the child must provide 9046
for the child's own support or that the child is needed for the 9047
support or care of parents or for the support or care of brothers 9048
or sisters for whom the parents are unable to provide and that the 9049
child is desirous of working for the support or care of self or of 9050
such parents or siblings and that such child cannot render such 9051
needed support or care by a reasonable effort outside of school 9052
hours; but no age and schooling certificate shall be granted to a 9053
child of this group upon proof of such facts without written 9054
consent given to the superintendent by the juvenile judge and by 9055
the department of job and family services.9056

       (B)(1)(2) In case the certificate is granted under division 9057
(A)(1), (2), (3), or (5) of this section, that until reaching the 9058
age of eighteen years the child will diligently attend in addition 9059
to part-time classes, such evening classes as will add to the 9060
child's education for literacy, citizenship, or vocational 9061
preparation which may be made available to the child in the school 9062
district and which the child may be directed to attend by the 9063
superintendent, or in case no such classes are available, that the 9064
child will pursue such reading and study and report monthly 9065
thereon as may be directed by the superintendent;9066

       (2) In case the certificate is granted under division (A)(4) 9067
of this section, that until the age of eighteen years the child 9068
will attend in addition to part-time classes, such evening classes 9069
as will assist the child to learn the English language or advance 9070
in Americanization which may be made available to the child in the 9071
school district and which the child may be directed to attend by 9072
the superintendent.9073

       (B) Beginning July 1, 2016, an age and schooling certificate 9074
may be issued pursuant to this section only to a child over 9075
sixteen years of age who does both of the following:9076

       (1) Upon agreement in writing, by the child and the parents, 9077
guardian, or custodian in charge of such child, provides proof 9078
acceptable to the superintendent that the conditions in division 9079
(A)(1) of this section are met;9080

       (2) Is enrolled in a competency-based instructional program 9081
to earn a high school diploma in accordance with the rules adopted 9082
by the state board of education pursuant to division (C) of this 9083
section.9084

       (C) Not later than July 1, 2016, the state board, in 9085
accordance with Chapter 119. of the Revised Code, shall adopt 9086
rules on the requirements for completing a competency-based 9087
instructional program that leads to a high school diploma under 9088
this section.9089

       Sec. 3333.041.  (A) On or before the last day of December of 9090
each year, the chancellor of the Ohio board of regents shall 9091
submit to the governor and, in accordance with section 101.68 of 9092
the Revised Code, the general assembly a report or reports 9093
concerning all of the following:9094

       (1) The status of graduates of Ohio school districts at state 9095
institutions of higher education during the twelve-month period 9096
ending on the thirtieth day of September of the current calendar 9097
year. The report shall list, by school district, the number of 9098
graduates of each school district who attended a state institution 9099
of higher education and the percentage of each district's 9100
graduates enrolled in a state institution of higher education 9101
during the reporting period who were required during such period 9102
by the college or university, as a prerequisite to enrolling in 9103
those courses generally required for first-year students, to 9104
enroll in a remedial course in English, including composition or 9105
reading, mathematics, and any other area designated by the 9106
chancellor. The chancellor also shall make the information 9107
described in division (A)(1) of this section available to the 9108
board of education of each city, exempted village, and local 9109
school district.9110

       Each state institution of higher education shall, by the 9111
first day of November of each year, submit to the chancellor in 9112
the form specified by the chancellor the information the 9113
chancellor requires to compile the report.9114

       (2) Aggregate academic growth data for students assigned to 9115
graduates of teacher preparation programs approved under section 9116
3333.048 of the Revised Code who teach English language arts or 9117
mathematics in any of grades four to eight in a public school in 9118
Ohio. For this purpose, the chancellor shall use the value-added 9119
progress dimension prescribed by section 3302.021 of the Revised 9120
Code or the alternative student academic progress measure if 9121
adopted under division (C)(1)(e) of section 3302.03 of the Revised 9122
Code. The chancellor shall aggregate the data by graduating class 9123
for each approved teacher preparation program, except that if a 9124
particular class has ten or fewer graduates to which this section 9125
applies, the chancellor shall report the data for a group of 9126
classes over a three-year period. In no case shall the report 9127
identify any individual graduate. The department of education 9128
shall share any data necessary for the report with the chancellor.9129

       (3) The following information with respect to the Ohio 9130
tuition trust authority:9131

       (a) The name of each investment manager that is a minority 9132
business enterprise or a women's business enterprise with which 9133
the chancellor contracts;9134

       (b) The amount of assets managed by investment managers that 9135
are minority business enterprises or women's business enterprises, 9136
expressed as a percentage of assets managed by investment managers 9137
with which the chancellor has contracted;9138

       (c) Efforts by the chancellor to increase utilization of 9139
investment managers that are minority business enterprises or 9140
women's business enterprises.9141

       (4) A description of dual enrollmentadvanced standing9142
programs, as defined in section 3313.6013 of the Revised Code, 9143
that are offered by school districts, community schools 9144
established under Chapter 3314. of the Revised Code, STEM schools 9145
established under Chapter 3326. of the Revised Code, 9146
college-preparatory boarding schools established under Chapter 9147
3328. of the Revised Code, and chartered nonpublic high schools. 9148
The chancellor also shall post the information on the chancellor's 9149
web site.9150

        (5) The chancellor's strategy in assigning choose Ohio first 9151
scholarships, as established under section 3333.61 of the Revised 9152
Code, among state universities and colleges and how the actual 9153
awards fit that strategy.9154

        (6) The academic and economic impact of the Ohio 9155
co-op/internship program established under section 3333.72 of the 9156
Revised Code. At a minimum, the report shall include the 9157
following:9158

        (a) Progress and performance metrics for each initiative that 9159
received an award in the previous fiscal year;9160

        (b) Economic indicators of the impact of each initiative, and 9161
all initiatives as a whole, on the regional economies and the 9162
statewide economy;9163

        (c) The chancellor's strategy in allocating awards among 9164
state institutions of higher education and how the actual awards 9165
fit that strategy.9166

       (B) As used in this section:9167

       (1) "Minority business enterprise" has the same meaning as in 9168
section 122.71 of the Revised Code.9169

       (2) "State institution of higher education" and "state 9170
university" have the same meanings as in section 3345.011 of the 9171
Revised Code.9172

       (3) "State university or college" has the same meaning as in 9173
section 3345.12 of the Revised Code.9174

        (4) "Women's business enterprise" means a business, or a 9175
partnership, corporation, limited liability company, or joint 9176
venture of any kind, that is owned and controlled by women who are 9177
United States citizens and residents of this state.9178

       Sec. 3333.123.  (A) As used in this section:9179

        (1) "The Ohio college opportunity grant program" means the 9180
program established under section 3333.122 of the Revised Code.9181

        (2) "Rules for the Ohio college opportunity grant program" 9182
means the rules authorized in division (R) of section 3333.04 of 9183
the Revised Code for the implementation of the program.9184

        (B) In adopting rules for the Ohio college opportunity grant 9185
program, the chancellor of the Ohio board of regents may include 9186
provisions that give preferential or priority funding to 9187
low-income students who in their primary and secondary school work 9188
participate in or complete rigorous academic coursework, attain 9189
passing scores on the assessments prescribed in section 3301.0710 9190
or 3301.0712 of the Revised Code, or meet other high academic 9191
performance standards determined by the chancellor to reduce the 9192
need for remediation and ensure academic success at the 9193
postsecondary education level. Any such rules shall include a 9194
specification of procedures needed to certify student achievement 9195
of primary and secondary standards as well as the timeline for 9196
implementation of the provisions authorized by this section.9197

       Sec. 3333.35.  The state board of education and the 9198
chancellor of the Ohio board of regents shall strive to reduce 9199
unnecessary student remediation costs incurred by colleges and 9200
universities in this state, increase overall access for students 9201
to higher education, enhance the post-secondary enrollment options9202
college credit plus program in accordance with Chapter 3365. of 9203
the Revised Code, and enhance the alternative resident educator 9204
licensure program in accordance with section 3319.26 of the 9205
Revised Code.9206

       Sec. 3333.43.  This section does not apply to any 9207
baccalaureate degree program that is a cooperative education 9208
program, as defined in section 3333.71 of the Revised Code.9209

       (A) The chancellor of the Ohio board of regents shall require 9210
all state institutions of higher education that offer 9211
baccalaureate degrees, as a condition of reauthorization for 9212
certification of each baccalaureate program offered by the 9213
institution, to submit a statement describing how each major for 9214
which the school offers a baccalaureate degree may be completed 9215
within three academic years. The chronology of the statement shall 9216
begin with the fall semester of a student's first year of the 9217
baccalaureate program.9218

       (B) The statement required under this section may include, 9219
but not be limited to, any of the following methods to contribute 9220
to earning a baccalaureate degree in three years:9221

       (1) Advanced placement credit;9222

       (2) International baccalaureate program credit;9223

       (3) A waiver of degree and credit-hour requirements by 9224
completion of courses that are widely available at community 9225
colleges in the state or through online programs offered by state 9226
institutions of higher education or private nonprofit institutions 9227
of higher education holding certificates of authorization under 9228
Chapter 1713. of the Revised Code, and through courses taken by 9229
the student through the post-secondary enrollment optionscollege 9230
credit plus program under Chapter 3365. of the Revised Code;9231

       (4) Completion of coursework during summer sessions;9232

       (5) A waiver of foreign-language degree requirements based on 9233
a proficiency examination specified by the institution.9234

       (C)(1) Not later than October 15, 2012, each state 9235
institution of higher education shall provide statements required 9236
under this section for ten per cent of all baccalaureate degree 9237
programs offered by the institution.9238

       (2) Not later than June 30, 2014, each state institution of 9239
higher education shall provide statements required under this 9240
section for sixty per cent of all baccalaureate degree programs 9241
offered by the institution.9242

       (D) Each state institution of higher education required to 9243
submit statements under this section shall post its three-year 9244
option on its web site and also provide that information to the 9245
department of education. The department shall distribute that 9246
information to the superintendent, high school principal, and 9247
guidance counselor, or equivalents, of each school district, 9248
community school established under Chapter 3314. of the Revised 9249
Code, and STEM school established under Chapter 3326. of the 9250
Revised Code.9251

       (E) Nothing in this section requires an institution to take 9252
any action that would violate the requirements of any independent 9253
association accrediting baccalaureate degree programs.9254

       Sec. 3333.86.  The chancellor of the Ohio board of regents 9255
may determine the manner in which a course included in the 9256
clearinghouse may be offered as a dual enrollmentan advanced 9257
standing program as defined in section 3313.6013 of the Revised 9258
Code, may be offered to students who are enrolled in nonpublic 9259
schools or are instructed at home pursuant to section 3321.04 of 9260
the Revised Code, or may be offered at times outside the normal 9261
school day or school week, including any necessary additional fees 9262
and methods of payment for a course so offered.9263

       Sec. 3345.06.  (A) Subject to divisions (B) and (C) of this 9264
section, a graduate of the twelfth grade shall be entitled to 9265
admission without examination to any college or university which 9266
is supported wholly or in part by the state, but for unconditional 9267
admission may be required to complete such units not included in 9268
the graduate's high school course as may be prescribed, not less 9269
than two years prior to the graduate's entrance, by the faculty of 9270
the institution.9271

       (B) Beginning with the 2014-2015 academic year, each state 9272
university listed in section 3345.011 of the Revised Code, except 9273
for Central state university, Shawnee state university, and 9274
Youngstown state university, shall permit a resident of this state 9275
who entered ninth grade for the first time on or after July 1, 9276
2010, to begin undergraduate coursework at the university only if 9277
the person has successfully completed the Ohio core curriculum9278
requirements for high school graduation prescribed in division (C) 9279
of section 3313.603 of the Revised Code, unless one of the 9280
following applies:9281

       (1) The person has earned at least ten semester hours, or the 9282
equivalent, at a community college, state community college, 9283
university branch, technical college, or another post-secondary 9284
institution except a state university to which division (B) of 9285
this section applies, in courses that are college-credit-bearing 9286
and may be applied toward the requirements for a degree. The 9287
university shall grant credit for successful completion of those 9288
courses pursuant to any applicable articulation and transfer 9289
policy of the Ohio board of regents or any agreements the 9290
university has entered into in accordance with policies and 9291
procedures adopted under section 3333.16, 3313.1613333.161, or 9292
3333.162 of the Revised Code. The university may count college 9293
credit that the student earned while in high school through the 9294
post-secondary enrollment optionscollege credit plus program 9295
under Chapter 3365. of the Revised Code, or through other dual 9296
enrollmentadvanced standing programs, toward the requirements of 9297
division (B)(1) of this section if the credit may be applied 9298
toward a degree.9299

       (2) The person qualified to graduate from high school under 9300
division (D) or (F) of section 3313.603 of the Revised Code and 9301
has successfully completed the topics or courses that the person 9302
lacked to graduate under division (C) of that section at any 9303
post-secondary institution or at a summer program at the state 9304
university. A state university may admit a person for enrollment 9305
contingent upon completion of such topics or courses or summer 9306
program.9307

       (3) The person met the high school graduation requirements by 9308
successfully completing the person's individualized education 9309
program developed under section 3323.08 of the Revised Code.9310

       (4) The person is receiving or has completed the final year 9311
of instruction at home as authorized under section 3321.04 of the 9312
Revised Code, or has graduated from a nonchartered, nonpublic 9313
school in Ohio, and demonstrates mastery of the academic content 9314
and skills in reading, writing, and mathematics needed to 9315
successfully complete introductory level coursework at an 9316
institution of higher education and to avoid remedial coursework.9317

       (5) The person is a high school student participating in the 9318
post-secondary enrollment optionscollege credit plus program 9319
under Chapter 3365. of the Revised Code or another dual enrollment9320
advanced standing program.9321

       (C) A state university subject to division (B) of this 9322
section may delay admission for or admit conditionally an 9323
undergraduate student who has successfully completed the Ohio core 9324
curriculumrequirements prescribed in division (C) of section 9325
3313.603 of the Revised Code if the university determines the 9326
student requires academic remedial or developmental coursework. 9327
The university may delay admission pending, or make admission 9328
conditional upon, the student's successful completion of the 9329
academic remedial or developmental coursework at a university 9330
branch, community college, state community college, or technical 9331
college.9332

       (D) This section does not deny the right of a college of law, 9333
medicine, or other specialized education to require college 9334
training for admission, or the right of a department of music or 9335
other art to require particular preliminary training or talent.9336

       Sec. 3345.061.  (A) Ohio's two-year institutions of higher 9337
education are respected points of entry for students embarking on 9338
post-secondary careers and courses completed at those institutions 9339
are transferable to state universities in accordance with 9340
articulation and transfer agreements developed under sections 9341
3333.16, 3333.161, and 3333.162 of the Revised Code.9342

       (B) Beginning with undergraduate students who commence 9343
undergraduate studies in the 2014-2015 academic year, no state 9344
university listed in section 3345.011 of the Revised Code, except 9345
Central state university, Shawnee state university, and Youngstown 9346
state university, shall receive any state operating subsidies for 9347
any academic remedial or developmental courses for undergraduate 9348
students, including courses prescribed in the Ohio core curriculum 9349
for high school graduation under division (C) of section 3313.603 9350
of the Revised Code, offered at its main campus, except as 9351
provided in divisions (B)(1) to (4) of this section.9352

        (1) In the 2014-2015 and 2015-2016 academic years, a state 9353
university may receive state operating subsidies for academic 9354
remedial or developmental courses for not more than three per cent 9355
of the total undergraduate credit hours provided by the university 9356
at its main campus.9357

        (2) In the 2016-2017 academic year, a state university may 9358
receive state operating subsidies for academic remedial or 9359
developmental courses for not more than fifteen per cent of the 9360
first-year students who have graduated from high school within the 9361
previous twelve months and who are enrolled in the university at 9362
its main campus, as calculated on a full-time-equivalent basis.9363

        (3) In the 2017-2018 academic year, a state university may 9364
receive state operating subsidies for academic remedial or 9365
developmental courses for not more than ten per cent of the 9366
first-year students who have graduated from high school within the 9367
previous twelve months and who are enrolled in the university at 9368
its main campus, as calculated on a full-time-equivalent basis.9369

        (4) In the 2018-2019 academic year, a state university may 9370
receive state operating subsidies for academic remedial or 9371
developmental courses for not more than five per cent of the 9372
first-year students who have graduated from high school within the 9373
previous twelve months and who are enrolled in the university at 9374
its main campus, as calculated on a full-time-equivalent basis.9375

       Each state university may continue to offer academic remedial 9376
and developmental courses at its main campus beyond the extent for 9377
which state operating subsidies may be paid under this division 9378
and may continue to offer such courses beyond the 2018-2019 9379
academic year. However, the university shall not receive any state 9380
operating subsidies for such courses above the maximum amounts 9381
permitted in this division.9382

       (C) Except as otherwise provided in division (B) of this 9383
section, beginning with students who commence undergraduate 9384
studies in the 2014-2015 academic year, state operating subsidies 9385
for academic remedial or developmental courses offered by state 9386
institutions of higher education may be paid only to Central state 9387
university, Shawnee state university, Youngstown state university, 9388
any university branch, any community college, any state community 9389
college, or any technical college.9390

       (D) Each state university shall grant credit for academic 9391
remedial or developmental courses successfully completed at an 9392
institution described in division (C) of this section pursuant to 9393
any applicable articulation and transfer agreements the university 9394
has entered into in accordance with policies and procedures 9395
adopted under section 3333.16, 3333.161, or 3333.162 of the 9396
Revised Code.9397

       (E) The chancellor of the Ohio board of regents shall do all 9398
of the following:9399

       (1) Withhold state operating subsidies for academic remedial 9400
or developmental courses provided by a state university as 9401
required in order to conform to divisions (B) and (C) of this 9402
section;9403

       (2) Adopt uniform statewide standards for academic remedial 9404
and developmental courses offered by all state institutions of 9405
higher education;9406

       (3) Encourage and assist in the design and establishment of 9407
academic remedial and developmental courses by institutions of 9408
higher education;9409

       (4) Define "academic year" for purposes of this section and 9410
section 3345.06 of the Revised Code;9411

       (5) Encourage and assist in the development of articulation 9412
and transfer agreements between state universities and other 9413
institutions of higher education in accordance with policies and 9414
procedures adopted under sections 3333.16, 3333.161, and 3333.162 9415
of the Revised Code.9416

       (F) Not later than December 31, 2012, the presidents, or 9417
equivalent position, of all state institutions of higher 9418
education, or their designees, jointly shall establish uniform 9419
statewide standards in mathematics, science, reading, and writing 9420
each student enrolled in a state institution of higher education 9421
must meet to be considered in remediation-free status. The 9422
presidents also shall establish assessments, if they deem 9423
necessary, to determine if a student meets the standards adopted 9424
under this division. Each institution is responsible for assessing 9425
the needs of its enrolled students in the manner adopted by the 9426
presidents. The board of trustees or managing authority of each 9427
state institution of higher education shall adopt the 9428
remediation-free status standard, and any related assessments, 9429
into the institution's policies.9430

       The chancellor shall assist in coordinating the work of the 9431
presidents under this division. The chancellor shall monitor the 9432
standards in mathematics, science, reading, and writing 9433
established under division (F) of this section to ensure that the 9434
standards adequately demonstrate a student's remediation-free 9435
status.9436

       (G) Each year, not later than a date established by the 9437
chancellor, each state institution of higher education shall 9438
report to the governor, the general assembly, the chancellor, and 9439
the superintendent of public instruction all of the following for 9440
the prior academic year:9441

       (1) The institution's aggregate costs for providing academic 9442
remedial or developmental courses;9443

       (2) The amount of those costs disaggregated according to the 9444
city, local, or exempted village school districts from which the 9445
students taking those courses received their high school diplomas;9446

       (3) Any other information with respect to academic remedial 9447
and developmental courses that the chancellor considers 9448
appropriate.9449

       (H) Not later than December 31, 2011, and the thirty-first 9450
day of each December thereafter, the chancellor and the 9451
superintendent of public instruction shall issue a report 9452
recommending policies and strategies for reducing the need for 9453
academic remediation and developmental courses at state 9454
institutions of higher education.9455

       (I) As used in this section, "state institution of higher 9456
education" has the same meaning as in section 3345.011 of the 9457
Revised Code.9458

       Sec. 3365.01. As used in this chapter:9459

       (A) "Articulated credit" means post-secondary credit that is 9460
reflected on the official record of a student at an institution of 9461
higher education only upon enrollment at that institution after 9462
graduation from a secondary school.9463

       (B) "Default ceiling amount" means one of the following 9464
amounts, whichever is applicable:9465

       (1) For a participant enrolled in a college operating on a 9466
semester schedule, the amount calculated according to the 9467
following formula:9468



((0.83 X formula amount) / 30)
9470

X number of enrolled credit hours
9471

       (2) For a participant enrolled in a college operating on a 9472
quarter schedule, the amount calculated according to the following 9473
formula:9474



((0.83 X formula amount) / 45)
9476

X number of enrolled credit hours
9477

       (C) "Default floor amount" means twenty-five per cent of the 9478
default ceiling amount.9479

       (D) "Eligible out-of-state college" means any institution of 9480
higher education that is located outside of Ohio and is approved 9481
by the chancellor of the Ohio board of regents to participate in 9482
the college credit plus program.9483

        (E) "Fee" means any course-related fee and any other fee 9484
imposed by the college, but not included in tuition, for 9485
participation in the program established by this chapter.9486

       (F) "Formula amount" has the same meaning as in section 9487
3317.02 of the Revised Code.9488

       (G) "Governing entity" means a board of education of a school 9489
district, a governing authority of a community school established 9490
under Chapter 3314., a governing body of a STEM school established 9491
under Chapter 3326., or a board of trustees of a 9492
college-preparatory boarding school established under Chapter 9493
3328. of the Revised Code.9494

       (H) "Home-instructed participant" means a student who has 9495
been excused from the compulsory attendance law for the purpose of 9496
home instruction under section 3321.04 of the Revised Code, and is 9497
participating in the program established by this chapter.9498

       (I) "Maximum per participant charge amount" means one of the 9499
following amounts, whichever is applicable:9500

       (1) For a participant enrolled in a college operating on a 9501
semester schedule, the amount calculated according to the 9502
following formula:9503

((formula amount / 30)
9504

X number of enrolled credit hours)
9505

       (2) For a participant enrolled in a college operating on a 9506
quarter schedule, the amount calculated according to the following 9507
formula:9508

((formula amount / 45)
9509

X number of enrolled credit hours)
9510

       (J) "Nonpublic secondary school" means a chartered school for 9511
which minimum standards are prescribed by the state board of 9512
education pursuant to division (D) of section 3301.07 of the 9513
Revised Code.9514

       (K) "Number of enrolled credit hours" means the number of 9515
credit hours for a course in which a participant is enrolled 9516
during the previous term after the date on which a withdrawal from 9517
a course would have negatively affected the participant's 9518
transcripted grade, as prescribed by the college's established 9519
withdrawal policy.9520

       (L) "Parent" has the same meaning as in section 3313.64 of 9521
the Revised Code.9522

       (M) "Participant" means any student enrolled in a college 9523
under the program established by this chapter.9524

       (N) "Partnering college" means a college with which a public 9525
or nonpublic secondary school has entered into an agreement in 9526
order to offer the program established by this chapter.9527

       (O) "Partnering secondary school" means a public or nonpublic 9528
secondary school with which a college has entered into an 9529
agreement in order to offer the program established by this 9530
chapter.9531

       (P) "Private college" means any of the following:9532

       (1) A nonprofit institution holding a certificate of 9533
authorization pursuant to Chapter 1713. of the Revised Code;9534

       (2) An institution holding a certificate of registration from 9535
the state board of career colleges and schools and program 9536
authorization for an associate or bachelor's degree program issued 9537
under section 3332.05 of the Revised Code;9538

       (3) A private institution exempt from regulation under 9539
Chapter 3332. of the Revised Code as prescribed in section 9540
3333.046 of the Revised Code.9541

       (Q) "Public college" means a "state institution of higher 9542
education" in section 3345.011 of the Revised Code, excluding the 9543
northeast Ohio medical university.9544

       (R) "Public secondary school" means a school serving grades 9545
nine through twelve in a city, local, or exempted village school 9546
district, a joint vocational school district, a community school 9547
established under Chapter 3314., a STEM school established under 9548
Chapter 3326., or a college-preparatory boarding school 9549
established under Chapter 3328. of the Revised Code.9550

       (S) "School year" has the same meaning as in section 3313.62 9551
of the Revised Code.9552

       (T) "Secondary grade" means any of grades nine through 9553
twelve.9554

       (U) "Transcripted credit" means post-secondary credit that is 9555
conferred by an institution of higher education and is reflected 9556
on a student's official record at that institution upon completion 9557
of a course.9558

       Sec. 3365.02. (A) There is hereby established the college 9559
credit plus program under which, beginning with the 2015-2016 9560
school year, a secondary grade student who is a resident of this 9561
state may enroll at a college, on a full- or part-time basis, and 9562
complete nonsectarian, nonremedial courses for high school and 9563
college credit. The program shall govern arrangements in which a 9564
secondary grade student enrolls in a college and, upon successful 9565
completion of coursework taken under the program, receives 9566
transcripted credit from the college, except for any of the 9567
following:9568

       (1) An agreement governing an early college high school 9569
program that meets any of the exemption criteria under division 9570
(E) of section 3313.6013 of the Revised Code;9571

       (2) An advanced placement course or international 9572
baccalaureate diploma course, as described in divisions (A)(2) and 9573
(3) of section 3313.6013 of the Revised Code;9574

       (3) Until July 1, 2016, a career-technical education program 9575
that is approved by the department of education under section 9576
3317.161 of the Revised Code and grants articulated credit to 9577
students participating in that program.9578

       (B) Any student enrolled in a public or nonpublic secondary 9579
school in the student's ninth, tenth, eleventh, or twelfth grade; 9580
any student enrolled in a nonchartered nonpublic secondary school 9581
in the student's ninth, tenth, eleventh, or twelfth grade; and any 9582
student who has been excused from the compulsory attendance law 9583
for the purpose of home instruction under section 3321.04 of the 9584
Revised Code and is the equivalent of a ninth, tenth, eleventh, or 9585
twelfth grade student, may participate in the program, if the 9586
student meets the applicable eligibility criteria in section 9587
3365.03 of the Revised Code. If a nonchartered nonpublic secondary 9588
school student chooses to participate in the program, that student 9589
shall be subject to the same requirements as a home-instructed 9590
student who chooses to participate in the program under this 9591
chapter.9592

       (C) All public secondary schools and all public colleges 9593
shall participate in the program and are subject to the 9594
requirements of this chapter. Any nonpublic secondary school or 9595
private college that chooses to participate in the program shall 9596
also be subject to the requirements of this chapter.9597

       (D) The chancellor of the Ohio board of regents, in 9598
accordance with Chapter 119. of the Revised Code and in 9599
consultation with the superintendent of public instruction, shall 9600
adopt rules governing the program.9601

       Sec. 3365.03. (A) A student enrolled in a public or nonpublic 9602
secondary school during the student's ninth, tenth, eleventh, or 9603
twelfth grade school year; a student enrolled in a nonchartered 9604
nonpublic secondary school in the student's ninth, tenth, 9605
eleventh, or twelfth grade school year; or a student who has been 9606
excused from the compulsory attendance law for the purpose of home 9607
instruction under section 3321.04 of the Revised Code and is the 9608
equivalent of a ninth, tenth, eleventh, or twelfth grade student, 9609
may apply to and enroll in a college under the college credit plus 9610
program.9611

       (1) In order for a public secondary school student to 9612
participate in the program, all of the following criteria shall be 9613
met:9614

       (a) The student or the student's parent shall inform the 9615
principal, or equivalent, of the student's school by the first day 9616
of April of the student's intent to participate in the program 9617
during the following school year. Any student who fails to provide 9618
the notification by the required date may not participate in the 9619
program during the following school year without the written 9620
consent of the principal, or equivalent. If a student seeks 9621
consent from the principal after failing to provide notification 9622
by the required date, the principal shall notify the department of 9623
education of the student's intent to participate within ten days 9624
of the date on which the student seeks consent. If the principal 9625
does not provide written consent, the student may appeal the 9626
principal's decision to the state board of education. Not later 9627
than thirty days after the notification of the appeal, the state 9628
board shall hear the appeal and shall make a decision to either 9629
grant or deny that student's participation in the program.9630

       (b) The student shall both:9631

       (i) Apply to a public or a participating private college, or 9632
an eligible out-of-state college participating in the program, in 9633
accordance with the college's established procedures for 9634
admission, pursuant to section 3365.05 of the Revised Code;9635

       (ii) Meet the college's established standards for admission 9636
and for course placement, including course-specific capacity 9637
limitations, pursuant to section 3365.05 of the Revised Code.9638

       (c) The student shall elect at the time of enrollment to 9639
participate under either division (A) or (B) of section 3365.06 of 9640
the Revised Code for each course under the program.9641

       (d) The student and the student's parent shall sign a form, 9642
provided by the school, stating that they have received the 9643
counseling required under division (B) of section 3365.04 of the 9644
Revised Code and that they understand the responsibilities they 9645
must assume in the program.9646

       (2) In order for a nonpublic secondary school student, a 9647
nonchartered nonpublic secondary school student, or a 9648
home-instructed student to participate in the program, both of the 9649
following criteria shall be met:9650

       (a) The student shall meet the criteria in divisions 9651
(A)(1)(b) and (c) of this section.9652

       (b)(i) If the student is enrolled in a nonpublic secondary 9653
school, that student shall send to the department of education a 9654
copy of the student's acceptance from a college and an 9655
application. The application shall be made on forms provided by 9656
the state board of education and shall include information about 9657
the student's proposed participation, including the school year in 9658
which the student wishes to participate; and the semesters or 9659
terms the student wishes to enroll during such year. The 9660
department shall mark each application with the date and time of 9661
receipt.9662

       (ii) If the student is enrolled in a nonchartered nonpublic 9663
secondary school or is home-instructed, the parent or guardian of 9664
that student shall notify the department by the first day of April 9665
prior to the school year in which the student wishes to 9666
participate.9667

       (B) Except as provided for in division (C) of this section 9668
and in sections 3365.031 and 3365.032 of the Revised Code:9669

       (1) No public secondary school shall prohibit a student 9670
enrolled in that school from participating in the program if that 9671
student meets all of the criteria in division (A)(1) of this 9672
section.9673

       (2) No participating nonpublic secondary school shall 9674
prohibit a student enrolled in that school from participating in 9675
the program if the student meets all of the criteria in division 9676
(A)(2) of this section and, if the student is enrolled under 9677
division (B) of section 3365.06 of the Revised Code, the student 9678
is awarded funding from the department in accordance with rules 9679
adopted by the chancellor of the Ohio board of regents, in 9680
consultation with the superintendent of public instruction, 9681
pursuant to section 3365.071 of the Revised Code.9682

       (C) For purposes of this section, during the period of an 9683
expulsion imposed by a public secondary school, a student is 9684
ineligible to apply to enroll in a college under this section, 9685
unless the student is admitted to another public secondary or 9686
participating nonpublic secondary school. If a student is enrolled 9687
in a college under this section at the time the student is 9688
expelled, the student's status for the remainder of the college 9689
term in which the expulsion is imposed shall be determined under 9690
section 3365.032 of the Revised Code.9691

       (D) Upon a student's graduation from high school, 9692
participation in the college credit plus program shall not affect 9693
the student's eligibility at any public college for scholarships 9694
or for other benefits or opportunities that are available to 9695
first-time college students and are awarded by that college, 9696
regardless of the number of credit hours that the student 9697
completed under the program. 9698

       Sec. 3365.06.        Sec. 3365.031.  (A) A student in grade nine may not 9699
enroll in courses under this chapter for which the student elects 9700
under division (B) of section 3365.043365.06 of the Revised Code 9701
to receive credit toward high school graduation for more than the 9702
equivalent of four academic school years. A student enrolling in 9703
courses under this chapter may not enroll in courses in which the 9704
student elects to receive credit toward high school graduation for 9705
more than the equivalent of:9706

       (1) Three academic school years, if the student so enrolls 9707
for the first time in grade ten;9708

       (2) Two academic school years, if the student so enrolls for 9709
the first time in grade eleven;9710

       (3) One academic school year, if the student so enrolls for 9711
the first time in grade twelve. 9712

       These(B) The restrictions prescribed in division (A) of this 9713
section shall be reduced proportionately for any such student who 9714
enrolls in the program during the course of a school year in 9715
accordance with rules adopted under section 3365.02 of the Revised 9716
Code.9717

       (B) In considering the admission of any secondary student, a 9718
college shall give priority to its other students regarding 9719
enrollment in courses. However, once a student has been accepted 9720
in a course as a participant, the institution shall not displace 9721
the participant for another student.9722

       Sec. 3365.041.        Sec. 3365.032.  (A) When a school district 9723
superintendent, the governing authority of a community school, or 9724
the chief administrative officer of a STEMpublic secondary school 9725
expels a student under division (B) of section 3313.66 of the 9726
Revised Code or, for a college-preparatory boarding school 9727
established under Chapter 3328. of the Revised Code, in accordance 9728
with the school's bylaws adopted pursuant to section 3328.13 of 9729
the Revised Code, the district superintendent, governing 9730
authority, or chief administrative officeror equivalent, shall 9731
send a written notice of the expulsion to any college in which the 9732
expelled student is enrolled under section 3365.03 of the Revised 9733
Code at the time the expulsion is imposed. The notice shall 9734
indicate the date the expulsion is scheduled to expire. The notice 9735
also shall indicate whether the district board of education, 9736
community school governing authority, or the STEM school has 9737
adopted a policy under section 3313.613 of the Revised Code or, 9738
for a college-preparatory boarding school, in accordance with the 9739
school's bylaws adopted pursuant to section 3328.13 of the Revised 9740
Code to deny high school credit for post-secondary courses taken 9741
under the college credit plus program during an expulsion. If the 9742
expulsion is extended under division (F) of section 3313.66 of the 9743
Revised Code or, for a college-preparatory boarding school, in 9744
accordance with the school's bylaws adopted pursuant to section 9745
3328.13 of the Revised Code, the district superintendent, 9746
community school governing authority, or STEM school chief 9747
administrative officeror equivalent, shall notify the college of 9748
the extension.9749

       (B) A college may withdraw its acceptance under section 9750
3365.03 of the Revised Code of a student who is expelled from 9751
school under division (B) of section 3313.66 of the Revised Code 9752
or, for a college-preparatory boarding school, in accordance with 9753
the school's bylaws adopted pursuant to section 3328.13 of the 9754
Revised Code. As provided in section 3365.03 of the Revised Code, 9755
regardless of whether the college withdraws its acceptance of the 9756
student for the college term in which the student is expelled, the 9757
student is ineligible to enroll in a college under that section 9758
for subsequent college terms during the period of the expulsion, 9759
unless the student enrolls in another public school district or 9760
community school, or a participating nonpublic school during that 9761
period.9762

       If a college withdraws its acceptance of an expelled student 9763
who elected either option of division (A)(1) or (2) of section 9764
3365.043365.06 of the Revised Code, the college shall refund 9765
tuition and fees paid by the student in the same proportion that 9766
it refunds tuition and fees to students who voluntarily withdraw 9767
from the college at the same time in the term.9768

       If a college withdraws its acceptance of an expelled student 9769
who elected the option of division (B) of section 3365.043365.069770
of the Revised Code, the public school district, community school, 9771
or STEM school shall not award high school credit for the college 9772
courses in which the student was enrolled at the time the college 9773
withdrew its acceptance, and any reimbursement under section 9774
3365.07 of the Revised Code or through alternative funding 9775
agreements entered into under rules adopted under section 3365.12 9776
of the Revised Code for the student's attendance prior to the 9777
withdrawal shall be the same as would be paid for a student who 9778
voluntarily withdrew from the college at the same time in the 9779
term. If the withdrawal results in the college's receiving no 9780
reimbursement, the college or secondary school may require the 9781
student to return or pay for theany textbooks and materials it 9782
provided the student free of charge under section 3365.08 of the 9783
Revised Code.9784

       (C) When a student who elected the option of division (B) of 9785
section 3365.043365.06 of the Revised Code is expelled under 9786
division (B) of section 3313.66 of the Revised Code or, for a 9787
college-preparatory boarding school, in accordance with the 9788
school's bylaws adopted pursuant to section 3328.13 of the Revised 9789
Code from a public school district, community school, or STEM 9790
school that has adopted a policy under section 3313.613 of the 9791
Revised Code or, for a college-preparatory boarding school, in 9792
accordance with the school's bylaws adopted pursuant to section 9793
3328.13 of the Revised Code to deny high school credit for courses 9794
taken under the college credit plus program during an expulsion, 9795
that election is automatically revoked for all college courses in 9796
which the student is enrolled during the college term in which the 9797
expulsion is imposed. Any reimbursement under section 3365.07 of 9798
the Revised Code or through alternative funding agreements entered 9799
into under rules adopted under section 3365.12 of the Revised Code9800
for the student's attendance prior to the expulsion shall be the 9801
same as would be paid for a student who voluntarily withdrew from 9802
the college at the same time in the term. If the revocation 9803
results in the college's receiving no reimbursement, the college 9804
or secondary school may require the student to return or pay for 9805
theany textbooks and materials it provided the student free of 9806
charge under section 3365.08 of the Revised Code.9807

       NoNot later than five days after receiving an expulsion 9808
notice from the superintendent of a district, the governing 9809
authority of a community school, or the chief administrative 9810
officer of a STEM, or equivalent, of a public school that has 9811
adopted a policy under section 3313.613 of the Revised Code or, 9812
for a college-preparatory boarding school, in accordance with the 9813
school's bylaws adopted pursuant to section 3328.13 of the Revised 9814
Code, the college shall send a written notice to the expelled 9815
student that the student's election of division (B) of section 9816
3365.043365.06 of the Revised Code is revoked. If the college 9817
elects not to withdraw its acceptance of the student, the student 9818
shall pay all applicable tuition and fees for the college courses 9819
and shall pay for theany textbooks and materials that the college 9820
or secondary school provided under section 3365.08 of the Revised 9821
Codeto the student.9822

       Sec. 3365.033. (A) Notwithstanding anything to the contrary 9823
in Chapter 3365. of the Revised Code, any student enrolled in a 9824
public or nonpublic secondary school in the student's seventh or 9825
eighth grade; any student enrolled in a nonchartered nonpublic 9826
secondary school in the student's seventh or eighth grade; and any 9827
student who has been excused from the compulsory attendance law 9828
for the purpose of home instruction under section 3321.04 of the 9829
Revised Code and is the equivalent of a seventh or eighth grade 9830
student, may participate in the college credit plus program, if 9831
the student meets the applicable eligibility criteria required of 9832
secondary grade students for participation. Participants under 9833
this section shall be subject to the same requirements as 9834
secondary grade participants under this chapter.9835

        (B) Participants under this section shall receive high school 9836
and college credit for courses taken under the program, in 9837
accordance with the option elected under section 3365.06 of the 9838
Revised Code. High school credit earned under the program shall be 9839
awarded in the same manner as for secondary grade participants.9840

        (C) If a participant under this section elects to have the 9841
college reimbursed under section 3365.07 of the Revised Code for 9842
courses taken under the program, the department shall reimburse 9843
the college in the same manner as for secondary grade participants 9844
in accordance with that section.9845

       (D) Notwithstanding section 3327.01 of the Revised Code, the 9846
parent or guardian of a participant under this section shall be 9847
responsible for any transportation for the participant related to 9848
participation in the program.9849

       Sec. 3365.04. Each public and participating nonpublic 9850
secondary school shall do all of the following with respect to the 9851
college credit plus program:9852

       (A) Provide information about the program prior to the first 9853
day of March of each year to all students enrolled in grades six 9854
through eleven;9855

       (B) Provide counseling services to students in grades six 9856
through eleven and to their parents before the students 9857
participate in the program under this chapter to ensure that 9858
students and parents are fully aware of the possible consequences 9859
and benefits of participation. Counseling information shall 9860
include:9861

       (1) Program eligibility;9862

       (2) The process for granting academic credits;9863

       (3) Any necessary financial arrangements for tuition, 9864
textbooks, and fees;9865

       (4) Criteria for any transportation aid;9866

       (5) Available support services;9867

       (6) Scheduling;9868

       (7) Communicating the possible consequences and benefits of 9869
participation, including all of the following:9870

       (a) The consequences of failing or not completing a course 9871
under the program, including the effect on the student's ability 9872
to complete the secondary school's graduation requirements;9873

       (b) The effect of the grade attained in a course under the 9874
program being included in the student's grade point average, as 9875
applicable;9876

       (c) The benefits to the student for successfully completing a 9877
course under the program, including the ability to reduce the 9878
overall costs of, and the amount of time required for, a college 9879
education.9880

       (8) The academic and social responsibilities of students and 9881
parents under the program;9882

       (9) Information about and encouragement to use the counseling 9883
services of the college in which the student intends to enroll;9884

       (10) The standard packet of information for the program 9885
developed by the chancellor of the Ohio board of regents pursuant 9886
to section 3365.15 of the Revised Code;9887

       For a participating nonpublic secondary school, counseling 9888
information shall also include an explanation that funding may be 9889
limited and that not all students who wish to participate may be 9890
able to do so.9891

       (C) Promote the program on the school's web site, including 9892
the details of the school's current agreements with partnering 9893
colleges; 9894

       (D) Schedule at least one informational session per school 9895
year to allow each partnering college that is located within 9896
thirty miles of the school to meet with interested students and 9897
parents. The session shall include the benefits and consequences 9898
of participation and shall outline any changes or additions to the 9899
requirements of the program. If there are no partnering colleges 9900
located within thirty miles of the school, the school shall 9901
coordinate with the closest partnering college to offer an 9902
informational session.9903

       (E) Implement a policy for the awarding of grades and the 9904
calculation of class standing for courses taken under division 9905
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy 9906
adopted under this division shall be equivalent to the school's 9907
policy for courses taken under the advanced standing programs 9908
described in divisions (A)(2) and (3) of section 3313.6013 of the 9909
Revised Code or for other courses designated as honors courses by 9910
the school. If the policy includes awarding a weighted grade or 9911
enhancing a student's class standing for these courses, the policy 9912
adopted under this section shall also provide for these procedures 9913
to be applied to courses taken under the college credit plus 9914
program. 9915

       (F) Develop model course pathways, pursuant to section 9916
3365.13 of the Revised Code, and publish the course pathways among 9917
the school's official list of course offerings for the program.9918

       (G) Annually collect, report, and track specified data 9919
related to the program according to data reporting guidelines 9920
adopted by the chancellor and the superintendent of public 9921
instruction pursuant to section 3365.15 of the Revised Code.9922

       Sec. 3365.05. Each public and participating private college 9923
shall do all of the following with respect to the college credit 9924
plus program:9925

       (A) Apply established standards and procedures for admission 9926
to the college and for course placement for participants. When 9927
determining admission and course placement, the college shall do 9928
all of the following:9929

       (1) Consider all available student data that may be an 9930
indicator of college readiness, including grade point average and 9931
end-of-course examination scores, if applicable;9932

       (2) Give priority to its current students regarding 9933
enrollment in courses. However, once a participant has been 9934
accepted into a course, the college shall not displace the 9935
participant for another student.9936

       (3) Adhere to any capacity limitations that the college has 9937
established for specified courses.9938

       (B) Send written notice to a participant, the participant's 9939
parent, the participant's secondary school, and the superintendent 9940
of public instruction, not later than fourteen calendar days prior 9941
to the first day of classes for that term, of the participant's 9942
admission to the college and to specified courses under the 9943
program. 9944

       (C) Provide both of the following, not later than twenty-one 9945
calendar days after the first day of classes for that term, to 9946
each participant, participant's secondary school, and the 9947
superintendent of public instruction:9948

       (1) The courses and hours of enrollment of the participant;9949

       (2) The option elected by the participant under division (A) 9950
or (B) of section 3365.06 of the Revised Code for each course.9951

        The college shall also provide to each partnering school a 9952
roster of participants from that school that are enrolled in the 9953
college and a list of course assignments for each participant.9954

       (D) Promote the program on the college's web site, including 9955
the details of the college's current agreements with partnering 9956
secondary schools. 9957

       (E) Coordinate with each partnering secondary school that is 9958
located within thirty miles of the college to present at least one 9959
informational session per school year for interested students and 9960
parents. The session shall include the benefits and consequences 9961
of participation and shall outline any changes or additions to the 9962
requirements of the program. If there are no partnering schools 9963
located within thirty miles of the college, the college shall 9964
coordinate with the closest partnering school to offer an 9965
informational session.9966

       (F) Assign an academic advisor that is employed by the 9967
college to each participant enrolled in that college. Prior to the 9968
date on which a withdrawal from a course would negatively affect a 9969
participant's transcripted grade, as prescribed by the college's 9970
established withdrawal policy, the college shall ensure that the 9971
academic advisor and the participant meet at least once to discuss 9972
the program and the courses in which the participant is enrolled. 9973

       (G) Do both of the following with regard to high school 9974
teachers that are teaching courses for the college at a secondary 9975
school under the program:9976

       (1) Provide at least one professional development session per 9977
school year;9978

       (2) Conduct at least one classroom observation per school 9979
year for each course that is authorized by the college and taught 9980
by a high school teacher to ensure that the course meets the 9981
quality of a college-level course.9982

       (H) Annually collect, report, and track specified data 9983
related to the program according to data reporting guidelines 9984
adopted by the chancellor and the superintendent of public 9985
instruction pursuant to section 3365.15 of the Revised Code.9986

       (I) With the exception of divisions (D) and (E) of this 9987
section, any eligible out-of-state college participating in the 9988
college credit plus program shall be subject to the same 9989
requirements as a participating private college under this 9990
section.9991

       Sec. 3365.04.        Sec. 3365.06.  The rules adopted under section 9992
3365.02 of the Revised Code shall provide for students9993
participants to enroll in courses under either of the following 9994
options:9995

       (A) The studentparticipant may elect at the time of 9996
enrollment to be responsible for payment of all tuition and the 9997
cost of all textbooks, materials, and fees associated with the 9998
course. The college shall notify the studentparticipant about 9999
payment of tuition and fees in the customary manner followed by 10000
the college. A studentparticipant electing this option also shall 10001
elect, at the time of enrollment, whether to receive only college 10002
credit or high school credit and college credit for the course.10003

       (1) The studentparticipant may elect to receive only college 10004
credit for the course. Except as provided in section 3365.04110005
3365.032 of the Revised Code, if the studentparticipant10006
successfully completes the course, the college shall award the 10007
studentparticipant full credit for the course, but the board of 10008
education, community school governing authority, STEMgoverning 10009
entity of a public secondary school, or nonpublicthe governing 10010
body of a participating nonpublic secondary school shall not award 10011
the high school credit.10012

        (2) The studentparticipant may elect to receive both high 10013
school credit and college credit for the course. Except as 10014
provided in section 3365.0413365.032 of the Revised Code, if the 10015
studentparticipant successfully completes the course, the college 10016
shall award the studentparticipant full credit for the course and 10017
the board of education, community school governing authority, STEM10018
governing entity of a public school, or the governing body of a 10019
participating nonpublic school shall award the studentparticipant10020
high school credit.10021

       (B) The studentparticipant may elect at the time of 10022
enrollment for each course to have the college reimbursed under 10023
section 3365.07 of the Revised Code or as provided in alternative 10024
funding agreements entered into under rules adopted under section 10025
3365.12 of the Revised Code. Except as provided in section 10026
3365.0413365.032 of the Revised Code, if the studentparticipant10027
successfully completes the course, the college shall award the 10028
studentparticipant full credit for the course,and the board of 10029
education, community school governing authority, STEMgoverning 10030
entity of a public school, or the governing body of a 10031
participating nonpublic school shall award the studentparticipant10032
high school credit, and the college shall be reimbursed in 10033
accordance with section 3365.07 of the Revised Code or alternative 10034
funding agreements entered into under rules adopted under section 10035
3365.12 of the Revised Code. If the participant elects to have the 10036
college reimbursed under this division, the department shall 10037
reimburse the college for the number of enrolled credit hours in 10038
accordance with section 3365.07 of the Revised Code.10039

       When determining a school district's formula ADMenrollment10040
under section 3317.03 of the Revised Code, the time a participant 10041
is attending courses under division (A) of this section shall be 10042
considered as time the participant is not attending or enrolled in 10043
school anywhere, and the time a participant is attending courses 10044
under division (B) of this section shall be considered as time the 10045
participant is attending or enrolled in the district's schools.10046

       Sec. 3365.07.  The department of education shall calculate 10047
and pay state funds to colleges for participants in the college 10048
credit plus program under division (B) of section 3365.06 of the 10049
Revised Code pursuant to this section. For a nonpublic secondary 10050
school participant, a nonchartered nonpublic secondary school 10051
participant, or a home-instructed participant, the department 10052
shall pay state funds pursuant to this section only if that 10053
participant is awarded funding according to rules adopted by the 10054
chancellor of the Ohio board of regents, in consultation with the 10055
superintendent of public instruction, pursuant to section 3365.071 10056
of the Revised Code. The program shall be the sole mechanism by 10057
which state funds are paid to colleges for students to earn 10058
college-level credit while enrolled in a secondary school, with 10059
the exception of the programs listed in division (A) of section 10060
3365.02 of the Revised Code.10061

       (A) For each public or nonpublic secondary school participant 10062
enrolled in a public college:10063

       (1) If no agreement has been entered into under division 10064
(A)(2) of this section, both of the following shall apply:10065

       (a) The department shall pay to the college the applicable 10066
amount as follows:10067

       (i) For a participant enrolled in a college course delivered 10068
on the college campus, at another location operated by the 10069
college, or online, the default ceiling amount;10070

       (ii) For a participant enrolled in a college course delivered 10071
at the participant's secondary school but taught by college 10072
faculty, fifty per cent of the default ceiling amount;10073

       (iii) For a participant enrolled in a college course 10074
delivered at the participant's secondary school and taught by a 10075
high school teacher who has met the credential requirements 10076
established for purposes of the program in rules adopted by the 10077
chancellor of the Ohio board of regents, the default floor amount.10078

       (b) The participant's secondary school shall pay for 10079
textbooks, and the college shall waive payment of all other fees 10080
related to participation in the program.10081

       (2) The governing entity of a participant's secondary school 10082
and the college may enter into an agreement to establish an 10083
alternative payment structure for tuition, textbooks, and fees. 10084
Under such an agreement, payments for each participant made by the 10085
department shall be not less than the default floor amount, unless 10086
approved by the chancellor, and not more than the default ceiling 10087
amount. The chancellor shall approve an agreement that includes a 10088
payment below the default floor amount, as long as the provisions 10089
of the agreement comply with all other requirements of this 10090
chapter to ensure program quality. If no agreement is entered into 10091
under division (A)(2) of this section, both of the following shall 10092
apply:10093

       (a) The department shall pay to the college the applicable 10094
default amounts prescribed by division (A)(1)(a) of this section, 10095
depending upon the method of delivery and instruction.10096

        (b) In accordance with division (A)(1)(b) of this section, 10097
the participant's secondary school shall pay for textbooks, and 10098
the college shall waive payment of all other fees related to 10099
participation in the program.10100

       (3) No participant that is enrolled in a public college shall 10101
be charged for any tuition, textbooks, or other fees related to 10102
participation in the program.10103

       (B) For each public secondary school participant enrolled in 10104
a private college:10105

       (1) If no agreement has been entered into under division 10106
(B)(2) of this section, the department shall pay to the college 10107
the applicable amount calculated in the same manner as in division 10108
(A)(1)(a) of this section.10109

       (2) The governing entity of a participant's secondary school 10110
and the college may enter into an agreement to establish an 10111
alternative payment structure for tuition, textbooks, and fees. 10112
Under such an agreement, payments shall be not less than the 10113
default floor amount, unless approved by the chancellor, and not 10114
more than the default ceiling amount.10115

       If an agreement is entered into under division (B)(2) of this 10116
section, both of the following shall apply: 10117

       (a) The department shall make a payment to the college for 10118
each participant that is equal to the default floor amount, unless 10119
approved by the chancellor to pay an amount below the default 10120
floor amount. The chancellor shall approve an agreement that 10121
includes a payment below the default floor amount, as long as the 10122
provisions of the agreement comply with all other requirements of 10123
this chapter to ensure program quality.10124

       (b) Payment for costs for the participant that exceed the 10125
amount paid by the department pursuant to division (B)(2)(a) of 10126
this section shall be negotiated by the school and the college. 10127
The agreement may include a stipulation permitting the charging of 10128
a participant. 10129

       However, under no circumstances shall: 10130

       (i) Payments for a participant made by the department under 10131
this division (B)(2) of this section exceed the default ceiling 10132
amount; 10133

       (ii) The amount charged to a participant under division 10134
(B)(2) of this section exceed the difference between the maximum 10135
per participant charge amount and the default floor amount; 10136

       (iii) The sum of the payments made by the department for a 10137
participant and the amount charged to that participant under 10138
division (B)(2) of this section exceed the following amounts, as 10139
applicable:10140

       (I) For a participant enrolled in a college course delivered 10141
on the college campus, at another location operated by the 10142
college, or online, the maximum per participant charge amount;10143

       (II) For a participant enrolled in a college course delivered 10144
at the participant's secondary school but taught by college 10145
faculty, one hundred twenty-five dollars; 10146

       (III) For a participant enrolled in a college course 10147
delivered at the participant's secondary school and taught by a 10148
high school teacher who has met the credential requirements 10149
established for purposes of the program in rules adopted by the 10150
chancellor of the Ohio board of regents, one hundred dollars.10151

       (iv) A participant that is identified as economically 10152
disadvantaged according to rules adopted by the department be 10153
charged under division (B)(2) of this section for any tuition, 10154
textbooks, or other fees related to participation in the program.10155

       (C) For each nonpublic secondary school participant enrolled 10156
in a private or eligible out-of-state college, the department 10157
shall pay to the college the applicable amount calculated in the 10158
same manner as in division (A)(1)(a) of this section. Payment for 10159
costs for the participant that exceed the amount paid by the 10160
department shall be negotiated by the governing body of the 10161
nonpublic secondary school and the college.10162

       However, under no circumstances shall:10163

       (1) The payments for a participant made by the department 10164
under this division exceed the default ceiling amount.10165

       (2) Any nonpublic secondary school participant, who is 10166
enrolled in that secondary school with a scholarship awarded under 10167
either the educational choice scholarship pilot program, as 10168
prescribed by sections 3310.01 to 3310.17, or the pilot project 10169
scholarship program, as prescribed by sections 3313.974 to 10170
3313.979 of the Revised Code, and who qualifies as a low-income 10171
student under either of those programs, be charged for any 10172
tuition, textbooks, or other fees related to participation in the 10173
college credit plus program.10174

       (D) For each nonchartered nonpublic secondary school 10175
participant and each home-instructed participant enrolled in a 10176
public, private, or eligible out-of-state college, the department 10177
shall pay to the college the default ceiling amount, if that 10178
participant is enrolled in a college course delivered on the 10179
college campus, at another location operated by the college, or 10180
online.10181

       (E) Not later than thirty days after the end of each term, 10182
each college expecting to receive payment for the costs of a 10183
participant under this section shall notify the department of the 10184
number of enrolled credit hours for each participant.10185

       (F) Each January and July, or as soon as possible thereafter, 10186
the department shall make the applicable payments under this 10187
section to each college, which provided proper notification to the 10188
department under division (E) of this section, for the number of 10189
enrolled credit hours for participants enrolled in the college 10190
under division (B) of section 3365.06 of the Revised Code. The 10191
department shall not make any payments to a college under this 10192
section if a participant withdrew from a course prior to the date 10193
on which a withdrawal from the course would have negatively 10194
affected the participant's transcripted grade, as prescribed by 10195
the college's established withdrawal policy.10196

       (1) Payments made for public secondary school participants 10197
under this section shall be deducted from the school foundation 10198
payments made to the participant's school district or, if the 10199
participant is enrolled in a community school, a STEM school, or a 10200
college-preparatory boarding school, from the payments made to 10201
that school under section 3314.08, 3326.33, or 3328.34 of the 10202
Revised Code. If the participant is enrolled in a joint vocational 10203
school district, a portion of the amount shall be deducted from 10204
the payments to the joint vocational school district and a portion 10205
shall be deducted from the payments to the participant's city, 10206
local, or exempted village school district in accordance with the 10207
full-time equivalency of the student's enrollment in each 10208
district. Amounts deducted under division (F)(1) of this section 10209
shall be calculated in accordance with rules adopted by the 10210
chancellor, in consultation with the state superintendent, 10211
pursuant to division (B) of section 3365.071 of the Revised Code.10212

       (2) Payments made for nonpublic secondary school 10213
participants, nonchartered nonpublic secondary school 10214
participants, and home-instructed participants under this section 10215
shall be deducted from moneys appropriated by the general assembly 10216
for such purpose. Payments shall be allocated and distributed in 10217
accordance with rules adopted by the chancellor, in consultation 10218
with the state superintendent, pursuant to division (A) of section 10219
3365.071 of the Revised Code.10220

       (G) Any public college that enrolls a student under division 10221
(B) of section 3365.06 of the Revised Code may include that 10222
student in the calculation used to determine its state share of 10223
instruction funds appropriated to the Ohio board of regents by the 10224
general assembly.10225

       Sec. 3365.071.  (A) The chancellor of the Ohio board of 10226
regents, in accordance with Chapter 119. of the Revised Code and 10227
in consultation with the superintendent of public instruction, 10228
shall adopt rules prescribing a method to allocate and distribute 10229
payments under section 3365.07 of the Revised Code for nonpublic 10230
secondary school participants, nonchartered nonpublic secondary 10231
school participants, and home-instructed participants. The rules 10232
shall include that payments made for nonchartered nonpublic 10233
secondary school participants be made in the same manner as 10234
payments for home-instructed participants under that section.10235

       (B) The chancellor, in consultation with the state 10236
superintendent, shall also adopt rules establishing a method to 10237
calculate the amounts deducted from a joint vocational school 10238
district and from a participant's city, local, or exempted village 10239
school district for payments under section 3365.07 of the Revised 10240
Code.10241

       Sec. 3365.08.  (A) A college that expects to receive or 10242
receives reimbursement under section 3365.07 of the Revised Code 10243
or through alternative funding agreements entered into under rules 10244
adopted under section 3365.12 of the Revised Code shall furnish to 10245
a participant all textbooks and materials directly related to a 10246
course taken by the participant under division (B) of section 10247
3365.04 of the Revised Code. No college shall charge such 10248
participant for tuition, textbooks, materials, or other fees 10249
directly related to any such course.10250

       (B) No studentparticipant enrolled under this chapter in a 10251
course for which credit toward high school graduation is awarded 10252
shall receive direct financial aid through any state or federal 10253
program.10254

       (C)(B) If a school district provides transportation for 10255
resident school students in grades eleven and twelve under section 10256
3327.01 of the Revised Code, a parent of a pupilparticipant10257
enrolled in a course under division (A)(2) or (B) of section 10258
3365.043365.06 of the Revised Code may apply to the board of 10259
education for full or partial reimbursement for the necessary 10260
costs of transporting the studentparticipant between the 10261
secondary school the studentparticipant attends and the college 10262
in which the studentparticipant is enrolled. Reimbursement may be 10263
paid solely from funds received by the district for pupilstudent10264
transportation under section 3317.0212 of the Revised Code or 10265
other provisions of law. The state board of education shall 10266
establish guidelines, based on financial need, under which a 10267
district may provide such reimbursement.10268

       (D)(C) If a community school provides or arranges 10269
transportation for its pupilsstudents in grades nine through 10270
twelve under section 3314.091 of the Revised Code, a parent of a 10271
pupilparticipant of the community school who is enrolled in a 10272
course under division (A)(2) or (B) of section 3365.043365.06 of 10273
the Revised Code may apply to the governing authority of the 10274
community school for full or partial reimbursement of the 10275
necessary costs of transporting the studentparticipant between 10276
the community school and the college. The governing authority may 10277
pay the reimbursement in accordance with the state board's rules 10278
adopted under division (C)(B) of this section solely from funds 10279
paid to it under section 3314.091 of the Revised Code.10280

       Sec. 3365.11.        Sec. 3365.09. (A) IfExcept as provided for in 10281
division (C) of this section, if the superintendent of the school 10282
district or the chief administrator of the community school or 10283
STEM, or equivalent, of a public secondary school in which a 10284
participant is enrolled determines that the participant has not 10285
attained a passing final grade in a college course in which the 10286
participant enrolled under this chapter, the superintendent, or 10287
chief administrator shallequivalent, may seek reimbursement from 10288
the participant or the participant's parent for the amount of 10289
state funds paid to the college on behalf of the participant for 10290
that college course. The board of education of the school 10291
district, the governing authority of the community school, or the 10292
STEMgoverning entity of a public school, in accordance with 10293
division (C) of section 3313.642 of the Revised Code, may withhold 10294
grades and credits received by the participant for district or 10295
communityhigh school courses taken by the participant until the 10296
participant or the participant's parent provides reimbursement.10297

       (B) IfExcept as provided for in division (C) of this 10298
section, if the chief administrator of thea participating10299
nonpublic school in which a participant is enrolled determines 10300
that the participant has not attained a passing final grade in a 10301
college course in which the participant enrolled under this 10302
chapter, the chief administrator shallmay seek reimbursement from 10303
the participant or the participant's parent for the amount of 10304
state funds paid to the college on behalf of the participant for 10305
enrollment in that college course. Upon the collection of any 10306
funds from a participant or participant's parent under this 10307
division, the chief administrator of a nonpublic school shall send 10308
an amount equal to the funds collected to the superintendent of 10309
public instruction. The superintendent of public instruction shall 10310
credit that amount to the general revenue fund.10311

       (C) Unless the participant was expelled by the school, the 10312
superintendent, or equivalent, or chief administrator shall not 10313
seek reimbursement from a participant or a participant's parent 10314
under division (A) or (B) of this section, if the participant is 10315
identified as economically disadvantaged according to rules 10316
adopted by the department of education.10317

       Sec. 3365.10. (A) Any public or participating nonpublic 10318
secondary school or any public or participating private college, 10319
including a secondary school and an associated college operating 10320
an early college high school program, may apply to the chancellor 10321
of the Ohio board of regents and the superintendent of public 10322
instruction for a waiver from the requirements of the college 10323
credit plus program. The chancellor and the superintendent may 10324
grant a waiver under this section for an agreement governing an 10325
early college high school program or for a proposed agreement 10326
between a public or participating nonpublic secondary school and a 10327
public or participating private or out-of-state college, only if 10328
the agreement does both of the following:10329

       (1) Includes innovative programming proposed to exclusively 10330
address the needs of underrepresented student subgroups;10331

       (2) Meets all criteria set forth in rules adopted by the 10332
chancellor and the superintendent pursuant to division (C) of this 10333
section.10334

       (B) Any waiver granted under this section shall apply only to 10335
the agreement for which the waiver is granted and shall not apply 10336
to any other agreement that the school or college enters into 10337
under this chapter.10338

       (C) The chancellor and the superintendent of public 10339
instruction shall jointly adopt rules, in accordance with Chapter 10340
119. of the Revised Code, regarding the granting of waivers under 10341
this section.10342

       (D) As used in this section, "associated college" and "early 10343
college high school program" have the same meanings as in section 10344
3313.6013 of the Revised Code.10345

       Sec. 3365.11.  Each instructor teaching a course under the 10346
college credit plus program shall meet the credential requirements 10347
set forth in guidelines and procedures established by the 10348
chancellor of the Ohio board of regents. If the guidelines require 10349
high school teachers to take any additional graduate-level 10350
coursework in order to meet the credential requirements, that 10351
coursework shall be applicable to continuing education and 10352
professional development requirements for the renewal of the 10353
teacher's educator license. 10354

       Sec. 3365.05.        Sec. 3365.12. (A) All courses offered under the 10355
college credit plus program shall be the same courses that are 10356
included in the partnering college's course catalogue for 10357
college-level, nonremedial courses and shall apply to at least one 10358
degree or professional certification at the partnering college.10359

       (B)(1) High school credit awarded for courses successfully 10360
completed under this chapter shall count toward the graduation 10361
requirements and subject area requirements of the school district, 10362
community school, STEMpublic secondary school, or participating10363
nonpublic secondary school. If a course comparable to one a 10364
studentparticipant completed at a college is offered by the 10365
district or school, the board or schoolgoverning entity or 10366
governing body shall award comparable credit for the course 10367
completed at the college. If no comparable course is offered by 10368
the district or school, the board or schoolgoverning entity or 10369
governing body shall grant an appropriate number of elective10370
credits in a similar subject area to the studentparticipant.10371

       (2) If there is a dispute between a school district board, a 10372
community school governing authority, or a STEMparticipant's10373
school and a studentparticipant regarding high school credits 10374
granted for a course, the studentparticipant may appeal the 10375
decision to the state board of education. The state board's 10376
decision regarding any high school credits granted under this 10377
section is final.10378

       (C) Evidence of successful completion of each course and the 10379
high school credits awarded by the district or school shall be 10380
included in the student's record. The record shall indicate that 10381
the credits were earned as a participant under this chapter and 10382
shall include the name of the college at which the credits were 10383
earned. The district or school shall determine whether and the 10384
manner in which the grade achieved in a course completed at a 10385
college under division (A)(2) or (B) of section 3365.04 of the 10386
Revised Code will be counted in any cumulative grade point average 10387
maintained for the student.10388

       Sec. 3365.13.  (A) Each public secondary school shall 10389
develop, in consultation with at least one public partnering 10390
college, two model pathways for courses offered under the college 10391
credit plus program. One of the model pathways shall be a 10392
fifteen-credit hour pathway and one shall be a thirty-credit hour 10393
pathway. Each pathway shall include courses which, once completed, 10394
all apply to at least one degree or professional certification 10395
offered at the college. The pathways may be organized by desired 10396
major or career path or may include various core courses required 10397
for a degree or professional certification by the college. The 10398
school shall publish the pathways among the school's official list 10399
of course offerings from which a participant may select.10400

       (B) No participant shall be required to enroll only in the 10401
courses included in a model pathway developed under division (A) 10402
of this section. Instead, the pathways shall serve as samples of 10403
the courses that a participant may take, if desired, to earn 10404
multiple credits toward a specified degree or certification. 10405

       Sec. 3365.15.  The chancellor of the Ohio board of regents 10406
and the superintendent of public instruction jointly shall do all 10407
of the following:10408

       (A) Adopt data reporting guidelines specifying the types of 10409
data that public and participating nonpublic secondary schools and 10410
public and participating private colleges, including eligible 10411
out-of-state colleges participating in the program, must annually 10412
collect, report, and track under division (G) of section 3365.04 10413
and division (H) of section 3365.05 of the Revised Code. The types 10414
of data shall include all of the following:10415

        (1) For each secondary school and college:10416

        (a) The number of participants disaggregated by grade level, 10417
socioeconomic status, race, gender, and disability;10418

        (b) The number of completed courses and credit hours, 10419
disaggregated by the college in which participants were enrolled;10420

        (c) The number of courses in which participants enrolled, 10421
disaggregated by subject area and level of difficulty.10422

        (2) For each secondary school, the number of students who 10423
were denied participation in the program under division (A)(1)(a) 10424
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the 10425
Revised Code. Each participating nonpublic secondary school shall 10426
also include the number of students who were denied participation 10427
due to the student not being awarded funding by the department of 10428
education pursuant to section 3365.071 of the Revised Code.10429

        (3) For each college: 10430

       (a) The number of students who applied to enroll in the 10431
college under the program but were not granted admission;10432

        (b) The average number of completed courses per participant;10433

        (c) The average grade point average for participants in 10434
college courses under the program.10435

        The guidelines adopted under this division shall also include 10436
policies and procedures for the collection, reporting, and 10437
tracking of such data. 10438

       (B) Annually compile the data required under division (A) of 10439
this section. Not later than the thirty-first day of December of 10440
each year, the data from the previous school year shall be posted 10441
in a prominent location on both the board of regents' and the 10442
department of education's web sites.10443

        (C) Submit a biennial report detailing the status of the 10444
college credit plus program to the governor, the president of the 10445
senate, the speaker of the house of representatives, and the 10446
chairpersons of the education committees of the senate and house 10447
of representatives. The first report shall be submitted not later 10448
than December 31, 2017, and each subsequent report shall be 10449
submitted not later than the thirty-first day of December every 10450
two years thereafter.10451

       (D) Establish a college credit plus advisory committee to 10452
assist in the development of performance metrics and the 10453
monitoring of the program's progress. At least one member of the 10454
advisory committee shall be a school guidance counselor.10455

       The chancellor shall also, in consultation with the 10456
superintendent, create a standard packet of information for the 10457
college credit plus program directed toward students and parents 10458
that are interested in the program.10459

       Sec. 3707.511.  (A) As used in this section, "physician":10460

       (1) "Licensing agency" has the same meaning as in section 10461
4745.01 of the Revised Code.10462

       (2) "Licensed health care professional" means an individual, 10463
other than a physician, who is authorized under Title XLVII of the 10464
Revised Code to practice a health care profession.10465

       (3) "Physician" means a person authorized under Chapter 4731. 10466
of the Revised Code to practice medicine and surgery or 10467
osteopathic medicine and surgery.10468

        (B) A youth sports organization shall provide to the parent, 10469
guardian, or other person having care or charge of an individual 10470
who wishes to practice for or compete in an athletic activity 10471
organized by a youth sports organization the concussion and head 10472
injury information sheet required by section 3707.52 of the 10473
Revised Code. The organization shall provide the information sheet 10474
annually for each sport or other category of athletic activity for 10475
or in which the individual practices or competes.10476

        (C)(1) No individual shall act as a coach or referee for a 10477
youth sports organization unless the individual holds a 10478
pupil-activity program permit issued under section 3319.303 of the 10479
Revised Code for coaching interscholastic athletics or presents 10480
evidence that the individual has successfully completed, within 10481
the previous three years, a training program in recognizing the 10482
symptoms of concussions and head injuries to which the department 10483
of health has provided a link on its internet web site under 10484
section 3707.52 of the Revised Code.10485

       (2) The youth sports organization for which the individual 10486
intends to act as a coach or referee shall inform the individual 10487
of the requirement described in division (C)(1) of this section.10488

       (D) If an individual practicing for or competing in an 10489
athletic event organized by a youth sports organization exhibits 10490
signs, symptoms, or behaviors consistent with having sustained a 10491
concussion or head injury while participating in the practice or 10492
competition, the individual shall be removed from the practice or 10493
competition by one of the following:10494

       (1) The individual who is serving as the individual's coach 10495
during that practice or competition;10496

       (2) An individual who is serving as a referee during that 10497
practice or competition;10498

       (3) An official of the youth sports organization who is 10499
supervising that practice or competition.10500

       (E)(1) If an individual is removed from practice or 10501
competition under division (D) of this section, the coach, 10502
referee, or official who removed the individual shall not allow 10503
the individual, on the same day the individual is removed, to 10504
return to that practice or competition or to participate in any 10505
other practice or competition for which the coach, referee, or 10506
official is responsible. Thereafter, the coach, referee, or 10507
official shall not allow the student to return to that practice or 10508
competition or to participate in any other practice or competition 10509
for which the coach, referee, or official is responsible until 10510
both of the following conditions are satisfied:10511

       (a) The individual's condition is assessed by eitherany of 10512
the following who has complied with the requirements in division 10513
(E)(4) of this section:10514

       (i) A physician;10515

       (ii) Any otherA licensed health care providerprofessional10516
the youth sports organization, pursuant to division (E)(2) of this 10517
section, authorizes to assess an individual who has been removed 10518
from practice or competition under division (D) of this section;10519

       (iii) A licensed health care professional who meets the 10520
minimum education requirements established by rules adopted under 10521
section 3707.521 of the Revised Code by the professional's 10522
licensing agency.10523

       (b) The individual receives written clearance that it is safe 10524
for the individual to return to practice or competition from athe10525
physician or from another licensed health care provider 10526
authorized pursuant to division (E)(2) of this section to grant 10527
the clearanceprofessional who assessed the individual's 10528
condition.10529

       (2) A youth sports organization may authorize a licensed 10530
health care provider who is not a physicianprofessional to make 10531
an assessment or grant a clearance for purposes of division (E)(1) 10532
of this section only if the providerprofessional is acting in 10533
accordance with one of the following, as applicable to the 10534
provider'sprofessional's authority to practice in this state:10535

       (a) In consultation with a physician;10536

       (b) Pursuant to the referral of a physician;10537

       (c) In collaboration with a physician;10538

       (d) Under the supervision of a physician.10539

       (3) A physician or other licensed health care provider10540
professional who makes an assessment or grants a clearance for 10541
purposes of division (E)(1) of this section may be a volunteer.10542

       (4) Beginning one year after the effective date of this 10543
amendment, all physicians and licensed health care professionals 10544
who conduct assessments and clearances under division (E)(1) of 10545
this section must meet the minimum education requirements 10546
established by rules adopted under section 3707.521 of the Revised 10547
Code by their respective licensing agencies.10548

       (F)(1) A youth sports organization or official, employee, or 10549
volunteer of a youth sports organization, including a coach or 10550
referee, is not liable in damages in a civil action for injury, 10551
death, or loss to person or property allegedly arising from 10552
providing services or performing duties under this section, unless 10553
the act or omission constitutes willful or wanton misconduct.10554

       (2) This section does not eliminate, limit, or reduce any 10555
other immunity or defense that a public entity, public official, 10556
or public employee may be entitled to under Chapter 2744. or any 10557
other provision of the Revised Code or under the common law of 10558
this state.10559

       Sec. 3707.521. (A) As used in this section:10560

       (1) "Chiropractor" means an individual licensed under Chapter 10561
4734. of the Revised Code. 10562

       (2) "License," "licensee," and "licensing agency" have the 10563
same meanings as in section 4745.01 of the Revised Code.10564

       (3) "Licensed health care professional" means an individual, 10565
other than a physician, who is authorized under Title XLVII of the 10566
Revised Code to practice a health care profession.10567

       (4) "Physician" means an individual authorized under Chapter 10568
4731. of the Revised Code to practice medicine and surgery or 10569
osteopathic medicine and surgery.10570

       (5) "Youth sports organization" has the same meaning as in 10571
section 3707.51 of the Revised Code.10572

       (B)(1) The director of health shall establish a committee 10573
regarding concussions and head injuries sustained by athletes 10574
while participating in interscholastic athletic events and 10575
athletic activities organized by youth sports organizations and 10576
the provisions of sections 3313.539 and 3707.511 of the Revised 10577
Code. The department of health shall provide administrative 10578
support to the committee.10579

       (2) The director shall serve as a member of the committee and 10580
shall appoint all of the following as the remaining members, each 10581
of whom must have substantial experience in the diagnosis and 10582
treatment of concussions and head injuries: 10583

       (a) A representative of the state medical board;10584

       (b) A physician who practices as a neurologist;10585

       (c) A physician who practices sports medicine;10586

       (d) A representative of the state chiropractic board;10587

       (e) A chiropractor who has a background in neurology;10588

       (f) A chiropractor who practices sports medicine. 10589

       (C) Not later than one hundred eighty days after the 10590
effective date of this section, the committee shall develop and 10591
publish guidelines addressing all of the following with regard to 10592
athletes exhibiting signs, symptoms, or behaviors consistent with 10593
having sustained a concussion or head injury while participating 10594
in an interscholastic athletic event or an athletic activity 10595
organized by a youth sports organization:10596

       (1) The diagnosis and treatment of concussions and head 10597
injuries;10598

       (2) The conditions under which an athlete may be granted 10599
clearance to return to practice or competition under section 10600
3313.539 or 3707.511 of the Revised Code;10601

       (3) The minimum education requirements necessary to qualify a 10602
physician or licensed health care professional to assess and clear 10603
an athlete for return to practice or competition under section 10604
3313.539 or 3707.511 of the Revised Code.10605

       (D) In developing guidelines under division (C) of this 10606
section, the committee shall consider nationally recognized 10607
standards for the treatment and care of concussions and head 10608
injuries and the scope of practice of any licensed health care 10609
professional as it relates to qualifications to assess and clear 10610
an athlete for return to practice or competition under section 10611
3313.539 or 3707.511 of the Revised Code. The director shall 10612
solicit input from all of the following:10613

       (1) A physician certified by the American board of emergency 10614
medicine or American osteopathic board of emergency medicine who 10615
actively practices emergency medicine and is actively involved in 10616
emergency medical services;10617

       (2) A physician certified in pediatric emergency medicine by 10618
the American board of pediatrics, American osteopathic board of 10619
pediatrics, or American board of emergency medicine who actively 10620
practices pediatric emergency medicine and is actively involved in 10621
emergency medical services;10622

       (3) A physician certified by the American board of 10623
neurological surgery or American osteopathic board of surgery who 10624
actively practices neurosurgery;10625

       (4) A physician who actively practices in the field of sports 10626
medicine;10627

       (5) An athletic trainer licensed under Chapter 4755. of the 10628
Revised Code;10629

       (6) A physical therapist licensed under Chapter 4755. of the 10630
Revised Code;10631

       (7) A chiropractor;10632

       (8) A registered nurse licensed under Chapter 4723. of the 10633
Revised Code who actively practices emergency nursing and is 10634
actively involved in emergency medical services;10635

       (9) A representative of a youth sports organization;10636

       (10) A representative of a school district board of education 10637
or governing authority of a chartered or nonchartered nonpublic 10638
school;10639

       (11) Any other individual selected by the committee who has 10640
interests that the committee considers relevant to its duties. 10641

       (E) If a licensing agency responsible for the licensing of 10642
physicians or licensed health care professionals seeks to have its 10643
licensees authorized to assess and clear athletes for return to 10644
practice or competition under section 3313.539 or 3707.511 of the 10645
Revised Code, the licensing agency shall adopt rules establishing 10646
standards that are equal to or stronger than the guidelines 10647
developed by the committee under division (C) of this section.10648

       The licensing agency may adopt rules establishing continuing 10649
education requirements for its licensees who assess and clear 10650
athletes for return to practice or competition under section 10651
3313.539 or 3707.511 of the Revised Code.10652

        Any rules adopted under this division shall be adopted in 10653
accordance with Chapter 119. of the Revised Code.10654

       Section 2.  That existing sections 133.06, 149.433, 921.06, 10655
3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 10656
3301.16, 3302.01, 3302.02, 3302.03, 3302.031, 3302.10, 3310.03, 10657
3310.031, 3310.13, 3310.14, 3310.522, 3311.24, 3311.38, 3311.86, 10658
3313.372, 3313.532, 3313.537, 3313.539, 3313.603, 3313.6013, 10659
3313.6014, 3313.6016, 3313.61, 3313.611, 3313.612, 3313.614, 10660
3313.615, 3313.617, 3313.843, 3313.90, 3313.976, 3314.02, 3314.03, 10661
3314.06, 3314.08, 3314.35, 3314.36, 3317.03, 3318.70, 3319.22, 10662
3319.26, 3319.31, 3324.07, 3325.02, 3325.06, 3325.07, 3325.08, 10663
3325.10, 3326.11, 3326.36, 3328.24, 3328.25, 3331.04, 3333.041, 10664
3333.123, 3333.35, 3333.43, 3333.86, 3345.06, 3345.061, 3365.04, 10665
3365.041, 3365.05, 3365.06, 3365.08, 3365.11, and 3707.511 and 10666
sections 3313.536, 3345.062, 3365.01, 3365.02, 3365.021, 10667
3365.022, 3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 10668
3365.15 of the Revised Code are hereby repealed.10669

       Section 3.  That Section 263.20 of Am. Sub. H.B. 59 of the 10670
130th General Assembly be amended to read as follows:10671

       Sec. 263.20. OPERATING EXPENSES10672

        A portion of the foregoing appropriation item 200321, 10673
Operating Expenses, shall be used by the Department of Education 10674
to provide matching funds under 20 U.S.C. 2321. 10675

       EARLY CHILDHOOD EDUCATION10676

       Of the foregoing appropriation item 200408, Early Childhood 10677
Education, up to $50,000 in each fiscal year shall be used to 10678
support the operations of the "Ready, Set, Go...to Kindergarten" 10679
Program at the Horizon Education Center in Lorain County. The 10680
effectiveness of the program shall be evaluated and reported to 10681
the Department of Education in a study that includes statistics on 10682
program participants' scores for the "Get It, Got It, Go!" 10683
assessment and the kindergarten readiness assessment.10684

       The Department of Education shall distribute the remainder of 10685
the foregoing appropriation item 200408, Early Childhood 10686
Education, to pay the costs of early childhood education programs. 10687
The Department shall distribute such funds directly to qualifying 10688
providers.10689

       (A) As used in this section:10690

       (1) "Provider" means a city, local, exempted village, or 10691
joint vocational school district; an educational service center; a 10692
community school; a chartered nonpublic school; an early childhood 10693
education child care provider licensed under Chapter 5104. of the 10694
Revised Code that participates in and meets at least the third 10695
highest tier of the tiered quality rating and improvement system 10696
described in section 5104.30 of the Revised Code; or a combination 10697
of entities described in this paragraph.10698

       (2)(a) In the case of a city, local, or exempted village 10699
school district or early childhood education child care provider 10700
licensed under Chapter 5104. of the Revised Code, "new eligible 10701
provider" means a provider that did not receive state funding for 10702
Early Childhood Education in the previous fiscal year or 10703
demonstrates a need for early childhood programs as defined in 10704
division (D) of this section.10705

       (b) In the case of a community school, "new eligible 10706
provider" means a community school that operates a program that 10707
uses the Montessori method endorsed by the American Montessori 10708
society or the association Montessori internationale as its 10709
primary method of instruction, as authorized by division (A) of 10710
section 3314.06 of the Revised Code, that did not receive state 10711
funding for Early Childhood Education in the previous fiscal year 10712
or demonstrates a need for early childhood programs as defined in 10713
division (D) of this section.10714

       (3) "Eligible child" means a child who is at least three 10715
years of age as of the district entry date for kindergarten, is 10716
not of the age to be eligible for kindergarten, and whose family 10717
earns not more than two hundred per cent of the federal poverty 10718
guidelines as defined in division (A)(3) of section 5101.46 of the 10719
Revised Code. Children with an Individualized Education Program 10720
and where the Early Childhood Education program is the least 10721
restrictive environment may be enrolled on their third birthday.10722

       (4) "Early learning program standards" means early learning 10723
program standards for school readiness developed by the Department 10724
to assess the operation of early learning programs.10725

       (B) In each fiscal year, up to two per cent of the total 10726
appropriation may be used by the Department for program support 10727
and technical assistance. The Department shall distribute the 10728
remainder of the appropriation in each fiscal year to serve 10729
eligible children.10730

       (C) The Department shall provide an annual report to the 10731
Governor, the Speaker of the House of Representatives, and the 10732
President of the Senate and post the report to the Department's 10733
web site, regarding early childhood education programs operated 10734
under this section and the early learning program standards.10735

       (D) After setting aside the amounts to make payments due from 10736
the previous fiscal year, in fiscal year 2014, the Department 10737
shall distribute funds first to recipients of funds for early 10738
childhood education programs under Section 267.10.10 of Am. Sub. 10739
H.B. 153 of the 129th General Assembly, as amended by Am. Sub. 10740
H.B. 487 of the 129th General Assembly, in the previous fiscal 10741
year and the balance to new eligible providers of early childhood 10742
education programs under this section or to existing providers to 10743
serve more eligible children or for purposes of program expansion, 10744
improvement, or special projects to promote quality and 10745
innovation.10746

       After setting aside the amounts to make payments due from the 10747
previous fiscal year, in fiscal year 2015, the Department shall 10748
distribute funds first to providers of early childhood education 10749
programs under this section in the previous fiscal year and the 10750
balance to new eligible providers or to existing providers to 10751
serve more eligible children as outlined under division (E) of 10752
this section or for purposes of program expansion, improvement, or 10753
special projects to promote quality and innovation.10754

       (E) The Department shall distribute any new or remaining 10755
funding to existing providers of early childhood education 10756
programs or any new eligible providers in an effort to invest in 10757
high quality early childhood programs where there is a need as 10758
determined by the Department. The Department shall distribute the 10759
new or remaining funds to existing providers of early childhood 10760
education programs or any new eligible providers to serve 10761
additional eligible children based on community economic 10762
disadvantage, limited access to high quality preschool or 10763
childcare services, and demonstration of high quality preschool 10764
services as determined by the Department using new metrics 10765
developed pursuant to Ohio's Race to the Top—Early Learning 10766
Challenge Grant, awarded to the Department in December 2011.10767

        Awards under divisions (D) and (E) of this section shall be 10768
distributed on a per-pupil basis, and in accordance with division 10769
(I) of this section. The Department may adjust the per-pupil 10770
amount so that the per-pupil amount multiplied by the number of 10771
eligible children enrolled and receiving services on the first day 10772
of December or the business day closest to that date equals the 10773
amount allocated under this section.10774

       (F) Costs for developing and administering an early childhood 10775
education program may not exceed fifteen per cent of the total 10776
approved costs of the program.10777

       All providers shall maintain such fiscal control and 10778
accounting procedures as may be necessary to ensure the 10779
disbursement of, and accounting for, these funds. The control of 10780
funds provided in this program, and title to property obtained, 10781
shall be under the authority of the approved provider for purposes 10782
provided in the program unless, as described in division (K) of 10783
this section, the program waives its right for funding or a 10784
program's funding is eliminated or reduced due to its inability to 10785
meet financial or early learning program standards. The approved 10786
provider shall administer and use such property and funds for the 10787
purposes specified.10788

       (G) The Department may examine a provider's financial and 10789
program records. If the financial practices of the program are not 10790
in accordance with standard accounting principles or do not meet 10791
financial standards outlined under division (F) of this section, 10792
or if the program fails to substantially meet the early learning 10793
program standards, meet a quality rating level in the tiered 10794
quality rating and improvement system developed under section 10795
5104.30 of the Revised Code as prescribed by the Department, or 10796
exhibits below average performance as measured against the 10797
standards, the early childhood education program shall propose and 10798
implement a corrective action plan that has been approved by the 10799
Department. The approved corrective action plan shall be signed by 10800
the chief executive officer and the executive of the official 10801
governing body of the provider. The corrective action plan shall 10802
include a schedule for monitoring by the Department. Such 10803
monitoring may include monthly reports, inspections, a timeline 10804
for correction of deficiencies, and technical assistance to be 10805
provided by the Department or obtained by the early childhood 10806
education program. The Department may withhold funding pending 10807
corrective action. If an early childhood education program fails 10808
to satisfactorily complete a corrective action plan, the 10809
Department may deny expansion funding to the program or withdraw 10810
all or part of the funding to the program and establish a new 10811
eligible provider through a selection process established by the 10812
Department.10813

       (H)(1) If the early childhood education program is licensed 10814
by the Department of Education and is not highly rated, as 10815
determined by the Director of Job and Family Services, under the 10816
tiered quality rating and improvement system described in section 10817
5104.30 of the Revised Code, the program shall do all of the 10818
following:10819

       (a) Meet teacher qualification requirements prescribed by 10820
section 3301.311 of the Revised Code;10821

       (b) Align curriculum to the early learning content standards 10822
developed by the Department;10823

       (c) Meet any child or program assessment requirements 10824
prescribed by the Department;10825

       (d) Require teachers, except teachers enrolled and working to 10826
obtain a degree pursuant to section 3301.311 of the Revised Code, 10827
to attend a minimum of twenty hours every two years of 10828
professional development as prescribed by the Department;10829

       (e) Document and report child progress as prescribed by the 10830
Department;10831

       (f) Meet and report compliance with the early learning 10832
program standards as prescribed by the Department;10833

       (g) Participate in the tiered quality rating and improvement 10834
system developed under section 5104.30 of the Revised Code. 10835
Effective July 1, 2016, all programs shall be rated through the 10836
system.10837

       (2) If the program is highly rated, as determined by the 10838
Director of Job and Family Services, under the tiered quality 10839
rating and improvement system developed under section 5104.30 of 10840
the Revised Code, the program shall comply with the requirements 10841
of that system.10842

       (I) Per-pupil funding for programs subject to this section 10843
shall be sufficient to provide eligible children with services for 10844
a standard early childhood schedule which shall be defined in this 10845
section as a minimum of twelve and one-half hours per school week 10846
as defined in section 3313.62 of the Revised Code for the minimum 10847
school year as defined in sections 3313.48, 3313.481, and 3313.482 10848
of the Revised Code. Nothing in this section shall be construed to 10849
prohibit program providers from utilizing other funds to serve 10850
eligible children in programs that exceed the twelve and one-half 10851
hours per week or that exceed the minimum school year. For any 10852
provider for which a standard early childhood education schedule 10853
creates a hardship or for which the provider shows evidence that 10854
the provider is working in collaboration with a preschool special 10855
education program, the provider may submit a waiver to the 10856
Department requesting an alternate schedule. If the Department 10857
approves a waiver for an alternate schedule that provides services 10858
for less time than the standard early childhood education 10859
schedule, the Department may reduce the provider's annual 10860
allocation proportionately. Under no circumstances shall an annual 10861
allocation be increased because of the approval of an alternate 10862
schedule.10863

       (J) Each provider shall develop a sliding fee scale based on 10864
family incomes and shall charge families who earn more than two 10865
hundred per cent of the federal poverty guidelines, as defined in 10866
division (A)(3) of section 5101.46 of the Revised Code, for the 10867
early childhood education program.10868

       The Department shall conduct an annual survey of each 10869
provider to determine whether the provider charges families 10870
tuition or fees, the amount families are charged relative to 10871
family income levels, and the number of families and students 10872
charged tuition and fees for the early childhood program.10873

       (K) If an early childhood education program voluntarily 10874
waives its right for funding, or has its funding eliminated for 10875
not meeting financial standards or the early learning program 10876
standards, the provider shall transfer control of title to 10877
property, equipment, and remaining supplies obtained through the 10878
program to providers designated by the Department and return any 10879
unexpended funds to the Department along with any reports 10880
prescribed by the Department. The funding made available from a 10881
program that waives its right for funding or has its funding 10882
eliminated or reduced may be used by the Department for new grant 10883
awards or expansion grants. The Department may award new grants or 10884
expansion grants to eligible providers who apply. The eligible 10885
providers who apply must do so in accordance with the selection 10886
process established by the Department.10887

       (L) Eligible expenditures for the Early Childhood Education 10888
Program shall be claimed each fiscal year to help meet the state's 10889
TANF maintenance of effort requirement. The Superintendent of 10890
Public Instruction and the Director of Job and Family Services 10891
shall enter into an interagency agreement to carry out the 10892
requirements under this division, which shall include developing 10893
reporting guidelines for these expenditures.10894

       (M) The Early Childhood Advisory Council established under 10895
section 3301.90 of the Revised Code shall provide, by October 1, 10896
2013, recommendations including, but not limited to, the 10897
administration, implementation, and distribution of funding for an 10898
early childhood voucher program, to the Superintendent of Public 10899
Instruction, the Governor's Office of 21st Century Education, the 10900
Speaker of the House of Representatives, the President of the 10901
Senate, and the chairpersons of the standing committees of the 10902
House of Representatives and the Senate that deal primarily with 10903
issues of education. Decisions on the implementation of the 10904
voucher program shall be made by the Governor's Office of 21st 10905
Century Education with recommendations from the State 10906
Superintendent of Public Instruction and the Early Childhood 10907
Advisory Council.10908

       Section 4.  That existing Section 263.20 of Am. Sub. H.B. 59 10909
of the 130th General Assembly is hereby repealed.10910

       Section 5.  (A) There is hereby created the School Based 10911
Health Care Advisory Workgroup. The Workgroup shall consist of the 10912
following members:10913



       (1) The Superintendent of Public Instruction or the 10915
Superintendent's designee;10916

       (2) The Director of Developmental Disabilities or the 10917
Director's designee;10918

       (3) The Director of Health or the Director's designee;10919

       (4) The Director of Job and Family Services or the Director's 10920
designee;10921

       (5) The Director of Medicaid or the Director's designee;10922

       (6) The Director of Mental Health and Addiction Services or 10923
the Director's designee;10924

       (7) The Director of the Office of Health Transformation or 10925
the Director's designee, who shall serve as chairperson;10926

       (8) One representative from each of the following 10927
organizations, appointed by the organization's chief executive 10928
officer or the individual serving in an equivalent capacity for 10929
the organization:10930

       (a) The Association of Ohio Health Commissioners;10931

       (b) The Buckeye Association of School Administrators;10932

       (c) The County Commissioners Association of Ohio;10933

       (d) The Greater Cincinnati Community Learning Institute;10934

       (e) The Ohio Association of Community Health Centers;10935

       (f) The Ohio Association of Health Plans;10936

       (g) The Ohio Association of School Nurses;10937

       (h) The Ohio Business Roundtable;10938

       (i) The Ohio Chamber of Commerce;10939

       (j) The Ohio Chapter of the American Academy of Pediatrics;10940

       (k) The Ohio Children's Hospital Association;10941

       (l) The Ohio Commission on Minority Health;10942

       (m) The Ohio Council of Behavioral Health and Family Services 10943
Providers;10944

       (n) The Ohio Dental Association;10945

       (o) The Ohio Optometric Association;10946

       (p) The Ohio Parent Teacher Association;10947

       (q) The Ohio State Medical Association;10948

       (r) The Public Children Services Association of Ohio;10949

       (s) Voices for Ohio's Children;10950

       (t) The Ohio Federation of Teachers;10951

        (u) The Ohio Association of County Behavioral Health 10952
Authorities;10953

       (v) The Ohio School Psychologists Association.10954

       (9) Two members of the House of Representatives, one from the 10955
majority party and the other from the minority party, appointed by 10956
the Speaker of the House of Representatives;10957

       (10) Two members of the Senate, one from the majority party 10958
and the other from the minority party, appointed by the President 10959
of the Senate.10960

       (B) The Workgroup shall do all of the following:10961

       (1) Review evidence of the correlation between student health 10962
and academic achievement;10963

       (2) Identify existing best practices to improve academic 10964
achievement through better student health;10965

       (3) Based on existing best practices, recommend one or more 10966
models for communities that want to improve academic achievement 10967
through better student health;10968

       (4) Recommend financial strategies to sustain the models over 10969
time, with an emphasis on health coverage through commercial 10970
insurance and Medicaid, not other governmental subsidies;10971

       (5) Recommend health care service delivery strategies that 10972
are known to improve health outcomes, such as patient-centered 10973
medical homes; 10974

       (6) Explore the community learning center model delivery of 10975
student health care services;10976

       (7) Ensure that all recommendations adhere to state and 10977
federal law.10978

       (C)(1) Appointments to the Workgroup shall be made not later 10979
than fifteen days after the effective date of this section. 10980
Vacancies shall be filled in the same manner as the original 10981
appointments. 10982

       (2) Members of the Workgroup shall serve without compensation 10983
or reimbursement for expenses incurred while serving on the 10984
Workgroup, except to the extent that serving on the Workgroup is 10985
considered to be among the member's employment duties.10986

       (D) The Workgroup shall prepare a report of its findings and 10987
recommendations and, not later than December 31, 2014, submit the 10988
report to the General Assembly. Upon submission of the report, the 10989
Workgroup shall cease to exist.10990

       Section 6. (A) Notwithstanding anything to the contrary in 10991
Chapter 3365. of the Revised Code, for the 2014-2015 school year, 10992
the program established under that chapter shall continue to 10993
operate as the Post-Secondary Enrollment Options Program, as it 10994
existed under that chapter prior to the effective date of this 10995
section. All rules for the Post-Secondary Enrollment Options 10996
Program in effect on the effective date of this section shall 10997
continue to govern that program for the 2014-2015 school year. The 10998
College Credit Plus Program, as codified in Chapter 3365. of the 10999
Revised Code, as it is revised by this act, shall begin operation 11000
for the 2015-2016 school year. Beginning on the effective date of 11001
this section, the Department of Education, Superintendent of 11002
Public Instruction, and Chancellor of the Ohio Board of Regents 11003
shall take the necessary steps to adopt rules, guidelines, and 11004
procedures and to create any necessary forms and documents so that 11005
the College Credit Plus Program is fully operational for the 11006
2015-2016 school year in accordance with Chapter 3365. of the 11007
Revised Code, as it is revised by this act.11008

       (B) In accordance with division (A) of this section, all 11009
participants who enroll, or who have taken preliminary action to 11010
enroll, in an institution of higher education for the 2014-2015 11011
school year pursuant to Chapter 3365. of the Revised Code, as it 11012
existed prior to the effective date of this section, or rules 11013
adopted under that version of that chapter, shall participate in 11014
the Post-Secondary Enrollment Options Program, as it existed prior 11015
to the effective date of this section. Participants enrolled in an 11016
institution of higher education under the Post-Secondary 11017
Enrollment Options Program during the 2014-2015 school year shall 11018
continue to be subject to the provisions of Chapter 3365. of the 11019
Revised Code, as it existed prior to the effective date of this 11020
section.11021

       (C) For the 2014-2015 school year, all participants who 11022
enroll, or who have taken preliminary action to enroll, in a dual 11023
enrollment program as defined in section 3313.6013 of the Revised 11024
Code, as it existed prior to the effective date of this section, 11025
to participate during that school year in the dual enrollment 11026
program shall participate under the specified dual enrollment 11027
program in which the student enrolled and shall continue to be 11028
subject to the provisions of section 3313.6013 of the Revised 11029
Code, as it existed prior to the effective date of this section.11030

       (D) Any agreement entered into for the 2014-2015 school year 11031
regarding either the Post-Secondary Enrollment Options Program 11032
under Chapter 3365. of the Revised Code, as it existed prior to 11033
the effective date of this section, or any dual enrollment 11034
program, as defined in section 3313.6013 of the Revised Code as it 11035
existed prior to the effective date of this section, shall 11036
continue in force, pursuant to the terms of that agreement, for 11037
the 2014-2015 school year.11038

       (E) For the 2013-2014 and 2014-2015 school years, the 11039
Department of Education shall make all payments that the 11040
Department is obligated to pay pursuant to section 3365.07 of the 11041
Revised Code, as it existed prior to the effective date of this 11042
section, for participants who enroll in an institution of higher 11043
education under Chapter 3365. of the Revised Code, as it existed 11044
prior to the effective date of this section.11045

       (F) For the 2014-2015 school year only, whenever the term 11046
"College Credit Plus Program" is used, referred to, or designated 11047
in any provision of the Revised Code outside of Chapter 3365. of 11048
the Revised Code, the use, reference, or designation shall be 11049
construed to mean the "Post-Secondary Enrollment Options Program." 11050

       Section 7.  (A) As used in this section:11051

       (1) An "eligible school district" is a city, local, or 11052
exempted village school district that satisfies either of the 11053
following conditions:11054

       (a) The district has fewer than five hundred students, and 11055
the entire territory of the district is transferred to a 11056
contiguous school district under section 3311.22 of the Revised 11057
Code not later than June 30, 2015;11058

       (b) The district has fewer than five hundred students, and 11059
the district receives the entire territory of a contiguous school 11060
district pursuant to a transfer under section 3311.22 of the 11061
Revised Code not later than June 30, 2015.11062

       (2) An eligible school district's "amount owed to the 11063
solvency assistance fund" is either of the following:11064

       (a) In the case of a school district described in division 11065
(A)(1)(a) of this section, the amount owed by the district to the 11066
solvency assistance fund created under section 3316.20 of the 11067
Revised Code on the date that the district's territory is 11068
transferred to a contiguous school district under section 3311.22 11069
of the Revised Code;11070

       (b) In the case of a school district described in division 11071
(A)(1)(b) of this section, the amount owed by the district to the 11072
solvency assistance fund created under section 3316.20 of the 11073
Revised Code on the date that the district receives the entire 11074
territory of a contiguous school district pursuant to a transfer 11075
under section 3311.22 of the Revised Code.11076

       (B) The amount owed to the solvency assistance fund by an 11077
eligible school district shall be canceled.11078

       (C) Nothing in this section shall prohibit an eligible school 11079
district from receiving assistance from the Ohio school facilities 11080
commission under Chapter 3318. of the Revised Code.11081

       Section 8.  Not later than January 15, 2015, the 11082
Superintendent of Public Instruction shall submit a report to the 11083
Governor and the General Assembly, in accordance with section 11084
101.68 of the Revised Code, regarding the state achievement 11085
assessments prescribed by divisions (A)(1) and (B)(1) and (2) of 11086
section 3301.0710 of the Revised Code. The report shall include a 11087
review of the number of elementary and secondary assessments 11088
administered and the Superintendent's recommendations for 11089
decreasing the number of assessments and decreasing the number of 11090
designated dates for and the duration of the administration of 11091
such assessments, to ensure that the extent of testing is 11092
reasonable.11093

       Section 9.  (A) For the 2014-2015 school year, each school 11094
district, community school established under Chapter 3314., or 11095
STEM school established under Chapter 3326. of the Revised Code 11096
shall administer the English language arts assessment required 11097
under division (A)(1)(a) of section 3301.0710 of the Revised Code 11098
to third grade students for purposes of section 3313.608 of the 11099
Revised Code as follows:11100

       (1) For the fall administration of the assessment, each 11101
district or school shall administer the English language arts 11102
assessment for third graders that the school administered for the 11103
previous year under section 3301.0710 of the Revised Code.11104

       (2) For the spring administration of the assessment to any 11105
student who fails to attain at least the score range prescribed by 11106
division (A)(3) of section 3301.0710 of the Revised Code, each 11107
district or school shall administer the English language arts 11108
assessment for third graders that the school administered for the 11109
previous year under section 3301.0710 of the Revised Code.11110

       (3) For the spring administration of the assessment to any 11111
student who has attained at least the score range prescribed by 11112
division (A)(3) of section 3301.0710 of the Revised Code, each 11113
district or school shall administer the English language arts 11114
assessment developed by the Partnership for Assessment of 11115
Readiness for College and Careers (PARCC).11116

       (B) The Department shall use the assessments described in 11117
divisions (A)(1) and (2) of this section to calculate a district's 11118
or school's grades on the state report card prescribed by section 11119
3302.03 of the Revised Code.11120

       Section 10. (A) For the 2014-2015 school year, no school 11121
district, community school, STEM school, college-preparatory 11122
boarding school, or chartered nonpublic school shall be required 11123
to administer in an online format any assessments prescribed by 11124
sections 3301.0710 and 3301.0712 of the Revised Code. However, a 11125
district or school may administer any of those assessments in an 11126
online format at the discretion of the district board or school 11127
governing authority, or in any combination of online and paper 11128
formats. The Department of Education shall furnish, free of 11129
charge, all such assessments for that school year regardless of 11130
the format selected by the district or school.11131

       (B) Not later than December 31, 2014, the Department shall 11132
submit a report to the Governor and the General Assembly, in 11133
accordance with section 101.68 of the Revised Code, on the 11134
security of student data with regard to the administration of 11135
online assessments.11136

       (C) Not later than July 1, 2015, the Department shall publish 11137
the number of districts and schools that administered the 11138
assessments required under sections 3301.0710 and 3301.0712 of the 11139
Revised Code in all of the following formats:11140

       (1) Completely in an online format;11141

       (2) Completely in a paper format;11142

       (3) In any combination of online and paper formats.11143

       Section 11.  (A) There is hereby created a committee to make 11144
recommendations regarding graduation requirements and other 11145
state-mandated testing requirements for students who attend 11146
chartered nonpublic schools. The committee shall consist of the 11147
following members:11148

       (1) The Superintendent of Public Instruction or the 11149
Superintendent's designee, who shall act as the chairperson;11150

       (2) The President of the state Board of Education or the 11151
President's designee;11152

       (3) Three individuals, appointed by the Speaker of the House 11153
of Representatives, one of which shall be recommended by the 11154
Minority Leader of the House of Representatives;11155

       (4) Three individuals, appointed by the President of the 11156
Senate, one of which shall be recommended by the Minority Leader 11157
of the Senate;11158

       (5) Three individuals, appointed by the Superintendent of 11159
Public Instruction, representing each of the following entities:11160

       (a) The Catholic Conference of Ohio;11161

       (b) A nonpublic school accredited through the Independent 11162
School Association of the Central States;11163

       (c) A nonpublic school that is not a member of the Catholic 11164
Conference of Ohio or accredited through the Independent School 11165
Association of the Central States.11166

       (B) Not later than January 15, 2015, the committee shall 11167
prepare a report of its recommendations and submit the report to 11168
the chairpersons of the standing committees of the House of 11169
Representatives and the Senate that are principally responsible 11170
for education policy.11171

       Section 12.  In accordance with section 3301.0711 of the 11172
Revised Code, as amended by this act, the entirety of the 11173
questions and corresponding preferred answers of the assessments 11174
prescribed by division (A) of section 3301.0710 and division 11175
(B)(2) of section 3301.0712 of the Revised Code administered in 11176
the spring of the 2014-2015 school year shall be released within 11177
three years of its administration.11178

       Section 13.  Notwithstanding anything in the Revised Code to 11179
the contrary, the board of education of a school district, the 11180
governing authority of a community school established under 11181
Chapter 3314. of the Revised Code, or the governing body of a STEM 11182
school established under Chapter 3326. of the Revised Code that 11183
has entered into a collective bargaining agreement with its 11184
teachers under Chapter 4117. of the Revised Code may enter into a 11185
separate memorandum of understanding with the exclusive 11186
representative of its teachers stipulating that the value-added 11187
progress dimension rating that is based on the results of the 11188
assessments prescribed under sections 3301.0710 and 3301.0712 of 11189
the Revised Code administered in the 2014-2015 school year and is 11190
used to assess student academic growth for purposes of teacher 11191
evaluations under sections 3311.80, 3319.111, and 3319.112 of the 11192
Revised Code will not be used when making decisions regarding the 11193
dismissal, retention, tenure, or compensation of the district's or 11194
school's teachers.11195

        As used in this section, "value-added progress dimension" 11196
means the value-added progress dimension prescribed by 3302.021 of 11197
the Revised Code or an alternative student academic progress 11198
measure if adopted under division (C)(1)(e) of section 3303.03 of 11199
the Revised Code.11200

       Section 14.  If a school district or community school cannot 11201
furnish the number of teachers who satisfy one or more of the 11202
criteria set forth in division (H) of section 3313.608 of the 11203
Revised Code needed for the 2014-2015 or 2015-2016 school year in 11204
order to comply with requirements of that section, the district or 11205
school may develop and submit to the Department of Education an 11206
alternative staffing plan for that school year.11207

       Section 15.  Not later than December 31, 2014, the 11208
Superintendent of Public Instruction shall submit to the Governor 11209
and General Assembly, in accordance with section 101.68 of the 11210
Revised Code, recommendations for legislative changes regarding 11211
intervention for poor performing school districts that are at risk 11212
of becoming subject to the establishment of an academic distress 11213
commission as prescribed under section 3310.02 of the Revised 11214
Code.11215

       Section 16.  Not later than December 31, 2014, the 11216
Superintendent of Public Instruction shall submit a report of 11217
recommendations to the Governor and the General Assembly, in 11218
accordance with section 101.68 of the Revised Code, regarding the 11219
security and use of student data.11220

       Section 17.  Section 3318.70 of the Revised Code is presented 11221
in this act as a composite of the section as amended by both Am. 11222
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly. 11223
The General Assembly, applying the principle stated in division 11224
(B) of section 1.52 of the Revised Code that amendments are to be 11225
harmonized if reasonably capable of simultaneous operation, finds 11226
that the composite is the resulting version of the section in 11227
effect prior to the effective date of the section as presented in 11228
this act.11229