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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 |
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) | 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 | 281 |
Except as provided in division (G)(4) of this section, the board | 282 |
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. | 287 |
288 | |
289 | |
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 | 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 | 341 |
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) | 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 |
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) | 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 | 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 | 521 |
522 |
(i) | 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) | 528 |
information, media, and technological literacy; | 529 |
(iii) | 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 |
| 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) | 791 |
792 |
| 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 | 866 |
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 | 870 |
871 | |
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 | 996 |
997 | |
998 | |
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 | 1219 |
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. | 1224 |
(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) | 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 | 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) | 1304 |
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 | 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 | 1380 |
1381 | |
from high school is ready to enter college or the workforce. | 1382 |
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 | 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) | 1399 |
1400 | |
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. | 1407 |
1408 | |
1409 | |
1410 | |
1411 | |
1412 | |
1413 | |
1414 | |
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) | 1525 |
1526 | |
1527 | |
1528 |
| 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 |
| 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 |
| 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 |
| 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 |
| 1548 |
1549 | |
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. | 2054 |
2055 | |
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) | 2081 |
2082 | |
2083 |
| 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 | 2108 |
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 |
2114 | |
2115 | |
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) | 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 | 2148 |
(b) of section 3301.0711, | 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 | 2285 |
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 |
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 | 2608 |
state board shall adopt criteria for acceptable | 2609 |
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 | 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 | 2729 |
students who have earned at least three college credits through | 2730 |
2731 | |
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 college | 2735 |
transcript | 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 | 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 | 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 | 2975 |
2001, | 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 | 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 | 3011 |
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) | 3084 |
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 | 3091 |
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) | 3098 |
3099 | |
3100 |
| 3101 |
3102 | |
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 | 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 |
| 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 |
| 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 | 3670 |
permit such an eligible student's family | 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. | 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 | 3698 |
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 | 3729 |
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) | 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) | 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 |
| 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 |
| 4054 |
transformation alliance education plan; | 4055 |
| 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 | 4074 |
whose approval under that section is granted | 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 | 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 | 4084 |
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, | 4178 |
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 | 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 | 4259 |
section | 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 | 4430 |
a community school established under Chapter 3314. of the Revised | 4431 |
Code | 4432 |
4433 | |
4434 | |
4435 | |
4436 | |
4437 | |
4438 | |
4439 | |
4440 | |
4441 | |
4442 | |
4443 |
| 4444 |
engineering, and mathematics school established under Chapter | 4445 |
3326. of the Revised Code shall | 4446 |
4447 | |
4448 | |
4449 | |
4450 | |
4451 | |
4452 | |
4453 | |
4454 | |
4455 | |
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 | 4486 |
4487 | |
4488 | |
4489 | |
4490 | |
4491 | |
4492 | |
4493 | |
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 | 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 | 4570 |
following who has complied with the requirements in division | 4571 |
(E)(4) of this section: | 4572 |
(i) A physician; | 4573 |
(ii) | 4574 |
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 | 4585 |
physician or | 4586 |
4587 | |
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 | 4591 |
professional to make an assessment or grant a clearance for | 4592 |
purposes of division (E)(1) of this section only if the | 4593 |
professional is acting in accordance with one of the following, as | 4594 |
applicable to the | 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 | 4601 |
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 | 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 | 4746 |
when completing the | 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 | 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, | 4778 |
or chartered nonpublic high school even though the student has not | 4779 |
completed the | 4780 |
prescribed in division (C) of this section if all of the following | 4781 |
conditions are satisfied: | 4782 |
(1) | 4783 |
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 | 4788 |
4789 | |
(C) of this section and acknowledging that one consequence of not | 4790 |
completing | 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 | 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 | 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) | 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 | 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, | 4839 |
department shall submit its findings and any recommendations not | 4840 |
later than | 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 | 4849 |
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 | 4870 |
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) | 4886 |
(B)(2) of that section. | 4887 |
(4) The program develops | 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 | 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 | 4902 |
4903 | |
(C) of this section and acknowledging that one consequence of not | 4904 |
completing | 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, " | 5034 |
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. | 5041 |
standing programs may include any of the following: | 5042 |
(1) The | 5043 |
program established under Chapter 3365. of the Revised Code; | 5044 |
(2) Advanced placement courses; | 5045 |
(3) | 5046 |
5047 | |
5048 | |
diploma courses; | 5049 |
(4) Early college high | 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 | 5054 |
standing program. For this purpose, each school district and | 5055 |
chartered nonpublic high school shall offer at least one | 5056 |
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 | 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 | 5064 |
addition to the | 5065 |
plus program, and each joint vocational school district shall | 5066 |
offer at least one other | 5067 |
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 | 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 |
5077 | |
instead shall offer at least one other
| 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 | 5084 |
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) | 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 | 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 | 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 | 5208 |
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 | 5319 |
5320 | |
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 | 5331 |
5332 | |
5333 | |
has met the
| 5334 |
requirement prescribed | 5335 |
5336 | |
the person is excused from | 5337 |
prescribed by that
| 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 | 5357 |
5358 | |
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 | 5366 |
5367 | |
5368 | |
has met the
| 5369 |
requirement prescribed under
| 5370 |
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 | 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 | 5440 |
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) | 5448 |
Revised Code if such an exemption is prescribed by rule of the | 5449 |
state board under division (D) | 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 | 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 | 5483 |
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 | 5488 |
5489 | |
5490 | |
Revised Code provided an individualized education program | 5491 |
specifically exempts the student from | 5492 |
5493 | |
for
| 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 | 5526 |
5527 | |
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 | 5538 |
5539 | |
5540 | |
5541 | |
by section | 5542 |
to the extent that the applicant is excused from some portion of | 5543 |
that | 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 |
5575 | |
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 | 5583 |
5584 | |
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 | 5591 |
5592 | |
5593 | |
has met the | 5594 |
requirement prescribed
| 5595 |
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 | 5601 |
5602 | |
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) | 5610 |
exemption is prescribed by rule of the state board of education | 5611 |
under division (D) | 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 | 5628 |
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 | 5697 |
5698 | |
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 | 5702 |
5703 | |
5704 | |
eligible to receive a diploma based on passage of the Ohio | 5705 |
graduation tests. Each such person must meet the | 5706 |
5707 | |
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 | 5802 |
of education to take the tests of general educational development, | 5803 |
the person shall submit with the application written approval from | 5804 |
the | 5805 |
5806 | |
5807 | |
5808 | |
5809 | |
5810 | |
5811 | |
5812 | |
5813 | |
5814 |
| 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 | 5818 |
5819 | |
official under division | 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 operating | 5941 |
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 operating | 5954 |
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) | 5980 |
each city, local, and exempted village school district shall, by | 5981 |
one of the following means, provide | 5982 |
enrolled in grades seven through twelve career-technical education | 5983 |
adequate to prepare a | 5984 |
occupation: | 5985 |
(1) Establishing and maintaining a | 5986 |
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 | 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
| 5995 |
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 | 6000 |
career-technical education program as part-time students in | 6001 |
proportion to the time spent in the | 6002 |
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 provide | 6014 |
6015 | |
minimum enrollment of fifteen hundred | 6016 |
nine through twelve is established as a base for comprehensive | 6017 |
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 |
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 | 6036 |
education programs as required by this section can be provided | 6037 |
through an alternate plan. | 6038 |
(B) | 6039 |
6040 | |
6041 | |
6042 | |
6043 | |
6044 | |
6045 | |
6046 | |
6047 | |
6048 | |
6049 |
| 6050 |
6051 |
| 6052 |
6053 | |
6054 |
| 6055 |
6056 |
| 6057 |
6058 | |
6059 | |
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 | 6225 |
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 | 6229 |
6230 | |
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, | 6291 |
6292 | |
6293 | |
6294 | |
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 | 6339 |
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 |
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 |
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 |
7148 | |
7149 | |
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) | 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 | 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) | 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. | 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 | 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 | 8100 |
to approval of the controlling board, | 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. | 8109 |
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 |
| 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 | 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 | 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 | 8617 |
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 |
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 | 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 | 8758 |
8759 | |
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 | 8768 |
8769 | |
8770 | |
has met the
| 8771 |
requirement prescribed | 8772 |
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 | 8793 |
8794 | |
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 | 8802 |
8803 | |
8804 | |
has met the
| 8805 |
requirement prescribed | 8806 |
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 | 8855 |
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 | 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 | 8908 |
3365.07 of the Revised Code | 8909 |
8910 | |
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 | 8935 |
8936 | |
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 |
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 | 8946 |
8947 | |
8948 | |
has met the
| 8949 |
requirement prescribed | 8950 |
8951 | |
the student is excused from some portion of that | 8952 |
section pursuant to division | 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 | 8971 |
8972 | |
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 | 8980 |
8981 | |
8982 | |
has met the
| 8983 |
requirement prescribed | 8984 |
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 | 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. | 9008 |
9009 | |
9010 | |
9011 | |
9012 | |
an age and schooling certificate may be issued by the | 9013 |
superintendent of schools to | 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 |
| 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 | 9023 |
this section, and in addition any one of the following groups of | 9024 |
facts: | 9025 |
| 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 |
| 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 |
| 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 |
| 9043 |
9044 | |
9045 |
| 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 |
| 9057 |
(A)(1) | 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 |
| 9067 |
9068 | |
9069 | |
9070 | |
9071 | |
9072 | |
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 | 9142 |
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
| 9202 |
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 | 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 | 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 | 9278 |
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, | 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 |
9295 | |
under Chapter 3365. of the Revised Code, or through other | 9296 |
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 |
9319 | |
under Chapter 3365. of the Revised Code or another | 9320 |
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 | 9324 |
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 | 9349 |
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 |
9470 | |
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 |
9476 | |
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 |
9504 | |
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 |
9509 | |
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 |
| 9699 |
enroll in courses under this chapter for which the student elects | 9700 |
under division (B) of section | 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 |
| 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 |
| 9718 |
9719 | |
9720 | |
9721 | |
9722 |
| 9723 |
9724 | |
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 | 9730 |
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 | 9736 |
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 | 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 | 9746 |
9747 | |
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
| 9760 |
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 |
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 | 9770 |
of the Revised Code, the public school | 9771 |
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 | 9775 |
9776 | |
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 | 9782 |
provided the student free of charge
| 9783 |
9784 |
(C) When a student who elected the option of division (B) of | 9785 |
section | 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 | 9790 |
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 | 9799 |
9800 | |
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 |
9806 | |
charge
| 9807 |
| 9808 |
notice from the superintendent | 9809 |
9810 | |
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 |
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 | 9820 |
or secondary school provided | 9821 |
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 |
| 9992 |
3365.02 of the Revised Code shall provide for | 9993 |
participants to enroll in courses under either of the following | 9994 |
options: | 9995 |
(A) The | 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 | 9999 |
payment of tuition and fees in the customary manner followed by | 10000 |
the college. A | 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 | 10004 |
credit for the course. Except as provided in section | 10005 |
3365.032 of the Revised Code, if the | 10006 |
successfully completes the course, the college shall award the | 10007 |
10008 | |
10009 | |
entity of a public secondary school | 10010 |
body of a participating nonpublic secondary school shall not award | 10011 |
the high school credit. | 10012 |
(2) The | 10013 |
school credit and college credit for the course. Except as | 10014 |
provided in section
| 10015 |
10016 | |
shall award the | 10017 |
the | 10018 |
governing entity of a public school | 10019 |
participating nonpublic school shall award the | 10020 |
high school credit. | 10021 |
(B) The | 10022 |
enrollment for each course to have the college reimbursed under | 10023 |
section 3365.07 of the Revised Code | 10024 |
10025 | |
10026 | |
10027 | |
successfully completes the course, the college shall award the | 10028 |
10029 | |
10030 | |
entity of a public school | 10031 |
participating nonpublic school shall award the | 10032 |
high school credit | 10033 |
10034 | |
10035 | |
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 | 10040 |
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) | 10242 |
10243 | |
10244 | |
10245 | |
10246 | |
10247 | |
10248 | |
10249 | |
10250 |
| 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 |
| 10255 |
resident school students in grades eleven and twelve under section | 10256 |
3327.01 of the Revised Code, a parent of a | 10257 |
enrolled in a course under division (A)(2) or (B) of section | 10258 |
10259 | |
education for full or partial reimbursement for the necessary | 10260 |
costs of transporting the
| 10261 |
secondary school the | 10262 |
in which the | 10263 |
paid solely from funds received by the district for | 10264 |
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 |
| 10269 |
transportation for its | 10270 |
twelve under section 3314.091 of the Revised Code, a parent of a | 10271 |
10272 | |
course under division (A)(2) or (B) of section | 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 | 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 | 10279 |
paid to it under section 3314.091 of the Revised Code. | 10280 |
| 10281 |
division (C) of this section, if the superintendent | 10282 |
10283 | |
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 |
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 | 10291 |
10292 | |
10293 | |
division (C) of section 3313.642 of the Revised Code, may withhold | 10294 |
grades and credits received by the participant for | 10295 |
10296 | |
participant or the participant's parent provides reimbursement. | 10297 |
(B) | 10298 |
section, if the chief administrator of | 10299 |
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 | 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 |
| 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
| 10362 |
10363 | |
nonpublic secondary school. If a course comparable to one a | 10364 |
10365 | |
10366 | |
governing body shall award comparable credit for the course | 10367 |
completed at the college. If no comparable course is offered by | 10368 |
the | 10369 |
governing body shall grant an appropriate number of elective | 10370 |
credits
| 10371 |
(2) If there is a dispute between a | 10372 |
10373 | |
school and a
| 10374 |
granted for a course, 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 | 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. | 10384 |
10385 | |
10386 | |
10387 | |
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 | 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 | 10512 |
the following who has complied with the requirements in division | 10513 |
(E)(4) of this section: | 10514 |
(i) A physician; | 10515 |
(ii) | 10516 |
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 | 10525 |
physician or | 10526 |
10527 | |
10528 | |
condition. | 10529 |
(2) A youth sports organization may authorize a licensed | 10530 |
health care | 10531 |
an assessment or grant a clearance for purposes of division (E)(1) | 10532 |
of this section only if the | 10533 |
accordance with one of the following, as applicable to the | 10534 |
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 | 10540 |
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 EXPENSES | 10672 |
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 EDUCATION | 10676 |
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 |