As Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Representatives Anielski, Grossman, Henne, Stebelton, Terhar Speaker Batchelder
A BILL
To amend sections 133.06, 921.06, 3301.0712,
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03,
3310.031, 3310.032, 3311.24, 3311.38, 3311.86,
3313.372, 3313.537, 3313.603, 3313.6013,
3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,
3314.015, 3314.016, 3314.02, 3314.03, 3314.08,
3317.03, 3319.22, 3319.26, 3324.07, 3326.11,
3326.36, 3328.24, 3331.04, 3333.041, 3333.35,
3333.43, 3333.86, 3345.06, 3365.04, 3365.041,
3365.05, 3365.06, 3365.08, 3365.11, 5747.08, and
5747.98; to amend, for the purpose of adopting new
section numbers as indicated in parentheses,
sections 3365.04 (3365.06), 3365.041 (3365.032),
3365.05 (3365.12), 3365.06 (3365.031), and 3365.11
(3365.09); to enact new sections 3310.05, 3365.01,
3365.02, 3365.03, 3365.04, 3365.05, 3365.07,
3365.11, and 3365.15 and sections 3301.163,
3311.241, 3313.6020, 3313.94, 3314.191, 3314.352,
3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and
5747.64; and to repeal sections 3310.05, 3345.062,
3365.01, 3365.02, 3365.021, 3365.022, 3365.03,
3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of
the Revised Code; and to amend the version of
section 3314.016 of the Revised Code that is
scheduled to take effect on January 1, 2015, to
continue the provisions of this act on and after
that effective date with regard to education
provisions for students in grades kindergarten
through twelve.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 921.06, 3301.0712,
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031,
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603,
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22,
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041,
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05,
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 be amended;
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended
for the purpose of adopting new section numbers as indicated in
parentheses; and new sections 3310.05, 3365.01, 3365.02, 3365.03,
3365.04, 3365.05, 3365.07, 3365.11, and 3365.15 and sections
3301.163, 3311.241, 3313.6020, 3313.94, 3314.191, 3314.352,
3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and 5747.64 of the
Revised Code be enacted to read as follows:
Sec. 133.06. (A) A school district shall not incur, without
a vote of the electors, net indebtedness that exceeds an amount
equal to one-tenth of one per cent of its tax valuation, except as
provided in divisions (G) and (H) of this section and in division
(C) of section 3313.372 of the Revised Code, or as prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education, and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred twenty days prior to
the election at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.042 of the Revised Code.
(E) A school district may become a special needs district as
to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining both
of the following:
(a) The student population is not being adequately serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) The history of and a projection of the growth of the tax
valuation;
(c) The estimated cost of permanent improvements proposed to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the information
certified to the superintendent and any other information the
superintendent obtains, indicates a likelihood of potential
average growth of tax valuation of the district during the next
five years of an average of not less than one and one-half per
cent per year. The findings and certification of the
superintendent shall be conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding the
month in which its board determines to submit to the electors the
question of issuing the proposed securities;
(b) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in
the district have been wholly or partially destroyed, or condemned
by a constituted public authority, or that such buildings or
facilities are partially constructed, or so constructed or planned
as to require additions and improvements to them before the
buildings or facilities are usable for their intended purpose, or
that corrections to permanent improvements are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the cost,
in excess of any insurance or condemnation proceeds received by
the district, of permanent improvements to respond to the
emergency need.
(3) The procedures for the election shall be as provided in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section 133.18
of the Revised Code shall be certified to the county auditor and
the board of elections at least one hundred days prior to the
election;
(c) The county auditor shall advise and, not later than
ninety-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its resolution
and the information required by division (D) of section 133.18 of
the Revised Code to the board of elections not less than ninety
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G)(1) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an analysis
and recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce
energy consumption in buildings owned by the district. The report
shall include estimates of all costs of such installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, measurement and
verification of energy savings, and debt service, forgone residual
value of materials or equipment replaced by the energy
conservation measure, as defined by the Ohio school facilities
commission, a baseline analysis of actual energy consumption data
for the preceding three years with the utility baseline based on
only the actual energy consumption data for the preceding twelve
months, and estimates of the amounts by which energy consumption
and resultant operational and maintenance costs, as defined by the
commission, would be reduced.
If the board finds after receiving the report that the amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board may
submit to the commission a copy of its findings and a request for
approval to incur indebtedness to finance the making or
modification of installations or the remodeling of buildings for
the purpose of significantly reducing energy consumption.
The school facilities commission, in consultation with the
auditor of state, may deny a request under this division by the
board of education any school district is in a state of fiscal
watch pursuant to division (A) of section 3316.03 of the Revised
Code, if it determines that the expenditure of funds is not in the
best interest of the school district.
No district board of education of a school district that is
in a state of fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code shall submit a request without
submitting evidence that the installations, modifications, or
remodeling have been approved by the district's financial planning
and supervision commission established under section 3316.05 of
the Revised Code.
No board of education of a school district that, for three or
more consecutive years, has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code, as
that section existed prior to March 22, 2013, and has failed to
meet adequate yearly progress, or has met any condition set forth
in division (A)(2), (3), or (4), or (5) of section 3302.10 of the
Revised Code shall submit a request without first receiving
approval to incur indebtedness from the district's academic
distress commission established under that section, for so long as
such commission continues to be required for the district.
(2) The school facilities commission shall approve the
board's request provided that the following conditions are
satisfied:
(a) The commission determines that the board's findings are
reasonable.
(b) The request for approval is complete.
(c) The installations, modifications, or remodeling are
consistent with any project to construct or acquire classroom
facilities, or to reconstruct or make additions to existing
classroom facilities under sections 3318.01 to 3318.20 or sections
3318.40 to 3318.45 of the Revised Code.
Upon receipt of the commission's approval, the district may
issue securities without a vote of the electors in a principal
amount not to exceed nine-tenths of one per cent of its tax
valuation for the purpose of making such installations,
modifications, or remodeling, but the total net indebtedness of
the district without a vote of the electors incurred under this
and all other sections of the Revised Code, except section
3318.052 of the Revised Code, shall not exceed one per cent of the
district's tax valuation.
(3) So long as any securities issued under this division
remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs
of buildings in which installations or modifications have been
made or remodeling has been done pursuant to this division and.
Except as provided in division (G)(4) of this section, the board
shall maintain and annually update a report in a form and manner
prescribed by the school facilities commission documenting the
reductions in energy consumption and resultant operational and
maintenance cost savings attributable to such installations,
modifications, or remodeling. The report shall be certified by an
architect or engineer independent of any person that provided
goods or services to the board in connection with the energy
conservation measures that are the subject of the report. The
resultant operational and maintenance cost savings shall be
certified by the school district treasurer. The report shall be
submitted annually to the commission.
(4) If the school facilities commission verifies that the
certified annual reports submitted to the commission by a board of
education under division (G)(3) of this section fulfill the
guarantee required under division (B) of section 3313.372 of the
Revised Code for three consecutive years, the board of education
shall no longer be subject to the annual reporting requirements of
division (G)(3) of this section.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of paying
costs of permanent improvements, if and to the extent that both of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates that
receipts of the school district from payments made under or
pursuant to agreements entered into pursuant to section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised
Code, or distributions under division (C) of section 5709.43 of
the Revised Code, or any combination thereof, are, after
accounting for any appropriate coverage requirements, sufficient
in time and amount, and are committed by the proceedings, to pay
the debt charges on the securities issued to evidence that
indebtedness and payable from those receipts, and the taxing
authority of the district confirms the fiscal officer's estimate,
which confirmation is approved by the superintendent of public
instruction;
(2) The fiscal officer of the school district certifies, and
the taxing authority of the district confirms, that the district,
at the time of the certification and confirmation, reasonably
expects to have sufficient revenue available for the purpose of
operating such permanent improvements for their intended purpose
upon acquisition or completion thereof, and the superintendent of
public instruction approves the taxing authority's confirmation.
The maximum maturity of securities issued under division (H)
of this section shall be the lesser of twenty years or the maximum
maturity calculated under section 133.20 of the Revised Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) or (C) of
this section when necessary to raise the school district portion
of the basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives, the
cost of other locally funded initiatives in an amount that does
not exceed fifty per cent of the district's portion of the basic
project cost, and the cost for site acquisition. The school
facilities commission shall notify the superintendent of public
instruction whenever a school district will exceed either limit
pursuant to this division.
(J) A school district whose portion of the basic project cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the electors
net indebtedness in an amount up to two per cent of its tax
valuation through the issuance of general obligation securities in
order to generate all or part of the amount of its portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio school facilities commission shall include the
dedication of the proceeds of such securities in the agreement
entered into under section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 921.06. (A)(1) No individual shall do any of the
following without having a commercial applicator license issued by
the director of agriculture:
(a) Apply pesticides for a pesticide business without direct
supervision;
(b) Apply pesticides as part of the individual's duties while
acting as an employee of the United States government, a state,
county, township, or municipal corporation, or a park district,
port authority, or sanitary district created under Chapter 1545.,
4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of
this section does not apply to a private applicator or an
immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that
private applicator.
(d) If the individual is the owner of a business other than a
pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible sites that
are located on the property:
(i) Food service operations that are licensed under Chapter
3717. of the Revised Code;
(ii) Retail food establishments that are licensed under
Chapter 3717. of the Revised Code;
(iv) Rental properties of more than four apartment units at
one location;
(v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education educational service center, a community school
established under Chapter 3314. of the Revised Code, or a
chartered or nonchartered nonpublic school that meets minimum
standards established by the state board of education;
(viii) Colleges as defined in section 3365.01 State
institutions of higher education as defined in section 3345.011 of
the Revised Code, nonprofit institutions holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code,
institutions holding a certificate of registration from the state
board of career colleges and schools and program authorization for
an associate or bachelor's degree program issued under section
3332.05 of the Revised Code, and private institutions exempt from
regulation under Chapter 3332. of the Revised Code as prescribed
in section 3333.046 of the Revised Code;
(ix) Food processing establishments as defined in section
3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established
by rule and shall be renewed in accordance with deadlines
established by rule. The fee for each such license shall be
established by rule. If a license is not issued or renewed, the
application fee shall be retained by the state as payment for the
reasonable expense of processing the application. The director
shall by rule classify by pesticide-use category licenses to be
issued under this section. A single license may include more than
one pesticide-use category. No individual shall be required to pay
an additional license fee if the individual is licensed for more
than one category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture
whose job duties require licensure as a commercial applicator as a
condition of employment.
(B) Application for a commercial applicator license shall be
made on a form prescribed by the director. Each application for a
license shall state the pesticide-use category or categories of
license for which the applicant is applying and other information
that the director determines essential to the administration of
this chapter.
(C) If the director finds that the applicant is competent to
apply pesticides and conduct diagnostic inspections and that the
applicant has passed both the general examination and each
applicable pesticide-use category examination as required under
division (A) of section 921.12 of the Revised Code, the director
shall issue a commercial applicator license limited to the
pesticide-use category or categories for which the applicant is
found to be competent. If the director rejects an application, the
director may explain why the application was rejected, describe
the additional requirements necessary for the applicant to obtain
a license, and return the application. The applicant may resubmit
the application without payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be
deemed to hold a private applicator's license for purposes of
applying pesticides on agricultural commodities that are produced
by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in divisions (B)(1) and (2) of this
section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. The system
shall replace the Ohio graduation tests prescribed in division
(B)(1) of section 3301.0710 of the Revised Code as a measure of
student academic performance and a prerequisite for eligibility
for a high school diploma in the manner prescribed by rule of the
state board adopted under division (D) of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally standardized assessment that measures
college and career readiness selected jointly by the state
superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, American history, and
American government selected jointly by the state superintendent
and the chancellor in consultation with faculty in the appropriate
subject areas at institutions of higher education of the
university system of Ohio. For each subject area, the state
superintendent and chancellor shall select multiple assessments
that school districts, public schools, and chartered nonpublic
schools may use as end-of-course examinations. Subject to division
(B)(3)(b) of this section, those assessments shall include
nationally recognized subject area assessments, such as advanced
placement examinations, SAT subject tests, international
baccalaureate examinations, and other assessments of college and
work readiness.
(3)(a) Not later than July 1, 2013, each school district
board of education shall adopt interim end-of-course examinations
that comply with the requirements of divisions (B)(3)(b)(i) and
(ii) of this section to assess mastery of American history and
American government standards adopted under division (A)(1)(b) of
section 3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code. Each high
school of the district shall use the interim examinations until
the state superintendent and chancellor select end-of-course
examinations in American history and American government under
division (B)(2) of this section.
(b) Not later than July 1, 2014, the state superintendent and
the chancellor shall select the end-of-course examinations in
American history and American government.
(i) The end-of-course examinations in American history and
American government shall require demonstration of mastery of the
American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
(ii) At least twenty per cent of the end-of-course
examination in American government shall address the topics on
American history and American government described in division (M)
of section 3313.603 of the Revised Code.
(C) The state board shall convene a group of national
experts, state experts, and local practitioners to provide advice,
guidance, and recommendations for the alignment of standards and
model curricula to the assessments and in the design of the
end-of-course examinations prescribed by this section.
(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
meet the requirements of the entire assessment system as a
prerequisite for a high school diploma under section 3313.61,
3313.612, or 3325.08 of the Revised Code;
(3) The date after which a person shall meet the requirements
of the entire assessment system as a prerequisite for a diploma of
adult education under section 3313.611 of the Revised Code;
(4) Whether and the extent to which a person may be excused
from an American history end-of-course examination and an American
government end-of-course examination under division (H) of section
3313.61 and division (B)(3) of section 3313.612 of the Revised
Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall meet the requirements of the
entire assessment system as a prerequisite for a high school
diploma under division (B) of section 3313.614 of the Revised
Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
(E) Not later than forty-five days prior to the state board's
adoption of a resolution directing the department of education to
file the rules prescribed by division (D) of this section in final
form under section 119.04 of the Revised Code, the superintendent
of public instruction shall present the assessment system
developed under this section to the respective committees of the
house of representatives and senate that consider education
legislation.
(F)(1) Any person enrolled in a nonchartered nonpublic school
or any person who has been excused from attendance at school for
the purpose of home instruction under section 3321.04 of the
Revised Code may choose to participate in the system of
assessments administered under divisions (B)(1) and (2) of this
section. However, no such person shall be required to participate
in the system of assessments.
(2) The department shall adopt rules for the administration
and scoring of any assessments under division (F)(1) of this
section.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student, except for the language
and reading assessment described in division (A)(2) of section
3301.0715 of the Revised Code, if the parent of that student
requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
state board of education or department of education from providing
a student's county of residence to the department of taxation to
facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school district
or community school to assign a data verification code that is
unique on a statewide basis over time to each student whose
initial Ohio enrollment is in that district or school and to
report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of data
verification codes for other entities, as described in division
(D)(2)(c) of this section, the use of those codes, and the
reporting and use of associated individual student data shall be
coordinated by the department in accordance with state and federal
law.
School districts shall report individual student data to the
department through the information technology centers utilizing
the code. The entities described in division (D)(2)(c) of this
section shall report individual student data to the department in
the manner prescribed by the department.
Except as provided in sections 3301.941, 3310.11, 3310.42,
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time
shall the state board or the department have access to information
that would enable any data verification code to be matched to
personally identifiable student data.
(b) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize the
same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section 3321.01
of the Revised Code, including the directors of health, job and
family services, mental health and addiction services, and
developmental disabilities, shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving those services.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (H) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as otherwise required under
division (B)(1) of section 3313.608 of the Revised Code, the board
of education of each city, local, and exempted village school
district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student. However, if a student
transfers into the district prior to the administration of the
diagnostic assessments to all students under division (B) of this
section, the district may administer the diagnostic assessments to
that student on the date or dates determined under that division.
(2)(a) Prior to July 1, 2014, each kindergarten student, not
earlier than four weeks prior to the first day of school and not
later than the first day of October.
(b) Beginning July 1, 2014, each Each kindergarten student,
not earlier than the first day of the school year and not later
than the first day of November, except that the language and
reading skills portion of the assessment shall be administered by
the thirtieth day of September to fulfill the requirements of
division (B) of section 3313.608 of the Revised Code.
For the purpose of division (A)(2) of this section, the
district shall administer the kindergarten readiness assessment
provided by the department of education. In no case shall the
results of the readiness assessment be used to prohibit a student
from enrolling in kindergarten.
(3) Each student enrolled in first, second, or third grade.
Division (A) of this section does not apply to students with
significant cognitive disabilities, as defined by the department
of education.
(B) Each district board shall administer each diagnostic
assessment when the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Any district that received an excellent or effective
rating a grade of "A" or "B" for the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of
the Revised Code or for the value-added progress dimension under
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of
the Revised Code for the immediately preceding school year,
pursuant to section 3302.03 of the Revised Code as it existed
prior to March 22, 2013, or the equivalent of such rating as
determined by the department of education, may use different
diagnostic assessments from those adopted under division (D) of
section 3301.079 of the Revised Code in order to satisfy the
requirements of division (A)(2)(3) of this section.
(D) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the
student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit to the department, in the manner
the department prescribes, the results of the diagnostic
assessments administered under this section, regardless of the
type of assessment used under section 3313.608 of the Revised
Code. The department may issue reports with respect to the data
collected. The department may report school and district level
kindergarten diagnostic assessment data and use diagnostic
assessment data to calculate the measure prescribed by divisions
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.
(E) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
Sec. 3301.163. (A) Beginning July 1, 2015, any third-grade
student who attends a chartered nonpublic school with a
scholarship awarded under either the educational choice
scholarship pilot program, prescribed in sections 3310.01 to
3310.17, or the pilot project scholarship program prescribed in
sections 3313.974 to 3313.979 of the Revised Code, shall be
subject to the third-grade reading guarantee retention provisions
under division (A)(2) of section 3313.608 of the Revised Code.
(B)(1) Each chartered nonpublic school that enrolls students
in any of grades kindergarten through three and that accepts
students under the educational choice scholarship pilot program or
the pilot project scholarship program shall adopt policies and
procedures for the annual assessment of the reading skills of
those students. Each school may use the diagnostic assessment to
measure reading ability for the appropriate grade level prescribed
in division (B) of section 3313.608 of the Revised Code. If the
school uses such assessments, the department of education shall
furnish them to the chartered nonpublic school.
(2) For each student identified as having reading skills
below grade level, the school shall do both of the following:
(a) Provide to the student's parent or guardian, in writing,
all of the following:
(i) Notification that the student has been identified as
having a substantial deficiency in reading;
(ii) Notification that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, the student shall be retained unless the student is
exempt under division (A)(1) of section 3313.608 of the Revised
Code.
(b) Provide intensive reading instruction services, as
determined appropriate by the school, to each student identified
under this section.
(C) Each chartered nonpublic school subject to this section
annually shall report to the department the number of students
identified as reading at grade level and the number of students
identified as reading below grade level.
Sec. 3302.03. Annually, not later than the fifteenth day of
September or the preceding Friday when that day falls on a
Saturday or Sunday, the department of education shall assign a
letter grade for overall academic performance and for each
separate performance measure for each school district, and each
school building in a district, in accordance with this section.
The state board shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish performance criteria for each letter
grade and prescribe a method by which the department assigns each
letter grade. For a school building to which any of the
performance measures do not apply, due to grade levels served by
the building, the state board shall designate the performance
measures that are applicable to the building and that must be
calculated separately and used to calculate the building's overall
grade. The department shall issue annual report cards reflecting
the performance of each school district, each building within each
district, and for the state as a whole using the performance
measures and letter grade system described in this section. The
department shall include on the report card for each district and
each building within each district the most recent two-year trend
data in student achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as adopted by the
state board. In adopting benchmarks for assigning letter grades
under division (A)(1)(b) of this section, the state board of
education shall designate ninety per cent or higher for an "A," at
least seventy per cent but not more than eighty per cent for a
"C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.02 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (A)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the
department shall designate a four-year adjusted cohort graduation
rate of ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an
"A."
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available. The letter grade assigned for this growth measure shall
be as follows:
(i) A score that is at least two standard errors of measure
above the mean score shall be designated as an "A."
(ii) A score that is at least one standard error of measure
but less than two standard errors of measure above the mean score
shall be designated as a "B."
(iii) A score that is less than one standard error of measure
above the mean score but greater than or equal to one standard
error of measure below the mean score shall be designated as a
"C."
(iv) A score that is not greater than one standard error of
measure below the mean score but is greater than or equal to two
standard errors of measure below the mean score shall be
designated as a "D."
(v) A score that is not greater than two standard errors of
measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a
graded performance measure, whether as an overall measure or as a
measure of separate subgroups, the grades for the measure shall be
calculated in the same manner as prescribed in division (A)(1)(e)
of this section.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted, students with
disabilities, and students whose performance places them in the
lowest quintile for achievement on a statewide basis. Each
subgroup shall be a separate graded measure.
(2) Not later than April 30, 2013, the state board of
education shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and, not later than June 30, 2013, shall adopt rules in
accordance with Chapter 119. of the Revised Code that prescribe
the methods by which the performance measures under division
(A)(1) of this section shall be assessed and assigned a letter
grade, including performance benchmarks for each letter grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school
district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (B)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (B)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as from
the most recent school year available.
For calculating the metric prescribed by division (B)(1)(e)
of this section, the department shall use assessment scores for
only those students to whom the district or building has
administered the assessments prescribed by section 3301.0710 of
the Revised Code for each of the two most recent consecutive
school years.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis. Each subgroup shall be a
separate graded measure.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to districts and buildings for purposes of
division (B)(1)(g) of this section. In adopting benchmarks for
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of
this section, the state board shall determine progress made based
on the reduction in the total percentage of students scoring below
grade level, or below proficient, compared from year to year on
the reading and writing diagnostic assessments administered under
section 3301.0715 of the Revised Code and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The state board shall designate for a "C"
grade a value that is not lower than the statewide average value
for this measure. No grade shall be issued under divisions
(B)(1)(g) and (C)(1)(g) of this section for a district or building
in which less than five per cent of students have scored below
grade level on the diagnostic assessment administered to students
in kindergarten under division (B)(1) of section 3313.608 of the
Revised Code.
(2) In addition to the graded measures in division (B)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(b) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
or advanced standing programs, such as the post-secondary
enrollment options program under Chapter 3365. of the Revised Code
and state-approved career-technical courses offered through dual
enrollment or statewide articulation, that appear on a student's
transcript or other official document, either of which is issued
by the institution of higher education from which the student
earned the college credit. The credits earned that are reported
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(c) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with standards adopted under division (F) of section 3345.061 of
the Revised Code;
(d) The percentage of the district's or the building's
students who receive industry credentials. The state board shall
adopt criteria for acceptable industry credentials.
(e) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students
who receive an honors diploma under division (B) of section
3313.61 of the Revised Code.
(3) Not later than December 31, 2013, the state board shall
adopt rules in accordance with Chapter 119. of the Revised Code
that prescribe the methods by which the performance measures under
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed
and assigned a letter grade, including performance benchmarks for
each grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (B)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(4) There shall not be an overall letter grade for a school
district or building for the 2013-2014 school year.
(C)(1) For the 2014-2015 school year and each school year
thereafter, the department shall issue grades as described in
division (E) of this section for each of the following performance
measures and an overall letter grade based on an aggregate of
those measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (C)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (C)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension, or another measure of student academic progress if
adopted by the state board, of a school district or building, for
which the department shall use up to three years of value-added
data as from the most recent school year available.
In adopting benchmarks for assigning letter grades for
overall score on value-added progress dimension under division
(C)(1)(e) of this section, the state board shall prohibit the
assigning of a grade of "A" for that measure unless the district's
or building's grade assigned for value-added progress dimension
for all subgroups under division (C)(1)(f) of this section is a
"B" or higher.
For calculating the metric prescribed by division (C)(1)(e)
of this section, the department shall use assessment scores for
only those students to whom the district or building has
administered the assessments prescribed by section 3301.0710 of
the Revised Code for each of the two most recent consecutive
school years.
For the metric prescribed by division (C)(1)(e) of this
section, the state board may adopt a student academic progress
measure to be used instead of the value-added progress dimension.
If the state board adopts such a measure, it also shall prescribe
a method for assigning letter grades for the new measure that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(f) The value-added progress dimension score of a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis, as determined by a method
prescribed by the state board. Each subgroup shall be a separate
graded measure.
The state board may adopt student academic progress measures
to be used instead of the value-added progress dimension. If the
state board adopts such measures, it also shall prescribe a method
for assigning letter grades for the new measures that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to a district or building for purposes of
division (C)(1)(g) of this section. The state board shall
designate for a "C" grade a value that is not lower than the
statewide average value for this measure. No grade shall be issued
under division (C)(1)(g) of this section for a district or
building in which less than five per cent of students have scored
below grade level on the kindergarten diagnostic assessment under
division (B)(1) of section 3313.608 of the Revised Code.
(2) In addition to the graded measures in division (C)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with the standards adopted under division (F) of section 3345.061
of the Revised Code;
(b) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(c) The number percentage of a district's or building's
students who have earned at least three college credits through
dual enrollment
advanced standing programs, such as the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or
statewide articulation, that appear on a student's college
transcript or other official document, either of which is issued
by the institution of higher education from which the student
earned the college credit. The credits earned that are reported
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(d) The percentage of the district's or building's students
who receive an honor's diploma under division (B) of section
3313.61 of the Revised Code;
(e) The percentage of the district's or building's students
who receive industry credentials;
(f) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations;
(g) The results of the college and career-ready assessments
administered under division (B)(1) of section 3301.0712 of the
Revised Code.
(3) The state board shall adopt rules pursuant to Chapter
119. of the Revised Code that establish a method to assign an
overall grade for a school district or school building for the
2014-2015 school year and each school year thereafter. The rules
shall group the performance measures in divisions (C)(1) and (2)
of this section into the following components:
(a) Gap closing, which shall include the performance measure
in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures
in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in
divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance measure
in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall
include the performance measure in division (C)(1)(g) of this
section;
(f) Prepared for success, which shall include the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of
this section. The state board shall develop a method to determine
a grade for the component in division (C)(3)(f) of this section
using the performance measures in divisions (C)(2)(a), (b), (c),
(d), (e), and (f) of this section. When available, the state board
may incorporate the performance measure under division (C)(2)(g)
of this section into the component under division (C)(3)(f) of
this section. When determining the overall grade for the prepared
for success component prescribed by division (C)(3)(f) of this
section, no individual student shall be counted in more than one
performance measure. However, if a student qualifies for more than
one performance measure in the component, the state board may, in
its method to determine a grade for the component, specify an
additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the state board shall ensure that the
pool of students included in the performance measures aggregated
under that division are all of the students included in the four-
and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this section,
the state board shall adopt a method for determining a grade for
each component in divisions (C)(3)(a) to (f) of this section. The
state board also shall establish a method to assign an overall
grade of "A," "B," "C," "D," or "F" using the grades assigned for
each component. The method the state board adopts for assigning an
overall grade shall give equal weight to the components in
divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods for calculating the overall
grade for the report card, as required by this division, the
department shall conduct a public presentation before the standing
committees of the house of representatives and the senate that
consider education legislation describing the format for the
report card, weights that will be assigned to the components of
the overall grade, and the method for calculating the overall
grade.
(D) Not later than July 1, 2015, the state board shall
develop a measure of student academic progress for high school
students. Beginning with the report card for the 2015-2016 school
year, each school district and applicable school building shall be
assigned a separate letter grade for this measure and the
district's or building's grade for that measure shall be included
in determining the district's or building's overall letter grade.
This measure shall be included within the measure prescribed in
division (C)(3)(c) of this section in the calculation for the
overall letter grade.
(E) The letter grades assigned to a school district or
building under this section shall be as follows:
(1) "A" for a district or school making excellent progress;
(2) "B" for a district or school making above average
progress;
(3) "C" for a district or school making average progress;
(4) "D" for a district or school making below average
progress;
(5) "F" for a district or school failing to meet minimum
progress.
(F) When reporting data on student achievement and progress,
the department shall disaggregate that data according to the
following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
(4) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(6) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are
economically disadvantaged;
(8) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(9) Performance of students grouped by those who are
classified as limited English proficient;
(10) Performance of students grouped by those who have
disabilities;
(11) Performance of students grouped by those who are
classified as migrants;
(12) Performance of students grouped by those who are
identified as gifted in superior cognitive ability and the
specific academic ability fields of reading and math pursuant to
Chapter 3324. of the Revised Code. In disaggregating specific
academic ability fields for gifted students, the department shall
use data for those students with specific academic ability in math
and reading. If any other academic field is assessed, the
department shall also include data for students with specific
academic ability in that field as well.
(13) Performance of students grouped by those who perform in
the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the state board.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(F)(1) to (13) of this section that it deems relevant.
In reporting data pursuant to division (F) of this section,
the department shall not include in the report cards any data
statistical in nature that is statistically unreliable or that
could result in the identification of individual students. For
this purpose, the department shall not report student performance
data for any group identified in division (F) of this section that
contains less than ten students. If the department does not report
student performance data for a group because it contains less than
ten students, the department shall indicate on the report card
that is why data was not reported.
(G) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(H) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(I) Division (I) of this section does not apply to conversion
community schools that primarily enroll students between sixteen
and twenty-two years of age who dropped out of high school or are
at risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
(1) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the report card issued
for the district under this section or section 3302.033 of the
Revised Code.
(2) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of determining the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(3) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors a community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may exercise either or both of the
following elections:
(a) To have data regarding the academic performance of
students enrolled in that community school combined with
comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district's report card;
(b) To have the number of students attending that community
school noted separately on the district's report card.
The election authorized under division (I)(3)(a) of this
section is subject to approval by the governing authority of the
community school.
Any municipal school district that exercises an election to
combine or include data under division (I)(3) of this section, by
the first day of October of each year, shall file with the
department documentation indicating eligibility for that election,
as required by the department.
(J) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(K)(1) In calculating English language arts, mathematics,
social studies, or science assessment passage rates used to
determine school district or building performance under this
section, the department shall include all students taking an
assessment with accommodation or to whom an alternate assessment
is administered pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and annual
measurable objectives for determining adequate yearly progress for
school districts and buildings under this section, the department
shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001," exclude for each district or building any limited English
proficient student who has been enrolled in United States schools
for less than one full school year.
(L) Beginning with the 2015-2016 school year and at least
once every three years thereafter, the state board of education
shall review and may adjust the benchmarks for assigning letter
grades to the performance measures and components prescribed under
divisions (C)(3) and (D) of this section.
Sec. 3302.10. (A) Beginning July 1, 2007, the The
superintendent of public instruction shall establish an academic
distress commission for each school district that meets any one of
the following conditions for three or more consecutive years:
(1) The district has been declared, for three or more
consecutive years, to be in a state of academic emergency under
section 3302.03 of the Revised Code, as that section existed prior
to the effective date of this amendment
March 22, 2013, and has
failed to make adequate yearly progress;
(2) The district has received, for three or more consecutive
years, a grade of "F" for the performance index score and a grade
of "D" or "F" for the value-added progress dimension of section
3302.03 of the Revised Code;
(3) The district has received, for three or more consecutive
years, an overall grade of "F" under division (C)(2) or of section
3302.03 of the Revised Code;
(4) The district has received, for three or more consecutive
years, a grade of "F" for the value-added progress dimension
under division (C)(1)(e) and has received, for the most recent
year, a grade of "F" for the number of performance indicators met
under division (C)(1)(c) of section 3302.03 of the Revised Code;
(4)(5) At least fifty per cent of the schools operated by the
district have received, for three or more consecutive years, an
overall grade of "D" or "F" under division (C)(3) of section
3302.03 of the Revised Code.
Each commission shall assist the district for which it was
established in improving the district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this section, the superintendent of
public instruction shall provide written notification of that fact
to the district board of education and shall request the president
of the district board to submit to the superintendent of public
instruction, in writing, the names of the president's appointees
to the commission. The superintendent of public instruction and
the president of the district board shall make appointments to the
commission within thirty days after the district is notified that
it is subject to this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations relinquishing one or more of the rights
or responsibilities listed in division (C) of section 4117.08 of
the Revised Code, those stipulations are not enforceable and the
district board shall resume holding those rights or
responsibilities as if it had not relinquished them in that
agreement until such time as both the academic distress commission
ceases to exist and the district board agrees to relinquish those
rights or responsibilities in a new collective bargaining
agreement. The provisions of this paragraph apply to a collective
bargaining agreement entered into after September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(L) An academic distress commission shall cease to exist when
the district for which it was established receives a performance
rating of in need of continuous improvement or better, under
section 3302.03 of the Revised Code as that section existed prior
to the effective date of this amendment March 22, 2013, or a grade
of "C" or better for both the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added
progress dimension under division (A)(1)(e), (B)(1)(e), or
(C)(1)(e) of section 3302.03 of the Revised Code for two of the
three prior school years; however, the superintendent of public
instruction may dissolve the commission earlier if the
superintendent determines that the district can perform adequately
without the supervision of the commission. Upon termination of the
commission, the department of education shall compile a final
report of the commission's activities to assist other academic
distress commissions in the conduct of their functions.
Sec. 3310.03. A Subject to section 3310.05 of the Revised
Code, a student is an "eligible student" for purposes of the
educational choice scholarship pilot program if the student's
resident district is not a school district in which the pilot
project scholarship program is operating under sections 3313.974
to 3313.979 of the Revised Code and the student satisfies one of
the conditions in division (A), (B), (C), or (D) of this section:
(A)(1) The student is enrolled in a school building operated
by the student's resident district that, on the report card issued
under section 3302.03 of the Revised Code published prior to the
first day of July of the school year for which a scholarship is
sought, did not receive a rating as described in division (H) of
this section, and to which any or a combination of any of the
following apply for two of the three most recent report cards
published prior to the first day of July of the school year for
which a scholarship is sought:
(a) The building was declared to be in a state of academic
emergency or academic watch under section 3302.03 of the Revised
Code as that section existed prior to March 22, 2013.
(b) The building received a grade of "D" or "F" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014
school year, or both; or if the building serves only grades ten
through twelve, the building received a grade of "D" or "F" for
the performance index score under division (A)(1)(b) or (B)(1)(b)
of section 3302.03 of the Revised Code and had a four-year
adjusted cohort graduation rate of less than seventy-five per
cent.
(c) The building received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(2) The student will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, will be at
least five years of age by the first day of January of the school
year for which a scholarship is sought, and otherwise would be
assigned under section 3319.01 of the Revised Code in the school
year for which a scholarship is sought, to a school building
described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building operated by
the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(1) of this section in
the school year for which the scholarship is sought.
(5) The student will be both enrolling in any of grades
kindergarten through twelve in this state for the first time and
at least five years of age by the first day of January of the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in the student's grade
level is automatically assigned to a particular school building;
(b) In the most recent rating published prior to the first
day of July of the school year for which scholarship is sought,
the district did not receive a rating described in division (H) of
this section, and in at least two of the three most recent report
cards published prior to the first day of July of that school
year, any or a combination of the following apply to the district:
(i) The district was declared to be in a state of academic
emergency under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(ii) The district received a grade of "D" or "F" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014
school year, or both.
(c) The district received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(6) Beginning in the 2016-2017 school year, the student is
enrolled in or will be enrolling in a building in the school year
for which the scholarship is sought that serves any of grades nine
through twelve and that received a grade of "D" or "F" for the
four-year adjusted cohort graduation rate under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the
Revised Code in two of the three most recent report cards
published prior to the first day of July of the school year for
which a scholarship is sought.
(B)(1) The student is enrolled in a school building operated
by the student's resident district and to which both of the
following apply:
(a) The building was ranked, for at least two of the three
most recent rankings published under section 3302.21 of the
Revised Code prior to the first day of July of the school year for
which a scholarship is sought, in the lowest ten per cent of all
public school buildings according to performance index score under
section 3302.21 of the Revised Code.
(b) The building was not declared to be excellent or
effective, or the equivalent of such ratings as determined by the
department of education, under section 3302.03 of the Revised Code
in the most recent rating published prior to the first day of July
of the school year for which a scholarship is sought.
(2) The student will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, will be at
least five years of age, as defined in section 3321.01 of the
Revised Code, by the first day of January of the school year for
which a scholarship is sought, and otherwise would be assigned
under section 3319.01 of the Revised Code in the school year for
which a scholarship is sought, to a school building described in
division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building operated by
the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (B)(1) of this section in
the school year for which the scholarship is sought.
(C) The student is enrolled in a nonpublic school at the time
the school is granted a charter by the state board of education
under section 3301.16 of the Revised Code and the student meets
the standards of division (B) of section 3310.031 of the Revised
Code.
(D) For the 2016-2017 school year and each school year
thereafter, the student is in any of grades kindergarten through
three, is enrolled in a school building that is operated by the
student's resident district or will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, and to which
both of the following apply:
(1) The building, in at least two of the three most recent
ratings of school buildings published prior to the first day of
July of the school year for which a scholarship is sought,
received a grade of "D" or "F" for making progress in improving
literacy in grades kindergarten through three under division
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;
(2) The building did not receive a grade of "A" for making
progress in improving literacy in grades kindergarten through
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of
the Revised Code in the most recent rating published prior to the
first day of July of the school year for which a scholarship is
sought.
(E) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1), (B)(1), or (D) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(F)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section.
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (B)(1) of this section.
(3) The department shall cease awarding first-time
scholarships pursuant to division (D) of this section with respect
to a school building that, in the most recent ratings of school
buildings under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (D) of this section.
(4) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(E) of this section.
(G) The state board of education shall adopt rules defining
excused absences for purposes of division (E)(3) of this section.
(H)(1) A student who satisfies only the conditions prescribed
in divisions (A)(1) to (4) of this section shall not be eligible
for a scholarship if the student's resident building meets any of
the following in the most recent rating under section 3302.03 of
the Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The building has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(b) For the 2012-2013 or 2013-2014 school year or both, the
building has a grade of "A" or "B" for the performance index score
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the
Revised Code and for the value-added progress dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve,
the building received a grade of "A" or "B" for the performance
index score under division (A)(1)(b) or (B)(1)(b) of section
3302.03 of the Revised Code and had a four-year adjusted cohort
graduation rate of greater than or equal to seventy-five per cent.
(c) For the 2014-2015 school year or any school year
thereafter, the building has a grade of "A" or "B" under division
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"
for the value-added progress dimension under division (C)(1)(e) of
section 3302.03 of the Revised Code; or if the building serves
only grades ten through twelve, the building received a grade of
"A" or "B" for the performance index score under division
(C)(1)(b) of section 3302.03 of the Revised Code and had a
four-year adjusted cohort graduation rate of greater than or equal
to seventy-five per cent.
(2) A student who satisfies only the conditions prescribed in
division (A)(5) of this section shall not be eligible for a
scholarship if the student's resident district meets any of the
following in the most recent rating under section 3302.03 of the
Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The district has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(b) The district has a grade of "A" or "B" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 and
2013-2014 school years.
(c) The district has an overall grade of "A" or "B" under
division (C)(3) of section 3302.03 of the Revised Code and a grade
of "A" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
Sec. 3310.031. (A) The state board of education shall adopt
rules under section 3310.17 of the Revised Code establishing
procedures for granting educational choice scholarships to
eligible students attending a nonpublic school at the time the
state board grants the school a charter under section 3301.16 of
the Revised Code. The procedures shall include at least the
following:
(1) Provisions for extending the application period for
scholarships for the following school year, if necessary due to
the timing of the award of the nonpublic school's charter, in
order for students enrolled in the school at the time the charter
is granted to apply for scholarships for the following school
year;
(2) Provisions for notifying the resident districts of the
nonpublic school's students that the nonpublic school has been
granted a charter and that educational choice scholarships may be
awarded to the school's students for the following school year.
(B) A student who is enrolled in a nonpublic school at the
time the school's charter is granted is an eligible student if any
of the following applies:
(1) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district or in
a community school established under Chapter 3314. of the Revised
Code and, for the current or following school year, the student
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) or (B)(1)
of section 3310.03 of the Revised Code.
(2) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district and,
for the current or following school year, the student otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(6) of section 3310.03 of
the Revised Code.
(3) The student was not enrolled in any public or other
nonpublic school before the student enrolled in the nonpublic
school and, for the current or following school year, otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(1) or (6) or (B)(1) of
section 3310.03 of the Revised Code.
(3)(4) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district and,
during that school year, the building met the conditions described
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the
Revised Code.
(4)(5) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
community school established under Chapter 3314. of the Revised
Code but otherwise would have been assigned under section 3319.01
of the Revised Code to a school building that, during that school
year, met the conditions described in division (A)(1) or (B)(1) of
section 3310.03 of the Revised Code.
Sec. 3310.032. (A) A Subject to section 3310.05 of the
Revised Code, a student is an "eligible student" for purposes of
the expansion of the educational choice scholarship pilot program
under this section if the student's resident district is not a
school district in which the pilot project scholarship program is
operating under sections 3313.974 to 3313.979 of the Revised Code,
the student is not eligible for an educational choice scholarship
under section 3310.03 of the Revised Code, and the student's
family income is at or below two hundred per cent of the federal
poverty guidelines, as defined in section 5101.46 of the Revised
Code.
(B) In each fiscal year for which the general assembly
appropriates funds for purposes of this section, the department of
education shall pay scholarships to attend chartered nonpublic
schools in accordance with section 3310.08 of the Revised Code.
The number of scholarships awarded under this section shall not
exceed the number that can be funded with appropriations made by
the general assembly for this purpose.
(C) Scholarships under this section shall be awarded as
follows:
(1) For the 2013-2014 school year, to eligible students who
are entering kindergarten in that school year for the first time;
(2) For each subsequent school year, scholarships shall be
awarded to eligible students in the next grade level above the
highest grade level awarded in the preceding school year, in
addition to the grade levels for which students received
scholarships in the preceding school year.
(D) If the number of eligible students who apply for a
scholarship under this section exceeds the scholarships available
based on the appropriation for this section, the department shall
award scholarships in the following order of priority:
(1) First, to eligible students who received scholarships
under this section in the prior school year;
(2) Second, to eligible students with family incomes at or
below one hundred per cent of the federal poverty guidelines. If
the number of students described in division (D)(2) of this
section who apply for a scholarship exceeds the number of
available scholarships after awards are made under division (D)(1)
of this section, the department shall select students described in
division (D)(2) of this section by lot to receive any remaining
scholarships.
(3) Third, to other eligible students who qualify under this
section. If the number of students described in division (D)(3) of
this section exceeds the number of available scholarships after
awards are made under divisions (D)(1) and (2) of this section,
the department shall select students described in division (D)(3)
of this section by lot to receive any remaining scholarships.
(E) Subject to divisions (E)(1) to (3) of this section, a
student who receives a scholarship under this section remains an
eligible student and may continue to receive scholarships under
this section in subsequent school years until the student
completes grade twelve, so long as the student satisfies the
conditions specified in divisions (E)(2) and (3) of section
3310.03 of the Revised Code.
Once a scholarship is awarded under this section, the student
shall remain eligible for that scholarship for the current school
year and subsequent school years even if the student's family
income rises above the amount specified in division (A) of this
section, provided the student remains enrolled in a chartered
nonpublic school, however:
(1) If the student's family income is above two hundred per
cent but at or below three hundred per cent of the federal poverty
guidelines, the student shall receive a scholarship in the amount
of seventy-five per cent of the full scholarship amount.
(2) If the student's family income is above three hundred per
cent but at or below four hundred per cent of the federal poverty
guidelines, the student shall receive a scholarship in the amount
of fifty per cent of the full scholarship amount.
(3) If the student's family income is above four hundred per
cent of the federal poverty guidelines, the student is no longer
eligible to receive an educational choice scholarship.
Sec. 3310.05. A student entitled to attend school in a school
district in which the pilot project scholarship program is
operating under sections 3313.974 to 3313.979 of the Revised Code
may be eligible for the educational choice scholarship pilot
program established under sections 3310.01 to 3310.17 of the
Revised Code only if the number of applicants for the pilot
project scholarship program exceeds the number of available
scholarships under that program.
Sec. 3311.24. (A)(1) Except as provided in division (B) of
this section, the board of education of a city, exempted village,
or local school district shall file with the state board of
education a proposal to transfer territory from such district to
an adjoining city, exempted village, or local school district in
any of the following circumstances:
(a) The district board deems the transfer advisable and, if
the portion of the district proposed to be transferred is five
acres or more, the board has obtained written consent to the
transfer from seventy-five per cent of the owners of parcels of
real property on the tax duplicate within that portion of the
district;
(b) A petition, signed by seventy-five per cent of the
qualified electors residing within that portion of a city,
exempted village, or local school district proposed to be
transferred voting at the last general election, requests such a
transfer;
(c) If no qualified electors reside in that portion of the
district proposed to be transferred, a petition, signed by
seventy-five per cent of the owners of parcels of real property on
the tax duplicate within that portion of the district, requests
such a transfer.
(2) The board of education of the district in which such
proposal originates shall file such proposal, together with a map
showing the boundaries of the territory proposed to be
transferred, with the state board of education prior to the first
day of April in any even-numbered year. The state board of
education may, if it is advisable, provide for a hearing in any
suitable place in any of the school districts affected by such
proposed transfer of territory. The state board of education or
its representatives shall preside at any such hearing.
(3) A board of education of a city, exempted village, or
local school district that receives a petition of transfer signed
by electors of the district under division (A)(1)(b) of this
section shall cause the board of elections to check the
sufficiency of signatures on the petition. A board of education of
a city, exempted village, or local school district that receives
written consent or a petition of transfer signed by owners of
parcels of real property under division (A)(1)(a) or (c) of this
section shall cause the county auditor to check the sufficiency of
signatures on the consent or petition.
(4) Not later than the first day of September the state board
of education shall either approve or disapprove a proposed
transfer of territory filed with it as provided by this section
and shall notify, in writing, the boards of education of the
districts affected by such proposed transfer of territory of its
decision.
If the decision of the state board of education is an
approval of the proposed transfer of territory then the board of
education of the district in which the territory is located shall,
within thirty days after receiving the state board of education's
decision, adopt a resolution transferring the territory and shall
forthwith submit a copy of such resolution to the treasurer of the
board of education of the city, exempted village, or local school
district to which the territory is transferred. Such transfer
shall not be complete however, until:
(a) A resolution accepting the transfer has been passed by a
majority vote of the full membership of the board of education of
the city, exempted village, or local school district to which the
territory is transferred;
(b) An Subject to section 3311.241 of the Revised Code, if
applicable, an equitable division of the funds and indebtedness
between the districts involved has been made by the board of
education making the transfer;
(c) A map showing the boundaries of the territory transferred
has been filed, by the board of education accepting the transfer,
with the county auditor of each county affected by the transfer.
When such transfer is complete the legal title of the school
property in the territory transferred shall be vested in the board
of education or governing board of the school district to which
the territory is transferred.
(B) Whenever the transfer of territory pursuant to this
section is initiated by a board of education, the board shall,
before filing a proposal for transfer with the state board of
education under this section, make a good faith effort to
negotiate the terms of transfer with any other school district
whose territory would be affected by the transfer. Before the
state board may hold a hearing on the transfer, or approve or
disapprove any such transfer, it must receive the following:
(1) A resolution requesting approval of the transfer passed
by the school district submitting the proposal and, if applicable,
evidence of the consent of affected property owners to the
transfer;
(2) Evidence determined to be sufficient by the state board
to show that good faith negotiations have taken place or that the
district requesting the transfer has made a good faith effort to
hold such negotiations;
(3) If any negotiations took place, a statement signed by all
boards that participated in the negotiations, listing the terms
agreed on and the points on which no agreement could be reached.
Negotiations held pursuant to this section shall be governed
by the rules adopted by the state board under division (D) of
section 3311.06 of the Revised Code. Districts involved in a
transfer under division (B) of this section may agree to share
revenues from the property included in the territory to be
transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
Sec. 3311.241. (A) In the case of a voluntary transfer of
the territory of a school district in accordance with section
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised
Code, and where the transfer results in the complete consolidation
and dissolution of the transferring district, the net indebtedness
owed to the solvency assistance fund created under section 3316.20
of the Revised Code by the transferring district shall be
canceled, provided that all of the following conditions are
satisfied:
(1) The amount owed by the transferring district to the
solvency assistance fund is greater than or equal to thirty-three
per cent of the transferring school district's operating budget
for the current fiscal year, but does not exceed ten million
dollars.
(2) The transferring district has remained in a state of
fiscal emergency pursuant to section 3316.03 of the Revised Code
during the previous two fiscal years.
(3) The acquiring district is in the same county or in a
county contiguous to the county in which the transferring district
is located.
(4) The acquiring district has voluntarily accepted the
transfer.
(5) The acquiring district has submitted to the state board
of education a five-year written projection of solvency which
takes into account the fiscal effects of acquiring the
transferring district.
(B) If the conditions in division (A) of this section are
satisfied, the acquiring district shall acquire the transferring
district's territory free and clear of any amount owed by the
transferring district to the solvency assistance fund. However,
the acquiring district shall assume the obligations of all other
liens, encumbrances, and debts of the transferring district.
(C) Upon the making of a transfer pursuant to this section,
the board of education of the transferring district is thereby
abolished, and the district is thereby dissolved.
(D) The director of budget and management may transfer any
available moneys from the general revenue fund, appropriated for
operating payments to schools, into the solvency assistance fund
to replace the amount owed by a transferring school district
forgone under division (A) of this section.
Sec. 3311.38. The state board of education may conduct, or
may direct the superintendent of public instruction to conduct,
studies where there is evidence of need for transfer of local,
exempted village, or city school districts, or parts of any such
districts, to contiguous or noncontiguous local, exempted village,
or city school districts. Such studies shall include a study of
the effect of any proposal upon any portion of a school district
remaining after such proposed transfer. The state board, in
conducting such studies and in making recommendations as a result
thereof, shall consider the possibility of improving school
district organization as well as the desires of the residents of
the school districts which would be affected.
(A) After the adoption of recommendations growing out of any
such study, or upon receipt of a resolution adopted by majority
vote of the full membership of the board of any city, local, or
exempted village school district requesting that the entire
district be transferred to another city, local, or exempted
village school district, the state board may propose by resolution
the transfer of territory, which may consist of part or all of the
territory of a local, exempted village, or city school district to
a contiguous local, exempted village, or city school district.
The state board shall thereupon file a copy of such proposal
with the board of education of each school district whose
boundaries would be altered by the proposal and with the governing
board of any educational service center in which such school
district is located.
The state board may, not less than thirty days following the
adoption of the resolution proposing the transfer of territory,
certify the proposal to the board of elections of the county or
counties in which any of the territory of the proposed district is
located, for the purpose of having the proposal placed on the
ballot at the next general election or at a primary election
occurring not less than ninety days after the adoption of such
resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the state
board, the proposal of the state board shall not be placed on the
ballot while the previously initiated proposal is subject to an
election.
Upon certification of a proposal to the board of elections of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, containing territory proposed to be transferred.
If the proposed transfer be approved by a majority of the
electors voting on the proposal, the state board, subject to the
approval of the board of education of the district to which the
territory would be transferred, shall make such transfer prior to
the next succeeding July 1.
(B) If a study conducted in accordance with this section
involves a school district with less than four thousand dollars of
assessed value for each pupil in the total student count
determined under section 3317.03 of the Revised Code, the state
board of education, with the approval of the educational service
center governing board, and upon recommendation by the state
superintendent of public instruction, may by resolution transfer
all or any part of such a school district to any city, exempted
village, or local school district which has more than twenty-five
thousand pupils in average daily membership. Such resolution of
transfer shall be adopted only after the board of education of the
receiving school district has adopted a resolution approving the
proposed transfer. For the purposes of this division, the assessed
value shall be as certified in accordance with section 3317.021 of
the Revised Code.
(C) Upon Subject to section 3311.241 of the Revised Code, if
applicable, upon the making of a transfer of an entire school
district pursuant to this section, the indebtedness of the
district transferred shall be assumed in full by the acquiring
district and the funds of the district transferred shall be paid
over in full to the acquiring district.
(D) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the net indebtedness
of each original district of which only a part is taken by the
acquiring district shall be apportioned between the acquiring
district and the original district in the ratio which the assessed
valuation of the part taken by the acquiring district bears to the
assessed valuation of the original district as of the effective
date of the transfer. As used in this section "net indebtedness"
means the difference between the par value of the outstanding and
unpaid bonds and notes of the school district and the amount held
in the sinking fund and other indebtedness retirement funds for
their redemption.
(E) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the funds of the
district from which territory was transferred shall be divided
equitably by the state board between the acquiring district and
that part of the former district remaining after the transfer.
(F) If an entire school district is transferred, the board of
education of such district is thereby abolished. If part of a
school district is transferred, any member of the board of
education who is a legal resident of that part which is
transferred shall thereby cease to be a member of that board.
If an entire school district is transferred, foundation
program moneys accruing to a district accepting school territory
under the provisions of this section shall not be less, in any
year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer became effective.
Sec. 3311.86. (A) As used in this section:
(1) "Alliance" means a municipal school district
transformation alliance established as a nonprofit corporation.
(2) "Alliance municipal school district" means a municipal
school district for which an alliance has been created under this
section.
(3) "Partnering community school" means a community school
established under Chapter 3314. of the Revised Code that is
located within the territory of a municipal school district and
that either is sponsored by the district or is a party to an
agreement with the district whereby the district and the community
school endorse each other's programs.
(4) "Transformation alliance education plan" means a plan
prepared by the mayor, and confirmed by the alliance, to transform
public education in the alliance municipal school district to a
system of municipal school district schools and partnering
community schools that will be held to the highest standards of
school performance and student achievement.
(B) If one or more partnering community schools are located
in a municipal school district, the mayor may initiate proceedings
to establish a municipal school district transformation alliance
as a nonprofit corporation under Chapter 1702. of the Revised
Code. The mayor shall have sole authority to appoint the directors
of any alliance created under this section. The directors of the
alliance shall include representatives of all of the following:
(1) The municipal school district;
(2) Partnering community schools;
(3) Members of the community at large, including parents and
educators;
(4) The business community, including business leaders and
foundation leaders.
No one group listed in divisions (B)(1) to (4) of this
section shall comprise a majority of the directors. The mayor
shall be an ex officio director, and serve as the chairperson of
the board of directors, of any alliance created under this
section. If the proceedings are initiated, the mayor shall
identify the directors in the articles of incorporation filed
under section 1702.04 of the Revised Code.
(C)(1) A majority of the members of the board of directors of
the alliance shall constitute a quorum of the board. Any formal
action taken by the board of directors shall take place at a
meeting of the board and shall require the concurrence of a
majority of the members of the board. Meetings of the board of
directors shall be public meetings open to the public at all
times, except that the board and its committees and subcommittees
may hold an executive session, as if it were a public body with
public employees, for any of the purposes for which an executive
session of a public body is permitted under division (G) of
section 121.22 of the Revised Code, notwithstanding that the
alliance is not a public body as defined in that section, and its
employees are not public employees as provided in division (F) of
this section. The board of directors shall establish reasonable
methods whereby any person may determine the time and place of all
of the board's public meetings and by which any person, upon
request, may obtain reasonable advance notification of the board's
public meetings. Provisions for that advance notification may
include, but are not limited to, mailing notices to all
subscribers on a mailing list or mailing notices in
self-addressed, stamped envelopes provided by the person.
(2) All records of the alliance shall be organized and
maintained by the alliance and also filed with the department of
education. The alliance and the department shall make those
records available to the public as though those records were
public records for purposes of Chapter 149. of the Revised Code.
The department shall promptly notify the alliance upon the
department's receipt of any requests for records relating to the
alliance pursuant to section 149.43 of the Revised Code.
(3) The board of directors of the alliance shall establish a
conflicts of interest policy and shall adopt that policy, and any
amendments to the policy, at a meeting of the board held in
accordance with this section.
(D) If an alliance is created under this section, the
alliance shall do all of the following:
(1) Report annually on the performance of all municipal
school district schools and all community schools established
under Chapter 3314. of the Revised Code and located in the
district, using the criteria adopted under division (B) of section
3311.87 of the Revised Code;
(2) Confirm and monitor implementation of the transformation
alliance education plan;
(3) Suggest national education models for and provide input
in the development of new municipal school district schools and
partnering community schools.
(E) Divisions (E)(1) to (3) of this section apply to each
community school sponsor that is subject to approval by the
department of education under section 3314.015 of the Revised Code
whose approval under that section is granted or renewed on or
after October 1, 2012. Divisions (E)(1) to (3) of this section do
not apply to a sponsor that has been approved by the department
prior to that date, until the sponsor's approval is renewed or
granted anew on or after that date.
(1) Before a sponsor to which this section applies may
sponsor new community schools in an alliance municipal school
district, the sponsor shall request recommendation from the
alliance to sponsor community schools in the district.
(2) The alliance shall review the sponsor's application and
shall make a recommendation based on the standards for sponsors
developed under division (A)(2) of section 3311.87 of the Revised
Code.
(3) The department shall use the standards developed under
division (A)(2) of section 3311.87 of the Revised Code, in
addition to any other requirements of the Revised Code, to review
a sponsor's request and make a final determination, on
recommendation of the alliance, of whether the sponsor may sponsor
new community schools in the alliance municipal school district
The alliance may recommend to the department of education the
capacity and ability of the following entities to sponsor
community schools in the alliance school district as follows:
(1) An entity that initially applies to sponsor community
schools in an alliance municipal school district. The department
shall notify the alliance within ten days after receiving any such
initial application.
(2) An entity already approved by the department to sponsor
community schools outside of the alliance municipal school
district. The entity may not sponsor a school in the alliance
school district until it receives approval from the department.
The entity shall request approval from the department not less
than twelve months prior to entering into a contract under section
3314.03 of the Revised Code. The department shall notify the
alliance within ten days after receiving any such application.
(3) An entity that sponsors community schools in the alliance
municipal school district on the effective date of this section.
If an alliance so chooses to evaluate such entities for
recommendation, the department shall establish a schedule by which
the alliance recommends the capacity and ability of such sponsors.
The schedule shall prescribe that all recommendations be completed
not later than December 31, 2017.
Division (E) of this section does not apply to any entity
that sponsors community schools and that is exempted under section
3314.021 or 3314.027 of the Revised Code from the requirement to
be approved for sponsorship under divisions (A)(2) and (B)(1) of
section 3314.015 of the Revised Code.
No sponsor shall be required to receive authorization to
sponsor new community schools under division (E)(3) of this
section more than one time.
(F) Directors, officers, and employees of an alliance are not
public employees or public officials, are not subject to Chapters
124., 145., and 4117. of the Revised Code, and are not "public
officials" or "public servants" as defined in section 2921.01 of
the Revised Code. Membership on the board of directors of an
alliance does not constitute the holding of an incompatible public
office or employment in violation of any statutory or common law
prohibition against the simultaneous holding of more than one
public office or employment. Members of the board of directors of
an alliance are not disqualified from holding any public office by
reason of that membership, and do not forfeit by reason of that
membership the public office or employment held when appointed to
the board, notwithstanding any contrary disqualification or
forfeiture requirement under the Revised Code or the common law of
this state.
(G) The authority to establish an alliance under this section
expires on January 1, 2018. Any alliance established under this
section is terminated, and any related authority granted to the
alliance under this section expires on that date.
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, a building, to reduce energy
consumption. It includes:
(1) Insulation of the building structure and systems within
the building;
(2) Storm windows and doors, multiglazed windows and doors,
heat absorbing or heat reflective glazed and coated window and
door systems, additional glazing, reductions in glass area, and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation measure.
(B) A board of education of a city, exempted village, local,
or joint vocational school district may enter into an installment
payment contract for the purchase and installation of energy
conservation measures. The provisions of such installment payment
contracts dealing with interest charges and financing terms shall
not be subject to the competitive bidding requirements of section
3313.46 of the Revised Code, and shall be on the following terms:
(1) Not less than one-fifteenth of the costs thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be paid
within fifteen years from the date of purchase.
The provisions of any installment payment contract entered
into pursuant to this section shall provide that all payments,
except payments for repairs and obligations on termination of the
contract prior to its expiration, be stated as a percentage of
shall not exceed the calculated energy, water, or waste water cost
savings, avoided operating costs, and avoided capital costs
attributable to the one or more measures over a defined period of
time. Those payments shall be made only to the extent that the
savings described in this division actually occur. The contractor
shall warrant and guarantee that the energy conservation measures
shall realize guaranteed savings and shall be responsible to pay
an amount equal to any savings shortfall.
An installment payment contract entered into by a board of
education under this section shall require the board to contract
in accordance with division (A) of section 3313.46 of the Revised
Code for the installation, modification, or remodeling of energy
conservation measures unless division (A) of section 3313.46 of
the Revised Code does not apply pursuant to division (B)(3) of
that section, in which case the contract shall be awarded through
a competitive selection process pursuant to rules adopted by the
school facilities commission.
An installment payment contract entered into by a board of
education under this section may include services for measurement
and verification of energy savings associated with the guarantee.
The annual cost of measurement and verification services shall not
exceed ten per cent of the guaranteed savings in any year of the
installment payment contract.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing
the notes, the board may provide, without the vote of the electors
of the district, for annually levying and collecting taxes in
amounts sufficient to pay the interest on and retire the notes,
except that the total net indebtedness of the district without a
vote of the electors incurred under this and all other sections of
the Revised Code, except section 3318.052 of the Revised Code,
shall not exceed one per cent of the district's tax valuation.
Revenues derived from local taxes or otherwise, for the purpose of
conserving energy or for defraying the current operating expenses
of the district, may be applied to the payment of interest and the
retirement of such notes. The notes may be sold at private sale or
given to the contractor under the installment payment contract
authorized by division (B) of this section.
(D) Debt incurred under this section shall not be included in
the calculation of the net indebtedness of a school district under
section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it
first obtains a report of the costs of the energy conservation
measures and the savings thereof as described under division (G)
of section 133.06 of the Revised Code as a requirement for issuing
energy securities, makes a finding that the amount spent on such
measures is not likely to exceed the amount of money it would save
in energy costs and resultant operational and maintenance costs as
described in that division, except that that finding shall cover
the ensuing fifteen years, and the Ohio school facilities
commission determines that the district board's findings are
reasonable and approves the contract as described in that
division.
The district board shall monitor the savings and maintain a
report of those savings, which shall be submitted to the
commission in the same manner as required by division (G) of
section 133.06 of the Revised Code in the case of energy
securities.
Sec. 3313.537. (A) As used in this section, "extracurricular
activity" means a pupil activity program that a school or school
district operates and is not included in the school district's
graded course of study, including an interscholastic
extracurricular activity that a school or school district sponsors
or participates in and that has participants from more than one
school or school district.
(B)(1) A student in grades seven to twelve who is enrolled in
a community school established under Chapter 3314. of the Revised
Code that is sponsored by the city, local, or exempted village
school district in which the student is entitled to attend school
pursuant to section 3313.64 or 3313.65 of the Revised Code shall
be afforded the opportunity to participate in any extracurricular
activities offered at the traditional public school that is
operated by the school district and to which the student otherwise
would be assigned. If more than one such school operated by the
school district serves the student's grade level, the student
shall be afforded the opportunity to participate in any
extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code.
(2) A student who is enrolled in or in a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code shall not be prohibited from
participating in any extracurricular activities offered at the
traditional public school that is operated by the school district
in which the student is entitled to attend school pursuant to
section 3313.64 or 3313.65 of the Revised Code and to which the
student otherwise would be assigned. If more than one such school
operated by the school district serves the student's grade level,
the student shall be afforded the opportunity to participate in
any extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code be afforded, by the
superintendent of the school district in which the student is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code, the opportunity to participate in that
extracurricular activity at the district school to which the
student otherwise would be assigned during that school year. If
more than one school operated by the school district serves the
student's grade level, as determined by the district
superintendent based on the student's age and academic
performance, the student shall be afforded the opportunity to
participate in that extracurricular activity at the school to
which the student would be assigned by the superintendent under
section 3319.01 of the Revised Code.
(2) The superintendent of any school district may afford any
student enrolled in community school or science, technology,
engineering, and mathematics school, and who is not entitled to
attend school in the district under section 3313.64 or 3313.65 of
the Revised Code, the opportunity to participate in an
extracurricular activity offered by a school of the district, if
both of the following apply:
(a) The school in which the student is enrolled does not
offer the extracurricular activity.
(b) The extracurricular activity is not interscholastic
athletics or interscholastic contests or competition in music,
drama, or forensics.
(C) In order to participate in any extracurricular activity
under this section, the student shall be of the appropriate age
and grade level, as determined by the superintendent of the
district, for the school that offers the extracurricular activity,
and shall fulfill the same academic, nonacademic, and financial
requirements as any other participant, including the rules and
policies adopted by the school district under section 3313.535 of
the Revised Code. The school district board of education may
require a community school student to enroll and participate in no
more than one academic course at the school offering the
extracurricular activity as a condition to participating in the
activity. In that case, the board shall admit students seeking to
enroll in an academic course to fulfill the requirement as space
allows after first enrolling students assigned to that school.
(D) No school district board of education shall take any
action contrary to the provisions of this section.
(E) No school or school district shall impose additional
rules on a student to participate under this section that do not
apply to other students participating in the same extracurricular
activity. No school or school district shall impose fees for a
student to participate under this section that exceed any fees
charged to other students participating in the same
extracurricular activity.
(F) No school district, interscholastic conference, or
organization that regulates interscholastic conferences or events
shall require a student who is eligible to participate in
extracurricular activities under this section to meet eligibility
requirements that conflict with this section.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
(8) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(7) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(8) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
across the curriculum in order to maximize efficiency, enhance
learning, and prepare students for success in the
technology-driven twenty-first century. Districts and schools
shall use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall utilize technology access and electronic
learning opportunities provided by the broadcast educational media
commission, chancellor, the Ohio learning network, education
technology centers, public television stations, and other public
and private providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career a student success plan for
the student in the manner described in division (C)(1) of section
3313.6020 of the Revised Code that specifies the student
matriculating to a two-year degree program, acquiring a business
and industry credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014. The
department shall submit its findings and any recommendations not
later than August 1, 2014, to the speaker and minority leader of
the house of representatives, the president and minority leader of
the senate, the chairpersons and ranking minority members of the
standing committees of the house of representatives and the senate
that consider education legislation, the state board of education,
and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum prescribed in division (C) of
this section. The department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the
program applies for the waiver, if the program meets all of the
following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board under division
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)
of that section.
(4) The program develops an individual career a student
success plan for the student in the manner described in division
(C)(1) of section 3313.6020 of the Revised Code that specifies the
student's matriculating to a two-year degree program, acquiring a
business and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
(8) Prior to receiving the waiver, the program has submitted
to the department a policy on career advising that satisfies the
requirements of section 3313.6020 of the Revised Code, with an
emphasis on how every student will receive career advising.
(9) Prior to receiving the waiver, the program has submitted
to the department a written agreement outlining the future
cooperation between the program and any combination of local job
training, postsecondary education, nonprofit, and health and
social service organizations to provide services for students in
the program and their families.
Divisions (F)(8) and (9) of this section apply only to
waivers granted on or after July 1, 2016.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district and community
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(8) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(8) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
(M) It is important that high school students learn and
understand United States history and the governments of both the
United States and the state of Ohio. Therefore, beginning with
students who enter ninth grade for the first time on or after July
1, 2012, the study of American history and American government
required by divisions (B)(6) and (C)(6) of this section shall
include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on
the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions
(M)(1) to (4) of this section shall include study of that document
in its original context.
The study of American history and government required by
divisions (B)(6) and (C)(6) of this section shall include the
historical evidence of the role of documents such as the
Federalist Papers and the Anti-Federalist Papers to firmly
establish the historical background leading to the establishment
of the provisions of the Constitution and Bill of Rights.
Sec. 3313.6013. (A) As used in this section, "dual enrollment
advanced standing program" means a program that enables a student
to earn credit toward a degree from an institution of higher
education while enrolled in high school or that enables a student
to complete coursework while enrolled in high school that may earn
credit toward a degree from an institution of higher education
upon the student's attainment of a specified score on an
examination covering the coursework. Dual enrollment Advanced
standing programs may include any of the following:
(1) The post-secondary enrollment options college credit plus
program established under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) Any similar program established pursuant to an agreement
between a school district or chartered nonpublic high school and
an institution of higher education International baccalaureate
diploma courses;
(4) Early college high schools school programs.
(B) Each city, local, exempted village, and joint vocational
school district and each chartered nonpublic high school shall
provide students enrolled in grades nine through twelve with the
opportunity to participate in a dual enrollment an advanced
standing program. For this purpose, each school district and
chartered nonpublic high school shall offer at least one dual
enrollment advanced standing program in accordance with division
(B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets
the requirements of this division through its mandatory
participation in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code. However, a city, local, or exempted village school district
may offer any other dual enrollment advanced standing program, in
addition to the post-secondary enrollment options college credit
plus program, and each joint vocational school district shall
offer at least one other dual enrollment advanced standing
program, to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(2) A chartered nonpublic high school that elects to
participate in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code meets the requirements of this division. Each chartered
nonpublic high school that elects not to participate in the
post-secondary enrollment options college credit plus program
instead shall offer at least one other
dual enrollment advanced
standing program to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(C) Each school district and each chartered nonpublic high
school shall provide information about the dual enrollment
advanced standing programs offered by the district or school to
all students enrolled in grades eight through eleven. The district
or school shall include information about all of the following:
(1) The process colleges and universities use in awarding
credit for advanced placement and international baccalaureate
courses and examinations, including minimum scores required by
state institutions of higher education, as defined in section
3345.011 of the Revised Code, for a student to receive college
credit;
(2) The availability of tuition and fee waivers for advanced
placement and international baccalaureate courses and
examinations;
(3) The availability of online advanced placement or
international baccalaureate courses, including those that may be
available at no cost;
(4) The benefits of earning postsecondary credit through
advanced placement or international baccalaureate courses;
(5) The availability of advanced placement or international
baccalaureate courses offered throughout the district.
The district or school may include additional information as
determined appropriate by the district or school.
(D) No Except as provided for in Chapter 3365. of the Revised
Code, no city, local, exempted village, and joint vocational
school district shall charge an enrolled student an additional fee
or tuition for participation in any dual enrollment advanced
standing program offered by the district. Students may be required
to pay the costs associated with taking an advanced placement or
international baccalaureate examination.
(E) Any agreement between a school district or school and an
associated college governing the operation of an early college
high school program shall be subject to the requirements of the
college credit plus program, with the following exceptions:
(1) Any aspect of the agreement that does not relate to the
conferral of transcripted credit, as defined in section 3365.01 of
the Revised Code, shall not be subject to the requirements of the
college credit plus program.
(2) If the early college high school program began operating
prior to July 1, 2014, the agreement shall not be subject to the
requirements of the college credit plus program until the later of
the date on which the existing agreement expires or July 1, 2015.
(3) If the district, school, or associated college operating
the early college high school program was granted an award under
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly
for the 2014-2015 school year, as the lead applicant on the grant
or as part of a consortium, for a project involving the
establishment or expansion of an early college high school, the
agreement shall not be subject to the requirements of the college
credit plus program during the period of time for which the
project is funded by the grant award under that section.
The college credit plus program shall not govern any advanced
placement course or international baccalaureate diploma course as
described under this section.
(F) As used in this section:
(1) "Associated college" means a public or private college,
as defined in section 3365.01 of the Revised Code, which has
entered into an agreement with a school district or school to
establish an early college high school program, as described in
division (F)(2) of this section, and awards transcripted credit,
as defined in section 3365.01 of the Revised Code, to students
through that program.
(2) "Early college high school program" means a program
operated by a school district or school and an associated college
that provides a personalized learning plan, which is based on
accelerated curriculum and includes both high school and
college-level coursework, and enables the following students to
earn a high school diploma and an associate degree, or the
equivalent number of transcripted credits, upon successful
completion of the program:
(a) Students who are underrepresented in regard to completing
post-secondary education;
(b) Students who are economically disadvantaged, as defined
by the department of education;
(c) Students whose parents did not earn a college degree.
Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,
the department of education shall administer a pilot program
requiring daily physical activity for students. Any school
district; community school established under Chapter 3314. of the
Revised Code; science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code; or
chartered nonpublic school annually may elect to participate in
the pilot program by notifying the department of its interest by a
date established by the department. If a school district elects to
participate in the pilot program, the district shall select one or
more school buildings to participate in the program. To the
maximum extent possible, the department shall seek to include in
the pilot program districts and schools that are located in urban,
suburban, and rural areas distributed geographically throughout
the state. The department shall administer the pilot program in
accordance with this section.
(B) Except as provided in division (C) of this section, each
district or school participating in the pilot program shall
require all students in the school building selected under
division (A) of this section to engage in at least thirty minutes
of moderate to rigorous physical activity each school day or at
least one hundred fifty minutes of moderate to rigorous physical
activity each week, exclusive of recess. Physical activity engaged
in during the following may count toward the daily requirement:
(1) A physical education course;
(2) A program or activity occurring before or after the
regular school day, as defined in section 3313.814 of the Revised
Code, that is sponsored or approved by the school of attendance,
provided school officials are able to monitor students'
participation to ensure compliance with the requirement.
(C) None of the following shall be subject to the requirement
of division (B) of this section:
(1) Any student enrolled in the post-secondary enrollment
options college credit plus program established under Chapter
3365. of the Revised Code;
(2) Any student enrolled in a career-technical education
program operated by the district or school;
(3) Any student enrolled in a dropout prevention and recovery
program operated by the district or school.
(D) For any period in which a student is participating in
interscholastic athletics, marching band, cheerleading, or a
junior reserve officer training corps program, the district or
school may excuse the student from the requirement of division (B)
of this section.
(E) The district or school may excuse any kindergarten
student who is not enrolled in all-day kindergarten, as defined in
section 3321.05 of the Revised Code, from the requirement of
division (B) of this section.
(F) Each district or school annually shall report to the
department, in the manner prescribed by the department, how the
district or school implemented the thirty minutes of daily
physical activity and the financial costs of implementation. The
department shall issue an annual report of the data collected
under this division.
Sec. 3313.6020. (A)(1) Beginning in the 2016-2017 school
year, the board of education of each city, local, exempted
village, and joint vocational school district shall adopt a policy
on career advising that complies with this section. Thereafter,
the policy shall be updated at least once every two years.
(2) The board shall make the policy publicly available to
students, parents, guardians, or custodians, local post-secondary
institutions, and residents of the district. The district shall
post the policy in a prominent location on its web site, if it has
one.
(B) The policy on career advising shall specify how the
district will do all of the following:
(1) Provide students with grade-level examples that link
their schoolwork to one or more career fields. A district may use
career connections developed under division (B)(2) of section
3301.079 of the Revised Code for this purpose.
(2) Create a plan to provide career advising to students in
grades six through twelve;
(3) Beginning in the 2016-2017 school year, provide
additional interventions and career advising for students who are
identified as at risk of dropping out of school in accordance with
division (C) of this section;
(4) Train its employees on how to advise students on career
pathways, including training on advising students using online
tools;
(5) Develop multiple, clear academic pathways through high
school that students may choose in order to earn a high school
diploma;
(6) Identify and publicize courses that can award students
both traditional academic and career-technical credit;
(7) Document the career advising provided to each student for
review by the student, the student's parent, guardian, or
custodian, and future schools that the student may attend. A
district shall not otherwise release this information without the
written consent of the student's parent, guardian, or custodian,
if the student is less than eighteen years old, or the written
consent of the student, if the student is at least eighteen years
old.
(8) Prepare students for their transition from high school to
their post-secondary destinations, including any special
interventions that are necessary for students in need of
remediation in mathematics or English language arts.
(C)(1) Beginning in the 2016-2017 school year, each district
shall identify students who are at risk of dropping out of school
using a method that is both research-based and locally-based. If a
student is identified as at risk of dropping out of school, the
district shall develop a student success plan that addresses the
student's academic pathway to a successful graduation and the role
of career-technical education, competency-based education, and
experiential learning, as appropriate, in that pathway.
(2) Prior to developing a student success plan for a student,
the district shall invite the student's parent, guardian, or
custodian to assist in developing the plan. If the student's
parent, guardian, or custodian does not participate in the
development of the plan, the district shall provide to the parent,
guardian, or custodian a copy of the student's success plan and a
statement of the importance of a high school diploma and the
academic pathways available to the student in order to
successfully graduate.
(3) Following the development of a student success plan for a
student, the district shall provide career advising to the student
that is aligned with the plan and, beginning in the 2016-2017
school year, the district's plan to provide career advising
created under division (B)(2) of this section.
(D) Not later than December 1, 2014, the department of
education shall develop and post on its web site model policies on
career advising and model student success plans.
Sec. 3313.612. (A) No nonpublic school chartered by the
state board of education shall grant a high school diploma to any
person unless, subject to section 3313.614 of the Revised Code,
the person has met the assessment requirements of division (A)(1)
or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the person has attained at
least the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments
required by that division, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has
met the requirements of the entire assessment system prescribed
under division (B)(2) of section 3301.0710 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any person with regard to any assessment from which the
person was excused pursuant to division (C)(1)(c) of section
3301.0711 of the Revised Code;
(2) Any person that attends a nonpublic school accredited
through the independent school association of the central states
acting in accordance with division (D) of this section with regard
to any end-of-course examination required under divisions (B)(2)
and (3) of section 3301.0712 of the Revised Code;
(3) Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised Code,
any American history end-of-course examination and any American
government end-of-course examination required under division
(B)(2) of that section if such an exemption is prescribed by rule
of the state board of education under division (D)(4) of section
3301.0712 of the Revised Code, or the citizenship test under
former division (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001, if all of the following
apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United
States;
(c) The person indicates no intention to reside in the United
States after completion of high school.
(C) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirements of
the assessments under division (B)(2) of that section, shall be
awarded a diploma under this section.
(D) A nonpublic school chartered by the state board may forgo
the end-of-course examinations required by divisions (B)(2) and
(3) of section 3301.0712 of the Revised Code, if that school
publishes the results of the standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code for
each graduating class. The published results shall include the
overall composite scores, mean scores, 25th percentile scores, and
75th percentile scores for each subject area of the assessment.
(E) The state board shall not impose additional requirements
or assessments for the granting of a high school diploma under
this section that are not prescribed by this section.
(F) The department of education shall furnish the assessment
administered by a nonpublic school pursuant to division (B)(1) of
section 3301.0712 of the Revised Code.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to any
cooperative education school district.
(B)(1) The board of education of each city, exempted village,
or local school district with an average daily student enrollment
of sixteen thousand or less, reported for the district on the most
recent report card issued under section 3302.03 of the Revised
Code, shall enter into an agreement with the governing board of an
educational service center, under which the educational service
center governing board will provide services to the district.
(2) The board of education of a city, exempted village, or
local school district with an average daily student enrollment of
more than sixteen thousand may enter into an agreement with the
governing board of an educational service center, under which the
educational service center governing board will provide services
to the district.
(3) Services provided under an agreement entered into under
division (B)(1) or (2) of this section shall be specified in the
agreement, and may include any of the following: supervisory
teachers; in-service and continuing education programs for
district personnel; curriculum services; research and development
programs; academic instruction for which the governing board
employs teachers pursuant to section 3319.02 of the Revised Code;
assistance in the provision of special accommodations and classes
for students with disabilities; or any other services the district
board and service center governing board agree can be better
provided by the service center and are not provided under an
agreement entered into under section 3313.845 of the Revised Code.
Services included in the agreement shall be provided to the
district in the manner specified in the agreement. The district
board of education shall reimburse the educational service center
governing board pursuant to division (H) of this section.
(C) Any agreement entered into pursuant to this section shall
be filed with the department of education by the first day of July
of the school year for which the agreement is in effect.
(D)(1) An agreement for services from an educational service
center entered into under this section may be terminated by the
school district board of education, at its option, by notifying
the governing board of the service center by March 1, 2012, or by
the first day of January of any odd-numbered year thereafter, that
the district board intends to terminate the agreement in that
year, and that termination shall be effective on the thirtieth day
of June of that year. The failure of a district board to notify an
educational service center of its intent to terminate an agreement
by March 1, 2012, shall result in renewal of the existing
agreement for the following school year. Thereafter, the failure
of a district board to notify an educational service center of its
intent to terminate an agreement by the first day of January of an
odd-numbered year shall result in renewal of the existing
agreement for the following two school years.
(2) If the school district that terminates an agreement for
services under division (D)(1) of this section is also subject to
the requirement of division (B)(1) of this section, the district
board shall enter into a new agreement with any educational
service center so that the new agreement is effective on the first
day of July of that same year.
(3) If all moneys owed by a school district to an educational
service center under an agreement for services terminated under
division (D)(1) of this section have been paid in full by the
effective date of the termination, the governing board of the
service center shall submit an affidavit to the department
certifying that fact not later than fifteen days after the
termination's effective date. Notwithstanding anything in the
Revised Code to the contrary, until the department receives such
an affidavit, it shall not make any payments to any other
educational service center with which the district enters into an
agreement under this section for services that the educational
service center provides to the district.
(E) An educational service center may apply to any state or
federal agency for competitive grants. It may also apply to any
private entity for additional funds.
(F) Not later than January 1, 2014, each educational service
center shall post on its web site a list of all of the services
that it provides and the corresponding cost for each of those
services.
(G)(1) For purposes of calculating any state operating
subsidy to be paid to an educational service center for the
operation of that service center and any services required under
Title XXXIII of the Revised Code to be provided by the service
center to a school district, the service center's student count
shall be the sum of the total student counts of all the school
districts with which the educational service center has entered
into an agreement under this section.
(2) When a district enters into a new agreement with a new
educational service center, the department of education shall
ensure that the state operating subsidy for services provided to
the district is paid to the new educational service center and
that the educational service center with which the district
previously had an agreement is no longer paid a state operating
subsidy for providing services to that district.
(H) Pursuant to division (B) of section 3317.023 of the
Revised Code, the department annually shall deduct from each
school district that enters into an agreement with an educational
service center under this section, and pay to the service center,
an amount equal to six dollars and fifty cents times the school
district's total student count. The district board of education,
or the district superintendent acting on behalf of the district
board, may agree to pay an amount in excess of six dollars and
fifty cents per student in total student count. If a majority of
the boards of education, or superintendents acting on behalf of
the boards, of the districts that entered into an agreement under
this section approve an amount in excess of six dollars and fifty
cents per student in total student count, each district shall pay
the excess amount to the service center.
(I) For purposes of this section, a school district's "total
student count" means the average daily student enrollment reported
on the most recent report card issued for the district pursuant to
section 3302.03 of the Revised Code.
Sec. 3313.90. As used in this section, "formula ADM" has the
same meaning as in section 3317.02 of the Revised Code.
Notwithstanding division (D) of section 3311.19 and division (D)
of section 3311.52 of the Revised Code, the provisions of this
section that apply to a city school district do not apply to any
joint vocational or cooperative education school district.
(A) Each Except as provided in division (B) of this section,
each city, local, and exempted village school district shall, by
one of the following means, provide vocational
to students
enrolled in grades seven through twelve career-technical education
adequate to prepare a pupil student enrolled therein for an
occupation:
(1) Establishing and maintaining a vocational
career-technical education program that meets standards adopted by
the state board of education;
(2) Being a member of a joint vocational school district
that meets standards adopted by the state board;
(3) Contracting for vocational career-technical education
with a joint vocational school district or another school district
that meets the standards adopted by the state board.
The standards of the state board of education shall include
criteria for the participation by nonpublic students in
vocational
career-technical education programs without financial assessment,
charge, or tuition to such student except such assessments,
charges, or tuition paid by resident public school students in
such programs. Such nonpublic school students shall be included in
the formula ADM of the school district maintaining the vocational
career-technical education program as part-time students in
proportion to the time spent in the vocational
career-technical
education program.
By the thirtieth day of October of each year, the
superintendent of public instruction shall determine and certify
to the superintendent of each school district subject to this
section either that the district is in compliance with the
requirements of this section for the current school year or that
the district is not in compliance. If the superintendent certifies
that the district is not in compliance, he shall notify the board
of education of the district of the actions necessary to bring the
district into compliance with this section.
In meeting standards established by the state board of
education, school districts, where practicable, shall provide
vocational career-technical education programs in high schools. A
minimum enrollment of fifteen hundred pupils students in grades
nine through twelve is established as a base for comprehensive
vocational career-technical education course offerings. Beginning
with the 2015-2016 school year, this base shall increase to a
minimum enrollment of two thousand two hundred fifty students in
grades seven through twelve. A school district may meet this
requirement alone, through a cooperative arrangement pursuant to
section 3313.92 of the Revised Code, through school district
consolidation, by membership in a joint vocational school
district, by contract with a school district, by contract with a
school licensed by any state agency established by the Revised
Code which school operates its courses offered for contracting
with public schools under standards as to staffing and facilities
comparable to those prescribed by the state board of education for
public schools provided no instructor in such courses shall be
required to be certificated by the state department of education,
or in a combination of such ways. Exceptions to the minimum
requirement of fifteen hundred pupils enrollment prescribed by
this section may be made by the state board of education based on
sparsity of population or other factors indicating that
comprehensive educational and vocational career-technical
education programs as required by this section can be provided
through an alternate plan.
(B) Approval of state funds for the construction and
operation of vocational facilities in any city, local, or exempted
village school district shall be contingent upon a comprehensive
vocational program plan approved by the state board of education
no later than July 1, 1970. The state board of education shall not
approve a school district plan unless the plan proposed reasonably
meets the vocational needs of other school districts in the
general area of the school districts in the general area of the
school district submitting the plan. The plan shall be submitted
to the state board of education no later than April 1, 1970. Such
plan shall contain:
(1) The organization for vocational education pursuant to the
requirements of this section;
(2) Vocational programs to be offered in the respective
comprehensive high schools, in specialized schools or skill
centers, and in joint vocational schools;
(3) Remodeled, additional, and new vocational facilities
required at the respective locations.
In approving the organization for vocational education the
state board of education shall provide that no city, local, or
exempted village school district is excluded in the statewide plan
If the board of education of a city, local, or exempted village
school district adopts a resolution that specifies the district's
intent not to provide career-technical education to students
enrolled in grades seven and eight for a particular school year
and submits that resolution to the department by the thirtieth day
of September of that school year, the department shall waive the
requirement for that district to provide career-technical
education to students enrolled in grades seven and eight for that
particular school year.
Sec. 3313.94. (A) As used in this section:
(1) "Board of education" means the board of education or
governing authority of a school.
(2) "In good standing" means currently employed, not on
probation, and not the subject of a pending criminal disciplinary
action or of a criminal or disciplinary action within the past
five years that resulted in an adverse judgment or determination.
(3) "Law enforcement officer" and "school" have the same
meanings as in section 5747.64 of the Revised Code.
(4) "Retired law enforcement officer" means a person who
served as a law enforcement officer and retired from service with
a law enforcement agency in good standing.
(B) The sheriff of each county shall maintain a list of
persons available to patrol school premises on a volunteer basis.
To qualify for inclusion on the list, a person shall be a current
law enforcement officer in good standing or a retired law
enforcement officer with a current firearms certification issued
under section 109.77 of the Revised Code and a current concealed
carry license issued under section 2923.125 of the Revised Code.
Before including a person on the list, the sheriff shall verify
that the person is qualified. In the case of a retired law
enforcement officer, verification shall include a criminal records
check of the type required for a school district employee under
section 3319.391 of the Revised Code. The sheriff shall exclude
from the list any person who would be disqualified from employment
under section 3319.391 of the Revised Code. The prospective
volunteer shall pay the cost of the criminal records check. The
sheriff shall require each volunteer on the list who is not a
current law enforcement officer in good standing, as a condition
of remaining on the list, to undergo a criminal records check
every five years. Upon request of a board of education of a school
whose premises are located wholly or partially within the county,
the sheriff shall provide a paper or electronic copy of the list
to the board.
(C) A board of education that wishes to use the services of a
volunteer on the list prepared under division (B) of this section
may request a copy of the list from the sheriff. The board may
enter into an agreement with a volunteer to patrol school premises
for the sole purpose of preventing or responding to a mass
casualty event connected with illegal activity. If the volunteer
is currently employed as a law enforcement officer, the volunteer
shall obtain the permission of the volunteer's employer before
entering into an agreement under this division. An agreement may
include provisions relating to additional training, uniforms, or
other matters that the board considers appropriate. A volunteer
shall spend not more than nine hours of any week engaged in
volunteer activities pursuant to this section. The board may
reimburse the volunteer for the cost of a criminal records check.
(D) A school district, member of a school district board of
education, governing authority of a school, member of a governing
authority of a school, and volunteer under this section are not
liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from the volunteer's
performance of services under this section unless the injury,
death, or loss resulted from the volunteer's reckless or wanton
conduct.
Sec. 3313.975. As used in this section and in sections
3313.976 to 3313.979 of the Revised Code, "the pilot project
school district" or "the district" means any school district
included in the pilot project scholarship program pursuant to this
section.
(A) The superintendent of public instruction shall establish
a pilot project scholarship program and shall include in such
program any school districts that are or have ever been under
federal court order requiring supervision and operational
management of the district by the state superintendent. The
program shall provide for a number of students residing in any
such district to receive scholarships to attend alternative
schools, and for an equal number of students to receive tutorial
assistance grants while attending public school in any such
district.
(B) The state superintendent shall establish an application
process and deadline for accepting applications from students
residing in the district to participate in the scholarship
program. In the initial year of the program students may only use
a scholarship to attend school in grades kindergarten through
third.
The state superintendent shall award as many scholarships and
tutorial assistance grants as can be funded given the amount
appropriated for the program. In no case, however, shall more than
fifty per cent of all scholarships awarded be used by students who
were enrolled in a nonpublic school during the school year of
application for a scholarship.
(C)(1) The pilot project program shall continue in effect
each year that the general assembly has appropriated sufficient
money to fund scholarships and tutorial assistance grants. In each
year the program continues, new students may receive scholarships
in grades kindergarten to twelve. A student who has received a
scholarship may continue to receive one until the student has
completed grade twelve.
(2) If the general assembly discontinues the scholarship
program, all students who are attending an alternative school
under the pilot project shall be entitled to continued admittance
to that specific school through all grades that are provided in
such school, under the same conditions as when they were
participating in the pilot project. The state superintendent shall
continue to make scholarship payments in accordance with division
(A) or (B) of section 3313.979 of the Revised Code for students
who remain enrolled in an alternative school under this provision
in any year that funds have been appropriated for this purpose.
If funds are not appropriated, the tuition charged to the
parents of a student who remains enrolled in an alternative school
under this provision shall not be increased beyond the amount
equal to the amount of the scholarship plus any additional amount
charged that student's parent in the most recent year of
attendance as a participant in the pilot project, except that
tuition for all the students enrolled in such school may be
increased by the same percentage.
(D) Notwithstanding sections 124.39 and 3311.83 of the
Revised Code, if the pilot project school district experiences a
decrease in enrollment due to participation in a state-sponsored
scholarship program pursuant to sections 3313.974 to 3313.979 of
the Revised Code, the district board of education may enter into
an agreement with any teacher it employs to provide to that
teacher severance pay or early retirement incentives, or both, if
the teacher agrees to terminate the employment contract with the
district board, provided any collective bargaining agreement in
force pursuant to Chapter 4117. of the Revised Code does not
prohibit such an agreement for termination of a teacher's
employment contract.
(E) A student entitled to attend school in a school district
in which the pilot project scholarship program is operating may be
eligible for the educational choice scholarship pilot program
established under sections 3310.01 to 3310.17 of the Revised Code
in the manner prescribed by section 3310.05 of the Revised Code;
however, a student shall not be awarded a scholarship under both
programs for the same school year.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of any and all sponsors of the
community schools established under this chapter and shall provide
technical assistance to schools and sponsors in their compliance
with applicable laws and the terms of the contracts entered into
under section 3314.03 of the Revised Code and in the development
and start-up activities of those schools. In carrying out its
duties under this section, the department shall do all of the
following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools;
(3) Monitor and evaluate, as required under section 3314.016
of the Revised Code, the effectiveness of any and all sponsors in
their oversight of the schools with which they have contracted;
(4) By December thirty-first of each year, issue a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the house and
senate committees principally responsible for education matters
regarding the effectiveness of academic programs, operations, and
legal compliance and of the financial condition of all community
schools established under this chapter and on the performance of
community school sponsors;
(5) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) Except as provided in sections 3314.021 and 3314.027
of the Revised Code, no entity listed in division (C)(1) of
section 3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship.
The initial term of a sponsor's agreement with the department
shall be for up to seven years. For every year that the sponsor
satisfies the conditions of division (B)(1)(a) or (b) of this
section, as applicable, the department shall add one year to the
agreement term, subject to divisions (C) and (F) of this section,
unless the sponsor notifies the department that it does not wish
to have the term of the agreement so extended.
To qualify for the extension of the term of the sponsor's
agreement, the sponsor shall satisfy one of the following, as
applicable:
(a) Prior to January 1, 2015, the sponsor is not in the
lowest twenty per cent of sponsors statewide according to the
composite performance index score as ranked under section 3314.016
of the Revised Code, as that section exists prior to that date,
and the sponsor continues to meet all the requirements of this
chapter pertaining to community school sponsors.
(b) On or after January 1, 2015, the sponsor is rated as
"exemplary" or "effective" under section 3314.016 of the Revised
Code, as that section exists on and after that date, and the
sponsor continues to meet all the requirements of this chapter
pertaining to community school sponsors.
The department shall adopt in accordance with Chapter 119. of
the Revised Code rules containing criteria, procedures, and
deadlines for processing applications for approval of sponsors,
for oversight of sponsors, for notifying a sponsor of
noncompliance with applicable laws and administrative rules under
division (F) of this section, for revocation of the approval of
sponsors under division (C) of this section, and for entering into
written agreements with sponsors. The rules shall require an
entity to submit evidence of the entity's ability and willingness
to comply with the provisions of division (D) of section 3314.03
of the Revised Code. The rules also shall require entities
approved as sponsors on and after June 30, 2005, to demonstrate a
record of financial responsibility and successful implementation
of educational programs. If an entity seeking approval on or after
June 30, 2005, to sponsor community schools in this state sponsors
or operates schools in another state, at least one of the schools
sponsored or operated by the entity must be comparable to or
better than the performance of Ohio schools in need of continuous
improvement under section 3302.03 of the Revised Code, as
determined by the department.
Subject to section 3314.016 of the Revised Code, an entity
that sponsors community schools may enter into preliminary
agreements and sponsor up to one hundred schools, provided each
school and the contract for sponsorship meets the requirements of
this chapter.
(2) The state board of education shall determine, pursuant to
criteria specified in rules adopted in accordance with Chapter
119. of the Revised Code, whether the mission proposed to be
specified in the contract of a community school to be sponsored by
a state university board of trustees or the board's designee under
division (C)(1)(e) of section 3314.02 of the Revised Code complies
with the requirements of that division. Such determination of the
state board is final.
(3) The state board of education shall determine, pursuant to
criteria specified in rules adopted in accordance with Chapter
119. of the Revised Code, if any tax-exempt entity under section
501(c)(3) of the Internal Revenue Code that is proposed to be a
sponsor of a community school is an education-oriented entity for
purpose of satisfying the condition prescribed in division
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such
determination of the state board is final.
(C) If at any time the state board of education finds that a
sponsor is not in compliance or is no longer willing to comply
with its contract with any community school or with the
department's rules for sponsorship, the state board or designee
shall conduct a hearing in accordance with Chapter 119. of the
Revised Code on that matter. If after the hearing, the state board
or designee has confirmed the original finding, the department of
education may revoke the sponsor's approval to sponsor community
schools. In that case, the department's office of Ohio school
sponsorship, established under section 3314.029 of the Revised
Code, may assume the sponsorship of any schools with which the
sponsor has contracted until the earlier of the expiration of two
school years or until a new sponsor as described in division
(C)(1) of section 3314.02 of the Revised Code is secured by the
school's governing authority. The office of Ohio school
sponsorship may extend the term of the contract in the case of a
school for which it has assumed sponsorship under this division as
necessary to accommodate the term of the department's
authorization to sponsor the school specified in this division.
Community schools sponsored under this division shall not apply to
the limit on directly authorized community schools under division
(A)(3) of section 3314.029 of the Revised Code. However, nothing
in this division shall preclude a community school affected by
this division from applying for sponsorship under that section.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship under division (C) of this section, may be
appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F)(1) In lieu of revoking a sponsor's authority to sponsor
community schools under division (C) of this section, if the
department finds that a sponsor is not in compliance with
applicable laws and administrative rules, the department shall
declare in a written notice to the sponsor the specific laws or
rules, or both, for which the sponsor is noncompliant. A sponsor
notified under division (F)(1) of this section shall respond to
the department not later than fourteen days after the notification
with a proposed plan to remedy the conditions for which the
sponsor was found to be noncompliant. The department shall approve
or disapprove the plan not later than fourteen days after
receiving it. If the plan is disapproved, the sponsor may submit a
revised plan to the department not later than fourteen days after
receiving notification of disapproval from the department or not
later than sixty days after the date the sponsor received
notification of noncompliance from the department, whichever is
earlier. The department shall approve or disapprove the revised
plan not later than fourteen days after receiving it or not later
than sixty days after the date the sponsor received notification
of noncompliance from the department, whichever is earlier. A
sponsor may continue to make revisions by the deadlines prescribed
in division (F)(1) of this section to any revised plan that is
disapproved by the department until the sixtieth day after the
date the sponsor received notification of noncompliance from the
department.
If a plan or a revised plan is approved, the sponsor shall
implement it not later than sixty days after the date the sponsor
received notification of noncompliance from the department or not
later than thirty days after the plan is approved, whichever is
later. If a sponsor does not respond to the department or
implement an approved compliance plan by the deadlines prescribed
by division (F)(1) of this section, or if a sponsor does not
receive approval of a compliance plan on or before the sixtieth
day after the date the sponsor received notification of
noncompliance from the department, the department shall declare in
written notice to the sponsor that the sponsor is in probationary
status, and may limit the sponsor's ability to sponsor additional
schools.
(2) A sponsor that has been placed on probationary status
under division (F)(1) of this section may apply to the department
for its probationary status to be lifted. The application for a
sponsor's probationary status to be lifted shall include evidence,
occurring after the initial notification of noncompliance, of the
sponsor's compliance with applicable laws and administrative
rules. Not later than fourteen days after receiving an application
from the sponsor, the department shall decide whether or not to
remove the sponsor's probationary status.
(G) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
(H) This Except as provided in division (B)(2) of section
3314.02 of the Revised Code, this section applies to entities that
sponsor conversion community schools and new start-up schools.
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The
office of Ohio school sponsorship established under section
3314.029 of the Revised Code shall be ranked under division (B) of
this section, but divisions (A) and (C) of this section do not
apply to the office.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets both of the following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department of education.
(2) The entity is not ranked in the lowest twenty per cent of
community school sponsors on the ranking prescribed by division
(B) of this section.
(B)(1) For purposes of this section, the department shall
develop a composite performance index score, as defined in section
3302.01 of the Revised Code, that measures the academic
performance of students enrolled in community schools sponsored by
the same entity.
(2) In calculating an entity's composite performance index
score, the department shall exclude all of the following:
(a) All community schools that have been in operation for
less than two full school years;
(b) All community schools described in division (A)(3) of
section 3314.35 of the Revised Code, but the department shall
cease to exclude the schools described in division (A)(3)(a) of
that section if those schools become subject to closure under
division (D) of that section.
(3) The department annually shall rank all entities that
sponsor community schools from highest to lowest according to the
entities' composite performance index scores and shall publish the
rankings between the first day of October and the fifteenth day of
October.
(C) If the governing authority of a community school enters
into a contract with a sponsor prior to the date on which the
sponsor is prohibited from sponsoring additional schools under
division (A) of this section and the school has not opened for
operation as of that date, that contract shall be void and the
school shall not open until the governing authority secures a new
sponsor by entering into a contract with the new sponsor under
section 3314.03 of the Revised Code.
(D)(1) The office of Ohio school sponsorship established
under section 3314.029 of the Revised Code shall be rated using
the evaluation system prescribed by division (B) of this section,
but divisions (A) and (C) of this section do not apply to the
office.
(2) Not later than July 1, 2016, and not later than the first
day of July every fifth year thereafter, the evaluation panel
created under division (D)(3) of this section shall rate the
office of Ohio school sponsorship using the evaluation system
under division (B) of this section.
(3) The panel that rates the office of Ohio school
sponsorship shall consist of one representative each from the
following organizations:
(a) A statewide nonprofit organization whose membership is
composed solely of entities that sponsor community schools and
whose members sponsor the majority of start-up community schools
in the state;
(b) An educational service center approved to sponsor
community schools statewide;
(c) A school district that sponsors one or more community
schools that is not a municipal school district;
(d) A qualified tax-exempt entity under section 501(c)(3) of
the Internal Revenue Code approved to sponsor community schools;
(e) Any municipal school district transformation alliance
established under section 3311.86 of the Revised Code.
For the initial appointments to the panel, the organizations
described in divisions (D)(3)(a) and (e) jointly shall solicit
applications from their members to be appointed to the panel not
later than November 1, 2014, and appoint members to the panel not
later than December 31, 2014.
Vacancies shall be filled in the manner of the original
appointments.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school
district or the governing board of an educational service center
that agrees to the conversion of all or part of a school or
building under division (B) of this section, or an entity listed
in division (C)(1) of this section, which either has been approved
by the department of education to sponsor community schools or is
exempted by section 3314.021 or 3314.027 of the Revised Code from
obtaining approval, and with which the governing authority of a
community school enters into a contract under section 3314.03 of
the Revised Code.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that meets one of the following
conditions:
(i) On March 22, 2013, the district was in a state of
academic emergency or in a state of academic watch under section
3302.03 of the Revised Code, as that section existed prior to
March 22, 2013;
(ii) For two of the 2012-2013, 2013-2014, and 2014-2015
school years, the district received a grade of "D" or "F" for the
performance index score and a grade of "F" for the value-added
progress dimension under section 3302.03 of the Revised Code;
(iii) For the 2015-2016 school year and for any school year
thereafter, the district has received an overall grade of "D" or
"F" under division (C)(3) of section 3302.03 of the Revised Code,
or, for at least two of the three most recent school years, the
district received a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of
school districts according to performance index score under
section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B)(1) Any person or group of individuals may initially
propose under this division the conversion of all or a portion of
a public school or a building operated by an educational service
center to a community school. The proposal shall be made to the
board of education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon.
(2) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a
building operated by an educational service center to a community
school. The proposal shall be made to the governing board of the
service center.
A service center that proposes the establishment of a
conversion community school located in a county within the
territory of the service center or in a county contiguous to such
county is exempt from approval from the department of education
and from the agreement required under division (B)(1) of section
3314.015 of the Revised Code.
However, a service center that proposes the establishment of
a conversion community school located in a county outside of the
territory of the service center or a county contiguous to such
county shall be subject to approval from the department of
education and from the agreement required under that section.
Division (B)(2) of this section does not apply to an
educational service center that sponsors community schools and
that is exempted under section 3314.021 or 3314.027 of the Revised
Code from the requirement to be approved for sponsorship under
divisions (A)(2) and (B)(1) of section 3314.015 of the Revised
Code.
(3) Upon receipt of a proposal, a board may enter into a
preliminary agreement with the person or group proposing the
conversion of the public school or service center building,
indicating the intention of the board to support the conversion to
a community school. A proposing person or group that has a
preliminary agreement under this division may proceed to finalize
plans for the school, establish a governing authority for the
school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county. However, the governing board of an educational service
center regardless of the location of the proposed school, may
sponsor a new start-up school in any challenged school district in
the state if all both of the following are satisfied:
(i) If applicable, it satisfies the requirements of division
(E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii)(ii) It enters into an agreement with the department
under section 3314.015 of the Revised Code.
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department has determined that the entity is an
education-oriented entity under division (B)(3) of section
3314.015 of the Revised Code and the entity has a demonstrated
record of successful implementation of educational programs.
(iv) The entity is not a community school.
(g) The mayor of a city in which the majority of the
territory of a school district to which section 3311.60 of the
Revised Code applies is located, regardless of whether that
district has created the position of independent auditor as
prescribed by that section. The mayor's sponsorship authority
under this division is limited to community schools that are
located in that school district. Such mayor may sponsor community
schools only with the approval of the city council of that city,
after establishing standards with which community schools
sponsored by the mayor must comply, and after entering into a
sponsor agreement with the department as prescribed under section
3314.015 of the Revised Code. The mayor shall establish the
standards for community schools sponsored by the mayor not later
than one hundred eighty days after the effective date of this
amendment July 15, 2013, and shall submit them to the department
upon their establishment. The department shall approve the mayor
to sponsor community schools in the district, upon receipt of an
application by the mayor to do so. Not later than ninety days
after the department's approval of the mayor as a community school
sponsor, the department shall enter into the sponsor agreement
with the mayor.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district described in either division (A)(3)(b) or (d) of this
section may continue in existence once the school district no
longer meets the conditions described in either division, provided
there is a valid contract between the school and a sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013 and 3314.016 of the Revised
Code, an unlimited number of community schools may be established
in any school district provided that a contract is entered into
for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than five start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any sponsor or operator of a community
school, unless at least one year has elapsed since the conclusion
of the person's membership.
(4) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than four
hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school, unless the school
is located in a county within the territory of the service center
or in a county contiguous to such county, or unless the governing
board of the service center has entered into an agreement with the
department authorizing the service center to sponsor a community
school in any challenged school district in the state.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district and will comply with section 3301.0714 of
the Revised Code in the manner specified in section 3314.17 of the
Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)(a) "Category one career-technical education student"
means a student who is receiving the career-technical education
services described in division (A) of section 3317.014 of the
Revised Code.
(b) "Category two career-technical student" means a student
who is receiving the career-technical education services described
in division (B) of section 3317.014 of the Revised Code.
(c) "Category three career-technical student" means a student
who is receiving the career-technical education services described
in division (C) of section 3317.014 of the Revised Code.
(d) "Category four career-technical student" means a student
who is receiving the career-technical education services described
in division (D) of section 3317.014 of the Revised Code.
(e) "Category five career-technical education student" means
a student who is receiving the career-technical education services
described in division (E) of section 3317.014 of the Revised Code.
(2)(a) "Category one limited English proficient student"
means a limited English proficient student described in division
(A) of section 3317.016 of the Revised Code.
(b) "Category two limited English proficient student" means a
limited English proficient student described in division (B) of
section 3317.016 of the Revised Code.
(c) "Category three limited English proficient student" means
a limited English proficient student described in division (C) of
section 3317.016 of the Revised Code.
(3)(a) "Category one special education student" means a
student who is receiving special education services for a
disability specified in division (A) of section 3317.013 of the
Revised Code.
(b) "Category two special education student" means a student
who is receiving special education services for a disability
specified in division (B) of section 3317.013 of the Revised Code.
(c) "Category three special education student" means a
student who is receiving special education services for a
disability specified in division (C) of section 3317.013 of the
Revised Code.
(d) "Category four special education student" means a student
who is receiving special education services for a disability
specified in division (D) of section 3317.013 of the Revised Code.
(e) "Category five special education student" means a student
who is receiving special education services for a disability
specified in division (E) of section 3317.013 of the Revised Code.
(f) "Category six special education student" means a student
who is receiving special education services for a disability
specified in division (F) of section 3317.013 of the Revised Code.
(4) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(5) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(6) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(7) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in each grade kindergarten through twelve in a community
school established under this chapter, and for each child, the
community school in which the child is enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the full-time equivalent number of students enrolled in
kindergarten in the school who are not receiving special education
and related services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the full-time equivalent number of enrolled students in
kindergarten, who are receiving special education and related
services pursuant to an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in career-technical education programs or classes described in
each of divisions (A) to (E) of section 3317.014 of the Revised
Code that are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
career-technical education programs or classes described in each
of divisions (A) to (E) of section 3317.014 of the Revised Code at
a joint vocational school district or another district in the
career-technical planning district to which the school is
assigned;
(f) The number of students reported under divisions (B)(2)(a)
and (b) of this section who are category one to three limited
English proficient students described in each of divisions (A) to
(C) of section 3317.016 of the Revised Code;
(g) The number of students reported under divisions (B)(2)(a)
and (b) who are economically disadvantaged, as defined by the
department. A student shall not be categorically excluded from the
number reported under division (B)(2)(g) of this section based on
anything other than family income.
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code.
A school district board and a community school governing
authority shall include in their respective reports under division
(B) of this section any child admitted in accordance with division
(A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include
in its report under division (B)(2) of this section any student
for whom tuition is charged under division (F) of this section.
(C)(1) Except as provided in division (C)(2) of this section,
and subject to divisions (C)(3), (4), (5), (6), and (7) of this
section, on a full-time equivalency basis, for each student
enrolled in a community school established under this chapter, the
department of education annually shall deduct from the state
education aid of a student's resident district and, if necessary,
from the payment made to the district under sections 321.24 and
323.156 of the Revised Code and pay to the community school the
sum of the following:
(a) An opportunity grant in an amount equal to the formula
amount;
(b) The per pupil amount of targeted assistance funds
calculated under division (A) of section 3317.0217 of the Revised
Code for the student's resident district, as determined by the
department, X 0.25;
(c) Additional state aid for special education and related
services provided under Chapter 3323. of the Revised Code as
follows:
(i) If the student is a category one special education
student, the amount specified in division (A) of section 3317.013
of the Revised Code;
(ii) If the student is a category two special education
student, the amount specified in division (B) of section 3317.013
of the Revised Code;
(iii) If the student is a category three special education
student, the amount specified in division (C) of section 3317.013
of the Revised Code;
(iv) If the student is a category four special education
student, the amount specified in division (D) of section 3317.013
of the Revised Code;
(v) If the student is a category five special education
student, the amount specified in division (E) of section 3317.013
of the Revised Code;
(vi) If the student is a category six special education
student, the amount specified in division (F) of section 3317.013
of the Revised Code.
(d) If the student is in kindergarten through third grade, an
additional amount of $211, in fiscal year 2014, and $290, in
fiscal year 2015;
(e) If the student is economically disadvantaged, an
additional amount equal to the following:
($269, in fiscal year 2014, or $272, in fiscal year 2015) X
(the resident district's economically disadvantaged index)
(f) Limited English proficiency funds as follows:
(i) If the student is a category one limited English
proficient student, the amount specified in division (A) of
section 3317.016 of the Revised Code;
(ii) If the student is a category two limited English
proficient student, the amount specified in division (B) of
section 3317.016 of the Revised Code;
(iii) If the student is a category three limited English
proficient student, the amount specified in division (C) of
section 3317.016 of the Revised Code.
(g) Career-technical education funds as follows:
(i) If the student is a category one career-technical
education student, the amount specified in division (A) of section
3317.014 of the Revised Code;
(ii) If the student is a category two career-technical
education student, the amount specified in division (B) of section
3317.014 of the Revised Code;
(iii) If the student is a category three career-technical
education student, the amount specified in division (C) of section
3317.014 of the Revised Code;
(iv) If the student is a category four career-technical
education student, the amount specified in division (D) of section
3317.014 of the Revised Code;
(v) If the student is a category five career-technical
education student, the amount specified in division (E) of section
3317.014 of the Revised Code.
Deduction and payment of funds under division (C)(1)(g) of
this section is subject to approval by the lead district of a
career-technical planning district or the department of education
under section 3317.161 of the Revised Code.
(2) When deducting from the state education aid of a
student's resident district for students enrolled in an internet-
or computer-based community school and making payments to such
school under this section, the department shall make the
deductions and payments described in only divisions (C)(1)(a),
(c), and (g) of this section.
No deductions or payments shall be made for a student
enrolled in such school under division (C)(1)(b), (d), (e), or (f)
of this section.
(3)(a) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(B) of section 3317.0214 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(b) The community school shall report under division
(C)(3)(a) of this section, and the department shall pay for, only
the costs of educational expenses and the related services
provided to the student in accordance with the student's
individualized education program. Any legal fees, court costs, or
other costs associated with any cause of action relating to the
student may not be included in the amount.
(4) In any fiscal year, a community school receiving funds
under division (C)(1)(g) of this section shall spend those funds
only for the purposes that the department designates as approved
for career-technical education expenses. Career-technical
educational education expenses approved by the department shall
include only expenses connected to the delivery of
career-technical programming to career-technical students. The
department shall require the school to report data annually so
that the department may monitor the school's compliance with the
requirements regarding the manner in which funding received under
division (C)(1)(g) of this section may be spent.
(5) All funds received under division (C)(1)(g) of this
section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be
spent on curriculum development, purchase, and implementation;
instructional resources and supplies; industry-based program
certification; student assessment, credentialing, and placement;
curriculum specific equipment purchases and leases;
career-technical student organization fees and expenses; home and
agency linkages; work-based learning experiences; professional
development; and other costs directly associated with
career-technical education programs including development of new
programs.
(b) Not more than twenty-five per cent of the funds shall be
used for personnel expenditures.
(6) A community school shall spend the funds it receives
under division (C)(1)(e) of this section in accordance with
section 3317.25 of the Revised Code.
(7) If the sum of the payments computed under division (C)(1)
of this section for the students entitled to attend school in a
particular school district under sections 3313.64 and 3313.65 of
the Revised Code exceeds the sum of that district's state
education aid and its payment under sections 321.24 and 323.156 of
the Revised Code, the department shall calculate and apply a
proration factor to the payments to all community schools under
that division for the students entitled to attend school in that
district.
(D) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(E) A community school may not levy taxes or issue bonds
secured by tax revenues.
(F) No community school shall charge tuition for the
enrollment of any student who is a resident of this state. A
community school may charge tuition for the enrollment of any
student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (C) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(H) The department of education shall adjust the amounts
subtracted and paid under division (C) of this section to reflect
any enrollment of students in community schools for less than the
equivalent of a full school year. The state board of education
within ninety days after April 8, 2003, shall adopt in accordance
with Chapter 119. of the Revised Code rules governing the payments
to community schools under this section including initial payments
in a school year and adjustments and reductions made in subsequent
periodic payments to community schools and corresponding
deductions from school district accounts as provided under
division (C) of this section. For purposes of this section:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school for the period of time beginning on the later of
the date on which the school both has received documentation of
the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on
which the student is entered into the education management
information system established under section 3301.0714 of the
Revised Code. For purposes of applying this division and divisions
(H)(3) and (4) of this section to a community school student,
"learning opportunities" shall be defined in the contract, which
shall describe both classroom-based and non-classroom-based
learning opportunities and shall be in compliance with criteria
and documentation requirements for student participation which
shall be established by the department. Any student's instruction
time in non-classroom-based learning opportunities shall be
certified by an employee of the community school. A student's
enrollment shall be considered to cease on the date on which any
of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Except as otherwise specified in this paragraph, beginning in
the 2011-2012 school year, any student who completed the prior
school year in an internet- or computer-based community school
shall be considered to be enrolled in the same school in the
subsequent school year until the student's enrollment has ceased
as specified in division (H)(2) of this section. The department
shall continue subtracting and paying amounts for the student
under division (C) of this section without interruption at the
start of the subsequent school year. However, if the student
without a legitimate excuse fails to participate in the first one
hundred five consecutive hours of learning opportunities offered
to the student in that subsequent school year, the student shall
be considered not to have re-enrolled in the school for that
school year and the department shall recalculate the payments to
the school for that school year to account for the fact that the
student is not enrolled.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (H)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to disease epidemic, hazardous weather conditions,
law enforcement emergencies, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use, so
long as the school was actually open for instruction with students
in attendance during that school year for not less than the
minimum number of hours required by this chapter. The department
shall treat the school as if it were open for instruction with
students in attendance during the hours or days waived under this
division.
(I) The department of education shall reduce the amounts paid
under this section to reflect payments made to colleges under
division (B) of section 3365.07 of the Revised Code or through
alternative funding agreements entered into under rules adopted
under section 3365.12 of the Revised Code.
(J)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (C) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(K)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(L) The department shall not subtract from a school
district's state aid account and shall not pay to a community
school under division (C) of this section any amount for any of
the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account and shall not
pay to a community school under division (C) of this section any
amount for that veteran.
Sec. 3314.191. Notwithstanding any provision to the contrary
in the Revised Code, the department of education shall make no
payment under section 3314.08 of the Revised Code to a community
school opening for its first year of operation until the sponsor
of that school confirms all of the following:
(A) The school is in compliance with the provisions described
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the
Revised Code.
(B) The sponsor has approved the financial controls required
by the comprehensive plan for the school under division (B)(5) of
section 3314.03 of the Revised Code.
(C) The school facilities will be ready and open for use by
the date prescribed in the contract entered into under section
3314.03 of the Revised Code, and the sponsor has reviewed any
lease, purchase agreement, permits required by statute or
contract, and construction plans.
(D) The chief administrator of the community school actively
is managing daily operations at the school.
(E) The projected enrollment reported to the department is
accurate.
Sec. 3314.352. No community school that is permanently closed
under section 3314.35 or 3314.351 of the Revised Code may be
reopened under another name if any of the following conditions are
true:
(A) The new school has the same sponsor as the closed school.
(B) The new school has the same chief administrator as the
closed school.
(C) The governing authority of the new school consists of any
of the same members that served on the governing authority of the
closed school during that school's last year of operation.
(D) Fifty per cent or more of the teaching staff of the new
school consists of the same individuals who were employed as
teachers at the closed school during that school's last year of
operation.
(E) Fifty per cent or more of the administrative staff of the
new school consists of the same individuals who were employed as
administrators at the closed school during that school's last year
of operation.
(F) The performance standards and accountability plan
prescribed by the sponsor contract for the new school, entered
into under section 3314.03 of the Revised Code, are the same as
those for the closed school.
(G) This section does not apply to internet- or
computer-based community schools.
Sec. 3317.03. (A) The superintendent of each city, local,
and exempted village school district shall report to the state
board of education as of the last day of October, March, and June
of each year the enrollment of students receiving services from
schools under the superintendent's supervision, and the numbers of
other students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code the superintendent
is required to report under this section, so that the department
of education can calculate the district's formula ADM, total ADM,
category one through five career-technical education ADM, category
one through three limited English proficient ADM, category one
through six special education ADM, preschool scholarship ADM,
transportation ADM, and, for purposes of provisions of law outside
of Chapter 3317. of the Revised Code, average daily membership.
(1) The enrollment reported by the superintendent during the
reporting period shall consist of the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
When reporting students under division (A)(1) of this
section, the superintendent also shall report the district where
each student is entitled to attend school pursuant to sections
3313.64 and 3313.65 of the Revised Code.
(2) The department of education shall compile a list of all
students reported to be enrolled in a district under division
(A)(1) of this section and of the students entitled to attend
school in the district pursuant to section 3313.64 or 3313.65 of
the Revised Code on an FTE basis but receiving educational
services in grades kindergarten through twelve from one or more of
the following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or, a
science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code, if the students
qualified for the scholarship under section 3310.03 of the Revised
Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code, including any participation in
a college pursuant to Chapter 3365. of the Revised Code while
enrolled in the school.
(3) The department also shall compile a list of the students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code who are enrolled in a joint vocational
school district or under a career-technical education compact,
excluding any students so entitled to attend school in the
district who are enrolled in another school district through an
open enrollment policy as reported under division (A)(2)(d) of
this section and then enroll in a joint vocational school district
or under a career-technical education compact.
The department shall provide each city, local, and exempted
village school district with an opportunity to review the list of
students compiled under divisions (A)(2) and (3) of this section
to ensure that the students reported accurately reflect the
enrollment of students in the district.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the reports
provided by the department under division (A) of this section all
of the following:
(1) The total student enrollment in regular learning day
classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The unduplicated count of the number of preschool
children with disabilities enrolled in the district for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, in accordance with the disability categories
prescribed in section 3317.013 of the Revised Code;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. of
the Revised Code or, a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code and who
qualified for the scholarship under section 3310.03 of the Revised
Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, including any
participation in a college pursuant to Chapter 3365. of the
Revised Code while enrolled in the school;
(l) Enrolled in an alternative public provider or a
registered private provider with a scholarship awarded under
sections 3310.51 to 3310.64 of the Revised Code.
(4) The total enrollment of pupils in joint vocational
schools;
(5) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category one disability
described in division (A) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(6) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category two disabilities described
in division (B) of section 3317.013 of the Revised Code, including
children attending a special education program operated by an
alternative public provider or a registered private provider with
a scholarship awarded under sections 3310.51 to 3310.64 of the
Revised Code;
(7) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category three disabilities
described in division (C) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(8) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category four disabilities
described in division (D) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(9) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category five disabilities
described in division (E) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(10) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) and under division (B)(3)(h)
of this section receiving special education services for category
six disabilities described in division (F) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under either section
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category one career-technical education programs or classes,
described in division (A) of section 3317.014 of the Revised Code,
operated by the school district or by another district that is a
member of the district's career-technical planning district, other
than a joint vocational school district, or by an educational
service center, notwithstanding division (H) of section 3317.02 of
the Revised Code and division (C)(3) of this section;
(12) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category two career-technical education programs or services,
described in division (B) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(13) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category three career-technical education programs or services,
described in division (C) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(14) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category four career-technical education programs or services,
described in division (D) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(15) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category five career-technical education programs or services,
described in division (E) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(16) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (A) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(17) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (B) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(18) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (C) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(19) The average number of children transported during the
reporting period by the school district on board-owned or
contractor-owned and -operated buses, reported in accordance with
rules adopted by the department of education;
(20)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998. Division (B)(20)(a) of this section does not
apply after fiscal year 2013.
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division (B)
of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code.
(21) The enrollment of students who are economically
disadvantaged, as defined by the department, excluding any student
reported under division (B)(3)(e) of this section as enrolled in
an internet- or computer-based community school. A student shall
not be categorically excluded from the number reported under
division (B)(21) of this section based on anything other than
family income.
(C)(1) The state board of education shall adopt rules
necessary for implementing divisions (A), (B), and (D) of this
section.
(2) A student enrolled in a community school established
under Chapter 3314., a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school,
the science, technology, engineering, and mathematics school, or
the college-preparatory boarding school for purposes of section
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding
the enrollment of students certified pursuant to division
(B)(3)(d), (e), (j), or (k) of this section, the department may
adjust the formula ADM of a school district to account for
students entitled to attend school in the district under section
3313.64 or 3313.65 of the Revised Code who are enrolled in a
community school, a science, technology, engineering, and
mathematics school, or a college-preparatory boarding school for
only a portion of the school year.
(3) No child shall be counted as more than a total of one
child in the sum of the enrollment of students of a school
district under division (A), divisions (B)(1) to (22), or division
(D) of this section, except as follows:
(a) A child with a disability described in section 3317.013
of the Revised Code may be counted both in formula ADM and in
category one, two, three, four, five, or six special education ADM
and, if applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (H) of
section 3317.02 of the Revised Code, such a child shall be counted
in category one, two, three, four, five, or six special education
ADM in the same proportion that the child is counted in formula
ADM.
(b) A child enrolled in career-technical education programs
or classes described in section 3317.014 of the Revised Code may
be counted both in formula ADM and category one, two, three, four,
or five career-technical education ADM and, if applicable, in
category one, two, three, four, five, or six special education
ADM. Such a child shall be counted in category one, two, three,
four, or five career-technical education ADM in the same
proportion as the percentage of time that the child spends in the
career-technical education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall report and certify to the superintendent of public
instruction as of the last day of October, March, and June of each
year the enrollment of students receiving services from schools
under the superintendent's supervision so that the department can
calculate the district's formula ADM, total ADM, category one
through five career-technical education ADM, category one through
three limited English proficient ADM, category one through six
special education ADM, and for purposes of provisions of law
outside of Chapter 3317. of the Revised Code, average daily
membership.
The enrollment reported and certified by the superintendent,
except as otherwise provided in this division, shall consist of
the the number of students in grades six through twelve receiving
any educational services from the district, except that the
following categories of students shall not be included in the
determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the report
provided under division (D)(1) of this section the enrollment for
each of the following categories of students:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one career-technical
education services, described in division (A) of section 3317.014
of the Revised Code;
(i) Students receiving category two career-technical
education services, described in division (B) of section 3317.014
of the Revised Code;
(j) Students receiving category three career-technical
education services, described in division (C) of section 3317.014
of the Revised Code;
(k) Students receiving category four career-technical
education services, described in division (D) of section 3317.014
of the Revised Code;
(l) Students receiving category five career-technical
education services, described in division (E) of section 3317.014
of the Revised Code;
(m) Limited English proficient students described in division
(A) of section 3317.016 of the Revised Code;
(n) Limited English proficient students described in division
(B) of section 3317.016 of the Revised Code;
(o) Limited English proficient students described in division
(C) of section 3317.016 of the Revised Code;
(p) Students who are economically disadvantaged, as defined
by the department. A student shall not be categorically excluded
from the number reported under division (D)(2)(p) of this section
based on anything other than family income.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school enrollment, which record
shall accurately show, for each day the school is in session, the
actual enrollment in regular day classes. For the purpose of
determining the enrollment of students, the enrollment figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
enrollment for each school shall be maintained in such manner that
no pupil shall be counted as enrolled prior to the actual date of
entry in the school and also in such manner that where for any
cause a pupil permanently withdraws from the school that pupil
shall not be counted as enrolled from and after the date of such
withdrawal. There shall not be included in the enrollment of any
school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge;
(5) Any pupil who has a high school equivalence diploma as
defined in section 5107.40 of the Revised Code.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in the enrollment of
students determined under this section.
Notwithstanding division (E)(3) of this section, the
enrollment of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
The formula ADM, total ADM, category one through five
career-technical education ADM, category one through three limited
English proficient ADM, category one through six special education
ADM, preschool scholarship ADM, transportation ADM, and, for
purposes of provisions of law outside of Chapter 3317. of the
Revised Code, average daily membership of any school district
shall be determined in accordance with rules adopted by the state
board of education.
(F)(1) If a student attending a community school under
Chapter 3314., a science, technology, engineering, and mathematics
school established under Chapter 3326., or a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code is not included in the formula ADM calculated for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(2) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
(3) If a student awarded a scholarship under the Jon Peterson
special needs scholarship program is not included in the formula
ADM of the school district from which the department deducts funds
for the scholarship under section 3310.55 of the Revised Code, the
department shall adjust the formula ADM of that school district to
include the student to the extent necessary to account for the
deduction, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The unduplicated count of the number of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (A) to (F) of section 3317.013
of the Revised Code adjusted for the portion of the year each
child is so enrolled;
(ii) The unduplicated count of the number of all preschool
children with disabilities in classes or programs for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code.
(b) The superintendent of an institution with
career-technical education units approved under section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the
enrollment in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or provides services to preschool children with disabilities
pursuant to an agreement between the DD board and the appropriate
school district shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the enrollment in classes under section 3317.20 of the
Revised Code for each school district that has placed children in
the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which the DD
board is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code, and the number of those
classes.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's enrollment shall not be included in
that district's enrollment figure used in calculating the
district's payments under this chapter. The reporting official
shall report separately the enrollment of all pupils whose
attendance in the district is unauthorized attendance, and the
enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its enrollment.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in its enrollment:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend an
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable enrollments for all students in the
cooperative education district, also indicating the city, local,
or exempted village district where each pupil is entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the enrollment certified or reported by a
district superintendent, or other reporting entity, is not
correct, the superintendent of public instruction may order that
the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A)(3) of this section. The state board, on a case-by-case basis,
may extend the license's duration as necessary to enable the
license holder to complete the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories, types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section. The rules shall also include the
reasons for which a resident educator license may be renewed under
division (A)(1)(a) of this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program or be a participant in the teach for America
program and meet the qualifications required under section
3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
(D) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E) Any rules the state board of education adopts, amends, or
rescinds for educator licenses under this section, division (D) of
section 3301.07 of the Revised Code, or any other law shall be
adopted, amended, or rescinded under Chapter 119. of the Revised
Code except as follows:
(1) Notwithstanding division (D) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, in the case
of the adoption of any rule or the amendment or rescission of any
rule that necessitates institutions' offering preparation programs
for educators and other school personnel that are approved by the
chancellor of the Ohio board of regents under section 3333.048 of
the Revised Code to revise the curriculum of those programs, the
effective date shall not be as prescribed in division (D) of
section 119.03 and division (A)(1) of section 119.04 of the
Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date
prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind
emergency rules in division (F) of section 119.03 of the Revised
Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses.
(F)(1) The rules adopted under this section establishing
standards requiring additional coursework for the renewal of any
educator license shall require a school district and a chartered
nonpublic school to establish local professional development
committees. In a nonpublic school, the chief administrative
officer shall establish the committees in any manner acceptable to
such officer. The committees established under this division shall
determine whether coursework that a district or chartered
nonpublic school teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules shall establish a
procedure by which a teacher may appeal the decision of a local
professional development committee.
(2) In any school district in which there is no exclusive
representative established under Chapter 4117. of the Revised
Code, the professional development committees shall be established
as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under
this section, the board of education of each school district shall
establish the structure for one or more local professional
development committees to be operated by such school district. The
committee structure so established by a district board shall
remain in effect unless within thirty days prior to an anniversary
of the date upon which the current committee structure was
established, the board provides notice to all affected district
employees that the committee structure is to be modified.
Professional development committees may have a district-level or
building-level scope of operations, and may be established with
regard to particular grade or age levels for which an educator
license is designated.
Each professional development committee shall consist of at
least three classroom teachers employed by the district, one
principal employed by the district, and one other employee of the
district appointed by the district superintendent. For committees
with a building-level scope, the teacher and principal members
shall be assigned to that building, and the teacher members shall
be elected by majority vote of the classroom teachers assigned to
that building. For committees with a district-level scope, the
teacher members shall be elected by majority vote of the classroom
teachers of the district, and the principal member shall be
elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district,
in which case the one or two principals employed shall serve on
the committee. If a committee has a particular grade or age level
scope, the teacher members shall be licensed to teach such grade
or age levels, and shall be elected by majority vote of the
classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development committee, except in the case of vacancies among the
elected classroom teacher members, which shall be filled by vote
of the remaining members of the committee so selected.
Terms of office on professional development committees shall
be prescribed by the district board establishing the committees.
The conduct of elections for members of professional development
committees shall be prescribed by the district board establishing
the committees. A professional development committee may include
additional members, except that the majority of members on each
such committee shall be classroom teachers employed by the
district. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election and appointment of all committee members,
shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall
select a chairperson and such other officers the committee deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon the filing of a petition with the district
superintendent signed by a majority of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has been established pursuant to Chapter 4117. of
the Revised Code, professional development committees shall be
established in accordance with any collective bargaining agreement
in effect in the district that includes provisions for such
committees.
If the collective bargaining agreement does not specify a
different method for the selection of teacher members of the
committees, the exclusive representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure for the committees, the board of education of
the school district shall establish the structure, including the
number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to
be part of each committee; whether the scope of the committees
will be district levels, building levels, or by type of grade or
age levels for which educator licenses are designated; the lengths
of terms for members; the manner of filling vacancies on the
committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(4) of
this section, there shall be a majority of teacher members of any
professional development committee, there shall be at least five
total members of any professional development committee, and the
exclusive representative shall designate replacement members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such replacements.
(4) Whenever an administrator's coursework plan is being
discussed or voted upon, the local professional development
committee shall, at the request of one of its administrative
members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members
voting on the plan.
(G)(1) The department of education, educational service
centers, county boards of developmental disabilities, regional
professional development centers, special education regional
resource centers, college and university departments of education,
head start programs, and the Ohio education computer network may
establish local professional development committees to determine
whether the coursework proposed by their employees who are
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009, meet the requirements of the
rules adopted under this section. They may establish local
professional development committees on their own or in
collaboration with a school district or other agency having
authority to establish them.
Local professional development committees established by
county boards of developmental disabilities shall be structured in
a manner comparable to the structures prescribed for school
districts in divisions (F)(2) and (3) of this section, as shall
the committees established by any other entity specified in
division (G)(1) of this section that provides educational services
by employing or contracting for services of classroom teachers
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009. All other entities specified
in division (G)(1) of this section shall structure their
committees in accordance with guidelines which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(G)(1) of this section but provides educational services and
employs or contracts for services of classroom teachers licensed
or certificated under this section or section 3319.222 of the
Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, may establish a local
professional development committee, subject to the approval of the
department of education. The committee shall be structured in
accordance with guidelines issued by the state board.
Sec. 3319.26. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining an
alternative resident educator license for teaching in grades
kindergarten to twelve, or the equivalent, in a designated subject
area or in the area of intervention specialist, as defined by rule
of the state board. The rules shall also include the reasons for
which an alternative resident educator license may be renewed
under division (D) of this section.
(B) The superintendent of public instruction and the
chancellor of the Ohio board of regents jointly shall develop an
intensive pedagogical training institute to provide instruction in
the principles and practices of teaching for individuals seeking
an alternative resident educator license. The instruction shall
cover such topics as student development and learning, pupil
assessment procedures, curriculum development, classroom
management, and teaching methodology.
(C) The rules adopted under this section shall require
applicants for the alternative resident educator license to
satisfy the following conditions prior to issuance of the license,
but they shall not require applicants to have completed a major in
the subject area for which application is being made:
(1) Hold a minimum of a baccalaureate degree;
(2) Successfully complete the pedagogical training institute
described in division (B) of this section or a summer training
institute provided to participants of a teacher preparation
program that is operated by a nonprofit organization and has been
approved by the chancellor. The chancellor shall approve any such
program that requires participants to hold a bachelor's degree;
have a cumulative undergraduate grade point average of at least
2.5 out of 4.0, or its equivalent; and successfully complete the
program's summer training institute.
(3) Pass an examination in the subject area for which
application is being made.
(D) An alternative resident educator license shall be valid
for four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A) of this section. The state board, on a case-by-case basis, may
extend the license's duration as necessary to enable the license
holder to complete the Ohio teacher residency program established
under section 3319.223 of the Revised Code.
(E) The rules shall require the holder of an alternative
resident educator license, as a condition of continuing to hold
the license, to do all of the following:
(1) Participate in the Ohio teacher residency program;
(2) Show satisfactory progress in taking and successfully
completing one of the following:
(a) At least twelve additional semester hours, or the
equivalent, of college coursework in the principles and practices
of teaching in such topics as student development and learning,
pupil assessment procedures, curriculum development, classroom
management, and teaching methodology;
(b) Professional development provided by a teacher
preparation program that has been approved by the chancellor under
division (C)(2) of this section.
(3) Take an assessment of professional knowledge in the
second year of teaching under the license.
(F) The rules shall provide for the granting of a
professional educator license to a holder of an alternative
resident educator license upon successfully completing all of the
following:
(1) Four years of teaching under the alternative license;
(2) The additional college coursework or professional
development described in division (E)(2) of this section;
(3) The assessment of professional knowledge described in
division (E)(3) of this section. The standards for successfully
completing this assessment and the manner of conducting the
assessment shall be the same as for any other individual who is
required to take the assessment pursuant to rules adopted by the
state board under section 3319.22 of the Revised Code.
(4) The Ohio teacher residency program;
(5) All other requirements for a professional educator
license adopted by the state board under section 3319.22 of the
Revised Code.
(G) A person who is assigned to teach in this state as a
participant in the teach for America program or who has completed
two years of teaching in another state as a participant in that
program shall be eligible for a license only under section
3319.227 of the Revised Code and shall not be eligible for a
license under this section.
Sec. 3324.07. (A) The board of education of each school
district shall develop a plan for the service of gifted students
enrolled in the district that are identified under section 3324.03
of the Revised Code. Services specified in the plan developed by
each board may include such options as the following:
(1) A differentiated curriculum;
(4) Accelerated course work;
(5) The post-secondary enrollment option college credit plus
program under Chapter 3365. of the Revised Code;
(9) Self-contained classrooms;
(11) Other options identified in rules adopted by the
department of education.
(B) Each board shall file the plan developed under division
(A) of this section with the department of education by December
15, 2000. The department shall review and analyze each plan to
determine if it is adequate and to make funding estimates.
(C) Unless otherwise required by law, rule, or as a condition
for receipt of funds, school boards may implement the plans
developed under division (A) of this section, but shall not be
required to do so until further action by the general assembly or
the state superintendent of public instruction.
Sec. 3324.09. Not later than the thirty-first day of July of
each year, each school district shall submit a report to the
department of education detailing its spending of the funds it
received for the previous fiscal year under division (A)(7) of
section 3317.022 of the Revised Code for the identification of and
services provided to the district's gifted students.
Sec. 3324.11. No rule adopted by the state board of education
pursuant to this chapter, section 3301.07 of the Revised Code, or
any other provision of the Revised Code shall permit a school
district to report that it has provided services to a student
identified as gifted unless those services are paid for by the
district.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Sec. 3326.36. The department of education shall reduce the
amounts paid to a science, technology, engineering, and
mathematics school under section 3326.33 of the Revised Code to
reflect payments made to colleges under division (B) of section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code. A student shall be considered enrolled in the
school for any portion of the school year the student is attending
a college under Chapter 3365. of the Revised Code.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter
3365. of the Revised Code as if the school were a school district
and the school's board of trustees were a district board of
education.
Sec. 3331.04. Whenever an age and schooling certificate is
applied for by a child over sixteen years of age who is unable to
pass a test for the completion of the work of the seventh grade
and who is not so below the normal in mental development that the
child cannot profit from further schooling participating in a
program that, upon successful completion of instruction, will
result in the child receiving an industry-recognized credential, a
journeyman certification as recognized by the United States
department of labor, or full-time employment, an age and schooling
certificate may be issued by the superintendent of schools to such
child upon proof acceptable to such superintendent of the
following facts and upon agreement to the respective conditions
made in writing by the child and by the parents, guardian, or
custodian in charge of such child:
(A) That the child is addicted to no habit which is likely to
detract from the child's reliability or effectiveness as a worker,
or proper use of the child's earnings or leisure, or the
probability of the child's faithfully carrying out the conditions
to which the child agrees as specified in division (B) of this
section, and in addition any one of the following groups of facts:
(1) That the child has been a resident of the school district
for the last two years, has diligently attended upon instruction
at school for the last two years, and is able to read, write, and
perform the fundamental operations of arithmetic. These abilities
shall be judged by the superintendent.
(2) That the child having been a resident of the school
district less than two years, diligently attended upon instruction
in school in the district in which the child was a resident next
preceding the child's residence in the present district for the
last school year preceding the child's
removal to residence in the
present district, and has diligently attended upon instruction in
the schools of the present district for the period that the child
has been a resident thereof;
(3) That the child has removed to resided in the present
school district since the beginning of the last annual school
session, and that instruction adapted to the child's needs is not
provided in the regular day schools in the district;
(4) That the child is not sufficiently familiar with the
English language to be properly instructed in the full-time day
schools of the district;
(5) That conditions are such that the child must provide for
the child's own support or the support of the child's own child or
that the child is needed for the support or care of parents or for
the support or care of brothers or sisters for whom the parents
are unable to provide and that the child is desirous of working
for the support or care of self or of the child's own child or of
such parents or siblings and that such child cannot render such
needed support or care by a reasonable effort outside of school
hours; but no age and schooling certificate shall be granted to a
child of this group upon proof of such facts without written
consent given to the superintendent by the juvenile judge and by
the department of job and family services.
(B)(1) In case the certificate is granted under division
(A)(1), (2), (3), or (5) of this section, that until reaching the
age of eighteen years the child will diligently attend in addition
to part-time classes, such evening classes as will add to the
child's education for literacy, citizenship, or vocational
preparation which may be made available to the child in the school
district and which the child may be directed to attend by the
superintendent, or in case no such classes are available, that the
child will pursue such reading and study and report monthly
thereon as may be directed by the superintendent;
(2) In case the certificate is granted under division (A)(4)
of this section, that until the age of eighteen years the child
will attend in addition to part-time classes, such evening classes
as will assist the child to learn the English language or advance
in Americanization which may be made available to the child in the
school district and which the child may be directed to attend by
the superintendent.
Sec. 3333.041. (A) On or before the last day of December of
each year, the chancellor of the Ohio board of regents shall
submit to the governor and, in accordance with section 101.68 of
the Revised Code, the general assembly a report or reports
concerning all of the following:
(1) The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution
of higher education and the percentage of each district's
graduates enrolled in a state institution of higher education
during the reporting period who were required during such period
by the college or university, as a prerequisite to enrolling in
those courses generally required for first-year students, to
enroll in a remedial course in English, including composition or
reading, mathematics, and any other area designated by the
chancellor. The chancellor also shall make the information
described in division (A)(1) of this section available to the
board of education of each city, exempted village, and local
school district.
Each state institution of higher education shall, by the
first day of November of each year, submit to the chancellor in
the form specified by the chancellor the information the
chancellor requires to compile the report.
(2) Aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised
Code or the alternative student academic progress measure if
adopted under division (C)(1)(e) of section 3302.03 of the Revised
Code. The chancellor shall aggregate the data by graduating class
for each approved teacher preparation program, except that if a
particular class has ten or fewer graduates to which this section
applies, the chancellor shall report the data for a group of
classes over a three-year period. In no case shall the report
identify any individual graduate. The department of education
shall share any data necessary for the report with the chancellor.
(3) The following information with respect to the Ohio
tuition trust authority:
(a) The name of each investment manager that is a minority
business enterprise or a women's business enterprise with which
the chancellor contracts;
(b) The amount of assets managed by investment managers that
are minority business enterprises or women's business enterprises,
expressed as a percentage of assets managed by investment managers
with which the chancellor has contracted;
(c) Efforts by the chancellor to increase utilization of
investment managers that are minority business enterprises or
women's business enterprises.
(4) A description of dual enrollment advanced standing
programs, as defined in section 3313.6013 of the Revised Code,
that are offered by school districts, community schools
established under Chapter 3314. of the Revised Code, STEM schools
established under Chapter 3326. of the Revised Code,
college-preparatory boarding schools established under Chapter
3328. of the Revised Code, and chartered nonpublic high schools.
The chancellor also shall post the information on the chancellor's
web site.
(5) The chancellor's strategy in assigning choose Ohio first
scholarships, as established under section 3333.61 of the Revised
Code, among state universities and colleges and how the actual
awards fit that strategy.
(6) The academic and economic impact of the Ohio
co-op/internship program established under section 3333.72 of the
Revised Code. At a minimum, the report shall include the
following:
(a) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(c) The chancellor's strategy in allocating awards among
state institutions of higher education and how the actual awards
fit that strategy.
(B) As used in this section:
(1) "Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.
(2) "State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.
(3) "State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(4) "Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint
venture of any kind, that is owned and controlled by women who are
United States citizens and residents of this state.
Sec. 3333.35. The state board of education and the
chancellor of the Ohio board of regents shall strive to reduce
unnecessary student remediation costs incurred by colleges and
universities in this state, increase overall access for students
to higher education, enhance the
post-secondary enrollment options
college credit plus program in accordance with Chapter 3365. of
the Revised Code, and enhance the alternative resident educator
licensure program in accordance with section 3319.26 of the
Revised Code.
Sec. 3333.43. This section does not apply to any
baccalaureate degree program that is a cooperative education
program, as defined in section 3333.71 of the Revised Code.
(A) The chancellor of the Ohio board of regents shall require
all state institutions of higher education that offer
baccalaureate degrees, as a condition of reauthorization for
certification of each baccalaureate program offered by the
institution, to submit a statement describing how each major for
which the school offers a baccalaureate degree may be completed
within three academic years. The chronology of the statement shall
begin with the fall semester of a student's first year of the
baccalaureate program.
(B) The statement required under this section may include,
but not be limited to, any of the following methods to contribute
to earning a baccalaureate degree in three years:
(1) Advanced placement credit;
(2) International baccalaureate program credit;
(3) A waiver of degree and credit-hour requirements by
completion of courses that are widely available at community
colleges in the state or through online programs offered by state
institutions of higher education or private nonprofit institutions
of higher education holding certificates of authorization under
Chapter 1713. of the Revised Code, and through courses taken by
the student through the post-secondary enrollment options college
credit plus program under Chapter 3365. of the Revised Code;
(4) Completion of coursework during summer sessions;
(5) A waiver of foreign-language degree requirements based on
a proficiency examination specified by the institution.
(C)(1) Not later than October 15, 2012, each state
institution of higher education shall provide statements required
under this section for ten per cent of all baccalaureate degree
programs offered by the institution.
(2) Not later than June 30, 2014, each state institution of
higher education shall provide statements required under this
section for sixty per cent of all baccalaureate degree programs
offered by the institution.
(D) Each state institution of higher education required to
submit statements under this section shall post its three-year
option on its web site and also provide that information to the
department of education. The department shall distribute that
information to the superintendent, high school principal, and
guidance counselor, or equivalents, of each school district,
community school established under Chapter 3314. of the Revised
Code, and STEM school established under Chapter 3326. of the
Revised Code.
(E) Nothing in this section requires an institution to take
any action that would violate the requirements of any independent
association accrediting baccalaureate degree programs.
Sec. 3333.86. The chancellor of the Ohio board of regents
may determine the manner in which a course included in the
clearinghouse may be offered as a dual enrollment an advanced
standing program as defined in section 3313.6013 of the Revised
Code, may be offered to students who are enrolled in nonpublic
schools or are instructed at home pursuant to section 3321.04 of
the Revised Code, or may be offered at times outside the normal
school day or school week, including any necessary additional fees
and methods of payment for a course so offered.
Sec. 3345.06. (A) Subject to divisions (B) and (C) of this
section, a graduate of the twelfth grade shall be entitled to
admission without examination to any college or university which
is supported wholly or in part by the state, but for unconditional
admission may be required to complete such units not included in
the graduate's high school course as may be prescribed, not less
than two years prior to the graduate's entrance, by the faculty of
the institution.
(B) Beginning with the 2014-2015 academic year, each state
university listed in section 3345.011 of the Revised Code, except
for Central state university, Shawnee state university, and
Youngstown state university, shall permit a resident of this state
who entered ninth grade for the first time on or after July 1,
2010, to begin undergraduate coursework at the university only if
the person has successfully completed the Ohio core curriculum for
high school graduation prescribed in division (C) of section
3313.603 of the Revised Code, unless one of the following applies:
(1) The person has earned at least ten semester hours, or the
equivalent, at a community college, state community college,
university branch, technical college, or another post-secondary
institution except a state university to which division (B) of
this section applies, in courses that are college-credit-bearing
and may be applied toward the requirements for a degree. The
university shall grant credit for successful completion of those
courses pursuant to any applicable articulation and transfer
policy of the Ohio board of regents or any agreements the
university has entered into in accordance with policies and
procedures adopted under section 3333.16, 3313.161 3333.161, or
3333.162 of the Revised Code. The university may count college
credit that the student earned while in high school through the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code, or through other dual
enrollment advanced standing programs, toward the requirements of
division (B)(1) of this section if the credit may be applied
toward a degree.
(2) The person qualified to graduate from high school under
division (D) or (F) of section 3313.603 of the Revised Code and
has successfully completed the topics or courses that the person
lacked to graduate under division (C) of that section at any
post-secondary institution or at a summer program at the state
university. A state university may admit a person for enrollment
contingent upon completion of such topics or courses or summer
program.
(3) The person met the high school graduation requirements by
successfully completing the person's individualized education
program developed under section 3323.08 of the Revised Code.
(4) The person is receiving or has completed the final year
of instruction at home as authorized under section 3321.04 of the
Revised Code, or has graduated from a nonchartered, nonpublic
school in Ohio, and demonstrates mastery of the academic content
and skills in reading, writing, and mathematics needed to
successfully complete introductory level coursework at an
institution of higher education and to avoid remedial coursework.
(5) The person is a high school student participating in the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code or another dual enrollment
advanced standing program.
(C) A state university subject to division (B) of this
section may delay admission for or admit conditionally an
undergraduate student who has successfully completed the Ohio core
curriculum if the university determines the student requires
academic remedial or developmental coursework. The university may
delay admission pending, or make admission conditional upon, the
student's successful completion of the academic remedial or
developmental coursework at a university branch, community
college, state community college, or technical college.
(D)(1) For the purposes of admission to the institution, each
state institution of higher education, as defined in section
3345.011 of the Revised Code, shall accept a sworn affidavit
verifying the successful completion of a student's high school
curriculum from either of the following:
(a) If the student was enrolled in a chartered nonpublic
school, the chief administrator of that school;
(b) If the student was excused from attendance at school for
the purpose of home instruction under section 3321.04 of the
Revised Code, the student's parent or guardian.
Notwithstanding anything in the Revised Code to the contrary,
the affidavit shall fulfill any admission criteria requiring proof
of the successful completion of that student's applicable high
school curriculum.
(2) For the purposes of admission to a state institution of
higher education, no institution shall discriminate against any
student to which division (D) of this section applies solely on
the manner in which the student received instruction in order to
successfully fulfill the high school curriculum applicable to that
student.
(E) This section does not deny the right of a college of law,
medicine, or other specialized education to require college
training for admission, or the right of a department of music or
other art to require particular preliminary training or talent.
Sec. 3365.01. As used in this chapter:
(A) "Articulated credit" means post-secondary credit that is
reflected on the official record of a student at an institution of
higher education only upon enrollment at that institution after
graduation from a secondary school.
(B) "Default ceiling amount" means one of the following
amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((0.83 X formula amount) / 30)
X number of enrolled credit hours
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((0.83 X formula amount) / 45)
X number of enrolled credit hours
(C) "Default floor amount" means twenty-five per cent of the
default ceiling amount.
(D) "Eligible out-of-state college" means any institution of
higher education that is located outside of Ohio and is approved
by the chancellor of the Ohio board of regents to participate in
the college credit plus program.
(E) "Fee" means any course-related fee and any other fee
imposed by the college, but not included in tuition, for
participation in the program established by this chapter.
(F) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(G) "Governing entity" means a board of education of a school
district, a governing authority of a community school established
under Chapter 3314., a governing body of a STEM school established
under Chapter 3326., or a board of trustees of a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(H) "Home-instructed participant" means a student who has
been excused from the compulsory attendance law for the purpose of
home instruction under section 3321.04 of the Revised Code, and is
participating in the program established by this chapter.
(I) "Maximum per participant charge amount" means one of the
following amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((formula amount / 30)
X number of enrolled credit hours)
- default ceiling amount
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((formula amount / 45)
X number of enrolled credit hours)
– default ceiling amount
(J) "Nonpublic secondary school" means a chartered or
nonchartered school for which minimum standards are prescribed by
the state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(K) "Number of enrolled credit hours" means the number of
credit hours for a course in which a participant is enrolled
during the previous term after the date on which a withdrawal from
a course would have negatively affected the participant's
transcripted grade, as prescribed by the college's established
withdrawal policy.
(L) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(M) "Participant" means any student enrolled in a college
under the program established by this chapter.
(N) "Partnering college" means a college with which a public
or nonpublic secondary school has entered into an agreement in
order to offer the program established by this chapter.
(O) "Partnering secondary school" means a public or nonpublic
secondary school with which a college has entered into an
agreement in order to offer the program established by this
chapter.
(P) "Private college" means any of the following:
(1) A nonprofit institution holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code;
(2) An institution holding a certificate of registration from
the state board of career colleges and schools and program
authorization for an associate or bachelor's degree program issued
under section 3332.05 of the Revised Code;
(3) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code.
(Q) "Public college" means a "state institution of higher
education" in section 3345.011 of the Revised Code, excluding the
northeast Ohio medical university.
(R) "Public secondary school" means a school serving grades
nine through twelve in a city, local, or exempted village school
district, a joint vocational school district, a community school
established under Chapter 3314., a STEM school established under
Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(S) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(T) "Secondary grade" means any of grades nine through
twelve.
(U) "Transcripted credit" means post-secondary credit that is
conferred by an institution of higher education and is reflected
on a student's official record at that institution upon completion
of a course.
Sec. 3365.02. (A) There is hereby established the college
credit plus program under which, beginning with the 2015-2016
school year, a secondary grade student who is a resident of this
state may enroll at a college, on a full- or part-time basis, and
complete nonsectarian, nonremedial courses for high school and
college credit. The program shall govern arrangements in which a
secondary grade student enrolls in a college and, upon successful
completion of coursework taken under the program, receives
transcripted credit from the college, except for any of the
following:
(1) An agreement governing an early college high school
program that meets any of the exemption criteria under division
(E) of section 3313.6013 of the Revised Code;
(2) An advanced placement course or international
baccalaureate diploma course, as described in divisions (A)(2) and
(3) of section 3313.6013 of the Revised Code;
(3) Until July 1, 2016, a career-technical education program
that is approved by the department of education under section
3317.161 of the Revised Code and grants articulated credit to
students participating in that program.
(B) Any student enrolled in a public or nonpublic secondary
school in the student's ninth, tenth, eleventh, or twelfth grade
and any student who has been excused from the compulsory
attendance law for the purpose of home instruction under section
3321.04 of the Revised Code and is the equivalent of a ninth,
tenth, eleventh, or twelfth grade student, may participate in the
program, if the student meets the applicable eligibility criteria
in section 3365.03 of the Revised Code.
(C) All public secondary schools and all public colleges
shall participate in the program and are subject to the
requirements of this chapter. Any nonpublic secondary school or
private college that chooses to participate in the program shall
also be subject to the requirements of this chapter.
(D) The state board of education, in accordance with Chapter
119. of the Revised Code and in consultation with the chancellor
of the Ohio board of regents, shall adopt rules governing the
program.
Sec. 3365.03. (A) A student enrolled in a public or nonpublic
secondary school during the student's ninth, tenth, eleventh, or
twelfth grade school year or a student who has been excused from
the compulsory attendance law for the purpose of home instruction
under section 3321.04 of the Revised Code and is the equivalent of
a ninth, tenth, eleventh, or twelfth grade student, may apply to
and enroll in a college under the college credit plus program.
(1) In order for a public secondary school student to
participate in the program, all of the following criteria shall be
met:
(a) The student or the student's parent shall inform the
principal, or equivalent, of the student's school by the first day
of April of the student's intent to participate in the program
during the following school year. Any student who fails to provide
the notification by the required date may not participate in the
program during the following school year without the written
consent of the principal, or equivalent. If a student seeks
consent from the principal after failing to provide notification
by the required date, the principal shall notify the department of
education of the student's intent to participate within ten days
of the date on which the student seeks consent. If the principal
does not provide written consent, the student may appeal the
principal's decision to the state board of education. Not later
than thirty days after the notification of the appeal, the state
board shall hear the appeal and shall make a decision to either
grant or deny that student's participation in the program.
(b) The student shall both:
(i) Apply to a public or a participating private college, or
an eligible out-of-state college participating in the program, in
accordance with the college's established procedures for
admission, pursuant to section 3365.05 of the Revised Code;
(ii) Meet the college's established standards for admission
and for course placement, including course-specific capacity
limitations, pursuant to section 3365.05 of the Revised Code.
(c) The student shall elect at the time of enrollment to
participate under either division (A) or (B) of section 3365.06 of
the Revised Code for each course under the program.
(d) The student and the student's parent shall sign a form,
provided by the school, stating that they have received the
counseling required under division (B) of section 3365.04 of the
Revised Code and that they understand the responsibilities they
must assume in the program.
(2) In order for a nonpublic secondary school or
home-instructed student to participate in the program, both of the
following criteria shall be met:
(a) The student shall meet the criteria in divisions
(A)(1)(b) and (c) of this section.
(b)(i) If the student is enrolled in a nonpublic secondary
school, that student shall send to the department of education a
copy of the student's acceptance from a college and an
application. The application shall be made on forms provided by
the state board of education and shall include information about
the student's proposed participation, including the school year in
which the student wishes to participate; the semesters or terms
the student wishes to enroll during such year; the student's
expected full-time equivalency percentage for each such semester
or term; and the percentage of the school day each such semester
or term that the student expects to be enrolled in programs
provided by a college under division (B) of section 3365.06 of the
Revised Code. The department shall mark each application with the
date and time of receipt.
(ii) If the student is home-instructed, the parent or
guardian of that student shall notify the department by the first
day of April prior to the school year in which the student wishes
to participate.
(B) Except as provided for in division (C) of this section
and in sections 3365.031 and 3365.032 of the Revised Code:
(1) No public secondary school shall prohibit a student
enrolled in that school from participating in the program if that
student meets all of the criteria in division (A)(1) of this
section.
(2) No participating nonpublic secondary school shall
prohibit a student enrolled in that school from participating in
the program if the student meets all of the criteria in division
(A)(2) of this section and, if the student is enrolled under
division (B) of section 3365.06 of the Revised Code, the student
is awarded funding from the department in accordance with rules
adopted by the state board, in consultation with the chancellor,
pursuant to section 3365.071 of the Revised Code.
(C) For purposes of this section, during the period of an
expulsion imposed by a public secondary school, a student is
ineligible to apply to enroll in a college under this section,
unless the student is admitted to another public secondary or
participating nonpublic secondary school. If a student is enrolled
in a college under this section at the time the student is
expelled, the student's status for the remainder of the college
term in which the expulsion is imposed shall be determined under
section 3365.032 of the Revised Code.
(D) Upon a student's graduation from high school,
participation in the college credit plus program shall not affect
the student's eligibility at any public college for scholarships
or for other benefits or opportunities that are available to
first-time college students and are awarded by that college,
regardless of the number of credit hours that the student
completed under the program.
Sec. 3365.06 3365.031. (A) A student in grade nine may not
enroll in courses under this chapter for which the student elects
under division (B) of section 3365.04 3365.06 of the Revised Code
to receive credit toward high school graduation for more than the
equivalent of four academic school years. A student enrolling in
courses under this chapter may not enroll in courses in which the
student elects to receive credit toward high school graduation for
more than the equivalent of:
(1) Three academic school years, if the student so enrolls
for the first time in grade ten;
(2) Two academic school years, if the student so enrolls for
the first time in grade eleven;
(3) One academic school year, if the student so enrolls for
the first time in grade twelve.
These (B) The restrictions prescribed in division (A) of this
section shall be reduced proportionately for any such student who
enrolls in the program during the course of a school year in
accordance with rules adopted under section 3365.02 of the Revised
Code.
(B) In considering the admission of any secondary student, a
college shall give priority to its other students regarding
enrollment in courses. However, once a student has been accepted
in a course as a participant, the institution shall not displace
the participant for another student.
Sec. 3365.041 3365.032. (A) When a school district
superintendent, the governing authority of a community school, or
the chief administrative officer of a STEM public secondary school
expels a student under division (B) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, in accordance
with the school's bylaws adopted pursuant to section 3328.13 of
the Revised Code, the district superintendent, governing
authority, or chief administrative officer or equivalent, shall
send a written notice of the expulsion to any college in which the
expelled student is enrolled under section 3365.03 of the Revised
Code at the time the expulsion is imposed. The notice shall
indicate the date the expulsion is scheduled to expire. The notice
also shall indicate whether the district board of education,
community school governing authority, or the STEM school has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code to deny high school credit for post-secondary courses taken
under the college credit plus program during an expulsion. If the
expulsion is extended under division (F) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code, the district superintendent,
community school governing authority, or STEM school chief
administrative officer
or equivalent, shall notify the college of
the extension.
(B) A college may withdraw its acceptance under section
3365.03 of the Revised Code of a student who is expelled from
school under division (B) of section 3313.66 of the Revised Code
or, for a college-preparatory boarding school, in accordance with
the school's bylaws adopted pursuant to section 3328.13 of the
Revised Code. As provided in section 3365.03 of the Revised Code,
regardless of whether the college withdraws its acceptance of the
student for the college term in which the student is expelled, the
student is ineligible to enroll in a college under that section
for subsequent college terms during the period of the expulsion,
unless the student enrolls in another
public school
district or
community school, or a participating nonpublic school during that
period.
If a college withdraws its acceptance of an expelled student
who elected either option of division (A)(1) or (2) of section
3365.04 3365.06 of the Revised Code, the college shall refund
tuition and fees paid by the student in the same proportion that
it refunds tuition and fees to students who voluntarily withdraw
from the college at the same time in the term.
If a college withdraws its acceptance of an expelled student
who elected the option of division (B) of section 3365.04 3365.06
of the Revised Code, the public school district, community school,
or STEM school shall not award high school credit for the college
courses in which the student was enrolled at the time the college
withdrew its acceptance, and any reimbursement under section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code for the student's attendance prior to the
withdrawal shall be the same as would be paid for a student who
voluntarily withdrew from the college at the same time in the
term. If the withdrawal results in the college's receiving no
reimbursement, the college or secondary school may require the
student to return or pay for the any textbooks and materials it
provided the student free of charge
under section 3365.08 of the
Revised Code.
(C) When a student who elected the option of division (B) of
section 3365.04 3365.06 of the Revised Code is expelled under
division (B) of section 3313.66 of the Revised Code or, for a
college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code from a public school district, community school, or STEM
school that has adopted a policy under section 3313.613 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code to deny high school credit for courses
taken under the college credit plus program during an expulsion,
that election is automatically revoked for all college courses in
which the student is enrolled during the college term in which the
expulsion is imposed. Any reimbursement under section 3365.07 of
the Revised Code or through alternative funding agreements entered
into under rules adopted under section 3365.12 of the Revised Code
for the student's attendance prior to the expulsion shall be the
same as would be paid for a student who voluntarily withdrew from
the college at the same time in the term. If the revocation
results in the college's receiving no reimbursement, the college
or secondary school may require the student to return or pay for
the any textbooks and materials it provided the student free of
charge
under section 3365.08 of the Revised Code.
No Not later than five days after receiving an expulsion
notice from the superintendent of a district, the governing
authority of a community school, or the chief administrative
officer of a STEM, or equivalent, of a public school that has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code, the college shall send a written notice to the expelled
student that the student's election of division (B) of section
3365.04 3365.06 of the Revised Code is revoked. If the college
elects not to withdraw its acceptance of the student, the student
shall pay all applicable tuition and fees for the college courses
and shall pay for the any textbooks and materials that the college
or secondary school provided under section 3365.08 of the Revised
Code to the student.
Sec. 3365.033. (A) Notwithstanding anything to the contrary
in Chapter 3365. of the Revised Code, any student enrolled in a
public or nonpublic secondary school in the student's seventh or
eighth grade and any student who has been excused from the
compulsory attendance law for the purpose of home instruction
under section 3321.04 of the Revised Code and is the equivalent of
a seventh or eighth grade student, may participate in the college
credit plus program, if the student meets the applicable
eligibility criteria required of secondary grade students for
participation. Participants under this section shall be subject to
the same requirements as secondary grade participants under this
chapter.
(B) Participants under this section shall receive high school
and college credit for courses taken under the program, in
accordance with the option elected under section 3365.06 of the
Revised Code. High school credit earned under the program shall be
awarded in the same manner as for secondary grade participants.
(C) If a participant under this section elects to have the
college reimbursed under section 3365.07 of the Revised Code for
courses taken under the program, the department shall reimburse
the college in the same manner as for secondary grade participants
in accordance with that section.
(D) Notwithstanding section 3327.01 of the Revised Code, the
parent or guardian of a participant under this section shall be
responsible for any transportation for the participant related to
participation in the program.
Sec. 3365.04. Each public and participating nonpublic
secondary school shall do all of the following with respect to the
college credit plus program:
(A) Provide information about the program prior to the first
day of March of each year to all students enrolled in grades six
through eleven;
(B) Provide counseling services to students in grades six
through eleven and to their parents before the students
participate in the program under this chapter to ensure that
students and parents are fully aware of the possible consequences
and benefits of participation. Counseling information shall
include:
(2) The process for granting academic credits;
(3) Any necessary financial arrangements for tuition,
textbooks, and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) Communicating the possible consequences and benefits of
participation, including all of the following:
(a) The consequences of failing or not completing a course
under the program, including the effect on the student's ability
to complete the secondary school's graduation requirements;
(b) The effect of the grade attained in a course under the
program being included in the student's grade point average, as
applicable;
(c) The benefits to the student for successfully completing a
course under the program, including the ability to reduce the
overall costs of, and the amount of time required for, a college
education.
(8) The academic and social responsibilities of students and
parents under the program;
(9) Information about and encouragement to use the counseling
services of the college in which the student intends to enroll;
(10) The standard packet of information for the program
developed by the chancellor of the Ohio board of regents pursuant
to section 3365.15 of the Revised Code;
For a participating nonpublic secondary school, counseling
information shall also include an explanation that funding may be
limited and that not all students who wish to participate may be
able to do so.
(C) Promote the program on the school's web site, including
the details of the school's current agreements with partnering
colleges;
(D) Schedule at least one informational session per school
year to allow each partnering college that is located within
thirty miles of the school to meet with interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering colleges
located within thirty miles of the school, the school shall
coordinate with the closest partnering college to offer an
informational session.
(E) Implement a policy for the awarding of grades and the
calculation of class standing for courses taken under division
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy
adopted under this division shall be equivalent to the school's
current policy for courses taken under the advanced standing
programs described in divisions (A)(2) and (3) of section
3313.6013 of the Revised Code. If the current policy includes
awarding a weighted grade or enhancing a student's class standing
for courses taken under these programs, the policy adopted under
this section shall also provide for these procedures to be applied
to courses taken under the college credit plus program.
(F) Develop model course pathways, pursuant to section
3365.13 of the Revised Code, and publish the course pathways among
the school's official list of course offerings for the program.
(G) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
Sec. 3365.05. Each public and participating private college
shall do all of the following with respect to the college credit
plus program:
(A) Apply established standards and procedures for admission
to the college and for course placement for participants. When
determining admission and course placement, the college shall do
all of the following:
(1) Consider all available student data that may be an
indicator of college readiness, including grade point average and
end-of-course examination scores, if applicable;
(2) Give priority to its current students regarding
enrollment in courses. However, once a participant has been
accepted into a course, the college shall not displace the
participant for another student.
(3) Adhere to any capacity limitations that the college has
established for specified courses.
(B) Send written notice to a participant, the participant's
parent, the participant's secondary school, and the superintendent
of public instruction, not later than fourteen calendar days prior
to the first day of classes for that term, of the participant's
admission to the college and to specified courses under the
program.
(C) Provide both of the following, not later than twenty-one
calendar days after the first day of classes for that term, to
each participant, participant's secondary school, and the
superintendent of public instruction:
(1) The courses and hours of enrollment of the participant;
(2) The option elected by the participant under division (A)
or (B) of section 3365.06 of the Revised Code for each course.
The college shall also provide to each partnering school a
roster of participants from that school that are enrolled in the
college and a list of course assignments for each participant.
(D) Promote the program on the college's web site, including
the details of the college's current agreements with partnering
secondary schools.
(E) Coordinate with each partnering secondary school that is
located within thirty miles of the college to present at least one
informational session per school year for interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering schools
located within thirty miles of the college, the college shall
coordinate with the closest partnering school to offer an
informational session.
(F) Assign an academic advisor that is employed by the
college to each participant enrolled in that college. Prior to the
date on which a withdrawal from a course would negatively affect a
participant's transcripted grade, as prescribed by the college's
established withdrawal policy, the college shall ensure that the
academic advisor and the participant meet at least once to discuss
the program and the courses in which the participant is enrolled.
(G) Do both of the following with regard to high school
teachers that are teaching courses for the college at a secondary
school under the program:
(1) Provide at least one professional development session per
school year;
(2) Conduct at least one classroom observation per school
year for each course that is authorized by the college and taught
by a high school teacher to ensure that the course meets the
quality of a college-level course.
(H) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
(I) With the exception of divisions (D) and (E) of this
section, any eligible out-of-state college participating in the
college credit plus program shall be subject to the same
requirements as a participating private college under this
section.
Sec. 3365.04 3365.06. The rules adopted under section
3365.02 of the Revised Code shall provide for students
participants to enroll in courses under either of the following
options:
(A) The student participant may elect at the time of
enrollment to be responsible for payment of all tuition and the
cost of all textbooks, materials, and fees associated with the
course. The college shall notify the student participant about
payment of tuition and fees in the customary manner followed by
the college. A student participant electing this option also shall
elect, at the time of enrollment, whether to receive only college
credit or high school credit and college credit for the course.
(1) The student participant may elect to receive only college
credit for the course. Except as provided in section 3365.041
3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, but the board of
education, community school governing authority, STEM governing
entity of a public secondary school, or nonpublic the governing
body of a participating nonpublic secondary school shall not award
the high school credit.
(2) The student participant may elect to receive both high
school credit and college credit for the course. Except as
provided in section
3365.041 3365.032 of the Revised Code, if the
student participant successfully completes the course, the college
shall award the student participant full credit for the course and
the board of education, community school governing authority, STEM
governing entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit.
(B) The student participant may elect at the time of
enrollment for each course to have the college reimbursed under
section 3365.07 of the Revised Code or as provided in alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. Except as provided in section
3365.041 3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, and the board of
education, community school governing authority, STEM governing
entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit, and the college shall be reimbursed in
accordance with section 3365.07 of the Revised Code or alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. If the participant elects to have the
college reimbursed under this division, the department shall
reimburse the college for the number of enrolled credit hours in
accordance with section 3365.07 of the Revised Code.
When determining a school district's formula ADM enrollment
under section 3317.03 of the Revised Code, the time a participant
is attending courses under division (A) of this section shall be
considered as time the participant is not attending or enrolled in
school anywhere, and the time a participant is attending courses
under division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.07. The department of education shall calculate
and pay state funds to colleges for participants in the college
credit plus program under division (B) of section 3365.06 of the
Revised Code pursuant to this section. For a nonpublic secondary
school or home-instructed participant, the department shall pay
state funds pursuant to this section only if that participant is
awarded funding according to rules adopted by the state board of
education, in consultation with the chancellor of the Ohio board
of regents, pursuant to section 3365.071 of the Revised Code. The
program shall be the sole mechanism by which state funds are paid
to colleges for students to earn college-level credit while
enrolled in a secondary school, with the exception of the programs
listed in division (A) of section 3365.02 of the Revised Code.
(A) For each public or nonpublic secondary school participant
enrolled in a public college:
(1) If no agreement has been entered into under division
(A)(2) of this section, both of the following shall apply:
(a) The department shall pay to the college the applicable
amount as follows:
(i) For a participant enrolled in a college course delivered
on the college campus, at another location operated by the
college, or online, the default ceiling amount;
(ii) For a participant enrolled in a college course delivered
at the participant's secondary school but taught by college
faculty, fifty per cent of the default ceiling amount;
(iii) For a participant enrolled in a college course
delivered at the participant's secondary school and taught by a
high school teacher who has met the credential requirements
established for purposes of the program in rules adopted by the
chancellor of the Ohio board of regents, the default floor amount.
(b) The participant's secondary school shall pay for
textbooks, and the college shall waive payment of all other fees
related to participation in the program.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments for each participant made by the
department may be less than the default floor amount. However, no
payments made by the department under such an agreement shall be
more than the default ceiling amount. If no agreement is entered
into under division (A)(2) of this section, both of the following
shall apply:
(a) The department shall pay to the college the applicable
default amounts prescribed by division (A)(1)(a) of this section,
depending upon the method of delivery and instruction.
(b) In accordance with division (A)(1)(b) of this section,
the participant's secondary school shall pay for textbooks, and
the college shall waive payment of all other fees related to
participation in the program.
(3) No participant that is enrolled in a public college shall
be charged for any tuition, textbooks, or other fees related to
participation in the program.
(B) For each public secondary school participant enrolled in
a private college:
(1) If no agreement has been entered into under division
(B)(2) of this section, the department shall pay to the college
the applicable amount calculated in the same manner as in division
(A)(1)(a) of this section.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments may be less than the default
floor amount. However, no payments made by the department under
such an agreement shall be more than the default ceiling amount.
If no agreement is entered into under division (B)(2) of this
section, the department shall pay to the college the applicable
default amounts prescribed by division (A)(1)(a) of this section,
depending upon the method of delivery and instruction.
If an agreement is entered into under this division, the
agreement may include a stipulation permitting the charging of a
participant. A participant may be charged an amount not to exceed
the maximum per participant charge amount. A participant may be
charged only if all of the following conditions are met:
(a) Payments for the participant made by the department to
the college are not less than the default ceiling amount.
(b) The school provides information to the participant on the
no-cost options available under this chapter.
(c) The participant is not identified as economically
disadvantaged according to rules adopted by the department.
(C) For each nonpublic secondary school participant enrolled
in a private or eligible out-of-state college, the department
shall pay to the college the applicable amount calculated in the
same manner as in division (A)(1)(a) of this section. Payment for
costs for the participant that exceed the amount paid by the
department shall be negotiated by the governing body of the
nonpublic secondary school and the college.
However, under no circumstances shall:
(1) The payments for a participant made by the department
under this division exceed the default ceiling amount.
(2) Any nonpublic secondary school participant, who is
enrolled in that secondary school with a scholarship awarded under
either the educational choice scholarship pilot program, as
prescribed by sections 3310.01 to 3310.17, or the pilot project
scholarship program, as prescribed by sections 3313.974 to
3313.979 of the Revised Code, and who qualifies as a low-income
student under either of those programs, be charged for any
tuition, textbooks, or other fees related to participation in the
college credit plus program.
(D) For each home-instructed participant enrolled in a
public, private, or eligible out-of-state college, the department
shall pay to the college the default ceiling amount, if that
participant is enrolled in a college course delivered on the
college campus, at another location operated by the college, or
online.
(E) Not later than thirty days after the end of each term,
each college expecting to receive payment for the costs of a
participant under this section shall notify the department of the
number of enrolled credit hours for each participant.
(F) Each January and July, or as soon as possible thereafter,
the department shall make the applicable payments under this
section to each college, which provided proper notification to the
department under division (E) of this section, for the number of
enrolled credit hours for participants enrolled in the college
under division (B) of section 3365.06 of the Revised Code. The
department shall not make any payments to a college under this
section if a participant withdrew from a course prior to the date
on which a withdrawal from the course would have negatively
affected the participant's transcripted grade, as prescribed by
the college's established withdrawal policy.
(1) Payments made for public secondary school participants
under this section shall be deducted from the school foundation
payments made to the participant's school district or, if the
participant is enrolled in a community school, a STEM school, or a
college-preparatory boarding school, from the payments made to
that school under section 3314.08, 3326.33, or 3328.34 of the
Revised Code. If the participant is enrolled in a joint vocational
school district, a portion of the amount shall be deducted from
the payments to the joint vocational school district and a portion
shall be deducted from the payments to the participant's city,
local, or exempted village school district in accordance with the
full-time equivalency of the student's enrollment in each
district. Amounts deducted under division (F)(1) of this section
shall be calculated in accordance with rules adopted by the state
board of education, pursuant to division (B) of section 3365.071
of the Revised Code.
(2) Payments made for nonpublic secondary school and
home-instructed participants under this section shall be deducted
from moneys appropriated by the general assembly for such purpose.
Payments shall be allocated and distributed in accordance with
rules adopted by the state board, in consultation with the
chancellor of the Ohio board of regents, pursuant to division (A)
of section 3365.071 of the Revised Code.
(G) Any public college that enrolls a student under division
(B) of section 3365.06 of the Revised Code may include that
student in the calculation used to determine its state share of
instruction funds appropriated to the Ohio board of regents by the
general assembly.
Sec. 3365.071. (A) The state board of education, in
accordance with Chapter 119. of the Revised Code and in
consultation with the chancellor of the Ohio board of regents,
shall adopt rules prescribing a method to allocate and distribute
payments under section 3365.07 of the Revised Code for nonpublic
secondary school and home-instructed participants.
(B) The state board shall also adopt rules establishing a
method to calculate the amounts deducted from a joint vocational
school district and from a participant's city, local, or exempted
village school district for payments under section 3365.07 of the
Revised Code.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code shall furnish to
a participant all textbooks and materials directly related to a
course taken by the participant under division (B) of section
3365.04 of the Revised Code. No college shall charge such
participant for tuition, textbooks, materials, or other fees
directly related to any such course.
(B) No student participant enrolled under this chapter in a
course for which credit toward high school graduation is awarded
shall receive direct financial aid through any state or federal
program.
(C)(B) If a school district provides transportation for
resident school students in grades eleven and twelve under section
3327.01 of the Revised Code, a parent of a pupil participant
enrolled in a course under division (A)(2) or (B) of section
3365.04 3365.06 of the Revised Code may apply to the board of
education for full or partial reimbursement for the necessary
costs of transporting the
student participant between the
secondary school the student participant attends and the college
in which the student participant is enrolled. Reimbursement may be
paid solely from funds received by the district for pupil student
transportation under section 3317.0212 of the Revised Code or
other provisions of law. The state board of education shall
establish guidelines, based on financial need, under which a
district may provide such reimbursement.
(D)(C) If a community school provides or arranges
transportation for its pupils students in grades nine through
twelve under section 3314.091 of the Revised Code, a parent of a
pupil participant of the community school who is enrolled in a
course under division (A)(2) or (B) of section 3365.04 3365.06 of
the Revised Code may apply to the governing authority of the
community school for full or partial reimbursement of the
necessary costs of transporting the student participant between
the community school and the college. The governing authority may
pay the reimbursement in accordance with the state board's rules
adopted under division (C)(B) of this section solely from funds
paid to it under section 3314.091 of the Revised Code.
Sec. 3365.11 3365.09. (A) If Except as provided for in
division (C) of this section, if the superintendent of the school
district or the chief administrator of the community school or
STEM, or equivalent, of a public secondary school in which a
participant is enrolled determines that the participant has not
attained a passing final grade in a college course in which the
participant enrolled under this chapter, the superintendent, or
chief administrator shall equivalent, may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
that college course. The board of education of the school
district, the governing authority of the community school, or the
STEM governing entity of a public school, in accordance with
division (C) of section 3313.642 of the Revised Code, may withhold
grades and credits received by the participant for district or
community high school courses taken by the participant until the
participant or the participant's parent provides reimbursement.
(B) If Except as provided for in division (C) of this
section, if the chief administrator of the a participating
nonpublic school in which a participant is enrolled determines
that the participant has not attained a passing final grade in a
college course in which the participant enrolled under this
chapter, the chief administrator shall may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
enrollment in that college course. Upon the collection of any
funds from a participant or participant's parent under this
division, the chief administrator of a nonpublic school shall send
an amount equal to the funds collected to the superintendent of
public instruction. The superintendent of public instruction shall
credit that amount to the general revenue fund.
(C) Unless the participant was expelled by the school, the
superintendent, or equivalent, or chief administrator shall not
seek reimbursement from a participant or a participant's parent
under division (A) or (B) of this section, if the participant is
identified as economically disadvantaged according to rules
adopted by the department of education.
Sec. 3365.11. Each instructor teaching a course under the
college credit plus program shall meet the credential requirements
set forth in guidelines and procedures established by the
chancellor of the Ohio board of regents. If the guidelines require
high school teachers to take any additional graduate-level
coursework in order to meet the credential requirements, that
coursework shall be applicable to continuing education and
professional development requirements for the renewal of the
teacher's educator license.
Sec. 3365.05 3365.12. (A) All courses offered under the
college credit plus program shall be the same courses that are
included in the partnering college's course catalogue for
college-level, nonremedial courses and shall apply to at least one
degree or professional certification at the partnering college.
(B)(1) High school credit awarded for courses successfully
completed under this chapter shall count toward the graduation
requirements and subject area requirements of the
school district,
community school, STEM public secondary school, or participating
nonpublic secondary school. If a course comparable to one a
student participant completed at a college is offered by the
district or school, the board or school governing entity or
governing body shall award comparable credit for the course
completed at the college. If no comparable course is offered by
the district or school, the board or school governing entity or
governing body shall grant an appropriate number of elective
credits
in a similar subject area to the student participant.
(2) If there is a dispute between a school district board, a
community school governing authority, or a STEM participant's
school and a
student participant regarding high school credits
granted for a course, the
student participant may appeal the
decision to the state board of education. The state board's
decision regarding any high school credits granted under this
section is final.
(C) Evidence of successful completion of each course and the
high school credits awarded by the district or school shall be
included in the student's record. The record shall indicate that
the credits were earned as a participant under this chapter and
shall include the name of the college at which the credits were
earned. The district or school shall determine whether and the
manner in which the grade achieved in a course completed at a
college under division (A)(2) or (B) of section 3365.04 of the
Revised Code will be counted in any cumulative grade point average
maintained for the student.
Sec. 3365.13. (A) Each public secondary school shall
develop, in consultation with at least one public partnering
college, two model pathways for courses offered under the college
credit plus program. One of the model pathways shall be a
fifteen-credit hour pathway and one shall be a thirty-credit hour
pathway. Each pathway shall include courses which, once completed,
all apply to at least one degree or professional certification
offered at the college. The pathways may be organized by desired
major or career path or may include various core courses required
for a degree or professional certification by the college. The
school shall publish the pathways among the school's official list
of course offerings from which a participant may select.
(B) No participant shall be required to enroll only in the
courses included in a model pathway developed under division (A)
of this section. Instead, the pathways shall serve as samples of
the courses that a participant may take, if desired, to earn
multiple credits toward a specified degree or certification.
Sec. 3365.15. The chancellor of the Ohio board of regents
and the superintendent of public instruction jointly shall do all
of the following:
(A) Adopt data reporting guidelines specifying the types of
data that public and participating nonpublic secondary schools and
public and participating private colleges, including eligible
out-of-state colleges participating in the program, must annually
collect, report, and track under division (G) of section 3365.04
and division (H) of section 3365.05 of the Revised Code. The types
of data shall include all of the following:
(1) For each secondary school and college:
(a) The number of participants disaggregated by grade level,
socioeconomic status, race, gender, and disability;
(b) The number of completed courses and credit hours,
disaggregated by the college in which participants were enrolled;
(c) The number of courses in which participants enrolled,
disaggregated by subject area and level of difficulty.
(2) For each secondary school, the number of students who
were denied participation in the program under division (A)(1)(a)
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the
Revised Code. Each participating nonpublic secondary school shall
also include the number of students who were denied participation
due to the student not being awarded funding by the department of
education pursuant to section 3365.071 of the Revised Code.
(a) The number of students who applied to enroll in the
college under the program but were not granted admission;
(b) The average number of completed courses per participant;
(c) The average grade point average for participants in
college courses under the program.
The guidelines adopted under this division shall also include
policies and procedures for the collection, reporting, and
tracking of such data.
(B) Annually compile the data required under division (A) of
this section. Not later than the thirty-first day of December of
each year, the data from the previous school year shall be posted
in a prominent location on both the board of regents' and the
department of education's web sites.
(C) Submit a biennial report detailing the status of the
college credit plus program to the governor, the president of the
senate, the speaker of the house of representatives, and the
chairpersons of the education committees of the senate and house
of representatives. The first report shall be submitted not later
than December 31, 2017, and each subsequent report shall be
submitted not later than the thirty-first day of December every
two years thereafter.
(D) Establish a college credit plus advisory committee to
assist in the development of performance metrics and the
monitoring of the program's progress. At least one member of the
advisory committee shall be a school guidance counselor.
The chancellor shall also, in consultation with the
superintendent, create a standard packet of information for the
college credit plus program directed toward students and parents
that are interested in the program.
Sec. 5747.08. An annual return with respect to the tax
imposed by section 5747.02 of the Revised Code and each tax
imposed under Chapter 5748. of the Revised Code shall be made by
every taxpayer for any taxable year for which the taxpayer is
liable for the tax imposed by that section or under that chapter,
unless the total credits allowed under divisions (E), (F), and (G)
of section 5747.05 of the Revised Code for the year are equal to
or exceed the tax imposed by section 5747.02 of the Revised Code,
in which case no return shall be required unless the taxpayer is
liable for a tax imposed pursuant to Chapter 5748. of the Revised
Code.
(A) If an individual is deceased, any return or notice
required of that individual under this chapter shall be made and
filed by that decedent's executor, administrator, or other person
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice
required by this chapter, the return or notice required of that
individual shall be made and filed by the individual's duly
authorized agent, guardian, conservator, fiduciary, or other
person charged with the care of the person or property of that
individual.
(C) Returns or notices required of an estate or a trust shall
be made and filed by the fiduciary of the estate or trust.
(D)(1)(a) Except as otherwise provided in division (D)(1)(b)
of this section, any pass-through entity may file a single return
on behalf of one or more of the entity's investors other than an
investor that is a person subject to the tax imposed under section
5733.06 of the Revised Code. The single return shall set forth the
name, address, and social security number or other identifying
number of each of those pass-through entity investors and shall
indicate the distributive share of each of those pass-through
entity investor's income taxable in this state in accordance with
sections 5747.20 to 5747.231 of the Revised Code. Such
pass-through entity investors for whom the pass-through entity
elects to file a single return are not entitled to the exemption
or credit provided for by sections 5747.02 and 5747.022 of the
Revised Code; shall calculate the tax before business credits at
the highest rate of tax set forth in section 5747.02 of the
Revised Code for the taxable year for which the return is filed;
and are entitled to only their distributive share of the business
credits as defined in division (D)(2) of this section. A single
check drawn by the pass-through entity shall accompany the return
in full payment of the tax due, as shown on the single return, for
such investors, other than investors who are persons subject to
the tax imposed under section 5733.06 of the Revised Code.
(b)(i) A pass-through entity shall not include in such a
single return any investor that is a trust to the extent that any
direct or indirect current, future, or contingent beneficiary of
the trust is a person subject to the tax imposed under section
5733.06 of the Revised Code.
(ii) A pass-through entity shall not include in such a single
return any investor that is itself a pass-through entity to the
extent that any direct or indirect investor in the second
pass-through entity is a person subject to the tax imposed under
section 5733.06 of the Revised Code.
(c) Nothing in division (D) of this section precludes the tax
commissioner from requiring such investors to file the return and
make the payment of taxes and related interest, penalty, and
interest penalty required by this section or section 5747.02,
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)
of this section precludes such an investor from filing the annual
return under this section, utilizing the refundable credit equal
to the investor's proportionate share of the tax paid by the
pass-through entity on behalf of the investor under division (J)
of this section, and making the payment of taxes imposed under
section 5747.02 of the Revised Code. Nothing in division (D) of
this section shall be construed to provide to such an investor or
pass-through entity any additional deduction or credit, other than
the credit provided by division (J) of this section, solely on
account of the entity's filing a return in accordance with this
section. Such a pass-through entity also shall make the filing and
payment of estimated taxes on behalf of the pass-through entity
investors other than an investor that is a person subject to the
tax imposed under section 5733.06 of the Revised Code.
(2) For the purposes of this section, "business credits"
means the credits listed in section 5747.98 of the Revised Code
excluding the following credits:
(a) The retirement credit under division (B) of section
5747.055 of the Revised Code;
(b) The senior citizen credit under division (C) of section
5747.05 of the Revised Code;
(c) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(d) The dependent care credit under section 5747.054 of the
Revised Code;
(e) The lump sum retirement income credit under division (C)
of section 5747.055 of the Revised Code;
(f) The lump sum retirement income credit under division (D)
of section 5747.055 of the Revised Code;
(g) The lump sum retirement income credit under division (E)
of section 5747.055 of the Revised Code;
(h) The credit for displaced workers who pay for job training
under section 5747.27 of the Revised Code;
(i) The twenty-dollar personal exemption credit under section
5747.022 of the Revised Code;
(j) The joint filing credit under division (G) of section
5747.05 of the Revised Code;
(k) The nonresident credit under division (A) of section
5747.05 of the Revised Code;
(l) The credit for a resident's out-of-state income under
division (B) of section 5747.05 of the Revised Code;
(m) The low-income credit under section 5747.056 of the
Revised Code;
(n) The earned income tax credit under section 5747.71 of the
Revised Code;
(o) The credit for law enforcement officer school volunteers
or retired law enforcement officer school volunteers under section
5747.64 of the Revised Code.
(3) The election provided for under division (D) of this
section applies only to the taxable year for which the election is
made by the pass-through entity. Unless the tax commissioner
provides otherwise, this election, once made, is binding and
irrevocable for the taxable year for which the election is made.
Nothing in this division shall be construed to provide for any
deduction or credit that would not be allowable if a nonresident
pass-through entity investor were to file an annual return.
(4) If a pass-through entity makes the election provided for
under division (D) of this section, the pass-through entity shall
be liable for any additional taxes, interest, interest penalty, or
penalties imposed by this chapter if the tax commissioner finds
that the single return does not reflect the correct tax due by the
pass-through entity investors covered by that return. Nothing in
this division shall be construed to limit or alter the liability,
if any, imposed on pass-through entity investors for unpaid or
underpaid taxes, interest, interest penalty, or penalties as a
result of the pass-through entity's making the election provided
for under division (D) of this section. For the purposes of
division (D) of this section, "correct tax due" means the tax that
would have been paid by the pass-through entity had the single
return been filed in a manner reflecting the commissioner's
findings. Nothing in division (D) of this section shall be
construed to make or hold a pass-through entity liable for tax
attributable to a pass-through entity investor's income from a
source other than the pass-through entity electing to file the
single return.
(E) If a husband and wife file a joint federal income tax
return for a taxable year, they shall file a joint return under
this section for that taxable year, and their liabilities are
joint and several, but, if the federal income tax liability of
either spouse is determined on a separate federal income tax
return, they shall file separate returns under this section.
If either spouse is not required to file a federal income tax
return and either or both are required to file a return pursuant
to this chapter, they may elect to file separate or joint returns,
and, pursuant to that election, their liabilities are separate or
joint and several. If a husband and wife file separate returns
pursuant to this chapter, each must claim the taxpayer's own
exemption, but not both, as authorized under section 5747.02 of
the Revised Code on the taxpayer's own return.
(F) Each return or notice required to be filed under this
section shall contain the signature of the taxpayer or the
taxpayer's duly authorized agent and of the person who prepared
the return for the taxpayer, and shall include the taxpayer's
social security number. Each return shall be verified by a
declaration under the penalties of perjury. The tax commissioner
shall prescribe the form that the signature and declaration shall
take.
(G) Each return or notice required to be filed under this
section shall be made and filed as required by section 5747.04 of
the Revised Code, on or before the fifteenth day of April of each
year, on forms that the tax commissioner shall prescribe, together
with remittance made payable to the treasurer of state in the
combined amount of the state and all school district income taxes
shown to be due on the form.
Upon good cause shown, the commissioner may extend the period
for filing any notice or return required to be filed under this
section and may adopt rules relating to extensions. If the
extension results in an extension of time for the payment of any
state or school district income tax liability with respect to
which the return is filed, the taxpayer shall pay at the time the
tax liability is paid an amount of interest computed at the rate
per annum prescribed by section 5703.47 of the Revised Code on
that liability from the time that payment is due without extension
to the time of actual payment. Except as provided in section
5747.132 of the Revised Code, in addition to all other interest
charges and penalties, all taxes imposed under this chapter or
Chapter 5748. of the Revised Code and remaining unpaid after they
become due, except combined amounts due of one dollar or less,
bear interest at the rate per annum prescribed by section 5703.47
of the Revised Code until paid or until the day an assessment is
issued under section 5747.13 of the Revised Code, whichever occurs
first.
If the commissioner considers it necessary in order to ensure
the payment of the tax imposed by section 5747.02 of the Revised
Code or any tax imposed under Chapter 5748. of the Revised Code,
the commissioner may require returns and payments to be made
otherwise than as provided in this section.
To the extent that any provision in this division conflicts
with any provision in section 5747.026 of the Revised Code, the
provision in that section prevails.
(H) If any report, claim, statement, or other document
required to be filed, or any payment required to be made, within a
prescribed period or on or before a prescribed date under this
chapter is delivered after that period or that date by United
States mail to the agency, officer, or office with which the
report, claim, statement, or other document is required to be
filed, or to which the payment is required to be made, the date of
the postmark stamped on the cover in which the report, claim,
statement, or other document, or payment is mailed shall be deemed
to be the date of delivery or the date of payment.
If a payment is required to be made by electronic funds
transfer pursuant to section 5747.072 of the Revised Code, the
payment is considered to be made when the payment is received by
the treasurer of state or credited to an account designated by the
treasurer of state for the receipt of tax payments.
"The date of the postmark" means, in the event there is more
than one date on the cover, the earliest date imprinted on the
cover by the United States postal service.
(I) The amounts withheld by an employer pursuant to section
5747.06 of the Revised Code, a casino operator pursuant to section
5747.063 of the Revised Code, or a lottery sales agent pursuant to
section 5747.064 of the Revised Code shall be allowed to the
recipient of the compensation casino winnings, or lottery prize
award as credits against payment of the appropriate taxes imposed
on the recipient by section 5747.02 and under Chapter 5748. of the
Revised Code.
(J) If a pass-through entity elects to file a single return
under division (D) of this section and if any investor is required
to file the annual return and make the payment of taxes required
by this chapter on account of the investor's other income that is
not included in a single return filed by a pass-through entity or
any other investor elects to file the annual return, the investor
is entitled to a refundable credit equal to the investor's
proportionate share of the tax paid by the pass-through entity on
behalf of the investor. The investor shall claim the credit for
the investor's taxable year in which or with which ends the
taxable year of the pass-through entity. Nothing in this chapter
shall be construed to allow any credit provided in this chapter to
be claimed more than once. For the purpose of computing any
interest, penalty, or interest penalty, the investor shall be
deemed to have paid the refundable credit provided by this
division on the day that the pass-through entity paid the
estimated tax or the tax giving rise to the credit.
(K) The tax commissioner shall ensure that each return
required to be filed under this section includes a box that the
taxpayer may check to authorize a paid tax preparer who prepared
the return to communicate with the department of taxation about
matters pertaining to the return. The return or instructions
accompanying the return shall indicate that by checking the box
the taxpayer authorizes the department of taxation to contact the
preparer concerning questions that arise during the processing of
the return and authorizes the preparer only to provide the
department with information that is missing from the return, to
contact the department for information about the processing of the
return or the status of the taxpayer's refund or payments, and to
respond to notices about mathematical errors, offsets, or return
preparation that the taxpayer has received from the department and
has shown to the preparer.
(L) The tax commissioner shall permit individual taxpayers to
instruct the department of taxation to cause any refund of
overpaid taxes to be deposited directly into a checking account,
savings account, or an individual retirement account or individual
retirement annuity, or preexisting college savings plan or program
account offered by the Ohio tuition trust authority under Chapter
3334. of the Revised Code, as designated by the taxpayer, when the
taxpayer files the annual return required by this section
electronically.
(M) The tax commissioner may adopt rules to administer this
section.
Sec. 5747.64. (A) As used in this section:
(1) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, police officer of a township or joint police
district, marshal, deputy marshal, municipal police officer, or
state highway patrol trooper.
(2) "School" means a public or nonpublic school. "School"
excludes home instruction as authorized under section 3321.04 of
the Revised Code.
(3) "Public school" includes schools of a school district,
STEM schools established under Chapter 3326. of the Revised Code,
and community schools established under Chapter 3314. of the
Revised Code.
(4) "Nonpublic school" means a nonpublic school for which the
state board of education has issued a charter pursuant to section
3301.16 of the Revised Code and prescribes minimum standards under
division (D)(2) of section 3301.07 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against
the tax imposed by section 5747.02 of the Revised Code for a
taxpayer who is a law enforcement officer or retired law
enforcement officer and who provides safety and security services
in a school under section 3313.94 of the Revised Code without
receiving compensation. The amount of the credit equals two
dollars for each hour or part of an hour that the law enforcement
officer or retired law enforcement officer provides such services,
but the credit amount claimed by the officer shall not exceed five
hundred dollars for any taxable year, not including any amount of
credit carried forward from a prior year.
The law enforcement officer or retired law enforcement
officer shall claim the credit in the order required by section
5747.98 of the Revised Code for the taxable year in which the
officer provides such services. Any credit amount in excess of the
tax due under section 5747.02 of the Revised Code, after allowing
for any other credits preceding the credit in that order, may be
carried forward for three taxable years, but the amount of the
excess credit allowed in any such year shall be deducted from the
balance carried forward to the next year.
The tax commissioner may request that a law enforcement
officer or retired law enforcement officer claiming a credit under
this section furnish information as is necessary to support the
claim for the credit under this section, and no credit shall be
allowed unless the requested information is provided.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of the
Revised Code;
(5) The lump sum retirement income credit under division (C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division (D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division (E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the
Revised Code;
(9) The credit for displaced workers who pay for job training
under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section 5747.29
of the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income under
division (B) of section 5747.05 of the Revised Code;
(15) The earned income credit under section 5747.71 of the
Revised Code;
(16) The credit for employers that reimburse employee child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section 5747.38 of the Revised Code;
(19) The nonrefundable job retention credit under division
(B) of section 5747.058 of the Revised Code;
(20) The credit for selling alternative fuel under section
5747.77 of the Revised Code;
(21) The second credit for purchases of new manufacturing
machinery and equipment and the credit for using Ohio coal under
section 5747.31 of the Revised Code;
(22) The job training credit under section 5747.39 of the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of the
Revised Code;
(24) The credit for the eligible costs associated with a
voluntary action under section 5747.32 of the Revised Code;
(25) The credit for employers that establish on-site child
day-care centers under section 5747.35 of the Revised Code;
(26) The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The nonrefundable credit for law enforcement officer
school volunteers or retired law enforcement officer school
volunteers under section 5747.64 of the Revised Code;
(28) The credit for purchases of qualifying grape production
property under section 5747.28 of the Revised Code;
(28)(29) The small business investment credit under section
5747.81 of the Revised Code;
(29)(30) The enterprise zone credits under section 5709.65 of
the Revised Code;
(30)(31) The research and development credit under section
5747.331 of the Revised Code;
(31)(32) The credit for rehabilitating a historic building
under section 5747.76 of the Revised Code;
(32)(33) The refundable credit for rehabilitating a historic
building under section 5747.76 of the Revised Code;
(33)(34) The refundable jobs creation credit or job retention
credit under division (A) of section 5747.058 of the Revised Code;
(34)(35) The refundable credit for taxes paid by a qualifying
entity granted under section 5747.059 of the Revised Code;
(35)(36) The refundable credits for taxes paid by a
qualifying pass-through entity granted under division (J) of
section 5747.08 of the Revised Code;
(36)(37) The refundable credit under section 5747.80 of the
Revised Code for losses on loans made to the Ohio venture capital
program under sections 150.01 to 150.10 of the Revised Code;
(37)(38) The refundable motion picture production credit
under section 5747.66 of the Revised Code.;
(38)(39) The refundable credit for financial institution
taxes paid by a pass-through entity granted under section 5747.65
of the Revised Code.
(B) For any credit, except the refundable credits enumerated
in this section and the credit granted under division (I) of
section 5747.08 of the Revised Code, the amount of the credit for
a taxable year shall not exceed the tax due after allowing for any
other credit that precedes it in the order required under this
section. Any excess amount of a particular credit may be carried
forward if authorized under the section creating that credit.
Nothing in this chapter shall be construed to allow a taxpayer to
claim, directly or indirectly, a credit more than once for a
taxable year.
Section 2. That existing sections 133.06, 921.06, 3301.0712,
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031,
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603,
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22,
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041,
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05,
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 and sections
3310.05, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022,
3365.03,
3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the Revised
Code are hereby repealed.
Section 3. That the version of section 3314.016 of the
Revised Code that is scheduled to take effect January 1, 2015, be
amended to read as follows:
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The
office of Ohio school sponsorship established under section
3314.029 of the Revised Code shall be rated under division (B) of
this section, but divisions (A) and (C) of this section do not
apply to the office.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets both of the following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department of education.
(2) The entity is not rated as "ineffective" under division
(B)(6) of this section.
(B)(1) For purposes of this section, the department shall
develop and implement an evaluation system, in conjunction with a
statewide nonprofit organization whose membership is comprised
solely of entities that sponsor community schools and whose
members sponsor the majority of start-up community schools in the
state, that rates each entity that sponsors a community school
based on the following components:
(a) Academic performance of students enrolled in community
schools sponsored by the same entity;. This metric shall be
measured using assessments selected or approved by the department,
which shall be administered so as to measure student performance
at a particular point in time in a school year and rates of
student improvement on those same assessments while enrolled in
the school. The measure specified under division (B)(1)(a) of this
section shall be calculated on an annual basis.
(b) Adherence by a sponsor to the quality practices
prescribed by the department under division (B)(3) of this
section. The department shall not include this measure in the
sponsor evaluation rating system until the department prescribes
quality practices and develops an instrument to measure adherence
to those practices under division (B)(3) of this section. The
department shall determine a schedule for completing a review of
and calculating the measure specified under division (B)(1)(b) of
this section. For a sponsor rated as "effective" on the measure
specified under division (B)(1)(b) of this section, that rating
shall be valid for three years. For a sponsor rated as "exemplary"
on the measure specified under division (B)(1)(b) of this section,
that rating shall be valid for five years.
(c) Compliance with applicable laws and administrative rules
by an entity that sponsors a community school. The department
shall determine a schedule for completing a review of and
calculating the measure specified under division (B)(1)(c) of this
section. The review shall be conducted on an annual basis through
electronic means, rather than by a site visit, unless
circumstances do not permit review by electronic means.
(2) In calculating an academic performance component, the
department shall exclude all of the following:
(a) All community schools that have been in operation for not
more than two full school years;
(b) All community schools described in division (A)(4)(b) of
section 3314.35 of the Revised Code.
(3) The department, in consultation with entities that
sponsor community schools, shall prescribe quality practices for
community school sponsors and develop an instrument to measure
adherence to those quality practices. The quality practices shall
be based on standards developed by the national association of
charter school authorizers or any other nationally organized
community school organization.
(4)(a) The department may shall permit peer review of a
sponsor's adherence to the quality practices prescribed under
division (B)(3) of this section.
(b) The department shall require individuals participating in
peer review under division (B)(4)(a) of this section to complete
training approved or established by the department and to possess
significant experience working for an entity that sponsors
community schools in the state.
(c) The department may enter into an agreement with another
entity to shall provide training to individuals conducting peer
review of sponsors by entering into an agreement with a statewide
nonprofit organization whose membership is comprised solely of
entities that sponsor community schools and whose members sponsor
the majority of start-up community schools in the state for that
training. Prior to entering into an agreement with an entity, the
department shall review and approve of the entity's training
program.
(5) Not later than July 1, 2013, the state board of education
shall adopt rules in accordance with Chapter 119. of the Revised
Code prescribing standards for measuring compliance with
applicable laws and rules under division (B)(1)(c) of this
section.
(6) The department annually shall rate all entities that
sponsor community schools as either "exemplary," "effective," or
"ineffective," based on the components prescribed by division (B)
of this section, where each component is weighted equally, except
that entities sponsoring community schools for the first time may
be assigned the rating of "emerging" for only the first two
consecutive years.
The department shall publish the ratings between the first
day of October and the fifteenth day of October.
(7)(a) Prior to the 2014-2015 school year, student academic
performance prescribed under division (B)(1)(a) of this section
shall not include student academic performance data from community
schools that primarily serve students enrolled in a dropout
prevention and recovery program as described in division (A)(4)(a)
of section 3314.35 of the Revised Code.
(b) For the 2014-2015 school year and each school year
thereafter, student academic performance prescribed under division
(B)(1)(a) of this section shall include student academic
performance data from community schools that primarily serve
students enrolled in a dropout prevention and recovery program.
(C) If the governing authority of a community school enters
into a contract with a sponsor prior to the date on which the
sponsor is prohibited from sponsoring additional schools under
division (A) of this section and the school has not opened for
operation as of that date, that contract shall be void and the
school shall not open until the governing authority secures a new
sponsor by entering into a contract with the new sponsor under
section 3314.03 of the Revised Code. However, the department's
office of Ohio school sponsorship, established under section
3314.029 of the Revised Code, may assume the sponsorship of the
school until the earlier of the expiration of two school years or
until a new sponsor is secured by the school's governing
authority. A community school sponsored by the department under
this division shall not be included when calculating the maximum
number of directly authorized community schools permitted under
division (A)(3) of section 3314.029 of the Revised Code.
(D)(1) The office of Ohio school sponsorship established
under section 3314.029 of the Revised Code shall be rated using
the evaluation system prescribed by division (B) of this section,
but divisions (A) and (C) of this section do not apply to the
office.
(2) Not later than July 1, 2016, and not later than the first
day of July every fifth year thereafter, the evaluation panel
created under division (D)(3) of this section shall rate the
office of Ohio school sponsorship using the evaluation system
under division (B) of this section.
(3) The panel that rates the office of Ohio school
sponsorship shall consist of one representative each from the
following organizations:
(a) A statewide nonprofit organization whose membership is
composed solely of entities that sponsor community schools and
whose members sponsor the majority of start-up community schools
in the state;
(b) An educational service center approved to sponsor
community schools statewide;
(c) A school district that sponsors one or more community
schools that is not a municipal school district;
(d) A qualified tax-exempt entity under section 501(c)(3) of
the Internal Revenue Code approved to sponsor community schools;
(e) Any municipal school district transformation alliance
established under section 3311.86 of the Revised Code.
Vacancies shall be filled in the manner of the original
appointments.
Section 4. That the existing version of section 3314.016 of
the Revised Code that is scheduled to take effect January 1, 2015,
is hereby repealed.
Section 5. That Sections 3 and 4 of this act shall take
effect January 1, 2015.
Section 6. (A) There is hereby created the School Based
Health Care Advisory Workgroup. The Workgroup shall consist of the
following members:
(1) The Superintendent of Public Instruction or the
Superintendent's designee;
(2) The Director of Developmental Disabilities or the
Director's designee;
(3) The Director of Health or the Director's designee;
(4) The Director of Job and Family Services or the Director's
designee;
(5) The Director of Medicaid or the Director's designee;
(6) The Director of Mental Health and Addiction Services or
the Director's designee;
(7) The Director of the Office of Health Transformation or
the Director's designee, who shall serve as chairperson;
(8) One representative from each of the following
organizations, appointed by the organization's chief executive
officer or the individual serving in an equivalent capacity for
the organization:
(a) The Association of Ohio Health Commissioners;
(b) The Buckeye Association of School Administrators;
(c) The County Commissioners Association of Ohio;
(d) The Greater Cincinnati Community Learning Institute;
(e) The Ohio Association of Community Health Centers;
(f) The Ohio Association of Health Plans;
(g) The Ohio Association of School Nurses;
(h) The Ohio Business Roundtable;
(i) The Ohio Chamber of Commerce;
(j) The Ohio Chapter of the American Academy of Pediatrics;
(k) The Ohio Children's Hospital Association;
(l) The Ohio Commission on Minority Health;
(m) The Ohio Council of Behavioral Health and Family Services
Providers;
(n) The Ohio Dental Association;
(o) The Ohio Optometric Association;
(p) The Ohio Parent Teacher Association;
(q) The Ohio State Medical Association;
(r) The Public Children Services Association of Ohio;
(s) Voices for Ohio's Children;
(t) The Ohio Federation of Teachers;
(u) The Ohio Association of County Behavioral Health
Authorities.
(9) Two members of the House of Representatives, one from the
majority party and the other from the minority party, appointed by
the Speaker of the House of Representatives;
(10) Two members of the Senate, one from the majority party
and the other from the minority party, appointed by the President
of the Senate.
(B) The Workgroup shall do all of the following:
(1) Review evidence of the correlation between student health
and academic achievement;
(2) Identify existing best practices to improve academic
achievement through better student health;
(3) Based on existing best practices, recommend one or more
models for communities that want to improve academic achievement
through better student health;
(4) Recommend financial strategies to sustain the models over
time, with an emphasis on health coverage through commercial
insurance and Medicaid, not other governmental subsidies;
(5) Recommend health care service delivery strategies that
are known to improve health outcomes, such as patient-centered
medical homes;
(6) Explore the community learning center model delivery of
student health care services;
(7) Ensure that all recommendations adhere to state and
federal law.
(C)(1) Appointments to the Workgroup shall be made not later
than fifteen days after the effective date of this section.
Vacancies shall be filled in the same manner as the original
appointments.
(2) Members of the Workgroup shall serve without compensation
or reimbursement for expenses incurred while serving on the
Workgroup, except to the extent that serving on the Workgroup is
considered to be among the member's employment duties.
(D) The Workgroup shall prepare a report of its findings and
recommendations and, not later than December 31, 2014, submit the
report to the General Assembly. Upon submission of the report, the
Workgroup shall cease to exist.
Section 7. (A) Notwithstanding anything to the contrary in
Chapter 3365. of the Revised Code, for the 2014-2015 school year,
the program established under that chapter shall continue to
operate as the Post-Secondary Enrollment Options Program, as it
existed under that chapter prior to the effective date of this
section. All rules for the Post-Secondary Enrollment Options
Program in effect on the effective date of this section shall
continue to govern that program for the 2014-2015 school year. The
College Credit Plus Program, as codified in Chapter 3365. of the
Revised Code, as it is revised by this act, shall begin operation
for the 2015-2016 school year. Beginning on the effective date of
this section, the Department of Education, State Board of
Education, and Chancellor of the Ohio Board of Regents shall take
the necessary steps to adopt rules, guidelines, and procedures and
to create any necessary forms and documents so that the College
Credit Plus Program is fully operational for the 2015-2016 school
year in accordance with Chapter 3365. of the Revised Code, as it
is revised by this act.
(B) In accordance with division (A) of this section, all
participants who enroll, or who have taken preliminary action to
enroll, in an institution of higher education for the 2014-2015
school year pursuant to Chapter 3365. of the Revised Code, as it
existed prior to the effective date of this section, or rules
adopted under that version of that chapter, shall participate in
the Post-Secondary Enrollment Options Program, as it existed prior
to the effective date of this section. Participants enrolled in an
institution of higher education under the Post-Secondary
Enrollment Options Program during the 2014-2015 school year shall
continue to be subject to the provisions of Chapter 3365. of the
Revised Code, as it existed prior to the effective date of this
section.
(C) For the 2014-2015 school year, all participants who
enroll, or who have taken preliminary action to enroll, in a dual
enrollment program as defined in section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section,
to participate during that school year in the dual enrollment
program shall participate under the specified dual enrollment
program in which the student enrolled and shall continue to be
subject to the provisions of section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section.
(D) Any agreement entered into for the 2014-2015 school year
regarding either the Post-Secondary Enrollment Options Program
under Chapter 3365. of the Revised Code, as it existed prior to
the effective date of this section, or any dual enrollment
program, as defined in section 3313.6013 of the Revised Code as it
existed prior to the effective date of this section, shall
continue in force, pursuant to the terms of that agreement, for
the 2014-2015 school year.
(E) For the 2013-2014 and 2014-2015 school years, the
Department of Education shall make all payments that the
Department is obligated to pay pursuant to section 3365.07 of the
Revised Code, as it existed prior to the effective date of this
section, for participants who enroll in an institution of higher
education under Chapter 3365. of the Revised Code, as it existed
prior to the effective date of this section.
(F) For the 2014-2015 school year only, whenever the term
"College Credit Plus Program" is used, referred to, or designated
in any provision of the Revised Code outside of Chapter 3365. of
the Revised Code, the use, reference, or designation shall be
construed to mean the "Post-Secondary Enrollment Options Program."
Section 8. (A) Not later than March 31, 2015, the Chancellor
of the Ohio Board of Regents shall do both of the following with
regard to remediation-free standards for students enrolled in
state institutions of higher education, as defined in section
3345.011 of the Revised Code:
(1) Identify one or more nationally normed assessments that
may be used to demonstrate remediation-free status;
(2) Establish score levels in the areas of mathematics,
reading, and writing for each assessment that represent
remediation-free status and are comparable to, or higher than, the
standards and score levels adopted pursuant to division (F) of
section 3345.061 of the Revised Code.
(B) Any state institution may use the assessments and adopt
the remediation-free score levels identified under division (A) of
this section to determine if a student meets the standards for
remediation-free status.
Section 9. The amendment or enactment by this act of sections
5747.08, 5747.64, and 5747.98 of the Revised Code applies to
taxable years ending on or after the effective date of this act.