As Passed by the House

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


Representative Brenner 

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



A BILL
To amend sections 133.06, 921.06, 3301.0712, 1
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 2
3310.031, 3310.032, 3311.24, 3311.38, 3311.86, 3
3313.372, 3313.537, 3313.603, 3313.6013, 4
3313.6016, 3313.612, 3313.843, 3313.90, 3313.975, 5
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 6
3317.03, 3319.22, 3319.26, 3324.07, 3326.11, 7
3326.36, 3328.24, 3331.04, 3333.041, 3333.35, 8
3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 9
3365.05, 3365.06, 3365.08, 3365.11, 5747.08, and 10
5747.98; to amend, for the purpose of adopting new 11
section numbers as indicated in parentheses, 12
sections 3365.04 (3365.06), 3365.041 (3365.032), 13
3365.05 (3365.12), 3365.06 (3365.031), and 3365.11 14
(3365.09); to enact new sections 3310.05, 3365.01, 15
3365.02, 3365.03, 3365.04, 3365.05, 3365.07, 16
3365.11, and 3365.15 and sections 3301.163, 17
3311.241, 3313.6020, 3313.94, 3314.191, 3314.352, 18
3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and 19
5747.64; and to repeal sections 3310.05, 3345.062, 20
3365.01, 3365.02, 3365.021, 3365.022, 3365.03, 21
3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of 22
the Revised Code; and to amend the version of 23
section 3314.016 of the Revised Code that is 24
scheduled to take effect on January 1, 2015, to 25
continue the provisions of this act on and after 26
that effective date with regard to education 27
provisions for students in grades kindergarten 28
through twelve.29


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

       Section 1. That sections 133.06, 921.06, 3301.0712, 30
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031, 31
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603, 32
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975, 33
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22, 34
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041, 35
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05, 36
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 be amended; 37
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05 38
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended 39
for the purpose of adopting new section numbers as indicated in 40
parentheses; and new sections 3310.05, 3365.01, 3365.02, 3365.03, 41
3365.04, 3365.05, 3365.07, 3365.11, and 3365.15 and sections 42
3301.163, 3311.241, 3313.6020, 3313.94, 3314.191, 3314.352, 43
3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and 5747.64 of the 44
Revised Code be enacted to read as follows:45

       Sec. 133.06.  (A) A school district shall not incur, without 46
a vote of the electors, net indebtedness that exceeds an amount 47
equal to one-tenth of one per cent of its tax valuation, except as 48
provided in divisions (G) and (H) of this section and in division 49
(C) of section 3313.372 of the Revised Code, or as prescribed in 50
section 3318.052 or 3318.44 of the Revised Code, or as provided in 51
division (J) of this section.52

       (B) Except as provided in divisions (E), (F), and (I) of this 53
section, a school district shall not incur net indebtedness that 54
exceeds an amount equal to nine per cent of its tax valuation.55

       (C) A school district shall not submit to a vote of the 56
electors the question of the issuance of securities in an amount 57
that will make the district's net indebtedness after the issuance 58
of the securities exceed an amount equal to four per cent of its 59
tax valuation, unless the superintendent of public instruction, 60
acting under policies adopted by the state board of education, and 61
the tax commissioner, acting under written policies of the 62
commissioner, consent to the submission. A request for the 63
consents shall be made at least one hundred twenty days prior to 64
the election at which the question is to be submitted.65

       The superintendent of public instruction shall certify to the 66
district the superintendent's and the tax commissioner's decisions 67
within thirty days after receipt of the request for consents.68

       If the electors do not approve the issuance of securities at 69
the election for which the superintendent of public instruction 70
and tax commissioner consented to the submission of the question, 71
the school district may submit the same question to the electors 72
on the date that the next special election may be held under 73
section 3501.01 of the Revised Code without submitting a new 74
request for consent. If the school district seeks to submit the 75
same question at any other subsequent election, the district shall 76
first submit a new request for consent in accordance with this 77
division.78

       (D) In calculating the net indebtedness of a school district, 79
none of the following shall be considered:80

       (1) Securities issued to acquire school buses and other 81
equipment used in transporting pupils or issued pursuant to 82
division (D) of section 133.10 of the Revised Code;83

       (2) Securities issued under division (F) of this section, 84
under section 133.301 of the Revised Code, and, to the extent in 85
excess of the limitation stated in division (B) of this section, 86
under division (E) of this section;87

       (3) Indebtedness resulting from the dissolution of a joint 88
vocational school district under section 3311.217 of the Revised 89
Code, evidenced by outstanding securities of that joint vocational 90
school district;91

       (4) Loans, evidenced by any securities, received under 92
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;93

       (5) Debt incurred under section 3313.374 of the Revised Code;94

       (6) Debt incurred pursuant to division (B)(5) of section 95
3313.37 of the Revised Code to acquire computers and related 96
hardware;97

       (7) Debt incurred under section 3318.042 of the Revised Code.98

       (E) A school district may become a special needs district as 99
to certain securities as provided in division (E) of this section.100

       (1) A board of education, by resolution, may declare its 101
school district to be a special needs district by determining both 102
of the following:103

       (a) The student population is not being adequately serviced 104
by the existing permanent improvements of the district.105

       (b) The district cannot obtain sufficient funds by the 106
issuance of securities within the limitation of division (B) of 107
this section to provide additional or improved needed permanent 108
improvements in time to meet the needs.109

       (2) The board of education shall certify a copy of that 110
resolution to the superintendent of public instruction with a 111
statistical report showing all of the following:112

       (a) The history of and a projection of the growth of the tax 113
valuation;114

       (b) The projected needs;115

       (c) The estimated cost of permanent improvements proposed to 116
meet such projected needs.117

       (3) The superintendent of public instruction shall certify 118
the district as an approved special needs district if the 119
superintendent finds both of the following:120

       (a) The district does not have available sufficient 121
additional funds from state or federal sources to meet the 122
projected needs.123

       (b) The projection of the potential average growth of tax 124
valuation during the next five years, according to the information 125
certified to the superintendent and any other information the 126
superintendent obtains, indicates a likelihood of potential 127
average growth of tax valuation of the district during the next 128
five years of an average of not less than one and one-half per 129
cent per year. The findings and certification of the 130
superintendent shall be conclusive.131

       (4) An approved special needs district may incur net 132
indebtedness by the issuance of securities in accordance with the 133
provisions of this chapter in an amount that does not exceed an 134
amount equal to the greater of the following:135

       (a) Twelve per cent of the sum of its tax valuation plus an 136
amount that is the product of multiplying that tax valuation by 137
the percentage by which the tax valuation has increased over the 138
tax valuation on the first day of the sixtieth month preceding the 139
month in which its board determines to submit to the electors the 140
question of issuing the proposed securities;141

       (b) Twelve per cent of the sum of its tax valuation plus an 142
amount that is the product of multiplying that tax valuation by 143
the percentage, determined by the superintendent of public 144
instruction, by which that tax valuation is projected to increase 145
during the next ten years.146

       (F) A school district may issue securities for emergency 147
purposes, in a principal amount that does not exceed an amount 148
equal to three per cent of its tax valuation, as provided in this 149
division.150

       (1) A board of education, by resolution, may declare an 151
emergency if it determines both of the following:152

       (a) School buildings or other necessary school facilities in 153
the district have been wholly or partially destroyed, or condemned 154
by a constituted public authority, or that such buildings or 155
facilities are partially constructed, or so constructed or planned 156
as to require additions and improvements to them before the 157
buildings or facilities are usable for their intended purpose, or 158
that corrections to permanent improvements are necessary to remove 159
or prevent health or safety hazards.160

       (b) Existing fiscal and net indebtedness limitations make 161
adequate replacement, additions, or improvements impossible.162

       (2) Upon the declaration of an emergency, the board of 163
education may, by resolution, submit to the electors of the 164
district pursuant to section 133.18 of the Revised Code the 165
question of issuing securities for the purpose of paying the cost, 166
in excess of any insurance or condemnation proceeds received by 167
the district, of permanent improvements to respond to the 168
emergency need.169

       (3) The procedures for the election shall be as provided in 170
section 133.18 of the Revised Code, except that:171

       (a) The form of the ballot shall describe the emergency 172
existing, refer to this division as the authority under which the 173
emergency is declared, and state that the amount of the proposed 174
securities exceeds the limitations prescribed by division (B) of 175
this section;176

       (b) The resolution required by division (B) of section 133.18 177
of the Revised Code shall be certified to the county auditor and 178
the board of elections at least one hundred days prior to the 179
election;180

       (c) The county auditor shall advise and, not later than 181
ninety-five days before the election, confirm that advice by 182
certification to, the board of education of the information 183
required by division (C) of section 133.18 of the Revised Code;184

       (d) The board of education shall then certify its resolution 185
and the information required by division (D) of section 133.18 of 186
the Revised Code to the board of elections not less than ninety 187
days prior to the election.188

       (4) Notwithstanding division (B) of section 133.21 of the 189
Revised Code, the first principal payment of securities issued 190
under this division may be set at any date not later than sixty 191
months after the earliest possible principal payment otherwise 192
provided for in that division.193

       (G)(1) The board of education may contract with an architect, 194
professional engineer, or other person experienced in the design 195
and implementation of energy conservation measures for an analysis 196
and recommendations pertaining to installations, modifications of 197
installations, or remodeling that would significantly reduce 198
energy consumption in buildings owned by the district. The report 199
shall include estimates of all costs of such installations, 200
modifications, or remodeling, including costs of design, 201
engineering, installation, maintenance, repairs, measurement and 202
verification of energy savings, and debt service, forgone residual 203
value of materials or equipment replaced by the energy 204
conservation measure, as defined by the Ohio school facilities 205
commission, a baseline analysis of actual energy consumption data 206
for the preceding three years with the utility baseline based on 207
only the actual energy consumption data for the preceding twelve 208
months, and estimates of the amounts by which energy consumption 209
and resultant operational and maintenance costs, as defined by the 210
commission, would be reduced.211

       If the board finds after receiving the report that the amount 212
of money the district would spend on such installations, 213
modifications, or remodeling is not likely to exceed the amount of 214
money it would save in energy and resultant operational and 215
maintenance costs over the ensuing fifteen years, the board may 216
submit to the commission a copy of its findings and a request for 217
approval to incur indebtedness to finance the making or 218
modification of installations or the remodeling of buildings for 219
the purpose of significantly reducing energy consumption.220

        The school facilities commission, in consultation with the 221
auditor of state, may deny a request under this division by the 222
board of education any school district is in a state of fiscal 223
watch pursuant to division (A) of section 3316.03 of the Revised 224
Code, if it determines that the expenditure of funds is not in the 225
best interest of the school district.226

       No district board of education of a school district that is 227
in a state of fiscal emergency pursuant to division (B) of section 228
3316.03 of the Revised Code shall submit a request without 229
submitting evidence that the installations, modifications, or 230
remodeling have been approved by the district's financial planning 231
and supervision commission established under section 3316.05 of 232
the Revised Code.233

       No board of education of a school district that, for three or 234
more consecutive years, has been declared to be in a state of 235
academic emergency under section 3302.03 of the Revised Code, as 236
that section existed prior to March 22, 2013, and has failed to 237
meet adequate yearly progress, or has met any condition set forth 238
in division (A)(2), (3), or (4), or (5) of section 3302.10 of the 239
Revised Code shall submit a request without first receiving 240
approval to incur indebtedness from the district's academic 241
distress commission established under that section, for so long as 242
such commission continues to be required for the district.243

       (2) The school facilities commission shall approve the 244
board's request provided that the following conditions are 245
satisfied:246

       (a) The commission determines that the board's findings are 247
reasonable.248

       (b) The request for approval is complete.249

       (c) The installations, modifications, or remodeling are 250
consistent with any project to construct or acquire classroom 251
facilities, or to reconstruct or make additions to existing 252
classroom facilities under sections 3318.01 to 3318.20 or sections 253
3318.40 to 3318.45 of the Revised Code.254

       Upon receipt of the commission's approval, the district may 255
issue securities without a vote of the electors in a principal 256
amount not to exceed nine-tenths of one per cent of its tax 257
valuation for the purpose of making such installations, 258
modifications, or remodeling, but the total net indebtedness of 259
the district without a vote of the electors incurred under this 260
and all other sections of the Revised Code, except section 261
3318.052 of the Revised Code, shall not exceed one per cent of the 262
district's tax valuation.263

       (3) So long as any securities issued under this division 264
remain outstanding, the board of education shall monitor the 265
energy consumption and resultant operational and maintenance costs 266
of buildings in which installations or modifications have been 267
made or remodeling has been done pursuant to this division and. 268
Except as provided in division (G)(4) of this section, the board269
shall maintain and annually update a report in a form and manner 270
prescribed by the school facilities commission documenting the 271
reductions in energy consumption and resultant operational and 272
maintenance cost savings attributable to such installations, 273
modifications, or remodeling. The report shall be certified by an 274
architect or engineer independent of any person that provided 275
goods or services to the board in connection with the energy 276
conservation measures that are the subject of the report. The 277
resultant operational and maintenance cost savings shall be 278
certified by the school district treasurer. The report shall be 279
submitted annually to the commission.280

       (4) If the school facilities commission verifies that the 281
certified annual reports submitted to the commission by a board of 282
education under division (G)(3) of this section fulfill the 283
guarantee required under division (B) of section 3313.372 of the 284
Revised Code for three consecutive years, the board of education 285
shall no longer be subject to the annual reporting requirements of 286
division (G)(3) of this section.287

       (H) With the consent of the superintendent of public 288
instruction, a school district may incur without a vote of the 289
electors net indebtedness that exceeds the amounts stated in 290
divisions (A) and (G) of this section for the purpose of paying 291
costs of permanent improvements, if and to the extent that both of 292
the following conditions are satisfied:293

       (1) The fiscal officer of the school district estimates that 294
receipts of the school district from payments made under or 295
pursuant to agreements entered into pursuant to section 725.02, 296
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 297
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 298
Code, or distributions under division (C) of section 5709.43 of 299
the Revised Code, or any combination thereof, are, after 300
accounting for any appropriate coverage requirements, sufficient 301
in time and amount, and are committed by the proceedings, to pay 302
the debt charges on the securities issued to evidence that 303
indebtedness and payable from those receipts, and the taxing 304
authority of the district confirms the fiscal officer's estimate, 305
which confirmation is approved by the superintendent of public 306
instruction;307

       (2) The fiscal officer of the school district certifies, and 308
the taxing authority of the district confirms, that the district, 309
at the time of the certification and confirmation, reasonably 310
expects to have sufficient revenue available for the purpose of 311
operating such permanent improvements for their intended purpose 312
upon acquisition or completion thereof, and the superintendent of 313
public instruction approves the taxing authority's confirmation.314

       The maximum maturity of securities issued under division (H) 315
of this section shall be the lesser of twenty years or the maximum 316
maturity calculated under section 133.20 of the Revised Code.317

       (I) A school district may incur net indebtedness by the 318
issuance of securities in accordance with the provisions of this 319
chapter in excess of the limit specified in division (B) or (C) of 320
this section when necessary to raise the school district portion 321
of the basic project cost and any additional funds necessary to 322
participate in a project under Chapter 3318. of the Revised Code, 323
including the cost of items designated by the Ohio school 324
facilities commission as required locally funded initiatives, the 325
cost of other locally funded initiatives in an amount that does 326
not exceed fifty per cent of the district's portion of the basic 327
project cost, and the cost for site acquisition. The school 328
facilities commission shall notify the superintendent of public 329
instruction whenever a school district will exceed either limit 330
pursuant to this division.331

       (J) A school district whose portion of the basic project cost 332
of its classroom facilities project under sections 3318.01 to 333
3318.20 of the Revised Code is greater than or equal to one 334
hundred million dollars may incur without a vote of the electors 335
net indebtedness in an amount up to two per cent of its tax 336
valuation through the issuance of general obligation securities in 337
order to generate all or part of the amount of its portion of the 338
basic project cost if the controlling board has approved the 339
school facilities commission's conditional approval of the project 340
under section 3318.04 of the Revised Code. The school district 341
board and the Ohio school facilities commission shall include the 342
dedication of the proceeds of such securities in the agreement 343
entered into under section 3318.08 of the Revised Code. No state 344
moneys shall be released for a project to which this section 345
applies until the proceeds of any bonds issued under this section 346
that are dedicated for the payment of the school district portion 347
of the project are first deposited into the school district's 348
project construction fund.349

       Sec. 921.06.  (A)(1) No individual shall do any of the 350
following without having a commercial applicator license issued by 351
the director of agriculture:352

       (a) Apply pesticides for a pesticide business without direct 353
supervision;354

       (b) Apply pesticides as part of the individual's duties while 355
acting as an employee of the United States government, a state, 356
county, township, or municipal corporation, or a park district, 357
port authority, or sanitary district created under Chapter 1545., 358
4582., or 6115. of the Revised Code, respectively;359

       (c) Apply restricted use pesticides. Division (A)(1)(c) of 360
this section does not apply to a private applicator or an 361
immediate family member or a subordinate employee of a private 362
applicator who is acting under the direct supervision of that 363
private applicator.364

       (d) If the individual is the owner of a business other than a 365
pesticide business or an employee of such an owner, apply 366
pesticides at any of the following publicly accessible sites that 367
are located on the property:368

       (i) Food service operations that are licensed under Chapter 369
3717. of the Revised Code;370

       (ii) Retail food establishments that are licensed under 371
Chapter 3717. of the Revised Code;372

       (iii) Golf courses;373

       (iv) Rental properties of more than four apartment units at 374
one location;375

       (v) Hospitals or medical facilities as defined in section 376
3701.01 of the Revised Code;377

       (vi) Child day-care centers or school child day-care centers 378
as defined in section 5104.01 of the Revised Code;379

       (vii) Facilities owned or operated by a school district 380
established under Chapter 3311. of the Revised Code, including an 381
educationeducational service center, a community school 382
established under Chapter 3314. of the Revised Code, or a 383
chartered or nonchartered nonpublic school that meets minimum 384
standards established by the state board of education;385

       (viii) Colleges as defined in section 3365.01State 386
institutions of higher education as defined in section 3345.011 of 387
the Revised Code, nonprofit institutions holding a certificate of 388
authorization pursuant to Chapter 1713. of the Revised Code, 389
institutions holding a certificate of registration from the state 390
board of career colleges and schools and program authorization for 391
an associate or bachelor's degree program issued under section 392
3332.05 of the Revised Code, and private institutions exempt from 393
regulation under Chapter 3332. of the Revised Code as prescribed 394
in section 3333.046 of the Revised Code;395

       (ix) Food processing establishments as defined in section 396
3715.021 of the Revised Code;397

       (x) Any other site designated by rule.398

       (e) Conduct authorized diagnostic inspections.399

       (2) Divisions (A)(1)(a) to (d) of this section do not apply 400
to an individual who is acting as a trained serviceperson under 401
the direct supervision of a commercial applicator.402

       (3) Licenses shall be issued for a period of time established 403
by rule and shall be renewed in accordance with deadlines 404
established by rule. The fee for each such license shall be 405
established by rule. If a license is not issued or renewed, the 406
application fee shall be retained by the state as payment for the 407
reasonable expense of processing the application. The director 408
shall by rule classify by pesticide-use category licenses to be 409
issued under this section. A single license may include more than 410
one pesticide-use category. No individual shall be required to pay 411
an additional license fee if the individual is licensed for more 412
than one category.413

       The fee for each license or renewal does not apply to an 414
applicant who is an employee of the department of agriculture 415
whose job duties require licensure as a commercial applicator as a 416
condition of employment.417

       (B) Application for a commercial applicator license shall be 418
made on a form prescribed by the director. Each application for a 419
license shall state the pesticide-use category or categories of 420
license for which the applicant is applying and other information 421
that the director determines essential to the administration of 422
this chapter.423

       (C) If the director finds that the applicant is competent to 424
apply pesticides and conduct diagnostic inspections and that the 425
applicant has passed both the general examination and each 426
applicable pesticide-use category examination as required under 427
division (A) of section 921.12 of the Revised Code, the director 428
shall issue a commercial applicator license limited to the 429
pesticide-use category or categories for which the applicant is 430
found to be competent. If the director rejects an application, the 431
director may explain why the application was rejected, describe 432
the additional requirements necessary for the applicant to obtain 433
a license, and return the application. The applicant may resubmit 434
the application without payment of any additional fee.435

       (D)(1) A person who is a commercial applicator shall be 436
deemed to hold a private applicator's license for purposes of 437
applying pesticides on agricultural commodities that are produced 438
by the commercial applicator.439

       (2) A commercial applicator shall apply pesticides only in 440
the pesticide-use category or categories in which the applicator 441
is licensed under this chapter.442

       (E) All money collected under this section shall be credited 443
to the pesticide, fertilizer, and lime program fund created in 444
section 921.22 of the Revised Code.445

       Sec. 3301.0712.  (A) The state board of education, the 446
superintendent of public instruction, and the chancellor of the 447
Ohio board of regents shall develop a system of college and work 448
ready assessments as described in divisions (B)(1) and (2) of this 449
section to assess whether each student upon graduating from high 450
school is ready to enter college or the workforce. The system 451
shall replace the Ohio graduation tests prescribed in division 452
(B)(1) of section 3301.0710 of the Revised Code as a measure of 453
student academic performance and a prerequisite for eligibility 454
for a high school diploma in the manner prescribed by rule of the 455
state board adopted under division (D) of this section.456

       (B) The college and work ready assessment system shall 457
consist of the following:458

       (1) A nationally standardized assessment that measures 459
college and career readiness selected jointly by the state 460
superintendent and the chancellor. 461

       (2) A series of end-of-course examinations in the areas of 462
science, mathematics, English language arts, American history, and 463
American government selected jointly by the state superintendent 464
and the chancellor in consultation with faculty in the appropriate 465
subject areas at institutions of higher education of the 466
university system of Ohio. For each subject area, the state 467
superintendent and chancellor shall select multiple assessments 468
that school districts, public schools, and chartered nonpublic 469
schools may use as end-of-course examinations. Subject to division 470
(B)(3)(b) of this section, those assessments shall include 471
nationally recognized subject area assessments, such as advanced 472
placement examinations, SAT subject tests, international 473
baccalaureate examinations, and other assessments of college and 474
work readiness. 475

       (3)(a) Not later than July 1, 2013, each school district 476
board of education shall adopt interim end-of-course examinations 477
that comply with the requirements of divisions (B)(3)(b)(i) and 478
(ii) of this section to assess mastery of American history and 479
American government standards adopted under division (A)(1)(b) of 480
section 3301.079 of the Revised Code and the topics required under 481
division (M) of section 3313.603 of the Revised Code. Each high 482
school of the district shall use the interim examinations until 483
the state superintendent and chancellor select end-of-course 484
examinations in American history and American government under 485
division (B)(2) of this section.486

       (b) Not later than July 1, 2014, the state superintendent and 487
the chancellor shall select the end-of-course examinations in 488
American history and American government. 489

       (i) The end-of-course examinations in American history and 490
American government shall require demonstration of mastery of the 491
American history and American government content for social 492
studies standards adopted under division (A)(1)(b) of section 493
3301.079 of the Revised Code and the topics required under 494
division (M) of section 3313.603 of the Revised Code.495

       (ii) At least twenty per cent of the end-of-course 496
examination in American government shall address the topics on 497
American history and American government described in division (M) 498
of section 3313.603 of the Revised Code.499

       (C) The state board shall convene a group of national 500
experts, state experts, and local practitioners to provide advice, 501
guidance, and recommendations for the alignment of standards and 502
model curricula to the assessments and in the design of the 503
end-of-course examinations prescribed by this section.504

       (D) Upon completion of the development of the assessment 505
system, the state board shall adopt rules prescribing all of the 506
following:507

       (1) A timeline and plan for implementation of the assessment 508
system, including a phased implementation if the state board 509
determines such a phase-in is warranted;510

       (2) The date after which a person entering ninth grade shall 511
meet the requirements of the entire assessment system as a 512
prerequisite for a high school diploma under section 3313.61, 513
3313.612, or 3325.08 of the Revised Code;514

       (3) The date after which a person shall meet the requirements 515
of the entire assessment system as a prerequisite for a diploma of 516
adult education under section 3313.611 of the Revised Code;517

       (4) Whether and the extent to which a person may be excused 518
from an American history end-of-course examination and an American 519
government end-of-course examination under division (H) of section 520
3313.61 and division (B)(3) of section 3313.612 of the Revised 521
Code;522

       (5) The date after which a person who has fulfilled the 523
curriculum requirement for a diploma but has not passed one or 524
more of the required assessments at the time the person fulfilled 525
the curriculum requirement shall meet the requirements of the 526
entire assessment system as a prerequisite for a high school 527
diploma under division (B) of section 3313.614 of the Revised 528
Code;529

       (6) The extent to which the assessment system applies to 530
students enrolled in a dropout recovery and prevention program for 531
purposes of division (F) of section 3313.603 and section 3314.36 532
of the Revised Code.533

       No rule adopted under this division shall be effective 534
earlier than one year after the date the rule is filed in final 535
form pursuant to Chapter 119. of the Revised Code. 536

       (E) Not later than forty-five days prior to the state board's 537
adoption of a resolution directing the department of education to 538
file the rules prescribed by division (D) of this section in final 539
form under section 119.04 of the Revised Code, the superintendent 540
of public instruction shall present the assessment system 541
developed under this section to the respective committees of the 542
house of representatives and senate that consider education 543
legislation.544

       (F)(1) Any person enrolled in a nonchartered nonpublic school 545
or any person who has been excused from attendance at school for 546
the purpose of home instruction under section 3321.04 of the 547
Revised Code may choose to participate in the system of 548
assessments administered under divisions (B)(1) and (2) of this 549
section. However, no such person shall be required to participate 550
in the system of assessments.551

       (2) The department shall adopt rules for the administration 552
and scoring of any assessments under division (F)(1) of this 553
section.554

       Sec. 3301.0714.  (A) The state board of education shall adopt 555
rules for a statewide education management information system. The 556
rules shall require the state board to establish guidelines for 557
the establishment and maintenance of the system in accordance with 558
this section and the rules adopted under this section. The 559
guidelines shall include:560

       (1) Standards identifying and defining the types of data in 561
the system in accordance with divisions (B) and (C) of this 562
section;563

       (2) Procedures for annually collecting and reporting the data 564
to the state board in accordance with division (D) of this 565
section;566

       (3) Procedures for annually compiling the data in accordance 567
with division (G) of this section;568

       (4) Procedures for annually reporting the data to the public 569
in accordance with division (H) of this section.570

       (B) The guidelines adopted under this section shall require 571
the data maintained in the education management information system 572
to include at least the following:573

       (1) Student participation and performance data, for each 574
grade in each school district as a whole and for each grade in 575
each school building in each school district, that includes:576

       (a) The numbers of students receiving each category of 577
instructional service offered by the school district, such as 578
regular education instruction, vocational education instruction, 579
specialized instruction programs or enrichment instruction that is 580
part of the educational curriculum, instruction for gifted 581
students, instruction for students with disabilities, and remedial 582
instruction. The guidelines shall require instructional services 583
under this division to be divided into discrete categories if an 584
instructional service is limited to a specific subject, a specific 585
type of student, or both, such as regular instructional services 586
in mathematics, remedial reading instructional services, 587
instructional services specifically for students gifted in 588
mathematics or some other subject area, or instructional services 589
for students with a specific type of disability. The categories of 590
instructional services required by the guidelines under this 591
division shall be the same as the categories of instructional 592
services used in determining cost units pursuant to division 593
(C)(3) of this section.594

       (b) The numbers of students receiving support or 595
extracurricular services for each of the support services or 596
extracurricular programs offered by the school district, such as 597
counseling services, health services, and extracurricular sports 598
and fine arts programs. The categories of services required by the 599
guidelines under this division shall be the same as the categories 600
of services used in determining cost units pursuant to division 601
(C)(4)(a) of this section.602

       (c) Average student grades in each subject in grades nine 603
through twelve;604

       (d) Academic achievement levels as assessed under sections 605
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;606

       (e) The number of students designated as having a disabling 607
condition pursuant to division (C)(1) of section 3301.0711 of the 608
Revised Code;609

       (f) The numbers of students reported to the state board 610
pursuant to division (C)(2) of section 3301.0711 of the Revised 611
Code;612

       (g) Attendance rates and the average daily attendance for the 613
year. For purposes of this division, a student shall be counted as 614
present for any field trip that is approved by the school 615
administration.616

       (h) Expulsion rates;617

       (i) Suspension rates;618

       (j) Dropout rates;619

       (k) Rates of retention in grade;620

       (l) For pupils in grades nine through twelve, the average 621
number of carnegie units, as calculated in accordance with state 622
board of education rules;623

       (m) Graduation rates, to be calculated in a manner specified 624
by the department of education that reflects the rate at which 625
students who were in the ninth grade three years prior to the 626
current year complete school and that is consistent with 627
nationally accepted reporting requirements;628

       (n) Results of diagnostic assessments administered to 629
kindergarten students as required under section 3301.0715 of the 630
Revised Code to permit a comparison of the academic readiness of 631
kindergarten students. However, no district shall be required to 632
report to the department the results of any diagnostic assessment 633
administered to a kindergarten student, except for the language 634
and reading assessment described in division (A)(2) of section 635
3301.0715 of the Revised Code, if the parent of that student 636
requests the district not to report those results.637

       (2) Personnel and classroom enrollment data for each school 638
district, including:639

       (a) The total numbers of licensed employees and nonlicensed 640
employees and the numbers of full-time equivalent licensed 641
employees and nonlicensed employees providing each category of 642
instructional service, instructional support service, and 643
administrative support service used pursuant to division (C)(3) of 644
this section. The guidelines adopted under this section shall 645
require these categories of data to be maintained for the school 646
district as a whole and, wherever applicable, for each grade in 647
the school district as a whole, for each school building as a 648
whole, and for each grade in each school building.649

       (b) The total number of employees and the number of full-time 650
equivalent employees providing each category of service used 651
pursuant to divisions (C)(4)(a) and (b) of this section, and the 652
total numbers of licensed employees and nonlicensed employees and 653
the numbers of full-time equivalent licensed employees and 654
nonlicensed employees providing each category used pursuant to 655
division (C)(4)(c) of this section. The guidelines adopted under 656
this section shall require these categories of data to be 657
maintained for the school district as a whole and, wherever 658
applicable, for each grade in the school district as a whole, for 659
each school building as a whole, and for each grade in each school 660
building.661

       (c) The total number of regular classroom teachers teaching 662
classes of regular education and the average number of pupils 663
enrolled in each such class, in each of grades kindergarten 664
through five in the district as a whole and in each school 665
building in the school district.666

       (d) The number of lead teachers employed by each school 667
district and each school building.668

       (3)(a) Student demographic data for each school district, 669
including information regarding the gender ratio of the school 670
district's pupils, the racial make-up of the school district's 671
pupils, the number of limited English proficient students in the 672
district, and an appropriate measure of the number of the school 673
district's pupils who reside in economically disadvantaged 674
households. The demographic data shall be collected in a manner to 675
allow correlation with data collected under division (B)(1) of 676
this section. Categories for data collected pursuant to division 677
(B)(3) of this section shall conform, where appropriate, to 678
standard practices of agencies of the federal government.679

       (b) With respect to each student entering kindergarten, 680
whether the student previously participated in a public preschool 681
program, a private preschool program, or a head start program, and 682
the number of years the student participated in each of these 683
programs.684

       (4) Any data required to be collected pursuant to federal 685
law.686

       (C) The education management information system shall include 687
cost accounting data for each district as a whole and for each 688
school building in each school district. The guidelines adopted 689
under this section shall require the cost data for each school 690
district to be maintained in a system of mutually exclusive cost 691
units and shall require all of the costs of each school district 692
to be divided among the cost units. The guidelines shall require 693
the system of mutually exclusive cost units to include at least 694
the following:695

       (1) Administrative costs for the school district as a whole. 696
The guidelines shall require the cost units under this division 697
(C)(1) to be designed so that each of them may be compiled and 698
reported in terms of average expenditure per pupil in formula ADM 699
in the school district, as determined pursuant to section 3317.03 700
of the Revised Code.701

       (2) Administrative costs for each school building in the 702
school district. The guidelines shall require the cost units under 703
this division (C)(2) to be designed so that each of them may be 704
compiled and reported in terms of average expenditure per 705
full-time equivalent pupil receiving instructional or support 706
services in each building.707

       (3) Instructional services costs for each category of 708
instructional service provided directly to students and required 709
by guidelines adopted pursuant to division (B)(1)(a) of this 710
section. The guidelines shall require the cost units under 711
division (C)(3) of this section to be designed so that each of 712
them may be compiled and reported in terms of average expenditure 713
per pupil receiving the service in the school district as a whole 714
and average expenditure per pupil receiving the service in each 715
building in the school district and in terms of a total cost for 716
each category of service and, as a breakdown of the total cost, a 717
cost for each of the following components:718

       (a) The cost of each instructional services category required 719
by guidelines adopted under division (B)(1)(a) of this section 720
that is provided directly to students by a classroom teacher;721

       (b) The cost of the instructional support services, such as 722
services provided by a speech-language pathologist, classroom 723
aide, multimedia aide, or librarian, provided directly to students 724
in conjunction with each instructional services category;725

       (c) The cost of the administrative support services related 726
to each instructional services category, such as the cost of 727
personnel that develop the curriculum for the instructional 728
services category and the cost of personnel supervising or 729
coordinating the delivery of the instructional services category.730

       (4) Support or extracurricular services costs for each 731
category of service directly provided to students and required by 732
guidelines adopted pursuant to division (B)(1)(b) of this section. 733
The guidelines shall require the cost units under division (C)(4) 734
of this section to be designed so that each of them may be 735
compiled and reported in terms of average expenditure per pupil 736
receiving the service in the school district as a whole and 737
average expenditure per pupil receiving the service in each 738
building in the school district and in terms of a total cost for 739
each category of service and, as a breakdown of the total cost, a 740
cost for each of the following components:741

       (a) The cost of each support or extracurricular services 742
category required by guidelines adopted under division (B)(1)(b) 743
of this section that is provided directly to students by a 744
licensed employee, such as services provided by a guidance 745
counselor or any services provided by a licensed employee under a 746
supplemental contract;747

       (b) The cost of each such services category provided directly 748
to students by a nonlicensed employee, such as janitorial 749
services, cafeteria services, or services of a sports trainer;750

       (c) The cost of the administrative services related to each 751
services category in division (C)(4)(a) or (b) of this section, 752
such as the cost of any licensed or nonlicensed employees that 753
develop, supervise, coordinate, or otherwise are involved in 754
administering or aiding the delivery of each services category.755

       (D)(1) The guidelines adopted under this section shall 756
require school districts to collect information about individual 757
students, staff members, or both in connection with any data 758
required by division (B) or (C) of this section or other reporting 759
requirements established in the Revised Code. The guidelines may 760
also require school districts to report information about 761
individual staff members in connection with any data required by 762
division (B) or (C) of this section or other reporting 763
requirements established in the Revised Code. The guidelines shall 764
not authorize school districts to request social security numbers 765
of individual students. The guidelines shall prohibit the 766
reporting under this section of a student's name, address, and 767
social security number to the state board of education or the 768
department of education. The guidelines shall also prohibit the 769
reporting under this section of any personally identifiable 770
information about any student, except for the purpose of assigning 771
the data verification code required by division (D)(2) of this 772
section, to any other person unless such person is employed by the 773
school district or the information technology center operated 774
under section 3301.075 of the Revised Code and is authorized by 775
the district or technology center to have access to such 776
information or is employed by an entity with which the department 777
contracts for the scoring or the development of state assessments. 778
The guidelines may require school districts to provide the social 779
security numbers of individual staff members and the county of 780
residence for a student. Nothing in this section prohibits the 781
state board of education or department of education from providing 782
a student's county of residence to the department of taxation to 783
facilitate the distribution of tax revenue.784

       (2)(a) The guidelines shall provide for each school district 785
or community school to assign a data verification code that is 786
unique on a statewide basis over time to each student whose 787
initial Ohio enrollment is in that district or school and to 788
report all required individual student data for that student 789
utilizing such code. The guidelines shall also provide for 790
assigning data verification codes to all students enrolled in 791
districts or community schools on the effective date of the 792
guidelines established under this section. The assignment of data 793
verification codes for other entities, as described in division 794
(D)(2)(c) of this section, the use of those codes, and the 795
reporting and use of associated individual student data shall be 796
coordinated by the department in accordance with state and federal 797
law.798

        School districts shall report individual student data to the 799
department through the information technology centers utilizing 800
the code. The entities described in division (D)(2)(c) of this 801
section shall report individual student data to the department in 802
the manner prescribed by the department.803

        Except as provided in sections 3301.941, 3310.11, 3310.42, 804
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 805
shall the state board or the department have access to information 806
that would enable any data verification code to be matched to 807
personally identifiable student data.808

       (b) Each school district and community school shall ensure 809
that the data verification code is included in the student's 810
records reported to any subsequent school district, community 811
school, or state institution of higher education, as defined in 812
section 3345.011 of the Revised Code, in which the student 813
enrolls. Any such subsequent district or school shall utilize the 814
same identifier in its reporting of data under this section.815

       (c) The director of any state agency that administers a 816
publicly funded program providing services to children who are 817
younger than compulsory school age, as defined in section 3321.01 818
of the Revised Code, including the directors of health, job and 819
family services, mental health and addiction services, and 820
developmental disabilities, shall request and receive, pursuant to 821
sections 3301.0723 and 3701.62 of the Revised Code, a data 822
verification code for a child who is receiving those services. 823

       (E) The guidelines adopted under this section may require 824
school districts to collect and report data, information, or 825
reports other than that described in divisions (A), (B), and (C) 826
of this section for the purpose of complying with other reporting 827
requirements established in the Revised Code. The other data, 828
information, or reports may be maintained in the education 829
management information system but are not required to be compiled 830
as part of the profile formats required under division (G) of this 831
section or the annual statewide report required under division (H) 832
of this section.833

       (F) Beginning with the school year that begins July 1, 1991, 834
the board of education of each school district shall annually 835
collect and report to the state board, in accordance with the 836
guidelines established by the board, the data required pursuant to 837
this section. A school district may collect and report these data 838
notwithstanding section 2151.357 or 3319.321 of the Revised Code.839

       (G) The state board shall, in accordance with the procedures 840
it adopts, annually compile the data reported by each school 841
district pursuant to division (D) of this section. The state board 842
shall design formats for profiling each school district as a whole 843
and each school building within each district and shall compile 844
the data in accordance with these formats. These profile formats 845
shall:846

       (1) Include all of the data gathered under this section in a 847
manner that facilitates comparison among school districts and 848
among school buildings within each school district;849

       (2) Present the data on academic achievement levels as 850
assessed by the testing of student achievement maintained pursuant 851
to division (B)(1)(d) of this section.852

       (H)(1) The state board shall, in accordance with the 853
procedures it adopts, annually prepare a statewide report for all 854
school districts and the general public that includes the profile 855
of each of the school districts developed pursuant to division (G) 856
of this section. Copies of the report shall be sent to each school 857
district.858

       (2) The state board shall, in accordance with the procedures 859
it adopts, annually prepare an individual report for each school 860
district and the general public that includes the profiles of each 861
of the school buildings in that school district developed pursuant 862
to division (G) of this section. Copies of the report shall be 863
sent to the superintendent of the district and to each member of 864
the district board of education.865

       (3) Copies of the reports received from the state board under 866
divisions (H)(1) and (2) of this section shall be made available 867
to the general public at each school district's offices. Each 868
district board of education shall make copies of each report 869
available to any person upon request and payment of a reasonable 870
fee for the cost of reproducing the report. The board shall 871
annually publish in a newspaper of general circulation in the 872
school district, at least twice during the two weeks prior to the 873
week in which the reports will first be available, a notice 874
containing the address where the reports are available and the 875
date on which the reports will be available.876

       (I) Any data that is collected or maintained pursuant to this 877
section and that identifies an individual pupil is not a public 878
record for the purposes of section 149.43 of the Revised Code.879

       (J) As used in this section:880

       (1) "School district" means any city, local, exempted 881
village, or joint vocational school district and, in accordance 882
with section 3314.17 of the Revised Code, any community school. As 883
used in division (L) of this section, "school district" also 884
includes any educational service center or other educational 885
entity required to submit data using the system established under 886
this section.887

       (2) "Cost" means any expenditure for operating expenses made 888
by a school district excluding any expenditures for debt 889
retirement except for payments made to any commercial lending 890
institution for any loan approved pursuant to section 3313.483 of 891
the Revised Code.892

       (K) Any person who removes data from the information system 893
established under this section for the purpose of releasing it to 894
any person not entitled under law to have access to such 895
information is subject to section 2913.42 of the Revised Code 896
prohibiting tampering with data.897

       (L)(1) In accordance with division (L)(2) of this section and 898
the rules adopted under division (L)(10) of this section, the 899
department of education may sanction any school district that 900
reports incomplete or inaccurate data, reports data that does not 901
conform to data requirements and descriptions published by the 902
department, fails to report data in a timely manner, or otherwise 903
does not make a good faith effort to report data as required by 904
this section.905

       (2) If the department decides to sanction a school district 906
under this division, the department shall take the following 907
sequential actions:908

       (a) Notify the district in writing that the department has 909
determined that data has not been reported as required under this 910
section and require the district to review its data submission and 911
submit corrected data by a deadline established by the department. 912
The department also may require the district to develop a 913
corrective action plan, which shall include provisions for the 914
district to provide mandatory staff training on data reporting 915
procedures.916

       (b) Withhold up to ten per cent of the total amount of state 917
funds due to the district for the current fiscal year and, if not 918
previously required under division (L)(2)(a) of this section, 919
require the district to develop a corrective action plan in 920
accordance with that division;921

       (c) Withhold an additional amount of up to twenty per cent of 922
the total amount of state funds due to the district for the 923
current fiscal year;924

       (d) Direct department staff or an outside entity to 925
investigate the district's data reporting practices and make 926
recommendations for subsequent actions. The recommendations may 927
include one or more of the following actions:928

       (i) Arrange for an audit of the district's data reporting 929
practices by department staff or an outside entity;930

       (ii) Conduct a site visit and evaluation of the district;931

       (iii) Withhold an additional amount of up to thirty per cent 932
of the total amount of state funds due to the district for the 933
current fiscal year;934

       (iv) Continue monitoring the district's data reporting;935

       (v) Assign department staff to supervise the district's data 936
management system;937

       (vi) Conduct an investigation to determine whether to suspend 938
or revoke the license of any district employee in accordance with 939
division (N) of this section;940

       (vii) If the district is issued a report card under section 941
3302.03 of the Revised Code, indicate on the report card that the 942
district has been sanctioned for failing to report data as 943
required by this section;944

       (viii) If the district is issued a report card under section 945
3302.03 of the Revised Code and incomplete or inaccurate data 946
submitted by the district likely caused the district to receive a 947
higher performance rating than it deserved under that section, 948
issue a revised report card for the district;949

       (ix) Any other action designed to correct the district's data 950
reporting problems.951

       (3) Any time the department takes an action against a school 952
district under division (L)(2) of this section, the department 953
shall make a report of the circumstances that prompted the action. 954
The department shall send a copy of the report to the district 955
superintendent or chief administrator and maintain a copy of the 956
report in its files.957

       (4) If any action taken under division (L)(2) of this section 958
resolves a school district's data reporting problems to the 959
department's satisfaction, the department shall not take any 960
further actions described by that division. If the department 961
withheld funds from the district under that division, the 962
department may release those funds to the district, except that if 963
the department withheld funding under division (L)(2)(c) of this 964
section, the department shall not release the funds withheld under 965
division (L)(2)(b) of this section and, if the department withheld 966
funding under division (L)(2)(d) of this section, the department 967
shall not release the funds withheld under division (L)(2)(b) or 968
(c) of this section.969

       (5) Notwithstanding anything in this section to the contrary, 970
the department may use its own staff or an outside entity to 971
conduct an audit of a school district's data reporting practices 972
any time the department has reason to believe the district has not 973
made a good faith effort to report data as required by this 974
section. If any audit conducted by an outside entity under 975
division (L)(2)(d)(i) or (5) of this section confirms that a 976
district has not made a good faith effort to report data as 977
required by this section, the district shall reimburse the 978
department for the full cost of the audit. The department may 979
withhold state funds due to the district for this purpose.980

       (6) Prior to issuing a revised report card for a school 981
district under division (L)(2)(d)(viii) of this section, the 982
department may hold a hearing to provide the district with an 983
opportunity to demonstrate that it made a good faith effort to 984
report data as required by this section. The hearing shall be 985
conducted by a referee appointed by the department. Based on the 986
information provided in the hearing, the referee shall recommend 987
whether the department should issue a revised report card for the 988
district. If the referee affirms the department's contention that 989
the district did not make a good faith effort to report data as 990
required by this section, the district shall bear the full cost of 991
conducting the hearing and of issuing any revised report card.992

       (7) If the department determines that any inaccurate data 993
reported under this section caused a school district to receive 994
excess state funds in any fiscal year, the district shall 995
reimburse the department an amount equal to the excess funds, in 996
accordance with a payment schedule determined by the department. 997
The department may withhold state funds due to the district for 998
this purpose.999

       (8) Any school district that has funds withheld under 1000
division (L)(2) of this section may appeal the withholding in 1001
accordance with Chapter 119. of the Revised Code.1002

       (9) In all cases of a disagreement between the department and 1003
a school district regarding the appropriateness of an action taken 1004
under division (L)(2) of this section, the burden of proof shall 1005
be on the district to demonstrate that it made a good faith effort 1006
to report data as required by this section.1007

       (10) The state board of education shall adopt rules under 1008
Chapter 119. of the Revised Code to implement division (L) of this 1009
section.1010

       (M) No information technology center or school district shall 1011
acquire, change, or update its student administration software 1012
package to manage and report data required to be reported to the 1013
department unless it converts to a student software package that 1014
is certified by the department.1015

       (N) The state board of education, in accordance with sections 1016
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 1017
license as defined under division (A) of section 3319.31 of the 1018
Revised Code that has been issued to any school district employee 1019
found to have willfully reported erroneous, inaccurate, or 1020
incomplete data to the education management information system.1021

       (O) No person shall release or maintain any information about 1022
any student in violation of this section. Whoever violates this 1023
division is guilty of a misdemeanor of the fourth degree.1024

       (P) The department shall disaggregate the data collected 1025
under division (B)(1)(n) of this section according to the race and 1026
socioeconomic status of the students assessed. No data collected 1027
under that division shall be included on the report cards required 1028
by section 3302.03 of the Revised Code.1029

       (Q) If the department cannot compile any of the information 1030
required by division (H) of section 3302.03 of the Revised Code 1031
based upon the data collected under this section, the department 1032
shall develop a plan and a reasonable timeline for the collection 1033
of any data necessary to comply with that division.1034

       Sec. 3301.0715.  (A) Except as otherwise required under 1035
division (B)(1) of section 3313.608 of the Revised Code, the board 1036
of education of each city, local, and exempted village school 1037
district shall administer each applicable diagnostic assessment 1038
developed and provided to the district in accordance with section 1039
3301.079 of the Revised Code to the following:1040

       (1) Any student who transfers into the district or to a 1041
different school within the district if each applicable diagnostic 1042
assessment was not administered by the district or school the 1043
student previously attended in the current school year, within 1044
thirty days after the date of transfer. If the district or school 1045
into which the student transfers cannot determine whether the 1046
student has taken any applicable diagnostic assessment in the 1047
current school year, the district or school may administer the 1048
diagnostic assessment to the student. However, if a student 1049
transfers into the district prior to the administration of the 1050
diagnostic assessments to all students under division (B) of this 1051
section, the district may administer the diagnostic assessments to 1052
that student on the date or dates determined under that division.1053

       (2)(a) Prior to July 1, 2014, each kindergarten student, not 1054
earlier than four weeks prior to the first day of school and not 1055
later than the first day of October.1056

       (b) Beginning July 1, 2014, eachEach kindergarten student, 1057
not earlier than the first day of the school year and not later 1058
than the first day of November, except that the language and 1059
reading skills portion of the assessment shall be administered by 1060
the thirtieth day of September to fulfill the requirements of 1061
division (B) of section 3313.608 of the Revised Code.1062

       For the purpose of division (A)(2) of this section, the 1063
district shall administer the kindergarten readiness assessment 1064
provided by the department of education. In no case shall the 1065
results of the readiness assessment be used to prohibit a student 1066
from enrolling in kindergarten.1067

       (3) Each student enrolled in first, second, or third grade.1068

       Division (A) of this section does not apply to students with 1069
significant cognitive disabilities, as defined by the department 1070
of education.1071

       (B) Each district board shall administer each diagnostic 1072
assessment when the board deems appropriate, provided the 1073
administration complies with section 3313.608 of the Revised Code. 1074
However, the board shall administer any diagnostic assessment at 1075
least once annually to all students in the appropriate grade 1076
level. A district board may administer any diagnostic assessment 1077
in the fall and spring of a school year to measure the amount of 1078
academic growth attributable to the instruction received by 1079
students during that school year.1080

       (C) Any district that received an excellent or effective 1081
ratinga grade of "A" or "B" for the performance index score under 1082
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of 1083
the Revised Code or for the value-added progress dimension under 1084
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of 1085
the Revised Code for the immediately preceding school year, 1086
pursuant to section 3302.03 of the Revised Code as it existed 1087
prior to March 22, 2013, or the equivalent of such rating as 1088
determined by the department of education, may use different 1089
diagnostic assessments from those adopted under division (D) of 1090
section 3301.079 of the Revised Code in order to satisfy the 1091
requirements of division (A)(2)(3) of this section.1092

       (D) Each district board shall utilize and score any 1093
diagnostic assessment administered under division (A) of this 1094
section in accordance with rules established by the department. 1095
After the administration of any diagnostic assessment, each 1096
district shall provide a student's completed diagnostic 1097
assessment, the results of such assessment, and any other 1098
accompanying documents used during the administration of the 1099
assessment to the parent of that student, and shall include all 1100
such documents and information in any plan developed for the 1101
student under division (C) of section 3313.608 of the Revised 1102
Code. Each district shall submit to the department, in the manner 1103
the department prescribes, the results of the diagnostic 1104
assessments administered under this section, regardless of the 1105
type of assessment used under section 3313.608 of the Revised 1106
Code. The department may issue reports with respect to the data 1107
collected. The department may report school and district level 1108
kindergarten diagnostic assessment data and use diagnostic 1109
assessment data to calculate the measure prescribed by divisions 1110
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.1111

       (E) Each district board shall provide intervention services 1112
to students whose diagnostic assessments show that they are 1113
failing to make satisfactory progress toward attaining the 1114
academic standards for their grade level.1115

       Sec. 3301.163.  (A) Beginning July 1, 2015, any third-grade 1116
student who attends a chartered nonpublic school with a 1117
scholarship awarded under either the educational choice 1118
scholarship pilot program, prescribed in sections 3310.01 to 1119
3310.17, or the pilot project scholarship program prescribed in 1120
sections 3313.974 to 3313.979 of the Revised Code, shall be 1121
subject to the third-grade reading guarantee retention provisions 1122
under division (A)(2) of section 3313.608 of the Revised Code.1123

       (B)(1) Each chartered nonpublic school that enrolls students 1124
in any of grades kindergarten through three and that accepts 1125
students under the educational choice scholarship pilot program or 1126
the pilot project scholarship program shall adopt policies and 1127
procedures for the annual assessment of the reading skills of 1128
those students. Each school may use the diagnostic assessment to 1129
measure reading ability for the appropriate grade level prescribed 1130
in division (B) of section 3313.608 of the Revised Code. If the 1131
school uses such assessments, the department of education shall 1132
furnish them to the chartered nonpublic school. 1133

       (2) For each student identified as having reading skills 1134
below grade level, the school shall do both of the following: 1135

       (a) Provide to the student's parent or guardian, in writing, 1136
all of the following:1137

       (i) Notification that the student has been identified as 1138
having a substantial deficiency in reading;1139

       (ii) Notification that if the student attains a score in the 1140
range designated under division (A)(3) of section 3301.0710 of the 1141
Revised Code on the assessment prescribed under that section to 1142
measure skill in English language arts expected at the end of 1143
third grade, the student shall be retained unless the student is 1144
exempt under division (A)(1) of section 3313.608 of the Revised 1145
Code. 1146

       (b) Provide intensive reading instruction services, as 1147
determined appropriate by the school, to each student identified 1148
under this section.1149

       (C) Each chartered nonpublic school subject to this section 1150
annually shall report to the department the number of students 1151
identified as reading at grade level and the number of students 1152
identified as reading below grade level.1153

       Sec. 3302.03.  Annually, not later than the fifteenth day of 1154
September or the preceding Friday when that day falls on a 1155
Saturday or Sunday, the department of education shall assign a 1156
letter grade for overall academic performance and for each 1157
separate performance measure for each school district, and each 1158
school building in a district, in accordance with this section. 1159
The state board shall adopt rules pursuant to Chapter 119. of the 1160
Revised Code to establish performance criteria for each letter 1161
grade and prescribe a method by which the department assigns each 1162
letter grade. For a school building to which any of the 1163
performance measures do not apply, due to grade levels served by 1164
the building, the state board shall designate the performance 1165
measures that are applicable to the building and that must be 1166
calculated separately and used to calculate the building's overall 1167
grade. The department shall issue annual report cards reflecting 1168
the performance of each school district, each building within each 1169
district, and for the state as a whole using the performance 1170
measures and letter grade system described in this section. The 1171
department shall include on the report card for each district and 1172
each building within each district the most recent two-year trend 1173
data in student achievement for each subject and each grade.1174

       (A)(1) For the 2012-2013 school year, the department shall 1175
issue grades as described in division (E) of this section for each 1176
of the following performance measures:1177

       (a) Annual measurable objectives; 1178

       (b) Performance index score for a school district or 1179
building. Grades shall be awarded as a percentage of the total 1180
possible points on the performance index system as adopted by the 1181
state board. In adopting benchmarks for assigning letter grades 1182
under division (A)(1)(b) of this section, the state board of 1183
education shall designate ninety per cent or higher for an "A," at 1184
least seventy per cent but not more than eighty per cent for a 1185
"C," and less than fifty per cent for an "F."1186

       (c) The extent to which the school district or building meets 1187
each of the applicable performance indicators established by the 1188
state board under section 3302.02 of the Revised Code and the 1189
percentage of applicable performance indicators that have been 1190
achieved. In adopting benchmarks for assigning letter grades under 1191
division (A)(1)(c) of this section, the state board shall 1192
designate ninety per cent or higher for an "A."1193

       (d) The four- and five-year adjusted cohort graduation rates.1194

        In adopting benchmarks for assigning letter grades under 1195
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 1196
department shall designate a four-year adjusted cohort graduation 1197
rate of ninety-three per cent or higher for an "A" and a five-year 1198
cohort graduation rate of ninety-five per cent or higher for an 1199
"A."1200

       (e) The overall score under the value-added progress 1201
dimension of a school district or building, for which the 1202
department shall use up to three years of value-added data as 1203
available. The letter grade assigned for this growth measure shall 1204
be as follows:1205

       (i) A score that is at least two standard errors of measure 1206
above the mean score shall be designated as an "A."1207

       (ii) A score that is at least one standard error of measure 1208
but less than two standard errors of measure above the mean score 1209
shall be designated as a "B."1210

       (iii) A score that is less than one standard error of measure 1211
above the mean score but greater than or equal to one standard 1212
error of measure below the mean score shall be designated as a 1213
"C."1214

       (iv) A score that is not greater than one standard error of 1215
measure below the mean score but is greater than or equal to two 1216
standard errors of measure below the mean score shall be 1217
designated as a "D."1218

       (v) A score that is not greater than two standard errors of 1219
measure below the mean score shall be designated as an "F."1220

       Whenever the value-added progress dimension is used as a 1221
graded performance measure, whether as an overall measure or as a 1222
measure of separate subgroups, the grades for the measure shall be 1223
calculated in the same manner as prescribed in division (A)(1)(e) 1224
of this section.1225

       (f) The value-added progress dimension score for a school 1226
district or building disaggregated for each of the following 1227
subgroups: students identified as gifted, students with 1228
disabilities, and students whose performance places them in the 1229
lowest quintile for achievement on a statewide basis. Each 1230
subgroup shall be a separate graded measure.1231

       (2) Not later than April 30, 2013, the state board of 1232
education shall adopt a resolution describing the performance 1233
measures, benchmarks, and grading system for the 2012-2013 school 1234
year and, not later than June 30, 2013, shall adopt rules in 1235
accordance with Chapter 119. of the Revised Code that prescribe 1236
the methods by which the performance measures under division 1237
(A)(1) of this section shall be assessed and assigned a letter 1238
grade, including performance benchmarks for each letter grade.1239

       At least forty-five days prior to the state board's adoption 1240
of rules to prescribe the methods by which the performance 1241
measures under division (A)(1) of this section shall be assessed 1242
and assigned a letter grade, the department shall conduct a public 1243
presentation before the standing committees of the house of 1244
representatives and the senate that consider education legislation 1245
describing such methods, including performance benchmarks.1246

       (3) There shall not be an overall letter grade for a school 1247
district or building for the 2012-2013 school year.1248

       (B)(1) For the 2013-2014 school year, the department shall 1249
issue grades as described in division (E) of this section for each 1250
of the following performance measures:1251

       (a) Annual measurable objectives; 1252

       (b) Performance index score for a school district or 1253
building. Grades shall be awarded as a percentage of the total 1254
possible points on the performance index system as created by the 1255
department. In adopting benchmarks for assigning letter grades 1256
under division (B)(1)(b) of this section, the state board shall 1257
designate ninety per cent or higher for an "A," at least seventy 1258
per cent but not more than eighty per cent for a "C," and less 1259
than fifty per cent for an "F."1260

       (c) The extent to which the school district or building meets 1261
each of the applicable performance indicators established by the 1262
state board under section 3302.03 of the Revised Code and the 1263
percentage of applicable performance indicators that have been 1264
achieved. In adopting benchmarks for assigning letter grades under 1265
division (B)(1)(c) of this section, the state board shall 1266
designate ninety per cent or higher for an "A."1267

       (d) The four- and five-year adjusted cohort graduation rates;1268

       (e) The overall score under the value-added progress 1269
dimension of a school district or building, for which the 1270
department shall use up to three years of value-added data asfrom 1271
the most recent school year available.1272

       For calculating the metric prescribed by division (B)(1)(e) 1273
of this section, the department shall use assessment scores for 1274
only those students to whom the district or building has 1275
administered the assessments prescribed by section 3301.0710 of 1276
the Revised Code for each of the two most recent consecutive 1277
school years.1278

       (f) The value-added progress dimension score for a school 1279
district or building disaggregated for each of the following 1280
subgroups: students identified as gifted in superior cognitive 1281
ability and specific academic ability fields under Chapter 3324. 1282
of the Revised Code, students with disabilities, and students 1283
whose performance places them in the lowest quintile for 1284
achievement on a statewide basis. Each subgroup shall be a 1285
separate graded measure.1286

       (g) Whether a school district or building is making progress 1287
in improving literacy in grades kindergarten through three, as 1288
determined using a method prescribed by the state board. The state 1289
board shall adopt rules to prescribe benchmarks and standards for 1290
assigning grades to districts and buildings for purposes of 1291
division (B)(1)(g) of this section. In adopting benchmarks for 1292
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 1293
this section, the state board shall determine progress made based 1294
on the reduction in the total percentage of students scoring below 1295
grade level, or below proficient, compared from year to year on 1296
the reading and writing diagnostic assessments administered under 1297
section 3301.0715 of the Revised Code and the third grade English 1298
language arts assessment under section 3301.0710 of the Revised 1299
Code, as applicable. The state board shall designate for a "C" 1300
grade a value that is not lower than the statewide average value 1301
for this measure. No grade shall be issued under divisions 1302
(B)(1)(g) and (C)(1)(g) of this section for a district or building 1303
in which less than five per cent of students have scored below 1304
grade level on the diagnostic assessment administered to students 1305
in kindergarten under division (B)(1) of section 3313.608 of the 1306
Revised Code.1307

       (2) In addition to the graded measures in division (B)(1) of 1308
this section, the department shall include on a school district's 1309
or building's report card all of the following without an assigned 1310
letter grade:1311

       (a) The percentage of students enrolled in a district or 1312
building participating in advanced placement classes and the 1313
percentage of those students who received a score of three or 1314
better on advanced placement examinations;1315

        (b) The number of a district's or building's students who 1316
have earned at least three college credits through dual enrollment 1317
or advanced standing programs, such as the post-secondary 1318
enrollment options program under Chapter 3365. of the Revised Code 1319
and state-approved career-technical courses offered through dual 1320
enrollment or statewide articulation, that appear on a student's 1321
transcript or other official document, either of which is issued 1322
by the institution of higher education from which the student 1323
earned the college credit. The credits earned that are reported 1324
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1325
include any that are remedial or developmental and shall include 1326
those that count toward the curriculum requirements established 1327
for completion of a degree.1328

       (c) The percentage of students enrolled in a district or 1329
building who have taken a national standardized test used for 1330
college admission determinations and the percentage of those 1331
students who are determined to be remediation-free in accordance 1332
with standards adopted under division (F) of section 3345.061 of 1333
the Revised Code;1334

        (d) The percentage of the district's or the building's 1335
students who receive industry credentials. The state board shall 1336
adopt criteria for acceptable industry credentials.1337

        (e) The percentage of students enrolled in a district or 1338
building who are participating in an international baccalaureate 1339
program and the percentage of those students who receive a score 1340
of four or better on the international baccalaureate examinations.1341

        (f) The percentage of the district's or building's students 1342
who receive an honors diploma under division (B) of section 1343
3313.61 of the Revised Code.1344

       (3) Not later than December 31, 2013, the state board shall 1345
adopt rules in accordance with Chapter 119. of the Revised Code 1346
that prescribe the methods by which the performance measures under 1347
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 1348
and assigned a letter grade, including performance benchmarks for 1349
each grade.1350

       At least forty-five days prior to the state board's adoption 1351
of rules to prescribe the methods by which the performance 1352
measures under division (B)(1) of this section shall be assessed 1353
and assigned a letter grade, the department shall conduct a public 1354
presentation before the standing committees of the house of 1355
representatives and the senate that consider education legislation 1356
describing such methods, including performance benchmarks.1357

       (4) There shall not be an overall letter grade for a school 1358
district or building for the 2013-2014 school year.1359

       (C)(1) For the 2014-2015 school year and each school year 1360
thereafter, the department shall issue grades as described in 1361
division (E) of this section for each of the following performance 1362
measures and an overall letter grade based on an aggregate of 1363
those measures:1364

       (a) Annual measurable objectives; 1365

       (b) Performance index score for a school district or 1366
building. Grades shall be awarded as a percentage of the total 1367
possible points on the performance index system as created by the 1368
department. In adopting benchmarks for assigning letter grades 1369
under division (C)(1)(b) of this section, the state board shall 1370
designate ninety per cent or higher for an "A," at least seventy 1371
per cent but not more than eighty per cent for a "C," and less 1372
than fifty per cent for an "F."1373

       (c) The extent to which the school district or building meets 1374
each of the applicable performance indicators established by the 1375
state board under section 3302.03 of the Revised Code and the 1376
percentage of applicable performance indicators that have been 1377
achieved. In adopting benchmarks for assigning letter grades under 1378
division (C)(1)(c) of this section, the state board shall 1379
designate ninety per cent or higher for an "A."1380

       (d) The four- and five-year adjusted cohort graduation rates;1381

       (e) The overall score under the value-added progress 1382
dimension, or another measure of student academic progress if 1383
adopted by the state board, of a school district or building, for 1384
which the department shall use up to three years of value-added 1385
data asfrom the most recent school year available.1386

       In adopting benchmarks for assigning letter grades for 1387
overall score on value-added progress dimension under division 1388
(C)(1)(e) of this section, the state board shall prohibit the 1389
assigning of a grade of "A" for that measure unless the district's 1390
or building's grade assigned for value-added progress dimension 1391
for all subgroups under division (C)(1)(f) of this section is a 1392
"B" or higher.1393

       For calculating the metric prescribed by division (C)(1)(e) 1394
of this section, the department shall use assessment scores for 1395
only those students to whom the district or building has 1396
administered the assessments prescribed by section 3301.0710 of 1397
the Revised Code for each of the two most recent consecutive 1398
school years.1399

       For the metric prescribed by division (C)(1)(e) of this 1400
section, the state board may adopt a student academic progress 1401
measure to be used instead of the value-added progress dimension. 1402
If the state board adopts such a measure, it also shall prescribe 1403
a method for assigning letter grades for the new measure that is 1404
comparable to the method prescribed in division (A)(1)(e) of this 1405
section.1406

       (f) The value-added progress dimension score of a school 1407
district or building disaggregated for each of the following 1408
subgroups: students identified as gifted in superior cognitive 1409
ability and specific academic ability fields under Chapter 3324. 1410
of the Revised Code, students with disabilities, and students 1411
whose performance places them in the lowest quintile for 1412
achievement on a statewide basis, as determined by a method 1413
prescribed by the state board. Each subgroup shall be a separate 1414
graded measure.1415

       The state board may adopt student academic progress measures 1416
to be used instead of the value-added progress dimension. If the 1417
state board adopts such measures, it also shall prescribe a method 1418
for assigning letter grades for the new measures that is 1419
comparable to the method prescribed in division (A)(1)(e) of this 1420
section.1421

       (g) Whether a school district or building is making progress 1422
in improving literacy in grades kindergarten through three, as 1423
determined using a method prescribed by the state board. The state 1424
board shall adopt rules to prescribe benchmarks and standards for 1425
assigning grades to a district or building for purposes of 1426
division (C)(1)(g) of this section. The state board shall 1427
designate for a "C" grade a value that is not lower than the 1428
statewide average value for this measure. No grade shall be issued 1429
under division (C)(1)(g) of this section for a district or 1430
building in which less than five per cent of students have scored 1431
below grade level on the kindergarten diagnostic assessment under 1432
division (B)(1) of section 3313.608 of the Revised Code.1433

       (2) In addition to the graded measures in division (C)(1) of 1434
this section, the department shall include on a school district's 1435
or building's report card all of the following without an assigned 1436
letter grade:1437

        (a) The percentage of students enrolled in a district or 1438
building who have taken a national standardized test used for 1439
college admission determinations and the percentage of those 1440
students who are determined to be remediation-free in accordance 1441
with the standards adopted under division (F) of section 3345.061 1442
of the Revised Code;1443

        (b) The percentage of students enrolled in a district or 1444
building participating in advanced placement classes and the 1445
percentage of those students who received a score of three or 1446
better on advanced placement examinations;1447

        (c) The numberpercentage of a district's or building's 1448
students who have earned at least three college credits through 1449
dual enrollmentadvanced standing programs, such as the 1450
post-secondary enrollment optionscollege credit plus program 1451
under Chapter 3365. of the Revised Code and state-approved 1452
career-technical courses offered through dual enrollment or 1453
statewide articulation, that appear on a student's college1454
transcript or other official document, either of which is issued 1455
by the institution of higher education from which the student 1456
earned the college credit. The credits earned that are reported 1457
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1458
include any that are remedial or developmental and shall include 1459
those that count toward the curriculum requirements established 1460
for completion of a degree.1461

        (d) The percentage of the district's or building's students 1462
who receive an honor's diploma under division (B) of section 1463
3313.61 of the Revised Code;1464

        (e) The percentage of the district's or building's students 1465
who receive industry credentials;1466

        (f) The percentage of students enrolled in a district or 1467
building who are participating in an international baccalaureate 1468
program and the percentage of those students who receive a score 1469
of four or better on the international baccalaureate examinations;1470

        (g) The results of the college and career-ready assessments 1471
administered under division (B)(1) of section 3301.0712 of the 1472
Revised Code.1473

        (3) The state board shall adopt rules pursuant to Chapter 1474
119. of the Revised Code that establish a method to assign an 1475
overall grade for a school district or school building for the 1476
2014-2015 school year and each school year thereafter. The rules 1477
shall group the performance measures in divisions (C)(1) and (2) 1478
of this section into the following components:1479

        (a) Gap closing, which shall include the performance measure 1480
in division (C)(1)(a) of this section;1481

        (b) Achievement, which shall include the performance measures 1482
in divisions (C)(1)(b) and (c) of this section;1483

        (c) Progress, which shall include the performance measures in 1484
divisions (C)(1)(e) and (f) of this section;1485

        (d) Graduation, which shall include the performance measure 1486
in division (C)(1)(d) of this section;1487

        (e) Kindergarten through third-grade literacy, which shall 1488
include the performance measure in division (C)(1)(g) of this 1489
section;1490

        (f) Prepared for success, which shall include the performance 1491
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 1492
this section. The state board shall develop a method to determine 1493
a grade for the component in division (C)(3)(f) of this section 1494
using the performance measures in divisions (C)(2)(a), (b), (c), 1495
(d), (e), and (f) of this section. When available, the state board 1496
may incorporate the performance measure under division (C)(2)(g) 1497
of this section into the component under division (C)(3)(f) of 1498
this section. When determining the overall grade for the prepared 1499
for success component prescribed by division (C)(3)(f) of this 1500
section, no individual student shall be counted in more than one 1501
performance measure. However, if a student qualifies for more than 1502
one performance measure in the component, the state board may, in 1503
its method to determine a grade for the component, specify an 1504
additional weight for such a student that is not greater than or 1505
equal to 1.0. In determining the overall score under division 1506
(C)(3)(f) of this section, the state board shall ensure that the 1507
pool of students included in the performance measures aggregated 1508
under that division are all of the students included in the four- 1509
and five-year adjusted graduation cohort.1510

        In the rules adopted under division (C)(3) of this section, 1511
the state board shall adopt a method for determining a grade for 1512
each component in divisions (C)(3)(a) to (f) of this section. The 1513
state board also shall establish a method to assign an overall 1514
grade of "A," "B," "C," "D," or "F" using the grades assigned for 1515
each component. The method the state board adopts for assigning an 1516
overall grade shall give equal weight to the components in 1517
divisions (C)(3)(b) and (c) of this section.1518

       At least forty-five days prior to the state board's adoption 1519
of rules to prescribe the methods for calculating the overall 1520
grade for the report card, as required by this division, the 1521
department shall conduct a public presentation before the standing 1522
committees of the house of representatives and the senate that 1523
consider education legislation describing the format for the 1524
report card, weights that will be assigned to the components of 1525
the overall grade, and the method for calculating the overall 1526
grade.1527

       (D) Not later than July 1, 2015, the state board shall 1528
develop a measure of student academic progress for high school 1529
students. Beginning with the report card for the 2015-2016 school 1530
year, each school district and applicable school building shall be 1531
assigned a separate letter grade for this measure and the 1532
district's or building's grade for that measure shall be included 1533
in determining the district's or building's overall letter grade. 1534
This measure shall be included within the measure prescribed in 1535
division (C)(3)(c) of this section in the calculation for the 1536
overall letter grade.1537

       (E) The letter grades assigned to a school district or 1538
building under this section shall be as follows:1539

       (1) "A" for a district or school making excellent progress;1540

       (2) "B" for a district or school making above average 1541
progress;1542

       (3) "C" for a district or school making average progress;1543

       (4) "D" for a district or school making below average 1544
progress;1545

       (5) "F" for a district or school failing to meet minimum 1546
progress.1547

        (F) When reporting data on student achievement and progress, 1548
the department shall disaggregate that data according to the 1549
following categories: 1550

       (1) Performance of students by grade-level; 1551

       (2) Performance of students by race and ethnic group; 1552

       (3) Performance of students by gender; 1553

       (4) Performance of students grouped by those who have been 1554
enrolled in a district or school for three or more years; 1555

       (5) Performance of students grouped by those who have been 1556
enrolled in a district or school for more than one year and less 1557
than three years; 1558

       (6) Performance of students grouped by those who have been 1559
enrolled in a district or school for one year or less; 1560

       (7) Performance of students grouped by those who are 1561
economically disadvantaged; 1562

       (8) Performance of students grouped by those who are enrolled 1563
in a conversion community school established under Chapter 3314. 1564
of the Revised Code; 1565

       (9) Performance of students grouped by those who are 1566
classified as limited English proficient; 1567

       (10) Performance of students grouped by those who have 1568
disabilities; 1569

       (11) Performance of students grouped by those who are 1570
classified as migrants; 1571

       (12) Performance of students grouped by those who are 1572
identified as gifted in superior cognitive ability and the 1573
specific academic ability fields of reading and math pursuant to 1574
Chapter 3324. of the Revised Code. In disaggregating specific 1575
academic ability fields for gifted students, the department shall 1576
use data for those students with specific academic ability in math 1577
and reading. If any other academic field is assessed, the 1578
department shall also include data for students with specific 1579
academic ability in that field as well.1580

       (13) Performance of students grouped by those who perform in 1581
the lowest quintile for achievement on a statewide basis, as 1582
determined by a method prescribed by the state board. 1583

       The department may disaggregate data on student performance 1584
according to other categories that the department determines are 1585
appropriate. To the extent possible, the department shall 1586
disaggregate data on student performance according to any 1587
combinations of two or more of the categories listed in divisions 1588
(F)(1) to (13) of this section that it deems relevant. 1589

       In reporting data pursuant to division (F) of this section, 1590
the department shall not include in the report cards any data 1591
statistical in nature that is statistically unreliable or that 1592
could result in the identification of individual students. For 1593
this purpose, the department shall not report student performance 1594
data for any group identified in division (F) of this section that 1595
contains less than ten students. If the department does not report 1596
student performance data for a group because it contains less than 1597
ten students, the department shall indicate on the report card 1598
that is why data was not reported.1599

       (G) The department may include with the report cards any 1600
additional education and fiscal performance data it deems 1601
valuable. 1602

       (H) The department shall include on each report card a list 1603
of additional information collected by the department that is 1604
available regarding the district or building for which the report 1605
card is issued. When available, such additional information shall 1606
include student mobility data disaggregated by race and 1607
socioeconomic status, college enrollment data, and the reports 1608
prepared under section 3302.031 of the Revised Code. 1609

       The department shall maintain a site on the world wide web. 1610
The report card shall include the address of the site and shall 1611
specify that such additional information is available to the 1612
public at that site. The department shall also provide a copy of 1613
each item on the list to the superintendent of each school 1614
district. The district superintendent shall provide a copy of any 1615
item on the list to anyone who requests it. 1616

       (I) Division (I) of this section does not apply to conversion 1617
community schools that primarily enroll students between sixteen 1618
and twenty-two years of age who dropped out of high school or are 1619
at risk of dropping out of high school due to poor attendance, 1620
disciplinary problems, or suspensions. 1621

       (1) For any district that sponsors a conversion community 1622
school under Chapter 3314. of the Revised Code, the department 1623
shall combine data regarding the academic performance of students 1624
enrolled in the community school with comparable data from the 1625
schools of the district for the purpose of determining the 1626
performance of the district as a whole on the report card issued 1627
for the district under this section or section 3302.033 of the 1628
Revised Code. 1629

       (2) Any district that leases a building to a community school 1630
located in the district or that enters into an agreement with a 1631
community school located in the district whereby the district and 1632
the school endorse each other's programs may elect to have data 1633
regarding the academic performance of students enrolled in the 1634
community school combined with comparable data from the schools of 1635
the district for the purpose of determining the performance of the 1636
district as a whole on the district report card. Any district that 1637
so elects shall annually file a copy of the lease or agreement 1638
with the department. 1639

       (3) Any municipal school district, as defined in section 1640
3311.71 of the Revised Code, that sponsors a community school 1641
located within the district's territory, or that enters into an 1642
agreement with a community school located within the district's 1643
territory whereby the district and the community school endorse 1644
each other's programs, may exercise either or both of the 1645
following elections:1646

        (a) To have data regarding the academic performance of 1647
students enrolled in that community school combined with 1648
comparable data from the schools of the district for the purpose 1649
of determining the performance of the district as a whole on the 1650
district's report card;1651

        (b) To have the number of students attending that community 1652
school noted separately on the district's report card.1653

       The election authorized under division (I)(3)(a) of this 1654
section is subject to approval by the governing authority of the 1655
community school.1656

       Any municipal school district that exercises an election to 1657
combine or include data under division (I)(3) of this section, by 1658
the first day of October of each year, shall file with the 1659
department documentation indicating eligibility for that election, 1660
as required by the department.1661

       (J) The department shall include on each report card the 1662
percentage of teachers in the district or building who are highly 1663
qualified, as defined by the "No Child Left Behind Act of 2001,"1664
and a comparison of that percentage with the percentages of such 1665
teachers in similar districts and buildings. 1666

       (K)(1) In calculating English language arts, mathematics, 1667
social studies, or science assessment passage rates used to 1668
determine school district or building performance under this 1669
section, the department shall include all students taking an 1670
assessment with accommodation or to whom an alternate assessment 1671
is administered pursuant to division (C)(1) or (3) of section 1672
3301.0711 of the Revised Code. 1673

        (2) In calculating performance index scores, rates of 1674
achievement on the performance indicators established by the state 1675
board under section 3302.02 of the Revised Code, and annual 1676
measurable objectives for determining adequate yearly progress for 1677
school districts and buildings under this section, the department 1678
shall do all of the following: 1679

       (a) Include for each district or building only those students 1680
who are included in the ADM certified for the first full school 1681
week of October and are continuously enrolled in the district or 1682
building through the time of the spring administration of any 1683
assessment prescribed by division (A)(1) or (B)(1) of section 1684
3301.0710 of the Revised Code that is administered to the 1685
student's grade level; 1686

       (b) Include cumulative totals from both the fall and spring 1687
administrations of the third grade English language arts 1688
achievement assessment; 1689

       (c) Except as required by the "No Child Left Behind Act of 1690
2001," exclude for each district or building any limited English 1691
proficient student who has been enrolled in United States schools 1692
for less than one full school year.1693

       (L) Beginning with the 2015-2016 school year and at least 1694
once every three years thereafter, the state board of education 1695
shall review and may adjust the benchmarks for assigning letter 1696
grades to the performance measures and components prescribed under 1697
divisions (C)(3) and (D) of this section.1698

       Sec. 3302.10.  (A) Beginning July 1, 2007, theThe1699
superintendent of public instruction shall establish an academic 1700
distress commission for each school district that meets any one of 1701
the following conditions for three or more consecutive years:1702

        (1) The district has been declared, for three or more 1703
consecutive years, to be in a state of academic emergency under 1704
section 3302.03 of the Revised Code, as that section existed prior 1705
to the effective date of this amendmentMarch 22, 2013, and has 1706
failed to make adequate yearly progress;1707

        (2) The district has received, for three or more consecutive 1708
years, a grade of "F" for the performance index score and a grade 1709
of "D" or "F" for the value-added progress dimension of section 1710
3302.03 of the Revised Code;1711

        (3) The district has received, for three or more consecutive 1712
years, an overall grade of "F" under division (C)(2) orof section 1713
3302.03 of the Revised Code;1714

       (4) The district has received, for three or more consecutive 1715
years, a grade of "F" for the value-added progress dimension 1716
under division (C)(1)(e) and has received, for the most recent 1717
year, a grade of "F" for the number of performance indicators met 1718
under division (C)(1)(c) of section 3302.03 of the Revised Code;1719

       (4)(5) At least fifty per cent of the schools operated by the 1720
district have received, for three or more consecutive years, an 1721
overall grade of "D" or "F" under division (C)(3) of section 1722
3302.03 of the Revised Code. 1723

       Each commission shall assist the district for which it was 1724
established in improving the district's academic performance.1725

       Each commission is a body both corporate and politic, 1726
constituting an agency and instrumentality of the state and 1727
performing essential governmental functions of the state. A 1728
commission shall be known as the "academic distress commission for 1729
............... (name of school district)," and, in that name, may 1730
exercise all authority vested in such a commission by this 1731
section. A separate commission shall be established for each 1732
school district to which this division applies.1733

       (B) Each academic distress commission shall consist of five 1734
voting members, three of whom shall be appointed by the 1735
superintendent of public instruction and two of whom shall be 1736
residents of the applicable school district appointed by the 1737
president of the district board of education. When a school 1738
district becomes subject to this section, the superintendent of 1739
public instruction shall provide written notification of that fact 1740
to the district board of education and shall request the president 1741
of the district board to submit to the superintendent of public 1742
instruction, in writing, the names of the president's appointees 1743
to the commission. The superintendent of public instruction and 1744
the president of the district board shall make appointments to the 1745
commission within thirty days after the district is notified that 1746
it is subject to this section.1747

        Members of the commission shall serve at the pleasure of 1748
their appointing authority during the life of the commission. In 1749
the event of the death, resignation, incapacity, removal, or 1750
ineligibility to serve of a member, the appointing authority shall 1751
appoint a successor within fifteen days after the vacancy occurs. 1752
Members shall serve without compensation, but shall be paid by the 1753
commission their necessary and actual expenses incurred while 1754
engaged in the business of the commission.1755

       (C) Immediately after appointment of the initial members of 1756
an academic distress commission, the superintendent of public 1757
instruction shall call the first meeting of the commission and 1758
shall cause written notice of the time, date, and place of that 1759
meeting to be given to each member of the commission at least 1760
forty-eight hours in advance of the meeting. The first meeting 1761
shall include an overview of the commission's roles and 1762
responsibilities, the requirements of section 2921.42 and Chapter 1763
102. of the Revised Code as they pertain to commission members, 1764
the requirements of section 121.22 of the Revised Code, and the 1765
provisions of division (F) of this section. At its first meeting, 1766
the commission shall adopt temporary bylaws in accordance with 1767
division (D) of this section to govern its operations until the 1768
adoption of permanent bylaws.1769

        The superintendent of public instruction shall designate a 1770
chairperson for the commission from among the members appointed by 1771
the superintendent. The chairperson shall call and conduct 1772
meetings, set meeting agendas, and serve as a liaison between the 1773
commission and the district board of education. The chairperson 1774
also shall appoint a secretary, who shall not be a member of the 1775
commission.1776

        The department of education shall provide administrative 1777
support for the commission, provide data requested by the 1778
commission, and inform the commission of available state resources 1779
that could assist the commission in its work.1780

        (D) Each academic distress commission may adopt and alter 1781
bylaws and rules, which shall not be subject to section 111.15 or 1782
Chapter 119. of the Revised Code, for the conduct of its affairs 1783
and for the manner, subject to this section, in which its powers 1784
and functions shall be exercised and embodied.1785

        (E) Three members of an academic distress commission 1786
constitute a quorum of the commission. The affirmative vote of 1787
three members of the commission is necessary for any action taken 1788
by vote of the commission. No vacancy in the membership of the 1789
commission shall impair the rights of a quorum by such vote to 1790
exercise all the rights and perform all the duties of the 1791
commission. Members of the commission are not disqualified from 1792
voting by reason of the functions of any other office they hold 1793
and are not disqualified from exercising the functions of the 1794
other office with respect to the school district, its officers, or 1795
the commission.1796

        (F) The members of an academic distress commission, the 1797
superintendent of public instruction, and any person authorized to 1798
act on behalf of or assist them shall not be personally liable or 1799
subject to any suit, judgment, or claim for damages resulting from 1800
the exercise of or failure to exercise the powers, duties, and 1801
functions granted to them in regard to their functioning under 1802
this section, but the commission, superintendent of public 1803
instruction, and such other persons shall be subject to mandamus 1804
proceedings to compel performance of their duties under this 1805
section.1806

        (G) Each member of an academic distress commission shall file 1807
the statement described in section 102.02 of the Revised Code with 1808
the Ohio ethics commission. The statement shall be confidential, 1809
subject to review, as described in division (B) of that section.1810

        (H) Meetings of each academic distress commission shall be 1811
subject to section 121.22 of the Revised Code.1812

        (I)(1) Within one hundred twenty days after the first meeting 1813
of an academic distress commission, the commission shall adopt an 1814
academic recovery plan to improve academic performance in the 1815
school district. The plan shall address academic problems at both 1816
the district and school levels. The plan shall include the 1817
following:1818

        (a) Short-term and long-term actions to be taken to improve 1819
the district's academic performance, including any actions 1820
required by section 3302.04 or 3302.041 of the Revised Code;1821

        (b) The sequence and timing of the actions described in 1822
division (I)(1)(a) of this section and the persons responsible for 1823
implementing the actions;1824

        (c) Resources that will be applied toward improvement 1825
efforts;1826

        (d) Procedures for monitoring and evaluating improvement 1827
efforts;1828

        (e) Requirements for reporting to the commission and the 1829
district board of education on the status of improvement efforts.1830

        (2) The commission may amend the academic recovery plan 1831
subsequent to adoption. The commission shall update the plan at 1832
least annually.1833

        (3) The commission shall submit the academic recovery plan it 1834
adopts or updates to the superintendent of public instruction for 1835
approval immediately following its adoption or updating. The 1836
superintendent shall evaluate the plan and either approve or 1837
disapprove it within thirty days after its submission. If the plan 1838
is disapproved, the superintendent shall recommend modifications 1839
that will render it acceptable. No academic distress commission 1840
shall implement an academic recovery plan unless the 1841
superintendent has approved it.1842

        (4) County, state, and school district officers and employees 1843
shall assist the commission diligently and promptly in the 1844
implementation of the academic recovery plan.1845

        (J) Each academic distress commission shall seek input from 1846
the district board of education regarding ways to improve the 1847
district's academic performance, but any decision of the 1848
commission related to any authority granted to the commission 1849
under this section shall be final.1850

       The commission may do any of the following:1851

       (1) Appoint school building administrators and reassign 1852
administrative personnel;1853

       (2) Terminate the contracts of administrators or 1854
administrative personnel. The commission shall not be required to 1855
comply with section 3319.16 of the Revised Code with respect to 1856
any contract terminated under this division.1857

       (3) Contract with a private entity to perform school or 1858
district management functions;1859

       (4) Establish a budget for the district and approve district 1860
appropriations and expenditures, unless a financial planning and 1861
supervision commission has been established for the district 1862
pursuant to section 3316.05 of the Revised Code.1863

       (K) If the board of education of a district for which an 1864
academic distress commission has been established under this 1865
section renews any collective bargaining agreement under Chapter 1866
4117. of the Revised Code during the existence of the commission, 1867
the district board shall not enter into any agreement that would 1868
render any decision of the commission unenforceable. Section 1869
3302.08 of the Revised Code does not apply to this division.1870

       Notwithstanding any provision to the contrary in Chapter 1871
4117. of the Revised Code, if the board of education has entered 1872
into a collective bargaining agreement after September 29, 2005, 1873
that contains stipulations relinquishing one or more of the rights 1874
or responsibilities listed in division (C) of section 4117.08 of 1875
the Revised Code, those stipulations are not enforceable and the 1876
district board shall resume holding those rights or 1877
responsibilities as if it had not relinquished them in that 1878
agreement until such time as both the academic distress commission 1879
ceases to exist and the district board agrees to relinquish those 1880
rights or responsibilities in a new collective bargaining 1881
agreement. The provisions of this paragraph apply to a collective 1882
bargaining agreement entered into after September 29, 2005, and 1883
those provisions are deemed to be part of that agreement 1884
regardless of whether the district satisfied the conditions 1885
prescribed in division (A) of this section at the time the 1886
district entered into that agreement.1887

       (L) An academic distress commission shall cease to exist when 1888
the district for which it was established receives a performance 1889
rating of in need of continuous improvement or better, under 1890
section 3302.03 of the Revised Code as that section existed prior 1891
to the effective date of this amendmentMarch 22, 2013, or a grade 1892
of "C" or better for both the performance index score under 1893
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added 1894
progress dimension under division (A)(1)(e), (B)(1)(e), or 1895
(C)(1)(e) of section 3302.03 of the Revised Code for two of the 1896
three prior school years; however, the superintendent of public 1897
instruction may dissolve the commission earlier if the 1898
superintendent determines that the district can perform adequately 1899
without the supervision of the commission. Upon termination of the 1900
commission, the department of education shall compile a final 1901
report of the commission's activities to assist other academic 1902
distress commissions in the conduct of their functions.1903

       Sec. 3310.03. ASubject to section 3310.05 of the Revised 1904
Code, a student is an "eligible student" for purposes of the 1905
educational choice scholarship pilot program if the student's 1906
resident district is not a school district in which the pilot 1907
project scholarship program is operating under sections 3313.974 1908
to 3313.979 of the Revised Code and the student satisfies one of 1909
the conditions in division (A), (B), (C), or (D) of this section:1910

       (A)(1) The student is enrolled in a school building operated 1911
by the student's resident district that, on the report card issued 1912
under section 3302.03 of the Revised Code published prior to the 1913
first day of July of the school year for which a scholarship is 1914
sought, did not receive a rating as described in division (H) of 1915
this section, and to which any or a combination of any of the 1916
following apply for two of the three most recent report cards 1917
published prior to the first day of July of the school year for 1918
which a scholarship is sought:1919

       (a) The building was declared to be in a state of academic 1920
emergency or academic watch under section 3302.03 of the Revised 1921
Code as that section existed prior to March 22, 2013.1922

       (b) The building received a grade of "D" or "F" for the 1923
performance index score under division (A)(1)(b) or (B)(1)(b) of 1924
section 3302.03 of the Revised Code and for the value-added 1925
progress dimension under division (A)(1)(e) or (B)(1)(e) of 1926
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 1927
school year, or both; or if the building serves only grades ten 1928
through twelve, the building received a grade of "D" or "F" for 1929
the performance index score under division (A)(1)(b) or (B)(1)(b) 1930
of section 3302.03 of the Revised Code and had a four-year 1931
adjusted cohort graduation rate of less than seventy-five per 1932
cent.1933

        (c) The building received an overall grade of "D" or "F" 1934
under division (C)(3) of section 3302.03 of the Revised Code or a 1935
grade of "F" for the value-added progress dimension under division 1936
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 1937
school year or any school year thereafter.1938

       (2) The student will be enrolling in any of grades 1939
kindergarten through twelve in this state for the first time in 1940
the school year for which a scholarship is sought, will be at 1941
least five years of age by the first day of January of the school 1942
year for which a scholarship is sought, and otherwise would be 1943
assigned under section 3319.01 of the Revised Code in the school 1944
year for which a scholarship is sought, to a school building 1945
described in division (A)(1) of this section.1946

       (3) The student is enrolled in a community school established 1947
under Chapter 3314. of the Revised Code but otherwise would be 1948
assigned under section 3319.01 of the Revised Code to a building 1949
described in division (A)(1) of this section.1950

       (4) The student is enrolled in a school building operated by 1951
the student's resident district or in a community school 1952
established under Chapter 3314. of the Revised Code and otherwise 1953
would be assigned under section 3319.01 of the Revised Code to a 1954
school building described in division (A)(1) of this section in 1955
the school year for which the scholarship is sought.1956

       (5) The student will be both enrolling in any of grades 1957
kindergarten through twelve in this state for the first time and 1958
at least five years of age by the first day of January of the 1959
school year for which a scholarship is sought, or is enrolled in a 1960
community school established under Chapter 3314. of the Revised 1961
Code, and all of the following apply to the student's resident 1962
district:1963

        (a) The district has in force an intradistrict open 1964
enrollment policy under which no student in the student's grade 1965
level is automatically assigned to a particular school building;1966

       (b) In the most recent rating published prior to the first 1967
day of July of the school year for which scholarship is sought, 1968
the district did not receive a rating described in division (H) of 1969
this section, and in at least two of the three most recent report 1970
cards published prior to the first day of July of that school 1971
year, any or a combination of the following apply to the district:1972

        (i) The district was declared to be in a state of academic 1973
emergency under section 3302.03 of the Revised Code as it existed 1974
prior to March 22, 2013.1975

        (ii) The district received a grade of "D" or "F" for the 1976
performance index score under division (A)(1)(b) or (B)(1)(b) of 1977
section 3302.03 of the Revised Code and for the value-added 1978
progress dimension under division (A)(1)(e) or (B)(1)(e) of 1979
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 1980
school year, or both.1981

        (c) The district received an overall grade of "D" or "F" 1982
under division (C)(3) of section 3302.03 of the Revised Code or a 1983
grade of "F" for the value-added progress dimension under division 1984
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 1985
school year or any school year thereafter.1986

       (6) Beginning in the 2016-2017 school year, the student is 1987
enrolled in or will be enrolling in a building in the school year 1988
for which the scholarship is sought that serves any of grades nine 1989
through twelve and that received a grade of "D" or "F" for the 1990
four-year adjusted cohort graduation rate under division 1991
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the 1992
Revised Code in two of the three most recent report cards 1993
published prior to the first day of July of the school year for 1994
which a scholarship is sought.1995

       (B)(1) The student is enrolled in a school building operated 1996
by the student's resident district and to which both of the 1997
following apply:1998

       (a) The building was ranked, for at least two of the three 1999
most recent rankings published under section 3302.21 of the 2000
Revised Code prior to the first day of July of the school year for 2001
which a scholarship is sought, in the lowest ten per cent of all 2002
public school buildings according to performance index score under 2003
section 3302.21 of the Revised Code.2004

       (b) The building was not declared to be excellent or 2005
effective, or the equivalent of such ratings as determined by the 2006
department of education, under section 3302.03 of the Revised Code 2007
in the most recent rating published prior to the first day of July 2008
of the school year for which a scholarship is sought.2009

       (2) The student will be enrolling in any of grades 2010
kindergarten through twelve in this state for the first time in 2011
the school year for which a scholarship is sought, will be at 2012
least five years of age, as defined in section 3321.01 of the 2013
Revised Code, by the first day of January of the school year for 2014
which a scholarship is sought, and otherwise would be assigned 2015
under section 3319.01 of the Revised Code in the school year for 2016
which a scholarship is sought, to a school building described in 2017
division (B)(1) of this section.2018

       (3) The student is enrolled in a community school established 2019
under Chapter 3314. of the Revised Code but otherwise would be 2020
assigned under section 3319.01 of the Revised Code to a building 2021
described in division (B)(1) of this section.2022

       (4) The student is enrolled in a school building operated by 2023
the student's resident district or in a community school 2024
established under Chapter 3314. of the Revised Code and otherwise 2025
would be assigned under section 3319.01 of the Revised Code to a 2026
school building described in division (B)(1) of this section in 2027
the school year for which the scholarship is sought.2028

       (C) The student is enrolled in a nonpublic school at the time 2029
the school is granted a charter by the state board of education 2030
under section 3301.16 of the Revised Code and the student meets 2031
the standards of division (B) of section 3310.031 of the Revised 2032
Code.2033

        (D) For the 2016-2017 school year and each school year 2034
thereafter, the student is in any of grades kindergarten through 2035
three, is enrolled in a school building that is operated by the 2036
student's resident district or will be enrolling in any of grades 2037
kindergarten through twelve in this state for the first time in 2038
the school year for which a scholarship is sought, and to which 2039
both of the following apply:2040

        (1) The building, in at least two of the three most recent 2041
ratings of school buildings published prior to the first day of 2042
July of the school year for which a scholarship is sought, 2043
received a grade of "D" or "F" for making progress in improving 2044
literacy in grades kindergarten through three under division 2045
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;2046

        (2) The building did not receive a grade of "A" for making 2047
progress in improving literacy in grades kindergarten through 2048
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of 2049
the Revised Code in the most recent rating published prior to the 2050
first day of July of the school year for which a scholarship is 2051
sought.2052

        (E) A student who receives a scholarship under the 2053
educational choice scholarship pilot program remains an eligible 2054
student and may continue to receive scholarships in subsequent 2055
school years until the student completes grade twelve, so long as 2056
all of the following apply:2057

       (1) The student's resident district remains the same, or the 2058
student transfers to a new resident district and otherwise would 2059
be assigned in the new resident district to a school building 2060
described in division (A)(1), (B)(1), or (D) of this section; 2061

       (2) The student takes each assessment prescribed for the 2062
student's grade level under section 3301.0710 or 3301.0712 of the 2063
Revised Code while enrolled in a chartered nonpublic school;2064

       (3) In each school year that the student is enrolled in a 2065
chartered nonpublic school, the student is absent from school for 2066
not more than twenty days that the school is open for instruction, 2067
not including excused absences.2068

       (F)(1) The department shall cease awarding first-time 2069
scholarships pursuant to divisions (A)(1) to (4) of this section 2070
with respect to a school building that, in the most recent ratings 2071
of school buildings published under section 3302.03 of the Revised 2072
Code prior to the first day of July of the school year, ceases to 2073
meet the criteria in division (A)(1) of this section. The 2074
department shall cease awarding first-time scholarships pursuant 2075
to division (A)(5) of this section with respect to a school 2076
district that, in the most recent ratings of school districts 2077
published under section 3302.03 of the Revised Code prior to the 2078
first day of July of the school year, ceases to meet the criteria 2079
in division (A)(5) of this section. 2080

       (2) The department shall cease awarding first-time 2081
scholarships pursuant to divisions (B)(1) to (4) of this section 2082
with respect to a school building that, in the most recent ratings 2083
of school buildings under section 3302.03 of the Revised Code 2084
prior to the first day of July of the school year, ceases to meet 2085
the criteria in division (B)(1) of this section. 2086

       (3) The department shall cease awarding first-time 2087
scholarships pursuant to division (D) of this section with respect 2088
to a school building that, in the most recent ratings of school 2089
buildings under section 3302.03 of the Revised Code prior to the 2090
first day of July of the school year, ceases to meet the criteria 2091
in division (D) of this section.2092

        (4) However, students who have received scholarships in the 2093
prior school year remain eligible students pursuant to division 2094
(E) of this section.2095

       (G) The state board of education shall adopt rules defining 2096
excused absences for purposes of division (E)(3) of this section.2097

       (H)(1) A student who satisfies only the conditions prescribed 2098
in divisions (A)(1) to (4) of this section shall not be eligible 2099
for a scholarship if the student's resident building meets any of 2100
the following in the most recent rating under section 3302.03 of 2101
the Revised Code published prior to the first day of July of the 2102
school year for which a scholarship is sought:2103

        (a) The building has an overall designation of excellent or 2104
effective under section 3302.03 of the Revised Code as it existed 2105
prior to March 22, 2013.2106

        (b) For the 2012-2013 or 2013-2014 school year or both, the 2107
building has a grade of "A" or "B" for the performance index score 2108
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the 2109
Revised Code and for the value-added progress dimension under 2110
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised 2111
Code; or if the building serves only grades ten through twelve, 2112
the building received a grade of "A" or "B" for the performance 2113
index score under division (A)(1)(b) or (B)(1)(b) of section 2114
3302.03 of the Revised Code and had a four-year adjusted cohort 2115
graduation rate of greater than or equal to seventy-five per cent.2116

        (c) For the 2014-2015 school year or any school year 2117
thereafter, the building has a grade of "A" or "B" under division 2118
(C)(3) of section 3302.03 of the Revised Code and a grade of "A" 2119
for the value-added progress dimension under division (C)(1)(e) of 2120
section 3302.03 of the Revised Code; or if the building serves 2121
only grades ten through twelve, the building received a grade of 2122
"A" or "B" for the performance index score under division 2123
(C)(1)(b) of section 3302.03 of the Revised Code and had a 2124
four-year adjusted cohort graduation rate of greater than or equal 2125
to seventy-five per cent.2126

        (2) A student who satisfies only the conditions prescribed in 2127
division (A)(5) of this section shall not be eligible for a 2128
scholarship if the student's resident district meets any of the 2129
following in the most recent rating under section 3302.03 of the 2130
Revised Code published prior to the first day of July of the 2131
school year for which a scholarship is sought:2132

        (a) The district has an overall designation of excellent or 2133
effective under section 3302.03 of the Revised Code as it existed 2134
prior to March 22, 2013.2135

        (b) The district has a grade of "A" or "B" for the 2136
performance index score under division (A)(1)(b) or (B)(1)(b) of 2137
section 3302.03 of the Revised Code and for the value-added 2138
progress dimension under division (A)(1)(e) or (B)(1)(e) of 2139
section 3302.03 of the Revised Code for the 2012-2013 and 2140
2013-2014 school years.2141

        (c) The district has an overall grade of "A" or "B" under 2142
division (C)(3) of section 3302.03 of the Revised Code and a grade 2143
of "A" for the value-added progress dimension under division 2144
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 2145
school year or any school year thereafter.2146

       Sec. 3310.031. (A) The state board of education shall adopt 2147
rules under section 3310.17 of the Revised Code establishing 2148
procedures for granting educational choice scholarships to 2149
eligible students attending a nonpublic school at the time the 2150
state board grants the school a charter under section 3301.16 of 2151
the Revised Code. The procedures shall include at least the 2152
following:2153

       (1) Provisions for extending the application period for 2154
scholarships for the following school year, if necessary due to 2155
the timing of the award of the nonpublic school's charter, in 2156
order for students enrolled in the school at the time the charter 2157
is granted to apply for scholarships for the following school 2158
year;2159

        (2) Provisions for notifying the resident districts of the 2160
nonpublic school's students that the nonpublic school has been 2161
granted a charter and that educational choice scholarships may be 2162
awarded to the school's students for the following school year.2163

        (B) A student who is enrolled in a nonpublic school at the 2164
time the school's charter is granted is an eligible student if any 2165
of the following applies:2166

        (1) At the end of the last school year before the student 2167
enrolled in the nonpublic school, the student was enrolled in a 2168
school building operated by the student's resident district or in 2169
a community school established under Chapter 3314. of the Revised 2170
Code and, for the current or following school year, the student 2171
otherwise would be assigned under section 3319.01 of the Revised 2172
Code to a school building described in division (A)(1) or (B)(1) 2173
of section 3310.03 of the Revised Code.2174

        (2) At the end of the last school year before the student 2175
enrolled in the nonpublic school, the student was enrolled in a 2176
school building operated by the student's resident district and, 2177
for the current or following school year, the student otherwise 2178
would be assigned under section 3319.01 of the Revised Code to a 2179
school building described in division (A)(6) of section 3310.03 of 2180
the Revised Code.2181

       (3) The student was not enrolled in any public or other 2182
nonpublic school before the student enrolled in the nonpublic 2183
school and, for the current or following school year, otherwise 2184
would be assigned under section 3319.01 of the Revised Code to a 2185
school building described in division (A)(1) or (6) or (B)(1) of 2186
section 3310.03 of the Revised Code.2187

       (3)(4) At the end of the last school year before the student 2188
enrolled in the nonpublic school, the student was enrolled in a 2189
school building operated by the student's resident district and, 2190
during that school year, the building met the conditions described 2191
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the 2192
Revised Code.2193

        (4)(5) At the end of the last school year before the student 2194
enrolled in the nonpublic school, the student was enrolled in a 2195
community school established under Chapter 3314. of the Revised 2196
Code but otherwise would have been assigned under section 3319.01 2197
of the Revised Code to a school building that, during that school 2198
year, met the conditions described in division (A)(1) or (B)(1) of 2199
section 3310.03 of the Revised Code.2200

       Sec. 3310.032.  (A) ASubject to section 3310.05 of the 2201
Revised Code, a student is an "eligible student" for purposes of 2202
the expansion of the educational choice scholarship pilot program 2203
under this section if the student's resident district is not a 2204
school district in which the pilot project scholarship program is 2205
operating under sections 3313.974 to 3313.979 of the Revised Code, 2206
the student is not eligible for an educational choice scholarship 2207
under section 3310.03 of the Revised Code, and the student's 2208
family income is at or below two hundred per cent of the federal 2209
poverty guidelines, as defined in section 5101.46 of the Revised 2210
Code.2211

       (B) In each fiscal year for which the general assembly 2212
appropriates funds for purposes of this section, the department of 2213
education shall pay scholarships to attend chartered nonpublic 2214
schools in accordance with section 3310.08 of the Revised Code. 2215
The number of scholarships awarded under this section shall not 2216
exceed the number that can be funded with appropriations made by 2217
the general assembly for this purpose.2218

       (C) Scholarships under this section shall be awarded as 2219
follows:2220

       (1) For the 2013-2014 school year, to eligible students who 2221
are entering kindergarten in that school year for the first time;2222

       (2) For each subsequent school year, scholarships shall be 2223
awarded to eligible students in the next grade level above the 2224
highest grade level awarded in the preceding school year, in 2225
addition to the grade levels for which students received 2226
scholarships in the preceding school year.2227

       (D) If the number of eligible students who apply for a 2228
scholarship under this section exceeds the scholarships available 2229
based on the appropriation for this section, the department shall 2230
award scholarships in the following order of priority:2231

       (1) First, to eligible students who received scholarships 2232
under this section in the prior school year;2233

       (2) Second, to eligible students with family incomes at or 2234
below one hundred per cent of the federal poverty guidelines. If 2235
the number of students described in division (D)(2) of this 2236
section who apply for a scholarship exceeds the number of 2237
available scholarships after awards are made under division (D)(1) 2238
of this section, the department shall select students described in 2239
division (D)(2) of this section by lot to receive any remaining 2240
scholarships.2241

       (3) Third, to other eligible students who qualify under this 2242
section. If the number of students described in division (D)(3) of 2243
this section exceeds the number of available scholarships after 2244
awards are made under divisions (D)(1) and (2) of this section, 2245
the department shall select students described in division (D)(3) 2246
of this section by lot to receive any remaining scholarships.2247

       (E) Subject to divisions (E)(1) to (3) of this section, a 2248
student who receives a scholarship under this section remains an 2249
eligible student and may continue to receive scholarships under 2250
this section in subsequent school years until the student 2251
completes grade twelve, so long as the student satisfies the 2252
conditions specified in divisions (E)(2) and (3) of section 2253
3310.03 of the Revised Code.2254

       Once a scholarship is awarded under this section, the student 2255
shall remain eligible for that scholarship for the current school 2256
year and subsequent school years even if the student's family 2257
income rises above the amount specified in division (A) of this 2258
section, provided the student remains enrolled in a chartered 2259
nonpublic school, however:2260

        (1) If the student's family income is above two hundred per 2261
cent but at or below three hundred per cent of the federal poverty 2262
guidelines, the student shall receive a scholarship in the amount 2263
of seventy-five per cent of the full scholarship amount.2264

        (2) If the student's family income is above three hundred per 2265
cent but at or below four hundred per cent of the federal poverty 2266
guidelines, the student shall receive a scholarship in the amount 2267
of fifty per cent of the full scholarship amount.2268

        (3) If the student's family income is above four hundred per 2269
cent of the federal poverty guidelines, the student is no longer 2270
eligible to receive an educational choice scholarship. 2271

       Sec. 3310.05. A student entitled to attend school in a school 2272
district in which the pilot project scholarship program is 2273
operating under sections 3313.974 to 3313.979 of the Revised Code 2274
may be eligible for the educational choice scholarship pilot 2275
program established under sections 3310.01 to 3310.17 of the 2276
Revised Code only if the number of applicants for the pilot 2277
project scholarship program exceeds the number of available 2278
scholarships under that program.2279

       Sec. 3311.24.  (A)(1) Except as provided in division (B) of 2280
this section, the board of education of a city, exempted village, 2281
or local school district shall file with the state board of 2282
education a proposal to transfer territory from such district to 2283
an adjoining city, exempted village, or local school district in 2284
any of the following circumstances:2285

       (a) The district board deems the transfer advisable and, if 2286
the portion of the district proposed to be transferred is five 2287
acres or more, the board has obtained written consent to the 2288
transfer from seventy-five per cent of the owners of parcels of 2289
real property on the tax duplicate within that portion of the 2290
district;2291

       (b) A petition, signed by seventy-five per cent of the 2292
qualified electors residing within that portion of a city, 2293
exempted village, or local school district proposed to be 2294
transferred voting at the last general election, requests such a 2295
transfer;2296

       (c) If no qualified electors reside in that portion of the 2297
district proposed to be transferred, a petition, signed by 2298
seventy-five per cent of the owners of parcels of real property on 2299
the tax duplicate within that portion of the district, requests 2300
such a transfer.2301

       (2) The board of education of the district in which such 2302
proposal originates shall file such proposal, together with a map 2303
showing the boundaries of the territory proposed to be 2304
transferred, with the state board of education prior to the first 2305
day of April in any even-numbered year. The state board of 2306
education may, if it is advisable, provide for a hearing in any 2307
suitable place in any of the school districts affected by such 2308
proposed transfer of territory. The state board of education or 2309
its representatives shall preside at any such hearing.2310

       (3) A board of education of a city, exempted village, or 2311
local school district that receives a petition of transfer signed 2312
by electors of the district under division (A)(1)(b) of this 2313
section shall cause the board of elections to check the 2314
sufficiency of signatures on the petition. A board of education of 2315
a city, exempted village, or local school district that receives 2316
written consent or a petition of transfer signed by owners of 2317
parcels of real property under division (A)(1)(a) or (c) of this 2318
section shall cause the county auditor to check the sufficiency of 2319
signatures on the consent or petition.2320

       (4) Not later than the first day of September the state board 2321
of education shall either approve or disapprove a proposed 2322
transfer of territory filed with it as provided by this section 2323
and shall notify, in writing, the boards of education of the 2324
districts affected by such proposed transfer of territory of its 2325
decision.2326

       If the decision of the state board of education is an 2327
approval of the proposed transfer of territory then the board of 2328
education of the district in which the territory is located shall, 2329
within thirty days after receiving the state board of education's 2330
decision, adopt a resolution transferring the territory and shall 2331
forthwith submit a copy of such resolution to the treasurer of the 2332
board of education of the city, exempted village, or local school 2333
district to which the territory is transferred. Such transfer 2334
shall not be complete however, until:2335

       (a) A resolution accepting the transfer has been passed by a 2336
majority vote of the full membership of the board of education of 2337
the city, exempted village, or local school district to which the 2338
territory is transferred;2339

       (b) AnSubject to section 3311.241 of the Revised Code, if 2340
applicable, an equitable division of the funds and indebtedness 2341
between the districts involved has been made by the board of 2342
education making the transfer;2343

       (c) A map showing the boundaries of the territory transferred 2344
has been filed, by the board of education accepting the transfer, 2345
with the county auditor of each county affected by the transfer.2346

       When such transfer is complete the legal title of the school 2347
property in the territory transferred shall be vested in the board 2348
of education or governing board of the school district to which 2349
the territory is transferred.2350

       (B) Whenever the transfer of territory pursuant to this 2351
section is initiated by a board of education, the board shall, 2352
before filing a proposal for transfer with the state board of 2353
education under this section, make a good faith effort to 2354
negotiate the terms of transfer with any other school district 2355
whose territory would be affected by the transfer. Before the 2356
state board may hold a hearing on the transfer, or approve or 2357
disapprove any such transfer, it must receive the following:2358

       (1) A resolution requesting approval of the transfer passed 2359
by the school district submitting the proposal and, if applicable, 2360
evidence of the consent of affected property owners to the 2361
transfer;2362

       (2) Evidence determined to be sufficient by the state board 2363
to show that good faith negotiations have taken place or that the 2364
district requesting the transfer has made a good faith effort to 2365
hold such negotiations;2366

       (3) If any negotiations took place, a statement signed by all 2367
boards that participated in the negotiations, listing the terms 2368
agreed on and the points on which no agreement could be reached.2369

       Negotiations held pursuant to this section shall be governed 2370
by the rules adopted by the state board under division (D) of 2371
section 3311.06 of the Revised Code. Districts involved in a 2372
transfer under division (B) of this section may agree to share 2373
revenues from the property included in the territory to be 2374
transferred, establish cooperative programs between the 2375
participating districts, and establish mechanisms for the 2376
settlement of any future boundary disputes.2377

       Sec. 3311.241.  (A) In the case of a voluntary transfer of 2378
the territory of a school district in accordance with section 2379
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised 2380
Code, and where the transfer results in the complete consolidation 2381
and dissolution of the transferring district, the net indebtedness 2382
owed to the solvency assistance fund created under section 3316.20 2383
of the Revised Code by the transferring district shall be 2384
canceled, provided that all of the following conditions are 2385
satisfied:2386

       (1) The amount owed by the transferring district to the 2387
solvency assistance fund is greater than or equal to thirty-three 2388
per cent of the transferring school district's operating budget 2389
for the current fiscal year, but does not exceed ten million 2390
dollars.2391

       (2) The transferring district has remained in a state of 2392
fiscal emergency pursuant to section 3316.03 of the Revised Code 2393
during the previous two fiscal years.2394

       (3) The acquiring district is in the same county or in a 2395
county contiguous to the county in which the transferring district 2396
is located.2397

       (4) The acquiring district has voluntarily accepted the 2398
transfer.2399

       (5) The acquiring district has submitted to the state board 2400
of education a five-year written projection of solvency which 2401
takes into account the fiscal effects of acquiring the 2402
transferring district. 2403

       (B) If the conditions in division (A) of this section are 2404
satisfied, the acquiring district shall acquire the transferring 2405
district's territory free and clear of any amount owed by the 2406
transferring district to the solvency assistance fund. However, 2407
the acquiring district shall assume the obligations of all other 2408
liens, encumbrances, and debts of the transferring district.2409

       (C) Upon the making of a transfer pursuant to this section, 2410
the board of education of the transferring district is thereby 2411
abolished, and the district is thereby dissolved.2412

       (D) The director of budget and management may transfer any 2413
available moneys from the general revenue fund, appropriated for 2414
operating payments to schools, into the solvency assistance fund 2415
to replace the amount owed by a transferring school district 2416
forgone under division (A) of this section.2417

       Sec. 3311.38.  The state board of education may conduct, or 2418
may direct the superintendent of public instruction to conduct, 2419
studies where there is evidence of need for transfer of local, 2420
exempted village, or city school districts, or parts of any such 2421
districts, to contiguous or noncontiguous local, exempted village, 2422
or city school districts. Such studies shall include a study of 2423
the effect of any proposal upon any portion of a school district 2424
remaining after such proposed transfer. The state board, in 2425
conducting such studies and in making recommendations as a result 2426
thereof, shall consider the possibility of improving school 2427
district organization as well as the desires of the residents of 2428
the school districts which would be affected.2429

       (A) After the adoption of recommendations growing out of any 2430
such study, or upon receipt of a resolution adopted by majority 2431
vote of the full membership of the board of any city, local, or 2432
exempted village school district requesting that the entire 2433
district be transferred to another city, local, or exempted 2434
village school district, the state board may propose by resolution 2435
the transfer of territory, which may consist of part or all of the 2436
territory of a local, exempted village, or city school district to 2437
a contiguous local, exempted village, or city school district.2438

       The state board shall thereupon file a copy of such proposal 2439
with the board of education of each school district whose 2440
boundaries would be altered by the proposal and with the governing 2441
board of any educational service center in which such school 2442
district is located.2443

       The state board may, not less than thirty days following the 2444
adoption of the resolution proposing the transfer of territory, 2445
certify the proposal to the board of elections of the county or 2446
counties in which any of the territory of the proposed district is 2447
located, for the purpose of having the proposal placed on the 2448
ballot at the next general election or at a primary election 2449
occurring not less than ninety days after the adoption of such 2450
resolution.2451

       If any proposal has been previously initiated pursuant to 2452
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 2453
affects any of the territory affected by the proposal of the state 2454
board, the proposal of the state board shall not be placed on the 2455
ballot while the previously initiated proposal is subject to an 2456
election.2457

       Upon certification of a proposal to the board of elections of 2458
any county pursuant to this section, the board of elections of 2459
such county shall make the necessary arrangements for the 2460
submission of such question to the electors of the county 2461
qualified to vote thereon, and the election shall be counted and 2462
canvassed and the results shall be certified in the same manner as 2463
in regular elections for the election of members of a board of 2464
education.2465

       The electors qualified to vote upon a proposal are the 2466
electors residing in the local, exempted village, or city school 2467
districts, containing territory proposed to be transferred.2468

       If the proposed transfer be approved by a majority of the 2469
electors voting on the proposal, the state board, subject to the 2470
approval of the board of education of the district to which the 2471
territory would be transferred, shall make such transfer prior to 2472
the next succeeding July 1.2473

       (B) If a study conducted in accordance with this section 2474
involves a school district with less than four thousand dollars of 2475
assessed value for each pupil in the total student count 2476
determined under section 3317.03 of the Revised Code, the state 2477
board of education, with the approval of the educational service 2478
center governing board, and upon recommendation by the state 2479
superintendent of public instruction, may by resolution transfer 2480
all or any part of such a school district to any city, exempted 2481
village, or local school district which has more than twenty-five 2482
thousand pupils in average daily membership. Such resolution of 2483
transfer shall be adopted only after the board of education of the 2484
receiving school district has adopted a resolution approving the 2485
proposed transfer. For the purposes of this division, the assessed 2486
value shall be as certified in accordance with section 3317.021 of 2487
the Revised Code.2488

       (C) UponSubject to section 3311.241 of the Revised Code, if 2489
applicable, upon the making of a transfer of an entire school 2490
district pursuant to this section, the indebtedness of the 2491
district transferred shall be assumed in full by the acquiring 2492
district and the funds of the district transferred shall be paid 2493
over in full to the acquiring district.2494

       (D) Upon the making of a transfer pursuant to this section, 2495
when only part of a district is transferred, the net indebtedness 2496
of each original district of which only a part is taken by the 2497
acquiring district shall be apportioned between the acquiring 2498
district and the original district in the ratio which the assessed 2499
valuation of the part taken by the acquiring district bears to the 2500
assessed valuation of the original district as of the effective 2501
date of the transfer. As used in this section "net indebtedness" 2502
means the difference between the par value of the outstanding and 2503
unpaid bonds and notes of the school district and the amount held 2504
in the sinking fund and other indebtedness retirement funds for 2505
their redemption.2506

       (E) Upon the making of a transfer pursuant to this section, 2507
when only part of a district is transferred, the funds of the 2508
district from which territory was transferred shall be divided 2509
equitably by the state board between the acquiring district and 2510
that part of the former district remaining after the transfer.2511

       (F) If an entire school district is transferred, the board of 2512
education of such district is thereby abolished. If part of a 2513
school district is transferred, any member of the board of 2514
education who is a legal resident of that part which is 2515
transferred shall thereby cease to be a member of that board.2516

       If an entire school district is transferred, foundation 2517
program moneys accruing to a district accepting school territory 2518
under the provisions of this section shall not be less, in any 2519
year during the next succeeding three years following the 2520
transfer, than the sum of the amounts received by the districts 2521
separately in the year in which the transfer became effective.2522

       Sec. 3311.86.  (A) As used in this section:2523

       (1) "Alliance" means a municipal school district 2524
transformation alliance established as a nonprofit corporation.2525

       (2) "Alliance municipal school district" means a municipal 2526
school district for which an alliance has been created under this 2527
section.2528

       (3) "Partnering community school" means a community school 2529
established under Chapter 3314. of the Revised Code that is 2530
located within the territory of a municipal school district and 2531
that either is sponsored by the district or is a party to an 2532
agreement with the district whereby the district and the community 2533
school endorse each other's programs.2534

       (4) "Transformation alliance education plan" means a plan 2535
prepared by the mayor, and confirmed by the alliance, to transform 2536
public education in the alliance municipal school district to a 2537
system of municipal school district schools and partnering 2538
community schools that will be held to the highest standards of 2539
school performance and student achievement.2540

       (B) If one or more partnering community schools are located 2541
in a municipal school district, the mayor may initiate proceedings 2542
to establish a municipal school district transformation alliance 2543
as a nonprofit corporation under Chapter 1702. of the Revised 2544
Code. The mayor shall have sole authority to appoint the directors 2545
of any alliance created under this section. The directors of the 2546
alliance shall include representatives of all of the following:2547

       (1) The municipal school district;2548

       (2) Partnering community schools;2549

       (3) Members of the community at large, including parents and 2550
educators;2551

       (4) The business community, including business leaders and 2552
foundation leaders.2553

        No one group listed in divisions (B)(1) to (4) of this 2554
section shall comprise a majority of the directors. The mayor 2555
shall be an ex officio director, and serve as the chairperson of 2556
the board of directors, of any alliance created under this 2557
section. If the proceedings are initiated, the mayor shall 2558
identify the directors in the articles of incorporation filed 2559
under section 1702.04 of the Revised Code.2560

       (C)(1) A majority of the members of the board of directors of 2561
the alliance shall constitute a quorum of the board. Any formal 2562
action taken by the board of directors shall take place at a 2563
meeting of the board and shall require the concurrence of a 2564
majority of the members of the board. Meetings of the board of 2565
directors shall be public meetings open to the public at all 2566
times, except that the board and its committees and subcommittees 2567
may hold an executive session, as if it were a public body with 2568
public employees, for any of the purposes for which an executive 2569
session of a public body is permitted under division (G) of 2570
section 121.22 of the Revised Code, notwithstanding that the 2571
alliance is not a public body as defined in that section, and its 2572
employees are not public employees as provided in division (F) of 2573
this section. The board of directors shall establish reasonable 2574
methods whereby any person may determine the time and place of all 2575
of the board's public meetings and by which any person, upon 2576
request, may obtain reasonable advance notification of the board's 2577
public meetings. Provisions for that advance notification may 2578
include, but are not limited to, mailing notices to all 2579
subscribers on a mailing list or mailing notices in 2580
self-addressed, stamped envelopes provided by the person.2581

       (2) All records of the alliance shall be organized and 2582
maintained by the alliance and also filed with the department of 2583
education. The alliance and the department shall make those 2584
records available to the public as though those records were 2585
public records for purposes of Chapter 149. of the Revised Code. 2586
The department shall promptly notify the alliance upon the 2587
department's receipt of any requests for records relating to the 2588
alliance pursuant to section 149.43 of the Revised Code.2589

       (3) The board of directors of the alliance shall establish a 2590
conflicts of interest policy and shall adopt that policy, and any 2591
amendments to the policy, at a meeting of the board held in 2592
accordance with this section.2593

       (D) If an alliance is created under this section, the 2594
alliance shall do all of the following:2595

       (1) Report annually on the performance of all municipal 2596
school district schools and all community schools established 2597
under Chapter 3314. of the Revised Code and located in the 2598
district, using the criteria adopted under division (B) of section 2599
3311.87 of the Revised Code;2600

       (2) Confirm and monitor implementation of the transformation 2601
alliance education plan;2602

       (3) Suggest national education models for and provide input 2603
in the development of new municipal school district schools and 2604
partnering community schools.2605

       (E) Divisions (E)(1) to (3) of this section apply to each 2606
community school sponsor that is subject to approval by the 2607
department of education under section 3314.015 of the Revised Code 2608
whose approval under that section is granted or renewed on or 2609
after October 1, 2012. Divisions (E)(1) to (3) of this section do 2610
not apply to a sponsor that has been approved by the department 2611
prior to that date, until the sponsor's approval is renewed or 2612
granted anew on or after that date.2613

       (1) Before a sponsor to which this section applies may 2614
sponsor new community schools in an alliance municipal school 2615
district, the sponsor shall request recommendation from the 2616
alliance to sponsor community schools in the district.2617

       (2) The alliance shall review the sponsor's application and 2618
shall make a recommendation based on the standards for sponsors 2619
developed under division (A)(2) of section 3311.87 of the Revised 2620
Code.2621

       (3) The department shall use the standards developed under 2622
division (A)(2) of section 3311.87 of the Revised Code, in 2623
addition to any other requirements of the Revised Code, to review 2624
a sponsor's request and make a final determination, on 2625
recommendation of the alliance, of whether the sponsor may sponsor 2626
new community schools in the alliance municipal school district2627
The alliance may recommend to the department of education the 2628
capacity and ability of the following entities to sponsor 2629
community schools in the alliance school district as follows:2630

       (1) An entity that initially applies to sponsor community 2631
schools in an alliance municipal school district. The department 2632
shall notify the alliance within ten days after receiving any such 2633
initial application.2634

       (2) An entity already approved by the department to sponsor 2635
community schools outside of the alliance municipal school 2636
district. The entity may not sponsor a school in the alliance 2637
school district until it receives approval from the department. 2638
The entity shall request approval from the department not less 2639
than twelve months prior to entering into a contract under section 2640
3314.03 of the Revised Code. The department shall notify the 2641
alliance within ten days after receiving any such application.2642

       (3) An entity that sponsors community schools in the alliance 2643
municipal school district on the effective date of this section. 2644
If an alliance so chooses to evaluate such entities for 2645
recommendation, the department shall establish a schedule by which 2646
the alliance recommends the capacity and ability of such sponsors. 2647
The schedule shall prescribe that all recommendations be completed 2648
not later than December 31, 2017.2649

       Division (E) of this section does not apply to any entity 2650
that sponsors community schools and that is exempted under section 2651
3314.021 or 3314.027 of the Revised Code from the requirement to 2652
be approved for sponsorship under divisions (A)(2) and (B)(1) of 2653
section 3314.015 of the Revised Code.2654

        No sponsor shall be required to receive authorization to 2655
sponsor new community schools under division (E)(3) of this 2656
section more than one time. 2657

       (F) Directors, officers, and employees of an alliance are not 2658
public employees or public officials, are not subject to Chapters 2659
124., 145., and 4117. of the Revised Code, and are not "public 2660
officials" or "public servants" as defined in section 2921.01 of 2661
the Revised Code. Membership on the board of directors of an 2662
alliance does not constitute the holding of an incompatible public 2663
office or employment in violation of any statutory or common law 2664
prohibition against the simultaneous holding of more than one 2665
public office or employment. Members of the board of directors of 2666
an alliance are not disqualified from holding any public office by 2667
reason of that membership, and do not forfeit by reason of that 2668
membership the public office or employment held when appointed to 2669
the board, notwithstanding any contrary disqualification or 2670
forfeiture requirement under the Revised Code or the common law of 2671
this state.2672

       (G) The authority to establish an alliance under this section 2673
expires on January 1, 2018. Any alliance established under this 2674
section is terminated, and any related authority granted to the 2675
alliance under this section expires on that date.2676

       Sec. 3313.372.  (A) As used in this section, "energy 2677
conservation measure" means an installation or modification of an 2678
installation in, or remodeling of, a building, to reduce energy 2679
consumption. It includes:2680

       (1) Insulation of the building structure and systems within 2681
the building;2682

       (2) Storm windows and doors, multiglazed windows and doors, 2683
heat absorbing or heat reflective glazed and coated window and 2684
door systems, additional glazing, reductions in glass area, and 2685
other window and door system modifications that reduce energy 2686
consumption;2687

       (3) Automatic energy control systems;2688

       (4) Heating, ventilating, or air conditioning system 2689
modifications or replacements;2690

       (5) Caulking and weatherstripping;2691

       (6) Replacement or modification of lighting fixtures to 2692
increase the energy efficiency of the system without increasing 2693
the overall illumination of a facility, unless such increase in 2694
illumination is necessary to conform to the applicable state or 2695
local building code for the proposed lighting system;2696

       (7) Energy recovery systems;2697

       (8) Cogeneration systems that produce steam or forms of 2698
energy such as heat, as well as electricity, for use primarily 2699
within a building or complex of buildings;2700

       (9) Any other modification, installation, or remodeling 2701
approved by the Ohio school facilities commission as an energy 2702
conservation measure.2703

       (B) A board of education of a city, exempted village, local, 2704
or joint vocational school district may enter into an installment 2705
payment contract for the purchase and installation of energy 2706
conservation measures. The provisions of such installment payment 2707
contracts dealing with interest charges and financing terms shall 2708
not be subject to the competitive bidding requirements of section 2709
3313.46 of the Revised Code, and shall be on the following terms:2710

       (1) Not less than one-fifteenth of the costs thereof shall be 2711
paid within two years from the date of purchase.2712

       (2) The remaining balance of the costs thereof shall be paid 2713
within fifteen years from the date of purchase.2714

       The provisions of any installment payment contract entered 2715
into pursuant to this section shall provide that all payments, 2716
except payments for repairs and obligations on termination of the 2717
contract prior to its expiration, be stated as a percentage of2718
shall not exceed the calculated energy, water, or waste water cost 2719
savings, avoided operating costs, and avoided capital costs 2720
attributable to the one or more measures over a defined period of 2721
time. Those payments shall be made only to the extent that the 2722
savings described in this division actually occur. The contractor 2723
shall warrant and guarantee that the energy conservation measures 2724
shall realize guaranteed savings and shall be responsible to pay 2725
an amount equal to any savings shortfall.2726

       An installment payment contract entered into by a board of 2727
education under this section shall require the board to contract 2728
in accordance with division (A) of section 3313.46 of the Revised 2729
Code for the installation, modification, or remodeling of energy 2730
conservation measures unless division (A) of section 3313.46 of 2731
the Revised Code does not apply pursuant to division (B)(3) of 2732
that section, in which case the contract shall be awarded through 2733
a competitive selection process pursuant to rules adopted by the 2734
school facilities commission.2735

       An installment payment contract entered into by a board of 2736
education under this section may include services for measurement 2737
and verification of energy savings associated with the guarantee. 2738
The annual cost of measurement and verification services shall not 2739
exceed ten per cent of the guaranteed savings in any year of the 2740
installment payment contract.2741

       (C) The board may issue the notes of the school district 2742
signed by the president and the treasurer of the board and 2743
specifying the terms of the purchase and securing the deferred 2744
payments provided in this section, payable at the times provided 2745
and bearing interest at a rate not exceeding the rate determined 2746
as provided in section 9.95 of the Revised Code. The notes may 2747
contain an option for prepayment and shall not be subject to 2748
Chapter 133. of the Revised Code. In the resolution authorizing 2749
the notes, the board may provide, without the vote of the electors 2750
of the district, for annually levying and collecting taxes in 2751
amounts sufficient to pay the interest on and retire the notes, 2752
except that the total net indebtedness of the district without a 2753
vote of the electors incurred under this and all other sections of 2754
the Revised Code, except section 3318.052 of the Revised Code, 2755
shall not exceed one per cent of the district's tax valuation. 2756
Revenues derived from local taxes or otherwise, for the purpose of 2757
conserving energy or for defraying the current operating expenses 2758
of the district, may be applied to the payment of interest and the 2759
retirement of such notes. The notes may be sold at private sale or 2760
given to the contractor under the installment payment contract 2761
authorized by division (B) of this section.2762

       (D) Debt incurred under this section shall not be included in 2763
the calculation of the net indebtedness of a school district under 2764
section 133.06 of the Revised Code.2765

       (E) No school district board shall enter into an installment 2766
payment contract under division (B) of this section unless it 2767
first obtains a report of the costs of the energy conservation 2768
measures and the savings thereof as described under division (G) 2769
of section 133.06 of the Revised Code as a requirement for issuing 2770
energy securities, makes a finding that the amount spent on such 2771
measures is not likely to exceed the amount of money it would save 2772
in energy costs and resultant operational and maintenance costs as 2773
described in that division, except that that finding shall cover 2774
the ensuing fifteen years, and the Ohio school facilities 2775
commission determines that the district board's findings are 2776
reasonable and approves the contract as described in that 2777
division.2778

       The district board shall monitor the savings and maintain a 2779
report of those savings, which shall be submitted to the 2780
commission in the same manner as required by division (G) of 2781
section 133.06 of the Revised Code in the case of energy 2782
securities.2783

       Sec. 3313.537.  (A) As used in this section, "extracurricular 2784
activity" means a pupil activity program that a school or school 2785
district operates and is not included in the school district's 2786
graded course of study, including an interscholastic 2787
extracurricular activity that a school or school district sponsors 2788
or participates in and that has participants from more than one 2789
school or school district.2790

        (B)(1) A student in grades seven to twelve who is enrolled in 2791
a community school established under Chapter 3314. of the Revised 2792
Code that is sponsored by the city, local, or exempted village 2793
school district in which the student is entitled to attend school 2794
pursuant to section 3313.64 or 3313.65 of the Revised Code shall 2795
be afforded the opportunity to participate in any extracurricular 2796
activities offered at the traditional public school that is 2797
operated by the school district and to which the student otherwise 2798
would be assigned. If more than one such school operated by the 2799
school district serves the student's grade level, the student 2800
shall be afforded the opportunity to participate in any 2801
extracurricular activities offered at the school to which the 2802
student would be assigned by the district superintendent pursuant 2803
to section 3319.01 of the Revised Code.2804

       (2) A student who is enrolled inor in a science, technology, 2805
engineering, and mathematics school established under Chapter 2806
3326. of the Revised Code shall not be prohibited from 2807
participating in any extracurricular activities offered at the 2808
traditional public school that is operated by the school district 2809
in which the student is entitled to attend school pursuant to 2810
section 3313.64 or 3313.65 of the Revised Code and to which the 2811
student otherwise would be assigned. If more than one such school 2812
operated by the school district serves the student's grade level, 2813
the student shall be afforded the opportunity to participate in 2814
any extracurricular activities offered at the school to which the 2815
student would be assigned by the district superintendent pursuant 2816
to section 3319.01 of the Revised Codebe afforded, by the 2817
superintendent of the school district in which the student is 2818
entitled to attend school under section 3313.64 or 3313.65 of the 2819
Revised Code, the opportunity to participate in that 2820
extracurricular activity at the district school to which the 2821
student otherwise would be assigned during that school year. If 2822
more than one school operated by the school district serves the 2823
student's grade level, as determined by the district 2824
superintendent based on the student's age and academic 2825
performance, the student shall be afforded the opportunity to 2826
participate in that extracurricular activity at the school to 2827
which the student would be assigned by the superintendent under 2828
section 3319.01 of the Revised Code.2829

       (2) The superintendent of any school district may afford any 2830
student enrolled in community school or science, technology, 2831
engineering, and mathematics school, and who is not entitled to 2832
attend school in the district under section 3313.64 or 3313.65 of 2833
the Revised Code, the opportunity to participate in an 2834
extracurricular activity offered by a school of the district, if 2835
both of the following apply:2836

       (a) The school in which the student is enrolled does not 2837
offer the extracurricular activity.2838

        (b) The extracurricular activity is not interscholastic 2839
athletics or interscholastic contests or competition in music, 2840
drama, or forensics.2841

        (C) In order to participate in any extracurricular activity 2842
under this section, the student shall be of the appropriate age 2843
and grade level, as determined by the superintendent of the 2844
district, for the school that offers the extracurricular activity, 2845
and shall fulfill the same academic, nonacademic, and financial 2846
requirements as any other participant, including the rules and 2847
policies adopted by the school district under section 3313.535 of 2848
the Revised Code. The school district board of education may 2849
require a community school student to enroll and participate in no 2850
more than one academic course at the school offering the 2851
extracurricular activity as a condition to participating in the 2852
activity. In that case, the board shall admit students seeking to 2853
enroll in an academic course to fulfill the requirement as space 2854
allows after first enrolling students assigned to that school.2855

        (D) No school district board of education shall take any 2856
action contrary to the provisions of this section.2857

       (E) No school or school district shall impose additional 2858
rules on a student to participate under this section that do not 2859
apply to other students participating in the same extracurricular 2860
activity. No school or school district shall impose fees for a 2861
student to participate under this section that exceed any fees 2862
charged to other students participating in the same 2863
extracurricular activity.2864

        (F) No school district, interscholastic conference, or 2865
organization that regulates interscholastic conferences or events 2866
shall require a student who is eligible to participate in 2867
extracurricular activities under this section to meet eligibility 2868
requirements that conflict with this section.2869

       Sec. 3313.603.  (A) As used in this section:2870

       (1) "One unit" means a minimum of one hundred twenty hours of 2871
course instruction, except that for a laboratory course, "one 2872
unit" means a minimum of one hundred fifty hours of course 2873
instruction.2874

       (2) "One-half unit" means a minimum of sixty hours of course 2875
instruction, except that for physical education courses, "one-half 2876
unit" means a minimum of one hundred twenty hours of course 2877
instruction.2878

       (B) Beginning September 15, 2001, except as required in 2879
division (C) of this section and division (C) of section 3313.614 2880
of the Revised Code, the requirements for graduation from every 2881
high school shall include twenty units earned in grades nine 2882
through twelve and shall be distributed as follows:2883

       (1) English language arts, four units;2884

       (2) Health, one-half unit;2885

       (3) Mathematics, three units;2886

       (4) Physical education, one-half unit;2887

       (5) Science, two units until September 15, 2003, and three 2888
units thereafter, which at all times shall include both of the 2889
following:2890

       (a) Biological sciences, one unit;2891

       (b) Physical sciences, one unit.2892

       (6) History and government, one unit, which shall comply with 2893
division (M) of this section and shall include both of the 2894
following:2895

       (a) American history, one-half unit;2896

       (b) American government, one-half unit.2897

       (7) Social studies, two units.2898

       (8) Elective units, seven units until September 15, 2003, and 2899
six units thereafter.2900

       Each student's electives shall include at least one unit, or 2901
two half units, chosen from among the areas of 2902
business/technology, fine arts, and/or foreign language.2903

       (C) Beginning with students who enter ninth grade for the 2904
first time on or after July 1, 2010, except as provided in 2905
divisions (D) to (F) of this section, the requirements for 2906
graduation from every public and chartered nonpublic high school 2907
shall include twenty units that are designed to prepare students 2908
for the workforce and college. The units shall be distributed as 2909
follows:2910

       (1) English language arts, four units;2911

       (2) Health, one-half unit, which shall include instruction in 2912
nutrition and the benefits of nutritious foods and physical 2913
activity for overall health;2914

       (3) Mathematics, four units, which shall include one unit of 2915
algebra II or the equivalent of algebra II;2916

       (4) Physical education, one-half unit;2917

       (5) Science, three units with inquiry-based laboratory 2918
experience that engages students in asking valid scientific 2919
questions and gathering and analyzing information, which shall 2920
include the following, or their equivalent:2921

       (a) Physical sciences, one unit;2922

       (b) Life sciences, one unit;2923

       (c) Advanced study in one or more of the following sciences, 2924
one unit:2925

       (i) Chemistry, physics, or other physical science;2926

       (ii) Advanced biology or other life science;2927

       (iii) Astronomy, physical geology, or other earth or space 2928
science.2929

       (6) History and government, one unit, which shall comply with 2930
division (M) of this section and shall include both of the 2931
following:2932

       (a) American history, one-half unit;2933

       (b) American government, one-half unit.2934

       (7) Social studies, two units.2935

       Each school shall integrate the study of economics and 2936
financial literacy, as expressed in the social studies academic 2937
content standards adopted by the state board of education under 2938
division (A)(1) of section 3301.079 of the Revised Code and the 2939
academic content standards for financial literacy and 2940
entrepreneurship adopted under division (A)(2) of that section, 2941
into one or more existing social studies credits required under 2942
division (C)(7) of this section, or into the content of another 2943
class, so that every high school student receives instruction in 2944
those concepts. In developing the curriculum required by this 2945
paragraph, schools shall use available public-private partnerships 2946
and resources and materials that exist in business, industry, and 2947
through the centers for economics education at institutions of 2948
higher education in the state.2949

       (8) Five units consisting of one or any combination of 2950
foreign language, fine arts, business, career-technical education, 2951
family and consumer sciences, technology, agricultural education, 2952
a junior reserve officer training corps (JROTC) program approved 2953
by the congress of the United States under title 10 of the United 2954
States Code, or English language arts, mathematics, science, or 2955
social studies courses not otherwise required under division (C) 2956
of this section.2957

       Ohioans must be prepared to apply increased knowledge and 2958
skills in the workplace and to adapt their knowledge and skills 2959
quickly to meet the rapidly changing conditions of the 2960
twenty-first century. National studies indicate that all high 2961
school graduates need the same academic foundation, regardless of 2962
the opportunities they pursue after graduation. The goal of Ohio's 2963
system of elementary and secondary education is to prepare all 2964
students for and seamlessly connect all students to success in 2965
life beyond high school graduation, regardless of whether the next 2966
step is entering the workforce, beginning an apprenticeship, 2967
engaging in post-secondary training, serving in the military, or 2968
pursuing a college degree.2969

        The Ohio core curriculum is the standard expectation for all 2970
students entering ninth grade for the first time at a public or 2971
chartered nonpublic high school on or after July 1, 2010. A 2972
student may satisfy this expectation through a variety of methods, 2973
including, but not limited to, integrated, applied, 2974
career-technical, and traditional coursework.2975

       Whereas teacher quality is essential for student success in 2976
completing the Ohio core curriculum, the general assembly shall 2977
appropriate funds for strategic initiatives designed to strengthen 2978
schools' capacities to hire and retain highly qualified teachers 2979
in the subject areas required by the curriculum. Such initiatives 2980
are expected to require an investment of $120,000,000 over five 2981
years.2982

       Stronger coordination between high schools and institutions 2983
of higher education is necessary to prepare students for more 2984
challenging academic endeavors and to lessen the need for academic 2985
remediation in college, thereby reducing the costs of higher 2986
education for Ohio's students, families, and the state. The state 2987
board and the chancellor of the Ohio board of regents shall 2988
develop policies to ensure that only in rare instances will 2989
students who complete the Ohio core curriculum require academic 2990
remediation after high school.2991

       School districts, community schools, and chartered nonpublic 2992
schools shall integrate technology into learning experiences 2993
across the curriculum in order to maximize efficiency, enhance 2994
learning, and prepare students for success in the 2995
technology-driven twenty-first century. Districts and schools 2996
shall use distance and web-based course delivery as a method of 2997
providing or augmenting all instruction required under this 2998
division, including laboratory experience in science. Districts 2999
and schools shall utilize technology access and electronic 3000
learning opportunities provided by the broadcast educational media 3001
commission, chancellor, the Ohio learning network, education 3002
technology centers, public television stations, and other public 3003
and private providers.3004

       (D) Except as provided in division (E) of this section, a 3005
student who enters ninth grade on or after July 1, 2010, and 3006
before July 1, 2014, may qualify for graduation from a public or 3007
chartered nonpublic high school even though the student has not 3008
completed the Ohio core curriculum prescribed in division (C) of 3009
this section if all of the following conditions are satisfied:3010

       (1) After the student has attended high school for two years, 3011
as determined by the school, the student and the student's parent, 3012
guardian, or custodian sign and file with the school a written 3013
statement asserting the parent's, guardian's, or custodian's 3014
consent to the student's graduating without completing the Ohio 3015
core curriculum and acknowledging that one consequence of not 3016
completing the Ohio core curriculum is ineligibility to enroll in 3017
most state universities in Ohio without further coursework.3018

       (2) The student and parent, guardian, or custodian fulfill 3019
any procedural requirements the school stipulates to ensure the 3020
student's and parent's, guardian's, or custodian's informed 3021
consent and to facilitate orderly filing of statements under 3022
division (D)(1) of this section.3023

       (3) The student and the student's parent, guardian, or 3024
custodian and a representative of the student's high school 3025
jointly develop an individual careera student success plan for 3026
the student in the manner described in division (C)(1) of section 3027
3313.6020 of the Revised Code that specifies the student 3028
matriculating to a two-year degree program, acquiring a business 3029
and industry credential, or entering an apprenticeship.3030

       (4) The student's high school provides counseling and support 3031
for the student related to the plan developed under division 3032
(D)(3) of this section during the remainder of the student's high 3033
school experience.3034

       (5) The student successfully completes, at a minimum, the 3035
curriculum prescribed in division (B) of this section.3036

       The department of education, in collaboration with the 3037
chancellor, shall analyze student performance data to determine if 3038
there are mitigating factors that warrant extending the exception 3039
permitted by division (D) of this section to high school classes 3040
beyond those entering ninth grade before July 1, 2014. The 3041
department shall submit its findings and any recommendations not 3042
later than August 1, 2014, to the speaker and minority leader of 3043
the house of representatives, the president and minority leader of 3044
the senate, the chairpersons and ranking minority members of the 3045
standing committees of the house of representatives and the senate 3046
that consider education legislation, the state board of education, 3047
and the superintendent of public instruction.3048

       (E) Each school district and chartered nonpublic school 3049
retains the authority to require an even more rigorous minimum 3050
curriculum for high school graduation than specified in division 3051
(B) or (C) of this section. A school district board of education, 3052
through the adoption of a resolution, or the governing authority 3053
of a chartered nonpublic school may stipulate any of the 3054
following:3055

        (1) A minimum high school curriculum that requires more than 3056
twenty units of academic credit to graduate;3057

        (2) An exception to the district's or school's minimum high 3058
school curriculum that is comparable to the exception provided in 3059
division (D) of this section but with additional requirements, 3060
which may include a requirement that the student successfully 3061
complete more than the minimum curriculum prescribed in division 3062
(B) of this section;3063

        (3) That no exception comparable to that provided in division 3064
(D) of this section is available.3065

       (F) A student enrolled in a dropout prevention and recovery 3066
program, which program has received a waiver from the department, 3067
may qualify for graduation from high school by successfully 3068
completing a competency-based instructional program administered 3069
by the dropout prevention and recovery program in lieu of 3070
completing the Ohio core curriculum prescribed in division (C) of 3071
this section. The department shall grant a waiver to a dropout 3072
prevention and recovery program, within sixty days after the 3073
program applies for the waiver, if the program meets all of the 3074
following conditions:3075

       (1) The program serves only students not younger than sixteen 3076
years of age and not older than twenty-one years of age.3077

       (2) The program enrolls students who, at the time of their 3078
initial enrollment, either, or both, are at least one grade level 3079
behind their cohort age groups or experience crises that 3080
significantly interfere with their academic progress such that 3081
they are prevented from continuing their traditional programs.3082

       (3) The program requires students to attain at least the 3083
applicable score designated for each of the assessments prescribed 3084
under division (B)(1) of section 3301.0710 of the Revised Code or, 3085
to the extent prescribed by rule of the state board under division 3086
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 3087
of that section.3088

       (4) The program develops an individual careera student 3089
success plan for the student in the manner described in division 3090
(C)(1) of section 3313.6020 of the Revised Code that specifies the 3091
student's matriculating to a two-year degree program, acquiring a 3092
business and industry credential, or entering an apprenticeship.3093

       (5) The program provides counseling and support for the 3094
student related to the plan developed under division (F)(4) of 3095
this section during the remainder of the student's high school 3096
experience.3097

       (6) The program requires the student and the student's 3098
parent, guardian, or custodian to sign and file, in accordance 3099
with procedural requirements stipulated by the program, a written 3100
statement asserting the parent's, guardian's, or custodian's 3101
consent to the student's graduating without completing the Ohio 3102
core curriculum and acknowledging that one consequence of not 3103
completing the Ohio core curriculum is ineligibility to enroll in 3104
most state universities in Ohio without further coursework.3105

       (7) Prior to receiving the waiver, the program has submitted 3106
to the department an instructional plan that demonstrates how the 3107
academic content standards adopted by the state board under 3108
section 3301.079 of the Revised Code will be taught and assessed.3109

       (8) Prior to receiving the waiver, the program has submitted 3110
to the department a policy on career advising that satisfies the 3111
requirements of section 3313.6020 of the Revised Code, with an 3112
emphasis on how every student will receive career advising.3113

       (9) Prior to receiving the waiver, the program has submitted 3114
to the department a written agreement outlining the future 3115
cooperation between the program and any combination of local job 3116
training, postsecondary education, nonprofit, and health and 3117
social service organizations to provide services for students in 3118
the program and their families.3119

       Divisions (F)(8) and (9) of this section apply only to 3120
waivers granted on or after July 1, 2016.3121

       If the department does not act either to grant the waiver or 3122
to reject the program application for the waiver within sixty days 3123
as required under this section, the waiver shall be considered to 3124
be granted.3125

       (G) Every high school may permit students below the ninth 3126
grade to take advanced work. If a high school so permits, it shall 3127
award high school credit for successful completion of the advanced 3128
work and shall count such advanced work toward the graduation 3129
requirements of division (B) or (C) of this section if the 3130
advanced work was both:3131

       (1) Taught by a person who possesses a license or certificate 3132
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 3133
Code that is valid for teaching high school;3134

       (2) Designated by the board of education of the city, local, 3135
or exempted village school district, the board of the cooperative 3136
education school district, or the governing authority of the 3137
chartered nonpublic school as meeting the high school curriculum 3138
requirements.3139

        Each high school shall record on the student's high school 3140
transcript all high school credit awarded under division (G) of 3141
this section. In addition, if the student completed a seventh- or 3142
eighth-grade fine arts course described in division (K) of this 3143
section and the course qualified for high school credit under that 3144
division, the high school shall record that course on the 3145
student's high school transcript.3146

       (H) The department shall make its individual academic career 3147
plan available through its Ohio career information system web site 3148
for districts and schools to use as a tool for communicating with 3149
and providing guidance to students and families in selecting high 3150
school courses.3151

        (I) Units earned in English language arts, mathematics, 3152
science, and social studies that are delivered through integrated 3153
academic and career-technical instruction are eligible to meet the 3154
graduation requirements of division (B) or (C) of this section.3155

       (J) The state board, in consultation with the chancellor, 3156
shall adopt a statewide plan implementing methods for students to 3157
earn units of high school credit based on a demonstration of 3158
subject area competency, instead of or in combination with 3159
completing hours of classroom instruction. The state board shall 3160
adopt the plan not later than March 31, 2009, and commence phasing 3161
in the plan during the 2009-2010 school year. The plan shall 3162
include a standard method for recording demonstrated proficiency 3163
on high school transcripts. Each school district and community 3164
school shall comply with the state board's plan adopted under this 3165
division and award units of high school credit in accordance with 3166
the plan. The state board may adopt existing methods for earning 3167
high school credit based on a demonstration of subject area 3168
competency as necessary prior to the 2009-2010 school year.3169

       (K) This division does not apply to students who qualify for 3170
graduation from high school under division (D) or (F) of this 3171
section, or to students pursuing a career-technical instructional 3172
track as determined by the school district board of education or 3173
the chartered nonpublic school's governing authority. 3174
Nevertheless, the general assembly encourages such students to 3175
consider enrolling in a fine arts course as an elective.3176

       Beginning with students who enter ninth grade for the first 3177
time on or after July 1, 2010, each student enrolled in a public 3178
or chartered nonpublic high school shall complete two semesters or 3179
the equivalent of fine arts to graduate from high school. The 3180
coursework may be completed in any of grades seven to twelve. Each 3181
student who completes a fine arts course in grade seven or eight 3182
may elect to count that course toward the five units of electives 3183
required for graduation under division (C)(8) of this section, if 3184
the course satisfied the requirements of division (G) of this 3185
section. In that case, the high school shall award the student 3186
high school credit for the course and count the course toward the 3187
five units required under division (C)(8) of this section. If the 3188
course in grade seven or eight did not satisfy the requirements of 3189
division (G) of this section, the high school shall not award the 3190
student high school credit for the course but shall count the 3191
course toward the two semesters or the equivalent of fine arts 3192
required by this division.3193

       (L) Notwithstanding anything to the contrary in this section, 3194
the board of education of each school district and the governing 3195
authority of each chartered nonpublic school may adopt a policy to 3196
excuse from the high school physical education requirement each 3197
student who, during high school, has participated in 3198
interscholastic athletics, marching band, or cheerleading for at 3199
least two full seasons or in the junior reserve officer training 3200
corps for at least two full school years. If the board or 3201
authority adopts such a policy, the board or authority shall not 3202
require the student to complete any physical education course as a 3203
condition to graduate. However, the student shall be required to 3204
complete one-half unit, consisting of at least sixty hours of 3205
instruction, in another course of study. In the case of a student 3206
who has participated in the junior reserve officer training corps 3207
for at least two full school years, credit received for that 3208
participation may be used to satisfy the requirement to complete 3209
one-half unit in another course of study.3210

       (M) It is important that high school students learn and 3211
understand United States history and the governments of both the 3212
United States and the state of Ohio. Therefore, beginning with 3213
students who enter ninth grade for the first time on or after July 3214
1, 2012, the study of American history and American government 3215
required by divisions (B)(6) and (C)(6) of this section shall 3216
include the study of all of the following documents:3217

        (1) The Declaration of Independence;3218

        (2) The Northwest Ordinance;3219

        (3) The Constitution of the United States with emphasis on 3220
the Bill of Rights;3221

        (4) The Ohio Constitution.3222

        The study of each of the documents prescribed in divisions 3223
(M)(1) to (4) of this section shall include study of that document 3224
in its original context.3225

        The study of American history and government required by 3226
divisions (B)(6) and (C)(6) of this section shall include the 3227
historical evidence of the role of documents such as the 3228
Federalist Papers and the Anti-Federalist Papers to firmly 3229
establish the historical background leading to the establishment 3230
of the provisions of the Constitution and Bill of Rights.3231

       Sec. 3313.6013. (A) As used in this section, "dual enrollment3232
advanced standing program" means a program that enables a student 3233
to earn credit toward a degree from an institution of higher 3234
education while enrolled in high school or that enables a student 3235
to complete coursework while enrolled in high school that may earn 3236
credit toward a degree from an institution of higher education 3237
upon the student's attainment of a specified score on an 3238
examination covering the coursework. Dual enrollmentAdvanced 3239
standing programs may include any of the following:3240

        (1) The post-secondary enrollment optionscollege credit plus3241
program established under Chapter 3365. of the Revised Code;3242

       (2) Advanced placement courses;3243

       (3) Any similar program established pursuant to an agreement 3244
between a school district or chartered nonpublic high school and 3245
an institution of higher educationInternational baccalaureate 3246
diploma courses;3247

       (4) Early college high schoolsschool programs.3248

        (B) Each city, local, exempted village, and joint vocational 3249
school district and each chartered nonpublic high school shall 3250
provide students enrolled in grades nine through twelve with the 3251
opportunity to participate in a dual enrollmentan advanced 3252
standing program. For this purpose, each school district and 3253
chartered nonpublic high school shall offer at least one dual 3254
enrollmentadvanced standing program in accordance with division 3255
(B)(1) or (2) of this section, as applicable.3256

        (1) A city, local, or exempted village school district meets 3257
the requirements of this division through its mandatory 3258
participation in the post-secondary enrollment optionscollege 3259
credit plus program established under Chapter 3365. of the Revised 3260
Code. However, a city, local, or exempted village school district 3261
may offer any other dual enrollmentadvanced standing program, in 3262
addition to the post-secondary enrollment optionscollege credit 3263
plus program, and each joint vocational school district shall 3264
offer at least one other dual enrollmentadvanced standing3265
program, to students in good standing, as defined by the 3266
partnership for continued learning under section 3301.42 of the 3267
Revised Code as it existed prior to October 16, 2009, or as 3268
subsequently defined by the department of education.3269

        (2) A chartered nonpublic high school that elects to 3270
participate in the post-secondary enrollment optionscollege 3271
credit plus program established under Chapter 3365. of the Revised 3272
Code meets the requirements of this division. Each chartered 3273
nonpublic high school that elects not to participate in the 3274
post-secondary enrollment optionscollege credit plus program 3275
instead shall offer at least one other dual enrollmentadvanced 3276
standing program to students in good standing, as defined by the 3277
partnership for continued learning under section 3301.42 of the 3278
Revised Code as it existed prior to October 16, 2009, or as 3279
subsequently defined by the department of education.3280

       (C) Each school district and each chartered nonpublic high 3281
school shall provide information about the dual enrollment3282
advanced standing programs offered by the district or school to 3283
all students enrolled in grades eight through eleven. The district 3284
or school shall include information about all of the following:3285

        (1) The process colleges and universities use in awarding 3286
credit for advanced placement and international baccalaureate 3287
courses and examinations, including minimum scores required by 3288
state institutions of higher education, as defined in section 3289
3345.011 of the Revised Code, for a student to receive college 3290
credit;3291

        (2) The availability of tuition and fee waivers for advanced 3292
placement and international baccalaureate courses and 3293
examinations;3294

        (3) The availability of online advanced placement or 3295
international baccalaureate courses, including those that may be 3296
available at no cost;3297

        (4) The benefits of earning postsecondary credit through 3298
advanced placement or international baccalaureate courses;3299

        (5) The availability of advanced placement or international 3300
baccalaureate courses offered throughout the district. 3301

       The district or school may include additional information as 3302
determined appropriate by the district or school.3303

       (D) NoExcept as provided for in Chapter 3365. of the Revised 3304
Code, no city, local, exempted village, and joint vocational 3305
school district shall charge an enrolled student an additional fee 3306
or tuition for participation in any dual enrollmentadvanced 3307
standing program offered by the district. Students may be required 3308
to pay the costs associated with taking an advanced placement or 3309
international baccalaureate examination.3310

       (E) Any agreement between a school district or school and an 3311
associated college governing the operation of an early college 3312
high school program shall be subject to the requirements of the 3313
college credit plus program, with the following exceptions:3314

       (1) Any aspect of the agreement that does not relate to the 3315
conferral of transcripted credit, as defined in section 3365.01 of 3316
the Revised Code, shall not be subject to the requirements of the 3317
college credit plus program.3318

       (2) If the early college high school program began operating 3319
prior to July 1, 2014, the agreement shall not be subject to the 3320
requirements of the college credit plus program until the later of 3321
the date on which the existing agreement expires or July 1, 2015.3322

       (3) If the district, school, or associated college operating 3323
the early college high school program was granted an award under 3324
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly 3325
for the 2014-2015 school year, as the lead applicant on the grant 3326
or as part of a consortium, for a project involving the 3327
establishment or expansion of an early college high school, the 3328
agreement shall not be subject to the requirements of the college 3329
credit plus program during the period of time for which the 3330
project is funded by the grant award under that section. 3331

       The college credit plus program shall not govern any advanced 3332
placement course or international baccalaureate diploma course as 3333
described under this section.3334

       (F) As used in this section:3335

        (1) "Associated college" means a public or private college, 3336
as defined in section 3365.01 of the Revised Code, which has 3337
entered into an agreement with a school district or school to 3338
establish an early college high school program, as described in 3339
division (F)(2) of this section, and awards transcripted credit, 3340
as defined in section 3365.01 of the Revised Code, to students 3341
through that program.3342

        (2) "Early college high school program" means a program 3343
operated by a school district or school and an associated college 3344
that provides a personalized learning plan, which is based on 3345
accelerated curriculum and includes both high school and 3346
college-level coursework, and enables the following students to 3347
earn a high school diploma and an associate degree, or the 3348
equivalent number of transcripted credits, upon successful 3349
completion of the program:3350

       (a) Students who are underrepresented in regard to completing 3351
post-secondary education;3352

       (b) Students who are economically disadvantaged, as defined 3353
by the department of education;3354

       (c) Students whose parents did not earn a college degree.3355

       Sec. 3313.6016.  (A) Beginning in the 2011-2012 school year, 3356
the department of education shall administer a pilot program 3357
requiring daily physical activity for students. Any school 3358
district; community school established under Chapter 3314. of the 3359
Revised Code; science, technology, engineering, and mathematics 3360
school established under Chapter 3326. of the Revised Code; or 3361
chartered nonpublic school annually may elect to participate in 3362
the pilot program by notifying the department of its interest by a 3363
date established by the department. If a school district elects to 3364
participate in the pilot program, the district shall select one or 3365
more school buildings to participate in the program. To the 3366
maximum extent possible, the department shall seek to include in 3367
the pilot program districts and schools that are located in urban, 3368
suburban, and rural areas distributed geographically throughout 3369
the state. The department shall administer the pilot program in 3370
accordance with this section.3371

       (B) Except as provided in division (C) of this section, each 3372
district or school participating in the pilot program shall 3373
require all students in the school building selected under 3374
division (A) of this section to engage in at least thirty minutes 3375
of moderate to rigorous physical activity each school day or at 3376
least one hundred fifty minutes of moderate to rigorous physical 3377
activity each week, exclusive of recess. Physical activity engaged 3378
in during the following may count toward the daily requirement:3379

       (1) A physical education course;3380

       (2) A program or activity occurring before or after the 3381
regular school day, as defined in section 3313.814 of the Revised 3382
Code, that is sponsored or approved by the school of attendance, 3383
provided school officials are able to monitor students' 3384
participation to ensure compliance with the requirement.3385

       (C) None of the following shall be subject to the requirement 3386
of division (B) of this section:3387

       (1) Any student enrolled in the post-secondary enrollment 3388
optionscollege credit plus program established under Chapter 3389
3365. of the Revised Code;3390

       (2) Any student enrolled in a career-technical education 3391
program operated by the district or school;3392

       (3) Any student enrolled in a dropout prevention and recovery 3393
program operated by the district or school.3394

       (D) For any period in which a student is participating in 3395
interscholastic athletics, marching band, cheerleading, or a 3396
junior reserve officer training corps program, the district or 3397
school may excuse the student from the requirement of division (B) 3398
of this section.3399

       (E) The district or school may excuse any kindergarten 3400
student who is not enrolled in all-day kindergarten, as defined in 3401
section 3321.05 of the Revised Code, from the requirement of 3402
division (B) of this section.3403

       (F) Each district or school annually shall report to the 3404
department, in the manner prescribed by the department, how the 3405
district or school implemented the thirty minutes of daily 3406
physical activity and the financial costs of implementation. The 3407
department shall issue an annual report of the data collected 3408
under this division.3409

       Sec. 3313.6020.  (A)(1) Beginning in the 2016-2017 school 3410
year, the board of education of each city, local, exempted 3411
village, and joint vocational school district shall adopt a policy 3412
on career advising that complies with this section. Thereafter, 3413
the policy shall be updated at least once every two years.3414

       (2) The board shall make the policy publicly available to 3415
students, parents, guardians, or custodians, local post-secondary 3416
institutions, and residents of the district. The district shall 3417
post the policy in a prominent location on its web site, if it has 3418
one.3419

       (B) The policy on career advising shall specify how the 3420
district will do all of the following:3421

       (1) Provide students with grade-level examples that link 3422
their schoolwork to one or more career fields. A district may use 3423
career connections developed under division (B)(2) of section 3424
3301.079 of the Revised Code for this purpose.3425

       (2) Create a plan to provide career advising to students in 3426
grades six through twelve;3427

       (3) Beginning in the 2016-2017 school year, provide 3428
additional interventions and career advising for students who are 3429
identified as at risk of dropping out of school in accordance with 3430
division (C) of this section;3431

       (4) Train its employees on how to advise students on career 3432
pathways, including training on advising students using online 3433
tools;3434

       (5) Develop multiple, clear academic pathways through high 3435
school that students may choose in order to earn a high school 3436
diploma;3437

       (6) Identify and publicize courses that can award students 3438
both traditional academic and career-technical credit;3439

       (7) Document the career advising provided to each student for 3440
review by the student, the student's parent, guardian, or 3441
custodian, and future schools that the student may attend. A 3442
district shall not otherwise release this information without the 3443
written consent of the student's parent, guardian, or custodian, 3444
if the student is less than eighteen years old, or the written 3445
consent of the student, if the student is at least eighteen years 3446
old.3447

       (8) Prepare students for their transition from high school to 3448
their post-secondary destinations, including any special 3449
interventions that are necessary for students in need of 3450
remediation in mathematics or English language arts.3451

       (C)(1) Beginning in the 2016-2017 school year, each district 3452
shall identify students who are at risk of dropping out of school 3453
using a method that is both research-based and locally-based. If a 3454
student is identified as at risk of dropping out of school, the 3455
district shall develop a student success plan that addresses the 3456
student's academic pathway to a successful graduation and the role 3457
of career-technical education, competency-based education, and 3458
experiential learning, as appropriate, in that pathway.3459

       (2) Prior to developing a student success plan for a student, 3460
the district shall invite the student's parent, guardian, or 3461
custodian to assist in developing the plan. If the student's 3462
parent, guardian, or custodian does not participate in the 3463
development of the plan, the district shall provide to the parent, 3464
guardian, or custodian a copy of the student's success plan and a 3465
statement of the importance of a high school diploma and the 3466
academic pathways available to the student in order to 3467
successfully graduate.3468

       (3) Following the development of a student success plan for a 3469
student, the district shall provide career advising to the student 3470
that is aligned with the plan and, beginning in the 2016-2017 3471
school year, the district's plan to provide career advising 3472
created under division (B)(2) of this section.3473

       (D) Not later than December 1, 2014, the department of 3474
education shall develop and post on its web site model policies on 3475
career advising and model student success plans.3476

       Sec. 3313.612.  (A) No nonpublic school chartered by the 3477
state board of education shall grant a high school diploma to any 3478
person unless, subject to section 3313.614 of the Revised Code, 3479
the person has met the assessment requirements of division (A)(1) 3480
or (2) of this section, as applicable.3481

       (1) If the person entered the ninth grade prior to the date 3482
prescribed by rule of the state board under division (D)(2) of 3483
section 3301.0712 of the Revised Code, the person has attained at 3484
least the applicable scores designated under division (B)(1) of 3485
section 3301.0710 of the Revised Code on all the assessments 3486
required by that division, or has satisfied the alternative 3487
conditions prescribed in section 3313.615 of the Revised Code.3488

       (2) If the person entered the ninth grade on or after the 3489
date prescribed by rule of the state board under division 3490
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has 3491
met the requirements of the entire assessment system prescribed 3492
under division (B)(2) of section 3301.0710 of the Revised Code.3493

       (B) This section does not apply to any of the following:3494

       (1) Any person with regard to any assessment from which the 3495
person was excused pursuant to division (C)(1)(c) of section 3496
3301.0711 of the Revised Code;3497

       (2) Any person that attends a nonpublic school accredited 3498
through the independent school association of the central states3499
acting in accordance with division (D) of this section with regard 3500
to any end-of-course examination required under divisions (B)(2) 3501
and (3) of section 3301.0712 of the Revised Code;3502

        (3) Any person with regard to the social studies assessment 3503
under division (B)(1) of section 3301.0710 of the Revised Code, 3504
any American history end-of-course examination and any American 3505
government end-of-course examination required under division 3506
(B)(2) of that section if such an exemption is prescribed by rule 3507
of the state board of education under division (D)(4) of section 3508
3301.0712 of the Revised Code, or the citizenship test under 3509
former division (B) of section 3301.0710 of the Revised Code as it 3510
existed prior to September 11, 2001, if all of the following 3511
apply:3512

       (a) The person is not a citizen of the United States;3513

       (b) The person is not a permanent resident of the United 3514
States;3515

       (c) The person indicates no intention to reside in the United 3516
States after completion of high school.3517

       (C) As used in this division, "limited English proficient 3518
student" has the same meaning as in division (C)(3) of section 3519
3301.0711 of the Revised Code.3520

        Notwithstanding division (C)(3) of section 3301.0711 of the 3521
Revised Code, no limited English proficient student who has not 3522
either attained the applicable scores designated under division 3523
(B)(1) of section 3301.0710 of the Revised Code on all the 3524
assessments required by that division, or met the requirements of 3525
the assessments under division (B)(2) of that section, shall be 3526
awarded a diploma under this section.3527

       (D) A nonpublic school chartered by the state board may forgo 3528
the end-of-course examinations required by divisions (B)(2) and 3529
(3) of section 3301.0712 of the Revised Code, if that school 3530
publishes the results of the standardized assessment prescribed 3531
under division (B)(1) of section 3301.0712 of the Revised Code for 3532
each graduating class. The published results shall include the 3533
overall composite scores, mean scores, 25th percentile scores, and 3534
75th percentile scores for each subject area of the assessment. 3535

       (E) The state board shall not impose additional requirements 3536
or assessments for the granting of a high school diploma under 3537
this section that are not prescribed by this section. 3538

       (F) The department of education shall furnish the assessment 3539
administered by a nonpublic school pursuant to division (B)(1) of 3540
section 3301.0712 of the Revised Code.3541

       Sec. 3313.843.  (A) Notwithstanding division (D) of section 3542
3311.52 of the Revised Code, this section does not apply to any 3543
cooperative education school district.3544

       (B)(1) The board of education of each city, exempted village, 3545
or local school district with an average daily student enrollment 3546
of sixteen thousand or less, reported for the district on the most 3547
recent report card issued under section 3302.03 of the Revised 3548
Code, shall enter into an agreement with the governing board of an 3549
educational service center, under which the educational service 3550
center governing board will provide services to the district.3551

       (2) The board of education of a city, exempted village, or 3552
local school district with an average daily student enrollment of 3553
more than sixteen thousand may enter into an agreement with the 3554
governing board of an educational service center, under which the 3555
educational service center governing board will provide services 3556
to the district.3557

       (3) Services provided under an agreement entered into under 3558
division (B)(1) or (2) of this section shall be specified in the 3559
agreement, and may include any of the following: supervisory 3560
teachers; in-service and continuing education programs for 3561
district personnel; curriculum services; research and development 3562
programs; academic instruction for which the governing board 3563
employs teachers pursuant to section 3319.02 of the Revised Code; 3564
assistance in the provision of special accommodations and classes 3565
for students with disabilities; or any other services the district 3566
board and service center governing board agree can be better 3567
provided by the service center and are not provided under an 3568
agreement entered into under section 3313.845 of the Revised Code. 3569
Services included in the agreement shall be provided to the 3570
district in the manner specified in the agreement. The district 3571
board of education shall reimburse the educational service center 3572
governing board pursuant to division (H) of this section.3573

       (C) Any agreement entered into pursuant to this section shall 3574
be filed with the department of education by the first day of July 3575
of the school year for which the agreement is in effect.3576

       (D)(1) An agreement for services from an educational service 3577
center entered into under this section may be terminated by the 3578
school district board of education, at its option, by notifying 3579
the governing board of the service center by March 1, 2012, or by 3580
the first day of January of any odd-numbered year thereafter, that 3581
the district board intends to terminate the agreement in that 3582
year, and that termination shall be effective on the thirtieth day 3583
of June of that year. The failure of a district board to notify an 3584
educational service center of its intent to terminate an agreement 3585
by March 1, 2012, shall result in renewal of the existing 3586
agreement for the following school year. Thereafter, the failure 3587
of a district board to notify an educational service center of its 3588
intent to terminate an agreement by the first day of January of an 3589
odd-numbered year shall result in renewal of the existing 3590
agreement for the following two school years.3591

       (2) If the school district that terminates an agreement for 3592
services under division (D)(1) of this section is also subject to 3593
the requirement of division (B)(1) of this section, the district 3594
board shall enter into a new agreement with any educational 3595
service center so that the new agreement is effective on the first 3596
day of July of that same year.3597

       (3) If all moneys owed by a school district to an educational 3598
service center under an agreement for services terminated under 3599
division (D)(1) of this section have been paid in full by the 3600
effective date of the termination, the governing board of the 3601
service center shall submit an affidavit to the department 3602
certifying that fact not later than fifteen days after the 3603
termination's effective date. Notwithstanding anything in the 3604
Revised Code to the contrary, until the department receives such 3605
an affidavit, it shall not make any payments to any other 3606
educational service center with which the district enters into an 3607
agreement under this section for services that the educational 3608
service center provides to the district.3609

        (E) An educational service center may apply to any state or 3610
federal agency for competitive grants. It may also apply to any 3611
private entity for additional funds. 3612

       (F) Not later than January 1, 2014, each educational service 3613
center shall post on its web site a list of all of the services 3614
that it provides and the corresponding cost for each of those 3615
services.3616

       (G)(1) For purposes of calculating any state operating3617
subsidy to be paid to an educational service center for the 3618
operation of that service center and any services required under 3619
Title XXXIII of the Revised Code to be provided by the service 3620
center to a school district, the service center's student count 3621
shall be the sum of the total student counts of all the school 3622
districts with which the educational service center has entered 3623
into an agreement under this section.3624

        (2) When a district enters into a new agreement with a new 3625
educational service center, the department of education shall 3626
ensure that the state operating subsidy for services provided to 3627
the district is paid to the new educational service center and 3628
that the educational service center with which the district 3629
previously had an agreement is no longer paid a state operating3630
subsidy for providing services to that district. 3631

       (H) Pursuant to division (B) of section 3317.023 of the 3632
Revised Code, the department annually shall deduct from each 3633
school district that enters into an agreement with an educational 3634
service center under this section, and pay to the service center, 3635
an amount equal to six dollars and fifty cents times the school 3636
district's total student count. The district board of education, 3637
or the district superintendent acting on behalf of the district 3638
board, may agree to pay an amount in excess of six dollars and 3639
fifty cents per student in total student count. If a majority of 3640
the boards of education, or superintendents acting on behalf of 3641
the boards, of the districts that entered into an agreement under 3642
this section approve an amount in excess of six dollars and fifty 3643
cents per student in total student count, each district shall pay 3644
the excess amount to the service center.3645

        (I) For purposes of this section, a school district's "total 3646
student count" means the average daily student enrollment reported 3647
on the most recent report card issued for the district pursuant to 3648
section 3302.03 of the Revised Code.3649

       Sec. 3313.90.  As used in this section, "formula ADM" has the 3650
same meaning as in section 3317.02 of the Revised Code. 3651
Notwithstanding division (D) of section 3311.19 and division (D) 3652
of section 3311.52 of the Revised Code, the provisions of this 3653
section that apply to a city school district do not apply to any 3654
joint vocational or cooperative education school district.3655

       (A) EachExcept as provided in division (B) of this section, 3656
each city, local, and exempted village school district shall, by 3657
one of the following means, provide vocationalto students 3658
enrolled in grades seven through twelve career-technical education 3659
adequate to prepare a pupilstudent enrolled therein for an 3660
occupation:3661

       (1) Establishing and maintaining a vocational3662
career-technical education program that meets standards adopted by 3663
the state board of education;3664

       (2) Being a member of a joint vocational school district 3665
that meets standards adopted by the state board;3666

       (3) Contracting for vocationalcareer-technical education 3667
with a joint vocational school district or another school district 3668
that meets the standards adopted by the state board.3669

       The standards of the state board of education shall include 3670
criteria for the participation by nonpublic students in vocational3671
career-technical education programs without financial assessment, 3672
charge, or tuition to such student except such assessments, 3673
charges, or tuition paid by resident public school students in 3674
such programs. Such nonpublic school students shall be included in 3675
the formula ADM of the school district maintaining the vocational3676
career-technical education program as part-time students in 3677
proportion to the time spent in the vocationalcareer-technical3678
education program.3679

       By the thirtieth day of October of each year, the 3680
superintendent of public instruction shall determine and certify 3681
to the superintendent of each school district subject to this 3682
section either that the district is in compliance with the 3683
requirements of this section for the current school year or that 3684
the district is not in compliance. If the superintendent certifies 3685
that the district is not in compliance, he shall notify the board 3686
of education of the district of the actions necessary to bring the 3687
district into compliance with this section.3688

       In meeting standards established by the state board of 3689
education, school districts, where practicable, shall provide3690
vocationalcareer-technical education programs in high schools. A 3691
minimum enrollment of fifteen hundred pupilsstudents in grades 3692
nine through twelve is established as a base for comprehensive 3693
vocationalcareer-technical education course offerings. Beginning 3694
with the 2015-2016 school year, this base shall increase to a 3695
minimum enrollment of two thousand two hundred fifty students in 3696
grades seven through twelve. A school district may meet this 3697
requirement alone, through a cooperative arrangement pursuant to 3698
section 3313.92 of the Revised Code, through school district 3699
consolidation, by membership in a joint vocational school 3700
district, by contract with a school district, by contract with a 3701
school licensed by any state agency established by the Revised 3702
Code which school operates its courses offered for contracting 3703
with public schools under standards as to staffing and facilities 3704
comparable to those prescribed by the state board of education for 3705
public schools provided no instructor in such courses shall be 3706
required to be certificated by the state department of education, 3707
or in a combination of such ways. Exceptions to the minimum 3708
requirement of fifteen hundred pupilsenrollment prescribed by 3709
this section may be made by the state board of education based on 3710
sparsity of population or other factors indicating that 3711
comprehensive educational and vocationalcareer-technical 3712
education programs as required by this section can be provided 3713
through an alternate plan.3714

       (B) Approval of state funds for the construction and 3715
operation of vocational facilities in any city, local, or exempted 3716
village school district shall be contingent upon a comprehensive 3717
vocational program plan approved by the state board of education 3718
no later than July 1, 1970. The state board of education shall not 3719
approve a school district plan unless the plan proposed reasonably 3720
meets the vocational needs of other school districts in the 3721
general area of the school districts in the general area of the 3722
school district submitting the plan. The plan shall be submitted 3723
to the state board of education no later than April 1, 1970. Such 3724
plan shall contain:3725

       (1) The organization for vocational education pursuant to the 3726
requirements of this section;3727

       (2) Vocational programs to be offered in the respective 3728
comprehensive high schools, in specialized schools or skill 3729
centers, and in joint vocational schools;3730

       (3) Remodeled, additional, and new vocational facilities 3731
required at the respective locations.3732

       In approving the organization for vocational education the 3733
state board of education shall provide that no city, local, or 3734
exempted village school district is excluded in the statewide plan3735
If the board of education of a city, local, or exempted village 3736
school district adopts a resolution that specifies the district's 3737
intent not to provide career-technical education to students 3738
enrolled in grades seven and eight for a particular school year 3739
and submits that resolution to the department by the thirtieth day 3740
of September of that school year, the department shall waive the 3741
requirement for that district to provide career-technical 3742
education to students enrolled in grades seven and eight for that 3743
particular school year.3744

       Sec. 3313.94.  (A) As used in this section:3745

       (1) "Board of education" means the board of education or 3746
governing authority of a school.3747

       (2) "In good standing" means currently employed, not on 3748
probation, and not the subject of a pending criminal disciplinary 3749
action or of a criminal or disciplinary action within the past 3750
five years that resulted in an adverse judgment or determination.3751

       (3) "Law enforcement officer" and "school" have the same 3752
meanings as in section 5747.64 of the Revised Code.3753

       (4) "Retired law enforcement officer" means a person who 3754
served as a law enforcement officer and retired from service with 3755
a law enforcement agency in good standing.3756

       (B) The sheriff of each county shall maintain a list of 3757
persons available to patrol school premises on a volunteer basis. 3758
To qualify for inclusion on the list, a person shall be a current 3759
law enforcement officer in good standing or a retired law 3760
enforcement officer with a current firearms certification issued 3761
under section 109.77 of the Revised Code and a current concealed 3762
carry license issued under section 2923.125 of the Revised Code. 3763
Before including a person on the list, the sheriff shall verify 3764
that the person is qualified. In the case of a retired law 3765
enforcement officer, verification shall include a criminal records 3766
check of the type required for a school district employee under 3767
section 3319.391 of the Revised Code. The sheriff shall exclude 3768
from the list any person who would be disqualified from employment 3769
under section 3319.391 of the Revised Code. The prospective 3770
volunteer shall pay the cost of the criminal records check. The 3771
sheriff shall require each volunteer on the list who is not a 3772
current law enforcement officer in good standing, as a condition 3773
of remaining on the list, to undergo a criminal records check 3774
every five years. Upon request of a board of education of a school 3775
whose premises are located wholly or partially within the county, 3776
the sheriff shall provide a paper or electronic copy of the list 3777
to the board.3778

       (C) A board of education that wishes to use the services of a 3779
volunteer on the list prepared under division (B) of this section 3780
may request a copy of the list from the sheriff. The board may 3781
enter into an agreement with a volunteer to patrol school premises 3782
for the sole purpose of preventing or responding to a mass 3783
casualty event connected with illegal activity. If the volunteer 3784
is currently employed as a law enforcement officer, the volunteer 3785
shall obtain the permission of the volunteer's employer before 3786
entering into an agreement under this division. An agreement may 3787
include provisions relating to additional training, uniforms, or 3788
other matters that the board considers appropriate. A volunteer 3789
shall spend not more than nine hours of any week engaged in 3790
volunteer activities pursuant to this section. The board may 3791
reimburse the volunteer for the cost of a criminal records check.3792

       (D) A school district, member of a school district board of 3793
education, governing authority of a school, member of a governing 3794
authority of a school, and volunteer under this section are not 3795
liable in damages in a civil action for injury, death, or loss to 3796
person or property allegedly arising from the volunteer's 3797
performance of services under this section unless the injury, 3798
death, or loss resulted from the volunteer's reckless or wanton 3799
conduct.3800

       Sec. 3313.975.  As used in this section and in sections 3801
3313.976 to 3313.979 of the Revised Code, "the pilot project 3802
school district" or "the district" means any school district 3803
included in the pilot project scholarship program pursuant to this 3804
section.3805

       (A) The superintendent of public instruction shall establish 3806
a pilot project scholarship program and shall include in such 3807
program any school districts that are or have ever been under 3808
federal court order requiring supervision and operational 3809
management of the district by the state superintendent. The 3810
program shall provide for a number of students residing in any 3811
such district to receive scholarships to attend alternative 3812
schools, and for an equal number of students to receive tutorial 3813
assistance grants while attending public school in any such 3814
district.3815

       (B) The state superintendent shall establish an application 3816
process and deadline for accepting applications from students 3817
residing in the district to participate in the scholarship 3818
program. In the initial year of the program students may only use 3819
a scholarship to attend school in grades kindergarten through 3820
third.3821

       The state superintendent shall award as many scholarships and 3822
tutorial assistance grants as can be funded given the amount 3823
appropriated for the program. In no case, however, shall more than 3824
fifty per cent of all scholarships awarded be used by students who 3825
were enrolled in a nonpublic school during the school year of 3826
application for a scholarship.3827

       (C)(1) The pilot project program shall continue in effect 3828
each year that the general assembly has appropriated sufficient 3829
money to fund scholarships and tutorial assistance grants. In each 3830
year the program continues, new students may receive scholarships 3831
in grades kindergarten to twelve. A student who has received a 3832
scholarship may continue to receive one until the student has 3833
completed grade twelve. 3834

       (2) If the general assembly discontinues the scholarship 3835
program, all students who are attending an alternative school 3836
under the pilot project shall be entitled to continued admittance 3837
to that specific school through all grades that are provided in 3838
such school, under the same conditions as when they were 3839
participating in the pilot project. The state superintendent shall 3840
continue to make scholarship payments in accordance with division 3841
(A) or (B) of section 3313.979 of the Revised Code for students 3842
who remain enrolled in an alternative school under this provision 3843
in any year that funds have been appropriated for this purpose.3844

       If funds are not appropriated, the tuition charged to the 3845
parents of a student who remains enrolled in an alternative school 3846
under this provision shall not be increased beyond the amount 3847
equal to the amount of the scholarship plus any additional amount 3848
charged that student's parent in the most recent year of 3849
attendance as a participant in the pilot project, except that 3850
tuition for all the students enrolled in such school may be 3851
increased by the same percentage.3852

       (D) Notwithstanding sections 124.39 and 3311.83 of the 3853
Revised Code, if the pilot project school district experiences a 3854
decrease in enrollment due to participation in a state-sponsored 3855
scholarship program pursuant to sections 3313.974 to 3313.979 of 3856
the Revised Code, the district board of education may enter into 3857
an agreement with any teacher it employs to provide to that 3858
teacher severance pay or early retirement incentives, or both, if 3859
the teacher agrees to terminate the employment contract with the 3860
district board, provided any collective bargaining agreement in 3861
force pursuant to Chapter 4117. of the Revised Code does not 3862
prohibit such an agreement for termination of a teacher's 3863
employment contract.3864

       (E) A student entitled to attend school in a school district 3865
in which the pilot project scholarship program is operating may be 3866
eligible for the educational choice scholarship pilot program 3867
established under sections 3310.01 to 3310.17 of the Revised Code 3868
in the manner prescribed by section 3310.05 of the Revised Code; 3869
however, a student shall not be awarded a scholarship under both 3870
programs for the same school year.3871

       Sec. 3314.015.  (A) The department of education shall be 3872
responsible for the oversight of any and all sponsors of the 3873
community schools established under this chapter and shall provide 3874
technical assistance to schools and sponsors in their compliance 3875
with applicable laws and the terms of the contracts entered into 3876
under section 3314.03 of the Revised Code and in the development 3877
and start-up activities of those schools. In carrying out its 3878
duties under this section, the department shall do all of the 3879
following:3880

        (1) In providing technical assistance to proposing parties, 3881
governing authorities, and sponsors, conduct training sessions and 3882
distribute informational materials;3883

       (2) Approve entities to be sponsors of community schools; 3884

       (3) Monitor and evaluate, as required under section 3314.016 3885
of the Revised Code, the effectiveness of any and all sponsors in 3886
their oversight of the schools with which they have contracted;3887

        (4) By December thirty-first of each year, issue a report to 3888
the governor, the speaker of the house of representatives, the 3889
president of the senate, and the chairpersons of the house and 3890
senate committees principally responsible for education matters 3891
regarding the effectiveness of academic programs, operations, and 3892
legal compliance and of the financial condition of all community 3893
schools established under this chapter and on the performance of 3894
community school sponsors;3895

        (5) From time to time, make legislative recommendations to 3896
the general assembly designed to enhance the operation and 3897
performance of community schools.3898

        (B)(1) Except as provided in sections 3314.021 and 3314.027 3899
of the Revised Code, no entity listed in division (C)(1) of 3900
section 3314.02 of the Revised Code shall enter into a preliminary 3901
agreement under division (C)(2) of section 3314.02 of the Revised 3902
Code until it has received approval from the department of 3903
education to sponsor community schools under this chapter and has 3904
entered into a written agreement with the department regarding the 3905
manner in which the entity will conduct such sponsorship. 3906

       The initial term of a sponsor's agreement with the department 3907
shall be for up to seven years. For every year that the sponsor 3908
satisfies the conditions of division (B)(1)(a) or (b) of this 3909
section, as applicable, the department shall add one year to the 3910
agreement term, subject to divisions (C) and (F) of this section, 3911
unless the sponsor notifies the department that it does not wish 3912
to have the term of the agreement so extended.3913

       To qualify for the extension of the term of the sponsor's 3914
agreement, the sponsor shall satisfy one of the following, as 3915
applicable:3916

       (a) Prior to January 1, 2015, the sponsor is not in the 3917
lowest twenty per cent of sponsors statewide according to the 3918
composite performance index score as ranked under section 3314.016 3919
of the Revised Code, as that section exists prior to that date, 3920
and the sponsor continues to meet all the requirements of this 3921
chapter pertaining to community school sponsors.3922

       (b) On or after January 1, 2015, the sponsor is rated as 3923
"exemplary" or "effective" under section 3314.016 of the Revised 3924
Code, as that section exists on and after that date, and the 3925
sponsor continues to meet all the requirements of this chapter 3926
pertaining to community school sponsors.3927

        The department shall adopt in accordance with Chapter 119. of 3928
the Revised Code rules containing criteria, procedures, and 3929
deadlines for processing applications for approval of sponsors, 3930
for oversight of sponsors, for notifying a sponsor of 3931
noncompliance with applicable laws and administrative rules under 3932
division (F) of this section, for revocation of the approval of 3933
sponsors under division (C) of this section, and for entering into 3934
written agreements with sponsors. The rules shall require an 3935
entity to submit evidence of the entity's ability and willingness 3936
to comply with the provisions of division (D) of section 3314.03 3937
of the Revised Code. The rules also shall require entities 3938
approved as sponsors on and after June 30, 2005, to demonstrate a 3939
record of financial responsibility and successful implementation 3940
of educational programs. If an entity seeking approval on or after 3941
June 30, 2005, to sponsor community schools in this state sponsors 3942
or operates schools in another state, at least one of the schools 3943
sponsored or operated by the entity must be comparable to or 3944
better than the performance of Ohio schools in need of continuous 3945
improvement under section 3302.03 of the Revised Code, as 3946
determined by the department.3947

        Subject to section 3314.016 of the Revised Code, an entity 3948
that sponsors community schools may enter into preliminary 3949
agreements and sponsor up to one hundred schools, provided each 3950
school and the contract for sponsorship meets the requirements of 3951
this chapter.3952

       (2) The state board of education shall determine, pursuant to 3953
criteria specified in rules adopted in accordance with Chapter 3954
119. of the Revised Code, whether the mission proposed to be 3955
specified in the contract of a community school to be sponsored by 3956
a state university board of trustees or the board's designee under 3957
division (C)(1)(e) of section 3314.02 of the Revised Code complies 3958
with the requirements of that division. Such determination of the 3959
state board is final.3960

       (3) The state board of education shall determine, pursuant to 3961
criteria specified in rules adopted in accordance with Chapter 3962
119. of the Revised Code, if any tax-exempt entity under section 3963
501(c)(3) of the Internal Revenue Code that is proposed to be a 3964
sponsor of a community school is an education-oriented entity for 3965
purpose of satisfying the condition prescribed in division 3966
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such 3967
determination of the state board is final.3968

       (C) If at any time the state board of education finds that a 3969
sponsor is not in compliance or is no longer willing to comply 3970
with its contract with any community school or with the 3971
department's rules for sponsorship, the state board or designee 3972
shall conduct a hearing in accordance with Chapter 119. of the 3973
Revised Code on that matter. If after the hearing, the state board 3974
or designee has confirmed the original finding, the department of 3975
education may revoke the sponsor's approval to sponsor community 3976
schools. In that case, the department's office of Ohio school 3977
sponsorship, established under section 3314.029 of the Revised 3978
Code, may assume the sponsorship of any schools with which the 3979
sponsor has contracted until the earlier of the expiration of two 3980
school years or until a new sponsor as described in division 3981
(C)(1) of section 3314.02 of the Revised Code is secured by the 3982
school's governing authority. The office of Ohio school 3983
sponsorship may extend the term of the contract in the case of a 3984
school for which it has assumed sponsorship under this division as 3985
necessary to accommodate the term of the department's 3986
authorization to sponsor the school specified in this division. 3987
Community schools sponsored under this division shall not apply to 3988
the limit on directly authorized community schools under division 3989
(A)(3) of section 3314.029 of the Revised Code. However, nothing 3990
in this division shall preclude a community school affected by 3991
this division from applying for sponsorship under that section.3992

       (D) The decision of the department to disapprove an entity 3993
for sponsorship of a community school or to revoke approval for 3994
such sponsorship under division (C) of this section, may be 3995
appealed by the entity in accordance with section 119.12 of the 3996
Revised Code.3997

       (E) The department shall adopt procedures for use by a 3998
community school governing authority and sponsor when the school 3999
permanently closes and ceases operation, which shall include at 4000
least procedures for data reporting to the department, handling of 4001
student records, distribution of assets in accordance with section 4002
3314.074 of the Revised Code, and other matters related to ceasing 4003
operation of the school.4004

       (F)(1) In lieu of revoking a sponsor's authority to sponsor 4005
community schools under division (C) of this section, if the 4006
department finds that a sponsor is not in compliance with 4007
applicable laws and administrative rules, the department shall 4008
declare in a written notice to the sponsor the specific laws or 4009
rules, or both, for which the sponsor is noncompliant. A sponsor 4010
notified under division (F)(1) of this section shall respond to 4011
the department not later than fourteen days after the notification 4012
with a proposed plan to remedy the conditions for which the 4013
sponsor was found to be noncompliant. The department shall approve 4014
or disapprove the plan not later than fourteen days after 4015
receiving it. If the plan is disapproved, the sponsor may submit a 4016
revised plan to the department not later than fourteen days after 4017
receiving notification of disapproval from the department or not 4018
later than sixty days after the date the sponsor received 4019
notification of noncompliance from the department, whichever is 4020
earlier. The department shall approve or disapprove the revised 4021
plan not later than fourteen days after receiving it or not later 4022
than sixty days after the date the sponsor received notification 4023
of noncompliance from the department, whichever is earlier. A 4024
sponsor may continue to make revisions by the deadlines prescribed 4025
in division (F)(1) of this section to any revised plan that is 4026
disapproved by the department until the sixtieth day after the 4027
date the sponsor received notification of noncompliance from the 4028
department.4029

        If a plan or a revised plan is approved, the sponsor shall 4030
implement it not later than sixty days after the date the sponsor 4031
received notification of noncompliance from the department or not 4032
later than thirty days after the plan is approved, whichever is 4033
later. If a sponsor does not respond to the department or 4034
implement an approved compliance plan by the deadlines prescribed 4035
by division (F)(1) of this section, or if a sponsor does not 4036
receive approval of a compliance plan on or before the sixtieth 4037
day after the date the sponsor received notification of 4038
noncompliance from the department, the department shall declare in 4039
written notice to the sponsor that the sponsor is in probationary 4040
status, and may limit the sponsor's ability to sponsor additional 4041
schools.4042

        (2) A sponsor that has been placed on probationary status 4043
under division (F)(1) of this section may apply to the department 4044
for its probationary status to be lifted. The application for a 4045
sponsor's probationary status to be lifted shall include evidence, 4046
occurring after the initial notification of noncompliance, of the 4047
sponsor's compliance with applicable laws and administrative 4048
rules. Not later than fourteen days after receiving an application 4049
from the sponsor, the department shall decide whether or not to 4050
remove the sponsor's probationary status.4051

       (G) In carrying out its duties under this chapter, the 4052
department shall not impose requirements on community schools or 4053
their sponsors that are not permitted by law or duly adopted 4054
rules.4055

       (H) ThisExcept as provided in division (B)(2) of section 4056
3314.02 of the Revised Code, this section applies to entities that 4057
sponsor conversion community schools and new start-up schools.4058

       Sec. 3314.016. This section applies to any entity that 4059
sponsors a community school, regardless of whether section 4060
3314.021 or 3314.027 of the Revised Code exempts the entity from 4061
the requirement to be approved for sponsorship under divisions 4062
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The 4063
office of Ohio school sponsorship established under section 4064
3314.029 of the Revised Code shall be ranked under division (B) of 4065
this section, but divisions (A) and (C) of this section do not 4066
apply to the office.4067

       (A) An entity that sponsors a community school shall be 4068
permitted to enter into contracts under section 3314.03 of the 4069
Revised Code to sponsor additional community schools only if the 4070
entity meets both of the following criteria:4071

       (1) The entity is in compliance with all provisions of this 4072
chapter requiring sponsors of community schools to report data or 4073
information to the department of education.4074

       (2) The entity is not ranked in the lowest twenty per cent of 4075
community school sponsors on the ranking prescribed by division 4076
(B) of this section.4077

       (B)(1) For purposes of this section, the department shall 4078
develop a composite performance index score, as defined in section 4079
3302.01 of the Revised Code, that measures the academic 4080
performance of students enrolled in community schools sponsored by 4081
the same entity. 4082

       (2) In calculating an entity's composite performance index 4083
score, the department shall exclude all of the following:4084

       (a) All community schools that have been in operation for 4085
less than two full school years;4086

       (b) All community schools described in division (A)(3) of 4087
section 3314.35 of the Revised Code, but the department shall 4088
cease to exclude the schools described in division (A)(3)(a) of 4089
that section if those schools become subject to closure under 4090
division (D) of that section. 4091

       (3) The department annually shall rank all entities that 4092
sponsor community schools from highest to lowest according to the 4093
entities' composite performance index scores and shall publish the 4094
rankings between the first day of October and the fifteenth day of 4095
October.4096

       (C) If the governing authority of a community school enters 4097
into a contract with a sponsor prior to the date on which the 4098
sponsor is prohibited from sponsoring additional schools under 4099
division (A) of this section and the school has not opened for 4100
operation as of that date, that contract shall be void and the 4101
school shall not open until the governing authority secures a new 4102
sponsor by entering into a contract with the new sponsor under 4103
section 3314.03 of the Revised Code.4104

       (D)(1) The office of Ohio school sponsorship established 4105
under section 3314.029 of the Revised Code shall be rated using 4106
the evaluation system prescribed by division (B) of this section, 4107
but divisions (A) and (C) of this section do not apply to the 4108
office. 4109

       (2) Not later than July 1, 2016, and not later than the first 4110
day of July every fifth year thereafter, the evaluation panel 4111
created under division (D)(3) of this section shall rate the 4112
office of Ohio school sponsorship using the evaluation system 4113
under division (B) of this section.4114

       (3) The panel that rates the office of Ohio school 4115
sponsorship shall consist of one representative each from the 4116
following organizations:4117

       (a) A statewide nonprofit organization whose membership is 4118
composed solely of entities that sponsor community schools and 4119
whose members sponsor the majority of start-up community schools 4120
in the state;4121

       (b) An educational service center approved to sponsor 4122
community schools statewide;4123

       (c) A school district that sponsors one or more community 4124
schools that is not a municipal school district;4125

       (d) A qualified tax-exempt entity under section 501(c)(3) of 4126
the Internal Revenue Code approved to sponsor community schools;4127

       (e) Any municipal school district transformation alliance 4128
established under section 3311.86 of the Revised Code.4129

       For the initial appointments to the panel, the organizations 4130
described in divisions (D)(3)(a) and (e) jointly shall solicit 4131
applications from their members to be appointed to the panel not 4132
later than November 1, 2014, and appoint members to the panel not 4133
later than December 31, 2014.4134

       Vacancies shall be filled in the manner of the original 4135
appointments.4136

       Sec. 3314.02.  (A) As used in this chapter:4137

       (1) "Sponsor" means the board of education of a school 4138
district or the governing board of an educational service center 4139
that agrees to the conversion of all or part of a school or 4140
building under division (B) of this section, or an entity listed 4141
in division (C)(1) of this section, which either has been approved 4142
by the department of education to sponsor community schools or is 4143
exempted by section 3314.021 or 3314.027 of the Revised Code from 4144
obtaining approval, and with which the governing authority of a 4145
community school enters into a contract under section 3314.03 of 4146
the Revised Code.4147

       (2) "Pilot project area" means the school districts included 4148
in the territory of the former community school pilot project 4149
established by former Section 50.52 of Am. Sub. H.B. No. 215 of 4150
the 122nd general assembly.4151

       (3) "Challenged school district" means any of the following:4152

       (a) A school district that is part of the pilot project area;4153

       (b) A school district that meets one of the following 4154
conditions:4155

       (i) On March 22, 2013, the district was in a state of 4156
academic emergency or in a state of academic watch under section 4157
3302.03 of the Revised Code, as that section existed prior to 4158
March 22, 2013;4159

       (ii) For two of the 2012-2013, 2013-2014, and 2014-2015 4160
school years, the district received a grade of "D" or "F" for the 4161
performance index score and a grade of "F" for the value-added 4162
progress dimension under section 3302.03 of the Revised Code;4163

       (iii) For the 2015-2016 school year and for any school year 4164
thereafter, the district has received an overall grade of "D" or 4165
"F" under division (C)(3) of section 3302.03 of the Revised Code, 4166
or, for at least two of the three most recent school years, the 4167
district received a grade of "F" for the value-added progress 4168
dimension under division (C)(1)(e) of that section.4169

       (c) A big eight school district;4170

       (d) A school district ranked in the lowest five per cent of 4171
school districts according to performance index score under 4172
section 3302.21 of the Revised Code.4173

       (4) "Big eight school district" means a school district that 4174
for fiscal year 1997 had both of the following:4175

       (a) A percentage of children residing in the district and 4176
participating in the predecessor of Ohio works first greater than 4177
thirty per cent, as reported pursuant to section 3317.10 of the 4178
Revised Code;4179

       (b) An average daily membership greater than twelve thousand, 4180
as reported pursuant to former division (A) of section 3317.03 of 4181
the Revised Code.4182

       (5) "New start-up school" means a community school other than 4183
one created by converting all or part of an existing public school 4184
or educational service center building, as designated in the 4185
school's contract pursuant to division (A)(17) of section 3314.03 4186
of the Revised Code.4187

       (6) "Urban school district" means one of the state's 4188
twenty-one urban school districts as defined in division (O) of 4189
section 3317.02 of the Revised Code as that section existed prior 4190
to July 1, 1998.4191

       (7) "Internet- or computer-based community school" means a 4192
community school established under this chapter in which the 4193
enrolled students work primarily from their residences on 4194
assignments in nonclassroom-based learning opportunities provided 4195
via an internet- or other computer-based instructional method that 4196
does not rely on regular classroom instruction or via 4197
comprehensive instructional methods that include internet-based, 4198
other computer-based, and noncomputer-based learning 4199
opportunities.4200

       (8) "Operator" means either of the following:4201

        (a) An individual or organization that manages the daily 4202
operations of a community school pursuant to a contract between 4203
the operator and the school's governing authority;4204

        (b) A nonprofit organization that provides programmatic 4205
oversight and support to a community school under a contract with 4206
the school's governing authority and that retains the right to 4207
terminate its affiliation with the school if the school fails to 4208
meet the organization's quality standards.4209

       (B)(1) Any person or group of individuals may initially 4210
propose under this division the conversion of all or a portion of 4211
a public school or a building operated by an educational service 4212
center to a community school. The proposal shall be made to the 4213
board of education of the city, local, exempted village, or joint 4214
vocational school district in which the public school is proposed 4215
to be converted or, in the case of the conversion of a building 4216
operated by an educational service center, to the governing board 4217
of the service center. Upon.4218

       (2) Any person or group of individuals may initially propose 4219
under this division the conversion of all or a portion of a 4220
building operated by an educational service center to a community 4221
school. The proposal shall be made to the governing board of the 4222
service center. 4223

       A service center that proposes the establishment of a 4224
conversion community school located in a county within the 4225
territory of the service center or in a county contiguous to such 4226
county is exempt from approval from the department of education 4227
and from the agreement required under division (B)(1) of section 4228
3314.015 of the Revised Code. 4229

       However, a service center that proposes the establishment of 4230
a conversion community school located in a county outside of the 4231
territory of the service center or a county contiguous to such 4232
county shall be subject to approval from the department of 4233
education and from the agreement required under that section.4234

       Division (B)(2) of this section does not apply to an 4235
educational service center that sponsors community schools and 4236
that is exempted under section 3314.021 or 3314.027 of the Revised 4237
Code from the requirement to be approved for sponsorship under 4238
divisions (A)(2) and (B)(1) of section 3314.015 of the Revised 4239
Code.4240

       (3) Upon receipt of a proposal, a board may enter into a 4241
preliminary agreement with the person or group proposing the 4242
conversion of the public school or service center building, 4243
indicating the intention of the board to support the conversion to 4244
a community school. A proposing person or group that has a 4245
preliminary agreement under this division may proceed to finalize 4246
plans for the school, establish a governing authority for the 4247
school, and negotiate a contract with the board. Provided the 4248
proposing person or group adheres to the preliminary agreement and 4249
all provisions of this chapter, the board shall negotiate in good 4250
faith to enter into a contract in accordance with section 3314.03 4251
of the Revised Code and division (C) of this section.4252

       (C)(1) Any person or group of individuals may propose under 4253
this division the establishment of a new start-up school to be 4254
located in a challenged school district. The proposal may be made 4255
to any of the following entities:4256

       (a) The board of education of the district in which the 4257
school is proposed to be located;4258

       (b) The board of education of any joint vocational school 4259
district with territory in the county in which is located the 4260
majority of the territory of the district in which the school is 4261
proposed to be located;4262

       (c) The board of education of any other city, local, or 4263
exempted village school district having territory in the same 4264
county where the district in which the school is proposed to be 4265
located has the major portion of its territory;4266

       (d) The governing board of any educational service center, as 4267
long as the proposed school will be located in a county within the 4268
territory of the service center or in a county contiguous to such 4269
county. However, the governing board of an educational service 4270
centerregardless of the location of the proposed school, may 4271
sponsor a new start-up school in any challenged school district in 4272
the state if allboth of the following are satisfied:4273

       (i) If applicable, it satisfies the requirements of division 4274
(E) of section 3311.86 of the Revised Code;4275

       (ii) It is approved to do so by the department;4276

       (iii)(ii) It enters into an agreement with the department 4277
under section 3314.015 of the Revised Code.4278

        (e) A sponsoring authority designated by the board of 4279
trustees of any of the thirteen state universities listed in 4280
section 3345.011 of the Revised Code or the board of trustees 4281
itself as long as a mission of the proposed school to be specified 4282
in the contract under division (A)(2) of section 3314.03 of the 4283
Revised Code and as approved by the department under division 4284
(B)(2) of section 3314.015 of the Revised Code will be the 4285
practical demonstration of teaching methods, educational 4286
technology, or other teaching practices that are included in the 4287
curriculum of the university's teacher preparation program 4288
approved by the state board of education;4289

        (f) Any qualified tax-exempt entity under section 501(c)(3) 4290
of the Internal Revenue Code as long as all of the following 4291
conditions are satisfied:4292

        (i) The entity has been in operation for at least five years 4293
prior to applying to be a community school sponsor.4294

        (ii) The entity has assets of at least five hundred thousand 4295
dollars and a demonstrated record of financial responsibility.4296

        (iii) The department has determined that the entity is an 4297
education-oriented entity under division (B)(3) of section 4298
3314.015 of the Revised Code and the entity has a demonstrated 4299
record of successful implementation of educational programs.4300

       (iv) The entity is not a community school.4301

       (g) The mayor of a city in which the majority of the 4302
territory of a school district to which section 3311.60 of the 4303
Revised Code applies is located, regardless of whether that 4304
district has created the position of independent auditor as 4305
prescribed by that section. The mayor's sponsorship authority 4306
under this division is limited to community schools that are 4307
located in that school district. Such mayor may sponsor community 4308
schools only with the approval of the city council of that city, 4309
after establishing standards with which community schools 4310
sponsored by the mayor must comply, and after entering into a 4311
sponsor agreement with the department as prescribed under section 4312
3314.015 of the Revised Code. The mayor shall establish the 4313
standards for community schools sponsored by the mayor not later 4314
than one hundred eighty days after the effective date of this 4315
amendmentJuly 15, 2013, and shall submit them to the department 4316
upon their establishment. The department shall approve the mayor 4317
to sponsor community schools in the district, upon receipt of an 4318
application by the mayor to do so. Not later than ninety days 4319
after the department's approval of the mayor as a community school 4320
sponsor, the department shall enter into the sponsor agreement 4321
with the mayor.4322

        Any entity described in division (C)(1) of this section may 4323
enter into a preliminary agreement pursuant to division (C)(2) of 4324
this section with the proposing person or group.4325

       (2) A preliminary agreement indicates the intention of an 4326
entity described in division (C)(1) of this section to sponsor the 4327
community school. A proposing person or group that has such a 4328
preliminary agreement may proceed to finalize plans for the 4329
school, establish a governing authority as described in division 4330
(E) of this section for the school, and negotiate a contract with 4331
the entity. Provided the proposing person or group adheres to the 4332
preliminary agreement and all provisions of this chapter, the 4333
entity shall negotiate in good faith to enter into a contract in 4334
accordance with section 3314.03 of the Revised Code.4335

       (3) A new start-up school that is established in a school 4336
district described in either division (A)(3)(b) or (d) of this 4337
section may continue in existence once the school district no 4338
longer meets the conditions described in either division, provided 4339
there is a valid contract between the school and a sponsor.4340

       (4) A copy of every preliminary agreement entered into under 4341
this division shall be filed with the superintendent of public 4342
instruction.4343

       (D) A majority vote of the board of a sponsoring entity and a 4344
majority vote of the members of the governing authority of a 4345
community school shall be required to adopt a contract and convert 4346
the public school or educational service center building to a 4347
community school or establish the new start-up school. Beginning 4348
September 29, 2005, adoption of the contract shall occur not later 4349
than the fifteenth day of March, and signing of the contract shall 4350
occur not later than the fifteenth day of May, prior to the school 4351
year in which the school will open. The governing authority shall 4352
notify the department of education when the contract has been 4353
signed. Subject to sections 3314.013 and 3314.016 of the Revised 4354
Code, an unlimited number of community schools may be established 4355
in any school district provided that a contract is entered into 4356
for each community school pursuant to this chapter.4357

       (E)(1) As used in this division, "immediate relatives" are 4358
limited to spouses, children, parents, grandparents, siblings, and 4359
in-laws.4360

        Each new start-up community school established under this 4361
chapter shall be under the direction of a governing authority 4362
which shall consist of a board of not less than five individuals.4363

        No person shall serve on the governing authority or operate 4364
the community school under contract with the governing authority 4365
so long as the person owes the state any money or is in a dispute 4366
over whether the person owes the state any money concerning the 4367
operation of a community school that has closed.4368

       (2) No person shall serve on the governing authorities of 4369
more than five start-up community schools at the same time.4370

       (3) No present or former member, or immediate relative of a 4371
present or former member, of the governing authority of any 4372
community school established under this chapter shall be an owner, 4373
employee, or consultant of any sponsor or operator of a community 4374
school, unless at least one year has elapsed since the conclusion 4375
of the person's membership.4376

       (4) The governing authority of a start-up community school 4377
may provide by resolution for the compensation of its members. 4378
However, no individual who serves on the governing authority of a 4379
start-up community school shall be compensated more than four 4380
hundred twenty-five dollars per meeting of that governing 4381
authority and no such individual shall be compensated more than a 4382
total amount of five thousand dollars per year for all governing 4383
authorities upon which the individual serves.4384

       (F)(1) A new start-up school that is established prior to 4385
August 15, 2003, in an urban school district that is not also a 4386
big-eight school district may continue to operate after that date 4387
and the contract between the school's governing authority and the 4388
school's sponsor may be renewed, as provided under this chapter, 4389
after that date, but no additional new start-up schools may be 4390
established in such a district unless the district is a challenged 4391
school district as defined in this section as it exists on and 4392
after that date.4393

       (2) A community school that was established prior to June 29, 4394
1999, and is located in a county contiguous to the pilot project 4395
area and in a school district that is not a challenged school 4396
district may continue to operate after that date, provided the 4397
school complies with all provisions of this chapter. The contract 4398
between the school's governing authority and the school's sponsor 4399
may be renewed, but no additional start-up community school may be 4400
established in that district unless the district is a challenged 4401
school district.4402

       (3) Any educational service center that, on June 30, 2007, 4403
sponsors a community school that is not located in a county within 4404
the territory of the service center or in a county contiguous to 4405
such county may continue to sponsor that community school on and 4406
after June 30, 2007, and may renew its contract with the school. 4407
However, the educational service center shall not enter into a 4408
contract with any additional community school, unless the school 4409
is located in a county within the territory of the service center 4410
or in a county contiguous to such county, or unless the governing 4411
board of the service center has entered into an agreement with the 4412
department authorizing the service center to sponsor a community 4413
school in any challenged school district in the state.4414

       Sec. 3314.03.  A copy of every contract entered into under 4415
this section shall be filed with the superintendent of public 4416
instruction. The department of education shall make available on 4417
its web site a copy of every approved, executed contract filed 4418
with the superintendent under this section.4419

       (A) Each contract entered into between a sponsor and the 4420
governing authority of a community school shall specify the 4421
following:4422

       (1) That the school shall be established as either of the 4423
following:4424

       (a) A nonprofit corporation established under Chapter 1702. 4425
of the Revised Code, if established prior to April 8, 2003;4426

       (b) A public benefit corporation established under Chapter 4427
1702. of the Revised Code, if established after April 8, 2003.4428

       (2) The education program of the school, including the 4429
school's mission, the characteristics of the students the school 4430
is expected to attract, the ages and grades of students, and the 4431
focus of the curriculum;4432

       (3) The academic goals to be achieved and the method of 4433
measurement that will be used to determine progress toward those 4434
goals, which shall include the statewide achievement assessments;4435

       (4) Performance standards by which the success of the school 4436
will be evaluated by the sponsor;4437

       (5) The admission standards of section 3314.06 of the Revised 4438
Code and, if applicable, section 3314.061 of the Revised Code;4439

       (6)(a) Dismissal procedures;4440

       (b) A requirement that the governing authority adopt an 4441
attendance policy that includes a procedure for automatically 4442
withdrawing a student from the school if the student without a 4443
legitimate excuse fails to participate in one hundred five 4444
consecutive hours of the learning opportunities offered to the 4445
student.4446

       (7) The ways by which the school will achieve racial and 4447
ethnic balance reflective of the community it serves;4448

       (8) Requirements for financial audits by the auditor of 4449
state. The contract shall require financial records of the school 4450
to be maintained in the same manner as are financial records of 4451
school districts, pursuant to rules of the auditor of state. 4452
Audits shall be conducted in accordance with section 117.10 of the 4453
Revised Code.4454

       (9) The facilities to be used and their locations;4455

       (10) Qualifications of teachers, including a requirement that 4456
the school's classroom teachers be licensed in accordance with 4457
sections 3319.22 to 3319.31 of the Revised Code, except that a 4458
community school may engage noncertificated persons to teach up to 4459
twelve hours per week pursuant to section 3319.301 of the Revised 4460
Code.4461

       (11) That the school will comply with the following 4462
requirements:4463

       (a) The school will provide learning opportunities to a 4464
minimum of twenty-five students for a minimum of nine hundred 4465
twenty hours per school year.4466

       (b) The governing authority will purchase liability 4467
insurance, or otherwise provide for the potential liability of the 4468
school.4469

       (c) The school will be nonsectarian in its programs, 4470
admission policies, employment practices, and all other 4471
operations, and will not be operated by a sectarian school or 4472
religious institution.4473

       (d) The school will comply with sections 9.90, 9.91, 109.65, 4474
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 4475
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, 4476
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 4477
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 4478
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 4479
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 4480
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 4481
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 4482
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4483
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., 4484
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it 4485
were a school district and will comply with section 3301.0714 of 4486
the Revised Code in the manner specified in section 3314.17 of the 4487
Revised Code.4488

       (e) The school shall comply with Chapter 102. and section 4489
2921.42 of the Revised Code.4490

       (f) The school will comply with sections 3313.61, 3313.611, 4491
and 3313.614 of the Revised Code, except that for students who 4492
enter ninth grade for the first time before July 1, 2010, the 4493
requirement in sections 3313.61 and 3313.611 of the Revised Code 4494
that a person must successfully complete the curriculum in any 4495
high school prior to receiving a high school diploma may be met by 4496
completing the curriculum adopted by the governing authority of 4497
the community school rather than the curriculum specified in Title 4498
XXXIII of the Revised Code or any rules of the state board of 4499
education. Beginning with students who enter ninth grade for the 4500
first time on or after July 1, 2010, the requirement in sections 4501
3313.61 and 3313.611 of the Revised Code that a person must 4502
successfully complete the curriculum of a high school prior to 4503
receiving a high school diploma shall be met by completing the 4504
Ohio core curriculum prescribed in division (C) of section 4505
3313.603 of the Revised Code, unless the person qualifies under 4506
division (D) or (F) of that section. Each school shall comply with 4507
the plan for awarding high school credit based on demonstration of 4508
subject area competency, adopted by the state board of education 4509
under division (J) of section 3313.603 of the Revised Code.4510

       (g) The school governing authority will submit within four 4511
months after the end of each school year a report of its 4512
activities and progress in meeting the goals and standards of 4513
divisions (A)(3) and (4) of this section and its financial status 4514
to the sponsor and the parents of all students enrolled in the 4515
school.4516

       (h) The school, unless it is an internet- or computer-based 4517
community school, will comply with section 3313.801 of the Revised 4518
Code as if it were a school district.4519

       (i) If the school is the recipient of moneys from a grant 4520
awarded under the federal race to the top program, Division (A), 4521
Title XIV, Sections 14005 and 14006 of the "American Recovery and 4522
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 4523
school will pay teachers based upon performance in accordance with 4524
section 3317.141 and will comply with section 3319.111 of the 4525
Revised Code as if it were a school district.4526

       (12) Arrangements for providing health and other benefits to 4527
employees;4528

       (13) The length of the contract, which shall begin at the 4529
beginning of an academic year. No contract shall exceed five years 4530
unless such contract has been renewed pursuant to division (E) of 4531
this section.4532

       (14) The governing authority of the school, which shall be 4533
responsible for carrying out the provisions of the contract;4534

       (15) A financial plan detailing an estimated school budget 4535
for each year of the period of the contract and specifying the 4536
total estimated per pupil expenditure amount for each such year. 4537

       (16) Requirements and procedures regarding the disposition of 4538
employees of the school in the event the contract is terminated or 4539
not renewed pursuant to section 3314.07 of the Revised Code;4540

       (17) Whether the school is to be created by converting all or 4541
part of an existing public school or educational service center 4542
building or is to be a new start-up school, and if it is a 4543
converted public school or service center building, specification 4544
of any duties or responsibilities of an employer that the board of 4545
education or service center governing board that operated the 4546
school or building before conversion is delegating to the 4547
governing authority of the community school with respect to all or 4548
any specified group of employees provided the delegation is not 4549
prohibited by a collective bargaining agreement applicable to such 4550
employees;4551

       (18) Provisions establishing procedures for resolving 4552
disputes or differences of opinion between the sponsor and the 4553
governing authority of the community school;4554

       (19) A provision requiring the governing authority to adopt a 4555
policy regarding the admission of students who reside outside the 4556
district in which the school is located. That policy shall comply 4557
with the admissions procedures specified in sections 3314.06 and 4558
3314.061 of the Revised Code and, at the sole discretion of the 4559
authority, shall do one of the following:4560

       (a) Prohibit the enrollment of students who reside outside 4561
the district in which the school is located;4562

       (b) Permit the enrollment of students who reside in districts 4563
adjacent to the district in which the school is located;4564

       (c) Permit the enrollment of students who reside in any other 4565
district in the state.4566

       (20) A provision recognizing the authority of the department 4567
of education to take over the sponsorship of the school in 4568
accordance with the provisions of division (C) of section 3314.015 4569
of the Revised Code;4570

       (21) A provision recognizing the sponsor's authority to 4571
assume the operation of a school under the conditions specified in 4572
division (B) of section 3314.073 of the Revised Code;4573

        (22) A provision recognizing both of the following:4574

       (a) The authority of public health and safety officials to 4575
inspect the facilities of the school and to order the facilities 4576
closed if those officials find that the facilities are not in 4577
compliance with health and safety laws and regulations;4578

       (b) The authority of the department of education as the 4579
community school oversight body to suspend the operation of the 4580
school under section 3314.072 of the Revised Code if the 4581
department has evidence of conditions or violations of law at the 4582
school that pose an imminent danger to the health and safety of 4583
the school's students and employees and the sponsor refuses to 4584
take such action.4585

        (23) A description of the learning opportunities that will be 4586
offered to students including both classroom-based and 4587
non-classroom-based learning opportunities that is in compliance 4588
with criteria for student participation established by the 4589
department under division (H)(2) of section 3314.08 of the Revised 4590
Code;4591

       (24) The school will comply with sections 3302.04 and 4592
3302.041 of the Revised Code, except that any action required to 4593
be taken by a school district pursuant to those sections shall be 4594
taken by the sponsor of the school. However, the sponsor shall not 4595
be required to take any action described in division (F) of 4596
section 3302.04 of the Revised Code.4597

       (25) Beginning in the 2006-2007 school year, the school will 4598
open for operation not later than the thirtieth day of September 4599
each school year, unless the mission of the school as specified 4600
under division (A)(2) of this section is solely to serve dropouts. 4601
In its initial year of operation, if the school fails to open by 4602
the thirtieth day of September, or within one year after the 4603
adoption of the contract pursuant to division (D) of section 4604
3314.02 of the Revised Code if the mission of the school is solely 4605
to serve dropouts, the contract shall be void.4606

       (B) The community school shall also submit to the sponsor a 4607
comprehensive plan for the school. The plan shall specify the 4608
following:4609

       (1) The process by which the governing authority of the 4610
school will be selected in the future;4611

       (2) The management and administration of the school;4612

       (3) If the community school is a currently existing public 4613
school or educational service center building, alternative 4614
arrangements for current public school students who choose not to 4615
attend the converted school and for teachers who choose not to 4616
teach in the school or building after conversion;4617

       (4) The instructional program and educational philosophy of 4618
the school;4619

       (5) Internal financial controls.4620

       (C) A contract entered into under section 3314.02 of the 4621
Revised Code between a sponsor and the governing authority of a 4622
community school may provide for the community school governing 4623
authority to make payments to the sponsor, which is hereby 4624
authorized to receive such payments as set forth in the contract 4625
between the governing authority and the sponsor. The total amount 4626
of such payments for oversight and monitoring of the school shall 4627
not exceed three per cent of the total amount of payments for 4628
operating expenses that the school receives from the state.4629

       (D) The contract shall specify the duties of the sponsor 4630
which shall be in accordance with the written agreement entered 4631
into with the department of education under division (B) of 4632
section 3314.015 of the Revised Code and shall include the 4633
following:4634

        (1) Monitor the community school's compliance with all laws 4635
applicable to the school and with the terms of the contract;4636

        (2) Monitor and evaluate the academic and fiscal performance 4637
and the organization and operation of the community school on at 4638
least an annual basis;4639

        (3) Report on an annual basis the results of the evaluation 4640
conducted under division (D)(2) of this section to the department 4641
of education and to the parents of students enrolled in the 4642
community school;4643

        (4) Provide technical assistance to the community school in 4644
complying with laws applicable to the school and terms of the 4645
contract;4646

        (5) Take steps to intervene in the school's operation to 4647
correct problems in the school's overall performance, declare the 4648
school to be on probationary status pursuant to section 3314.073 4649
of the Revised Code, suspend the operation of the school pursuant 4650
to section 3314.072 of the Revised Code, or terminate the contract 4651
of the school pursuant to section 3314.07 of the Revised Code as 4652
determined necessary by the sponsor;4653

        (6) Have in place a plan of action to be undertaken in the 4654
event the community school experiences financial difficulties or 4655
closes prior to the end of a school year.4656

        (E) Upon the expiration of a contract entered into under this 4657
section, the sponsor of a community school may, with the approval 4658
of the governing authority of the school, renew that contract for 4659
a period of time determined by the sponsor, but not ending earlier 4660
than the end of any school year, if the sponsor finds that the 4661
school's compliance with applicable laws and terms of the contract 4662
and the school's progress in meeting the academic goals prescribed 4663
in the contract have been satisfactory. Any contract that is 4664
renewed under this division remains subject to the provisions of 4665
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.4666

       (F) If a community school fails to open for operation within 4667
one year after the contract entered into under this section is 4668
adopted pursuant to division (D) of section 3314.02 of the Revised 4669
Code or permanently closes prior to the expiration of the 4670
contract, the contract shall be void and the school shall not 4671
enter into a contract with any other sponsor. A school shall not 4672
be considered permanently closed because the operations of the 4673
school have been suspended pursuant to section 3314.072 of the 4674
Revised Code.4675

       Sec. 3314.08.  (A) As used in this section:4676

       (1)(a) "Category one career-technical education student" 4677
means a student who is receiving the career-technical education 4678
services described in division (A) of section 3317.014 of the 4679
Revised Code.4680

       (b) "Category two career-technical student" means a student 4681
who is receiving the career-technical education services described 4682
in division (B) of section 3317.014 of the Revised Code.4683

       (c) "Category three career-technical student" means a student 4684
who is receiving the career-technical education services described 4685
in division (C) of section 3317.014 of the Revised Code.4686

       (d) "Category four career-technical student" means a student 4687
who is receiving the career-technical education services described 4688
in division (D) of section 3317.014 of the Revised Code.4689

       (e) "Category five career-technical education student" means 4690
a student who is receiving the career-technical education services 4691
described in division (E) of section 3317.014 of the Revised Code.4692

       (2)(a) "Category one limited English proficient student" 4693
means a limited English proficient student described in division 4694
(A) of section 3317.016 of the Revised Code.4695

       (b) "Category two limited English proficient student" means a 4696
limited English proficient student described in division (B) of 4697
section 3317.016 of the Revised Code.4698

       (c) "Category three limited English proficient student" means 4699
a limited English proficient student described in division (C) of 4700
section 3317.016 of the Revised Code.4701

       (3)(a) "Category one special education student" means a 4702
student who is receiving special education services for a 4703
disability specified in division (A) of section 3317.013 of the 4704
Revised Code.4705

       (b) "Category two special education student" means a student 4706
who is receiving special education services for a disability 4707
specified in division (B) of section 3317.013 of the Revised Code.4708

       (c) "Category three special education student" means a 4709
student who is receiving special education services for a 4710
disability specified in division (C) of section 3317.013 of the 4711
Revised Code.4712

       (d) "Category four special education student" means a student 4713
who is receiving special education services for a disability 4714
specified in division (D) of section 3317.013 of the Revised Code.4715

       (e) "Category five special education student" means a student 4716
who is receiving special education services for a disability 4717
specified in division (E) of section 3317.013 of the Revised Code.4718

       (f) "Category six special education student" means a student 4719
who is receiving special education services for a disability 4720
specified in division (F) of section 3317.013 of the Revised Code.4721

       (4) "Formula amount" has the same meaning as in section 4722
3317.02 of the Revised Code.4723

       (5) "IEP" has the same meaning as in section 3323.01 of the 4724
Revised Code.4725

       (6) "Resident district" means the school district in which a 4726
student is entitled to attend school under section 3313.64 or 4727
3313.65 of the Revised Code.4728

       (7) "State education aid" has the same meaning as in section 4729
5751.20 of the Revised Code.4730

       (B) The state board of education shall adopt rules requiring 4731
both of the following:4732

       (1) The board of education of each city, exempted village, 4733
and local school district to annually report the number of 4734
students entitled to attend school in the district who are 4735
enrolled in each grade kindergarten through twelve in a community 4736
school established under this chapter, and for each child, the 4737
community school in which the child is enrolled.4738

       (2) The governing authority of each community school 4739
established under this chapter to annually report all of the 4740
following:4741

       (a) The number of students enrolled in grades one through 4742
twelve and the full-time equivalent number of students enrolled in 4743
kindergarten in the school who are not receiving special education 4744
and related services pursuant to an IEP;4745

       (b) The number of enrolled students in grades one through 4746
twelve and the full-time equivalent number of enrolled students in 4747
kindergarten, who are receiving special education and related 4748
services pursuant to an IEP;4749

       (c) The number of students reported under division (B)(2)(b) 4750
of this section receiving special education and related services 4751
pursuant to an IEP for a disability described in each of divisions 4752
(A) to (F) of section 3317.013 of the Revised Code;4753

       (d) The full-time equivalent number of students reported 4754
under divisions (B)(2)(a) and (b) of this section who are enrolled 4755
in career-technical education programs or classes described in 4756
each of divisions (A) to (E) of section 3317.014 of the Revised 4757
Code that are provided by the community school;4758

       (e) Twenty per cent of the number of students reported under 4759
divisions (B)(2)(a) and (b) of this section who are not reported 4760
under division (B)(2)(d) of this section but who are enrolled in 4761
career-technical education programs or classes described in each 4762
of divisions (A) to (E) of section 3317.014 of the Revised Code at 4763
a joint vocational school district or another district in the 4764
career-technical planning district to which the school is 4765
assigned;4766

       (f) The number of students reported under divisions (B)(2)(a) 4767
and (b) of this section who are category one to three limited 4768
English proficient students described in each of divisions (A) to 4769
(C) of section 3317.016 of the Revised Code;4770

       (g) The number of students reported under divisions (B)(2)(a) 4771
and (b) who are economically disadvantaged, as defined by the 4772
department. A student shall not be categorically excluded from the 4773
number reported under division (B)(2)(g) of this section based on 4774
anything other than family income.4775

       (h) For each student, the city, exempted village, or local 4776
school district in which the student is entitled to attend school 4777
under section 3313.64 or 3313.65 of the Revised Code.4778

       A school district board and a community school governing 4779
authority shall include in their respective reports under division 4780
(B) of this section any child admitted in accordance with division 4781
(A)(2) of section 3321.01 of the Revised Code.4782

        A governing authority of a community school shall not include 4783
in its report under division (B)(2) of this section any student 4784
for whom tuition is charged under division (F) of this section.4785

       (C)(1) Except as provided in division (C)(2) of this section, 4786
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 4787
section, on a full-time equivalency basis, for each student 4788
enrolled in a community school established under this chapter, the 4789
department of education annually shall deduct from the state 4790
education aid of a student's resident district and, if necessary, 4791
from the payment made to the district under sections 321.24 and 4792
323.156 of the Revised Code and pay to the community school the 4793
sum of the following:4794

       (a) An opportunity grant in an amount equal to the formula 4795
amount;4796

       (b) The per pupil amount of targeted assistance funds 4797
calculated under division (A) of section 3317.0217 of the Revised 4798
Code for the student's resident district, as determined by the 4799
department, X 0.25;4800

       (c) Additional state aid for special education and related 4801
services provided under Chapter 3323. of the Revised Code as 4802
follows:4803

       (i) If the student is a category one special education 4804
student, the amount specified in division (A) of section 3317.013 4805
of the Revised Code;4806

       (ii) If the student is a category two special education 4807
student, the amount specified in division (B) of section 3317.013 4808
of the Revised Code;4809

       (iii) If the student is a category three special education 4810
student, the amount specified in division (C) of section 3317.013 4811
of the Revised Code;4812

       (iv) If the student is a category four special education 4813
student, the amount specified in division (D) of section 3317.013 4814
of the Revised Code;4815

       (v) If the student is a category five special education 4816
student, the amount specified in division (E) of section 3317.013 4817
of the Revised Code;4818

       (vi) If the student is a category six special education 4819
student, the amount specified in division (F) of section 3317.013 4820
of the Revised Code.4821

       (d) If the student is in kindergarten through third grade, an 4822
additional amount of $211, in fiscal year 2014, and $290, in 4823
fiscal year 2015;4824

       (e) If the student is economically disadvantaged, an 4825
additional amount equal to the following:4826

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 4827
(the resident district's economically disadvantaged index)4828

       (f) Limited English proficiency funds as follows:4829

       (i) If the student is a category one limited English 4830
proficient student, the amount specified in division (A) of 4831
section 3317.016 of the Revised Code;4832

       (ii) If the student is a category two limited English 4833
proficient student, the amount specified in division (B) of 4834
section 3317.016 of the Revised Code;4835

       (iii) If the student is a category three limited English 4836
proficient student, the amount specified in division (C) of 4837
section 3317.016 of the Revised Code.4838

       (g) Career-technical education funds as follows:4839

       (i) If the student is a category one career-technical 4840
education student, the amount specified in division (A) of section 4841
3317.014 of the Revised Code;4842

       (ii) If the student is a category two career-technical 4843
education student, the amount specified in division (B) of section 4844
3317.014 of the Revised Code;4845

       (iii) If the student is a category three career-technical 4846
education student, the amount specified in division (C) of section 4847
3317.014 of the Revised Code;4848

       (iv) If the student is a category four career-technical 4849
education student, the amount specified in division (D) of section 4850
3317.014 of the Revised Code;4851

       (v) If the student is a category five career-technical 4852
education student, the amount specified in division (E) of section 4853
3317.014 of the Revised Code.4854

       Deduction and payment of funds under division (C)(1)(g) of 4855
this section is subject to approval by the lead district of a 4856
career-technical planning district or the department of education 4857
under section 3317.161 of the Revised Code.4858

       (2) When deducting from the state education aid of a 4859
student's resident district for students enrolled in an internet- 4860
or computer-based community school and making payments to such 4861
school under this section, the department shall make the 4862
deductions and payments described in only divisions (C)(1)(a), 4863
(c), and (g) of this section.4864

       No deductions or payments shall be made for a student 4865
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 4866
of this section.4867

       (3)(a) If a community school's costs for a fiscal year for a 4868
student receiving special education and related services pursuant 4869
to an IEP for a disability described in divisions (B) to (F) of 4870
section 3317.013 of the Revised Code exceed the threshold 4871
catastrophic cost for serving the student as specified in division 4872
(B) of section 3317.0214 of the Revised Code, the school may 4873
submit to the superintendent of public instruction documentation, 4874
as prescribed by the superintendent, of all its costs for that 4875
student. Upon submission of documentation for a student of the 4876
type and in the manner prescribed, the department shall pay to the 4877
community school an amount equal to the school's costs for the 4878
student in excess of the threshold catastrophic costs.4879

       (b) The community school shall report under division 4880
(C)(3)(a) of this section, and the department shall pay for, only 4881
the costs of educational expenses and the related services 4882
provided to the student in accordance with the student's 4883
individualized education program. Any legal fees, court costs, or 4884
other costs associated with any cause of action relating to the 4885
student may not be included in the amount.4886

       (4) In any fiscal year, a community school receiving funds 4887
under division (C)(1)(g) of this section shall spend those funds 4888
only for the purposes that the department designates as approved 4889
for career-technical education expenses. Career-technical 4890
educationaleducation expenses approved by the department shall 4891
include only expenses connected to the delivery of 4892
career-technical programming to career-technical students. The 4893
department shall require the school to report data annually so 4894
that the department may monitor the school's compliance with the 4895
requirements regarding the manner in which funding received under 4896
division (C)(1)(g) of this section may be spent.4897

       (5) All funds received under division (C)(1)(g) of this 4898
section shall be spent in the following manner:4899

       (a) At least seventy-five per cent of the funds shall be 4900
spent on curriculum development, purchase, and implementation; 4901
instructional resources and supplies; industry-based program 4902
certification; student assessment, credentialing, and placement; 4903
curriculum specific equipment purchases and leases; 4904
career-technical student organization fees and expenses; home and 4905
agency linkages; work-based learning experiences; professional 4906
development; and other costs directly associated with 4907
career-technical education programs including development of new 4908
programs.4909

       (b) Not more than twenty-five per cent of the funds shall be 4910
used for personnel expenditures.4911

       (6) A community school shall spend the funds it receives 4912
under division (C)(1)(e) of this section in accordance with 4913
section 3317.25 of the Revised Code. 4914

       (7) If the sum of the payments computed under division (C)(1) 4915
of this section for the students entitled to attend school in a 4916
particular school district under sections 3313.64 and 3313.65 of 4917
the Revised Code exceeds the sum of that district's state 4918
education aid and its payment under sections 321.24 and 323.156 of 4919
the Revised Code, the department shall calculate and apply a 4920
proration factor to the payments to all community schools under 4921
that division for the students entitled to attend school in that 4922
district.4923

       (D) A board of education sponsoring a community school may 4924
utilize local funds to make enhancement grants to the school or 4925
may agree, either as part of the contract or separately, to 4926
provide any specific services to the community school at no cost 4927
to the school.4928

       (E) A community school may not levy taxes or issue bonds 4929
secured by tax revenues.4930

       (F) No community school shall charge tuition for the 4931
enrollment of any student who is a resident of this state. A 4932
community school may charge tuition for the enrollment of any 4933
student who is not a resident of this state.4934

       (G)(1)(a) A community school may borrow money to pay any 4935
necessary and actual expenses of the school in anticipation of the 4936
receipt of any portion of the payments to be received by the 4937
school pursuant to division (C) of this section. The school may 4938
issue notes to evidence such borrowing. The proceeds of the notes 4939
shall be used only for the purposes for which the anticipated 4940
receipts may be lawfully expended by the school.4941

       (b) A school may also borrow money for a term not to exceed 4942
fifteen years for the purpose of acquiring facilities.4943

       (2) Except for any amount guaranteed under section 3318.50 of 4944
the Revised Code, the state is not liable for debt incurred by the 4945
governing authority of a community school.4946

       (H) The department of education shall adjust the amounts 4947
subtracted and paid under division (C) of this section to reflect 4948
any enrollment of students in community schools for less than the 4949
equivalent of a full school year. The state board of education 4950
within ninety days after April 8, 2003, shall adopt in accordance 4951
with Chapter 119. of the Revised Code rules governing the payments 4952
to community schools under this section including initial payments 4953
in a school year and adjustments and reductions made in subsequent 4954
periodic payments to community schools and corresponding 4955
deductions from school district accounts as provided under 4956
division (C) of this section. For purposes of this section:4957

       (1) A student shall be considered enrolled in the community 4958
school for any portion of the school year the student is 4959
participating at a college under Chapter 3365. of the Revised 4960
Code.4961

       (2) A student shall be considered to be enrolled in a 4962
community school for the period of time beginning on the later of 4963
the date on which the school both has received documentation of 4964
the student's enrollment from a parent and the student has 4965
commenced participation in learning opportunities as defined in 4966
the contract with the sponsor, or thirty days prior to the date on 4967
which the student is entered into the education management 4968
information system established under section 3301.0714 of the 4969
Revised Code. For purposes of applying this division and divisions 4970
(H)(3) and (4) of this section to a community school student, 4971
"learning opportunities" shall be defined in the contract, which 4972
shall describe both classroom-based and non-classroom-based 4973
learning opportunities and shall be in compliance with criteria 4974
and documentation requirements for student participation which 4975
shall be established by the department. Any student's instruction 4976
time in non-classroom-based learning opportunities shall be 4977
certified by an employee of the community school. A student's 4978
enrollment shall be considered to cease on the date on which any 4979
of the following occur:4980

        (a) The community school receives documentation from a parent 4981
terminating enrollment of the student.4982

        (b) The community school is provided documentation of a 4983
student's enrollment in another public or private school.4984

        (c) The community school ceases to offer learning 4985
opportunities to the student pursuant to the terms of the contract 4986
with the sponsor or the operation of any provision of this 4987
chapter.4988

       Except as otherwise specified in this paragraph, beginning in 4989
the 2011-2012 school year, any student who completed the prior 4990
school year in an internet- or computer-based community school 4991
shall be considered to be enrolled in the same school in the 4992
subsequent school year until the student's enrollment has ceased 4993
as specified in division (H)(2) of this section. The department 4994
shall continue subtracting and paying amounts for the student 4995
under division (C) of this section without interruption at the 4996
start of the subsequent school year. However, if the student 4997
without a legitimate excuse fails to participate in the first one 4998
hundred five consecutive hours of learning opportunities offered 4999
to the student in that subsequent school year, the student shall 5000
be considered not to have re-enrolled in the school for that 5001
school year and the department shall recalculate the payments to 5002
the school for that school year to account for the fact that the 5003
student is not enrolled.5004

        (3) The department shall determine each community school 5005
student's percentage of full-time equivalency based on the 5006
percentage of learning opportunities offered by the community 5007
school to that student, reported either as number of hours or 5008
number of days, is of the total learning opportunities offered by 5009
the community school to a student who attends for the school's 5010
entire school year. However, no internet- or computer-based 5011
community school shall be credited for any time a student spends 5012
participating in learning opportunities beyond ten hours within 5013
any period of twenty-four consecutive hours. Whether it reports 5014
hours or days of learning opportunities, each community school 5015
shall offer not less than nine hundred twenty hours of learning 5016
opportunities during the school year.5017

       (4) With respect to the calculation of full-time equivalency 5018
under division (H)(3) of this section, the department shall waive 5019
the number of hours or days of learning opportunities not offered 5020
to a student because the community school was closed during the 5021
school year due to disease epidemic, hazardous weather conditions, 5022
law enforcement emergencies, inoperability of school buses or 5023
other equipment necessary to the school's operation, damage to a 5024
school building, or other temporary circumstances due to utility 5025
failure rendering the school building unfit for school use, so 5026
long as the school was actually open for instruction with students 5027
in attendance during that school year for not less than the 5028
minimum number of hours required by this chapter. The department 5029
shall treat the school as if it were open for instruction with 5030
students in attendance during the hours or days waived under this 5031
division.5032

       (I) The department of education shall reduce the amounts paid 5033
under this section to reflect payments made to colleges under 5034
division (B) of section 3365.07 of the Revised Code or through 5035
alternative funding agreements entered into under rules adopted 5036
under section 3365.12 of the Revised Code.5037

       (J)(1) No student shall be considered enrolled in any 5038
internet- or computer-based community school or, if applicable to 5039
the student, in any community school that is required to provide 5040
the student with a computer pursuant to division (C) of section 5041
3314.22 of the Revised Code, unless both of the following 5042
conditions are satisfied:5043

       (a) The student possesses or has been provided with all 5044
required hardware and software materials and all such materials 5045
are operational so that the student is capable of fully 5046
participating in the learning opportunities specified in the 5047
contract between the school and the school's sponsor as required 5048
by division (A)(23) of section 3314.03 of the Revised Code;5049

       (b) The school is in compliance with division (A) of section 5050
3314.22 of the Revised Code, relative to such student.5051

       (2) In accordance with policies adopted jointly by the 5052
superintendent of public instruction and the auditor of state, the 5053
department shall reduce the amounts otherwise payable under 5054
division (C) of this section to any community school that includes 5055
in its program the provision of computer hardware and software 5056
materials to any student, if such hardware and software materials 5057
have not been delivered, installed, and activated for each such 5058
student in a timely manner or other educational materials or 5059
services have not been provided according to the contract between 5060
the individual community school and its sponsor.5061

       The superintendent of public instruction and the auditor of 5062
state shall jointly establish a method for auditing any community 5063
school to which this division pertains to ensure compliance with 5064
this section.5065

       The superintendent, auditor of state, and the governor shall 5066
jointly make recommendations to the general assembly for 5067
legislative changes that may be required to assure fiscal and 5068
academic accountability for such schools.5069

       (K)(1) If the department determines that a review of a 5070
community school's enrollment is necessary, such review shall be 5071
completed and written notice of the findings shall be provided to 5072
the governing authority of the community school and its sponsor 5073
within ninety days of the end of the community school's fiscal 5074
year, unless extended for a period not to exceed thirty additional 5075
days for one of the following reasons:5076

        (a) The department and the community school mutually agree to 5077
the extension.5078

        (b) Delays in data submission caused by either a community 5079
school or its sponsor.5080

       (2) If the review results in a finding that additional 5081
funding is owed to the school, such payment shall be made within 5082
thirty days of the written notice. If the review results in a 5083
finding that the community school owes moneys to the state, the 5084
following procedure shall apply:5085

       (a) Within ten business days of the receipt of the notice of 5086
findings, the community school may appeal the department's 5087
determination to the state board of education or its designee.5088

        (b) The board or its designee shall conduct an informal 5089
hearing on the matter within thirty days of receipt of such an 5090
appeal and shall issue a decision within fifteen days of the 5091
conclusion of the hearing.5092

        (c) If the board has enlisted a designee to conduct the 5093
hearing, the designee shall certify its decision to the board. The 5094
board may accept the decision of the designee or may reject the 5095
decision of the designee and issue its own decision on the matter.5096

        (d) Any decision made by the board under this division is 5097
final.5098

        (3) If it is decided that the community school owes moneys to 5099
the state, the department shall deduct such amount from the 5100
school's future payments in accordance with guidelines issued by 5101
the superintendent of public instruction.5102

       (L) The department shall not subtract from a school 5103
district's state aid account and shall not pay to a community 5104
school under division (C) of this section any amount for any of 5105
the following:5106

        (1) Any student who has graduated from the twelfth grade of a 5107
public or nonpublic high school;5108

        (2) Any student who is not a resident of the state;5109

        (3) Any student who was enrolled in the community school 5110
during the previous school year when assessments were administered 5111
under section 3301.0711 of the Revised Code but did not take one 5112
or more of the assessments required by that section and was not 5113
excused pursuant to division (C)(1) or (3) of that section, unless 5114
the superintendent of public instruction grants the student a 5115
waiver from the requirement to take the assessment and a parent is 5116
not paying tuition for the student pursuant to section 3314.26 of 5117
the Revised Code. The superintendent may grant a waiver only for 5118
good cause in accordance with rules adopted by the state board of 5119
education.5120

       (4) Any student who has attained the age of twenty-two years, 5121
except for veterans of the armed services whose attendance was 5122
interrupted before completing the recognized twelve-year course of 5123
the public schools by reason of induction or enlistment in the 5124
armed forces and who apply for enrollment in a community school 5125
not later than four years after termination of war or their 5126
honorable discharge. If, however, any such veteran elects to 5127
enroll in special courses organized for veterans for whom tuition 5128
is paid under federal law, or otherwise, the department shall not 5129
subtract from a school district's state aid account and shall not 5130
pay to a community school under division (C) of this section any 5131
amount for that veteran.5132

       Sec. 3314.191. Notwithstanding any provision to the contrary 5133
in the Revised Code, the department of education shall make no 5134
payment under section 3314.08 of the Revised Code to a community 5135
school opening for its first year of operation until the sponsor 5136
of that school confirms all of the following:5137

        (A) The school is in compliance with the provisions described 5138
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the 5139
Revised Code.5140

        (B) The sponsor has approved the financial controls required 5141
by the comprehensive plan for the school under division (B)(5) of 5142
section 3314.03 of the Revised Code.5143

        (C) The school facilities will be ready and open for use by 5144
the date prescribed in the contract entered into under section 5145
3314.03 of the Revised Code, and the sponsor has reviewed any 5146
lease, purchase agreement, permits required by statute or 5147
contract, and construction plans.5148

       (D) The chief administrator of the community school actively 5149
is managing daily operations at the school.5150

        (E) The projected enrollment reported to the department is 5151
accurate.5152

       Sec. 3314.352. No community school that is permanently closed 5153
under section 3314.35 or 3314.351 of the Revised Code may be 5154
reopened under another name if any of the following conditions are 5155
true:5156

        (A) The new school has the same sponsor as the closed school.5157

        (B) The new school has the same chief administrator as the 5158
closed school.5159

        (C) The governing authority of the new school consists of any 5160
of the same members that served on the governing authority of the 5161
closed school during that school's last year of operation.5162

       (D) Fifty per cent or more of the teaching staff of the new 5163
school consists of the same individuals who were employed as 5164
teachers at the closed school during that school's last year of 5165
operation.5166

        (E) Fifty per cent or more of the administrative staff of the 5167
new school consists of the same individuals who were employed as 5168
administrators at the closed school during that school's last year 5169
of operation.5170

        (F) The performance standards and accountability plan 5171
prescribed by the sponsor contract for the new school, entered 5172
into under section 3314.03 of the Revised Code, are the same as 5173
those for the closed school.5174

        (G) This section does not apply to internet- or 5175
computer-based community schools.5176

       Sec. 3317.03.  (A) The superintendent of each city, local, 5177
and exempted village school district shall report to the state 5178
board of education as of the last day of October, March, and June 5179
of each year the enrollment of students receiving services from 5180
schools under the superintendent's supervision, and the numbers of 5181
other students entitled to attend school in the district under 5182
section 3313.64 or 3313.65 of the Revised Code the superintendent 5183
is required to report under this section, so that the department 5184
of education can calculate the district's formula ADM, total ADM, 5185
category one through five career-technical education ADM, category 5186
one through three limited English proficient ADM, category one 5187
through six special education ADM, preschool scholarship ADM, 5188
transportation ADM, and, for purposes of provisions of law outside 5189
of Chapter 3317. of the Revised Code, average daily membership. 5190

       (1) The enrollment reported by the superintendent during the 5191
reporting period shall consist of the number of students in grades 5192
kindergarten through twelve receiving any educational services 5193
from the district, except that the following categories of 5194
students shall not be included in the determination:5195

       (a) Students enrolled in adult education classes;5196

       (b) Adjacent or other district students enrolled in the 5197
district under an open enrollment policy pursuant to section 5198
3313.98 of the Revised Code;5199

       (c) Students receiving services in the district pursuant to a 5200
compact, cooperative education agreement, or a contract, but who 5201
are entitled to attend school in another district pursuant to 5202
section 3313.64 or 3313.65 of the Revised Code;5203

       (d) Students for whom tuition is payable pursuant to sections 5204
3317.081 and 3323.141 of the Revised Code;5205

       (e) Students receiving services in the district through a 5206
scholarship awarded under either section 3310.41 or sections 5207
3310.51 to 3310.64 of the Revised Code.5208

       When reporting students under division (A)(1) of this 5209
section, the superintendent also shall report the district where 5210
each student is entitled to attend school pursuant to sections 5211
3313.64 and 3313.65 of the Revised Code.5212

       (2) The department of education shall compile a list of all 5213
students reported to be enrolled in a district under division 5214
(A)(1) of this section and of the students entitled to attend 5215
school in the district pursuant to section 3313.64 or 3313.65 of 5216
the Revised Code on an FTE basis but receiving educational 5217
services in grades kindergarten through twelve from one or more of 5218
the following entities:5219

       (a) A community school pursuant to Chapter 3314. of the 5220
Revised Code, including any participation in a college pursuant to 5221
Chapter 3365. of the Revised Code while enrolled in such community 5222
school;5223

       (b) An alternative school pursuant to sections 3313.974 to 5224
3313.979 of the Revised Code as described in division (I)(2)(a) or 5225
(b) of this section;5226

       (c) A college pursuant to Chapter 3365. of the Revised Code, 5227
except when the student is enrolled in the college while also 5228
enrolled in a community school pursuant to Chapter 3314. or, a 5229
science, technology, engineering, and mathematics school 5230
established under Chapter 3326., or a college-preparatory boarding 5231
school established under Chapter 3328. of the Revised Code;5232

       (d) An adjacent or other school district under an open 5233
enrollment policy adopted pursuant to section 3313.98 of the 5234
Revised Code;5235

       (e) An educational service center or cooperative education 5236
district;5237

       (f) Another school district under a cooperative education 5238
agreement, compact, or contract;5239

       (g) A chartered nonpublic school with a scholarship paid 5240
under section 3310.08 of the Revised Code, if the students 5241
qualified for the scholarship under section 3310.03 of the Revised 5242
Code;5243

        (h) An alternative public provider or a registered private 5244
provider with a scholarship awarded under either section 3310.41 5245
or sections 3310.51 to 3310.64 of the Revised Code. 5246

       As used in this section, "alternative public provider" and 5247
"registered private provider" have the same meanings as in section 5248
3310.41 or 3310.51 of the Revised Code, as applicable.5249

       (i) A science, technology, engineering, and mathematics 5250
school established under Chapter 3326. of the Revised Code, 5251
including any participation in a college pursuant to Chapter 3365. 5252
of the Revised Code while enrolled in the school;5253

       (j) A college-preparatory boarding school established under 5254
Chapter 3328. of the Revised Code, including any participation in 5255
a college pursuant to Chapter 3365. of the Revised Code while 5256
enrolled in the school.5257

       (3) The department also shall compile a list of the students 5258
entitled to attend school in the district under section 3313.64 or 5259
3313.65 of the Revised Code who are enrolled in a joint vocational 5260
school district or under a career-technical education compact, 5261
excluding any students so entitled to attend school in the 5262
district who are enrolled in another school district through an 5263
open enrollment policy as reported under division (A)(2)(d) of 5264
this section and then enroll in a joint vocational school district 5265
or under a career-technical education compact.5266

       The department shall provide each city, local, and exempted 5267
village school district with an opportunity to review the list of 5268
students compiled under divisions (A)(2) and (3) of this section 5269
to ensure that the students reported accurately reflect the 5270
enrollment of students in the district.5271

       (B) To enable the department of education to obtain the data 5272
needed to complete the calculation of payments pursuant to this 5273
chapter, each superintendent shall certify from the reports 5274
provided by the department under division (A) of this section all 5275
of the following:5276

       (1) The total student enrollment in regular learning day 5277
classes included in the report under division (A)(1) or (2) of 5278
this section for each of the individual grades kindergarten 5279
through twelve in schools under the superintendent's supervision;5280

       (2) The unduplicated count of the number of preschool 5281
children with disabilities enrolled in the district for whom the 5282
district is eligible to receive funding under section 3317.0213 of 5283
the Revised Code adjusted for the portion of the year each child 5284
is so enrolled, in accordance with the disability categories 5285
prescribed in section 3317.013 of the Revised Code;5286

       (3) The number of children entitled to attend school in the 5287
district pursuant to section 3313.64 or 3313.65 of the Revised 5288
Code who are:5289

       (a) Participating in a pilot project scholarship program 5290
established under sections 3313.974 to 3313.979 of the Revised 5291
Code as described in division (I)(2)(a) or (b) of this section;5292

       (b) Enrolled in a college under Chapter 3365. of the Revised 5293
Code, except when the student is enrolled in the college while 5294
also enrolled in a community school pursuant to Chapter 3314. of 5295
the Revised Code or, a science, technology, engineering, and 5296
mathematics school established under Chapter 3326., or a 5297
college-preparatory boarding school established under Chapter 5298
3328. of the Revised Code;5299

       (c) Enrolled in an adjacent or other school district under 5300
section 3313.98 of the Revised Code;5301

       (d) Enrolled in a community school established under Chapter 5302
3314. of the Revised Code that is not an internet- or 5303
computer-based community school as defined in section 3314.02 of 5304
the Revised Code, including any participation in a college 5305
pursuant to Chapter 3365. of the Revised Code while enrolled in 5306
such community school;5307

       (e) Enrolled in an internet- or computer-based community 5308
school, as defined in section 3314.02 of the Revised Code, 5309
including any participation in a college pursuant to Chapter 3365. 5310
of the Revised Code while enrolled in the school;5311

        (f) Enrolled in a chartered nonpublic school with a 5312
scholarship paid under section 3310.08 of the Revised Code and who 5313
qualified for the scholarship under section 3310.03 of the Revised 5314
Code;5315

       (g) Enrolled in kindergarten through grade twelve in an 5316
alternative public provider or a registered private provider with 5317
a scholarship awarded under section 3310.41 of the Revised Code;5318

        (h) Enrolled as a preschool child with a disability in an 5319
alternative public provider or a registered private provider with 5320
a scholarship awarded under section 3310.41 of the Revised Code;5321

       (i) Participating in a program operated by a county DD board 5322
or a state institution;5323

       (j) Enrolled in a science, technology, engineering, and 5324
mathematics school established under Chapter 3326. of the Revised 5325
Code, including any participation in a college pursuant to Chapter 5326
3365. of the Revised Code while enrolled in the school;5327

       (k) Enrolled in a college-preparatory boarding school 5328
established under Chapter 3328. of the Revised Code, including any 5329
participation in a college pursuant to Chapter 3365. of the 5330
Revised Code while enrolled in the school;5331

       (l) Enrolled in an alternative public provider or a 5332
registered private provider with a scholarship awarded under 5333
sections 3310.51 to 3310.64 of the Revised Code.5334

       (4) The total enrollment of pupils in joint vocational 5335
schools;5336

       (5) The combined enrollment of children with disabilities 5337
reported under division (A)(1) or (2) of this section receiving 5338
special education services for the category one disability 5339
described in division (A) of section 3317.013 of the Revised Code, 5340
including children attending a special education program operated 5341
by an alternative public provider or a registered private provider 5342
with a scholarship awarded under sections 3310.51 to 3310.64 of 5343
the Revised Code;5344

       (6) The combined enrollment of children with disabilities 5345
reported under division (A)(1) or (2) of this section receiving 5346
special education services for category two disabilities described 5347
in division (B) of section 3317.013 of the Revised Code, including 5348
children attending a special education program operated by an 5349
alternative public provider or a registered private provider with 5350
a scholarship awarded under sections 3310.51 to 3310.64 of the 5351
Revised Code;5352

       (7) The combined enrollment of children with disabilities 5353
reported under division (A)(1) or (2) of this section receiving 5354
special education services for category three disabilities 5355
described in division (C) of section 3317.013 of the Revised Code, 5356
including children attending a special education program operated 5357
by an alternative public provider or a registered private provider 5358
with a scholarship awarded under sections 3310.51 to 3310.64 of 5359
the Revised Code;5360

       (8) The combined enrollment of children with disabilities 5361
reported under division (A)(1) or (2) of this section receiving 5362
special education services for category four disabilities 5363
described in division (D) of section 3317.013 of the Revised Code, 5364
including children attending a special education program operated 5365
by an alternative public provider or a registered private provider 5366
with a scholarship awarded under sections 3310.51 to 3310.64 of 5367
the Revised Code;5368

       (9) The combined enrollment of children with disabilities 5369
reported under division (A)(1) or (2) of this section receiving 5370
special education services for the category five disabilities 5371
described in division (E) of section 3317.013 of the Revised Code, 5372
including children attending a special education program operated 5373
by an alternative public provider or a registered private provider 5374
with a scholarship awarded under sections 3310.51 to 3310.64 of 5375
the Revised Code;5376

       (10) The combined enrollment of children with disabilities 5377
reported under division (A)(1) or (2) and under division (B)(3)(h) 5378
of this section receiving special education services for category 5379
six disabilities described in division (F) of section 3317.013 of 5380
the Revised Code, including children attending a special education 5381
program operated by an alternative public provider or a registered 5382
private provider with a scholarship awarded under either section 5383
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;5384

       (11) The enrollment of pupils reported under division (A)(1) 5385
or (2) of this section on a full-time equivalency basis in 5386
category one career-technical education programs or classes, 5387
described in division (A) of section 3317.014 of the Revised Code, 5388
operated by the school district or by another district that is a 5389
member of the district's career-technical planning district, other 5390
than a joint vocational school district, or by an educational 5391
service center, notwithstanding division (H) of section 3317.02 of 5392
the Revised Code and division (C)(3) of this section;5393

       (12) The enrollment of pupils reported under division (A)(1) 5394
or (2) of this section on a full-time equivalency basis in 5395
category two career-technical education programs or services, 5396
described in division (B) of section 3317.014 of the Revised Code, 5397
operated by the school district or another school district that is 5398
a member of the district's career-technical planning district, 5399
other than a joint vocational school district, or by an 5400
educational service center, notwithstanding division (H) of 5401
section 3317.02 of the Revised Code and division (C)(3) of this 5402
section;5403

       (13) The enrollment of pupils reported under division (A)(1) 5404
or (2) of this section on a full-time equivalency basis in 5405
category three career-technical education programs or services, 5406
described in division (C) of section 3317.014 of the Revised Code, 5407
operated by the school district or another school district that is 5408
a member of the district's career-technical planning district, 5409
other than a joint vocational school district, or by an 5410
educational service center, notwithstanding division (H) of 5411
section 3317.02 of the Revised Code and division (C)(3) of this 5412
section;5413

       (14) The enrollment of pupils reported under division (A)(1) 5414
or (2) of this section on a full-time equivalency basis in 5415
category four career-technical education programs or services, 5416
described in division (D) of section 3317.014 of the Revised Code, 5417
operated by the school district or another school district that is 5418
a member of the district's career-technical planning district, 5419
other than a joint vocational school district, or by an 5420
educational service center, notwithstanding division (H) of 5421
section 3317.02 of the Revised Code and division (C)(3) of this 5422
section;5423

       (15) The enrollment of pupils reported under division (A)(1) 5424
or (2) of this section on a full-time equivalency basis in 5425
category five career-technical education programs or services, 5426
described in division (E) of section 3317.014 of the Revised Code, 5427
operated by the school district or another school district that is 5428
a member of the district's career-technical planning district, 5429
other than a joint vocational school district, or by an 5430
educational service center, notwithstanding division (H) of 5431
section 3317.02 of the Revised Code and division (C)(3) of this 5432
section;5433

       (16) The enrollment of pupils reported under division (A)(1) 5434
or (2) of this section who are limited English proficient students 5435
described in division (A) of section 3317.016 of the Revised Code, 5436
excluding any student reported under division (B)(3)(e) of this 5437
section as enrolled in an internet- or computer-based community 5438
school;5439

       (17) The enrollment of pupils reported under division (A)(1) 5440
or (2) of this section who are limited English proficient students 5441
described in division (B) of section 3317.016 of the Revised Code, 5442
excluding any student reported under division (B)(3)(e) of this 5443
section as enrolled in an internet- or computer-based community 5444
school;5445

       (18) The enrollment of pupils reported under division (A)(1) 5446
or (2) of this section who are limited English proficient students 5447
described in division (C) of section 3317.016 of the Revised Code, 5448
excluding any student reported under division (B)(3)(e) of this 5449
section as enrolled in an internet- or computer-based community 5450
school;5451

       (19) The average number of children transported during the 5452
reporting period by the school district on board-owned or 5453
contractor-owned and -operated buses, reported in accordance with 5454
rules adopted by the department of education;5455

       (20)(a) The number of children, other than preschool children 5456
with disabilities, the district placed with a county DD board in 5457
fiscal year 1998. Division (B)(20)(a) of this section does not 5458
apply after fiscal year 2013.5459

       (b) The number of children with disabilities, other than 5460
preschool children with disabilities, placed with a county DD 5461
board in the current fiscal year to receive special education 5462
services for the category one disability described in division (A) 5463
of section 3317.013 of the Revised Code;5464

       (c) The number of children with disabilities, other than 5465
preschool children with disabilities, placed with a county DD 5466
board in the current fiscal year to receive special education 5467
services for category two disabilities described in division (B) 5468
of section 3317.013 of the Revised Code;5469

       (d) The number of children with disabilities, other than 5470
preschool children with disabilities, placed with a county DD 5471
board in the current fiscal year to receive special education 5472
services for category three disabilities described in division (C) 5473
of section 3317.013 of the Revised Code;5474

       (e) The number of children with disabilities, other than 5475
preschool children with disabilities, placed with a county DD 5476
board in the current fiscal year to receive special education 5477
services for category four disabilities described in division (D) 5478
of section 3317.013 of the Revised Code;5479

       (f) The number of children with disabilities, other than 5480
preschool children with disabilities, placed with a county DD 5481
board in the current fiscal year to receive special education 5482
services for the category five disabilities described in division 5483
(E) of section 3317.013 of the Revised Code;5484

       (g) The number of children with disabilities, other than 5485
preschool children with disabilities, placed with a county DD 5486
board in the current fiscal year to receive special education 5487
services for category six disabilities described in division (F) 5488
of section 3317.013 of the Revised Code.5489

       (21) The enrollment of students who are economically 5490
disadvantaged, as defined by the department, excluding any student 5491
reported under division (B)(3)(e) of this section as enrolled in 5492
an internet- or computer-based community school. A student shall 5493
not be categorically excluded from the number reported under 5494
division (B)(21) of this section based on anything other than 5495
family income.5496

       (C)(1) The state board of education shall adopt rules 5497
necessary for implementing divisions (A), (B), and (D) of this 5498
section. 5499

       (2) A student enrolled in a community school established 5500
under Chapter 3314., a science, technology, engineering, and 5501
mathematics school established under Chapter 3326., or a 5502
college-preparatory boarding school established under Chapter 5503
3328. of the Revised Code shall be counted in the formula ADM and, 5504
if applicable, the category one, two, three, four, five, or six 5505
special education ADM of the school district in which the student 5506
is entitled to attend school under section 3313.64 or 3313.65 of 5507
the Revised Code for the same proportion of the school year that 5508
the student is counted in the enrollment of the community school, 5509
the science, technology, engineering, and mathematics school, or 5510
the college-preparatory boarding school for purposes of section 5511
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding 5512
the enrollment of students certified pursuant to division 5513
(B)(3)(d), (e), (j), or (k) of this section, the department may 5514
adjust the formula ADM of a school district to account for 5515
students entitled to attend school in the district under section 5516
3313.64 or 3313.65 of the Revised Code who are enrolled in a 5517
community school, a science, technology, engineering, and 5518
mathematics school, or a college-preparatory boarding school for 5519
only a portion of the school year.5520

        (3) No child shall be counted as more than a total of one 5521
child in the sum of the enrollment of students of a school 5522
district under division (A), divisions (B)(1) to (22), or division 5523
(D) of this section, except as follows:5524

       (a) A child with a disability described in section 3317.013 5525
of the Revised Code may be counted both in formula ADM and in 5526
category one, two, three, four, five, or six special education ADM 5527
and, if applicable, in category one, two, three, four, or five 5528
career-technical education ADM. As provided in division (H) of 5529
section 3317.02 of the Revised Code, such a child shall be counted 5530
in category one, two, three, four, five, or six special education 5531
ADM in the same proportion that the child is counted in formula 5532
ADM.5533

       (b) A child enrolled in career-technical education programs 5534
or classes described in section 3317.014 of the Revised Code may 5535
be counted both in formula ADM and category one, two, three, four, 5536
or five career-technical education ADM and, if applicable, in 5537
category one, two, three, four, five, or six special education 5538
ADM. Such a child shall be counted in category one, two, three, 5539
four, or five career-technical education ADM in the same 5540
proportion as the percentage of time that the child spends in the 5541
career-technical education programs or classes.5542

       (4) Based on the information reported under this section, the 5543
department of education shall determine the total student count, 5544
as defined in section 3301.011 of the Revised Code, for each 5545
school district.5546

       (D)(1) The superintendent of each joint vocational school 5547
district shall report and certify to the superintendent of public 5548
instruction as of the last day of October, March, and June of each 5549
year the enrollment of students receiving services from schools 5550
under the superintendent's supervision so that the department can 5551
calculate the district's formula ADM, total ADM, category one 5552
through five career-technical education ADM, category one through 5553
three limited English proficient ADM, category one through six 5554
special education ADM, and for purposes of provisions of law 5555
outside of Chapter 3317. of the Revised Code, average daily 5556
membership.5557

       The enrollment reported and certified by the superintendent, 5558
except as otherwise provided in this division, shall consist of 5559
the the number of students in grades six through twelve receiving 5560
any educational services from the district, except that the 5561
following categories of students shall not be included in the 5562
determination:5563

       (a) Students enrolled in adult education classes;5564

       (b) Adjacent or other district joint vocational students 5565
enrolled in the district under an open enrollment policy pursuant 5566
to section 3313.98 of the Revised Code;5567

       (c) Students receiving services in the district pursuant to a 5568
compact, cooperative education agreement, or a contract, but who 5569
are entitled to attend school in a city, local, or exempted 5570
village school district whose territory is not part of the 5571
territory of the joint vocational district;5572

       (d) Students for whom tuition is payable pursuant to sections 5573
3317.081 and 3323.141 of the Revised Code.5574

       (2) To enable the department of education to obtain the data 5575
needed to complete the calculation of payments pursuant to this 5576
chapter, each superintendent shall certify from the report 5577
provided under division (D)(1) of this section the enrollment for 5578
each of the following categories of students:5579

       (a) Students enrolled in each individual grade included in 5580
the joint vocational district schools;5581

       (b) Children with disabilities receiving special education 5582
services for the category one disability described in division (A) 5583
of section 3317.013 of the Revised Code;5584

       (c) Children with disabilities receiving special education 5585
services for the category two disabilities described in division 5586
(B) of section 3317.013 of the Revised Code;5587

       (d) Children with disabilities receiving special education 5588
services for category three disabilities described in division (C) 5589
of section 3317.013 of the Revised Code;5590

       (e) Children with disabilities receiving special education 5591
services for category four disabilities described in division (D) 5592
of section 3317.013 of the Revised Code;5593

       (f) Children with disabilities receiving special education 5594
services for the category five disabilities described in division 5595
(E) of section 3317.013 of the Revised Code;5596

       (g) Children with disabilities receiving special education 5597
services for category six disabilities described in division (F) 5598
of section 3317.013 of the Revised Code;5599

       (h) Students receiving category one career-technical 5600
education services, described in division (A) of section 3317.014 5601
of the Revised Code;5602

       (i) Students receiving category two career-technical 5603
education services, described in division (B) of section 3317.014 5604
of the Revised Code;5605

       (j) Students receiving category three career-technical 5606
education services, described in division (C) of section 3317.014 5607
of the Revised Code;5608

       (k) Students receiving category four career-technical 5609
education services, described in division (D) of section 3317.014 5610
of the Revised Code;5611

       (l) Students receiving category five career-technical 5612
education services, described in division (E) of section 3317.014 5613
of the Revised Code;5614

        (m) Limited English proficient students described in division 5615
(A) of section 3317.016 of the Revised Code;5616

       (n) Limited English proficient students described in division 5617
(B) of section 3317.016 of the Revised Code;5618

       (o) Limited English proficient students described in division 5619
(C) of section 3317.016 of the Revised Code;5620

       (p) Students who are economically disadvantaged, as defined 5621
by the department. A student shall not be categorically excluded 5622
from the number reported under division (D)(2)(p) of this section 5623
based on anything other than family income.5624

       The superintendent of each joint vocational school district 5625
shall also indicate the city, local, or exempted village school 5626
district in which each joint vocational district pupil is entitled 5627
to attend school pursuant to section 3313.64 or 3313.65 of the 5628
Revised Code.5629

       (E) In each school of each city, local, exempted village, 5630
joint vocational, and cooperative education school district there 5631
shall be maintained a record of school enrollment, which record 5632
shall accurately show, for each day the school is in session, the 5633
actual enrollment in regular day classes. For the purpose of 5634
determining the enrollment of students, the enrollment figure of 5635
any school shall not include any pupils except those pupils 5636
described by division (A) of this section. The record of 5637
enrollment for each school shall be maintained in such manner that 5638
no pupil shall be counted as enrolled prior to the actual date of 5639
entry in the school and also in such manner that where for any 5640
cause a pupil permanently withdraws from the school that pupil 5641
shall not be counted as enrolled from and after the date of such 5642
withdrawal. There shall not be included in the enrollment of any 5643
school any of the following:5644

       (1) Any pupil who has graduated from the twelfth grade of a 5645
public or nonpublic high school;5646

       (2) Any pupil who is not a resident of the state;5647

       (3) Any pupil who was enrolled in the schools of the district 5648
during the previous school year when assessments were administered 5649
under section 3301.0711 of the Revised Code but did not take one 5650
or more of the assessments required by that section and was not 5651
excused pursuant to division (C)(1) or (3) of that section;5652

       (4) Any pupil who has attained the age of twenty-two years, 5653
except for veterans of the armed services whose attendance was 5654
interrupted before completing the recognized twelve-year course of 5655
the public schools by reason of induction or enlistment in the 5656
armed forces and who apply for reenrollment in the public school 5657
system of their residence not later than four years after 5658
termination of war or their honorable discharge;5659

       (5) Any pupil who has a high school equivalence diploma as 5660
defined in section 5107.40 of the Revised Code.5661

       If, however, any veteran described by division (E)(4) of this 5662
section elects to enroll in special courses organized for veterans 5663
for whom tuition is paid under the provisions of federal laws, or 5664
otherwise, that veteran shall not be included in the enrollment of 5665
students determined under this section.5666

       Notwithstanding division (E)(3) of this section, the 5667
enrollment of any school may include a pupil who did not take an 5668
assessment required by section 3301.0711 of the Revised Code if 5669
the superintendent of public instruction grants a waiver from the 5670
requirement to take the assessment to the specific pupil and a 5671
parent is not paying tuition for the pupil pursuant to section 5672
3313.6410 of the Revised Code. The superintendent may grant such a 5673
waiver only for good cause in accordance with rules adopted by the 5674
state board of education.5675

       The formula ADM, total ADM, category one through five 5676
career-technical education ADM, category one through three limited 5677
English proficient ADM, category one through six special education 5678
ADM, preschool scholarship ADM, transportation ADM, and, for 5679
purposes of provisions of law outside of Chapter 3317. of the 5680
Revised Code, average daily membership of any school district 5681
shall be determined in accordance with rules adopted by the state 5682
board of education.5683

       (F)(1) If a student attending a community school under 5684
Chapter 3314., a science, technology, engineering, and mathematics 5685
school established under Chapter 3326., or a college-preparatory 5686
boarding school established under Chapter 3328. of the Revised 5687
Code is not included in the formula ADM calculated for the school 5688
district in which the student is entitled to attend school under 5689
section 3313.64 or 3313.65 of the Revised Code, the department of 5690
education shall adjust the formula ADM of that school district to 5691
include the student in accordance with division (C)(2) of this 5692
section, and shall recalculate the school district's payments 5693
under this chapter for the entire fiscal year on the basis of that 5694
adjusted formula ADM. 5695

       (2) If a student awarded an educational choice scholarship is 5696
not included in the formula ADM of the school district from which 5697
the department deducts funds for the scholarship under section 5698
3310.08 of the Revised Code, the department shall adjust the 5699
formula ADM of that school district to include the student to the 5700
extent necessary to account for the deduction, and shall 5701
recalculate the school district's payments under this chapter for 5702
the entire fiscal year on the basis of that adjusted formula ADM. 5703

       (3) If a student awarded a scholarship under the Jon Peterson 5704
special needs scholarship program is not included in the formula 5705
ADM of the school district from which the department deducts funds 5706
for the scholarship under section 3310.55 of the Revised Code, the 5707
department shall adjust the formula ADM of that school district to 5708
include the student to the extent necessary to account for the 5709
deduction, and shall recalculate the school district's payments 5710
under this chapter for the entire fiscal year on the basis of that 5711
adjusted formula ADM. 5712

       (G)(1)(a) The superintendent of an institution operating a 5713
special education program pursuant to section 3323.091 of the 5714
Revised Code shall, for the programs under such superintendent's 5715
supervision, certify to the state board of education, in the 5716
manner prescribed by the superintendent of public instruction, 5717
both of the following:5718

       (i) The unduplicated count of the number of all children with 5719
disabilities other than preschool children with disabilities 5720
receiving services at the institution for each category of 5721
disability described in divisions (A) to (F) of section 3317.013 5722
of the Revised Code adjusted for the portion of the year each 5723
child is so enrolled;5724

       (ii) The unduplicated count of the number of all preschool 5725
children with disabilities in classes or programs for whom the 5726
district is eligible to receive funding under section 3317.0213 of 5727
the Revised Code adjusted for the portion of the year each child 5728
is so enrolled, reported according to the categories prescribed in 5729
section 3317.013 of the Revised Code.5730

       (b) The superintendent of an institution with 5731
career-technical education units approved under section 3317.05 of 5732
the Revised Code shall, for the units under the superintendent's 5733
supervision, certify to the state board of education the 5734
enrollment in those units, in the manner prescribed by the 5735
superintendent of public instruction.5736

       (2) The superintendent of each county DD board that maintains 5737
special education classes under section 3317.20 of the Revised 5738
Code or provides services to preschool children with disabilities 5739
pursuant to an agreement between the DD board and the appropriate 5740
school district shall do both of the following:5741

       (a) Certify to the state board, in the manner prescribed by 5742
the board, the enrollment in classes under section 3317.20 of the 5743
Revised Code for each school district that has placed children in 5744
the classes;5745

       (b) Certify to the state board, in the manner prescribed by 5746
the board, the unduplicated count of the number of all preschool 5747
children with disabilities enrolled in classes for which the DD 5748
board is eligible to receive funding under section 3317.0213 of 5749
the Revised Code adjusted for the portion of the year each child 5750
is so enrolled, reported according to the categories prescribed in 5751
section 3317.013 of the Revised Code, and the number of those 5752
classes.5753

       (H) Except as provided in division (I) of this section, when 5754
any city, local, or exempted village school district provides 5755
instruction for a nonresident pupil whose attendance is 5756
unauthorized attendance as defined in section 3327.06 of the 5757
Revised Code, that pupil's enrollment shall not be included in 5758
that district's enrollment figure used in calculating the 5759
district's payments under this chapter. The reporting official 5760
shall report separately the enrollment of all pupils whose 5761
attendance in the district is unauthorized attendance, and the 5762
enrollment of each such pupil shall be credited to the school 5763
district in which the pupil is entitled to attend school under 5764
division (B) of section 3313.64 or section 3313.65 of the Revised 5765
Code as determined by the department of education.5766

       (I)(1) A city, local, exempted village, or joint vocational 5767
school district admitting a scholarship student of a pilot project 5768
district pursuant to division (C) of section 3313.976 of the 5769
Revised Code may count such student in its enrollment.5770

       (2) In any year for which funds are appropriated for pilot 5771
project scholarship programs, a school district implementing a 5772
state-sponsored pilot project scholarship program that year 5773
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 5774
count in its enrollment:5775

       (a) All children residing in the district and utilizing a 5776
scholarship to attend kindergarten in any alternative school, as 5777
defined in section 3313.974 of the Revised Code;5778

       (b) All children who were enrolled in the district in the 5779
preceding year who are utilizing a scholarship to attend an 5780
alternative school.5781

       (J) The superintendent of each cooperative education school 5782
district shall certify to the superintendent of public 5783
instruction, in a manner prescribed by the state board of 5784
education, the applicable enrollments for all students in the 5785
cooperative education district, also indicating the city, local, 5786
or exempted village district where each pupil is entitled to 5787
attend school under section 3313.64 or 3313.65 of the Revised 5788
Code.5789

       (K) If the superintendent of public instruction determines 5790
that a component of the enrollment certified or reported by a 5791
district superintendent, or other reporting entity, is not 5792
correct, the superintendent of public instruction may order that 5793
the formula ADM used for the purposes of payments under any 5794
section of Title XXXIII of the Revised Code be adjusted in the 5795
amount of the error.5796

       Sec. 3319.22.  (A)(1) The state board of education shall 5797
issue the following educator licenses:5798

       (a) A resident educator license, which shall be valid for 5799
four years, except that theand shall be renewable for reasons 5800
specified by rules adopted by the state board pursuant to division 5801
(A)(3) of this section. The state board, on a case-by-case basis, 5802
may extend the license's duration as necessary to enable the 5803
license holder to complete the Ohio teacher residency program 5804
established under section 3319.223 of the Revised Code;5805

       (b) A professional educator license, which shall be valid for 5806
five years and shall be renewable;5807

       (c) A senior professional educator license, which shall be 5808
valid for five years and shall be renewable;5809

       (d) A lead professional educator license, which shall be 5810
valid for five years and shall be renewable.5811

       (2) The state board may issue any additional educator 5812
licenses of categories, types, and levels the board elects to 5813
provide. 5814

       (3) The state board shall adopt rules establishing the 5815
standards and requirements for obtaining each educator license 5816
issued under this section. The rules shall also include the 5817
reasons for which a resident educator license may be renewed under 5818
division (A)(1)(a) of this section.5819

       (B) The rules adopted under this section shall require at 5820
least the following standards and qualifications for the educator 5821
licenses described in division (A)(1) of this section:5822

       (1) An applicant for a resident educator license shall hold 5823
at least a bachelor's degree from an accredited teacher 5824
preparation program or be a participant in the teach for America 5825
program and meet the qualifications required under section 5826
3319.227 of the Revised Code.5827

       (2) An applicant for a professional educator license shall:5828

       (a) Hold at least a bachelor's degree from an institution of 5829
higher education accredited by a regional accrediting 5830
organization;5831

       (b) Have successfully completed the Ohio teacher residency 5832
program established under section 3319.223 of the Revised Code, if 5833
the applicant's current or most recently issued license is a 5834
resident educator license issued under this section or an 5835
alternative resident educator license issued under section 3319.26 5836
of the Revised Code.5837

       (3) An applicant for a senior professional educator license 5838
shall:5839

       (a) Hold at least a master's degree from an institution of 5840
higher education accredited by a regional accrediting 5841
organization;5842

       (b) Have previously held a professional educator license 5843
issued under this section or section 3319.222 or under former 5844
section 3319.22 of the Revised Code;5845

       (c) Meet the criteria for the accomplished or distinguished 5846
level of performance, as described in the standards for teachers 5847
adopted by the state board under section 3319.61 of the Revised 5848
Code.5849

       (4) An applicant for a lead professional educator license 5850
shall:5851

       (a) Hold at least a master's degree from an institution of 5852
higher education accredited by a regional accrediting 5853
organization;5854

       (b) Have previously held a professional educator license or a 5855
senior professional educator license issued under this section or 5856
a professional educator license issued under section 3319.222 or 5857
former section 3319.22 of the Revised Code;5858

       (c) Meet the criteria for the distinguished level of 5859
performance, as described in the standards for teachers adopted by 5860
the state board under section 3319.61 of the Revised Code;5861

       (d) Either hold a valid certificate issued by the national 5862
board for professional teaching standards or meet the criteria for 5863
a master teacher or other criteria for a lead teacher adopted by 5864
the educator standards board under division (F)(4) or (5) of 5865
section 3319.61 of the Revised Code.5866

       (C) The state board shall align the standards and 5867
qualifications for obtaining a principal license with the 5868
standards for principals adopted by the state board under section 5869
3319.61 of the Revised Code. 5870

       (D) If the state board requires any examinations for educator 5871
licensure, the department of education shall provide the results 5872
of such examinations received by the department to the chancellor 5873
of the Ohio board of regents, in the manner and to the extent 5874
permitted by state and federal law.5875

       (E) Any rules the state board of education adopts, amends, or 5876
rescinds for educator licenses under this section, division (D) of 5877
section 3301.07 of the Revised Code, or any other law shall be 5878
adopted, amended, or rescinded under Chapter 119. of the Revised 5879
Code except as follows:5880

       (1) Notwithstanding division (D) of section 119.03 and 5881
division (A)(1) of section 119.04 of the Revised Code, in the case 5882
of the adoption of any rule or the amendment or rescission of any 5883
rule that necessitates institutions' offering preparation programs 5884
for educators and other school personnel that are approved by the 5885
chancellor of the Ohio board of regents under section 3333.048 of 5886
the Revised Code to revise the curriculum of those programs, the 5887
effective date shall not be as prescribed in division (D) of 5888
section 119.03 and division (A)(1) of section 119.04 of the 5889
Revised Code. Instead, the effective date of such rules, or the 5890
amendment or rescission of such rules, shall be the date 5891
prescribed by section 3333.048 of the Revised Code.5892

       (2) Notwithstanding the authority to adopt, amend, or rescind 5893
emergency rules in division (F) of section 119.03 of the Revised 5894
Code, this authority shall not apply to the state board of 5895
education with regard to rules for educator licenses.5896

       (F)(1) The rules adopted under this section establishing 5897
standards requiring additional coursework for the renewal of any 5898
educator license shall require a school district and a chartered 5899
nonpublic school to establish local professional development 5900
committees. In a nonpublic school, the chief administrative 5901
officer shall establish the committees in any manner acceptable to 5902
such officer. The committees established under this division shall 5903
determine whether coursework that a district or chartered 5904
nonpublic school teacher proposes to complete meets the 5905
requirement of the rules. The department of education shall 5906
provide technical assistance and support to committees as the 5907
committees incorporate the professional development standards 5908
adopted by the state board of education pursuant to section 5909
3319.61 of the Revised Code into their review of coursework that 5910
is appropriate for license renewal. The rules shall establish a 5911
procedure by which a teacher may appeal the decision of a local 5912
professional development committee.5913

       (2) In any school district in which there is no exclusive 5914
representative established under Chapter 4117. of the Revised 5915
Code, the professional development committees shall be established 5916
as described in division (F)(2) of this section.5917

       Not later than the effective date of the rules adopted under 5918
this section, the board of education of each school district shall 5919
establish the structure for one or more local professional 5920
development committees to be operated by such school district. The 5921
committee structure so established by a district board shall 5922
remain in effect unless within thirty days prior to an anniversary 5923
of the date upon which the current committee structure was 5924
established, the board provides notice to all affected district 5925
employees that the committee structure is to be modified. 5926
Professional development committees may have a district-level or 5927
building-level scope of operations, and may be established with 5928
regard to particular grade or age levels for which an educator 5929
license is designated.5930

       Each professional development committee shall consist of at 5931
least three classroom teachers employed by the district, one 5932
principal employed by the district, and one other employee of the 5933
district appointed by the district superintendent. For committees 5934
with a building-level scope, the teacher and principal members 5935
shall be assigned to that building, and the teacher members shall 5936
be elected by majority vote of the classroom teachers assigned to 5937
that building. For committees with a district-level scope, the 5938
teacher members shall be elected by majority vote of the classroom 5939
teachers of the district, and the principal member shall be 5940
elected by a majority vote of the principals of the district, 5941
unless there are two or fewer principals employed by the district, 5942
in which case the one or two principals employed shall serve on 5943
the committee. If a committee has a particular grade or age level 5944
scope, the teacher members shall be licensed to teach such grade 5945
or age levels, and shall be elected by majority vote of the 5946
classroom teachers holding such a license and the principal shall 5947
be elected by all principals serving in buildings where any such 5948
teachers serve. The district superintendent shall appoint a 5949
replacement to fill any vacancy that occurs on a professional 5950
development committee, except in the case of vacancies among the 5951
elected classroom teacher members, which shall be filled by vote 5952
of the remaining members of the committee so selected.5953

       Terms of office on professional development committees shall 5954
be prescribed by the district board establishing the committees. 5955
The conduct of elections for members of professional development 5956
committees shall be prescribed by the district board establishing 5957
the committees. A professional development committee may include 5958
additional members, except that the majority of members on each 5959
such committee shall be classroom teachers employed by the 5960
district. Any member appointed to fill a vacancy occurring prior 5961
to the expiration date of the term for which a predecessor was 5962
appointed shall hold office as a member for the remainder of that 5963
term.5964

       The initial meeting of any professional development 5965
committee, upon election and appointment of all committee members, 5966
shall be called by a member designated by the district 5967
superintendent. At this initial meeting, the committee shall 5968
select a chairperson and such other officers the committee deems 5969
necessary, and shall adopt rules for the conduct of its meetings. 5970
Thereafter, the committee shall meet at the call of the 5971
chairperson or upon the filing of a petition with the district 5972
superintendent signed by a majority of the committee members 5973
calling for the committee to meet.5974

       (3) In the case of a school district in which an exclusive 5975
representative has been established pursuant to Chapter 4117. of 5976
the Revised Code, professional development committees shall be 5977
established in accordance with any collective bargaining agreement 5978
in effect in the district that includes provisions for such 5979
committees.5980

       If the collective bargaining agreement does not specify a 5981
different method for the selection of teacher members of the 5982
committees, the exclusive representative of the district's 5983
teachers shall select the teacher members.5984

       If the collective bargaining agreement does not specify a 5985
different structure for the committees, the board of education of 5986
the school district shall establish the structure, including the 5987
number of committees and the number of teacher and administrative 5988
members on each committee; the specific administrative members to 5989
be part of each committee; whether the scope of the committees 5990
will be district levels, building levels, or by type of grade or 5991
age levels for which educator licenses are designated; the lengths 5992
of terms for members; the manner of filling vacancies on the 5993
committees; and the frequency and time and place of meetings. 5994
However, in all cases, except as provided in division (F)(4) of 5995
this section, there shall be a majority of teacher members of any 5996
professional development committee, there shall be at least five 5997
total members of any professional development committee, and the 5998
exclusive representative shall designate replacement members in 5999
the case of vacancies among teacher members, unless the collective 6000
bargaining agreement specifies a different method of selecting 6001
such replacements.6002

       (4) Whenever an administrator's coursework plan is being 6003
discussed or voted upon, the local professional development 6004
committee shall, at the request of one of its administrative 6005
members, cause a majority of the committee to consist of 6006
administrative members by reducing the number of teacher members 6007
voting on the plan.6008

       (G)(1) The department of education, educational service 6009
centers, county boards of developmental disabilities, regional 6010
professional development centers, special education regional 6011
resource centers, college and university departments of education, 6012
head start programs, and the Ohio education computer network may 6013
establish local professional development committees to determine 6014
whether the coursework proposed by their employees who are 6015
licensed or certificated under this section or section 3319.222 of 6016
the Revised Code, or under the former version of either section as 6017
it existed prior to October 16, 2009, meet the requirements of the 6018
rules adopted under this section. They may establish local 6019
professional development committees on their own or in 6020
collaboration with a school district or other agency having 6021
authority to establish them.6022

       Local professional development committees established by 6023
county boards of developmental disabilities shall be structured in 6024
a manner comparable to the structures prescribed for school 6025
districts in divisions (F)(2) and (3) of this section, as shall 6026
the committees established by any other entity specified in 6027
division (G)(1) of this section that provides educational services 6028
by employing or contracting for services of classroom teachers 6029
licensed or certificated under this section or section 3319.222 of 6030
the Revised Code, or under the former version of either section as 6031
it existed prior to October 16, 2009. All other entities specified 6032
in division (G)(1) of this section shall structure their 6033
committees in accordance with guidelines which shall be issued by 6034
the state board.6035

       (2) Any public agency that is not specified in division 6036
(G)(1) of this section but provides educational services and 6037
employs or contracts for services of classroom teachers licensed 6038
or certificated under this section or section 3319.222 of the 6039
Revised Code, or under the former version of either section as it 6040
existed prior to October 16, 2009, may establish a local 6041
professional development committee, subject to the approval of the 6042
department of education. The committee shall be structured in 6043
accordance with guidelines issued by the state board.6044

       Sec. 3319.26. (A) The state board of education shall adopt 6045
rules establishing the standards and requirements for obtaining an 6046
alternative resident educator license for teaching in grades 6047
kindergarten to twelve, or the equivalent, in a designated subject 6048
area or in the area of intervention specialist, as defined by rule 6049
of the state board. The rules shall also include the reasons for 6050
which an alternative resident educator license may be renewed 6051
under division (D) of this section.6052

       (B) The superintendent of public instruction and the 6053
chancellor of the Ohio board of regents jointly shall develop an 6054
intensive pedagogical training institute to provide instruction in 6055
the principles and practices of teaching for individuals seeking 6056
an alternative resident educator license. The instruction shall 6057
cover such topics as student development and learning, pupil 6058
assessment procedures, curriculum development, classroom 6059
management, and teaching methodology. 6060

       (C) The rules adopted under this section shall require 6061
applicants for the alternative resident educator license to 6062
satisfy the following conditions prior to issuance of the license, 6063
but they shall not require applicants to have completed a major in 6064
the subject area for which application is being made:6065

       (1) Hold a minimum of a baccalaureate degree;6066

       (2) Successfully complete the pedagogical training institute 6067
described in division (B) of this section or a summer training 6068
institute provided to participants of a teacher preparation 6069
program that is operated by a nonprofit organization and has been 6070
approved by the chancellor. The chancellor shall approve any such 6071
program that requires participants to hold a bachelor's degree; 6072
have a cumulative undergraduate grade point average of at least 6073
2.5 out of 4.0, or its equivalent; and successfully complete the 6074
program's summer training institute.6075

       (3) Pass an examination in the subject area for which 6076
application is being made. 6077

       (D) An alternative resident educator license shall be valid 6078
for four years, except that theand shall be renewable for reasons 6079
specified by rules adopted by the state board pursuant to division 6080
(A) of this section. The state board, on a case-by-case basis, may 6081
extend the license's duration as necessary to enable the license 6082
holder to complete the Ohio teacher residency program established 6083
under section 3319.223 of the Revised Code.6084

       (E) The rules shall require the holder of an alternative 6085
resident educator license, as a condition of continuing to hold 6086
the license, to do all of the following:6087

       (1) Participate in the Ohio teacher residency program;6088

       (2) Show satisfactory progress in taking and successfully 6089
completing one of the following:6090

       (a) At least twelve additional semester hours, or the 6091
equivalent, of college coursework in the principles and practices 6092
of teaching in such topics as student development and learning, 6093
pupil assessment procedures, curriculum development, classroom 6094
management, and teaching methodology;6095

       (b) Professional development provided by a teacher 6096
preparation program that has been approved by the chancellor under 6097
division (C)(2) of this section.6098

       (3) Take an assessment of professional knowledge in the 6099
second year of teaching under the license.6100

       (F) The rules shall provide for the granting of a 6101
professional educator license to a holder of an alternative 6102
resident educator license upon successfully completing all of the 6103
following:6104

       (1) Four years of teaching under the alternative license;6105

       (2) The additional college coursework or professional 6106
development described in division (E)(2) of this section;6107

       (3) The assessment of professional knowledge described in 6108
division (E)(3) of this section. The standards for successfully 6109
completing this assessment and the manner of conducting the 6110
assessment shall be the same as for any other individual who is 6111
required to take the assessment pursuant to rules adopted by the 6112
state board under section 3319.22 of the Revised Code.6113

       (4) The Ohio teacher residency program;6114

       (5) All other requirements for a professional educator 6115
license adopted by the state board under section 3319.22 of the 6116
Revised Code.6117

       (G) A person who is assigned to teach in this state as a 6118
participant in the teach for America program or who has completed 6119
two years of teaching in another state as a participant in that 6120
program shall be eligible for a license only under section 6121
3319.227 of the Revised Code and shall not be eligible for a 6122
license under this section.6123

       Sec. 3324.07.  (A) The board of education of each school 6124
district shall develop a plan for the service of gifted students 6125
enrolled in the district that are identified under section 3324.03 6126
of the Revised Code. Services specified in the plan developed by 6127
each board may include such options as the following:6128

       (1) A differentiated curriculum; 6129

       (2) Cluster grouping; 6130

       (3) Mentorships; 6131

       (4) Accelerated course work; 6132

       (5) The post-secondary enrollment optioncollege credit plus6133
program under Chapter 3365. of the Revised Code; 6134

       (6) Advanced placement; 6135

       (7) Honors classes; 6136

       (8) Magnet schools; 6137

       (9) Self-contained classrooms; 6138

       (10) Independent study; 6139

       (11) Other options identified in rules adopted by the 6140
department of education. 6141

       (B) Each board shall file the plan developed under division 6142
(A) of this section with the department of education by December 6143
15, 2000. The department shall review and analyze each plan to 6144
determine if it is adequate and to make funding estimates.6145

       (C) Unless otherwise required by law, rule, or as a condition 6146
for receipt of funds, school boards may implement the plans 6147
developed under division (A) of this section, but shall not be 6148
required to do so until further action by the general assembly or 6149
the state superintendent of public instruction.6150

       Sec. 3324.09. Not later than the thirty-first day of July of 6151
each year, each school district shall submit a report to the 6152
department of education detailing its spending of the funds it 6153
received for the previous fiscal year under division (A)(7) of 6154
section 3317.022 of the Revised Code for the identification of and 6155
services provided to the district's gifted students.6156

       Sec. 3324.11. No rule adopted by the state board of education 6157
pursuant to this chapter, section 3301.07 of the Revised Code, or 6158
any other provision of the Revised Code shall permit a school 6159
district to report that it has provided services to a student 6160
identified as gifted unless those services are paid for by the 6161
district.6162

       Sec. 3326.11. Each science, technology, engineering, and 6163
mathematics school established under this chapter and its 6164
governing body shall comply with sections 9.90, 9.91, 109.65, 6165
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 6166
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 6167
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 6168
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, 6169
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615, 6170
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 6171
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 6172
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 6173
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 6174
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 6175
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 6176
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 6177
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 6178
4123., 4141., and 4167. of the Revised Code as if it were a school 6179
district.6180

       Sec. 3326.36.  The department of education shall reduce the 6181
amounts paid to a science, technology, engineering, and 6182
mathematics school under section 3326.33 of the Revised Code to 6183
reflect payments made to colleges under division (B) of section 6184
3365.07 of the Revised Code or through alternative funding 6185
agreements entered into under rules adopted under section 3365.12 6186
of the Revised Code. A student shall be considered enrolled in the 6187
school for any portion of the school year the student is attending 6188
a college under Chapter 3365. of the Revised Code.6189

       Sec. 3328.24. A college-preparatory boarding school 6190
established under this chapter and its board of trustees shall 6191
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 6192
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter 6193
3365. of the Revised Code as if the school were a school district 6194
and the school's board of trustees were a district board of 6195
education.6196

       Sec. 3331.04.  Whenever an age and schooling certificate is 6197
applied for by a child over sixteen years of age who is unable to 6198
pass a test for the completion of the work of the seventh grade 6199
and who is not so below the normal in mental development that the 6200
child cannot profit from further schoolingparticipating in a 6201
program that, upon successful completion of instruction, will 6202
result in the child receiving an industry-recognized credential, a 6203
journeyman certification as recognized by the United States 6204
department of labor, or full-time employment, an age and schooling 6205
certificate may be issued by the superintendent of schools to such 6206
child upon proof acceptable to such superintendent of the 6207
following facts and upon agreement to the respective conditions 6208
made in writing by the child and by the parents, guardian, or 6209
custodian in charge of such child:6210

       (A) That the child is addicted to no habit which is likely to 6211
detract from the child's reliability or effectiveness as a worker, 6212
or proper use of the child's earnings or leisure, or the 6213
probability of the child's faithfully carrying out the conditions 6214
to which the child agrees as specified in division (B) of this 6215
section, and in addition any one of the following groups of facts:6216

       (1) That the child has been a resident of the school district 6217
for the last two years, has diligently attended upon instruction 6218
at school for the last two years, and is able to read, write, and 6219
perform the fundamental operations of arithmetic. These abilities 6220
shall be judged by the superintendent.6221

       (2) That the child having been a resident of the school 6222
district less than two years, diligently attended upon instruction 6223
in school in the district in which the child was a resident next 6224
preceding the child's residence in the present district for the 6225
last school year preceding the child's removal toresidence in the 6226
present district, and has diligently attended upon instruction in6227
the schools of the present district for the period that the child 6228
has been a resident thereof;6229

       (3) That the child has removed toresided in the present 6230
school district since the beginning of the last annual school 6231
session, and that instruction adapted to the child's needs is not 6232
provided in the regular day schools in the district;6233

       (4) That the child is not sufficiently familiar with the 6234
English language to be properly instructed in the full-time day 6235
schools of the district;6236

       (5) That conditions are such that the child must provide for 6237
the child's own support or the support of the child's own child or 6238
that the child is needed for the support or care of parents or for 6239
the support or care of brothers or sisters for whom the parents 6240
are unable to provide and that the child is desirous of working 6241
for the support or care of self or of the child's own child or of 6242
such parents or siblings and that such child cannot render such 6243
needed support or care by a reasonable effort outside of school 6244
hours; but no age and schooling certificate shall be granted to a 6245
child of this group upon proof of such facts without written 6246
consent given to the superintendent by the juvenile judge and by 6247
the department of job and family services.6248

       (B)(1) In case the certificate is granted under division 6249
(A)(1), (2), (3), or (5) of this section, that until reaching the 6250
age of eighteen years the child will diligently attend in addition 6251
to part-time classes, such evening classes as will add to the 6252
child's education for literacy, citizenship, or vocational 6253
preparation which may be made available to the child in the school 6254
district and which the child may be directed to attend by the 6255
superintendent, or in case no such classes are available, that the 6256
child will pursue such reading and study and report monthly 6257
thereon as may be directed by the superintendent;6258

       (2) In case the certificate is granted under division (A)(4) 6259
of this section, that until the age of eighteen years the child 6260
will attend in addition to part-time classes, such evening classes 6261
as will assist the child to learn the English language or advance 6262
in Americanization which may be made available to the child in the 6263
school district and which the child may be directed to attend by 6264
the superintendent.6265

       Sec. 3333.041.  (A) On or before the last day of December of 6266
each year, the chancellor of the Ohio board of regents shall 6267
submit to the governor and, in accordance with section 101.68 of 6268
the Revised Code, the general assembly a report or reports 6269
concerning all of the following:6270

       (1) The status of graduates of Ohio school districts at state 6271
institutions of higher education during the twelve-month period 6272
ending on the thirtieth day of September of the current calendar 6273
year. The report shall list, by school district, the number of 6274
graduates of each school district who attended a state institution 6275
of higher education and the percentage of each district's 6276
graduates enrolled in a state institution of higher education 6277
during the reporting period who were required during such period 6278
by the college or university, as a prerequisite to enrolling in 6279
those courses generally required for first-year students, to 6280
enroll in a remedial course in English, including composition or 6281
reading, mathematics, and any other area designated by the 6282
chancellor. The chancellor also shall make the information 6283
described in division (A)(1) of this section available to the 6284
board of education of each city, exempted village, and local 6285
school district.6286

       Each state institution of higher education shall, by the 6287
first day of November of each year, submit to the chancellor in 6288
the form specified by the chancellor the information the 6289
chancellor requires to compile the report.6290

       (2) Aggregate academic growth data for students assigned to 6291
graduates of teacher preparation programs approved under section 6292
3333.048 of the Revised Code who teach English language arts or 6293
mathematics in any of grades four to eight in a public school in 6294
Ohio. For this purpose, the chancellor shall use the value-added 6295
progress dimension prescribed by section 3302.021 of the Revised 6296
Code or the alternative student academic progress measure if 6297
adopted under division (C)(1)(e) of section 3302.03 of the Revised 6298
Code. The chancellor shall aggregate the data by graduating class 6299
for each approved teacher preparation program, except that if a 6300
particular class has ten or fewer graduates to which this section 6301
applies, the chancellor shall report the data for a group of 6302
classes over a three-year period. In no case shall the report 6303
identify any individual graduate. The department of education 6304
shall share any data necessary for the report with the chancellor.6305

       (3) The following information with respect to the Ohio 6306
tuition trust authority:6307

       (a) The name of each investment manager that is a minority 6308
business enterprise or a women's business enterprise with which 6309
the chancellor contracts;6310

       (b) The amount of assets managed by investment managers that 6311
are minority business enterprises or women's business enterprises, 6312
expressed as a percentage of assets managed by investment managers 6313
with which the chancellor has contracted;6314

       (c) Efforts by the chancellor to increase utilization of 6315
investment managers that are minority business enterprises or 6316
women's business enterprises.6317

       (4) A description of dual enrollmentadvanced standing6318
programs, as defined in section 3313.6013 of the Revised Code, 6319
that are offered by school districts, community schools 6320
established under Chapter 3314. of the Revised Code, STEM schools 6321
established under Chapter 3326. of the Revised Code, 6322
college-preparatory boarding schools established under Chapter 6323
3328. of the Revised Code, and chartered nonpublic high schools. 6324
The chancellor also shall post the information on the chancellor's 6325
web site.6326

        (5) The chancellor's strategy in assigning choose Ohio first 6327
scholarships, as established under section 3333.61 of the Revised 6328
Code, among state universities and colleges and how the actual 6329
awards fit that strategy.6330

        (6) The academic and economic impact of the Ohio 6331
co-op/internship program established under section 3333.72 of the 6332
Revised Code. At a minimum, the report shall include the 6333
following:6334

        (a) Progress and performance metrics for each initiative that 6335
received an award in the previous fiscal year;6336

        (b) Economic indicators of the impact of each initiative, and 6337
all initiatives as a whole, on the regional economies and the 6338
statewide economy;6339

        (c) The chancellor's strategy in allocating awards among 6340
state institutions of higher education and how the actual awards 6341
fit that strategy.6342

       (B) As used in this section:6343

       (1) "Minority business enterprise" has the same meaning as in 6344
section 122.71 of the Revised Code.6345

       (2) "State institution of higher education" and "state 6346
university" have the same meanings as in section 3345.011 of the 6347
Revised Code.6348

       (3) "State university or college" has the same meaning as in 6349
section 3345.12 of the Revised Code.6350

        (4) "Women's business enterprise" means a business, or a 6351
partnership, corporation, limited liability company, or joint 6352
venture of any kind, that is owned and controlled by women who are 6353
United States citizens and residents of this state.6354

       Sec. 3333.35.  The state board of education and the 6355
chancellor of the Ohio board of regents shall strive to reduce 6356
unnecessary student remediation costs incurred by colleges and 6357
universities in this state, increase overall access for students 6358
to higher education, enhance the post-secondary enrollment options6359
college credit plus program in accordance with Chapter 3365. of 6360
the Revised Code, and enhance the alternative resident educator 6361
licensure program in accordance with section 3319.26 of the 6362
Revised Code.6363

       Sec. 3333.43.  This section does not apply to any 6364
baccalaureate degree program that is a cooperative education 6365
program, as defined in section 3333.71 of the Revised Code.6366

       (A) The chancellor of the Ohio board of regents shall require 6367
all state institutions of higher education that offer 6368
baccalaureate degrees, as a condition of reauthorization for 6369
certification of each baccalaureate program offered by the 6370
institution, to submit a statement describing how each major for 6371
which the school offers a baccalaureate degree may be completed 6372
within three academic years. The chronology of the statement shall 6373
begin with the fall semester of a student's first year of the 6374
baccalaureate program.6375

       (B) The statement required under this section may include, 6376
but not be limited to, any of the following methods to contribute 6377
to earning a baccalaureate degree in three years:6378

       (1) Advanced placement credit;6379

       (2) International baccalaureate program credit;6380

       (3) A waiver of degree and credit-hour requirements by 6381
completion of courses that are widely available at community 6382
colleges in the state or through online programs offered by state 6383
institutions of higher education or private nonprofit institutions 6384
of higher education holding certificates of authorization under 6385
Chapter 1713. of the Revised Code, and through courses taken by 6386
the student through the post-secondary enrollment optionscollege 6387
credit plus program under Chapter 3365. of the Revised Code;6388

       (4) Completion of coursework during summer sessions;6389

       (5) A waiver of foreign-language degree requirements based on 6390
a proficiency examination specified by the institution.6391

       (C)(1) Not later than October 15, 2012, each state 6392
institution of higher education shall provide statements required 6393
under this section for ten per cent of all baccalaureate degree 6394
programs offered by the institution.6395

       (2) Not later than June 30, 2014, each state institution of 6396
higher education shall provide statements required under this 6397
section for sixty per cent of all baccalaureate degree programs 6398
offered by the institution.6399

       (D) Each state institution of higher education required to 6400
submit statements under this section shall post its three-year 6401
option on its web site and also provide that information to the 6402
department of education. The department shall distribute that 6403
information to the superintendent, high school principal, and 6404
guidance counselor, or equivalents, of each school district, 6405
community school established under Chapter 3314. of the Revised 6406
Code, and STEM school established under Chapter 3326. of the 6407
Revised Code.6408

       (E) Nothing in this section requires an institution to take 6409
any action that would violate the requirements of any independent 6410
association accrediting baccalaureate degree programs.6411

       Sec. 3333.86.  The chancellor of the Ohio board of regents 6412
may determine the manner in which a course included in the 6413
clearinghouse may be offered as a dual enrollmentan advanced 6414
standing program as defined in section 3313.6013 of the Revised 6415
Code, may be offered to students who are enrolled in nonpublic 6416
schools or are instructed at home pursuant to section 3321.04 of 6417
the Revised Code, or may be offered at times outside the normal 6418
school day or school week, including any necessary additional fees 6419
and methods of payment for a course so offered.6420

       Sec. 3345.06.  (A) Subject to divisions (B) and (C) of this 6421
section, a graduate of the twelfth grade shall be entitled to 6422
admission without examination to any college or university which 6423
is supported wholly or in part by the state, but for unconditional 6424
admission may be required to complete such units not included in 6425
the graduate's high school course as may be prescribed, not less 6426
than two years prior to the graduate's entrance, by the faculty of 6427
the institution.6428

       (B) Beginning with the 2014-2015 academic year, each state 6429
university listed in section 3345.011 of the Revised Code, except 6430
for Central state university, Shawnee state university, and 6431
Youngstown state university, shall permit a resident of this state 6432
who entered ninth grade for the first time on or after July 1, 6433
2010, to begin undergraduate coursework at the university only if 6434
the person has successfully completed the Ohio core curriculum for 6435
high school graduation prescribed in division (C) of section 6436
3313.603 of the Revised Code, unless one of the following applies:6437

       (1) The person has earned at least ten semester hours, or the 6438
equivalent, at a community college, state community college, 6439
university branch, technical college, or another post-secondary 6440
institution except a state university to which division (B) of 6441
this section applies, in courses that are college-credit-bearing 6442
and may be applied toward the requirements for a degree. The 6443
university shall grant credit for successful completion of those 6444
courses pursuant to any applicable articulation and transfer 6445
policy of the Ohio board of regents or any agreements the 6446
university has entered into in accordance with policies and 6447
procedures adopted under section 3333.16, 3313.1613333.161, or 6448
3333.162 of the Revised Code. The university may count college 6449
credit that the student earned while in high school through the 6450
post-secondary enrollment optionscollege credit plus program 6451
under Chapter 3365. of the Revised Code, or through other dual 6452
enrollmentadvanced standing programs, toward the requirements of 6453
division (B)(1) of this section if the credit may be applied 6454
toward a degree.6455

       (2) The person qualified to graduate from high school under 6456
division (D) or (F) of section 3313.603 of the Revised Code and 6457
has successfully completed the topics or courses that the person 6458
lacked to graduate under division (C) of that section at any 6459
post-secondary institution or at a summer program at the state 6460
university. A state university may admit a person for enrollment 6461
contingent upon completion of such topics or courses or summer 6462
program.6463

       (3) The person met the high school graduation requirements by 6464
successfully completing the person's individualized education 6465
program developed under section 3323.08 of the Revised Code.6466

       (4) The person is receiving or has completed the final year 6467
of instruction at home as authorized under section 3321.04 of the 6468
Revised Code, or has graduated from a nonchartered, nonpublic 6469
school in Ohio, and demonstrates mastery of the academic content 6470
and skills in reading, writing, and mathematics needed to 6471
successfully complete introductory level coursework at an 6472
institution of higher education and to avoid remedial coursework.6473

       (5) The person is a high school student participating in the 6474
post-secondary enrollment optionscollege credit plus program 6475
under Chapter 3365. of the Revised Code or another dual enrollment6476
advanced standing program.6477

       (C) A state university subject to division (B) of this 6478
section may delay admission for or admit conditionally an 6479
undergraduate student who has successfully completed the Ohio core 6480
curriculum if the university determines the student requires 6481
academic remedial or developmental coursework. The university may 6482
delay admission pending, or make admission conditional upon, the 6483
student's successful completion of the academic remedial or 6484
developmental coursework at a university branch, community 6485
college, state community college, or technical college.6486

       (D)(1) For the purposes of admission to the institution, each 6487
state institution of higher education, as defined in section 6488
3345.011 of the Revised Code, shall accept a sworn affidavit 6489
verifying the successful completion of a student's high school 6490
curriculum from either of the following:6491

       (a) If the student was enrolled in a chartered nonpublic 6492
school, the chief administrator of that school;6493

       (b) If the student was excused from attendance at school for 6494
the purpose of home instruction under section 3321.04 of the 6495
Revised Code, the student's parent or guardian.6496

       Notwithstanding anything in the Revised Code to the contrary, 6497
the affidavit shall fulfill any admission criteria requiring proof 6498
of the successful completion of that student's applicable high 6499
school curriculum.6500

       (2) For the purposes of admission to a state institution of 6501
higher education, no institution shall discriminate against any 6502
student to which division (D) of this section applies solely on 6503
the manner in which the student received instruction in order to 6504
successfully fulfill the high school curriculum applicable to that 6505
student. 6506

       (E) This section does not deny the right of a college of law, 6507
medicine, or other specialized education to require college 6508
training for admission, or the right of a department of music or 6509
other art to require particular preliminary training or talent.6510

       Sec. 3365.01. As used in this chapter:6511

       (A) "Articulated credit" means post-secondary credit that is 6512
reflected on the official record of a student at an institution of 6513
higher education only upon enrollment at that institution after 6514
graduation from a secondary school.6515

       (B) "Default ceiling amount" means one of the following 6516
amounts, whichever is applicable:6517

       (1) For a participant enrolled in a college operating on a 6518
semester schedule, the amount calculated according to the 6519
following formula:6520



((0.83 X formula amount) / 30)
6522

X number of enrolled credit hours
6523

       (2) For a participant enrolled in a college operating on a 6524
quarter schedule, the amount calculated according to the following 6525
formula:6526



((0.83 X formula amount) / 45)
6528

X number of enrolled credit hours
6529

       (C) "Default floor amount" means twenty-five per cent of the 6530
default ceiling amount.6531

       (D) "Eligible out-of-state college" means any institution of 6532
higher education that is located outside of Ohio and is approved 6533
by the chancellor of the Ohio board of regents to participate in 6534
the college credit plus program.6535

        (E) "Fee" means any course-related fee and any other fee 6536
imposed by the college, but not included in tuition, for 6537
participation in the program established by this chapter.6538

       (F) "Formula amount" has the same meaning as in section 6539
3317.02 of the Revised Code.6540

       (G) "Governing entity" means a board of education of a school 6541
district, a governing authority of a community school established 6542
under Chapter 3314., a governing body of a STEM school established 6543
under Chapter 3326., or a board of trustees of a 6544
college-preparatory boarding school established under Chapter 6545
3328. of the Revised Code.6546

       (H) "Home-instructed participant" means a student who has 6547
been excused from the compulsory attendance law for the purpose of 6548
home instruction under section 3321.04 of the Revised Code, and is 6549
participating in the program established by this chapter.6550

       (I) "Maximum per participant charge amount" means one of the 6551
following amounts, whichever is applicable:6552

       (1) For a participant enrolled in a college operating on a 6553
semester schedule, the amount calculated according to the 6554
following formula:6555

((formula amount / 30)
6556

X number of enrolled credit hours)
6557

- default ceiling amount
6558

       (2) For a participant enrolled in a college operating on a 6559
quarter schedule, the amount calculated according to the following 6560
formula:6561

((formula amount / 45)
6562

X number of enrolled credit hours)
6563

– default ceiling amount
6564

       (J) "Nonpublic secondary school" means a chartered or 6565
nonchartered school for which minimum standards are prescribed by 6566
the state board of education pursuant to division (D) of section 6567
3301.07 of the Revised Code.6568

       (K) "Number of enrolled credit hours" means the number of 6569
credit hours for a course in which a participant is enrolled 6570
during the previous term after the date on which a withdrawal from 6571
a course would have negatively affected the participant's 6572
transcripted grade, as prescribed by the college's established 6573
withdrawal policy.6574

       (L) "Parent" has the same meaning as in section 3313.64 of 6575
the Revised Code.6576

       (M) "Participant" means any student enrolled in a college 6577
under the program established by this chapter.6578

       (N) "Partnering college" means a college with which a public 6579
or nonpublic secondary school has entered into an agreement in 6580
order to offer the program established by this chapter.6581

       (O) "Partnering secondary school" means a public or nonpublic 6582
secondary school with which a college has entered into an 6583
agreement in order to offer the program established by this 6584
chapter.6585

       (P) "Private college" means any of the following:6586

       (1) A nonprofit institution holding a certificate of 6587
authorization pursuant to Chapter 1713. of the Revised Code;6588

       (2) An institution holding a certificate of registration from 6589
the state board of career colleges and schools and program 6590
authorization for an associate or bachelor's degree program issued 6591
under section 3332.05 of the Revised Code;6592

       (3) A private institution exempt from regulation under 6593
Chapter 3332. of the Revised Code as prescribed in section 6594
3333.046 of the Revised Code.6595

       (Q) "Public college" means a "state institution of higher 6596
education" in section 3345.011 of the Revised Code, excluding the 6597
northeast Ohio medical university.6598

       (R) "Public secondary school" means a school serving grades 6599
nine through twelve in a city, local, or exempted village school 6600
district, a joint vocational school district, a community school 6601
established under Chapter 3314., a STEM school established under 6602
Chapter 3326., or a college-preparatory boarding school 6603
established under Chapter 3328. of the Revised Code.6604

       (S) "School year" has the same meaning as in section 3313.62 6605
of the Revised Code.6606

       (T) "Secondary grade" means any of grades nine through 6607
twelve.6608

       (U) "Transcripted credit" means post-secondary credit that is 6609
conferred by an institution of higher education and is reflected 6610
on a student's official record at that institution upon completion 6611
of a course.6612

       Sec. 3365.02. (A) There is hereby established the college 6613
credit plus program under which, beginning with the 2015-2016 6614
school year, a secondary grade student who is a resident of this 6615
state may enroll at a college, on a full- or part-time basis, and 6616
complete nonsectarian, nonremedial courses for high school and 6617
college credit. The program shall govern arrangements in which a 6618
secondary grade student enrolls in a college and, upon successful 6619
completion of coursework taken under the program, receives 6620
transcripted credit from the college, except for any of the 6621
following:6622

       (1) An agreement governing an early college high school 6623
program that meets any of the exemption criteria under division 6624
(E) of section 3313.6013 of the Revised Code;6625

       (2) An advanced placement course or international 6626
baccalaureate diploma course, as described in divisions (A)(2) and 6627
(3) of section 3313.6013 of the Revised Code;6628

       (3) Until July 1, 2016, a career-technical education program 6629
that is approved by the department of education under section 6630
3317.161 of the Revised Code and grants articulated credit to 6631
students participating in that program.6632

       (B) Any student enrolled in a public or nonpublic secondary 6633
school in the student's ninth, tenth, eleventh, or twelfth grade 6634
and any student who has been excused from the compulsory 6635
attendance law for the purpose of home instruction under section 6636
3321.04 of the Revised Code and is the equivalent of a ninth, 6637
tenth, eleventh, or twelfth grade student, may participate in the 6638
program, if the student meets the applicable eligibility criteria 6639
in section 3365.03 of the Revised Code.6640

       (C) All public secondary schools and all public colleges 6641
shall participate in the program and are subject to the 6642
requirements of this chapter. Any nonpublic secondary school or 6643
private college that chooses to participate in the program shall 6644
also be subject to the requirements of this chapter.6645

       (D) The state board of education, in accordance with Chapter 6646
119. of the Revised Code and in consultation with the chancellor 6647
of the Ohio board of regents, shall adopt rules governing the 6648
program.6649

       Sec. 3365.03. (A) A student enrolled in a public or nonpublic 6650
secondary school during the student's ninth, tenth, eleventh, or 6651
twelfth grade school year or a student who has been excused from 6652
the compulsory attendance law for the purpose of home instruction 6653
under section 3321.04 of the Revised Code and is the equivalent of 6654
a ninth, tenth, eleventh, or twelfth grade student, may apply to 6655
and enroll in a college under the college credit plus program.6656

       (1) In order for a public secondary school student to 6657
participate in the program, all of the following criteria shall be 6658
met:6659

       (a) The student or the student's parent shall inform the 6660
principal, or equivalent, of the student's school by the first day 6661
of April of the student's intent to participate in the program 6662
during the following school year. Any student who fails to provide 6663
the notification by the required date may not participate in the 6664
program during the following school year without the written 6665
consent of the principal, or equivalent. If a student seeks 6666
consent from the principal after failing to provide notification 6667
by the required date, the principal shall notify the department of 6668
education of the student's intent to participate within ten days 6669
of the date on which the student seeks consent. If the principal 6670
does not provide written consent, the student may appeal the 6671
principal's decision to the state board of education. Not later 6672
than thirty days after the notification of the appeal, the state 6673
board shall hear the appeal and shall make a decision to either 6674
grant or deny that student's participation in the program.6675

       (b) The student shall both:6676

       (i) Apply to a public or a participating private college, or 6677
an eligible out-of-state college participating in the program, in 6678
accordance with the college's established procedures for 6679
admission, pursuant to section 3365.05 of the Revised Code;6680

       (ii) Meet the college's established standards for admission 6681
and for course placement, including course-specific capacity 6682
limitations, pursuant to section 3365.05 of the Revised Code.6683

       (c) The student shall elect at the time of enrollment to 6684
participate under either division (A) or (B) of section 3365.06 of 6685
the Revised Code for each course under the program.6686

       (d) The student and the student's parent shall sign a form, 6687
provided by the school, stating that they have received the 6688
counseling required under division (B) of section 3365.04 of the 6689
Revised Code and that they understand the responsibilities they 6690
must assume in the program.6691

       (2) In order for a nonpublic secondary school or 6692
home-instructed student to participate in the program, both of the 6693
following criteria shall be met:6694

       (a) The student shall meet the criteria in divisions 6695
(A)(1)(b) and (c) of this section.6696

       (b)(i) If the student is enrolled in a nonpublic secondary 6697
school, that student shall send to the department of education a 6698
copy of the student's acceptance from a college and an 6699
application. The application shall be made on forms provided by 6700
the state board of education and shall include information about 6701
the student's proposed participation, including the school year in 6702
which the student wishes to participate; the semesters or terms 6703
the student wishes to enroll during such year; the student's 6704
expected full-time equivalency percentage for each such semester 6705
or term; and the percentage of the school day each such semester 6706
or term that the student expects to be enrolled in programs 6707
provided by a college under division (B) of section 3365.06 of the 6708
Revised Code. The department shall mark each application with the 6709
date and time of receipt.6710

       (ii) If the student is home-instructed, the parent or 6711
guardian of that student shall notify the department by the first 6712
day of April prior to the school year in which the student wishes 6713
to participate.6714

       (B) Except as provided for in division (C) of this section 6715
and in sections 3365.031 and 3365.032 of the Revised Code:6716

       (1) No public secondary school shall prohibit a student 6717
enrolled in that school from participating in the program if that 6718
student meets all of the criteria in division (A)(1) of this 6719
section.6720

       (2) No participating nonpublic secondary school shall 6721
prohibit a student enrolled in that school from participating in 6722
the program if the student meets all of the criteria in division 6723
(A)(2) of this section and, if the student is enrolled under 6724
division (B) of section 3365.06 of the Revised Code, the student 6725
is awarded funding from the department in accordance with rules 6726
adopted by the state board, in consultation with the chancellor, 6727
pursuant to section 3365.071 of the Revised Code.6728

       (C) For purposes of this section, during the period of an 6729
expulsion imposed by a public secondary school, a student is 6730
ineligible to apply to enroll in a college under this section, 6731
unless the student is admitted to another public secondary or 6732
participating nonpublic secondary school. If a student is enrolled 6733
in a college under this section at the time the student is 6734
expelled, the student's status for the remainder of the college 6735
term in which the expulsion is imposed shall be determined under 6736
section 3365.032 of the Revised Code.6737

       (D) Upon a student's graduation from high school, 6738
participation in the college credit plus program shall not affect 6739
the student's eligibility at any public college for scholarships 6740
or for other benefits or opportunities that are available to 6741
first-time college students and are awarded by that college, 6742
regardless of the number of credit hours that the student 6743
completed under the program. 6744

       Sec. 3365.06.        Sec. 3365.031.  (A) A student in grade nine may not 6745
enroll in courses under this chapter for which the student elects 6746
under division (B) of section 3365.043365.06 of the Revised Code 6747
to receive credit toward high school graduation for more than the 6748
equivalent of four academic school years. A student enrolling in 6749
courses under this chapter may not enroll in courses in which the 6750
student elects to receive credit toward high school graduation for 6751
more than the equivalent of:6752

       (1) Three academic school years, if the student so enrolls 6753
for the first time in grade ten;6754

       (2) Two academic school years, if the student so enrolls for 6755
the first time in grade eleven;6756

       (3) One academic school year, if the student so enrolls for 6757
the first time in grade twelve. 6758

       These(B) The restrictions prescribed in division (A) of this 6759
section shall be reduced proportionately for any such student who 6760
enrolls in the program during the course of a school year in 6761
accordance with rules adopted under section 3365.02 of the Revised 6762
Code.6763

       (B) In considering the admission of any secondary student, a 6764
college shall give priority to its other students regarding 6765
enrollment in courses. However, once a student has been accepted 6766
in a course as a participant, the institution shall not displace 6767
the participant for another student.6768

       Sec. 3365.041.        Sec. 3365.032.  (A) When a school district 6769
superintendent, the governing authority of a community school, or 6770
the chief administrative officer of a STEMpublic secondary school 6771
expels a student under division (B) of section 3313.66 of the 6772
Revised Code or, for a college-preparatory boarding school 6773
established under Chapter 3328. of the Revised Code, in accordance 6774
with the school's bylaws adopted pursuant to section 3328.13 of 6775
the Revised Code, the district superintendent, governing 6776
authority, or chief administrative officeror equivalent, shall 6777
send a written notice of the expulsion to any college in which the 6778
expelled student is enrolled under section 3365.03 of the Revised 6779
Code at the time the expulsion is imposed. The notice shall 6780
indicate the date the expulsion is scheduled to expire. The notice 6781
also shall indicate whether the district board of education, 6782
community school governing authority, or the STEM school has 6783
adopted a policy under section 3313.613 of the Revised Code or, 6784
for a college-preparatory boarding school, in accordance with the 6785
school's bylaws adopted pursuant to section 3328.13 of the Revised 6786
Code to deny high school credit for post-secondary courses taken 6787
under the college credit plus program during an expulsion. If the 6788
expulsion is extended under division (F) of section 3313.66 of the 6789
Revised Code or, for a college-preparatory boarding school, in 6790
accordance with the school's bylaws adopted pursuant to section 6791
3328.13 of the Revised Code, the district superintendent, 6792
community school governing authority, or STEM school chief 6793
administrative officeror equivalent, shall notify the college of 6794
the extension.6795

       (B) A college may withdraw its acceptance under section 6796
3365.03 of the Revised Code of a student who is expelled from 6797
school under division (B) of section 3313.66 of the Revised Code 6798
or, for a college-preparatory boarding school, in accordance with 6799
the school's bylaws adopted pursuant to section 3328.13 of the 6800
Revised Code. As provided in section 3365.03 of the Revised Code, 6801
regardless of whether the college withdraws its acceptance of the 6802
student for the college term in which the student is expelled, the 6803
student is ineligible to enroll in a college under that section 6804
for subsequent college terms during the period of the expulsion, 6805
unless the student enrolls in another public school district or 6806
community school, or a participating nonpublic school during that 6807
period.6808

       If a college withdraws its acceptance of an expelled student 6809
who elected either option of division (A)(1) or (2) of section 6810
3365.043365.06 of the Revised Code, the college shall refund 6811
tuition and fees paid by the student in the same proportion that 6812
it refunds tuition and fees to students who voluntarily withdraw 6813
from the college at the same time in the term.6814

       If a college withdraws its acceptance of an expelled student 6815
who elected the option of division (B) of section 3365.043365.066816
of the Revised Code, the public school district, community school, 6817
or STEM school shall not award high school credit for the college 6818
courses in which the student was enrolled at the time the college 6819
withdrew its acceptance, and any reimbursement under section 6820
3365.07 of the Revised Code or through alternative funding 6821
agreements entered into under rules adopted under section 3365.12 6822
of the Revised Code for the student's attendance prior to the 6823
withdrawal shall be the same as would be paid for a student who 6824
voluntarily withdrew from the college at the same time in the 6825
term. If the withdrawal results in the college's receiving no 6826
reimbursement, the college or secondary school may require the 6827
student to return or pay for theany textbooks and materials it 6828
provided the student free of charge under section 3365.08 of the 6829
Revised Code.6830

       (C) When a student who elected the option of division (B) of 6831
section 3365.043365.06 of the Revised Code is expelled under 6832
division (B) of section 3313.66 of the Revised Code or, for a 6833
college-preparatory boarding school, in accordance with the 6834
school's bylaws adopted pursuant to section 3328.13 of the Revised 6835
Code from a public school district, community school, or STEM 6836
school that has adopted a policy under section 3313.613 of the 6837
Revised Code or, for a college-preparatory boarding school, in 6838
accordance with the school's bylaws adopted pursuant to section 6839
3328.13 of the Revised Code to deny high school credit for courses 6840
taken under the college credit plus program during an expulsion, 6841
that election is automatically revoked for all college courses in 6842
which the student is enrolled during the college term in which the 6843
expulsion is imposed. Any reimbursement under section 3365.07 of 6844
the Revised Code or through alternative funding agreements entered 6845
into under rules adopted under section 3365.12 of the Revised Code6846
for the student's attendance prior to the expulsion shall be the 6847
same as would be paid for a student who voluntarily withdrew from 6848
the college at the same time in the term. If the revocation 6849
results in the college's receiving no reimbursement, the college 6850
or secondary school may require the student to return or pay for 6851
theany textbooks and materials it provided the student free of 6852
charge under section 3365.08 of the Revised Code.6853

       NoNot later than five days after receiving an expulsion 6854
notice from the superintendent of a district, the governing 6855
authority of a community school, or the chief administrative 6856
officer of a STEM, or equivalent, of a public school that has 6857
adopted a policy under section 3313.613 of the Revised Code or, 6858
for a college-preparatory boarding school, in accordance with the 6859
school's bylaws adopted pursuant to section 3328.13 of the Revised 6860
Code, the college shall send a written notice to the expelled 6861
student that the student's election of division (B) of section 6862
3365.043365.06 of the Revised Code is revoked. If the college 6863
elects not to withdraw its acceptance of the student, the student 6864
shall pay all applicable tuition and fees for the college courses 6865
and shall pay for theany textbooks and materials that the college 6866
or secondary school provided under section 3365.08 of the Revised 6867
Codeto the student.6868

       Sec. 3365.033. (A) Notwithstanding anything to the contrary 6869
in Chapter 3365. of the Revised Code, any student enrolled in a 6870
public or nonpublic secondary school in the student's seventh or 6871
eighth grade and any student who has been excused from the 6872
compulsory attendance law for the purpose of home instruction 6873
under section 3321.04 of the Revised Code and is the equivalent of 6874
a seventh or eighth grade student, may participate in the college 6875
credit plus program, if the student meets the applicable 6876
eligibility criteria required of secondary grade students for 6877
participation. Participants under this section shall be subject to 6878
the same requirements as secondary grade participants under this 6879
chapter.6880

        (B) Participants under this section shall receive high school 6881
and college credit for courses taken under the program, in 6882
accordance with the option elected under section 3365.06 of the 6883
Revised Code. High school credit earned under the program shall be 6884
awarded in the same manner as for secondary grade participants.6885

        (C) If a participant under this section elects to have the 6886
college reimbursed under section 3365.07 of the Revised Code for 6887
courses taken under the program, the department shall reimburse 6888
the college in the same manner as for secondary grade participants 6889
in accordance with that section.6890

       (D) Notwithstanding section 3327.01 of the Revised Code, the 6891
parent or guardian of a participant under this section shall be 6892
responsible for any transportation for the participant related to 6893
participation in the program.6894

       Sec. 3365.04. Each public and participating nonpublic 6895
secondary school shall do all of the following with respect to the 6896
college credit plus program:6897

       (A) Provide information about the program prior to the first 6898
day of March of each year to all students enrolled in grades six 6899
through eleven;6900

       (B) Provide counseling services to students in grades six 6901
through eleven and to their parents before the students 6902
participate in the program under this chapter to ensure that 6903
students and parents are fully aware of the possible consequences 6904
and benefits of participation. Counseling information shall 6905
include:6906

       (1) Program eligibility;6907

       (2) The process for granting academic credits;6908

       (3) Any necessary financial arrangements for tuition, 6909
textbooks, and fees;6910

       (4) Criteria for any transportation aid;6911

       (5) Available support services;6912

       (6) Scheduling;6913

       (7) Communicating the possible consequences and benefits of 6914
participation, including all of the following:6915

       (a) The consequences of failing or not completing a course 6916
under the program, including the effect on the student's ability 6917
to complete the secondary school's graduation requirements;6918

       (b) The effect of the grade attained in a course under the 6919
program being included in the student's grade point average, as 6920
applicable;6921

       (c) The benefits to the student for successfully completing a 6922
course under the program, including the ability to reduce the 6923
overall costs of, and the amount of time required for, a college 6924
education.6925

       (8) The academic and social responsibilities of students and 6926
parents under the program;6927

       (9) Information about and encouragement to use the counseling 6928
services of the college in which the student intends to enroll;6929

       (10) The standard packet of information for the program 6930
developed by the chancellor of the Ohio board of regents pursuant 6931
to section 3365.15 of the Revised Code;6932

       For a participating nonpublic secondary school, counseling 6933
information shall also include an explanation that funding may be 6934
limited and that not all students who wish to participate may be 6935
able to do so.6936

       (C) Promote the program on the school's web site, including 6937
the details of the school's current agreements with partnering 6938
colleges; 6939

       (D) Schedule at least one informational session per school 6940
year to allow each partnering college that is located within 6941
thirty miles of the school to meet with interested students and 6942
parents. The session shall include the benefits and consequences 6943
of participation and shall outline any changes or additions to the 6944
requirements of the program. If there are no partnering colleges 6945
located within thirty miles of the school, the school shall 6946
coordinate with the closest partnering college to offer an 6947
informational session.6948

       (E) Implement a policy for the awarding of grades and the 6949
calculation of class standing for courses taken under division 6950
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy 6951
adopted under this division shall be equivalent to the school's 6952
current policy for courses taken under the advanced standing 6953
programs described in divisions (A)(2) and (3) of section 6954
3313.6013 of the Revised Code. If the current policy includes 6955
awarding a weighted grade or enhancing a student's class standing 6956
for courses taken under these programs, the policy adopted under 6957
this section shall also provide for these procedures to be applied 6958
to courses taken under the college credit plus program. 6959

       (F) Develop model course pathways, pursuant to section 6960
3365.13 of the Revised Code, and publish the course pathways among 6961
the school's official list of course offerings for the program.6962

       (G) Annually collect, report, and track specified data 6963
related to the program according to data reporting guidelines 6964
adopted by the chancellor and the superintendent of public 6965
instruction pursuant to section 3365.15 of the Revised Code.6966

       Sec. 3365.05. Each public and participating private college 6967
shall do all of the following with respect to the college credit 6968
plus program:6969

       (A) Apply established standards and procedures for admission 6970
to the college and for course placement for participants. When 6971
determining admission and course placement, the college shall do 6972
all of the following:6973

       (1) Consider all available student data that may be an 6974
indicator of college readiness, including grade point average and 6975
end-of-course examination scores, if applicable;6976

       (2) Give priority to its current students regarding 6977
enrollment in courses. However, once a participant has been 6978
accepted into a course, the college shall not displace the 6979
participant for another student.6980

       (3) Adhere to any capacity limitations that the college has 6981
established for specified courses.6982

       (B) Send written notice to a participant, the participant's 6983
parent, the participant's secondary school, and the superintendent 6984
of public instruction, not later than fourteen calendar days prior 6985
to the first day of classes for that term, of the participant's 6986
admission to the college and to specified courses under the 6987
program. 6988

       (C) Provide both of the following, not later than twenty-one 6989
calendar days after the first day of classes for that term, to 6990
each participant, participant's secondary school, and the 6991
superintendent of public instruction:6992

       (1) The courses and hours of enrollment of the participant;6993

       (2) The option elected by the participant under division (A) 6994
or (B) of section 3365.06 of the Revised Code for each course.6995

        The college shall also provide to each partnering school a 6996
roster of participants from that school that are enrolled in the 6997
college and a list of course assignments for each participant.6998

       (D) Promote the program on the college's web site, including 6999
the details of the college's current agreements with partnering 7000
secondary schools. 7001

       (E) Coordinate with each partnering secondary school that is 7002
located within thirty miles of the college to present at least one 7003
informational session per school year for interested students and 7004
parents. The session shall include the benefits and consequences 7005
of participation and shall outline any changes or additions to the 7006
requirements of the program. If there are no partnering schools 7007
located within thirty miles of the college, the college shall 7008
coordinate with the closest partnering school to offer an 7009
informational session.7010

       (F) Assign an academic advisor that is employed by the 7011
college to each participant enrolled in that college. Prior to the 7012
date on which a withdrawal from a course would negatively affect a 7013
participant's transcripted grade, as prescribed by the college's 7014
established withdrawal policy, the college shall ensure that the 7015
academic advisor and the participant meet at least once to discuss 7016
the program and the courses in which the participant is enrolled. 7017

       (G) Do both of the following with regard to high school 7018
teachers that are teaching courses for the college at a secondary 7019
school under the program:7020

       (1) Provide at least one professional development session per 7021
school year;7022

       (2) Conduct at least one classroom observation per school 7023
year for each course that is authorized by the college and taught 7024
by a high school teacher to ensure that the course meets the 7025
quality of a college-level course.7026

       (H) Annually collect, report, and track specified data 7027
related to the program according to data reporting guidelines 7028
adopted by the chancellor and the superintendent of public 7029
instruction pursuant to section 3365.15 of the Revised Code.7030

       (I) With the exception of divisions (D) and (E) of this 7031
section, any eligible out-of-state college participating in the 7032
college credit plus program shall be subject to the same 7033
requirements as a participating private college under this 7034
section.7035

       Sec. 3365.04.        Sec. 3365.06.  The rules adopted under section 7036
3365.02 of the Revised Code shall provide for students7037
participants to enroll in courses under either of the following 7038
options:7039

       (A) The studentparticipant may elect at the time of 7040
enrollment to be responsible for payment of all tuition and the 7041
cost of all textbooks, materials, and fees associated with the 7042
course. The college shall notify the studentparticipant about 7043
payment of tuition and fees in the customary manner followed by 7044
the college. A studentparticipant electing this option also shall 7045
elect, at the time of enrollment, whether to receive only college 7046
credit or high school credit and college credit for the course.7047

       (1) The studentparticipant may elect to receive only college 7048
credit for the course. Except as provided in section 3365.0417049
3365.032 of the Revised Code, if the studentparticipant7050
successfully completes the course, the college shall award the 7051
studentparticipant full credit for the course, but the board of 7052
education, community school governing authority, STEMgoverning 7053
entity of a public secondary school, or nonpublicthe governing 7054
body of a participating nonpublic secondary school shall not award 7055
the high school credit.7056

        (2) The studentparticipant may elect to receive both high 7057
school credit and college credit for the course. Except as 7058
provided in section 3365.0413365.032 of the Revised Code, if the 7059
studentparticipant successfully completes the course, the college 7060
shall award the studentparticipant full credit for the course and 7061
the board of education, community school governing authority, STEM7062
governing entity of a public school, or the governing body of a 7063
participating nonpublic school shall award the studentparticipant7064
high school credit.7065

       (B) The studentparticipant may elect at the time of 7066
enrollment for each course to have the college reimbursed under 7067
section 3365.07 of the Revised Code or as provided in alternative 7068
funding agreements entered into under rules adopted under section 7069
3365.12 of the Revised Code. Except as provided in section 7070
3365.0413365.032 of the Revised Code, if the studentparticipant7071
successfully completes the course, the college shall award the 7072
studentparticipant full credit for the course,and the board of 7073
education, community school governing authority, STEMgoverning 7074
entity of a public school, or the governing body of a 7075
participating nonpublic school shall award the studentparticipant7076
high school credit, and the college shall be reimbursed in 7077
accordance with section 3365.07 of the Revised Code or alternative 7078
funding agreements entered into under rules adopted under section 7079
3365.12 of the Revised Code. If the participant elects to have the 7080
college reimbursed under this division, the department shall 7081
reimburse the college for the number of enrolled credit hours in 7082
accordance with section 3365.07 of the Revised Code.7083

       When determining a school district's formula ADMenrollment7084
under section 3317.03 of the Revised Code, the time a participant 7085
is attending courses under division (A) of this section shall be 7086
considered as time the participant is not attending or enrolled in 7087
school anywhere, and the time a participant is attending courses 7088
under division (B) of this section shall be considered as time the 7089
participant is attending or enrolled in the district's schools.7090

       Sec. 3365.07.  The department of education shall calculate 7091
and pay state funds to colleges for participants in the college 7092
credit plus program under division (B) of section 3365.06 of the 7093
Revised Code pursuant to this section. For a nonpublic secondary 7094
school or home-instructed participant, the department shall pay 7095
state funds pursuant to this section only if that participant is 7096
awarded funding according to rules adopted by the state board of 7097
education, in consultation with the chancellor of the Ohio board 7098
of regents, pursuant to section 3365.071 of the Revised Code. The 7099
program shall be the sole mechanism by which state funds are paid 7100
to colleges for students to earn college-level credit while 7101
enrolled in a secondary school, with the exception of the programs 7102
listed in division (A) of section 3365.02 of the Revised Code.7103

       (A) For each public or nonpublic secondary school participant 7104
enrolled in a public college:7105

       (1) If no agreement has been entered into under division 7106
(A)(2) of this section, both of the following shall apply:7107

       (a) The department shall pay to the college the applicable 7108
amount as follows:7109

       (i) For a participant enrolled in a college course delivered 7110
on the college campus, at another location operated by the 7111
college, or online, the default ceiling amount;7112

       (ii) For a participant enrolled in a college course delivered 7113
at the participant's secondary school but taught by college 7114
faculty, fifty per cent of the default ceiling amount;7115

       (iii) For a participant enrolled in a college course 7116
delivered at the participant's secondary school and taught by a 7117
high school teacher who has met the credential requirements 7118
established for purposes of the program in rules adopted by the 7119
chancellor of the Ohio board of regents, the default floor amount.7120

       (b) The participant's secondary school shall pay for 7121
textbooks, and the college shall waive payment of all other fees 7122
related to participation in the program.7123

       (2) The governing entity of a participant's secondary school 7124
and the college may enter into an agreement to establish an 7125
alternative payment structure for tuition, textbooks, and fees. 7126
Under such an agreement, payments for each participant made by the 7127
department may be less than the default floor amount. However, no 7128
payments made by the department under such an agreement shall be 7129
more than the default ceiling amount. If no agreement is entered 7130
into under division (A)(2) of this section, both of the following 7131
shall apply:7132

       (a) The department shall pay to the college the applicable 7133
default amounts prescribed by division (A)(1)(a) of this section, 7134
depending upon the method of delivery and instruction.7135

        (b) In accordance with division (A)(1)(b) of this section, 7136
the participant's secondary school shall pay for textbooks, and 7137
the college shall waive payment of all other fees related to 7138
participation in the program.7139

       (3) No participant that is enrolled in a public college shall 7140
be charged for any tuition, textbooks, or other fees related to 7141
participation in the program.7142

       (B) For each public secondary school participant enrolled in 7143
a private college:7144

       (1) If no agreement has been entered into under division 7145
(B)(2) of this section, the department shall pay to the college 7146
the applicable amount calculated in the same manner as in division 7147
(A)(1)(a) of this section.7148

       (2) The governing entity of a participant's secondary school 7149
and the college may enter into an agreement to establish an 7150
alternative payment structure for tuition, textbooks, and fees. 7151
Under such an agreement, payments may be less than the default 7152
floor amount. However, no payments made by the department under 7153
such an agreement shall be more than the default ceiling amount. 7154
If no agreement is entered into under division (B)(2) of this 7155
section, the department shall pay to the college the applicable 7156
default amounts prescribed by division (A)(1)(a) of this section, 7157
depending upon the method of delivery and instruction.7158

        If an agreement is entered into under this division, the 7159
agreement may include a stipulation permitting the charging of a 7160
participant. A participant may be charged an amount not to exceed 7161
the maximum per participant charge amount. A participant may be 7162
charged only if all of the following conditions are met:7163

       (a) Payments for the participant made by the department to 7164
the college are not less than the default ceiling amount.7165

       (b) The school provides information to the participant on the 7166
no-cost options available under this chapter.7167

       (c) The participant is not identified as economically 7168
disadvantaged according to rules adopted by the department.7169

       (C) For each nonpublic secondary school participant enrolled 7170
in a private or eligible out-of-state college, the department 7171
shall pay to the college the applicable amount calculated in the 7172
same manner as in division (A)(1)(a) of this section. Payment for 7173
costs for the participant that exceed the amount paid by the 7174
department shall be negotiated by the governing body of the 7175
nonpublic secondary school and the college.7176

       However, under no circumstances shall:7177

       (1) The payments for a participant made by the department 7178
under this division exceed the default ceiling amount.7179

       (2) Any nonpublic secondary school participant, who is 7180
enrolled in that secondary school with a scholarship awarded under 7181
either the educational choice scholarship pilot program, as 7182
prescribed by sections 3310.01 to 3310.17, or the pilot project 7183
scholarship program, as prescribed by sections 3313.974 to 7184
3313.979 of the Revised Code, and who qualifies as a low-income 7185
student under either of those programs, be charged for any 7186
tuition, textbooks, or other fees related to participation in the 7187
college credit plus program.7188

       (D) For each home-instructed participant enrolled in a 7189
public, private, or eligible out-of-state college, the department 7190
shall pay to the college the default ceiling amount, if that 7191
participant is enrolled in a college course delivered on the 7192
college campus, at another location operated by the college, or 7193
online.7194

       (E) Not later than thirty days after the end of each term, 7195
each college expecting to receive payment for the costs of a 7196
participant under this section shall notify the department of the 7197
number of enrolled credit hours for each participant.7198

       (F) Each January and July, or as soon as possible thereafter, 7199
the department shall make the applicable payments under this 7200
section to each college, which provided proper notification to the 7201
department under division (E) of this section, for the number of 7202
enrolled credit hours for participants enrolled in the college 7203
under division (B) of section 3365.06 of the Revised Code. The 7204
department shall not make any payments to a college under this 7205
section if a participant withdrew from a course prior to the date 7206
on which a withdrawal from the course would have negatively 7207
affected the participant's transcripted grade, as prescribed by 7208
the college's established withdrawal policy.7209

       (1) Payments made for public secondary school participants 7210
under this section shall be deducted from the school foundation 7211
payments made to the participant's school district or, if the 7212
participant is enrolled in a community school, a STEM school, or a 7213
college-preparatory boarding school, from the payments made to 7214
that school under section 3314.08, 3326.33, or 3328.34 of the 7215
Revised Code. If the participant is enrolled in a joint vocational 7216
school district, a portion of the amount shall be deducted from 7217
the payments to the joint vocational school district and a portion 7218
shall be deducted from the payments to the participant's city, 7219
local, or exempted village school district in accordance with the 7220
full-time equivalency of the student's enrollment in each 7221
district. Amounts deducted under division (F)(1) of this section 7222
shall be calculated in accordance with rules adopted by the state 7223
board of education, pursuant to division (B) of section 3365.071 7224
of the Revised Code.7225

       (2) Payments made for nonpublic secondary school and 7226
home-instructed participants under this section shall be deducted 7227
from moneys appropriated by the general assembly for such purpose. 7228
Payments shall be allocated and distributed in accordance with 7229
rules adopted by the state board, in consultation with the 7230
chancellor of the Ohio board of regents, pursuant to division (A) 7231
of section 3365.071 of the Revised Code.7232

       (G) Any public college that enrolls a student under division 7233
(B) of section 3365.06 of the Revised Code may include that 7234
student in the calculation used to determine its state share of 7235
instruction funds appropriated to the Ohio board of regents by the 7236
general assembly.7237

       Sec. 3365.071.  (A) The state board of education, in 7238
accordance with Chapter 119. of the Revised Code and in 7239
consultation with the chancellor of the Ohio board of regents, 7240
shall adopt rules prescribing a method to allocate and distribute 7241
payments under section 3365.07 of the Revised Code for nonpublic 7242
secondary school and home-instructed participants.7243

       (B) The state board shall also adopt rules establishing a 7244
method to calculate the amounts deducted from a joint vocational 7245
school district and from a participant's city, local, or exempted 7246
village school district for payments under section 3365.07 of the 7247
Revised Code.7248

       Sec. 3365.08.  (A) A college that expects to receive or 7249
receives reimbursement under section 3365.07 of the Revised Code 7250
or through alternative funding agreements entered into under rules 7251
adopted under section 3365.12 of the Revised Code shall furnish to 7252
a participant all textbooks and materials directly related to a 7253
course taken by the participant under division (B) of section 7254
3365.04 of the Revised Code. No college shall charge such 7255
participant for tuition, textbooks, materials, or other fees 7256
directly related to any such course.7257

       (B) No studentparticipant enrolled under this chapter in a 7258
course for which credit toward high school graduation is awarded 7259
shall receive direct financial aid through any state or federal 7260
program.7261

       (C)(B) If a school district provides transportation for 7262
resident school students in grades eleven and twelve under section 7263
3327.01 of the Revised Code, a parent of a pupilparticipant7264
enrolled in a course under division (A)(2) or (B) of section 7265
3365.043365.06 of the Revised Code may apply to the board of 7266
education for full or partial reimbursement for the necessary 7267
costs of transporting the studentparticipant between the 7268
secondary school the studentparticipant attends and the college 7269
in which the studentparticipant is enrolled. Reimbursement may be 7270
paid solely from funds received by the district for pupilstudent7271
transportation under section 3317.0212 of the Revised Code or 7272
other provisions of law. The state board of education shall 7273
establish guidelines, based on financial need, under which a 7274
district may provide such reimbursement.7275

       (D)(C) If a community school provides or arranges 7276
transportation for its pupilsstudents in grades nine through 7277
twelve under section 3314.091 of the Revised Code, a parent of a 7278
pupilparticipant of the community school who is enrolled in a 7279
course under division (A)(2) or (B) of section 3365.043365.06 of 7280
the Revised Code may apply to the governing authority of the 7281
community school for full or partial reimbursement of the 7282
necessary costs of transporting the studentparticipant between 7283
the community school and the college. The governing authority may 7284
pay the reimbursement in accordance with the state board's rules 7285
adopted under division (C)(B) of this section solely from funds 7286
paid to it under section 3314.091 of the Revised Code.7287

       Sec. 3365.11.        Sec. 3365.09. (A) IfExcept as provided for in 7288
division (C) of this section, if the superintendent of the school 7289
district or the chief administrator of the community school or 7290
STEM, or equivalent, of a public secondary school in which a 7291
participant is enrolled determines that the participant has not 7292
attained a passing final grade in a college course in which the 7293
participant enrolled under this chapter, the superintendent, or 7294
chief administrator shallequivalent, may seek reimbursement from 7295
the participant or the participant's parent for the amount of 7296
state funds paid to the college on behalf of the participant for 7297
that college course. The board of education of the school 7298
district, the governing authority of the community school, or the 7299
STEMgoverning entity of a public school, in accordance with 7300
division (C) of section 3313.642 of the Revised Code, may withhold 7301
grades and credits received by the participant for district or 7302
communityhigh school courses taken by the participant until the 7303
participant or the participant's parent provides reimbursement.7304

       (B) IfExcept as provided for in division (C) of this 7305
section, if the chief administrator of thea participating7306
nonpublic school in which a participant is enrolled determines 7307
that the participant has not attained a passing final grade in a 7308
college course in which the participant enrolled under this 7309
chapter, the chief administrator shallmay seek reimbursement from 7310
the participant or the participant's parent for the amount of 7311
state funds paid to the college on behalf of the participant for 7312
enrollment in that college course. Upon the collection of any 7313
funds from a participant or participant's parent under this 7314
division, the chief administrator of a nonpublic school shall send 7315
an amount equal to the funds collected to the superintendent of 7316
public instruction. The superintendent of public instruction shall 7317
credit that amount to the general revenue fund.7318

       (C) Unless the participant was expelled by the school, the 7319
superintendent, or equivalent, or chief administrator shall not 7320
seek reimbursement from a participant or a participant's parent 7321
under division (A) or (B) of this section, if the participant is 7322
identified as economically disadvantaged according to rules 7323
adopted by the department of education.7324

       Sec. 3365.11.  Each instructor teaching a course under the 7325
college credit plus program shall meet the credential requirements 7326
set forth in guidelines and procedures established by the 7327
chancellor of the Ohio board of regents. If the guidelines require 7328
high school teachers to take any additional graduate-level 7329
coursework in order to meet the credential requirements, that 7330
coursework shall be applicable to continuing education and 7331
professional development requirements for the renewal of the 7332
teacher's educator license. 7333

       Sec. 3365.05.        Sec. 3365.12. (A) All courses offered under the 7334
college credit plus program shall be the same courses that are 7335
included in the partnering college's course catalogue for 7336
college-level, nonremedial courses and shall apply to at least one 7337
degree or professional certification at the partnering college.7338

       (B)(1) High school credit awarded for courses successfully 7339
completed under this chapter shall count toward the graduation 7340
requirements and subject area requirements of the school district, 7341
community school, STEMpublic secondary school, or participating7342
nonpublic secondary school. If a course comparable to one a 7343
studentparticipant completed at a college is offered by the 7344
district or school, the board or schoolgoverning entity or 7345
governing body shall award comparable credit for the course 7346
completed at the college. If no comparable course is offered by 7347
the district or school, the board or schoolgoverning entity or 7348
governing body shall grant an appropriate number of elective7349
credits in a similar subject area to the studentparticipant.7350

       (2) If there is a dispute between a school district board, a 7351
community school governing authority, or a STEMparticipant's7352
school and a studentparticipant regarding high school credits 7353
granted for a course, the studentparticipant may appeal the 7354
decision to the state board of education. The state board's 7355
decision regarding any high school credits granted under this 7356
section is final.7357

       (C) Evidence of successful completion of each course and the 7358
high school credits awarded by the district or school shall be 7359
included in the student's record. The record shall indicate that 7360
the credits were earned as a participant under this chapter and 7361
shall include the name of the college at which the credits were 7362
earned. The district or school shall determine whether and the 7363
manner in which the grade achieved in a course completed at a 7364
college under division (A)(2) or (B) of section 3365.04 of the 7365
Revised Code will be counted in any cumulative grade point average 7366
maintained for the student.7367

       Sec. 3365.13.  (A) Each public secondary school shall 7368
develop, in consultation with at least one public partnering 7369
college, two model pathways for courses offered under the college 7370
credit plus program. One of the model pathways shall be a 7371
fifteen-credit hour pathway and one shall be a thirty-credit hour 7372
pathway. Each pathway shall include courses which, once completed, 7373
all apply to at least one degree or professional certification 7374
offered at the college. The pathways may be organized by desired 7375
major or career path or may include various core courses required 7376
for a degree or professional certification by the college. The 7377
school shall publish the pathways among the school's official list 7378
of course offerings from which a participant may select.7379

       (B) No participant shall be required to enroll only in the 7380
courses included in a model pathway developed under division (A) 7381
of this section. Instead, the pathways shall serve as samples of 7382
the courses that a participant may take, if desired, to earn 7383
multiple credits toward a specified degree or certification. 7384

       Sec. 3365.15.  The chancellor of the Ohio board of regents 7385
and the superintendent of public instruction jointly shall do all 7386
of the following:7387

       (A) Adopt data reporting guidelines specifying the types of 7388
data that public and participating nonpublic secondary schools and 7389
public and participating private colleges, including eligible 7390
out-of-state colleges participating in the program, must annually 7391
collect, report, and track under division (G) of section 3365.04 7392
and division (H) of section 3365.05 of the Revised Code. The types 7393
of data shall include all of the following:7394

        (1) For each secondary school and college:7395

        (a) The number of participants disaggregated by grade level, 7396
socioeconomic status, race, gender, and disability;7397

        (b) The number of completed courses and credit hours, 7398
disaggregated by the college in which participants were enrolled;7399

        (c) The number of courses in which participants enrolled, 7400
disaggregated by subject area and level of difficulty.7401

        (2) For each secondary school, the number of students who 7402
were denied participation in the program under division (A)(1)(a) 7403
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the 7404
Revised Code. Each participating nonpublic secondary school shall 7405
also include the number of students who were denied participation 7406
due to the student not being awarded funding by the department of 7407
education pursuant to section 3365.071 of the Revised Code.7408

        (3) For each college: 7409

       (a) The number of students who applied to enroll in the 7410
college under the program but were not granted admission;7411

        (b) The average number of completed courses per participant;7412

        (c) The average grade point average for participants in 7413
college courses under the program.7414

        The guidelines adopted under this division shall also include 7415
policies and procedures for the collection, reporting, and 7416
tracking of such data. 7417

       (B) Annually compile the data required under division (A) of 7418
this section. Not later than the thirty-first day of December of 7419
each year, the data from the previous school year shall be posted 7420
in a prominent location on both the board of regents' and the 7421
department of education's web sites.7422

        (C) Submit a biennial report detailing the status of the 7423
college credit plus program to the governor, the president of the 7424
senate, the speaker of the house of representatives, and the 7425
chairpersons of the education committees of the senate and house 7426
of representatives. The first report shall be submitted not later 7427
than December 31, 2017, and each subsequent report shall be 7428
submitted not later than the thirty-first day of December every 7429
two years thereafter.7430

       (D) Establish a college credit plus advisory committee to 7431
assist in the development of performance metrics and the 7432
monitoring of the program's progress. At least one member of the 7433
advisory committee shall be a school guidance counselor.7434

       The chancellor shall also, in consultation with the 7435
superintendent, create a standard packet of information for the 7436
college credit plus program directed toward students and parents 7437
that are interested in the program.7438

       Sec. 5747.08.  An annual return with respect to the tax 7439
imposed by section 5747.02 of the Revised Code and each tax 7440
imposed under Chapter 5748. of the Revised Code shall be made by 7441
every taxpayer for any taxable year for which the taxpayer is 7442
liable for the tax imposed by that section or under that chapter, 7443
unless the total credits allowed under divisions (E), (F), and (G) 7444
of section 5747.05 of the Revised Code for the year are equal to 7445
or exceed the tax imposed by section 5747.02 of the Revised Code, 7446
in which case no return shall be required unless the taxpayer is 7447
liable for a tax imposed pursuant to Chapter 5748. of the Revised 7448
Code.7449

       (A) If an individual is deceased, any return or notice 7450
required of that individual under this chapter shall be made and 7451
filed by that decedent's executor, administrator, or other person 7452
charged with the property of that decedent.7453

       (B) If an individual is unable to make a return or notice 7454
required by this chapter, the return or notice required of that 7455
individual shall be made and filed by the individual's duly 7456
authorized agent, guardian, conservator, fiduciary, or other 7457
person charged with the care of the person or property of that 7458
individual.7459

       (C) Returns or notices required of an estate or a trust shall 7460
be made and filed by the fiduciary of the estate or trust.7461

       (D)(1)(a) Except as otherwise provided in division (D)(1)(b) 7462
of this section, any pass-through entity may file a single return 7463
on behalf of one or more of the entity's investors other than an 7464
investor that is a person subject to the tax imposed under section 7465
5733.06 of the Revised Code. The single return shall set forth the 7466
name, address, and social security number or other identifying 7467
number of each of those pass-through entity investors and shall 7468
indicate the distributive share of each of those pass-through 7469
entity investor's income taxable in this state in accordance with 7470
sections 5747.20 to 5747.231 of the Revised Code. Such 7471
pass-through entity investors for whom the pass-through entity 7472
elects to file a single return are not entitled to the exemption 7473
or credit provided for by sections 5747.02 and 5747.022 of the 7474
Revised Code; shall calculate the tax before business credits at 7475
the highest rate of tax set forth in section 5747.02 of the 7476
Revised Code for the taxable year for which the return is filed; 7477
and are entitled to only their distributive share of the business 7478
credits as defined in division (D)(2) of this section. A single 7479
check drawn by the pass-through entity shall accompany the return 7480
in full payment of the tax due, as shown on the single return, for 7481
such investors, other than investors who are persons subject to 7482
the tax imposed under section 5733.06 of the Revised Code.7483

       (b)(i) A pass-through entity shall not include in such a 7484
single return any investor that is a trust to the extent that any 7485
direct or indirect current, future, or contingent beneficiary of 7486
the trust is a person subject to the tax imposed under section 7487
5733.06 of the Revised Code.7488

       (ii) A pass-through entity shall not include in such a single 7489
return any investor that is itself a pass-through entity to the 7490
extent that any direct or indirect investor in the second 7491
pass-through entity is a person subject to the tax imposed under 7492
section 5733.06 of the Revised Code.7493

       (c) Nothing in division (D) of this section precludes the tax 7494
commissioner from requiring such investors to file the return and 7495
make the payment of taxes and related interest, penalty, and 7496
interest penalty required by this section or section 5747.02, 7497
5747.09, or 5747.15 of the Revised Code. Nothing in division (D) 7498
of this section precludes such an investor from filing the annual 7499
return under this section, utilizing the refundable credit equal 7500
to the investor's proportionate share of the tax paid by the 7501
pass-through entity on behalf of the investor under division (J) 7502
of this section, and making the payment of taxes imposed under 7503
section 5747.02 of the Revised Code. Nothing in division (D) of 7504
this section shall be construed to provide to such an investor or 7505
pass-through entity any additional deduction or credit, other than 7506
the credit provided by division (J) of this section, solely on 7507
account of the entity's filing a return in accordance with this 7508
section. Such a pass-through entity also shall make the filing and 7509
payment of estimated taxes on behalf of the pass-through entity 7510
investors other than an investor that is a person subject to the 7511
tax imposed under section 5733.06 of the Revised Code.7512

       (2) For the purposes of this section, "business credits" 7513
means the credits listed in section 5747.98 of the Revised Code 7514
excluding the following credits:7515

       (a) The retirement credit under division (B) of section 7516
5747.055 of the Revised Code;7517

       (b) The senior citizen credit under division (C) of section 7518
5747.05 of the Revised Code;7519

       (c) The lump sum distribution credit under division (D) of 7520
section 5747.05 of the Revised Code;7521

       (d) The dependent care credit under section 5747.054 of the 7522
Revised Code;7523

       (e) The lump sum retirement income credit under division (C) 7524
of section 5747.055 of the Revised Code;7525

       (f) The lump sum retirement income credit under division (D) 7526
of section 5747.055 of the Revised Code;7527

       (g) The lump sum retirement income credit under division (E) 7528
of section 5747.055 of the Revised Code;7529

       (h) The credit for displaced workers who pay for job training 7530
under section 5747.27 of the Revised Code;7531

       (i) The twenty-dollar personal exemption credit under section 7532
5747.022 of the Revised Code;7533

       (j) The joint filing credit under division (G) of section 7534
5747.05 of the Revised Code;7535

       (k) The nonresident credit under division (A) of section 7536
5747.05 of the Revised Code;7537

       (l) The credit for a resident's out-of-state income under 7538
division (B) of section 5747.05 of the Revised Code;7539

       (m) The low-income credit under section 5747.056 of the 7540
Revised Code;7541

       (n) The earned income tax credit under section 5747.71 of the 7542
Revised Code;7543

       (o) The credit for law enforcement officer school volunteers 7544
or retired law enforcement officer school volunteers under section 7545
5747.64 of the Revised Code.7546

       (3) The election provided for under division (D) of this 7547
section applies only to the taxable year for which the election is 7548
made by the pass-through entity. Unless the tax commissioner 7549
provides otherwise, this election, once made, is binding and 7550
irrevocable for the taxable year for which the election is made. 7551
Nothing in this division shall be construed to provide for any 7552
deduction or credit that would not be allowable if a nonresident 7553
pass-through entity investor were to file an annual return.7554

       (4) If a pass-through entity makes the election provided for 7555
under division (D) of this section, the pass-through entity shall 7556
be liable for any additional taxes, interest, interest penalty, or 7557
penalties imposed by this chapter if the tax commissioner finds 7558
that the single return does not reflect the correct tax due by the 7559
pass-through entity investors covered by that return. Nothing in 7560
this division shall be construed to limit or alter the liability, 7561
if any, imposed on pass-through entity investors for unpaid or 7562
underpaid taxes, interest, interest penalty, or penalties as a 7563
result of the pass-through entity's making the election provided 7564
for under division (D) of this section. For the purposes of 7565
division (D) of this section, "correct tax due" means the tax that 7566
would have been paid by the pass-through entity had the single 7567
return been filed in a manner reflecting the commissioner's 7568
findings. Nothing in division (D) of this section shall be 7569
construed to make or hold a pass-through entity liable for tax 7570
attributable to a pass-through entity investor's income from a 7571
source other than the pass-through entity electing to file the 7572
single return.7573

       (E) If a husband and wife file a joint federal income tax 7574
return for a taxable year, they shall file a joint return under 7575
this section for that taxable year, and their liabilities are 7576
joint and several, but, if the federal income tax liability of 7577
either spouse is determined on a separate federal income tax 7578
return, they shall file separate returns under this section.7579

       If either spouse is not required to file a federal income tax 7580
return and either or both are required to file a return pursuant 7581
to this chapter, they may elect to file separate or joint returns, 7582
and, pursuant to that election, their liabilities are separate or 7583
joint and several. If a husband and wife file separate returns 7584
pursuant to this chapter, each must claim the taxpayer's own 7585
exemption, but not both, as authorized under section 5747.02 of 7586
the Revised Code on the taxpayer's own return.7587

       (F) Each return or notice required to be filed under this 7588
section shall contain the signature of the taxpayer or the 7589
taxpayer's duly authorized agent and of the person who prepared 7590
the return for the taxpayer, and shall include the taxpayer's 7591
social security number. Each return shall be verified by a 7592
declaration under the penalties of perjury. The tax commissioner 7593
shall prescribe the form that the signature and declaration shall 7594
take.7595

       (G) Each return or notice required to be filed under this 7596
section shall be made and filed as required by section 5747.04 of 7597
the Revised Code, on or before the fifteenth day of April of each 7598
year, on forms that the tax commissioner shall prescribe, together 7599
with remittance made payable to the treasurer of state in the 7600
combined amount of the state and all school district income taxes 7601
shown to be due on the form.7602

       Upon good cause shown, the commissioner may extend the period 7603
for filing any notice or return required to be filed under this 7604
section and may adopt rules relating to extensions. If the 7605
extension results in an extension of time for the payment of any 7606
state or school district income tax liability with respect to 7607
which the return is filed, the taxpayer shall pay at the time the 7608
tax liability is paid an amount of interest computed at the rate 7609
per annum prescribed by section 5703.47 of the Revised Code on 7610
that liability from the time that payment is due without extension 7611
to the time of actual payment. Except as provided in section 7612
5747.132 of the Revised Code, in addition to all other interest 7613
charges and penalties, all taxes imposed under this chapter or 7614
Chapter 5748. of the Revised Code and remaining unpaid after they 7615
become due, except combined amounts due of one dollar or less, 7616
bear interest at the rate per annum prescribed by section 5703.47 7617
of the Revised Code until paid or until the day an assessment is 7618
issued under section 5747.13 of the Revised Code, whichever occurs 7619
first.7620

       If the commissioner considers it necessary in order to ensure 7621
the payment of the tax imposed by section 5747.02 of the Revised 7622
Code or any tax imposed under Chapter 5748. of the Revised Code, 7623
the commissioner may require returns and payments to be made 7624
otherwise than as provided in this section.7625

       To the extent that any provision in this division conflicts 7626
with any provision in section 5747.026 of the Revised Code, the 7627
provision in that section prevails.7628

       (H) If any report, claim, statement, or other document 7629
required to be filed, or any payment required to be made, within a 7630
prescribed period or on or before a prescribed date under this 7631
chapter is delivered after that period or that date by United 7632
States mail to the agency, officer, or office with which the 7633
report, claim, statement, or other document is required to be 7634
filed, or to which the payment is required to be made, the date of 7635
the postmark stamped on the cover in which the report, claim, 7636
statement, or other document, or payment is mailed shall be deemed 7637
to be the date of delivery or the date of payment.7638

       If a payment is required to be made by electronic funds 7639
transfer pursuant to section 5747.072 of the Revised Code, the 7640
payment is considered to be made when the payment is received by 7641
the treasurer of state or credited to an account designated by the 7642
treasurer of state for the receipt of tax payments.7643

       "The date of the postmark" means, in the event there is more 7644
than one date on the cover, the earliest date imprinted on the 7645
cover by the United States postal service.7646

       (I) The amounts withheld by an employer pursuant to section 7647
5747.06 of the Revised Code, a casino operator pursuant to section 7648
5747.063 of the Revised Code, or a lottery sales agent pursuant to 7649
section 5747.064 of the Revised Code shall be allowed to the 7650
recipient of the compensation casino winnings, or lottery prize 7651
award as credits against payment of the appropriate taxes imposed 7652
on the recipient by section 5747.02 and under Chapter 5748. of the 7653
Revised Code.7654

       (J) If a pass-through entity elects to file a single return 7655
under division (D) of this section and if any investor is required 7656
to file the annual return and make the payment of taxes required 7657
by this chapter on account of the investor's other income that is 7658
not included in a single return filed by a pass-through entity or 7659
any other investor elects to file the annual return, the investor 7660
is entitled to a refundable credit equal to the investor's 7661
proportionate share of the tax paid by the pass-through entity on 7662
behalf of the investor. The investor shall claim the credit for 7663
the investor's taxable year in which or with which ends the 7664
taxable year of the pass-through entity. Nothing in this chapter 7665
shall be construed to allow any credit provided in this chapter to 7666
be claimed more than once. For the purpose of computing any 7667
interest, penalty, or interest penalty, the investor shall be 7668
deemed to have paid the refundable credit provided by this 7669
division on the day that the pass-through entity paid the 7670
estimated tax or the tax giving rise to the credit.7671

       (K) The tax commissioner shall ensure that each return 7672
required to be filed under this section includes a box that the 7673
taxpayer may check to authorize a paid tax preparer who prepared 7674
the return to communicate with the department of taxation about 7675
matters pertaining to the return. The return or instructions 7676
accompanying the return shall indicate that by checking the box 7677
the taxpayer authorizes the department of taxation to contact the 7678
preparer concerning questions that arise during the processing of 7679
the return and authorizes the preparer only to provide the 7680
department with information that is missing from the return, to 7681
contact the department for information about the processing of the 7682
return or the status of the taxpayer's refund or payments, and to 7683
respond to notices about mathematical errors, offsets, or return 7684
preparation that the taxpayer has received from the department and 7685
has shown to the preparer.7686

       (L) The tax commissioner shall permit individual taxpayers to 7687
instruct the department of taxation to cause any refund of 7688
overpaid taxes to be deposited directly into a checking account, 7689
savings account, or an individual retirement account or individual 7690
retirement annuity, or preexisting college savings plan or program 7691
account offered by the Ohio tuition trust authority under Chapter 7692
3334. of the Revised Code, as designated by the taxpayer, when the 7693
taxpayer files the annual return required by this section 7694
electronically.7695

       (M) The tax commissioner may adopt rules to administer this 7696
section.7697

       Sec. 5747.64.  (A) As used in this section:7698

       (1) "Law enforcement officer" means a sheriff, deputy 7699
sheriff, constable, police officer of a township or joint police 7700
district, marshal, deputy marshal, municipal police officer, or 7701
state highway patrol trooper.7702

       (2) "School" means a public or nonpublic school. "School" 7703
excludes home instruction as authorized under section 3321.04 of 7704
the Revised Code.7705

       (3) "Public school" includes schools of a school district, 7706
STEM schools established under Chapter 3326. of the Revised Code, 7707
and community schools established under Chapter 3314. of the 7708
Revised Code.7709

       (4) "Nonpublic school" means a nonpublic school for which the 7710
state board of education has issued a charter pursuant to section 7711
3301.16 of the Revised Code and prescribes minimum standards under 7712
division (D)(2) of section 3301.07 of the Revised Code.7713

       (B) There is hereby allowed a nonrefundable credit against 7714
the tax imposed by section 5747.02 of the Revised Code for a 7715
taxpayer who is a law enforcement officer or retired law 7716
enforcement officer and who provides safety and security services 7717
in a school under section 3313.94 of the Revised Code without 7718
receiving compensation. The amount of the credit equals two 7719
dollars for each hour or part of an hour that the law enforcement 7720
officer or retired law enforcement officer provides such services, 7721
but the credit amount claimed by the officer shall not exceed five 7722
hundred dollars for any taxable year, not including any amount of 7723
credit carried forward from a prior year.7724

       The law enforcement officer or retired law enforcement 7725
officer shall claim the credit in the order required by section 7726
5747.98 of the Revised Code for the taxable year in which the 7727
officer provides such services. Any credit amount in excess of the 7728
tax due under section 5747.02 of the Revised Code, after allowing 7729
for any other credits preceding the credit in that order, may be 7730
carried forward for three taxable years, but the amount of the 7731
excess credit allowed in any such year shall be deducted from the 7732
balance carried forward to the next year.7733

       The tax commissioner may request that a law enforcement 7734
officer or retired law enforcement officer claiming a credit under 7735
this section furnish information as is necessary to support the 7736
claim for the credit under this section, and no credit shall be 7737
allowed unless the requested information is provided.7738

       Sec. 5747.98.  (A) To provide a uniform procedure for 7739
calculating the amount of tax due under section 5747.02 of the 7740
Revised Code, a taxpayer shall claim any credits to which the 7741
taxpayer is entitled in the following order:7742

       (1) The retirement income credit under division (B) of 7743
section 5747.055 of the Revised Code;7744

       (2) The senior citizen credit under division (C) of section 7745
5747.05 of the Revised Code;7746

       (3) The lump sum distribution credit under division (D) of 7747
section 5747.05 of the Revised Code;7748

       (4) The dependent care credit under section 5747.054 of the 7749
Revised Code;7750

       (5) The lump sum retirement income credit under division (C) 7751
of section 5747.055 of the Revised Code;7752

       (6) The lump sum retirement income credit under division (D) 7753
of section 5747.055 of the Revised Code;7754

       (7) The lump sum retirement income credit under division (E) 7755
of section 5747.055 of the Revised Code;7756

       (8) The low-income credit under section 5747.056 of the 7757
Revised Code;7758

       (9) The credit for displaced workers who pay for job training 7759
under section 5747.27 of the Revised Code;7760

       (10) The campaign contribution credit under section 5747.29 7761
of the Revised Code;7762

       (11) The twenty-dollar personal exemption credit under 7763
section 5747.022 of the Revised Code;7764

       (12) The joint filing credit under division (G) of section 7765
5747.05 of the Revised Code;7766

       (13) The nonresident credit under division (A) of section 7767
5747.05 of the Revised Code;7768

       (14) The credit for a resident's out-of-state income under 7769
division (B) of section 5747.05 of the Revised Code;7770

       (15) The earned income credit under section 5747.71 of the 7771
Revised Code;7772

       (16) The credit for employers that reimburse employee child 7773
care expenses under section 5747.36 of the Revised Code;7774

       (17) The credit for adoption of a minor child under section 7775
5747.37 of the Revised Code;7776

       (18) The credit for purchases of lights and reflectors under 7777
section 5747.38 of the Revised Code;7778

       (19) The nonrefundable job retention credit under division 7779
(B) of section 5747.058 of the Revised Code;7780

       (20) The credit for selling alternative fuel under section 7781
5747.77 of the Revised Code;7782

       (21) The second credit for purchases of new manufacturing 7783
machinery and equipment and the credit for using Ohio coal under 7784
section 5747.31 of the Revised Code;7785

       (22) The job training credit under section 5747.39 of the 7786
Revised Code;7787

       (23) The enterprise zone credit under section 5709.66 of the 7788
Revised Code;7789

       (24) The credit for the eligible costs associated with a 7790
voluntary action under section 5747.32 of the Revised Code;7791

       (25) The credit for employers that establish on-site child 7792
day-care centers under section 5747.35 of the Revised Code;7793

       (26) The ethanol plant investment credit under section 7794
5747.75 of the Revised Code;7795

       (27) The nonrefundable credit for law enforcement officer 7796
school volunteers or retired law enforcement officer school 7797
volunteers under section 5747.64 of the Revised Code;7798

       (28) The credit for purchases of qualifying grape production 7799
property under section 5747.28 of the Revised Code;7800

       (28)(29) The small business investment credit under section 7801
5747.81 of the Revised Code;7802

       (29)(30) The enterprise zone credits under section 5709.65 of 7803
the Revised Code;7804

       (30)(31) The research and development credit under section 7805
5747.331 of the Revised Code;7806

       (31)(32) The credit for rehabilitating a historic building 7807
under section 5747.76 of the Revised Code;7808

       (32)(33) The refundable credit for rehabilitating a historic 7809
building under section 5747.76 of the Revised Code;7810

       (33)(34) The refundable jobs creation credit or job retention 7811
credit under division (A) of section 5747.058 of the Revised Code;7812

       (34)(35) The refundable credit for taxes paid by a qualifying 7813
entity granted under section 5747.059 of the Revised Code;7814

       (35)(36) The refundable credits for taxes paid by a 7815
qualifying pass-through entity granted under division (J) of 7816
section 5747.08 of the Revised Code;7817

       (36)(37) The refundable credit under section 5747.80 of the 7818
Revised Code for losses on loans made to the Ohio venture capital 7819
program under sections 150.01 to 150.10 of the Revised Code;7820

       (37)(38) The refundable motion picture production credit 7821
under section 5747.66 of the Revised Code.;7822

       (38)(39) The refundable credit for financial institution 7823
taxes paid by a pass-through entity granted under section 5747.65 7824
of the Revised Code.7825

       (B) For any credit, except the refundable credits enumerated 7826
in this section and the credit granted under division (I) of 7827
section 5747.08 of the Revised Code, the amount of the credit for 7828
a taxable year shall not exceed the tax due after allowing for any 7829
other credit that precedes it in the order required under this 7830
section. Any excess amount of a particular credit may be carried 7831
forward if authorized under the section creating that credit. 7832
Nothing in this chapter shall be construed to allow a taxpayer to 7833
claim, directly or indirectly, a credit more than once for a 7834
taxable year.7835

       Section 2.  That existing sections 133.06, 921.06, 3301.0712, 7836
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031, 7837
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603, 7838
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975, 7839
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22, 7840
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041, 7841
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05, 7842
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 and sections 7843
3310.05, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022, 3365.03, 7844
3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the Revised 7845
Code are hereby repealed.7846

       Section 3.  That the version of section 3314.016 of the 7847
Revised Code that is scheduled to take effect January 1, 2015, be 7848
amended to read as follows:7849

       Sec. 3314.016. This section applies to any entity that 7850
sponsors a community school, regardless of whether section 7851
3314.021 or 3314.027 of the Revised Code exempts the entity from 7852
the requirement to be approved for sponsorship under divisions 7853
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The 7854
office of Ohio school sponsorship established under section 7855
3314.029 of the Revised Code shall be rated under division (B) of 7856
this section, but divisions (A) and (C) of this section do not 7857
apply to the office.7858

       (A) An entity that sponsors a community school shall be 7859
permitted to enter into contracts under section 3314.03 of the 7860
Revised Code to sponsor additional community schools only if the 7861
entity meets both of the following criteria:7862

       (1) The entity is in compliance with all provisions of this 7863
chapter requiring sponsors of community schools to report data or 7864
information to the department of education.7865

       (2) The entity is not rated as "ineffective" under division 7866
(B)(6) of this section.7867

       (B)(1) For purposes of this section, the department shall 7868
develop and implement an evaluation system, in conjunction with a 7869
statewide nonprofit organization whose membership is comprised 7870
solely of entities that sponsor community schools and whose 7871
members sponsor the majority of start-up community schools in the 7872
state, that rates each entity that sponsors a community school 7873
based on the following components:7874

        (a) Academic performance of students enrolled in community 7875
schools sponsored by the same entity;. This metric shall be 7876
measured using assessments selected or approved by the department, 7877
which shall be administered so as to measure student performance 7878
at a particular point in time in a school year and rates of 7879
student improvement on those same assessments while enrolled in 7880
the school. The measure specified under division (B)(1)(a) of this 7881
section shall be calculated on an annual basis.7882

        (b) Adherence by a sponsor to the quality practices 7883
prescribed by the department under division (B)(3) of this 7884
section. The department shall not include this measure in the 7885
sponsor evaluation rating system until the department prescribes 7886
quality practices and develops an instrument to measure adherence 7887
to those practices under division (B)(3) of this section. The 7888
department shall determine a schedule for completing a review of 7889
and calculating the measure specified under division (B)(1)(b) of 7890
this section. For a sponsor rated as "effective" on the measure 7891
specified under division (B)(1)(b) of this section, that rating 7892
shall be valid for three years. For a sponsor rated as "exemplary" 7893
on the measure specified under division (B)(1)(b) of this section, 7894
that rating shall be valid for five years.7895

        (c) Compliance with applicable laws and administrative rules 7896
by an entity that sponsors a community school. The department 7897
shall determine a schedule for completing a review of and 7898
calculating the measure specified under division (B)(1)(c) of this 7899
section. The review shall be conducted on an annual basis through 7900
electronic means, rather than by a site visit, unless 7901
circumstances do not permit review by electronic means.7902

       (2) In calculating an academic performance component, the 7903
department shall exclude all of the following:7904

       (a) All community schools that have been in operation for not 7905
more than two full school years;7906

       (b) All community schools described in division (A)(4)(b) of 7907
section 3314.35 of the Revised Code. 7908

       (3) The department, in consultation with entities that 7909
sponsor community schools, shall prescribe quality practices for 7910
community school sponsors and develop an instrument to measure 7911
adherence to those quality practices. The quality practices shall 7912
be based on standards developed by the national association of 7913
charter school authorizers or any other nationally organized 7914
community school organization.7915

        (4)(a) The department mayshall permit peer review of a 7916
sponsor's adherence to the quality practices prescribed under 7917
division (B)(3) of this section.7918

       (b) The department shall require individuals participating in 7919
peer review under division (B)(4)(a) of this section to complete 7920
training approved or established by the department and to possess 7921
significant experience working for an entity that sponsors 7922
community schools in the state.7923

        (c) The department may enter into an agreement with another 7924
entity toshall provide training to individuals conducting peer 7925
review of sponsors by entering into an agreement with a statewide 7926
nonprofit organization whose membership is comprised solely of 7927
entities that sponsor community schools and whose members sponsor 7928
the majority of start-up community schools in the state for that 7929
training. Prior to entering into an agreement with an entity, the 7930
department shall review and approve of the entity's training 7931
program.7932

       (5) Not later than July 1, 2013, the state board of education 7933
shall adopt rules in accordance with Chapter 119. of the Revised 7934
Code prescribing standards for measuring compliance with 7935
applicable laws and rules under division (B)(1)(c) of this 7936
section.7937

        (6) The department annually shall rate all entities that 7938
sponsor community schools as either "exemplary," "effective," or 7939
"ineffective," based on the components prescribed by division (B) 7940
of this section, where each component is weighted equally, except 7941
that entities sponsoring community schools for the first time may 7942
be assigned the rating of "emerging" for only the first two 7943
consecutive years.7944

        The department shall publish the ratings between the first 7945
day of October and the fifteenth day of October.7946

       (7)(a) Prior to the 2014-2015 school year, student academic 7947
performance prescribed under division (B)(1)(a) of this section 7948
shall not include student academic performance data from community 7949
schools that primarily serve students enrolled in a dropout 7950
prevention and recovery program as described in division (A)(4)(a) 7951
of section 3314.35 of the Revised Code.7952

       (b) For the 2014-2015 school year and each school year 7953
thereafter, student academic performance prescribed under division 7954
(B)(1)(a) of this section shall include student academic 7955
performance data from community schools that primarily serve 7956
students enrolled in a dropout prevention and recovery program.7957

       (C) If the governing authority of a community school enters 7958
into a contract with a sponsor prior to the date on which the 7959
sponsor is prohibited from sponsoring additional schools under 7960
division (A) of this section and the school has not opened for 7961
operation as of that date, that contract shall be void and the 7962
school shall not open until the governing authority secures a new 7963
sponsor by entering into a contract with the new sponsor under 7964
section 3314.03 of the Revised Code. However, the department's 7965
office of Ohio school sponsorship, established under section 7966
3314.029 of the Revised Code, may assume the sponsorship of the 7967
school until the earlier of the expiration of two school years or 7968
until a new sponsor is secured by the school's governing 7969
authority. A community school sponsored by the department under 7970
this division shall not be included when calculating the maximum 7971
number of directly authorized community schools permitted under 7972
division (A)(3) of section 3314.029 of the Revised Code.7973

       (D)(1) The office of Ohio school sponsorship established 7974
under section 3314.029 of the Revised Code shall be rated using 7975
the evaluation system prescribed by division (B) of this section, 7976
but divisions (A) and (C) of this section do not apply to the 7977
office. 7978

       (2) Not later than July 1, 2016, and not later than the first 7979
day of July every fifth year thereafter, the evaluation panel 7980
created under division (D)(3) of this section shall rate the 7981
office of Ohio school sponsorship using the evaluation system 7982
under division (B) of this section.7983

       (3) The panel that rates the office of Ohio school 7984
sponsorship shall consist of one representative each from the 7985
following organizations:7986

       (a) A statewide nonprofit organization whose membership is 7987
composed solely of entities that sponsor community schools and 7988
whose members sponsor the majority of start-up community schools 7989
in the state;7990

       (b) An educational service center approved to sponsor 7991
community schools statewide;7992

       (c) A school district that sponsors one or more community 7993
schools that is not a municipal school district;7994

       (d) A qualified tax-exempt entity under section 501(c)(3) of 7995
the Internal Revenue Code approved to sponsor community schools;7996

       (e) Any municipal school district transformation alliance 7997
established under section 3311.86 of the Revised Code.7998

       Vacancies shall be filled in the manner of the original 7999
appointments.8000

       Section 4. That the existing version of section 3314.016 of 8001
the Revised Code that is scheduled to take effect January 1, 2015, 8002
is hereby repealed.8003

       Section 5. That Sections 3 and 4 of this act shall take 8004
effect January 1, 2015.8005

       Section 6.  (A) There is hereby created the School Based 8006
Health Care Advisory Workgroup. The Workgroup shall consist of the 8007
following members:8008

       (1) The Superintendent of Public Instruction or the 8009
Superintendent's designee;8010

       (2) The Director of Developmental Disabilities or the 8011
Director's designee;8012

       (3) The Director of Health or the Director's designee;8013

       (4) The Director of Job and Family Services or the Director's 8014
designee;8015

       (5) The Director of Medicaid or the Director's designee;8016

       (6) The Director of Mental Health and Addiction Services or 8017
the Director's designee;8018

       (7) The Director of the Office of Health Transformation or 8019
the Director's designee, who shall serve as chairperson;8020

       (8) One representative from each of the following 8021
organizations, appointed by the organization's chief executive 8022
officer or the individual serving in an equivalent capacity for 8023
the organization:8024

       (a) The Association of Ohio Health Commissioners;8025

       (b) The Buckeye Association of School Administrators;8026

       (c) The County Commissioners Association of Ohio;8027

       (d) The Greater Cincinnati Community Learning Institute;8028

       (e) The Ohio Association of Community Health Centers;8029

       (f) The Ohio Association of Health Plans;8030

       (g) The Ohio Association of School Nurses;8031

       (h) The Ohio Business Roundtable;8032

       (i) The Ohio Chamber of Commerce;8033

       (j) The Ohio Chapter of the American Academy of Pediatrics;8034

       (k) The Ohio Children's Hospital Association;8035

       (l) The Ohio Commission on Minority Health;8036

       (m) The Ohio Council of Behavioral Health and Family Services 8037
Providers;8038

       (n) The Ohio Dental Association;8039

       (o) The Ohio Optometric Association;8040

       (p) The Ohio Parent Teacher Association;8041

       (q) The Ohio State Medical Association;8042

       (r) The Public Children Services Association of Ohio;8043

       (s) Voices for Ohio's Children;8044

       (t) The Ohio Federation of Teachers;8045

        (u) The Ohio Association of County Behavioral Health 8046
Authorities.8047

       (9) Two members of the House of Representatives, one from the 8048
majority party and the other from the minority party, appointed by 8049
the Speaker of the House of Representatives;8050

       (10) Two members of the Senate, one from the majority party 8051
and the other from the minority party, appointed by the President 8052
of the Senate.8053

       (B) The Workgroup shall do all of the following:8054

       (1) Review evidence of the correlation between student health 8055
and academic achievement;8056

       (2) Identify existing best practices to improve academic 8057
achievement through better student health;8058

       (3) Based on existing best practices, recommend one or more 8059
models for communities that want to improve academic achievement 8060
through better student health;8061

       (4) Recommend financial strategies to sustain the models over 8062
time, with an emphasis on health coverage through commercial 8063
insurance and Medicaid, not other governmental subsidies;8064

       (5) Recommend health care service delivery strategies that 8065
are known to improve health outcomes, such as patient-centered 8066
medical homes; 8067

       (6) Explore the community learning center model delivery of 8068
student health care services;8069

       (7) Ensure that all recommendations adhere to state and 8070
federal law.8071

       (C)(1) Appointments to the Workgroup shall be made not later 8072
than fifteen days after the effective date of this section. 8073
Vacancies shall be filled in the same manner as the original 8074
appointments. 8075

       (2) Members of the Workgroup shall serve without compensation 8076
or reimbursement for expenses incurred while serving on the 8077
Workgroup, except to the extent that serving on the Workgroup is 8078
considered to be among the member's employment duties.8079

       (D) The Workgroup shall prepare a report of its findings and 8080
recommendations and, not later than December 31, 2014, submit the 8081
report to the General Assembly. Upon submission of the report, the 8082
Workgroup shall cease to exist.8083

       Section 7. (A) Notwithstanding anything to the contrary in 8084
Chapter 3365. of the Revised Code, for the 2014-2015 school year, 8085
the program established under that chapter shall continue to 8086
operate as the Post-Secondary Enrollment Options Program, as it 8087
existed under that chapter prior to the effective date of this 8088
section. All rules for the Post-Secondary Enrollment Options 8089
Program in effect on the effective date of this section shall 8090
continue to govern that program for the 2014-2015 school year. The 8091
College Credit Plus Program, as codified in Chapter 3365. of the 8092
Revised Code, as it is revised by this act, shall begin operation 8093
for the 2015-2016 school year. Beginning on the effective date of 8094
this section, the Department of Education, State Board of 8095
Education, and Chancellor of the Ohio Board of Regents shall take 8096
the necessary steps to adopt rules, guidelines, and procedures and 8097
to create any necessary forms and documents so that the College 8098
Credit Plus Program is fully operational for the 2015-2016 school 8099
year in accordance with Chapter 3365. of the Revised Code, as it 8100
is revised by this act.8101

       (B) In accordance with division (A) of this section, all 8102
participants who enroll, or who have taken preliminary action to 8103
enroll, in an institution of higher education for the 2014-2015 8104
school year pursuant to Chapter 3365. of the Revised Code, as it 8105
existed prior to the effective date of this section, or rules 8106
adopted under that version of that chapter, shall participate in 8107
the Post-Secondary Enrollment Options Program, as it existed prior 8108
to the effective date of this section. Participants enrolled in an 8109
institution of higher education under the Post-Secondary 8110
Enrollment Options Program during the 2014-2015 school year shall 8111
continue to be subject to the provisions of Chapter 3365. of the 8112
Revised Code, as it existed prior to the effective date of this 8113
section.8114

       (C) For the 2014-2015 school year, all participants who 8115
enroll, or who have taken preliminary action to enroll, in a dual 8116
enrollment program as defined in section 3313.6013 of the Revised 8117
Code, as it existed prior to the effective date of this section, 8118
to participate during that school year in the dual enrollment 8119
program shall participate under the specified dual enrollment 8120
program in which the student enrolled and shall continue to be 8121
subject to the provisions of section 3313.6013 of the Revised 8122
Code, as it existed prior to the effective date of this section.8123

       (D) Any agreement entered into for the 2014-2015 school year 8124
regarding either the Post-Secondary Enrollment Options Program 8125
under Chapter 3365. of the Revised Code, as it existed prior to 8126
the effective date of this section, or any dual enrollment 8127
program, as defined in section 3313.6013 of the Revised Code as it 8128
existed prior to the effective date of this section, shall 8129
continue in force, pursuant to the terms of that agreement, for 8130
the 2014-2015 school year.8131

       (E) For the 2013-2014 and 2014-2015 school years, the 8132
Department of Education shall make all payments that the 8133
Department is obligated to pay pursuant to section 3365.07 of the 8134
Revised Code, as it existed prior to the effective date of this 8135
section, for participants who enroll in an institution of higher 8136
education under Chapter 3365. of the Revised Code, as it existed 8137
prior to the effective date of this section.8138

       (F) For the 2014-2015 school year only, whenever the term 8139
"College Credit Plus Program" is used, referred to, or designated 8140
in any provision of the Revised Code outside of Chapter 3365. of 8141
the Revised Code, the use, reference, or designation shall be 8142
construed to mean the "Post-Secondary Enrollment Options Program." 8143

       Section 8. (A) Not later than March 31, 2015, the Chancellor 8144
of the Ohio Board of Regents shall do both of the following with 8145
regard to remediation-free standards for students enrolled in 8146
state institutions of higher education, as defined in section 8147
3345.011 of the Revised Code:8148

       (1) Identify one or more nationally normed assessments that 8149
may be used to demonstrate remediation-free status;8150

       (2) Establish score levels in the areas of mathematics, 8151
reading, and writing for each assessment that represent 8152
remediation-free status and are comparable to, or higher than, the 8153
standards and score levels adopted pursuant to division (F) of 8154
section 3345.061 of the Revised Code. 8155

       (B) Any state institution may use the assessments and adopt 8156
the remediation-free score levels identified under division (A) of 8157
this section to determine if a student meets the standards for 8158
remediation-free status.8159

       Section 9. The amendment or enactment by this act of sections 8160
5747.08, 5747.64, and 5747.98 of the Revised Code applies to 8161
taxable years ending on or after the effective date of this act.8162