As Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Representatives Anielski, Grossman, Henne, Stebelton, Terhar Speaker Batchelder
Senators Lehner, Gardner, Hite, Sawyer
A BILL
To amend sections 133.06, 149.433, 921.06, 3301.079,
3301.0711, 3301.0712, 3301.0714, 3301.0715,
3302.03, 3302.10, 3310.03, 3310.031, 3310.13,
3310.14, 3310.522, 3311.24, 3311.25, 3311.38,
3311.86, 3313.372, 3313.537, 3313.539, 3313.603,
3313.6013, 3313.6014, 3313.6016, 3313.61,
3313.612, 3313.843, 3313.90, 3314.02, 3314.029,
3314.03, 3314.08, 3317.03, 3318.70, 3319.111,
3319.112, 3319.22, 3319.26, 3319.31, 3321.07,
3321.08, 3324.07, 3325.02, 3325.06, 3325.07,
3325.10, 3326.11, 3326.36, 3328.24, 3328.25,
3331.04, 3333.041, 3333.35, 3333.43, 3333.86,
3345.06, 3345.061, 3365.04, 3365.041, 3365.05,
3365.06, 3365.08, 3365.11, 3707.511, and 5705.10;
to amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections
3365.04 (3365.06), 3365.041 (3365.032), 3365.05
(3365.12), 3365.06 (3365.031), and 3365.11
(3365.09); to enact new sections 3313.536,
3365.01, 3365.02, 3365.03, 3365.04, 3365.05,
3365.07, 3365.10, 3365.11, and 3365.15 and
sections 3301.078, 3301.163, 3301.947, 3302.036,
3302.15, 3311.241, 3311.251, 3313.21, 3313.212,
3313.6020, 3314.191, 3314.352, 3325.071, 3325.09,
3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and
3707.521; and to repeal sections 3313.536,
3345.062, 3365.01, 3365.02, 3365.021, 3365.022,
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and
3365.15 of the Revised Code; and to amend the
versions of sections 3314.03 and 3326.11 of the
Revised Code that result from Section 1 of this
act and to repeal section 3313.6015 of the Revised
Code on July 1, 2015, with regard to education
provisions for students in grades kindergarten
through twelve.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 149.433, 921.06, 3301.079,
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.10,
3310.03, 3310.031, 3310.13, 3310.14, 3310.522, 3311.24, 3311.25,
3311.38, 3311.86, 3313.372, 3313.537, 3313.539, 3313.603,
3313.6013, 3313.6014, 3313.6016, 3313.61, 3313.612, 3313.843,
3313.90, 3314.02, 3314.029, 3314.03, 3314.08, 3317.03, 3318.70,
3319.111, 3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 3321.08,
3324.07, 3325.02, 3325.06, 3325.07, 3325.10, 3326.11, 3326.36,
3328.24, 3328.25, 3331.04, 3333.041, 3333.35, 3333.43, 3333.86,
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08,
3365.11, 3707.511 and 5705.10 be amended; sections 3365.04
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06
(3365.031), and 3365.11 (3365.09) be amended for the purpose of
adopting new section numbers as indicated in parentheses; and new
sections 3313.536, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05,
3365.07, 3365.10, 3365.11, and 3365.15 and sections 3301.078,
3301.163, 3301.947, 3302.036, 3302.15, 3311.241, 3311.251,
3313.21, 3313.212, 3313.6020, 3314.191, 3314.352, 3325.071,
3325.09, 3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and
3707.521 of the Revised Code be enacted to read as follows:
Sec. 133.06. (A) A school district shall not incur, without
a vote of the electors, net indebtedness that exceeds an amount
equal to one-tenth of one per cent of its tax valuation, except as
provided in divisions (G) and (H) of this section and in division
(C) of section 3313.372 of the Revised Code, or as prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education, and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred twenty days prior to
the election at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.042 of the Revised Code.
(E) A school district may become a special needs district as
to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining both
of the following:
(a) The student population is not being adequately serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) The history of and a projection of the growth of the tax
valuation;
(c) The estimated cost of permanent improvements proposed to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the information
certified to the superintendent and any other information the
superintendent obtains, indicates a likelihood of potential
average growth of tax valuation of the district during the next
five years of an average of not less than one and one-half per
cent per year. The findings and certification of the
superintendent shall be conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding the
month in which its board determines to submit to the electors the
question of issuing the proposed securities;
(b) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in
the district have been wholly or partially destroyed, or condemned
by a constituted public authority, or that such buildings or
facilities are partially constructed, or so constructed or planned
as to require additions and improvements to them before the
buildings or facilities are usable for their intended purpose, or
that corrections to permanent improvements are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the cost,
in excess of any insurance or condemnation proceeds received by
the district, of permanent improvements to respond to the
emergency need.
(3) The procedures for the election shall be as provided in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section 133.18
of the Revised Code shall be certified to the county auditor and
the board of elections at least one hundred days prior to the
election;
(c) The county auditor shall advise and, not later than
ninety-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its resolution
and the information required by division (D) of section 133.18 of
the Revised Code to the board of elections not less than ninety
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G)(1) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an analysis
and recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce
energy consumption in buildings owned by the district. The report
shall include estimates of all costs of such installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, measurement and
verification of energy savings, and debt service, forgone residual
value of materials or equipment replaced by the energy
conservation measure, as defined by the Ohio school facilities
commission, a baseline analysis of actual energy consumption data
for the preceding three years with the utility baseline based on
only the actual energy consumption data for the preceding twelve
months, and estimates of the amounts by which energy consumption
and resultant operational and maintenance costs, as defined by the
commission, would be reduced.
If the board finds after receiving the report that the amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board may
submit to the commission a copy of its findings and a request for
approval to incur indebtedness to finance the making or
modification of installations or the remodeling of buildings for
the purpose of significantly reducing energy consumption.
The school facilities commission, in consultation with the
auditor of state, may deny a request under this division by the
board of education any school district is in a state of fiscal
watch pursuant to division (A) of section 3316.03 of the Revised
Code, if it determines that the expenditure of funds is not in the
best interest of the school district.
No district board of education of a school district that is
in a state of fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code shall submit a request without
submitting evidence that the installations, modifications, or
remodeling have been approved by the district's financial planning
and supervision commission established under section 3316.05 of
the Revised Code.
No board of education of a school district that, for three or
more consecutive years, has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code, as
that section existed prior to March 22, 2013, and has failed to
meet adequate yearly progress, or has met any condition set forth
in division (A)(2), or (3), or (4) of section 3302.10 of the
Revised Code shall submit a request without first receiving
approval to incur indebtedness from the district's academic
distress commission established under that section, for so long as
such commission continues to be required for the district.
(2) The school facilities commission shall approve the
board's request provided that the following conditions are
satisfied:
(a) The commission determines that the board's findings are
reasonable.
(b) The request for approval is complete.
(c) The installations, modifications, or remodeling are
consistent with any project to construct or acquire classroom
facilities, or to reconstruct or make additions to existing
classroom facilities under sections 3318.01 to 3318.20 or sections
3318.40 to 3318.45 of the Revised Code.
Upon receipt of the commission's approval, the district may
issue securities without a vote of the electors in a principal
amount not to exceed nine-tenths of one per cent of its tax
valuation for the purpose of making such installations,
modifications, or remodeling, but the total net indebtedness of
the district without a vote of the electors incurred under this
and all other sections of the Revised Code, except section
3318.052 of the Revised Code, shall not exceed one per cent of the
district's tax valuation.
(3) So long as any securities issued under this division
remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs
of buildings in which installations or modifications have been
made or remodeling has been done pursuant to this division and.
Except as provided in division (G)(4) of this section, the board
shall maintain and annually update a report in a form and manner
prescribed by the school facilities commission documenting the
reductions in energy consumption and resultant operational and
maintenance cost savings attributable to such installations,
modifications, or remodeling. The report shall be certified by an
architect or engineer independent of any person that provided
goods or services to the board in connection with the energy
conservation measures that are the subject of the report. The
resultant operational and maintenance cost savings shall be
certified by the school district treasurer. The report shall be
submitted annually to the commission.
(4) If the school facilities commission verifies that the
certified annual reports submitted to the commission by a board of
education under division (G)(3) of this section fulfill the
guarantee required under division (B) of section 3313.372 of the
Revised Code for three consecutive years, the board of education
shall no longer be subject to the annual reporting requirements of
division (G)(3) of this section.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of paying
costs of permanent improvements, if and to the extent that both of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates that
receipts of the school district from payments made under or
pursuant to agreements entered into pursuant to section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised
Code, or distributions under division (C) of section 5709.43 of
the Revised Code, or any combination thereof, are, after
accounting for any appropriate coverage requirements, sufficient
in time and amount, and are committed by the proceedings, to pay
the debt charges on the securities issued to evidence that
indebtedness and payable from those receipts, and the taxing
authority of the district confirms the fiscal officer's estimate,
which confirmation is approved by the superintendent of public
instruction;
(2) The fiscal officer of the school district certifies, and
the taxing authority of the district confirms, that the district,
at the time of the certification and confirmation, reasonably
expects to have sufficient revenue available for the purpose of
operating such permanent improvements for their intended purpose
upon acquisition or completion thereof, and the superintendent of
public instruction approves the taxing authority's confirmation.
The maximum maturity of securities issued under division (H)
of this section shall be the lesser of twenty years or the maximum
maturity calculated under section 133.20 of the Revised Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) or (C) of
this section when necessary to raise the school district portion
of the basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives, the
cost of other locally funded initiatives in an amount that does
not exceed fifty per cent of the district's portion of the basic
project cost, and the cost for site acquisition. The school
facilities commission shall notify the superintendent of public
instruction whenever a school district will exceed either limit
pursuant to this division.
(J) A school district whose portion of the basic project cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the electors
net indebtedness in an amount up to two per cent of its tax
valuation through the issuance of general obligation securities in
order to generate all or part of the amount of its portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio school facilities commission shall include the
dedication of the proceeds of such securities in the agreement
entered into under section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 149.433. (A) As used in this section:
(1) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.
(2) "Infrastructure record" means any record that discloses
the configuration of a public office's or chartered nonpublic
school's critical systems including, but not limited to,
communication, computer, electrical, mechanical, ventilation,
water, and plumbing systems, security codes, or the infrastructure
or structural configuration of the building in which a public
office or chartered nonpublic school is located. "Infrastructure
record" does not mean a simple floor plan that discloses only the
spatial relationship of components of a public office or chartered
nonpublic school or the building in which a public office or
chartered nonpublic school is located.
(3) "Security record" means any of the following:
(a) Any record that contains information directly used for
protecting or maintaining the security of a public office against
attack, interference, or sabotage;
(b) Any record assembled, prepared, or maintained by a public
office or public body to prevent, mitigate, or respond to acts of
terrorism, including any of the following:
(i) Those portions of records containing specific and unique
vulnerability assessments or specific and unique response plans
either of which is intended to prevent or mitigate acts of
terrorism, and communication codes or deployment plans of law
enforcement or emergency response personnel;
(ii) Specific intelligence information and specific
investigative records shared by federal and international law
enforcement agencies with state and local law enforcement and
public safety agencies;
(iii) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies, and other records related
to national security briefings to assist state and local
government with domestic preparedness for acts of terrorism.
(c) A school safety An emergency management plan adopted
pursuant to section 3313.536 of the Revised Code.
(B) A record kept by a public office that is a security
record or an infrastructure record is not a public record under
section 149.43 of the Revised Code and is not subject to mandatory
release or disclosure under that section.
(C) Notwithstanding any other section of the Revised Code,
disclosure by a public office, public employee, chartered
nonpublic school, or chartered nonpublic school employee of a
security record or infrastructure record that is necessary for
construction, renovation, or remodeling work on any public
building or project or chartered nonpublic school does not
constitute public disclosure for purposes of waiving division (B)
of this section and does not result in that record becoming a
public record for purposes of section 149.43 of the Revised Code.
Sec. 921.06. (A)(1) No individual shall do any of the
following without having a commercial applicator license issued by
the director of agriculture:
(a) Apply pesticides for a pesticide business without direct
supervision;
(b) Apply pesticides as part of the individual's duties while
acting as an employee of the United States government, a state,
county, township, or municipal corporation, or a park district,
port authority, or sanitary district created under Chapter 1545.,
4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of
this section does not apply to a private applicator or an
immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that
private applicator.
(d) If the individual is the owner of a business other than a
pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible sites that
are located on the property:
(i) Food service operations that are licensed under Chapter
3717. of the Revised Code;
(ii) Retail food establishments that are licensed under
Chapter 3717. of the Revised Code;
(iv) Rental properties of more than four apartment units at
one location;
(v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education educational service center, a community school
established under Chapter 3314. of the Revised Code, or a
chartered or nonchartered nonpublic school that meets minimum
standards established by the state board of education;
(viii) Colleges as defined in section 3365.01 State
institutions of higher education as defined in section 3345.011 of
the Revised Code, nonprofit institutions holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code,
institutions holding a certificate of registration from the state
board of career colleges and schools and program authorization for
an associate or bachelor's degree program issued under section
3332.05 of the Revised Code, and private institutions exempt from
regulation under Chapter 3332. of the Revised Code as prescribed
in section 3333.046 of the Revised Code;
(ix) Food processing establishments as defined in section
3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established
by rule and shall be renewed in accordance with deadlines
established by rule. The fee for each such license shall be
established by rule. If a license is not issued or renewed, the
application fee shall be retained by the state as payment for the
reasonable expense of processing the application. The director
shall by rule classify by pesticide-use category licenses to be
issued under this section. A single license may include more than
one pesticide-use category. No individual shall be required to pay
an additional license fee if the individual is licensed for more
than one category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture
whose job duties require licensure as a commercial applicator as a
condition of employment.
(B) Application for a commercial applicator license shall be
made on a form prescribed by the director. Each application for a
license shall state the pesticide-use category or categories of
license for which the applicant is applying and other information
that the director determines essential to the administration of
this chapter.
(C) If the director finds that the applicant is competent to
apply pesticides and conduct diagnostic inspections and that the
applicant has passed both the general examination and each
applicable pesticide-use category examination as required under
division (A) of section 921.12 of the Revised Code, the director
shall issue a commercial applicator license limited to the
pesticide-use category or categories for which the applicant is
found to be competent. If the director rejects an application, the
director may explain why the application was rejected, describe
the additional requirements necessary for the applicant to obtain
a license, and return the application. The applicant may resubmit
the application without payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be
deemed to hold a private applicator's license for purposes of
applying pesticides on agricultural commodities that are produced
by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 3301.078. No official or board of this state, whether
appointed or elected, shall enter into any agreement or memorandum
of understanding with any federal or private entity that would
require the state to cede any measure of control over the
development, adoption, or revision of academic content standards.
Sec. 3301.079. (A)(1) The state board of education
periodically shall adopt statewide academic standards with
emphasis on coherence, focus, and rigor essential knowledge and
that are more challenging and demanding when compared to
international standards for each of grades kindergarten through
twelve in English language arts, mathematics, science, and social
studies.
(a) The state board shall ensure that the standards shall
specify do all of the following:
(i) The core Include the essential academic content and
skills that students are expected to know and be able to do at
each grade level that will allow each student to be prepared for
postsecondary instruction and the workplace for success in the
twenty-first century;
(ii) The Include the development of skill sets that promote
information, media, and technological literacy;
(iii) Interdisciplinary Include interdisciplinary,
project-based, real-world learning opportunities;
(iv) Instill life-long learning by providing essential
knowledge and skills based in the liberal arts tradition, as well
as science, technology, engineering, mathematics, and
career-technical education;
(v) Be clearly written, transparent, and understandable by
parents, educators, and the general public.
(b) Not later than July 1, 2012, the state board shall
incorporate into the social studies standards for grades four to
twelve academic content regarding the original texts of the
Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and
their original context. The state board shall revise the model
curricula and achievement assessments adopted under divisions (B)
and (C) of this section as necessary to reflect the additional
American history and American government content. The state board
shall make available a list of suggested grade-appropriate
supplemental readings that place the documents prescribed by this
division in their historical context, which teachers may use as a
resource to assist students in reading the documents within that
context.
(c) When the state board adopts or revises academic content
standards in social studies, American history, American
government, or science under division (A)(1) of this section, the
state board shall develop such standards independently and not as
part of a multistate consortium.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in technology, financial literacy
and entrepreneurship, fine arts, and foreign language for grades
kindergarten through twelve. The standards shall meet the same
requirements prescribed in division (A)(1)(a) of this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
The department of education shall employ a full-time physical
education coordinator to provide guidance and technical assistance
to districts, community schools, and STEM schools in implementing
the physical education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been completed for any
subject area required by this section, the state board shall
inform all school districts, all community schools established
under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the content of those standards.
Additionally, upon completion
of any academic standards under this section, the department shall
post those standards on the department's web site.
(B)(1) The state board shall adopt a model curriculum for
instruction in each subject area for which updated academic
standards are required by division (A)(1) of this section and for
each of grades kindergarten through twelve that is sufficient to
meet the needs of students in every community. The model
curriculum shall be aligned with the standards, to ensure that the
academic content and skills specified for each grade level are
taught to students, and shall demonstrate vertical articulation
and emphasize coherence, focus, and rigor. When any model
curriculum has been completed, the state board shall inform all
school districts, community schools, and STEM schools of the
content of that model curriculum.
(2) Not later than June 30, 2013, the state board, in
consultation with any office housed in the governor's office that
deals with workforce development, shall adopt model curricula for
grades kindergarten through twelve that embed career connection
learning strategies into regular classroom instruction.
(3) All school districts, community schools, and STEM schools
may utilize the state standards and the model curriculum
established by the state board, together with other relevant
resources, examples, or models to ensure that students have the
opportunity to attain the academic standards. Upon request, the
department shall provide technical assistance to any district,
community school, or STEM school in implementing the model
curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
section.
(C) The state board shall develop achievement assessments
aligned with the academic standards and model curriculum for each
of the subject areas and grade levels required by divisions (A)(1)
and (B)(1) of section 3301.0710 of the Revised Code.
When any achievement assessment has been completed, the state
board shall inform all school districts, community schools, STEM
schools, and nonpublic schools required to administer the
assessment of its completion, and the department shall make the
achievement assessment available to the districts and schools.
(D)(1) The state board shall adopt a diagnostic assessment
aligned with the academic standards and model curriculum for each
of grades kindergarten through two in reading, writing, and
mathematics and for grade three in reading and writing. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills
for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted
students. Blank copies of diagnostic assessments shall be public
records.
(2) When each diagnostic assessment has been completed, the
state board shall inform all school districts of its completion
and the department shall make the diagnostic assessment available
to the districts at no cost to the district. School districts
shall administer the diagnostic assessment pursuant to section
3301.0715 of the Revised Code beginning the first school year
following the development of the assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department consults with
persons for the purpose of drafting or reviewing any standards,
diagnostic assessments, achievement assessments, or model
curriculum required under this section, the state board or the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable,
the state board and department shall consult with teachers
recognized as outstanding in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required by
this section, the department shall ensure the interchangeability
of those assessments.
(G) Whenever the state board adopts standards or model
curricula under this section, the department also shall provide
information on the use of blended or digital learning in the
delivery of the standards or curricula to students in accordance
with division (A)(4) of this section.
(H) The fairness sensitivity review committee, established by
rule of the state board of education, shall not allow any question
on any achievement or diagnostic assessment developed under this
section or any proficiency test prescribed by former section
3301.0710 of the Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire as to
individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(I)(1)(a) The English language arts academic standards review
committee is hereby created to review academic content standards
in the subject of English language arts. The committee shall
consist of the following members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the president of the
senate;
(iii) One educator who is currently teaching in a classroom,
appointed by the speaker of the house of representatives;
(iv) The chancellor of the Ohio board of regents, or the
chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(b) The mathematics academic standards review committee is
hereby created to review academic content standards in the subject
of mathematics. The committee shall consist of the following
members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the speaker of the
house of representatives;
(iii) One educator who is currently teaching in a classroom,
appointed by the president of the senate;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(c) The science academic standards review committee is hereby
created to review academic content standards in the subject of
science. The committee shall consist of the following members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the president of the
senate;
(iii) One educator who is currently teaching in a classroom,
appointed by the speaker of the house of representatives;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(d) The social studies academic standards review committee is
hereby created to review academic content standards in the subject
of social studies. The committee shall consist of the following
members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the speaker of the
house of representatives;
(iii) One educator who is currently teaching in a classroom,
appointed by the president of the senate;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(2)(a) Each committee created in division (I)(1) of this
section shall review the academic content standards for its
respective subject area to ensure that such standards are clear,
concise, and appropriate for each grade level and promote higher
student performance, learning, subject matter comprehension, and
improved student achievement. Each committee also shall review
whether the standards for its respective subject area promote
essential knowledge in the subject, lifelong learning, the liberal
arts tradition, and college and career readiness and whether the
standards reduce remediation.
(b) Each committee shall determine whether the assessments
submitted to that committee under division (I)(4) of this section
are appropriate for the committee's respective subject area and
meet the academic content standards adopted under this section and
community expectations.
(3) The department of education shall provide administrative
support for each committee created in division (I)(1) of this
section. Members of each committee shall be reimbursed for
reasonable and necessary expenses related to the operations of the
committee. Members of each committee shall serve at the pleasure
of the appointing authority.
(4) Notwithstanding anything to the contrary in division (N)
of section 3301.0711 of the Revised Code, the department shall
submit to the appropriate committee created under division (I)(1)
of this section copies of the questions and corresponding answers
on the relevant assessments required by section 3301.0710 of the
Revised Code on the first day of July following the school year
that the assessments were administered. The department shall
provide each committee with the entire content of each relevant
assessment, including corresponding answers.
The assessments received by the committees are not public
records of the committees and are not subject to release by the
committees to any other person or entity under section 149.43 of
the Revised Code. However, the assessments shall become public
records in accordance with division (N) of section 3301.0711 of
the Revised Code.
(J) Not later than forty-five days prior to the adoption by
the state board of updated academic standards under division
(A)(1) of this section or updated model curricula under division
(B)(1) of this section, the superintendent of public instruction
shall present the academic standards or model curricula, as
applicable, to the respective committees of the house of
representatives and senate that consider education legislation.
(J)(K) As used in this section:
(1) "Blended learning" means the delivery of instruction in a
combination of time in a supervised physical location away from
home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning.
(2) "Coherence" means a reflection of the structure of the
discipline being taught.
(3) "Digital learning" means learning facilitated by
technology that gives students some element of control over time,
place, path, or pace of learning.
(4) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(5) "Rigor" means more challenging and demanding when
compared to international standards.
(6) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish to, grade, and score all assessments
required by divisions (A)(1) and (B)(1) of section 3301.0710 of
the Revised Code to be administered by city, local, exempted
village, and joint vocational school districts, except that each
district shall score any assessment administered pursuant to
division (B)(10) of this section. Each assessment so furnished
shall include the data verification code of the student to whom
the assessment will be administered, as assigned pursuant to
division (D)(2) of section 3301.0714 of the Revised Code. In
furnishing the practice versions of Ohio graduation tests
prescribed by division (D) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.
(2) Adopt rules for the ethical use of assessments and
prescribing the manner in which the assessments prescribed by
section 3301.0710 of the Revised Code shall be administered to
students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the English language arts assessments
prescribed under division (A)(1)(a) of section 3301.0710 of the
Revised Code twice annually to all students in the third grade who
have not attained the score designated for that assessment under
division (A)(2)(c) of section 3301.0710 of the Revised Code.
(2) Administer the mathematics assessment prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code at
least once annually to all students in the third grade.
(3) Administer the assessments prescribed under division
(A)(1)(b) of section 3301.0710 of the Revised Code at least once
annually to all students in the fourth grade.
(4) Administer the assessments prescribed under division
(A)(1)(c) of section 3301.0710 of the Revised Code at least once
annually to all students in the fifth grade.
(5) Administer the assessments prescribed under division
(A)(1)(d) of section 3301.0710 of the Revised Code at least once
annually to all students in the sixth grade.
(6) Administer the assessments prescribed under division
(A)(1)(e) of section 3301.0710 of the Revised Code at least once
annually to all students in the seventh grade.
(7) Administer the assessments prescribed under division
(A)(1)(f) of section 3301.0710 of the Revised Code at least once
annually to all students in the eighth grade.
(8) Except as provided in division (B)(9) of this section,
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and at
least twice annually to all students in eleventh or twelfth grade
who have not yet attained the score on that assessment designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such assessment, at any
time such assessment is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code at least twice annually to
any student enrolled in the joint vocational school district who
has not yet attained the score on that assessment designated under
that division. A board of a joint vocational school district may
also administer such an assessment to any student described in
division (B)(8)(b) of this section.
(10) If the district has a three-year average graduation rate
of not more than seventy-five per cent, administer each assessment
prescribed by division (D) of section 3301.0710 of the Revised
Code in September to all ninth grade students, beginning in the
school year that starts July 1, 2005.
Except as provided in section 3313.614 of the Revised Code
for administration of an assessment to a person who has fulfilled
the curriculum requirement for a high school diploma but has not
passed one or more of the required assessments, the assessments
prescribed under division (B)(1) of section 3301.0710 of the
Revised Code and the practice assessments prescribed under
division (D) of that section and required to be administered under
divisions (B)(8), (9), and (10) of this section shall not be
administered after the assessment system prescribed by division
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised
Code is implemented under rule of the state board adopted under
division (D)(1) of section 3301.0712 of the Revised Code.
(11) Administer the assessments prescribed by division (B)(2)
of section 3301.0710 and section 3301.0712 of the Revised Code in
accordance with the timeline and plan for implementation of those
assessments prescribed by rule of the state board adopted under
division (D)(1) of section 3301.0712 of the Revised Code.
(C)(1)(a) In the case of a student receiving special
education services under Chapter 3323. of the Revised Code, the
individualized education program developed for the student under
that chapter shall specify the manner in which the student will
participate in the assessments administered under this section.
The individualized education program may excuse the student from
taking any particular assessment required to be administered under
this section if it instead specifies an alternate assessment
method approved by the department of education as conforming to
requirements of federal law for receipt of federal funds for
disadvantaged pupils. To the extent possible, the individualized
education program shall not excuse the student from taking an
assessment unless no reasonable accommodation can be made to
enable the student to take the assessment.
(b) Any alternate assessment approved by the department for a
student under this division shall produce measurable results
comparable to those produced by the assessment it replaces in
order to allow for the student's results to be included in the
data compiled for a school district or building under section
3302.03 of the Revised Code.
(c) Any student enrolled in a chartered nonpublic school who
has been identified, based on an evaluation conducted in
accordance with section 3323.03 of the Revised Code or section 504
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused
from taking any particular assessment required to be administered
under this section if a plan developed for the student pursuant to
rules adopted by the state board excuses the student from taking
that assessment. In the case of any student so excused from taking
an assessment, the chartered nonpublic school shall not prohibit
the student from taking the assessment.
(2) A district board may, for medical reasons or other good
cause, excuse a student from taking an assessment administered
under this section on the date scheduled, but that assessment
shall be administered to the excused student not later than nine
days following the scheduled date. The district board shall
annually report the number of students who have not taken one or
more of the assessments required by this section to the state
board of education not later than the thirtieth day of June.
(3) As used in this division, "limited English proficient
student" has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular assessment required
to be administered under this section, except that any limited
English proficient student who has been enrolled in United States
schools for less than one full school year shall not be required
to take any reading, writing, or English language arts assessment.
However, no board shall prohibit a limited English proficient
student who is not required to take an assessment under this
division from taking the assessment. A board may permit any
limited English proficient student to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department. For each limited
English proficient student, each school district shall annually
assess that student's progress in learning English, in accordance
with procedures approved by the department.
The governing authority of a chartered nonpublic school may
excuse a limited English proficient student from taking any
assessment administered under this section. However, no governing
authority shall prohibit a limited English proficient student from
taking the assessment.
(D)(1) In the school year next succeeding the school year in
which the assessments prescribed by division (A)(1) or (B)(1) of
section 3301.0710 of the Revised Code or former division (A)(1),
(A)(2), or (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001, are administered to any
student, the board of education of any school district in which
the student is enrolled in that year shall provide to the student
intervention services commensurate with the student's performance,
including any intensive intervention required under section
3313.608 of the Revised Code, in any skill in which the student
failed to demonstrate at least a score at the proficient level on
the assessment.
(2) Following any administration of the assessments
prescribed by division (D) of section 3301.0710 of the Revised
Code to ninth grade students, each school district that has a
three-year average graduation rate of not more than seventy-five
per cent shall determine for each high school in the district
whether the school shall be required to provide intervention
services to any students who took the assessments. In determining
which high schools shall provide intervention services based on
the resources available, the district shall consider each school's
graduation rate and scores on the practice assessments. The
district also shall consider the scores received by ninth grade
students on the English language arts and mathematics assessments
prescribed under division (A)(1)(f) of section 3301.0710 of the
Revised Code in the eighth grade in determining which high schools
shall provide intervention services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose results indicate that the student is failing to make
satisfactory progress toward being able to attain scores at the
proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division (M) of this section, no school district board of
education shall utilize any student's failure to attain a
specified score on an assessment administered under this section
as a factor in any decision to deny the student promotion to a
higher grade level. However, a district board may choose not to
promote to the next grade level any student who does not take an
assessment administered under this section or make up an
assessment as provided by division (C)(2) of this section and who
is not exempt from the requirement to take the assessment under
division (C)(3) of this section.
(F) No person shall be charged a fee for taking any
assessment administered under this section.
(G)(1) Each school district board shall designate one
location for the collection of assessments administered in the
spring under division (B)(1) of this section and those
administered under divisions (B)(2) to (7) of this section. Each
district board shall submit the assessments to the entity with
which the department contracts for the scoring of the assessments
as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the assessments have been administered;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the assessments have been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the assessments have been administered.
However, any assessment that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the assessment.
(2) The department or an entity with which the department
contracts for the scoring of the assessment shall send to each
school district board a list of the individual scores of all
persons taking an assessment prescribed by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code within sixty days
after its administration, but in no case shall the scores be
returned later than the fifteenth day of June following the
administration. For assessments administered under this section by
a joint vocational school district, the department or entity shall
also send to each city, local, or exempted village school district
a list of the individual scores of any students of such city,
local, or exempted village school district who are attending
school in the joint vocational school district.
(H) Individual scores on any assessments administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the rules
adopted under division (A) of this section. No district board or
its employees shall utilize individual or aggregate results in any
manner that conflicts with rules for the ethical use of
assessments adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section, the
department or an entity with which the department contracts for
the scoring of the assessment shall not release any individual
scores on any assessment administered under this section. The
state board of education shall adopt rules to ensure the
protection of student confidentiality at all times. The rules may
require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.
(J) Notwithstanding division (D) of section 3311.52 of the
Revised Code, this section does not apply to the board of
education of any cooperative education school district except as
provided under rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code may
enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending
school in the cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an agreement
with the cooperative district that provides for the administration
of any assessment prescribed under this section to both of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this section.
Any assessment of students pursuant to such an agreement
shall be in lieu of any assessment of such students or persons
pursuant to this section.
(K)(1)(a) Except as otherwise provided in division (K)(1)(a)
or (K)(1)(c) of this section, each chartered nonpublic school for
which at least sixty-five per cent of its total enrollment is made
up of students who are participating in state scholarship programs
shall administer the elementary assessments prescribed by section
3301.0710 of the Revised Code. In accordance with procedures and
deadlines prescribed by the department, the parent or guardian of
a student enrolled in the school who is not participating in a
state scholarship program may submit notice to the chief
administrative officer of the school that the parent or guardian
does not wish to have the student take the elementary assessments
prescribed for the student's grade level under division (A) of
section 3301.0710 of the Revised Code. If a parent or guardian
submits an opt-out notice, the school shall not administer the
assessments to that student. This option does not apply to any
assessment required for a high school diploma under section
3313.612 of the Revised Code.
(b) If a chartered nonpublic school is not subject to
division (K)(1)(a) of this section and is educating students in
grades nine through twelve, it shall administer the assessments
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the
Revised Code as a condition of compliance with section 3313.612 of
the Revised Code. Any
(c) If a chartered nonpublic school meets the following
conditions, it shall not be required to administer the elementary
assessments prescribed by division (A) of section 3301.0710 of the
Revised Code:
(i) At least ninety-five per cent of the students enrolled in
the school are children with disabilities, as defined under
section 3323.01 of the Revised Code, or have received a diagnosis
by a school district or from a physician, including a
neuropsychiatrist or psychiatrist, or a psychologist who is
authorized to practice in this or another state as having a
condition that impairs academic performance, such as dyslexia,
dyscalculia, attention deficit hyperactivity disorder, or
Asperger's syndrome.
(ii) The school has solely served a student population
described in division (K)(1)(c)(i) of this section for at least
ten years.
(iii) The school is accredited through the independent school
association of the central states and has been issued a charter by
the state board.
(iv) The school promises to provide and provides to the
department at least five years of records of internal testing
conducted by the school that affords the department data required
for accountability purposes, including diagnostic assessments and
nationally standardized norm-referenced achievement assessments
that measure reading and math skills.
(d) Any chartered nonpublic school that is not subject to
division (K)(1)(a) of this section may participate in the
assessment program by administering any of the assessments
prescribed by division (A) of section 3301.0710 of the Revised
Code. The chief administrator of the school shall specify which
assessments the school will administer. Such specification shall
be made in writing to the superintendent of public instruction
prior to the first day of August of any school year in which
assessments are administered and shall include a pledge that the
nonpublic school will administer the specified assessments in the
same manner as public schools are required to do under this
section and rules adopted by the department.
(2) The department of education shall furnish the assessments
prescribed by section 3301.0710 or 3301.0712 of the Revised Code
to each chartered nonpublic school that is subject to division
(K)(1)(a) of this section or participates under division (K)(1)(b)
of this section.
(L)(1) The superintendent of the state school for the blind
and the superintendent of the state school for the deaf shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code. Each superintendent shall
administer the assessments in the same manner as district boards
are required to do under this section and rules adopted by the
department of education and in conformity with division (C)(1)(a)
of this section.
(2) The department of education shall furnish the assessments
described by sections 3301.0710 and 3301.0712 of the Revised Code
to each superintendent.
(M) Notwithstanding division (E) of this section, a school
district may use a student's failure to attain a score in at least
the proficient range on the mathematics assessment described by
division (A)(1)(a) of section 3301.0710 of the Revised Code or on
an assessment described by division (A)(1)(b), (c), (d), (e), or
(f) of section 3301.0710 of the Revised Code as a factor in
retaining that student in the current grade level.
(N)(1) In the manner specified in divisions (N)(3) and, (4),
and (6) of this section, the assessments required by division
(A)(1) of section 3301.0710 of the Revised Code shall become
public records pursuant to section 149.43 of the Revised Code on
the first thirty-first day of July following the school year that
the assessments were administered.
(2) The department may field test proposed questions with
samples of students to determine the validity, reliability, or
appropriateness of questions for possible inclusion in a future
year's assessment. The department also may use anchor questions on
assessments to ensure that different versions of the same
assessment are of comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing scores for individual students. Field test
questions and anchor questions may be included as part of the
administration of any assessment required by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code.
(3) Any field test question or anchor question administered
under division (N)(2) of this section shall not be a public
record. Such field test questions and anchor questions shall be
redacted from any assessments which are released as a public
record pursuant to division (N)(1) of this section.
(4) This division applies to the assessments prescribed by
division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each assessment, as specified
in former section 3301.0712 of the Revised Code, shall be a public
record.
(b) For subsequent administrations of each assessment prior
to the 2011-2012 school year, not less than forty per cent of the
questions on the assessment that are used to compute a student's
score shall be a public record. The department shall determine
which questions will be needed for reuse on a future assessment
and those questions shall not be public records and shall be
redacted from the assessment prior to its release as a public
record. However, for each redacted question, the department shall
inform each city, local, and exempted village school district of
the statewide academic standard adopted by the state board of
education under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The
preceding sentence does not apply to field test questions that are
redacted under division (N)(3) of this section.
(c) The administrations of each assessment in the 2011-2012,
2012-2013, and 2013-2014 school year and later years shall not be
a public record.
(5) Each assessment prescribed by division (B)(1) of section
3301.0710 of the Revised Code shall not be a public record.
(a) Forty per cent of the questions and preferred answers on
the assessments on the thirty-first day of July following the
administration of the assessment;
(b) Twenty per cent of the questions and preferred answers on
the assessment on the thirty-first day of July one year after the
administration of the assessment;
(c) The remaining forty per cent of the questions and
preferred answers on the assessment on the thirty-first day of
July two years after the administration of the assessment.
The entire content of an assessment shall become a public
record within three years of its administration.
The department shall make the questions that become a public
record under this division readily accessible to the public on the
department's web site. Questions on the spring administration of
each assessment shall be released on an annual basis, in
accordance with this division.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
(4) "State scholarship programs" means the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program
established under section 3310.41 of the Revised Code, the Jon
Peterson special needs scholarship program established under
sections 3310.51 to 3310.64 of the Revised Code, and the pilot
project scholarship program established under sections 3313.974 to
3313.979 of the Revised Code.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in divisions (B)(1) and (2) of this
section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. The system
shall replace the Ohio graduation tests prescribed in division
(B)(1) of section 3301.0710 of the Revised Code as a measure of
student academic performance and a prerequisite for eligibility
for a high school diploma in the manner prescribed by rule of the
state board adopted under division (D) of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally standardized assessment that measures
college and career readiness selected jointly by the state
superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, American history, and
American government selected jointly by the state superintendent
and the chancellor in consultation with faculty in the appropriate
subject areas at institutions of higher education of the
university system of Ohio. For each subject area, the state
superintendent and chancellor shall select multiple assessments
that school districts, public schools, and chartered nonpublic
schools may use as end-of-course examinations. Subject to division
(B)(3)(b) of this section, those assessments shall include
nationally recognized subject area assessments, such as advanced
placement examinations, SAT subject tests, international
baccalaureate examinations, and other assessments of college and
work readiness.
(3)(a) Not later than July 1, 2013, each school district
board of education shall adopt interim end-of-course examinations
that comply with the requirements of divisions (B)(3)(b)(i) and
(ii) of this section to assess mastery of American history and
American government standards adopted under division (A)(1)(b) of
section 3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code. Each high
school of the district shall use the interim examinations until
the state superintendent and chancellor select end-of-course
examinations in American history and American government under
division (B)(2) of this section.
(b) Not later than July 1, 2014, the state superintendent and
the chancellor shall select the end-of-course examinations in
American history and American government.
(i) The end-of-course examinations in American history and
American government shall require demonstration of mastery of the
American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
(ii) At least twenty per cent of the end-of-course
examination in American government shall address the topics on
American history and American government described in division (M)
of section 3313.603 of the Revised Code.
(C) The state board shall convene a group of national
experts, state experts, and local practitioners to provide advice,
guidance, and recommendations for the alignment of standards and
model curricula to the assessments and in the design of the
end-of-course examinations prescribed by this section.
(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
meet the requirements of the entire assessment system as a
prerequisite for a high school diploma under section 3313.61,
3313.612, or 3325.08 of the Revised Code;
(3) The date after which a person shall meet the requirements
of the entire assessment system as a prerequisite for a diploma of
adult education under section 3313.611 of the Revised Code;
(4) Whether and the extent to which a person may be excused
from an American history end-of-course examination and an American
government end-of-course examination under division (H) of section
3313.61 and division (B)(3) of section 3313.612 of the Revised
Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall meet the requirements of the
entire assessment system as a prerequisite for a high school
diploma under division (B) of section 3313.614 of the Revised
Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
(E) Not later than forty-five days prior to the state board's
adoption of a resolution directing the department of education to
file the rules prescribed by division (D) of this section in final
form under section 119.04 of the Revised Code, the superintendent
of public instruction shall present the assessment system
developed under this section to the respective committees of the
house of representatives and senate that consider education
legislation.
(F)(1) Any person enrolled in a nonchartered nonpublic school
or any person who has been excused from attendance at school for
the purpose of home instruction under section 3321.04 of the
Revised Code may choose to participate in the system of
assessments administered under divisions (B)(1) and (2) of this
section. However, no such person shall be required to participate
in the system of assessments.
(2) The department shall adopt rules for the administration
and scoring of any assessments under division (F)(1) of this
section.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section;
(5) Standards to provide strict safeguards to protect the
confidentiality of personally identifiable student data.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student, except for the language
and reading assessment described in division (A)(2) of section
3301.0715 of the Revised Code, if the parent of that student
requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
state board of education or department of education from providing
a student's county of residence to the department of taxation to
facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school district
or community school to assign a data verification code that is
unique on a statewide basis over time to each student whose
initial Ohio enrollment is in that district or school and to
report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of data
verification codes for other entities, as described in division
(D)(2)(c) of this section, the use of those codes, and the
reporting and use of associated individual student data shall be
coordinated by the department in accordance with state and federal
law.
School districts shall report individual student data to the
department through the information technology centers utilizing
the code. The entities described in division (D)(2)(c) of this
section shall report individual student data to the department in
the manner prescribed by the department.
Except as provided in sections 3301.941, 3310.11, 3310.42,
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time
shall the state board or the department have access to information
that would enable any data verification code to be matched to
personally identifiable student data.
(b) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize the
same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section 3321.01
of the Revised Code, including the directors of health, job and
family services, mental health and addiction services, and
developmental disabilities, shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving those services.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (H) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as otherwise required under
division (B)(1) of section 3313.608 of the Revised Code, the board
of education of each city, local, and exempted village school
district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student. However, if a student
transfers into the district prior to the administration of the
diagnostic assessments to all students under division (B) of this
section, the district may administer the diagnostic assessments to
that student on the date or dates determined under that division.
(2)(a) Prior to July 1, 2014, each kindergarten student, not
earlier than four weeks prior to the first day of school and not
later than the first day of October.
(b) Beginning July 1, 2014, each Each kindergarten student,
not earlier than the first day of the school year and not later
than the first day of November, except that the language and
reading skills portion of the assessment shall be administered by
the thirtieth day of September to fulfill the requirements of
division (B) of section 3313.608 of the Revised Code.
For the purpose of division (A)(2) of this section, the
district shall administer the kindergarten readiness assessment
provided by the department of education. In no case shall the
results of the readiness assessment be used to prohibit a student
from enrolling in kindergarten.
(3) Each student enrolled in first, second, or third grade.
Division (A) of this section does not apply to students with
significant cognitive disabilities, as defined by the department
of education.
(B) Each district board shall administer each diagnostic
assessment when the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Any district that received an excellent or effective
rating a grade of "A" or "B" for the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of
the Revised Code or for the value-added progress dimension under
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of
the Revised Code for the immediately preceding school year,
pursuant to section 3302.03 of the Revised Code as it existed
prior to March 22, 2013, or the equivalent of such rating as
determined by the department of education, may use different
diagnostic assessments from those adopted under division (D) of
section 3301.079 of the Revised Code in order to satisfy the
requirements of division (A)(2)(3) of this section.
(D) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the
student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit to the department, in the manner
the department prescribes, the results of the diagnostic
assessments administered under this section, regardless of the
type of assessment used under section 3313.608 of the Revised
Code. The department may issue reports with respect to the data
collected. The department may report school and district level
kindergarten diagnostic assessment data and use diagnostic
assessment data to calculate the measure prescribed by divisions
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.
(E) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
Sec. 3301.163. (A) Beginning July 1, 2015, any third-grade
student who attends a chartered nonpublic school with a
scholarship awarded under either the educational choice
scholarship pilot program, prescribed in sections 3310.01 to
3310.17, or the pilot project scholarship program prescribed in
sections 3313.974 to 3313.979 of the Revised Code, shall be
subject to the third-grade reading guarantee retention provisions
under division (A)(2) of section 3313.608 of the Revised Code,
including the exemptions prescribed by that division. For purposes
of determining if a child with a disability is exempt from
retention under this section, an individual services plan created
for the child that exempts the student from retention shall be
considered in the same manner as an individualized education
program or plan under section 504 of the "Rehabilitation Act of
1973," 87 Stat. 355, 29 U.S.C. 794, as amended, as prescribed by
division (A)(2) of section 3313.608 of the Revised Code.
As used in this section, "child with a disability" has the
same meaning as in section 3323.01 of the Revised Code.
(B)(1) Each chartered nonpublic school that enrolls students
in any of grades kindergarten through three and that accepts
students under the educational choice scholarship pilot program or
the pilot project scholarship program shall adopt policies and
procedures for the annual assessment of the reading skills of
those students. Each school may use the diagnostic assessment to
measure reading ability for the appropriate grade level prescribed
in division (D) of section 3301.079 of the Revised Code. If the
school uses such assessments, the department of education shall
furnish them to the chartered nonpublic school.
(2) For each student identified as having reading skills
below grade level, the school shall do both of the following:
(a) Provide to the student's parent or guardian, in writing,
all of the following:
(i) Notification that the student has been identified as
having a substantial deficiency in reading;
(ii) Notification that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, the student shall be retained unless the student is
exempt under division (A)(1) of section 3313.608 of the Revised
Code.
(b) Provide intensive reading instruction services, as
determined appropriate by the school, to each student identified
under this section.
(C) Each chartered nonpublic school subject to this section
annually shall report to the department the number of students
identified as reading at grade level and the number of students
identified as reading below grade level.
Sec. 3301.947. Data collected in the course of testing under
sections 3301.079, 3301.0710, 3301.0711, and 3301.0712 of the
Revised Code shall be used for the sole purpose of measuring and
improving the academic progress and needs of students, educators,
school districts, and schools. In the course of such testing, no
personally identifiable information of a student's or a student's
family's social security numbers, religion, political party
affiliation, voting history, or biometric information shall be
collected, tracked, housed with, reported to, or shared with any
entity, including the federal or state government.
Sec. 3302.03. Annually, not later than the fifteenth day of
September or the preceding Friday when that day falls on a
Saturday or Sunday, the department of education shall assign a
letter grade for overall academic performance and for each
separate performance measure for each school district, and each
school building in a district, in accordance with this section.
The state board shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish performance criteria for each letter
grade and prescribe a method by which the department assigns each
letter grade. For a school building to which any of the
performance measures do not apply, due to grade levels served by
the building, the state board shall designate the performance
measures that are applicable to the building and that must be
calculated separately and used to calculate the building's overall
grade. The department shall issue annual report cards reflecting
the performance of each school district, each building within each
district, and for the state as a whole using the performance
measures and letter grade system described in this section. The
department shall include on the report card for each district and
each building within each district the most recent two-year trend
data in student achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as adopted by the
state board. In adopting benchmarks for assigning letter grades
under division (A)(1)(b) of this section, the state board of
education shall designate ninety per cent or higher for an "A," at
least seventy per cent but not more than eighty per cent for a
"C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.02 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (A)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the
department shall designate a four-year adjusted cohort graduation
rate of ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an
"A."
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available. The letter grade assigned for this growth measure shall
be as follows:
(i) A score that is at least two standard errors of measure
above the mean score shall be designated as an "A."
(ii) A score that is at least one standard error of measure
but less than two standard errors of measure above the mean score
shall be designated as a "B."
(iii) A score that is less than one standard error of measure
above the mean score but greater than or equal to one standard
error of measure below the mean score shall be designated as a
"C."
(iv) A score that is not greater than one standard error of
measure below the mean score but is greater than or equal to two
standard errors of measure below the mean score shall be
designated as a "D."
(v) A score that is not greater than two standard errors of
measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a
graded performance measure, whether as an overall measure or as a
measure of separate subgroups, the grades for the measure shall be
calculated in the same manner as prescribed in division (A)(1)(e)
of this section.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted, students with
disabilities, and students whose performance places them in the
lowest quintile for achievement on a statewide basis. Each
subgroup shall be a separate graded measure.
(2) Not later than April 30, 2013, the state board of
education shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and, not later than June 30, 2013, shall adopt rules in
accordance with Chapter 119. of the Revised Code that prescribe
the methods by which the performance measures under division
(A)(1) of this section shall be assessed and assigned a letter
grade, including performance benchmarks for each letter grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school
district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (B)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (B)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension of a school district or building, for which. In
determining the value-added progress dimension score, the
department shall use either up to three years of value-added data
as available or value-added data from the most recent school year
available, whichever results in a higher score for the district or
building.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis. Each subgroup shall be a
separate graded measure.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to districts and buildings for purposes of
division (B)(1)(g) of this section. In adopting benchmarks for
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of
this section, the state board shall determine progress made based
on the reduction in the total percentage of students scoring below
grade level, or below proficient, compared from year to year on
the reading and writing diagnostic assessments administered under
section 3301.0715 of the Revised Code and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The state board shall designate for a "C"
grade a value that is not lower than the statewide average value
for this measure. No grade shall be issued under divisions
(B)(1)(g) and (C)(1)(g) of this section for a district or building
in which less than five per cent of students have scored below
grade level on the diagnostic assessment administered to students
in kindergarten under division (B)(1) of section 3313.608 of the
Revised Code.
(2) In addition to the graded measures in division (B)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(b) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
or advanced standing programs, such as the post-secondary
enrollment options program under Chapter 3365. of the Revised Code
and state-approved career-technical courses offered through dual
enrollment or statewide articulation, that appear on a student's
transcript or other official document, either of which is issued
by the institution of higher education from which the student
earned the college credit. The credits earned that are reported
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(c) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with standards adopted under division (F) of section 3345.061 of
the Revised Code;
(d) The percentage of the district's or the building's
students who receive industry credentials. The state board shall
adopt criteria for acceptable industry credentials.
(e) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students
who receive an honors diploma under division (B) of section
3313.61 of the Revised Code.
(3) Not later than December 31, 2013, the state board shall
adopt rules in accordance with Chapter 119. of the Revised Code
that prescribe the methods by which the performance measures under
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed
and assigned a letter grade, including performance benchmarks for
each grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (B)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(4) There shall not be an overall letter grade for a school
district or building for the 2013-2014 school year.
(C)(1) For the 2014-2015 school year and each school year
thereafter, the department shall issue grades as described in
division (E) of this section for each of the following performance
measures and an overall letter grade based on an aggregate of
those measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (C)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (C)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension, or another measure of student academic progress if
adopted by the state board, of a school district or building, for
which. In determining the value-added progress dimension score,
the department shall use either up to three years of value-added
data as available or value-added data from the most recent school
year available, whichever results in a higher score for the
district or building.
In adopting benchmarks for assigning letter grades for
overall score on value-added progress dimension under division
(C)(1)(e) of this section, the state board shall prohibit the
assigning of a grade of "A" for that measure unless the district's
or building's grade assigned for value-added progress dimension
for all subgroups under division (C)(1)(f) of this section is a
"B" or higher.
For the metric prescribed by division (C)(1)(e) of this
section, the state board may adopt a student academic progress
measure to be used instead of the value-added progress dimension.
If the state board adopts such a measure, it also shall prescribe
a method for assigning letter grades for the new measure that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(f) The value-added progress dimension score of a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis, as determined by a method
prescribed by the state board. Each subgroup shall be a separate
graded measure.
The state board may adopt student academic progress measures
to be used instead of the value-added progress dimension. If the
state board adopts such measures, it also shall prescribe a method
for assigning letter grades for the new measures that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to a district or building for purposes of
division (C)(1)(g) of this section. The state board shall
designate for a "C" grade a value that is not lower than the
statewide average value for this measure. No grade shall be issued
under division (C)(1)(g) of this section for a district or
building in which less than five per cent of students have scored
below grade level on the kindergarten diagnostic assessment under
division (B)(1) of section 3313.608 of the Revised Code.
(2) In addition to the graded measures in division (C)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with the standards adopted under division (F) of section 3345.061
of the Revised Code;
(b) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(c) The number percentage of a district's or building's
students who have earned at least three college credits through
dual enrollment
advanced standing programs, such as the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or
statewide articulation, that appear on a student's college
transcript or other official document, either of which is issued
by the institution of higher education from which the student
earned the college credit. The credits earned that are reported
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(d) The percentage of the district's or building's students
who receive an honor's diploma under division (B) of section
3313.61 of the Revised Code;
(e) The percentage of the district's or building's students
who receive industry credentials;
(f) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations;
(g) The results of the college and career-ready assessments
administered under division (B)(1) of section 3301.0712 of the
Revised Code.
(3) The state board shall adopt rules pursuant to Chapter
119. of the Revised Code that establish a method to assign an
overall grade for a school district or school building for the
2014-2015 school year and each school year thereafter. The rules
shall group the performance measures in divisions (C)(1) and (2)
of this section into the following components:
(a) Gap closing, which shall include the performance measure
in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures
in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in
divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance measure
in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall
include the performance measure in division (C)(1)(g) of this
section;
(f) Prepared for success, which shall include the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of
this section. The state board shall develop a method to determine
a grade for the component in division (C)(3)(f) of this section
using the performance measures in divisions (C)(2)(a), (b), (c),
(d), (e), and (f) of this section. When available, the state board
may incorporate the performance measure under division (C)(2)(g)
of this section into the component under division (C)(3)(f) of
this section. When determining the overall grade for the prepared
for success component prescribed by division (C)(3)(f) of this
section, no individual student shall be counted in more than one
performance measure. However, if a student qualifies for more than
one performance measure in the component, the state board may, in
its method to determine a grade for the component, specify an
additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the state board shall ensure that the
pool of students included in the performance measures aggregated
under that division are all of the students included in the four-
and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this section,
the state board shall adopt a method for determining a grade for
each component in divisions (C)(3)(a) to (f) of this section. The
state board also shall establish a method to assign an overall
grade of "A," "B," "C," "D," or "F" using the grades assigned for
each component. The method the state board adopts for assigning an
overall grade shall give equal weight to the components in
divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods for calculating the overall
grade for the report card, as required by this division, the
department shall conduct a public presentation before the standing
committees of the house of representatives and the senate that
consider education legislation describing the format for the
report card, weights that will be assigned to the components of
the overall grade, and the method for calculating the overall
grade.
(D) Not later than July 1, 2015, the state board shall
develop a measure of student academic progress for high school
students. Beginning with the report card for the 2015-2016 school
year, each school district and applicable school building shall be
assigned a separate letter grade for this measure and the
district's or building's grade for that measure shall be included
in determining the district's or building's overall letter grade.
This measure shall be included within the measure prescribed in
division (C)(3)(c) of this section in the calculation for the
overall letter grade.
(E) The letter grades assigned to a school district or
building under this section shall be as follows:
(1) "A" for a district or school making excellent progress;
(2) "B" for a district or school making above average
progress;
(3) "C" for a district or school making average progress;
(4) "D" for a district or school making below average
progress;
(5) "F" for a district or school failing to meet minimum
progress.
(F) When reporting data on student achievement and progress,
the department shall disaggregate that data according to the
following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
(4) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(6) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are
economically disadvantaged;
(8) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(9) Performance of students grouped by those who are
classified as limited English proficient;
(10) Performance of students grouped by those who have
disabilities;
(11) Performance of students grouped by those who are
classified as migrants;
(12) Performance of students grouped by those who are
identified as gifted in superior cognitive ability and the
specific academic ability fields of reading and math pursuant to
Chapter 3324. of the Revised Code. In disaggregating specific
academic ability fields for gifted students, the department shall
use data for those students with specific academic ability in math
and reading. If any other academic field is assessed, the
department shall also include data for students with specific
academic ability in that field as well.
(13) Performance of students grouped by those who perform in
the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the state board.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(F)(1) to (13) of this section that it deems relevant.
In reporting data pursuant to division (F) of this section,
the department shall not include in the report cards any data
statistical in nature that is statistically unreliable or that
could result in the identification of individual students. For
this purpose, the department shall not report student performance
data for any group identified in division (F) of this section that
contains less than ten students. If the department does not report
student performance data for a group because it contains less than
ten students, the department shall indicate on the report card
that is why data was not reported.
(G) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(H) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(I) Division (I) of this section does not apply to conversion
community schools that primarily enroll students between sixteen
and twenty-two years of age who dropped out of high school or are
at risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
(1) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the report card issued
for the district under this section or section 3302.033 of the
Revised Code.
(2) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of determining the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(3) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors a community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may exercise either or both of the
following elections:
(a) To have data regarding the academic performance of
students enrolled in that community school combined with
comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district's report card;
(b) To have the number of students attending that community
school noted separately on the district's report card.
The election authorized under division (I)(3)(a) of this
section is subject to approval by the governing authority of the
community school.
Any municipal school district that exercises an election to
combine or include data under division (I)(3) of this section, by
the first day of October of each year, shall file with the
department documentation indicating eligibility for that election,
as required by the department.
(J) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(K)(1) In calculating English language arts, mathematics,
social studies, or science assessment passage rates used to
determine school district or building performance under this
section, the department shall include all students taking an
assessment with accommodation or to whom an alternate assessment
is administered pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and annual
measurable objectives for determining adequate yearly progress for
school districts and buildings under this section, the department
shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001," exclude for each district or building any limited English
proficient student who has been enrolled in United States schools
for less than one full school year.
(L) Beginning with the 2015-2016 school year and at least
once every three years thereafter, the state board of education
shall review and may adjust the benchmarks for assigning letter
grades to the performance measures and components prescribed under
divisions (C)(3) and (D) of this section.
Sec. 3302.036. (A) Notwithstanding anything in the Revised
Code to the contrary, the department of education shall not assign
an overall letter grade under division (C)(3) of section 3302.03
of the Revised Code for any school district or building for the
2014-2015 school year and shall not rank school districts,
community schools established under Chapter 3314. of the Revised
Code, or STEM schools established under Chapter 3326. of the
Revised Code under section 3302.21 of the Revised Code for that
school year. The report card ratings issued for the 2014-2015
school year shall not be considered in determining whether a
school district or a school is subject to sanctions or penalties.
However, the report card ratings of any previous or subsequent
years shall be considered in determining whether a school district
or building is subject to sanctions or penalties. Accordingly, the
report card ratings for the 2014-2015 school year shall have no
effect in determining sanctions or penalties, but shall not create
a new starting point for determinations that are based on ratings
over multiple years.
(B) The provisions from which a district or school is exempt
under division (A) of this section shall be the following:
(1) Any restructuring provisions established under this
chapter, except as required under the "No Child Left Behind Act of
2001";
(2) Provisions for the Columbus city school pilot project
under section 3302.042 of the Revised Code;
(3) Provisions for academic distress commissions under
section 3302.10 of the Revised Code;
(4) Provisions prescribing new buildings where students are
eligible for the educational choice scholarships under section
3310.03 of the Revised Code;
(5) Provisions defining "challenged school districts" in
which new start-up community schools may be located, as prescribed
in section 3314.02 of the Revised Code;
(6) Provisions prescribing community school closure
requirements under section 3314.35 or 3314.351 of the Revised
Code.
Sec. 3302.10. (A) Beginning July 1, 2007, the The
superintendent of public instruction shall establish an academic
distress commission for each school district that meets any
combination of the following conditions for three or more
consecutive years:
(1) The district has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code, as
that section existed prior to the effective date of this amendment
March 22, 2013, and has failed to make adequate yearly progress;
(2) The district has received a grade of "F" for the
performance index score and a grade of "D" or "F" for the
value-added progress dimension under division (A) or (B) of
section 3302.03 of the Revised Code;
(3) The district has received an overall grade of "F" under
division (C)(2) or of section 3302.03 of the Revised Code a grade
of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code;
(4) At least fifty per cent of the schools operated by the
district have received an overall grade of "D" or "F" under
division (C)(3) of section 3302.03 of the Revised Code.
Each commission shall assist the district for which it was
established in improving the district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this section, the superintendent of
public instruction shall provide written notification of that fact
to the district board of education and shall request the president
of the district board to submit to the superintendent of public
instruction, in writing, the names of the president's appointees
to the commission. The superintendent of public instruction and
the president of the district board shall make appointments to the
commission within thirty days after the district is notified that
it is subject to this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations relinquishing one or more of the rights
or responsibilities listed in division (C) of section 4117.08 of
the Revised Code, those stipulations are not enforceable and the
district board shall resume holding those rights or
responsibilities as if it had not relinquished them in that
agreement until such time as both the academic distress commission
ceases to exist and the district board agrees to relinquish those
rights or responsibilities in a new collective bargaining
agreement. The provisions of this paragraph apply to a collective
bargaining agreement entered into after September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(L) An academic distress commission shall cease to exist when
the district for which it was established receives a performance
rating of in need of continuous improvement or better, under
section 3302.03 of the Revised Code as that section existed prior
to the effective date of this amendment March 22, 2013, or a grade
of "C" or better for both the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added
progress dimension under division (A)(1)(e), (B)(1)(e), or
(C)(1)(e) of section 3302.03 of the Revised Code for two of the
three prior school years; however, the superintendent of public
instruction may dissolve the commission earlier if the
superintendent determines that the district can perform adequately
without the supervision of the commission. Upon termination of the
commission, the department of education shall compile a final
report of the commission's activities to assist other academic
distress commissions in the conduct of their functions.
Sec. 3302.15. (A) Notwithstanding anything to the contrary
in Chapter 3301. or 3302. of the Revised Code, the board of
education of a school district may submit to the superintendent of
public instruction a request for a waiver for up to five school
years from administering the state achievement assessments
required under sections 3301.0710 and 3301.0712 of the Revised
Code and related requirements specified under division (C)(2) of
this section. A district that obtains a waiver under this section
shall use the alternative assessment system, as proposed by the
district or school and as approved by the state superintendent, in
place of the assessments required under sections 3301.0710 and
3301.0712 of the Revised Code.
(B) To be eligible to submit a request for a waiver under
this section, a school district shall be a member of the Ohio
innovation lab network.
(C)(1) A request for a waiver under this section shall
contain the following:
(a) A timeline to develop and implement an alternative
assessment system for the school district;
(b) An overview of the proposed educational programs or
strategies to be offered by the school district;
(c) An overview of the proposed alternative assessment
system, including links to state-accepted and nationally accepted
metrics, assessments, and evaluations;
(d) An overview of planning details that have been
implemented or proposed and any documented support from
educational networks, established educational consultants, state
institutions of higher education as defined under section 3345.011
of the Revised Code, and employers or workforce development
partners;
(e) An overview of the capacity to implement the alternative
assessments, conduct the evaluation of teachers with alternative
assessments, and the reporting of student achievement data with
alternative assessments for the purpose the report card ratings
prescribed under section 3302.03 of the Revised Code, all of which
shall include any prior success in implementing innovative
educational programs or strategies, teaching practices, or
assessment practices;
(f) An acknowledgement by the school district of federal
funding that may be impacted by obtaining a waiver.
(2) The request for a waiver shall indicate the extent to
which exemptions from state or federal requirements regarding the
administration of the assessments required under sections
3301.0710 and 3301.0712 of the Revised Code are sought. Such items
from which a school district or school may be exempt are as
follows:
(a) The required administration of state assessments under
sections 3301.0710 and 3301.0712 of the Revised Code;
(b) The evaluation of teachers and administrators under
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111
of the Revised Code;
(c) The reporting of student achievement data for the purpose
of the report card ratings prescribed under section 3302.03 of the
Revised Code.
(D) Each request for a waiver shall include the signature of
all of the following:
(1) The superintendent of the school district;
(2) The president of the district board;
(3) The presiding officer of the labor organization
representing the district's or school's teachers, if any;
(4) If the district's teachers are not represented by a labor
organization, the principal and a majority of the administrators
and teachers of the district.
(E) Not later than thirty days after receiving a request for
a waiver, the state superintendent shall approve or deny the
waiver or may request additional information from the district.
The state superintendent shall not grant waivers to more than ten
school districts. A waiver granted to a school district shall be
contingent on an ongoing review and evaluation by the state
superintendent of the program for which the waiver was granted.
(F)(1) For the purpose of this section, the department of
education shall seek a waiver from the testing requirements
prescribed under the "No Child Left Behind Act of 2001," if
necessary to implement this section.
(2) The department shall create a mechanism for the
comparison of the alternative assessments prescribed under
division (C) of this section and the assessments required under
sections 3301.0710 and 3301.0712 of the Revised Code as it relates
to the evaluation of teachers and student achievement data for the
purpose of state report card ratings.
Sec. 3310.03. A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code and the student satisfies
one of the conditions in division (A), (B), (C), or (D) of this
section:
(A)(1) The student is enrolled in a school building operated
by the student's resident district that, on the report card issued
under section 3302.03 of the Revised Code published prior to the
first day of July of the school year for which a scholarship is
sought, did not receive a rating as described in division (H) of
this section, and to which any or a combination of any of the
following apply for two of the three most recent report cards
published prior to the first day of July of the school year for
which a scholarship is sought:
(a) The building was declared to be in a state of academic
emergency or academic watch under section 3302.03 of the Revised
Code as that section existed prior to March 22, 2013.
(b) The building received a grade of "D" or "F" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014
school year, or both; or if the building serves only grades ten
through twelve, the building received a grade of "D" or "F" for
the performance index score under division (A)(1)(b) or (B)(1)(b)
of section 3302.03 of the Revised Code and had a four-year
adjusted cohort graduation rate of less than seventy-five per
cent.
(c) The building received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(2) The student will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, will be at
least five years of age by the first day of January of the school
year for which a scholarship is sought, and otherwise would be
assigned under section 3319.01 of the Revised Code in the school
year for which a scholarship is sought, to a school building
described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building operated by
the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(1) of this section in
the school year for which the scholarship is sought.
(5) The student will be both enrolling in any of grades
kindergarten through twelve in this state for the first time and
at least five years of age by the first day of January of the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in the student's grade
level is automatically assigned to a particular school building;
(b) In the most recent rating published prior to the first
day of July of the school year for which scholarship is sought,
the district did not receive a rating described in division (H) of
this section, and in at least two of the three most recent report
cards published prior to the first day of July of that school
year, any or a combination of the following apply to the district:
(i) The district was declared to be in a state of academic
emergency under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(ii) The district received a grade of "D" or "F" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014
school year, or both.
(c) The district received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(6) Beginning in the 2016-2017 school year, the student is
enrolled in or will be enrolling in a building in the school year
for which the scholarship is sought that serves any of grades nine
through twelve and that received a grade of "D" or "F" for the
four-year adjusted cohort graduation rate under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the
Revised Code in two of the three most recent report cards
published prior to the first day of July of the school year for
which a scholarship is sought.
(B)(1) The student is enrolled in a school building operated
by the student's resident district and to which both of the
following apply:
(a) The building was ranked, for at least two of the three
most recent rankings published under section 3302.21 of the
Revised Code prior to the first day of July of the school year for
which a scholarship is sought, in the lowest ten per cent of all
public school buildings according to performance index score under
section 3302.21 of the Revised Code.
(b) The building was not declared to be excellent or
effective, or the equivalent of such ratings as determined by the
department of education, under section 3302.03 of the Revised Code
in the most recent rating published prior to the first day of July
of the school year for which a scholarship is sought.
(2) The student will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, will be at
least five years of age, as defined in section 3321.01 of the
Revised Code, by the first day of January of the school year for
which a scholarship is sought, and otherwise would be assigned
under section 3319.01 of the Revised Code in the school year for
which a scholarship is sought, to a school building described in
division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building operated by
the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (B)(1) of this section in
the school year for which the scholarship is sought.
(C) The student is enrolled in a nonpublic school at the time
the school is granted a charter by the state board of education
under section 3301.16 of the Revised Code and the student meets
the standards of division (B) of section 3310.031 of the Revised
Code.
(D) For the 2016-2017 school year and each school year
thereafter, the student is in any of grades kindergarten through
three, is enrolled in a school building that is operated by the
student's resident district or will be enrolling in any of grades
kindergarten through twelve in this state for the first time in
the school year for which a scholarship is sought, and to which
both of the following apply:
(1) The building, in at least two of the three most recent
ratings of school buildings published prior to the first day of
July of the school year for which a scholarship is sought,
received a grade of "D" or "F" for making progress in improving
literacy in grades kindergarten through three under division
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;
(2) The building did not receive a grade of "A" for making
progress in improving literacy in grades kindergarten through
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of
the Revised Code in the most recent rating published prior to the
first day of July of the school year for which a scholarship is
sought.
(E) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1), (B)(1), or (D) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(F)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section.
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (B)(1) of this section.
(3) The department shall cease awarding first-time
scholarships pursuant to division (D) of this section with respect
to a school building that, in the most recent ratings of school
buildings under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (D) of this section.
(4) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(E) of this section.
(G) The state board of education shall adopt rules defining
excused absences for purposes of division (E)(3) of this section.
(H)(1) A student who satisfies only the conditions prescribed
in divisions (A)(1) to (4) of this section shall not be eligible
for a scholarship if the student's resident building meets any of
the following in the most recent rating under section 3302.03 of
the Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The building has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(b) For the 2012-2013 or 2013-2014 school year or both, the
building has a grade of "A" or "B" for the performance index score
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the
Revised Code and for the value-added progress dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve,
the building received a grade of "A" or "B" for the performance
index score under division (A)(1)(b) or (B)(1)(b) of section
3302.03 of the Revised Code and had a four-year adjusted cohort
graduation rate of greater than or equal to seventy-five per cent.
(c) For the 2014-2015 school year or any school year
thereafter, the building has a grade of "A" or "B" under division
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"
for the value-added progress dimension under division (C)(1)(e) of
section 3302.03 of the Revised Code; or if the building serves
only grades ten through twelve, the building received a grade of
"A" or "B" for the performance index score under division
(C)(1)(b) of section 3302.03 of the Revised Code and had a
four-year adjusted cohort graduation rate of greater than or equal
to seventy-five per cent.
(2) A student who satisfies only the conditions prescribed in
division (A)(5) of this section shall not be eligible for a
scholarship if the student's resident district meets any of the
following in the most recent rating under section 3302.03 of the
Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The district has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to March 22, 2013.
(b) The district has a grade of "A" or "B" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 and
2013-2014 school years.
(c) The district has an overall grade of "A" or "B" under
division (C)(3) of section 3302.03 of the Revised Code and a grade
of "A" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
Sec. 3310.031. (A) The state board of education shall adopt
rules under section 3310.17 of the Revised Code establishing
procedures for granting educational choice scholarships to
eligible students attending a nonpublic school at the time the
state board grants the school a charter under section 3301.16 of
the Revised Code. The procedures shall include at least the
following:
(1) Provisions for extending the application period for
scholarships for the following school year, if necessary due to
the timing of the award of the nonpublic school's charter, in
order for students enrolled in the school at the time the charter
is granted to apply for scholarships for the following school
year;
(2) Provisions for notifying the resident districts of the
nonpublic school's students that the nonpublic school has been
granted a charter and that educational choice scholarships may be
awarded to the school's students for the following school year.
(B) A student who is enrolled in a nonpublic school at the
time the school's charter is granted is an eligible student if any
of the following applies:
(1) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district or in
a community school established under Chapter 3314. of the Revised
Code and, for the current or following school year, the student
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) or (B)(1)
of section 3310.03 of the Revised Code.
(2) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district and,
for the current or following school year, the student otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(6) of section 3310.03 of
the Revised Code.
(3) The student was not enrolled in any public or other
nonpublic school before the student enrolled in the nonpublic
school and, for the current or following school year, otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(1) or (6) or (B)(1) of
section 3310.03 of the Revised Code.
(3)(4) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district and,
during that school year, the building met the conditions described
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the
Revised Code.
(4)(5) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
community school established under Chapter 3314. of the Revised
Code but otherwise would have been assigned under section 3319.01
of the Revised Code to a school building that, during that school
year, met the conditions described in division (A)(1) or (B)(1) of
section 3310.03 of the Revised Code.
Sec. 3310.13. (A) No chartered nonpublic school shall charge
any student whose family income is at or below two hundred per
cent of the federal poverty guidelines, as defined in section
5101.46 of the Revised Code, a tuition fee that is greater than
the total amount paid for that student under section 3310.08 of
the Revised Code.
(B) A chartered nonpublic school may charge any other student
who is paid a scholarship under that section up to the difference
between the amount of the scholarship and the regular tuition
charge of the school. Each chartered nonpublic school shall may
permit such an eligible student's family, at the family's option,
to provide volunteer services in lieu of cash payment to pay all
or part of the amount of the school's tuition not covered by the
scholarship paid under section 3310.08 of the Revised Code.
Sec. 3310.14. Each (A) Except as provided in division (B) of
this section, each chartered nonpublic school that is not subject
to division (K)(1)(a) of section 3301.0711 of the Revised Code and
enrolls students awarded scholarships under sections 3310.01 to
3310.17 of the Revised Code annually shall administer the
assessments prescribed by section 3301.0710 or 3301.0712 of the
Revised Code to each scholarship student enrolled in the school in
accordance with section 3301.0711 of the Revised Code. Each
chartered nonpublic school that is subject to this section shall
report to the department of education the results of each
assessment administered to each scholarship student under this
section.
Nothing in this section requires a chartered nonpublic school
to administer any achievement assessment, except for an Ohio
graduation test prescribed by division (B)(1) of section 3301.0710
of the Revised Code, as required by section 3313.612 of the
Revised Code, to any student enrolled in the school who is not a
scholarship student.
(B) A chartered nonpublic school that meets the conditions
specified in division (K)(1)(c) of section 3301.0711 of the
Revised Code shall not be required to administer the elementary
assessments prescribed by division (A) of section 3301.0710 of the
Revised Code.
Sec. 3310.522. In order to maintain eligibility for a
scholarship under the program, a student shall take each
assessment prescribed by sections 3301.0710 and 3301.0712 of the
Revised Code, unless the student is excused from taking that
assessment under federal law or the student's individualized
education program or the student is enrolled in a chartered
nonpublic school that meets the conditions specified in division
(K)(1)(c) of section 3301.0711 of the Revised Code.
Each registered private provider that is not subject to
division (K)(1)(a) of section 3301.0711 of the Revised Code and
enrolls a student who is awarded a scholarship under this section
shall administer each assessment prescribed by sections 3301.0710
and 3301.0712 of the Revised Code to that student, unless the
student is excused from taking that assessment or the student is
enrolled in a chartered nonpublic school that meets the conditions
specified in division (K)(1)(c) of section 3301.0711 of the
Revised Code, and shall report to the department the results of
each assessment so administered.
Nothing in this section requires any chartered nonpublic
school that is a registered private provider to administer any
achievement assessment, except for an Ohio graduation test
prescribed by division (B)(1) of section 3301.0710 of the Revised
Code, as required by section 3313.612 of the Revised Code, to any
student enrolled in the school who is not a scholarship student.
Sec. 3311.24. (A)(1) Except as provided in division (B) of
this section, the board of education of a city, exempted village,
or local school district shall file with the state board of
education a proposal to transfer territory from such district to
an adjoining city, exempted village, or local school district in
any of the following circumstances:
(a) The district board deems the transfer advisable and, if
the portion of the district proposed to be transferred is five
acres or more, the board has obtained written consent to the
transfer from seventy-five per cent of the owners of parcels of
real property on the tax duplicate within that portion of the
district;
(b) A petition, signed by seventy-five per cent of the
qualified electors residing within that portion of a city,
exempted village, or local school district proposed to be
transferred voting at the last general election, requests such a
transfer;
(c) If no qualified electors reside in that portion of the
district proposed to be transferred, a petition, signed by
seventy-five per cent of the owners of parcels of real property on
the tax duplicate within that portion of the district, requests
such a transfer.
(2) The board of education of the district in which such
proposal originates shall file such proposal, together with a map
showing the boundaries of the territory proposed to be
transferred, with the state board of education prior to the first
day of April in any even-numbered year. The state board of
education may, if it is advisable, provide for a hearing in any
suitable place in any of the school districts affected by such
proposed transfer of territory. The state board of education or
its representatives shall preside at any such hearing.
(3) A board of education of a city, exempted village, or
local school district that receives a petition of transfer signed
by electors of the district under division (A)(1)(b) of this
section shall cause the board of elections to check the
sufficiency of signatures on the petition. A board of education of
a city, exempted village, or local school district that receives
written consent or a petition of transfer signed by owners of
parcels of real property under division (A)(1)(a) or (c) of this
section shall cause the county auditor to check the sufficiency of
signatures on the consent or petition.
(4) Not later than the first day of September the state board
of education shall either approve or disapprove a proposed
transfer of territory filed with it as provided by this section
and shall notify, in writing, the boards of education of the
districts affected by such proposed transfer of territory of its
decision.
If the decision of the state board of education is an
approval of the proposed transfer of territory then the board of
education of the district in which the territory is located shall,
within thirty days after receiving the state board of education's
decision, adopt a resolution transferring the territory and shall
forthwith submit a copy of such resolution to the treasurer of the
board of education of the city, exempted village, or local school
district to which the territory is transferred. Such transfer
shall not be complete however, until:
(a) A resolution accepting the transfer has been passed by a
majority vote of the full membership of the board of education of
the city, exempted village, or local school district to which the
territory is transferred;
(b) An Subject to section 3311.241 of the Revised Code, if
applicable, an equitable division of the funds and indebtedness
between the districts involved has been made by the board of
education making the transfer;
(c) A map showing the boundaries of the territory transferred
has been filed, by the board of education accepting the transfer,
with the county auditor of each county affected by the transfer.
When such transfer is complete the legal title of the school
property in the territory transferred shall be vested in the board
of education or governing board of the school district to which
the territory is transferred.
(B) Whenever the transfer of territory pursuant to this
section is initiated by a board of education, the board shall,
before filing a proposal for transfer with the state board of
education under this section, make a good faith effort to
negotiate the terms of transfer with any other school district
whose territory would be affected by the transfer. Before the
state board may hold a hearing on the transfer, or approve or
disapprove any such transfer, it must receive the following:
(1) A resolution requesting approval of the transfer passed
by the school district submitting the proposal and, if applicable,
evidence of the consent of affected property owners to the
transfer;
(2) Evidence determined to be sufficient by the state board
to show that good faith negotiations have taken place or that the
district requesting the transfer has made a good faith effort to
hold such negotiations;
(3) If any negotiations took place, a statement signed by all
boards that participated in the negotiations, listing the terms
agreed on and the points on which no agreement could be reached.
Negotiations held pursuant to this section shall be governed
by the rules adopted by the state board under division (D) of
section 3311.06 of the Revised Code. Districts involved in a
transfer under division (B) of this section may agree to share
revenues from the property included in the territory to be
transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
Sec. 3311.241. (A) In the case of a voluntary transfer of
the territory of a school district in accordance with section
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised
Code, and where the transfer is initiated under either of those
sections not later than December 31, 2015, and results in the
complete consolidation and dissolution of the transferring
district, the net indebtedness owed to the solvency assistance
fund created under section 3316.20 of the Revised Code by the
transferring district shall be canceled, provided that all of the
following conditions are satisfied:
(1) The amount owed by the transferring district to the
solvency assistance fund is greater than or equal to thirty-three
per cent of the transferring school district's operating budget
for the current fiscal year, but does not exceed ten million
dollars.
(2) The transferring district has remained in a state of
fiscal emergency pursuant to section 3316.03 of the Revised Code
during the previous two fiscal years.
(3) The acquiring district is in the same county or in a
county contiguous to the county in which the transferring district
is located.
(4) The acquiring district has voluntarily accepted the
transfer.
(5) The acquiring district has submitted to the state board
of education a five-year written projection of solvency which
takes into account the fiscal effects of acquiring the
transferring district.
(B) If the conditions in division (A) of this section are
satisfied, the acquiring district shall acquire the transferring
district's territory free and clear of any amount owed by the
transferring district to the solvency assistance fund. However,
the acquiring district shall assume the obligations of all other
liens, encumbrances, and debts of the transferring district.
(C) Upon the making of a transfer pursuant to this section,
the board of education of the transferring district is thereby
abolished, and the district is thereby dissolved.
(D) The director of budget and management may transfer any
available moneys from the general revenue fund, appropriated for
operating payments to schools, into the solvency assistance fund
to replace the amount owed by a transferring school district
forgone under division (A) of this section.
Sec. 3311.25. (A) Notwithstanding any other provision of
this chapter, two or more city, local, or exempted village school
districts whose territory is primarily located within the same
county may be merged as provided in this section, if the districts
satisfy either of the following conditions:
(1) The territory of the districts is primarily located
within the same county, and that county has a population of less
than one hundred thousand, as determined by the most recent
federal decennial census.
(2) The territory of the districts is located in contiguous
counties, at least one of which has a population of less than one
hundred thousand as determined by the most recent federal
decennial census, and the boundaries of the districts are
contiguous.
(B) A petition may be filed with the board of elections
proposing that two or more school districts whose territory is
primarily located within a county meeting the qualifications of
division (A)(1) or (2) of this section form a commission to study
the proposed merger of the school districts. The
In the case of districts that meet the qualifications of
division (A)(1) of this section, the petition shall be filed with
the board of elections of the county in which the territory of the
districts is primarily located. In the case of districts that meet
the qualifications of division (A)(2) of this section, the
petition shall be filed with the board of elections of the county
with the largest population of all of the counties in which the
territory of the districts is located, as determined by the most
recent federal decennial census.
The petition may be presented in separate petition papers.
Each petition paper shall contain, in concise language, the
purpose of the petition and the names of five electors of each
school district proposed to be merged to serve as commissioners on
the merger study commission. The petition shall be governed by the
rules of section 3501.38 of the Revised Code.
A petition filed under this section shall contain signatures
of electors of each school district proposed to be merged,
numbering not less than ten per cent of the number of electors
residing in that district who voted for the office of governor at
the most recent general election for that office. The petition
shall be filed with the board of elections of the county described
by division (A) of this section. The board of elections of the
county in which the petition is required to be filed shall
ascertain the validity of all signatures on the petition and may
require the assistance of boards of elections of other counties if
any of the school districts proposed to be merged are located
partially or entirely in a county other than the one in which the
petition is required to be filed.
If the board of elections determines that the petition is
sufficient, no other petition may be filed under this section to
propose the merger of a school district proposed to be merged
under the petition that has been determined to be sufficient
unless one of the following occurs:
(1) The petition that has been determined to be sufficient is
rejected by the district's voters under division (C) of this
section.
(2) The petition that has been determined to be sufficient is
approved by the district's voters under division (C) of this
section, but the merger study commission determines that a merger
is not desirable under division (E)(4) of this section.
(3) The petition that has been determined to be sufficient is
approved by the district's voters under division (C) of this
section, but the conditions of merger agreed upon the merger
commission are disapproved by the district's voters under division
(F) of this section.
(C)(1) If the board of elections of the county in which the
petition is required to be filed determines that the petition is
sufficient, the board shall submit the following question for the
approval or rejection of the electors of each school district
proposed to be merged at the next general election occurring at
least ninety days after the date the petition is filed: "Shall a
commission be established to study the proposed merger of any or
all of the school districts in this county and, if a merger is
considered desirable, to draw up a statement of conditions for
that proposed merger the proposed merger of ............ (name of
school district in which the question is being voted upon) with
one or more of the following school districts: ............ (names
of the other school districts listed in the petition)?" The ballot
shall include, for each of the school districts proposed to be
merged, the names of the five electors identified in the petition,
who shall constitute the commissioners on behalf of that district.
(2) If any of the school districts for which merger is
proposed are located partially or entirely in a county other than
the one in which the petition is required to be filed, the board
of elections of the county in which the petition is required to be
filed shall, if the petition is found to be sufficient, certify
the sufficiency of that petition and the statement of the issue to
be voted on to the boards of elections of those other counties.
The boards of those other counties shall submit the question of
merging and the names of candidates to be elected to the
commission for the approval or rejection of electors in the
portions of the school districts proposed to be merged or portions
thereof that are located within their respective counties. Upon
the holding of the election, those boards shall certify the
results to the board of elections of the county in which the
petition is required to be filed.
(D) A petition shall not be deemed insufficient for all
school districts proposed to be merged if it contains the
signatures of less than ten per cent of the electors who voted for
the office of governor at the most recent general election for
that office in a particular school district. If the petition
contains a sufficient number of signatures and is otherwise
determined by the board of elections to be sufficient for at least
two school districts proposed to be merged, the board shall submit
the question of the proposed merger for the approval or rejection
of voters under division (C) of this section in each of the
districts for which the petition was determined to be sufficient.
The board shall not submit the question of the proposed merger for
the approval or rejection of voters under division (C) of this
section for any school district for which a petition contains an
insufficient number of signatures or for which the board otherwise
determines the petition to be insufficient.
(E)(1) If the question of forming a merger study commission
as provided in division (C) of this section is approved by a
majority of those voting on it in at least two school districts,
the commission shall be established and the five candidates from
each school district in which the question was approved shall be
elected to the commission to study the proposed merger and to
formulate any conditions of any proposed merger if a merger is
considered desirable after study by the commission. Any school
district that disapproved of the question of forming a merger
study commission by a majority of those voting on it shall not be
included in, and its proposed candidates shall not be elected to,
the commission.
(2) The first meeting of the commission shall be held in the
regular meeting place of the board of county commissioners of the
county in which the petition is required to be filed, at nine a.m.
on the tenth day after the certification of the election by the
last of the respective boards of elections to make such
certification, unless that day is a Saturday, Sunday, or a
holiday, in which case the first meeting shall be held on the next
day thereafter that is not a Saturday, Sunday, or holiday. The
president of the school board of the school district with the
largest population of the districts that approved the question of
forming a merger study commission under division (C) of this
section shall serve as temporary chairperson until permanent
officers are elected. The commission shall immediately elect its
own permanent officers and shall proceed to meet as often as
necessary to study the proposed merger, determine whether a
proposed merger is desirable, and formulate any conditions for any
proposed merger. All meetings of the commission shall be subject
to the requirements of section 121.22 of the Revised Code.
(3) The conditions for a proposed merger may provide for the
election of school board members for the new school district and
any other conditions that a majority of the members of the
commission from each school district find necessary. The
conditions for the proposed merger also may provide that the
merger, if approved, shall not become effective until the date on
which any required changes in state law necessary for the school
district merger to occur become effective.
(4) As soon as the commission determines that a merger is not
desirable or finalizes the conditions for a proposed merger, the
commission shall report this fact, and the name of each school
district proposed for merger in which the majority of the
district's commissioners have agreed to the conditions for merger,
to the board of elections of each of the counties in which the
school districts proposed for merger or portions thereof are
located.
The question shall be submitted to the voters in each school
district in which the majority of the district's commissioners
have agreed to the conditions for merger at the next general
election occurring after the commission is elected. The question
shall not be submitted to the voters in any school district in
which a majority of that district's commissioners have not agreed
to the conditions for merger. The board of elections shall not
submit the conditions for merger to the voters in any district if
the conditions for merger include the merging of any district in
which the majority of that district's commissioners have not
agreed to the conditions for merger.
The boards of elections shall submit the conditions of
proposed merger for the approval or rejection of the electors in
the portions of the school districts proposed to be merged or
portions thereof within their respective counties. Upon the
holding of that election, the boards of elections shall certify
the results to the board of elections of the county in which the
petition is required to be filed.
Regardless of whether the commission succeeds in reaching
agreement, the commission shall cease to exist on the ninetieth
day prior to the next general election after the commission is
elected.
(F) If the conditions of merger agreed upon by the merger
commission are disapproved by a majority of those voting on them
in any school district proposed to be merged, the merger shall not
occur, unless the conditions of merger provide for a merger to
occur without the inclusion of that district and the conditions of
merger are otherwise met. No district in which the conditions of
merger are disapproved by a majority of those voting on them shall
be included in any merger resulting from that election. If the
conditions of merger are approved by a majority of those voting on
them in each school district proposed to be merged, or if the
conditions of merger provide for a merger to occur without the
inclusion of one or more districts in which the conditions of
merger are disapproved by a majority of those voting on them, the
merger shall be effective on the date specified in the conditions
of the merger, unless the conditions of merger specify changes
required to be made in state law for the merger to occur, in which
case the merger shall be effective on the date on which those
changes to state law become effective.
Sec. 3311.251. (A) In the case of a merger of two or more
school districts in accordance with section 3311.25 of the Revised
Code where the merger process is initiated under that section not
later than December 31, 2015, the net indebtedness owed to the
solvency assistance fund created under section 3316.20 of the
Revised Code by a merging district shall be canceled if that
district satisfies all of the following conditions:
(1) The amount owed by the merging district to the solvency
assistance fund is greater than or equal to thirty-three per cent
of the merging school district's operating budget for the current
fiscal year, but does not exceed ten million dollars.
(2) The merging district has remained in a state of fiscal
emergency pursuant to section 3316.03 of the Revised Code during
the previous two fiscal years.
(3) The district that results from the merger is in the same
county or in a county contiguous to the county in which the
merging district is located.
(4) The district that results from the merger has submitted
to the state board of education a five-year written projection of
solvency which takes into account the fiscal effects of acquiring
the merging district.
(B) If the conditions in division (A) of this section are
satisfied by a merging district, the district that results from
the merger shall acquire that merging district's territory free
and clear of any amount owed by that merging district to the
solvency assistance fund. However, the district that results from
the merger shall assume the obligations of all other liens,
encumbrances, and debts of that merging district, as well as the
obligations of all of the liens, encumbrances, and debts of all of
the other merging districts that do not satisfy the conditions in
division (A) of this section.
(C) Upon the merger of two or more districts pursuant to this
section, the boards of education of the merging districts are
thereby abolished, and the districts are thereby dissolved.
(D) The director of budget and management may transfer any
available moneys from the general revenue fund, appropriated for
operating payments to schools, into the solvency assistance fund
to replace the amount owed by a merging school district forgone
under division (A) of this section.
Sec. 3311.38. The state board of education may conduct, or
may direct the superintendent of public instruction to conduct,
studies where there is evidence of need for transfer of local,
exempted village, or city school districts, or parts of any such
districts, to contiguous or noncontiguous local, exempted village,
or city school districts. Such studies shall include a study of
the effect of any proposal upon any portion of a school district
remaining after such proposed transfer. The state board, in
conducting such studies and in making recommendations as a result
thereof, shall consider the possibility of improving school
district organization as well as the desires of the residents of
the school districts which would be affected.
(A) After the adoption of recommendations growing out of any
such study, or upon receipt of a resolution adopted by majority
vote of the full membership of the board of any city, local, or
exempted village school district requesting that the entire
district be transferred to another city, local, or exempted
village school district, the state board may propose by resolution
the transfer of territory, which may consist of part or all of the
territory of a local, exempted village, or city school district to
a contiguous local, exempted village, or city school district.
The state board shall thereupon file a copy of such proposal
with the board of education of each school district whose
boundaries would be altered by the proposal and with the governing
board of any educational service center in which such school
district is located.
The state board may, not less than thirty days following the
adoption of the resolution proposing the transfer of territory,
certify the proposal to the board of elections of the county or
counties in which any of the territory of the proposed district is
located, for the purpose of having the proposal placed on the
ballot at the next general election or at a primary election
occurring not less than ninety days after the adoption of such
resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the state
board, the proposal of the state board shall not be placed on the
ballot while the previously initiated proposal is subject to an
election.
Upon certification of a proposal to the board of elections of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, containing territory proposed to be transferred.
If the proposed transfer be approved by a majority of the
electors voting on the proposal, the state board, subject to the
approval of the board of education of the district to which the
territory would be transferred, shall make such transfer prior to
the next succeeding July 1.
(B) If a study conducted in accordance with this section
involves a school district with less than four thousand dollars of
assessed value for each pupil in the total student count
determined under section 3317.03 of the Revised Code, the state
board of education, with the approval of the educational service
center governing board, and upon recommendation by the state
superintendent of public instruction, may by resolution transfer
all or any part of such a school district to any city, exempted
village, or local school district which has more than twenty-five
thousand pupils in average daily membership. Such resolution of
transfer shall be adopted only after the board of education of the
receiving school district has adopted a resolution approving the
proposed transfer. For the purposes of this division, the assessed
value shall be as certified in accordance with section 3317.021 of
the Revised Code.
(C) Upon Subject to section 3311.241 of the Revised Code, if
applicable, upon the making of a transfer of an entire school
district pursuant to this section, the indebtedness of the
district transferred shall be assumed in full by the acquiring
district and the funds of the district transferred shall be paid
over in full to the acquiring district.
(D) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the net indebtedness
of each original district of which only a part is taken by the
acquiring district shall be apportioned between the acquiring
district and the original district in the ratio which the assessed
valuation of the part taken by the acquiring district bears to the
assessed valuation of the original district as of the effective
date of the transfer. As used in this section "net indebtedness"
means the difference between the par value of the outstanding and
unpaid bonds and notes of the school district and the amount held
in the sinking fund and other indebtedness retirement funds for
their redemption.
(E) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the funds of the
district from which territory was transferred shall be divided
equitably by the state board between the acquiring district and
that part of the former district remaining after the transfer.
(F) If an entire school district is transferred, the board of
education of such district is thereby abolished. If part of a
school district is transferred, any member of the board of
education who is a legal resident of that part which is
transferred shall thereby cease to be a member of that board.
If an entire school district is transferred, foundation
program moneys accruing to a district accepting school territory
under the provisions of this section shall not be less, in any
year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer became effective.
Sec. 3311.86. (A) As used in this section:
(1) "Alliance" means a municipal school district
transformation alliance established as a nonprofit corporation.
(2) "Alliance municipal school district" means a municipal
school district for which an alliance has been created under this
section.
(3) "Partnering community school" means a community school
established under Chapter 3314. of the Revised Code that is
located within the territory of a municipal school district and
that either is sponsored by the district or is a party to an
agreement with the district whereby the district and the community
school endorse each other's programs.
(4) "Transformation alliance education plan" means a plan
prepared by the mayor, and confirmed by the alliance, to transform
public education in the alliance municipal school district to a
system of municipal school district schools and partnering
community schools that will be held to the highest standards of
school performance and student achievement.
(B) If one or more partnering community schools are located
in a municipal school district, the mayor may initiate proceedings
to establish a municipal school district transformation alliance
as a nonprofit corporation under Chapter 1702. of the Revised
Code. The mayor shall have sole authority to appoint the directors
of any alliance created under this section. The directors of the
alliance shall include representatives of all of the following:
(1) The municipal school district;
(2) Partnering community schools;
(3) Members of the community at large, including parents and
educators;
(4) The business community, including business leaders and
foundation leaders.
No one group listed in divisions (B)(1) to (4) of this
section shall comprise a majority of the directors. The mayor
shall be an ex officio director, and serve as the chairperson of
the board of directors, of any alliance created under this
section. If the proceedings are initiated, the mayor shall
identify the directors in the articles of incorporation filed
under section 1702.04 of the Revised Code.
(C)(1) A majority of the members of the board of directors of
the alliance shall constitute a quorum of the board. Any formal
action taken by the board of directors shall take place at a
meeting of the board and shall require the concurrence of a
majority of the members of the board. Meetings of the board of
directors shall be public meetings open to the public at all
times, except that the board and its committees and subcommittees
may hold an executive session, as if it were a public body with
public employees, for any of the purposes for which an executive
session of a public body is permitted under division (G) of
section 121.22 of the Revised Code, notwithstanding that the
alliance is not a public body as defined in that section, and its
employees are not public employees as provided in division (F) of
this section. The board of directors shall establish reasonable
methods whereby any person may determine the time and place of all
of the board's public meetings and by which any person, upon
request, may obtain reasonable advance notification of the board's
public meetings. Provisions for that advance notification may
include, but are not limited to, mailing notices to all
subscribers on a mailing list or mailing notices in
self-addressed, stamped envelopes provided by the person.
(2) All records of the alliance shall be organized and
maintained by the alliance and also filed with the department of
education. The alliance and the department shall make those
records available to the public as though those records were
public records for purposes of Chapter 149. of the Revised Code.
The department shall promptly notify the alliance upon the
department's receipt of any requests for records relating to the
alliance pursuant to section 149.43 of the Revised Code.
(3) The board of directors of the alliance shall establish a
conflicts of interest policy and shall adopt that policy, and any
amendments to the policy, at a meeting of the board held in
accordance with this section.
(D)(1) If an alliance is created under this section, the
alliance shall do all of the following:
(1)(a) Report annually on the performance of all municipal
school district schools and all community schools established
under Chapter 3314. of the Revised Code and located in the
district, using the criteria adopted under division (B) of section
3311.87 of the Revised Code;
(2)(b) Confirm and monitor implementation of the
transformation alliance education plan;
(3)(c) Suggest national education models for and provide
input in the development of new municipal school district schools
and partnering community schools.
(2) If an alliance is created under this section, the
department of education may request alliance comment, or the
alliance independently may offer comment to the department, on the
granting, renewal, or extension of an agreement with a sponsor of
community schools under section 3314.015 of the Revised Code when
the sponsor has existing agreements with a community school
located in an alliance municipal school district. If the alliance
makes comments, those comments shall be considered by the
department prior to making its decision whether to grant, renew,
or extend the agreement.
(3) If an alliance is created under this section, a board of
education of a school district or governing board of an
educational service center may request alliance comment, or the
alliance independently may offer comment to the board or governing
board, on the conversion to a community school of a public school
or a building operated by the governing board of an educational
service center. If the alliance makes comments, those comments
shall be considered by the parties prior to entering into a
preliminary agreement under section 3314.02 of the Revised Code.
For purposes of divisions (D)(2) and (3) of this section,
comments by the alliance shall be based on the criteria
established under division (A) of section 3311.87 of the Revised
Code.
(E) Divisions (E)(1) to (3) of this section apply to each
community school sponsor that is subject to approval by the
department of education under section 3314.015 of the Revised Code
whose approval under that section is granted or, renewed, or
extended on or after October 1, 2012. Divisions (E)(1) to (3) of
this section do not apply to a sponsor that has been approved by
the department prior to that date, until the sponsor's approval is
renewed or, granted anew, or extended on or after that date.
(1) Before a sponsor to which this section applies may
sponsor new community schools in an alliance municipal school
district, the sponsor shall request recommendation from the
alliance to sponsor community schools in the district.
(2) The alliance shall review the sponsor's application
request and shall make a recommendation to the department based on
the standards for sponsors developed under division (A)(2) of
section 3311.87 of the Revised Code.
(3) The department shall use the standards developed under
division (A)(2) of section 3311.87 of the Revised Code, in
addition to any other requirements of the Revised Code, to review
a sponsor's request and make a final determination, on
recommendation of the alliance, of whether the sponsor may sponsor
new community schools in the alliance municipal school district.
No sponsor shall be required to receive authorization to
sponsor new community schools under division (E)(3) of this
section more than one time.
(F) Directors, officers, and employees of an alliance are not
public employees or public officials, are not subject to Chapters
124., 145., and 4117. of the Revised Code, and are not "public
officials" or "public servants" as defined in section 2921.01 of
the Revised Code. Membership on the board of directors of an
alliance does not constitute the holding of an incompatible public
office or employment in violation of any statutory or common law
prohibition against the simultaneous holding of more than one
public office or employment. Members of the board of directors of
an alliance are not disqualified from holding any public office by
reason of that membership, and do not forfeit by reason of that
membership the public office or employment held when appointed to
the board, notwithstanding any contrary disqualification or
forfeiture requirement under the Revised Code or the common law of
this state.
(G) The authority to establish an alliance under this section
expires on January 1, 2018. Any alliance established under this
section is terminated, and any related authority granted to the
alliance under this section expires on that date.
Sec. 3313.21. (A) The board of education of each school
district shall be the sole authority in determining and selecting
all of the following to be used in the schools under its control:
(1) Textbooks, pursuant to section 3329.08 of the Revised
Code, and reading lists;
(2) Instructional materials;
(B) The board of education of each school district may permit
educators to create instructional materials, including textbooks,
that are consistent with the curriculum adopted by the district
board for use in the educators' classrooms.
(C) Nothing in this section is intended to promote or
encourage the utilization of any particular text or source
material on a statewide basis.
Sec. 3313.212. The board of education of each school district
shall provide an opportunity for parents to review the selection
of textbooks and reading lists, instructional materials, and the
academic curriculum used by schools in the district. The board
shall establish a parental advisory committee or another method
for review, as determined appropriate by the board, to meet this
requirement.
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, a building, to reduce energy
consumption. It includes:
(1) Insulation of the building structure and systems within
the building;
(2) Storm windows and doors, multiglazed windows and doors,
heat absorbing or heat reflective glazed and coated window and
door systems, additional glazing, reductions in glass area, and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation measure.
(B) A board of education of a city, exempted village, local,
or joint vocational school district may enter into an installment
payment contract for the purchase and installation of energy
conservation measures. The provisions of such installment payment
contracts dealing with interest charges and financing terms shall
not be subject to the competitive bidding requirements of section
3313.46 of the Revised Code, and shall be on the following terms:
(1) Not less than one-fifteenth of the costs thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be paid
within fifteen years from the date of purchase.
The provisions of any installment payment contract entered
into pursuant to this section shall provide that all payments,
except payments for repairs and obligations on termination of the
contract prior to its expiration, be stated as a percentage of
shall not exceed the calculated energy, water, or waste water cost
savings, avoided operating costs, and avoided capital costs
attributable to the one or more measures over a defined period of
time. Those payments shall be made only to the extent that the
savings described in this division actually occur. The contractor
shall warrant and guarantee that the energy conservation measures
shall realize guaranteed savings and shall be responsible to pay
an amount equal to any savings shortfall.
An installment payment contract entered into by a board of
education under this section shall require the board to contract
in accordance with division (A) of section 3313.46 of the Revised
Code for the installation, modification, or remodeling of energy
conservation measures unless division (A) of section 3313.46 of
the Revised Code does not apply pursuant to division (B)(3) of
that section, in which case the contract shall be awarded through
a competitive selection process pursuant to rules adopted by the
school facilities commission.
An installment payment contract entered into by a board of
education under this section may include services for measurement
and verification of energy savings associated with the guarantee.
The annual cost of measurement and verification services shall not
exceed ten per cent of the guaranteed savings in any year of the
installment payment contract.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing
the notes, the board may provide, without the vote of the electors
of the district, for annually levying and collecting taxes in
amounts sufficient to pay the interest on and retire the notes,
except that the total net indebtedness of the district without a
vote of the electors incurred under this and all other sections of
the Revised Code, except section 3318.052 of the Revised Code,
shall not exceed one per cent of the district's tax valuation.
Revenues derived from local taxes or otherwise, for the purpose of
conserving energy or for defraying the current operating expenses
of the district, may be applied to the payment of interest and the
retirement of such notes. The notes may be sold at private sale or
given to the contractor under the installment payment contract
authorized by division (B) of this section.
(D) Debt incurred under this section shall not be included in
the calculation of the net indebtedness of a school district under
section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it
first obtains a report of the costs of the energy conservation
measures and the savings thereof as described under division (G)
of section 133.06 of the Revised Code as a requirement for issuing
energy securities, makes a finding that the amount spent on such
measures is not likely to exceed the amount of money it would save
in energy costs and resultant operational and maintenance costs as
described in that division, except that that finding shall cover
the ensuing fifteen years, and the Ohio school facilities
commission determines that the district board's findings are
reasonable and approves the contract as described in that
division.
The district board shall monitor the savings and maintain a
report of those savings, which shall be submitted to the
commission in the same manner as required by division (G) of
section 133.06 of the Revised Code in the case of energy
securities.
Sec. 3313.536. (A) As used in this section:
(1) "Administrator" means the superintendent, principal, or
chief administrative officer, or equivalent, or other person
having supervisory authority of any of the following:
(a) A city, exempted village, local, or joint vocational
school district;
(b) A community school established under Chapter 3314. of the
Revised Code, as required through reference in division (A)(11)(d)
of section 3314.03 of the Revised Code;
(c) A STEM school established under Chapter 3326. of the
Revised Code, as required through reference in section 3326.11 of
the Revised Code;
(d) A district or school operating a career-technical
education program approved by the department of education under
section 3317.161 of the Revised Code;
(e) A chartered nonpublic school;
(f) An educational service center;
(g) A school or facility operating a program that serves
children with a scholarship under the autism scholarship program,
under section 3310.41 of the Revised Code, or the Jon Peterson
special needs scholarship program, under sections 3310.51 to
3310.64 of the Revised Code;
(h) A privately operated child day-care center;
(i) A preschool that is subject to regulation by the
department of education;
(j) Any other facility primarily serving children that is
subject to regulation by the department of education.
(2) "Emergency management test" means a regularly scheduled
drill, exercise, or activity designed to assess and evaluate an
emergency management plan under this section.
(3) "School" means any school, facility, center, or preschool
described in divisions (A)(1)(a) to (j) of this section.
(B)(1) Each administrator shall develop and adopt a
comprehensive emergency management plan for each school building
under the administrator's control. The administrator shall examine
the environmental conditions and operations of each building to
determine potential hazards to student and staff safety and shall
propose operating changes to promote the prevention of potentially
dangerous problems and circumstances. In developing the plan for
each building, the administrator shall involve community law
enforcement and safety officials, parents of students who are
assigned to the building, and teachers and nonteaching employees
who are assigned to the building. The administrator shall consider
incorporating remediation strategies into the plan for any
building where documented safety problems have occurred.
(2) Each administrator shall also incorporate into the
emergency management plan adopted under division (B)(1) of this
section all of the following:
(a) A protocol for addressing serious threats to the safety
of school property, students, employees, or administrators;
(b) A protocol for responding to any emergency events that
occur and compromise the safety of school property, students,
employees, or administrators;
(c) A floor plan that is unique to each floor of the school
building;
(d) A site plan that includes all school property and
surrounding property;
(e) An emergency contact information sheet.
(3) Each protocol described in divisions (B)(2)(a) and (b) of
this section shall include procedures determined to be appropriate
by the administrator for responding to threats and emergency
events, respectively, including such things as notification of
appropriate law enforcement personnel, calling upon specified
emergency response personnel for assistance, and informing parents
of affected students.
Prior to the first day of July of each year, the
administrator shall inform each student or child enrolled in the
school and the student's or child's parent of the parental
notification procedures included in the protocol.
(4) Each administrator shall keep a copy of the emergency
management plan adopted pursuant to this section in a secure
place.
(C)(1) Not later than December 31, 2014, each administrator
shall submit to the department of education, in accordance with
rules adopted by the state board of education pursuant to division
(F) of this section, an electronic copy of the emergency
management plan prescribed by division (B) of this section.
(2) Not later than a date prescribed by the department of
education, each administrator also shall file a copy of the plan
with each law enforcement agency that has jurisdiction over the
school building and, upon request, to any of the following:
(a) The fire department that serves the political subdivision
in which the building is located;
(b) The emergency medical service organization that serves
the political subdivision in which the building is located;
(c) The county emergency management agency for the county in
which the building is located.
(3) Not later than thirty days after receiving an emergency
management plan from an administrator, the department of education
shall file a copy of the administrator's plan, in accordance with
rules adopted by the state board of education pursuant to division
(F) of this section, with both of the following:
(a) The attorney general, who shall post that information on
the Ohio law enforcement gateway or the successor;
(b) The director of public safety, who shall post the
information on the contact and information management system.
(4) Any department or entity to which copies of an emergency
management plan are filed under this section shall keep the copies
in a secure place.
(D)(1) Not later than the first day of July of each year,
each administrator shall review the emergency management plan and
send written notification to the department of education
certifying that the plan is current and accurate.
(2) Each administrator shall update the emergency management
plan at least once every three years. Each administrator also
shall update the plan whenever either of the following occurs:
(a) A major modification to the school building requires
changes to the plan.
(b) Information on the emergency contact information sheet is
no longer accurate and requires changes to the plan.
(3) Anytime that an administrator updates the emergency
management plan pursuant to division (D) of this section, the
administrator shall file copies, not later than the thirtieth day
after the revision is adopted and in accordance with rules adopted
by the state board pursuant to division (F) of this section, to
the department of education and to any entity with which the
administrator filed a copy under division (C)(2) of this section.
(E) Each administrator shall do both of the following:
(1) Prepare and conduct at least one annual emergency
management test, as defined in division (A)(2) of this section, in
accordance with rules adopted by the state board pursuant to
division (F) of this section;
(2) Grant access to each building under the control of the
administrator to law enforcement personnel and to entities
described in division (C)(2) of this section, to enable the
personnel and entities to hold training sessions for responding to
threats and emergency events affecting the school building,
provided that the access occurs outside of student instructional
hours and an employee of the administrator is present in the
building during the training sessions.
(F) The state board of education, in accordance with Chapter
119. of the Revised Code, shall adopt rules regarding emergency
management plans under this section, including the content of the
plans and procedures for filing the plans. The rules shall specify
that plans and information required under division (B) of this
section be submitted on standardized forms developed by the
department of education for such purpose. The rules shall also
specify the requirements and procedures for emergency management
tests conducted pursuant to division (E)(1) of this section.
(G) Division (B) of section 3319.31 of the Revised Code
applies to any administrator who is subject to the requirements of
this section and is not exempt under division (H) of this section
and who is an applicant for a license or holds a license from the
state board pursuant to section 3319.22 of the Revised Code.
(H) The superintendent of public instruction may exempt any
administrator from the requirements of this section, if the
superintendent determines that the requirements do not otherwise
apply to the school buildings under the control of that
administrator.
(I) Copies of the emergency management plan and information
required under division (B) of this section are security records
and are not public records pursuant to section 149.433 of the
Revised Code. In addition, the information posted to the contact
and information management system, pursuant to division (C)(3)(b)
of this section, is exempt from public disclosure or release in
accordance with sections 149.43, 149.433, and 5502.03 of the
Revised Code.
Notwithstanding section 149.433 of the Revised Code, a school
building floor plan filed with the attorney general pursuant to
this section is not a public record to the extent it is a record
kept by the attorney general.
Sec. 3313.537. (A) As used in this section, "extracurricular
activity" means a pupil activity program that a school or school
district operates and is not included in the school district's
graded course of study, including an interscholastic
extracurricular activity that a school or school district sponsors
or participates in and that has participants from more than one
school or school district.
(B)(1) A student in grades seven to twelve who is enrolled in
a community school established under Chapter 3314. of the Revised
Code that is sponsored by the city, local, or exempted village
school district in which the student is entitled to attend school
pursuant to section 3313.64 or 3313.65 of the Revised Code shall
be afforded the opportunity to participate in any extracurricular
activities offered at the traditional public school that is
operated by the school district and to which the student otherwise
would be assigned. If more than one such school operated by the
school district serves the student's grade level, the student
shall be afforded the opportunity to participate in any
extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code.
(2) A student who is enrolled in or in a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code shall not be prohibited from
participating in any extracurricular activities offered at the
traditional public school that is operated by the school district
in which the student is entitled to attend school pursuant to
section 3313.64 or 3313.65 of the Revised Code and to which the
student otherwise would be assigned. If more than one such school
operated by the school district serves the student's grade level,
the student shall be afforded the opportunity to participate in
any extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code be afforded, by the
superintendent of the school district in which the student is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code, the opportunity to participate in that
extracurricular activity at the district school to which the
student otherwise would be assigned during that school year. If
more than one school operated by the school district serves the
student's grade level, as determined by the district
superintendent based on the student's age and academic
performance, the student shall be afforded the opportunity to
participate in that extracurricular activity at the school to
which the student would be assigned by the superintendent under
section 3319.01 of the Revised Code.
(2) The superintendent of any school district may afford any
student enrolled in community school or science, technology,
engineering, and mathematics school, and who is not entitled to
attend school in the district under section 3313.64 or 3313.65 of
the Revised Code, the opportunity to participate in an
extracurricular activity offered by a school of the district, if
both of the following apply:
(a) The school in which the student is enrolled does not
offer the extracurricular activity.
(b) The extracurricular activity is not interscholastic
athletics or interscholastic contests or competition in music,
drama, or forensics.
(C) In order to participate in any extracurricular activity
under this section, the student shall be of the appropriate age
and grade level, as determined by the superintendent of the
district, for the school that offers the extracurricular activity,
and shall fulfill the same academic, nonacademic, and financial
requirements as any other participant, including the rules and
policies adopted by the school district under section 3313.535 of
the Revised Code. The school district board of education may
require a community school student to enroll and participate in no
more than one academic course at the school offering the
extracurricular activity as a condition to participating in the
activity. In that case, the board shall admit students seeking to
enroll in an academic course to fulfill the requirement as space
allows after first enrolling students assigned to that school.
(D) No school district board of education shall take any
action contrary to the provisions of this section.
(E) No school or school district shall impose additional
rules on a student to participate under this section that do not
apply to other students participating in the same extracurricular
activity. No school or school district shall impose fees for a
student to participate under this section that exceed any fees
charged to other students participating in the same
extracurricular activity.
(F) No school district, interscholastic conference, or
organization that regulates interscholastic conferences or events
shall require a student who is eligible to participate in
extracurricular activities under this section to meet eligibility
requirements that conflict with this section.
Sec. 3313.539. (A) As used in this section, "physician":
(1) "Physician" means a person authorized under Chapter 4731.
of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(2) "Licensed health care professional" means an individual,
other than a physician, who is authorized under Title XLVII of the
Revised Code to practice a health care profession.
(B) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit a student to practice for or compete in interscholastic
athletics until the student has submitted, to a school official
designated by the board or governing authority, a form signed by
the parent, guardian, or other person having care or charge of the
student stating that the student and the parent, guardian, or
other person having care or charge of the student have received
the concussion and head injury information sheet required by
section 3707.52 of the Revised Code. A completed form shall be
submitted each school year, as defined in section 3313.62 of the
Revised Code, for each sport or other category of interscholastic
athletics for or in which the student practices or competes.
(C)(1) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit an individual to coach interscholastic athletics unless the
individual holds a pupil-activity program permit issued under
section 3319.303 of the Revised Code for coaching interscholastic
athletics.
(2) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit an individual to referee interscholastic athletics unless
the individual holds a pupil-activity program permit issued under
section 3319.303 of the Revised Code for coaching interscholastic
athletics or presents evidence that the individual has
successfully completed, within the previous three years, a
training program in recognizing the symptoms of concussions and
head injuries to which the department of health has provided a
link on its internet web site under section 3707.52 of the Revised
Code or a training program authorized and required by an
organization that regulates interscholastic athletic competition
and conducts interscholastic athletic events.
(D) If a student practicing for or competing in an
interscholastic athletic event exhibits signs, symptoms, or
behaviors consistent with having sustained a concussion or head
injury while participating in the practice or competition, the
student shall be removed from the practice or competition by
either of the following:
(1) The individual who is serving as the student's coach
during that practice or competition;
(2) An individual who is serving as a referee during that
practice or competition.
(E)(1) If a student is removed from practice or competition
under division (D) of this section, the coach or referee who
removed the student shall not allow the student, on the same day
the student is removed, to return to that practice or competition
or to participate in any other practice or competition for which
the coach or referee is responsible. Thereafter, the coach or
referee shall not allow the student to return to that practice or
competition or to participate in any other practice or competition
for which the coach or referee is responsible until both of the
following conditions are satisfied:
(a) The student's condition is assessed by either any of the
following who has complied with the requirements in division
(E)(4) of this section:
(ii) Any other A licensed health care provider professional
the school district board of education or governing authority of
the chartered or nonchartered nonpublic school, pursuant to
division (E)(2) of this section, authorizes to assess a student
who has been removed from practice or competition under division
(D) of this section;
(iii) A licensed health care professional who meets the
minimum education and continuing education requirements
established by rules adopted under section 3707.521 of the Revised
Code.
(b) The student receives written clearance that it is safe
for the student to return to practice or competition from a the
physician or from another licensed health care
provider
authorized pursuant to division (E)(2) of this section to grant
the clearance professional who assessed the student's condition.
(2) A school district board of education or governing
authority of a chartered or nonchartered nonpublic school may
authorize a licensed health care provider who is not a physician
professional to make an assessment or grant a clearance for
purposes of division (E)(1) of this section only if the provider
professional is acting in accordance with one of the following, as
applicable to the provider's professional's authority to practice
in this state:
(a) In consultation with a physician;
(b) Pursuant to the referral of a physician;
(c) In collaboration with a physician;
(d) Under the supervision of a physician.
(3) A physician or other licensed health care
provider
professional who makes an assessment or grants a clearance for
purposes of division (E)(1) of this section may be a volunteer.
(4) Beginning one hundred eighty days after the effective
date of this amendment, all physicians and licensed health care
professionals who conduct assessments and clearances under
division (E)(1) of this section must meet the minimum education
and continuing education requirements established by rules adopted
under section 3707.521 of the Revised Code.
(F) A school district board of education or governing
authority of a chartered or nonchartered nonpublic school that is
subject to the rules of an interscholastic conference or an
organization that regulates interscholastic athletic competition
and conducts interscholastic athletic events shall be considered
to be in compliance with divisions (B), (D), and (E) of this
section, as long as the requirements of those rules are
substantially similar to the requirements of divisions (B), (D),
and (E) of this section.
(G)(1) A school district, member of a school district board
of education, or school district employee or volunteer, including
a coach or referee, is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising
from providing services or performing duties under this section,
unless the act or omission constitutes willful or wanton
misconduct.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school district, member of a school
district board of education, or school district employee or
volunteer, including a coach or referee, may be entitled to under
Chapter 2744. or any other provision of the Revised Code or under
the common law of this state.
(2) A chartered or nonchartered nonpublic school or any
officer, director, employee, or volunteer of the school, including
a coach or referee, is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising
from providing services or performing duties under this section,
unless the act or omission constitutes willful or wanton
misconduct.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
(8) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(7) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(8) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is requirements for graduation
prescribed in division (C) of this section are the standard
expectation for all students entering ninth grade for the first
time at a public or chartered nonpublic high school on or after
July 1, 2010. A student may satisfy this expectation through a
variety of methods, including, but not limited to, integrated,
applied, career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
when completing the Ohio core curriculum requirements for
graduation, the general assembly shall appropriate funds for
strategic initiatives designed to strengthen schools' capacities
to hire and retain highly qualified teachers in the subject areas
required by the curriculum. Such initiatives are expected to
require an investment of $120,000,000 over five years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum requirements for
graduation prescribed in division (C) of this section require
academic remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
across the curriculum in order to maximize efficiency, enhance
learning, and prepare students for success in the
technology-driven twenty-first century. Districts and schools
shall use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall utilize technology access and electronic
learning opportunities provided by the broadcast educational media
commission, chancellor, the Ohio learning network, education
technology centers, public television stations, and other public
and private providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014 2016, may qualify for graduation from a public
or chartered nonpublic high school even though the student has not
completed the Ohio core curriculum requirements for graduation
prescribed in division (C) of this section if all of the following
conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum requirements for graduation prescribed in division
(C) of this section and acknowledging that one consequence of not
completing the Ohio core curriculum those requirements is
ineligibility to enroll in most state universities in Ohio without
further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career a student success plan for
the student in the manner described in division (C)(1) of section
3313.6020 of the Revised Code that specifies the student
matriculating to a two-year degree program, acquiring a business
and industry credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014 2016. The
department shall submit its findings and any recommendations not
later than August 1, 2014 2016, to the speaker and minority leader
of the house of representatives, the president and minority leader
of the senate, the chairpersons and ranking minority members of
the standing committees of the house of representatives and the
senate that consider education legislation, the state board of
education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous challenging
minimum curriculum for high school graduation than specified in
division (B) or (C) of this section. A school district board of
education, through the adoption of a resolution, or the governing
authority of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum requirements for graduation
prescribed in division (C) of this section. The department shall
grant a waiver to a dropout prevention and recovery program,
within sixty days after the program applies for the waiver, if the
program meets all of the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board under division
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)
of that section.
(4) The program develops an individual career a student
success plan for the student in the manner described in division
(C)(1) of section 3313.6020 of the Revised Code that specifies the
student's matriculating to a two-year degree program, acquiring a
business and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum requirements for graduation prescribed in division
(C) of this section and acknowledging that one consequence of not
completing the Ohio core curriculum those requirements is
ineligibility to enroll in most state universities in Ohio without
further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
(8) Prior to receiving the waiver, the program has submitted
to the department a policy on career advising that satisfies the
requirements of section 3313.6020 of the Revised Code, with an
emphasis on how every student will receive career advising.
(9) Prior to receiving the waiver, the program has submitted
to the department a written agreement outlining the future
cooperation between the program and any combination of local job
training, postsecondary education, nonprofit, and health and
social service organizations to provide services for students in
the program and their families.
Divisions (F)(8) and (9) of this section apply only to
waivers granted on or after July 1, 2015.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district and community
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(8) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(8) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
(M) It is important that high school students learn and
understand United States history and the governments of both the
United States and the state of Ohio. Therefore, beginning with
students who enter ninth grade for the first time on or after July
1, 2012, the study of American history and American government
required by divisions (B)(6) and (C)(6) of this section shall
include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on
the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions
(M)(1) to (4) of this section shall include study of that document
in its original context.
The study of American history and government required by
divisions (B)(6) and (C)(6) of this section shall include the
historical evidence of the role of documents such as the
Federalist Papers and the Anti-Federalist Papers to firmly
establish the historical background leading to the establishment
of the provisions of the Constitution and Bill of Rights.
Sec. 3313.6013. (A) As used in this section, "dual enrollment
advanced standing program" means a program that enables a student
to earn credit toward a degree from an institution of higher
education while enrolled in high school or that enables a student
to complete coursework while enrolled in high school that may earn
credit toward a degree from an institution of higher education
upon the student's attainment of a specified score on an
examination covering the coursework. Dual enrollment Advanced
standing programs may include any of the following:
(1) The post-secondary enrollment options college credit plus
program established under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) Any similar program established pursuant to an agreement
between a school district or chartered nonpublic high school and
an institution of higher education International baccalaureate
diploma courses;
(4) Early college high schools school programs.
(B) Each city, local, exempted village, and joint vocational
school district and each chartered nonpublic high school shall
provide students enrolled in grades nine through twelve with the
opportunity to participate in a dual enrollment an advanced
standing program. For this purpose, each school district and
chartered nonpublic high school shall offer at least one dual
enrollment advanced standing program in accordance with division
(B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets
the requirements of this division through its mandatory
participation in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code. However, a city, local, or exempted village school district
may offer any other dual enrollment advanced standing program, in
addition to the post-secondary enrollment options college credit
plus program, and each joint vocational school district shall
offer at least one other dual enrollment advanced standing
program, to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(2) A chartered nonpublic high school that elects to
participate in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code meets the requirements of this division. Each chartered
nonpublic high school that elects not to participate in the
post-secondary enrollment options college credit plus program
instead shall offer at least one other
dual enrollment advanced
standing program to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(C) Each school district and each chartered nonpublic high
school shall provide information about the dual enrollment
advanced standing programs offered by the district or school to
all students enrolled in grades eight through eleven. The district
or school shall include information about all of the following:
(1) The process colleges and universities use in awarding
credit for advanced placement and international baccalaureate
courses and examinations, including minimum scores required by
state institutions of higher education, as defined in section
3345.011 of the Revised Code, for a student to receive college
credit;
(2) The availability of tuition and fee waivers for advanced
placement and international baccalaureate courses and
examinations;
(3) The availability of online advanced placement or
international baccalaureate courses, including those that may be
available at no cost;
(4) The benefits of earning postsecondary credit through
advanced placement or international baccalaureate courses;
(5) The availability of advanced placement or international
baccalaureate courses offered throughout the district.
The district or school may include additional information as
determined appropriate by the district or school.
(D) No Except as provided for in Chapter 3365. of the Revised
Code, no city, local, exempted village, and joint vocational
school district shall charge an enrolled student an additional fee
or tuition for participation in any dual enrollment advanced
standing program offered by the district. Students may be required
to pay the costs associated with taking an advanced placement or
international baccalaureate examination.
(E) Any agreement between a school district or school and an
associated college governing the operation of an early college
high school program shall be subject to the requirements of the
college credit plus program, with the following exceptions:
(1) Any aspect of the agreement that does not relate to the
conferral of transcripted credit, as defined in section 3365.01 of
the Revised Code, shall not be subject to the requirements of the
college credit plus program.
(2) If the early college high school program began operating
prior to July 1, 2014, the agreement shall not be subject to the
requirements of the college credit plus program until the later of
the date on which the existing agreement expires or July 1, 2015.
(3) If the district, school, or associated college operating
the early college high school program was granted an award under
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly
for the 2014-2015 school year, as the lead applicant on the grant
or as part of a consortium, for a project involving the
establishment or expansion of an early college high school, the
agreement shall not be subject to the requirements of the college
credit plus program during the period of time for which the
project is funded by the grant award under that section.
(4) If the district, school, or associated college obtains a
waiver for the agreement under section 3365.10 of the Revised
Code, the agreement shall not be subject to the requirements of
the college credit plus program as expressed in and excused by the
waiver.
The college credit plus program shall not govern any advanced
placement course or international baccalaureate diploma course as
described under this section.
(F) As used in this section:
(1) "Associated college" means a public or private college,
as defined in section 3365.01 of the Revised Code, which has
entered into an agreement with a school district or school to
establish an early college high school program, as described in
division (F)(2) of this section, and awards transcripted credit,
as defined in section 3365.01 of the Revised Code, to students
through that program.
(2) "Early college high school program" means a program
operated by a school district or school and an associated college
that provides a personalized learning plan, which is based on
accelerated curriculum and includes both high school and
college-level coursework, and enables the following students to
earn a high school diploma and an associate degree, or the
equivalent number of transcripted credits, upon successful
completion of the program:
(a) Students who are underrepresented in regard to completing
post-secondary education;
(b) Students who are economically disadvantaged, as defined
by the department of education;
(c) Students whose parents did not earn a college degree.
Sec. 3313.6014. The board of education of each city,
exempted village, and local school district shall by resolution
adopt a procedure for notifying the parent, guardian, or custodian
of each student enrolled in a high school operated by the district
or enrolled in a school operated by the joint vocational school
district to which the city, exempted village, or local district
belongs of the requirements of the Ohio core curriculum prescribed
in division (C) of section 3313.603 of the Revised Code and that
one consequence of not completing that curriculum is ineligibility
to enroll in most state universities in Ohio without further
coursework.
This section does not create a new cause of action or
substantive legal right.
Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,
the department of education shall administer a pilot program
requiring daily physical activity for students. Any school
district; community school established under Chapter 3314. of the
Revised Code; science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code; or
chartered nonpublic school annually may elect to participate in
the pilot program by notifying the department of its interest by a
date established by the department. If a school district elects to
participate in the pilot program, the district shall select one or
more school buildings to participate in the program. To the
maximum extent possible, the department shall seek to include in
the pilot program districts and schools that are located in urban,
suburban, and rural areas distributed geographically throughout
the state. The department shall administer the pilot program in
accordance with this section.
(B) Except as provided in division (C) of this section, each
district or school participating in the pilot program shall
require all students in the school building selected under
division (A) of this section to engage in at least thirty minutes
of moderate to rigorous physical activity each school day or at
least one hundred fifty minutes of moderate to rigorous physical
activity each week, exclusive of recess. Physical activity engaged
in during the following may count toward the daily requirement:
(1) A physical education course;
(2) A program or activity occurring before or after the
regular school day, as defined in section 3313.814 of the Revised
Code, that is sponsored or approved by the school of attendance,
provided school officials are able to monitor students'
participation to ensure compliance with the requirement.
(C) None of the following shall be subject to the requirement
of division (B) of this section:
(1) Any student enrolled in the post-secondary enrollment
options college credit plus program established under Chapter
3365. of the Revised Code;
(2) Any student enrolled in a career-technical education
program operated by the district or school;
(3) Any student enrolled in a dropout prevention and recovery
program operated by the district or school.
(D) For any period in which a student is participating in
interscholastic athletics, marching band, cheerleading, or a
junior reserve officer training corps program, the district or
school may excuse the student from the requirement of division (B)
of this section.
(E) The district or school may excuse any kindergarten
student who is not enrolled in all-day kindergarten, as defined in
section 3321.05 of the Revised Code, from the requirement of
division (B) of this section.
(F) Each district or school annually shall report to the
department, in the manner prescribed by the department, how the
district or school implemented the thirty minutes of daily
physical activity and the financial costs of implementation. The
department shall issue an annual report of the data collected
under this division.
Sec. 3313.6020. (A)(1) Beginning in the 2015-2016 school
year, the board of education of each city, local, exempted
village, and joint vocational school district shall adopt a policy
on career advising that complies with this section. Thereafter,
the policy shall be updated at least once every two years.
(2) The board shall make the policy publicly available to
students, parents, guardians, or custodians, local post-secondary
institutions, and residents of the district. The district shall
post the policy in a prominent location on its web site, if it has
one.
(B) The policy on career advising shall specify how the
district will do all of the following:
(1) Provide students with grade-level examples that link
their schoolwork to one or more career fields. A district may use
career connections developed under division (B)(2) of section
3301.079 of the Revised Code for this purpose.
(2) Create a plan to provide career advising to students in
grades six through twelve;
(3) Beginning in the 2015-2016 school year, provide
additional interventions and career advising for students who are
identified as at risk of dropping out of school in accordance with
division (C) of this section;
(4) Train its employees on how to advise students on career
pathways, including training on advising students using online
tools;
(5) Develop multiple, clear academic pathways through high
school that students may choose in order to earn a high school
diploma;
(6) Identify and publicize courses that can award students
both traditional academic and career-technical credit;
(7) Document the career advising provided to each student for
review by the student, the student's parent, guardian, or
custodian, and future schools that the student may attend. A
district shall not otherwise release this information without the
written consent of the student's parent, guardian, or custodian,
if the student is less than eighteen years old, or the written
consent of the student, if the student is at least eighteen years
old.
(8) Prepare students for their transition from high school to
their post-secondary destinations, including any special
interventions that are necessary for students in need of
remediation in mathematics or English language arts.
(C)(1) Beginning in the 2015-2016 school year, each district
shall identify students who are at risk of dropping out of school
using a method that is both research-based and locally-based and
that is developed in consultation with the district's classroom
teachers and guidance counselors. If a student is identified as at
risk of dropping out of school, the district shall develop a
student success plan that addresses the student's academic pathway
to a successful graduation and the role of career-technical
education, competency-based education, and experiential learning,
as appropriate, in that pathway.
(2) Prior to developing a student success plan for a student,
the district shall invite the student's parent, guardian, or
custodian to assist in developing the plan. If the student's
parent, guardian, or custodian does not participate in the
development of the plan, the district shall provide to the parent,
guardian, or custodian a copy of the student's success plan and a
statement of the importance of a high school diploma and the
academic pathways available to the student in order to
successfully graduate.
(3) Following the development of a student success plan for a
student, the district shall provide career advising to the student
that is aligned with the plan and, beginning in the 2015-2016
school year, the district's plan to provide career advising
created under division (B)(2) of this section.
(D) Not later than December 1, 2014, the department of
education shall develop and post on its web site model policies on
career advising and model student success plans.
Sec. 3313.61. (A) A diploma shall be granted by the board of
education of any city, exempted village, or local school district
that operates a high school to any person to whom all of the
following apply:
(1) The person has successfully completed the curriculum in
any high school or the individualized education program developed
for the person by any high school pursuant to section 3323.08 of
the Revised Code, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division unless the person
was excused from taking any such assessment pursuant to section
3313.532 of the Revised Code or unless division (H) or (L) of this
section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (D)(2)
of section 3301.0712 of the Revised Code, the person has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code, except
to the extent that the person is excused from some portion of that
assessment system pursuant to section 3313.532 of the Revised Code
or division (H) or (L) of this section.
(3) The person is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of
this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, an honors diploma shall be granted, in accordance with
rules of the state board, by any such district board to anyone who
accomplishes all of the following:
(1) Successfully completes the curriculum in any high school
or the individualized education program developed for the person
by any high school pursuant to section 3323.08 of the Revised
Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (D)(2)
of section 3301.0712 of the Revised Code, the person has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code.
(3) Has met additional criteria established by the state
board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum requirements prescribed in
division (C) of section 3313.603 of the Revised Code but elects
the option of division (D) or (F) of that section. Except as
provided in divisions (C), (E), and (J) of this section, no honors
diploma shall be granted to anyone failing to comply with this
division and no more than one honors diploma shall be granted to
any student under this division.
The state board shall adopt rules prescribing the granting of
honors diplomas under this division. These rules may prescribe the
granting of honors diplomas that recognize a student's achievement
as a whole or that recognize a student's achievement in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any case, the rules shall designate
two or more criteria for the granting of each type of honors
diploma the board establishes under this division and the number
of such criteria that must be met for the granting of that type of
diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of
criteria designated for that type and no one or more particular
criteria shall be required of all persons who are to be granted
that type of diploma.
(C) Any district board administering any of the assessments
required by section 3301.0710 of the Revised Code to any person
requesting to take such assessment pursuant to division (B)(8)(b)
of section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments administered and if the person
has previously attained the applicable scores on all the other
assessments required by division (B)(1) of that section or has
been exempted or excused from attaining the applicable score on
any such assessment pursuant to division (H) or (L) of this
section or from taking any such assessment pursuant to section
3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible under
state board of education minimum standards to receive a high
school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or
any political subdivision thereof, shall be granted such diploma
by the correctional institution operating the programs in which
such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to
the inmate's placement in the institution. The diploma granted by
the correctional institution shall be signed by the director of
the institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a diploma
by the correctional institution offering the program in which the
credits were earned. The diploma granted by the correctional
institution shall be signed by the director of the institution and
by the person serving as principal of the institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the assessments required by section
3301.0710 of the Revised Code to inmates of correctional
institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section
3301.0710 of the Revised Code, any American history end-of-course
examination and any American government end-of-course examination
required under division (B)(2) of that section if such an
exemption is prescribed by rule of the state board under division
(D)(4) of section 3301.0712 of the Revised Code, or the test in
citizenship designated under former division (B) of section
3301.0710 of the Revised Code as it existed prior to September 11,
2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to reside in the United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 3313.611 of the Revised Code do not apply to
the board of education of any joint vocational school district or
any cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section
3325.08 or division (D) of section 3328.25 of the Revised Code
that a student has received a diploma under either section, the
board of education receiving the notice may grant a high school
diploma under this section to the student, except that such board
shall grant the student a diploma if the student meets the
graduation requirements that the student would otherwise have had
to meet to receive a diploma from the district. The diploma
granted under this section shall be of the same type the notice
indicates the student received under section 3325.08 or 3328.25 of
the Revised Code.
(K) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirements of
the assessments required by division (B)(2) of that section, shall
be awarded a diploma under this section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the assessments prescribed under division (B) of
section 3301.0710 of the Revised Code provided an individualized
education program specifically exempts the student from attaining
such scores. This division does not negate the requirement for
such a student to take all such assessments or alternate
assessments required by division (C)(1) of section 3301.0711 of
the Revised Code for the purpose of assessing student progress as
required by federal law.
Sec. 3313.612. (A) No nonpublic school chartered by the
state board of education shall grant a high school diploma to any
person unless, subject to section 3313.614 of the Revised Code,
the person has met the assessment requirements of division (A)(1)
or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the person has attained at
least the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments
required by that division, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has
met the requirements of the entire assessment system prescribed
under division (B)(2) of section 3301.0710 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any person with regard to any assessment from which the
person was excused pursuant to division (C)(1)(c) of section
3301.0711 of the Revised Code;
(2) Any person that attends a nonpublic school accredited
through the independent school association of the central states
with regard to any end-of-course examination required under
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;
(3) Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised Code,
any American history end-of-course examination and any American
government end-of-course examination required under division
(B)(2) of that section if such an exemption is prescribed by rule
of the state board of education under division (D)(4) of section
3301.0712 of the Revised Code, or the citizenship test under
former division (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001, if all of the following
apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United
States;
(c) The person indicates no intention to reside in the United
States after completion of high school.
(C) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirements of
the assessments under division (B)(2) of that section, shall be
awarded a diploma under this section.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to any
cooperative education school district.
(B)(1) The board of education of each city, exempted village,
or local school district with an average daily student enrollment
of sixteen thousand or less, reported for the district on the most
recent report card issued under section 3302.03 of the Revised
Code, shall enter into an agreement with the governing board of an
educational service center, under which the educational service
center governing board will provide services to the district.
(2) The board of education of a city, exempted village, or
local school district with an average daily student enrollment of
more than sixteen thousand may enter into an agreement with the
governing board of an educational service center, under which the
educational service center governing board will provide services
to the district.
(3) Services provided under an agreement entered into under
division (B)(1) or (2) of this section shall be specified in the
agreement, and may include any of the following: supervisory
teachers; in-service and continuing education programs for
district personnel; curriculum services; research and development
programs; academic instruction for which the governing board
employs teachers pursuant to section 3319.02 of the Revised Code;
assistance in the provision of special accommodations and classes
for students with disabilities; or any other services the district
board and service center governing board agree can be better
provided by the service center and are not provided under an
agreement entered into under section 3313.845 of the Revised Code.
Services included in the agreement shall be provided to the
district in the manner specified in the agreement. The district
board of education shall reimburse the educational service center
governing board pursuant to division (H) of this section.
(C) Any agreement entered into pursuant to this section shall
be filed with the department of education by the first day of July
of the school year for which the agreement is in effect.
(D)(1) An agreement for services from an educational service
center entered into under this section may be terminated by the
school district board of education, at its option, by notifying
the governing board of the service center by March 1, 2012, or by
the first day of January of any odd-numbered year thereafter, that
the district board intends to terminate the agreement in that
year, and that termination shall be effective on the thirtieth day
of June of that year. The failure of a district board to notify an
educational service center of its intent to terminate an agreement
by March 1, 2012, shall result in renewal of the existing
agreement for the following school year. Thereafter, the failure
of a district board to notify an educational service center of its
intent to terminate an agreement by the first day of January of an
odd-numbered year shall result in renewal of the existing
agreement for the following two school years.
(2) If the school district that terminates an agreement for
services under division (D)(1) of this section is also subject to
the requirement of division (B)(1) of this section, the district
board shall enter into a new agreement with any educational
service center so that the new agreement is effective on the first
day of July of that same year.
(3) If all moneys owed by a school district to an educational
service center under an agreement for services terminated under
division (D)(1) of this section have been paid in full by the
effective date of the termination, the governing board of the
service center shall submit an affidavit to the department
certifying that fact not later than fifteen days after the
termination's effective date. Notwithstanding anything in the
Revised Code to the contrary, until the department receives such
an affidavit, it shall not make any payments to any other
educational service center with which the district enters into an
agreement under this section for services that the educational
service center provides to the district.
(E) An educational service center may apply to any state or
federal agency for competitive grants. It may also apply to any
private entity for additional funds.
(F) Not later than January 1, 2014, each educational service
center shall post on its web site a list of all of the services
that it provides and the corresponding cost for each of those
services.
(G)(1) For purposes of calculating any state operating
subsidy to be paid to an educational service center for the
operation of that service center and any services required under
Title XXXIII of the Revised Code to be provided by the service
center to a school district, the service center's student count
shall be the sum of the total student counts of all the school
districts with which the educational service center has entered
into an agreement under this section.
(2) When a district enters into a new agreement with a new
educational service center, the department of education shall
ensure that the state operating subsidy for services provided to
the district is paid to the new educational service center and
that the educational service center with which the district
previously had an agreement is no longer paid a state operating
subsidy for providing services to that district.
(H) Pursuant to division (B) of section 3317.023 of the
Revised Code, the department annually shall deduct from each
school district that enters into an agreement with an educational
service center under this section, and pay to the service center,
an amount equal to six dollars and fifty cents times the school
district's total student count. The district board of education,
or the district superintendent acting on behalf of the district
board, may agree to pay an amount in excess of six dollars and
fifty cents per student in total student count. If a majority of
the boards of education, or superintendents acting on behalf of
the boards, of the districts that entered into an agreement under
this section approve an amount in excess of six dollars and fifty
cents per student in total student count, each district shall pay
the excess amount to the service center.
(I) For purposes of this section, a school district's "total
student count" means the average daily student enrollment reported
on the most recent report card issued for the district pursuant to
section 3302.03 of the Revised Code.
Sec. 3313.90. As used in this section, "formula ADM" has the
same meaning as in section 3317.02 of the Revised Code.
Notwithstanding division (D) of section 3311.19 and division (D)
of section 3311.52 of the Revised Code, the provisions of this
section that apply to a city school district do not apply to any
joint vocational or cooperative education school district.
(A) Each Except as provided in division (B) of this section,
each city, local, and exempted village school district shall, by
one of the following means, provide vocational
to students
enrolled in grades seven through twelve career-technical education
adequate to prepare a pupil student enrolled therein for an
occupation:
(1) Establishing and maintaining a vocational
career-technical education program that meets standards adopted by
the state board of education;
(2) Being a member of a joint vocational school district that
meets standards adopted by the state board;
(3) Contracting for vocational career-technical education
with a joint vocational school district or another school district
that meets the standards adopted by the state board.
The standards of the state board of education shall include
criteria for the participation by nonpublic students in
vocational
career-technical education programs without financial assessment,
charge, or tuition to such student except such assessments,
charges, or tuition paid by resident public school students in
such programs. Such nonpublic school students shall be included in
the formula ADM of the school district maintaining the vocational
career-technical education program as part-time students in
proportion to the time spent in the vocational
career-technical
education program.
By the thirtieth day of October of each year, the
superintendent of public instruction shall determine and certify
to the superintendent of each school district subject to this
section either that the district is in compliance with the
requirements of this section for the current school year or that
the district is not in compliance. If the superintendent certifies
that the district is not in compliance, he shall notify the board
of education of the district of the actions necessary to bring the
district into compliance with this section.
In meeting standards established by the state board of
education, school districts, where practicable, shall provide
vocational career-technical education programs in high schools. A
minimum enrollment of fifteen hundred pupils students in grades
nine through twelve is established as a base for comprehensive
vocational career-technical education course offerings. Beginning
with the 2015-2016 school year, this base shall increase to a
minimum enrollment of two thousand two hundred fifty students in
grades seven through twelve. A school district may meet this
requirement alone, through a cooperative arrangement pursuant to
section 3313.92 of the Revised Code, through school district
consolidation, by membership in a joint vocational school
district, by contract with a school district, by contract with a
school licensed by any state agency established by the Revised
Code which school operates its courses offered for contracting
with public schools under standards as to staffing and facilities
comparable to those prescribed by the state board of education for
public schools provided no instructor in such courses shall be
required to be certificated by the state department of education,
or in a combination of such ways. Exceptions to the minimum
requirement of fifteen hundred pupils enrollment prescribed by
this section may be made by the state board of education based on
sparsity of population or other factors indicating that
comprehensive educational and vocational career-technical
education programs as required by this section can be provided
through an alternate plan.
(B) Approval of state funds for the construction and
operation of vocational facilities in any city, local, or exempted
village school district shall be contingent upon a comprehensive
vocational program plan approved by the state board of education
no later than July 1, 1970. The state board of education shall not
approve a school district plan unless the plan proposed reasonably
meets the vocational needs of other school districts in the
general area of the school districts in the general area of the
school district submitting the plan. The plan shall be submitted
to the state board of education no later than April 1, 1970. Such
plan shall contain:
(1) The organization for vocational education pursuant to the
requirements of this section;
(2) Vocational programs to be offered in the respective
comprehensive high schools, in specialized schools or skill
centers, and in joint vocational schools;
(3) Remodeled, additional, and new vocational facilities
required at the respective locations.
In approving the organization for vocational education the
state board of education shall provide that no city, local, or
exempted village school district is excluded in the statewide plan
If the board of education of a city, local, or exempted village
school district adopts a resolution that specifies the district's
intent not to provide career-technical education to students
enrolled in grades seven and eight for a particular school year
and submits that resolution to the department by the thirtieth day
of September of that school year, the department shall waive the
requirement for that district to provide career-technical
education to students enrolled in grades seven and eight for that
particular school year.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school
district or the governing board of an educational service center
that agrees to the conversion of all or part of a school or
building under division (B) of this section, or an entity listed
in division (C)(1) of this section, which either has been approved
by the department of education to sponsor community schools or is
exempted by section 3314.021 or 3314.027 of the Revised Code from
obtaining approval, and with which the governing authority of a
community school enters into a contract under section 3314.03 of
the Revised Code.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that meets one of the following
conditions:
(i) On March 22, 2013, the district was in a state of
academic emergency or in a state of academic watch under section
3302.03 of the Revised Code, as that section existed prior to
March 22, 2013;
(ii) For two of the 2012-2013, 2013-2014, and 2014-2015
school years, the district received a grade of "D" or "F" for the
performance index score and a grade of "F" for the value-added
progress dimension under section 3302.03 of the Revised Code;
(iii) For the 2015-2016 school year and for any school year
thereafter, the district has received an overall grade of "D" or
"F" under division (C)(3) of section 3302.03 of the Revised Code,
or, for at least two of the three most recent school years, the
district received a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of
school districts according to performance index score under
section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. However, if the school proposed
to be converted is located in an alliance municipal school
district, as defined in section 3311.86 of the Revised Code, the
district board or governing board of the service center shall
comply with divisions (D) and (E) of that section before entering
into a preliminary agreement under division (B) of this section. A
proposing person or group that has a preliminary agreement under
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a
contract with the board. Provided the proposing person or group
adheres to the preliminary agreement and all provisions of this
chapter, the board shall negotiate in good faith to enter into a
contract in accordance with section 3314.03 of the Revised Code
and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county. However, the governing board of an educational service
center may sponsor a new start-up school in any challenged school
district in the state if all of the following are satisfied:
(i) If applicable, it satisfies the requirements of division
(E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii) It enters into an agreement with the department under
section 3314.015 of the Revised Code.
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department has determined that the entity is an
education-oriented entity under division (B)(3) of section
3314.015 of the Revised Code and the entity has a demonstrated
record of successful implementation of educational programs.
(iv) The entity is not a community school.
(g) The mayor of a city in which the majority of the
territory of a school district to which section 3311.60 of the
Revised Code applies is located, regardless of whether that
district has created the position of independent auditor as
prescribed by that section. The mayor's sponsorship authority
under this division is limited to community schools that are
located in that school district. Such mayor may sponsor community
schools only with the approval of the city council of that city,
after establishing standards with which community schools
sponsored by the mayor must comply, and after entering into a
sponsor agreement with the department as prescribed under section
3314.015 of the Revised Code. The mayor shall establish the
standards for community schools sponsored by the mayor not later
than one hundred eighty days after the effective date of this
amendment July 15, 2013, and shall submit them to the department
upon their establishment. The department shall approve the mayor
to sponsor community schools in the district, upon receipt of an
application by the mayor to do so. Not later than ninety days
after the department's approval of the mayor as a community school
sponsor, the department shall enter into the sponsor agreement
with the mayor.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district described in either division (A)(3)(b) or (d) of this
section may continue in existence once the school district no
longer meets the conditions described in either division, provided
there is a valid contract between the school and a sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013 and 3314.016 of the Revised
Code, an unlimited number of community schools may be established
in any school district provided that a contract is entered into
for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than five start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any sponsor or operator of a community
school, unless at least one year has elapsed since the conclusion
of the person's membership.
(4) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than four
hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school, unless the school
is located in a county within the territory of the service center
or in a county contiguous to such county, or unless the governing
board of the service center has entered into an agreement with the
department authorizing the service center to sponsor a community
school in any challenged school district in the state.
Sec. 3314.029. This section establishes the Ohio school
sponsorship program. The department of education shall establish
an office of Ohio school sponsorship to perform the department's
duties prescribed by this section.
(A)(1) Notwithstanding anything to the contrary in this
chapter, any person, group of individuals, or entity may apply to
the department for direct authorization to establish a community
school and, upon approval of the application, may establish the
school. Notwithstanding anything to the contrary in this chapter,
the governing authority of an existing community school, upon the
expiration or termination of its contract with the school's
sponsor entered into under section 3314.03 of the Revised Code,
may apply to the department for direct authorization to continue
operating the school and, upon approval of the application, may
continue to operate the school.
Each application submitted to the department shall include
the following:
(a) Evidence that the applicant will be able to comply with
division (C) of this section;
(b) A statement indicating that the applicant agrees to
comply with all applicable provisions of this chapter, including
the requirement to be established as a nonprofit corporation or
public benefit corporation in accordance with division (A)(1) of
section 3314.03 of the Revised Code;
(c) A statement attesting that no unresolved finding of
recovery has been issued by the auditor of state against any
person, group of individuals, or entity that is a party to the
application and that no person who is party to the application has
been a member of the governing authority of any community school
that has permanently closed and against which an unresolved
finding of recovery has been issued by the auditor of state. In
the case of an application submitted by the governing authority of
an existing community school, a person who is party to the
application shall include each individual member of that governing
authority.
(d) A statement that the school will be nonsectarian in its
programs, admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution;
(e) A statement of whether the school is to be created by
converting all or part of an existing public school or educational
service center building or is to be a new start-up school. If it
is a converted public school or service center building, the
statement shall include a specification of any duties or
responsibilities of an employer that the board of education or
service center governing board that operated the school or
building before conversion is delegating to the governing
authority of the community school with respect to all or any
specified group of employees, provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees.
(f) A statement that the school's teachers will be licensed
in the manner prescribed by division (A)(10) of section 3314.03 of
the Revised Code;
(g) A statement that the school will comply with all of the
provisions of law enumerated in divisions (A)(11)(d) and (e) of
section 3314.03 of the Revised Code and of division (A)(11)(h) of
that section, if applicable;
(h) A statement that the school's graduation and curriculum
requirements will comply with division (A)(11)(f) of section
3314.03 of the Revised Code;
(i) A description of each of the following:
(i) The school's mission and educational program, the
characteristics of the students the school is expected to attract,
the ages and grade levels of students, and the focus of the
curriculum;
(ii) The school's governing authority, which shall be in
compliance with division (E) of section 3314.02 of the Revised
Code;
(iii) The school's admission and dismissal policies, which
shall be in compliance with divisions (A)(5) and (6) of section
3314.03 of the Revised Code;
(iv) The school's business plan, including a five-year
financial forecast;
(v) In the case of an application to establish a community
school, the applicant's resources and capacity to establish and
operate the school;
(vi) The school's academic goals to be achieved and the
method of measurement that will be used to determine progress
toward those goals, which shall include the statewide achievement
assessments;
(vii) The facilities to be used by the school and their
locations;
(viii) A description of the learning opportunities that will
be offered to students including both classroom-based and
nonclassroom-based learning opportunities that are in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code.
(2) Subject to division divisions (A)(3) and (4) of this
section, the department shall approve each application, unless,
within thirty days after receipt of the application, the
department determines that the application does not satisfy the
requirements of division (A)(1) of this section and provides the
applicant a written explanation of the reasons for the
determination. In that case, the department shall grant the
applicant thirty days to correct the insufficiencies in the
application. If the department determines that the insufficiencies
have been corrected, it shall approve the application. If the
department determines that the insufficiencies have not been
corrected, it shall deny the application and provide the applicant
with a written explanation of the reasons for the denial. The
denial of an application may be appealed in accordance with
section 119.12 of the Revised Code.
(3) For each of five school years, beginning with the school
year that begins in the calendar year in which this section takes
effect, the department may approve up to twenty applications for
community schools to be established or to continue operation under
division (A) of this section; however, of the twenty applications
that may be approved each school year, only up to five may be for
the establishment of new schools.
(4) In addition to the requirements of division (A)(2) of
this section, the department shall not approve the application of
a community school located in, or proposed to be located in, an
alliance municipal school district, as defined in section 3311.86
of the Revised Code, unless the school complies with the rules
adopted by the state board of education under division (A)(4) of
this section.
The state board shall adopt rules in accordance with Chapter
119. of the Revised Code to establish the criteria, procedures,
and deadlines for processing applications for direct authorization
of a community school located in, or proposed to be located in, an
alliance municipal school district. The rules shall require both
of the following:
(a) That the applicant has requested a recommendation under
division (E) of section 3311.86 of the Revised Code;
(b) That the applicant used the criteria established under
division (A)(1) of section 3311.87 of the Revised Code to decide
to sponsor a community school in the district.
(5) Notwithstanding division (A)(2) of this section, the
department may deny an application submitted by the governing
authority of an existing community school, if a previous sponsor
of that school did not renew its contract or terminated its
contract with the school entered into under section 3314.03 of the
Revised Code.
(B) The department and the governing authority of each
community school authorized under this section shall enter into a
contract under section 3314.03 of the Revised Code.
Notwithstanding division (A)(13) of that section, the contract
with an existing community school may begin at any time during the
academic year. The length of the initial contract of any community
school under this section may be for any term up to five years.
The contract may be renewed in accordance with division (E) of
that section. The contract may provide for the school's governing
authority to pay a fee for oversight and monitoring of the school
that does not exceed three per cent of the total amount of
payments for operating expenses that the school receives from the
state.
(C) The department may require a community school authorized
under this section to post and file with the superintendent of
public instruction a bond payable to the state or to file with the
state superintendent a guarantee, which shall be used to pay the
state any moneys owed by the community school in the event the
school closes.
(D) Except as otherwise provided in this section, a community
school authorized under this section shall comply with all
applicable provisions of this chapter. The department may take any
action that a sponsor may take under this chapter to enforce the
school's compliance with this division and the terms of the
contract entered into under division (B) of this section.
(E) Not later than December 31, 2012, and annually
thereafter, the department shall issue a report on the program,
including information about the number of community schools
participating in the program and their compliance with the
provisions of this chapter. In its fifth report, the department
shall include a complete evaluation of the program and
recommendations regarding the program's continuation. Each report
shall be provided to the general assembly, in accordance with
section 101.68 of the Revised Code, and to the governor.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district and will comply with section 3301.0714 of
the Revised Code in the manner specified in section 3314.17 of the
Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum requirements prescribed in division (C) of
section 3313.603 of the Revised Code, unless the person qualifies
under division (D) or (F) of that section. Each school shall
comply with the plan for awarding high school credit based on
demonstration of subject area competency, adopted by the state
board of education under division (J) of section 3313.603 of the
Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)(a) "Category one career-technical education student"
means a student who is receiving the career-technical education
services described in division (A) of section 3317.014 of the
Revised Code.
(b) "Category two career-technical student" means a student
who is receiving the career-technical education services described
in division (B) of section 3317.014 of the Revised Code.
(c) "Category three career-technical student" means a student
who is receiving the career-technical education services described
in division (C) of section 3317.014 of the Revised Code.
(d) "Category four career-technical student" means a student
who is receiving the career-technical education services described
in division (D) of section 3317.014 of the Revised Code.
(e) "Category five career-technical education student" means
a student who is receiving the career-technical education services
described in division (E) of section 3317.014 of the Revised Code.
(2)(a) "Category one limited English proficient student"
means a limited English proficient student described in division
(A) of section 3317.016 of the Revised Code.
(b) "Category two limited English proficient student" means a
limited English proficient student described in division (B) of
section 3317.016 of the Revised Code.
(c) "Category three limited English proficient student" means
a limited English proficient student described in division (C) of
section 3317.016 of the Revised Code.
(3)(a) "Category one special education student" means a
student who is receiving special education services for a
disability specified in division (A) of section 3317.013 of the
Revised Code.
(b) "Category two special education student" means a student
who is receiving special education services for a disability
specified in division (B) of section 3317.013 of the Revised Code.
(c) "Category three special education student" means a
student who is receiving special education services for a
disability specified in division (C) of section 3317.013 of the
Revised Code.
(d) "Category four special education student" means a student
who is receiving special education services for a disability
specified in division (D) of section 3317.013 of the Revised Code.
(e) "Category five special education student" means a student
who is receiving special education services for a disability
specified in division (E) of section 3317.013 of the Revised Code.
(f) "Category six special education student" means a student
who is receiving special education services for a disability
specified in division (F) of section 3317.013 of the Revised Code.
(4) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(5) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(6) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(7) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in each grade kindergarten through twelve in a community
school established under this chapter, and for each child, the
community school in which the child is enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the full-time equivalent number of students enrolled in
kindergarten in the school who are not receiving special education
and related services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the full-time equivalent number of enrolled students in
kindergarten, who are receiving special education and related
services pursuant to an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in career-technical education programs or classes described in
each of divisions (A) to (E) of section 3317.014 of the Revised
Code that are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
career-technical education programs or classes described in each
of divisions (A) to (E) of section 3317.014 of the Revised Code at
a joint vocational school district or another district in the
career-technical planning district to which the school is
assigned;
(f) The number of students reported under divisions (B)(2)(a)
and (b) of this section who are category one to three limited
English proficient students described in each of divisions (A) to
(C) of section 3317.016 of the Revised Code;
(g) The number of students reported under divisions (B)(2)(a)
and (b) who are economically disadvantaged, as defined by the
department. A student shall not be categorically excluded from the
number reported under division (B)(2)(g) of this section based on
anything other than family income.
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code.
A school district board and a community school governing
authority shall include in their respective reports under division
(B) of this section any child admitted in accordance with division
(A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include
in its report under division (B)(2) of this section any student
for whom tuition is charged under division (F) of this section.
(C)(1) Except as provided in division (C)(2) of this section,
and subject to divisions (C)(3), (4), (5), (6), and (7) of this
section, on a full-time equivalency basis, for each student
enrolled in a community school established under this chapter, the
department of education annually shall deduct from the state
education aid of a student's resident district and, if necessary,
from the payment made to the district under sections 321.24 and
323.156 of the Revised Code and pay to the community school the
sum of the following:
(a) An opportunity grant in an amount equal to the formula
amount;
(b) The per pupil amount of targeted assistance funds
calculated under division (A) of section 3317.0217 of the Revised
Code for the student's resident district, as determined by the
department, X 0.25;
(c) Additional state aid for special education and related
services provided under Chapter 3323. of the Revised Code as
follows:
(i) If the student is a category one special education
student, the amount specified in division (A) of section 3317.013
of the Revised Code;
(ii) If the student is a category two special education
student, the amount specified in division (B) of section 3317.013
of the Revised Code;
(iii) If the student is a category three special education
student, the amount specified in division (C) of section 3317.013
of the Revised Code;
(iv) If the student is a category four special education
student, the amount specified in division (D) of section 3317.013
of the Revised Code;
(v) If the student is a category five special education
student, the amount specified in division (E) of section 3317.013
of the Revised Code;
(vi) If the student is a category six special education
student, the amount specified in division (F) of section 3317.013
of the Revised Code.
(d) If the student is in kindergarten through third grade, an
additional amount of $211, in fiscal year 2014, and $290, in
fiscal year 2015;
(e) If the student is economically disadvantaged, an
additional amount equal to the following:
($269, in fiscal year 2014, or $272, in fiscal year 2015) X
(the resident district's economically disadvantaged index)
(f) Limited English proficiency funds as follows:
(i) If the student is a category one limited English
proficient student, the amount specified in division (A) of
section 3317.016 of the Revised Code;
(ii) If the student is a category two limited English
proficient student, the amount specified in division (B) of
section 3317.016 of the Revised Code;
(iii) If the student is a category three limited English
proficient student, the amount specified in division (C) of
section 3317.016 of the Revised Code.
(g) Career-technical education funds as follows:
(i) If the student is a category one career-technical
education student, the amount specified in division (A) of section
3317.014 of the Revised Code;
(ii) If the student is a category two career-technical
education student, the amount specified in division (B) of section
3317.014 of the Revised Code;
(iii) If the student is a category three career-technical
education student, the amount specified in division (C) of section
3317.014 of the Revised Code;
(iv) If the student is a category four career-technical
education student, the amount specified in division (D) of section
3317.014 of the Revised Code;
(v) If the student is a category five career-technical
education student, the amount specified in division (E) of section
3317.014 of the Revised Code.
Deduction and payment of funds under division (C)(1)(g) of
this section is subject to approval by the lead district of a
career-technical planning district or the department of education
under section 3317.161 of the Revised Code.
(2) When deducting from the state education aid of a
student's resident district for students enrolled in an internet-
or computer-based community school and making payments to such
school under this section, the department shall make the
deductions and payments described in only divisions (C)(1)(a),
(c), and (g) of this section.
No deductions or payments shall be made for a student
enrolled in such school under division (C)(1)(b), (d), (e), or (f)
of this section.
(3)(a) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(B) of section 3317.0214 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(b) The community school shall report under division
(C)(3)(a) of this section, and the department shall pay for, only
the costs of educational expenses and the related services
provided to the student in accordance with the student's
individualized education program. Any legal fees, court costs, or
other costs associated with any cause of action relating to the
student may not be included in the amount.
(4) In any fiscal year, a community school receiving funds
under division (C)(1)(g) of this section shall spend those funds
only for the purposes that the department designates as approved
for career-technical education expenses. Career-technical
educational education expenses approved by the department shall
include only expenses connected to the delivery of
career-technical programming to career-technical students. The
department shall require the school to report data annually so
that the department may monitor the school's compliance with the
requirements regarding the manner in which funding received under
division (C)(1)(g) of this section may be spent.
(5) All funds received under division (C)(1)(g) of this
section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be
spent on curriculum development, purchase, and implementation;
instructional resources and supplies; industry-based program
certification; student assessment, credentialing, and placement;
curriculum specific equipment purchases and leases;
career-technical student organization fees and expenses; home and
agency linkages; work-based learning experiences; professional
development; and other costs directly associated with
career-technical education programs including development of new
programs.
(b) Not more than twenty-five per cent of the funds shall be
used for personnel expenditures.
(6) A community school shall spend the funds it receives
under division (C)(1)(e) of this section in accordance with
section 3317.25 of the Revised Code.
(7) If the sum of the payments computed under division (C)(1)
of this section for the students entitled to attend school in a
particular school district under sections 3313.64 and 3313.65 of
the Revised Code exceeds the sum of that district's state
education aid and its payment under sections 321.24 and 323.156 of
the Revised Code, the department shall calculate and apply a
proration factor to the payments to all community schools under
that division for the students entitled to attend school in that
district.
(D) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(E) A community school may not levy taxes or issue bonds
secured by tax revenues.
(F) No community school shall charge tuition for the
enrollment of any student who is a resident of this state. A
community school may charge tuition for the enrollment of any
student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (C) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(H) The department of education shall adjust the amounts
subtracted and paid under division (C) of this section to reflect
any enrollment of students in community schools for less than the
equivalent of a full school year. The state board of education
within ninety days after April 8, 2003, shall adopt in accordance
with Chapter 119. of the Revised Code rules governing the payments
to community schools under this section including initial payments
in a school year and adjustments and reductions made in subsequent
periodic payments to community schools and corresponding
deductions from school district accounts as provided under
division (C) of this section. For purposes of this section:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school for the period of time beginning on the later of
the date on which the school both has received documentation of
the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on
which the student is entered into the education management
information system established under section 3301.0714 of the
Revised Code. For purposes of applying this division and divisions
(H)(3) and (4) of this section to a community school student,
"learning opportunities" shall be defined in the contract, which
shall describe both classroom-based and non-classroom-based
learning opportunities and shall be in compliance with criteria
and documentation requirements for student participation which
shall be established by the department. Any student's instruction
time in non-classroom-based learning opportunities shall be
certified by an employee of the community school. A student's
enrollment shall be considered to cease on the date on which any
of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Except as otherwise specified in this paragraph, beginning in
the 2011-2012 school year, any student who completed the prior
school year in an internet- or computer-based community school
shall be considered to be enrolled in the same school in the
subsequent school year until the student's enrollment has ceased
as specified in division (H)(2) of this section. The department
shall continue subtracting and paying amounts for the student
under division (C) of this section without interruption at the
start of the subsequent school year. However, if the student
without a legitimate excuse fails to participate in the first one
hundred five consecutive hours of learning opportunities offered
to the student in that subsequent school year, the student shall
be considered not to have re-enrolled in the school for that
school year and the department shall recalculate the payments to
the school for that school year to account for the fact that the
student is not enrolled.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (H)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to disease epidemic, hazardous weather conditions,
law enforcement emergencies, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use, so
long as the school was actually open for instruction with students
in attendance during that school year for not less than the
minimum number of hours required by this chapter. The department
shall treat the school as if it were open for instruction with
students in attendance during the hours or days waived under this
division.
(I) The department of education shall reduce the amounts paid
under this section to reflect payments made to colleges under
division (B) of section 3365.07 of the Revised Code or through
alternative funding agreements entered into under rules adopted
under section 3365.12 of the Revised Code.
(J)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (C) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(K)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(L) The department shall not subtract from a school
district's state aid account and shall not pay to a community
school under division (C) of this section any amount for any of
the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account and shall not
pay to a community school under division (C) of this section any
amount for that veteran.
Sec. 3314.191. Notwithstanding any provision to the contrary
in the Revised Code, the department of education shall make no
payment under section 3314.08 of the Revised Code to a community
school opening for its first year of operation until the sponsor
of that school confirms all of the following:
(A) The school is in compliance with the provisions described
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the
Revised Code.
(B) The sponsor has approved the financial controls required
by the comprehensive plan for the school under division (B)(5) of
section 3314.03 of the Revised Code.
(C) The school facilities will be ready and open for use by
the date prescribed in the contract entered into under section
3314.03 of the Revised Code, and the sponsor has reviewed any
lease, purchase agreement, permits required by statute or
contract, and construction plans.
(D) The chief administrator of the community school actively
is managing daily operations at the school.
(E) The projected enrollment reported to the department is
accurate.
Sec. 3314.352. No community school that is permanently closed
under section 3314.35 or 3314.351 of the Revised Code may be
reopened under another name if any of the following conditions are
true:
(A) The new school has the same sponsor as the closed school.
(B) The new school has the same chief administrator as the
closed school.
(C) The governing authority of the new school consists of any
of the same members that served on the governing authority of the
closed school during that school's last year of operation.
(D) Fifty per cent or more of the teaching staff of the new
school consists of the same individuals who were employed as
teachers at the closed school during that school's last year of
operation.
(E) Fifty per cent or more of the administrative staff of the
new school consists of the same individuals who were employed as
administrators at the closed school during that school's last year
of operation.
(F) The performance standards and accountability plan
prescribed by the sponsor contract for the new school, entered
into under section 3314.03 of the Revised Code, are the same as
those for the closed school.
Sec. 3317.03. (A) The superintendent of each city, local,
and exempted village school district shall report to the state
board of education as of the last day of October, March, and June
of each year the enrollment of students receiving services from
schools under the superintendent's supervision, and the numbers of
other students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code the superintendent
is required to report under this section, so that the department
of education can calculate the district's formula ADM, total ADM,
category one through five career-technical education ADM, category
one through three limited English proficient ADM, category one
through six special education ADM, preschool scholarship ADM,
transportation ADM, and, for purposes of provisions of law outside
of Chapter 3317. of the Revised Code, average daily membership.
(1) The enrollment reported by the superintendent during the
reporting period shall consist of the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
When reporting students under division (A)(1) of this
section, the superintendent also shall report the district where
each student is entitled to attend school pursuant to sections
3313.64 and 3313.65 of the Revised Code.
(2) The department of education shall compile a list of all
students reported to be enrolled in a district under division
(A)(1) of this section and of the students entitled to attend
school in the district pursuant to section 3313.64 or 3313.65 of
the Revised Code on an FTE basis but receiving educational
services in grades kindergarten through twelve from one or more of
the following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or, a
science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code, if the students
qualified for the scholarship under section 3310.03 of the Revised
Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code, including any participation in
a college pursuant to Chapter 3365. of the Revised Code while
enrolled in the school.
(3) The department also shall compile a list of the students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code who are enrolled in a joint vocational
school district or under a career-technical education compact,
excluding any students so entitled to attend school in the
district who are enrolled in another school district through an
open enrollment policy as reported under division (A)(2)(d) of
this section and then enroll in a joint vocational school district
or under a career-technical education compact.
The department shall provide each city, local, and exempted
village school district with an opportunity to review the list of
students compiled under divisions (A)(2) and (3) of this section
to ensure that the students reported accurately reflect the
enrollment of students in the district.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the reports
provided by the department under division (A) of this section all
of the following:
(1) The total student enrollment in regular learning day
classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The unduplicated count of the number of preschool
children with disabilities enrolled in the district for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, in accordance with the disability categories
prescribed in section 3317.013 of the Revised Code;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. of
the Revised Code or, a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code and who
qualified for the scholarship under section 3310.03 of the Revised
Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, including any
participation in a college pursuant to Chapter 3365. of the
Revised Code while enrolled in the school;
(l) Enrolled in an alternative public provider or a
registered private provider with a scholarship awarded under
sections 3310.51 to 3310.64 of the Revised Code.
(4) The total enrollment of pupils in joint vocational
schools;
(5) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category one disability
described in division (A) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(6) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category two disabilities described
in division (B) of section 3317.013 of the Revised Code, including
children attending a special education program operated by an
alternative public provider or a registered private provider with
a scholarship awarded under sections 3310.51 to 3310.64 of the
Revised Code;
(7) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category three disabilities
described in division (C) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(8) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category four disabilities
described in division (D) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(9) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category five disabilities
described in division (E) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(10) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) and under division (B)(3)(h)
of this section receiving special education services for category
six disabilities described in division (F) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under either section
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category one career-technical education programs or classes,
described in division (A) of section 3317.014 of the Revised Code,
operated by the school district or by another district that is a
member of the district's career-technical planning district, other
than a joint vocational school district, or by an educational
service center, notwithstanding division (H) of section 3317.02 of
the Revised Code and division (C)(3) of this section;
(12) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category two career-technical education programs or services,
described in division (B) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(13) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category three career-technical education programs or services,
described in division (C) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(14) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category four career-technical education programs or services,
described in division (D) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(15) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category five career-technical education programs or services,
described in division (E) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(16) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (A) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(17) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (B) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(18) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (C) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(19) The average number of children transported during the
reporting period by the school district on board-owned or
contractor-owned and -operated buses, reported in accordance with
rules adopted by the department of education;
(20)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998. Division (B)(20)(a) of this section does not
apply after fiscal year 2013.
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division (B)
of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code.
(21) The enrollment of students who are economically
disadvantaged, as defined by the department, excluding any student
reported under division (B)(3)(e) of this section as enrolled in
an internet- or computer-based community school. A student shall
not be categorically excluded from the number reported under
division (B)(21) of this section based on anything other than
family income.
(C)(1) The state board of education shall adopt rules
necessary for implementing divisions (A), (B), and (D) of this
section.
(2) A student enrolled in a community school established
under Chapter 3314., a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school,
the science, technology, engineering, and mathematics school, or
the college-preparatory boarding school for purposes of section
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding
the enrollment of students certified pursuant to division
(B)(3)(d), (e), (j), or (k) of this section, the department may
adjust the formula ADM of a school district to account for
students entitled to attend school in the district under section
3313.64 or 3313.65 of the Revised Code who are enrolled in a
community school, a science, technology, engineering, and
mathematics school, or a college-preparatory boarding school for
only a portion of the school year.
(3) No child shall be counted as more than a total of one
child in the sum of the enrollment of students of a school
district under division (A), divisions (B)(1) to (22), or division
(D) of this section, except as follows:
(a) A child with a disability described in section 3317.013
of the Revised Code may be counted both in formula ADM and in
category one, two, three, four, five, or six special education ADM
and, if applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (H) of
section 3317.02 of the Revised Code, such a child shall be counted
in category one, two, three, four, five, or six special education
ADM in the same proportion that the child is counted in formula
ADM.
(b) A child enrolled in career-technical education programs
or classes described in section 3317.014 of the Revised Code may
be counted both in formula ADM and category one, two, three, four,
or five career-technical education ADM and, if applicable, in
category one, two, three, four, five, or six special education
ADM. Such a child shall be counted in category one, two, three,
four, or five career-technical education ADM in the same
proportion as the percentage of time that the child spends in the
career-technical education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall report and certify to the superintendent of public
instruction as of the last day of October, March, and June of each
year the enrollment of students receiving services from schools
under the superintendent's supervision so that the department can
calculate the district's formula ADM, total ADM, category one
through five career-technical education ADM, category one through
three limited English proficient ADM, category one through six
special education ADM, and for purposes of provisions of law
outside of Chapter 3317. of the Revised Code, average daily
membership.
The enrollment reported and certified by the superintendent,
except as otherwise provided in this division, shall consist of
the the number of students in grades six through twelve receiving
any educational services from the district, except that the
following categories of students shall not be included in the
determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the report
provided under division (D)(1) of this section the enrollment for
each of the following categories of students:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one career-technical
education services, described in division (A) of section 3317.014
of the Revised Code;
(i) Students receiving category two career-technical
education services, described in division (B) of section 3317.014
of the Revised Code;
(j) Students receiving category three career-technical
education services, described in division (C) of section 3317.014
of the Revised Code;
(k) Students receiving category four career-technical
education services, described in division (D) of section 3317.014
of the Revised Code;
(l) Students receiving category five career-technical
education services, described in division (E) of section 3317.014
of the Revised Code;
(m) Limited English proficient students described in division
(A) of section 3317.016 of the Revised Code;
(n) Limited English proficient students described in division
(B) of section 3317.016 of the Revised Code;
(o) Limited English proficient students described in division
(C) of section 3317.016 of the Revised Code;
(p) Students who are economically disadvantaged, as defined
by the department. A student shall not be categorically excluded
from the number reported under division (D)(2)(p) of this section
based on anything other than family income.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school enrollment, which record
shall accurately show, for each day the school is in session, the
actual enrollment in regular day classes. For the purpose of
determining the enrollment of students, the enrollment figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
enrollment for each school shall be maintained in such manner that
no pupil shall be counted as enrolled prior to the actual date of
entry in the school and also in such manner that where for any
cause a pupil permanently withdraws from the school that pupil
shall not be counted as enrolled from and after the date of such
withdrawal. There shall not be included in the enrollment of any
school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge;
(5) Any pupil who has a high school equivalence diploma as
defined in section 5107.40 of the Revised Code.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in the enrollment of
students determined under this section.
Notwithstanding division (E)(3) of this section, the
enrollment of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
The formula ADM, total ADM, category one through five
career-technical education ADM, category one through three limited
English proficient ADM, category one through six special education
ADM, preschool scholarship ADM, transportation ADM, and, for
purposes of provisions of law outside of Chapter 3317. of the
Revised Code, average daily membership of any school district
shall be determined in accordance with rules adopted by the state
board of education.
(F)(1) If a student attending a community school under
Chapter 3314., a science, technology, engineering, and mathematics
school established under Chapter 3326., or a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code is not included in the formula ADM calculated for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(2) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
(3) If a student awarded a scholarship under the Jon Peterson
special needs scholarship program is not included in the formula
ADM of the school district from which the department deducts funds
for the scholarship under section 3310.55 of the Revised Code, the
department shall adjust the formula ADM of that school district to
include the student to the extent necessary to account for the
deduction, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The unduplicated count of the number of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (A) to (F) of section 3317.013
of the Revised Code adjusted for the portion of the year each
child is so enrolled;
(ii) The unduplicated count of the number of all preschool
children with disabilities in classes or programs for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code.
(b) The superintendent of an institution with
career-technical education units approved under section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the
enrollment in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or provides services to preschool children with disabilities
pursuant to an agreement between the DD board and the appropriate
school district shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the enrollment in classes under section 3317.20 of the
Revised Code for each school district that has placed children in
the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which the DD
board is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code, and the number of those
classes.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's enrollment shall not be included in
that district's enrollment figure used in calculating the
district's payments under this chapter. The reporting official
shall report separately the enrollment of all pupils whose
attendance in the district is unauthorized attendance, and the
enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its enrollment.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in its enrollment:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend an
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable enrollments for all students in the
cooperative education district, also indicating the city, local,
or exempted village district where each pupil is entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the enrollment certified or reported by a
district superintendent, or other reporting entity, is not
correct, the superintendent of public instruction may order that
the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3318.70. (A) As used in this section:
(1) "Acquisition of classroom facilities" has the same
meaning as in section 3318.40 of the Revised Code.
(2) "Classroom facilities" has the same meaning as in section
3318.01 of the Revised Code.
(3) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code that is not governed by a single school district
board of education, as prescribed by section 3326.51 of the
Revised Code.
(B) The Ohio school facilities commission shall establish
guidelines for assisting STEM schools in the acquisition of
classroom facilities.
(C) Upon receipt of a written proposal by the governing body
of a STEM school, the Ohio school facilities commission, subject
to approval of the controlling board, may shall provide funding to
assist that STEM school in the acquisition of classroom
facilities. The proposal of the governing body shall be submitted
in a form and in the manner prescribed by the commission. The
proposal shall indicate both the total amount of funding requested
from the commission and the amount of other funding pledged for
the acquisition of the classroom facilities, the latter of which
shall not be less than the total amount of funding requested from
the commission. If the commission decides in favor of providing
funding for the classroom facilities Once the commission
determines a proposal meets its established guidelines and if the
controlling board approves that funding, the commission shall
enter into an agreement with the governing body for the
acquisition of the classroom facilities and shall encumber, in
accordance with section 3318.11 of the Revised Code, the approved
funding from the amounts appropriated to the commission for
classroom facilities assistance projects. The agreement shall
include a stipulation of the ownership of the classroom facilities
in the event the STEM school permanently closes at any time.
(C)(D) In the case of the governing body of a group of STEM
schools, as prescribed by section 3326.031 of the Revised Code,
the governing body shall submit a proposal for each school under
its direction separately, and the commission shall consider each
proposal separately.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised
Code, this section applies to any person who is employed under a
teacher license issued under this chapter, or under a professional
or permanent teacher's certificate issued under former section
3319.222 of the Revised Code, and who spends at least fifty per
cent of the time employed providing student instruction. However,
this section does not apply to any person who is employed as a
substitute teacher or as an instructor of adult education.
(A) Not later than July 1, 2013, the board of education of
each school district, in consultation with teachers employed by
the board, shall adopt a standards-based teacher evaluation policy
that conforms with the framework for evaluation of teachers
developed under section 3319.112 of the Revised Code. The policy
shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that
is in effect on September 29, 2011, and shall be included in any
renewal or extension of such an agreement.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code or an alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of
the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension or alternative student
academic progress measure is not applicable, the board shall
administer assessments on the list developed under division (B)(2)
of section 3319.112 of the Revised Code.
(C)(1) The board shall conduct an evaluation of each teacher
employed by the board at least once each school year, except as
provided in division (C)(2) of this section. The evaluation shall
be completed by the first day of May and the teacher shall receive
a written report of the results of the evaluation by the tenth day
of May.
(2)(a) The board may elect, by adoption of a resolution, to
evaluate each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section once
every two three school years. In that case, the biennial
evaluation
(b) The board may evaluate each teacher who received a rating
of skilled on the teacher's most recent evaluation conducted under
this section once every two years.
(c) For each teacher who is evaluated pursuant to division
(C)(2) of this section, the evaluation shall be completed by the
first day of May of the applicable school year, and the teacher
shall receive a written report of the results of the evaluation by
the tenth day of May of that school year.
(d) Beginning July 1, 2014, the board may elect not to
conduct an evaluation of a teacher who meets one of the following
requirements:
(i) The teacher was on leave from the school district for
fifty per cent or more of the school year, as calculated by the
board.
(ii) The teacher has submitted notice of retirement and that
notice has been accepted by the board not later than the first day
of December of the school year in which the evaluation is
otherwise scheduled to be conducted.
(3) In any year that a teacher is not formally evaluated
pursuant to division (C) of this section as a result of receiving
a rating of accomplished or skilled on the teacher's most recent
evaluation, an individual qualified to evaluate a teacher under
division (D) of this section shall conduct at least one
observation of the teacher and hold at least one conference with
the teacher. The board also may require student surveys, teacher
self-evaluations, or any other method of review it determines
necessary to ensure the continued success of an accomplished or
skilled teacher.
(4) The board may require a teacher who received a rating of
ineffective on the teacher's most recent evaluation to prepare and
implement an improvement plan for use during the next school year.
(5) The board may elect, by adoption of a resolution, to
evaluate its teachers on a more frequent basis than as required by
division (C) of this section.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who hold a
credential established by the department of education for being an
evaluator:
(1) A person who is under contract with the board pursuant to
section 3319.01 or 3319.02 of the Revised Code and holds a license
designated for being a superintendent, assistant superintendent,
or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director, administrative specialist, or
supervisor in any educational area issued under section 3319.22 of
the Revised Code;
(3) A person designated to conduct evaluations under an
agreement entered into by the board, including an agreement
providing for peer review entered into by the board and
representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the
board to conduct evaluations and who holds a license designated
for being a superintendent, assistant superintendent, principal,
vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of
the Revised Code:
(1) The board shall require at least three formal
observations of each teacher who is under consideration for
nonrenewal and with whom the board has entered into a limited
contract or an extended limited contract under section 3319.11 of
the Revised Code.
(2) The board may elect, by adoption of a resolution, to
require only one formal observation of a teacher who received a
rating of accomplished on the teacher's most recent evaluation
conducted under this section, provided the teacher completes a
project that has been approved by the board to demonstrate the
teacher's continued growth and practice at the accomplished level.
(F) The board shall include in its evaluation policy
procedures for using the evaluation results for retention and
promotion decisions and for removal of poorly performing teachers.
Seniority shall not be the basis for a decision to retain a
teacher, except when making a decision between teachers who have
comparable evaluations.
(G) For purposes of section 3333.0411 of the Revised Code,
the board annually shall report to the department of education the
number of teachers for whom an evaluation was conducted under this
section and the number of teachers assigned each rating prescribed
under division (B)(1) of section 3319.112 of the Revised Code,
aggregated by the teacher preparation programs from which and the
years in which the teachers graduated. The department shall
establish guidelines for reporting the information required by
this division. The guidelines shall not permit or require that the
name of, or any other personally identifiable information about,
any teacher be reported under this division.
(H) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after September 24, 2012.
Sec. 3319.112. (A) Not later than December 31, 2011, the
state board of education shall develop a standards-based state
framework for the evaluation of teachers. The state board may
update the framework periodically by adoption of a resolution. The
framework shall establish an evaluation system that does the
following:
(1) Provides for multiple evaluation factors. One
(a) One factor shall be student academic growth which shall
account for fifty
thirty-five per cent of each evaluation. A
school district may attribute an additional percentage to the
academic growth factor, not to exceed fifteen per cent of each
evaluation. However, a school district may instead attribute that
additional percentage to any of the factors set forth in division
(A)(1)(b) of this section. When applicable to the grade level or
subject area taught by a teacher, the value-added progress
dimension established under section 3302.021 of the Revised Code
or an alternative student academic progress measure if adopted
under division (C)(1)(e) of section 3302.03 of the Revised Code
shall be used in the student academic growth portion of an
evaluation in proportion to the part of a teacher's schedule of
courses or subjects for which the value-added progress dimension
is applicable.
If a teacher's schedule is comprised only of courses or
subjects for which the value-added progress dimension is
applicable, one of the following applies:
(a)(i) Beginning with March 22, 2013, until June 30, 2014,
the majority of the student academic growth factor of the
evaluation shall be based on the value-added progress dimension.
(b)(ii) On or after July 1, 2014, the entire student academic
growth factor of the evaluation shall be based on the value-added
progress dimension. In calculating student academic growth for an
evaluation, a student shall not be included if the student has
forty-five or more excused or unexcused absences during the full
academic year.
(b) The fifteen per cent of each evaluation that a school
district may attribute according to division (A)(1)(a) of this
section may include a combination of the following factors:
(i) Formal observations and reviews as required by division
(A)(3) of this section;
(iii) Peer review evaluations;
(iv) Any other factors the board determines necessary and
appropriate.
(2) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated,
including at least two formal observations by the evaluator of at
least thirty minutes each and classroom walkthroughs;
(4) Assigns a rating on each evaluation in accordance with
division (B) of this section;
(5) Requires each teacher to be provided with a written
report of the results of the teacher's evaluation;
(6) Identifies measures of student academic growth for grade
levels and subjects for which the value-added progress dimension
prescribed by section 3302.021 of the Revised Code or an
alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code does not
apply;
(7) Implements a classroom-level, value-added program
developed by a nonprofit organization described in division (B) of
section 3302.021 of the Revised Code or an alternative student
academic progress measure if adopted under division (C)(1)(e) of
section 3302.03 of the Revised Code;
(8) Provides for professional development to accelerate and
continue teacher growth and provide support to poorly performing
teachers;
(9) Provides for the allocation of financial resources to
support professional development.
(B) For purposes of the framework developed under this
section, the state board also shall do the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111
of the Revised Code:
(2) For grade levels and subjects for which the assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code and the value-added progress dimension prescribed by section
3302.021 of the Revised Code, or alternative student academic
progress measure, do not apply, develop a list of student
assessments that measure mastery of the course content for the
appropriate grade level, which may include nationally normed
standardized assessments, industry certification examinations, or
end-of-course examinations.
(C) The state board shall consult with experts, teachers and
principals employed in public schools, and representatives of
stakeholder groups in developing the standards and criteria
required by division (B)(1) of this section.
(D) To assist school districts in developing evaluation
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of
the Revised Code, the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
(E) Not later than June 30, 2013, the state board, in
consultation with state agencies that employ teachers, shall
develop a standards-based framework for the evaluation of teachers
employed by those agencies. Each state agency that employs
teachers shall adopt a standards-based teacher evaluation policy
that conforms with the framework developed under this division.
The policy shall become operative at the expiration of any
collective bargaining agreement covering teachers employed by the
agency that is in effect on September 24, 2012, and shall be
included in any renewal or extension of such an agreement.
However, this division does not apply to any person who is
employed as a substitute teacher or as an instructor of adult
education.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A)(3) of this section. The state board, on a case-by-case basis,
may extend the license's duration as necessary to enable the
license holder to complete the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories, types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section. The rules shall also include the
reasons for which a resident educator license may be renewed under
division (A)(1)(a) of this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program or be a participant in the teach for America
program and meet the qualifications required under section
3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
(D) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E) Any rules the state board of education adopts, amends, or
rescinds for educator licenses under this section, division (D) of
section 3301.07 of the Revised Code, or any other law shall be
adopted, amended, or rescinded under Chapter 119. of the Revised
Code except as follows:
(1) Notwithstanding division (D) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, in the case
of the adoption of any rule or the amendment or rescission of any
rule that necessitates institutions' offering preparation programs
for educators and other school personnel that are approved by the
chancellor of the Ohio board of regents under section 3333.048 of
the Revised Code to revise the curriculum of those programs, the
effective date shall not be as prescribed in division (D) of
section 119.03 and division (A)(1) of section 119.04 of the
Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date
prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind
emergency rules in division (F) of section 119.03 of the Revised
Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses.
(F)(1) The rules adopted under this section establishing
standards requiring additional coursework for the renewal of any
educator license shall require a school district and a chartered
nonpublic school to establish local professional development
committees. In a nonpublic school, the chief administrative
officer shall establish the committees in any manner acceptable to
such officer. The committees established under this division shall
determine whether coursework that a district or chartered
nonpublic school teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules shall establish a
procedure by which a teacher may appeal the decision of a local
professional development committee.
(2) In any school district in which there is no exclusive
representative established under Chapter 4117. of the Revised
Code, the professional development committees shall be established
as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under
this section, the board of education of each school district shall
establish the structure for one or more local professional
development committees to be operated by such school district. The
committee structure so established by a district board shall
remain in effect unless within thirty days prior to an anniversary
of the date upon which the current committee structure was
established, the board provides notice to all affected district
employees that the committee structure is to be modified.
Professional development committees may have a district-level or
building-level scope of operations, and may be established with
regard to particular grade or age levels for which an educator
license is designated.
Each professional development committee shall consist of at
least three classroom teachers employed by the district, one
principal employed by the district, and one other employee of the
district appointed by the district superintendent. For committees
with a building-level scope, the teacher and principal members
shall be assigned to that building, and the teacher members shall
be elected by majority vote of the classroom teachers assigned to
that building. For committees with a district-level scope, the
teacher members shall be elected by majority vote of the classroom
teachers of the district, and the principal member shall be
elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district,
in which case the one or two principals employed shall serve on
the committee. If a committee has a particular grade or age level
scope, the teacher members shall be licensed to teach such grade
or age levels, and shall be elected by majority vote of the
classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development committee, except in the case of vacancies among the
elected classroom teacher members, which shall be filled by vote
of the remaining members of the committee so selected.
Terms of office on professional development committees shall
be prescribed by the district board establishing the committees.
The conduct of elections for members of professional development
committees shall be prescribed by the district board establishing
the committees. A professional development committee may include
additional members, except that the majority of members on each
such committee shall be classroom teachers employed by the
district. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election and appointment of all committee members,
shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall
select a chairperson and such other officers the committee deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon the filing of a petition with the district
superintendent signed by a majority of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has been established pursuant to Chapter 4117. of
the Revised Code, professional development committees shall be
established in accordance with any collective bargaining agreement
in effect in the district that includes provisions for such
committees.
If the collective bargaining agreement does not specify a
different method for the selection of teacher members of the
committees, the exclusive representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure for the committees, the board of education of
the school district shall establish the structure, including the
number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to
be part of each committee; whether the scope of the committees
will be district levels, building levels, or by type of grade or
age levels for which educator licenses are designated; the lengths
of terms for members; the manner of filling vacancies on the
committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(4) of
this section, there shall be a majority of teacher members of any
professional development committee, there shall be at least five
total members of any professional development committee, and the
exclusive representative shall designate replacement members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such replacements.
(4) Whenever an administrator's coursework plan is being
discussed or voted upon, the local professional development
committee shall, at the request of one of its administrative
members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members
voting on the plan.
(G)(1) The department of education, educational service
centers, county boards of developmental disabilities, regional
professional development centers, special education regional
resource centers, college and university departments of education,
head start programs, and the Ohio education computer network may
establish local professional development committees to determine
whether the coursework proposed by their employees who are
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009, meet the requirements of the
rules adopted under this section. They may establish local
professional development committees on their own or in
collaboration with a school district or other agency having
authority to establish them.
Local professional development committees established by
county boards of developmental disabilities shall be structured in
a manner comparable to the structures prescribed for school
districts in divisions (F)(2) and (3) of this section, as shall
the committees established by any other entity specified in
division (G)(1) of this section that provides educational services
by employing or contracting for services of classroom teachers
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009. All other entities specified
in division (G)(1) of this section shall structure their
committees in accordance with guidelines which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(G)(1) of this section but provides educational services and
employs or contracts for services of classroom teachers licensed
or certificated under this section or section 3319.222 of the
Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, may establish a local
professional development committee, subject to the approval of the
department of education. The committee shall be structured in
accordance with guidelines issued by the state board.
Sec. 3319.26. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining an
alternative resident educator license for teaching in grades
kindergarten to twelve, or the equivalent, in a designated subject
area or in the area of intervention specialist, as defined by rule
of the state board. The rules shall also include the reasons for
which an alternative resident educator license may be renewed
under division (D) of this section.
(B) The superintendent of public instruction and the
chancellor of the Ohio board of regents jointly shall develop an
intensive pedagogical training institute to provide instruction in
the principles and practices of teaching for individuals seeking
an alternative resident educator license. The instruction shall
cover such topics as student development and learning, pupil
assessment procedures, curriculum development, classroom
management, and teaching methodology.
(C) The rules adopted under this section shall require
applicants for the alternative resident educator license to
satisfy the following conditions prior to issuance of the license,
but they shall not require applicants to have completed a major in
the subject area for which application is being made:
(1) Hold a minimum of a baccalaureate degree;
(2) Successfully complete the pedagogical training institute
described in division (B) of this section or a summer training
institute provided to participants of a teacher preparation
program that is operated by a nonprofit organization and has been
approved by the chancellor. The chancellor shall approve any such
program that requires participants to hold a bachelor's degree;
have a cumulative undergraduate grade point average of at least
2.5 out of 4.0, or its equivalent; and successfully complete the
program's summer training institute.
(3) Pass an examination in the subject area for which
application is being made.
(D) An alternative resident educator license shall be valid
for four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A) of this section. The state board, on a case-by-case basis, may
extend the license's duration as necessary to enable the license
holder to complete the Ohio teacher residency program established
under section 3319.223 of the Revised Code.
(E) The rules shall require the holder of an alternative
resident educator license, as a condition of continuing to hold
the license, to do all of the following:
(1) Participate in the Ohio teacher residency program;
(2) Show satisfactory progress in taking and successfully
completing one of the following:
(a) At least twelve additional semester hours, or the
equivalent, of college coursework in the principles and practices
of teaching in such topics as student development and learning,
pupil assessment procedures, curriculum development, classroom
management, and teaching methodology;
(b) Professional development provided by a teacher
preparation program that has been approved by the chancellor under
division (C)(2) of this section.
(3) Take an assessment of professional knowledge in the
second year of teaching under the license.
(F) The rules shall provide for the granting of a
professional educator license to a holder of an alternative
resident educator license upon successfully completing all of the
following:
(1) Four years of teaching under the alternative license;
(2) The additional college coursework or professional
development described in division (E)(2) of this section;
(3) The assessment of professional knowledge described in
division (E)(3) of this section. The standards for successfully
completing this assessment and the manner of conducting the
assessment shall be the same as for any other individual who is
required to take the assessment pursuant to rules adopted by the
state board under section 3319.22 of the Revised Code.
(4) The Ohio teacher residency program;
(5) All other requirements for a professional educator
license adopted by the state board under section 3319.22 of the
Revised Code.
(G) A person who is assigned to teach in this state as a
participant in the teach for America program or who has completed
two years of teaching in another state as a participant in that
program shall be eligible for a license only under section
3319.227 of the Revised Code and shall not be eligible for a
license under this section.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"
means a certificate, license, or permit described in this chapter
or in division (B) of section 3301.071 or in section 3301.074 of
the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311 of
the Revised Code, may refuse to issue a license to an applicant;
may limit a license it issues to an applicant; may suspend,
revoke, or limit a license that has been issued to any person; or
may revoke a license that has been issued to any person and has
expired:
(1) Engaging in an immoral act, incompetence, negligence, or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of, or a conviction of any of the following:
(a) A felony other than a felony listed in division (C) of
this section;
(b) An offense of violence other than an offense of violence
listed in division (C) of this section;
(c) A theft offense, as defined in section 2913.01 of the
Revised Code, other than a theft offense listed in division (C) of
this section;
(d) A drug abuse offense, as defined in section 2925.01 of
the Revised Code, that is not a minor misdemeanor, other than a
drug abuse offense listed in division (C) of this section;
(e) A violation of an ordinance of a municipal corporation
that is substantively comparable to an offense listed in divisions
(B)(2)(a) to (d) of this section.
(3) A judicial finding of eligibility for intervention in
lieu of conviction under section 2951.041 of the Revised Code, or
agreeing to participate in a pre-trial diversion program under
section 2935.36 of the Revised Code, or a similar diversion
program under rules of a court, for any offense listed in division
(B)(2) or (C) of this section;
(4) Failure to comply with section 3313.536, 3314.40,
3319.313, 3326.24, 3328.19, or 5126.253 of the Revised Code.
(C) Upon learning of a plea of guilty to, a finding of guilt
by a jury or court of, or a conviction of any of the offenses
listed in this division by a person who holds a current or expired
license or is an applicant for a license or renewal of a license,
the state board or the superintendent of public instruction, if
the state board has delegated the duty pursuant to division (D) of
this section, shall by a written order revoke the person's license
or deny issuance or renewal of the license to the person. The
state board or the superintendent shall revoke a license that has
been issued to a person to whom this division applies and has
expired in the same manner as a license that has not expired.
Revocation of a license or denial of issuance or renewal of a
license under this division is effective immediately at the time
and date that the board or superintendent issues the written order
and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or
renewal of license under this division remains in force during the
pendency of an appeal by the person of the plea of guilty, finding
of guilt, or conviction that is the basis of the action taken
under this division.
The state board or superintendent shall take the action
required by this division for a violation of division (B)(1), (2),
(3), or (4) of section 2919.22 of the Revised Code; a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11
of the Revised Code; a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996; a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date;
felonious sexual penetration in violation of former section
2907.12 of the Revised Code; or a violation of an ordinance of a
municipal corporation that is substantively comparable to an
offense listed in this paragraph.
(D) The state board may delegate to the superintendent of
public instruction the authority to revoke a person's license or
to deny issuance or renewal of a license to a person under
division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction
that is the basis of the action taken under division (B)(2) or (C)
of this section, or under the version of division (F) of section
3319.311 of the Revised Code in effect prior to September 12,
2008, is overturned on appeal, upon exhaustion of the criminal
appeal, the clerk of the court that overturned the plea, finding,
or conviction or, if applicable, the clerk of the court that
accepted an appeal from the court that overturned the plea,
finding, or conviction, shall notify the state board that the
plea, finding, or conviction has been overturned. Within thirty
days after receiving the notification, the state board shall
initiate proceedings to reconsider the revocation or denial of the
person's license in accordance with division (E)(2) of this
section. In addition, the person whose license was revoked or
denied may file with the state board a petition for
reconsideration of the revocation or denial along with appropriate
court documents.
(2) Upon receipt of a court notification or a petition and
supporting court documents under division (E)(1) of this section,
the state board, after offering the person an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code, shall
determine whether the person committed the act in question in the
prior criminal action against the person that is the basis of the
revocation or denial and may continue the revocation or denial,
may reinstate the person's license, with or without limits, or may
grant the person a new license, with or without limits. The
decision of the board shall be based on grounds for revoking,
denying, suspending, or limiting a license adopted by rule under
division (G) of this section and in accordance with the
evidentiary standards the board employs for all other licensure
hearings. The decision of the board under this division is subject
to appeal under Chapter 119. of the Revised Code.
(3) A person whose license is revoked or denied under
division (C) of this section shall not apply for any license if
the plea of guilty, finding of guilt, or conviction that is the
basis of the revocation or denial, upon completion of the criminal
appeal, either is upheld or is overturned but the state board
continues the revocation or denial under division (E)(2) of this
section and that continuation is upheld on final appeal.
(F) The state board may take action under division (B) of
this section, and the state board or the superintendent shall take
the action required under division (C) of this section, on the
basis of substantially comparable conduct occurring in a
jurisdiction outside this state or occurring before a person
applies for or receives any license.
(G) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3321.07. If any child attends upon receives instruction
elsewhere than in a public school such instruction shall be in a
school which conforms to the minimum standards prescribed by the
state board of education. The hours and term of attendance exacted
of that school shall be equivalent to the hours and term of
attendance required of children in the public schools of the
district. This section does not require a child to attend a high
school instead of a
vocational career-technical, commercial, or
other special type of school, provided the
successful completion
of instruction therein is for a term and for hours equivalent to
those of the high school, and provided his attendance at such
school will not interfere with a continuous program of education
for the child to the age of sixteen will result in the child
receiving a high school diploma, an industry-recognized
credential, or a journeyman certification as recognized by the
United States department of labor.
Sec. 3321.08. Every child who has been granted an age and
schooling certificate shall, until the age at which such
certificate is no longer required, attend a part-time school or
class for the number of hours not over eight per week that such
school or class is in session,. Such an education program may be
provided by the board of education of the school district in which
the child resides or is employed has made such school or class
available. Such attendance Attendance shall be for the full term
such school or class is in session, and shall begin with the first
week of the school term or within one week after issuance of the
age and schooling certificate. This section does not apply to
children who are employed under vacation and part-time
certificates only. The superintendent of schools may excuse a
child from such attendance for one of the reasons provided in
section 3321.10 of the Revised Code. A For purposes of this
section, a part-time school or class is one which shall offer, to
those minors who have entered industry, instruction supplemental
to their daily occupations or which will increase their civic and
vocational competence or both and which are taught between the
hours of seven in the morning and six in the afternoon of any day
except a legal holiday, Saturday, or Sunday, or between the hours
of seven in the morning and twelve noon of Saturday and which
grants a high school diploma to the child upon the child's
successful completion of a course of instruction.
Sec. 3324.07. (A) The board of education of each school
district shall develop a plan for the service of gifted students
enrolled in the district that are identified under section 3324.03
of the Revised Code. Services specified in the plan developed by
each board may include such options as the following:
(1) A differentiated curriculum;
(4) Accelerated course work;
(5) The post-secondary enrollment option college credit plus
program under Chapter 3365. of the Revised Code;
(9) Self-contained classrooms;
(11) Other options identified in rules adopted by the
department of education.
(B) Each board shall file the plan developed under division
(A) of this section with the department of education by December
15, 2000. The department shall review and analyze each plan to
determine if it is adequate and to make funding estimates.
(C) Unless otherwise required by law, rule, or as a condition
for receipt of funds, school boards may implement the plans
developed under division (A) of this section, but shall not be
required to do so until further action by the general assembly or
the state superintendent of public instruction.
Sec. 3325.02. (A) As used in this chapter, "visual
impairment" means blindness, partial blindness, deaf-blindness, or
multiple disabilities if one of the disabilities is vision
related.
(B) Subject to the regulations adopted by the state board of
education, the state school for the blind shall be open to receive
such blind and partially blind persons, who are residents of this
state, whose disabilities are visual impairments, and who, in the
judgment of the superintendent of public instruction and the
superintendent of the school for the blind, due to such
disability, cannot be educated in the public school system and are
suitable persons to receive instructions according to the methods
employed in such the school.
Sec. 3325.06. (A) The state board of education shall
institute and establish a program of education by the department
of education to train parents of deaf or hard of hearing children
of preschool age. The object and purpose of the educational
program shall be to aid and assist the parents of deaf or hard of
hearing children of preschool age in affording to the children the
means of optimum communicational facilities.
(B) The state board of education shall institute and
establish a program of education to train and assist parents of
children of preschool age whose disabilities are visual
impairments. The object and purpose of the educational program
shall be to enable the parents of children of preschool age whose
disabilities are visual impairments to provide their children with
learning experiences that develop early literacy, communication,
mobility, and daily living skills so the children can function
independently in their living environments.
Sec. 3325.07. The state board of education in carrying out
this section and division (A) of section 3325.06 of the Revised
Code shall, insofar as practicable, plan, present, and carry into
effect an educational program by means of any of the following
methods of instruction:
(A) Classes for parents of deaf or hard of hearing children
of preschool age;
(B) A nursery school where parent and child would enter the
nursery school as a unit;
(C) Correspondence course;
(D) Personal consultations and interviews;
(E) Day-care or child development courses;
(F) Summer enrichment courses;
(G) By such other means or methods as the superintendent of
the state school for the deaf deems advisable that would permit a
deaf or hard of hearing child of preschool age to construct a
pattern of communication at an early age.
The superintendent may allow children who are not deaf or
hard of hearing to participate in the methods of instruction
described in divisions (A) to (G) of this section as a means to
assist deaf or hard of hearing children to construct a pattern of
communication. The superintendent shall establish policies and
procedures regarding the participation of children who are not
deaf or hard of hearing.
The superintendent may establish reasonable fees for
participation in the methods of instruction described in divisions
(A) to (G) of this section to defray the costs of carrying them
out. The superintendent shall determine the manner by which any
such fees shall be collected. All fees shall be deposited in the
even start fees and gifts fund, which is hereby created in the
state treasury. The money in the fund shall be used to implement
this section.
Sec. 3325.071. The state board of education in carrying out
this section and division (B) of section 3325.06 of the Revised
Code shall, insofar as practicable, plan, present, and carry into
effect an educational program by means of any of the following
methods of instruction:
(A) Classes for parents of children of preschool age whose
disabilities are visual impairments, independently or in
cooperation with community agencies;
(B) Periodic interactive parent-child classes for infants and
toddlers whose disabilities are visual impairments;
(C) Correspondence course;
(D) Personal consultations and interviews;
(E) Day-care or child development courses for children and
parents;
(F) Summer enrichment courses;
(G) By such other means or methods as the superintendent of
the state school for the blind deems advisable that would permit a
child of preschool age whose disability is a visual impairment to
construct a pattern of communication and develop literacy,
mobility, and independence at an early age.
The superintendent may allow children who do not have
disabilities that are visual impairments to participate in the
methods of instruction described in divisions (A) to (G) of this
section so that children of preschool age whose disabilities are
visual impairments are able to learn alongside their peers while
receiving specialized instruction that is based on early learning
and development strategies. The superintendent shall establish
policies and procedures regarding the participation of children
who do not have disabilities that are visual impairments.
The superintendent may establish reasonable fees for
participation in the methods of instruction described in divisions
(A) to (G) of this section to defray the costs of carrying them
out. The superintendent shall determine the manner by which any
such fees shall be collected. All fees shall be deposited in the
state school for the blind even start fees and gifts fund, which
is hereby created in the state treasury. The money in the fund
shall be used to implement this section.
Sec. 3325.09. (A) The state board of education shall
institute and establish career-technical education and work
training programs for secondary and post-secondary students whose
disabilities are visual impairments. These programs shall develop
communication, mobility, and work skills and assist students in
becoming productive members of society so that they can contribute
to their communities and living environments.
(B) The state school for the blind may use any gifts,
donations, or bequests it receives under section 3325.10 of the
Revised Code for one or more of the following purposes that are
related to career-technical and work training programs for
secondary and post-secondary students whose disabilities are
visual impairments:
(2) Training in mobility and orientation;
(3) Activities that teach daily living skills;
(4) Rehabilitation technology;
(5) Activities that teach group and individual social and
interpersonal skills;
(6) Work placement in the community by the school or a
community agency;
(7) Transportation to and from work sites or locations of
community interaction;
(8) Supervision and management of programs and services.
Sec. 3325.10. The state school for the blind may receive and
administer any federal funds relating to the education of blind or
visually impaired students whose disabilities are visual
impairments, including secondary and post-secondary students. The
school for the blind also may accept and administer any gifts,
donations, or bequests made to it for programs or services
relating to the education of blind or visually impaired students
whose disabilities are visual impairments, including secondary and
post-secondary students.
Sec. 3325.17. There is hereby created in the state treasury
the state school for the blind educational program expense fund.
Moneys received by the school from donations, bequests, student
fundraising activities, fees charged for camps, workshops, and
summer work and learn cooperative programs, gate receipts from
school activities, and any other moneys designated for deposit in
the fund by the superintendent of the school, shall be credited to
the fund. Notwithstanding section 3325.01 of the Revised Code, the
approval of the state board of education is not required to
designate money for deposit into the fund. The state school for
the blind shall use moneys in the fund for educational programs,
after-school activities, and expenses associated with student
activities.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Sec. 3326.29. A STEM school established under this chapter
may submit to the superintendent of public administration a
request for a waiver from administering the state achievement
assessments required under sections 3301.0710 and 3301.0712 of the
Revised Code and related requirements specified under division
(C)(2) of section 3302.15 of the Revised Code in the manner
prescribed by that section as if it were a school district. A STEM
school that obtains a waiver under section 3302.15 of the Revised
Code shall comply with all provisions of that section as if it
were a school district. A STEM school is presumptively eligible to
request such a waiver.
Sec. 3326.36. The department of education shall reduce the
amounts paid to a science, technology, engineering, and
mathematics school under section 3326.33 of the Revised Code to
reflect payments made to colleges under division (B) of section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code. A student shall be considered enrolled in the
school for any portion of the school year the student is attending
a college under Chapter 3365. of the Revised Code.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter
3365. of the Revised Code as if the school were a school district
and the school's board of trustees were a district board of
education.
Sec. 3328.25. (A) The board of trustees of a
college-preparatory boarding school established under this chapter
shall grant a diploma to any student enrolled in the school to
whom all of the following apply:
(1) The student has successfully completed the school's high
school curriculum or the IEP developed for the student by the
school pursuant to section 3323.08 of the Revised Code or has
qualified under division (D) or (F) of section 3313.603 of the
Revised Code, provided that the school shall not require a student
to remain in school for any specific number of semesters or other
terms if the student completes the required curriculum early.
(2) Subject to section 3313.614 of the Revised Code, the
student has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board of education under division
(D)(2) of section 3301.0712 of the Revised Code, the student
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed by that division unless division
(L) of section 3313.61 of the Revised Code applies to the student;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the student has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code, except
to the extent that the student is excused from some portion of
that assessment system pursuant to division (L) of section 3313.61
of the Revised Code.
(3) The student is not eligible to receive an honors diploma
granted under division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided in this division.
(B) In lieu of a diploma granted under division (A) of this
section, the board of trustees shall grant an honors diploma, in
the same manner that boards of education of school districts grant
honors diplomas under division (B) of section 3313.61 of the
Revised Code, to any student enrolled in the school who
accomplishes all of the following:
(1) Successfully completes the school's high school
curriculum or the IEP developed for the student by the school
pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the student either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed under that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the student has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code.
(3) Has met the additional criteria for granting an honors
diploma prescribed by the state board under division (B) of
section 3313.61 of the Revised Code for the granting of honors
diplomas by school districts.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum requirements prescribed in
division (C) of section 3313.603 of the Revised Code but elects
the option of division (D) or (F) of that section. No honors
diploma shall be granted to anyone failing to comply with this
division, and not more than one honors diploma shall be granted to
any student under this division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the presiding officer of the board of trustees.
Each diploma shall bear the date of its issue and be in such form
as the board of trustees prescribes.
(D) Upon granting a diploma to a student under this section,
the presiding officer of the board of trustees shall provide
notice of receipt of the diploma to the board of education of the
city, exempted village, or local school district where the student
is entitled to attend school when not residing at the
college-preparatory boarding school. The notice shall indicate the
type of diploma granted.
Sec. 3331.04. Whenever an age and schooling certificate is
applied for by a child over sixteen years of age who is unable to
pass a test for the completion of the work of the seventh grade
and who is not so below the normal in mental development that the
child cannot profit from further schooling participating in a
program that, upon successful completion of instruction, will
result in the child receiving an industry-recognized credential, a
journeyman certification as recognized by the United States
department of labor, or full-time employment, an age and schooling
certificate may be issued by the superintendent of schools to such
child upon proof acceptable to such superintendent of the
following facts and upon agreement to the respective conditions
made in writing by the child and by the parents, guardian, or
custodian in charge of such child:
(A) That the child is addicted to no habit which is likely to
detract from the child's reliability or effectiveness as a worker,
or proper use of the child's earnings or leisure, or the
probability of the child's faithfully carrying out the conditions
to which the child agrees as specified in division (B) of this
section, and in addition any one of the following groups of facts:
(1) That the child has been a resident of the school district
for the last two years, has diligently attended upon instruction
at school for the last two years, and is able to read, write, and
perform the fundamental operations of arithmetic. These abilities
shall be judged by the superintendent.
(2) That the child having been a resident of the school
district less than two years, diligently attended upon instruction
in school in the district in which the child was a resident next
preceding the child's residence in the present district for the
last school year preceding the child's
removal to residence in the
present district, and has diligently attended upon instruction in
the schools of the present district for the period that the child
has been a resident thereof;
(3) That the child has removed to resided in the present
school district since the beginning of the last annual school
session, and that instruction adapted to the child's needs is not
provided in the regular day schools in the district;
(4) That the child is not sufficiently familiar with the
English language to be properly instructed in the full-time day
schools of the district;
(5) That conditions are such that the child must provide for
the child's own support or the support of the child's own child or
that the child is needed for the support or care of parents or for
the support or care of brothers or sisters for whom the parents
are unable to provide and that the child is desirous of working
for the support or care of self or of the child's own child or of
such parents or siblings and that such child cannot render such
needed support or care by a reasonable effort outside of school
hours; but no age and schooling certificate shall be granted to a
child of this group upon proof of such facts without written
consent given to the superintendent by the juvenile judge and by
the department of job and family services.
(B)(1) In case the certificate is granted under division
(A)(1), (2), (3), or (5) of this section, that until reaching the
age of eighteen years the child will diligently attend in addition
to part-time classes, such evening classes as will add to the
child's education for literacy, citizenship, or vocational
preparation which may be made available to the child in the school
district and which the child may be directed to attend by the
superintendent, or in case no such classes are available, that the
child will pursue such reading and study and report monthly
thereon as may be directed by the superintendent;
(2) In case the certificate is granted under division (A)(4)
of this section, that until the age of eighteen years the child
will attend in addition to part-time classes, such evening classes
as will assist the child to learn the English language or advance
in Americanization which may be made available to the child in the
school district and which the child may be directed to attend by
the superintendent.
Sec. 3333.041. (A) On or before the last day of December of
each year, the chancellor of the Ohio board of regents shall
submit to the governor and, in accordance with section 101.68 of
the Revised Code, the general assembly a report or reports
concerning all of the following:
(1) The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution
of higher education and the percentage of each district's
graduates enrolled in a state institution of higher education
during the reporting period who were required during such period
by the college or university, as a prerequisite to enrolling in
those courses generally required for first-year students, to
enroll in a remedial course in English, including composition or
reading, mathematics, and any other area designated by the
chancellor. The chancellor also shall make the information
described in division (A)(1) of this section available to the
board of education of each city, exempted village, and local
school district.
Each state institution of higher education shall, by the
first day of November of each year, submit to the chancellor in
the form specified by the chancellor the information the
chancellor requires to compile the report.
(2) Aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised
Code or the alternative student academic progress measure if
adopted under division (C)(1)(e) of section 3302.03 of the Revised
Code. The chancellor shall aggregate the data by graduating class
for each approved teacher preparation program, except that if a
particular class has ten or fewer graduates to which this section
applies, the chancellor shall report the data for a group of
classes over a three-year period. In no case shall the report
identify any individual graduate. The department of education
shall share any data necessary for the report with the chancellor.
(3) The following information with respect to the Ohio
tuition trust authority:
(a) The name of each investment manager that is a minority
business enterprise or a women's business enterprise with which
the chancellor contracts;
(b) The amount of assets managed by investment managers that
are minority business enterprises or women's business enterprises,
expressed as a percentage of assets managed by investment managers
with which the chancellor has contracted;
(c) Efforts by the chancellor to increase utilization of
investment managers that are minority business enterprises or
women's business enterprises.
(4) A description of dual enrollment advanced standing
programs, as defined in section 3313.6013 of the Revised Code,
that are offered by school districts, community schools
established under Chapter 3314. of the Revised Code, STEM schools
established under Chapter 3326. of the Revised Code,
college-preparatory boarding schools established under Chapter
3328. of the Revised Code, and chartered nonpublic high schools.
The chancellor also shall post the information on the chancellor's
web site.
(5) The chancellor's strategy in assigning choose Ohio first
scholarships, as established under section 3333.61 of the Revised
Code, among state universities and colleges and how the actual
awards fit that strategy.
(6) The academic and economic impact of the Ohio
co-op/internship program established under section 3333.72 of the
Revised Code. At a minimum, the report shall include the
following:
(a) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(c) The chancellor's strategy in allocating awards among
state institutions of higher education and how the actual awards
fit that strategy.
(B) As used in this section:
(1) "Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.
(2) "State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.
(3) "State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(4) "Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint
venture of any kind, that is owned and controlled by women who are
United States citizens and residents of this state.
Sec. 3333.35. The state board of education and the
chancellor of the Ohio board of regents shall strive to reduce
unnecessary student remediation costs incurred by colleges and
universities in this state, increase overall access for students
to higher education, enhance the
post-secondary enrollment options
college credit plus program in accordance with Chapter 3365. of
the Revised Code, and enhance the alternative resident educator
licensure program in accordance with section 3319.26 of the
Revised Code.
Sec. 3333.43. This section does not apply to any
baccalaureate degree program that is a cooperative education
program, as defined in section 3333.71 of the Revised Code.
(A) The chancellor of the Ohio board of regents shall require
all state institutions of higher education that offer
baccalaureate degrees, as a condition of reauthorization for
certification of each baccalaureate program offered by the
institution, to submit a statement describing how each major for
which the school offers a baccalaureate degree may be completed
within three academic years. The chronology of the statement shall
begin with the fall semester of a student's first year of the
baccalaureate program.
(B) The statement required under this section may include,
but not be limited to, any of the following methods to contribute
to earning a baccalaureate degree in three years:
(1) Advanced placement credit;
(2) International baccalaureate program credit;
(3) A waiver of degree and credit-hour requirements by
completion of courses that are widely available at community
colleges in the state or through online programs offered by state
institutions of higher education or private nonprofit institutions
of higher education holding certificates of authorization under
Chapter 1713. of the Revised Code, and through courses taken by
the student through the post-secondary enrollment options college
credit plus program under Chapter 3365. of the Revised Code;
(4) Completion of coursework during summer sessions;
(5) A waiver of foreign-language degree requirements based on
a proficiency examination specified by the institution.
(C)(1) Not later than October 15, 2012, each state
institution of higher education shall provide statements required
under this section for ten per cent of all baccalaureate degree
programs offered by the institution.
(2) Not later than June 30, 2014, each state institution of
higher education shall provide statements required under this
section for sixty per cent of all baccalaureate degree programs
offered by the institution.
(D) Each state institution of higher education required to
submit statements under this section shall post its three-year
option on its web site and also provide that information to the
department of education. The department shall distribute that
information to the superintendent, high school principal, and
guidance counselor, or equivalents, of each school district,
community school established under Chapter 3314. of the Revised
Code, and STEM school established under Chapter 3326. of the
Revised Code.
(E) Nothing in this section requires an institution to take
any action that would violate the requirements of any independent
association accrediting baccalaureate degree programs.
Sec. 3333.86. The chancellor of the Ohio board of regents
may determine the manner in which a course included in the
clearinghouse may be offered as a dual enrollment an advanced
standing program as defined in section 3313.6013 of the Revised
Code, may be offered to students who are enrolled in nonpublic
schools or are instructed at home pursuant to section 3321.04 of
the Revised Code, or may be offered at times outside the normal
school day or school week, including any necessary additional fees
and methods of payment for a course so offered.
Sec. 3345.06. (A) Subject to divisions (B) and (C) of this
section, a graduate of the twelfth grade shall be entitled to
admission without examination to any college or university which
is supported wholly or in part by the state, but for unconditional
admission may be required to complete such units not included in
the graduate's high school course as may be prescribed, not less
than two years prior to the graduate's entrance, by the faculty of
the institution.
(B) Beginning with the 2014-2015 academic year, each state
university listed in section 3345.011 of the Revised Code, except
for Central state university, Shawnee state university, and
Youngstown state university, shall permit a resident of this state
who entered ninth grade for the first time on or after July 1,
2010, to begin undergraduate coursework at the university only if
the person has successfully completed the Ohio core curriculum
requirements for high school graduation prescribed in division (C)
of section 3313.603 of the Revised Code, unless one of the
following applies:
(1) The person has earned at least ten semester hours, or the
equivalent, at a community college, state community college,
university branch, technical college, or another post-secondary
institution except a state university to which division (B) of
this section applies, in courses that are college-credit-bearing
and may be applied toward the requirements for a degree. The
university shall grant credit for successful completion of those
courses pursuant to any applicable articulation and transfer
policy of the Ohio board of regents or any agreements the
university has entered into in accordance with policies and
procedures adopted under section 3333.16, 3313.161 3333.161, or
3333.162 of the Revised Code. The university may count college
credit that the student earned while in high school through the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code, or through other dual
enrollment advanced standing programs, toward the requirements of
division (B)(1) of this section if the credit may be applied
toward a degree.
(2) The person qualified to graduate from high school under
division (D) or (F) of section 3313.603 of the Revised Code and
has successfully completed the topics or courses that the person
lacked to graduate under division (C) of that section at any
post-secondary institution or at a summer program at the state
university. A state university may admit a person for enrollment
contingent upon completion of such topics or courses or summer
program.
(3) The person met the high school graduation requirements by
successfully completing the person's individualized education
program developed under section 3323.08 of the Revised Code.
(4) The person is receiving or has completed the final year
of instruction at home as authorized under section 3321.04 of the
Revised Code, or has graduated from a nonchartered, nonpublic
school in Ohio, and demonstrates mastery of the academic content
and skills in reading, writing, and mathematics needed to
successfully complete introductory level coursework at an
institution of higher education and to avoid remedial coursework.
(5) The person is a high school student participating in the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code or another dual enrollment
advanced standing program.
(C) A state university subject to division (B) of this
section may delay admission for or admit conditionally an
undergraduate student who has successfully completed the Ohio core
curriculum requirements prescribed in division (C) of section
3313.603 of the Revised Code if the university determines the
student requires academic remedial or developmental coursework.
The university may delay admission pending, or make admission
conditional upon, the student's successful completion of the
academic remedial or developmental coursework at a university
branch, community college, state community college, or technical
college.
(D)(1) For the purposes of consideration for admission to the
institution, each state institution of higher education, as
defined in section 3345.011 of the Revised Code, shall accept a
sworn affidavit verifying the successful completion of a student's
high school curriculum from either of the following:
(a) If the student was enrolled in a nonchartered nonpublic
school, the chief administrator of that school;
(b) If the student was excused from attendance at school for
the purpose of home instruction under section 3321.04 of the
Revised Code, the student's parent or guardian.
Any affidavit submitted pursuant to this section shall also
include a record of the student's completed coursework and the
grade received in each course. Notwithstanding anything in the
Revised Code to the contrary, the affidavit shall fulfill any
admission criteria requiring proof of the successful completion of
that student's applicable high school curriculum.
(2) For the purposes of consideration for admission to a
state institution of higher education, no institution shall
discriminate against any student to which division (D) of this
section applies solely on the manner in which the student received
instruction in order to successfully fulfill the high school
curriculum applicable to that student.
(E) This section does not deny the right of a college of law,
medicine, or other specialized education to require college
training for admission, or the right of a department of music or
other art to require particular preliminary training or talent.
Sec. 3345.061. (A) Ohio's two-year institutions of higher
education are respected points of entry for students embarking on
post-secondary careers and courses completed at those institutions
are transferable to state universities in accordance with
articulation and transfer agreements developed under sections
3333.16, 3333.161, and 3333.162 of the Revised Code.
(B) Beginning with undergraduate students who commence
undergraduate studies in the 2014-2015 academic year, no state
university listed in section 3345.011 of the Revised Code, except
Central state university, Shawnee state university, and Youngstown
state university, shall receive any state operating subsidies for
any academic remedial or developmental courses for undergraduate
students, including courses prescribed in the Ohio core curriculum
for high school graduation under division (C) of section 3313.603
of the Revised Code, offered at its main campus, except as
provided in divisions (B)(1) to (4) of this section.
(1) In the 2014-2015 and 2015-2016 academic years, a state
university may receive state operating subsidies for academic
remedial or developmental courses for not more than three per cent
of the total undergraduate credit hours provided by the university
at its main campus.
(2) In the 2016-2017 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than fifteen per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
(3) In the 2017-2018 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than ten per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
(4) In the 2018-2019 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than five per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
Each state university may continue to offer academic remedial
and developmental courses at its main campus beyond the extent for
which state operating subsidies may be paid under this division
and may continue to offer such courses beyond the 2018-2019
academic year. However, the university shall not receive any state
operating subsidies for such courses above the maximum amounts
permitted in this division.
(C) Except as otherwise provided in division (B) of this
section, beginning with students who commence undergraduate
studies in the 2014-2015 academic year, state operating subsidies
for academic remedial or developmental courses offered by state
institutions of higher education may be paid only to Central state
university, Shawnee state university, Youngstown state university,
any university branch, any community college, any state community
college, or any technical college.
(D) Each state university shall grant credit for academic
remedial or developmental courses successfully completed at an
institution described in division (C) of this section pursuant to
any applicable articulation and transfer agreements the university
has entered into in accordance with policies and procedures
adopted under section 3333.16, 3333.161, or 3333.162 of the
Revised Code.
(E) The chancellor of the Ohio board of regents shall do all
of the following:
(1) Withhold state operating subsidies for academic remedial
or developmental courses provided by a state university as
required in order to conform to divisions (B) and (C) of this
section;
(2) Adopt uniform statewide standards for academic remedial
and developmental courses offered by all state institutions of
higher education;
(3) Encourage and assist in the design and establishment of
academic remedial and developmental courses by institutions of
higher education;
(4) Define "academic year" for purposes of this section and
section 3345.06 of the Revised Code;
(5) Encourage and assist in the development of articulation
and transfer agreements between state universities and other
institutions of higher education in accordance with policies and
procedures adopted under sections 3333.16, 3333.161, and 3333.162
of the Revised Code.
(F) Not later than December 31, 2012, the presidents, or
equivalent position, of all state institutions of higher
education, or their designees, jointly shall establish uniform
statewide standards in mathematics, science, reading, and writing
each student enrolled in a state institution of higher education
must meet to be considered in remediation-free status. The
presidents also shall establish assessments, if they deem
necessary, to determine if a student meets the standards adopted
under this division. Each institution is responsible for assessing
the needs of its enrolled students in the manner adopted by the
presidents. The board of trustees or managing authority of each
state institution of higher education shall adopt the
remediation-free status standard, and any related assessments,
into the institution's policies.
The chancellor shall assist in coordinating the work of the
presidents under this division.
(G) Each year, not later than a date established by the
chancellor, each state institution of higher education shall
report to the governor, the general assembly, the chancellor, and
the superintendent of public instruction all of the following for
the prior academic year:
(1) The institution's aggregate costs for providing academic
remedial or developmental courses;
(2) The amount of those costs disaggregated according to the
city, local, or exempted village school districts from which the
students taking those courses received their high school diplomas;
(3) Any other information with respect to academic remedial
and developmental courses that the chancellor considers
appropriate.
(H) Not later than December 31, 2011, and the thirty-first
day of each December thereafter, the chancellor and the
superintendent of public instruction shall issue a report
recommending policies and strategies for reducing the need for
academic remediation and developmental courses at state
institutions of higher education.
(I) As used in this section, "state institution of higher
education" has the same meaning as in section 3345.011 of the
Revised Code.
Sec. 3365.01. As used in this chapter:
(A) "Articulated credit" means post-secondary credit that is
reflected on the official record of a student at an institution of
higher education only upon enrollment at that institution after
graduation from a secondary school.
(B) "Default ceiling amount" means one of the following
amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((0.83 X formula amount) / 30)
X number of enrolled credit hours
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((0.83 X formula amount) / 45)
X number of enrolled credit hours
(C) "Default floor amount" means twenty-five per cent of the
default ceiling amount.
(D) "Eligible out-of-state college" means any institution of
higher education that is located outside of Ohio and is approved
by the chancellor of the Ohio board of regents to participate in
the college credit plus program.
(E) "Fee" means any course-related fee and any other fee
imposed by the college, but not included in tuition, for
participation in the program established by this chapter.
(F) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(G) "Governing entity" means a board of education of a school
district, a governing authority of a community school established
under Chapter 3314., a governing body of a STEM school established
under Chapter 3326., or a board of trustees of a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(H) "Home-instructed participant" means a student who has
been excused from the compulsory attendance law for the purpose of
home instruction under section 3321.04 of the Revised Code, and is
participating in the program established by this chapter.
(I) "Maximum per participant charge amount" means one of the
following amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((formula amount / 30)
X number of enrolled credit hours)
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((formula amount / 45)
X number of enrolled credit hours)
(J) "Nonpublic secondary school" means a chartered school for
which minimum standards are prescribed by the state board of
education pursuant to division (D) of section 3301.07 of the
Revised Code.
(K) "Number of enrolled credit hours" means the number of
credit hours for a course in which a participant is enrolled
during the previous term after the date on which a withdrawal from
a course would have negatively affected the participant's
transcripted grade, as prescribed by the college's established
withdrawal policy.
(L) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(M) "Participant" means any student enrolled in a college
under the program established by this chapter.
(N) "Partnering college" means a college with which a public
or nonpublic secondary school has entered into an agreement in
order to offer the program established by this chapter.
(O) "Partnering secondary school" means a public or nonpublic
secondary school with which a college has entered into an
agreement in order to offer the program established by this
chapter.
(P) "Private college" means any of the following:
(1) A nonprofit institution holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code;
(2) An institution holding a certificate of registration from
the state board of career colleges and schools and program
authorization for an associate or bachelor's degree program issued
under section 3332.05 of the Revised Code;
(3) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code.
(Q) "Public college" means a "state institution of higher
education" in section 3345.011 of the Revised Code, excluding the
northeast Ohio medical university.
(R) "Public secondary school" means a school serving grades
nine through twelve in a city, local, or exempted village school
district, a joint vocational school district, a community school
established under Chapter 3314., a STEM school established under
Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(S) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(T) "Secondary grade" means any of grades nine through
twelve.
(U) "Transcripted credit" means post-secondary credit that is
conferred by an institution of higher education and is reflected
on a student's official record at that institution upon completion
of a course.
Sec. 3365.02. (A) There is hereby established the college
credit plus program under which, beginning with the 2015-2016
school year, a secondary grade student who is a resident of this
state may enroll at a college, on a full- or part-time basis, and
complete nonsectarian, nonremedial courses for high school and
college credit. The program shall govern arrangements in which a
secondary grade student enrolls in a college and, upon successful
completion of coursework taken under the program, receives
transcripted credit from the college, except for any of the
following:
(1) An agreement governing an early college high school
program that meets any of the exemption criteria under division
(E) of section 3313.6013 of the Revised Code;
(2) An advanced placement course or international
baccalaureate diploma course, as described in divisions (A)(2) and
(3) of section 3313.6013 of the Revised Code;
(3) Until July 1, 2016, a career-technical education program
that is approved by the department of education under section
3317.161 of the Revised Code and grants articulated credit to
students participating in that program.
(B) Any student enrolled in a public or nonpublic secondary
school in the student's ninth, tenth, eleventh, or twelfth grade;
any student enrolled in a nonchartered nonpublic secondary school
in the student's ninth, tenth, eleventh, or twelfth grade; and any
student who has been excused from the compulsory attendance law
for the purpose of home instruction under section 3321.04 of the
Revised Code and is the equivalent of a ninth, tenth, eleventh, or
twelfth grade student, may participate in the program, if the
student meets the applicable eligibility criteria in section
3365.03 of the Revised Code. If a nonchartered nonpublic secondary
school student chooses to participate in the program, that student
shall be subject to the same requirements as a home-instructed
student who chooses to participate in the program under this
chapter.
(C) All public secondary schools and all public colleges
shall participate in the program and are subject to the
requirements of this chapter. Any nonpublic secondary school or
private college that chooses to participate in the program shall
also be subject to the requirements of this chapter.
(D) The state board of education, in accordance with Chapter
119. of the Revised Code and in consultation with the chancellor
of the Ohio board of regents, shall adopt rules governing the
program.
Sec. 3365.03. (A) A student enrolled in a public or nonpublic
secondary school during the student's ninth, tenth, eleventh, or
twelfth grade school year; a student enrolled in a nonchartered
nonpublic secondary school in the student's ninth, tenth,
eleventh, or twelfth grade school year; or a student who has been
excused from the compulsory attendance law for the purpose of home
instruction under section 3321.04 of the Revised Code and is the
equivalent of a ninth, tenth, eleventh, or twelfth grade student,
may apply to and enroll in a college under the college credit plus
program.
(1) In order for a public secondary school student to
participate in the program, all of the following criteria shall be
met:
(a) The student or the student's parent shall inform the
principal, or equivalent, of the student's school by the first day
of April of the student's intent to participate in the program
during the following school year. Any student who fails to provide
the notification by the required date may not participate in the
program during the following school year without the written
consent of the principal, or equivalent. If a student seeks
consent from the principal after failing to provide notification
by the required date, the principal shall notify the department of
education of the student's intent to participate within ten days
of the date on which the student seeks consent. If the principal
does not provide written consent, the student may appeal the
principal's decision to the state board of education. Not later
than thirty days after the notification of the appeal, the state
board shall hear the appeal and shall make a decision to either
grant or deny that student's participation in the program.
(b) The student shall both:
(i) Apply to a public or a participating private college, or
an eligible out-of-state college participating in the program, in
accordance with the college's established procedures for
admission, pursuant to section 3365.05 of the Revised Code;
(ii) Meet the college's established standards for admission
and for course placement, including course-specific capacity
limitations, pursuant to section 3365.05 of the Revised Code.
(c) The student shall elect at the time of enrollment to
participate under either division (A) or (B) of section 3365.06 of
the Revised Code for each course under the program.
(d) The student and the student's parent shall sign a form,
provided by the school, stating that they have received the
counseling required under division (B) of section 3365.04 of the
Revised Code and that they understand the responsibilities they
must assume in the program.
(2) In order for a nonpublic secondary school student, a
nonchartered nonpublic secondary school student, or a
home-instructed student to participate in the program, both of the
following criteria shall be met:
(a) The student shall meet the criteria in divisions
(A)(1)(b) and (c) of this section.
(b)(i) If the student is enrolled in a nonpublic secondary
school, that student shall send to the department of education a
copy of the student's acceptance from a college and an
application. The application shall be made on forms provided by
the state board of education and shall include information about
the student's proposed participation, including the school year in
which the student wishes to participate; and the semesters or
terms the student wishes to enroll during such year. The
department shall mark each application with the date and time of
receipt.
(ii) If the student is enrolled in a nonchartered nonpublic
secondary school or is home-instructed, the parent or guardian of
that student shall notify the department by the first day of April
prior to the school year in which the student wishes to
participate.
(B) Except as provided for in division (C) of this section
and in sections 3365.031 and 3365.032 of the Revised Code:
(1) No public secondary school shall prohibit a student
enrolled in that school from participating in the program if that
student meets all of the criteria in division (A)(1) of this
section.
(2) No participating nonpublic secondary school shall
prohibit a student enrolled in that school from participating in
the program if the student meets all of the criteria in division
(A)(2) of this section and, if the student is enrolled under
division (B) of section 3365.06 of the Revised Code, the student
is awarded funding from the department in accordance with rules
adopted by the state board, in consultation with the chancellor,
pursuant to section 3365.071 of the Revised Code.
(C) For purposes of this section, during the period of an
expulsion imposed by a public secondary school, a student is
ineligible to apply to enroll in a college under this section,
unless the student is admitted to another public secondary or
participating nonpublic secondary school. If a student is enrolled
in a college under this section at the time the student is
expelled, the student's status for the remainder of the college
term in which the expulsion is imposed shall be determined under
section 3365.032 of the Revised Code.
(D) Upon a student's graduation from high school,
participation in the college credit plus program shall not affect
the student's eligibility at any public college for scholarships
or for other benefits or opportunities that are available to
first-time college students and are awarded by that college,
regardless of the number of credit hours that the student
completed under the program.
Sec. 3365.06 3365.031. (A) A student in grade nine may not
enroll in courses under this chapter for which the student elects
under division (B) of section 3365.04 3365.06 of the Revised Code
to receive credit toward high school graduation for more than the
equivalent of four academic school years. A student enrolling in
courses under this chapter may not enroll in courses in which the
student elects to receive credit toward high school graduation for
more than the equivalent of:
(1) Three academic school years, if the student so enrolls
for the first time in grade ten;
(2) Two academic school years, if the student so enrolls for
the first time in grade eleven;
(3) One academic school year, if the student so enrolls for
the first time in grade twelve.
These (B) The restrictions prescribed in division (A) of this
section shall be reduced proportionately for any such student who
enrolls in the program during the course of a school year in
accordance with rules adopted under section 3365.02 of the Revised
Code.
(B) In considering the admission of any secondary student, a
college shall give priority to its other students regarding
enrollment in courses. However, once a student has been accepted
in a course as a participant, the institution shall not displace
the participant for another student.
Sec. 3365.041 3365.032. (A) When a school district
superintendent, the governing authority of a community school, or
the chief administrative officer of a STEM public secondary school
expels a student under division (B) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, in accordance
with the school's bylaws adopted pursuant to section 3328.13 of
the Revised Code, the district superintendent, governing
authority, or chief administrative officer or equivalent, shall
send a written notice of the expulsion to any college in which the
expelled student is enrolled under section 3365.03 of the Revised
Code at the time the expulsion is imposed. The notice shall
indicate the date the expulsion is scheduled to expire. The notice
also shall indicate whether the district board of education,
community school governing authority, or the STEM school has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code to deny high school credit for post-secondary courses taken
under the college credit plus program during an expulsion. If the
expulsion is extended under division (F) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code, the district superintendent,
community school governing authority, or STEM school chief
administrative officer
or equivalent, shall notify the college of
the extension.
(B) A college may withdraw its acceptance under section
3365.03 of the Revised Code of a student who is expelled from
school under division (B) of section 3313.66 of the Revised Code
or, for a college-preparatory boarding school, in accordance with
the school's bylaws adopted pursuant to section 3328.13 of the
Revised Code. As provided in section 3365.03 of the Revised Code,
regardless of whether the college withdraws its acceptance of the
student for the college term in which the student is expelled, the
student is ineligible to enroll in a college under that section
for subsequent college terms during the period of the expulsion,
unless the student enrolls in another
public school
district or
community school, or a participating nonpublic school during that
period.
If a college withdraws its acceptance of an expelled student
who elected either option of division (A)(1) or (2) of section
3365.04 3365.06 of the Revised Code, the college shall refund
tuition and fees paid by the student in the same proportion that
it refunds tuition and fees to students who voluntarily withdraw
from the college at the same time in the term.
If a college withdraws its acceptance of an expelled student
who elected the option of division (B) of section 3365.04 3365.06
of the Revised Code, the public school district, community school,
or STEM school shall not award high school credit for the college
courses in which the student was enrolled at the time the college
withdrew its acceptance, and any reimbursement under section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code for the student's attendance prior to the
withdrawal shall be the same as would be paid for a student who
voluntarily withdrew from the college at the same time in the
term. If the withdrawal results in the college's receiving no
reimbursement, the college or secondary school may require the
student to return or pay for the any textbooks and materials it
provided the student free of charge
under section 3365.08 of the
Revised Code.
(C) When a student who elected the option of division (B) of
section 3365.04 3365.06 of the Revised Code is expelled under
division (B) of section 3313.66 of the Revised Code or, for a
college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code from a public school district, community school, or STEM
school that has adopted a policy under section 3313.613 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code to deny high school credit for courses
taken under the college credit plus program during an expulsion,
that election is automatically revoked for all college courses in
which the student is enrolled during the college term in which the
expulsion is imposed. Any reimbursement under section 3365.07 of
the Revised Code or through alternative funding agreements entered
into under rules adopted under section 3365.12 of the Revised Code
for the student's attendance prior to the expulsion shall be the
same as would be paid for a student who voluntarily withdrew from
the college at the same time in the term. If the revocation
results in the college's receiving no reimbursement, the college
or secondary school may require the student to return or pay for
the any textbooks and materials it provided the student free of
charge
under section 3365.08 of the Revised Code.
No Not later than five days after receiving an expulsion
notice from the superintendent of a district, the governing
authority of a community school, or the chief administrative
officer of a STEM, or equivalent, of a public school that has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code, the college shall send a written notice to the expelled
student that the student's election of division (B) of section
3365.04 3365.06 of the Revised Code is revoked. If the college
elects not to withdraw its acceptance of the student, the student
shall pay all applicable tuition and fees for the college courses
and shall pay for the any textbooks and materials that the college
or secondary school provided under section 3365.08 of the Revised
Code to the student.
Sec. 3365.033. (A) Notwithstanding anything to the contrary
in Chapter 3365. of the Revised Code, any student enrolled in a
public or nonpublic secondary school in the student's seventh or
eighth grade; any student enrolled in a nonchartered nonpublic
secondary school in the student's seventh or eighth grade; and any
student who has been excused from the compulsory attendance law
for the purpose of home instruction under section 3321.04 of the
Revised Code and is the equivalent of a seventh or eighth grade
student, may participate in the college credit plus program, if
the student meets the applicable eligibility criteria required of
secondary grade students for participation. Participants under
this section shall be subject to the same requirements as
secondary grade participants under this chapter.
(B) Participants under this section shall receive high school
and college credit for courses taken under the program, in
accordance with the option elected under section 3365.06 of the
Revised Code. High school credit earned under the program shall be
awarded in the same manner as for secondary grade participants.
(C) If a participant under this section elects to have the
college reimbursed under section 3365.07 of the Revised Code for
courses taken under the program, the department shall reimburse
the college in the same manner as for secondary grade participants
in accordance with that section.
(D) Notwithstanding section 3327.01 of the Revised Code, the
parent or guardian of a participant under this section shall be
responsible for any transportation for the participant related to
participation in the program.
Sec. 3365.04. Each public and participating nonpublic
secondary school shall do all of the following with respect to the
college credit plus program:
(A) Provide information about the program prior to the first
day of March of each year to all students enrolled in grades six
through eleven;
(B) Provide counseling services to students in grades six
through eleven and to their parents before the students
participate in the program under this chapter to ensure that
students and parents are fully aware of the possible consequences
and benefits of participation. Counseling information shall
include:
(2) The process for granting academic credits;
(3) Any necessary financial arrangements for tuition,
textbooks, and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) Communicating the possible consequences and benefits of
participation, including all of the following:
(a) The consequences of failing or not completing a course
under the program, including the effect on the student's ability
to complete the secondary school's graduation requirements;
(b) The effect of the grade attained in a course under the
program being included in the student's grade point average, as
applicable;
(c) The benefits to the student for successfully completing a
course under the program, including the ability to reduce the
overall costs of, and the amount of time required for, a college
education.
(8) The academic and social responsibilities of students and
parents under the program;
(9) Information about and encouragement to use the counseling
services of the college in which the student intends to enroll;
(10) The standard packet of information for the program
developed by the chancellor of the Ohio board of regents pursuant
to section 3365.15 of the Revised Code;
For a participating nonpublic secondary school, counseling
information shall also include an explanation that funding may be
limited and that not all students who wish to participate may be
able to do so.
(C) Promote the program on the school's web site, including
the details of the school's current agreements with partnering
colleges;
(D) Schedule at least one informational session per school
year to allow each partnering college that is located within
thirty miles of the school to meet with interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering colleges
located within thirty miles of the school, the school shall
coordinate with the closest partnering college to offer an
informational session.
(E) Implement a policy for the awarding of grades and the
calculation of class standing for courses taken under division
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy
adopted under this division shall be equivalent to the school's
policy for courses taken under the advanced standing programs
described in divisions (A)(2) and (3) of section 3313.6013 of the
Revised Code or for other courses designated as honors courses by
the school. If the policy includes awarding a weighted grade or
enhancing a student's class standing for these courses, the policy
adopted under this section shall also provide for these procedures
to be applied to courses taken under the college credit plus
program.
(F) Develop model course pathways, pursuant to section
3365.13 of the Revised Code, and publish the course pathways among
the school's official list of course offerings for the program.
(G) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
Sec. 3365.05. Each public and participating private college
shall do all of the following with respect to the college credit
plus program:
(A) Apply established standards and procedures for admission
to the college and for course placement for participants. When
determining admission and course placement, the college shall do
all of the following:
(1) Consider all available student data that may be an
indicator of college readiness, including grade point average and
end-of-course examination scores, if applicable;
(2) Give priority to its current students regarding
enrollment in courses. However, once a participant has been
accepted into a course, the college shall not displace the
participant for another student.
(3) Adhere to any capacity limitations that the college has
established for specified courses.
(B) Send written notice to a participant, the participant's
parent, the participant's secondary school, and the superintendent
of public instruction, not later than fourteen calendar days prior
to the first day of classes for that term, of the participant's
admission to the college and to specified courses under the
program.
(C) Provide both of the following, not later than twenty-one
calendar days after the first day of classes for that term, to
each participant, participant's secondary school, and the
superintendent of public instruction:
(1) The courses and hours of enrollment of the participant;
(2) The option elected by the participant under division (A)
or (B) of section 3365.06 of the Revised Code for each course.
The college shall also provide to each partnering school a
roster of participants from that school that are enrolled in the
college and a list of course assignments for each participant.
(D) Promote the program on the college's web site, including
the details of the college's current agreements with partnering
secondary schools.
(E) Coordinate with each partnering secondary school that is
located within thirty miles of the college to present at least one
informational session per school year for interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering schools
located within thirty miles of the college, the college shall
coordinate with the closest partnering school to offer an
informational session.
(F) Assign an academic advisor that is employed by the
college to each participant enrolled in that college. Prior to the
date on which a withdrawal from a course would negatively affect a
participant's transcripted grade, as prescribed by the college's
established withdrawal policy, the college shall ensure that the
academic advisor and the participant meet at least once to discuss
the program and the courses in which the participant is enrolled.
(G) Do both of the following with regard to high school
teachers that are teaching courses for the college at a secondary
school under the program:
(1) Provide at least one professional development session per
school year;
(2) Conduct at least one classroom observation per school
year for each course that is authorized by the college and taught
by a high school teacher to ensure that the course meets the
quality of a college-level course.
(H) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
(I) With the exception of divisions (D) and (E) of this
section, any eligible out-of-state college participating in the
college credit plus program shall be subject to the same
requirements as a participating private college under this
section.
Sec. 3365.04 3365.06. The rules adopted under section
3365.02 of the Revised Code shall provide for students
participants to enroll in courses under either of the following
options:
(A) The student participant may elect at the time of
enrollment to be responsible for payment of all tuition and the
cost of all textbooks, materials, and fees associated with the
course. The college shall notify the student participant about
payment of tuition and fees in the customary manner followed by
the college. A student participant electing this option also shall
elect, at the time of enrollment, whether to receive only college
credit or high school credit and college credit for the course.
(1) The student participant may elect to receive only college
credit for the course. Except as provided in section 3365.041
3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, but the board of
education, community school governing authority, STEM governing
entity of a public secondary school, or nonpublic the governing
body of a participating nonpublic secondary school shall not award
the high school credit.
(2) The student participant may elect to receive both high
school credit and college credit for the course. Except as
provided in section
3365.041 3365.032 of the Revised Code, if the
student participant successfully completes the course, the college
shall award the student participant full credit for the course and
the board of education, community school governing authority, STEM
governing entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit.
(B) The student participant may elect at the time of
enrollment for each course to have the college reimbursed under
section 3365.07 of the Revised Code or as provided in alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. Except as provided in section
3365.041 3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, and the board of
education, community school governing authority, STEM governing
entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit, and the college shall be reimbursed in
accordance with section 3365.07 of the Revised Code or alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. If the participant elects to have the
college reimbursed under this division, the department shall
reimburse the college for the number of enrolled credit hours in
accordance with section 3365.07 of the Revised Code.
When determining a school district's formula ADM enrollment
under section 3317.03 of the Revised Code, the time a participant
is attending courses under division (A) of this section shall be
considered as time the participant is not attending or enrolled in
school anywhere, and the time a participant is attending courses
under division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.07. The department of education shall calculate
and pay state funds to colleges for participants in the college
credit plus program under division (B) of section 3365.06 of the
Revised Code pursuant to this section. For a nonpublic secondary
school participant, a nonchartered nonpublic secondary school
participant, or a home-instructed participant, the department
shall pay state funds pursuant to this section only if that
participant is awarded funding according to rules adopted by the
state board of education, in consultation with the chancellor of
the Ohio board of regents, pursuant to section 3365.071 of the
Revised Code. The program shall be the sole mechanism by which
state funds are paid to colleges for students to earn
college-level credit while enrolled in a secondary school, with
the exception of the programs listed in division (A) of section
3365.02 of the Revised Code.
(A) For each public or nonpublic secondary school participant
enrolled in a public college:
(1) If no agreement has been entered into under division
(A)(2) of this section, both of the following shall apply:
(a) The department shall pay to the college the applicable
amount as follows:
(i) For a participant enrolled in a college course delivered
on the college campus, at another location operated by the
college, or online, the default ceiling amount;
(ii) For a participant enrolled in a college course delivered
at the participant's secondary school but taught by college
faculty, fifty per cent of the default ceiling amount;
(iii) For a participant enrolled in a college course
delivered at the participant's secondary school and taught by a
high school teacher who has met the credential requirements
established for purposes of the program in rules adopted by the
chancellor of the Ohio board of regents, the default floor amount.
(b) The participant's secondary school shall pay for
textbooks, and the college shall waive payment of all other fees
related to participation in the program.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments for each participant made by the
department shall be not less than the default floor amount and not
more than the default ceiling amount. If no agreement is entered
into under division (A)(2) of this section, both of the following
shall apply:
(a) The department shall pay to the college the applicable
default amounts prescribed by division (A)(1)(a) of this section,
depending upon the method of delivery and instruction.
(b) In accordance with division (A)(1)(b) of this section,
the participant's secondary school shall pay for textbooks, and
the college shall waive payment of all other fees related to
participation in the program.
(3) No participant that is enrolled in a public college shall
be charged for any tuition, textbooks, or other fees related to
participation in the program.
(B) For each public secondary school participant enrolled in
a private college:
(1) If no agreement has been entered into under division
(B)(2) of this section, the department shall pay to the college
the applicable amount calculated in the same manner as in division
(A)(1)(a) of this section.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments shall be not less than the
default floor amount and not more than the default ceiling amount.
If an agreement is entered into under division (B)(2) of this
section, both of the following shall apply:
(a) The department shall make a payment to the college for
each participant that is equal to the default floor amount.
(b) Payment for costs for the participant that exceed the
default floor amount paid by the department pursuant to division
(B)(2)(a) of this section shall be negotiated by the school and
the college. The agreement may include a stipulation permitting
the charging of a participant.
However, under no circumstances shall:
(i) Payments for a participant made by the department under
this division (B)(2) of this section exceed the default ceiling
amount;
(ii) The amount charged to a participant under division
(B)(2) of this section exceed the difference between the maximum
per participant charge amount and the default floor amount;
(iii) The sum of the payments made by the department for a
participant and the amount charged to that participant under
division (B)(2) of this section exceed the maximum per participant
charge amount;
(iv) A participant that is identified as economically
disadvantaged according to rules adopted by the department be
charged under division (B)(2) of this section for any tuition,
textbooks, or other fees related to participation in the program.
(C) For each nonpublic secondary school participant enrolled
in a private or eligible out-of-state college, the department
shall pay to the college the applicable amount calculated in the
same manner as in division (A)(1)(a) of this section. Payment for
costs for the participant that exceed the amount paid by the
department shall be negotiated by the governing body of the
nonpublic secondary school and the college.
However, under no circumstances shall:
(1) The payments for a participant made by the department
under this division exceed the default ceiling amount.
(2) Any nonpublic secondary school participant, who is
enrolled in that secondary school with a scholarship awarded under
either the educational choice scholarship pilot program, as
prescribed by sections 3310.01 to 3310.17, or the pilot project
scholarship program, as prescribed by sections 3313.974 to
3313.979 of the Revised Code, and who qualifies as a low-income
student under either of those programs, be charged for any
tuition, textbooks, or other fees related to participation in the
college credit plus program.
(D) For each nonchartered nonpublic secondary school
participant and each home-instructed participant enrolled in a
public, private, or eligible out-of-state college, the department
shall pay to the college the default ceiling amount, if that
participant is enrolled in a college course delivered on the
college campus, at another location operated by the college, or
online.
(E) Not later than thirty days after the end of each term,
each college expecting to receive payment for the costs of a
participant under this section shall notify the department of the
number of enrolled credit hours for each participant.
(F) Each January and July, or as soon as possible thereafter,
the department shall make the applicable payments under this
section to each college, which provided proper notification to the
department under division (E) of this section, for the number of
enrolled credit hours for participants enrolled in the college
under division (B) of section 3365.06 of the Revised Code. The
department shall not make any payments to a college under this
section if a participant withdrew from a course prior to the date
on which a withdrawal from the course would have negatively
affected the participant's transcripted grade, as prescribed by
the college's established withdrawal policy.
(1) Payments made for public secondary school participants
under this section shall be deducted from the school foundation
payments made to the participant's school district or, if the
participant is enrolled in a community school, a STEM school, or a
college-preparatory boarding school, from the payments made to
that school under section 3314.08, 3326.33, or 3328.34 of the
Revised Code. If the participant is enrolled in a joint vocational
school district, a portion of the amount shall be deducted from
the payments to the joint vocational school district and a portion
shall be deducted from the payments to the participant's city,
local, or exempted village school district in accordance with the
full-time equivalency of the student's enrollment in each
district. Amounts deducted under division (F)(1) of this section
shall be calculated in accordance with rules adopted by the state
board of education, pursuant to division (B) of section 3365.071
of the Revised Code.
(2) Payments made for nonpublic secondary school
participants, nonchartered nonpublic secondary school
participants, and home-instructed participants under this section
shall be deducted from moneys appropriated by the general assembly
for such purpose. Payments shall be allocated and distributed in
accordance with rules adopted by the state board, in consultation
with the chancellor of the Ohio board of regents, pursuant to
division (A) of section 3365.071 of the Revised Code.
(G) Any public college that enrolls a student under division
(B) of section 3365.06 of the Revised Code may include that
student in the calculation used to determine its state share of
instruction funds appropriated to the Ohio board of regents by the
general assembly.
Sec. 3365.071. (A) The state board of education, in
accordance with Chapter 119. of the Revised Code and in
consultation with the chancellor of the Ohio board of regents,
shall adopt rules prescribing a method to allocate and distribute
payments under section 3365.07 of the Revised Code for nonpublic
secondary school participants, nonchartered nonpublic secondary
school participants, and home-instructed participants. The rules
shall include that payments made for nonchartered nonpublic
secondary school participants be made in the same manner as
payments for home-instructed participants under that section.
(B) The state board shall also adopt rules establishing a
method to calculate the amounts deducted from a joint vocational
school district and from a participant's city, local, or exempted
village school district for payments under section 3365.07 of the
Revised Code.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code shall furnish to
a participant all textbooks and materials directly related to a
course taken by the participant under division (B) of section
3365.04 of the Revised Code. No college shall charge such
participant for tuition, textbooks, materials, or other fees
directly related to any such course.
(B) No student participant enrolled under this chapter in a
course for which credit toward high school graduation is awarded
shall receive direct financial aid through any state or federal
program.
(C)(B) If a school district provides transportation for
resident school students in grades eleven and twelve under section
3327.01 of the Revised Code, a parent of a pupil participant
enrolled in a course under division (A)(2) or (B) of section
3365.04 3365.06 of the Revised Code may apply to the board of
education for full or partial reimbursement for the necessary
costs of transporting the
student participant between the
secondary school the student participant attends and the college
in which the student participant is enrolled. Reimbursement may be
paid solely from funds received by the district for pupil student
transportation under section 3317.0212 of the Revised Code or
other provisions of law. The state board of education shall
establish guidelines, based on financial need, under which a
district may provide such reimbursement.
(D)(C) If a community school provides or arranges
transportation for its pupils students in grades nine through
twelve under section 3314.091 of the Revised Code, a parent of a
pupil participant of the community school who is enrolled in a
course under division (A)(2) or (B) of section 3365.04 3365.06 of
the Revised Code may apply to the governing authority of the
community school for full or partial reimbursement of the
necessary costs of transporting the student participant between
the community school and the college. The governing authority may
pay the reimbursement in accordance with the state board's rules
adopted under division (C)(B) of this section solely from funds
paid to it under section 3314.091 of the Revised Code.
Sec. 3365.11 3365.09. (A) If Except as provided for in
division (C) of this section, if the superintendent of the school
district or the chief administrator of the community school or
STEM, or equivalent, of a public secondary school in which a
participant is enrolled determines that the participant has not
attained a passing final grade in a college course in which the
participant enrolled under this chapter, the superintendent, or
chief administrator shall equivalent, may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
that college course. The board of education of the school
district, the governing authority of the community school, or the
STEM governing entity of a public school, in accordance with
division (C) of section 3313.642 of the Revised Code, may withhold
grades and credits received by the participant for district or
community high school courses taken by the participant until the
participant or the participant's parent provides reimbursement.
(B) If Except as provided for in division (C) of this
section, if the chief administrator of the a participating
nonpublic school in which a participant is enrolled determines
that the participant has not attained a passing final grade in a
college course in which the participant enrolled under this
chapter, the chief administrator shall may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
enrollment in that college course. Upon the collection of any
funds from a participant or participant's parent under this
division, the chief administrator of a nonpublic school shall send
an amount equal to the funds collected to the superintendent of
public instruction. The superintendent of public instruction shall
credit that amount to the general revenue fund.
(C) Unless the participant was expelled by the school, the
superintendent, or equivalent, or chief administrator shall not
seek reimbursement from a participant or a participant's parent
under division (A) or (B) of this section, if the participant is
identified as economically disadvantaged according to rules
adopted by the department of education.
Sec. 3365.10. (A) Any public or participating nonpublic
secondary school or any public or participating private college,
including a secondary school and an associated college operating
an early college high school program, may apply to the chancellor
of the Ohio board of regents and the superintendent of public
instruction for a waiver from the requirements of the college
credit plus program. The chancellor and the superintendent may
grant a waiver under this section for an agreement governing an
early college high school program or for a proposed agreement
between a public or participating nonpublic secondary school and a
public or participating private or out-of-state college, only if
the agreement does both of the following:
(1) Includes innovative programming proposed to exclusively
address the needs of underrepresented student subgroups;
(2) Meets all criteria set forth in rules adopted by the
chancellor and the superintendent pursuant to division (C) of this
section.
(B) Any waiver granted under this section shall apply only to
the agreement for which the waiver is granted and shall not apply
to any other agreement that the school or college enters into
under this chapter.
(C) The chancellor and the superintendent of public
instruction shall jointly adopt rules, in accordance with Chapter
119. of the Revised Code, regarding the granting of waivers under
this section.
(D) As used in this section, "associated college" and "early
college high school program" have the same meanings as in section
3313.6013 of the Revised Code.
Sec. 3365.11. Each instructor teaching a course under the
college credit plus program shall meet the credential requirements
set forth in guidelines and procedures established by the
chancellor of the Ohio board of regents. If the guidelines require
high school teachers to take any additional graduate-level
coursework in order to meet the credential requirements, that
coursework shall be applicable to continuing education and
professional development requirements for the renewal of the
teacher's educator license.
Sec. 3365.05 3365.12. (A) All courses offered under the
college credit plus program shall be the same courses that are
included in the partnering college's course catalogue for
college-level, nonremedial courses and shall apply to at least one
degree or professional certification at the partnering college.
(B)(1) High school credit awarded for courses successfully
completed under this chapter shall count toward the graduation
requirements and subject area requirements of the
school district,
community school, STEM public secondary school, or participating
nonpublic secondary school. If a course comparable to one a
student participant completed at a college is offered by the
district or school, the board or school governing entity or
governing body shall award comparable credit for the course
completed at the college. If no comparable course is offered by
the district or school, the board or school governing entity or
governing body shall grant an appropriate number of elective
credits
in a similar subject area to the student participant.
(2) If there is a dispute between a school district board, a
community school governing authority, or a STEM participant's
school and a
student participant regarding high school credits
granted for a course, the
student participant may appeal the
decision to the state board of education. The state board's
decision regarding any high school credits granted under this
section is final.
(C) Evidence of successful completion of each course and the
high school credits awarded by the district or school shall be
included in the student's record. The record shall indicate that
the credits were earned as a participant under this chapter and
shall include the name of the college at which the credits were
earned. The district or school shall determine whether and the
manner in which the grade achieved in a course completed at a
college under division (A)(2) or (B) of section 3365.04 of the
Revised Code will be counted in any cumulative grade point average
maintained for the student.
Sec. 3365.13. (A) Each public secondary school shall
develop, in consultation with at least one public partnering
college, two model pathways for courses offered under the college
credit plus program. One of the model pathways shall be a
fifteen-credit hour pathway and one shall be a thirty-credit hour
pathway. Each pathway shall include courses which, once completed,
all apply to at least one degree or professional certification
offered at the college. The pathways may be organized by desired
major or career path or may include various core courses required
for a degree or professional certification by the college. The
school shall publish the pathways among the school's official list
of course offerings from which a participant may select.
(B) No participant shall be required to enroll only in the
courses included in a model pathway developed under division (A)
of this section. Instead, the pathways shall serve as samples of
the courses that a participant may take, if desired, to earn
multiple credits toward a specified degree or certification.
Sec. 3365.15. The chancellor of the Ohio board of regents
and the superintendent of public instruction jointly shall do all
of the following:
(A) Adopt data reporting guidelines specifying the types of
data that public and participating nonpublic secondary schools and
public and participating private colleges, including eligible
out-of-state colleges participating in the program, must annually
collect, report, and track under division (G) of section 3365.04
and division (H) of section 3365.05 of the Revised Code. The types
of data shall include all of the following:
(1) For each secondary school and college:
(a) The number of participants disaggregated by grade level,
socioeconomic status, race, gender, and disability;
(b) The number of completed courses and credit hours,
disaggregated by the college in which participants were enrolled;
(c) The number of courses in which participants enrolled,
disaggregated by subject area and level of difficulty.
(2) For each secondary school, the number of students who
were denied participation in the program under division (A)(1)(a)
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the
Revised Code. Each participating nonpublic secondary school shall
also include the number of students who were denied participation
due to the student not being awarded funding by the department of
education pursuant to section 3365.071 of the Revised Code.
(a) The number of students who applied to enroll in the
college under the program but were not granted admission;
(b) The average number of completed courses per participant;
(c) The average grade point average for participants in
college courses under the program.
The guidelines adopted under this division shall also include
policies and procedures for the collection, reporting, and
tracking of such data.
(B) Annually compile the data required under division (A) of
this section. Not later than the thirty-first day of December of
each year, the data from the previous school year shall be posted
in a prominent location on both the board of regents' and the
department of education's web sites.
(C) Submit a biennial report detailing the status of the
college credit plus program to the governor, the president of the
senate, the speaker of the house of representatives, and the
chairpersons of the education committees of the senate and house
of representatives. The first report shall be submitted not later
than December 31, 2017, and each subsequent report shall be
submitted not later than the thirty-first day of December every
two years thereafter.
(D) Establish a college credit plus advisory committee to
assist in the development of performance metrics and the
monitoring of the program's progress. At least one member of the
advisory committee shall be a school guidance counselor.
The chancellor shall also, in consultation with the
superintendent, create a standard packet of information for the
college credit plus program directed toward students and parents
that are interested in the program.
Sec. 3707.511. (A) As used in this section, "physician":
(1) "Physician" means a person authorized under Chapter 4731.
of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(2) "Licensed health care professional" means an individual,
other than a physician, who is authorized under Title XLVII of the
Revised Code to practice a health care profession.
(B) A youth sports organization shall provide to the parent,
guardian, or other person having care or charge of an individual
who wishes to practice for or compete in an athletic activity
organized by a youth sports organization the concussion and head
injury information sheet required by section 3707.52 of the
Revised Code. The organization shall provide the information sheet
annually for each sport or other category of athletic activity for
or in which the individual practices or competes.
(C)(1) No individual shall act as a coach or referee for a
youth sports organization unless the individual holds a
pupil-activity program permit issued under section 3319.303 of the
Revised Code for coaching interscholastic athletics or presents
evidence that the individual has successfully completed, within
the previous three years, a training program in recognizing the
symptoms of concussions and head injuries to which the department
of health has provided a link on its internet web site under
section 3707.52 of the Revised Code.
(2) The youth sports organization for which the individual
intends to act as a coach or referee shall inform the individual
of the requirement described in division (C)(1) of this section.
(D) If an individual practicing for or competing in an
athletic event organized by a youth sports organization exhibits
signs, symptoms, or behaviors consistent with having sustained a
concussion or head injury while participating in the practice or
competition, the individual shall be removed from the practice or
competition by one of the following:
(1) The individual who is serving as the individual's coach
during that practice or competition;
(2) An individual who is serving as a referee during that
practice or competition;
(3) An official of the youth sports organization who is
supervising that practice or competition.
(E)(1) If an individual is removed from practice or
competition under division (D) of this section, the coach,
referee, or official who removed the individual shall not allow
the individual, on the same day the individual is removed, to
return to that practice or competition or to participate in any
other practice or competition for which the coach, referee, or
official is responsible. Thereafter, the coach, referee, or
official shall not allow the student to return to that practice or
competition or to participate in any other practice or competition
for which the coach, referee, or official is responsible until
both of the following conditions are satisfied:
(a) The individual's condition is assessed by either any of
the following who has complied with the requirements in division
(E)(4) of this section:
(ii) Any other A licensed health care provider professional
the youth sports organization, pursuant to division (E)(2) of this
section, authorizes to assess an individual who has been removed
from practice or competition under division (D) of this section;
(iii) A licensed health care professional who meets the
minimum education and continuing education requirements
established by rules adopted under section 3707.521 of the Revised
Code.
(b) The individual receives written clearance that it is safe
for the individual to return to practice or competition from a the
physician or from another licensed health care
provider
authorized pursuant to division (E)(2) of this section to grant
the clearance professional who assessed the individual's
condition.
(2) A youth sports organization may authorize a licensed
health care provider who is not a physician professional to make
an assessment or grant a clearance for purposes of division (E)(1)
of this section only if the provider professional is acting in
accordance with one of the following, as applicable to the
provider's professional's authority to practice in this state:
(a) In consultation with a physician;
(b) Pursuant to the referral of a physician;
(c) In collaboration with a physician;
(d) Under the supervision of a physician.
(3) A physician or other licensed health care
provider
professional who makes an assessment or grants a clearance for
purposes of division (E)(1) of this section may be a volunteer.
(4) Beginning one hundred eighty days after the effective
date of this amendment, all physicians and licensed health care
professionals who conduct assessments and clearances under
division (E)(1) of this section must meet the minimum education
and continuing education requirements established by rules adopted
under section 3707.521 of the Revised Code.
(F)(1) A youth sports organization or official, employee, or
volunteer of a youth sports organization, including a coach or
referee, is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from
providing services or performing duties under this section, unless
the act or omission constitutes willful or wanton misconduct.
(2) This section does not eliminate, limit, or reduce any
other immunity or defense that a public entity, public official,
or public employee may be entitled to under Chapter 2744. or any
other provision of the Revised Code or under the common law of
this state.
Sec. 3707.521. (A) The director of health, in consultation
with a representative of the state medical board, a representative
of the state chiropractic board, and any additional
representatives of licensed health care professions the director
considers appropriate, shall do both of the following not later
than one hundred eighty days after the effective date of this
section:
(1) Develop and publish guidelines addressing both of the
following with regard to athletes exhibiting signs, symptoms, or
behaviors consistent with having sustained a concussion or head
injury while participating in an interscholastic athletic event or
an athletic activity organized by a youth sports organization:
(a) The diagnosis and treatment of concussions and head
injuries;
(b) The conditions under which an athlete may be granted
clearance to return to practice or competition under section
3313.539 or 3707.511 of the Revised Code.
(2) Adopt rules in accordance with Chapter 119. of the
Revised Code governing both of the following:
(a) The minimum education requirements necessary to qualify a
licensed health care professional to assess and clear an athlete
for return to practice or competition under section 3313.539 or
3707.511 of the Revised Code;
(b) The minimum continuing education curriculum necessary to
qualify a licensed health care professional to continue to assess
and clear athletes for return to practice or competition under
section 3313.539 or 3707.511 of the Revised Code.
(B) In developing guidelines under division (A)(1) of this
section, the director shall consider nationally recognized
standards for the treatment and care of concussions and the scope
of practice of any licensed health care professional as it relates
to qualifications to assess and clear student athletes under
sections 3313.539 or 3707.511 of the Revised Code.
Sec. 5705.10. (A) All revenue derived from the general levy
for current expense within the ten-mill limitation, from any
general levy for current expense authorized by vote in excess of
the ten-mill limitation, and from sources other than the general
property tax, unless its use for a particular purpose is
prescribed by law, shall be paid into the general fund.
(B) All revenue derived from general or special levies for
debt charges, whether within or in excess of the ten-mill
limitation, which is levied for the debt charges on serial bonds,
notes, or certificates of indebtedness having a life less than
five years, shall be paid into the bond retirement fund; and all
such revenue which is levied for the debt charges on all other
bonds, notes, or certificates of indebtedness shall be paid into
the sinking fund.
(C) All revenue derived from a special levy shall be credited
to a special fund for the purpose for which the levy was made.
(D) Except as otherwise provided by resolution adopted
pursuant to section 3315.01 of the Revised Code, all revenue
derived from a source other than the general property tax and
which the law prescribes shall be used for a particular purpose,
shall be paid into a special fund for such purpose. Except as
otherwise provided by resolution adopted pursuant to section
3315.01 of the Revised Code or as otherwise provided by section
3315.40 of the Revised Code, all revenue derived from a source
other than the general property tax, for which the law does not
prescribe use for a particular purpose, including interest earned
on the principal of any special fund, regardless of the source or
purpose of the principal, shall be paid into the general fund.
(E) All proceeds from the sale of public obligations or
fractionalized interests in public obligations as defined in
section 133.01 of the Revised Code, except premium and accrued
interest, shall be paid into a special fund for the purpose of
such issue, and any interest and other income earned on money in
such special fund may be used for the purposes for which the
indebtedness was authorized or may be credited to the general fund
or other fund or account as the taxing authority authorizes and
used for the purposes of that fund or account. The premium and
accrued interest received from such sale shall be paid into the
sinking fund or the bond retirement fund of the subdivision.
(F) Except as provided in divisions (G) and (H) of this
section, if a permanent improvement of the subdivision is sold,
the amount received from the sale shall be paid into the sinking
fund, the bond retirement fund, or a special fund for the
construction or acquisition of permanent improvements; provided
that the proceeds from the sale of a public utility shall be paid
into the sinking fund or bond retirement fund to the extent
necessary to provide for the retirement of the outstanding
indebtedness incurred in the construction or acquisition of such
utility. Proceeds from the sale of property other than a permanent
improvement shall be paid into the fund from which such property
was acquired or is maintained or, if there is no such fund, into
the general fund.
(G) A township that has a population greater than fifteen
thousand according to the most recent federal decennial census and
that has declared one or more improvements in the township to be a
public purpose under section 5709.73 of the Revised Code may pay
proceeds from the sale of a permanent improvement of the township
into its general fund if both of the following conditions are
satisfied:
(1) The township fiscal officer determines that all
foreseeable public infrastructure improvements, as defined in
section 5709.40 of the Revised Code, to be made in the township in
the ten years immediately following the date the permanent
improvement is sold will have been financed through resolutions
adopted under section 5709.73 of the Revised Code on or before the
date of the sale. The fiscal officer shall provide written
certification of this determination for the township's records.
(2) The permanent improvement being sold was financed
entirely from moneys in the township's general fund.
(H) If a board of education of a school district disposes of
real property under section 3313.41 of the Revised Code, the
proceeds received from the sale shall be used to retire for either
of the following purposes:
(1) The retirement of any debt that was incurred by the
district with respect to that real property. Proceeds in excess of
the funds necessary to retire that debt may be paid into the
school district's capital and maintenance fund and used only to
pay for the costs of nonoperating capital expenses related to
technology infrastructure and equipment to be used for instruction
and assessment.
(2) Payment into a special fund for the construction or
acquisition of permanent improvements.
(I) Money paid into any fund shall be used only for the
purposes for which such fund is established.
Section 2. That existing sections 133.06, 149.433, 921.06,
3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03,
3302.10, 3310.03, 3310.031, 3310.13, 3310.14, 3310.522, 3311.24,
3311.25, 3311.38, 3311.86, 3313.372, 3313.537, 3313.539, 3313.603,
3313.6013, 3313.6014, 3313.6016, 3313.61, 3313.612, 3313.843,
3313.90, 3314.02, 3314.029, 3314.03, 3314.08, 3317.03, 3318.70,
3319.111, 3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 3321.08,
3324.07, 3325.02, 3325.06, 3325.07, 3325.10, 3326.11, 3326.36,
3328.24, 3328.25, 3331.04, 3333.041, 3333.35, 3333.43, 3333.86,
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08,
3365.11, 3707.511, and 5705.10 and sections
3313.536, 3345.062,
3365.01, 3365.02, 3365.021, 3365.022,
3365.03,
3365.07, 3365.09,
3365.10, 3365.12, and 3365.15 of the Revised Code are hereby
repealed.
Section 3. That the versions of sections 3314.03 and 3326.11
of the Revised Code that result from Section 1 of this act be
amended to read as follows:
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district and will comply with section 3301.0714 of
the Revised Code in the manner specified in section 3314.17 of the
Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
requirements prescribed in division (C) of section 3313.603 of the
Revised Code, unless the person qualifies under division (D) or
(F) of that section. Each school shall comply with the plan for
awarding high school credit based on demonstration of subject area
competency, adopted by the state board of education under division
(J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Section 4. That the existing versions of sections 3314.03 and
3326.11 of the Revised Code that result from Section 1 of this act
and section 3313.6015 of the Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act take effect July 1,
2015.
Section 6. (A) There is hereby created the School Based
Health Care Advisory Workgroup. The Workgroup shall consist of the
following members:
(1) The Superintendent of Public Instruction or the
Superintendent's designee;
(2) The Director of Developmental Disabilities or the
Director's designee;
(3) The Director of Health or the Director's designee;
(4) The Director of Job and Family Services or the Director's
designee;
(5) The Director of Medicaid or the Director's designee;
(6) The Director of Mental Health and Addiction Services or
the Director's designee;
(7) The Director of the Office of Health Transformation or
the Director's designee, who shall serve as chairperson;
(8) One representative from each of the following
organizations, appointed by the organization's chief executive
officer or the individual serving in an equivalent capacity for
the organization:
(a) The Association of Ohio Health Commissioners;
(b) The Buckeye Association of School Administrators;
(c) The County Commissioners Association of Ohio;
(d) The Greater Cincinnati Community Learning Institute;
(e) The Ohio Association of Community Health Centers;
(f) The Ohio Association of Health Plans;
(g) The Ohio Association of School Nurses;
(h) The Ohio Business Roundtable;
(i) The Ohio Chamber of Commerce;
(j) The Ohio Chapter of the American Academy of Pediatrics;
(k) The Ohio Children's Hospital Association;
(l) The Ohio Commission on Minority Health;
(m) The Ohio Council of Behavioral Health and Family Services
Providers;
(n) The Ohio Dental Association;
(o) The Ohio Optometric Association;
(p) The Ohio Parent Teacher Association;
(q) The Ohio State Medical Association;
(r) The Public Children Services Association of Ohio;
(s) Voices for Ohio's Children;
(t) The Ohio Federation of Teachers;
(u) The Ohio Association of County Behavioral Health
Authorities;
(v) The Ohio School Psychologists Association.
(9) Two members of the House of Representatives, one from the
majority party and the other from the minority party, appointed by
the Speaker of the House of Representatives;
(10) Two members of the Senate, one from the majority party
and the other from the minority party, appointed by the President
of the Senate.
(B) The Workgroup shall do all of the following:
(1) Review evidence of the correlation between student health
and academic achievement;
(2) Identify existing best practices to improve academic
achievement through better student health;
(3) Based on existing best practices, recommend one or more
models for communities that want to improve academic achievement
through better student health;
(4) Recommend financial strategies to sustain the models over
time, with an emphasis on health coverage through commercial
insurance and Medicaid, not other governmental subsidies;
(5) Recommend health care service delivery strategies that
are known to improve health outcomes, such as patient-centered
medical homes;
(6) Explore the community learning center model delivery of
student health care services;
(7) Ensure that all recommendations adhere to state and
federal law.
(C)(1) Appointments to the Workgroup shall be made not later
than fifteen days after the effective date of this section.
Vacancies shall be filled in the same manner as the original
appointments.
(2) Members of the Workgroup shall serve without compensation
or reimbursement for expenses incurred while serving on the
Workgroup, except to the extent that serving on the Workgroup is
considered to be among the member's employment duties.
(D) The Workgroup shall prepare a report of its findings and
recommendations and, not later than December 31, 2014, submit the
report to the General Assembly. Upon submission of the report, the
Workgroup shall cease to exist.
Section 7. (A) Notwithstanding anything to the contrary in
Chapter 3365. of the Revised Code, for the 2014-2015 school year,
the program established under that chapter shall continue to
operate as the Post-Secondary Enrollment Options Program, as it
existed under that chapter prior to the effective date of this
section. All rules for the Post-Secondary Enrollment Options
Program in effect on the effective date of this section shall
continue to govern that program for the 2014-2015 school year. The
College Credit Plus Program, as codified in Chapter 3365. of the
Revised Code, as it is revised by this act, shall begin operation
for the 2015-2016 school year. Beginning on the effective date of
this section, the Department of Education, State Board of
Education, and Chancellor of the Ohio Board of Regents shall take
the necessary steps to adopt rules, guidelines, and procedures and
to create any necessary forms and documents so that the College
Credit Plus Program is fully operational for the 2015-2016 school
year in accordance with Chapter 3365. of the Revised Code, as it
is revised by this act.
(B) In accordance with division (A) of this section, all
participants who enroll, or who have taken preliminary action to
enroll, in an institution of higher education for the 2014-2015
school year pursuant to Chapter 3365. of the Revised Code, as it
existed prior to the effective date of this section, or rules
adopted under that version of that chapter, shall participate in
the Post-Secondary Enrollment Options Program, as it existed prior
to the effective date of this section. Participants enrolled in an
institution of higher education under the Post-Secondary
Enrollment Options Program during the 2014-2015 school year shall
continue to be subject to the provisions of Chapter 3365. of the
Revised Code, as it existed prior to the effective date of this
section.
(C) For the 2014-2015 school year, all participants who
enroll, or who have taken preliminary action to enroll, in a dual
enrollment program as defined in section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section,
to participate during that school year in the dual enrollment
program shall participate under the specified dual enrollment
program in which the student enrolled and shall continue to be
subject to the provisions of section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section.
(D) Any agreement entered into for the 2014-2015 school year
regarding either the Post-Secondary Enrollment Options Program
under Chapter 3365. of the Revised Code, as it existed prior to
the effective date of this section, or any dual enrollment
program, as defined in section 3313.6013 of the Revised Code as it
existed prior to the effective date of this section, shall
continue in force, pursuant to the terms of that agreement, for
the 2014-2015 school year.
(E) For the 2013-2014 and 2014-2015 school years, the
Department of Education shall make all payments that the
Department is obligated to pay pursuant to section 3365.07 of the
Revised Code, as it existed prior to the effective date of this
section, for participants who enroll in an institution of higher
education under Chapter 3365. of the Revised Code, as it existed
prior to the effective date of this section.
(F) For the 2014-2015 school year only, whenever the term
"College Credit Plus Program" is used, referred to, or designated
in any provision of the Revised Code outside of Chapter 3365. of
the Revised Code, the use, reference, or designation shall be
construed to mean the "Post-Secondary Enrollment Options Program."
Section 8. (A) As used in this section:
(1) An "eligible school district" is a city, local, or
exempted village school district that satisfies either of the
following conditions:
(a) The district has fewer than five hundred students, and
the entire territory of the district is transferred to a
contiguous school district under section 3311.22 of the Revised
Code not later than June 30, 2015;
(b) The district has fewer than five hundred students, and
the district receives the entire territory of a contiguous school
district pursuant to a transfer under section 3311.22 of the
Revised Code not later than June 30, 2015.
(2) An eligible school district's "amount owed to the
solvency assistance fund" is either of the following:
(a) In the case of a school district described in division
(A)(1)(a) of this section, the amount owed by the district to the
solvency assistance fund created under section 3316.20 of the
Revised Code on the date that the district's territory is
transferred to a contiguous school district under section 3311.22
of the Revised Code;
(b) In the case of a school district described in division
(A)(1)(b) of this section, the amount owed by the district to the
solvency assistance fund created under section 3316.20 of the
Revised Code on the date that the district receives the entire
territory of a contiguous school district pursuant to a transfer
under section 3311.22 of the Revised Code.
(B) The amount owed to the solvency assistance fund by an
eligible school district shall be canceled.
(C) Nothing in this section shall prohibit an eligible school
district from receiving assistance from the Ohio school facilities
commission under Chapter 3318. of the Revised Code.
Section 9. If a board of education of a school district
disposed of real property under section 3313.41 of the Revised
Code on or after September 29, 2013, that district may use the
proceeds received from the sale for either of the purposes
described in division (H) of section 5705.10 of the Revised Code
as amended by this act.
Section 10. Not later than March 15, 2015, the Department of
Education shall select and approve at least two empirically tested
and validated student survey instruments for use by school
districts that elect to conduct student surveys in accordance with
division (A)(1)(b)(ii) of section 3319.112 of the Revised Code, as
amended by this act.
Section 11. Not later than January 15, 2015, the
Superintendent of Public Instruction shall submit a report to the
Governor and the General Assembly, in accordance with section
101.68 of the Revised Code, regarding the state achievement
assessments prescribed by divisions (A)(1) and (B)(1) and (2) of
section 3301.0710 of the Revised Code. The report shall include a
review of the number of elementary and secondary assessments
administered and the Superintendent's recommendations for
decreasing the number of assessments and decreasing the number of
designated dates for and the duration of the administration of
such assessments, to ensure that the extent of testing is
reasonable.
Section 12. (A) For the 2014-2015 school year, each school
district, community school established under Chapter 3314., or
STEM school established under Chapter 3326. of the Revised Code
shall administer the English language arts assessment required
under division (A)(1)(a) of section 3301.0710 of the Revised Code
to third grade students for purposes of section 3313.608 of the
Revised Code as follows:
(1) For the fall administration of the assessment, each
district or school shall administer the English language arts
assessment for third graders that the school administered for the
previous year under section 3301.0710 of the Revised Code.
(2) For the spring administration of the assessment to any
student who fails to attain at least the score range prescribed by
division (A)(3) of section 3301.0710 of the Revised Code, each
district or school shall administer the English language arts
assessment for third graders that the school administered for the
previous year under section 3301.0710 of the Revised Code.
(3) For the spring administration of the assessment to any
student who has attained at least the score range prescribed by
division (A)(3) of section 3301.0710 of the Revised Code, each
district or school may choose to administer either the English
language arts assessment developed by the Partnership for
Assessment of Readiness for College and Careers (PARCC) or the
assessment described in divisions (A)(1) and (2) of this section.
(B) Each district or school shall notify the Department of
Education of which assessment or assessments it shall administer
in accordance with the guidelines set by the Department.
(C) The Department shall develop a method to determine the
equivalence between the scores from each assessment prescribed and
administered under division (A) of this section for purposes of
calculating a district's or school's grades on the state report
card prescribed by section 3302.03 of the Revised Code.
Section 13. For the 2014-2015 school year, no school
district, community school, STEM school, college-preparatory
boarding school, or chartered nonpublic school shall be required
to administer in an online format any assessments prescribed by
sections 3301.0710 and 3301.0712 of the Revised Code. However, a
district or school may administer any of those assessments in an
online format at the discretion of the district board or school
governing authority, or in any combination of online and paper
formats. The department of education shall furnish, free of
charge, all such assessments for that school year regardless of
the format selected by the district or school.
Section 14. (A) There is hereby created a committee to make
recommendations regarding graduation requirements and other
state-mandated testing requirements for students who attend
chartered nonpublic schools. The committee shall consist of the
following members:
(1) The Superintendent of Public Instruction or the
Superintendent's designee, who shall act as the chairperson;
(2) The President of the state Board of Education or the
President's designee;
(3) Three individuals, appointed by the Speaker of the House
of Representatives, one of which shall be recommended by the
Minority Leader of the House of Representatives;
(4) Three individuals, appointed by the President of the
Senate, one of which shall be recommended by the Minority Leader
of the Senate;
(5) Three individuals, appointed by the Superintendent of
Public Instruction, representing each of the following entities:
(a) The Catholic Conference of Ohio;
(b) A nonpublic school accredited through the Independent
School Association of the Central States;
(c) A nonpublic school that is not a member of the Catholic
Conference of Ohio or accredited through the Independent School
Association of the Central States.
(B) Not later than January 15, 2015, the committee shall
prepare a report of its recommendations and submit the report to
the chairpersons of the standing committees of the House of
Representatives and the Senate that are principally responsible
for education policy.
Section 15. In accordance with section 3301.0711 of the
Revised Code, as amended by this act, the entirety of the
questions and corresponding preferred answers of the assessments
prescribed by division (A) of section 3301.0710 and division
(B)(2) of section 3301.0712 of the Revised Code administered in
the spring of the 2014-2015 school year shall be released within
three years of its administration.
Section 16. Notwithstanding anything in the Revised Code to
the contrary, the board of education of a school district, the
governing authority of a community school established under
Chapter 3314. of the Revised Code, or the governing body of a STEM
school established under Chapter 3326. of the Revised Code that
has entered into a collective bargaining agreement with its
teachers under Chapter 4117. of the Revised Code may enter into a
separate memorandum of understanding with the exclusive
representative of its teachers stipulating that the value-added
progress dimension rating issued for the 2014-2015 school year to
assess student academic growth for purposes of teacher evaluations
under sections 3311.80, 3319.111, and 3319.112 of the Revised Code
will not be used when making decisions regarding the dismissal,
retention, tenure, or compensation of the district's or school's
teachers.
As used in this section, "value-added progress dimension"
means the value-added progress dimension prescribed by 3302.021 of
the Revised Code or an alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3303.03 of
the Revised Code.
Section 17. Section 3318.70 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.