As Reported by the Senate Education Committee

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


Representative Brenner 

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



A BILL
To amend sections 133.06, 149.433, 921.06, 3301.079, 1
3301.0711, 3301.0712, 3301.0714, 3301.0715, 2
3302.03, 3302.10, 3310.03, 3310.031, 3310.13, 3
3310.14, 3310.522, 3311.24, 3311.25, 3311.38, 4
3311.86, 3313.372, 3313.537, 3313.539, 3313.603, 5
3313.6013, 3313.6014, 3313.6016, 3313.61, 6
3313.612, 3313.843, 3313.90, 3314.02, 3314.029, 7
3314.03, 3314.08, 3317.03, 3318.70, 3319.111, 8
3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 9
3321.08, 3324.07, 3325.02, 3325.06, 3325.07, 10
3325.10, 3326.11, 3326.36, 3328.24, 3328.25, 11
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 12
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 13
3365.06, 3365.08, 3365.11, 3707.511, and 5705.10; 14
to amend, for the purpose of adopting new section 15
numbers as indicated in parentheses, sections 16
3365.04 (3365.06), 3365.041 (3365.032), 3365.05 17
(3365.12), 3365.06 (3365.031), and 3365.11 18
(3365.09); to enact new sections 3313.536, 19
3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 20
3365.07, 3365.10, 3365.11, and 3365.15 and 21
sections 3301.078, 3301.163, 3301.947, 3302.036, 22
3302.15, 3311.241, 3311.251, 3313.21, 3313.212, 23
3313.6020, 3314.191, 3314.352, 3325.071, 3325.09, 24
3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and 25
3707.521; and to repeal sections 3313.536, 26
3345.062, 3365.01, 3365.02, 3365.021, 3365.022, 27
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 28
3365.15 of the Revised Code; and to amend the 29
versions of sections 3314.03 and 3326.11 of the 30
Revised Code that result from Section 1 of this 31
act and to repeal section 3313.6015 of the Revised 32
Code on July 1, 2015, with regard to education 33
provisions for students in grades kindergarten 34
through twelve.35


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

       Section 1. That sections 133.06, 149.433, 921.06, 3301.079, 36
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.10, 37
3310.03, 3310.031, 3310.13, 3310.14, 3310.522, 3311.24, 3311.25, 38
3311.38, 3311.86, 3313.372, 3313.537, 3313.539, 3313.603, 39
3313.6013, 3313.6014, 3313.6016, 3313.61, 3313.612, 3313.843, 40
3313.90, 3314.02, 3314.029, 3314.03, 3314.08, 3317.03, 3318.70, 41
3319.111, 3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 3321.08, 42
3324.07, 3325.02, 3325.06, 3325.07, 3325.10, 3326.11, 3326.36, 43
3328.24, 3328.25, 3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 44
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 45
3365.11, 3707.511 and 5705.10 be amended; sections 3365.04 46
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06 47
(3365.031), and 3365.11 (3365.09) be amended for the purpose of 48
adopting new section numbers as indicated in parentheses; and new 49
sections 3313.536, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 50
3365.07, 3365.10, 3365.11, and 3365.15 and sections 3301.078, 51
3301.163, 3301.947, 3302.036, 3302.15, 3311.241, 3311.251, 52
3313.21, 3313.212, 3313.6020, 3314.191, 3314.352, 3325.071, 53
3325.09, 3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and 54
3707.521 of the Revised Code be enacted to read as follows:55

       Sec. 133.06.  (A) A school district shall not incur, without 56
a vote of the electors, net indebtedness that exceeds an amount 57
equal to one-tenth of one per cent of its tax valuation, except as 58
provided in divisions (G) and (H) of this section and in division 59
(C) of section 3313.372 of the Revised Code, or as prescribed in 60
section 3318.052 or 3318.44 of the Revised Code, or as provided in 61
division (J) of this section.62

       (B) Except as provided in divisions (E), (F), and (I) of this 63
section, a school district shall not incur net indebtedness that 64
exceeds an amount equal to nine per cent of its tax valuation.65

       (C) A school district shall not submit to a vote of the 66
electors the question of the issuance of securities in an amount 67
that will make the district's net indebtedness after the issuance 68
of the securities exceed an amount equal to four per cent of its 69
tax valuation, unless the superintendent of public instruction, 70
acting under policies adopted by the state board of education, and 71
the tax commissioner, acting under written policies of the 72
commissioner, consent to the submission. A request for the 73
consents shall be made at least one hundred twenty days prior to 74
the election at which the question is to be submitted.75

       The superintendent of public instruction shall certify to the 76
district the superintendent's and the tax commissioner's decisions 77
within thirty days after receipt of the request for consents.78

       If the electors do not approve the issuance of securities at 79
the election for which the superintendent of public instruction 80
and tax commissioner consented to the submission of the question, 81
the school district may submit the same question to the electors 82
on the date that the next special election may be held under 83
section 3501.01 of the Revised Code without submitting a new 84
request for consent. If the school district seeks to submit the 85
same question at any other subsequent election, the district shall 86
first submit a new request for consent in accordance with this 87
division.88

       (D) In calculating the net indebtedness of a school district, 89
none of the following shall be considered:90

       (1) Securities issued to acquire school buses and other 91
equipment used in transporting pupils or issued pursuant to 92
division (D) of section 133.10 of the Revised Code;93

       (2) Securities issued under division (F) of this section, 94
under section 133.301 of the Revised Code, and, to the extent in 95
excess of the limitation stated in division (B) of this section, 96
under division (E) of this section;97

       (3) Indebtedness resulting from the dissolution of a joint 98
vocational school district under section 3311.217 of the Revised 99
Code, evidenced by outstanding securities of that joint vocational 100
school district;101

       (4) Loans, evidenced by any securities, received under 102
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;103

       (5) Debt incurred under section 3313.374 of the Revised Code;104

       (6) Debt incurred pursuant to division (B)(5) of section 105
3313.37 of the Revised Code to acquire computers and related 106
hardware;107

       (7) Debt incurred under section 3318.042 of the Revised Code.108

       (E) A school district may become a special needs district as 109
to certain securities as provided in division (E) of this section.110

       (1) A board of education, by resolution, may declare its 111
school district to be a special needs district by determining both 112
of the following:113

       (a) The student population is not being adequately serviced 114
by the existing permanent improvements of the district.115

       (b) The district cannot obtain sufficient funds by the 116
issuance of securities within the limitation of division (B) of 117
this section to provide additional or improved needed permanent 118
improvements in time to meet the needs.119

       (2) The board of education shall certify a copy of that 120
resolution to the superintendent of public instruction with a 121
statistical report showing all of the following:122

       (a) The history of and a projection of the growth of the tax 123
valuation;124

       (b) The projected needs;125

       (c) The estimated cost of permanent improvements proposed to 126
meet such projected needs.127

       (3) The superintendent of public instruction shall certify 128
the district as an approved special needs district if the 129
superintendent finds both of the following:130

       (a) The district does not have available sufficient 131
additional funds from state or federal sources to meet the 132
projected needs.133

       (b) The projection of the potential average growth of tax 134
valuation during the next five years, according to the information 135
certified to the superintendent and any other information the 136
superintendent obtains, indicates a likelihood of potential 137
average growth of tax valuation of the district during the next 138
five years of an average of not less than one and one-half per 139
cent per year. The findings and certification of the 140
superintendent shall be conclusive.141

       (4) An approved special needs district may incur net 142
indebtedness by the issuance of securities in accordance with the 143
provisions of this chapter in an amount that does not exceed an 144
amount equal to the greater of the following:145

       (a) Twelve per cent of the sum of its tax valuation plus an 146
amount that is the product of multiplying that tax valuation by 147
the percentage by which the tax valuation has increased over the 148
tax valuation on the first day of the sixtieth month preceding the 149
month in which its board determines to submit to the electors the 150
question of issuing the proposed securities;151

       (b) Twelve per cent of the sum of its tax valuation plus an 152
amount that is the product of multiplying that tax valuation by 153
the percentage, determined by the superintendent of public 154
instruction, by which that tax valuation is projected to increase 155
during the next ten years.156

       (F) A school district may issue securities for emergency 157
purposes, in a principal amount that does not exceed an amount 158
equal to three per cent of its tax valuation, as provided in this 159
division.160

       (1) A board of education, by resolution, may declare an 161
emergency if it determines both of the following:162

       (a) School buildings or other necessary school facilities in 163
the district have been wholly or partially destroyed, or condemned 164
by a constituted public authority, or that such buildings or 165
facilities are partially constructed, or so constructed or planned 166
as to require additions and improvements to them before the 167
buildings or facilities are usable for their intended purpose, or 168
that corrections to permanent improvements are necessary to remove 169
or prevent health or safety hazards.170

       (b) Existing fiscal and net indebtedness limitations make 171
adequate replacement, additions, or improvements impossible.172

       (2) Upon the declaration of an emergency, the board of 173
education may, by resolution, submit to the electors of the 174
district pursuant to section 133.18 of the Revised Code the 175
question of issuing securities for the purpose of paying the cost, 176
in excess of any insurance or condemnation proceeds received by 177
the district, of permanent improvements to respond to the 178
emergency need.179

       (3) The procedures for the election shall be as provided in 180
section 133.18 of the Revised Code, except that:181

       (a) The form of the ballot shall describe the emergency 182
existing, refer to this division as the authority under which the 183
emergency is declared, and state that the amount of the proposed 184
securities exceeds the limitations prescribed by division (B) of 185
this section;186

       (b) The resolution required by division (B) of section 133.18 187
of the Revised Code shall be certified to the county auditor and 188
the board of elections at least one hundred days prior to the 189
election;190

       (c) The county auditor shall advise and, not later than 191
ninety-five days before the election, confirm that advice by 192
certification to, the board of education of the information 193
required by division (C) of section 133.18 of the Revised Code;194

       (d) The board of education shall then certify its resolution 195
and the information required by division (D) of section 133.18 of 196
the Revised Code to the board of elections not less than ninety 197
days prior to the election.198

       (4) Notwithstanding division (B) of section 133.21 of the 199
Revised Code, the first principal payment of securities issued 200
under this division may be set at any date not later than sixty 201
months after the earliest possible principal payment otherwise 202
provided for in that division.203

       (G)(1) The board of education may contract with an architect, 204
professional engineer, or other person experienced in the design 205
and implementation of energy conservation measures for an analysis 206
and recommendations pertaining to installations, modifications of 207
installations, or remodeling that would significantly reduce 208
energy consumption in buildings owned by the district. The report 209
shall include estimates of all costs of such installations, 210
modifications, or remodeling, including costs of design, 211
engineering, installation, maintenance, repairs, measurement and 212
verification of energy savings, and debt service, forgone residual 213
value of materials or equipment replaced by the energy 214
conservation measure, as defined by the Ohio school facilities 215
commission, a baseline analysis of actual energy consumption data 216
for the preceding three years with the utility baseline based on 217
only the actual energy consumption data for the preceding twelve 218
months, and estimates of the amounts by which energy consumption 219
and resultant operational and maintenance costs, as defined by the 220
commission, would be reduced.221

       If the board finds after receiving the report that the amount 222
of money the district would spend on such installations, 223
modifications, or remodeling is not likely to exceed the amount of 224
money it would save in energy and resultant operational and 225
maintenance costs over the ensuing fifteen years, the board may 226
submit to the commission a copy of its findings and a request for 227
approval to incur indebtedness to finance the making or 228
modification of installations or the remodeling of buildings for 229
the purpose of significantly reducing energy consumption.230

        The school facilities commission, in consultation with the 231
auditor of state, may deny a request under this division by the 232
board of education any school district is in a state of fiscal 233
watch pursuant to division (A) of section 3316.03 of the Revised 234
Code, if it determines that the expenditure of funds is not in the 235
best interest of the school district.236

       No district board of education of a school district that is 237
in a state of fiscal emergency pursuant to division (B) of section 238
3316.03 of the Revised Code shall submit a request without 239
submitting evidence that the installations, modifications, or 240
remodeling have been approved by the district's financial planning 241
and supervision commission established under section 3316.05 of 242
the Revised Code.243

       No board of education of a school district that, for three or 244
more consecutive years, has been declared to be in a state of 245
academic emergency under section 3302.03 of the Revised Code, as 246
that section existed prior to March 22, 2013, and has failed to 247
meet adequate yearly progress, or has met any condition set forth 248
in division (A)(2),or (3), or (4) of section 3302.10 of the 249
Revised Code shall submit a request without first receiving 250
approval to incur indebtedness from the district's academic 251
distress commission established under that section, for so long as 252
such commission continues to be required for the district.253

       (2) The school facilities commission shall approve the 254
board's request provided that the following conditions are 255
satisfied:256

       (a) The commission determines that the board's findings are 257
reasonable.258

       (b) The request for approval is complete.259

       (c) The installations, modifications, or remodeling are 260
consistent with any project to construct or acquire classroom 261
facilities, or to reconstruct or make additions to existing 262
classroom facilities under sections 3318.01 to 3318.20 or sections 263
3318.40 to 3318.45 of the Revised Code.264

       Upon receipt of the commission's approval, the district may 265
issue securities without a vote of the electors in a principal 266
amount not to exceed nine-tenths of one per cent of its tax 267
valuation for the purpose of making such installations, 268
modifications, or remodeling, but the total net indebtedness of 269
the district without a vote of the electors incurred under this 270
and all other sections of the Revised Code, except section 271
3318.052 of the Revised Code, shall not exceed one per cent of the 272
district's tax valuation.273

       (3) So long as any securities issued under this division 274
remain outstanding, the board of education shall monitor the 275
energy consumption and resultant operational and maintenance costs 276
of buildings in which installations or modifications have been 277
made or remodeling has been done pursuant to this division and. 278
Except as provided in division (G)(4) of this section, the board279
shall maintain and annually update a report in a form and manner 280
prescribed by the school facilities commission documenting the 281
reductions in energy consumption and resultant operational and 282
maintenance cost savings attributable to such installations, 283
modifications, or remodeling. The report shall be certified by an 284
architect or engineer independent of any person that provided 285
goods or services to the board in connection with the energy 286
conservation measures that are the subject of the report. The 287
resultant operational and maintenance cost savings shall be 288
certified by the school district treasurer. The report shall be 289
submitted annually to the commission.290

       (4) If the school facilities commission verifies that the 291
certified annual reports submitted to the commission by a board of 292
education under division (G)(3) of this section fulfill the 293
guarantee required under division (B) of section 3313.372 of the 294
Revised Code for three consecutive years, the board of education 295
shall no longer be subject to the annual reporting requirements of 296
division (G)(3) of this section.297

       (H) With the consent of the superintendent of public 298
instruction, a school district may incur without a vote of the 299
electors net indebtedness that exceeds the amounts stated in 300
divisions (A) and (G) of this section for the purpose of paying 301
costs of permanent improvements, if and to the extent that both of 302
the following conditions are satisfied:303

       (1) The fiscal officer of the school district estimates that 304
receipts of the school district from payments made under or 305
pursuant to agreements entered into pursuant to section 725.02, 306
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 307
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 308
Code, or distributions under division (C) of section 5709.43 of 309
the Revised Code, or any combination thereof, are, after 310
accounting for any appropriate coverage requirements, sufficient 311
in time and amount, and are committed by the proceedings, to pay 312
the debt charges on the securities issued to evidence that 313
indebtedness and payable from those receipts, and the taxing 314
authority of the district confirms the fiscal officer's estimate, 315
which confirmation is approved by the superintendent of public 316
instruction;317

       (2) The fiscal officer of the school district certifies, and 318
the taxing authority of the district confirms, that the district, 319
at the time of the certification and confirmation, reasonably 320
expects to have sufficient revenue available for the purpose of 321
operating such permanent improvements for their intended purpose 322
upon acquisition or completion thereof, and the superintendent of 323
public instruction approves the taxing authority's confirmation.324

       The maximum maturity of securities issued under division (H) 325
of this section shall be the lesser of twenty years or the maximum 326
maturity calculated under section 133.20 of the Revised Code.327

       (I) A school district may incur net indebtedness by the 328
issuance of securities in accordance with the provisions of this 329
chapter in excess of the limit specified in division (B) or (C) of 330
this section when necessary to raise the school district portion 331
of the basic project cost and any additional funds necessary to 332
participate in a project under Chapter 3318. of the Revised Code, 333
including the cost of items designated by the Ohio school 334
facilities commission as required locally funded initiatives, the 335
cost of other locally funded initiatives in an amount that does 336
not exceed fifty per cent of the district's portion of the basic 337
project cost, and the cost for site acquisition. The school 338
facilities commission shall notify the superintendent of public 339
instruction whenever a school district will exceed either limit 340
pursuant to this division.341

       (J) A school district whose portion of the basic project cost 342
of its classroom facilities project under sections 3318.01 to 343
3318.20 of the Revised Code is greater than or equal to one 344
hundred million dollars may incur without a vote of the electors 345
net indebtedness in an amount up to two per cent of its tax 346
valuation through the issuance of general obligation securities in 347
order to generate all or part of the amount of its portion of the 348
basic project cost if the controlling board has approved the 349
school facilities commission's conditional approval of the project 350
under section 3318.04 of the Revised Code. The school district 351
board and the Ohio school facilities commission shall include the 352
dedication of the proceeds of such securities in the agreement 353
entered into under section 3318.08 of the Revised Code. No state 354
moneys shall be released for a project to which this section 355
applies until the proceeds of any bonds issued under this section 356
that are dedicated for the payment of the school district portion 357
of the project are first deposited into the school district's 358
project construction fund.359

       Sec. 149.433. (A) As used in this section:360

       (1) "Act of terrorism" has the same meaning as in section 361
2909.21 of the Revised Code.362

       (2) "Infrastructure record" means any record that discloses 363
the configuration of a public office's or chartered nonpublic 364
school's critical systems including, but not limited to, 365
communication, computer, electrical, mechanical, ventilation, 366
water, and plumbing systems, security codes, or the infrastructure 367
or structural configuration of the building in which a public 368
office or chartered nonpublic school is located. "Infrastructure 369
record" does not mean a simple floor plan that discloses only the 370
spatial relationship of components of a public office or chartered 371
nonpublic school or the building in which a public office or 372
chartered nonpublic school is located.373

       (3) "Security record" means any of the following:374

       (a) Any record that contains information directly used for 375
protecting or maintaining the security of a public office against 376
attack, interference, or sabotage;377

       (b) Any record assembled, prepared, or maintained by a public 378
office or public body to prevent, mitigate, or respond to acts of 379
terrorism, including any of the following:380

       (i) Those portions of records containing specific and unique 381
vulnerability assessments or specific and unique response plans 382
either of which is intended to prevent or mitigate acts of 383
terrorism, and communication codes or deployment plans of law 384
enforcement or emergency response personnel;385

       (ii) Specific intelligence information and specific 386
investigative records shared by federal and international law 387
enforcement agencies with state and local law enforcement and 388
public safety agencies;389

       (iii) National security records classified under federal 390
executive order and not subject to public disclosure under federal 391
law that are shared by federal agencies, and other records related 392
to national security briefings to assist state and local 393
government with domestic preparedness for acts of terrorism.394

       (c) A school safetyAn emergency management plan adopted 395
pursuant to section 3313.536 of the Revised Code.396

       (B) A record kept by a public office that is a security 397
record or an infrastructure record is not a public record under 398
section 149.43 of the Revised Code and is not subject to mandatory 399
release or disclosure under that section.400

       (C) Notwithstanding any other section of the Revised Code, 401
disclosure by a public office, public employee, chartered 402
nonpublic school, or chartered nonpublic school employee of a 403
security record or infrastructure record that is necessary for 404
construction, renovation, or remodeling work on any public 405
building or project or chartered nonpublic school does not 406
constitute public disclosure for purposes of waiving division (B) 407
of this section and does not result in that record becoming a 408
public record for purposes of section 149.43 of the Revised Code.409

       Sec. 921.06.  (A)(1) No individual shall do any of the 410
following without having a commercial applicator license issued by 411
the director of agriculture:412

       (a) Apply pesticides for a pesticide business without direct 413
supervision;414

       (b) Apply pesticides as part of the individual's duties while 415
acting as an employee of the United States government, a state, 416
county, township, or municipal corporation, or a park district, 417
port authority, or sanitary district created under Chapter 1545., 418
4582., or 6115. of the Revised Code, respectively;419

       (c) Apply restricted use pesticides. Division (A)(1)(c) of 420
this section does not apply to a private applicator or an 421
immediate family member or a subordinate employee of a private 422
applicator who is acting under the direct supervision of that 423
private applicator.424

       (d) If the individual is the owner of a business other than a 425
pesticide business or an employee of such an owner, apply 426
pesticides at any of the following publicly accessible sites that 427
are located on the property:428

       (i) Food service operations that are licensed under Chapter 429
3717. of the Revised Code;430

       (ii) Retail food establishments that are licensed under 431
Chapter 3717. of the Revised Code;432

       (iii) Golf courses;433

       (iv) Rental properties of more than four apartment units at 434
one location;435

       (v) Hospitals or medical facilities as defined in section 436
3701.01 of the Revised Code;437

       (vi) Child day-care centers or school child day-care centers 438
as defined in section 5104.01 of the Revised Code;439

       (vii) Facilities owned or operated by a school district 440
established under Chapter 3311. of the Revised Code, including an 441
educationeducational service center, a community school 442
established under Chapter 3314. of the Revised Code, or a 443
chartered or nonchartered nonpublic school that meets minimum 444
standards established by the state board of education;445

       (viii) Colleges as defined in section 3365.01State 446
institutions of higher education as defined in section 3345.011 of 447
the Revised Code, nonprofit institutions holding a certificate of 448
authorization pursuant to Chapter 1713. of the Revised Code, 449
institutions holding a certificate of registration from the state 450
board of career colleges and schools and program authorization for 451
an associate or bachelor's degree program issued under section 452
3332.05 of the Revised Code, and private institutions exempt from 453
regulation under Chapter 3332. of the Revised Code as prescribed 454
in section 3333.046 of the Revised Code;455

       (ix) Food processing establishments as defined in section 456
3715.021 of the Revised Code;457

       (x) Any other site designated by rule.458

       (e) Conduct authorized diagnostic inspections.459

       (2) Divisions (A)(1)(a) to (d) of this section do not apply 460
to an individual who is acting as a trained serviceperson under 461
the direct supervision of a commercial applicator.462

       (3) Licenses shall be issued for a period of time established 463
by rule and shall be renewed in accordance with deadlines 464
established by rule. The fee for each such license shall be 465
established by rule. If a license is not issued or renewed, the 466
application fee shall be retained by the state as payment for the 467
reasonable expense of processing the application. The director 468
shall by rule classify by pesticide-use category licenses to be 469
issued under this section. A single license may include more than 470
one pesticide-use category. No individual shall be required to pay 471
an additional license fee if the individual is licensed for more 472
than one category.473

       The fee for each license or renewal does not apply to an 474
applicant who is an employee of the department of agriculture 475
whose job duties require licensure as a commercial applicator as a 476
condition of employment.477

       (B) Application for a commercial applicator license shall be 478
made on a form prescribed by the director. Each application for a 479
license shall state the pesticide-use category or categories of 480
license for which the applicant is applying and other information 481
that the director determines essential to the administration of 482
this chapter.483

       (C) If the director finds that the applicant is competent to 484
apply pesticides and conduct diagnostic inspections and that the 485
applicant has passed both the general examination and each 486
applicable pesticide-use category examination as required under 487
division (A) of section 921.12 of the Revised Code, the director 488
shall issue a commercial applicator license limited to the 489
pesticide-use category or categories for which the applicant is 490
found to be competent. If the director rejects an application, the 491
director may explain why the application was rejected, describe 492
the additional requirements necessary for the applicant to obtain 493
a license, and return the application. The applicant may resubmit 494
the application without payment of any additional fee.495

       (D)(1) A person who is a commercial applicator shall be 496
deemed to hold a private applicator's license for purposes of 497
applying pesticides on agricultural commodities that are produced 498
by the commercial applicator.499

       (2) A commercial applicator shall apply pesticides only in 500
the pesticide-use category or categories in which the applicator 501
is licensed under this chapter.502

       (E) All money collected under this section shall be credited 503
to the pesticide, fertilizer, and lime program fund created in 504
section 921.22 of the Revised Code.505

       Sec. 3301.078.  No official or board of this state, whether 506
appointed or elected, shall enter into any agreement or memorandum 507
of understanding with any federal or private entity that would 508
require the state to cede any measure of control over the 509
development, adoption, or revision of academic content standards.510

       Sec. 3301.079.  (A)(1) The state board of education 511
periodically shall adopt statewide academic standards with 512
emphasis on coherence, focus, and rigoressential knowledge and 513
that are more challenging and demanding when compared to 514
international standards for each of grades kindergarten through 515
twelve in English language arts, mathematics, science, and social 516
studies.517

       (a) The state board shall ensure that the standards shall 518
specifydo all of the following:519

       (i) The coreInclude the essential academic content and 520
skills that students are expected to know and be able to do at 521
each grade level that will allow each student to be prepared for 522
postsecondary instruction and the workplace for success in the 523
twenty-first century;524

       (ii) TheInclude the development of skill sets that promote 525
information, media, and technological literacy;526

       (iii) InterdisciplinaryInclude interdisciplinary, 527
project-based, real-world learning opportunities;528

       (iv) Instill life-long learning by providing essential 529
knowledge and skills based in the liberal arts tradition, as well 530
as science, technology, engineering, mathematics, and 531
career-technical education;532

        (v) Be clearly written, transparent, and understandable by 533
parents, educators, and the general public.534

       (b) Not later than July 1, 2012, the state board shall 535
incorporate into the social studies standards for grades four to 536
twelve academic content regarding the original texts of the 537
Declaration of Independence, the Northwest Ordinance, the 538
Constitution of the United States and its amendments, with 539
emphasis on the Bill of Rights, and the Ohio Constitution, and 540
their original context. The state board shall revise the model 541
curricula and achievement assessments adopted under divisions (B) 542
and (C) of this section as necessary to reflect the additional 543
American history and American government content. The state board 544
shall make available a list of suggested grade-appropriate 545
supplemental readings that place the documents prescribed by this 546
division in their historical context, which teachers may use as a 547
resource to assist students in reading the documents within that 548
context.549

       (c) When the state board adopts or revises academic content 550
standards in social studies, American history, American 551
government, or science under division (A)(1) of this section, the 552
state board shall develop such standards independently and not as 553
part of a multistate consortium.554

       (2) After completing the standards required by division 555
(A)(1) of this section, the state board shall adopt standards and 556
model curricula for instruction in technology, financial literacy 557
and entrepreneurship, fine arts, and foreign language for grades 558
kindergarten through twelve. The standards shall meet the same 559
requirements prescribed in division (A)(1)(a) of this section. 560

       (3) The state board shall adopt the most recent standards 561
developed by the national association for sport and physical 562
education for physical education in grades kindergarten through 563
twelve or shall adopt its own standards for physical education in 564
those grades and revise and update them periodically. 565

       The department of education shall employ a full-time physical 566
education coordinator to provide guidance and technical assistance 567
to districts, community schools, and STEM schools in implementing 568
the physical education standards adopted under this division. The 569
superintendent of public instruction shall determine that the 570
person employed as coordinator is qualified for the position, as 571
demonstrated by possessing an adequate combination of education, 572
license, and experience.573

       (4) When academic standards have been completed for any 574
subject area required by this section, the state board shall 575
inform all school districts, all community schools established 576
under Chapter 3314. of the Revised Code, all STEM schools 577
established under Chapter 3326. of the Revised Code, and all 578
nonpublic schools required to administer the assessments 579
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code 580
of the content of those standards. Additionally, upon completion 581
of any academic standards under this section, the department shall 582
post those standards on the department's web site.583

       (B)(1) The state board shall adopt a model curriculum for 584
instruction in each subject area for which updated academic 585
standards are required by division (A)(1) of this section and for 586
each of grades kindergarten through twelve that is sufficient to 587
meet the needs of students in every community. The model 588
curriculum shall be aligned with the standards, to ensure that the 589
academic content and skills specified for each grade level are 590
taught to students, and shall demonstrate vertical articulation 591
and emphasize coherence, focus, and rigor. When any model 592
curriculum has been completed, the state board shall inform all 593
school districts, community schools, and STEM schools of the 594
content of that model curriculum.595

       (2) Not later than June 30, 2013, the state board, in 596
consultation with any office housed in the governor's office that 597
deals with workforce development, shall adopt model curricula for 598
grades kindergarten through twelve that embed career connection 599
learning strategies into regular classroom instruction.600

       (3) All school districts, community schools, and STEM schools 601
may utilize the state standards and the model curriculum 602
established by the state board, together with other relevant 603
resources, examples, or models to ensure that students have the 604
opportunity to attain the academic standards. Upon request, the 605
department shall provide technical assistance to any district, 606
community school, or STEM school in implementing the model 607
curriculum.608

       Nothing in this section requires any school district to 609
utilize all or any part of a model curriculum developed under this 610
section.611

       (C) The state board shall develop achievement assessments 612
aligned with the academic standards and model curriculum for each 613
of the subject areas and grade levels required by divisions (A)(1) 614
and (B)(1) of section 3301.0710 of the Revised Code.615

       When any achievement assessment has been completed, the state 616
board shall inform all school districts, community schools, STEM 617
schools, and nonpublic schools required to administer the 618
assessment of its completion, and the department shall make the 619
achievement assessment available to the districts and schools. 620

       (D)(1) The state board shall adopt a diagnostic assessment 621
aligned with the academic standards and model curriculum for each 622
of grades kindergarten through two in reading, writing, and 623
mathematics and for grade three in reading and writing. The 624
diagnostic assessment shall be designed to measure student 625
comprehension of academic content and mastery of related skills 626
for the relevant subject area and grade level. Any diagnostic 627
assessment shall not include components to identify gifted 628
students. Blank copies of diagnostic assessments shall be public 629
records.630

       (2) When each diagnostic assessment has been completed, the 631
state board shall inform all school districts of its completion 632
and the department shall make the diagnostic assessment available 633
to the districts at no cost to the district. School districts 634
shall administer the diagnostic assessment pursuant to section 635
3301.0715 of the Revised Code beginning the first school year 636
following the development of the assessment.637

       (E) The state board shall not adopt a diagnostic or 638
achievement assessment for any grade level or subject area other 639
than those specified in this section.640

       (F) Whenever the state board or the department consults with 641
persons for the purpose of drafting or reviewing any standards, 642
diagnostic assessments, achievement assessments, or model 643
curriculum required under this section, the state board or the 644
department shall first consult with parents of students in 645
kindergarten through twelfth grade and with active Ohio classroom 646
teachers, other school personnel, and administrators with 647
expertise in the appropriate subject area. Whenever practicable, 648
the state board and department shall consult with teachers 649
recognized as outstanding in their fields.650

       If the department contracts with more than one outside entity 651
for the development of the achievement assessments required by 652
this section, the department shall ensure the interchangeability 653
of those assessments.654

       (G) Whenever the state board adopts standards or model 655
curricula under this section, the department also shall provide 656
information on the use of blended or digital learning in the 657
delivery of the standards or curricula to students in accordance 658
with division (A)(4) of this section. 659

       (H) The fairness sensitivity review committee, established by 660
rule of the state board of education, shall not allow any question 661
on any achievement or diagnostic assessment developed under this 662
section or any proficiency test prescribed by former section 663
3301.0710 of the Revised Code, as it existed prior to September 664
11, 2001, to include, be written to promote, or inquire as to 665
individual moral or social values or beliefs. The decision of the 666
committee shall be final. This section does not create a private 667
cause of action.668

       (I)(1)(a) The English language arts academic standards review 669
committee is hereby created to review academic content standards 670
in the subject of English language arts. The committee shall 671
consist of the following members:672

       (i) Three experts who are residents of this state and who 673
primarily conduct research, provide instruction, currently work 674
in, or possess an advanced degree in the subject area. One expert 675
shall be appointed by each of the president of the senate, the 676
speaker of the house of representatives, and the governor;677

       (ii) One parent or guardian appointed by the president of the 678
senate;679

       (iii) One educator who is currently teaching in a classroom, 680
appointed by the speaker of the house of representatives;681

        (iv) The chancellor of the Ohio board of regents, or the 682
chancellor's designee;683

        (v) The state superintendent, or the superintendent's 684
designee, who shall serve as the chairperson of the committee.685

       (b) The mathematics academic standards review committee is 686
hereby created to review academic content standards in the subject 687
of mathematics. The committee shall consist of the following 688
members:689

       (i) Three experts who are residents of this state and who 690
primarily conduct research, provide instruction, currently work 691
in, or possess an advanced degree in the subject area. One expert 692
shall be appointed by each of the president of the senate, the 693
speaker of the house of representatives, and the governor;694

       (ii) One parent or guardian appointed by the speaker of the 695
house of representatives;696

       (iii) One educator who is currently teaching in a classroom, 697
appointed by the president of the senate;698

        (iv) The chancellor, or the chancellor's designee;699

        (v) The state superintendent, or the superintendent's 700
designee, who shall serve as the chairperson of the committee.701

       (c) The science academic standards review committee is hereby 702
created to review academic content standards in the subject of 703
science. The committee shall consist of the following members:704

       (i) Three experts who are residents of this state and who 705
primarily conduct research, provide instruction, currently work 706
in, or possess an advanced degree in the subject area. One expert 707
shall be appointed by each of the president of the senate, the 708
speaker of the house of representatives, and the governor;709

       (ii) One parent or guardian appointed by the president of the 710
senate;711

       (iii) One educator who is currently teaching in a classroom, 712
appointed by the speaker of the house of representatives;713

        (iv) The chancellor, or the chancellor's designee;714

        (v) The state superintendent, or the superintendent's 715
designee, who shall serve as the chairperson of the committee.716

       (d) The social studies academic standards review committee is 717
hereby created to review academic content standards in the subject 718
of social studies. The committee shall consist of the following 719
members:720

       (i) Three experts who are residents of this state and who 721
primarily conduct research, provide instruction, currently work 722
in, or possess an advanced degree in the subject area. One expert 723
shall be appointed by each of the president of the senate, the 724
speaker of the house of representatives, and the governor;725

       (ii) One parent or guardian appointed by the speaker of the 726
house of representatives;727

       (iii) One educator who is currently teaching in a classroom, 728
appointed by the president of the senate;729

        (iv) The chancellor, or the chancellor's designee;730

        (v) The state superintendent, or the superintendent's 731
designee, who shall serve as the chairperson of the committee.732

       (2)(a) Each committee created in division (I)(1) of this 733
section shall review the academic content standards for its 734
respective subject area to ensure that such standards are clear, 735
concise, and appropriate for each grade level and promote higher 736
student performance, learning, subject matter comprehension, and 737
improved student achievement. Each committee also shall review 738
whether the standards for its respective subject area promote 739
essential knowledge in the subject, lifelong learning, the liberal 740
arts tradition, and college and career readiness and whether the 741
standards reduce remediation.742

       (b) Each committee shall determine whether the assessments 743
submitted to that committee under division (I)(4) of this section 744
are appropriate for the committee's respective subject area and 745
meet the academic content standards adopted under this section and 746
community expectations.747

       (3) The department of education shall provide administrative 748
support for each committee created in division (I)(1) of this 749
section. Members of each committee shall be reimbursed for 750
reasonable and necessary expenses related to the operations of the 751
committee. Members of each committee shall serve at the pleasure 752
of the appointing authority.753

       (4) Notwithstanding anything to the contrary in division (N) 754
of section 3301.0711 of the Revised Code, the department shall 755
submit to the appropriate committee created under division (I)(1) 756
of this section copies of the questions and corresponding answers 757
on the relevant assessments required by section 3301.0710 of the 758
Revised Code on the first day of July following the school year 759
that the assessments were administered. The department shall 760
provide each committee with the entire content of each relevant 761
assessment, including corresponding answers.762

       The assessments received by the committees are not public 763
records of the committees and are not subject to release by the 764
committees to any other person or entity under section 149.43 of 765
the Revised Code. However, the assessments shall become public 766
records in accordance with division (N) of section 3301.0711 of 767
the Revised Code.768

       (J) Not later than forty-five days prior to the adoption by 769
the state board of updated academic standards under division 770
(A)(1) of this section or updated model curricula under division 771
(B)(1) of this section, the superintendent of public instruction 772
shall present the academic standards or model curricula, as 773
applicable, to the respective committees of the house of 774
representatives and senate that consider education legislation.775

       (J)(K) As used in this section:776

       (1) "Blended learning" means the delivery of instruction in a 777
combination of time in a supervised physical location away from 778
home and online delivery whereby the student has some element of 779
control over time, place, path, or pace of learning. 780

       (2) "Coherence" means a reflection of the structure of the 781
discipline being taught.782

       (3) "Digital learning" means learning facilitated by 783
technology that gives students some element of control over time, 784
place, path, or pace of learning.785

       (4) "Focus" means limiting the number of items included in a 786
curriculum to allow for deeper exploration of the subject matter. 787

       (5) "Rigor" means more challenging and demanding when 788
compared to international standards.789

       (6) "Vertical articulation" means key academic concepts and 790
skills associated with mastery in particular content areas should 791
be articulated and reinforced in a developmentally appropriate 792
manner at each grade level so that over time students acquire a 793
depth of knowledge and understanding in the core academic 794
disciplines.795

       Sec. 3301.0711.  (A) The department of education shall:796

       (1) Annually furnish to, grade, and score all assessments 797
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 798
the Revised Code to be administered by city, local, exempted 799
village, and joint vocational school districts, except that each 800
district shall score any assessment administered pursuant to 801
division (B)(10) of this section. Each assessment so furnished 802
shall include the data verification code of the student to whom 803
the assessment will be administered, as assigned pursuant to 804
division (D)(2) of section 3301.0714 of the Revised Code. In 805
furnishing the practice versions of Ohio graduation tests 806
prescribed by division (D) of section 3301.0710 of the Revised 807
Code, the department shall make the tests available on its web 808
site for reproduction by districts. In awarding contracts for 809
grading assessments, the department shall give preference to 810
Ohio-based entities employing Ohio residents.811

       (2) Adopt rules for the ethical use of assessments and 812
prescribing the manner in which the assessments prescribed by 813
section 3301.0710 of the Revised Code shall be administered to 814
students.815

       (B) Except as provided in divisions (C) and (J) of this 816
section, the board of education of each city, local, and exempted 817
village school district shall, in accordance with rules adopted 818
under division (A) of this section:819

       (1) Administer the English language arts assessments 820
prescribed under division (A)(1)(a) of section 3301.0710 of the 821
Revised Code twice annually to all students in the third grade who 822
have not attained the score designated for that assessment under 823
division (A)(2)(c) of section 3301.0710 of the Revised Code.824

       (2) Administer the mathematics assessment prescribed under 825
division (A)(1)(a) of section 3301.0710 of the Revised Code at 826
least once annually to all students in the third grade.827

       (3) Administer the assessments prescribed under division 828
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 829
annually to all students in the fourth grade.830

       (4) Administer the assessments prescribed under division 831
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 832
annually to all students in the fifth grade.833

       (5) Administer the assessments prescribed under division 834
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 835
annually to all students in the sixth grade.836

       (6) Administer the assessments prescribed under division 837
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 838
annually to all students in the seventh grade.839

       (7) Administer the assessments prescribed under division 840
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 841
annually to all students in the eighth grade.842

       (8) Except as provided in division (B)(9) of this section, 843
administer any assessment prescribed under division (B)(1) of 844
section 3301.0710 of the Revised Code as follows:845

       (a) At least once annually to all tenth grade students and at 846
least twice annually to all students in eleventh or twelfth grade 847
who have not yet attained the score on that assessment designated 848
under that division;849

       (b) To any person who has successfully completed the 850
curriculum in any high school or the individualized education 851
program developed for the person by any high school pursuant to 852
section 3323.08 of the Revised Code but has not received a high 853
school diploma and who requests to take such assessment, at any 854
time such assessment is administered in the district.855

       (9) In lieu of the board of education of any city, local, or 856
exempted village school district in which the student is also 857
enrolled, the board of a joint vocational school district shall 858
administer any assessment prescribed under division (B)(1) of 859
section 3301.0710 of the Revised Code at least twice annually to 860
any student enrolled in the joint vocational school district who 861
has not yet attained the score on that assessment designated under 862
that division. A board of a joint vocational school district may 863
also administer such an assessment to any student described in 864
division (B)(8)(b) of this section.865

       (10) If the district has a three-year average graduation rate 866
of not more than seventy-five per cent, administer each assessment 867
prescribed by division (D) of section 3301.0710 of the Revised 868
Code in September to all ninth grade students, beginning in the 869
school year that starts July 1, 2005.870

       Except as provided in section 3313.614 of the Revised Code 871
for administration of an assessment to a person who has fulfilled 872
the curriculum requirement for a high school diploma but has not 873
passed one or more of the required assessments, the assessments 874
prescribed under division (B)(1) of section 3301.0710 of the 875
Revised Code and the practice assessments prescribed under 876
division (D) of that section and required to be administered under 877
divisions (B)(8), (9), and (10) of this section shall not be 878
administered after the assessment system prescribed by division 879
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised 880
Code is implemented under rule of the state board adopted under 881
division (D)(1) of section 3301.0712 of the Revised Code. 882

       (11) Administer the assessments prescribed by division (B)(2) 883
of section 3301.0710 and section 3301.0712 of the Revised Code in 884
accordance with the timeline and plan for implementation of those 885
assessments prescribed by rule of the state board adopted under 886
division (D)(1) of section 3301.0712 of the Revised Code.887

       (C)(1)(a) In the case of a student receiving special 888
education services under Chapter 3323. of the Revised Code, the 889
individualized education program developed for the student under 890
that chapter shall specify the manner in which the student will 891
participate in the assessments administered under this section. 892
The individualized education program may excuse the student from 893
taking any particular assessment required to be administered under 894
this section if it instead specifies an alternate assessment 895
method approved by the department of education as conforming to 896
requirements of federal law for receipt of federal funds for 897
disadvantaged pupils. To the extent possible, the individualized 898
education program shall not excuse the student from taking an 899
assessment unless no reasonable accommodation can be made to 900
enable the student to take the assessment.901

       (b) Any alternate assessment approved by the department for a 902
student under this division shall produce measurable results 903
comparable to those produced by the assessment it replaces in 904
order to allow for the student's results to be included in the 905
data compiled for a school district or building under section 906
3302.03 of the Revised Code.907

       (c) Any student enrolled in a chartered nonpublic school who 908
has been identified, based on an evaluation conducted in 909
accordance with section 3323.03 of the Revised Code or section 504 910
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 911
794, as amended, as a child with a disability shall be excused 912
from taking any particular assessment required to be administered 913
under this section if a plan developed for the student pursuant to 914
rules adopted by the state board excuses the student from taking 915
that assessment. In the case of any student so excused from taking 916
an assessment, the chartered nonpublic school shall not prohibit 917
the student from taking the assessment.918

       (2) A district board may, for medical reasons or other good 919
cause, excuse a student from taking an assessment administered 920
under this section on the date scheduled, but that assessment 921
shall be administered to the excused student not later than nine 922
days following the scheduled date. The district board shall 923
annually report the number of students who have not taken one or 924
more of the assessments required by this section to the state 925
board of education not later than the thirtieth day of June.926

       (3) As used in this division, "limited English proficient 927
student" has the same meaning as in 20 U.S.C. 7801.928

       No school district board shall excuse any limited English 929
proficient student from taking any particular assessment required 930
to be administered under this section, except that any limited 931
English proficient student who has been enrolled in United States 932
schools for less than one full school year shall not be required 933
to take any reading, writing, or English language arts assessment. 934
However, no board shall prohibit a limited English proficient 935
student who is not required to take an assessment under this 936
division from taking the assessment. A board may permit any 937
limited English proficient student to take an assessment required 938
to be administered under this section with appropriate 939
accommodations, as determined by the department. For each limited 940
English proficient student, each school district shall annually 941
assess that student's progress in learning English, in accordance 942
with procedures approved by the department.943

       The governing authority of a chartered nonpublic school may 944
excuse a limited English proficient student from taking any 945
assessment administered under this section. However, no governing 946
authority shall prohibit a limited English proficient student from 947
taking the assessment.948

       (D)(1) In the school year next succeeding the school year in 949
which the assessments prescribed by division (A)(1) or (B)(1) of 950
section 3301.0710 of the Revised Code or former division (A)(1), 951
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 952
existed prior to September 11, 2001, are administered to any 953
student, the board of education of any school district in which 954
the student is enrolled in that year shall provide to the student 955
intervention services commensurate with the student's performance, 956
including any intensive intervention required under section 957
3313.608 of the Revised Code, in any skill in which the student 958
failed to demonstrate at least a score at the proficient level on 959
the assessment.960

       (2) Following any administration of the assessments 961
prescribed by division (D) of section 3301.0710 of the Revised 962
Code to ninth grade students, each school district that has a 963
three-year average graduation rate of not more than seventy-five 964
per cent shall determine for each high school in the district 965
whether the school shall be required to provide intervention 966
services to any students who took the assessments. In determining 967
which high schools shall provide intervention services based on 968
the resources available, the district shall consider each school's 969
graduation rate and scores on the practice assessments. The 970
district also shall consider the scores received by ninth grade 971
students on the English language arts and mathematics assessments 972
prescribed under division (A)(1)(f) of section 3301.0710 of the 973
Revised Code in the eighth grade in determining which high schools 974
shall provide intervention services.975

       Each high school selected to provide intervention services 976
under this division shall provide intervention services to any 977
student whose results indicate that the student is failing to make 978
satisfactory progress toward being able to attain scores at the 979
proficient level on the Ohio graduation tests. Intervention 980
services shall be provided in any skill in which a student 981
demonstrates unsatisfactory progress and shall be commensurate 982
with the student's performance. Schools shall provide the 983
intervention services prior to the end of the school year, during 984
the summer following the ninth grade, in the next succeeding 985
school year, or at any combination of those times.986

       (E) Except as provided in section 3313.608 of the Revised 987
Code and division (M) of this section, no school district board of 988
education shall utilize any student's failure to attain a 989
specified score on an assessment administered under this section 990
as a factor in any decision to deny the student promotion to a 991
higher grade level. However, a district board may choose not to 992
promote to the next grade level any student who does not take an 993
assessment administered under this section or make up an 994
assessment as provided by division (C)(2) of this section and who 995
is not exempt from the requirement to take the assessment under 996
division (C)(3) of this section.997

       (F) No person shall be charged a fee for taking any 998
assessment administered under this section.999

       (G)(1) Each school district board shall designate one 1000
location for the collection of assessments administered in the 1001
spring under division (B)(1) of this section and those 1002
administered under divisions (B)(2) to (7) of this section. Each 1003
district board shall submit the assessments to the entity with 1004
which the department contracts for the scoring of the assessments 1005
as follows:1006

        (a) If the district's total enrollment in grades kindergarten 1007
through twelve during the first full school week of October was 1008
less than two thousand five hundred, not later than the Friday 1009
after all of the assessments have been administered;1010

       (b) If the district's total enrollment in grades kindergarten 1011
through twelve during the first full school week of October was 1012
two thousand five hundred or more, but less than seven thousand, 1013
not later than the Monday after all of the assessments have been 1014
administered;1015

        (c) If the district's total enrollment in grades kindergarten 1016
through twelve during the first full school week of October was 1017
seven thousand or more, not later than the Tuesday after all of 1018
the assessments have been administered.1019

        However, any assessment that a student takes during the 1020
make-up period described in division (C)(2) of this section shall 1021
be submitted not later than the Friday following the day the 1022
student takes the assessment.1023

        (2) The department or an entity with which the department 1024
contracts for the scoring of the assessment shall send to each 1025
school district board a list of the individual scores of all 1026
persons taking an assessment prescribed by division (A)(1) or 1027
(B)(1) of section 3301.0710 of the Revised Code within sixty days 1028
after its administration, but in no case shall the scores be 1029
returned later than the fifteenth day of June following the 1030
administration. For assessments administered under this section by 1031
a joint vocational school district, the department or entity shall 1032
also send to each city, local, or exempted village school district 1033
a list of the individual scores of any students of such city, 1034
local, or exempted village school district who are attending 1035
school in the joint vocational school district.1036

       (H) Individual scores on any assessments administered under 1037
this section shall be released by a district board only in 1038
accordance with section 3319.321 of the Revised Code and the rules 1039
adopted under division (A) of this section. No district board or 1040
its employees shall utilize individual or aggregate results in any 1041
manner that conflicts with rules for the ethical use of 1042
assessments adopted pursuant to division (A) of this section.1043

       (I) Except as provided in division (G) of this section, the 1044
department or an entity with which the department contracts for 1045
the scoring of the assessment shall not release any individual 1046
scores on any assessment administered under this section. The 1047
state board of education shall adopt rules to ensure the 1048
protection of student confidentiality at all times. The rules may 1049
require the use of the data verification codes assigned to 1050
students pursuant to division (D)(2) of section 3301.0714 of the 1051
Revised Code to protect the confidentiality of student scores.1052

       (J) Notwithstanding division (D) of section 3311.52 of the 1053
Revised Code, this section does not apply to the board of 1054
education of any cooperative education school district except as 1055
provided under rules adopted pursuant to this division.1056

       (1) In accordance with rules that the state board of 1057
education shall adopt, the board of education of any city, 1058
exempted village, or local school district with territory in a 1059
cooperative education school district established pursuant to 1060
divisions (A) to (C) of section 3311.52 of the Revised Code may 1061
enter into an agreement with the board of education of the 1062
cooperative education school district for administering any 1063
assessment prescribed under this section to students of the city, 1064
exempted village, or local school district who are attending 1065
school in the cooperative education school district.1066

       (2) In accordance with rules that the state board of 1067
education shall adopt, the board of education of any city, 1068
exempted village, or local school district with territory in a 1069
cooperative education school district established pursuant to 1070
section 3311.521 of the Revised Code shall enter into an agreement 1071
with the cooperative district that provides for the administration 1072
of any assessment prescribed under this section to both of the 1073
following:1074

       (a) Students who are attending school in the cooperative 1075
district and who, if the cooperative district were not 1076
established, would be entitled to attend school in the city, 1077
local, or exempted village school district pursuant to section 1078
3313.64 or 3313.65 of the Revised Code;1079

       (b) Persons described in division (B)(8)(b) of this section.1080

       Any assessment of students pursuant to such an agreement 1081
shall be in lieu of any assessment of such students or persons 1082
pursuant to this section.1083

       (K)(1)(a) Except as otherwise provided in division (K)(1)(a) 1084
or (K)(1)(c) of this section, each chartered nonpublic school for 1085
which at least sixty-five per cent of its total enrollment is made 1086
up of students who are participating in state scholarship programs 1087
shall administer the elementary assessments prescribed by section 1088
3301.0710 of the Revised Code. In accordance with procedures and 1089
deadlines prescribed by the department, the parent or guardian of 1090
a student enrolled in the school who is not participating in a 1091
state scholarship program may submit notice to the chief 1092
administrative officer of the school that the parent or guardian 1093
does not wish to have the student take the elementary assessments 1094
prescribed for the student's grade level under division (A) of 1095
section 3301.0710 of the Revised Code. If a parent or guardian 1096
submits an opt-out notice, the school shall not administer the 1097
assessments to that student. This option does not apply to any 1098
assessment required for a high school diploma under section 1099
3313.612 of the Revised Code.1100

       (b) If a chartered nonpublic school is not subject to 1101
division (K)(1)(a) of this section and is educating students in 1102
grades nine through twelve, it shall administer the assessments 1103
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the 1104
Revised Code as a condition of compliance with section 3313.612 of 1105
the Revised Code. Any1106

       (c) If a chartered nonpublic school meets the following 1107
conditions, it shall not be required to administer the elementary 1108
assessments prescribed by division (A) of section 3301.0710 of the 1109
Revised Code:1110

       (i) At least ninety-five per cent of the students enrolled in 1111
the school are children with disabilities, as defined under 1112
section 3323.01 of the Revised Code, or have received a diagnosis 1113
by a school district or from a physician, including a 1114
neuropsychiatrist or psychiatrist, or a psychologist who is 1115
authorized to practice in this or another state as having a 1116
condition that impairs academic performance, such as dyslexia, 1117
dyscalculia, attention deficit hyperactivity disorder, or 1118
Asperger's syndrome.1119

       (ii) The school has solely served a student population 1120
described in division (K)(1)(c)(i) of this section for at least 1121
ten years.1122

       (iii) The school is accredited through the independent school 1123
association of the central states and has been issued a charter by 1124
the state board.1125

       (iv) The school promises to provide and provides to the 1126
department at least five years of records of internal testing 1127
conducted by the school that affords the department data required 1128
for accountability purposes, including diagnostic assessments and 1129
nationally standardized norm-referenced achievement assessments 1130
that measure reading and math skills.1131

       (d) Any chartered nonpublic school that is not subject to 1132
division (K)(1)(a) of this section may participate in the 1133
assessment program by administering any of the assessments 1134
prescribed by division (A) of section 3301.0710 of the Revised 1135
Code. The chief administrator of the school shall specify which 1136
assessments the school will administer. Such specification shall 1137
be made in writing to the superintendent of public instruction 1138
prior to the first day of August of any school year in which 1139
assessments are administered and shall include a pledge that the 1140
nonpublic school will administer the specified assessments in the 1141
same manner as public schools are required to do under this 1142
section and rules adopted by the department.1143

       (2) The department of education shall furnish the assessments 1144
prescribed by section 3301.0710 or 3301.0712 of the Revised Code 1145
to each chartered nonpublic school that is subject to division 1146
(K)(1)(a) of this section or participates under division (K)(1)(b) 1147
of this section.1148

       (L)(1) The superintendent of the state school for the blind 1149
and the superintendent of the state school for the deaf shall 1150
administer the assessments described by sections 3301.0710 and 1151
3301.0712 of the Revised Code. Each superintendent shall 1152
administer the assessments in the same manner as district boards 1153
are required to do under this section and rules adopted by the 1154
department of education and in conformity with division (C)(1)(a) 1155
of this section.1156

       (2) The department of education shall furnish the assessments 1157
described by sections 3301.0710 and 3301.0712 of the Revised Code 1158
to each superintendent.1159

       (M) Notwithstanding division (E) of this section, a school 1160
district may use a student's failure to attain a score in at least 1161
the proficient range on the mathematics assessment described by 1162
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 1163
an assessment described by division (A)(1)(b), (c), (d), (e), or 1164
(f) of section 3301.0710 of the Revised Code as a factor in 1165
retaining that student in the current grade level.1166

       (N)(1) In the manner specified in divisions (N)(3) and, (4), 1167
and (6) of this section, the assessments required by division 1168
(A)(1) of section 3301.0710 of the Revised Code shall become 1169
public records pursuant to section 149.43 of the Revised Code on 1170
the firstthirty-first day of July following the school year that 1171
the assessments were administered.1172

       (2) The department may field test proposed questions with 1173
samples of students to determine the validity, reliability, or 1174
appropriateness of questions for possible inclusion in a future 1175
year's assessment. The department also may use anchor questions on 1176
assessments to ensure that different versions of the same 1177
assessment are of comparable difficulty.1178

       Field test questions and anchor questions shall not be 1179
considered in computing scores for individual students. Field test 1180
questions and anchor questions may be included as part of the 1181
administration of any assessment required by division (A)(1) or 1182
(B)(1) of section 3301.0710 of the Revised Code.1183

       (3) Any field test question or anchor question administered 1184
under division (N)(2) of this section shall not be a public 1185
record. Such field test questions and anchor questions shall be 1186
redacted from any assessments which are released as a public 1187
record pursuant to division (N)(1) of this section.1188

       (4) This division applies to the assessments prescribed by 1189
division (A) of section 3301.0710 of the Revised Code.1190

       (a) The first administration of each assessment, as specified 1191
in former section 3301.0712 of the Revised Code, shall be a public 1192
record.1193

       (b) For subsequent administrations of each assessment prior 1194
to the 2011-2012 school year, not less than forty per cent of the 1195
questions on the assessment that are used to compute a student's 1196
score shall be a public record. The department shall determine 1197
which questions will be needed for reuse on a future assessment 1198
and those questions shall not be public records and shall be 1199
redacted from the assessment prior to its release as a public 1200
record. However, for each redacted question, the department shall 1201
inform each city, local, and exempted village school district of 1202
the statewide academic standard adopted by the state board of 1203
education under section 3301.079 of the Revised Code and the 1204
corresponding benchmark to which the question relates. The 1205
preceding sentence does not apply to field test questions that are 1206
redacted under division (N)(3) of this section.1207

       (c) The administrations of each assessment in the 2011-2012, 1208
2012-2013, and 2013-2014 school year and lateryears shall not be 1209
a public record.1210

       (5) Each assessment prescribed by division (B)(1) of section 1211
3301.0710 of the Revised Code shall not be a public record.1212

        (a) Forty per cent of the questions and preferred answers on 1213
the assessments on the thirty-first day of July following the 1214
administration of the assessment;1215

        (b) Twenty per cent of the questions and preferred answers on 1216
the assessment on the thirty-first day of July one year after the 1217
administration of the assessment; 1218

       (c) The remaining forty per cent of the questions and 1219
preferred answers on the assessment on the thirty-first day of 1220
July two years after the administration of the assessment. 1221

       The entire content of an assessment shall become a public 1222
record within three years of its administration.1223

       The department shall make the questions that become a public 1224
record under this division readily accessible to the public on the 1225
department's web site. Questions on the spring administration of 1226
each assessment shall be released on an annual basis, in 1227
accordance with this division.1228

       (O) As used in this section:1229

        (1) "Three-year average" means the average of the most recent 1230
consecutive three school years of data.1231

        (2) "Dropout" means a student who withdraws from school 1232
before completing course requirements for graduation and who is 1233
not enrolled in an education program approved by the state board 1234
of education or an education program outside the state. "Dropout" 1235
does not include a student who has departed the country.1236

        (3) "Graduation rate" means the ratio of students receiving a 1237
diploma to the number of students who entered ninth grade four 1238
years earlier. Students who transfer into the district are added 1239
to the calculation. Students who transfer out of the district for 1240
reasons other than dropout are subtracted from the calculation. If 1241
a student who was a dropout in any previous year returns to the 1242
same school district, that student shall be entered into the 1243
calculation as if the student had entered ninth grade four years 1244
before the graduation year of the graduating class that the 1245
student joins.1246

       (4) "State scholarship programs" means the educational choice 1247
scholarship pilot program established under sections 3310.01 to 1248
3310.17 of the Revised Code, the autism scholarship program 1249
established under section 3310.41 of the Revised Code, the Jon 1250
Peterson special needs scholarship program established under 1251
sections 3310.51 to 3310.64 of the Revised Code, and the pilot 1252
project scholarship program established under sections 3313.974 to 1253
3313.979 of the Revised Code.1254

       Sec. 3301.0712.  (A) The state board of education, the 1255
superintendent of public instruction, and the chancellor of the 1256
Ohio board of regents shall develop a system of college and work 1257
ready assessments as described in divisions (B)(1) and (2) of this 1258
section to assess whether each student upon graduating from high 1259
school is ready to enter college or the workforce. The system 1260
shall replace the Ohio graduation tests prescribed in division 1261
(B)(1) of section 3301.0710 of the Revised Code as a measure of 1262
student academic performance and a prerequisite for eligibility 1263
for a high school diploma in the manner prescribed by rule of the 1264
state board adopted under division (D) of this section.1265

       (B) The college and work ready assessment system shall 1266
consist of the following:1267

       (1) A nationally standardized assessment that measures 1268
college and career readiness selected jointly by the state 1269
superintendent and the chancellor. 1270

       (2) A series of end-of-course examinations in the areas of 1271
science, mathematics, English language arts, American history, and 1272
American government selected jointly by the state superintendent 1273
and the chancellor in consultation with faculty in the appropriate 1274
subject areas at institutions of higher education of the 1275
university system of Ohio. For each subject area, the state 1276
superintendent and chancellor shall select multiple assessments 1277
that school districts, public schools, and chartered nonpublic 1278
schools may use as end-of-course examinations. Subject to division 1279
(B)(3)(b) of this section, those assessments shall include 1280
nationally recognized subject area assessments, such as advanced 1281
placement examinations, SAT subject tests, international 1282
baccalaureate examinations, and other assessments of college and 1283
work readiness. 1284

       (3)(a) Not later than July 1, 2013, each school district 1285
board of education shall adopt interim end-of-course examinations 1286
that comply with the requirements of divisions (B)(3)(b)(i) and 1287
(ii) of this section to assess mastery of American history and 1288
American government standards adopted under division (A)(1)(b) of 1289
section 3301.079 of the Revised Code and the topics required under 1290
division (M) of section 3313.603 of the Revised Code. Each high 1291
school of the district shall use the interim examinations until 1292
the state superintendent and chancellor select end-of-course 1293
examinations in American history and American government under 1294
division (B)(2) of this section.1295

       (b) Not later than July 1, 2014, the state superintendent and 1296
the chancellor shall select the end-of-course examinations in 1297
American history and American government. 1298

       (i) The end-of-course examinations in American history and 1299
American government shall require demonstration of mastery of the 1300
American history and American government content for social 1301
studies standards adopted under division (A)(1)(b) of section 1302
3301.079 of the Revised Code and the topics required under 1303
division (M) of section 3313.603 of the Revised Code.1304

       (ii) At least twenty per cent of the end-of-course 1305
examination in American government shall address the topics on 1306
American history and American government described in division (M) 1307
of section 3313.603 of the Revised Code.1308

       (C) The state board shall convene a group of national 1309
experts, state experts, and local practitioners to provide advice, 1310
guidance, and recommendations for the alignment of standards and 1311
model curricula to the assessments and in the design of the 1312
end-of-course examinations prescribed by this section.1313

       (D) Upon completion of the development of the assessment 1314
system, the state board shall adopt rules prescribing all of the 1315
following:1316

       (1) A timeline and plan for implementation of the assessment 1317
system, including a phased implementation if the state board 1318
determines such a phase-in is warranted;1319

       (2) The date after which a person entering ninth grade shall 1320
meet the requirements of the entire assessment system as a 1321
prerequisite for a high school diploma under section 3313.61, 1322
3313.612, or 3325.08 of the Revised Code;1323

       (3) The date after which a person shall meet the requirements 1324
of the entire assessment system as a prerequisite for a diploma of 1325
adult education under section 3313.611 of the Revised Code;1326

       (4) Whether and the extent to which a person may be excused 1327
from an American history end-of-course examination and an American 1328
government end-of-course examination under division (H) of section 1329
3313.61 and division (B)(3) of section 3313.612 of the Revised 1330
Code;1331

       (5) The date after which a person who has fulfilled the 1332
curriculum requirement for a diploma but has not passed one or 1333
more of the required assessments at the time the person fulfilled 1334
the curriculum requirement shall meet the requirements of the 1335
entire assessment system as a prerequisite for a high school 1336
diploma under division (B) of section 3313.614 of the Revised 1337
Code;1338

       (6) The extent to which the assessment system applies to 1339
students enrolled in a dropout recovery and prevention program for 1340
purposes of division (F) of section 3313.603 and section 3314.36 1341
of the Revised Code.1342

       No rule adopted under this division shall be effective 1343
earlier than one year after the date the rule is filed in final 1344
form pursuant to Chapter 119. of the Revised Code. 1345

       (E) Not later than forty-five days prior to the state board's 1346
adoption of a resolution directing the department of education to 1347
file the rules prescribed by division (D) of this section in final 1348
form under section 119.04 of the Revised Code, the superintendent 1349
of public instruction shall present the assessment system 1350
developed under this section to the respective committees of the 1351
house of representatives and senate that consider education 1352
legislation.1353

       (F)(1) Any person enrolled in a nonchartered nonpublic school 1354
or any person who has been excused from attendance at school for 1355
the purpose of home instruction under section 3321.04 of the 1356
Revised Code may choose to participate in the system of 1357
assessments administered under divisions (B)(1) and (2) of this 1358
section. However, no such person shall be required to participate 1359
in the system of assessments.1360

       (2) The department shall adopt rules for the administration 1361
and scoring of any assessments under division (F)(1) of this 1362
section.1363

       Sec. 3301.0714.  (A) The state board of education shall adopt 1364
rules for a statewide education management information system. The 1365
rules shall require the state board to establish guidelines for 1366
the establishment and maintenance of the system in accordance with 1367
this section and the rules adopted under this section. The 1368
guidelines shall include:1369

       (1) Standards identifying and defining the types of data in 1370
the system in accordance with divisions (B) and (C) of this 1371
section;1372

       (2) Procedures for annually collecting and reporting the data 1373
to the state board in accordance with division (D) of this 1374
section;1375

       (3) Procedures for annually compiling the data in accordance 1376
with division (G) of this section;1377

       (4) Procedures for annually reporting the data to the public 1378
in accordance with division (H) of this section;1379

       (5) Standards to provide strict safeguards to protect the 1380
confidentiality of personally identifiable student data.1381

       (B) The guidelines adopted under this section shall require 1382
the data maintained in the education management information system 1383
to include at least the following:1384

       (1) Student participation and performance data, for each 1385
grade in each school district as a whole and for each grade in 1386
each school building in each school district, that includes:1387

       (a) The numbers of students receiving each category of 1388
instructional service offered by the school district, such as 1389
regular education instruction, vocational education instruction, 1390
specialized instruction programs or enrichment instruction that is 1391
part of the educational curriculum, instruction for gifted 1392
students, instruction for students with disabilities, and remedial 1393
instruction. The guidelines shall require instructional services 1394
under this division to be divided into discrete categories if an 1395
instructional service is limited to a specific subject, a specific 1396
type of student, or both, such as regular instructional services 1397
in mathematics, remedial reading instructional services, 1398
instructional services specifically for students gifted in 1399
mathematics or some other subject area, or instructional services 1400
for students with a specific type of disability. The categories of 1401
instructional services required by the guidelines under this 1402
division shall be the same as the categories of instructional 1403
services used in determining cost units pursuant to division 1404
(C)(3) of this section.1405

       (b) The numbers of students receiving support or 1406
extracurricular services for each of the support services or 1407
extracurricular programs offered by the school district, such as 1408
counseling services, health services, and extracurricular sports 1409
and fine arts programs. The categories of services required by the 1410
guidelines under this division shall be the same as the categories 1411
of services used in determining cost units pursuant to division 1412
(C)(4)(a) of this section.1413

       (c) Average student grades in each subject in grades nine 1414
through twelve;1415

       (d) Academic achievement levels as assessed under sections 1416
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;1417

       (e) The number of students designated as having a disabling 1418
condition pursuant to division (C)(1) of section 3301.0711 of the 1419
Revised Code;1420

       (f) The numbers of students reported to the state board 1421
pursuant to division (C)(2) of section 3301.0711 of the Revised 1422
Code;1423

       (g) Attendance rates and the average daily attendance for the 1424
year. For purposes of this division, a student shall be counted as 1425
present for any field trip that is approved by the school 1426
administration.1427

       (h) Expulsion rates;1428

       (i) Suspension rates;1429

       (j) Dropout rates;1430

       (k) Rates of retention in grade;1431

       (l) For pupils in grades nine through twelve, the average 1432
number of carnegie units, as calculated in accordance with state 1433
board of education rules;1434

       (m) Graduation rates, to be calculated in a manner specified 1435
by the department of education that reflects the rate at which 1436
students who were in the ninth grade three years prior to the 1437
current year complete school and that is consistent with 1438
nationally accepted reporting requirements;1439

       (n) Results of diagnostic assessments administered to 1440
kindergarten students as required under section 3301.0715 of the 1441
Revised Code to permit a comparison of the academic readiness of 1442
kindergarten students. However, no district shall be required to 1443
report to the department the results of any diagnostic assessment 1444
administered to a kindergarten student, except for the language 1445
and reading assessment described in division (A)(2) of section 1446
3301.0715 of the Revised Code, if the parent of that student 1447
requests the district not to report those results.1448

       (2) Personnel and classroom enrollment data for each school 1449
district, including:1450

       (a) The total numbers of licensed employees and nonlicensed 1451
employees and the numbers of full-time equivalent licensed 1452
employees and nonlicensed employees providing each category of 1453
instructional service, instructional support service, and 1454
administrative support service used pursuant to division (C)(3) of 1455
this section. The guidelines adopted under this section shall 1456
require these categories of data to be maintained for the school 1457
district as a whole and, wherever applicable, for each grade in 1458
the school district as a whole, for each school building as a 1459
whole, and for each grade in each school building.1460

       (b) The total number of employees and the number of full-time 1461
equivalent employees providing each category of service used 1462
pursuant to divisions (C)(4)(a) and (b) of this section, and the 1463
total numbers of licensed employees and nonlicensed employees and 1464
the numbers of full-time equivalent licensed employees and 1465
nonlicensed employees providing each category used pursuant to 1466
division (C)(4)(c) of this section. The guidelines adopted under 1467
this section shall require these categories of data to be 1468
maintained for the school district as a whole and, wherever 1469
applicable, for each grade in the school district as a whole, for 1470
each school building as a whole, and for each grade in each school 1471
building.1472

       (c) The total number of regular classroom teachers teaching 1473
classes of regular education and the average number of pupils 1474
enrolled in each such class, in each of grades kindergarten 1475
through five in the district as a whole and in each school 1476
building in the school district.1477

       (d) The number of lead teachers employed by each school 1478
district and each school building.1479

       (3)(a) Student demographic data for each school district, 1480
including information regarding the gender ratio of the school 1481
district's pupils, the racial make-up of the school district's 1482
pupils, the number of limited English proficient students in the 1483
district, and an appropriate measure of the number of the school 1484
district's pupils who reside in economically disadvantaged 1485
households. The demographic data shall be collected in a manner to 1486
allow correlation with data collected under division (B)(1) of 1487
this section. Categories for data collected pursuant to division 1488
(B)(3) of this section shall conform, where appropriate, to 1489
standard practices of agencies of the federal government.1490

       (b) With respect to each student entering kindergarten, 1491
whether the student previously participated in a public preschool 1492
program, a private preschool program, or a head start program, and 1493
the number of years the student participated in each of these 1494
programs.1495

       (4) Any data required to be collected pursuant to federal 1496
law.1497

       (C) The education management information system shall include 1498
cost accounting data for each district as a whole and for each 1499
school building in each school district. The guidelines adopted 1500
under this section shall require the cost data for each school 1501
district to be maintained in a system of mutually exclusive cost 1502
units and shall require all of the costs of each school district 1503
to be divided among the cost units. The guidelines shall require 1504
the system of mutually exclusive cost units to include at least 1505
the following:1506

       (1) Administrative costs for the school district as a whole. 1507
The guidelines shall require the cost units under this division 1508
(C)(1) to be designed so that each of them may be compiled and 1509
reported in terms of average expenditure per pupil in formula ADM 1510
in the school district, as determined pursuant to section 3317.03 1511
of the Revised Code.1512

       (2) Administrative costs for each school building in the 1513
school district. The guidelines shall require the cost units under 1514
this division (C)(2) to be designed so that each of them may be 1515
compiled and reported in terms of average expenditure per 1516
full-time equivalent pupil receiving instructional or support 1517
services in each building.1518

       (3) Instructional services costs for each category of 1519
instructional service provided directly to students and required 1520
by guidelines adopted pursuant to division (B)(1)(a) of this 1521
section. The guidelines shall require the cost units under 1522
division (C)(3) of this section to be designed so that each of 1523
them may be compiled and reported in terms of average expenditure 1524
per pupil receiving the service in the school district as a whole 1525
and average expenditure per pupil receiving the service in each 1526
building in the school district and in terms of a total cost for 1527
each category of service and, as a breakdown of the total cost, a 1528
cost for each of the following components:1529

       (a) The cost of each instructional services category required 1530
by guidelines adopted under division (B)(1)(a) of this section 1531
that is provided directly to students by a classroom teacher;1532

       (b) The cost of the instructional support services, such as 1533
services provided by a speech-language pathologist, classroom 1534
aide, multimedia aide, or librarian, provided directly to students 1535
in conjunction with each instructional services category;1536

       (c) The cost of the administrative support services related 1537
to each instructional services category, such as the cost of 1538
personnel that develop the curriculum for the instructional 1539
services category and the cost of personnel supervising or 1540
coordinating the delivery of the instructional services category.1541

       (4) Support or extracurricular services costs for each 1542
category of service directly provided to students and required by 1543
guidelines adopted pursuant to division (B)(1)(b) of this section. 1544
The guidelines shall require the cost units under division (C)(4) 1545
of this section to be designed so that each of them may be 1546
compiled and reported in terms of average expenditure per pupil 1547
receiving the service in the school district as a whole and 1548
average expenditure per pupil receiving the service in each 1549
building in the school district and in terms of a total cost for 1550
each category of service and, as a breakdown of the total cost, a 1551
cost for each of the following components:1552

       (a) The cost of each support or extracurricular services 1553
category required by guidelines adopted under division (B)(1)(b) 1554
of this section that is provided directly to students by a 1555
licensed employee, such as services provided by a guidance 1556
counselor or any services provided by a licensed employee under a 1557
supplemental contract;1558

       (b) The cost of each such services category provided directly 1559
to students by a nonlicensed employee, such as janitorial 1560
services, cafeteria services, or services of a sports trainer;1561

       (c) The cost of the administrative services related to each 1562
services category in division (C)(4)(a) or (b) of this section, 1563
such as the cost of any licensed or nonlicensed employees that 1564
develop, supervise, coordinate, or otherwise are involved in 1565
administering or aiding the delivery of each services category.1566

       (D)(1) The guidelines adopted under this section shall 1567
require school districts to collect information about individual 1568
students, staff members, or both in connection with any data 1569
required by division (B) or (C) of this section or other reporting 1570
requirements established in the Revised Code. The guidelines may 1571
also require school districts to report information about 1572
individual staff members in connection with any data required by 1573
division (B) or (C) of this section or other reporting 1574
requirements established in the Revised Code. The guidelines shall 1575
not authorize school districts to request social security numbers 1576
of individual students. The guidelines shall prohibit the 1577
reporting under this section of a student's name, address, and 1578
social security number to the state board of education or the 1579
department of education. The guidelines shall also prohibit the 1580
reporting under this section of any personally identifiable 1581
information about any student, except for the purpose of assigning 1582
the data verification code required by division (D)(2) of this 1583
section, to any other person unless such person is employed by the 1584
school district or the information technology center operated 1585
under section 3301.075 of the Revised Code and is authorized by 1586
the district or technology center to have access to such 1587
information or is employed by an entity with which the department 1588
contracts for the scoring or the development of state assessments. 1589
The guidelines may require school districts to provide the social 1590
security numbers of individual staff members and the county of 1591
residence for a student. Nothing in this section prohibits the 1592
state board of education or department of education from providing 1593
a student's county of residence to the department of taxation to 1594
facilitate the distribution of tax revenue.1595

       (2)(a) The guidelines shall provide for each school district 1596
or community school to assign a data verification code that is 1597
unique on a statewide basis over time to each student whose 1598
initial Ohio enrollment is in that district or school and to 1599
report all required individual student data for that student 1600
utilizing such code. The guidelines shall also provide for 1601
assigning data verification codes to all students enrolled in 1602
districts or community schools on the effective date of the 1603
guidelines established under this section. The assignment of data 1604
verification codes for other entities, as described in division 1605
(D)(2)(c) of this section, the use of those codes, and the 1606
reporting and use of associated individual student data shall be 1607
coordinated by the department in accordance with state and federal 1608
law.1609

        School districts shall report individual student data to the 1610
department through the information technology centers utilizing 1611
the code. The entities described in division (D)(2)(c) of this 1612
section shall report individual student data to the department in 1613
the manner prescribed by the department.1614

        Except as provided in sections 3301.941, 3310.11, 3310.42, 1615
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 1616
shall the state board or the department have access to information 1617
that would enable any data verification code to be matched to 1618
personally identifiable student data.1619

       (b) Each school district and community school shall ensure 1620
that the data verification code is included in the student's 1621
records reported to any subsequent school district, community 1622
school, or state institution of higher education, as defined in 1623
section 3345.011 of the Revised Code, in which the student 1624
enrolls. Any such subsequent district or school shall utilize the 1625
same identifier in its reporting of data under this section.1626

       (c) The director of any state agency that administers a 1627
publicly funded program providing services to children who are 1628
younger than compulsory school age, as defined in section 3321.01 1629
of the Revised Code, including the directors of health, job and 1630
family services, mental health and addiction services, and 1631
developmental disabilities, shall request and receive, pursuant to 1632
sections 3301.0723 and 3701.62 of the Revised Code, a data 1633
verification code for a child who is receiving those services. 1634

       (E) The guidelines adopted under this section may require 1635
school districts to collect and report data, information, or 1636
reports other than that described in divisions (A), (B), and (C) 1637
of this section for the purpose of complying with other reporting 1638
requirements established in the Revised Code. The other data, 1639
information, or reports may be maintained in the education 1640
management information system but are not required to be compiled 1641
as part of the profile formats required under division (G) of this 1642
section or the annual statewide report required under division (H) 1643
of this section.1644

       (F) Beginning with the school year that begins July 1, 1991, 1645
the board of education of each school district shall annually 1646
collect and report to the state board, in accordance with the 1647
guidelines established by the board, the data required pursuant to 1648
this section. A school district may collect and report these data 1649
notwithstanding section 2151.357 or 3319.321 of the Revised Code.1650

       (G) The state board shall, in accordance with the procedures 1651
it adopts, annually compile the data reported by each school 1652
district pursuant to division (D) of this section. The state board 1653
shall design formats for profiling each school district as a whole 1654
and each school building within each district and shall compile 1655
the data in accordance with these formats. These profile formats 1656
shall:1657

       (1) Include all of the data gathered under this section in a 1658
manner that facilitates comparison among school districts and 1659
among school buildings within each school district;1660

       (2) Present the data on academic achievement levels as 1661
assessed by the testing of student achievement maintained pursuant 1662
to division (B)(1)(d) of this section.1663

       (H)(1) The state board shall, in accordance with the 1664
procedures it adopts, annually prepare a statewide report for all 1665
school districts and the general public that includes the profile 1666
of each of the school districts developed pursuant to division (G) 1667
of this section. Copies of the report shall be sent to each school 1668
district.1669

       (2) The state board shall, in accordance with the procedures 1670
it adopts, annually prepare an individual report for each school 1671
district and the general public that includes the profiles of each 1672
of the school buildings in that school district developed pursuant 1673
to division (G) of this section. Copies of the report shall be 1674
sent to the superintendent of the district and to each member of 1675
the district board of education.1676

       (3) Copies of the reports received from the state board under 1677
divisions (H)(1) and (2) of this section shall be made available 1678
to the general public at each school district's offices. Each 1679
district board of education shall make copies of each report 1680
available to any person upon request and payment of a reasonable 1681
fee for the cost of reproducing the report. The board shall 1682
annually publish in a newspaper of general circulation in the 1683
school district, at least twice during the two weeks prior to the 1684
week in which the reports will first be available, a notice 1685
containing the address where the reports are available and the 1686
date on which the reports will be available.1687

       (I) Any data that is collected or maintained pursuant to this 1688
section and that identifies an individual pupil is not a public 1689
record for the purposes of section 149.43 of the Revised Code.1690

       (J) As used in this section:1691

       (1) "School district" means any city, local, exempted 1692
village, or joint vocational school district and, in accordance 1693
with section 3314.17 of the Revised Code, any community school. As 1694
used in division (L) of this section, "school district" also 1695
includes any educational service center or other educational 1696
entity required to submit data using the system established under 1697
this section.1698

       (2) "Cost" means any expenditure for operating expenses made 1699
by a school district excluding any expenditures for debt 1700
retirement except for payments made to any commercial lending 1701
institution for any loan approved pursuant to section 3313.483 of 1702
the Revised Code.1703

       (K) Any person who removes data from the information system 1704
established under this section for the purpose of releasing it to 1705
any person not entitled under law to have access to such 1706
information is subject to section 2913.42 of the Revised Code 1707
prohibiting tampering with data.1708

       (L)(1) In accordance with division (L)(2) of this section and 1709
the rules adopted under division (L)(10) of this section, the 1710
department of education may sanction any school district that 1711
reports incomplete or inaccurate data, reports data that does not 1712
conform to data requirements and descriptions published by the 1713
department, fails to report data in a timely manner, or otherwise 1714
does not make a good faith effort to report data as required by 1715
this section.1716

       (2) If the department decides to sanction a school district 1717
under this division, the department shall take the following 1718
sequential actions:1719

       (a) Notify the district in writing that the department has 1720
determined that data has not been reported as required under this 1721
section and require the district to review its data submission and 1722
submit corrected data by a deadline established by the department. 1723
The department also may require the district to develop a 1724
corrective action plan, which shall include provisions for the 1725
district to provide mandatory staff training on data reporting 1726
procedures.1727

       (b) Withhold up to ten per cent of the total amount of state 1728
funds due to the district for the current fiscal year and, if not 1729
previously required under division (L)(2)(a) of this section, 1730
require the district to develop a corrective action plan in 1731
accordance with that division;1732

       (c) Withhold an additional amount of up to twenty per cent of 1733
the total amount of state funds due to the district for the 1734
current fiscal year;1735

       (d) Direct department staff or an outside entity to 1736
investigate the district's data reporting practices and make 1737
recommendations for subsequent actions. The recommendations may 1738
include one or more of the following actions:1739

       (i) Arrange for an audit of the district's data reporting 1740
practices by department staff or an outside entity;1741

       (ii) Conduct a site visit and evaluation of the district;1742

       (iii) Withhold an additional amount of up to thirty per cent 1743
of the total amount of state funds due to the district for the 1744
current fiscal year;1745

       (iv) Continue monitoring the district's data reporting;1746

       (v) Assign department staff to supervise the district's data 1747
management system;1748

       (vi) Conduct an investigation to determine whether to suspend 1749
or revoke the license of any district employee in accordance with 1750
division (N) of this section;1751

       (vii) If the district is issued a report card under section 1752
3302.03 of the Revised Code, indicate on the report card that the 1753
district has been sanctioned for failing to report data as 1754
required by this section;1755

       (viii) If the district is issued a report card under section 1756
3302.03 of the Revised Code and incomplete or inaccurate data 1757
submitted by the district likely caused the district to receive a 1758
higher performance rating than it deserved under that section, 1759
issue a revised report card for the district;1760

       (ix) Any other action designed to correct the district's data 1761
reporting problems.1762

       (3) Any time the department takes an action against a school 1763
district under division (L)(2) of this section, the department 1764
shall make a report of the circumstances that prompted the action. 1765
The department shall send a copy of the report to the district 1766
superintendent or chief administrator and maintain a copy of the 1767
report in its files.1768

       (4) If any action taken under division (L)(2) of this section 1769
resolves a school district's data reporting problems to the 1770
department's satisfaction, the department shall not take any 1771
further actions described by that division. If the department 1772
withheld funds from the district under that division, the 1773
department may release those funds to the district, except that if 1774
the department withheld funding under division (L)(2)(c) of this 1775
section, the department shall not release the funds withheld under 1776
division (L)(2)(b) of this section and, if the department withheld 1777
funding under division (L)(2)(d) of this section, the department 1778
shall not release the funds withheld under division (L)(2)(b) or 1779
(c) of this section.1780

       (5) Notwithstanding anything in this section to the contrary, 1781
the department may use its own staff or an outside entity to 1782
conduct an audit of a school district's data reporting practices 1783
any time the department has reason to believe the district has not 1784
made a good faith effort to report data as required by this 1785
section. If any audit conducted by an outside entity under 1786
division (L)(2)(d)(i) or (5) of this section confirms that a 1787
district has not made a good faith effort to report data as 1788
required by this section, the district shall reimburse the 1789
department for the full cost of the audit. The department may 1790
withhold state funds due to the district for this purpose.1791

       (6) Prior to issuing a revised report card for a school 1792
district under division (L)(2)(d)(viii) of this section, the 1793
department may hold a hearing to provide the district with an 1794
opportunity to demonstrate that it made a good faith effort to 1795
report data as required by this section. The hearing shall be 1796
conducted by a referee appointed by the department. Based on the 1797
information provided in the hearing, the referee shall recommend 1798
whether the department should issue a revised report card for the 1799
district. If the referee affirms the department's contention that 1800
the district did not make a good faith effort to report data as 1801
required by this section, the district shall bear the full cost of 1802
conducting the hearing and of issuing any revised report card.1803

       (7) If the department determines that any inaccurate data 1804
reported under this section caused a school district to receive 1805
excess state funds in any fiscal year, the district shall 1806
reimburse the department an amount equal to the excess funds, in 1807
accordance with a payment schedule determined by the department. 1808
The department may withhold state funds due to the district for 1809
this purpose.1810

       (8) Any school district that has funds withheld under 1811
division (L)(2) of this section may appeal the withholding in 1812
accordance with Chapter 119. of the Revised Code.1813

       (9) In all cases of a disagreement between the department and 1814
a school district regarding the appropriateness of an action taken 1815
under division (L)(2) of this section, the burden of proof shall 1816
be on the district to demonstrate that it made a good faith effort 1817
to report data as required by this section.1818

       (10) The state board of education shall adopt rules under 1819
Chapter 119. of the Revised Code to implement division (L) of this 1820
section.1821

       (M) No information technology center or school district shall 1822
acquire, change, or update its student administration software 1823
package to manage and report data required to be reported to the 1824
department unless it converts to a student software package that 1825
is certified by the department.1826

       (N) The state board of education, in accordance with sections 1827
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 1828
license as defined under division (A) of section 3319.31 of the 1829
Revised Code that has been issued to any school district employee 1830
found to have willfully reported erroneous, inaccurate, or 1831
incomplete data to the education management information system.1832

       (O) No person shall release or maintain any information about 1833
any student in violation of this section. Whoever violates this 1834
division is guilty of a misdemeanor of the fourth degree.1835

       (P) The department shall disaggregate the data collected 1836
under division (B)(1)(n) of this section according to the race and 1837
socioeconomic status of the students assessed. No data collected 1838
under that division shall be included on the report cards required 1839
by section 3302.03 of the Revised Code.1840

       (Q) If the department cannot compile any of the information 1841
required by division (H) of section 3302.03 of the Revised Code 1842
based upon the data collected under this section, the department 1843
shall develop a plan and a reasonable timeline for the collection 1844
of any data necessary to comply with that division.1845

       Sec. 3301.0715.  (A) Except as otherwise required under 1846
division (B)(1) of section 3313.608 of the Revised Code, the board 1847
of education of each city, local, and exempted village school 1848
district shall administer each applicable diagnostic assessment 1849
developed and provided to the district in accordance with section 1850
3301.079 of the Revised Code to the following:1851

       (1) Any student who transfers into the district or to a 1852
different school within the district if each applicable diagnostic 1853
assessment was not administered by the district or school the 1854
student previously attended in the current school year, within 1855
thirty days after the date of transfer. If the district or school 1856
into which the student transfers cannot determine whether the 1857
student has taken any applicable diagnostic assessment in the 1858
current school year, the district or school may administer the 1859
diagnostic assessment to the student. However, if a student 1860
transfers into the district prior to the administration of the 1861
diagnostic assessments to all students under division (B) of this 1862
section, the district may administer the diagnostic assessments to 1863
that student on the date or dates determined under that division.1864

       (2)(a) Prior to July 1, 2014, each kindergarten student, not 1865
earlier than four weeks prior to the first day of school and not 1866
later than the first day of October.1867

       (b) Beginning July 1, 2014, eachEach kindergarten student, 1868
not earlier than the first day of the school year and not later 1869
than the first day of November, except that the language and 1870
reading skills portion of the assessment shall be administered by 1871
the thirtieth day of September to fulfill the requirements of 1872
division (B) of section 3313.608 of the Revised Code.1873

       For the purpose of division (A)(2) of this section, the 1874
district shall administer the kindergarten readiness assessment 1875
provided by the department of education. In no case shall the 1876
results of the readiness assessment be used to prohibit a student 1877
from enrolling in kindergarten.1878

       (3) Each student enrolled in first, second, or third grade.1879

       Division (A) of this section does not apply to students with 1880
significant cognitive disabilities, as defined by the department 1881
of education.1882

       (B) Each district board shall administer each diagnostic 1883
assessment when the board deems appropriate, provided the 1884
administration complies with section 3313.608 of the Revised Code. 1885
However, the board shall administer any diagnostic assessment at 1886
least once annually to all students in the appropriate grade 1887
level. A district board may administer any diagnostic assessment 1888
in the fall and spring of a school year to measure the amount of 1889
academic growth attributable to the instruction received by 1890
students during that school year.1891

       (C) Any district that received an excellent or effective 1892
ratinga grade of "A" or "B" for the performance index score under 1893
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of 1894
the Revised Code or for the value-added progress dimension under 1895
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of 1896
the Revised Code for the immediately preceding school year, 1897
pursuant to section 3302.03 of the Revised Code as it existed 1898
prior to March 22, 2013, or the equivalent of such rating as 1899
determined by the department of education, may use different 1900
diagnostic assessments from those adopted under division (D) of 1901
section 3301.079 of the Revised Code in order to satisfy the 1902
requirements of division (A)(2)(3) of this section.1903

       (D) Each district board shall utilize and score any 1904
diagnostic assessment administered under division (A) of this 1905
section in accordance with rules established by the department. 1906
After the administration of any diagnostic assessment, each 1907
district shall provide a student's completed diagnostic 1908
assessment, the results of such assessment, and any other 1909
accompanying documents used during the administration of the 1910
assessment to the parent of that student, and shall include all 1911
such documents and information in any plan developed for the 1912
student under division (C) of section 3313.608 of the Revised 1913
Code. Each district shall submit to the department, in the manner 1914
the department prescribes, the results of the diagnostic 1915
assessments administered under this section, regardless of the 1916
type of assessment used under section 3313.608 of the Revised 1917
Code. The department may issue reports with respect to the data 1918
collected. The department may report school and district level 1919
kindergarten diagnostic assessment data and use diagnostic 1920
assessment data to calculate the measure prescribed by divisions 1921
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.1922

       (E) Each district board shall provide intervention services 1923
to students whose diagnostic assessments show that they are 1924
failing to make satisfactory progress toward attaining the 1925
academic standards for their grade level.1926

       Sec. 3301.163.  (A) Beginning July 1, 2015, any third-grade 1927
student who attends a chartered nonpublic school with a 1928
scholarship awarded under either the educational choice 1929
scholarship pilot program, prescribed in sections 3310.01 to 1930
3310.17, or the pilot project scholarship program prescribed in 1931
sections 3313.974 to 3313.979 of the Revised Code, shall be 1932
subject to the third-grade reading guarantee retention provisions 1933
under division (A)(2) of section 3313.608 of the Revised Code, 1934
including the exemptions prescribed by that division. For purposes 1935
of determining if a child with a disability is exempt from 1936
retention under this section, an individual services plan created 1937
for the child that exempts the student from retention shall be 1938
considered in the same manner as an individualized education 1939
program or plan under section 504 of the "Rehabilitation Act of 1940
1973," 87 Stat. 355, 29 U.S.C. 794, as amended, as prescribed by 1941
division (A)(2) of section 3313.608 of the Revised Code.1942

       As used in this section, "child with a disability" has the 1943
same meaning as in section 3323.01 of the Revised Code.1944

       (B)(1) Each chartered nonpublic school that enrolls students 1945
in any of grades kindergarten through three and that accepts 1946
students under the educational choice scholarship pilot program or 1947
the pilot project scholarship program shall adopt policies and 1948
procedures for the annual assessment of the reading skills of 1949
those students. Each school may use the diagnostic assessment to 1950
measure reading ability for the appropriate grade level prescribed 1951
in division (D) of section 3301.079 of the Revised Code. If the 1952
school uses such assessments, the department of education shall 1953
furnish them to the chartered nonpublic school. 1954

       (2) For each student identified as having reading skills 1955
below grade level, the school shall do both of the following: 1956

       (a) Provide to the student's parent or guardian, in writing, 1957
all of the following:1958

       (i) Notification that the student has been identified as 1959
having a substantial deficiency in reading;1960

       (ii) Notification that if the student attains a score in the 1961
range designated under division (A)(3) of section 3301.0710 of the 1962
Revised Code on the assessment prescribed under that section to 1963
measure skill in English language arts expected at the end of 1964
third grade, the student shall be retained unless the student is 1965
exempt under division (A)(1) of section 3313.608 of the Revised 1966
Code. 1967

       (b) Provide intensive reading instruction services, as 1968
determined appropriate by the school, to each student identified 1969
under this section.1970

       (C) Each chartered nonpublic school subject to this section 1971
annually shall report to the department the number of students 1972
identified as reading at grade level and the number of students 1973
identified as reading below grade level.1974

       Sec. 3301.947.  Data collected in the course of testing under 1975
sections 3301.079, 3301.0710, 3301.0711, and 3301.0712 of the 1976
Revised Code shall be used for the sole purpose of measuring and 1977
improving the academic progress and needs of students, educators, 1978
school districts, and schools. In the course of such testing, no 1979
personally identifiable information of a student's or a student's 1980
family's social security numbers, religion, political party 1981
affiliation, voting history, or biometric information shall be 1982
collected, tracked, housed with, reported to, or shared with any 1983
entity, including the federal or state government.1984

       Sec. 3302.03.  Annually, not later than the fifteenth day of 1985
September or the preceding Friday when that day falls on a 1986
Saturday or Sunday, the department of education shall assign a 1987
letter grade for overall academic performance and for each 1988
separate performance measure for each school district, and each 1989
school building in a district, in accordance with this section. 1990
The state board shall adopt rules pursuant to Chapter 119. of the 1991
Revised Code to establish performance criteria for each letter 1992
grade and prescribe a method by which the department assigns each 1993
letter grade. For a school building to which any of the 1994
performance measures do not apply, due to grade levels served by 1995
the building, the state board shall designate the performance 1996
measures that are applicable to the building and that must be 1997
calculated separately and used to calculate the building's overall 1998
grade. The department shall issue annual report cards reflecting 1999
the performance of each school district, each building within each 2000
district, and for the state as a whole using the performance 2001
measures and letter grade system described in this section. The 2002
department shall include on the report card for each district and 2003
each building within each district the most recent two-year trend 2004
data in student achievement for each subject and each grade.2005

       (A)(1) For the 2012-2013 school year, the department shall 2006
issue grades as described in division (E) of this section for each 2007
of the following performance measures:2008

       (a) Annual measurable objectives; 2009

       (b) Performance index score for a school district or 2010
building. Grades shall be awarded as a percentage of the total 2011
possible points on the performance index system as adopted by the 2012
state board. In adopting benchmarks for assigning letter grades 2013
under division (A)(1)(b) of this section, the state board of 2014
education shall designate ninety per cent or higher for an "A," at 2015
least seventy per cent but not more than eighty per cent for a 2016
"C," and less than fifty per cent for an "F."2017

       (c) The extent to which the school district or building meets 2018
each of the applicable performance indicators established by the 2019
state board under section 3302.02 of the Revised Code and the 2020
percentage of applicable performance indicators that have been 2021
achieved. In adopting benchmarks for assigning letter grades under 2022
division (A)(1)(c) of this section, the state board shall 2023
designate ninety per cent or higher for an "A."2024

       (d) The four- and five-year adjusted cohort graduation rates.2025

        In adopting benchmarks for assigning letter grades under 2026
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 2027
department shall designate a four-year adjusted cohort graduation 2028
rate of ninety-three per cent or higher for an "A" and a five-year 2029
cohort graduation rate of ninety-five per cent or higher for an 2030
"A."2031

       (e) The overall score under the value-added progress 2032
dimension of a school district or building, for which the 2033
department shall use up to three years of value-added data as 2034
available. The letter grade assigned for this growth measure shall 2035
be as follows:2036

       (i) A score that is at least two standard errors of measure 2037
above the mean score shall be designated as an "A."2038

       (ii) A score that is at least one standard error of measure 2039
but less than two standard errors of measure above the mean score 2040
shall be designated as a "B."2041

       (iii) A score that is less than one standard error of measure 2042
above the mean score but greater than or equal to one standard 2043
error of measure below the mean score shall be designated as a 2044
"C."2045

       (iv) A score that is not greater than one standard error of 2046
measure below the mean score but is greater than or equal to two 2047
standard errors of measure below the mean score shall be 2048
designated as a "D."2049

       (v) A score that is not greater than two standard errors of 2050
measure below the mean score shall be designated as an "F."2051

       Whenever the value-added progress dimension is used as a 2052
graded performance measure, whether as an overall measure or as a 2053
measure of separate subgroups, the grades for the measure shall be 2054
calculated in the same manner as prescribed in division (A)(1)(e) 2055
of this section.2056

       (f) The value-added progress dimension score for a school 2057
district or building disaggregated for each of the following 2058
subgroups: students identified as gifted, students with 2059
disabilities, and students whose performance places them in the 2060
lowest quintile for achievement on a statewide basis. Each 2061
subgroup shall be a separate graded measure.2062

       (2) Not later than April 30, 2013, the state board of 2063
education shall adopt a resolution describing the performance 2064
measures, benchmarks, and grading system for the 2012-2013 school 2065
year and, not later than June 30, 2013, shall adopt rules in 2066
accordance with Chapter 119. of the Revised Code that prescribe 2067
the methods by which the performance measures under division 2068
(A)(1) of this section shall be assessed and assigned a letter 2069
grade, including performance benchmarks for each letter grade.2070

       At least forty-five days prior to the state board's adoption 2071
of rules to prescribe the methods by which the performance 2072
measures under division (A)(1) of this section shall be assessed 2073
and assigned a letter grade, the department shall conduct a public 2074
presentation before the standing committees of the house of 2075
representatives and the senate that consider education legislation 2076
describing such methods, including performance benchmarks.2077

       (3) There shall not be an overall letter grade for a school 2078
district or building for the 2012-2013 school year.2079

       (B)(1) For the 2013-2014 school year, the department shall 2080
issue grades as described in division (E) of this section for each 2081
of the following performance measures:2082

       (a) Annual measurable objectives; 2083

       (b) Performance index score for a school district or 2084
building. Grades shall be awarded as a percentage of the total 2085
possible points on the performance index system as created by the 2086
department. In adopting benchmarks for assigning letter grades 2087
under division (B)(1)(b) of this section, the state board shall 2088
designate ninety per cent or higher for an "A," at least seventy 2089
per cent but not more than eighty per cent for a "C," and less 2090
than fifty per cent for an "F."2091

       (c) The extent to which the school district or building meets 2092
each of the applicable performance indicators established by the 2093
state board under section 3302.03 of the Revised Code and the 2094
percentage of applicable performance indicators that have been 2095
achieved. In adopting benchmarks for assigning letter grades under 2096
division (B)(1)(c) of this section, the state board shall 2097
designate ninety per cent or higher for an "A."2098

       (d) The four- and five-year adjusted cohort graduation rates;2099

       (e) The overall score under the value-added progress 2100
dimension of a school district or building, for which. In 2101
determining the value-added progress dimension score, the 2102
department shall use either up to three years of value-added data 2103
as available or value-added data from the most recent school year2104
available, whichever results in a higher score for the district or 2105
building.2106

       (f) The value-added progress dimension score for a school 2107
district or building disaggregated for each of the following 2108
subgroups: students identified as gifted in superior cognitive 2109
ability and specific academic ability fields under Chapter 3324. 2110
of the Revised Code, students with disabilities, and students 2111
whose performance places them in the lowest quintile for 2112
achievement on a statewide basis. Each subgroup shall be a 2113
separate graded measure.2114

       (g) Whether a school district or building is making progress 2115
in improving literacy in grades kindergarten through three, as 2116
determined using a method prescribed by the state board. The state 2117
board shall adopt rules to prescribe benchmarks and standards for 2118
assigning grades to districts and buildings for purposes of 2119
division (B)(1)(g) of this section. In adopting benchmarks for 2120
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 2121
this section, the state board shall determine progress made based 2122
on the reduction in the total percentage of students scoring below 2123
grade level, or below proficient, compared from year to year on 2124
the reading and writing diagnostic assessments administered under 2125
section 3301.0715 of the Revised Code and the third grade English 2126
language arts assessment under section 3301.0710 of the Revised 2127
Code, as applicable. The state board shall designate for a "C" 2128
grade a value that is not lower than the statewide average value 2129
for this measure. No grade shall be issued under divisions 2130
(B)(1)(g) and (C)(1)(g) of this section for a district or building 2131
in which less than five per cent of students have scored below 2132
grade level on the diagnostic assessment administered to students 2133
in kindergarten under division (B)(1) of section 3313.608 of the 2134
Revised Code.2135

       (2) In addition to the graded measures in division (B)(1) of 2136
this section, the department shall include on a school district's 2137
or building's report card all of the following without an assigned 2138
letter grade:2139

       (a) The percentage of students enrolled in a district or 2140
building participating in advanced placement classes and the 2141
percentage of those students who received a score of three or 2142
better on advanced placement examinations;2143

        (b) The number of a district's or building's students who 2144
have earned at least three college credits through dual enrollment 2145
or advanced standing programs, such as the post-secondary 2146
enrollment options program under Chapter 3365. of the Revised Code 2147
and state-approved career-technical courses offered through dual 2148
enrollment or statewide articulation, that appear on a student's 2149
transcript or other official document, either of which is issued 2150
by the institution of higher education from which the student 2151
earned the college credit. The credits earned that are reported 2152
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 2153
include any that are remedial or developmental and shall include 2154
those that count toward the curriculum requirements established 2155
for completion of a degree.2156

       (c) The percentage of students enrolled in a district or 2157
building who have taken a national standardized test used for 2158
college admission determinations and the percentage of those 2159
students who are determined to be remediation-free in accordance 2160
with standards adopted under division (F) of section 3345.061 of 2161
the Revised Code;2162

        (d) The percentage of the district's or the building's 2163
students who receive industry credentials. The state board shall 2164
adopt criteria for acceptable industry credentials.2165

        (e) The percentage of students enrolled in a district or 2166
building who are participating in an international baccalaureate 2167
program and the percentage of those students who receive a score 2168
of four or better on the international baccalaureate examinations.2169

        (f) The percentage of the district's or building's students 2170
who receive an honors diploma under division (B) of section 2171
3313.61 of the Revised Code.2172

       (3) Not later than December 31, 2013, the state board shall 2173
adopt rules in accordance with Chapter 119. of the Revised Code 2174
that prescribe the methods by which the performance measures under 2175
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 2176
and assigned a letter grade, including performance benchmarks for 2177
each grade.2178

       At least forty-five days prior to the state board's adoption 2179
of rules to prescribe the methods by which the performance 2180
measures under division (B)(1) of this section shall be assessed 2181
and assigned a letter grade, the department shall conduct a public 2182
presentation before the standing committees of the house of 2183
representatives and the senate that consider education legislation 2184
describing such methods, including performance benchmarks.2185

       (4) There shall not be an overall letter grade for a school 2186
district or building for the 2013-2014 school year.2187

       (C)(1) For the 2014-2015 school year and each school year 2188
thereafter, the department shall issue grades as described in 2189
division (E) of this section for each of the following performance 2190
measures and an overall letter grade based on an aggregate of 2191
those measures:2192

       (a) Annual measurable objectives; 2193

       (b) Performance index score for a school district or 2194
building. Grades shall be awarded as a percentage of the total 2195
possible points on the performance index system as created by the 2196
department. In adopting benchmarks for assigning letter grades 2197
under division (C)(1)(b) of this section, the state board shall 2198
designate ninety per cent or higher for an "A," at least seventy 2199
per cent but not more than eighty per cent for a "C," and less 2200
than fifty per cent for an "F."2201

       (c) The extent to which the school district or building meets 2202
each of the applicable performance indicators established by the 2203
state board under section 3302.03 of the Revised Code and the 2204
percentage of applicable performance indicators that have been 2205
achieved. In adopting benchmarks for assigning letter grades under 2206
division (C)(1)(c) of this section, the state board shall 2207
designate ninety per cent or higher for an "A."2208

       (d) The four- and five-year adjusted cohort graduation rates;2209

       (e) The overall score under the value-added progress 2210
dimension, or another measure of student academic progress if 2211
adopted by the state board, of a school district or building, for 2212
which. In determining the value-added progress dimension score,2213
the department shall use either up to three years of value-added 2214
data as available or value-added data from the most recent school 2215
year available, whichever results in a higher score for the 2216
district or building.2217

       In adopting benchmarks for assigning letter grades for 2218
overall score on value-added progress dimension under division 2219
(C)(1)(e) of this section, the state board shall prohibit the 2220
assigning of a grade of "A" for that measure unless the district's 2221
or building's grade assigned for value-added progress dimension 2222
for all subgroups under division (C)(1)(f) of this section is a 2223
"B" or higher.2224

       For the metric prescribed by division (C)(1)(e) of this 2225
section, the state board may adopt a student academic progress 2226
measure to be used instead of the value-added progress dimension. 2227
If the state board adopts such a measure, it also shall prescribe 2228
a method for assigning letter grades for the new measure that is 2229
comparable to the method prescribed in division (A)(1)(e) of this 2230
section.2231

       (f) The value-added progress dimension score of a school 2232
district or building disaggregated for each of the following 2233
subgroups: students identified as gifted in superior cognitive 2234
ability and specific academic ability fields under Chapter 3324. 2235
of the Revised Code, students with disabilities, and students 2236
whose performance places them in the lowest quintile for 2237
achievement on a statewide basis, as determined by a method 2238
prescribed by the state board. Each subgroup shall be a separate 2239
graded measure.2240

       The state board may adopt student academic progress measures 2241
to be used instead of the value-added progress dimension. If the 2242
state board adopts such measures, it also shall prescribe a method 2243
for assigning letter grades for the new measures that is 2244
comparable to the method prescribed in division (A)(1)(e) of this 2245
section.2246

       (g) Whether a school district or building is making progress 2247
in improving literacy in grades kindergarten through three, as 2248
determined using a method prescribed by the state board. The state 2249
board shall adopt rules to prescribe benchmarks and standards for 2250
assigning grades to a district or building for purposes of 2251
division (C)(1)(g) of this section. The state board shall 2252
designate for a "C" grade a value that is not lower than the 2253
statewide average value for this measure. No grade shall be issued 2254
under division (C)(1)(g) of this section for a district or 2255
building in which less than five per cent of students have scored 2256
below grade level on the kindergarten diagnostic assessment under 2257
division (B)(1) of section 3313.608 of the Revised Code.2258

       (2) In addition to the graded measures in division (C)(1) of 2259
this section, the department shall include on a school district's 2260
or building's report card all of the following without an assigned 2261
letter grade:2262

        (a) The percentage of students enrolled in a district or 2263
building who have taken a national standardized test used for 2264
college admission determinations and the percentage of those 2265
students who are determined to be remediation-free in accordance 2266
with the standards adopted under division (F) of section 3345.061 2267
of the Revised Code;2268

        (b) The percentage of students enrolled in a district or 2269
building participating in advanced placement classes and the 2270
percentage of those students who received a score of three or 2271
better on advanced placement examinations;2272

        (c) The numberpercentage of a district's or building's 2273
students who have earned at least three college credits through 2274
dual enrollmentadvanced standing programs, such as the 2275
post-secondary enrollment optionscollege credit plus program 2276
under Chapter 3365. of the Revised Code and state-approved 2277
career-technical courses offered through dual enrollment or 2278
statewide articulation, that appear on a student's college2279
transcript or other official document, either of which is issued 2280
by the institution of higher education from which the student 2281
earned the college credit. The credits earned that are reported 2282
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 2283
include any that are remedial or developmental and shall include 2284
those that count toward the curriculum requirements established 2285
for completion of a degree.2286

        (d) The percentage of the district's or building's students 2287
who receive an honor's diploma under division (B) of section 2288
3313.61 of the Revised Code;2289

        (e) The percentage of the district's or building's students 2290
who receive industry credentials;2291

        (f) The percentage of students enrolled in a district or 2292
building who are participating in an international baccalaureate 2293
program and the percentage of those students who receive a score 2294
of four or better on the international baccalaureate examinations;2295

        (g) The results of the college and career-ready assessments 2296
administered under division (B)(1) of section 3301.0712 of the 2297
Revised Code.2298

        (3) The state board shall adopt rules pursuant to Chapter 2299
119. of the Revised Code that establish a method to assign an 2300
overall grade for a school district or school building for the 2301
2014-2015 school year and each school year thereafter. The rules 2302
shall group the performance measures in divisions (C)(1) and (2) 2303
of this section into the following components:2304

        (a) Gap closing, which shall include the performance measure 2305
in division (C)(1)(a) of this section;2306

        (b) Achievement, which shall include the performance measures 2307
in divisions (C)(1)(b) and (c) of this section;2308

        (c) Progress, which shall include the performance measures in 2309
divisions (C)(1)(e) and (f) of this section;2310

        (d) Graduation, which shall include the performance measure 2311
in division (C)(1)(d) of this section;2312

        (e) Kindergarten through third-grade literacy, which shall 2313
include the performance measure in division (C)(1)(g) of this 2314
section;2315

        (f) Prepared for success, which shall include the performance 2316
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 2317
this section. The state board shall develop a method to determine 2318
a grade for the component in division (C)(3)(f) of this section 2319
using the performance measures in divisions (C)(2)(a), (b), (c), 2320
(d), (e), and (f) of this section. When available, the state board 2321
may incorporate the performance measure under division (C)(2)(g) 2322
of this section into the component under division (C)(3)(f) of 2323
this section. When determining the overall grade for the prepared 2324
for success component prescribed by division (C)(3)(f) of this 2325
section, no individual student shall be counted in more than one 2326
performance measure. However, if a student qualifies for more than 2327
one performance measure in the component, the state board may, in 2328
its method to determine a grade for the component, specify an 2329
additional weight for such a student that is not greater than or 2330
equal to 1.0. In determining the overall score under division 2331
(C)(3)(f) of this section, the state board shall ensure that the 2332
pool of students included in the performance measures aggregated 2333
under that division are all of the students included in the four- 2334
and five-year adjusted graduation cohort.2335

        In the rules adopted under division (C)(3) of this section, 2336
the state board shall adopt a method for determining a grade for 2337
each component in divisions (C)(3)(a) to (f) of this section. The 2338
state board also shall establish a method to assign an overall 2339
grade of "A," "B," "C," "D," or "F" using the grades assigned for 2340
each component. The method the state board adopts for assigning an 2341
overall grade shall give equal weight to the components in 2342
divisions (C)(3)(b) and (c) of this section.2343

       At least forty-five days prior to the state board's adoption 2344
of rules to prescribe the methods for calculating the overall 2345
grade for the report card, as required by this division, the 2346
department shall conduct a public presentation before the standing 2347
committees of the house of representatives and the senate that 2348
consider education legislation describing the format for the 2349
report card, weights that will be assigned to the components of 2350
the overall grade, and the method for calculating the overall 2351
grade.2352

       (D) Not later than July 1, 2015, the state board shall 2353
develop a measure of student academic progress for high school 2354
students. Beginning with the report card for the 2015-2016 school 2355
year, each school district and applicable school building shall be 2356
assigned a separate letter grade for this measure and the 2357
district's or building's grade for that measure shall be included 2358
in determining the district's or building's overall letter grade. 2359
This measure shall be included within the measure prescribed in 2360
division (C)(3)(c) of this section in the calculation for the 2361
overall letter grade.2362

       (E) The letter grades assigned to a school district or 2363
building under this section shall be as follows:2364

       (1) "A" for a district or school making excellent progress;2365

       (2) "B" for a district or school making above average 2366
progress;2367

       (3) "C" for a district or school making average progress;2368

       (4) "D" for a district or school making below average 2369
progress;2370

       (5) "F" for a district or school failing to meet minimum 2371
progress.2372

        (F) When reporting data on student achievement and progress, 2373
the department shall disaggregate that data according to the 2374
following categories: 2375

       (1) Performance of students by grade-level; 2376

       (2) Performance of students by race and ethnic group; 2377

       (3) Performance of students by gender; 2378

       (4) Performance of students grouped by those who have been 2379
enrolled in a district or school for three or more years; 2380

       (5) Performance of students grouped by those who have been 2381
enrolled in a district or school for more than one year and less 2382
than three years; 2383

       (6) Performance of students grouped by those who have been 2384
enrolled in a district or school for one year or less; 2385

       (7) Performance of students grouped by those who are 2386
economically disadvantaged; 2387

       (8) Performance of students grouped by those who are enrolled 2388
in a conversion community school established under Chapter 3314. 2389
of the Revised Code; 2390

       (9) Performance of students grouped by those who are 2391
classified as limited English proficient; 2392

       (10) Performance of students grouped by those who have 2393
disabilities; 2394

       (11) Performance of students grouped by those who are 2395
classified as migrants; 2396

       (12) Performance of students grouped by those who are 2397
identified as gifted in superior cognitive ability and the 2398
specific academic ability fields of reading and math pursuant to 2399
Chapter 3324. of the Revised Code. In disaggregating specific 2400
academic ability fields for gifted students, the department shall 2401
use data for those students with specific academic ability in math 2402
and reading. If any other academic field is assessed, the 2403
department shall also include data for students with specific 2404
academic ability in that field as well.2405

       (13) Performance of students grouped by those who perform in 2406
the lowest quintile for achievement on a statewide basis, as 2407
determined by a method prescribed by the state board. 2408

       The department may disaggregate data on student performance 2409
according to other categories that the department determines are 2410
appropriate. To the extent possible, the department shall 2411
disaggregate data on student performance according to any 2412
combinations of two or more of the categories listed in divisions 2413
(F)(1) to (13) of this section that it deems relevant. 2414

       In reporting data pursuant to division (F) of this section, 2415
the department shall not include in the report cards any data 2416
statistical in nature that is statistically unreliable or that 2417
could result in the identification of individual students. For 2418
this purpose, the department shall not report student performance 2419
data for any group identified in division (F) of this section that 2420
contains less than ten students. If the department does not report 2421
student performance data for a group because it contains less than 2422
ten students, the department shall indicate on the report card 2423
that is why data was not reported.2424

       (G) The department may include with the report cards any 2425
additional education and fiscal performance data it deems 2426
valuable. 2427

       (H) The department shall include on each report card a list 2428
of additional information collected by the department that is 2429
available regarding the district or building for which the report 2430
card is issued. When available, such additional information shall 2431
include student mobility data disaggregated by race and 2432
socioeconomic status, college enrollment data, and the reports 2433
prepared under section 3302.031 of the Revised Code. 2434

       The department shall maintain a site on the world wide web. 2435
The report card shall include the address of the site and shall 2436
specify that such additional information is available to the 2437
public at that site. The department shall also provide a copy of 2438
each item on the list to the superintendent of each school 2439
district. The district superintendent shall provide a copy of any 2440
item on the list to anyone who requests it. 2441

       (I) Division (I) of this section does not apply to conversion 2442
community schools that primarily enroll students between sixteen 2443
and twenty-two years of age who dropped out of high school or are 2444
at risk of dropping out of high school due to poor attendance, 2445
disciplinary problems, or suspensions. 2446

       (1) For any district that sponsors a conversion community 2447
school under Chapter 3314. of the Revised Code, the department 2448
shall combine data regarding the academic performance of students 2449
enrolled in the community school with comparable data from the 2450
schools of the district for the purpose of determining the 2451
performance of the district as a whole on the report card issued 2452
for the district under this section or section 3302.033 of the 2453
Revised Code. 2454

       (2) Any district that leases a building to a community school 2455
located in the district or that enters into an agreement with a 2456
community school located in the district whereby the district and 2457
the school endorse each other's programs may elect to have data 2458
regarding the academic performance of students enrolled in the 2459
community school combined with comparable data from the schools of 2460
the district for the purpose of determining the performance of the 2461
district as a whole on the district report card. Any district that 2462
so elects shall annually file a copy of the lease or agreement 2463
with the department. 2464

       (3) Any municipal school district, as defined in section 2465
3311.71 of the Revised Code, that sponsors a community school 2466
located within the district's territory, or that enters into an 2467
agreement with a community school located within the district's 2468
territory whereby the district and the community school endorse 2469
each other's programs, may exercise either or both of the 2470
following elections:2471

        (a) To have data regarding the academic performance of 2472
students enrolled in that community school combined with 2473
comparable data from the schools of the district for the purpose 2474
of determining the performance of the district as a whole on the 2475
district's report card;2476

        (b) To have the number of students attending that community 2477
school noted separately on the district's report card.2478

       The election authorized under division (I)(3)(a) of this 2479
section is subject to approval by the governing authority of the 2480
community school.2481

       Any municipal school district that exercises an election to 2482
combine or include data under division (I)(3) of this section, by 2483
the first day of October of each year, shall file with the 2484
department documentation indicating eligibility for that election, 2485
as required by the department.2486

       (J) The department shall include on each report card the 2487
percentage of teachers in the district or building who are highly 2488
qualified, as defined by the "No Child Left Behind Act of 2001,"2489
and a comparison of that percentage with the percentages of such 2490
teachers in similar districts and buildings. 2491

       (K)(1) In calculating English language arts, mathematics, 2492
social studies, or science assessment passage rates used to 2493
determine school district or building performance under this 2494
section, the department shall include all students taking an 2495
assessment with accommodation or to whom an alternate assessment 2496
is administered pursuant to division (C)(1) or (3) of section 2497
3301.0711 of the Revised Code. 2498

        (2) In calculating performance index scores, rates of 2499
achievement on the performance indicators established by the state 2500
board under section 3302.02 of the Revised Code, and annual 2501
measurable objectives for determining adequate yearly progress for 2502
school districts and buildings under this section, the department 2503
shall do all of the following: 2504

       (a) Include for each district or building only those students 2505
who are included in the ADM certified for the first full school 2506
week of October and are continuously enrolled in the district or 2507
building through the time of the spring administration of any 2508
assessment prescribed by division (A)(1) or (B)(1) of section 2509
3301.0710 of the Revised Code that is administered to the 2510
student's grade level; 2511

       (b) Include cumulative totals from both the fall and spring 2512
administrations of the third grade English language arts 2513
achievement assessment; 2514

       (c) Except as required by the "No Child Left Behind Act of 2515
2001," exclude for each district or building any limited English 2516
proficient student who has been enrolled in United States schools 2517
for less than one full school year.2518

       (L) Beginning with the 2015-2016 school year and at least 2519
once every three years thereafter, the state board of education 2520
shall review and may adjust the benchmarks for assigning letter 2521
grades to the performance measures and components prescribed under 2522
divisions (C)(3) and (D) of this section.2523

       Sec. 3302.036.  (A) Notwithstanding anything in the Revised 2524
Code to the contrary, the department of education shall not assign 2525
an overall letter grade under division (C)(3) of section 3302.03 2526
of the Revised Code for any school district or building for the 2527
2014-2015 school year and shall not rank school districts, 2528
community schools established under Chapter 3314. of the Revised 2529
Code, or STEM schools established under Chapter 3326. of the 2530
Revised Code under section 3302.21 of the Revised Code for that 2531
school year. The report card ratings issued for the 2014-2015 2532
school year shall not be considered in determining whether a 2533
school district or a school is subject to sanctions or penalties. 2534
However, the report card ratings of any previous or subsequent 2535
years shall be considered in determining whether a school district 2536
or building is subject to sanctions or penalties. Accordingly, the 2537
report card ratings for the 2014-2015 school year shall have no 2538
effect in determining sanctions or penalties, but shall not create 2539
a new starting point for determinations that are based on ratings 2540
over multiple years.2541

       (B) The provisions from which a district or school is exempt 2542
under division (A) of this section shall be the following:2543

       (1) Any restructuring provisions established under this 2544
chapter, except as required under the "No Child Left Behind Act of 2545
2001"; 2546

       (2) Provisions for the Columbus city school pilot project 2547
under section 3302.042 of the Revised Code;2548

       (3) Provisions for academic distress commissions under 2549
section 3302.10 of the Revised Code; 2550

       (4) Provisions prescribing new buildings where students are 2551
eligible for the educational choice scholarships under section 2552
3310.03 of the Revised Code; 2553

       (5) Provisions defining "challenged school districts" in 2554
which new start-up community schools may be located, as prescribed 2555
in section 3314.02 of the Revised Code; 2556

       (6) Provisions prescribing community school closure 2557
requirements under section 3314.35 or 3314.351 of the Revised 2558
Code.2559

       Sec. 3302.10.  (A) Beginning July 1, 2007, theThe2560
superintendent of public instruction shall establish an academic 2561
distress commission for each school district that meets any 2562
combination of the following conditions for three or more 2563
consecutive years:2564

        (1) The district has been declared to be in a state of 2565
academic emergency under section 3302.03 of the Revised Code, as 2566
that section existed prior to the effective date of this amendment2567
March 22, 2013, and has failed to make adequate yearly progress;2568

        (2) The district has received a grade of "F" for the 2569
performance index score and a grade of "D" or "F" for the 2570
value-added progress dimension under division (A) or (B) of 2571
section 3302.03 of the Revised Code;2572

        (3) The district has received an overall grade of "F" under 2573
division (C)(2) orof section 3302.03 of the Revised Codea grade 2574
of "F" for the value-added progress dimension under division 2575
(C)(1)(e) of section 3302.03 of the Revised Code;2576

       (4) At least fifty per cent of the schools operated by the 2577
district have received an overall grade of "D" or "F" under 2578
division (C)(3) of section 3302.03 of the Revised Code. 2579

       Each commission shall assist the district for which it was 2580
established in improving the district's academic performance.2581

       Each commission is a body both corporate and politic, 2582
constituting an agency and instrumentality of the state and 2583
performing essential governmental functions of the state. A 2584
commission shall be known as the "academic distress commission for 2585
............... (name of school district)," and, in that name, may 2586
exercise all authority vested in such a commission by this 2587
section. A separate commission shall be established for each 2588
school district to which this division applies.2589

       (B) Each academic distress commission shall consist of five 2590
voting members, three of whom shall be appointed by the 2591
superintendent of public instruction and two of whom shall be 2592
residents of the applicable school district appointed by the 2593
president of the district board of education. When a school 2594
district becomes subject to this section, the superintendent of 2595
public instruction shall provide written notification of that fact 2596
to the district board of education and shall request the president 2597
of the district board to submit to the superintendent of public 2598
instruction, in writing, the names of the president's appointees 2599
to the commission. The superintendent of public instruction and 2600
the president of the district board shall make appointments to the 2601
commission within thirty days after the district is notified that 2602
it is subject to this section.2603

        Members of the commission shall serve at the pleasure of 2604
their appointing authority during the life of the commission. In 2605
the event of the death, resignation, incapacity, removal, or 2606
ineligibility to serve of a member, the appointing authority shall 2607
appoint a successor within fifteen days after the vacancy occurs. 2608
Members shall serve without compensation, but shall be paid by the 2609
commission their necessary and actual expenses incurred while 2610
engaged in the business of the commission.2611

       (C) Immediately after appointment of the initial members of 2612
an academic distress commission, the superintendent of public 2613
instruction shall call the first meeting of the commission and 2614
shall cause written notice of the time, date, and place of that 2615
meeting to be given to each member of the commission at least 2616
forty-eight hours in advance of the meeting. The first meeting 2617
shall include an overview of the commission's roles and 2618
responsibilities, the requirements of section 2921.42 and Chapter 2619
102. of the Revised Code as they pertain to commission members, 2620
the requirements of section 121.22 of the Revised Code, and the 2621
provisions of division (F) of this section. At its first meeting, 2622
the commission shall adopt temporary bylaws in accordance with 2623
division (D) of this section to govern its operations until the 2624
adoption of permanent bylaws.2625

        The superintendent of public instruction shall designate a 2626
chairperson for the commission from among the members appointed by 2627
the superintendent. The chairperson shall call and conduct 2628
meetings, set meeting agendas, and serve as a liaison between the 2629
commission and the district board of education. The chairperson 2630
also shall appoint a secretary, who shall not be a member of the 2631
commission.2632

        The department of education shall provide administrative 2633
support for the commission, provide data requested by the 2634
commission, and inform the commission of available state resources 2635
that could assist the commission in its work.2636

        (D) Each academic distress commission may adopt and alter 2637
bylaws and rules, which shall not be subject to section 111.15 or 2638
Chapter 119. of the Revised Code, for the conduct of its affairs 2639
and for the manner, subject to this section, in which its powers 2640
and functions shall be exercised and embodied.2641

        (E) Three members of an academic distress commission 2642
constitute a quorum of the commission. The affirmative vote of 2643
three members of the commission is necessary for any action taken 2644
by vote of the commission. No vacancy in the membership of the 2645
commission shall impair the rights of a quorum by such vote to 2646
exercise all the rights and perform all the duties of the 2647
commission. Members of the commission are not disqualified from 2648
voting by reason of the functions of any other office they hold 2649
and are not disqualified from exercising the functions of the 2650
other office with respect to the school district, its officers, or 2651
the commission.2652

        (F) The members of an academic distress commission, the 2653
superintendent of public instruction, and any person authorized to 2654
act on behalf of or assist them shall not be personally liable or 2655
subject to any suit, judgment, or claim for damages resulting from 2656
the exercise of or failure to exercise the powers, duties, and 2657
functions granted to them in regard to their functioning under 2658
this section, but the commission, superintendent of public 2659
instruction, and such other persons shall be subject to mandamus 2660
proceedings to compel performance of their duties under this 2661
section.2662

        (G) Each member of an academic distress commission shall file 2663
the statement described in section 102.02 of the Revised Code with 2664
the Ohio ethics commission. The statement shall be confidential, 2665
subject to review, as described in division (B) of that section.2666

        (H) Meetings of each academic distress commission shall be 2667
subject to section 121.22 of the Revised Code.2668

        (I)(1) Within one hundred twenty days after the first meeting 2669
of an academic distress commission, the commission shall adopt an 2670
academic recovery plan to improve academic performance in the 2671
school district. The plan shall address academic problems at both 2672
the district and school levels. The plan shall include the 2673
following:2674

        (a) Short-term and long-term actions to be taken to improve 2675
the district's academic performance, including any actions 2676
required by section 3302.04 or 3302.041 of the Revised Code;2677

        (b) The sequence and timing of the actions described in 2678
division (I)(1)(a) of this section and the persons responsible for 2679
implementing the actions;2680

        (c) Resources that will be applied toward improvement 2681
efforts;2682

        (d) Procedures for monitoring and evaluating improvement 2683
efforts;2684

        (e) Requirements for reporting to the commission and the 2685
district board of education on the status of improvement efforts.2686

        (2) The commission may amend the academic recovery plan 2687
subsequent to adoption. The commission shall update the plan at 2688
least annually.2689

        (3) The commission shall submit the academic recovery plan it 2690
adopts or updates to the superintendent of public instruction for 2691
approval immediately following its adoption or updating. The 2692
superintendent shall evaluate the plan and either approve or 2693
disapprove it within thirty days after its submission. If the plan 2694
is disapproved, the superintendent shall recommend modifications 2695
that will render it acceptable. No academic distress commission 2696
shall implement an academic recovery plan unless the 2697
superintendent has approved it.2698

        (4) County, state, and school district officers and employees 2699
shall assist the commission diligently and promptly in the 2700
implementation of the academic recovery plan.2701

        (J) Each academic distress commission shall seek input from 2702
the district board of education regarding ways to improve the 2703
district's academic performance, but any decision of the 2704
commission related to any authority granted to the commission 2705
under this section shall be final.2706

       The commission may do any of the following:2707

       (1) Appoint school building administrators and reassign 2708
administrative personnel;2709

       (2) Terminate the contracts of administrators or 2710
administrative personnel. The commission shall not be required to 2711
comply with section 3319.16 of the Revised Code with respect to 2712
any contract terminated under this division.2713

       (3) Contract with a private entity to perform school or 2714
district management functions;2715

       (4) Establish a budget for the district and approve district 2716
appropriations and expenditures, unless a financial planning and 2717
supervision commission has been established for the district 2718
pursuant to section 3316.05 of the Revised Code.2719

       (K) If the board of education of a district for which an 2720
academic distress commission has been established under this 2721
section renews any collective bargaining agreement under Chapter 2722
4117. of the Revised Code during the existence of the commission, 2723
the district board shall not enter into any agreement that would 2724
render any decision of the commission unenforceable. Section 2725
3302.08 of the Revised Code does not apply to this division.2726

       Notwithstanding any provision to the contrary in Chapter 2727
4117. of the Revised Code, if the board of education has entered 2728
into a collective bargaining agreement after September 29, 2005, 2729
that contains stipulations relinquishing one or more of the rights 2730
or responsibilities listed in division (C) of section 4117.08 of 2731
the Revised Code, those stipulations are not enforceable and the 2732
district board shall resume holding those rights or 2733
responsibilities as if it had not relinquished them in that 2734
agreement until such time as both the academic distress commission 2735
ceases to exist and the district board agrees to relinquish those 2736
rights or responsibilities in a new collective bargaining 2737
agreement. The provisions of this paragraph apply to a collective 2738
bargaining agreement entered into after September 29, 2005, and 2739
those provisions are deemed to be part of that agreement 2740
regardless of whether the district satisfied the conditions 2741
prescribed in division (A) of this section at the time the 2742
district entered into that agreement.2743

       (L) An academic distress commission shall cease to exist when 2744
the district for which it was established receives a performance 2745
rating of in need of continuous improvement or better, under 2746
section 3302.03 of the Revised Code as that section existed prior 2747
to the effective date of this amendmentMarch 22, 2013, or a grade 2748
of "C" or better for both the performance index score under 2749
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added 2750
progress dimension under division (A)(1)(e), (B)(1)(e), or 2751
(C)(1)(e) of section 3302.03 of the Revised Code for two of the 2752
three prior school years; however, the superintendent of public 2753
instruction may dissolve the commission earlier if the 2754
superintendent determines that the district can perform adequately 2755
without the supervision of the commission. Upon termination of the 2756
commission, the department of education shall compile a final 2757
report of the commission's activities to assist other academic 2758
distress commissions in the conduct of their functions.2759

       Sec. 3302.15.  (A) Notwithstanding anything to the contrary 2760
in Chapter 3301. or 3302. of the Revised Code, the board of 2761
education of a school district may submit to the superintendent of 2762
public instruction a request for a waiver for up to five school 2763
years from administering the state achievement assessments 2764
required under sections 3301.0710 and 3301.0712 of the Revised 2765
Code and related requirements specified under division (C)(2) of 2766
this section. A district that obtains a waiver under this section 2767
shall use the alternative assessment system, as proposed by the 2768
district or school and as approved by the state superintendent, in 2769
place of the assessments required under sections 3301.0710 and 2770
3301.0712 of the Revised Code.2771

       (B) To be eligible to submit a request for a waiver under 2772
this section, a school district shall be a member of the Ohio 2773
innovation lab network.2774

       (C)(1) A request for a waiver under this section shall 2775
contain the following:2776

       (a) A timeline to develop and implement an alternative 2777
assessment system for the school district;2778

       (b) An overview of the proposed educational programs or 2779
strategies to be offered by the school district;2780

       (c) An overview of the proposed alternative assessment 2781
system, including links to state-accepted and nationally accepted 2782
metrics, assessments, and evaluations;2783

       (d) An overview of planning details that have been 2784
implemented or proposed and any documented support from 2785
educational networks, established educational consultants, state 2786
institutions of higher education as defined under section 3345.011 2787
of the Revised Code, and employers or workforce development 2788
partners;2789

       (e) An overview of the capacity to implement the alternative 2790
assessments, conduct the evaluation of teachers with alternative 2791
assessments, and the reporting of student achievement data with 2792
alternative assessments for the purpose the report card ratings 2793
prescribed under section 3302.03 of the Revised Code, all of which 2794
shall include any prior success in implementing innovative 2795
educational programs or strategies, teaching practices, or 2796
assessment practices;2797

       (f) An acknowledgement by the school district of federal 2798
funding that may be impacted by obtaining a waiver.2799

       (2) The request for a waiver shall indicate the extent to 2800
which exemptions from state or federal requirements regarding the 2801
administration of the assessments required under sections 2802
3301.0710 and 3301.0712 of the Revised Code are sought. Such items 2803
from which a school district or school may be exempt are as 2804
follows:2805

       (a) The required administration of state assessments under 2806
sections 3301.0710 and 3301.0712 of the Revised Code;2807

       (b) The evaluation of teachers and administrators under 2808
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111 2809
of the Revised Code;2810

       (c) The reporting of student achievement data for the purpose 2811
of the report card ratings prescribed under section 3302.03 of the 2812
Revised Code.2813

       (D) Each request for a waiver shall include the signature of 2814
all of the following:2815

       (1) The superintendent of the school district;2816

       (2) The president of the district board;2817

       (3) The presiding officer of the labor organization 2818
representing the district's or school's teachers, if any;2819

       (4) If the district's teachers are not represented by a labor 2820
organization, the principal and a majority of the administrators 2821
and teachers of the district.2822

       (E) Not later than thirty days after receiving a request for 2823
a waiver, the state superintendent shall approve or deny the 2824
waiver or may request additional information from the district. 2825
The state superintendent shall not grant waivers to more than ten 2826
school districts. A waiver granted to a school district shall be 2827
contingent on an ongoing review and evaluation by the state 2828
superintendent of the program for which the waiver was granted.2829

       (F)(1) For the purpose of this section, the department of 2830
education shall seek a waiver from the testing requirements 2831
prescribed under the "No Child Left Behind Act of 2001," if 2832
necessary to implement this section.2833

       (2) The department shall create a mechanism for the 2834
comparison of the alternative assessments prescribed under 2835
division (C) of this section and the assessments required under 2836
sections 3301.0710 and 3301.0712 of the Revised Code as it relates 2837
to the evaluation of teachers and student achievement data for the 2838
purpose of state report card ratings.2839

       Sec. 3310.03.  A student is an "eligible student" for 2840
purposes of the educational choice scholarship pilot program if 2841
the student's resident district is not a school district in which 2842
the pilot project scholarship program is operating under sections 2843
3313.974 to 3313.979 of the Revised Code and the student satisfies 2844
one of the conditions in division (A), (B), (C), or (D) of this 2845
section:2846

       (A)(1) The student is enrolled in a school building operated 2847
by the student's resident district that, on the report card issued 2848
under section 3302.03 of the Revised Code published prior to the 2849
first day of July of the school year for which a scholarship is 2850
sought, did not receive a rating as described in division (H) of 2851
this section, and to which any or a combination of any of the 2852
following apply for two of the three most recent report cards 2853
published prior to the first day of July of the school year for 2854
which a scholarship is sought:2855

       (a) The building was declared to be in a state of academic 2856
emergency or academic watch under section 3302.03 of the Revised 2857
Code as that section existed prior to March 22, 2013.2858

       (b) The building received a grade of "D" or "F" for the 2859
performance index score under division (A)(1)(b) or (B)(1)(b) of 2860
section 3302.03 of the Revised Code and for the value-added 2861
progress dimension under division (A)(1)(e) or (B)(1)(e) of 2862
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 2863
school year, or both; or if the building serves only grades ten 2864
through twelve, the building received a grade of "D" or "F" for 2865
the performance index score under division (A)(1)(b) or (B)(1)(b) 2866
of section 3302.03 of the Revised Code and had a four-year 2867
adjusted cohort graduation rate of less than seventy-five per 2868
cent.2869

        (c) The building received an overall grade of "D" or "F" 2870
under division (C)(3) of section 3302.03 of the Revised Code or a 2871
grade of "F" for the value-added progress dimension under division 2872
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 2873
school year or any school year thereafter.2874

       (2) The student will be enrolling in any of grades 2875
kindergarten through twelve in this state for the first time in 2876
the school year for which a scholarship is sought, will be at 2877
least five years of age by the first day of January of the school 2878
year for which a scholarship is sought, and otherwise would be 2879
assigned under section 3319.01 of the Revised Code in the school 2880
year for which a scholarship is sought, to a school building 2881
described in division (A)(1) of this section.2882

       (3) The student is enrolled in a community school established 2883
under Chapter 3314. of the Revised Code but otherwise would be 2884
assigned under section 3319.01 of the Revised Code to a building 2885
described in division (A)(1) of this section.2886

       (4) The student is enrolled in a school building operated by 2887
the student's resident district or in a community school 2888
established under Chapter 3314. of the Revised Code and otherwise 2889
would be assigned under section 3319.01 of the Revised Code to a 2890
school building described in division (A)(1) of this section in 2891
the school year for which the scholarship is sought.2892

       (5) The student will be both enrolling in any of grades 2893
kindergarten through twelve in this state for the first time and 2894
at least five years of age by the first day of January of the 2895
school year for which a scholarship is sought, or is enrolled in a 2896
community school established under Chapter 3314. of the Revised 2897
Code, and all of the following apply to the student's resident 2898
district:2899

        (a) The district has in force an intradistrict open 2900
enrollment policy under which no student in the student's grade 2901
level is automatically assigned to a particular school building;2902

       (b) In the most recent rating published prior to the first 2903
day of July of the school year for which scholarship is sought, 2904
the district did not receive a rating described in division (H) of 2905
this section, and in at least two of the three most recent report 2906
cards published prior to the first day of July of that school 2907
year, any or a combination of the following apply to the district:2908

        (i) The district was declared to be in a state of academic 2909
emergency under section 3302.03 of the Revised Code as it existed 2910
prior to March 22, 2013.2911

        (ii) The district received a grade of "D" or "F" for the 2912
performance index score under division (A)(1)(b) or (B)(1)(b) of 2913
section 3302.03 of the Revised Code and for the value-added 2914
progress dimension under division (A)(1)(e) or (B)(1)(e) of 2915
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 2916
school year, or both.2917

        (c) The district received an overall grade of "D" or "F" 2918
under division (C)(3) of section 3302.03 of the Revised Code or a 2919
grade of "F" for the value-added progress dimension under division 2920
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 2921
school year or any school year thereafter.2922

       (6) Beginning in the 2016-2017 school year, the student is 2923
enrolled in or will be enrolling in a building in the school year 2924
for which the scholarship is sought that serves any of grades nine 2925
through twelve and that received a grade of "D" or "F" for the 2926
four-year adjusted cohort graduation rate under division 2927
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the 2928
Revised Code in two of the three most recent report cards 2929
published prior to the first day of July of the school year for 2930
which a scholarship is sought.2931

       (B)(1) The student is enrolled in a school building operated 2932
by the student's resident district and to which both of the 2933
following apply:2934

       (a) The building was ranked, for at least two of the three 2935
most recent rankings published under section 3302.21 of the 2936
Revised Code prior to the first day of July of the school year for 2937
which a scholarship is sought, in the lowest ten per cent of all 2938
public school buildings according to performance index score under 2939
section 3302.21 of the Revised Code.2940

       (b) The building was not declared to be excellent or 2941
effective, or the equivalent of such ratings as determined by the 2942
department of education, under section 3302.03 of the Revised Code 2943
in the most recent rating published prior to the first day of July 2944
of the school year for which a scholarship is sought.2945

       (2) The student will be enrolling in any of grades 2946
kindergarten through twelve in this state for the first time in 2947
the school year for which a scholarship is sought, will be at 2948
least five years of age, as defined in section 3321.01 of the 2949
Revised Code, by the first day of January of the school year for 2950
which a scholarship is sought, and otherwise would be assigned 2951
under section 3319.01 of the Revised Code in the school year for 2952
which a scholarship is sought, to a school building described in 2953
division (B)(1) of this section.2954

       (3) The student is enrolled in a community school established 2955
under Chapter 3314. of the Revised Code but otherwise would be 2956
assigned under section 3319.01 of the Revised Code to a building 2957
described in division (B)(1) of this section.2958

       (4) The student is enrolled in a school building operated by 2959
the student's resident district or in a community school 2960
established under Chapter 3314. of the Revised Code and otherwise 2961
would be assigned under section 3319.01 of the Revised Code to a 2962
school building described in division (B)(1) of this section in 2963
the school year for which the scholarship is sought.2964

       (C) The student is enrolled in a nonpublic school at the time 2965
the school is granted a charter by the state board of education 2966
under section 3301.16 of the Revised Code and the student meets 2967
the standards of division (B) of section 3310.031 of the Revised 2968
Code.2969

        (D) For the 2016-2017 school year and each school year 2970
thereafter, the student is in any of grades kindergarten through 2971
three, is enrolled in a school building that is operated by the 2972
student's resident district or will be enrolling in any of grades 2973
kindergarten through twelve in this state for the first time in 2974
the school year for which a scholarship is sought, and to which 2975
both of the following apply:2976

        (1) The building, in at least two of the three most recent 2977
ratings of school buildings published prior to the first day of 2978
July of the school year for which a scholarship is sought, 2979
received a grade of "D" or "F" for making progress in improving 2980
literacy in grades kindergarten through three under division 2981
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;2982

        (2) The building did not receive a grade of "A" for making 2983
progress in improving literacy in grades kindergarten through 2984
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of 2985
the Revised Code in the most recent rating published prior to the 2986
first day of July of the school year for which a scholarship is 2987
sought.2988

        (E) A student who receives a scholarship under the 2989
educational choice scholarship pilot program remains an eligible 2990
student and may continue to receive scholarships in subsequent 2991
school years until the student completes grade twelve, so long as 2992
all of the following apply:2993

       (1) The student's resident district remains the same, or the 2994
student transfers to a new resident district and otherwise would 2995
be assigned in the new resident district to a school building 2996
described in division (A)(1), (B)(1), or (D) of this section; 2997

       (2) The student takes each assessment prescribed for the 2998
student's grade level under section 3301.0710 or 3301.0712 of the 2999
Revised Code while enrolled in a chartered nonpublic school;3000

       (3) In each school year that the student is enrolled in a 3001
chartered nonpublic school, the student is absent from school for 3002
not more than twenty days that the school is open for instruction, 3003
not including excused absences.3004

       (F)(1) The department shall cease awarding first-time 3005
scholarships pursuant to divisions (A)(1) to (4) of this section 3006
with respect to a school building that, in the most recent ratings 3007
of school buildings published under section 3302.03 of the Revised 3008
Code prior to the first day of July of the school year, ceases to 3009
meet the criteria in division (A)(1) of this section. The 3010
department shall cease awarding first-time scholarships pursuant 3011
to division (A)(5) of this section with respect to a school 3012
district that, in the most recent ratings of school districts 3013
published under section 3302.03 of the Revised Code prior to the 3014
first day of July of the school year, ceases to meet the criteria 3015
in division (A)(5) of this section. 3016

       (2) The department shall cease awarding first-time 3017
scholarships pursuant to divisions (B)(1) to (4) of this section 3018
with respect to a school building that, in the most recent ratings 3019
of school buildings under section 3302.03 of the Revised Code 3020
prior to the first day of July of the school year, ceases to meet 3021
the criteria in division (B)(1) of this section. 3022

       (3) The department shall cease awarding first-time 3023
scholarships pursuant to division (D) of this section with respect 3024
to a school building that, in the most recent ratings of school 3025
buildings under section 3302.03 of the Revised Code prior to the 3026
first day of July of the school year, ceases to meet the criteria 3027
in division (D) of this section.3028

        (4) However, students who have received scholarships in the 3029
prior school year remain eligible students pursuant to division 3030
(E) of this section.3031

       (G) The state board of education shall adopt rules defining 3032
excused absences for purposes of division (E)(3) of this section.3033

       (H)(1) A student who satisfies only the conditions prescribed 3034
in divisions (A)(1) to (4) of this section shall not be eligible 3035
for a scholarship if the student's resident building meets any of 3036
the following in the most recent rating under section 3302.03 of 3037
the Revised Code published prior to the first day of July of the 3038
school year for which a scholarship is sought:3039

        (a) The building has an overall designation of excellent or 3040
effective under section 3302.03 of the Revised Code as it existed 3041
prior to March 22, 2013.3042

        (b) For the 2012-2013 or 2013-2014 school year or both, the 3043
building has a grade of "A" or "B" for the performance index score 3044
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the 3045
Revised Code and for the value-added progress dimension under 3046
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised 3047
Code; or if the building serves only grades ten through twelve, 3048
the building received a grade of "A" or "B" for the performance 3049
index score under division (A)(1)(b) or (B)(1)(b) of section 3050
3302.03 of the Revised Code and had a four-year adjusted cohort 3051
graduation rate of greater than or equal to seventy-five per cent.3052

        (c) For the 2014-2015 school year or any school year 3053
thereafter, the building has a grade of "A" or "B" under division 3054
(C)(3) of section 3302.03 of the Revised Code and a grade of "A" 3055
for the value-added progress dimension under division (C)(1)(e) of 3056
section 3302.03 of the Revised Code; or if the building serves 3057
only grades ten through twelve, the building received a grade of 3058
"A" or "B" for the performance index score under division 3059
(C)(1)(b) of section 3302.03 of the Revised Code and had a 3060
four-year adjusted cohort graduation rate of greater than or equal 3061
to seventy-five per cent.3062

        (2) A student who satisfies only the conditions prescribed in 3063
division (A)(5) of this section shall not be eligible for a 3064
scholarship if the student's resident district meets any of the 3065
following in the most recent rating under section 3302.03 of the 3066
Revised Code published prior to the first day of July of the 3067
school year for which a scholarship is sought:3068

        (a) The district has an overall designation of excellent or 3069
effective under section 3302.03 of the Revised Code as it existed 3070
prior to March 22, 2013.3071

        (b) The district has a grade of "A" or "B" for the 3072
performance index score under division (A)(1)(b) or (B)(1)(b) of 3073
section 3302.03 of the Revised Code and for the value-added 3074
progress dimension under division (A)(1)(e) or (B)(1)(e) of 3075
section 3302.03 of the Revised Code for the 2012-2013 and 3076
2013-2014 school years.3077

        (c) The district has an overall grade of "A" or "B" under 3078
division (C)(3) of section 3302.03 of the Revised Code and a grade 3079
of "A" for the value-added progress dimension under division 3080
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 3081
school year or any school year thereafter.3082

       Sec. 3310.031. (A) The state board of education shall adopt 3083
rules under section 3310.17 of the Revised Code establishing 3084
procedures for granting educational choice scholarships to 3085
eligible students attending a nonpublic school at the time the 3086
state board grants the school a charter under section 3301.16 of 3087
the Revised Code. The procedures shall include at least the 3088
following:3089

       (1) Provisions for extending the application period for 3090
scholarships for the following school year, if necessary due to 3091
the timing of the award of the nonpublic school's charter, in 3092
order for students enrolled in the school at the time the charter 3093
is granted to apply for scholarships for the following school 3094
year;3095

        (2) Provisions for notifying the resident districts of the 3096
nonpublic school's students that the nonpublic school has been 3097
granted a charter and that educational choice scholarships may be 3098
awarded to the school's students for the following school year.3099

        (B) A student who is enrolled in a nonpublic school at the 3100
time the school's charter is granted is an eligible student if any 3101
of the following applies:3102

        (1) At the end of the last school year before the student 3103
enrolled in the nonpublic school, the student was enrolled in a 3104
school building operated by the student's resident district or in 3105
a community school established under Chapter 3314. of the Revised 3106
Code and, for the current or following school year, the student 3107
otherwise would be assigned under section 3319.01 of the Revised 3108
Code to a school building described in division (A)(1) or (B)(1) 3109
of section 3310.03 of the Revised Code.3110

        (2) At the end of the last school year before the student 3111
enrolled in the nonpublic school, the student was enrolled in a 3112
school building operated by the student's resident district and, 3113
for the current or following school year, the student otherwise 3114
would be assigned under section 3319.01 of the Revised Code to a 3115
school building described in division (A)(6) of section 3310.03 of 3116
the Revised Code.3117

       (3) The student was not enrolled in any public or other 3118
nonpublic school before the student enrolled in the nonpublic 3119
school and, for the current or following school year, otherwise 3120
would be assigned under section 3319.01 of the Revised Code to a 3121
school building described in division (A)(1) or (6) or (B)(1) of 3122
section 3310.03 of the Revised Code.3123

       (3)(4) At the end of the last school year before the student 3124
enrolled in the nonpublic school, the student was enrolled in a 3125
school building operated by the student's resident district and, 3126
during that school year, the building met the conditions described 3127
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the 3128
Revised Code.3129

        (4)(5) At the end of the last school year before the student 3130
enrolled in the nonpublic school, the student was enrolled in a 3131
community school established under Chapter 3314. of the Revised 3132
Code but otherwise would have been assigned under section 3319.01 3133
of the Revised Code to a school building that, during that school 3134
year, met the conditions described in division (A)(1) or (B)(1) of 3135
section 3310.03 of the Revised Code.3136

       Sec. 3310.13. (A) No chartered nonpublic school shall charge 3137
any student whose family income is at or below two hundred per 3138
cent of the federal poverty guidelines, as defined in section 3139
5101.46 of the Revised Code, a tuition fee that is greater than 3140
the total amount paid for that student under section 3310.08 of 3141
the Revised Code.3142

       (B) A chartered nonpublic school may charge any other student 3143
who is paid a scholarship under that section up to the difference 3144
between the amount of the scholarship and the regular tuition 3145
charge of the school. Each chartered nonpublic school shallmay3146
permit such an eligible student's family, at the family's option,3147
to provide volunteer services in lieu of cash payment to pay all 3148
or part of the amount of the school's tuition not covered by the 3149
scholarship paid under section 3310.08 of the Revised Code.3150

       Sec. 3310.14. Each(A) Except as provided in division (B) of 3151
this section, each chartered nonpublic school that is not subject 3152
to division (K)(1)(a) of section 3301.0711 of the Revised Code and 3153
enrolls students awarded scholarships under sections 3310.01 to 3154
3310.17 of the Revised Code annually shall administer the 3155
assessments prescribed by section 3301.0710 or 3301.0712 of the 3156
Revised Code to each scholarship student enrolled in the school in 3157
accordance with section 3301.0711 of the Revised Code. Each 3158
chartered nonpublic school that is subject to this section shall 3159
report to the department of education the results of each 3160
assessment administered to each scholarship student under this 3161
section.3162

       Nothing in this section requires a chartered nonpublic school 3163
to administer any achievement assessment, except for an Ohio 3164
graduation test prescribed by division (B)(1) of section 3301.0710 3165
of the Revised Code, as required by section 3313.612 of the 3166
Revised Code, to any student enrolled in the school who is not a 3167
scholarship student.3168

       (B) A chartered nonpublic school that meets the conditions 3169
specified in division (K)(1)(c) of section 3301.0711 of the 3170
Revised Code shall not be required to administer the elementary 3171
assessments prescribed by division (A) of section 3301.0710 of the 3172
Revised Code.3173

       Sec. 3310.522.  In order to maintain eligibility for a 3174
scholarship under the program, a student shall take each 3175
assessment prescribed by sections 3301.0710 and 3301.0712 of the 3176
Revised Code, unless the student is excused from taking that 3177
assessment under federal law or the student's individualized 3178
education program or the student is enrolled in a chartered 3179
nonpublic school that meets the conditions specified in division 3180
(K)(1)(c) of section 3301.0711 of the Revised Code. 3181

        Each registered private provider that is not subject to 3182
division (K)(1)(a) of section 3301.0711 of the Revised Code and 3183
enrolls a student who is awarded a scholarship under this section 3184
shall administer each assessment prescribed by sections 3301.0710 3185
and 3301.0712 of the Revised Code to that student, unless the 3186
student is excused from taking that assessment or the student is 3187
enrolled in a chartered nonpublic school that meets the conditions 3188
specified in division (K)(1)(c) of section 3301.0711 of the 3189
Revised Code, and shall report to the department the results of 3190
each assessment so administered. 3191

       Nothing in this section requires any chartered nonpublic 3192
school that is a registered private provider to administer any 3193
achievement assessment, except for an Ohio graduation test 3194
prescribed by division (B)(1) of section 3301.0710 of the Revised 3195
Code, as required by section 3313.612 of the Revised Code, to any 3196
student enrolled in the school who is not a scholarship student.3197

       Sec. 3311.24.  (A)(1) Except as provided in division (B) of 3198
this section, the board of education of a city, exempted village, 3199
or local school district shall file with the state board of 3200
education a proposal to transfer territory from such district to 3201
an adjoining city, exempted village, or local school district in 3202
any of the following circumstances:3203

       (a) The district board deems the transfer advisable and, if 3204
the portion of the district proposed to be transferred is five 3205
acres or more, the board has obtained written consent to the 3206
transfer from seventy-five per cent of the owners of parcels of 3207
real property on the tax duplicate within that portion of the 3208
district;3209

       (b) A petition, signed by seventy-five per cent of the 3210
qualified electors residing within that portion of a city, 3211
exempted village, or local school district proposed to be 3212
transferred voting at the last general election, requests such a 3213
transfer;3214

       (c) If no qualified electors reside in that portion of the 3215
district proposed to be transferred, a petition, signed by 3216
seventy-five per cent of the owners of parcels of real property on 3217
the tax duplicate within that portion of the district, requests 3218
such a transfer.3219

       (2) The board of education of the district in which such 3220
proposal originates shall file such proposal, together with a map 3221
showing the boundaries of the territory proposed to be 3222
transferred, with the state board of education prior to the first 3223
day of April in any even-numbered year. The state board of 3224
education may, if it is advisable, provide for a hearing in any 3225
suitable place in any of the school districts affected by such 3226
proposed transfer of territory. The state board of education or 3227
its representatives shall preside at any such hearing.3228

       (3) A board of education of a city, exempted village, or 3229
local school district that receives a petition of transfer signed 3230
by electors of the district under division (A)(1)(b) of this 3231
section shall cause the board of elections to check the 3232
sufficiency of signatures on the petition. A board of education of 3233
a city, exempted village, or local school district that receives 3234
written consent or a petition of transfer signed by owners of 3235
parcels of real property under division (A)(1)(a) or (c) of this 3236
section shall cause the county auditor to check the sufficiency of 3237
signatures on the consent or petition.3238

       (4) Not later than the first day of September the state board 3239
of education shall either approve or disapprove a proposed 3240
transfer of territory filed with it as provided by this section 3241
and shall notify, in writing, the boards of education of the 3242
districts affected by such proposed transfer of territory of its 3243
decision.3244

       If the decision of the state board of education is an 3245
approval of the proposed transfer of territory then the board of 3246
education of the district in which the territory is located shall, 3247
within thirty days after receiving the state board of education's 3248
decision, adopt a resolution transferring the territory and shall 3249
forthwith submit a copy of such resolution to the treasurer of the 3250
board of education of the city, exempted village, or local school 3251
district to which the territory is transferred. Such transfer 3252
shall not be complete however, until:3253

       (a) A resolution accepting the transfer has been passed by a 3254
majority vote of the full membership of the board of education of 3255
the city, exempted village, or local school district to which the 3256
territory is transferred;3257

       (b) AnSubject to section 3311.241 of the Revised Code, if 3258
applicable, an equitable division of the funds and indebtedness 3259
between the districts involved has been made by the board of 3260
education making the transfer;3261

       (c) A map showing the boundaries of the territory transferred 3262
has been filed, by the board of education accepting the transfer, 3263
with the county auditor of each county affected by the transfer.3264

       When such transfer is complete the legal title of the school 3265
property in the territory transferred shall be vested in the board 3266
of education or governing board of the school district to which 3267
the territory is transferred.3268

       (B) Whenever the transfer of territory pursuant to this 3269
section is initiated by a board of education, the board shall, 3270
before filing a proposal for transfer with the state board of 3271
education under this section, make a good faith effort to 3272
negotiate the terms of transfer with any other school district 3273
whose territory would be affected by the transfer. Before the 3274
state board may hold a hearing on the transfer, or approve or 3275
disapprove any such transfer, it must receive the following:3276

       (1) A resolution requesting approval of the transfer passed 3277
by the school district submitting the proposal and, if applicable, 3278
evidence of the consent of affected property owners to the 3279
transfer;3280

       (2) Evidence determined to be sufficient by the state board 3281
to show that good faith negotiations have taken place or that the 3282
district requesting the transfer has made a good faith effort to 3283
hold such negotiations;3284

       (3) If any negotiations took place, a statement signed by all 3285
boards that participated in the negotiations, listing the terms 3286
agreed on and the points on which no agreement could be reached.3287

       Negotiations held pursuant to this section shall be governed 3288
by the rules adopted by the state board under division (D) of 3289
section 3311.06 of the Revised Code. Districts involved in a 3290
transfer under division (B) of this section may agree to share 3291
revenues from the property included in the territory to be 3292
transferred, establish cooperative programs between the 3293
participating districts, and establish mechanisms for the 3294
settlement of any future boundary disputes.3295

       Sec. 3311.241.  (A) In the case of a voluntary transfer of 3296
the territory of a school district in accordance with section 3297
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised 3298
Code, and where the transfer results in the complete consolidation 3299
and dissolution of the transferring district, the net indebtedness 3300
owed to the solvency assistance fund created under section 3316.20 3301
of the Revised Code by the transferring district shall be 3302
canceled, provided that all of the following conditions are 3303
satisfied:3304

       (1) The amount owed by the transferring district to the 3305
solvency assistance fund is greater than or equal to thirty-three 3306
per cent of the transferring school district's operating budget 3307
for the current fiscal year, but does not exceed ten million 3308
dollars.3309

       (2) The transferring district has remained in a state of 3310
fiscal emergency pursuant to section 3316.03 of the Revised Code 3311
during the previous two fiscal years.3312

       (3) The acquiring district is in the same county or in a 3313
county contiguous to the county in which the transferring district 3314
is located.3315

       (4) The acquiring district has voluntarily accepted the 3316
transfer.3317

       (5) The acquiring district has submitted to the state board 3318
of education a five-year written projection of solvency which 3319
takes into account the fiscal effects of acquiring the 3320
transferring district. 3321

       (B) If the conditions in division (A) of this section are 3322
satisfied, the acquiring district shall acquire the transferring 3323
district's territory free and clear of any amount owed by the 3324
transferring district to the solvency assistance fund. However, 3325
the acquiring district shall assume the obligations of all other 3326
liens, encumbrances, and debts of the transferring district.3327

       (C) Upon the making of a transfer pursuant to this section, 3328
the board of education of the transferring district is thereby 3329
abolished, and the district is thereby dissolved.3330

       (D) The director of budget and management may transfer any 3331
available moneys from the general revenue fund, appropriated for 3332
operating payments to schools, into the solvency assistance fund 3333
to replace the amount owed by a transferring school district 3334
forgone under division (A) of this section.3335

       Sec. 3311.25.  (A) Notwithstanding any other provision of 3336
this chapter, two or more city, local, or exempted village school 3337
districts whose territory is primarily located within the same 3338
county may be merged as provided in this section, if the districts 3339
satisfy either of the following conditions:3340

        (1) The territory of the districts is primarily located 3341
within the same county, and that county has a population of less 3342
than one hundred thousand, as determined by the most recent 3343
federal decennial census.3344

       (2) The territory of the districts is located in contiguous 3345
counties, at least one of which has a population of less than one 3346
hundred thousand as determined by the most recent federal 3347
decennial census, and the boundaries of the districts are 3348
contiguous.3349

       (B) A petition may be filed with the board of elections 3350
proposing that two or more school districts whose territory is 3351
primarily located within a county meeting the qualifications of 3352
division (A)(1) or (2) of this section form a commission to study 3353
the proposed merger of the school districts. The3354

       In the case of districts that meet the qualifications of 3355
division (A)(1) of this section, the petition shall be filed with 3356
the board of elections of the county in which the territory of the 3357
districts is primarily located. In the case of districts that meet 3358
the qualifications of division (A)(2) of this section, the 3359
petition shall be filed with the board of elections of the county 3360
with the largest population of all of the counties in which the 3361
territory of the districts is located, as determined by the most 3362
recent federal decennial census.3363

        The petition may be presented in separate petition papers. 3364
Each petition paper shall contain, in concise language, the 3365
purpose of the petition and the names of five electors of each 3366
school district proposed to be merged to serve as commissioners on 3367
the merger study commission. The petition shall be governed by the 3368
rules of section 3501.38 of the Revised Code.3369

       A petition filed under this section shall contain signatures 3370
of electors of each school district proposed to be merged, 3371
numbering not less than ten per cent of the number of electors 3372
residing in that district who voted for the office of governor at 3373
the most recent general election for that office. The petition 3374
shall be filed with the board of elections of the county described 3375
by division (A) of this section. The board of elections of the 3376
county in which the petition is required to be filed shall 3377
ascertain the validity of all signatures on the petition and may 3378
require the assistance of boards of elections of other counties if 3379
any of the school districts proposed to be merged are located 3380
partially or entirely in a county other than the one in which the 3381
petition is required to be filed.3382

       If the board of elections determines that the petition is 3383
sufficient, no other petition may be filed under this section to 3384
propose the merger of a school district proposed to be merged 3385
under the petition that has been determined to be sufficient 3386
unless one of the following occurs:3387

       (1) The petition that has been determined to be sufficient is 3388
rejected by the district's voters under division (C) of this 3389
section.3390

       (2) The petition that has been determined to be sufficient is 3391
approved by the district's voters under division (C) of this 3392
section, but the merger study commission determines that a merger 3393
is not desirable under division (E)(4) of this section.3394

       (3) The petition that has been determined to be sufficient is 3395
approved by the district's voters under division (C) of this 3396
section, but the conditions of merger agreed upon the merger 3397
commission are disapproved by the district's voters under division 3398
(F) of this section.3399

       (C)(1) If the board of elections of the county in which the 3400
petition is required to be filed determines that the petition is 3401
sufficient, the board shall submit the following question for the 3402
approval or rejection of the electors of each school district 3403
proposed to be merged at the next general election occurring at 3404
least ninety days after the date the petition is filed: "Shall a 3405
commission be established to study the proposed merger of any or 3406
all of the school districts in this county and, if a merger is 3407
considered desirable, to draw up a statement of conditions for 3408
that proposed mergerthe proposed merger of ............ (name of 3409
school district in which the question is being voted upon) with 3410
one or more of the following school districts: ............ (names 3411
of the other school districts listed in the petition)?" The ballot 3412
shall include, for each of the school districts proposed to be 3413
merged, the names of the five electors identified in the petition, 3414
who shall constitute the commissioners on behalf of that district.3415

       (2) If any of the school districts for which merger is 3416
proposed are located partially or entirely in a county other than 3417
the one in which the petition is required to be filed, the board 3418
of elections of the county in which the petition is required to be 3419
filed shall, if the petition is found to be sufficient, certify 3420
the sufficiency of that petition and the statement of the issue to 3421
be voted on to the boards of elections of those other counties. 3422
The boards of those other counties shall submit the question of 3423
merging and the names of candidates to be elected to the 3424
commission for the approval or rejection of electors in the 3425
portions of the school districts proposed to be merged or portions 3426
thereof that are located within their respective counties. Upon 3427
the holding of the election, those boards shall certify the 3428
results to the board of elections of the county in which the 3429
petition is required to be filed.3430

       (D) A petition shall not be deemed insufficient for all 3431
school districts proposed to be merged if it contains the 3432
signatures of less than ten per cent of the electors who voted for 3433
the office of governor at the most recent general election for 3434
that office in a particular school district. If the petition 3435
contains a sufficient number of signatures and is otherwise 3436
determined by the board of elections to be sufficient for at least 3437
two school districts proposed to be merged, the board shall submit 3438
the question of the proposed merger for the approval or rejection 3439
of voters under division (C) of this section in each of the 3440
districts for which the petition was determined to be sufficient. 3441
The board shall not submit the question of the proposed merger for 3442
the approval or rejection of voters under division (C) of this 3443
section for any school district for which a petition contains an 3444
insufficient number of signatures or for which the board otherwise 3445
determines the petition to be insufficient.3446

       (E)(1) If the question of forming a merger study commission 3447
as provided in division (C) of this section is approved by a 3448
majority of those voting on it in at least two school districts, 3449
the commission shall be established and the five candidates from 3450
each school district in which the question was approved shall be 3451
elected to the commission to study the proposed merger and to 3452
formulate any conditions of any proposed merger if a merger is 3453
considered desirable after study by the commission. Any school 3454
district that disapproved of the question of forming a merger 3455
study commission by a majority of those voting on it shall not be 3456
included in, and its proposed candidates shall not be elected to, 3457
the commission.3458

       (2) The first meeting of the commission shall be held in the 3459
regular meeting place of the board of county commissioners of the 3460
county in which the petition is required to be filed, at nine a.m. 3461
on the tenth day after the certification of the election by the 3462
last of the respective boards of elections to make such 3463
certification, unless that day is a Saturday, Sunday, or a 3464
holiday, in which case the first meeting shall be held on the next 3465
day thereafter that is not a Saturday, Sunday, or holiday. The 3466
president of the school board of the school district with the 3467
largest population of the districts that approved the question of 3468
forming a merger study commission under division (C) of this 3469
section shall serve as temporary chairperson until permanent 3470
officers are elected. The commission shall immediately elect its 3471
own permanent officers and shall proceed to meet as often as 3472
necessary to study the proposed merger, determine whether a 3473
proposed merger is desirable, and formulate any conditions for any 3474
proposed merger. All meetings of the commission shall be subject 3475
to the requirements of section 121.22 of the Revised Code.3476

       (3) The conditions for a proposed merger may provide for the 3477
election of school board members for the new school district and 3478
any other conditions that a majority of the members of the 3479
commission from each school district find necessary. The 3480
conditions for the proposed merger also may provide that the 3481
merger, if approved, shall not become effective until the date on 3482
which any required changes in state law necessary for the school 3483
district merger to occur become effective.3484

       (4) As soon as the commission determines that a merger is not 3485
desirable or finalizes the conditions for a proposed merger, the 3486
commission shall report this fact, and the name of each school 3487
district proposed for merger in which the majority of the 3488
district's commissioners have agreed to the conditions for merger, 3489
to the board of elections of each of the counties in which the 3490
school districts proposed for merger or portions thereof are 3491
located.3492

       The question shall be submitted to the voters in each school 3493
district in which the majority of the district's commissioners 3494
have agreed to the conditions for merger at the next general 3495
election occurring after the commission is elected. The question 3496
shall not be submitted to the voters in any school district in 3497
which a majority of that district's commissioners have not agreed 3498
to the conditions for merger. The board of elections shall not 3499
submit the conditions for merger to the voters in any district if 3500
the conditions for merger include the merging of any district in 3501
which the majority of that district's commissioners have not 3502
agreed to the conditions for merger.3503

       The boards of elections shall submit the conditions of 3504
proposed merger for the approval or rejection of the electors in 3505
the portions of the school districts proposed to be merged or 3506
portions thereof within their respective counties. Upon the 3507
holding of that election, the boards of elections shall certify 3508
the results to the board of elections of the county in which the 3509
petition is required to be filed.3510

       Regardless of whether the commission succeeds in reaching 3511
agreement, the commission shall cease to exist on the ninetieth 3512
day prior to the next general election after the commission is 3513
elected.3514

       (F) If the conditions of merger agreed upon by the merger 3515
commission are disapproved by a majority of those voting on them 3516
in any school district proposed to be merged, the merger shall not 3517
occur, unless the conditions of merger provide for a merger to 3518
occur without the inclusion of that district and the conditions of 3519
merger are otherwise met. No district in which the conditions of 3520
merger are disapproved by a majority of those voting on them shall 3521
be included in any merger resulting from that election. If the 3522
conditions of merger are approved by a majority of those voting on 3523
them in each school district proposed to be merged, or if the 3524
conditions of merger provide for a merger to occur without the 3525
inclusion of one or more districts in which the conditions of 3526
merger are disapproved by a majority of those voting on them, the 3527
merger shall be effective on the date specified in the conditions 3528
of the merger, unless the conditions of merger specify changes 3529
required to be made in state law for the merger to occur, in which 3530
case the merger shall be effective on the date on which those 3531
changes to state law become effective.3532

       Sec. 3311.251. (A) In the case of a merger of two or more 3533
school districts in accordance with section 3311.25 of the Revised 3534
Code, the net indebtedness owed to the solvency assistance fund 3535
created under section 3316.20 of the Revised Code by a merging 3536
district shall be canceled if that district satisfies all of the 3537
following conditions:3538

       (1) The amount owed by the merging district to the solvency 3539
assistance fund is greater than or equal to thirty-three per cent 3540
of the merging school district's operating budget for the current 3541
fiscal year, but does not exceed ten million dollars.3542

       (2) The merging district has remained in a state of fiscal 3543
emergency pursuant to section 3316.03 of the Revised Code during 3544
the previous two fiscal years.3545

       (3) The district that results from the merger is in the same 3546
county or in a county contiguous to the county in which the 3547
merging district is located.3548

       (4) The district that results from the merger has submitted 3549
to the state board of education a five-year written projection of 3550
solvency which takes into account the fiscal effects of acquiring 3551
the merging district. 3552

       (B) If the conditions in division (A) of this section are 3553
satisfied by a merging district, the district that results from 3554
the merger shall acquire that merging district's territory free 3555
and clear of any amount owed by that merging district to the 3556
solvency assistance fund. However, the district that results from 3557
the merger shall assume the obligations of all other liens, 3558
encumbrances, and debts of that merging district, as well as the 3559
obligations of all of the liens, encumbrances, and debts of all of 3560
the other merging districts that do not satisfy the conditions in 3561
division (A) of this section.3562

       (C) Upon the merger of two or more districts pursuant to this 3563
section, the boards of education of the merging districts are 3564
thereby abolished, and the districts are thereby dissolved.3565

       (D) The director of budget and management may transfer any 3566
available moneys from the general revenue fund, appropriated for 3567
operating payments to schools, into the solvency assistance fund 3568
to replace the amount owed by a merging school district forgone 3569
under division (A) of this section.3570

       Sec. 3311.38.  The state board of education may conduct, or 3571
may direct the superintendent of public instruction to conduct, 3572
studies where there is evidence of need for transfer of local, 3573
exempted village, or city school districts, or parts of any such 3574
districts, to contiguous or noncontiguous local, exempted village, 3575
or city school districts. Such studies shall include a study of 3576
the effect of any proposal upon any portion of a school district 3577
remaining after such proposed transfer. The state board, in 3578
conducting such studies and in making recommendations as a result 3579
thereof, shall consider the possibility of improving school 3580
district organization as well as the desires of the residents of 3581
the school districts which would be affected.3582

       (A) After the adoption of recommendations growing out of any 3583
such study, or upon receipt of a resolution adopted by majority 3584
vote of the full membership of the board of any city, local, or 3585
exempted village school district requesting that the entire 3586
district be transferred to another city, local, or exempted 3587
village school district, the state board may propose by resolution 3588
the transfer of territory, which may consist of part or all of the 3589
territory of a local, exempted village, or city school district to 3590
a contiguous local, exempted village, or city school district.3591

       The state board shall thereupon file a copy of such proposal 3592
with the board of education of each school district whose 3593
boundaries would be altered by the proposal and with the governing 3594
board of any educational service center in which such school 3595
district is located.3596

       The state board may, not less than thirty days following the 3597
adoption of the resolution proposing the transfer of territory, 3598
certify the proposal to the board of elections of the county or 3599
counties in which any of the territory of the proposed district is 3600
located, for the purpose of having the proposal placed on the 3601
ballot at the next general election or at a primary election 3602
occurring not less than ninety days after the adoption of such 3603
resolution.3604

       If any proposal has been previously initiated pursuant to 3605
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 3606
affects any of the territory affected by the proposal of the state 3607
board, the proposal of the state board shall not be placed on the 3608
ballot while the previously initiated proposal is subject to an 3609
election.3610

       Upon certification of a proposal to the board of elections of 3611
any county pursuant to this section, the board of elections of 3612
such county shall make the necessary arrangements for the 3613
submission of such question to the electors of the county 3614
qualified to vote thereon, and the election shall be counted and 3615
canvassed and the results shall be certified in the same manner as 3616
in regular elections for the election of members of a board of 3617
education.3618

       The electors qualified to vote upon a proposal are the 3619
electors residing in the local, exempted village, or city school 3620
districts, containing territory proposed to be transferred.3621

       If the proposed transfer be approved by a majority of the 3622
electors voting on the proposal, the state board, subject to the 3623
approval of the board of education of the district to which the 3624
territory would be transferred, shall make such transfer prior to 3625
the next succeeding July 1.3626

       (B) If a study conducted in accordance with this section 3627
involves a school district with less than four thousand dollars of 3628
assessed value for each pupil in the total student count 3629
determined under section 3317.03 of the Revised Code, the state 3630
board of education, with the approval of the educational service 3631
center governing board, and upon recommendation by the state 3632
superintendent of public instruction, may by resolution transfer 3633
all or any part of such a school district to any city, exempted 3634
village, or local school district which has more than twenty-five 3635
thousand pupils in average daily membership. Such resolution of 3636
transfer shall be adopted only after the board of education of the 3637
receiving school district has adopted a resolution approving the 3638
proposed transfer. For the purposes of this division, the assessed 3639
value shall be as certified in accordance with section 3317.021 of 3640
the Revised Code.3641

       (C) UponSubject to section 3311.241 of the Revised Code, if 3642
applicable, upon the making of a transfer of an entire school 3643
district pursuant to this section, the indebtedness of the 3644
district transferred shall be assumed in full by the acquiring 3645
district and the funds of the district transferred shall be paid 3646
over in full to the acquiring district.3647

       (D) Upon the making of a transfer pursuant to this section, 3648
when only part of a district is transferred, the net indebtedness 3649
of each original district of which only a part is taken by the 3650
acquiring district shall be apportioned between the acquiring 3651
district and the original district in the ratio which the assessed 3652
valuation of the part taken by the acquiring district bears to the 3653
assessed valuation of the original district as of the effective 3654
date of the transfer. As used in this section "net indebtedness" 3655
means the difference between the par value of the outstanding and 3656
unpaid bonds and notes of the school district and the amount held 3657
in the sinking fund and other indebtedness retirement funds for 3658
their redemption.3659

       (E) Upon the making of a transfer pursuant to this section, 3660
when only part of a district is transferred, the funds of the 3661
district from which territory was transferred shall be divided 3662
equitably by the state board between the acquiring district and 3663
that part of the former district remaining after the transfer.3664

       (F) If an entire school district is transferred, the board of 3665
education of such district is thereby abolished. If part of a 3666
school district is transferred, any member of the board of 3667
education who is a legal resident of that part which is 3668
transferred shall thereby cease to be a member of that board.3669

       If an entire school district is transferred, foundation 3670
program moneys accruing to a district accepting school territory 3671
under the provisions of this section shall not be less, in any 3672
year during the next succeeding three years following the 3673
transfer, than the sum of the amounts received by the districts 3674
separately in the year in which the transfer became effective.3675

       Sec. 3311.86.  (A) As used in this section:3676

       (1) "Alliance" means a municipal school district 3677
transformation alliance established as a nonprofit corporation.3678

       (2) "Alliance municipal school district" means a municipal 3679
school district for which an alliance has been created under this 3680
section.3681

       (3) "Partnering community school" means a community school 3682
established under Chapter 3314. of the Revised Code that is 3683
located within the territory of a municipal school district and 3684
that either is sponsored by the district or is a party to an 3685
agreement with the district whereby the district and the community 3686
school endorse each other's programs.3687

       (4) "Transformation alliance education plan" means a plan 3688
prepared by the mayor, and confirmed by the alliance, to transform 3689
public education in the alliance municipal school district to a 3690
system of municipal school district schools and partnering 3691
community schools that will be held to the highest standards of 3692
school performance and student achievement.3693

       (B) If one or more partnering community schools are located 3694
in a municipal school district, the mayor may initiate proceedings 3695
to establish a municipal school district transformation alliance 3696
as a nonprofit corporation under Chapter 1702. of the Revised 3697
Code. The mayor shall have sole authority to appoint the directors 3698
of any alliance created under this section. The directors of the 3699
alliance shall include representatives of all of the following:3700

       (1) The municipal school district;3701

       (2) Partnering community schools;3702

       (3) Members of the community at large, including parents and 3703
educators;3704

       (4) The business community, including business leaders and 3705
foundation leaders.3706

        No one group listed in divisions (B)(1) to (4) of this 3707
section shall comprise a majority of the directors. The mayor 3708
shall be an ex officio director, and serve as the chairperson of 3709
the board of directors, of any alliance created under this 3710
section. If the proceedings are initiated, the mayor shall 3711
identify the directors in the articles of incorporation filed 3712
under section 1702.04 of the Revised Code.3713

       (C)(1) A majority of the members of the board of directors of 3714
the alliance shall constitute a quorum of the board. Any formal 3715
action taken by the board of directors shall take place at a 3716
meeting of the board and shall require the concurrence of a 3717
majority of the members of the board. Meetings of the board of 3718
directors shall be public meetings open to the public at all 3719
times, except that the board and its committees and subcommittees 3720
may hold an executive session, as if it were a public body with 3721
public employees, for any of the purposes for which an executive 3722
session of a public body is permitted under division (G) of 3723
section 121.22 of the Revised Code, notwithstanding that the 3724
alliance is not a public body as defined in that section, and its 3725
employees are not public employees as provided in division (F) of 3726
this section. The board of directors shall establish reasonable 3727
methods whereby any person may determine the time and place of all 3728
of the board's public meetings and by which any person, upon 3729
request, may obtain reasonable advance notification of the board's 3730
public meetings. Provisions for that advance notification may 3731
include, but are not limited to, mailing notices to all 3732
subscribers on a mailing list or mailing notices in 3733
self-addressed, stamped envelopes provided by the person.3734

       (2) All records of the alliance shall be organized and 3735
maintained by the alliance and also filed with the department of 3736
education. The alliance and the department shall make those 3737
records available to the public as though those records were 3738
public records for purposes of Chapter 149. of the Revised Code. 3739
The department shall promptly notify the alliance upon the 3740
department's receipt of any requests for records relating to the 3741
alliance pursuant to section 149.43 of the Revised Code.3742

       (3) The board of directors of the alliance shall establish a 3743
conflicts of interest policy and shall adopt that policy, and any 3744
amendments to the policy, at a meeting of the board held in 3745
accordance with this section.3746

       (D)(1) If an alliance is created under this section, the 3747
alliance shall do all of the following:3748

       (1)(a) Report annually on the performance of all municipal 3749
school district schools and all community schools established 3750
under Chapter 3314. of the Revised Code and located in the 3751
district, using the criteria adopted under division (B) of section 3752
3311.87 of the Revised Code;3753

       (2)(b) Confirm and monitor implementation of the 3754
transformation alliance education plan;3755

       (3)(c) Suggest national education models for and provide 3756
input in the development of new municipal school district schools 3757
and partnering community schools.3758

        (2) If an alliance is created under this section, the 3759
department of education may request alliance comment, or the 3760
alliance independently may offer comment to the department, on the 3761
granting, renewal, or extension of an agreement with a sponsor of 3762
community schools under section 3314.015 of the Revised Code when 3763
the sponsor has existing agreements with a community school 3764
located in an alliance municipal school district. If the alliance 3765
makes comments, those comments shall be considered by the 3766
department prior to making its decision whether to grant, renew, 3767
or extend the agreement.3768

       (3) If an alliance is created under this section, a board of 3769
education of a school district or governing board of an 3770
educational service center may request alliance comment, or the 3771
alliance independently may offer comment to the board or governing 3772
board, on the conversion to a community school of a public school 3773
or a building operated by the governing board of an educational 3774
service center. If the alliance makes comments, those comments 3775
shall be considered by the parties prior to entering into a 3776
preliminary agreement under section 3314.02 of the Revised Code.3777

        For purposes of divisions (D)(2) and (3) of this section, 3778
comments by the alliance shall be based on the criteria 3779
established under division (A) of section 3311.87 of the Revised 3780
Code. 3781

       (E) Divisions (E)(1) to (3) of this section apply to each 3782
community school sponsor that is subject to approval by the 3783
department of education under section 3314.015 of the Revised Code 3784
whose approval under that section is granted or, renewed, or 3785
extended on or after October 1, 2012. Divisions (E)(1) to (3) of 3786
this section do not apply to a sponsor that has been approved by 3787
the department prior to that date, until the sponsor's approval is 3788
renewed or, granted anew, or extended on or after that date.3789

        (1) Before a sponsor to which this section applies may 3790
sponsor new community schools in an alliance municipal school 3791
district, the sponsor shall request recommendation from the 3792
alliance to sponsor community schools in the district.3793

        (2) The alliance shall review the sponsor's application3794
request and shall make a recommendation to the department based on 3795
the standards for sponsors developed under division (A)(2) of 3796
section 3311.87 of the Revised Code. 3797

       (3) The department shall use the standards developed under 3798
division (A)(2) of section 3311.87 of the Revised Code, in 3799
addition to any other requirements of the Revised Code, to review 3800
a sponsor's request and make a final determination, on 3801
recommendation of the alliance, of whether the sponsor may sponsor 3802
new community schools in the alliance municipal school district.3803

        No sponsor shall be required to receive authorization to 3804
sponsor new community schools under division (E)(3) of this 3805
section more than one time. 3806

       (F) Directors, officers, and employees of an alliance are not 3807
public employees or public officials, are not subject to Chapters 3808
124., 145., and 4117. of the Revised Code, and are not "public 3809
officials" or "public servants" as defined in section 2921.01 of 3810
the Revised Code. Membership on the board of directors of an 3811
alliance does not constitute the holding of an incompatible public 3812
office or employment in violation of any statutory or common law 3813
prohibition against the simultaneous holding of more than one 3814
public office or employment. Members of the board of directors of 3815
an alliance are not disqualified from holding any public office by 3816
reason of that membership, and do not forfeit by reason of that 3817
membership the public office or employment held when appointed to 3818
the board, notwithstanding any contrary disqualification or 3819
forfeiture requirement under the Revised Code or the common law of 3820
this state.3821

       (G) The authority to establish an alliance under this section 3822
expires on January 1, 2018. Any alliance established under this 3823
section is terminated, and any related authority granted to the 3824
alliance under this section expires on that date.3825

       Sec. 3313.21.  (A) The board of education of each school 3826
district shall be the sole authority in determining and selecting 3827
all of the following to be used in the schools under its control:3828

       (1) Textbooks, pursuant to section 3329.08 of the Revised 3829
Code, and reading lists;3830

       (2) Instructional materials;3831

       (3) Academic curriculum.3832

       (B) The board of education of each school district may permit 3833
educators to create instructional materials, including textbooks, 3834
that are consistent with the curriculum adopted by the district 3835
board for use in the educators' classrooms.3836

       (C) Nothing in this section is intended to promote or 3837
encourage the utilization of any particular text or source 3838
material on a statewide basis.3839

       Sec. 3313.212. The board of education of each school district 3840
shall provide an opportunity for parents to review the selection 3841
of textbooks and reading lists, instructional materials, and the 3842
academic curriculum used by schools in the district. The board 3843
shall establish a parental advisory committee or another method 3844
for review, as determined appropriate by the board, to meet this 3845
requirement.3846

       Sec. 3313.372.  (A) As used in this section, "energy 3847
conservation measure" means an installation or modification of an 3848
installation in, or remodeling of, a building, to reduce energy 3849
consumption. It includes:3850

       (1) Insulation of the building structure and systems within 3851
the building;3852

       (2) Storm windows and doors, multiglazed windows and doors, 3853
heat absorbing or heat reflective glazed and coated window and 3854
door systems, additional glazing, reductions in glass area, and 3855
other window and door system modifications that reduce energy 3856
consumption;3857

       (3) Automatic energy control systems;3858

       (4) Heating, ventilating, or air conditioning system 3859
modifications or replacements;3860

       (5) Caulking and weatherstripping;3861

       (6) Replacement or modification of lighting fixtures to 3862
increase the energy efficiency of the system without increasing 3863
the overall illumination of a facility, unless such increase in 3864
illumination is necessary to conform to the applicable state or 3865
local building code for the proposed lighting system;3866

       (7) Energy recovery systems;3867

       (8) Cogeneration systems that produce steam or forms of 3868
energy such as heat, as well as electricity, for use primarily 3869
within a building or complex of buildings;3870

       (9) Any other modification, installation, or remodeling 3871
approved by the Ohio school facilities commission as an energy 3872
conservation measure.3873

       (B) A board of education of a city, exempted village, local, 3874
or joint vocational school district may enter into an installment 3875
payment contract for the purchase and installation of energy 3876
conservation measures. The provisions of such installment payment 3877
contracts dealing with interest charges and financing terms shall 3878
not be subject to the competitive bidding requirements of section 3879
3313.46 of the Revised Code, and shall be on the following terms:3880

       (1) Not less than one-fifteenth of the costs thereof shall be 3881
paid within two years from the date of purchase.3882

       (2) The remaining balance of the costs thereof shall be paid 3883
within fifteen years from the date of purchase.3884

       The provisions of any installment payment contract entered 3885
into pursuant to this section shall provide that all payments, 3886
except payments for repairs and obligations on termination of the 3887
contract prior to its expiration, be stated as a percentage of3888
shall not exceed the calculated energy, water, or waste water cost 3889
savings, avoided operating costs, and avoided capital costs 3890
attributable to the one or more measures over a defined period of 3891
time. Those payments shall be made only to the extent that the 3892
savings described in this division actually occur. The contractor 3893
shall warrant and guarantee that the energy conservation measures 3894
shall realize guaranteed savings and shall be responsible to pay 3895
an amount equal to any savings shortfall.3896

       An installment payment contract entered into by a board of 3897
education under this section shall require the board to contract 3898
in accordance with division (A) of section 3313.46 of the Revised 3899
Code for the installation, modification, or remodeling of energy 3900
conservation measures unless division (A) of section 3313.46 of 3901
the Revised Code does not apply pursuant to division (B)(3) of 3902
that section, in which case the contract shall be awarded through 3903
a competitive selection process pursuant to rules adopted by the 3904
school facilities commission.3905

       An installment payment contract entered into by a board of 3906
education under this section may include services for measurement 3907
and verification of energy savings associated with the guarantee. 3908
The annual cost of measurement and verification services shall not 3909
exceed ten per cent of the guaranteed savings in any year of the 3910
installment payment contract.3911

       (C) The board may issue the notes of the school district 3912
signed by the president and the treasurer of the board and 3913
specifying the terms of the purchase and securing the deferred 3914
payments provided in this section, payable at the times provided 3915
and bearing interest at a rate not exceeding the rate determined 3916
as provided in section 9.95 of the Revised Code. The notes may 3917
contain an option for prepayment and shall not be subject to 3918
Chapter 133. of the Revised Code. In the resolution authorizing 3919
the notes, the board may provide, without the vote of the electors 3920
of the district, for annually levying and collecting taxes in 3921
amounts sufficient to pay the interest on and retire the notes, 3922
except that the total net indebtedness of the district without a 3923
vote of the electors incurred under this and all other sections of 3924
the Revised Code, except section 3318.052 of the Revised Code, 3925
shall not exceed one per cent of the district's tax valuation. 3926
Revenues derived from local taxes or otherwise, for the purpose of 3927
conserving energy or for defraying the current operating expenses 3928
of the district, may be applied to the payment of interest and the 3929
retirement of such notes. The notes may be sold at private sale or 3930
given to the contractor under the installment payment contract 3931
authorized by division (B) of this section.3932

       (D) Debt incurred under this section shall not be included in 3933
the calculation of the net indebtedness of a school district under 3934
section 133.06 of the Revised Code.3935

       (E) No school district board shall enter into an installment 3936
payment contract under division (B) of this section unless it 3937
first obtains a report of the costs of the energy conservation 3938
measures and the savings thereof as described under division (G) 3939
of section 133.06 of the Revised Code as a requirement for issuing 3940
energy securities, makes a finding that the amount spent on such 3941
measures is not likely to exceed the amount of money it would save 3942
in energy costs and resultant operational and maintenance costs as 3943
described in that division, except that that finding shall cover 3944
the ensuing fifteen years, and the Ohio school facilities 3945
commission determines that the district board's findings are 3946
reasonable and approves the contract as described in that 3947
division.3948

       The district board shall monitor the savings and maintain a 3949
report of those savings, which shall be submitted to the 3950
commission in the same manner as required by division (G) of 3951
section 133.06 of the Revised Code in the case of energy 3952
securities.3953

       Sec. 3313.536.  (A) As used in this section:3954

       (1) "Administrator" means the superintendent, principal, or 3955
chief administrative officer, or equivalent, or other person 3956
having supervisory authority of any of the following:3957

       (a) A city, exempted village, local, or joint vocational 3958
school district;3959

       (b) A community school established under Chapter 3314. of the 3960
Revised Code, as required through reference in division (A)(11)(d) 3961
of section 3314.03 of the Revised Code;3962

       (c) A STEM school established under Chapter 3326. of the 3963
Revised Code, as required through reference in section 3326.11 of 3964
the Revised Code;3965

       (d) A district or school operating a career-technical 3966
education program approved by the department of education under 3967
section 3317.161 of the Revised Code;3968

       (e) A chartered nonpublic school;3969

       (f) An educational service center;3970

       (g) A school or facility operating a program that serves 3971
children with a scholarship under the autism scholarship program, 3972
under section 3310.41 of the Revised Code, or the Jon Peterson 3973
special needs scholarship program, under sections 3310.51 to 3974
3310.64 of the Revised Code;3975

       (h) A privately operated child day-care center; 3976

       (i) A preschool that is subject to regulation by the 3977
department of education;3978

       (j) Any other facility primarily serving children that is 3979
subject to regulation by the department of education.3980

       (2) "Emergency management test" means a regularly scheduled 3981
drill, exercise, or activity designed to assess and evaluate an 3982
emergency management plan under this section.3983

       (3) "School" means any school, facility, center, or preschool 3984
described in divisions (A)(1)(a) to (j) of this section. 3985

       (B)(1) Each administrator shall develop and adopt a 3986
comprehensive emergency management plan for each school building 3987
under the administrator's control. The administrator shall examine 3988
the environmental conditions and operations of each building to 3989
determine potential hazards to student and staff safety and shall 3990
propose operating changes to promote the prevention of potentially 3991
dangerous problems and circumstances. In developing the plan for 3992
each building, the administrator shall involve community law 3993
enforcement and safety officials, parents of students who are 3994
assigned to the building, and teachers and nonteaching employees 3995
who are assigned to the building. The administrator shall consider 3996
incorporating remediation strategies into the plan for any 3997
building where documented safety problems have occurred.3998

       (2) Each administrator shall also incorporate into the 3999
emergency management plan adopted under division (B)(1) of this 4000
section all of the following:4001

       (a) A protocol for addressing serious threats to the safety 4002
of school property, students, employees, or administrators;4003

       (b) A protocol for responding to any emergency events that 4004
occur and compromise the safety of school property, students, 4005
employees, or administrators;4006

       (c) A floor plan that is unique to each floor of the school 4007
building;4008

       (d) A site plan that includes all school property and 4009
surrounding property;4010

       (e) An emergency contact information sheet. 4011

       (3) Each protocol described in divisions (B)(2)(a) and (b) of 4012
this section shall include procedures determined to be appropriate 4013
by the administrator for responding to threats and emergency 4014
events, respectively, including such things as notification of 4015
appropriate law enforcement personnel, calling upon specified 4016
emergency response personnel for assistance, and informing parents 4017
of affected students.4018

        Prior to the first day of July of each year, the 4019
administrator shall inform each student or child enrolled in the 4020
school and the student's or child's parent of the parental 4021
notification procedures included in the protocol.4022

       (4) Each administrator shall keep a copy of the emergency 4023
management plan adopted pursuant to this section in a secure 4024
place.4025

       (C)(1) Not later than December 31, 2014, each administrator 4026
shall submit to the department of education, in accordance with 4027
rules adopted by the state board of education pursuant to division 4028
(F) of this section, an electronic copy of the emergency 4029
management plan prescribed by division (B) of this section. 4030

       (2) Not later than a date prescribed by the department of 4031
education, each administrator also shall file a copy of the plan 4032
with each law enforcement agency that has jurisdiction over the 4033
school building and, upon request, to any of the following:4034

       (a) The fire department that serves the political subdivision 4035
in which the building is located;4036

       (b) The emergency medical service organization that serves 4037
the political subdivision in which the building is located;4038

       (c) The county emergency management agency for the county in 4039
which the building is located.4040

       (3) Not later than thirty days after receiving an emergency 4041
management plan from an administrator, the department of education 4042
shall file a copy of the administrator's plan, in accordance with 4043
rules adopted by the state board of education pursuant to division 4044
(F) of this section, with both of the following:4045

       (a) The attorney general, who shall post that information on 4046
the Ohio law enforcement gateway or the successor;4047

       (b) The director of public safety, who shall post the 4048
information on the contact and information management system.4049

       (4) Any department or entity to which copies of an emergency 4050
management plan are filed under this section shall keep the copies 4051
in a secure place.4052

       (D)(1) Not later than the first day of July of each year, 4053
each administrator shall review the emergency management plan and 4054
send written notification to the department of education 4055
certifying that the plan is current and accurate. 4056

       (2) Each administrator shall update the emergency management 4057
plan at least once every three years. Each administrator also 4058
shall update the plan whenever either of the following occurs:4059

       (a) A major modification to the school building requires 4060
changes to the plan.4061

       (b) Information on the emergency contact information sheet is 4062
no longer accurate and requires changes to the plan. 4063

       (3) Anytime that an administrator updates the emergency 4064
management plan pursuant to division (D) of this section, the 4065
administrator shall file copies, not later than the thirtieth day 4066
after the revision is adopted and in accordance with rules adopted 4067
by the state board pursuant to division (F) of this section, to 4068
the department of education and to any entity with which the 4069
administrator filed a copy under division (C)(2) of this section. 4070

       (E) Each administrator shall do both of the following:4071

       (1) Prepare and conduct at least one annual emergency 4072
management test, as defined in division (A)(2) of this section, in 4073
accordance with rules adopted by the state board pursuant to 4074
division (F) of this section;4075

       (2) Grant access to each building under the control of the 4076
administrator to law enforcement personnel and to entities 4077
described in division (C)(2) of this section, to enable the 4078
personnel and entities to hold training sessions for responding to 4079
threats and emergency events affecting the school building, 4080
provided that the access occurs outside of student instructional 4081
hours and an employee of the administrator is present in the 4082
building during the training sessions.4083

       (F) The state board of education, in accordance with Chapter 4084
119. of the Revised Code, shall adopt rules regarding emergency 4085
management plans under this section, including the content of the 4086
plans and procedures for filing the plans. The rules shall specify 4087
that plans and information required under division (B) of this 4088
section be submitted on standardized forms developed by the 4089
department of education for such purpose. The rules shall also 4090
specify the requirements and procedures for emergency management 4091
tests conducted pursuant to division (E)(1) of this section. 4092

       (G) Division (B) of section 3319.31 of the Revised Code 4093
applies to any administrator who is subject to the requirements of 4094
this section and is not exempt under division (H) of this section 4095
and who is an applicant for a license or holds a license from the 4096
state board pursuant to section 3319.22 of the Revised Code.4097

       (H) The superintendent of public instruction may exempt any 4098
administrator from the requirements of this section, if the 4099
superintendent determines that the requirements do not otherwise 4100
apply to the school buildings under the control of that 4101
administrator.4102

       (I) Copies of the emergency management plan and information 4103
required under division (B) of this section are security records 4104
and are not public records pursuant to section 149.433 of the 4105
Revised Code. In addition, the information posted to the contact 4106
and information management system, pursuant to division (C)(3)(b) 4107
of this section, is exempt from public disclosure or release in 4108
accordance with sections 149.43, 149.433, and 5502.03 of the 4109
Revised Code.4110

       Notwithstanding section 149.433 of the Revised Code, a school 4111
building floor plan filed with the attorney general pursuant to 4112
this section is not a public record to the extent it is a record 4113
kept by the attorney general.4114

       Sec. 3313.537.  (A) As used in this section, "extracurricular 4115
activity" means a pupil activity program that a school or school 4116
district operates and is not included in the school district's 4117
graded course of study, including an interscholastic 4118
extracurricular activity that a school or school district sponsors 4119
or participates in and that has participants from more than one 4120
school or school district.4121

        (B)(1) A student in grades seven to twelve who is enrolled in 4122
a community school established under Chapter 3314. of the Revised 4123
Code that is sponsored by the city, local, or exempted village 4124
school district in which the student is entitled to attend school 4125
pursuant to section 3313.64 or 3313.65 of the Revised Code shall 4126
be afforded the opportunity to participate in any extracurricular 4127
activities offered at the traditional public school that is 4128
operated by the school district and to which the student otherwise 4129
would be assigned. If more than one such school operated by the 4130
school district serves the student's grade level, the student 4131
shall be afforded the opportunity to participate in any 4132
extracurricular activities offered at the school to which the 4133
student would be assigned by the district superintendent pursuant 4134
to section 3319.01 of the Revised Code.4135

       (2) A student who is enrolled inor in a science, technology, 4136
engineering, and mathematics school established under Chapter 4137
3326. of the Revised Code shall not be prohibited from 4138
participating in any extracurricular activities offered at the 4139
traditional public school that is operated by the school district 4140
in which the student is entitled to attend school pursuant to 4141
section 3313.64 or 3313.65 of the Revised Code and to which the 4142
student otherwise would be assigned. If more than one such school 4143
operated by the school district serves the student's grade level, 4144
the student shall be afforded the opportunity to participate in 4145
any extracurricular activities offered at the school to which the 4146
student would be assigned by the district superintendent pursuant 4147
to section 3319.01 of the Revised Codebe afforded, by the 4148
superintendent of the school district in which the student is 4149
entitled to attend school under section 3313.64 or 3313.65 of the 4150
Revised Code, the opportunity to participate in that 4151
extracurricular activity at the district school to which the 4152
student otherwise would be assigned during that school year. If 4153
more than one school operated by the school district serves the 4154
student's grade level, as determined by the district 4155
superintendent based on the student's age and academic 4156
performance, the student shall be afforded the opportunity to 4157
participate in that extracurricular activity at the school to 4158
which the student would be assigned by the superintendent under 4159
section 3319.01 of the Revised Code.4160

       (2) The superintendent of any school district may afford any 4161
student enrolled in community school or science, technology, 4162
engineering, and mathematics school, and who is not entitled to 4163
attend school in the district under section 3313.64 or 3313.65 of 4164
the Revised Code, the opportunity to participate in an 4165
extracurricular activity offered by a school of the district, if 4166
both of the following apply:4167

       (a) The school in which the student is enrolled does not 4168
offer the extracurricular activity.4169

        (b) The extracurricular activity is not interscholastic 4170
athletics or interscholastic contests or competition in music, 4171
drama, or forensics.4172

        (C) In order to participate in any extracurricular activity 4173
under this section, the student shall be of the appropriate age 4174
and grade level, as determined by the superintendent of the 4175
district, for the school that offers the extracurricular activity, 4176
and shall fulfill the same academic, nonacademic, and financial 4177
requirements as any other participant, including the rules and 4178
policies adopted by the school district under section 3313.535 of 4179
the Revised Code. The school district board of education may 4180
require a community school student to enroll and participate in no 4181
more than one academic course at the school offering the 4182
extracurricular activity as a condition to participating in the 4183
activity. In that case, the board shall admit students seeking to 4184
enroll in an academic course to fulfill the requirement as space 4185
allows after first enrolling students assigned to that school.4186

        (D) No school district board of education shall take any 4187
action contrary to the provisions of this section.4188

       (E) No school or school district shall impose additional 4189
rules on a student to participate under this section that do not 4190
apply to other students participating in the same extracurricular 4191
activity. No school or school district shall impose fees for a 4192
student to participate under this section that exceed any fees 4193
charged to other students participating in the same 4194
extracurricular activity.4195

        (F) No school district, interscholastic conference, or 4196
organization that regulates interscholastic conferences or events 4197
shall require a student who is eligible to participate in 4198
extracurricular activities under this section to meet eligibility 4199
requirements that conflict with this section.4200

       Sec. 3313.539. (A) As used in this section, "physician":4201

       (1) "Physician" means a person authorized under Chapter 4731. 4202
of the Revised Code to practice medicine and surgery or 4203
osteopathic medicine and surgery.4204

       (2) "Licensed health care professional" means an individual, 4205
other than a physician, who is authorized under Title XLVII of the 4206
Revised Code to practice a health care profession.4207

       (B) No school district board of education or governing 4208
authority of a chartered or nonchartered nonpublic school shall 4209
permit a student to practice for or compete in interscholastic 4210
athletics until the student has submitted, to a school official 4211
designated by the board or governing authority, a form signed by 4212
the parent, guardian, or other person having care or charge of the 4213
student stating that the student and the parent, guardian, or 4214
other person having care or charge of the student have received 4215
the concussion and head injury information sheet required by 4216
section 3707.52 of the Revised Code. A completed form shall be 4217
submitted each school year, as defined in section 3313.62 of the 4218
Revised Code, for each sport or other category of interscholastic 4219
athletics for or in which the student practices or competes.4220

       (C)(1) No school district board of education or governing 4221
authority of a chartered or nonchartered nonpublic school shall 4222
permit an individual to coach interscholastic athletics unless the 4223
individual holds a pupil-activity program permit issued under 4224
section 3319.303 of the Revised Code for coaching interscholastic 4225
athletics.4226

       (2) No school district board of education or governing 4227
authority of a chartered or nonchartered nonpublic school shall 4228
permit an individual to referee interscholastic athletics unless 4229
the individual holds a pupil-activity program permit issued under 4230
section 3319.303 of the Revised Code for coaching interscholastic 4231
athletics or presents evidence that the individual has 4232
successfully completed, within the previous three years, a 4233
training program in recognizing the symptoms of concussions and 4234
head injuries to which the department of health has provided a 4235
link on its internet web site under section 3707.52 of the Revised 4236
Code or a training program authorized and required by an 4237
organization that regulates interscholastic athletic competition 4238
and conducts interscholastic athletic events.4239

       (D) If a student practicing for or competing in an 4240
interscholastic athletic event exhibits signs, symptoms, or 4241
behaviors consistent with having sustained a concussion or head 4242
injury while participating in the practice or competition, the 4243
student shall be removed from the practice or competition by 4244
either of the following:4245

        (1) The individual who is serving as the student's coach 4246
during that practice or competition;4247

        (2) An individual who is serving as a referee during that 4248
practice or competition.4249

       (E)(1) If a student is removed from practice or competition 4250
under division (D) of this section, the coach or referee who 4251
removed the student shall not allow the student, on the same day 4252
the student is removed, to return to that practice or competition 4253
or to participate in any other practice or competition for which 4254
the coach or referee is responsible. Thereafter, the coach or 4255
referee shall not allow the student to return to that practice or 4256
competition or to participate in any other practice or competition 4257
for which the coach or referee is responsible until both of the 4258
following conditions are satisfied:4259

       (a) The student's condition is assessed by eitherany of the 4260
following who has complied with the requirements in division 4261
(E)(4) of this section:4262

       (i) A physician;4263

        (ii) Any otherA licensed health care providerprofessional4264
the school district board of education or governing authority of 4265
the chartered or nonchartered nonpublic school, pursuant to 4266
division (E)(2) of this section, authorizes to assess a student 4267
who has been removed from practice or competition under division 4268
(D) of this section;4269

       (iii) A licensed health care professional who meets the 4270
minimum education and continuing education requirements 4271
established by rules adopted under section 3707.521 of the Revised 4272
Code.4273

       (b) The student receives written clearance that it is safe 4274
for the student to return to practice or competition from athe4275
physician or from another licensed health care provider 4276
authorized pursuant to division (E)(2) of this section to grant 4277
the clearanceprofessional who assessed the student's condition.4278

       (2) A school district board of education or governing 4279
authority of a chartered or nonchartered nonpublic school may 4280
authorize a licensed health care provider who is not a physician4281
professional to make an assessment or grant a clearance for 4282
purposes of division (E)(1) of this section only if the provider4283
professional is acting in accordance with one of the following, as 4284
applicable to the provider'sprofessional's authority to practice 4285
in this state:4286

       (a) In consultation with a physician;4287

       (b) Pursuant to the referral of a physician;4288

       (c) In collaboration with a physician;4289

       (d) Under the supervision of a physician.4290

       (3) A physician or other licensed health care provider4291
professional who makes an assessment or grants a clearance for 4292
purposes of division (E)(1) of this section may be a volunteer.4293

       (4) Beginning one hundred eighty days after the effective 4294
date of this amendment, all physicians and licensed health care 4295
professionals who conduct assessments and clearances under 4296
division (E)(1) of this section must meet the minimum education 4297
and continuing education requirements established by rules adopted 4298
under section 3707.521 of the Revised Code.4299

       (F) A school district board of education or governing 4300
authority of a chartered or nonchartered nonpublic school that is 4301
subject to the rules of an interscholastic conference or an 4302
organization that regulates interscholastic athletic competition 4303
and conducts interscholastic athletic events shall be considered 4304
to be in compliance with divisions (B), (D), and (E) of this 4305
section, as long as the requirements of those rules are 4306
substantially similar to the requirements of divisions (B), (D), 4307
and (E) of this section.4308

       (G)(1) A school district, member of a school district board 4309
of education, or school district employee or volunteer, including 4310
a coach or referee, is not liable in damages in a civil action for 4311
injury, death, or loss to person or property allegedly arising 4312
from providing services or performing duties under this section, 4313
unless the act or omission constitutes willful or wanton 4314
misconduct.4315

       This section does not eliminate, limit, or reduce any other 4316
immunity or defense that a school district, member of a school 4317
district board of education, or school district employee or 4318
volunteer, including a coach or referee, may be entitled to under 4319
Chapter 2744. or any other provision of the Revised Code or under 4320
the common law of this state.4321

       (2) A chartered or nonchartered nonpublic school or any 4322
officer, director, employee, or volunteer of the school, including 4323
a coach or referee, is not liable in damages in a civil action for 4324
injury, death, or loss to person or property allegedly arising 4325
from providing services or performing duties under this section, 4326
unless the act or omission constitutes willful or wanton 4327
misconduct.4328

       Sec. 3313.603.  (A) As used in this section:4329

       (1) "One unit" means a minimum of one hundred twenty hours of 4330
course instruction, except that for a laboratory course, "one 4331
unit" means a minimum of one hundred fifty hours of course 4332
instruction.4333

       (2) "One-half unit" means a minimum of sixty hours of course 4334
instruction, except that for physical education courses, "one-half 4335
unit" means a minimum of one hundred twenty hours of course 4336
instruction.4337

       (B) Beginning September 15, 2001, except as required in 4338
division (C) of this section and division (C) of section 3313.614 4339
of the Revised Code, the requirements for graduation from every 4340
high school shall include twenty units earned in grades nine 4341
through twelve and shall be distributed as follows:4342

       (1) English language arts, four units;4343

       (2) Health, one-half unit;4344

       (3) Mathematics, three units;4345

       (4) Physical education, one-half unit;4346

       (5) Science, two units until September 15, 2003, and three 4347
units thereafter, which at all times shall include both of the 4348
following:4349

       (a) Biological sciences, one unit;4350

       (b) Physical sciences, one unit.4351

       (6) History and government, one unit, which shall comply with 4352
division (M) of this section and shall include both of the 4353
following:4354

       (a) American history, one-half unit;4355

       (b) American government, one-half unit.4356

       (7) Social studies, two units.4357

       (8) Elective units, seven units until September 15, 2003, and 4358
six units thereafter.4359

       Each student's electives shall include at least one unit, or 4360
two half units, chosen from among the areas of 4361
business/technology, fine arts, and/or foreign language.4362

       (C) Beginning with students who enter ninth grade for the 4363
first time on or after July 1, 2010, except as provided in 4364
divisions (D) to (F) of this section, the requirements for 4365
graduation from every public and chartered nonpublic high school 4366
shall include twenty units that are designed to prepare students 4367
for the workforce and college. The units shall be distributed as 4368
follows:4369

       (1) English language arts, four units;4370

       (2) Health, one-half unit, which shall include instruction in 4371
nutrition and the benefits of nutritious foods and physical 4372
activity for overall health;4373

       (3) Mathematics, four units, which shall include one unit of 4374
algebra II or the equivalent of algebra II;4375

       (4) Physical education, one-half unit;4376

       (5) Science, three units with inquiry-based laboratory 4377
experience that engages students in asking valid scientific 4378
questions and gathering and analyzing information, which shall 4379
include the following, or their equivalent:4380

       (a) Physical sciences, one unit;4381

       (b) Life sciences, one unit;4382

       (c) Advanced study in one or more of the following sciences, 4383
one unit:4384

       (i) Chemistry, physics, or other physical science;4385

       (ii) Advanced biology or other life science;4386

       (iii) Astronomy, physical geology, or other earth or space 4387
science.4388

       (6) History and government, one unit, which shall comply with 4389
division (M) of this section and shall include both of the 4390
following:4391

       (a) American history, one-half unit;4392

       (b) American government, one-half unit.4393

       (7) Social studies, two units.4394

       Each school shall integrate the study of economics and 4395
financial literacy, as expressed in the social studies academic 4396
content standards adopted by the state board of education under 4397
division (A)(1) of section 3301.079 of the Revised Code and the 4398
academic content standards for financial literacy and 4399
entrepreneurship adopted under division (A)(2) of that section, 4400
into one or more existing social studies credits required under 4401
division (C)(7) of this section, or into the content of another 4402
class, so that every high school student receives instruction in 4403
those concepts. In developing the curriculum required by this 4404
paragraph, schools shall use available public-private partnerships 4405
and resources and materials that exist in business, industry, and 4406
through the centers for economics education at institutions of 4407
higher education in the state.4408

       (8) Five units consisting of one or any combination of 4409
foreign language, fine arts, business, career-technical education, 4410
family and consumer sciences, technology, agricultural education, 4411
a junior reserve officer training corps (JROTC) program approved 4412
by the congress of the United States under title 10 of the United 4413
States Code, or English language arts, mathematics, science, or 4414
social studies courses not otherwise required under division (C) 4415
of this section.4416

       Ohioans must be prepared to apply increased knowledge and 4417
skills in the workplace and to adapt their knowledge and skills 4418
quickly to meet the rapidly changing conditions of the 4419
twenty-first century. National studies indicate that all high 4420
school graduates need the same academic foundation, regardless of 4421
the opportunities they pursue after graduation. The goal of Ohio's 4422
system of elementary and secondary education is to prepare all 4423
students for and seamlessly connect all students to success in 4424
life beyond high school graduation, regardless of whether the next 4425
step is entering the workforce, beginning an apprenticeship, 4426
engaging in post-secondary training, serving in the military, or 4427
pursuing a college degree.4428

        The Ohio core curriculum isrequirements for graduation 4429
prescribed in division (C) of this section are the standard 4430
expectation for all students entering ninth grade for the first 4431
time at a public or chartered nonpublic high school on or after 4432
July 1, 2010. A student may satisfy this expectation through a 4433
variety of methods, including, but not limited to, integrated, 4434
applied, career-technical, and traditional coursework.4435

       Whereas teacher quality is essential for student success in4436
when completing the Ohio core curriculumrequirements for 4437
graduation, the general assembly shall appropriate funds for 4438
strategic initiatives designed to strengthen schools' capacities 4439
to hire and retain highly qualified teachers in the subject areas 4440
required by the curriculum. Such initiatives are expected to 4441
require an investment of $120,000,000 over five years.4442

       Stronger coordination between high schools and institutions 4443
of higher education is necessary to prepare students for more 4444
challenging academic endeavors and to lessen the need for academic 4445
remediation in college, thereby reducing the costs of higher 4446
education for Ohio's students, families, and the state. The state 4447
board and the chancellor of the Ohio board of regents shall 4448
develop policies to ensure that only in rare instances will 4449
students who complete the Ohio core curriculumrequirements for 4450
graduation prescribed in division (C) of this section require 4451
academic remediation after high school.4452

       School districts, community schools, and chartered nonpublic 4453
schools shall integrate technology into learning experiences 4454
across the curriculum in order to maximize efficiency, enhance 4455
learning, and prepare students for success in the 4456
technology-driven twenty-first century. Districts and schools 4457
shall use distance and web-based course delivery as a method of 4458
providing or augmenting all instruction required under this 4459
division, including laboratory experience in science. Districts 4460
and schools shall utilize technology access and electronic 4461
learning opportunities provided by the broadcast educational media 4462
commission, chancellor, the Ohio learning network, education 4463
technology centers, public television stations, and other public 4464
and private providers.4465

       (D) Except as provided in division (E) of this section, a 4466
student who enters ninth grade on or after July 1, 2010, and 4467
before July 1, 20142016, may qualify for graduation from a public 4468
or chartered nonpublic high school even though the student has not 4469
completed the Ohio core curriculumrequirements for graduation4470
prescribed in division (C) of this section if all of the following 4471
conditions are satisfied:4472

       (1) After the student has attended high school for two years, 4473
as determined by the school, the student and the student's parent, 4474
guardian, or custodian sign and file with the school a written 4475
statement asserting the parent's, guardian's, or custodian's 4476
consent to the student's graduating without completing the Ohio 4477
core curriculumrequirements for graduation prescribed in division 4478
(C) of this section and acknowledging that one consequence of not 4479
completing the Ohio core curriculumthose requirements is 4480
ineligibility to enroll in most state universities in Ohio without 4481
further coursework.4482

       (2) The student and parent, guardian, or custodian fulfill 4483
any procedural requirements the school stipulates to ensure the 4484
student's and parent's, guardian's, or custodian's informed 4485
consent and to facilitate orderly filing of statements under 4486
division (D)(1) of this section.4487

       (3) The student and the student's parent, guardian, or 4488
custodian and a representative of the student's high school 4489
jointly develop an individual careera student success plan for 4490
the student in the manner described in division (C)(1) of section 4491
3313.6020 of the Revised Code that specifies the student 4492
matriculating to a two-year degree program, acquiring a business 4493
and industry credential, or entering an apprenticeship.4494

       (4) The student's high school provides counseling and support 4495
for the student related to the plan developed under division 4496
(D)(3) of this section during the remainder of the student's high 4497
school experience.4498

       (5) The student successfully completes, at a minimum, the 4499
curriculum prescribed in division (B) of this section.4500

       The department of education, in collaboration with the 4501
chancellor, shall analyze student performance data to determine if 4502
there are mitigating factors that warrant extending the exception 4503
permitted by division (D) of this section to high school classes 4504
beyond those entering ninth grade before July 1, 20142016. The 4505
department shall submit its findings and any recommendations not 4506
later than August 1, 20142016, to the speaker and minority leader 4507
of the house of representatives, the president and minority leader 4508
of the senate, the chairpersons and ranking minority members of 4509
the standing committees of the house of representatives and the 4510
senate that consider education legislation, the state board of 4511
education, and the superintendent of public instruction.4512

       (E) Each school district and chartered nonpublic school 4513
retains the authority to require an even more rigorouschallenging4514
minimum curriculum for high school graduation than specified in 4515
division (B) or (C) of this section. A school district board of 4516
education, through the adoption of a resolution, or the governing 4517
authority of a chartered nonpublic school may stipulate any of the 4518
following:4519

        (1) A minimum high school curriculum that requires more than 4520
twenty units of academic credit to graduate;4521

        (2) An exception to the district's or school's minimum high 4522
school curriculum that is comparable to the exception provided in 4523
division (D) of this section but with additional requirements, 4524
which may include a requirement that the student successfully 4525
complete more than the minimum curriculum prescribed in division 4526
(B) of this section;4527

        (3) That no exception comparable to that provided in division 4528
(D) of this section is available.4529

       (F) A student enrolled in a dropout prevention and recovery 4530
program, which program has received a waiver from the department, 4531
may qualify for graduation from high school by successfully 4532
completing a competency-based instructional program administered 4533
by the dropout prevention and recovery program in lieu of 4534
completing the Ohio core curriculumrequirements for graduation4535
prescribed in division (C) of this section. The department shall 4536
grant a waiver to a dropout prevention and recovery program, 4537
within sixty days after the program applies for the waiver, if the 4538
program meets all of the following conditions:4539

       (1) The program serves only students not younger than sixteen 4540
years of age and not older than twenty-one years of age.4541

       (2) The program enrolls students who, at the time of their 4542
initial enrollment, either, or both, are at least one grade level 4543
behind their cohort age groups or experience crises that 4544
significantly interfere with their academic progress such that 4545
they are prevented from continuing their traditional programs.4546

       (3) The program requires students to attain at least the 4547
applicable score designated for each of the assessments prescribed 4548
under division (B)(1) of section 3301.0710 of the Revised Code or, 4549
to the extent prescribed by rule of the state board under division 4550
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 4551
of that section.4552

       (4) The program develops an individual careera student 4553
success plan for the student in the manner described in division 4554
(C)(1) of section 3313.6020 of the Revised Code that specifies the 4555
student's matriculating to a two-year degree program, acquiring a 4556
business and industry credential, or entering an apprenticeship.4557

       (5) The program provides counseling and support for the 4558
student related to the plan developed under division (F)(4) of 4559
this section during the remainder of the student's high school 4560
experience.4561

       (6) The program requires the student and the student's 4562
parent, guardian, or custodian to sign and file, in accordance 4563
with procedural requirements stipulated by the program, a written 4564
statement asserting the parent's, guardian's, or custodian's 4565
consent to the student's graduating without completing the Ohio 4566
core curriculumrequirements for graduation prescribed in division 4567
(C) of this section and acknowledging that one consequence of not 4568
completing the Ohio core curriculumthose requirements is 4569
ineligibility to enroll in most state universities in Ohio without 4570
further coursework.4571

       (7) Prior to receiving the waiver, the program has submitted 4572
to the department an instructional plan that demonstrates how the 4573
academic content standards adopted by the state board under 4574
section 3301.079 of the Revised Code will be taught and assessed.4575

       (8) Prior to receiving the waiver, the program has submitted 4576
to the department a policy on career advising that satisfies the 4577
requirements of section 3313.6020 of the Revised Code, with an 4578
emphasis on how every student will receive career advising.4579

       (9) Prior to receiving the waiver, the program has submitted 4580
to the department a written agreement outlining the future 4581
cooperation between the program and any combination of local job 4582
training, postsecondary education, nonprofit, and health and 4583
social service organizations to provide services for students in 4584
the program and their families.4585

       Divisions (F)(8) and (9) of this section apply only to 4586
waivers granted on or after July 1, 2015.4587

       If the department does not act either to grant the waiver or 4588
to reject the program application for the waiver within sixty days 4589
as required under this section, the waiver shall be considered to 4590
be granted.4591

       (G) Every high school may permit students below the ninth 4592
grade to take advanced work. If a high school so permits, it shall 4593
award high school credit for successful completion of the advanced 4594
work and shall count such advanced work toward the graduation 4595
requirements of division (B) or (C) of this section if the 4596
advanced work was both:4597

       (1) Taught by a person who possesses a license or certificate 4598
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 4599
Code that is valid for teaching high school;4600

       (2) Designated by the board of education of the city, local, 4601
or exempted village school district, the board of the cooperative 4602
education school district, or the governing authority of the 4603
chartered nonpublic school as meeting the high school curriculum 4604
requirements.4605

        Each high school shall record on the student's high school 4606
transcript all high school credit awarded under division (G) of 4607
this section. In addition, if the student completed a seventh- or 4608
eighth-grade fine arts course described in division (K) of this 4609
section and the course qualified for high school credit under that 4610
division, the high school shall record that course on the 4611
student's high school transcript.4612

       (H) The department shall make its individual academic career 4613
plan available through its Ohio career information system web site 4614
for districts and schools to use as a tool for communicating with 4615
and providing guidance to students and families in selecting high 4616
school courses.4617

        (I) Units earned in English language arts, mathematics, 4618
science, and social studies that are delivered through integrated 4619
academic and career-technical instruction are eligible to meet the 4620
graduation requirements of division (B) or (C) of this section.4621

       (J) The state board, in consultation with the chancellor, 4622
shall adopt a statewide plan implementing methods for students to 4623
earn units of high school credit based on a demonstration of 4624
subject area competency, instead of or in combination with 4625
completing hours of classroom instruction. The state board shall 4626
adopt the plan not later than March 31, 2009, and commence phasing 4627
in the plan during the 2009-2010 school year. The plan shall 4628
include a standard method for recording demonstrated proficiency 4629
on high school transcripts. Each school district and community 4630
school shall comply with the state board's plan adopted under this 4631
division and award units of high school credit in accordance with 4632
the plan. The state board may adopt existing methods for earning 4633
high school credit based on a demonstration of subject area 4634
competency as necessary prior to the 2009-2010 school year.4635

       (K) This division does not apply to students who qualify for 4636
graduation from high school under division (D) or (F) of this 4637
section, or to students pursuing a career-technical instructional 4638
track as determined by the school district board of education or 4639
the chartered nonpublic school's governing authority. 4640
Nevertheless, the general assembly encourages such students to 4641
consider enrolling in a fine arts course as an elective.4642

       Beginning with students who enter ninth grade for the first 4643
time on or after July 1, 2010, each student enrolled in a public 4644
or chartered nonpublic high school shall complete two semesters or 4645
the equivalent of fine arts to graduate from high school. The 4646
coursework may be completed in any of grades seven to twelve. Each 4647
student who completes a fine arts course in grade seven or eight 4648
may elect to count that course toward the five units of electives 4649
required for graduation under division (C)(8) of this section, if 4650
the course satisfied the requirements of division (G) of this 4651
section. In that case, the high school shall award the student 4652
high school credit for the course and count the course toward the 4653
five units required under division (C)(8) of this section. If the 4654
course in grade seven or eight did not satisfy the requirements of 4655
division (G) of this section, the high school shall not award the 4656
student high school credit for the course but shall count the 4657
course toward the two semesters or the equivalent of fine arts 4658
required by this division.4659

       (L) Notwithstanding anything to the contrary in this section, 4660
the board of education of each school district and the governing 4661
authority of each chartered nonpublic school may adopt a policy to 4662
excuse from the high school physical education requirement each 4663
student who, during high school, has participated in 4664
interscholastic athletics, marching band, or cheerleading for at 4665
least two full seasons or in the junior reserve officer training 4666
corps for at least two full school years. If the board or 4667
authority adopts such a policy, the board or authority shall not 4668
require the student to complete any physical education course as a 4669
condition to graduate. However, the student shall be required to 4670
complete one-half unit, consisting of at least sixty hours of 4671
instruction, in another course of study. In the case of a student 4672
who has participated in the junior reserve officer training corps 4673
for at least two full school years, credit received for that 4674
participation may be used to satisfy the requirement to complete 4675
one-half unit in another course of study.4676

       (M) It is important that high school students learn and 4677
understand United States history and the governments of both the 4678
United States and the state of Ohio. Therefore, beginning with 4679
students who enter ninth grade for the first time on or after July 4680
1, 2012, the study of American history and American government 4681
required by divisions (B)(6) and (C)(6) of this section shall 4682
include the study of all of the following documents:4683

        (1) The Declaration of Independence;4684

        (2) The Northwest Ordinance;4685

        (3) The Constitution of the United States with emphasis on 4686
the Bill of Rights;4687

        (4) The Ohio Constitution.4688

        The study of each of the documents prescribed in divisions 4689
(M)(1) to (4) of this section shall include study of that document 4690
in its original context.4691

        The study of American history and government required by 4692
divisions (B)(6) and (C)(6) of this section shall include the 4693
historical evidence of the role of documents such as the 4694
Federalist Papers and the Anti-Federalist Papers to firmly 4695
establish the historical background leading to the establishment 4696
of the provisions of the Constitution and Bill of Rights.4697

       Sec. 3313.6013. (A) As used in this section, "dual enrollment4698
advanced standing program" means a program that enables a student 4699
to earn credit toward a degree from an institution of higher 4700
education while enrolled in high school or that enables a student 4701
to complete coursework while enrolled in high school that may earn 4702
credit toward a degree from an institution of higher education 4703
upon the student's attainment of a specified score on an 4704
examination covering the coursework. Dual enrollmentAdvanced 4705
standing programs may include any of the following:4706

        (1) The post-secondary enrollment optionscollege credit plus4707
program established under Chapter 3365. of the Revised Code;4708

       (2) Advanced placement courses;4709

       (3) Any similar program established pursuant to an agreement 4710
between a school district or chartered nonpublic high school and 4711
an institution of higher educationInternational baccalaureate 4712
diploma courses;4713

       (4) Early college high schoolsschool programs.4714

        (B) Each city, local, exempted village, and joint vocational 4715
school district and each chartered nonpublic high school shall 4716
provide students enrolled in grades nine through twelve with the 4717
opportunity to participate in a dual enrollmentan advanced 4718
standing program. For this purpose, each school district and 4719
chartered nonpublic high school shall offer at least one dual 4720
enrollmentadvanced standing program in accordance with division 4721
(B)(1) or (2) of this section, as applicable.4722

        (1) A city, local, or exempted village school district meets 4723
the requirements of this division through its mandatory 4724
participation in the post-secondary enrollment optionscollege 4725
credit plus program established under Chapter 3365. of the Revised 4726
Code. However, a city, local, or exempted village school district 4727
may offer any other dual enrollmentadvanced standing program, in 4728
addition to the post-secondary enrollment optionscollege credit 4729
plus program, and each joint vocational school district shall 4730
offer at least one other dual enrollmentadvanced standing4731
program, to students in good standing, as defined by the 4732
partnership for continued learning under section 3301.42 of the 4733
Revised Code as it existed prior to October 16, 2009, or as 4734
subsequently defined by the department of education.4735

        (2) A chartered nonpublic high school that elects to 4736
participate in the post-secondary enrollment optionscollege 4737
credit plus program established under Chapter 3365. of the Revised 4738
Code meets the requirements of this division. Each chartered 4739
nonpublic high school that elects not to participate in the 4740
post-secondary enrollment optionscollege credit plus program 4741
instead shall offer at least one other dual enrollmentadvanced 4742
standing program to students in good standing, as defined by the 4743
partnership for continued learning under section 3301.42 of the 4744
Revised Code as it existed prior to October 16, 2009, or as 4745
subsequently defined by the department of education.4746

       (C) Each school district and each chartered nonpublic high 4747
school shall provide information about the dual enrollment4748
advanced standing programs offered by the district or school to 4749
all students enrolled in grades eight through eleven. The district 4750
or school shall include information about all of the following:4751

        (1) The process colleges and universities use in awarding 4752
credit for advanced placement and international baccalaureate 4753
courses and examinations, including minimum scores required by 4754
state institutions of higher education, as defined in section 4755
3345.011 of the Revised Code, for a student to receive college 4756
credit;4757

        (2) The availability of tuition and fee waivers for advanced 4758
placement and international baccalaureate courses and 4759
examinations;4760

        (3) The availability of online advanced placement or 4761
international baccalaureate courses, including those that may be 4762
available at no cost;4763

        (4) The benefits of earning postsecondary credit through 4764
advanced placement or international baccalaureate courses;4765

        (5) The availability of advanced placement or international 4766
baccalaureate courses offered throughout the district. 4767

       The district or school may include additional information as 4768
determined appropriate by the district or school.4769

       (D) NoExcept as provided for in Chapter 3365. of the Revised 4770
Code, no city, local, exempted village, and joint vocational 4771
school district shall charge an enrolled student an additional fee 4772
or tuition for participation in any dual enrollmentadvanced 4773
standing program offered by the district. Students may be required 4774
to pay the costs associated with taking an advanced placement or 4775
international baccalaureate examination.4776

       (E) Any agreement between a school district or school and an 4777
associated college governing the operation of an early college 4778
high school program shall be subject to the requirements of the 4779
college credit plus program, with the following exceptions:4780

       (1) Any aspect of the agreement that does not relate to the 4781
conferral of transcripted credit, as defined in section 3365.01 of 4782
the Revised Code, shall not be subject to the requirements of the 4783
college credit plus program.4784

       (2) If the early college high school program began operating 4785
prior to July 1, 2014, the agreement shall not be subject to the 4786
requirements of the college credit plus program until the later of 4787
the date on which the existing agreement expires or July 1, 2015.4788

       (3) If the district, school, or associated college operating 4789
the early college high school program was granted an award under 4790
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly 4791
for the 2014-2015 school year, as the lead applicant on the grant 4792
or as part of a consortium, for a project involving the 4793
establishment or expansion of an early college high school, the 4794
agreement shall not be subject to the requirements of the college 4795
credit plus program during the period of time for which the 4796
project is funded by the grant award under that section.4797

       (4) If the district, school, or associated college obtains a 4798
waiver for the agreement under section 3365.10 of the Revised 4799
Code, the agreement shall not be subject to the requirements of 4800
the college credit plus program as expressed in and excused by the 4801
waiver.4802

       The college credit plus program shall not govern any advanced 4803
placement course or international baccalaureate diploma course as 4804
described under this section.4805

       (F) As used in this section:4806

        (1) "Associated college" means a public or private college, 4807
as defined in section 3365.01 of the Revised Code, which has 4808
entered into an agreement with a school district or school to 4809
establish an early college high school program, as described in 4810
division (F)(2) of this section, and awards transcripted credit, 4811
as defined in section 3365.01 of the Revised Code, to students 4812
through that program.4813

        (2) "Early college high school program" means a program 4814
operated by a school district or school and an associated college 4815
that provides a personalized learning plan, which is based on 4816
accelerated curriculum and includes both high school and 4817
college-level coursework, and enables the following students to 4818
earn a high school diploma and an associate degree, or the 4819
equivalent number of transcripted credits, upon successful 4820
completion of the program:4821

       (a) Students who are underrepresented in regard to completing 4822
post-secondary education;4823

       (b) Students who are economically disadvantaged, as defined 4824
by the department of education;4825

       (c) Students whose parents did not earn a college degree.4826

       Sec. 3313.6014.  The board of education of each city, 4827
exempted village, and local school district shall by resolution 4828
adopt a procedure for notifying the parent, guardian, or custodian 4829
of each student enrolled in a high school operated by the district 4830
or enrolled in a school operated by the joint vocational school 4831
district to which the city, exempted village, or local district 4832
belongs of the requirements of the Ohio core curriculum prescribed 4833
in division (C) of section 3313.603 of the Revised Code and that 4834
one consequence of not completing that curriculum is ineligibility 4835
to enroll in most state universities in Ohio without further 4836
coursework. 4837

       This section does not create a new cause of action or 4838
substantive legal right.4839

       Sec. 3313.6016.  (A) Beginning in the 2011-2012 school year, 4840
the department of education shall administer a pilot program 4841
requiring daily physical activity for students. Any school 4842
district; community school established under Chapter 3314. of the 4843
Revised Code; science, technology, engineering, and mathematics 4844
school established under Chapter 3326. of the Revised Code; or 4845
chartered nonpublic school annually may elect to participate in 4846
the pilot program by notifying the department of its interest by a 4847
date established by the department. If a school district elects to 4848
participate in the pilot program, the district shall select one or 4849
more school buildings to participate in the program. To the 4850
maximum extent possible, the department shall seek to include in 4851
the pilot program districts and schools that are located in urban, 4852
suburban, and rural areas distributed geographically throughout 4853
the state. The department shall administer the pilot program in 4854
accordance with this section.4855

       (B) Except as provided in division (C) of this section, each 4856
district or school participating in the pilot program shall 4857
require all students in the school building selected under 4858
division (A) of this section to engage in at least thirty minutes 4859
of moderate to rigorous physical activity each school day or at 4860
least one hundred fifty minutes of moderate to rigorous physical 4861
activity each week, exclusive of recess. Physical activity engaged 4862
in during the following may count toward the daily requirement:4863

       (1) A physical education course;4864

       (2) A program or activity occurring before or after the 4865
regular school day, as defined in section 3313.814 of the Revised 4866
Code, that is sponsored or approved by the school of attendance, 4867
provided school officials are able to monitor students' 4868
participation to ensure compliance with the requirement.4869

       (C) None of the following shall be subject to the requirement 4870
of division (B) of this section:4871

       (1) Any student enrolled in the post-secondary enrollment 4872
optionscollege credit plus program established under Chapter 4873
3365. of the Revised Code;4874

       (2) Any student enrolled in a career-technical education 4875
program operated by the district or school;4876

       (3) Any student enrolled in a dropout prevention and recovery 4877
program operated by the district or school.4878

       (D) For any period in which a student is participating in 4879
interscholastic athletics, marching band, cheerleading, or a 4880
junior reserve officer training corps program, the district or 4881
school may excuse the student from the requirement of division (B) 4882
of this section.4883

       (E) The district or school may excuse any kindergarten 4884
student who is not enrolled in all-day kindergarten, as defined in 4885
section 3321.05 of the Revised Code, from the requirement of 4886
division (B) of this section.4887

       (F) Each district or school annually shall report to the 4888
department, in the manner prescribed by the department, how the 4889
district or school implemented the thirty minutes of daily 4890
physical activity and the financial costs of implementation. The 4891
department shall issue an annual report of the data collected 4892
under this division.4893

       Sec. 3313.6020.  (A)(1) Beginning in the 2015-2016 school 4894
year, the board of education of each city, local, exempted 4895
village, and joint vocational school district shall adopt a policy 4896
on career advising that complies with this section. Thereafter, 4897
the policy shall be updated at least once every two years.4898

       (2) The board shall make the policy publicly available to 4899
students, parents, guardians, or custodians, local post-secondary 4900
institutions, and residents of the district. The district shall 4901
post the policy in a prominent location on its web site, if it has 4902
one.4903

       (B) The policy on career advising shall specify how the 4904
district will do all of the following:4905

       (1) Provide students with grade-level examples that link 4906
their schoolwork to one or more career fields. A district may use 4907
career connections developed under division (B)(2) of section 4908
3301.079 of the Revised Code for this purpose.4909

       (2) Create a plan to provide career advising to students in 4910
grades six through twelve;4911

       (3) Beginning in the 2015-2016 school year, provide 4912
additional interventions and career advising for students who are 4913
identified as at risk of dropping out of school in accordance with 4914
division (C) of this section;4915

       (4) Train its employees on how to advise students on career 4916
pathways, including training on advising students using online 4917
tools;4918

       (5) Develop multiple, clear academic pathways through high 4919
school that students may choose in order to earn a high school 4920
diploma;4921

       (6) Identify and publicize courses that can award students 4922
both traditional academic and career-technical credit;4923

       (7) Document the career advising provided to each student for 4924
review by the student, the student's parent, guardian, or 4925
custodian, and future schools that the student may attend. A 4926
district shall not otherwise release this information without the 4927
written consent of the student's parent, guardian, or custodian, 4928
if the student is less than eighteen years old, or the written 4929
consent of the student, if the student is at least eighteen years 4930
old.4931

       (8) Prepare students for their transition from high school to 4932
their post-secondary destinations, including any special 4933
interventions that are necessary for students in need of 4934
remediation in mathematics or English language arts.4935

       (C)(1) Beginning in the 2015-2016 school year, each district 4936
shall identify students who are at risk of dropping out of school 4937
using a method that is both research-based and locally-based and 4938
that is developed in consultation with the district's classroom 4939
teachers and guidance counselors. If a student is identified as at 4940
risk of dropping out of school, the district shall develop a 4941
student success plan that addresses the student's academic pathway 4942
to a successful graduation and the role of career-technical 4943
education, competency-based education, and experiential learning, 4944
as appropriate, in that pathway.4945

       (2) Prior to developing a student success plan for a student, 4946
the district shall invite the student's parent, guardian, or 4947
custodian to assist in developing the plan. If the student's 4948
parent, guardian, or custodian does not participate in the 4949
development of the plan, the district shall provide to the parent, 4950
guardian, or custodian a copy of the student's success plan and a 4951
statement of the importance of a high school diploma and the 4952
academic pathways available to the student in order to 4953
successfully graduate.4954

       (3) Following the development of a student success plan for a 4955
student, the district shall provide career advising to the student 4956
that is aligned with the plan and, beginning in the 2015-2016 4957
school year, the district's plan to provide career advising 4958
created under division (B)(2) of this section.4959

       (D) Not later than December 1, 2014, the department of 4960
education shall develop and post on its web site model policies on 4961
career advising and model student success plans.4962

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 4963
education of any city, exempted village, or local school district 4964
that operates a high school to any person to whom all of the 4965
following apply:4966

       (1) The person has successfully completed the curriculum in 4967
any high school or the individualized education program developed 4968
for the person by any high school pursuant to section 3323.08 of 4969
the Revised Code, or has qualified under division (D) or (F) of 4970
section 3313.603 of the Revised Code, provided that no school 4971
district shall require a student to remain in school for any 4972
specific number of semesters or other terms if the student 4973
completes the required curriculum early;4974

       (2) Subject to section 3313.614 of the Revised Code, the 4975
person has met the assessment requirements of division (A)(2)(a) 4976
or (b) of this section, as applicable.4977

       (a) If the person entered the ninth grade prior to the date 4978
prescribed by rule of the state board of education under division 4979
(D)(2) of section 3301.0712 of the Revised Code, the person 4980
either:4981

       (i) Has attained at least the applicable scores designated 4982
under division (B)(1) of section 3301.0710 of the Revised Code on 4983
all the assessments required by that division unless the person 4984
was excused from taking any such assessment pursuant to section 4985
3313.532 of the Revised Code or unless division (H) or (L) of this 4986
section applies to the person;4987

       (ii) Has satisfied the alternative conditions prescribed in 4988
section 3313.615 of the Revised Code.4989

       (b) If the person entered the ninth grade on or after the 4990
date prescribed by rule of the state board under division (D)(2) 4991
of section 3301.0712 of the Revised Code, the person has met the 4992
requirements of the entire assessment system prescribed under 4993
division (B)(2) of section 3301.0710 of the Revised Code, except 4994
to the extent that the person is excused from some portion of that 4995
assessment system pursuant to section 3313.532 of the Revised Code 4996
or division (H) or (L) of this section.4997

       (3) The person is not eligible to receive an honors diploma 4998
granted pursuant to division (B) of this section.4999

       Except as provided in divisions (C), (E), (J), and (L) of 5000
this section, no diploma shall be granted under this division to 5001
anyone except as provided under this division.5002

       (B) In lieu of a diploma granted under division (A) of this 5003
section, an honors diploma shall be granted, in accordance with 5004
rules of the state board, by any such district board to anyone who 5005
accomplishes all of the following:5006

       (1) Successfully completes the curriculum in any high school 5007
or the individualized education program developed for the person 5008
by any high school pursuant to section 3323.08 of the Revised 5009
Code;5010

       (2) Subject to section 3313.614 of the Revised Code, has met 5011
the assessment requirements of division (B)(2)(a) or (b) of this 5012
section, as applicable.5013

       (a) If the person entered the ninth grade prior to the date 5014
prescribed by rule of the state board of education under division 5015
(D)(2) of section 3301.0712 of the Revised Code, the person 5016
either:5017

       (i) Has attained at least the applicable scores designated 5018
under division (B)(1) of section 3301.0710 of the Revised Code on 5019
all the assessments required by that division;5020

       (ii) Has satisfied the alternative conditions prescribed in 5021
section 3313.615 of the Revised Code.5022

       (b) If the person entered the ninth grade on or after the 5023
date prescribed by rule of the state board under division (D)(2) 5024
of section 3301.0712 of the Revised Code, the person has met the 5025
requirements of the entire assessment system prescribed under 5026
division (B)(2) of section 3301.0710 of the Revised Code.5027

       (3) Has met additional criteria established by the state 5028
board for the granting of such a diploma. 5029

        An honors diploma shall not be granted to a student who is 5030
subject to the Ohio core curriculumrequirements prescribed in 5031
division (C) of section 3313.603 of the Revised Code but elects 5032
the option of division (D) or (F) of that section. Except as 5033
provided in divisions (C), (E), and (J) of this section, no honors 5034
diploma shall be granted to anyone failing to comply with this 5035
division and no more than one honors diploma shall be granted to 5036
any student under this division.5037

       The state board shall adopt rules prescribing the granting of 5038
honors diplomas under this division. These rules may prescribe the 5039
granting of honors diplomas that recognize a student's achievement 5040
as a whole or that recognize a student's achievement in one or 5041
more specific subjects or both. The rules may prescribe the 5042
granting of an honors diploma recognizing technical expertise for 5043
a career-technical student. In any case, the rules shall designate 5044
two or more criteria for the granting of each type of honors 5045
diploma the board establishes under this division and the number 5046
of such criteria that must be met for the granting of that type of 5047
diploma. The number of such criteria for any type of honors 5048
diploma shall be at least one less than the total number of 5049
criteria designated for that type and no one or more particular 5050
criteria shall be required of all persons who are to be granted 5051
that type of diploma.5052

       (C) Any district board administering any of the assessments 5053
required by section 3301.0710 of the Revised Code to any person 5054
requesting to take such assessment pursuant to division (B)(8)(b) 5055
of section 3301.0711 of the Revised Code shall award a diploma to 5056
such person if the person attains at least the applicable scores 5057
designated under division (B)(1) of section 3301.0710 of the 5058
Revised Code on all the assessments administered and if the person 5059
has previously attained the applicable scores on all the other 5060
assessments required by division (B)(1) of that section or has 5061
been exempted or excused from attaining the applicable score on 5062
any such assessment pursuant to division (H) or (L) of this 5063
section or from taking any such assessment pursuant to section 5064
3313.532 of the Revised Code.5065

       (D) Each diploma awarded under this section shall be signed 5066
by the president and treasurer of the issuing board, the 5067
superintendent of schools, and the principal of the high school. 5068
Each diploma shall bear the date of its issue, be in such form as 5069
the district board prescribes, and be paid for out of the 5070
district's general fund.5071

       (E) A person who is a resident of Ohio and is eligible under 5072
state board of education minimum standards to receive a high 5073
school diploma based in whole or in part on credits earned while 5074
an inmate of a correctional institution operated by the state or 5075
any political subdivision thereof, shall be granted such diploma 5076
by the correctional institution operating the programs in which 5077
such credits were earned, and by the board of education of the 5078
school district in which the inmate resided immediately prior to 5079
the inmate's placement in the institution. The diploma granted by 5080
the correctional institution shall be signed by the director of 5081
the institution, and by the person serving as principal of the 5082
institution's high school and shall bear the date of issue.5083

       (F) Persons who are not residents of Ohio but who are inmates 5084
of correctional institutions operated by the state or any 5085
political subdivision thereof, and who are eligible under state 5086
board of education minimum standards to receive a high school 5087
diploma based in whole or in part on credits earned while an 5088
inmate of the correctional institution, shall be granted a diploma 5089
by the correctional institution offering the program in which the 5090
credits were earned. The diploma granted by the correctional 5091
institution shall be signed by the director of the institution and 5092
by the person serving as principal of the institution's high 5093
school and shall bear the date of issue.5094

       (G) The state board of education shall provide by rule for 5095
the administration of the assessments required by section 5096
3301.0710 of the Revised Code to inmates of correctional 5097
institutions.5098

       (H) Any person to whom all of the following apply shall be 5099
exempted from attaining the applicable score on the assessment in 5100
social studies designated under division (B)(1) of section 5101
3301.0710 of the Revised Code, any American history end-of-course 5102
examination and any American government end-of-course examination 5103
required under division (B)(2) of that section if such an 5104
exemption is prescribed by rule of the state board under division 5105
(D)(4) of section 3301.0712 of the Revised Code, or the test in 5106
citizenship designated under former division (B) of section 5107
3301.0710 of the Revised Code as it existed prior to September 11, 5108
2001:5109

       (1) The person is not a citizen of the United States;5110

       (2) The person is not a permanent resident of the United 5111
States;5112

       (3) The person indicates no intention to reside in the United 5113
States after the completion of high school.5114

       (I) Notwithstanding division (D) of section 3311.19 and 5115
division (D) of section 3311.52 of the Revised Code, this section 5116
and section 3311.6113313.611 of the Revised Code do not apply to 5117
the board of education of any joint vocational school district or 5118
any cooperative education school district established pursuant to 5119
divisions (A) to (C) of section 3311.52 of the Revised Code.5120

       (J) Upon receipt of a notice under division (D) of section 5121
3325.08 or division (D) of section 3328.25 of the Revised Code 5122
that a student has received a diploma under either section, the 5123
board of education receiving the notice may grant a high school 5124
diploma under this section to the student, except that such board 5125
shall grant the student a diploma if the student meets the 5126
graduation requirements that the student would otherwise have had 5127
to meet to receive a diploma from the district. The diploma 5128
granted under this section shall be of the same type the notice 5129
indicates the student received under section 3325.08 or 3328.25 of 5130
the Revised Code.5131

       (K) As used in this division, "limited English proficient 5132
student" has the same meaning as in division (C)(3) of section 5133
3301.0711 of the Revised Code.5134

        Notwithstanding division (C)(3) of section 3301.0711 of the 5135
Revised Code, no limited English proficient student who has not 5136
either attained the applicable scores designated under division 5137
(B)(1) of section 3301.0710 of the Revised Code on all the 5138
assessments required by that division, or met the requirements of 5139
the assessments required by division (B)(2) of that section, shall 5140
be awarded a diploma under this section.5141

       (L) Any student described by division (A)(1) of this section 5142
may be awarded a diploma without attaining the applicable scores 5143
designated on the assessments prescribed under division (B) of 5144
section 3301.0710 of the Revised Code provided an individualized 5145
education program specifically exempts the student from attaining 5146
such scores. This division does not negate the requirement for 5147
such a student to take all such assessments or alternate 5148
assessments required by division (C)(1) of section 3301.0711 of 5149
the Revised Code for the purpose of assessing student progress as 5150
required by federal law.5151

       Sec. 3313.612.  (A) No nonpublic school chartered by the 5152
state board of education shall grant a high school diploma to any 5153
person unless, subject to section 3313.614 of the Revised Code, 5154
the person has met the assessment requirements of division (A)(1) 5155
or (2) of this section, as applicable.5156

       (1) If the person entered the ninth grade prior to the date 5157
prescribed by rule of the state board under division (D)(2) of 5158
section 3301.0712 of the Revised Code, the person has attained at 5159
least the applicable scores designated under division (B)(1) of 5160
section 3301.0710 of the Revised Code on all the assessments 5161
required by that division, or has satisfied the alternative 5162
conditions prescribed in section 3313.615 of the Revised Code.5163

       (2) If the person entered the ninth grade on or after the 5164
date prescribed by rule of the state board under division 5165
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has 5166
met the requirements of the entire assessment system prescribed 5167
under division (B)(2) of section 3301.0710 of the Revised Code.5168

       (B) This section does not apply to any of the following:5169

       (1) Any person with regard to any assessment from which the 5170
person was excused pursuant to division (C)(1)(c) of section 5171
3301.0711 of the Revised Code;5172

       (2) Any person that attends a nonpublic school accredited 5173
through the independent school association of the central states 5174
with regard to any end-of-course examination required under 5175
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;5176

        (3) Any person with regard to the social studies assessment 5177
under division (B)(1) of section 3301.0710 of the Revised Code, 5178
any American history end-of-course examination and any American 5179
government end-of-course examination required under division 5180
(B)(2) of that section if such an exemption is prescribed by rule 5181
of the state board of education under division (D)(4) of section 5182
3301.0712 of the Revised Code, or the citizenship test under 5183
former division (B) of section 3301.0710 of the Revised Code as it 5184
existed prior to September 11, 2001, if all of the following 5185
apply:5186

       (a) The person is not a citizen of the United States;5187

       (b) The person is not a permanent resident of the United 5188
States;5189

       (c) The person indicates no intention to reside in the United 5190
States after completion of high school.5191

       (C) As used in this division, "limited English proficient 5192
student" has the same meaning as in division (C)(3) of section 5193
3301.0711 of the Revised Code.5194

        Notwithstanding division (C)(3) of section 3301.0711 of the 5195
Revised Code, no limited English proficient student who has not 5196
either attained the applicable scores designated under division 5197
(B)(1) of section 3301.0710 of the Revised Code on all the 5198
assessments required by that division, or met the requirements of 5199
the assessments under division (B)(2) of that section, shall be 5200
awarded a diploma under this section.5201

       Sec. 3313.843.  (A) Notwithstanding division (D) of section 5202
3311.52 of the Revised Code, this section does not apply to any 5203
cooperative education school district.5204

       (B)(1) The board of education of each city, exempted village, 5205
or local school district with an average daily student enrollment 5206
of sixteen thousand or less, reported for the district on the most 5207
recent report card issued under section 3302.03 of the Revised 5208
Code, shall enter into an agreement with the governing board of an 5209
educational service center, under which the educational service 5210
center governing board will provide services to the district.5211

       (2) The board of education of a city, exempted village, or 5212
local school district with an average daily student enrollment of 5213
more than sixteen thousand may enter into an agreement with the 5214
governing board of an educational service center, under which the 5215
educational service center governing board will provide services 5216
to the district.5217

       (3) Services provided under an agreement entered into under 5218
division (B)(1) or (2) of this section shall be specified in the 5219
agreement, and may include any of the following: supervisory 5220
teachers; in-service and continuing education programs for 5221
district personnel; curriculum services; research and development 5222
programs; academic instruction for which the governing board 5223
employs teachers pursuant to section 3319.02 of the Revised Code; 5224
assistance in the provision of special accommodations and classes 5225
for students with disabilities; or any other services the district 5226
board and service center governing board agree can be better 5227
provided by the service center and are not provided under an 5228
agreement entered into under section 3313.845 of the Revised Code. 5229
Services included in the agreement shall be provided to the 5230
district in the manner specified in the agreement. The district 5231
board of education shall reimburse the educational service center 5232
governing board pursuant to division (H) of this section.5233

       (C) Any agreement entered into pursuant to this section shall 5234
be filed with the department of education by the first day of July 5235
of the school year for which the agreement is in effect.5236

       (D)(1) An agreement for services from an educational service 5237
center entered into under this section may be terminated by the 5238
school district board of education, at its option, by notifying 5239
the governing board of the service center by March 1, 2012, or by 5240
the first day of January of any odd-numbered year thereafter, that 5241
the district board intends to terminate the agreement in that 5242
year, and that termination shall be effective on the thirtieth day 5243
of June of that year. The failure of a district board to notify an 5244
educational service center of its intent to terminate an agreement 5245
by March 1, 2012, shall result in renewal of the existing 5246
agreement for the following school year. Thereafter, the failure 5247
of a district board to notify an educational service center of its 5248
intent to terminate an agreement by the first day of January of an 5249