As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 21

Senator Lehner 

Cosponsors: Senators Sawyer, Gardner, Bacon, Beagle, Brown, Coley, Eklund, Faber, Hite, Jones, Manning, Obhof, Peterson, Seitz, Turner, Uecker 

Representatives Brenner, Amstutz, Anielski, Baker, Bishoff, Burkley, Driehaus, Duffey, Grossman, Hackett, Hayes, Henne, Kunze, McClain, McGregor, O'Brien, Patterson, Phillips, Pillich, Reece, Rogers, Smith, Sprague, Stautberg, Stebelton, Terhar, Young Speaker Batchelder 

---

A BILL

To amend sections 3313.608, 3328.02, and 3328.15 and

1

to enact sections 3301.077, 3302.13, 3302.14,

2

3318.62, 3319.233, and 3333.049 of the Revised

3

Code to revise the requirements of the Third-Grade

4

Reading Guarantee, to revise the laws regarding

5

facilities of a college-preparatory boarding

6

school, and to declare an emergency.

7

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

Section 1.  That sections 3313.608, 3328.02, and 3328.15 be	8
amended and sections 3301.077, 3302.13, 3302.14, 3318.62,	9
3319.233, and 3333.049 of the Revised Code be enacted to read as	10
follows:	11

Sec. 3301.077.  Not later than January 31, 2014, the state	12
board of education shall adopt reading competencies for all	13
reading credentials and training. Such competencies shall include,	14
but not be limited to, an understanding of phonemic awareness,	15
phonics, fluency, vocabulary, comprehension, appropriate use of	16
assessments, differentiated instruction, and selection of	17
appropriate instructional materials and application of	18
research-based instructional practices.	19

Sec. 3302.13. (A) This section applies to any school district	20
or community school that meets both of the following criteria, as	21
reported on the past two consecutive report cards issued for that	22
district or school under section 3302.03 of the Revised Code:	23

(1) The district or school received a grade of "D" or "F" on	24
the kindergarten through third-grade literacy progress measure	25
under division (C)(3)(e) of section 3302.03 of the Revised Code.	26

(2) Less than sixty per cent of the district's students who	27
took the third grade English language arts assessment prescribed	28
under section 3301.0710 of the Revised Code during the most recent	29
fall and spring administrations of that assessment attained at	30
least a proficient score on that assessment.	31

(B) By December 31, 2016, and by the thirty-first day of each	32
December thereafter, any school district or community school that	33
meets the criteria set forth in division (A) of this section shall	34
submit to the department of education a school or district reading	35
achievement improvement plan, which shall include all requirements	36
prescribed by the state board of education pursuant to division	37
(C) of this section.	38

(C) Not later than December 31, 2014, the state board shall	39
adopt rules in accordance with Chapter 119. of the Revised Code	40
prescribing the content of and deadlines for the reading	41
achievement improvement plans required under division (B) of this	42
section. The rules shall prescribe that each plan include, at a	43
minimum, an analysis of relevant student performance data,	44
measurable student performance goals, strategies to meet specific	45
student needs, a staffing and professional development plan, and	46
instructional strategies for improving literacy.	47

(D) Any school district or community school to which this	48
section applies shall no longer be required to submit an	49
improvement plan pursuant to division (B) of this section when	50
that district or school meets either of the following criteria, as	51
reported on the most recent report card issued for that district	52
or school under section 3302.03 of the Revised Code:	53

(1) The district or school received a grade of "C" or higher	54
on the kindergarten through third-grade literacy progress measure	55
under division (C)(3)(e) of section 3302.03 of the Revised Code.	56

(2) Not less than sixty per cent of the district's students	57
who took the third grade English language arts assessment	58
prescribed under section 3301.0710 of the Revised Code during the	59
most recent fall and spring administrations of that assessment	60
attain at least a proficient score on that assessment.	61

(E) The department of education shall post in a prominent	62
location on its web site all plans submitted pursuant to this	63
section.	64

Sec. 3302.14. The department of education annually shall	65
collect, analyze, and publish data regarding reading achievement	66
in schools and progress in assisting all students to become	67
proficient readers. Beginning on January 31, 2015, and on the	68
thirty-first day of each January thereafter, the department shall	69
report these findings, in accordance with section 101.68 of the	70
Revised Code, to the governor, the general assembly, and the state	71
board of education. The report shall include, but not be limited	72
to, both of the following:	73

(A) The progress of all students that were on a reading	74
intervention plan at any time during grades kindergarten through	75
four while enrolled in the state's public school system.	76

(B) The progress of school districts and community schools	77
that are currently operating under a reading achievement	78
improvement plan pursuant to section 3302.13 of the Revised Code,	79
as data is made available.	80

Sec. 3313.608.  (A)(1) Beginning with students who enter	81
third grade in the school year that starts July 1, 2009, and until	82
June 30, 2013, unless the student is excused under division (C) of	83
section 3301.0711 of the Revised Code from taking the assessment	84
described in this section, for any student who attains a score in	85
the rangedoes not attain at least the equivalent level of	86
achievement designated under division (A)(3) of section 3301.0710	87
of the Revised Code on the assessment prescribed under that	88
section to measure skill in English language arts expected at the	89
end of third grade, each school district, in accordance with the	90
policy adopted under section 3313.609 of the Revised Code, shall	91
do one of the following:	92

(a) Promote the student to fourth grade if the student's	93
principal and reading teacher agree that other evaluations of the	94
student's skill in reading demonstrate that the student is	95
academically prepared to be promoted to fourth grade;	96

(b) Promote the student to fourth grade but provide the	97
student with intensive intervention services in fourth grade;	98

(c) Retain the student in third grade.

99

(2) Beginning with students who enter third grade in the	100
2013-2014 school year, unless the student is excused under	101
division (C) of section 3301.0711 of the Revised Code from taking	102
the assessment described in this section, no school district shall	103
promote to fourth grade any student who attains a score in the	104
rangedoes not attain at least the equivalent level of achievement	105
designated under division (A)(3) of section 3301.0710 of the	106
Revised Code on the assessment prescribed under that section to	107
measure skill in English language arts expected at the end of	108
third grade, unless one of the following applies:	109

(a) The student is a limited English proficient student who	110
has been enrolled in United States schools for less than twothree	111
full school years and has had less than twothree years of	112
instruction in an English as a second language program.	113

(b) The student is a child with a disability entitled to	114
special education and related services under Chapter 3323. of the	115
Revised Code and the student's individualized education program	116
exempts the student from retention under this division.	117

(c) The student demonstrates an acceptable level of	118
performance on an alternative standardized reading assessment as	119
determined by the department of education.	120

(d) All of the following apply:

121

(i) The student is a child with a disability entitled to	122
special education and related services under Chapter 3323. of the	123
Revised Code.	124

(ii) The student has taken the third grade English language	125
arts achievement assessment prescribed under section 3301.0710 of	126
the Revised Code.	127

(iii) The student's individualized education program or plan	128
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	129
355, 29 U.S.C. 794, as amended, shows that the student has	130
received intensive remediation in reading for two school years but	131
still demonstrates a deficiency in reading.	132

(iv) The student previously was retained in any of grades	133
kindergarten to three.	134

(e)(i) The student received intensive remediation for reading	135
for two school years but still demonstrates a deficiency in	136
reading and was previously retained in any of grades kindergarten	137
to three.	138

(ii) A student who is promoted under division (A)(2)(e)(i) of	139
this section shall continue to receive intensive reading	140
instruction in grade four. The instruction shall include an	141
altered instructional day that includes specialized diagnostic	142
information and specific research-based reading strategies for the	143
student that have been successful in improving reading among	144
low-performing readers.	145

(B)(1) Beginning in the 2012-2013 school year, to assist	146
students in meeting the third grade guarantee established by this	147
section, each school district board of education shall adopt	148
policies and procedures with which it annually shall assess the	149
reading skills of each student, except those students with	150
significant cognitive disabilities or other disabilities as	151
authorized by the department on a case-by-case basis, enrolled in	152
kindergarten to third grade by the thirtieth day of September and	153
shall identify students who are reading below their grade level.	154
Each district shall use the diagnostic assessment to measure	155
reading ability for the appropriate grade level adopted under	156
section 3301.079 of the Revised Code, or a comparable tool	157
approved by the department of education, to identify such	158
students. The policies and procedures shall require the students'	159
classroom teachers to be involved in the assessment and the	160
identification of students reading below grade level.	161

(2) For each student identified by the diagnostic assessment	162
prescribed under this section as having reading skills below grade	163
level, the district shall do both of the following:	164

(a) Provide to the student's parent or guardian, in writing,	165
all of the following:	166

(i) Notification that the student has been identified as	167
having a substantial deficiency in reading;	168

(ii) A description of the current services that are provided	169
to the student;	170

(iii) A description of the proposed supplemental	171
instructional services and supports that will be provided to the	172
student that are designed to remediate the identified areas of	173
reading deficiency;	174

(iv) Notification that if the student attains a score in the	175
range designated under division (A)(3) of section 3301.0710 of the	176
Revised Code on the assessment prescribed under that section to	177
measure skill in English language arts expected at the end of	178
third grade, the student shall be retained unless the student is	179
exempt under division (A) of this section. The notification shall	180
specify that the assessment under section 3301.0710 of the Revised	181
Code is not the sole determinant of promotion and that additional	182
evaluations and assessments are available to the student to assist	183
parents and the district in knowing when a student is reading at	184
or above grade level and ready for promotion.	185

(b) Provide intensive reading instruction services and	186
regular diagnostic assessments to the student immediately	187
following identification of a reading deficiency until the	188
development of the reading improvement and monitoring plan	189
required by division (C) of this section. These intervention	190
services shall include research-based reading strategies that have	191
been shown to be successful in improving reading among	192
low-performing readers and instruction targeted at the student's	193
identified reading deficiencies.	194

(3) For each student retained under division (A) of this	195
section, the district shall do all of the following:	196

(a) Provide intense remediation services until the student is	197
able to read at grade level. The remediation services shall	198
include intensive interventions in reading that address the areas	199
of deficiencies identified under this section including, but not	200
limited to, not less than ninety minutes of reading instruction	201
per day, and may include any of the following:	202

(i) Small group instruction;

203

(ii) Reduced teacher-student ratios;

204

(iii) More frequent progress monitoring;

205

(iv) Tutoring or mentoring;

206

(v) Transition classes containing third and fourth grade	207
students;	208

(vi) Extended school day, week, or year;

209

(vii) Summer reading camps.

210

(b) Establish a policy for the mid-year promotion of a	211
student retained under division (A) of this section who	212
demonstrates that the student is reading at or above grade level;	213

(c) Provide each student with a teacher who satisfies one or	214
more of the applicable criteria set forth in division (H) of this	215
section.	216

The district shall offer the option for students to receive	217
applicable services from one or more providers other than the	218
district. Providers shall be screened and approved by the district	219
or the department of education. If the student participates in the	220
remediation services and demonstrates reading proficiency in	221
accordance with standards adopted by the department prior to the	222
start of fourth grade, the district shall promote the student to	223
that grade.	224

(4) For each student retained under division (A) of this	225
section who has demonstrated proficiency in a specific academic	226
ability field, each district shall provide instruction	227
commensurate with student achievement levels in that specific	228
academic ability field.	229

As used in this division, "specific academic ability field"	230
has the same meaning as in section 3324.01 of the Revised Code.	231

(C) For each student required to be provided intervention	232
services under this section, the district shall develop a reading	233
improvement and monitoring plan within sixty days after receiving	234
the student's results on the diagnostic assessment or comparable	235
tool administered under division (B)(1) of this section. The	236
district shall involve the student's parent or guardian and	237
classroom teacher in developing the plan. The plan shall include	238
all of the following:	239

(1) Identification of the student's specific reading	240
deficiencies;	241

(2) A description of the additional instructional services	242
and support that will be provided to the student to remediate the	243
identified reading deficiencies;	244

(3) Opportunities for the student's parent or guardian to be	245
involved in the instructional services and support described in	246
division (C)(2) of this section;	247

(4) A process for monitoring the extent to which the student	248
receives the instructional services and support described in	249
division (C)(2) of this section;	250

(5) A reading curriculum during regular school hours that	251
does all of the following:	252

(a) Assists students to read at grade level;

253

(b) Provides scientifically based and reliable assessment;

254

(c) Provides initial and ongoing analysis of each student's	255
reading progress.	256

(6) A statement that if the student attains a score in the	257
rangedoes not attain at least the equivalent level of achievement	258
designated under division (A)(3) of section 3301.0710 of the	259
Revised Code on the assessment prescribed under that section to	260
measure skill in English language arts expected by the end of	261
third grade, the student may be retained in third grade.	262

Each student with a reading improvement and monitoring plan	263
under this division who enters third grade after July 1, 2013,	264
shall be assigned to a teacher who satisfies one or more of the	265
applicable criteria set forth in division (H) of this section.	266

The district shall report any information requested by the	267
department about the reading improvement monitoring plans	268
developed under this division in the manner required by the	269
department.	270

(D) Each school district shall report annually to the	271
department on its implementation and compliance with this section	272
using guidelines prescribed by the superintendent of public	273
instruction. The superintendent of public instruction annually	274
shall report to the governor and general assembly the number and	275
percentage of students in grades kindergarten through four reading	276
below grade level based on the diagnostic assessments administered	277
under division (B) of this section and the achievement assessments	278
administered under divisions (A)(1)(a) and (b) of section	279
3301.0710 of the Revised Code in English language arts, aggregated	280
by school district and building; the types of intervention	281
services provided to students; and, if available, an evaluation of	282
the efficacy of the intervention services provided.	283

(E) Any summer remediation services funded in whole or in	284
part by the state and offered by school districts to students	285
under this section shall meet the following conditions:	286

(1) The remediation methods are based on reliable educational	287
research.	288

(2) The school districts conduct assessment before and after	289
students participate in the program to facilitate monitoring	290
results of the remediation services.	291

(3) The parents of participating students are involved in	292
programming decisions.	293

(F) Any intervention or remediation services required by this	294
section shall include intensive, explicit, and systematic	295
instruction.	296

(G) This section does not create a new cause of action or a	297
substantive legal right for any person.	298

(H)(1) Prior to July 1, 2014, eachExcept as provided under	299
divisions (H)(2), (3), and (4) of this section, each student	300
described in division (B)(3) or (C) of this section who enters	301
third grade for the first time on or after July 1, 2013, shall be	302
assigned a teacher who has been actively engaged in the reading	303
instruction of students for the previous three yearsat least one	304
year of teaching experience and who satisfies one or more of the	305
following criteria:	306

(a) The teacher holds a reading endorsement on the teacher's	307
license and has attained a passing score on the corresponding	308
assessment for that endorsement, as applicable.	309

(b) The teacher has completed a master's degree program with	310
a major in reading.	311

(c) The teacher has demonstrated evidence of a credential	312
earned from a list of scientifically research-based reading	313
instruction programs approved by the departmentwas rated "most	314
effective" for reading instruction consecutively for the most	315
recent two years based on assessments of student growth measures	316
developed by a vendor and that is on the list of student	317
assessments approved by the state board under division (B)(2) of	318
section 3319.112 of the Revised Code.	319

(d) The teacher was rated "above expected value added," which	320
means most effective in reading instruction, as determined by	321
criteria established by the department, for the lastmost recent,	322
consecutive two school years.	323

(2) Effective July 1, 2014, each student described in	324
divisions (B)(3) and (C) of this section shall be assigned a	325
teacher who has been actively engaged in the reading instruction	326
of students for the previous three years and who satisfies one or	327
more of the following criteria:	328

(a) The teacher holds a reading endorsement on the teacher's	329
license and has attained a passing score on the corresponding	330
assessment for that endorsement.	331

(b) The teacher has completed a master's degree program with	332
a major in reading.	333

(c) The teacher was rated above "above value added," which	334
means most effective for the last two school years.	335

(d)(e) The teacher has earned a passing score on a rigorous	336
test of principles of scientifically research-based reading	337
instruction. This test shall be selected through a competitive	338
bidding process and shall beas approved by the state board.	339

(3)(f) The teacher holds an educator license for teaching	340
grades pre-kindergarten through three or four through nine issued	341
on or after July 1, 2017.	342

(2) Notwithstanding division (H)(1) of this section, a	343
student described in division (B)(3) or (C) of this section who	344
enters third grade for the first time on or after July 1, 2013,	345
may be assigned to a teacher with less than one year of teaching	346
experience provided that the teacher meets one or more of the	347
criteria described in divisions (H)(1)(a) to (f) of this section	348
and that teacher is assigned a teacher mentor who meets the	349
qualifications of division (H)(1) of this section.	350

(3) Notwithstanding division (H)(1) of this section, a	351
student described in division (B)(3) or (C) of this section who	352
enters third grade for the first time on or after July 1, 2013,	353
but prior to July 1, 2016, may be assigned to a teacher who holds	354
an alternative credential approved by the department or who has	355
successfully completed training that is based on principles of	356
scientifically research-based reading instruction that has been	357
approved by the department. Beginning on July 1, 2014, the	358
alternative credentials and training described in division (H)(3)	359
of this section shall be aligned with the reading competencies	360
adopted by the state board of education under section 3301.077 of	361
the Revised Code.	362

(4) Notwithstanding division (H)(1) of this section, a	363
student described in division (B)(3) or (C) of this section who	364
enters third grade for the first time on or after July 1, 2013,	365
may receive reading intervention or remediation services under	366
this section from an individual employed as a speech-language	367
pathologist who holds a license issued by the board of	368
speech-language pathology and audiology under Chapter 4753. of the	369
Revised Code and a professional pupil services license as a school	370
speech-language pathologist issued by the state board of	371
education.	372

(5) A teacher, other than a student's teacher of record, may	373
provide any services required under this section, so long as that	374
other teacher meets the requirements of division (H) of this	375
section and the teacher of record and the school principal agree	376
to the assignment. Any such assignment shall be documented in the	377
student's reading improvement and monitoring plan.	378

As used in this division, "teacher of record" means the	379
classroom teacher to whom a student is assigned.	380

(I) Notwithstanding division (H) of this section, a teacher	381
may teach reading to any student who is an English language	382
learner, and has been in the United States for three years or	383
less, or to a student who has an individualized education program	384
developed under Chapter 3323. of the Revised Code if that teacher	385
holds an alternative credential approved by the department or has	386
successfully completed training that is based on principles of	387
scientifically research-based reading instruction that has been	388
approved by the department. Beginning on July 1, 2014, the	389
alternative credentials and training described in this division	390
shall be aligned with the reading competencies adopted by the	391
state board of education under section 3301.077 of the Revised	392
Code.	393

(J) If, on or after the effective date of this amendment, a	394
school district or community school cannot furnish the number of	395
teachers needed who satisfy one or more of the criteria set forth	396
in division (H)(1) of this section for the 2013-2014 school year,	397
the school district or community school shall develop and submit a	398
staffing plan by June 30, 2013, in a manner determined by the	399
department indicating the criteria that will be used to determine	400
those teachers in the school district or community school who will	401
teach and how the school district or community school will meet	402
the requirements set forth in division (H)(2) of this section.	403

A school district or community school may include in this	404
plan the option to contract with another school district or	405
private provider that has been screened and approved by the	406
department to provide intervention services. If the school	407
district or community school's plan is not approved by the	408
department by August 15, 2013, the school district or community	409
school shall use a private contractor from a list approved by the	410
department or contract with another district to provide	411
intervention services for these students. The staffing plan shall	412
include criteria that will be used to assign a student described	413
in division (B)(3) or (C) of this section to a teacher,	414
credentials or training held by teachers currently teaching at the	415
school, and how the school district or community school will meet	416
the requirements of this section. The school district or community	417
school shall post the staffing plan on its web site for the	418
applicable school year.	419

Not later than March 1, 2014, and on the first day of March	420
in each year thereafter, a school district or community school	421
that has submitted a plan under this division shall submit to the	422
department a detailed report of the progress the district or	423
school has made in meeting the requirements under this section.	424

A school district or community school may request an	425
extension of a staffing plan beyond the 2013-2014 school year.	426
Extension requests must be submitted to the department not later	427
than the thirtieth day of April prior to the start of the	428
applicable school year. The department may grant extensions valid	429
through the 2015-2016 school year.	430

Until June 30, 2015, the department annually shall review all	431
staffing plans and report to the state board not later than the	432
thirtieth day of June of each year the progress of school	433
districts and community schools in meeting the requirements of	434
this section.	435

(K) The department of education shall designate one or more	436
staff members to provide guidance and assistance to school	437
districts and community schools in implementing the third grade	438
guarantee established by this section, including any standards or	439
requirements adopted to implement the guarantee and to provide	440
information and support for reading instruction and achievement.	441

Sec. 3318.62. Any agreement between the Ohio school	442
facilities commission and the board of trustees of a	443
college-preparatory boarding school to provide facilities	444
assistance under section 3318.60 or 3318.61 of the Revised Code	445
shall include the following stipulations:	446

(A) If the school ceases its operations, the school's board	447
of trustees may permit the classroom facilities to be used for	448
only an alternative public purpose, including, but not limited to,	449
primary, secondary, vocational, or higher education services.	450

(B) If the school ceases its operations due to either the	451
failure of the school's operator to comply with any of the	452
requirements of the contract prescribed under section 3328.12 of	453
the Revised Code or the default by the school's board of trustees	454
on an underlying leasehold or mortgage agreement, the school's	455
board of trustees shall return to the commission the unamortized	456
portion of the state funds provided to the board of trustees under	457
this chapter, based on a straight-line depreciation over the first	458
eighteen years of occupancy. However, if, within twenty-four	459
months after the school's cessation from operation, the classroom	460
facilities of a college-preparatory boarding school are used for	461
an alternative public purpose as prescribed by division (A) of	462
this section, no return of funds by the board of trustees under	463
this division shall be required.	464

Sec. 3319.233. (A) Beginning July 1, 2017, all new educator	465
licenses issued for grades pre-kindergarten through three or four	466
through nine shall require the applicant to attain a passing score	467
on a rigorous examination of principles of scientifically	468
research-based reading instruction that is aligned with the	469
reading competencies adopted by the state board of education under	470
section 3301.077 of the Revised Code.	471

(B) The state board shall adopt rules in accordance with	472
Chapter 119. of the Revised Code prescribing criteria and	473
procedures necessary to implement the requirements of this	474
section.	475

Sec. 3328.02. (A) Each college-preparatory boarding school	476
established under this chapter is a public school and is part of	477
the state's program of education.	478

(B) Acting through its board of trustees, the school may sue	479
and be sued, acquire facilities as needed, contract for any	480
services necessary for the operation of the school, and enter into	481
contracts with the department of education pursuant to this	482
chapter. The board of trustees may carry out any act and ensure	483
the performance of any function that is in compliance with the	484
Ohio Constitution, this chapter, other statutes applicable to	485
college-preparatory boarding schools, and the contract entered	486
into under this chapter establishing the school.	487

(C) Each college-preparatory boarding school shall be	488
established as a public benefit corporation under Chapter 1702. of	489
the Revised Code.	490

Sec. 3328.15.  (A) Each college-preparatory boarding school	491
established under this chapter shall be governed by a board of	492
trustees consisting of up to twenty-five members. Five of those	493
members shall be appointed by the governor, with the advice and	494
consent of the senate. The governor's appointments may be based on	495
nonbinding recommendations made by the superintendent of public	496
instruction. Of the remaining members, initial members shall be	497
appointed by the school's operator and future members shall be	498
appointed pursuant to the bylaws adopted under section 3328.13 of	499
the Revised Code. The governor, operator, or any other person or	500
entity who appoints a member of the board of trustees under this	501
section or the bylaws adopted under section 3328.13 of the Revised	502
Code may remove that member from the board at any time.	503

(B) The terms of office of the initial members shall be as	504
follows:	505

(1) Two members appointed by the governor shall serve for an	506
initial term of three years.	507

(2) Two members appointed by the governor shall serve for an	508
initial term of two years.	509

(3) One member appointed by the governor shall serve for an	510
initial term of one year.	511

(4) One-third of the members appointed by the operator,	512
rounded down to the nearest whole number, shall serve for an	513
initial term of three years.	514

(5) One-third of the members appointed by the operator,	515
rounded down to the nearest whole number, shall serve for an	516
initial term of two years.	517

(6) One-third of the members appointed by the operator,	518
rounded down to the nearest whole number, shall serve for an	519
initial term of one year.	520

(7) Any remaining members appointed by the operator shall	521
serve for an initial term of one year.	522

Thereafter the terms of office of all members shall be for	523
three years.	524

The beginning date and ending date of terms of office shall	525
be as prescribed by the school's operator, unless modified in the	526
bylaws adopted under section 3328.13 of the Revised Code.	527

(C) Vacancies on the board shall be filled in the same manner	528
as the initial appointments. A member appointed to an unexpired	529
term shall serve for the remainder of that term and may be	530
reappointed subject to division (D) of this section.	531

(D) No member may serve for more than three consecutive	532
three-year terms.	533

(E) The officers of the board shall be selected by and from	534
among the members of the board.	535

(F) Compensation for the members of the board, if any, shall	536
be as prescribed in the bylaws adopted under section 3328.13 of	537
the Revised Code.	538

(G) It shall be construed that any contract entered into by	539
the board of trustees or any officer or trustee of a	540
college-preparatory boarding school, including, but not limited	541
to, an agreement or contract required by section 3318.08, 3318.60,	542
or 3318.61 of the Revised Code, is entered into by such	543
individuals in their official capacities as representatives of the	544
college-preparatory boarding school. No officer, trustee, or	545
member of the board of trustees of a college-preparatory boarding	546
school incurs any personal liability by virtue of section 3318.08,	547
3318.60, or 3318.61 of the Revised Code or the entering into any	548
contract on behalf of the school.	549

Sec. 3333.049. Not later than July 1, 2016, the chancellor of	550
the Ohio board of regents shall revise the requirements for	551
reading endorsement programs offered by institutions of higher	552
education to align those requirements with the reading	553
competencies adopted by the state board of education under section	554
3301.077 of the Revised Code.	555

Section 2.  That existing sections 3313.608, 3328.02, and	556
3328.15 of the Revised Code are hereby repealed.	557

Section 3. The Department of Education shall conduct a study	558
of diagnostic assessments for reading and writing for grades	559
kindergarten through three that may be considered for approval by	560
the State Board of Education under section 3301.079 of the Revised	561
Code. The study shall include an examination of various diagnostic	562
assessments to determine which are reliable and valid in	563
indicating a student's ability and progress toward reading at	564
grade level. The study shall also include methods to establish	565
correlations between assessment results in order to determine	566
equivalent performance levels across different assessments.	567

Not later than March 31, 2014, the Department shall submit a	568
report of the study to the State Board of Education, the Governor,	569
and the General Assembly, in accordance with section 101.68 of the	570
Revised Code, with specific recommendations on diagnostic	571
assessments, including recommended legislative changes regarding	572
the approval and use of such assessments.	573

Section 4.  This act is hereby declared to be an emergency	574
measure necessary for the immediate preservation of the public	575
peace, health, and safety. The reason for such necessity is to	576
facilitate timely implementation of the act's revisions regarding	577
reading intervention and to coordinate those revisions with other	578
recently enacted amendments regarding reading intervention.	579
Therefore, this act shall go into immediate effect.	580