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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) 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 |
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 |
(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 |
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 |