(B)(1) The state board shall exercise leadership in the | 17 |
improvement of public education in this state, and administer the | 18 |
educational policies of this state relating to public schools, and | 19 |
relating to instruction and instructional material, building and | 20 |
equipment, transportation of pupils, administrative | 21 |
responsibilities of school officials and personnel, and finance | 22 |
and organization of school districts, educational service centers, | 23 |
and territory. Consultative and advisory services in such matters | 24 |
shall be provided by the board to school districts and educational | 25 |
service centers of this state. | 26 |
(2) The state board also shall develop a standard of | 27 |
financial reporting which shall be used by each school district | 28 |
board of education and each governing board of an educational | 29 |
service center, each governing authority of a community school | 30 |
established under Chapter 3314., each governing body of a STEM | 31 |
school established under Chapter 3328., and each board of trustees | 32 |
of a college-preparatory boarding school established under Chapter | 33 |
3328. of the Revised Code to make its financial information and | 34 |
annual budgets for each school building under its control | 35 |
available to the public in a format understandable by the average | 36 |
citizen. The format shall show, both at the district and at the | 37 |
school building level, revenue by source; expenditures for | 38 |
salaries, wages, and benefits of employees, showing such amounts | 39 |
separately for classroom teachers, other employees required to | 40 |
hold licenses issued pursuant to sections 3319.22 to 3319.31 of | 41 |
the Revised Code, and all other employees; expenditures other than | 42 |
for personnel, by category, including utilities, textbooks and | 43 |
other educational materials, equipment, permanent improvements, | 44 |
pupil transportation, extracurricular athletics, and other | 45 |
extracurricular activities; and per pupil expenditures. The format | 46 |
shall also include information on total revenue and expenditures, | 47 |
per pupil revenue, and expenditures for both classroom and | 48 |
nonclassroom purposes, as defined by the standards adopted under | 49 |
section 3302.20 of the Revised Code in the aggregate and for each | 50 |
subgroup of students, as defined by section 3317.40 of the Revised | 51 |
Code, that receives services provided for by state or federal | 52 |
funding. | 53 |
(3) Each school district board, governing authority, | 54 |
governing body, or board of trustees, or its respective designee, | 55 |
shall annually report, to the department of education, all | 56 |
financial information required by the standards for financial | 57 |
reporting, as prescribed by division (B)(2) of this section and | 58 |
adopted by the state board. The department shall make all reports | 59 |
submitted pursuant to this division available in such a way that | 60 |
allows for comparison between financial information included in | 61 |
these reports and financial information included in reports | 62 |
produced prior to July 1, 2013. The department shall post these | 63 |
reports in a prominent location on its web site and shall notify | 64 |
each school when reports are made available. | 65 |
(C) The state board shall administer and supervise the | 66 |
allocation and distribution of all state and federal funds for | 67 |
public school education under the provisions of law, and may | 68 |
prescribe such systems of accounting as are necessary and proper | 69 |
to this function. It may require county auditors and treasurers, | 70 |
boards of education, educational service center governing boards, | 71 |
treasurers of such boards, teachers, and other school officers and | 72 |
employees, or other public officers or employees, to file with it | 73 |
such reports as it may prescribe relating to such funds, or to the | 74 |
management and condition of such funds. | 75 |
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, | 76 |
XLVII, and LI of the Revised Code a reference is made to standards | 77 |
prescribed under this section or division (D) of this section, | 78 |
that reference shall be construed to refer to the standards | 79 |
prescribed under division (D)(2) of this section, unless the | 80 |
context specifically indicates a different meaning or intent. | 81 |
(2) The state board shall formulate and prescribe minimum | 82 |
standards to be applied to all elementary and secondary schools in | 83 |
this state for the purpose of providing children access to a | 84 |
general education of high quality according to the learning needs | 85 |
of each individual, including students with disabilities, | 86 |
economically disadvantaged students, limited English proficient | 87 |
students, and students identified as gifted. Such standards shall | 88 |
provide adequately for: the licensing of teachers, administrators, | 89 |
and other professional personnel and their assignment according to | 90 |
training and qualifications; efficient and effective instructional | 91 |
materials and equipment, including library facilities; the proper | 92 |
organization, administration, and supervision of each school, | 93 |
including regulations for preparing all necessary records and | 94 |
reports and the preparation of a statement of policies and | 95 |
objectives for each school; the provision of safe buildings, | 96 |
grounds, health and sanitary facilities and services; admission of | 97 |
pupils, and such requirements for their promotion from grade to | 98 |
grade as will assure that they are capable and prepared for the | 99 |
level of study to which they are certified; and requirements for | 100 |
graduation; and such other factors as the board finds necessary. | 101 |
In the formulation and administration of such standards for | 113 |
nonpublic schools the board shall also consider the particular | 114 |
needs, methods and objectives of those schools, provided they do | 115 |
not conflict with the provision of a general education of a high | 116 |
quality and provided that regular procedures shall be followed for | 117 |
promotion from grade to grade of pupils who have met the | 118 |
educational requirements prescribed. | 119 |
(a) Standards for the effective and efficient organization, | 124 |
administration, and supervision of each school district with a | 125 |
commitment to high expectations for every student based on the | 126 |
learning needs of each individual, including students with | 127 |
disabilities, economically disadvantaged students, limited English | 128 |
proficient students, and students identified as gifted, and | 129 |
commitment to closing the achievement gap without suppressing the | 130 |
achievement levels of higher achieving students so that all | 131 |
students achieve core knowledge and skills in accordance with the | 132 |
statewide academic standards adopted under section 3301.079 of the | 133 |
Revised Code; | 134 |
(c) Standards for school district buildings that may require | 137 |
the effective and efficient organization, administration, and | 138 |
supervision of each school district building with a commitment to | 139 |
high expectations for every student based on the learning needs of | 140 |
each individual, including students with disabilities, | 141 |
economically disadvantaged students, limited English proficient | 142 |
students, and students identified as gifted, and commitment to | 143 |
closing the achievement gap without suppressing the achievement | 144 |
levels of higher achieving students so that all students achieve | 145 |
core knowledge and skills in accordance with the statewide | 146 |
academic standards adopted under section 3301.079 of the Revised | 147 |
Code. | 148 |
(I) The state board shall require such reports from school | 168 |
districts and educational service centers, school officers, and | 169 |
employees as are necessary and desirable. The superintendents and | 170 |
treasurers of school districts and educational service centers | 171 |
shall certify as to the accuracy of all reports required by law or | 172 |
state board or state department of education rules to be submitted | 173 |
by the district or educational service center and which contain | 174 |
information necessary for calculation of state funding. Any | 175 |
superintendent who knowingly falsifies such report shall be | 176 |
subject to license revocation pursuant to section 3319.31 of the | 177 |
Revised Code. | 178 |
(J) In accordance with Chapter 119. of the Revised Code, the | 179 |
state board shall adopt procedures, standards, and guidelines for | 180 |
the education of children with disabilities pursuant to Chapter | 181 |
3323. of the Revised Code, including procedures, standards, and | 182 |
guidelines governing programs and services operated by county | 183 |
boards of developmental disabilities pursuant to section 3323.09 | 184 |
of the Revised Code. | 185 |
(K) For the purpose of encouraging the development of special | 186 |
programs of education for academically gifted children, the state | 187 |
board shall employ competent persons to analyze and publish data, | 188 |
promote research, advise and counsel with boards of education, and | 189 |
encourage the training of teachers in the special instruction of | 190 |
gifted children. The board may provide financial assistance out of | 191 |
any funds appropriated for this purpose to boards of education and | 192 |
educational service center governing boards for developing and | 193 |
conducting programs of education for academically gifted children. | 194 |
(N) The state board may adopt rules necessary for carrying | 207 |
out any function imposed on it by law, and may provide rules as | 208 |
are necessary for its government and the government of its | 209 |
employees, and may delegate to the superintendent of public | 210 |
instruction the management and administration of any function | 211 |
imposed on it by law. It may provide for the appointment of board | 212 |
members to serve on temporary committees established by the board | 213 |
for such purposes as are necessary. Permanent or standing | 214 |
committees shall not be created. | 215 |
(O) Upon application from the board of education of a school | 216 |
district, the superintendent of public instruction may issue a | 217 |
waiver exempting the district from compliance with the standards | 218 |
adopted under divisions (B)(2) and (D) of this section, as they | 219 |
relate to the operation of a school operated by the district. The | 220 |
state board shall adopt standards for the approval or disapproval | 221 |
of waivers under this division. The state superintendent shall | 222 |
consider every application for a waiver, and shall determine | 223 |
whether to grant or deny a waiver in accordance with the state | 224 |
board's standards. For each waiver granted, the state | 225 |
superintendent shall specify the period of time during which the | 226 |
waiver is in effect, which shall not exceed five years. A district | 227 |
board may apply to renew a waiver. | 228 |
Sec. 3301.078. (A) The state board of education shall not | 229 |
adopt, and the department of education shall not implement, the | 230 |
academic content standards for English language arts and | 231 |
mathematics developed by the common core standards initiative or | 232 |
any similar initiative process or program. Nor shall the state | 233 |
board use the partnership for assessment of readiness for college | 234 |
and careers (PARCC), the smarter balanced assessment, or any other | 235 |
assessments related to or based on the common core standards. | 236 |
(B)(1) A school district board of education shall be the sole | 239 |
authority for adopting academic content standards that exceed the | 240 |
standards adopted by the state board under section 3301.079 of the | 241 |
Revised Code. No official of this state, whether appointed or | 242 |
elected, shall join on behalf of the state or a state agency any | 243 |
consortium, association, or other entity when such membership | 244 |
would require the state or a school district board to cede any | 245 |
measure of control over education, including academic content | 246 |
standards and assessments of such standards. | 247 |
(2) The state board shall provide a minimum of ninety days | 248 |
public notice of any proposed adoption or revision of academic | 249 |
content standards on the department of education's web site. The | 250 |
state board shall request comments on the proposed changes from | 251 |
the general public, including parents, teachers, experts on | 252 |
academic content standards, representatives of political, | 253 |
educational, and faith-based organizations, and nonpartisan policy | 254 |
institutes. | 255 |
(a) The numbers of students receiving each category of | 298 |
instructional service offered by the school district, such as | 299 |
regular education instruction, vocational education instruction, | 300 |
specialized instruction programs or enrichment instruction that is | 301 |
part of the educational curriculum, instruction for gifted | 302 |
students, instruction for students with disabilities, and remedial | 303 |
instruction. The guidelines shall require instructional services | 304 |
under this division to be divided into discrete categories if an | 305 |
instructional service is limited to a specific subject, a specific | 306 |
type of student, or both, such as regular instructional services | 307 |
in mathematics, remedial reading instructional services, | 308 |
instructional services specifically for students gifted in | 309 |
mathematics or some other subject area, or instructional services | 310 |
for students with a specific type of disability. The categories of | 311 |
instructional services required by the guidelines under this | 312 |
division shall be the same as the categories of instructional | 313 |
services used in determining cost units pursuant to division | 314 |
(C)(3) of this section. | 315 |
(b) The numbers of students receiving support or | 316 |
extracurricular services for each of the support services or | 317 |
extracurricular programs offered by the school district, such as | 318 |
counseling services, health services, and extracurricular sports | 319 |
and fine arts programs. The categories of services required by the | 320 |
guidelines under this division shall be the same as the categories | 321 |
of services used in determining cost units pursuant to division | 322 |
(C)(4)(a) of this section. | 323 |
(a) The total numbers of licensed employees and nonlicensed | 359 |
employees and the numbers of full-time equivalent licensed | 360 |
employees and nonlicensed employees providing each category of | 361 |
instructional service, instructional support service, and | 362 |
administrative support service used pursuant to division (C)(3) of | 363 |
this section. The guidelines adopted under this section shall | 364 |
require these categories of data to be maintained for the school | 365 |
district as a whole and, wherever applicable, for each grade in | 366 |
the school district as a whole, for each school building as a | 367 |
whole, and for each grade in each school building. | 368 |
(b) The total number of employees and the number of full-time | 369 |
equivalent employees providing each category of service used | 370 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 371 |
total numbers of licensed employees and nonlicensed employees and | 372 |
the numbers of full-time equivalent licensed employees and | 373 |
nonlicensed employees providing each category used pursuant to | 374 |
division (C)(4)(c) of this section. The guidelines adopted under | 375 |
this section shall require these categories of data to be | 376 |
maintained for the school district as a whole and, wherever | 377 |
applicable, for each grade in the school district as a whole, for | 378 |
each school building as a whole, and for each grade in each school | 379 |
building. | 380 |
(3)(a) Student demographic data for each school district, | 388 |
including information regarding the gender ratio of the school | 389 |
district's pupils, the racial make-up of the school district's | 390 |
pupils, the number of limited English proficient students in the | 391 |
district, and an appropriate measure of the number of the school | 392 |
district's pupils who reside in economically disadvantaged | 393 |
households. The demographic data shall be collected in a manner to | 394 |
allow correlation with data collected under division (B)(1) of | 395 |
this section. Categories for data collected pursuant to division | 396 |
(B)(3) of this section shall conform, where appropriate, to | 397 |
standard practices of agencies of the federal government. | 398 |
(C) The education management information system shall include | 406 |
cost accounting data for each district as a whole and for each | 407 |
school building in each school district. The guidelines adopted | 408 |
under this section shall require the cost data for each school | 409 |
district to be maintained in a system of mutually exclusive cost | 410 |
units and shall require all of the costs of each school district | 411 |
to be divided among the cost units. The guidelines shall require | 412 |
the system of mutually exclusive cost units to include at least | 413 |
the following: | 414 |
(3) Instructional services costs for each category of | 427 |
instructional service provided directly to students and required | 428 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 429 |
section. The guidelines shall require the cost units under | 430 |
division (C)(3) of this section to be designed so that each of | 431 |
them may be compiled and reported in terms of average expenditure | 432 |
per pupil receiving the service in the school district as a whole | 433 |
and average expenditure per pupil receiving the service in each | 434 |
building in the school district and in terms of a total cost for | 435 |
each category of service and, as a breakdown of the total cost, a | 436 |
cost for each of the following components: | 437 |
(4) Support or extracurricular services costs for each | 450 |
category of service directly provided to students and required by | 451 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 452 |
The guidelines shall require the cost units under division (C)(4) | 453 |
of this section to be designed so that each of them may be | 454 |
compiled and reported in terms of average expenditure per pupil | 455 |
receiving the service in the school district as a whole and | 456 |
average expenditure per pupil receiving the service in each | 457 |
building in the school district and in terms of a total cost for | 458 |
each category of service and, as a breakdown of the total cost, a | 459 |
cost for each of the following components: | 460 |
(D)(1) The guidelines adopted under this section shall | 475 |
require school districts to collect information about individual | 476 |
students, staff members, or both in connection with any data | 477 |
required by division (B) or (C) of this section or other reporting | 478 |
requirements established in the Revised Code. The guidelines may | 479 |
also require school districts to report information about | 480 |
individual staff members in connection with any data required by | 481 |
division (B) or (C) of this section or other reporting | 482 |
requirements established in the Revised Code. The guidelines shall | 483 |
not authorize school districts to request social security numbers | 484 |
of individual students. The guidelines shall prohibit the | 485 |
reporting under this section of a student's name, address, and | 486 |
social security number to the state board of education or the | 487 |
department of education. The guidelines shall also prohibit the | 488 |
reporting under this section of any personally identifiable | 489 |
information about any student, except for the purpose of assigning | 490 |
the data verification code required by division (D)(2) of this | 491 |
section, to any other person unless such person is employed by the | 492 |
school district or the information technology center operated | 493 |
under section 3301.075 of the Revised Code and is authorized by | 494 |
the district or technology center to have access to such | 495 |
information or is employed by an entity with which the department | 496 |
contracts for the scoring or the development of state assessments. | 497 |
Access to the information shall be restricted to the fulfillment | 498 |
of contractual obligations to process data on behalf of the school | 499 |
district. Such contract shall include a stipulation that the | 500 |
personally identifiable information shall not be shared with | 501 |
additional parties. The guidelines may require school districts to | 502 |
provide the social security numbers of individual staff members | 503 |
and the county of residence for a student. Nothing in this section | 504 |
prohibits the state board of education or department of education | 505 |
from providing a student's county of residence to the department | 506 |
of taxation to facilitate the distribution of tax revenue. | 507 |
(2)(a) The guidelines shall provide for each school district | 508 |
or community school to assign a data verification code that is | 509 |
unique on a statewide basis over time to each student whose | 510 |
initial Ohio enrollment is in that district or school and to | 511 |
report all required individual student data for that student | 512 |
utilizing such code. The guidelines shall also provide for | 513 |
assigning data verification codes to all students enrolled in | 514 |
districts or community schools on the effective date of the | 515 |
guidelines established under this section. The assignment of data | 516 |
verification codes for other entities, as described in division | 517 |
(D)(2)(c) of this section, the use of those codes, and the | 518 |
reporting and use of associated individual student data shall be | 519 |
coordinated by the department in accordance with state and federal | 520 |
law. | 521 |
(b) Each school district and community school shall ensure | 532 |
that the data verification code is included in the student's | 533 |
records reported to any subsequent school district, community | 534 |
school, or state institution of higher education, as defined in | 535 |
section 3345.011 of the Revised Code, in which the student | 536 |
enrolls. Any such subsequent district or school shall utilize the | 537 |
same identifier in its reporting of data under this section. | 538 |
(c) The director of any state agency that administers a | 539 |
publicly funded program providing services to children who are | 540 |
younger than compulsory school age, as defined in section 3321.01 | 541 |
of the Revised Code, including the directors of health, job and | 542 |
family services, mental health and addiction services, and | 543 |
developmental disabilities, shall request and receive, pursuant to | 544 |
sections 3301.0723 and 3701.62 of the Revised Code, a data | 545 |
verification code for a child who is receiving those services. | 546 |
(E) The guidelines adopted under this section may require | 547 |
school districts to collect and report data, information, or | 548 |
reports other than that described in divisions (A), (B), and (C) | 549 |
of this section for the purpose of complying with other reporting | 550 |
requirements established in the Revised Code. The other data, | 551 |
information, or reports may be maintained in the education | 552 |
management information system but are not required to be compiled | 553 |
as part of the profile formats required under division (G) of this | 554 |
section or the annual statewide report required under division (H) | 555 |
of this section. | 556 |
(2) The state board shall, in accordance with the procedures | 582 |
it adopts, annually prepare an individual report for each school | 583 |
district and the general public that includes the profiles of each | 584 |
of the school buildings in that school district developed pursuant | 585 |
to division (G) of this section. Copies of the report shall be | 586 |
sent to the superintendent of the district and to each member of | 587 |
the district board of education. | 588 |
(3) Copies of the reports received from the state board under | 589 |
divisions (H)(1) and (2) of this section shall be made available | 590 |
to the general public at each school district's offices. Each | 591 |
district board of education shall make copies of each report | 592 |
available to any person upon request and payment of a reasonable | 593 |
fee for the cost of reproducing the report. The board shall | 594 |
annually publish in a newspaper of general circulation in the | 595 |
school district, at least twice during the two weeks prior to the | 596 |
week in which the reports will first be available, a notice | 597 |
containing the address where the reports are available and the | 598 |
date on which the reports will be available. | 599 |
(1) "School district" means any city, local, exempted | 604 |
village, or joint vocational school district and, in accordance | 605 |
with section 3314.17 of the Revised Code, any community school. As | 606 |
used in division (L) of this section, "school district" also | 607 |
includes any educational service center or other educational | 608 |
entity required to submit data using the system established under | 609 |
this section. | 610 |
(L)(1) In accordance with division (L)(2) of this section and | 621 |
the rules adopted under division (L)(10) of this section, the | 622 |
department of education may sanction any school district that | 623 |
reports incomplete or inaccurate data, reports data that does not | 624 |
conform to data requirements and descriptions published by the | 625 |
department, fails to report data in a timely manner, or otherwise | 626 |
does not make a good faith effort to report data as required by | 627 |
this section. | 628 |
(4) If any action taken under division (L)(2) of this section | 681 |
resolves a school district's data reporting problems to the | 682 |
department's satisfaction, the department shall not take any | 683 |
further actions described by that division. If the department | 684 |
withheld funds from the district under that division, the | 685 |
department may release those funds to the district, except that if | 686 |
the department withheld funding under division (L)(2)(c) of this | 687 |
section, the department shall not release the funds withheld under | 688 |
division (L)(2)(b) of this section and, if the department withheld | 689 |
funding under division (L)(2)(d) of this section, the department | 690 |
shall not release the funds withheld under division (L)(2)(b) or | 691 |
(c) of this section. | 692 |
(5) Notwithstanding anything in this section to the contrary, | 693 |
the department may use its own staff or an outside entity to | 694 |
conduct an audit of a school district's data reporting practices | 695 |
any time the department has reason to believe the district has not | 696 |
made a good faith effort to report data as required by this | 697 |
section. If any audit conducted by an outside entity under | 698 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 699 |
district has not made a good faith effort to report data as | 700 |
required by this section, the district shall reimburse the | 701 |
department for the full cost of the audit. The department may | 702 |
withhold state funds due to the district for this purpose. | 703 |
(6) Prior to issuing a revised report card for a school | 704 |
district under division (L)(2)(d)(viii) of this section, the | 705 |
department may hold a hearing to provide the district with an | 706 |
opportunity to demonstrate that it made a good faith effort to | 707 |
report data as required by this section. The hearing shall be | 708 |
conducted by a referee appointed by the department. Based on the | 709 |
information provided in the hearing, the referee shall recommend | 710 |
whether the department should issue a revised report card for the | 711 |
district. If the referee affirms the department's contention that | 712 |
the district did not make a good faith effort to report data as | 713 |
required by this section, the district shall bear the full cost of | 714 |
conducting the hearing and of issuing any revised report card. | 715 |