As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 353

Senator LaRose 

Cosponsors: Senators Manning, Beagle 

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A BILL

To amend section 3301.0714 of the Revised Code to

1

require the Education Management Information

2

System to include information regarding persons at

3

whom a student's violent behavior that resulted in

4

discipline was directed and to require the

5

Department of Education to submit a one-time

6

report to the General Assembly regarding that

7

information.

8

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

Section 1. That section 3301.0714 of the Revised Code be	9
amended to read as follows:	10

Sec. 3301.0714.  (A) The state board of education shall adopt	11
rules for a statewide education management information system. The	12
rules shall require the state board to establish guidelines for	13
the establishment and maintenance of the system in accordance with	14
this section and the rules adopted under this section. The	15
guidelines shall include:	16

(1) Standards identifying and defining the types of data in	17
the system in accordance with divisions (B) and (C) of this	18
section;	19

(2) Procedures for annually collecting and reporting the data	20
to the state board in accordance with division (D) of this	21
section;	22

(3) Procedures for annually compiling the data in accordance	23
with division (G) of this section;	24

(4) Procedures for annually reporting the data to the public	25
in accordance with division (H) of this section.	26

(B) The guidelines adopted under this section shall require	27
the data maintained in the education management information system	28
to include at least the following:	29

(1) Student participation and performance data, for each	30
grade in each school district as a whole and for each grade in	31
each school building in each school district, that includes:	32

(a) The numbers of students receiving each category of	33
instructional service offered by the school district, such as	34
regular education instruction, vocational education instruction,	35
specialized instruction programs or enrichment instruction that is	36
part of the educational curriculum, instruction for gifted	37
students, instruction for students with disabilities, and remedial	38
instruction. The guidelines shall require instructional services	39
under this division to be divided into discrete categories if an	40
instructional service is limited to a specific subject, a specific	41
type of student, or both, such as regular instructional services	42
in mathematics, remedial reading instructional services,	43
instructional services specifically for students gifted in	44
mathematics or some other subject area, or instructional services	45
for students with a specific type of disability. The categories of	46
instructional services required by the guidelines under this	47
division shall be the same as the categories of instructional	48
services used in determining cost units pursuant to division	49
(C)(3) of this section.	50

(b) The numbers of students receiving support or	51
extracurricular services for each of the support services or	52
extracurricular programs offered by the school district, such as	53
counseling services, health services, and extracurricular sports	54
and fine arts programs. The categories of services required by the	55
guidelines under this division shall be the same as the categories	56
of services used in determining cost units pursuant to division	57
(C)(4)(a) of this section.	58

(c) Average student grades in each subject in grades nine	59
through twelve;	60

(d) Academic achievement levels as assessed under sections	61
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	62

(e) The number of students designated as having a disabling	63
condition pursuant to division (C)(1) of section 3301.0711 of the	64
Revised Code;	65

(f) The numbers of students reported to the state board	66
pursuant to division (C)(2) of section 3301.0711 of the Revised	67
Code;	68

(g) Attendance rates and the average daily attendance for the	69
year. For purposes of this division, a student shall be counted as	70
present for any field trip that is approved by the school	71
administration.	72

(h) Expulsion rates;

73

(i) Suspension rates;

74

(j) Dropout rates;

75

(k) Rates of retention in grade;

76

(l) For pupils in grades nine through twelve, the average	77
number of carnegie units, as calculated in accordance with state	78
board of education rules;	79

(m) Graduation rates, to be calculated in a manner specified	80
by the department of education that reflects the rate at which	81
students who were in the ninth grade three years prior to the	82
current year complete school and that is consistent with	83
nationally accepted reporting requirements;	84

(n) Results of diagnostic assessments administered to	85
kindergarten students as required under section 3301.0715 of the	86
Revised Code to permit a comparison of the academic readiness of	87
kindergarten students. However, no district shall be required to	88
report to the department the results of any diagnostic assessment	89
administered to a kindergarten student if the parent of that	90
student requests the district not to report those results.	91

(o) Beginning on the first day of July that next succeeds the	92
effective date of this amendment, for each disciplinary action	93
which is required to be reported under division (B)(4) of this	94
section, districts and schools also shall include an	95
identification of the person or persons, if any, at whom the	96
student's violent behavior that resulted in discipline was	97
directed. The person or persons shall be identified by the	98
respective classification at the district or school, such as	99
student, teacher, or nonteaching employee, but shall not be	100
identified by name.	101

Division (B)(1)(o) of this section does not apply after the	102
date that is two years following the submission of the report	103
required by Section 3 of this act.	104

(2) Personnel and classroom enrollment data for each school	105
district, including:	106

(a) The total numbers of licensed employees and nonlicensed	107
employees and the numbers of full-time equivalent licensed	108
employees and nonlicensed employees providing each category of	109
instructional service, instructional support service, and	110
administrative support service used pursuant to division (C)(3) of	111
this section. The guidelines adopted under this section shall	112
require these categories of data to be maintained for the school	113
district as a whole and, wherever applicable, for each grade in	114
the school district as a whole, for each school building as a	115
whole, and for each grade in each school building.	116

(b) The total number of employees and the number of full-time	117
equivalent employees providing each category of service used	118
pursuant to divisions (C)(4)(a) and (b) of this section, and the	119
total numbers of licensed employees and nonlicensed employees and	120
the numbers of full-time equivalent licensed employees and	121
nonlicensed employees providing each category used pursuant to	122
division (C)(4)(c) of this section. The guidelines adopted under	123
this section shall require these categories of data to be	124
maintained for the school district as a whole and, wherever	125
applicable, for each grade in the school district as a whole, for	126
each school building as a whole, and for each grade in each school	127
building.	128

(c) The total number of regular classroom teachers teaching	129
classes of regular education and the average number of pupils	130
enrolled in each such class, in each of grades kindergarten	131
through five in the district as a whole and in each school	132
building in the school district.	133

(d) The number of lead teachers employed by each school	134
district and each school building.	135

(3)(a) Student demographic data for each school district,	136
including information regarding the gender ratio of the school	137
district's pupils, the racial make-up of the school district's	138
pupils, the number of limited English proficient students in the	139
district, and an appropriate measure of the number of the school	140
district's pupils who reside in economically disadvantaged	141
households. The demographic data shall be collected in a manner to	142
allow correlation with data collected under division (B)(1) of	143
this section. Categories for data collected pursuant to division	144
(B)(3) of this section shall conform, where appropriate, to	145
standard practices of agencies of the federal government.	146

(b) With respect to each student entering kindergarten,	147
whether the student previously participated in a public preschool	148
program, a private preschool program, or a head start program, and	149
the number of years the student participated in each of these	150
programs.	151

(4) Any data required to be collected pursuant to federal	152
law.	153

(C) The education management information system shall include	154
cost accounting data for each district as a whole and for each	155
school building in each school district. The guidelines adopted	156
under this section shall require the cost data for each school	157
district to be maintained in a system of mutually exclusive cost	158
units and shall require all of the costs of each school district	159
to be divided among the cost units. The guidelines shall require	160
the system of mutually exclusive cost units to include at least	161
the following:	162

(1) Administrative costs for the school district as a whole.	163
The guidelines shall require the cost units under this division	164
(C)(1) to be designed so that each of them may be compiled and	165
reported in terms of average expenditure per pupil in formula ADM	166
in the school district, as determined pursuant to section 3317.03	167
of the Revised Code.	168

(2) Administrative costs for each school building in the	169
school district. The guidelines shall require the cost units under	170
this division (C)(2) to be designed so that each of them may be	171
compiled and reported in terms of average expenditure per	172
full-time equivalent pupil receiving instructional or support	173
services in each building.	174

(3) Instructional services costs for each category of	175
instructional service provided directly to students and required	176
by guidelines adopted pursuant to division (B)(1)(a) of this	177
section. The guidelines shall require the cost units under	178
division (C)(3) of this section to be designed so that each of	179
them may be compiled and reported in terms of average expenditure	180
per pupil receiving the service in the school district as a whole	181
and average expenditure per pupil receiving the service in each	182
building in the school district and in terms of a total cost for	183
each category of service and, as a breakdown of the total cost, a	184
cost for each of the following components:	185

(a) The cost of each instructional services category required	186
by guidelines adopted under division (B)(1)(a) of this section	187
that is provided directly to students by a classroom teacher;	188

(b) The cost of the instructional support services, such as	189
services provided by a speech-language pathologist, classroom	190
aide, multimedia aide, or librarian, provided directly to students	191
in conjunction with each instructional services category;	192

(c) The cost of the administrative support services related	193
to each instructional services category, such as the cost of	194
personnel that develop the curriculum for the instructional	195
services category and the cost of personnel supervising or	196
coordinating the delivery of the instructional services category.	197

(4) Support or extracurricular services costs for each	198
category of service directly provided to students and required by	199
guidelines adopted pursuant to division (B)(1)(b) of this section.	200
The guidelines shall require the cost units under division (C)(4)	201
of this section to be designed so that each of them may be	202
compiled and reported in terms of average expenditure per pupil	203
receiving the service in the school district as a whole and	204
average expenditure per pupil receiving the service in each	205
building in the school district and in terms of a total cost for	206
each category of service and, as a breakdown of the total cost, a	207
cost for each of the following components:	208

(a) The cost of each support or extracurricular services	209
category required by guidelines adopted under division (B)(1)(b)	210
of this section that is provided directly to students by a	211
licensed employee, such as services provided by a guidance	212
counselor or any services provided by a licensed employee under a	213
supplemental contract;	214

(b) The cost of each such services category provided directly	215
to students by a nonlicensed employee, such as janitorial	216
services, cafeteria services, or services of a sports trainer;	217

(c) The cost of the administrative services related to each	218
services category in division (C)(4)(a) or (b) of this section,	219
such as the cost of any licensed or nonlicensed employees that	220
develop, supervise, coordinate, or otherwise are involved in	221
administering or aiding the delivery of each services category.	222

(D)(1) The guidelines adopted under this section shall	223
require school districts to collect information about individual	224
students, staff members, or both in connection with any data	225
required by division (B) or (C) of this section or other reporting	226
requirements established in the Revised Code. The guidelines may	227
also require school districts to report information about	228
individual staff members in connection with any data required by	229
division (B) or (C) of this section or other reporting	230
requirements established in the Revised Code. The guidelines shall	231
not authorize school districts to request social security numbers	232
of individual students. The guidelines shall prohibit the	233
reporting under this section of a student's name, address, and	234
social security number to the state board of education or the	235
department of education. The guidelines shall also prohibit the	236
reporting under this section of any personally identifiable	237
information about any student, except for the purpose of assigning	238
the data verification code required by division (D)(2) of this	239
section, to any other person unless such person is employed by the	240
school district or the information technology center operated	241
under section 3301.075 of the Revised Code and is authorized by	242
the district or technology center to have access to such	243
information or is employed by an entity with which the department	244
contracts for the scoring or the development of state assessments.	245
The guidelines may require school districts to provide the social	246
security numbers of individual staff members and the county of	247
residence for a student. Nothing in this section prohibits the	248
state board of education or department of education from providing	249
a student's county of residence to the department of taxation to	250
facilitate the distribution of tax revenue.	251

(2)(a) The guidelines shall provide for each school district	252
or community school to assign a data verification code that is	253
unique on a statewide basis over time to each student whose	254
initial Ohio enrollment is in that district or school and to	255
report all required individual student data for that student	256
utilizing such code. The guidelines shall also provide for	257
assigning data verification codes to all students enrolled in	258
districts or community schools on the effective date of the	259
guidelines established under this section. The assignment of data	260
verification codes for other entities, as described in division	261
(D)(2)(c) of this section, the use of those codes, and the	262
reporting and use of associated individual student data shall be	263
coordinated by the department in accordance with state and federal	264
law.	265

School districts shall report individual student data to the	266
department through the information technology centers utilizing	267
the code. The entities described in division (D)(2)(c) of this	268
section shall report individual student data to the department in	269
the manner prescribed by the department.	270

Except as provided in sections 3301.941, 3310.11, 3310.42,	271
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	272
shall the state board or the department have access to information	273
that would enable any data verification code to be matched to	274
personally identifiable student data.	275

(b) Each school district and community school shall ensure	276
that the data verification code is included in the student's	277
records reported to any subsequent school district, community	278
school, or state institution of higher education, as defined in	279
section 3345.011 of the Revised Code, in which the student	280
enrolls. Any such subsequent district or school shall utilize the	281
same identifier in its reporting of data under this section.	282

(c) The director of any state agency that administers a	283
publicly funded program providing services to children who are	284
younger than compulsory school age, as defined in section 3321.01	285
of the Revised Code, including the directors of health, job and	286
family services, mental health and addiction services, and	287
developmental disabilities, shall request and receive, pursuant to	288
sections 3301.0723 and 3701.62 of the Revised Code, a data	289
verification code for a child who is receiving those services.	290

(E) The guidelines adopted under this section may require	291
school districts to collect and report data, information, or	292
reports other than that described in divisions (A), (B), and (C)	293
of this section for the purpose of complying with other reporting	294
requirements established in the Revised Code. The other data,	295
information, or reports may be maintained in the education	296
management information system but are not required to be compiled	297
as part of the profile formats required under division (G) of this	298
section or the annual statewide report required under division (H)	299
of this section.	300

(F) Beginning with the school year that begins July 1, 1991,	301
the board of education of each school district shall annually	302
collect and report to the state board, in accordance with the	303
guidelines established by the board, the data required pursuant to	304
this section. A school district may collect and report these data	305
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	306

(G) The state board shall, in accordance with the procedures	307
it adopts, annually compile the data reported by each school	308
district pursuant to division (D) of this section. The state board	309
shall design formats for profiling each school district as a whole	310
and each school building within each district and shall compile	311
the data in accordance with these formats. These profile formats	312
shall:	313

(1) Include all of the data gathered under this section in a	314
manner that facilitates comparison among school districts and	315
among school buildings within each school district;	316

(2) Present the data on academic achievement levels as	317
assessed by the testing of student achievement maintained pursuant	318
to division (B)(1)(d) of this section.	319

(H)(1) The state board shall, in accordance with the	320
procedures it adopts, annually prepare a statewide report for all	321
school districts and the general public that includes the profile	322
of each of the school districts developed pursuant to division (G)	323
of this section. Copies of the report shall be sent to each school	324
district.	325

(2) The state board shall, in accordance with the procedures	326
it adopts, annually prepare an individual report for each school	327
district and the general public that includes the profiles of each	328
of the school buildings in that school district developed pursuant	329
to division (G) of this section. Copies of the report shall be	330
sent to the superintendent of the district and to each member of	331
the district board of education.	332

(3) Copies of the reports received from the state board under	333
divisions (H)(1) and (2) of this section shall be made available	334
to the general public at each school district's offices. Each	335
district board of education shall make copies of each report	336
available to any person upon request and payment of a reasonable	337
fee for the cost of reproducing the report. The board shall	338
annually publish in a newspaper of general circulation in the	339
school district, at least twice during the two weeks prior to the	340
week in which the reports will first be available, a notice	341
containing the address where the reports are available and the	342
date on which the reports will be available.	343

(I) Any data that is collected or maintained pursuant to this	344
section and that identifies an individual pupil is not a public	345
record for the purposes of section 149.43 of the Revised Code.	346

(J) As used in this section:

347

(1) "School district" means any city, local, exempted	348
village, or joint vocational school district and, in accordance	349
with section 3314.17 of the Revised Code, any community school. As	350
used in division (L) of this section, "school district" also	351
includes any educational service center or other educational	352
entity required to submit data using the system established under	353
this section.	354

(2) "Cost" means any expenditure for operating expenses made	355
by a school district excluding any expenditures for debt	356
retirement except for payments made to any commercial lending	357
institution for any loan approved pursuant to section 3313.483 of	358
the Revised Code.	359

(K) Any person who removes data from the information system	360
established under this section for the purpose of releasing it to	361
any person not entitled under law to have access to such	362
information is subject to section 2913.42 of the Revised Code	363
prohibiting tampering with data.	364

(L)(1) In accordance with division (L)(2) of this section and	365
the rules adopted under division (L)(10) of this section, the	366
department of education may sanction any school district that	367
reports incomplete or inaccurate data, reports data that does not	368
conform to data requirements and descriptions published by the	369
department, fails to report data in a timely manner, or otherwise	370
does not make a good faith effort to report data as required by	371
this section.	372

(2) If the department decides to sanction a school district	373
under this division, the department shall take the following	374
sequential actions:	375

(a) Notify the district in writing that the department has	376
determined that data has not been reported as required under this	377
section and require the district to review its data submission and	378
submit corrected data by a deadline established by the department.	379
The department also may require the district to develop a	380
corrective action plan, which shall include provisions for the	381
district to provide mandatory staff training on data reporting	382
procedures.	383

(b) Withhold up to ten per cent of the total amount of state	384
funds due to the district for the current fiscal year and, if not	385
previously required under division (L)(2)(a) of this section,	386
require the district to develop a corrective action plan in	387
accordance with that division;	388

(c) Withhold an additional amount of up to twenty per cent of	389
the total amount of state funds due to the district for the	390
current fiscal year;	391

(d) Direct department staff or an outside entity to	392
investigate the district's data reporting practices and make	393
recommendations for subsequent actions. The recommendations may	394
include one or more of the following actions:	395

(i) Arrange for an audit of the district's data reporting	396
practices by department staff or an outside entity;	397

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

398

(iii) Withhold an additional amount of up to thirty per cent	399
of the total amount of state funds due to the district for the	400
current fiscal year;	401

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

402

(v) Assign department staff to supervise the district's data	403
management system;	404

(vi) Conduct an investigation to determine whether to suspend	405
or revoke the license of any district employee in accordance with	406
division (N) of this section;	407

(vii) If the district is issued a report card under section	408
3302.03 of the Revised Code, indicate on the report card that the	409
district has been sanctioned for failing to report data as	410
required by this section;	411

(viii) If the district is issued a report card under section	412
3302.03 of the Revised Code and incomplete or inaccurate data	413
submitted by the district likely caused the district to receive a	414
higher performance rating than it deserved under that section,	415
issue a revised report card for the district;	416

(ix) Any other action designed to correct the district's data	417
reporting problems.	418

(3) Any time the department takes an action against a school	419
district under division (L)(2) of this section, the department	420
shall make a report of the circumstances that prompted the action.	421
The department shall send a copy of the report to the district	422
superintendent or chief administrator and maintain a copy of the	423
report in its files.	424

(4) If any action taken under division (L)(2) of this section	425
resolves a school district's data reporting problems to the	426
department's satisfaction, the department shall not take any	427
further actions described by that division. If the department	428
withheld funds from the district under that division, the	429
department may release those funds to the district, except that if	430
the department withheld funding under division (L)(2)(c) of this	431
section, the department shall not release the funds withheld under	432
division (L)(2)(b) of this section and, if the department withheld	433
funding under division (L)(2)(d) of this section, the department	434
shall not release the funds withheld under division (L)(2)(b) or	435
(c) of this section.	436

(5) Notwithstanding anything in this section to the contrary,	437
the department may use its own staff or an outside entity to	438
conduct an audit of a school district's data reporting practices	439
any time the department has reason to believe the district has not	440
made a good faith effort to report data as required by this	441
section. If any audit conducted by an outside entity under	442
division (L)(2)(d)(i) or (5) of this section confirms that a	443
district has not made a good faith effort to report data as	444
required by this section, the district shall reimburse the	445
department for the full cost of the audit. The department may	446
withhold state funds due to the district for this purpose.	447

(6) Prior to issuing a revised report card for a school	448
district under division (L)(2)(d)(viii) of this section, the	449
department may hold a hearing to provide the district with an	450
opportunity to demonstrate that it made a good faith effort to	451
report data as required by this section. The hearing shall be	452
conducted by a referee appointed by the department. Based on the	453
information provided in the hearing, the referee shall recommend	454
whether the department should issue a revised report card for the	455
district. If the referee affirms the department's contention that	456
the district did not make a good faith effort to report data as	457
required by this section, the district shall bear the full cost of	458
conducting the hearing and of issuing any revised report card.	459

(7) If the department determines that any inaccurate data	460
reported under this section caused a school district to receive	461
excess state funds in any fiscal year, the district shall	462
reimburse the department an amount equal to the excess funds, in	463
accordance with a payment schedule determined by the department.	464
The department may withhold state funds due to the district for	465
this purpose.	466

(8) Any school district that has funds withheld under	467
division (L)(2) of this section may appeal the withholding in	468
accordance with Chapter 119. of the Revised Code.	469

(9) In all cases of a disagreement between the department and	470
a school district regarding the appropriateness of an action taken	471
under division (L)(2) of this section, the burden of proof shall	472
be on the district to demonstrate that it made a good faith effort	473
to report data as required by this section.	474

(10) The state board of education shall adopt rules under	475
Chapter 119. of the Revised Code to implement division (L) of this	476
section.	477

(M) No information technology center or school district shall	478
acquire, change, or update its student administration software	479
package to manage and report data required to be reported to the	480
department unless it converts to a student software package that	481
is certified by the department.	482

(N) The state board of education, in accordance with sections	483
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	484
license as defined under division (A) of section 3319.31 of the	485
Revised Code that has been issued to any school district employee	486
found to have willfully reported erroneous, inaccurate, or	487
incomplete data to the education management information system.	488

(O) No person shall release or maintain any information about	489
any student in violation of this section. Whoever violates this	490
division is guilty of a misdemeanor of the fourth degree.	491

(P) The department shall disaggregate the data collected	492
under division (B)(1)(n) of this section according to the race and	493
socioeconomic status of the students assessed. No data collected	494
under that division shall be included on the report cards required	495
by section 3302.03 of the Revised Code.	496

(Q) If the department cannot compile any of the information	497
required by division (H) of section 3302.03 of the Revised Code	498
based upon the data collected under this section, the department	499
shall develop a plan and a reasonable timeline for the collection	500
of any data necessary to comply with that division.	501

Section 2.  That existing section 3301.0714 of the Revised	502
Code is hereby repealed.	503

Section 3. The Department of Education shall prepare a report	504
of the information maintained in the Education Management	505
Information System that relates to persons at whom violent student	506
behavior resulting in reported disciplinary actions was directed	507
as required by division (B)(1)(o) of section 3301.0714 of the	508
Revised Code, as amended by this act, for the first two school	509
years following the effective date of this section. Not later than	510
the first day of October that next succeeds the final day of the	511
second school year following the effective date of this section,	512
the Department shall submit the report prepared under this section	513
to the President and Minority Leader of the Senate, Speaker and	514
Minority Leader of the House of Representatives, and the	515
chairpersons and ranking minority members of the standing	516
committees on education of the Senate and House of	517
Representatives.	518