As Reported by the House Education Committee

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 96

Senator LaRose 

Cosponsors: Senators Cafaro, Hite, Lehner, Eklund, Hughes, Obhof, Peterson, Sawyer, Schiavoni, Smith, Tavares, Turner, Uecker 

Representative Fedor 

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A BILL

To amend sections 3301.0711, 3301.0712, 3302.02,

1

3302.03, 3302.035, 3313.534, 3313.603, 3313.612,

2

3313.672, 3313.814, 3314.06, 3317.034, 3319.227,

3

3319.261, 3365.04, 3365.05, and 3365.07 of the

4

Revised Code, and to amend Sections 263.20 and

5

263.320 of Am. Sub. H.B. 59 of the 130th General

6

Assembly, as subsequently amended, and Section 9

7

of Am. Sub. H.B. 487 of the 130th General Assembly

8

to require one-half unit of world history in the

9

high school social studies curriculum, to revise

10

the law on state assessments and academic

11

performance reporting, and to make other changes

12

regarding primary and secondary education

13

programs.

14

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

Section 1. That sections 3301.0711, 3301.0712, 3302.02,	15
3302.03, 3302.035, 3313.534, 3313.603, 3313.612, 3313.672,	16
3313.814, 3314.06, 3317.034, 3319.227, 3319.261, 3365.04, 3365.05,	17
and 3365.07 of the Revised Code be amended to read as follows:	18

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

19

(1) Annually furnish to, grade, and score all assessments	20
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	21
the Revised Code to be administered by city, local, exempted	22
village, and joint vocational school districts, except that each	23
district shall score any assessment administered pursuant to	24
division (B)(10) of this section. Each assessment so furnished	25
shall include the data verification code of the student to whom	26
the assessment will be administered, as assigned pursuant to	27
division (D)(2) of section 3301.0714 of the Revised Code. In	28
furnishing the practice versions of Ohio graduation tests	29
prescribed by division (D) of section 3301.0710 of the Revised	30
Code, the department shall make the tests available on its web	31
site for reproduction by districts. In awarding contracts for	32
grading assessments, the department shall give preference to	33
Ohio-based entities employing Ohio residents.	34

(2) Adopt rules for the ethical use of assessments and	35
prescribing the manner in which the assessments prescribed by	36
section 3301.0710 of the Revised Code shall be administered to	37
students.	38

(B) Except as provided in divisions (C) and (J) of this	39
section, the board of education of each city, local, and exempted	40
village school district shall, in accordance with rules adopted	41
under division (A) of this section:	42

(1) Administer the English language arts assessments	43
prescribed under division (A)(1)(a) of section 3301.0710 of the	44
Revised Code twice annually to all students in the third grade who	45
have not attained the score designated for that assessment under	46
division (A)(2)(c) of section 3301.0710 of the Revised Code.	47

(2) Administer the mathematics assessment prescribed under	48
division (A)(1)(a) of section 3301.0710 of the Revised Code at	49
least once annually to all students in the third grade.	50

(3) Administer the assessments prescribed under division	51
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	52
annually to all students in the fourth grade.	53

(4) Administer the assessments prescribed under division	54
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	55
annually to all students in the fifth grade.	56

(5) Administer the assessments prescribed under division	57
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	58
annually to all students in the sixth grade.	59

(6) Administer the assessments prescribed under division	60
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	61
annually to all students in the seventh grade.	62

(7) Administer the assessments prescribed under division	63
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	64
annually to all students in the eighth grade.	65

(8) Except as provided in division (B)(9) of this section,	66
administer any assessment prescribed under division (B)(1) of	67
section 3301.0710 of the Revised Code as follows:	68

(a) At least once annually to all tenth grade students and at	69
least twice annually to all students in eleventh or twelfth grade	70
who have not yet attained the score on that assessment designated	71
under that division;	72

(b) To any person who has successfully completed the	73
curriculum in any high school or the individualized education	74
program developed for the person by any high school pursuant to	75
section 3323.08 of the Revised Code but has not received a high	76
school diploma and who requests to take such assessment, at any	77
time such assessment is administered in the district.	78

(9) In lieu of the board of education of any city, local, or	79
exempted village school district in which the student is also	80
enrolled, the board of a joint vocational school district shall	81
administer any assessment prescribed under division (B)(1) of	82
section 3301.0710 of the Revised Code at least twice annually to	83
any student enrolled in the joint vocational school district who	84
has not yet attained the score on that assessment designated under	85
that division. A board of a joint vocational school district may	86
also administer such an assessment to any student described in	87
division (B)(8)(b) of this section.	88

(10) If the district has a three-year average graduation rate	89
of not more than seventy-five per cent, administer each assessment	90
prescribed by division (D) of section 3301.0710 of the Revised	91
Code in September to all ninth grade students, beginning in the	92
school year that starts July 1, 2005who entered ninth grade prior	93
to July 1, 2014.	94

Except as provided in section 3313.614 of the Revised Code	95
for administration of an assessment to a person who has fulfilled	96
the curriculum requirement for a high school diploma but has not	97
passed one or more of the required assessments, the assessments	98
prescribed under division (B)(1) of section 3301.0710 of the	99
Revised Code and the practice assessments prescribed under	100
division (D) of that section and required to be administered under	101
divisions (B)(8), (9), and (10) of this section shall not be	102
administered after July 1, 2015the date specified in the rules	103
adopted by the state board of education under division (D)(1) of	104
section 3301.0712 of the Revised Code.	105

(11) Administer the assessments prescribed by division (B)(2)	106
of section 3301.0710 and section 3301.0712 of the Revised Code in	107
accordance with the timeline and plan for implementation of those	108
assessments prescribed by rule of the state board adopted under	109
division (D)(1) of section 3301.0712 of the Revised Code.	110

(C)(1)(a) In the case of a student receiving special	111
education services under Chapter 3323. of the Revised Code, the	112
individualized education program developed for the student under	113
that chapter shall specify the manner in which the student will	114
participate in the assessments administered under this section.	115
The individualized education program may excuse the student from	116
taking any particular assessment required to be administered under	117
this section if it instead specifies an alternate assessment	118
method approved by the department of education as conforming to	119
requirements of federal law for receipt of federal funds for	120
disadvantaged pupils. To the extent possible, the individualized	121
education program shall not excuse the student from taking an	122
assessment unless no reasonable accommodation can be made to	123
enable the student to take the assessment.	124

(b) Any alternate assessment approved by the department for a	125
student under this division shall produce measurable results	126
comparable to those produced by the assessment it replaces in	127
order to allow for the student's results to be included in the	128
data compiled for a school district or building under section	129
3302.03 of the Revised Code.	130

(c) Any student enrolled in a chartered nonpublic school who	131
has been identified, based on an evaluation conducted in	132
accordance with section 3323.03 of the Revised Code or section 504	133
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	134
794, as amended, as a child with a disability shall be excused	135
from taking any particular assessment required to be administered	136
under this section if a plan developed for the student pursuant to	137
rules adopted by the state board excuses the student from taking	138
that assessment. In the case of any student so excused from taking	139
an assessment, the chartered nonpublic school shall not prohibit	140
the student from taking the assessment.	141

(2) A district board may, for medical reasons or other good	142
cause, excuse a student from taking an assessment administered	143
under this section on the date scheduled, but that assessment	144
shall be administered to the excused student not later than nine	145
days following the scheduled date. The district board shall	146
annually report the number of students who have not taken one or	147
more of the assessments required by this section to the state	148
board of education not later than the thirtieth day of June.	149

(3) As used in this division, "limited English proficient	150
student" has the same meaning as in 20 U.S.C. 7801.	151

No school district board shall excuse any limited English	152
proficient student from taking any particular assessment required	153
to be administered under this section, except that any limited	154
English proficient student who has been enrolled in United States	155
schools for less than one full school year shall not be required	156
to take any reading, writing, or English language arts assessment.	157
However, no board shall prohibit a limited English proficient	158
student who is not required to take an assessment under this	159
division from taking the assessment. A board may permit any	160
limited English proficient student to take an assessment required	161
to be administered under this section with appropriate	162
accommodations, as determined by the department. For each limited	163
English proficient student, each school district shall annually	164
assess that student's progress in learning English, in accordance	165
with procedures approved by the department.	166

The governing authority of a chartered nonpublic school may	167
excuse a limited English proficient student from taking any	168
assessment administered under this section. However, no governing	169
authority shall prohibit a limited English proficient student from	170
taking the assessment.	171

(D)(1) In the school year next succeeding the school year in	172
which the assessments prescribed by division (A)(1) or (B)(1) of	173
section 3301.0710 of the Revised Code or former division (A)(1),	174
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	175
existed prior to September 11, 2001, are administered to any	176
student, the board of education of any school district in which	177
the student is enrolled in that year shall provide to the student	178
intervention services commensurate with the student's performance,	179
including any intensive intervention required under section	180
3313.608 of the Revised Code, in any skill in which the student	181
failed to demonstrate at least a score at the proficient level on	182
the assessment.	183

(2) Following any administration of the assessments	184
prescribed by division (D) of section 3301.0710 of the Revised	185
Code to ninth grade students, each school district that has a	186
three-year average graduation rate of not more than seventy-five	187
per cent shall determine for each high school in the district	188
whether the school shall be required to provide intervention	189
services to any students who took the assessments. In determining	190
which high schools shall provide intervention services based on	191
the resources available, the district shall consider each school's	192
graduation rate and scores on the practice assessments. The	193
district also shall consider the scores received by ninth grade	194
students on the English language arts and mathematics assessments	195
prescribed under division (A)(1)(f) of section 3301.0710 of the	196
Revised Code in the eighth grade in determining which high schools	197
shall provide intervention services.	198

Each high school selected to provide intervention services	199
under this division shall provide intervention services to any	200
student whose results indicate that the student is failing to make	201
satisfactory progress toward being able to attain scores at the	202
proficient level on the Ohio graduation tests. Intervention	203
services shall be provided in any skill in which a student	204
demonstrates unsatisfactory progress and shall be commensurate	205
with the student's performance. Schools shall provide the	206
intervention services prior to the end of the school year, during	207
the summer following the ninth grade, in the next succeeding	208
school year, or at any combination of those times.	209

(E) Except as provided in section 3313.608 of the Revised	210
Code and division (M) of this section, no school district board of	211
education shall utilize any student's failure to attain a	212
specified score on an assessment administered under this section	213
as a factor in any decision to deny the student promotion to a	214
higher grade level. However, a district board may choose not to	215
promote to the next grade level any student who does not take an	216
assessment administered under this section or make up an	217
assessment as provided by division (C)(2) of this section and who	218
is not exempt from the requirement to take the assessment under	219
division (C)(3) of this section.	220

(F) No person shall be charged a fee for taking any	221
assessment administered under this section.	222

(G)(1) Each school district board shall designate one	223
location for the collection of assessments administered in the	224
spring under division (B)(1) of this section and those	225
administered under divisions (B)(2) to (7) of this section. Each	226
district board shall submit the assessments to the entity with	227
which the department contracts for the scoring of the assessments	228
as follows:	229

(a) If the district's total enrollment in grades kindergarten	230
through twelve during the first full school week of October was	231
less than two thousand five hundred, not later than the Friday	232
after all of the assessments have been administered;	233

(b) If the district's total enrollment in grades kindergarten	234
through twelve during the first full school week of October was	235
two thousand five hundred or more, but less than seven thousand,	236
not later than the Monday after all of the assessments have been	237
administered;	238

(c) If the district's total enrollment in grades kindergarten	239
through twelve during the first full school week of October was	240
seven thousand or more, not later than the Tuesday after all of	241
the assessments have been administered.	242

However, any assessment that a student takes during the	243
make-up period described in division (C)(2) of this section shall	244
be submitted not later than the Friday following the day the	245
student takes the assessment.	246

(2) The department or an entity with which the department	247
contracts for the scoring of the assessment shall send to each	248
school district board a list of the individual scores of all	249
persons taking an assessment prescribed by division (A)(1) or	250
(B)(1) of section 3301.0710 of the Revised Code within sixty days	251
after its administration, but in no case shall the scores be	252
returned later than the fifteenth day of June following the	253
administration. For assessments administered under this section by	254
a joint vocational school district, the department or entity shall	255
also send to each city, local, or exempted village school district	256
a list of the individual scores of any students of such city,	257
local, or exempted village school district who are attending	258
school in the joint vocational school district.	259

(H) Individual scores on any assessments administered under	260
this section shall be released by a district board only in	261
accordance with section 3319.321 of the Revised Code and the rules	262
adopted under division (A) of this section. No district board or	263
its employees shall utilize individual or aggregate results in any	264
manner that conflicts with rules for the ethical use of	265
assessments adopted pursuant to division (A) of this section.	266

(I) Except as provided in division (G) of this section, the	267
department or an entity with which the department contracts for	268
the scoring of the assessment shall not release any individual	269
scores on any assessment administered under this section. The	270
state board of education shall adopt rules to ensure the	271
protection of student confidentiality at all times. The rules may	272
require the use of the data verification codes assigned to	273
students pursuant to division (D)(2) of section 3301.0714 of the	274
Revised Code to protect the confidentiality of student scores.	275

(J) Notwithstanding division (D) of section 3311.52 of the	276
Revised Code, this section does not apply to the board of	277
education of any cooperative education school district except as	278
provided under rules adopted pursuant to this division.	279

(1) In accordance with rules that the state board of	280
education shall adopt, the board of education of any city,	281
exempted village, or local school district with territory in a	282
cooperative education school district established pursuant to	283
divisions (A) to (C) of section 3311.52 of the Revised Code may	284
enter into an agreement with the board of education of the	285
cooperative education school district for administering any	286
assessment prescribed under this section to students of the city,	287
exempted village, or local school district who are attending	288
school in the cooperative education school district.	289

(2) In accordance with rules that the state board of	290
education shall adopt, the board of education of any city,	291
exempted village, or local school district with territory in a	292
cooperative education school district established pursuant to	293
section 3311.521 of the Revised Code shall enter into an agreement	294
with the cooperative district that provides for the administration	295
of any assessment prescribed under this section to both of the	296
following:	297

(a) Students who are attending school in the cooperative	298
district and who, if the cooperative district were not	299
established, would be entitled to attend school in the city,	300
local, or exempted village school district pursuant to section	301
3313.64 or 3313.65 of the Revised Code;	302

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

303

Any assessment of students pursuant to such an agreement	304
shall be in lieu of any assessment of such students or persons	305
pursuant to this section.	306

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	307
or (K)(1)(c) of this section, each chartered nonpublic school for	308
which at least sixty-five per cent of its total enrollment is made	309
up of students who are participating in state scholarship programs	310
shall administer the elementary assessments prescribed by division	311
(A) of section 3301.0710 and division (B)(2) of section 3301.0712	312
of the Revised Code. In accordance with procedures and deadlines	313
prescribed by the department, the parent or guardian of a student	314
enrolled in the school who is not participating in a state	315
scholarship program may submit notice to the chief administrative	316
officer of the school that the parent or guardian does not wish to	317
have the student take the elementary assessments prescribed for	318
the student's grade level under division (A) of section 3301.0710	319
or division (B)(2) of section 3301.0712 of the Revised Code. If a	320
parent or guardian submits an opt-out notice, the school shall not	321
administer the assessments to that student. This option does not	322
apply to any assessment required for a high school diploma under	323
section 3313.612 of the Revised Code.	324

(b) If(i) Except as provided in division (K)(1)(b)(ii) of	325
this section, if a chartered nonpublic school is educating	326
students in grades nine through twelve, it shall administer the	327
assessments prescribed by divisionsdivision (B)(1) and (2) of	328
section 3301.0710 and division (B) of section 3301.0712 of the	329
Revised Code as a condition of compliance with section 3313.612 of	330
the Revised Code.	331

(ii) A chartered nonpublic school that exercises the	332
exemption authorized by division (D) of section 3313.612 of the	333
Revised Code and that is not subject to division (K)(1)(a) of this	334
section shall not be required to administer the end-of-course	335
examinations prescribed by division (B)(2) of section 3301.0712 of	336
the Revised Code, but that school shall administer the college and	337
career readiness assessment prescribed by division (B)(1) of that	338
section. The exemption is not available to a school that is	339
subject to division (K)(1)(a) of this section and does not apply	340
to any student attending a chartered nonpublic school under a	341
state scholarship program.	342

(c) A chartered nonpublic school may submit to the	343
superintendent of public instruction a request for a waiver from	344
administering the elementary assessments prescribed by division	345
(A) of section 3301.0710 and division (B)(2) of section 3301.0712	346
of the Revised Code. The state superintendent shall approve or	347
disapprove a request for a waiver submitted under division	348
(K)(1)(c) of this section. No waiver shall be approved for any	349
school year prior to the 2015-2016 school year.	350

To be eligible to submit a request for a waiver, a chartered	351
nonpublic school shall meet the following conditions:	352

(i) At least ninety-five per cent of the students enrolled in	353
the school are children with disabilities, as defined under	354
section 3323.01 of the Revised Code, or have received a diagnosis	355
by a school district or from a physician, including a	356
neuropsychiatrist or psychiatrist, or a psychologist who is	357
authorized to practice in this or another state as having a	358
condition that impairs academic performance, such as dyslexia,	359
dyscalculia, attention deficit hyperactivity disorder, or	360
Asperger's syndrome.	361

(ii) The school has solely served a student population	362
described in division (K)(1)(c)(i) of this section for at least	363
ten years.	364

(iii) The school provides to the department at least five	365
years of records of internal testing conducted by the school that	366
affords the department data required for accountability purposes,	367
including diagnostic assessments and nationally standardized	368
norm-referenced achievement assessments that measure reading and	369
math skills.	370

(d) Any chartered nonpublic school that is not subject to	371
division (K)(1)(a) of this section may participate in the	372
assessment program by administering any of the assessments	373
prescribed by division (A) of section 3301.0710 of the Revised	374
Code. The chief administrator of the school shall specify which	375
assessments the school will administer. Such specification shall	376
be made in writing to the superintendent of public instruction	377
prior to the first day of August of any school year in which	378
assessments are administered and shall include a pledge that the	379
nonpublic school will administer the specified assessments in the	380
same manner as public schools are required to do under this	381
section and rules adopted by the department.	382

(2) The department of education shall furnish the assessments	383
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	384
to each chartered nonpublic school that is subject toin	385
accordance with division (K)(1)(a) of this section or participates	386
under division (K)(1), (b), or (d) of this section.	387

(L)(1) The superintendent of the state school for the blind	388
and the superintendent of the state school for the deaf shall	389
administer the assessments described by sections 3301.0710 and	390
3301.0712 of the Revised Code. Each superintendent shall	391
administer the assessments in the same manner as district boards	392
are required to do under this section and rules adopted by the	393
department of education and in conformity with division (C)(1)(a)	394
of this section.	395

(2) The department of education shall furnish the assessments	396
described by sections 3301.0710 and 3301.0712 of the Revised Code	397
to each superintendent.	398

(M) Notwithstanding division (E) of this section, a school	399
district may use a student's failure to attain a score in at least	400
the proficient range on the mathematics assessment described by	401
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	402
an assessment described by division (A)(1)(b), (c), (d), (e), or	403
(f) of section 3301.0710 of the Revised Code as a factor in	404
retaining that student in the current grade level.	405

(N)(1) In the manner specified in divisions (N)(3), (4), and	406
(6) of this section, the assessments required by division (A)(1)	407
of section 3301.0710 of the Revised Code shall become public	408
records pursuant to section 149.43 of the Revised Code on the	409
thirty-first day of July following the school year that the	410
assessments were administered.	411

(2) The department may field test proposed questions with	412
samples of students to determine the validity, reliability, or	413
appropriateness of questions for possible inclusion in a future	414
year's assessment. The department also may use anchor questions on	415
assessments to ensure that different versions of the same	416
assessment are of comparable difficulty.	417

Field test questions and anchor questions shall not be	418
considered in computing scores for individual students. Field test	419
questions and anchor questions may be included as part of the	420
administration of any assessment required by division (A)(1) or	421
(B) of section 3301.0710 and division (B) of section 3301.0712 of	422
the Revised Code.	423

(3) Any field test question or anchor question administered	424
under division (N)(2) of this section shall not be a public	425
record. Such field test questions and anchor questions shall be	426
redacted from any assessments which are released as a public	427
record pursuant to division (N)(1) of this section.	428

(4) This division applies to the assessments prescribed by	429
division (A) of section 3301.0710 of the Revised Code.	430

(a) The first administration of each assessment, as specified	431
in former section 3301.0712 of the Revised Code, shall be a public	432
record.	433

(b) For subsequent administrations of each assessment prior	434
to the 2011-2012 school year, not less than forty per cent of the	435
questions on the assessment that are used to compute a student's	436
score shall be a public record. The department shall determine	437
which questions will be needed for reuse on a future assessment	438
and those questions shall not be public records and shall be	439
redacted from the assessment prior to its release as a public	440
record. However, for each redacted question, the department shall	441
inform each city, local, and exempted village school district of	442
the statewide academic standard adopted by the state board of	443
education under section 3301.079 of the Revised Code and the	444
corresponding benchmark to which the question relates. The	445
preceding sentence does not apply to field test questions that are	446
redacted under division (N)(3) of this section.	447

(c) The administrations of each assessment in the 2011-2012,	448
2012-2013, and 2013-2014 school years shall not be a public	449
record.	450

(5) Each assessment prescribed by division (B)(1) of section	451
3301.0710 of the Revised Code shall not be a public record.	452

(6) Beginning with the spring administration for the	453
2014-2015 school year, questions on the assessments prescribed	454
under division (A) of section 3301.0710 and division (B)(2) of	455
section 3301.0712 of the Revised Code and the corresponding	456
preferred answers that are used to compute a student's score shall	457
become a public record as follows:	458

(a) Forty per cent of the questions and preferred answers on	459
the assessments on the thirty-first day of July following the	460
administration of the assessment;	461

(b) Twenty per cent of the questions and preferred answers on	462
the assessment on the thirty-first day of July one year after the	463
administration of the assessment;	464

(c) The remaining forty per cent of the questions and	465
preferred answers on the assessment on the thirty-first day of	466
July two years after the administration of the assessment.	467

The entire content of an assessment shall become a public	468
record within three years of its administration.	469

The department shall make the questions that become a public	470
record under this division readily accessible to the public on the	471
department's web site. Questions on the spring administration of	472
each assessment shall be released on an annual basis, in	473
accordance with this division.	474

(O) As used in this section:

475

(1) "Three-year average" means the average of the most recent	476
consecutive three school years of data.	477

(2) "Dropout" means a student who withdraws from school	478
before completing course requirements for graduation and who is	479
not enrolled in an education program approved by the state board	480
of education or an education program outside the state. "Dropout"	481
does not include a student who has departed the country.	482

(3) "Graduation rate" means the ratio of students receiving a	483
diploma to the number of students who entered ninth grade four	484
years earlier. Students who transfer into the district are added	485
to the calculation. Students who transfer out of the district for	486
reasons other than dropout are subtracted from the calculation. If	487
a student who was a dropout in any previous year returns to the	488
same school district, that student shall be entered into the	489
calculation as if the student had entered ninth grade four years	490
before the graduation year of the graduating class that the	491
student joins.	492

(4) "State scholarship programs" means the educational choice	493
scholarship pilot program established under sections 3310.01 to	494
3310.17 of the Revised Code, the autism scholarship program	495
established under section 3310.41 of the Revised Code, the Jon	496
Peterson special needs scholarship program established under	497
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	498
project scholarship program established under sections 3313.974 to	499
3313.979 of the Revised Code.	500

Sec. 3301.0712.  (A) The state board of education, the	501
superintendent of public instruction, and the chancellor of the	502
Ohio board of regents shall develop a system of college and work	503
ready assessments as described in division (B) of this section to	504
assess whether each student upon graduating from high school is	505
ready to enter college or the workforce. Beginning with students	506
who enter the ninth grade for the first time on or after July 1,	507
2014, the system shall replace the Ohio graduation tests	508
prescribed in division (B)(1) of section 3301.0710 of the Revised	509
Code as a measure of student academic performance and one	510
determinant of eligibility for a high school diploma in the manner	511
prescribed by rule of the state board adopted under division (D)	512
of this section.	513

(B) The college and work ready assessment system shall	514
consist of the following:	515

(1) A nationally standardized assessment that measures	516
college and career readiness,and is used for college admission,	517
and includes components in English, mathematics, science, and	518
social studies. The assessment shall be selected jointly by the	519
state superintendent and the chancellor. The assessment prescribed	520
under division (B)(1) of this section shall be administered to all	521
eleventh-grade students.	522

(2) Seven end-of-course examinations, one in each of the	523
areas of English language arts I, English language arts II,	524
physical science or biology, Algebra I, geometry, American	525
history, and American government. The end-of-course examinations	526
shall be selected jointly by the state superintendent and the	527
chancellor in consultation with faculty in the appropriate subject	528
areas at institutions of higher education of the university system	529
of Ohio. Advanced placement examinations,and international	530
baccalaureate examinations, and dual enrollment or advanced	531
standing program examinations, as prescribed under section	532
3313.6013 of the Revised Code, in the areas of physical science or	533
biology, American history, and American government may be used as	534
end-of-course examinations in accordance with division	535
(B)(4)(a)(i) of this section. Final course grades for courses	536
taken under any other advanced standing program, as prescribed	537
under section 3313.6013 of the Revised Code, in the areas of	538
physical science or biology, American history, and American	539
government may be used in lieu of end-of-course examinations in	540
accordance with division (B)(4)(a)(ii) of this section.	541

(3)(a) Not later than July 1, 2013, each school district	542
board of education shall adopt interim end-of-course examinations	543
that comply with the requirements of divisions (B)(3)(b)(i) and	544
(ii) of this section to assess mastery of American history and	545
American government standards adopted under division (A)(1)(b) of	546
section 3301.079 of the Revised Code and the topics required under	547
division (M) of section 3313.603 of the Revised Code. Each high	548
school of the district shall use the interim examinations until	549
the state superintendent and chancellor select end-of-course	550
examinations in American history and American government under	551
division (B)(2) of this section.	552

(b) Not later than July 1, 2014, the state superintendent and	553
the chancellor shall select the end-of-course examinations in	554
American history and American government.	555

(i) The end-of-course examinations in American history and	556
American government shall require demonstration of mastery of the	557
American history and American government content for social	558
studies standards adopted under division (A)(1)(b) of section	559
3301.079 of the Revised Code and the topics required under	560
division (M) of section 3313.603 of the Revised Code.	561

(ii) At least twenty per cent of the end-of-course	562
examination in American government shall address the topics on	563
American history and American government described in division (M)	564
of section 3313.603 of the Revised Code.	565

(4)(a) Notwithstanding anything to the contrary in this	566
section, beginning with the 2014-2015 school year, ifboth of the	567
following shall apply:	568

(i) If a student is enrolled in an appropriate advanced	569
placement or international baccalaureate course or is enrolled	570
under any other dual enrollment or advanced standing program, that	571
student shall take the advanced placement or international	572
baccalaureate examination or applicable examination under dual	573
enrollment or advanced standing in lieu of the physical science or	574
biology, American history, or American government end-of-course	575
examinations prescribed under division (B)(2) of this section. The	576
state board shall specify the score levels for each advanced	577
placement examination,and international baccalaureate	578
examination, and examination required under other dual enrollment	579
or advanced standing programs for purposes of calculating the	580
minimum cumulative performance score that demonstrates the level	581
of academic achievement necessary to earn a high school diploma.	582

(ii) If a student is enrolled in an appropriate course under	583
any other advanced standing program, as described in section	584
3313.6013 of the Revised Code, that student shall not be required	585
to take the physical science or biology, American history, or	586
American government end-of-course examination, whichever is	587
applicable, prescribed under division (B)(2) of this section.	588
Instead, that student's final course grade shall be used in lieu	589
of the applicable end-of-course examination prescribed under that	590
section. The state superintendent and the chancellor jointly shall	591
adopt guidelines for purposes of calculating the minimum final	592
course grade that demonstrates the level of academic achievement	593
necessary to earn a high school diploma.	594

Division (B)(4)(a)(ii) of this section shall apply only to	595
courses for which students receive transcripted credit, as defined	596
in division (U) of section 3365.01 of the Revised Code. It shall	597
not apply to remedial or developmental courses.	598

(b) No student shall take a substitute examination or	599
examination prescribed under division (B)(4)(a) of this section in	600
place of the end-of-course examinations in English language arts	601
I, English language arts II, Algebra I, or geometry prescribed	602
under division (B)(2) of this section.	603

(c) The state board shall consider additional assessments	604
that may be used, beginning with the 2016-2017 school year, as	605
substitute examinations in lieu of the end-of-course examinations	606
prescribed under division (B)(2) of this section.	607

(5)(a) The state board shall determinedo all of the	608
following:	609

(a) Determine and designate at least five ranges of scores on	610
each of the end-of-course examinations prescribed under division	611
(B)(2) of this section, and substitute examinations prescribed	612
under division (B)(4) of this section. Each range of scores shall	613
be considered to demonstrate a level of achievement so that any	614
student attaining a score within such range has achieved one of	615
the following:	616

(i) An advanced level of skill;

617

(ii) An accelerated level of skill;

618

(iii) A proficient level of skill;

619

(iv) A basic level of skill;

620

(v) A limited level of skill.

621

(b) Determine a method by which to calculate a cumulative	622
performance score based on the results of a student's	623
end-of-course examinations or substitute examinations;	624

(c) Determine the minimum cumulative performance score that	625
demonstrates the level of academic achievement necessary to earn a	626
high school diploma;	627

(d) Develop a table of corresponding score equivalents for	628
the end-of-course examinations and substitute examinations in	629
order to calculate student performance consistently across the	630
different examinations. A score of two on an advanced placement	631
examination shall be considered equivalent to a proficient level	632
of skill as specified under division (B)(5)(a)(iii) of this	633
section. A score of three on an advanced placement examinations	634
shall be considered equivalent to an accelerated level of skill as	635
specified under division (B)(5)(a)(ii) of this section.	636

(6) Any student who received high school credit prior to July	637
1, 2014, for a course for which an end-of-course examination is	638
prescribed by division (B)(2) of this section shall not be	639
required to take that end-of-course examination. Receipt of credit	640
for that course shall satisfy the requirement to take the	641
end-of-course examination.	642

(7)(a) Notwithstanding anything to the contrary in this	643
section, the state board may replace the algebra I end-of-course	644
examination prescribed under division (B)(2) of this section with	645
an algebra II end-of-course examination, beginning with the	646
2016-2017 school year for students who enter ninth grade on or	647
after July 1, 2016.	648

(b) If the state board replaces the algebra I end-of-course	649
examination with an algebra II end-of-course examination as	650
authorized under division (B)(7)(a) of this section, aboth of the	651
following shall apply:	652

(i) A student who is enrolled in an advanced placement or	653
international baccalaureate course in algebra II or is enrolled	654
under any other dual enrollment or advanced standing program in	655
algebra II shall take the advanced placement or international	656
baccalaureate examination or applicable examination under dual	657
enrollment or advanced standing in lieu of the algebra II	658
end-of-course examination.	659

(ii) A student who is enrolled in an algebra II course under	660
any other advanced standing program, as described in section	661
3313.6013 of the Revised Code, shall not be required to take the	662
algebra II end-of-course examination, so long as the course is not	663
remedial or developmental and the student receives transcripted	664
credit, as defined in division (U) of section 3365.01 of the	665
Revised Code, for the course. Instead, that student's final course	666
grade shall be used in lieu of the examination.	667

(c) If a school district or school utilizes an integrated	668
approach to mathematics instruction, the district or school may do	669
either or both of the following:	670

(i) Administer an integrated mathematics I end-of-course	671
examination in lieu of the prescribed algebra I end-of-course	672
examination;	673

(ii) Administer an integrated mathematics II end-of-course	674
examination in lieu of the prescribed geometry end-of-course	675
examination.	676

(8)(a) Until July 1, 2016, the department of education shall	677
make available end-of-course examinations in both physical science	678
and biology.	679

(b) For any school year that begins on or after July 1, 2016,	680
the state board may choose to provide one or both of the	681
end-of-course examinations in physical science and biology.	682

(9) Neither the state board nor the department of education	683
shall develop or administer an end-of-course examination in the	684
area of world history.	685

(C) The state board shall convene a group of national	686
experts, state experts, and local practitioners to provide advice,	687
guidance, and recommendations for the alignment of standards and	688
model curricula to the assessments and in the design of the	689
end-of-course examinations prescribed by this section.	690

(D) Upon completion of the development of the assessment	691
system, the state board shall adopt rules prescribing all of the	692
following:	693

(1) A timeline and plan for implementation of the assessment	694
system, including a phased implementation if the state board	695
determines such a phase-in is warranted;	696

(2) The date after which a person shall meet the requirements	697
of the entire assessment system as a prerequisite for a diploma of	698
adult education under section 3313.611 of the Revised Code;	699

(3) Whether and the extent to which a person may be excused	700
from an American history end-of-course examination and an American	701
government end-of-course examination under division (H) of section	702
3313.61 and division (B)(3) of section 3313.612 of the Revised	703
Code;	704

(4) The date after which a person who has fulfilled the	705
curriculum requirement for a diploma but has not passed one or	706
more of the required assessments at the time the person fulfilled	707
the curriculum requirement shall meet the requirements of the	708
entire assessment system as a prerequisite for a high school	709
diploma under division (B) of section 3313.614 of the Revised	710
Code;	711

(5) The extent to which the assessment system applies to	712
students enrolled in a dropout recovery and prevention program for	713
purposes of division (F) of section 3313.603 and section 3314.36	714
of the Revised Code.	715

(E) Not later than forty-five days prior to the state board's	716
adoption of a resolution directing the department of education to	717
file the rules prescribed by division (D) of this section in final	718
form under section 119.04 of the Revised Code, the superintendent	719
of public instruction shall present the assessment system	720
developed under this section to the respective committees of the	721
house of representatives and senate that consider education	722
legislation.	723

(F)(1) Any person enrolled in a nonchartered nonpublic school	724
or any person who has been excused from attendance at school for	725
the purpose of home instruction under section 3321.04 of the	726
Revised Code may choose to participate in the system of	727
assessments administered under divisions (B)(1) and (2) of this	728
section. However, no such person shall be required to participate	729
in the system of assessments.	730

(2) The department shall adopt rules for the administration	731
and scoring of any assessments under division (F)(1) of this	732
section.	733

(G) Not later than December 31, 2014, the state board shall	734
select at least one nationally recognized job skills assessment.	735
Each school district shall administer that assessment to those	736
students who opt to take it. The state shall reimburse a school	737
district for the costs of administering that assessment. The state	738
board shall establish the minimum score a student must attain on	739
the job skills assessment in order to demonstrate a student's	740
workforce readiness and employability. The administration of the	741
job skills assessment to a student under this division shall not	742
exempt a school district from administering the assessments	743
prescribed in division (B) of this section to that student.	744

Sec. 3302.02.  Not later than one year after the adoption of	745
rules under division (D) of section 3301.0712 of the Revised Code	746
and at least every sixth year thereafter, upon recommendations of	747
the superintendent of public instruction, the state board of	748
education shall establish a set of performance indicators that	749
considered as a unit will be used as one of the performance	750
categories for the report cards required by section 3302.03 of the	751
Revised Code. In establishing these indicators, the superintendent	752
shall consider inclusion of student performance on assessments	753
prescribed under section 3301.0710 or 3301.0712 of the Revised	754
Code, rates of student improvement on such assessments, the	755
breadth of coursework available within the district, and other	756
indicators of student success.	757

Beginning with the report card for the 2014-2015 school year,	758
the performance indicators shall include an indicator that	759
reflects the level of services provided to, and the performance	760
of, students identified as gifted under Chapter 3324. of the	761
Revised Code. The indicator shall include the performance of	762
students identified as gifted on state assessments and value-added	763
growth measure disaggregated for students identified as gifted.	764

For the 2013-2014 school year, except as otherwise provided	765
in this section, for any indicator based on the percentage of	766
students attaining a proficient score on the assessments	767
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	768
Revised Code, a school district or building shall be considered to	769
have met the indicator if at least eighty per cent of the tested	770
students attain a score of proficient or higher on the assessment.	771
A school district or building shall be considered to have met the	772
indicator for the assessments prescribed by division (B)(1) of	773
section 3301.0710 of the Revised Code and only as administered to	774
eleventh grade students, if at least eighty-five per cent of the	775
tested students attain a score of proficient or higher on the	776
assessment. Not later than July 1, 2014, the	777

The state board mayshall adopt rules, under Chapter 119. of	778
the Revised Code, to establish different proficiency percentages	779
to meet each indicator that is based on a state assessment,	780
prescribed under section 3301.0710 or 3301.0712 of the Revised	781
Code, for the 2014-2015 school year and thereafter by the	782
following dates:	783

(A) Not later than December 1, 2015, for the 2014-2015 school	784
year;	785

(B) Not later than July 1, 2016, for the 2015-2016 school	786
year;	787

(C) Not later than July 1, 2017, for the 2016-2017 school	788
year, and for each school year thereafter.	789

The proficiency percentage shall not be less than sixty per	790
cent for the 2014-2015, 2015-2016, and 2016-2017 school years. The	791
proficiency percentage shall not be less than seventy-five per	792
cent for the 2017-2018 school year and each school year	793
thereafter.	794

The superintendent shall not establish any performance	795
indicator for passage of the third or fourth grade English	796
language arts assessment that is solely based on the assessment	797
given in the fall for the purpose of determining whether students	798
have met the reading guarantee provisions of section 3313.608 of	799
the Revised Code.	800

Sec. 3302.03.  Annually, not later than the fifteenth day of	801
September or the preceding Friday when that day falls on a	802
Saturday or Sunday, the department of education shall assign a	803
letter grade for overall academic performance and for each	804
separate performance measure for each school district, and each	805
school building in a district, in accordance with this section.	806
The state board shall adopt rules pursuant to Chapter 119. of the	807
Revised Code to establish performance criteria for each letter	808
grade and prescribe a method by which the department assigns each	809
letter grade. For a school building to which any of the	810
performance measures do not apply, due to grade levels served by	811
the building, the state board shall designate the performance	812
measures that are applicable to the building and that must be	813
calculated separately and used to calculate the building's overall	814
grade. The department shall issue annual report cards reflecting	815
the performance of each school district, each building within each	816
district, and for the state as a whole using the performance	817
measures and letter grade system described in this section. The	818
department shall include on the report card for each district and	819
each building within each district the most recent two-year trend	820
data in student achievement for each subject and each grade.	821

(A)(1) For the 2012-2013 school year, the department shall	822
issue grades as described in division (E) of this section for each	823
of the following performance measures:	824

(a) Annual measurable objectives;

825

(b) Performance index score for a school district or	826
building. Grades shall be awarded as a percentage of the total	827
possible points on the performance index system as adopted by the	828
state board. In adopting benchmarks for assigning letter grades	829
under division (A)(1)(b) of this section, the state board of	830
education shall designate ninety per cent or higher for an "A," at	831
least seventy per cent but not more than eighty per cent for a	832
"C," and less than fifty per cent for an "F."	833

(c) The extent to which the school district or building meets	834
each of the applicable performance indicators established by the	835
state board under section 3302.02 of the Revised Code and the	836
percentage of applicable performance indicators that have been	837
achieved. In adopting benchmarks for assigning letter grades under	838
division (A)(1)(c) of this section, the state board shall	839
designate ninety per cent or higher for an "A."	840

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

841

In adopting benchmarks for assigning letter grades under	842
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	843
department shall designate a four-year adjusted cohort graduation	844
rate of ninety-three per cent or higher for an "A" and a five-year	845
cohort graduation rate of ninety-five per cent or higher for an	846
"A."	847

(e) The overall score under the value-added progress	848
dimension of a school district or building, for which the	849
department shall use up to three years of value-added data as	850
available. The letter grade assigned for this growth measure shall	851
be as follows:	852

(i) A score that is at least two standard errors of measure	853
above the mean score shall be designated as an "A."	854

(ii) A score that is at least one standard error of measure	855
but less than two standard errors of measure above the mean score	856
shall be designated as a "B."	857

(iii) A score that is less than one standard error of measure	858
above the mean score but greater than or equal to one standard	859
error of measure below the mean score shall be designated as a	860
"C."	861

(iv) A score that is not greater than one standard error of	862
measure below the mean score but is greater than or equal to two	863
standard errors of measure below the mean score shall be	864
designated as a "D."	865

(v) A score that is not greater than two standard errors of	866
measure below the mean score shall be designated as an "F."	867

Whenever the value-added progress dimension is used as a	868
graded performance measure, whether as an overall measure or as a	869
measure of separate subgroups, the grades for the measure shall be	870
calculated in the same manner as prescribed in division (A)(1)(e)	871
of this section.	872

(f) The value-added progress dimension score for a school	873
district or building disaggregated for each of the following	874
subgroups: students identified as gifted, students with	875
disabilities, and students whose performance places them in the	876
lowest quintile for achievement on a statewide basis. Each	877
subgroup shall be a separate graded measure.	878

(2) Not later than April 30, 2013, the state board of	879
education shall adopt a resolution describing the performance	880
measures, benchmarks, and grading system for the 2012-2013 school	881
year and, not later than June 30, 2013, shall adopt rules in	882
accordance with Chapter 119. of the Revised Code that prescribe	883
the methods by which the performance measures under division	884
(A)(1) of this section shall be assessed and assigned a letter	885
grade, including performance benchmarks for each letter grade.	886

At least forty-five days prior to the state board's adoption	887
of rules to prescribe the methods by which the performance	888
measures under division (A)(1) of this section shall be assessed	889
and assigned a letter grade, the department shall conduct a public	890
presentation before the standing committees of the house of	891
representatives and the senate that consider education legislation	892
describing such methods, including performance benchmarks.	893

(3) There shall not be an overall letter grade for a school	894
district or building for the 2012-2013 school year.	895

(B)(1) For the 2013-2014 school year, the department shall	896
issue grades as described in division (E) of this section for each	897
of the following performance measures:	898

(a) Annual measurable objectives;

899

(b) Performance index score for a school district or	900
building. Grades shall be awarded as a percentage of the total	901
possible points on the performance index system as created by the	902
department. In adopting benchmarks for assigning letter grades	903
under division (B)(1)(b) of this section, the state board shall	904
designate ninety per cent or higher for an "A," at least seventy	905
per cent but not more than eighty per cent for a "C," and less	906
than fifty per cent for an "F."	907

(c) The extent to which the school district or building meets	908
each of the applicable performance indicators established by the	909
state board under section 3302.03 of the Revised Code and the	910
percentage of applicable performance indicators that have been	911
achieved. In adopting benchmarks for assigning letter grades under	912
division (B)(1)(c) of this section, the state board shall	913
designate ninety per cent or higher for an "A."	914

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

915

(e) The overall score under the value-added progress	916
dimension of a school district or building, for which the	917
department shall use up to three years of value-added data as	918
available.	919

(f) The value-added progress dimension score for a school	920
district or building disaggregated for each of the following	921
subgroups: students identified as gifted in superior cognitive	922
ability and specific academic ability fields under Chapter 3324.	923
of the Revised Code, students with disabilities, and students	924
whose performance places them in the lowest quintile for	925
achievement on a statewide basis. Each subgroup shall be a	926
separate graded measure.	927

(g) Whether a school district or building is making progress	928
in improving literacy in grades kindergarten through three, as	929
determined using a method prescribed by the state board. The state	930
board shall adopt rules to prescribe benchmarks and standards for	931
assigning grades to districts and buildings for purposes of	932
division (B)(1)(g) of this section. In adopting benchmarks for	933
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	934
this section, the state board shall determine progress made based	935
on the reduction in the total percentage of students scoring below	936
grade level, or below proficient, compared from year to year on	937
the reading and writing diagnostic assessments administered under	938
section 3301.0715 of the Revised Code and the third grade English	939
language arts assessment under section 3301.0710 of the Revised	940
Code, as applicable. The state board shall designate for a "C"	941
grade a value that is not lower than the statewide average value	942
for this measure. No grade shall be issued under divisions	943
(B)(1)(g) and (C)(1)(g) of this section for a district or building	944
in which less than five per cent of students have scored below	945
grade level on the diagnostic assessment administered to students	946
in kindergarten under division (B)(1) of section 3313.608 of the	947
Revised Code.	948

(h) For a high mobility school district or building, an	949
additional value-added progress dimension score. For this measure,	950
the department shall use value-added data from the most recent	951
school year available and shall use assessment scores for only	952
those students to whom the district or building has administered	953
the assessments prescribed by section 3301.0710 of the Revised	954
Code for each of the two most recent consecutive school years.	955

As used in this division, "high mobility school district or	956
building" means a school district or building where at least	957
twenty-five per cent of its total enrollment is made up of	958
students who have attended that school district or building for	959
less than one year.	960

(2) In addition to the graded measures in division (B)(1) of	961
this section, the department shall include on a school district's	962
or building's report card all of the following without an assigned	963
letter grade:	964

(a) The percentage of students enrolled in a district or	965
building participating in advanced placement classes and the	966
percentage of those students who received a score of three or	967
better on advanced placement examinations;	968

(b) The number of a district's or building's students who	969
have earned at least three college credits through dual enrollment	970
or advanced standing programs, such as the post-secondary	971
enrollment options program under Chapter 3365. of the Revised Code	972
and state-approved career-technical courses offered through dual	973
enrollment or statewide articulation, that appear on a student's	974
transcript or other official document, either of which is issued	975
by the institution of higher education from which the student	976
earned the college credit. The credits earned that are reported	977
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	978
include any that are remedial or developmental and shall include	979
those that count toward the curriculum requirements established	980
for completion of a degree.	981

(c) The percentage of students enrolled in a district or	982
building who have taken a national standardized test used for	983
college admission determinations and the percentage of those	984
students who are determined to be remediation-free in accordance	985
with standards adopted under division (F) of section 3345.061 of	986
the Revised Code;	987

(d) The percentage of the district's or the building's	988
students who receive industry-recognized credentials. The state	989
board shall adopt criteria for acceptable industry-recognized	990
credentials.	991

(e) The percentage of students enrolled in a district or	992
building who are participating in an international baccalaureate	993
program and the percentage of those students who receive a score	994
of four or better on the international baccalaureate examinations.	995

(f) The percentage of the district's or building's students	996
who receive an honors diploma under division (B) of section	997
3313.61 of the Revised Code.	998

(3) Not later than December 31, 2013, the state board shall	999
adopt rules in accordance with Chapter 119. of the Revised Code	1000
that prescribe the methods by which the performance measures under	1001
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1002
and assigned a letter grade, including performance benchmarks for	1003
each grade.	1004

At least forty-five days prior to the state board's adoption	1005
of rules to prescribe the methods by which the performance	1006
measures under division (B)(1) of this section shall be assessed	1007
and assigned a letter grade, the department shall conduct a public	1008
presentation before the standing committees of the house of	1009
representatives and the senate that consider education legislation	1010
describing such methods, including performance benchmarks.	1011

(4) There shall not be an overall letter grade for a school	1012
district or building for the 2013-2014 school year.	1013

(C)(1) For the 2014-2015 school year and each school year	1014
thereafter, the department shall issue grades as described in	1015
division (E) of this section for each of the performance measures	1016
prescribed in division (C)(1) of this section and an overall	1017
letter grade based on an aggregate of those measures, except for	1018
the performance measure set forth in division (C)(1)(h) of this	1019
section. The graded measures are as follows:	1020

(a) Annual measurable objectives;

1021

(b) Performance index score for a school district or	1022
building. Grades shall be awarded as a percentage of the total	1023
possible points on the performance index system as created by the	1024
department. In adopting benchmarks for assigning letter grades	1025
under division (C)(1)(b) of this section, the state board shall	1026
designate ninety per cent or higher for an "A," at least seventy	1027
per cent but not more than eighty per cent for a "C," and less	1028
than fifty per cent for an "F."	1029

(c) The extent to which the school district or building meets	1030
each of the applicable performance indicators established by the	1031
state board under section 3302.03 of the Revised Code and the	1032
percentage of applicable performance indicators that have been	1033
achieved. In adopting benchmarks for assigning letter grades under	1034
division (C)(1)(c) of this section, the state board shall	1035
designate ninety per cent or higher for an "A."	1036

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

1037

(e) The overall score under the value-added progress	1038
dimension, or another measure of student academic progress if	1039
adopted by the state board, of a school district or building, for	1040
which the department shall use up to three years of value-added	1041
data as available.	1042

In adopting benchmarks for assigning letter grades for	1043
overall score on value-added progress dimension under division	1044
(C)(1)(e) of this section, the state board shall prohibit the	1045
assigning of a grade of "A" for that measure unless the district's	1046
or building's grade assigned for value-added progress dimension	1047
for all subgroups under division (C)(1)(f) of this section is a	1048
"B" or higher.	1049

For the metric prescribed by division (C)(1)(e) of this	1050
section, the state board may adopt a student academic progress	1051
measure to be used instead of the value-added progress dimension.	1052
If the state board adopts such a measure, it also shall prescribe	1053
a method for assigning letter grades for the new measure that is	1054
comparable to the method prescribed in division (A)(1)(e) of this	1055
section.	1056

(f) The value-added progress dimension score of a school	1057
district or building disaggregated for each of the following	1058
subgroups: students identified as gifted in superior cognitive	1059
ability and specific academic ability fields under Chapter 3324.	1060
of the Revised Code, students with disabilities, and students	1061
whose performance places them in the lowest quintile for	1062
achievement on a statewide basis, as determined by a method	1063
prescribed by the state board. Each subgroup shall be a separate	1064
graded measure.	1065

The state board may adopt student academic progress measures	1066
to be used instead of the value-added progress dimension. If the	1067
state board adopts such measures, it also shall prescribe a method	1068
for assigning letter grades for the new measures that is	1069
comparable to the method prescribed in division (A)(1)(e) of this	1070
section.	1071

(g) Whether a school district or building is making progress	1072
in improving literacy in grades kindergarten through three, as	1073
determined using a method prescribed by the state board. The state	1074
board shall adopt rules to prescribe benchmarks and standards for	1075
assigning grades to a district or building for purposes of	1076
division (C)(1)(g) of this section. The state board shall	1077
designate for a "C" grade a value that is not lower than the	1078
previous year's statewide average value for this measure. No grade	1079
shall be issued under division (C)(1)(g) of this section for a	1080
district or building in which less than five per cent of students	1081
have scored below grade level on the kindergarten diagnostic	1082
assessment under division (B)(1) of section 3313.608 of the	1083
Revised Code, unless five per cent or more of students fail to	1084
score proficient or above on the English language arts assessment	1085
prescribed under division (A)(1)(a) of section 3301.0710 of the	1086
Revised Code.	1087

(h) For a high mobility school district or building, an	1088
additional value-added progress dimension score. For this measure,	1089
the department shall use value-added data from the most recent	1090
school year available and shall use assessment scores for only	1091
those students to whom the district or building has administered	1092
the assessments prescribed by section 3301.0710 of the Revised	1093
Code for each of the two most recent consecutive school years.	1094

As used in this division, "high mobility school district or	1095
building" means a school district or building where at least	1096
twenty-five per cent of its total enrollment is made up of	1097
students who have attended that school district or building for	1098
less than one year.	1099

(2) In addition to the graded measures in division (C)(1) of	1100
this section, the department shall include on a school district's	1101
or building's report card all of the following without an assigned	1102
letter grade:	1103

(a) The percentage of students enrolled in a district or	1104
building who have taken a national standardized test used for	1105
college admission determinations and the percentage of those	1106
students who are determined to be remediation-free in accordance	1107
with the standards adopted under division (F) of section 3345.061	1108
of the Revised Code;	1109

(b) The percentage of students enrolled in a district or	1110
building participating in advanced placement classes and the	1111
percentage of those students who received a score of three or	1112
better on advanced placement examinations;	1113

(c) The percentage of a district's or building's students who	1114
have earned at least three college credits through advanced	1115
standing programs, such as the college credit plus program under	1116
Chapter 3365. of the Revised Code and state-approved	1117
career-technical courses offered through dual enrollment or	1118
statewide articulation, that appear on a student's college	1119
transcript issued by the institution of higher education from	1120
which the student earned the college credit. The credits earned	1121
that are reported under divisions (B)(2)(b) and (C)(2)(c) of this	1122
section shall not include any that are remedial or developmental	1123
and shall include those that count toward the curriculum	1124
requirements established for completion of a degree.	1125

(d) The percentage of the district's or building's students	1126
who receive an honor's diploma under division (B) of section	1127
3313.61 of the Revised Code;	1128

(e) The percentage of the district's or building's students	1129
who receive industry-recognized credentials;	1130

(f) The percentage of students enrolled in a district or	1131
building who are participating in an international baccalaureate	1132
program and the percentage of those students who receive a score	1133
of four or better on the international baccalaureate examinations;	1134

(g) The results of the college and career-ready assessments	1135
administered under division (B)(1) of section 3301.0712 of the	1136
Revised Code.	1137

(3) The state board shall adopt rules pursuant to Chapter	1138
119. of the Revised Code that establish a method to assign an	1139
overall grade for a school district or school building for the	1140
2014-2015 school year and each school year thereafter. The rules	1141
shall group the performance measures in divisions (C)(1) and (2)	1142
of this section into the following components:	1143

(a) Gap closing, which shall include the performance measure	1144
in division (C)(1)(a) of this section;	1145

(b) Achievement, which shall include the performance measures	1146
in divisions (C)(1)(b) and (c) of this section;	1147

(c) Progress, which shall include the performance measures in	1148
divisions (C)(1)(e) and (f) of this section;	1149

(d) Graduation, which shall include the performance measure	1150
in division (C)(1)(d) of this section;	1151

(e) Kindergarten through third-grade literacy, which shall	1152
include the performance measure in division (C)(1)(g) of this	1153
section;	1154

(f) Prepared for success, which shall include the performance	1155
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1156
this section. The state board shall develop a method to determine	1157
a grade for the component in division (C)(3)(f) of this section	1158
using the performance measures in divisions (C)(2)(a), (b), (c),	1159
(d), (e), and (f) of this section. When available, the state board	1160
may incorporate the performance measure under division (C)(2)(g)	1161
of this section into the component under division (C)(3)(f) of	1162
this section. When determining the overall grade for the prepared	1163
for success component prescribed by division (C)(3)(f) of this	1164
section, no individual student shall be counted in more than one	1165
performance measure. However, if a student qualifies for more than	1166
one performance measure in the component, the state board may, in	1167
its method to determine a grade for the component, specify an	1168
additional weight for such a student that is not greater than or	1169
equal to 1.0. In determining the overall score under division	1170
(C)(3)(f) of this section, the state board shall ensure that the	1171
pool of students included in the performance measures aggregated	1172
under that division are all of the students included in the four-	1173
and five-year adjusted graduation cohort.	1174

In the rules adopted under division (C)(3) of this section,	1175
the state board shall adopt a method for determining a grade for	1176
each component in divisions (C)(3)(a) to (f) of this section. The	1177
state board also shall establish a method to assign an overall	1178
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1179
each component. The method the state board adopts for assigning an	1180
overall grade shall give equal weight to the components in	1181
divisions (C)(3)(b) and (c) of this section.	1182

At least forty-five days prior to the state board's adoption	1183
of rules to prescribe the methods for calculating the overall	1184
grade for the report card, as required by this division, the	1185
department shall conduct a public presentation before the standing	1186
committees of the house of representatives and the senate that	1187
consider education legislation describing the format for the	1188
report card, weights that will be assigned to the components of	1189
the overall grade, and the method for calculating the overall	1190
grade.	1191

(D) Not later than July 1, 2015, the state board shall	1192
develop a measure of student academic progress for high school	1193
students using only data from assessments in English language arts	1194
and mathematics. For the 2014-2015 school year, the department	1195
shall include this measure on a school district or building's	1196
report card, as applicable, without an assigned letter grade.	1197
Beginning with the report card for the 2015-2016 school year, each	1198
school district and applicable school building shall be assigned a	1199
separate letter grade for this measure and the district's or	1200
building's grade for that measure shall be included in determining	1201
the district's or building's overall letter grade. This measure	1202
shall be included within the measure prescribed in division	1203
(C)(3)(c) of this section in the calculation for the overall	1204
letter grade.	1205

(E) The letter grades assigned to a school district or	1206
building under this section shall be as follows:	1207

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

1208

(2) "B" for a district or school making above average	1209
progress;	1210

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

1211

(4) "D" for a district or school making below average	1212
progress;	1213

(5) "F" for a district or school failing to meet minimum	1214
progress.	1215

(F) When reporting data on student achievement and progress,	1216
the department shall disaggregate that data according to the	1217
following categories:	1218

(1) Performance of students by grade-level;

1219

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

1220

(3) Performance of students by gender;

1221

(4) Performance of students grouped by those who have been	1222
enrolled in a district or school for three or more years;	1223

(5) Performance of students grouped by those who have been	1224
enrolled in a district or school for more than one year and less	1225
than three years;	1226

(6) Performance of students grouped by those who have been	1227
enrolled in a district or school for one year or less;	1228

(7) Performance of students grouped by those who are	1229
economically disadvantaged;	1230

(8) Performance of students grouped by those who are enrolled	1231
in a conversion community school established under Chapter 3314.	1232
of the Revised Code;	1233

(9) Performance of students grouped by those who are	1234
classified as limited English proficient;	1235

(10) Performance of students grouped by those who have	1236
disabilities;	1237

(11) Performance of students grouped by those who are	1238
classified as migrants;	1239

(12) Performance of students grouped by those who are	1240
identified as gifted in superior cognitive ability and the	1241
specific academic ability fields of reading and math pursuant to	1242
Chapter 3324. of the Revised Code. In disaggregating specific	1243
academic ability fields for gifted students, the department shall	1244
use data for those students with specific academic ability in math	1245
and reading. If any other academic field is assessed, the	1246
department shall also include data for students with specific	1247
academic ability in that field as well.	1248

(13) Performance of students grouped by those who perform in	1249
the lowest quintile for achievement on a statewide basis, as	1250
determined by a method prescribed by the state board.	1251

The department may disaggregate data on student performance	1252
according to other categories that the department determines are	1253
appropriate. To the extent possible, the department shall	1254
disaggregate data on student performance according to any	1255
combinations of two or more of the categories listed in divisions	1256
(F)(1) to (13) of this section that it deems relevant.	1257

In reporting data pursuant to division (F) of this section,	1258
the department shall not include in the report cards any data	1259
statistical in nature that is statistically unreliable or that	1260
could result in the identification of individual students. For	1261
this purpose, the department shall not report student performance	1262
data for any group identified in division (F) of this section that	1263
contains less than ten students. If the department does not report	1264
student performance data for a group because it contains less than	1265
ten students, the department shall indicate on the report card	1266
that is why data was not reported.	1267

(G) The department may include with the report cards any	1268
additional education and fiscal performance data it deems	1269
valuable.	1270

(H) The department shall include on each report card a list	1271
of additional information collected by the department that is	1272
available regarding the district or building for which the report	1273
card is issued. When available, such additional information shall	1274
include student mobility data disaggregated by race and	1275
socioeconomic status, college enrollment data, and the reports	1276
prepared under section 3302.031 of the Revised Code.	1277

The department shall maintain a site on the world wide web.	1278
The report card shall include the address of the site and shall	1279
specify that such additional information is available to the	1280
public at that site. The department shall also provide a copy of	1281
each item on the list to the superintendent of each school	1282
district. The district superintendent shall provide a copy of any	1283
item on the list to anyone who requests it.	1284

(I) Division (I) of this section does not apply to conversion	1285
community schools that primarily enroll students between sixteen	1286
and twenty-two years of age who dropped out of high school or are	1287
at risk of dropping out of high school due to poor attendance,	1288
disciplinary problems, or suspensions.	1289

(1) For any district that sponsors a conversion community	1290
school under Chapter 3314. of the Revised Code, the department	1291
shall combine data regarding the academic performance of students	1292
enrolled in the community school with comparable data from the	1293
schools of the district for the purpose of determining the	1294
performance of the district as a whole on the report card issued	1295
for the district under this section or section 3302.033 of the	1296
Revised Code.	1297

(2) Any district that leases a building to a community school	1298
located in the district or that enters into an agreement with a	1299
community school located in the district whereby the district and	1300
the school endorse each other's programs may elect to have data	1301
regarding the academic performance of students enrolled in the	1302
community school combined with comparable data from the schools of	1303
the district for the purpose of determining the performance of the	1304
district as a whole on the district report card. Any district that	1305
so elects shall annually file a copy of the lease or agreement	1306
with the department.	1307

(3) Any municipal school district, as defined in section	1308
3311.71 of the Revised Code, that sponsors a community school	1309
located within the district's territory, or that enters into an	1310
agreement with a community school located within the district's	1311
territory whereby the district and the community school endorse	1312
each other's programs, may exercise either or both of the	1313
following elections:	1314

(a) To have data regarding the academic performance of	1315
students enrolled in that community school combined with	1316
comparable data from the schools of the district for the purpose	1317
of determining the performance of the district as a whole on the	1318
district's report card;	1319

(b) To have the number of students attending that community	1320
school noted separately on the district's report card.	1321

The election authorized under division (I)(3)(a) of this	1322
section is subject to approval by the governing authority of the	1323
community school.	1324

Any municipal school district that exercises an election to	1325
combine or include data under division (I)(3) of this section, by	1326
the first day of October of each year, shall file with the	1327
department documentation indicating eligibility for that election,	1328
as required by the department.	1329

(J) The department shall include on each report card the	1330
percentage of teachers in the district or building who are highly	1331
qualified, as defined by the No Child Left Behind Act of 2001, and	1332
a comparison of that percentage with the percentages of such	1333
teachers in similar districts and buildings.	1334

(K)(1) In calculating English language arts, mathematics,	1335
social studies, or science assessment passage rates used to	1336
determine school district or building performance under this	1337
section, the department shall include all students taking an	1338
assessment with accommodation or to whom an alternate assessment	1339
is administered pursuant to division (C)(1) or (3) of section	1340
3301.0711 of the Revised Code.	1341

(2) In calculating performance index scores, rates of	1342
achievement on the performance indicators established by the state	1343
board under section 3302.02 of the Revised Code, and annual	1344
measurable objectives for determining adequate yearly progress for	1345
school districts and buildings under this section, the department	1346
shall do all of the following:	1347

(a) Include for each district or building only those students	1348
who are included in the ADM certified for the first full school	1349
week of October and are continuously enrolled in the district or	1350
building through the time of the spring administration of any	1351
assessment prescribed by division (A)(1) or (B)(1) of section	1352
3301.0710 or division (B) of section 3301.0712 of the Revised Code	1353
that is administered to the student's grade level;	1354

(b) Include cumulative totals from both the fall and spring	1355
administrations of the third grade English language arts	1356
achievement assessment;	1357

(c) Except as required by the No Child Left Behind Act of	1358
2001, exclude for each district or building any limited English	1359
proficient student who has been enrolled in United States schools	1360
for less than one full school year.	1361

(L) Beginning with the 2015-2016 school year and at least	1362
once every three years thereafter, the state board of education	1363
shall review and may adjust the benchmarks for assigning letter	1364
grades to the performance measures and components prescribed under	1365
divisions (C)(3) and (D) of this section.	1366

Sec. 3302.035. (A) Not later than October 1, 2015, and not	1367
later than the first day of October each year thereafter, the	1368
department of education shall report for each school district,	1369
each community school established under Chapter 3314., each STEM	1370
school established under Chapter 3326., and each	1371
college-preparatory boarding school established under Chapter	1372
3328. of the Revised Code, the following measures for students	1373
with disabilities enrolled in that school district or community,	1374
STEM, or college-preparatory boarding school:	1375

(1) The value-added progress dimension score, as	1376
disaggregated for that subgroup under division (C)(1)(f) of	1377
section 3302.03 of the Revised Code;	1378

(2) The performance index score for that subgroup, as defined	1379
under division (A) of section 3302.01 of the Revised Code;	1380

(3) The four- and five-year, five-, six-, seven-, and	1381
eight-year adjusted cohort graduation rates, as defined under	1382
divisions (G)(1) and (2) of section 3302.01 of the Revised Code,	1383
for that subgroup;	1384

(4) Annual measurable objectives for that subgroup;

1385

(5) Data regarding disciplinary actions taken by the district	1386
or school against students with disabilities compared with such	1387
actions taken against students without disabilities.	1388

(B) The department shall also calculate and report all of the	1389
following:	1390

(1) The state average for each of the measures specified in	1391
division (A) of this section;	1392

(2) The state average for the value-added progress dimension	1393
score for students with disabilities, disaggregated by grade level	1394
and subject area;	1395

(3) The state average for the performance index score for	1396
students with disabilities, disaggregated for each category of	1397
disability described in divisions (A) to (F) of section 3317.013	1398
of the Revised Code.	1399

(C) The department shall make each report completed pursuant	1400
to divisiondivisions (A) and (B) of this section available on its	1401
web site for comparison purposes.	1402

(D) As used in this section:

1403

(1) "Four-year adjusted cohort graduation rate" and	1404
"five-year adjusted cohort graduation rate" have the same meanings	1405
as in divisions (G)(1) and (2) of section 3302.01 of the Revised	1406
Code.	1407

(2) "Six-year adjusted cohort graduation rate" means the	1408
number of students who graduate in six years with a regular high	1409
school diploma divided by the number of students who form the	1410
adjusted cohort for the four-year graduation rate.	1411

(3) "Seven-year adjusted cohort graduation rate" means the	1412
number of students who graduate in seven years with a regular high	1413
school diploma divided by the number of students who form the	1414
adjusted cohort for the four-year graduation rate.	1415

(4) "Eight-year adjusted cohort graduation rate" means the	1416
number of students who graduate in eight years with a regular high	1417
school diploma divided by the number of students who form the	1418
adjusted cohort for the four-year graduation rate.	1419

Sec. 3313.534. No(A) Not later than July 1, 1998, the board	1420
of education of each city, exempted village, and local school	1421
district shall adopt a policy of zero tolerance for violent,	1422
disruptive, or inappropriate behavior, including excessive	1423
truancy, and establish strategies to address such behavior that	1424
range from prevention to intervention.	1425

No(B) Not later than July 1, 1999, each of the big eight	1426
school districts, as defined in section 3314.02 of the Revised	1427
Code, shall establish under section 3313.533 of the Revised Code	1428
at least one alternative school to meet the educational needs of	1429
students with severe discipline problems, including, but not	1430
limited to, excessive truancy, excessive disruption in the	1431
classroom, and multiple suspensions or expulsions. Any other	1432
school district that attains after that date a significantly	1433
substandard graduation rate, as defined by the department of	1434
education, shall also establish such an alternative school under	1435
that section.	1436

(C)(1) Not later than June 30, 2015, the state board of	1437
education shall develop a model disciplinary policy for violent,	1438
disruptive, or inappropriate behavior, including excessive	1439
truancy, that stresses preventive strategies and alternatives to	1440
suspension and expulsion.	1441

(2) Not later than December 31, 2015, the department of	1442
education shall do both of the following:	1443

(a) Provide to each school district a copy of the policy	1444
adopted by the state board pursuant to division (C)(1) of this	1445
section;	1446

(b) Develop materials to assist school districts in providing	1447
teacher and staff training on the implementation of the strategies	1448
included in that policy.	1449

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

1450

(1) "One unit" means a minimum of one hundred twenty hours of	1451
course instruction, except that for a laboratory course, "one	1452
unit" means a minimum of one hundred fifty hours of course	1453
instruction.	1454

(2) "One-half unit" means a minimum of sixty hours of course	1455
instruction, except that for physical education courses, "one-half	1456
unit" means a minimum of one hundred twenty hours of course	1457
instruction.	1458

(B) Beginning September 15, 2001, except as required in	1459
division (C) of this section and division (C) of section 3313.614	1460
of the Revised Code, the requirements for graduation from every	1461
high school shall include twenty units earned in grades nine	1462
through twelve and shall be distributed as follows:	1463

(1) English language arts, four units;

1464

(2) Health, one-half unit;

1465

(3) Mathematics, three units;

1466

(4) Physical education, one-half unit;

1467

(5) Science, two units until September 15, 2003, and three	1468
units thereafter, which at all times shall include both of the	1469
following:	1470

(a) Biological sciences, one unit;

1471

(b) Physical sciences, one unit.

1472

(6) History and government, one unit, which shall comply with	1473
division (M) of this section and shall include both of the	1474
following:	1475

(a) American history, one-half unit;

1476

(b) American government, one-half unit.

1477

(7) Social studies, two units.

1478

Beginning with students who enter ninth grade for the first	1479
time on or after July 1, 2017, the two units of instruction	1480
prescribed by division (B)(7) of this section shall include at	1481
least one-half unit of instruction in the study of world history	1482
and civilizations.	1483

(8) Elective units, seven units until September 15, 2003, and	1484
six units thereafter.	1485

Each student's electives shall include at least one unit, or	1486
two half units, chosen from among the areas of	1487
business/technology, fine arts, and/or foreign language.	1488

(C) Beginning with students who enter ninth grade for the	1489
first time on or after July 1, 2010, except as provided in	1490
divisions (D) to (F) of this section, the requirements for	1491
graduation from every public and chartered nonpublic high school	1492
shall include twenty units that are designed to prepare students	1493
for the workforce and college. The units shall be distributed as	1494
follows:	1495

(1) English language arts, four units;

1496

(2) Health, one-half unit, which shall include instruction in	1497
nutrition and the benefits of nutritious foods and physical	1498
activity for overall health;	1499

(3) Mathematics, four units, which shall include one unit of	1500
algebra II or the equivalent of algebra II;	1501

(4) Physical education, one-half unit;

1502

(5) Science, three units with inquiry-based laboratory	1503
experience that engages students in asking valid scientific	1504
questions and gathering and analyzing information, which shall	1505
include the following, or their equivalent:	1506

(a) Physical sciences, one unit;

1507

(b) Life sciences, one unit;

1508

(c) Advanced study in one or more of the following sciences,	1509
one unit:	1510

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

1511

(ii) Advanced biology or other life science;

1512

(iii) Astronomy, physical geology, or other earth or space	1513
science.	1514

(6) History and government, one unit, which shall comply with	1515
division (M) of this section and shall include both of the	1516
following:	1517

(a) American history, one-half unit;

1518

(b) American government, one-half unit.

1519

(7) Social studies, two units.

1520

Each school shall integrate the study of economics and	1521
financial literacy, as expressed in the social studies academic	1522
content standards adopted by the state board of education under	1523
division (A)(1) of section 3301.079 of the Revised Code and the	1524
academic content standards for financial literacy and	1525
entrepreneurship adopted under division (A)(2) of that section,	1526
into one or more existing social studies credits required under	1527
division (C)(7) of this section, or into the content of another	1528
class, so that every high school student receives instruction in	1529
those concepts. In developing the curriculum required by this	1530
paragraph, schools shall use available public-private partnerships	1531
and resources and materials that exist in business, industry, and	1532
through the centers for economics education at institutions of	1533
higher education in the state.	1534

Beginning with students who enter ninth grade for the first	1535
time on or after July 1, 2017, the two units of instruction	1536
prescribed by division (C)(7) of this section shall include at	1537
least one-half unit of instruction in the study of world history	1538
and civilizations.	1539

(8) Five units consisting of one or any combination of	1540
foreign language, fine arts, business, career-technical education,	1541
family and consumer sciences, technology, agricultural education,	1542
a junior reserve officer training corps (JROTC) program approved	1543
by the congress of the United States under title 10 of the United	1544
States Code, or English language arts, mathematics, science, or	1545
social studies courses not otherwise required under division (C)	1546
of this section.	1547

Ohioans must be prepared to apply increased knowledge and	1548
skills in the workplace and to adapt their knowledge and skills	1549
quickly to meet the rapidly changing conditions of the	1550
twenty-first century. National studies indicate that all high	1551
school graduates need the same academic foundation, regardless of	1552
the opportunities they pursue after graduation. The goal of Ohio's	1553
system of elementary and secondary education is to prepare all	1554
students for and seamlessly connect all students to success in	1555
life beyond high school graduation, regardless of whether the next	1556
step is entering the workforce, beginning an apprenticeship,	1557
engaging in post-secondary training, serving in the military, or	1558
pursuing a college degree.	1559

The requirements for graduation prescribed in division (C) of	1560
this section are the standard expectation for all students	1561
entering ninth grade for the first time at a public or chartered	1562
nonpublic high school on or after July 1, 2010. A student may	1563
satisfy this expectation through a variety of methods, including,	1564
but not limited to, integrated, applied, career-technical, and	1565
traditional coursework.	1566

Whereas teacher quality is essential for student success when	1567
completing the requirements for graduation, the general assembly	1568
shall appropriate funds for strategic initiatives designed to	1569
strengthen schools' capacities to hire and retain highly qualified	1570
teachers in the subject areas required by the curriculum. Such	1571
initiatives are expected to require an investment of $120,000,000	1572
over five years.	1573

Stronger coordination between high schools and institutions	1574
of higher education is necessary to prepare students for more	1575
challenging academic endeavors and to lessen the need for academic	1576
remediation in college, thereby reducing the costs of higher	1577
education for Ohio's students, families, and the state. The state	1578
board and the chancellor of the Ohio board of regents shall	1579
develop policies to ensure that only in rare instances will	1580
students who complete the requirements for graduation prescribed	1581
in division (C) of this section require academic remediation after	1582
high school.	1583

School districts, community schools, and chartered nonpublic	1584
schools shall integrate technology into learning experiences	1585
across the curriculum in order to maximize efficiency, enhance	1586
learning, and prepare students for success in the	1587
technology-driven twenty-first century. Districts and schools	1588
shall use distance and web-based course delivery as a method of	1589
providing or augmenting all instruction required under this	1590
division, including laboratory experience in science. Districts	1591
and schools shall utilize technology access and electronic	1592
learning opportunities provided by the broadcast educational media	1593
commission, chancellor, the Ohio learning network, education	1594
technology centers, public television stations, and other public	1595
and private providers.	1596

(D) Except as provided in division (E) of this section, a	1597
student who enters ninth grade on or after July 1, 2010, and	1598
before July 1, 2016, may qualify for graduation from a public or	1599
chartered nonpublic high school even though the student has not	1600
completed the requirements for graduation prescribed in division	1601
(C) of this section if all of the following conditions are	1602
satisfied:	1603

(1) During the student's third year of attending high school,	1604
as determined by the school, the student and the student's parent,	1605
guardian, or custodian sign and file with the school a written	1606
statement asserting the parent's, guardian's, or custodian's	1607
consent to the student's graduating without completing the	1608
requirements for graduation prescribed in division (C) of this	1609
section and acknowledging that one consequence of not completing	1610
those requirements is ineligibility to enroll in most state	1611
universities in Ohio without further coursework.	1612

(2) The student and parent, guardian, or custodian fulfill	1613
any procedural requirements the school stipulates to ensure the	1614
student's and parent's, guardian's, or custodian's informed	1615
consent and to facilitate orderly filing of statements under	1616
division (D)(1) of this section. Annually, each district or school	1617
shall notify the department of education of the number of students	1618
who choose to qualify for graduation under division (D) of this	1619
section and the number of students who complete the student's	1620
success plan and graduate from high school.	1621

(3) The student and the student's parent, guardian, or	1622
custodian and a representative of the student's high school	1623
jointly develop a student success plan for the student in the	1624
manner described in division (C)(1) of section 3313.6020 of the	1625
Revised Code that specifies the student matriculating to a	1626
two-year degree program, acquiring a business and	1627
industry-recognized credential, or entering an apprenticeship.	1628

(4) The student's high school provides counseling and support	1629
for the student related to the plan developed under division	1630
(D)(3) of this section during the remainder of the student's high	1631
school experience.	1632

(5)(a) Except as provided in division (D)(5)(b) of this	1633
section, the student successfully completes, at a minimum, the	1634
curriculum prescribed in division (B) of this section.	1635

(b) Beginning with students who enter ninth grade for the	1636
first time on or after July 1, 2014, a student shall be required	1637
to complete successfully, at the minimum, the curriculum	1638
prescribed in division (B) of this section, except as follows:	1639

(i) Mathematics, four units, one unit which shall be one of	1640
the following:	1641

(I) Probability and statistics;

1642

(II) Computer programming;

1643

(III) Applied mathematics or quantitative reasoning;

1644

(IV) Any other course approved by the department using	1645
standards established by the superintendent not later than October	1646
1, 2014.	1647

(ii) Elective units, five units;

1648

(iii) Science, three units as prescribed by division (B) of	1649
this section which shall include inquiry-based laboratory	1650
experience that engages students in asking valid scientific	1651
questions and gathering and analyzing information.	1652

The department, in collaboration with the chancellor, shall	1653
analyze student performance data to determine if there are	1654
mitigating factors that warrant extending the exception permitted	1655
by division (D) of this section to high school classes beyond	1656
those entering ninth grade before July 1, 2016. The department	1657
shall submit its findings and any recommendations not later than	1658
December 1, 2015, to the speaker and minority leader of the house	1659
of representatives, the president and minority leader of the	1660
senate, the chairpersons and ranking minority members of the	1661
standing committees of the house of representatives and the senate	1662
that consider education legislation, the state board of education,	1663
and the superintendent of public instruction.	1664

(E) Each school district and chartered nonpublic school	1665
retains the authority to require an even more challenging minimum	1666
curriculum for high school graduation than specified in division	1667
(B) or (C) of this section. A school district board of education,	1668
through the adoption of a resolution, or the governing authority	1669
of a chartered nonpublic school may stipulate any of the	1670
following:	1671

(1) A minimum high school curriculum that requires more than	1672
twenty units of academic credit to graduate;	1673

(2) An exception to the district's or school's minimum high	1674
school curriculum that is comparable to the exception provided in	1675
division (D) of this section but with additional requirements,	1676
which may include a requirement that the student successfully	1677
complete more than the minimum curriculum prescribed in division	1678
(B) of this section;	1679

(3) That no exception comparable to that provided in division	1680
(D) of this section is available.	1681

(F) A student enrolled in a dropout prevention and recovery	1682
program, which program has received a waiver from the department,	1683
may qualify for graduation from high school by successfully	1684
completing a competency-based instructional program administered	1685
by the dropout prevention and recovery program in lieu of	1686
completing the requirements for graduation prescribed in division	1687
(C) of this section. The department shall grant a waiver to a	1688
dropout prevention and recovery program, within sixty days after	1689
the program applies for the waiver, if the program meets all of	1690
the following conditions:	1691

(1) The program serves only students not younger than sixteen	1692
years of age and not older than twenty-one years of age.	1693

(2) The program enrolls students who, at the time of their	1694
initial enrollment, either, or both, are at least one grade level	1695
behind their cohort age groups or experience crises that	1696
significantly interfere with their academic progress such that	1697
they are prevented from continuing their traditional programs.	1698

(3) The program requires students to attain at least the	1699
applicable score designated for each of the assessments prescribed	1700
under division (B)(1) of section 3301.0710 of the Revised Code or,	1701
to the extent prescribed by rule of the state board under division	1702
(D)(5) of section 3301.0712 of the Revised Code, division (B)(2)	1703
of that section.	1704

(4) The program develops a student success plan for the	1705
student in the manner described in division (C)(1) of section	1706
3313.6020 of the Revised Code that specifies the student's	1707
matriculating to a two-year degree program, acquiring a business	1708
and industry-recognized credential, or entering an apprenticeship.	1709

(5) The program provides counseling and support for the	1710
student related to the plan developed under division (F)(4) of	1711
this section during the remainder of the student's high school	1712
experience.	1713

(6) The program requires the student and the student's	1714
parent, guardian, or custodian to sign and file, in accordance	1715
with procedural requirements stipulated by the program, a written	1716
statement asserting the parent's, guardian's, or custodian's	1717
consent to the student's graduating without completing the	1718
requirements for graduation prescribed in division (C) of this	1719
section and acknowledging that one consequence of not completing	1720
those requirements is ineligibility to enroll in most state	1721
universities in Ohio without further coursework.	1722

(7) Prior to receiving the waiver, the program has submitted	1723
to the department an instructional plan that demonstrates how the	1724
academic content standards adopted by the state board under	1725
section 3301.079 of the Revised Code will be taught and assessed.	1726

(8) Prior to receiving the waiver, the program has submitted	1727
to the department a policy on career advising that satisfies the	1728
requirements of section 3313.6020 of the Revised Code, with an	1729
emphasis on how every student will receive career advising.	1730

(9) Prior to receiving the waiver, the program has submitted	1731
to the department a written agreement outlining the future	1732
cooperation between the program and any combination of local job	1733
training, postsecondary education, nonprofit, and health and	1734
social service organizations to provide services for students in	1735
the program and their families.	1736

Divisions (F)(8) and (9) of this section apply only to	1737
waivers granted on or after July 1, 2015.	1738

If the department does not act either to grant the waiver or	1739
to reject the program application for the waiver within sixty days	1740
as required under this section, the waiver shall be considered to	1741
be granted.	1742

(G) Every high school may permit students below the ninth	1743
grade to take advanced work. If a high school so permits, it shall	1744
award high school credit for successful completion of the advanced	1745
work and shall count such advanced work toward the graduation	1746
requirements of division (B) or (C) of this section if the	1747
advanced work was both:	1748

(1) Taught by a person who possesses a license or certificate	1749
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	1750
Code that is valid for teaching high school;	1751

(2) Designated by the board of education of the city, local,	1752
or exempted village school district, the board of the cooperative	1753
education school district, or the governing authority of the	1754
chartered nonpublic school as meeting the high school curriculum	1755
requirements.	1756

Each high school shall record on the student's high school	1757
transcript all high school credit awarded under division (G) of	1758
this section. In addition, if the student completed a seventh- or	1759
eighth-grade fine arts course described in division (K) of this	1760
section and the course qualified for high school credit under that	1761
division, the high school shall record that course on the	1762
student's high school transcript.	1763

(H) The department shall make its individual academic career	1764
plan available through its Ohio career information system web site	1765
for districts and schools to use as a tool for communicating with	1766
and providing guidance to students and families in selecting high	1767
school courses.	1768

(I) Units earned in English language arts, mathematics,	1769
science, and social studies that are delivered through integrated	1770
academic and career-technical instruction are eligible to meet the	1771
graduation requirements of division (B) or (C) of this section.	1772

(J) The state board, in consultation with the chancellor,	1773
shall adopt a statewide plan implementing methods for students to	1774
earn units of high school credit based on a demonstration of	1775
subject area competency, instead of or in combination with	1776
completing hours of classroom instruction. The state board shall	1777
adopt the plan not later than March 31, 2009, and commence phasing	1778
in the plan during the 2009-2010 school year. The plan shall	1779
include a standard method for recording demonstrated proficiency	1780
on high school transcripts. Each school district and community	1781
school shall comply with the state board's plan adopted under this	1782
division and award units of high school credit in accordance with	1783
the plan. The state board may adopt existing methods for earning	1784
high school credit based on a demonstration of subject area	1785
competency as necessary prior to the 2009-2010 school year.	1786

(K) This division does not apply to students who qualify for	1787
graduation from high school under division (D) or (F) of this	1788
section, or to students pursuing a career-technical instructional	1789
track as determined by the school district board of education or	1790
the chartered nonpublic school's governing authority.	1791
Nevertheless, the general assembly encourages such students to	1792
consider enrolling in a fine arts course as an elective.	1793

Beginning with students who enter ninth grade for the first	1794
time on or after July 1, 2010, each student enrolled in a public	1795
or chartered nonpublic high school shall complete two semesters or	1796
the equivalent of fine arts to graduate from high school. The	1797
coursework may be completed in any of grades seven to twelve. Each	1798
student who completes a fine arts course in grade seven or eight	1799
may elect to count that course toward the five units of electives	1800
required for graduation under division (C)(8) of this section, if	1801
the course satisfied the requirements of division (G) of this	1802
section. In that case, the high school shall award the student	1803
high school credit for the course and count the course toward the	1804
five units required under division (C)(8) of this section. If the	1805
course in grade seven or eight did not satisfy the requirements of	1806
division (G) of this section, the high school shall not award the	1807
student high school credit for the course but shall count the	1808
course toward the two semesters or the equivalent of fine arts	1809
required by this division.	1810

(L) Notwithstanding anything to the contrary in this section,	1811
the board of education of each school district and the governing	1812
authority of each chartered nonpublic school may adopt a policy to	1813
excuse from the high school physical education requirement each	1814
student who, during high school, has participated in	1815
interscholastic athletics, marching band, or cheerleading for at	1816
least two full seasons or in the junior reserve officer training	1817
corps for at least two full school years. If the board or	1818
authority adopts such a policy, the board or authority shall not	1819
require the student to complete any physical education course as a	1820
condition to graduate. However, the student shall be required to	1821
complete one-half unit, consisting of at least sixty hours of	1822
instruction, in another course of study. In the case of a student	1823
who has participated in the junior reserve officer training corps	1824
for at least two full school years, credit received for that	1825
participation may be used to satisfy the requirement to complete	1826
one-half unit in another course of study.	1827

(M) It is important that high school students learn and	1828
understand United States history and the governments of both the	1829
United States and the state of Ohio. Therefore, beginning with	1830
students who enter ninth grade for the first time on or after July	1831
1, 2012, the study of American history and American government	1832
required by divisions (B)(6) and (C)(6) of this section shall	1833
include the study of all of the following documents:	1834

(1) The Declaration of Independence;

1835

(2) The Northwest Ordinance;

1836

(3) The Constitution of the United States with emphasis on	1837
the Bill of Rights;	1838

(4) The Ohio Constitution.

1839

The study of each of the documents prescribed in divisions	1840
(M)(1) to (4) of this section shall include study of that document	1841
in its original context.	1842

The study of American history and government required by	1843
divisions (B)(6) and (C)(6) of this section shall include the	1844
historical evidence of the role of documents such as the	1845
Federalist Papers and the Anti-Federalist Papers to firmly	1846
establish the historical background leading to the establishment	1847
of the provisions of the Constitution and Bill of Rights.	1848

Sec. 3313.612.  (A) No nonpublic school chartered by the	1849
state board of education shall grant a high school diploma to any	1850
person unless, subject to section 3313.614 of the Revised Code,	1851
the person has met the assessment requirements of division (A)(1)	1852
or (2) of this section, as applicable.	1853

(1) If the person entered the ninth grade prior to July 1,	1854
2014, the person has attained at least the applicable scores	1855
designated under division (B)(1) of section 3301.0710 of the	1856
Revised Code on all the assessments required by that division, or	1857
has satisfied the alternative conditions prescribed in section	1858
3313.615 of the Revised Code.	1859

(2) If the person entered the ninth grade on or after July 1,	1860
2014, the person has met the requirement prescribed by section	1861
3313.618 of the Revised Code.	1862

(B) This section does not apply to any of the following:

1863

(1) Any person with regard to any assessment from which the	1864
person was excused pursuant to division (C)(1)(c) of section	1865
3301.0711 of the Revised Code;	1866

(2) Any person thatwho attends a nonpublic school acting in	1867
accordance with division (D) of this section with regard to any	1868
end-of-course examination required under divisions (B)(2) and (3)	1869
of section 3301.0712 of the Revised Code, unless that person is a	1870
student attending the school under a state scholarship program as	1871
defined in section 3301.0711 of the Revised Code;	1872

(3) Any person with regard to the social studies assessment	1873
under division (B)(1) of section 3301.0710 of the Revised Code,	1874
any American history end-of-course examination and any American	1875
government end-of-course examination required under division (B)	1876
of section 3301.0712 of the Revised Code if such an exemption is	1877
prescribed by rule of the state board of education under division	1878
(D)(3) of section 3301.0712 of the Revised Code, or the	1879
citizenship test under former division (B) of section 3301.0710 of	1880
the Revised Code as it existed prior to September 11, 2001, if all	1881
of the following apply:	1882

(a) The person is not a citizen of the United States;

1883

(b) The person is not a permanent resident of the United	1884
States;	1885

(c) The person indicates no intention to reside in the United	1886
States after completion of high school.	1887

(C) As used in this division, "limited English proficient	1888
student" has the same meaning as in division (C)(3) of section	1889
3301.0711 of the Revised Code.	1890

Notwithstanding division (C)(3) of section 3301.0711 of the	1891
Revised Code, no limited English proficient student who has not	1892
either attained the applicable scores designated under division	1893
(B)(1) of section 3301.0710 of the Revised Code on all the	1894
assessments required by that division, or met the requirement	1895
prescribed by section 3313.618 of the Revised Code, shall be	1896
awarded a diploma under this section.	1897

(D) A chartered nonpublic school chartered by the state board	1898
may forgo the end-of-course examinations required by divisions	1899
(B)(2) and (3) of section 3301.0712 of the Revised Codeshall not	1900
be subject to division (A)(2) of this section, if that school	1901
publishes the results of the standardized assessment prescribed	1902
under division (B)(1) of section 3301.0712 of the Revised Code for	1903
each graduating class. The published results shall include the	1904
overall composite scores, mean scores, twenty-fifth percentile	1905
scores, and seventy-fifth percentile scores for each subject area	1906
of the assessment.	1907

The exemption prescribed in division (D) of this section is	1908
not available to a school that is subject to division (K)(1)(a) of	1909
section 3301.0711 of the Revised Code nor does it apply to any	1910
student attending a nonpublic school under a state scholarship	1911
program as defined in that section.	1912

(E) The state board shall not impose additional requirements	1913
or assessments for the granting of a high school diploma under	1914
this section that are not prescribed by this section.	1915

(F) The department of education shall furnish the assessment	1916
administered by a nonpublic school pursuant to division (B)(1) of	1917
section 3301.0712 of the Revised Code.	1918

(G) The exemption provided for in divisions (B)(2) and (D) of	1919
this section shall be effective on and after October 1, 2015, but	1920
only if the general assembly does not enact different requirements	1921
regarding end-of-course examinations for chartered nonpublic	1922
schools that are effective by that date.	1923

Sec. 3313.672.  (A)(1) At the time of initial entry to a	1924
public or nonpublic school, a pupil shall present to the person in	1925
charge of admission any records given the pupil by the public or	1926
nonpublic elementary or secondary school the pupil most recently	1927
attended; a certified copy of an order or decree, or modification	1928
of such an order or decree allocating parental rights and	1929
responsibilities for the care of a child and designating a	1930
residential parent and legal custodian of the child, as provided	1931
in division (B) of this section, if that type of order or decree	1932
has been issued; a copy of a power of attorney or caretaker	1933
authorization affidavit, if either has been executed with respect	1934
to the child pursuant to sections 3109.51 to 3109.80 of the	1935
Revised Code; and a certification of birth issued pursuant to	1936
Chapter 3705. of the Revised Code, a comparable certificate or	1937
certification issued pursuant to the statutes of another state,	1938
territory, possession, or nation, or a document in lieu of a	1939
certificate or certification as described in divisions (A)(1)(a)	1940
to (e) of this section. Any of the following shall be accepted in	1941
lieu of a certificate or certification of birth by the person in	1942
charge of admission:	1943

(a) A passport or attested transcript of a passport filed	1944
with a registrar of passports at a point of entry of the United	1945
States showing the date and place of birth of the child;	1946

(b) An attested transcript of the certificate of birth;

1947

(c) An attested transcript of the certificate of baptism or	1948
other religious record showing the date and place of birth of the	1949
child;	1950

(d) An attested transcript of a hospital record showing the	1951
date and place of birth of the child;	1952

(e) A birth affidavit.

1953

(2) If a pupil requesting admission to a school of the school	1954
district in which the pupil is entitled to attend school under	1955
section 3313.64 or 3313.65 of the Revised Code has been discharged	1956
or released from the custody of the department of youth services	1957
under section 5139.51 of the Revised Code just prior to requesting	1958
admission to the school, no school official shall admit that pupil	1959
until the records described in divisions (D)(4)(a) to (d) of	1960
section 2152.18 of the Revised Code have been received by the	1961
superintendent of the school district.	1962

(3) No public or nonpublic school official shall deny a	1963
protected child admission to the school solely because the child	1964
does not present a birth certificate described in division (A)(1)	1965
of this section, a comparable certificate or certification from	1966
another state, territory, possession, or nation, or another	1967
document specified in divisions (A)(1)(a) to (e) of this section	1968
upon registration for entry into the school. However, the	1969
protected child, or the parent, custodian, or guardian of that	1970
child, shall present a birth certificate or other document	1971
specified in divisions (A)(1)(a) to (e) of this section to the	1972
person in charge of admission of the school within ninety days	1973
after the child's initial entry into the school.	1974

(4) Except as otherwise provided in division (A)(2) or (3) of	1975
this section, within twenty-four hours of the entry into the	1976
school of a pupil described in division (A)(1) of this section, a	1977
school official shall request the pupil's official records from	1978
the public or nonpublic elementary or secondary school the pupil	1979
most recently attended. If the public or nonpublic school the	1980
pupil claims to have most recently attended indicates that it has	1981
no record of the pupil's attendance or the records are not	1982
received within fourteen days of the date of request, or if the	1983
pupil does not present a certification of birth described in	1984
division (A)(1) of this section, a comparable certificate or	1985
certification from another state, territory, possession, or	1986
nation, or another document specified in divisions (A)(1)(a) to	1987
(e) of this section, the principal or chief administrative officer	1988
of the school shall notify the law enforcement agency having	1989
jurisdiction in the area where the pupil resides of this fact and	1990
of the possibility that the pupil may be a missing child, as	1991
defined in section 2901.30 of the Revised Code.	1992

(B)(1) Whenever an order or decree allocating parental rights	1993
and responsibilities for the care of a child and designating a	1994
residential parent and legal custodian of the child, including a	1995
temporary order, is issued resulting from an action of divorce,	1996
alimony, annulment, or dissolution of marriage, and the order or	1997
decree pertains to a child who is a pupil in a public or nonpublic	1998
school, the residential parent of the child shall notify the	1999
school of those allocations and designations by providing the	2000
person in charge of admission at the pupil's school with a	2001
certified copy of the order or decree that made the allocation and	2002
designation. Whenever there is a modification of any order or	2003
decree allocating parental rights and responsibilities for the	2004
care of a child and designating a residential parent and legal	2005
custodian of the child that has been submitted to a school, the	2006
residential parent shall provide the person in charge of admission	2007
at the pupil's school with a certified copy of the order or decree	2008
that makes the modification.	2009

(2) Whenever a power of attorney is executed under sections	2010
3109.51 to 3109.62 of the Revised Code that pertains to a child	2011
who is a pupil in a public or nonpublic school, the attorney in	2012
fact shall notify the school of the power of attorney by providing	2013
the person in charge of admission with a copy of the power of	2014
attorney. Whenever a caretaker authorization affidavit is executed	2015
under sections 3109.64 to 3109.73 of the Revised Code that	2016
pertains to a child who is in a public or nonpublic school, the	2017
grandparent who executed the affidavit shall notify the school of	2018
the affidavit by providing the person in charge of admission with	2019
a copy of the affidavit.	2020

(C) If, at the time of a pupil's initial entry to a public or	2021
nonpublic school, the pupil is under the care of a shelter for	2022
victims of domestic violence, as defined in section 3113.33 of the	2023
Revised Code, the pupil or the pupil's parent shall notify the	2024
school of that fact. Upon being so informed, the school shall	2025
inform the elementary or secondary school from which it requests	2026
the pupil's records of that fact.	2027

(D) Whenever a public or nonpublic school is notified by a	2028
law enforcement agency pursuant to division (D) of section 2901.30	2029
of the Revised Code that a missing child report has been filed	2030
regarding a pupil who is currently or was previously enrolled in	2031
the school, the person in charge of admission at the school shall	2032
mark that pupil's records in such a manner that whenever a copy of	2033
or information regarding the records is requested, any school	2034
official responding to the request is alerted to the fact that the	2035
records are those of a missing child. Upon any request for a copy	2036
of or information regarding a pupil's records that have been so	2037
marked, the person in charge of admission immediately shall report	2038
the request to the law enforcement agency that notified the school	2039
that the pupil is a missing child. When forwarding a copy of or	2040
information from the pupil's records in response to a request, the	2041
person in charge of admission shall do so in such a way that the	2042
receiving district or school would be unable to discern that the	2043
pupil's records are marked pursuant to this division but shall	2044
retain the mark in the pupil's records until notified that the	2045
pupil is no longer a missing child. Upon notification by a law	2046
enforcement agency that a pupil is no longer a missing child, the	2047
person in charge of admission shall remove the mark from the	2048
pupil's records in such a way that if the records were forwarded	2049
to another district or school, the receiving district or school	2050
would be unable to discern that the records were ever marked.	2051

(E) As used in this section:

2052

(1) "Protected child" means a child placed in a foster home,	2053
as that term is defined in section 5103.02 of the Revised Code, or	2054
in a residential facility.	2055

(2) "Residential facility" means a group home for children,	2056
children's crisis care facility, children's residential center,	2057
residential parenting facility that provides twenty-four-hour	2058
child care, county children's home, or district children's home.	2059

Sec. 3313.814.  (A) As used in this section and sections	2060
3313.816 and 3313.817 of the Revised Code:	2061

(1) "A la carte item" means an individually priced food or	2062
beverage item that is available for sale to students through any	2063
of the following:	2064

(a) A school food service program;

2065

(b) A vending machine located on school property;

2066

(c) A store operated by the school, a student association, or	2067
other school-sponsored organization.	2068

"A la carte item" does not include any food or beverage item	2069
available for sale in connection with a school-sponsored	2070
fundraiser held outside of the regular school day, any other	2071
school-sponsored event held outside of the regular school day, or	2072
an interscholastic athletic event. "A la carte item" also does not	2073
include any food or beverage item that is part of a reimbursable	2074
meal and that is available for sale as an individually priced item	2075
in a serving portion of the same size as in the reimbursable meal,	2076
regardless of whether the food or beverage item is included in the	2077
reimbursable meal served on a particular school day.	2078

(2) "Added sweeteners" means any additives that enhance the	2079
sweetness of a beverage, including processed sugar. "Added	2080
sweeteners" do not include any natural sugars found in fruit	2081
juices that are a component of the beverage.	2082

(3) "Extended school day" means the period before and after	2083
the regular school day during which students participate in	2084
school-sponsored extracurricular activities, latchkey programs as	2085
defined in section 3313.207 of the Revised Code, or other academic	2086
or enrichment programs.	2087

(4) "Regular school day" means the period each school day	2088
between the designated arrival time for students and the end of	2089
the final instructional period.	2090

(5) "Reimbursable meal" means a meal that is provided to	2091
students through a school breakfast or lunch program established	2092
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	2093
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80	2094
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria	2095
for reimbursement established by the United States department of	2096
agriculture.	2097

(6) "School food service program" means a school food service	2098
program operated under section 3313.81 or 3313.813 of the Revised	2099
Code.	2100

(B) Each school district board of education and each	2101
chartered nonpublic school governing authority shall adopt and	2102
enforce nutrition standards governing the types of food and	2103
beverages that may be sold on the premises of its schools, and	2104
specifying the time and place each type of food or beverage may be	2105
sold.	2106

(1) In adopting the standards, the board or governing	2107
authority shall do all of the following:	2108

(a) Consider the nutritional value of each food or beverage;

2109

(b) Consult with a dietitian licensed under Chapter 4759. of	2110
the Revised Code, a dietetic technician registered by the	2111
commission on dietetic registration, or a school nutrition	2112
specialist certified or credentialed by the school nutrition	2113
association. The person with whom the board or governing authority	2114
consults may be an employee of the board or governing authority, a	2115
person contracted by the board or governing authority, or a	2116
volunteer, provided the person meets the requirements of this	2117
division.	2118

(c) Consult the dietary guidelines for Americans jointly	2119
developed by the United States department of agriculture and the	2120
United States department of health and human services and, to the	2121
maximum extent possible, incorporate the guidelines into the	2122
standards.	2123

(2) No food or beverage may be sold on any school premises	2124
except in accordance with the standards adopted by the board or	2125
governing authority.	2126

(3) The standards shall comply with sections 3313.816 and	2127
3313.817 of the Revised Code, but nothing in this section shall	2128
prohibit the standards from being more restrictive than otherwise	2129
required by those sections.	2130

(C) The nutrition standards adopted under this section shall	2131
prohibit the placement of vending machines in any classroom where	2132
students are provided instruction, unless the classroom also is	2133
used to serve students meals. This division does not apply to	2134
vending machines that sell only milk, reimbursable meals, or food	2135
and beverage items that are part of a reimbursable meal and are	2136
available for sale as individually priced items in serving	2137
portions of the same size as in the reimbursable meal.	2138

(D) Each board or governing authority shall designate staff	2139
to be responsible for ensuring that the school district or school	2140
meets the nutrition standards adopted under this section. The	2141
staff shall prepare an annual report regarding the district's or	2142
school's compliance with the standards and submit it to the	2143
department of education. The board or governing authority annually	2144
shall schedule a presentation on the report at one of its regular	2145
meetings. Each district or school shall make copies of the report	2146
available to the public upon request.	2147

(E) The state board of education shall formulatedo both of	2148
the following:	2149

(1) Formulate and adopt guidelines, which boards of education	2150
and chartered nonpublic schools may follow in enforcing and	2151
implementing this section.	2152

(2) Not later than ninety days after the effective date of	2153
this amendment, adopt rules pursuant to Chapter 119. of the	2154
Revised Code regarding the sale of beverages and food during the	2155
regular school day in connection with a school-sponsored	2156
fundraiser. The rules shall specify that, if a fundraiser takes	2157
place during the regular school day for not more than the	2158
equivalent of thirty school days during a school year, the sale of	2159
beverages and food in connection with that fundraiser, shall be	2160
exempt from sections 3313.816 and 3313.817 of the Revised Code, so	2161
long as no beverages or food are sold in connection with the	2162
fundraiser during the time of a meal service in the food service	2163
area. Each school district board of education or chartered	2164
nonpublic school governing authority may incorporate the rules	2165
adopted by the state board pursuant to this division into the	2166
guidelines adopted by the district board or school governing	2167
authority under division (B) of this section.	2168

Sec. 3314.06.  The governing authority of each community	2169
school established under this chapter shall adopt admission	2170
procedures that specify the following:	2171

(A) That, except as otherwise provided in this section,	2172
admission to the school shall be open to any individual age five	2173
to twenty-two entitled to attend school pursuant to section	2174
3313.64 or 3313.65 of the Revised Code in a school district in the	2175
state.	2176

Additionally, except as otherwise provided in this section,	2177
admission to the school may be open on a tuition basis to any	2178
individual age five to twenty-two who is not a resident of this	2179
state. The school shall not receive state funds under section	2180
3314.08 of the Revised Code for any student who is not a resident	2181
of this state.	2182

An individual younger than five years of age may be admitted	2183
to the school in accordance with division (A)(2) of section	2184
3321.01 of the Revised Code. The school shall receive funds for an	2185
individual admitted under that division in the manner provided	2186
under section 3314.08 of the Revised Code.	2187

If the school operates a program that uses the Montessori	2188
method endorsed by the American Montessori society, the Montessori	2189
accreditation council for teacher education, or the association	2190
Montessori internationale as its primary method of instruction,	2191
admission to the school may be open to individuals younger than	2192
five years of age, but the school shall not receive funds under	2193
this chapter for those individuals. Notwithstanding anything to	2194
the contrary in this chapter, individuals younger than five years	2195
of age who are enrolled in a Montessori program shall be offered	2196
at least four hundred fifty-five hours of learning opportunities	2197
per school year.	2198

(B)(1) That admission to the school may be limited to	2199
students who have attained a specific grade level or are within a	2200
specific age group; to students that meet a definition of	2201
"at-risk," as defined in the contract; to residents of a specific	2202
geographic area within the district, as defined in the contract;	2203
or to separate groups of autistic students and nondisabled	2204
students, as authorized in section 3314.061 of the Revised Code	2205
and as defined in the contract.	2206

(2) For purposes of division (B)(1) of this section,	2207
"at-risk" students may include those students identified as gifted	2208
students under section 3324.03 of the Revised Code.	2209

(C) Whether enrollment is limited to students who reside in	2210
the district in which the school is located or is open to	2211
residents of other districts, as provided in the policy adopted	2212
pursuant to the contract.	2213

(D)(1) That there will be no discrimination in the admission	2214
of students to the school on the basis of race, creed, color,	2215
disability, or sex except that:	2216

(a) The governing authority may do either of the following	2217
for the purpose described in division (G) of this section:	2218

(i) Establish a single-gender school for either sex;

2219

(ii) Establish single-gender schools for each sex under the	2220
same contract, provided substantially equal facilities and	2221
learning opportunities are offered for both boys and girls. Such	2222
facilities and opportunities may be offered for each sex at	2223
separate locations.	2224

(b) The governing authority may establish a school that	2225
simultaneously serves a group of students identified as autistic	2226
and a group of students who are not disabled, as authorized in	2227
section 3314.061 of the Revised Code. However, unless the total	2228
capacity established for the school has been filled, no student	2229
with any disability shall be denied admission on the basis of that	2230
disability.	2231

(2) That upon admission of any student with a disability, the	2232
community school will comply with all federal and state laws	2233
regarding the education of students with disabilities.	2234

(E) That the school may not limit admission to students on	2235
the basis of intellectual ability, measures of achievement or	2236
aptitude, or athletic ability, except that a school may limit its	2237
enrollment to students as described in division (B) of this	2238
section.	2239

(F) That the community school will admit the number of	2240
students that does not exceed the capacity of the school's	2241
programs, classes, grade levels, or facilities.	2242

(G) That the purpose of single-gender schools that are	2243
established shall be to take advantage of the academic benefits	2244
some students realize from single-gender instruction and	2245
facilities and to offer students and parents residing in the	2246
district the option of a single-gender education.	2247

(H) That, except as otherwise provided under division (B) of	2248
this section or section 3314.061 of the Revised Code, if the	2249
number of applicants exceeds the capacity restrictions of division	2250
(F) of this section, students shall be admitted by lot from all	2251
those submitting applications, except preference shall be given to	2252
students attending the school the previous year and to students	2253
who reside in the district in which the school is located.	2254
Preference may be given to siblings of students attending the	2255
school the previous year.	2256

Notwithstanding divisions (A) to (H) of this section, in the	2257
event the racial composition of the enrollment of the community	2258
school is violative of a federal desegregation order, the	2259
community school shall take any and all corrective measures to	2260
comply with the desegregation order.	2261

Sec. 3317.034.  For purposes of section 3317.03 of the	2262
Revised Code:	2263

(A) A student shall be considered to be enrolled in the	2264
district for any portion of the school year the student is	2265
participating at a college under Chapter 3365. of the Revised	2266
Code.	2267

(B) A student shall be considered to be enrolled in the	2268
district for the period of time beginning on the date on which the	2269
school has both received the documentation of the student's	2270
enrollment from a parent and the student has commenced	2271
participation in learning opportunities offered by the district.	2272
For purposes of applying divisions (B) and (C) of this section,	2273
"learning opportunities" means both classroom-based and	2274
nonclassroom-based learning opportunities overseen by licensed	2275
educational employees of the district that is in compliance with	2276
criteria and documentation requirements for student participation,	2277
which shall be established by the department. Any student's	2278
instruction time in nonclassroom-based learning opportunities	2279
shall be certified by an employee of the district.	2280

(C) A student's enrollment shall be considered to cease on	2281
the date on which any of the following occur:	2282

(1) The district receives documentation from a parent	2283
terminating enrollment of the student.	2284

(2) The district is provided documentation of a student's	2285
enrollment in another public or nonpublic school.	2286

(3) The student fails to participate in learning	2287
opportunities and has not received an excused absence for one	2288
hundred and five continuous hours. If a student is withdrawn from	2289
the district for failure to participate in learning opportunities	2290
under division (C)(1)(a)(v) of this section and the district board	2291
determines that the student is truant, the district shall take the	2292
appropriate action required under sections 3321.19 and 3321.191 of	2293
the Revised Code.	2294

(4) The student ceases to participate in learning	2295
opportunities provided by the school.	2296

(D) No public school may enroll or withdraw a student from	2297
the education management information system established under	2298
section 3310.0714 of the Revised Code later than thirty days after	2299
the student's actual enrollment or withdrawal from the school.	2300

(E) A student in any of grades nine through twelve shall be	2301
considered a full-time equivalent student if the student is	2302
enrolled in at least five units of instruction, as defined in	2303
section 3313.603 of the Revised Code, per school year.	2304

Sec. 3319.227.  (A) Notwithstanding any other provision of	2305
the Revised Code or any rule adopted by the state board of	2306
education to the contrary, the state board shall issue a resident	2307
educator license under section 3319.22 of the Revised Code to each	2308
person who is assigned to teach in this state as a participant in	2309
the teach for America program and who meets the following	2310
conditions:	2311

(1) Holds a bachelor's degree from an accredited institution	2312
of higher education;	2313

(2) Maintained a cumulative undergraduate grade point average	2314
of at least 2.5 out of 4.0, or its equivalent;	2315

(3) Has passed an examination prescribed by the state board	2316
in the subject area to be taught;	2317

(4) Has successfully completed the summer training institute	2318
operated by teach for America.	2319

(B) The state board shall issue a resident educator license	2320
under this section for teaching in any grade level or subject area	2321
for which a person may obtain a resident educator license under	2322
section 3319.22 of the Revised Code. The state board shall not	2323
adopt rules establishing any additional qualifications for the	2324
license beyond those specified in this section.	2325

(C) Notwithstanding any other provision of the Revised Code	2326
or any rule adopted by the state board to the contrary, the state	2327
board shall issue a resident educator license under section	2328
3319.22 of the Revised Code to any applicant who has completed at	2329
least two years of teaching in another state as a participant in	2330
the teach for America program and meets all of the conditions of	2331
divisions (A)(1) to (4) of this section. The state board shall	2332
credit an applicant under this division as having completed two	2333
years of the teacher residency program under section 3319.223 of	2334
the Revised Code.	2335

(D) In order to place teachers in this state, the teach for	2336
America program shall enter into an agreement with one or more	2337
accredited four-year public or private institutions of higher	2338
education in the state to provide optional training of teach for	2339
America participants for the purpose of enabling those	2340
participants to complete an optional master's degree or an	2341
equivalent amount of coursework. Nothing in this division shall	2342
require any teach for America participant to complete a master's	2343
degree as a condition of holding a license issued under this	2344
section.	2345

(E)(1) Each participant in the teach for America program	2346
shall successfully complete that program as a condition of	2347
continuing to hold a license issued pursuant to divisions (A) and	2348
(B) of this section.	2349

(2) If a participant in the teach for America program	2350
assigned to teach in a school district in this state resigns or is	2351
otherwise removed from the program prior to the program's	2352
completion, the board of education of that school district shall	2353
provide written notice of the participant's resignation to the	2354
department of education.	2355

Sec. 3319.261. (A) Notwithstanding any other provision of the	2356
Revised Code or any rule adopted by the state board of education	2357
to the contrary, the state board shall issue an alternative	2358
resident educator license under division (C) of section 3319.26 of	2359
the Revised Code to each applicant who meets the following	2360
conditions:	2361

(1) Holds a bachelor's degree from an accredited institution	2362
of higher education;	2363

(2) Has successfully completed a teacher education program	2364
offered by one of the following entities:	2365

(a) Graduation from anThe American Montessori	2366
society-affiliated teacher education programsociety;	2367

(b) Receipt of a certificate from theThe association	2368
Montessori internationale;	2369

(c) An institution accredited by the Montessori accreditation	2370
council for teacher education.	2371

(3) Is employed in a school that operates a program that uses	2372
the Montessori method endorsed by the American Montessori society,	2373
the Montessori accreditation council for teacher education, or the	2374
association Montessori internationale as its primary method of	2375
instruction.	2376

(B) The holder of an alternative resident educator license	2377
issued under this section shall be subject to divisions (A), (B),	2378
(D), and (E) of section 3319.26 of the Revised Code and shall be	2379
granted a professional educator license upon successful completion	2380
of the requirements described in division (F) of section 3319.26	2381
of the Revised Code.	2382

Sec. 3365.04. Each public and participating nonpublic	2383
secondary school shall do all of the following with respect to the	2384
college credit plus program:	2385

(A) Provide information about the program prior to the first	2386
day of March of each year to all students enrolled in grades six	2387
through eleven;	2388

(B) Provide counseling services to students in grades six	2389
through eleven and to their parents before the students	2390
participate in the program under this chapter to ensure that	2391
students and parents are fully aware of the possible consequences	2392
and benefits of participation. Counseling information shall	2393
include:	2394

(1) Program eligibility;

2395

(2) The process for granting academic credits;

2396

(3) Any necessary financial arrangements for tuition,	2397
textbooks, and fees;	2398

(4) Criteria for any transportation aid;

2399

(5) Available support services;

2400

(6) Scheduling;

2401

(7) Communicating the possible consequences and benefits of	2402
participation, including all of the following:	2403

(a) The consequences of failing or not completing a course	2404
under the program, including the effect on the student's ability	2405
to complete the secondary school's graduation requirements;	2406

(b) The effect of the grade attained in a course under the	2407
program being included in the student's grade point average, as	2408
applicable;	2409

(c) The benefits to the student for successfully completing a	2410
course under the program, including the ability to reduce the	2411
overall costs of, and the amount of time required for, a college	2412
education.	2413

(8) The academic and social responsibilities of students and	2414
parents under the program;	2415

(9) Information about and encouragement to use the counseling	2416
services of the college in which the student intends to enroll;	2417

(10) The standard packet of information for the program	2418
developed by the chancellor of the Ohio board of regents pursuant	2419
to section 3365.15 of the Revised Code;	2420

For a participating nonpublic secondary school, counseling	2421
information shall also include an explanation that funding may be	2422
limited and that not all students who wish to participate may be	2423
able to do so.	2424

(C) Promote the program on the school's web site, including	2425
the details of the school's current agreements with partnering	2426
colleges;	2427

(D) Schedule at least one informational session per school	2428
year to allow each partnering college that is located within	2429
thirty miles of the school to meet with interested students and	2430
parents. The session shall include the benefits and consequences	2431
of participation and shall outline any changes or additions to the	2432
requirements of the program. If there are no partnering colleges	2433
located within thirty miles of the school, the school shall	2434
coordinate with the closest partnering college to offer an	2435
informational session.	2436

(E) Implement a policy for the awarding of grades and the	2437
calculation of class standing for courses taken under division	2438
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	2439
adopted under this division shall be equivalent to the school's	2440
policy for courses taken under the advanced standing programs	2441
described in divisions (A)(2) and (3) of section 3313.6013 of the	2442
Revised Code or for other courses designated as honors courses by	2443
the school. If the policy includes awarding a weighted grade or	2444
enhancing a student's class standing for these courses, the policy	2445
adopted under this section shall also provide for theserequire	2446
the same procedures to be applied to all courses taken in the	2447
areas of mathematics, English language arts, science, and social	2448
studies under the college credit plus program, regardless of	2449
whether a similar course is offered at the school.	2450

(F) Develop model course pathways, pursuant to section	2451
3365.13 of the Revised Code, and publish the course pathways among	2452
the school's official list of course offerings for the program.	2453

(G) Annually collect, report, and track specified data	2454
related to the program according to data reporting guidelines	2455
adopted by the chancellor and the superintendent of public	2456
instruction pursuant to section 3365.15 of the Revised Code.	2457

Sec. 3365.05. Each public and participating private college	2458
shall do all of the following with respect to the college credit	2459
plus program:	2460

(A) Apply established standards and procedures for admission	2461
to the college and for course placement for participants. When	2462
determining admission and course placement, the college shall do	2463
all of the following:	2464

(1) Consider all available student data that may be an	2465
indicator of college readiness, including grade point average and	2466
end-of-course examination scores, if applicable;	2467

(2) Give priority to its current students regarding	2468
enrollment in courses. However, once a participant has been	2469
accepted into a course, the college shall not displace the	2470
participant for another student.	2471

(3) Adhere to any capacity limitations that the college has	2472
established for specified courses.	2473

If a participant meets the applicable eligibility criteria	2474
required for participation under the college credit plus program,	2475
no public or participating private college shall prohibit the	2476
admission of that participant based solely on the grade in which	2477
the participant is currently enrolled.	2478

(B) Send written notice to a participant, the participant's	2479
parent, the participant's secondary school, and the superintendent	2480
of public instruction, not later than fourteen calendar days prior	2481
to the first day of classes for that term, of the participant's	2482
admission to the college and to specified courses under the	2483
program.	2484

(C) Provide both of the following, not later than twenty-one	2485
calendar days after the first day of classes for that term, to	2486
each participant, participant's secondary school, and the	2487
superintendent of public instruction:	2488

(1) The courses and hours of enrollment of the participant;

2489

(2) The option elected by the participant under division (A)	2490
or (B) of section 3365.06 of the Revised Code for each course.	2491

The college shall also provide to each partnering school a	2492
roster of participants from that school that are enrolled in the	2493
college and a list of course assignments for each participant.	2494

(D) Promote the program on the college's web site, including	2495
the details of the college's current agreements with partnering	2496
secondary schools.	2497

(E) Coordinate with each partnering secondary school that is	2498
located within thirty miles of the college to present at least one	2499
informational session per school year for interested students and	2500
parents. The session shall include the benefits and consequences	2501
of participation and shall outline any changes or additions to the	2502
requirements of the program. If there are no partnering schools	2503
located within thirty miles of the college, the college shall	2504
coordinate with the closest partnering school to offer an	2505
informational session.	2506

(F) Assign an academic advisor that is employed by the	2507
college to each participant enrolled in that college. Prior to the	2508
date on which a withdrawal from a course would negatively affect a	2509
participant's transcripted grade, as prescribed by the college's	2510
established withdrawal policy, the college shall ensure that the	2511
academic advisor and the participant meet at least once to discuss	2512
the program and the courses in which the participant is enrolled.	2513

(G) Do both of the following with regard to high school	2514
teachers that are teaching courses for the college at a secondary	2515
school under the program:	2516

(1) Provide at least one professional development session per	2517
school year;	2518

(2) Conduct at least one classroom observation per school	2519
year for each course that is authorized by the college and taught	2520
by a high school teacher to ensure that the course meets the	2521
quality of a college-level course.	2522

(H) Annually collect, report, and track specified data	2523
related to the program according to data reporting guidelines	2524
adopted by the chancellor and the superintendent of public	2525
instruction pursuant to section 3365.15 of the Revised Code.	2526

(I) With the exception of divisions (D) and (E) of this	2527
section, any eligible out-of-state college participating in the	2528
college credit plus program shall be subject to the same	2529
requirements as a participating private college under this	2530
section.	2531

Sec. 3365.07.  The department of education shall calculate	2532
and pay state funds to colleges for participants in the college	2533
credit plus program under division (B) of section 3365.06 of the	2534
Revised Code pursuant to this section. For a nonpublic secondary	2535
school participant, a nonchartered nonpublic secondary school	2536
participant, or a home-instructed participant, the department	2537
shall pay state funds pursuant to this section only if that	2538
participant is awarded funding according to rules adopted by the	2539
chancellor of the Ohio board of regents, in consultation with the	2540
superintendent of public instruction, pursuant to section 3365.071	2541
of the Revised Code. The program shall be the sole mechanism by	2542
which state funds are paid to colleges for students to earn	2543
college-level credit while enrolled in a secondary school, with	2544
the exception of the programs listed in division (A) of section	2545
3365.02 of the Revised Code.	2546

(A) For each public or nonpublic secondary school participant	2547
enrolled in a public college:	2548

(1) If no agreement has been entered into under division	2549
(A)(2) of this section, both of the following shall apply:	2550

(a) The department shall pay to the college the applicable	2551
amount as follows:	2552

(i) For a participant enrolled in a college course delivered	2553
on the college campus, at another location operated by the	2554
college, or online, the default ceiling amount;	2555

(ii) For a participant enrolled in a college course delivered	2556
at the participant's secondary school but taught by college	2557
faculty, fifty per cent of the default ceiling amount;	2558

(iii) For a participant enrolled in a college course	2559
delivered at the participant's secondary school and taught by a	2560
high school teacher who has met the credential requirements	2561
established for purposes of the program in rules adopted by the	2562
chancellor of the Ohio board of regents, the default floor amount.	2563

(b) The participant's secondary school shall pay for	2564
textbooks, and the college shall waive payment of all other fees	2565
related to participation in the program.	2566

(2) The governing entity of a participant's secondary school	2567
and the college may enter into an agreement to establish an	2568
alternative payment structure for tuition, textbooks, and fees.	2569
Under such an agreement, payments for each participant made by the	2570
department shall be not less than the default floor amount, unless	2571
approved by the chancellor, and not more than the default ceiling	2572
amount. The chancellor shall approve an agreement that includes a	2573
payment below the default floor amount, as long as the provisions	2574
of the agreement comply with all other requirements of this	2575
chapter to ensure program quality. If no agreement is entered into	2576
under division (A)(2) of this section, both of the following shall	2577
apply:	2578

(a) The department shall pay to the college the applicable	2579
default amounts prescribed by division (A)(1)(a) of this section,	2580
depending upon the method of delivery and instruction.	2581

(b) In accordance with division (A)(1)(b) of this section,	2582
the participant's secondary school shall pay for textbooks, and	2583
the college shall waive payment of all other fees related to	2584
participation in the program.	2585

(3) No participant that is enrolled in a public college shall	2586
be charged for any tuition, textbooks, or other fees related to	2587
participation in the program.	2588

(B) For each public secondary school participant enrolled in	2589
a private college:	2590

(1) If no agreement has been entered into under division	2591
(B)(2) of this section, the department shall pay to the college	2592
the applicable amount calculated in the same manner as in division	2593
(A)(1)(a) of this section.	2594

(2) The governing entity of a participant's secondary school	2595
and the college may enter into an agreement to establish an	2596
alternative payment structure for tuition, textbooks, and fees.	2597
Under such an agreement, payments shall be not less than the	2598
default floor amount, unless approved by the chancellor, and not	2599
more than the default ceiling amount.	2600

If an agreement is entered into under division (B)(2) of this	2601
section, both of the following shall apply:	2602

(a) The department shall make a payment to the college for	2603
each participant that is equal to the default floor amount, unless	2604
approved by the chancellor to pay an amount below the default	2605
floor amount. The chancellor shall approve an agreement that	2606
includes a payment below the default floor amount, as long as the	2607
provisions of the agreement comply with all other requirements of	2608
this chapter to ensure program quality.	2609

(b) Payment for costs for the participant that exceed the	2610
amount paid by the department pursuant to division (B)(2)(a) of	2611
this section shall be negotiated by the school and the college.	2612
The agreement may include a stipulation permitting the charging of	2613
a participant, so long as the school provides information to all	2614
participants on the no-cost options available under this chapter.	2615

However, under no circumstances shall:

2616

(i) Payments for a participant made by the department under	2617
this division (B)(2) of this section exceed the default ceiling	2618
amount;	2619

(ii) The amount charged to a participant under division	2620
(B)(2) of this section exceed the difference between the maximum	2621
per participant charge amount and the default floor amount;	2622

(iii) The sum of the payments made by the department for a	2623
participant and the amount charged to that participant under	2624
division (B)(2) of this section exceed the following amounts, as	2625
applicable:	2626

(I) For a participant enrolled in a college course delivered	2627
on the college campus, at another location operated by the	2628
college, or online, the maximum per participant charge amount;	2629

(II) For a participant enrolled in a college course delivered	2630
at the participant's secondary school but taught by college	2631
faculty, one hundred twenty-five dollars;	2632

(III) For a participant enrolled in a college course	2633
delivered at the participant's secondary school and taught by a	2634
high school teacher who has met the credential requirements	2635
established for purposes of the program in rules adopted by the	2636
chancellor of the Ohio board of regents, one hundred dollars.	2637

(iv) A participant that is identified as economically	2638
disadvantaged according to rules adopted by the department be	2639
charged under division (B)(2) of this section for any tuition,	2640
textbooks, or other fees related to participation in the program.	2641

(C) For each nonpublic secondary school participant enrolled	2642
in a private or eligible out-of-state college, the department	2643
shall pay to the college the applicable amount calculated in the	2644
same manner as in division (A)(1)(a) of this section. Payment for	2645
costs for the participant that exceed the amount paid by the	2646
department shall be negotiated by the governing body of the	2647
nonpublic secondary school and the college.	2648

However, under no circumstances shall:

2649

(1) The payments for a participant made by the department	2650
under this division exceed the default ceiling amount.	2651

(2) Any nonpublic secondary school participant, who is	2652
enrolled in that secondary school with a scholarship awarded under	2653
either the educational choice scholarship pilot program, as	2654
prescribed by sections 3310.01 to 3310.17, or the pilot project	2655
scholarship program, as prescribed by sections 3313.974 to	2656
3313.979 of the Revised Code, and who qualifies as a low-income	2657
student under either of those programs, be charged for any	2658
tuition, textbooks, or other fees related to participation in the	2659
college credit plus program.	2660

(D) For each nonchartered nonpublic secondary school	2661
participant and each home-instructed participant enrolled in a	2662
public, private, or eligible out-of-state college, the department	2663
shall pay to the college the default ceiling amount, if that	2664
participant is enrolled in a college course delivered on the	2665
college campus, at another location operated by the college, or	2666
online.	2667

(E) Not later than thirty days after the end of each term,	2668
each college expecting to receive payment for the costs of a	2669
participant under this section shall notify the department of the	2670
number of enrolled credit hours for each participant.	2671

(F) Each January and July, or as soon as possible thereafter,	2672
the department shall make the applicable payments under this	2673
section to each college, which provided proper notification to the	2674
department under division (E) of this section, for the number of	2675
enrolled credit hours for participants enrolled in the college	2676
under division (B) of section 3365.06 of the Revised Code. The	2677
department shall not make any payments to a college under this	2678
section if a participant withdrew from a course prior to the date	2679
on which a withdrawal from the course would have negatively	2680
affected the participant's transcripted grade, as prescribed by	2681
the college's established withdrawal policy.	2682

(1) Payments made for public secondary school participants	2683
under this section shall be deducted from the school foundation	2684
payments made to the participant's school district or, if the	2685
participant is enrolled in a community school, a STEM school, or a	2686
college-preparatory boarding school, from the payments made to	2687
that school under section 3314.08, 3326.33, or 3328.34 of the	2688
Revised Code. If the participant is enrolled in a joint vocational	2689
school district, a portion of the amount shall be deducted from	2690
the payments to the joint vocational school district and a portion	2691
shall be deducted from the payments to the participant's city,	2692
local, or exempted village school district in accordance with the	2693
full-time equivalency of the student's enrollment in each	2694
district. Amounts deducted under division (F)(1) of this section	2695
shall be calculated in accordance with rules adopted by the	2696
chancellor, in consultation with the state superintendent,	2697
pursuant to division (B) of section 3365.071 of the Revised Code.	2698

(2) Payments made for nonpublic secondary school	2699
participants, nonchartered nonpublic secondary school	2700
participants, and home-instructed participants under this section	2701
shall be deducted from moneys appropriated by the general assembly	2702
for such purpose. Payments shall be allocated and distributed in	2703
accordance with rules adopted by the chancellor, in consultation	2704
with the state superintendent, pursuant to division (A) of section	2705
3365.071 of the Revised Code.	2706

(G) Any public college that enrolls a student under division	2707
(B) of section 3365.06 of the Revised Code may include that	2708
student in the calculation used to determine its state share of	2709
instruction funds appropriated to the Ohio board of regents by the	2710
general assembly.	2711

Section 2. That existing sections 3301.0711, 3301.0712,	2712
3302.02, 3302.03, 3302.035, 3313.534, 3313.603, 3313.612,	2713
3313.672, 3313.814, 3314.06, 3317.034, 3319.227, 3319.261,	2714
3365.04, 3365.05, and 3365.07 of the Revised Code are hereby	2715
repealed.	2716

Section 3.  That Section 263.20 of Am. Sub. H.B. 59 of the	2717
130th General Assembly, as amended by Am. Sub. H.B. 487 of the	2718
130th General Assembly, be amended to read as follows:	2719

Sec. 263.20. OPERATING EXPENSES

2720

A portion of the foregoing appropriation item 200321,	2721
Operating Expenses, shall be used by the Department of Education	2722
to provide matching funds under 20 U.S.C. 2321.	2723

EARLY CHILDHOOD EDUCATION

2724

Of the foregoing appropriation item 200408, Early Childhood	2725
Education, up to $50,000 in each fiscal year shall be used to	2726
support the operations of the "Ready, Set, Go...to Kindergarten"	2727
Program at the Horizon Education Center in Lorain County. The	2728
effectiveness of the program shall be evaluated and reported to	2729
the Department of Education in a study that includes statistics on	2730
program participants' scores for the "Get It, Got It, Go!"	2731
assessment and the kindergarten readiness assessment.	2732

The Department of Education shall distribute the remainder of	2733
the foregoing appropriation item 200408, Early Childhood	2734
Education, to pay the costs of early childhood education programs.	2735
The Department shall distribute such funds directly to qualifying	2736
providers.	2737

(A) As used in this section:

2738

(1) "Provider" means a city, local, exempted village, or	2739
joint vocational school district; an educational service center; a	2740
community school; a chartered nonpublic school; an early childhood	2741
education child care provider licensed under Chapter 5104. of the	2742
Revised Code that participates in and meets at least the third	2743
highest tier of the tiered quality rating and improvement system	2744
described in section 5104.30 of the Revised Code; or a combination	2745
of entities described in this paragraph.	2746

(2)(a) In the case of a city, local, or exempted village	2747
school district or early childhood education child care provider	2748
licensed under Chapter 5104. of the Revised Code, "new eligible	2749
provider" means a provider that did not receive state funding for	2750
Early Childhood Education in the previous fiscal year or	2751
demonstrates a need for early childhood programs as defined in	2752
division (D) of this section.	2753

(b) In the case of a community school, "new eligible	2754
provider" means a community school that operates a program that	2755
uses the Montessori method endorsed by the American Montessori	2756
society, the Montessori accreditation council for teacher	2757
education, or the association Montessori internationale as its	2758
primary method of instruction, as authorized by division (A) of	2759
section 3314.06 of the Revised Code, that did not receive state	2760
funding for Early Childhood Education in the previous fiscal year	2761
or demonstrates a need for early childhood programs as defined in	2762
division (D) of this section.	2763

(3) "Eligible child" means a child who is at least three	2764
years of age as of the district entry date for kindergarten, is	2765
not of the age to be eligible for kindergarten, and whose family	2766
earns not more than two hundred per cent of the federal poverty	2767
guidelines as defined in division (A)(3) of section 5101.46 of the	2768
Revised Code. Children with an Individualized Education Program	2769
and where the Early Childhood Education program is the least	2770
restrictive environment may be enrolled on their third birthday.	2771

(4) "Early learning program standards" means early learning	2772
program standards for school readiness developed by the Department	2773
to assess the operation of early learning programs.	2774

(B) In each fiscal year, up to two per cent of the total	2775
appropriation may be used by the Department for program support	2776
and technical assistance. The Department shall distribute the	2777
remainder of the appropriation in each fiscal year to serve	2778
eligible children.	2779

(C) The Department shall provide an annual report to the	2780
Governor, the Speaker of the House of Representatives, and the	2781
President of the Senate and post the report to the Department's	2782
web site, regarding early childhood education programs operated	2783
under this section and the early learning program standards.	2784

(D) After setting aside the amounts to make payments due from	2785
the previous fiscal year, in fiscal year 2014, the Department	2786
shall distribute funds first to recipients of funds for early	2787
childhood education programs under Section 267.10.10 of Am. Sub.	2788
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	2789
H.B. 487 of the 129th General Assembly, in the previous fiscal	2790
year and the balance to new eligible providers of early childhood	2791
education programs under this section or to existing providers to	2792
serve more eligible children or for purposes of program expansion,	2793
improvement, or special projects to promote quality and	2794
innovation.	2795

After setting aside the amounts to make payments due from the	2796
previous fiscal year, in fiscal year 2015, the Department shall	2797
distribute funds first to providers of early childhood education	2798
programs under this section in the previous fiscal year and the	2799
balance to new eligible providers or to existing providers to	2800
serve more eligible children as outlined under division (E) of	2801
this section or for purposes of program expansion, improvement, or	2802
special projects to promote quality and innovation.	2803

(E) The Department shall distribute any new or remaining	2804
funding to existing providers of early childhood education	2805
programs or any new eligible providers in an effort to invest in	2806
high quality early childhood programs where there is a need as	2807
determined by the Department. The Department shall distribute the	2808
new or remaining funds to existing providers of early childhood	2809
education programs or any new eligible providers to serve	2810
additional eligible children based on community economic	2811
disadvantage, limited access to high quality preschool or	2812
childcare services, and demonstration of high quality preschool	2813
services as determined by the Department using new metrics	2814
developed pursuant to Ohio's Race to the Top—Early Learning	2815
Challenge Grant, awarded to the Department in December 2011.	2816

Awards under divisions (D) and (E) of this section shall be	2817
distributed on a per-pupil basis, and in accordance with division	2818
(I) of this section. The Department may adjust the per-pupil	2819
amount so that the per-pupil amount multiplied by the number of	2820
eligible children enrolled and receiving services on the first day	2821
of December or the business day closest to that date equals the	2822
amount allocated under this section.	2823

(F) Costs for developing and administering an early childhood	2824
education program may not exceed fifteen per cent of the total	2825
approved costs of the program.	2826

All providers shall maintain such fiscal control and	2827
accounting procedures as may be necessary to ensure the	2828
disbursement of, and accounting for, these funds. The control of	2829
funds provided in this program, and title to property obtained,	2830
shall be under the authority of the approved provider for purposes	2831
provided in the program unless, as described in division (K) of	2832
this section, the program waives its right for funding or a	2833
program's funding is eliminated or reduced due to its inability to	2834
meet financial or early learning program standards. The approved	2835
provider shall administer and use such property and funds for the	2836
purposes specified.	2837

(G) The Department may examine a provider's financial and	2838
program records. If the financial practices of the program are not	2839
in accordance with standard accounting principles or do not meet	2840
financial standards outlined under division (F) of this section,	2841
or if the program fails to substantially meet the early learning	2842
program standards, meet a quality rating level in the tiered	2843
quality rating and improvement system developed under section	2844
5104.30 of the Revised Code as prescribed by the Department, or	2845
exhibits below average performance as measured against the	2846
standards, the early childhood education program shall propose and	2847
implement a corrective action plan that has been approved by the	2848
Department. The approved corrective action plan shall be signed by	2849
the chief executive officer and the executive of the official	2850
governing body of the provider. The corrective action plan shall	2851
include a schedule for monitoring by the Department. Such	2852
monitoring may include monthly reports, inspections, a timeline	2853
for correction of deficiencies, and technical assistance to be	2854
provided by the Department or obtained by the early childhood	2855
education program. The Department may withhold funding pending	2856
corrective action. If an early childhood education program fails	2857
to satisfactorily complete a corrective action plan, the	2858
Department may deny expansion funding to the program or withdraw	2859
all or part of the funding to the program and establish a new	2860
eligible provider through a selection process established by the	2861
Department.	2862

(H)(1) If the early childhood education program is licensed	2863
by the Department of Education and is not highly rated, as	2864
determined by the Director of Job and Family Services, under the	2865
tiered quality rating and improvement system described in section	2866
5104.30 of the Revised Code, the program shall do all of the	2867
following:	2868

(a) Meet teacher qualification requirements prescribed by	2869
section 3301.311 of the Revised Code;	2870

(b) Align curriculum to the early learning content standards	2871
developed by the Department;	2872

(c) Meet any child or program assessment requirements	2873
prescribed by the Department;	2874

(d) Require teachers, except teachers enrolled and working to	2875
obtain a degree pursuant to section 3301.311 of the Revised Code,	2876
to attend a minimum of twenty hours every two years of	2877
professional development as prescribed by the Department;	2878

(e) Document and report child progress as prescribed by the	2879
Department;	2880

(f) Meet and report compliance with the early learning	2881
program standards as prescribed by the Department;	2882

(g) Participate in the tiered quality rating and improvement	2883
system developed under section 5104.30 of the Revised Code.	2884
Effective July 1, 2016, all programs shall be rated through the	2885
system.	2886

(2) If the program is highly rated, as determined by the	2887
Director of Job and Family Services, under the tiered quality	2888
rating and improvement system developed under section 5104.30 of	2889
the Revised Code, the program shall comply with the requirements	2890
of that system.	2891

(I) Per-pupil funding for programs subject to this section	2892
shall be sufficient to provide eligible children with services for	2893
a standard early childhood schedule which shall be defined in this	2894
section as a minimum of twelve and one-half hours per school week	2895
as defined in section 3313.62 of the Revised Code for the minimum	2896
school year as defined in sections 3313.48, 3313.481, and 3313.482	2897
of the Revised Code. Nothing in this section shall be construed to	2898
prohibit program providers from utilizing other funds to serve	2899
eligible children in programs that exceed the twelve and one-half	2900
hours per week or that exceed the minimum school year. For any	2901
provider for which a standard early childhood education schedule	2902
creates a hardship or for which the provider shows evidence that	2903
the provider is working in collaboration with a preschool special	2904
education program, the provider may submit a waiver to the	2905
Department requesting an alternate schedule. If the Department	2906
approves a waiver for an alternate schedule that provides services	2907
for less time than the standard early childhood education	2908
schedule, the Department may reduce the provider's annual	2909
allocation proportionately. Under no circumstances shall an annual	2910
allocation be increased because of the approval of an alternate	2911
schedule.	2912

(J) Each provider shall develop a sliding fee scale based on	2913
family incomes and shall charge families who earn more than two	2914
hundred per cent of the federal poverty guidelines, as defined in	2915
division (A)(3) of section 5101.46 of the Revised Code, for the	2916
early childhood education program.	2917

The Department shall conduct an annual survey of each	2918
provider to determine whether the provider charges families	2919
tuition or fees, the amount families are charged relative to	2920
family income levels, and the number of families and students	2921
charged tuition and fees for the early childhood program.	2922

(K) If an early childhood education program voluntarily	2923
waives its right for funding, or has its funding eliminated for	2924
not meeting financial standards or the early learning program	2925
standards, the provider shall transfer control of title to	2926
property, equipment, and remaining supplies obtained through the	2927
program to providers designated by the Department and return any	2928
unexpended funds to the Department along with any reports	2929
prescribed by the Department. The funding made available from a	2930
program that waives its right for funding or has its funding	2931
eliminated or reduced may be used by the Department for new grant	2932
awards or expansion grants. The Department may award new grants or	2933
expansion grants to eligible providers who apply. The eligible	2934
providers who apply must do so in accordance with the selection	2935
process established by the Department.	2936

(L) Eligible expenditures for the Early Childhood Education	2937
Program shall be claimed each fiscal year to help meet the state's	2938
TANF maintenance of effort requirement. The Superintendent of	2939
Public Instruction and the Director of Job and Family Services	2940
shall enter into an interagency agreement to carry out the	2941
requirements under this division, which shall include developing	2942
reporting guidelines for these expenditures.	2943

(M) The Early Childhood Advisory Council established under	2944
section 3301.90 of the Revised Code shall provide, by October 1,	2945
2013, recommendations including, but not limited to, the	2946
administration, implementation, and distribution of funding for an	2947
early childhood voucher program, to the Superintendent of Public	2948
Instruction, the Governor's Office of 21st Century Education, the	2949
Speaker of the House of Representatives, the President of the	2950
Senate, and the chairpersons of the standing committees of the	2951
House of Representatives and the Senate that deal primarily with	2952
issues of education. Decisions on the implementation of the	2953
voucher program shall be made by the Governor's Office of 21st	2954
Century Education with recommendations from the State	2955
Superintendent of Public Instruction and the Early Childhood	2956
Advisory Council.	2957

Section 4.  That existing Section 263.20 of Am. Sub. H.B. 59	2958
of the 130th General Assembly, as amended by Am. Sub. H.B. 487 of	2959
the 130th General Assembly, is hereby repealed.	2960

Section 5. That Section 263.320 of Am. Sub. H.B. 59 of the	2961
130th General Assembly, as amended by Am. Sub. H.B. 483 of the	2962
130th General Assembly, be amended to read as follows:	2963

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

2964

Appropriation item 200612, Foundation Funding (Fund 7017),	2965
shall be used in conjunction with appropriation item 200550,	2966
Foundation Funding (GRF), to provide state foundation payments to	2967
school districts.	2968

The Department of Education, with the approval of the	2969
Director of Budget and Management, shall determine the monthly	2970
distribution schedules of appropriation item 200550, Foundation	2971
Funding (GRF), and appropriation item 200612, Foundation Funding	2972
(Fund 7017). If adjustments to the monthly distribution schedule	2973
are necessary, the Department of Education shall make such	2974
adjustments with the approval of the Director of Budget and	2975
Management.	2976

CAREER ADVISING AND MENTORING PROGRAM

2977

The foregoing appropriation item 200629, Career Advising and	2978
Mentoring, shall be used by the State Superintendent of Public	2979
Instruction to create the Career Advising and Mentoring Grant	2980
Program. The Superintendent shall develop guidelines for the	2981
grants. The program shall award competitive matching grants to	2982
provide funding for local networks of volunteers and organizations	2983
to sponsor career advising and mentoring for students in eligible	2984
school districts. Each grant award shall match up to three times	2985
the funds allocated to the project by the local network. Eligible	2986
school districts are those with a high percentage of students in	2987
poverty, a high number of students not graduating on time, and	2988
other criteria as determined by the State Superintendent. Eligible	2989
school districts shall partner with members of the business	2990
community, civic organizations, or the faith-based community to	2991
provide sustainable career advising and mentoring services.	2992

An amount equal to the unexpended, unencumbered portion of	2993
the foregoing appropriation item 200629, Career Advising and	2994
Mentoring Program, at the end of fiscal year 2015 is hereby	2995
reappropriated to the Department of Education for the same purpose	2996
for fiscal year 2016.	2997

STRAIGHT A FUND

2998

Of the foregoing appropriation item 200648, Straight A Fund,	2999
up to $70,000 in each fiscal year shall be used by Kids Unlimited	3000
of Toledo for quality after-school tutoring and mentoring programs	3001
in two elementary school buildings in Lucas County. The school	3002
buildings may include any community school, chartered nonpublic	3003
school, or building that is part of a city, local, or exempted	3004
village school district. Kids Unlimited of Toledo shall provide	3005
local matching funds equal to the set-aside.	3006

Of the foregoing appropriation item 200648, Straight A Fund,	3007
up to $250,000 in each fiscal year may be used to make competitive	3008
grants in accordance with Section 263.324 of this act.	3009

Of the foregoing appropriation item 200648, Straight A Fund,	3010
up to $6,000,000 in fiscal year 2014 shall be distributed to the	3011
Cleveland Municipal School District to be used, as determined by	3012
the Department of Education, to implement provisions of Am. Sub.	3013
H.B. 525 of the 129th General Assembly.	3014

Of the foregoing appropriation item 200648, Straight A Fund,	3015
up to $5,000,000 in each fiscal year shall be provided to school	3016
districts that meet the conditions prescribed in division (G)(3)	3017
of section 3317.0212 of the Revised Code to support innovations	3018
that improve the efficiency of pupil transportation. This may	3019
include, but is not limited to, the purchase of buses and other	3020
equipment. The Department of Education shall distribute these	3021
funds to districts based on each district's qualifying ridership	3022
as reported under division (B) of section 3317.0212 of the Revised	3023
Code.	3024

The remainder of appropriation item 200648, Straight A Fund,	3025
shall be used to make competitive grants in accordance with	3026
Section 263.325 of this act.	3027

EDCHOICE EXPANSION

3028

The foregoing appropriation item 200666, EdChoice Expansion,	3029
shall be used as follows:	3030

(A) In fiscal year 2014, notwithstanding section 3310.032 of	3031
the Revised Code, the Department of Education shall administer an	3032
expansion of the Educational Choice Scholarship program as	3033
follows:	3034

(1) A student is an "eligible student" for purposes of the	3035
expansion of the Educational Choice Scholarship Pilot Program	3036
under division (A) of this section if the student's resident	3037
district is not a school district in which the pilot project	3038
scholarship program is operating under sections 3313.974 to	3039
3313.979 of the Revised Code and the student's family income is at	3040
or below two hundred per cent of the federal poverty guidelines,	3041
as defined in section 5101.46 of the Revised Code.	3042

(2) The Department shall pay scholarships to attend chartered	3043
nonpublic schools in accordance with section 3310.08 of the	3044
Revised Code. The number of scholarships awarded under division	3045
(A) of this section shall not exceed the number that can be funded	3046
with appropriations made by the general assembly for this purpose.	3047

(3) Scholarships under division (A) of this section shall be	3048
awarded for the 2013-2014 school year, to eligible students who	3049
are entering kindergarten in that school year for the first time.	3050

(4) If the number of eligible students who apply for a	3051
scholarship exceeds the scholarships available based on the	3052
appropriation for division (A) of this section, the department	3053
shall award scholarships in the following order of priority:	3054

(a) First, to eligible students with family incomes at or	3055
below one hundred per cent of the federal poverty guidelines.	3056

(b) Second, to other eligible students who qualify under	3057
division (A) of this section. If the number of students described	3058
in division (A)(4)(b) of this section exceeds the number of	3059
available scholarships after awards are made under division	3060
(A)(4)(a) of this section, the department shall select students	3061
described in division (A)(4)(b) of this section by lot to receive	3062
any remaining scholarships.	3063

(5) A student who receives a scholarship under division (A)	3064
of this section remains an eligible student and may continue to	3065
receive scholarships under section 3310.032 of the Revised Code in	3066
subsequent school years until the student completes grade twelve,	3067
so long as the student satisfies the conditions specified in	3068
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	3069

Once a scholarship is awarded under this section, the student	3070
shall remain eligible for that scholarship for the current and	3071
subsequent school years, even if the student's family income rises	3072
above the amount specified in division (A) of section 3310.032 of	3073
the Revised Code, provided the student remains enrolled in a	3074
chartered nonpublic school.	3075

(B) In fiscal year 2015, to provide for the scholarships	3076
awarded under the expansion of the educational choice program	3077
established under section 3310.032 of the Revised Code. The number	3078
of scholarships awarded under the expansion of the educational	3079
choice program shall not exceed the number that can be funded with	3080
the appropriations made by the General Assembly for this purpose.	3081

COMMUNITY SCHOOL FACILITIES

3082

The foregoing appropriation item 200684, Community School	3083
Facilities, shall be used to pay each community school established	3084
under Chapter 3314. of the Revised Code that is not an internet-	3085
or computer-based community school and each STEM school	3086
established under Chapter 3326. of the Revised Code an amount	3087
equal to $100 for each full-time equivalent pupil for assistance	3088
with the cost associated with facilities. If the amount	3089
appropriated is not sufficient, the Department of Education shall	3090
prorate the amounts so that the aggregate amount appropriated is	3091
not exceeded.	3092

Section 6. That existing Section 263.320 of Am. Sub. H.B. 59	3093
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of	3094
the 130th General Assembly, is hereby repealed.	3095

Section 7. That Section 9 of Am. Sub. H.B. 487 of the 130th	3096
General Assembly be amended to read as follows:	3097

Sec. 9. (A) For the 2014-2015 school year, each school	3098
district, community school established under Chapter 3314., or	3099
STEM school established under Chapter 3326. of the Revised Code	3100
shall administer to third grade students, for purposes of section	3101
3313.608 of the Revised Code, the English language arts assessment	3102
required under division (A)(1)(a) of section 3301.0710 of the	3103
Revised Code to third grade students for purposes of section	3104
3313.608 of the Revised Code as follows:	3105

(1) For the fall administration of the assessment, each	3106
district or school shall administer the English language arts	3107
assessment for third graders that the school administered for the	3108
previous year under that section 3301.0710 of the Revised Code.	3109

(2) For the spring administration of the assessment to any	3110
student who fails to attain at least the score range prescribed by	3111
division (A)(3) of section 3301.0710 of the Revised Code, each	3112
district or school shall administer the English language arts	3113
assessment for third graders that the school administered for the	3114
previous year under section 3301.0710 of the Revised Code.	3115

(3) For the spring administration of the assessment to any	3116
student who has attained at least the score range prescribed by	3117
division (A)(3) of section 3301.0710 of the Revised Code, each	3118
district or school shall administer the English language arts	3119
assessment developed by the Partnership for Assessment of	3120
Readiness for College and Careers (PARCC).	3121

(B) TheFor the 2014-2015 school year, the Department shall	3122
use the assessments described in divisionsdivision (A)(1) and	3123
(2) of this section to calculate a district's or school's grades	3124
on the state report card prescribed by section 3302.03 of the	3125
Revised Code.	3126

A school district or building shall be considered to have met	3127
the performance indicator for the third-grade English language	3128
arts assessment described in division (A) of this section, if at	3129
least eighty per cent of the tested students attain a score of	3130
proficient or higher on the assessment.	3131

Section 8. That existing Section 9 of Am. Sub. H.B. 487 of	3132
the 130th General Assembly is hereby repealed.	3133

Section 9. Notwithstanding division (G)(2) of section	3134
3301.0711 of the Revised Code, for the 2014-2015 school year only,	3135
the Department of Education or an entity with which the Department	3136
contracts for the scoring of the assessments prescribed by	3137
divisions (A)(1) and (B)(1) and (2) of section 3301.0710 of the	3138
Revised Code shall send to each school district board a list of	3139
the individual scores of all persons taking such an assessment for	3140
that school year not later than December 31, 2015.	3141

Section 10. For the 2014-2015 school year, for the state	3142
report card prescribed by section 3302.03 of the Revised Code,	3143
notwithstanding anything to the contrary in the Revised Code, the	3144
Department of Education shall calculate the performance index	3145
score and the performance indicators met report card measures	3146
based on the following assessments as follows:	3147

(A) For students enrolled in any of grades nine through	3148
twelve, the scores from the assessments administered under	3149
division (B)(1) of section 3301.0710 of the Revised Code.	3150

Any scores from assessments under division (B)(2) of section	3151
3301.0712 of the Revised Code taken by students in any of grades	3152
nine through twelve shall be reported only and shall not be	3153
included in the calculation of a letter grade for a school	3154
district or building's performance index or performance indicator	3155
score.	3156

(B) For students enrolled in grade eight or below, the scores	3157
from the assessments administered under division (B)(2) of section	3158
3301.0712 of the Revised Code.	3159

Section 11.  (A)(1) For the 2014-2015 school year, if a	3160
student is enrolled in an appropriate course under either of the	3161
dual enrollment programs described in former divisions (A)(1) or	3162
(4) of section 3313.6013 of the Revised Code, as it existed prior	3163
to September 17, 2014, in the area of physical science or biology,	3164
American history, or American government, that student shall not	3165
be required to take the physical science or biology, American	3166
history, or American government end-of-course examination,	3167
whichever is applicable, prescribed under division (B)(2) of	3168
section 3301.0712 of the Revised Code. Instead, that student's	3169
final course grade shall be used in lieu of the applicable	3170
end-of-course examination prescribed under that section.	3171

(2) For the 2014-2015 school year, if a student is enrolled	3172
in an appropriate course under the dual enrollment program	3173
described in former division (A)(3) of section 3313.6013 of the	3174
Revised Code, as it existed prior to September 17, 2014, in the	3175
area of physical science or biology, American history, or American	3176
government, that student shall either:	3177

(a) Take the applicable examination under that dual	3178
enrollment program in lieu of the physical science or biology,	3179
American history, or American government end-of-course	3180
examination, whichever is applicable, prescribed under division	3181
(B)(2) of section 3301.0712 of the Revised Code;	3182

(b) Not be required to take the physical science or biology,	3183
American history, or American government end-of-course	3184
examination, whichever is applicable, prescribed under division	3185
(B)(2) of section 3301.0712 of the Revised Code. Instead, that	3186
student's final course grade shall be used in lieu of the	3187
applicable end-of-course examination prescribed under that	3188
section.	3189

Divisions (A)(1) and (A)(2)(b) of this section shall apply	3190
only to courses for which students receive transcripted credit, as	3191
defined in division (U) of section 3365.01 of the Revised Code.	3192
Neither division shall apply to remedial or developmental courses.	3193

(B) For purposes of this section:

3194

(1) The State Board of Education shall specify the score	3195
levels for each examination required under this section for	3196
purposes of calculating the minimum cumulative performance score	3197
that demonstrates the level of academic achievement necessary to	3198
earn a high school diploma.	3199

(2) The Superintendent of Public Instruction and the	3200
Chancellor of the Ohio Board of Regents jointly shall adopt	3201
guidelines for purposes of calculating the minimum final course	3202
grade that demonstrates the level of academic achievement	3203
necessary to earn a high school diploma.	3204

Section 12.  Notwithstanding section 3302.03 of the Revised	3205
Code, the Department of Education shall issue grades as described	3206
in division (E) of section 3302.03 of the Revised Code for each of	3207
the performance measures prescribed in division (C)(1) of that	3208
section for the 2014-2015 school year not later than January 15,	3209
2016.	3210

Section 13.  Notwithstanding anything to the contrary in	3211
section 3302.035 of the Revised Code, the Department of Education	3212
shall issue the reports required under that section on the	3213
performance measures for a school district's or school's students	3214
with disabilities subgroup, using data from the 2014-2015 school	3215
year, not later than January 15, 2016.	3216

For each school year thereafter, the Department shall issue	3217
those reports on the first day of October as required under that	3218
section.	3219

Section 14.  Not later than November 1, 2015, the State Board	3220
of Education shall make a recommendation on whether or not to	3221
extend by one year the safe harbor provisions prescribed by	3222
section 3302.036 of the Revised Code and Section 13 of Am. Sub.	3223
H.B. 487 of the 130th General Assembly.	3224

Section 15.  Notwithstanding section 3302.21 of the Revised	3225
Code, for the 2014-2015 school year only, the Department of	3226
Education shall not rank school districts, community schools, and	3227
STEM schools according to the performance measures prescribed in	3228
divisions (A)(1), (2), and (5) of that section. However, the	3229
Department shall rank districts and schools according to the	3230
measures prescribed in divisions (A)(3) and (4) of that section	3231
for the 2014-2015 school year not later than January 15, 2016."	3232

Section 16. Notwithstanding section 3302.22 of the Revised	3233
Code, the State Board of Education may adopt a resolution excusing	3234
the Department of Education from determining the top ten per cent	3235
of schools for the Governor's Effective and Efficient Schools	3236
Recognition Program under section 3302.22 of the Revised Code for	3237
the 2014-2015 school year.	3238