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Sub. H. B. No. 196As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Husted, Clancy, Peterson, Raga, DeWine, Goodman, DePiero, G. Smith, Ogg, Jerse, White, Schaffer, Willamowski, Schmidt, Gilb, Setzer, Webster, Barrett, Williams, Key, Faber, Allen, Woodard, Calvert, Grendell, Flowers, Buehrer, Reidelbach, Lendrum, Hagan, Womer Benjamin, Schneider, Niehaus, Aslanides, Coates, Blasdel, Collier, Latta, Seitz, Widowfield
SENATORS Robert Gardner, Mumper, Amstutz, Goodman, Harris, Jacobson, Jordan, Wachtmann, White
A BILL
To amend sections 149.43, 3301.0714, 3313.533,
3313.614, 3319.22, 3319.26, 3319.31, and
3319.51
and to enact sections 3319.227 and 3319.302
of the
Revised
Code and to amend Sections 44.16 and 192 of
Am. Sub. H.B. 94 of the 124th General Assembly and
to amend Section 11 of Am. Sub. S.B. 1 of the 124th
General Assembly to permit school districts that
establish
certain alternative schools to contract
with
nonprofit or for profit entities to operate
those
schools, to
provide additional standards
for
alternative
schools operated by nonprofit or
for
profit
entities, to eliminate the requirement that
educator licensing rules are subject to the
approval of the General Assembly through a
concurrent resolution, to require the State Board
of Education to
issue a
one-year conditional
teaching
permit for
individuals intending to
seek
an alternative
educator
license, to establish
a
three-year period for the issuance of one-year
conditional
teaching permits in the area of
intervention specialist, to permit an individual
holding
an educator license or certificate to teach
in an
area or grade level different from the
individual's
licensed or certificated area or grade
level for
two years under certain conditions, to
permit
personally identifiable information about a
student to be reported
to a third party for
purposes of assigning a data verification
code, to
allow the Department of Education to administer the
High Schools That Work Program, to change the
set-aside for tech prep consortia, to specify the
curriculum requirement for a diploma, to change
from December 31, 2001, to December 31, 2002, the
date by which the Instructional Subsidy and
Challenge Review Committee must submit its report
to the General Assembly, to require
the Governor's
Commission on Successful Teachers to recommend
alternative pathways for obtaining educator
licenses, and to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 3301.0714, 3313.533,
3313.614, 3319.22, 3319.26, 3319.31, and
3319.51 be amended and
sections 3319.227 and 3319.302 of the
Revised
Code be
enacted to
read as follows:
Sec. 149.43. (A) As used in this section: (1) "Public record" means
any record that is
records kept by
any
public office, including, but not limited to, state, county,
city, village, township, and school district units,
except
that
"public
and records pertaining to the delivery of educational
services by an alternative
school in Ohio kept by a nonprofit or
for profit entity operating such
alternative school pursuant to
section 3313.533 of the Revised
Code. "Public record" does not
mean any of the following: (b) Records pertaining to probation and parole proceedings; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer residential and familial information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer residential and familial information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer that
discloses any of the following: (i) The address of the actual personal residence of a peace
officer, except for the state or political subdivision in which
the peace
officer resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer by
the peace officer's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's employer from the
peace
officer's compensation unless the amount of the deduction is
required by state
or federal law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer. (b) Any record that identifies a person's occupation as a
peace
officer other than statements required to include the
disclosure of that fact
under the campaign
finance law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer shall disclose
to the
journalist the address of the actual personal residence of the
peace
officer and, if the peace officer's spouse, former spouse,
or
child is employed by a public office, the name and address of
the
employer of the peace officer's spouse, former spouse, or
child.
The request shall include the journalist's name and title
and the
name and address of the journalist's employer and shall
state
that disclosure of the information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include: (1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section; (2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section; (3) Procedures for annually compiling the data in
accordance
with division (G) of this section; (4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section. (B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following: (1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes: (a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section. (b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section. (c) Average student grades in each subject in grades nine
through twelve; (d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code; (e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code; (f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code; (g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration. (j) The percentage of students receiving corporal
punishment; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government. (b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs. (C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following: (1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code. (2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building. (3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher; (b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category; (c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category. (4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract; (b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer; (c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category. (D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of any personally identifiable
information
about any
student, including a student's
name or
address, to the state board of
education or the
department of
education
or. The guidelines shall also prohibit the reporting
under this section of any personally identifiable information
about any student, except for the purpose of assigning the data
verification code required by division (D)(2) of this section, to
any
other person
unless such person
is employed by
the school
district or the data
acquisition site
operated under section
3301.075 of the Revised Code
and is authorized
by the district or
acquisition
site to have
access to such
information. The
guidelines may
require school
districts to
provide the social
security numbers
of individual
staff members. (2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section. Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but at no
time shall
anyone other
than an employee of the school district or
community school in which the
student is enrolled
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data. Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls and shall remove all
references to the code in any
records retained in the district or school that
pertain to any
student no longer enrolled. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. (E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section. (F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code. (G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall: (1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district; (2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(e) of this section so that
the
academic achievement levels of students who are excused from
taking any such test pursuant to division (C)(1) of section
3301.0711 of the Revised Code are distinguished from the academic
achievement levels of students who are not so excused. (H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district. (2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education. (3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available. (I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code. (J) As used in this section: (1) "School district" means any city, local, exempted
village, or joint vocational school district. (2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code. (K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data. (L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files: (1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system; (2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system; (3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system. Any report made under this division shall include
recommendations
for corrective action by the school district. Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within ninety days of the date
upon which the
report was made by the department. (M) The department of education, after consultation
with the
Ohio education computer network, may provide at
no cost to school
districts uniform computer software for use in
reporting data to
the education management information system,
provided that no
school district shall be required to utilize
such software to
report data to the education management
information system if such
district is so reporting data in an
accurate, complete, and timely
manner in a format compatible
with that required by the education
management information
system. (N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system. (O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code. (Q) If the department cannot compile any of the information
required by division (D)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be limited to, all of the
following: (1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, or who are exhibiting other academic
or behavioral problems
specified in the resolution; (2) The grades served by the school,
which may include any
of grades kindergarten through twelve; (3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following: (a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school; (b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school back to the
regular education program of the district; (c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of the evaluation to the
public. (B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following: (1) A requirement that on each school day students must
attend school or
participate in other
programs specified in the
plan or by the chief administrative officer of the
school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time
required in the
plan or by the chief
administrative officer; (2) Restrictions on student participation in
extracurricular
or interscholastic activities; (3) A requirement that students wear uniforms prescribed by
the
district board of education. (C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities. (D) An alternative school may be
established in all or part
of a school building. (E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district. (G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district.
(1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following:
(a) A description of the educational program provided at
the alternative school, which shall include:
(i) Provisions for the school to be configured in clusters
or small learning communities;
(ii) Provisions for the incorporation of education
technology into the curriculum;
(iii) Provisions for accelerated learning programs in
reading and mathematics.
(b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code.
(c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs;
(d) A plan for a student's transition from the alternative
school back to a school operated by the school district;
(e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state.
(2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve.
(3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students. (H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division. (1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information: (a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed; (c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined;
(d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed; (e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond; (f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties. (2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following:
(a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school; (b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board; (c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school; (d) Financial responsibility. (3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract. The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice. (4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract. (5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract. (6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code. (I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.614. (A) As used in this section, a person
"fulfills the curriculum requirement for a diploma" at the time
one of the following conditions is satisfied: (1) The person successfully completes the high school
curriculum of a school district, a community school, a chartered
nonpublic school, or a correctional institution. (2) The person successfully completes the individualized
education program developed for the person under section 3323.08
of the Revised Code. (3) A board of education issues its determination under
section 3313.611 of the Revised Code that the person qualifies as
having successfully completed the curriculum required by the
district.
(B) This division specifies the testing requirements that
must be fulfilled as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
(1) A person who fulfills the curriculum requirement for a
diploma before September 15, 2000, is not required to pass any
proficiency test or achievement test in science as a condition to
receiving a diploma. (2) Except as provided in division (B)(3) of this section,
a
person who fulfills the curriculum requirement for a diploma
prior
to September 15, 2006, is not required to pass the Ohio
graduation
test in any subject as a condition to receiving
a
diploma once the
person has passed the ninth grade proficiency
test in the same
subject, so long as the person passed the ninth
grade proficiency
test prior to September 15, 2008. For this
purpose, the ninth
grade proficiency test in citizenship
substitutes for the Ohio
graduation test in social
studies. If a
person fulfills the
curriculum requirement for a
diploma prior to
September 15, 2006,
but does not pass a ninth
grade proficiency
test in a particular
subject before September
15, 2008, and
passage of a test in that
subject is a condition for
the person to
receive a diploma, the
person must pass the Ohio graduation test
in that subject to
receive a diploma. (3) A person who begins tenth grade after July 1, 2004,
in a
school district, community school, or chartered nonpublic
school
is not eligible to receive a diploma based on passage of
ninth
grade proficiency tests. Each such person must pass Ohio
graduation tests to meet the testing requirements
applicable to
that person as a condition to receiving a diploma. (C)
This division specifies the curriculum requirement that
shall be completed as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
(1) A person who is under twenty-two years of age when the
person fulfills the curriculum requirement for a diploma shall
complete the curriculum required by the school district or school
issuing the diploma for the first year that the
person originally
enrolled in high school.
(2) Once a person fulfills the curriculum requirement for a
diploma, the person is never required, as a condition of receiving
a diploma, to meet any different curriculum requirements that take
effect pending the person's passage of proficiency or achievement
tests, including changes mandated by section 3313.603 of the
Revised Code, the state board, a school district board of
education, or a governing authority of a community school or
chartered nonpublic school.
Sec. 3319.22. (A) The state board of education shall adopt
rules
establishing the standards and requirements for obtaining
temporary,
associate, provisional, and professional educator
licenses of any categories,
types, and levels the board elects to
provide. However, no educator license
shall be required for
teaching children two years old or younger. (B) Any rules the state board of education adopts, amends,
or rescinds for
educator licenses under this section, division (D)
of section 3301.07 of the
Revised Code, or any other law shall be
adopted, amended, or rescinded under
Chapter 119. of the Revised
Code
except as follows: (1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, the
effective date of any rules, or
amendment or rescission of any
rules, shall not be as prescribed in division
(D) of section
119.03 and division (A)(1) of section 119.04 of the
Revised Code.
Instead, the
rules or amendment or rescission
of the rules shall
take effect
only after the rules or amendment or rescission of the
rules are filed with
the chairpersons of the committees of the
house of representatives and of the
senate that are primarily
responsible for consideration of education
legislation and only
after approval by the general assembly through adoption
of a
concurrent resolution by a majority of the members of both the
house of
representatives and the senate. The effective date
of
the rules shall be
the
later of the date on which the concurrent
resolution is adopted by the second
house or the date prescribed
by section 3319.23 of the Revised Code. (2) Notwithstanding the authority to adopt, amend, or
rescind emergency
rules in division (F) of section 119.03 of the
Revised Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses. (C)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The rules
shall establish a procedure
by which a teacher may appeal the decision of a
local professional
development committee. (2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (C)(2) of
this section. Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated. Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected. Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet. (3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees. If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members. If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (C)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements. (4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan. (D)(1) The department of education, educational service
centers,
county boards of mental retardation and developmental
disabilities, regional professional development centers, special
education regional resource centers, college and university
departments of education, head start programs, the Ohio SchoolNet
commission, and the Ohio education computer network may establish
local professional development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under this section or section
3319.222 of the Revised
Code meet the requirements of the
rules adopted under this
section. They may establish local professional
development
committees on their own or in
collaboration with a school district
or other agency having authority to
establish them.
Local professional development committees established by
county
boards of mental retardation and developmental disabilities
shall be
structured in a manner comparable to the structures
prescribed for
school districts in divisions (C)(2) and (3) of
this section, as
shall the committees established by any other
entity specified in
division (D)(1) of this section that provides
educational
services by employing or contracting for services of
classroom teachers
licensed or
certificated under this section or
section 3319.222 of the Revised
Code. All other entities
specified in division (D)(1) of this
section shall structure their
committees in accordance with guidelines
which shall be issued by
the state board. (2) Any public agency that is not specified in division
(D)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code may establish a local professional development
committee,
subject to the approval of the department of education.
The committee shall
be structured in
accordance with guidelines
issued by the state board.
Sec. 3319.227. Notwithstanding any provision to the
contrary
in this chapter or in any educator licensing rule adopted
by the
state board of education under authority granted under this
chapter, any individual who holds an educator license issued under
section 3319.22 of the Revised Code or a teacher's certificate
issued under former section 3319.22 of the Revised Code that has
continuing effect under section 3319.222 of the Revised Code may
be employed to teach for up to two school years in a grade level
or in a subject or teaching
area for which the individual's
license or certificate is not
valid, as long as the individual
agrees
that during that time the individual will enroll in,
attend, and
complete coursework required by rule of the state
board for
licensure to teach in that grade level or in that
subject or
teaching area. The necessary coursework may be
completed through
classes developed and offered by regional
professional development
providers, such as special education
regional resource centers,
regional professional development
centers, educational service
centers, local education agencies,
professional organizations, and
institutions of higher education,
provided the coursework is taken
for credit in collaboration with
a college or university that has
a teacher education program
approved by the state board. No
person shall teach in a grade
level or subject or teaching area
under this section beyond two
years until the person has completed
all coursework and tests
prescribed by the state board for
licensure in that grade level or
subject or teaching area.
Sec. 3319.26. The state board of education shall adopt
rules
establishing the standards and requirements for obtaining an
alternative
educator license for teaching in
grades seven to
twelve, or the equivalent, in
a designated
subject area.
However,
an alternative educator license in the area of
intervention
specialist, as defined by rule of the state board,
shall be valid
for teaching in grades kindergarten to twelve. The rules shall
require applicants for the
license
to hold
a minimum of a
baccalaureate degree,
to have
successfully
completed three
semester hours or the
equivalent of
college
coursework in the
developmental characteristics of
adolescent
youths
and three
semester hours or
the equivalent in teaching
methods, and to have
passed an
examination in the subject area for
which
application is
being
made. An alternative educator license
shall be valid for
two
years and shall not be renewable. The rules shall require the holder of an alternative educator
license, as
a condition of continuing to hold the license, to show
satisfactory progress
in taking and successfully completing within
two years at least twelve
additional semester hours, or the
equivalent, of college coursework in the
principles and practices
of teaching in such topics as student development and
learning,
pupil assessment procedures, curriculum development, classroom
management, and teaching methodology. The rules shall provide for the granting of a provisional
educator
license to a holder of an alternative educator license
upon successfully
completing all of the following: (A) Two years of teaching under the alternative license; (B) The twelve semester hours, or the
equivalent, of the
additional college coursework described in this
section; (C) The assessment of subject matter
content and
professional knowledge that is required of other applicants for a
provisional educator license. The standards for successfully
completing this
assessment and the manner of conducting the
assessment shall be the same as
for any other applicant for a
provisional educator license.
Sec. 3319.302. It is the intent of the general assembly that
the state board of education shall administer this section without
adopting any rules for its implementation. Unless the provisions of division (B) or (C) of section
3319.31 of the Revised Code apply to an applicant, the state board
of education shall issue
a one-year
conditional teaching permit
for teaching in grades seven to twelve
to
any applicant
who meets
the following conditions:
(A) Holds a bachelor's degree; (B) Has successfully completed a basic skills test as
prescribed
by the state board; (C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the teaching area or subject area
in which licensure under this section is sought; (D) Has completed the equivalent of a total of six semester
hours
of additional coursework within the past five years with a
grade point average of at least 2.5 out of 4.0, or its equivalent,
in the areas of the teaching or
subject area described in
division (C) of this section,
characteristics of
student learning,
diversity of learners,
planning for instruction,
instruction
strategies, learning
environments, communication,
assessment, or
student support and that coursework has been approved by the
school district, community school, chartered nonpublic school, or
nonprofit or for-profit entity operating an alternative school
under section 3313.533 of the Revised Code that will employ the
applicant. The
coursework may have been
completed
through classes
developed and
offered by regional
professional development
providers, such as
special education
regional resource centers,
regional professional
development
centers, educational service
centers, local
educational agencies,
professional organizations,
and institutions
of higher education,
provided the coursework is
taken
for credit
in collaboration with a
college or university
that has
a teacher
education program
approved by the state board. (E) The applicant has entered into a written agreement with
the school district; community school; chartered nonpublic school;
or nonprofit or
for profit
entity operating an alternative school
under section
3313.533 of
the Revised Code that will employ the
applicant and
the department
of
education under which the
district, school, or entity will
provide
for the applicant a
structured
mentoring program in
the
areas
listed in division (D)
of this
section that is aligned
with
the
performance expectations
prescribed by state board rule
for
entry-year teachers. (F) The applicant agrees to complete while employed under
the one-year teaching permit the equivalent of an additional
three
semester hours of coursework in the teaching area or subject area
in which
the
individual is teaching and for which the individual
will seek
an
alternative educator license pursuant to division (G)
of this
section. The individual's mentor prescribed in division
(E) of
this section shall assist the individual in selecting
coursework
to satisfy the requirement prescribed in this division.
The
coursework may be completed through classes offered by
regional
professional development providers, such as special
education
regional resource centers, regional professional
development
centers, educational service centers, local
educational agencies,
professional organizations, and institutions
of higher education,
if the coursework is taken for credit in
collaboration with a
college or university that has a teacher
education program
approved by the state board. (G) The applicant agrees to seek at the conclusion of the
year in which the individual is
employed under the one-year
teaching permit issued under this
section an alternative educator
license
issued under section 3319.26 of the Revised Code in the
teaching area or
subject
area in which the individual has been
teaching and plans
to
continue to teach. The applicant shall not
be reemployed by
the
school district; community school; chartered
nonpublic school; or
nonprofit
or for profit
entity operating an
alternative school
under
section 3313.533 of
the Revised Code or
be employed by
another
such district, school,
or entity unless
that alternative
educator
license is issued to
the applicant prior
to the beginning
of the
next school year. (H) The applicant pays the fee established under section
3319.51 of the Revised Code.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in division (B)
of
section 3301.071 or in section 3301.074,
3319.088,
or 3319.29,
or 3319.302
of the Revised Code. (B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant,
may limit a license it issues to an
applicant, or may suspend,
revoke, or limit a
license that has been issued to any person: (1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position; (2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following: (b) A violation of section 2907.04 or 2907.06 or
division
(A) or (C) of section 2907.07 of the Revised Code; (c) An offense of violence; (d) A theft offense, as defined in section 2913.01 of the
Revised Code; (e) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor; (f) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e) of
this section. (C) The state board may take action under division (B) of
this section on the basis of substantially comparable conduct
occurring in a jurisdiction outside this state or occurring
before
a person applies for or receives any license. (D) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3319.51. (A) The state board of education shall
annually establish the amount of the fees required to be paid
under division (B) of section 3301.071 and sections 3301.074,
3319.088,
and 3319.29, and 3319.302 of the Revised
Code. The
amount of these fees shall be such that they, along
with any
appropriation made to the fund established under
division (B) of
this section, will be sufficient to cover the
annual estimated
cost of administering the sections of law listed
under division
(B) of this section. (B) There is hereby established in the state treasury the
state board of education licensure fund, which shall be used
by
the state board of education solely to pay the cost of
administering sections 3301.071, 3301.074,
3319.088, 3319.22,
3319.28,
3319.29, 3319.291, 3319.301,
3319.302, and 3319.31 of the
Revised Code. The fund shall
consist of the amounts paid into the
fund pursuant
to division (B) of section 3301.071 and sections
3301.074,
3319.088,
and 3319.29, and 3319.302 of the Revised Code
and
any appropriations to the fund by the general assembly.
Section 2. That existing sections 149.43, 3301.0714,
3313.533, 3313.614, 3319.22, 3319.26, 3319.31,
and 3319.51 of the
Revised Code are hereby repealed.
Section 3. That Sections 44.16 and 192 of Am. Sub. H.B. 94 of
the
124th
General Assembly be amended to read as follows: "
Sec. 44.16. CAREER-TECHNICAL EDUCATION ENHANCEMENTS Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,616,001 in
each fiscal year shall
be used to fund career-technical
education units at
institutions.
Up
to
$4,200,000 in fiscal year 2002 and up to $4,182,775 in
fiscal year 2003 shall be used to
fund the Jobs for
Ohio Graduates
(JOG) program. Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to
$4,182,573
$4,157,573 in fiscal year
2002 and
up to
$4,432,573
$4,407,573
in
fiscal year 2003 shall be
used by the
Department of Education to fund
competitive grants to
tech prep
consortia that expand the number of students
enrolled in
tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs, including equipment, provided
to
students enrolled in
school
districts, including joint
vocational
school districts, and
affiliated higher education
institutions. If federal funds for career-technical
education cannot be
used for
local school district leadership without
being matched by
state
funds, then an amount as determined by the
Superintendent of
Public Instruction shall be made
available from
state funds
appropriated for career-technical education. If any state
funds
are
used for this purpose, federal funds in an equal amount
shall
be
distributed for career-technical education in accordance with
authorization of the state plan for vocational education for Ohio
as approved by the Secretary of the United States
Department of
Education. Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements,
$3,000,000 in
fiscal year 2002 and
$3,250,000 in fiscal year 2003 shall be
used to provide
an amount
to each eligible school district for the
replacement or
updating
of equipment essential for the instruction
of students
in job
skills taught as part of a career-technical
program
or programs
approved
for such instruction by the State
Board of
Education.
School
districts replacing or updating
career-technical
education
equipment may
purchase or
lease such
equipment. The
Department of
Education
shall
review and approve
all equipment
requests and may
allot
appropriated funds to
eligible
school
districts on the basis
of
the number of full-time
equivalent
workforce
development
teachers
in all eligible
districts making
application for funds. The State Board of Education may adopt standards
of need for
equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education,
appropriated
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall
be
provided to a school district on a 30, 40, or 50 per cent of
cost
on the basis of a district career-technical priority index rating
developed by the Department of Education for all districts
each
year. The career-technical priority index shall give preference
to
districts with a large percentage of disadvantaged students and
shall include other socio-economic factors as determined by the
State Board of Education. Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,650,000 in each
fiscal year shall
be
awarded by the Superintendent of Public Instruction to an Ohio
nonprofit corporation
used by the Department of Education to
support
existing High Schools That Work
(HSTW) sites,
develop new
sites,
fund technical assistance, and
support regional
centers and
middle
school programs. The purpose
of HSTW is to
combine
challenging
academic courses and modern
vocational and
technical
studies to
raise the academic achievement
of students.
It provides
intensive
technical assistance, focused
staff
development,
targeted
assessment services, and ongoing
communications and
networking
opportunities.
Any grant awarded
under this program by
the Superintendent of Public Instruction
shall require a matching
contribution of at least $1,000,000 from
the Ohio nonprofit
corporation. Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, $3,750,000 in fiscal year 2002 and
$4,000,000 in fiscal year 2003 shall be used for K-12 career
development.
Of the foregoing appropriation item 200-545, Career-Technical
Educational Enhancements, $300,000 in each fiscal year shall be
used by the Department of Education to establish the Voc-Ag 5th
Quarter Pilot Project. The project shall enable students in
agricultural programs to enroll in a fifth quarter of instruction.
The fifth quarter concept is based on the long-standing and
successful agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall establish rules governing
eligibility criteria and the reporting process for the project
that must include the following: (1) a school is required to hire
a certified teacher for the fifth quarter, (2) a school must have
a curriculum for the fifth quarter that is approved by the
Department of Education, (3) students must earn credit for the
agricultural experience, (4) the program must be approved by the
school district's superintendent, and (5) the program must be in
existence on the effective date of this section. The Department
of Education shall fund as many programs as possible given the
$250,000 set aside. The Department of Education shall report
students' performance results under the project to the General
Assembly not later than December 31, 2002.
Sec. 192. There is hereby created the Instructional
Subsidy
and Challenge Review Committee. The Committee shall
contain
eleven members: the Chancellor of the Ohio Board of
Regents
or
the chancellor's designee; two representatives of
two-year
colleges and two representatives of the state
universities
identified in section 3345.011 of the Revised Code,
all four of
whom shall be appointed jointly by the President of
the Senate and
the Speaker of the House of Representatives; three
members of the
Senate appointed by the President of the Senate,
two of whom shall
be members of the majority party and one of whom
shall be a member
of the minority party; and three members of the
House of
Representatives appointed by the Speaker of the House,
two of whom
shall be members of the majority party and one of whom
shall be a
member of the minority party. The Committee shall
perform a
comprehensive review of the allocation formula for the
State Share
of Instruction appropriation item as well as all of
the
"Challenge" appropriation items contained in the Board of
Regents'
budget and shall issue a report containing its
recommendations to
the General Assembly not later than December
31,
2001
2002. Upon
issuance of its report, the Committee shall
cease
to exist."
Section 4. That existing Sections 44.16 and 192 of Am. Sub.
H.B. 94 of
the 124th General Assembly are hereby repealed.
Section 5. That Section 11 of Am. Sub. S.B. 1 of the 124th
General Assembly be amended to read as follows:
"
Sec. 11. (A) There is hereby
established the Governor's
Commission on
Successful Teachers.
The
Commission shall
recommend
policies for the
preparation,
recruiting, hiring, and
retention of
teachers and
shall recommend
pilot programs to
address the
shortage of
teachers, such as paid
internships in
mathematics and
science and
salary bonuses in
hard-to-staff school
districts or
subject areas.
The Commission
shall issue a written
report with
its
recommendations to the
General Assembly not later
than
December
31, 2002. Upon issuance
of its report the
Commission
shall cease
to exist.
The Commission shall consist of the following members:
(1) Nine classroom teachers appointed by the Governor, at
least three of whom are certified by the National Board for
Professional Teaching Standards, at least two of whom are high
school teachers, at least two of whom teach in grades six through
eight, at least two of whom teach in grades kindergarten through
six, and at least one of whom teaches special education; (2) Three school administrators, appointed by the Governor; (3) One person representing higher education, appointed by
the Governor; (4) The Superintendent of Public Instruction or the
Superintendent's designee; (5) The President of the State Board of Education or the
President's designee; (6) The chairperson of the House of Representatives standing
committee primarily responsible for education legislation or the
chairperson's designee; (7) The chairperson of the Senate standing committee
primarily responsible for education legislation or the
chairperson's designee;
(8) Any additional members the Governor wishes to include. (B) In conducting
its work the Commission shall study and
include
recommendations
regarding the following issues: (1) How to develop college and university teacher
preparation programs that ensure that teachers are qualified to
teach the courses in grades kindergarten through twelve that
are
required by law; (2) How to develop and operate incentive programs to
encourage teachers to work in underserved school districts, such
as large urban districts or districts in rural Appalachia, and
underserved subject areas, such as mathematics, science, special
education, and English as a second language; (3) How to best implement professional development
activities for all teachers, particularly how to design such
activities so that teachers understand how to administer and
interpret diagnostic assessments and achievement tests that will
be developed by the State Board of Education under sections
3301.079 and 3301.0710 of the Revised Code, as enacted and
amended, respectively, by this act, and so that teachers
understand how to develop effective intervention tools for
students in need of assistance; (4) How best to implement professional development programs
in terms of the amount of time allotted for such programs
including, but not limited to, the number of days each school
district should devote to the programs or to what extent the
programs should be configured as half-day in-service programs,
two-hour programs, or full-day seminars; (5)
How to provide the most effective regional delivery of
professional development services; (6) How to create building-level mentoring or advisory
programs under which an experienced teacher would assist others in
the
building to increase their effectiveness; (7) How to increase Ohio's participation in certification
activities conducted by the National Board for Professional
Teaching Standards; (8) How to structure alternative pathways to obtaining each
type of educator license issued by the State Board of Education to
encourage individuals interested in teaching to enter the
profession."
Section 6. That existing Section 11 of Am. Sub. S.B. 1 of the
124th General Assembly is hereby repealed.
Section 7. No one-year
conditional teaching permit in the
area of intervention specialist
shall be issued under this section
later than three years after
the effective date of this act.
Unless the provisions of division (B) or (C) of section
3319.31 of the Revised Code apply to an applicant, the State Board
of Education shall issue a one-year conditional teaching permit in
the area of intervention specialist, as defined by rule of the
state board, to any applicant who meets the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed by the State Board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the principles and practices of
teaching exceptional children, including such topics as child and
adolescent development, diagnosis and assessment of children with
disabilities, curriculum design and instruction, applied
behavioral analysis, and how to best teach students from
culturally diverse backgrounds with different learning styles;
(D) The applicant has entered into a written agreement with
the Department of Education and the school district, community
school, or nonprofit or for profit entity operating an alternative
school under section 3313.533 of the Revised Code that will employ
the applicant under which the district, school, or entity will
provide for the applicant a structured mentoring program in the
teaching of exceptional children that is aligned with the
performance expectations prescribed by State Board rule for
entry-year teachers.
(E) The applicant agrees to complete while employed under the
one-year teaching permit the equivalent of an additional three
semester hours of coursework in the content and methods of
teaching reading. The coursework may be completed through classes
offered by regional professional development providers, such as
special education regional resource centers, regional professional
development centers, educational service centers, local
educational agencies, professional organizations, and institutions
of higher education, if the coursework is taken for credit in
collaboration with a college or university that has a teacher
education program approved by the State Board.
(F) The applicant agrees to seek at the conclusion of the
year in which the individual is employed under the one-year
teaching permit issued under this section an alternative educator
license issued under section 3319.26 of the Revised Code in the
area of intervention specialist. The applicant shall not be
reemployed by the school district, community school, or nonprofit
or for profit entity operating an alternative school under section
3313.533 of the Revised Code or be employed by another such
district, school, or entity unless that alternative educator
license is issued to the applicant prior to the beginning of the
next school year. (G) The applicant pays the fee established under section
3319.51 of the Revised Code applicable to one-year conditional
teaching permits issued under section 3319.302 of the Revised
Code. Such fee shall be deposited in the State Board of Education
Licensure Fund in accordance with division (B) of section 3319.51
of the Revised Code.
Section 8. Neither the amendment of
rules 3301-23-44,
3301-24-02, 3301-24-05, 3301-24-08, and
3301-24-09, the enactment
of new rule 3301-24-04, nor the
rescission of existing rule
3301-24-04 of the Administrative Code,
as proposed by the State
Board of Education on July 9, 2001, or
thereafter revised by the
Board, are subject to the requirement of
former division (B)(1) of
section 3319.22 of the Revised Code that
they be approved by the
General Assembly through the passage of a
concurrent resolution
before they may take effect, notwithstanding
that the proposed
amendments, enactment, and rescission were filed
in proposed form
prior to the effective date of this act. The
amendments,
enactment, and rescission may take effect in
accordance with
section 3319.22 of the Revised Code, as amended by
this act, and
section 3319.23 of the Revised Code after they are
filed in final
form under Chapter 119. of the Revised Code.
Section 9. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
giving immediate effect to the provisions of this act will permit
school district boards to take advantage of those provisions that
could increase the number of available persons to fill faculty
vacancies in time for the start of the next school year and, thus,
to help correct the current teacher shortage problem facing many
district boards. Therefore, this act shall go into immediate
effect.
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