SENATORS R. A. Gardner, R. L. Gardner, Harris
A BILL
To amend sections 307.031, 3301.07, 3301.0710,
3301.0711,
3301.0714, 3301.0717, 3301.801,
3301.91, 3302.02,
3302.03, 3302.04, 3313.60,
3313.608, 3313.6011,
3313.61, 3313.611, 3313.612,
3313.978, 3314.03,
3317.012, 3317.029, 3319.19,
3321.38, 3324.02, 3324.03, and
3365.15; to amend,
for the purpose of adopting new
section numbers as
indicated in parentheses,
sections 3301.079
(3301.078) and 3301.0712
(3301.0718); to enact new
sections 3301.079,
3301.0712, and 3301.0715 and
sections 3301.0713 and 3321.041; to repeal
sections 3301.0715 and 3301.0716 of the Revised
Code and to repeal Section 4 of Am. Sub. S.B. 55
of the 122nd General Assembly to implement
recommendations of the Governor's Commission for
Student Success, and to amend section 3313.608 of
the Revised Code effective July 1, 2003.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.031, 3301.07, 3301.0710,
3301.0711,
3301.0714, 3301.0717, 3301.801, 3301.91, 3302.02,
3302.03,
3302.04, 3313.60, 3313.608, 3313.6011, 3313.61, 3313.611,
3313.612, 3313.978, 3314.03, 3317.012, 3317.029, 3319.19, 3321.38,
3324.02,
3324.03, and 3365.15 be amended, sections 3301.079
(3301.078) and
3301.0712 (3301.0718) be amended for the purpose of
adopting new
section numbers as indicated in parentheses, and new
sections
3301.079, 3301.0712, and 3301.0715 and sections 3301.0713
and 3321.041 of the Revised Code
be enacted to read as follows:
Sec. 307.031. As used in this section, "ADM" means the
average daily membership of an educational
service center for
which a
board of county commissioners is required to provide an
office
under section 3319.19 of the Revised Code, as certified by
the
superintendent of public instruction to the tax commissioner
pursuant to division (C) of that section.
(A) There is hereby created in the treasury of each county
in which the office of an educational
service center is located
the
educational service center governing
board office fund. Any
moneys received by a
board of county commissioners under division
(B) or (C) of this
section shall be credited to the
educational
service center governing board office
fund in that county
treasury. The board of county commissioners
shall utilize and
expend moneys from the fund solely to meet or
to assist in meeting
the requirements of division (A) or (B) of
section 3319.19 and
division (A)(2) of section
3301.0712
3301.0718 of the
Revised Code
and any rules of the department of education
regarding facilities
of educational service centers.
(B) For the purpose of this division, "licensed
employee"
shall be defined by the department of education by
rule.
(1) From moneys appropriated for the purposes of this
section, during March of each year the tax commissioner shall
determine for and distribute to the board of county commissioners
of each county in which an educational service center office is
located the amount required under divisions (B)(3) to (5) of this
section. If moneys appropriated for the purposes of this section
are not sufficient to provide that amount to each board of county
commissioners, the tax commissioner shall reduce the amount
distributed to each board of county commissioners by the
percentage that the amount of the moneys appropriated for the
purposes of this section is less than the total of the amounts
determined under divisions (B)(3) to (5) of this section for all
boards of county commissioners in the state.
(2) Except as provided in division (C) of this section,
moneys expended from the educational service center governing
board office fund
may be used by a board of county commissioners
for the actual
costs of meeting the requirements of division (A)
of this
section. The board of county commissioners shall
calculate these
costs and submit the calculations and the
methodology for the
calculation to the educational service center
superintendent at
least thirty days prior to expending moneys from
the
educational service center governing board
office fund. The
educational service center superintendent may
question any item or
cost, or the methodology of arriving at the cost of any item.
(3) Except as provided under division (B)(5) of this
section, if the ratio of the ADM to the number of full-time
equivalent licensed employees of the educational
service center
governing board equals or exceeds one
hundred
to one, the amount
distributed under division (B)(1) of this section to a board of
county commissioners shall be the greater of the following:
(a) An amount equal to six dollars times the ADM,
(b) Fifteen thousand dollars.
(4) Except as provided under division (B)(5) of this
section, if the ratio of the ADM to the number of full-time
equivalent licensed employees of the educational
service center
governing board is less than
one hundred to one, the amount
distributed
under division (B)(1) of this section to a board of
county
commissioners shall be the greater of the following:
(a) An amount equal to the total of six dollars times the
ADM plus two hundred fifty dollars times the number of full-time
equivalent licensed employees of the educational
service center
governing board;
(b) Fifteen thousand dollars.
(5) If the amount determined under division (B)(3) or (4)
of
this section for a board of county commissioners exceeds the
actual cost to the board of providing and equipping offices for
the use of the educational service center superintendent of
schools as required under
division (A) or (B) of section 3319.19
and division (A)(2) of
section
3301.0712
3301.0718 of the Revised
Code, the amount distributed to
the board of county commissioners
under division (B)(1) of this
section shall equal the actual cost.
(C) Any amount appropriated by the general assembly for
the
purposes of this section in any fiscal year and remaining
after
the distribution to boards of county commissioners pursuant
to
division (B) of this section shall be distributed by the tax
commissioner in accordance with this division and division (D) of
section 3319.19 of the Revised Code.
A board of county commissioners, upon receiving the notice
from the superintendent of public instruction of the selection of
a grant proposal as submitted or modified and the amount of any
grant to be distributed to the board pursuant to division (D) of
section 3319.19 of the Revised Code, shall adopt a resolution to
either accept or reject the selected proposal and grant, and
shall
submit copies of the resolution to the superintendent of
public
instruction, the educational service center
superintendent, and
the tax
commissioner. Upon receipt of a resolution accepting a
proposal
and grant from a board, the tax commissioner shall pay to
the
board the amount of the grant certified by the superintendent
of
public instruction. Upon acceptance, the board shall deposit
the
moneys in the educational service center
governing board
office fund and may
expend such moneys as set forth in division
(B)(2) of this
section or as specifically provided for in the
grant proposal
selected by the superintendent of public
instruction.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards
shall include the academic standards and aligned
curriculum developed in accordance with section 3301.079 of the
Revised Code and shall provide adequately for:
a curriculum
sufficient to meet the needs of pupils in every community; locally
developed competency programs; the licensing of teachers,
administrators, and other professional personnel and their
assignment according to training and qualifications; efficient and
effective instructional materials and equipment, including library
facilities; the proper organization, administration, and
supervision of each school, including regulations for preparing
all necessary records and reports and the preparation of a
statement of policies and objectives for each school; buildings,
grounds, health and sanitary facilities and services; admission of
pupils, and such requirements for their promotion from grade to
grade as will assure that they are capable and prepared for the
level of study to which they are certified; requirements for
graduation; and such other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E) Formulate and prescribe minimum standards for driver
education courses conducted at high schools in the state or by
educational service centers or joint vocational school district
boards of education. In the formulation of standards for driver
education courses, the board shall call upon the director of
public safety for advice and assistance. The standards shall
require twenty-four hours of classroom instruction, and eight
hours of actual behind-the-wheel instruction conducted on public
streets and highways of this state, but shall not require any
additional hours of observation within a vehicle. The board shall
require energy conservation information as part of the driver
education curriculum. Such information shall include, but need
not be limited to, the identification of inefficient driving
techniques and improper maintenance as they relate to decreased
gas mileage, information regarding the costs and benefits of
different modes of travel, and information concerning relative
fuel economy and life-cycle costs of new automobile purchases.
The
board also shall require financial responsibility information
as
part of the driver education curriculum. The board also may
require as part of the health and driver education curricula
information developed under section 2108.15 of the Revised Code
promoting the donation of anatomical gifts pursuant to Chapter
2108. of the Revised Code and provide the information to high
schools, educational service centers, and joint vocational school
district boards of education.
(F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code;
(K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation, beginning in the primary grades;
(M) Formulate and prescribe minimum standards requiring the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.079
3301.078. The state board of education shall
adopt a standard
restricting to not more than twenty-five pupils,
the size of any class in
which instruction is provided to
bilingual multicultural pupils by a teacher
holding a license to
teach bilingual pupils pursuant to section 3319.22
of the Revised
Code.
Sec. 3301.079. (A) The state board of education shall develop
statewide academic standards for each of grades kindergarten
through twelve in reading, writing, mathematics, science, and
social studies. The standards shall specify the academic content
and skills that students are expected to learn and be able to use
at each grade level.
(B) When academic standards have been completed for any
subject area at any grade level, the state board shall inform all
school districts of the content of those standards.
(C) Not later than one year after the completion of academic
standards for any subject area at any grade level, the state board
shall develop a model curriculum for instruction in that subject
area at that grade level. The model curriculum shall be aligned
with the standards to ensure that the academic content and skills
specified for each grade level are taught to students. The state
board shall consult with Ohio classroom teachers and other Ohio
educators with expertise in the appropriate subject area in
developing any model curriculum. When any model curriculum has
been completed, the state board shall inform all school districts
of the content of that model curriculum.
School districts may utilize the model curriculum
established by the state board, together with other relevant
resources, examples, or models to ensure that students have the
opportunity to attain the academic standards. Upon request, the
department of education shall provide technical assistance to any
district in implementing the model curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(D)(1) Not later than one year after the completion of
academic standards for any of grades kindergarten through two in
reading, writing, and mathematics and grades three through eight
in any subject area, the state board shall develop a diagnostic
assessment aligned with those standards for that grade level and
subject area. The diagnostic assessment shall be designed to
measure student comprehension of academic content and mastery of
related skills for the subject area and grade level covered by the
standards. Any diagnostic assessment shall include questions to
identify gifted students under section 3324.03 of the Revised
Code.
(2) If an achievement test is required by section 3301.0710
of the Revised Code for the subject area and grade level covered
by the standards, the state board shall develop an achievement
test aligned with those standards.
(3) The state board shall consult with Ohio classroom
teachers and other Ohio educators with expertise in the
appropriate subject area in developing any diagnostic assessment
or achievement test.
(E)(1) When any diagnostic assessment has been completed,
the state board shall inform all school districts of its
completion and the department of education shall make the
diagnostic assessment available to the districts. School
districts shall administer the diagnostic assessment beginning the
first school year following the development of the assessment.
(2) When any achievement test has been completed, the state
board shall inform all school districts of its completion and the
department of education shall make the achievement test available
to the districts. School districts shall administer the
achievement test beginning the second school year following the
development of the test.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
proficiency
for the purpose of ensuring
achievement. The state board shall
ensure that all tests administered under the testing program are
aligned with the academic standards developed by the state board
and are created with input from Ohio classroom teachers and other
Ohio educators pursuant to section 3301.079 of the Revised Code.
The testing program shall be designed to ensure that students
who receive
a high school diploma demonstrate at least high
school
levels of
proficiency
achievement in reading, writing,
mathematics,
science, and
citizenship
social studies.
In order to
determine this proficiency,
the minimum standards shall be
appropriate for tenth grade proficiency level
in each of the
specified areas.
(A)(1)
The state board shall prescribe five statewide
proficiency tests, one each designed to measure skill in reading,
writing, mathematics, science, and citizenship, and shall
determine and designate the score on each such test that shall be
deemed to demonstrate that any student attaining such score has
achieved at least a fourth grade level of proficiency in the
measured
skill.
(2) The state board shall prescribe five
statewide
proficiency tests, one each designed to measure skill
in reading,
writing, mathematics, science, and citizenship, and
determine and
designate the score on each such test that is
deemed to
demonstrate that any student attaining such score has
achieved at
least a sixth grade level of
proficiency in the measured skill.
(3) The state board shall prescribe five statewide
proficiency tests, one each designed to measure skill in reading,
writing, mathematics, science, and citizenship, and shall
determine and designate the score on each such test that shall be
deemed to demonstrate that any student attaining such score has
achieved at least a twelfth grade level of proficiency in the
measured
skill.
The state board shall prescribe all of the
following:
(a) A statewide achievement test designed to measure the
level of reading skill expected at the end of third grade;
(b) Two statewide achievement tests, one each designed to
measure the level of writing and mathematics skill expected at the
end of fourth grade;
(c) Two statewide achievement tests, one each designed to
measure the level of science and social studies skill expected at
the end of fifth grade;
(d) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the end of seventh grade;
(e) Two statewide achievement tests, one each designed to
measure the level of science and social studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
four ranges of scores on each of the achievement tests described
in division (A)(1) of this section. Each range of scores shall be
deemed to demonstrate a level of achievement so that any student
attaining a score within such range has achieved one of the
following:
(a) An advanced level of skill;
(b) A proficient level of skill;
(c) A basic level of skill;
(d) A below basic level of skill.
(B) The state board shall prescribe five statewide high
school
proficiency
achievement tests, one each designed to measure
skill in
the level of reading,
writing, mathematics, science, and
citizenship
social studies skill expected at the end of tenth
grade, and shall
determine and designate the score on each such
test that shall be
deemed to demonstrate that any student
attaining such score has
achieved at least
the
a proficient level
of
proficiency in the measured skill
appropriate for
tenth grade.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
proficiency
achievement testing requirements for
receiving
high school diplomas, under which any student who has
met
a
proficiency
an achievement testing requirement of one state
is recognized as
having met the similar
proficiency
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the Revised Code, any student enrolled in
any public high school
in this state
and who has met
a proficiency
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this division that is specified
in the agreement.
(C) The state board shall annually designate as follows
the
dates on which the tests prescribed under this section shall
be
administered:
(1) For the test prescribed under division
(A)(1)(a) of this
section
to
measure skill in reading, as follows:
(a)
For students entering fourth grade in school
years that
start prior to July
1, 2001, the same dates prescribed under
division
(C)(2) of this section for the tests prescribed under
division
(A)(1) of this section to measure skill in writing,
mathematics,
science, and citizenship;
(b) For students entering fourth grade beginning
with the
school year that starts
July 1, 2001:
(i) One date prior to the thirty-first day of
December each
school
year;
(ii) Any dates prescribed under division
(C)(2) of this
section for the tests prescribed under division
(A)(1) of this
section to measure skill in writing, mathematics,
science, and
citizenship;
(iii)(b) At least one date of each school year that is not
earlier than Monday of the week containing the fifteenth day of
March;
(c) One date during the summer for students
receiving summer
remediation services under
division
(B)(3) of section 3313.608 of
the Revised
Code.
(2) For the tests prescribed under
division
divisions
(A)(1)(b), (c), (d), and (e)
of this section
to measure skill in
writing, mathematics, science, and
citizenship and the tests
prescribed under division
(A)(2) of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing the fifteenth day of March;
(3)
For the tests prescribed under division (A)(3) of this
section, at least one date subsequent to the thirty-first day of
December but prior to the thirty-first day of March of each
school
year;
(4) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(4)(3)
of this section, the board shall, to the greatest
extent
practicable, provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish, grade, and score all tests required
by
section 3301.0710 of the Revised Code to city, local, and
exempted
village school districts;
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J)(2) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code
to measure skill in
reading as follows:
(a) For students entering fourth grade in school
years that
start prior to July
1, 2001, at least once annually to all
students in the fourth
grade;
(b) For students entering fourth grade beginning
with the
school year that starts
July 1, 2001, twice annually to
all
students in the
fourth
third grade who have not attained the score
designated for that test under division (A)(1)(2)(b) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
division (B)(3) of
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
to measure skill in
writing,
mathematics, science, and citizenship at least once
annually
to all students in the fourth grade.
(3) Administer the tests prescribed
under division
(A)(2)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to all students in the
sixth
fifth grade.
(4) Administer
any
the tests prescribed under division
(A)(3)(1)(d)
of section 3301.0710 of the Revised Code at least
once annually
to
any student
all students in the
twelfth
seventh
grade
who, on all the tests
prescribed under division (B) of that
section, has attained the
applicable scores designated under such
division prior to the
first day of January of that year.
(5)
Administer the tests prescribed under division (A)(1)(e)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(6) Administer any test prescribed under division (B) of
section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade who have not yet attained the score on that test designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(C)(1) Any student receiving special education services
under
Chapter 3323. of the Revised Code shall be excused from
taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test. In the case of any student so
excused from taking a test, the school district board of
education
shall not prohibit the student from taking the
test. Any student
enrolled in a chartered
nonpublic school who has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504 of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as amended, as a
child with a disability shall be excused from taking any
particular test
required to be administered under this section if
a plan developed for the
student pursuant to rules adopted by the
state board excuses the student from
taking that test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "English-limited student"
means a student whose
primary language is not English and who has
been enrolled in
United States schools for less than two full
school years.
No English-limited student shall be required to take any test
administered
under this section. However, no district board or
governing authority of a
chartered nonpublic school shall prohibit
an English-limited student
from taking a test.
(D) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1)(a), (b), or (c) of
section
3301.0710 of the Revised Code
or former division (A)(1) of
section 3301.0710 of the Revised Code as it existed prior to the
effective date of this amendment are administered to any
student,
the board of education of any school district in which
the
student
is enrolled in that year shall provide
to the student intervention
services
to the student
commensurate with the student's test
performance, including any intensive intervention required under
section 3313.608 of the Revised Code, in any skill in which the
student failed
on those tests to demonstrate at least
fourth-grade
levels of
literacy and basic competency
a score in the proficient
range.
This division does not apply to
any student receiving
services
pursuant to an individualized
education program developed
for the
student pursuant to section
3323.08 of the Revised Code.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
permit
utilize any
student to be denied promotion
to a
higher grade level solely
because of the student's failure to
attain a specified score on
any test administered under this
section
as a factor in any decision to deny the student promotion
to a higher grade level. However, a district board may
choose not
to promote to
the next grade level any student who does not take
any
proficiency
test administered under this section or make up
such test as
provided by division (C)(2) of this section and who
is not
exempted
from the requirement to take the test under
division
(C)(1) or (3) of
this section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G) Not later than sixty days after any administration of
any test prescribed by section 3301.0710 of the Revised Code, the
department shall send to each school district board a list of the
individual test scores of all persons taking the test.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department shall not release any individual test scores on
any
test administered under this section and shall adopt rules to
ensure the protection of student confidentiality at all times.
(J) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
does not apply to the board of education of any joint vocational
or cooperative education school district except as provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
joint vocational school district or a cooperative education
school
district established pursuant to divisions (A) to (C) of
section
3311.52 of the Revised Code may enter into an agreement
with the
board of education of the joint vocational or
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
joint
vocational or cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(5)(6)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 of the Revised Code to any
chartered nonpublic school electing to participate under this
division.
(L)(1) Except as provided in division (L)(3) of this
section, the superintendent of the state school for the blind and
the superintendent of the state school for the deaf shall
administer the tests described by section 3301.0710 of the
Revised
Code. Each superintendent shall administer the tests in
the same
manner as district boards are required to do under this
section
and rules adopted by the department of education.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(3) Any student enrolled in the state school for the blind
or the state school for the deaf shall be excused from taking any
particular test required to be administered under division (L)(1)
of this section if the individualized education program developed
for the student pursuant to section 3323.08 of the Revised Code
excuses the student from taking that test. In the case of any
student so excused from taking a test, the superintendent of the
school shall not prohibit the student from taking the test.
(M) Notwithstanding division (E) of this section,
beginning
July 1, 1999,
a school district may
retain any
student for an
additional year in such student's current grade level if
such
student
has failed to attain the designated scores on three or
more of the five
use a student's failure to attain a score in at
least the basic range on any of the
tests
described by division
(A)(1)
or (2)(b), (c), (d), or (e) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade level.
This division does not supersede the requirements of section
3313.608
of the Revised Code.
(N)(1) All
proficiency tests required by section
3301.0710
of the Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the school year that the test was
administered.
(2) The department may field test proposed
proficiency test
questions with
samples of students to determine the validity,
reliability, or appropriateness
of test questions for possible
inclusion in a future year's
proficiency test.
Field test questions shall not be considered in computing
test scores for
individual students. Field test questions may be
included
as part of the administration of any
proficiency test
required by section
3301.0710 of the Revised Code.
(3) Any field test question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions shall be
redacted from any
proficiency tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
Sec. 3301.0712. Notwithstanding sections 3301.0710 and
3301.0711 of the Revised Code, the state board shall continue to
prescribe and the department of education and each school district
shall continue to administer any proficiency test as required by
those former sections until the applicable achievement test, as
indicated on the chart below, has been developed and made
available in accordance with section 3301.079 of the Revised Code.
Thereafter, such achievement test shall be administered to
students under sections 3301.0710 and 3301.0711 of the Revised
Code.
Proficiency Test | | Achievement Test |
4th grade reading test | | 3rd grade reading test |
4th grade writing test | | 4th grade writing test |
4th grade mathematics test | | 4th grade mathematics test |
4th grade science test | | 5th grade science test |
4th grade citizenship test | | 5th grade social studies test |
6th grade reading test | | 7th grade reading test |
6th grade writing test | | 7th grade writing test |
6th grade mathematics test | | 7th grade mathematics test |
6th grade science test | | 8th grade science test |
6th grade citizenship test | | 8th grade social studies test |
9th grade reading test | | 10th grade reading test |
9th grade writing test | | 10th grade writing test |
9th grade mathematics test | | 10th grade mathematics test |
9th grade science test | | 10th grade science test |
9th grade citizenship test | | 10th grade social studies test |
Sec. 3301.0713. The state board of education shall recommend
a plan to the general assembly for developing and implementing a
series of end-of-course examinations aligned with the academic
standards described in section 3301.079 of the Revised Code to be
administered to high school students upon the completion of
specified courses as an alternative to passing the tests required
under division (B) of section 3301.0710 of the Revised Code to
receive a high school diploma.
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 in grades one through
eight
as assessed by the locally developed competency programs
required
by division (D) of section 3301.07 of the Revised Code;
(e) Academic achievement levels as assessed by the testing
of student
proficiency
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code;
(f)(e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(g)(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(h)(g) Attendance rates and the average daily attendance for
the year;
(i)(h) Expulsion rates;
(j)(i) Suspension rates;
(k)(j) The percentage of students receiving corporal
punishment;
(l)(k) Dropout rates;
(m)(l) Rates of retention in grade;
(n)(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(o)(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.
(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 may
authorize school districts to request social
security numbers of
individual students so that school districts
and the data
acquisition sites operated under section 3301.075 of
the Revised
Code can assure accuracy and avoid errors in
collecting the data.
However, the guidelines shall prohibit the
reporting under this
section of any personally identifiable
information about any
student, including a student's social
security number, name, or
address, to the state board of
education or the department of
education or to any
other person
unless such person is employed by
the school district or the data
acquisition site 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 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 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
proficiency
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.
Sec. 3301.0715. (A) Except as provided in division (E) of
this section, the board of education of each city, local, and
exempted village school district shall administer any diagnostic
assessment developed in accordance with section 3301.079 of the
Revised Code to measure student progress toward the attainment of
academic standards for grades kindergarten through two in reading,
writing, and mathematics and for grades three through eight in any
subject area.
(B) Each district board shall administer any diagnostic
assessment to any student at any time the board deems appropriate.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the "value
added" of the instruction received by students during that school
year.
(C) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department of
education.
(D) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
(E) Any district designated by the state board of education
as a "high-performing" school district may assess student progress
using an assessment other than the diagnostic assessment required
by division (A) of this section.
Sec. 3301.0717. In addition to the duties imposed on it by
law, the state board of education shall establish and submit to
the governor and the general assembly a clear and measurable set
of goals with specific timetables for their achievement. The
goals shall be established for programs designed to accomplish:
(A) A reduction in rates of retention in grade;
(B) Reductions in the need for remedial courses;
(C) Reductions in the student dropout rate;
(D) Improvements in scores on standardized tests;
(E) Increases in satisfactory completion of high school
proficiency
achievement tests;
(F) Increases in American college test scores;
(G) Increases in the rate of college entry;
(H) Reductions in the need for remedial courses for
first-year college
freshmen
students.
In July of each odd-numbered year, the state board of
education shall submit a report on progress made toward these
goals to the governor and the general assembly.
Sec. 3301.0712
3301.0718. (A) The state board of education
shall
adopt minimum standards under which each governing board
of
an educational service center shall develop a plan
of service to
school
districts within the center's territory. The standards
shall
require that
the plan of service include, but need not be
limited to,
provisions that ensure:
(1) The maximum involvement of boards of education of
local
school districts in all aspects of the service plan;
(2) Adequate and well-maintained physical facilities for
the
offices of the county board;
(3) Fiscal monitoring of the local districts by the
educational service center governing board;
(4) The availability of qualified staff in sufficient
numbers to implement the service plan;
(5) Supervision and evaluation of classroom activities in
the local districts;
(6) The availability of in-service and continuing
education
programs for all local district and educational
service center
personnel;
(7) The offering of specified curriculum services to the
local districts;
(8) The development of research and development programs;
(9) Regular and continuing communication among the
educational
service center governing board, local districts, and
the community;
(10) Continuing planning for the maximum utilization of
existing school buildings and the development of new facilities;
(11) Monitoring and enforcement of the compulsory
attendance
law;
(12) Accurate recordkeeping in the local district schools;
(13) Assistance to local districts in the provision of
special accommodations and classes for handicapped students.
(B) Each educational service center governing board shall,
within one hundred eighty
days of the effective date of the
minimum standards adopted by
the state board under division (A) of
this section, submit to the
state board a plan of service that
meets these standards. The
state board shall approve any plan of
service that meets these
standards and, upon approval of any such
plan, shall issue a
charter to that educational service center.
(C) The state board shall conduct an evaluation every five
years of each educational service center governing board and the
services it provides. The
evaluation shall include
recommendations and shall be discussed
in a public meeting held by
the superintendent of the educational service
center within thirty
days of receipt of the
evaluation report.
The educational service
center superintendent shall also submit
a plan to the state
board
for correcting any violations specified in the evaluation
within
ninety days of receipt of the evaluation report. The
state board
shall approve any such plan that meets the minimum
standards
adopted by the state board under division (A) of this
section.
(D) The state board shall revoke the charter of any
educational service center
that fails to comply with the plan of
service approved
by the state board under division (B) of this
section or with any
plan for correcting violations approved by the
state board under
division (C) of this section.
(E) If any educational service center fails to submit a
plan
of service
in compliance with the provisions of division (B) of
this section
or if the charter of any educational service center
is
revoked pursuant to
division (D) of this section, the state
board may dissolve the
educational service center and pursuant to
this division
transfer its territory to
one or more adjacent
educational service centers.
Prior to dissolving an educational service center
pursuant to
this
division, the state board shall notify the educational
service center
governing board to be
dissolved and the governing
boards of all adjacent educational service centers
of its
intention to dissolve the
educational service center. The
governing boards receiving such a notice may make recommendations
to the
state board regarding the proposed dissolution and
subsequent
transfer of territory.
No order of the state board to transfer the territory of an
educational
service center being dissolved pursuant to
this
division shall
divide the territory of a local school district
between two or
more adjacent educational service centers. An
equitable division of
the funds, property, and indebtedness of any
educational service center
being dissolved pursuant to this
division shall be made by the
state board among the educational
service centers
receiving territory. The
governing board of an
educational service center
receiving territory shall accept such
territory pursuant to the order of the state board. Any transfer
of territory ordered by the state board shall become effective on
the date specified by the state board, but the date shall be at
least thirty days after the date on which the order was issued.
(F) In issuing and revoking charters under this section,
the
state board shall be governed by the provisions of Chapter
119. of
the Revised Code.
Sec. 3301.801. The Ohio SchoolNet
commission shall create
and maintain a clearinghouse
for classroom teachers, including any
classroom teachers employed by
community schools established under
Chapter 3314. of the Revised Code, to
easily obtain lesson plans
and
materials and other practical resources for use in classroom
teaching. The commission shall develop a method of obtaining
submissions, from classroom teachers and others, of such plans,
materials, and other resources that have been used in the
classroom and that can be readily used and implemented by
classroom teachers in their regular teaching activities. The
commission also shall develop methods of informing classroom
teachers of both the availability of such plans, materials, and
other resources, and of the opportunity to submit such plans,
materials, and other resources and other classroom teaching
ideas
to the clearinghouse.
The department of education shall regularly identify
research-based practices concerned with scheduling and allotting
instructional time and submit such practices to the commission for
inclusion in the clearinghouse.
The commission shall periodically report to the speaker
and
minority leader of
the house of representatives, the president and
minority leader of the
senate, and the chairpersons and ranking
minority members of the education
committees of the senate and the
house of representatives regarding the
clearinghouse and make
recommendations for changes in state law or
administrative rules
that may facilitate the usefulness of the clearinghouse.
Sec. 3301.91. (A) The OhioReads
council's responsibilities
include, but are not limited to, the
following:
(1) Advising and consenting to the superintendent of public
instruction's
appointments to the position of executive
director
of the OhioReads office;
(2) Evaluating the effectiveness of the OhioReads
initiative
established by this section and sections 3301.86 and
3301.87 of
the Revised
Code and conducting annual evaluations beginning in
fiscal year
2002;
(3) Developing a strategic plan for identifying, recruiting,
training,
qualifying, and placing volunteers for the
OhioReads
initiative;
(4) Establishing standards for the awarding of
classroom
reading grants under section 3301.86 of the
Revised
Code and
community reading
grants under section 3301.87 of the
Revised
Code, including eligibility
criteria, grant amounts, purposes for
which grants may be used, and
administrative, programmatic, and
reporting requirements;
(5) Awarding classroom reading grants and community reading
grants to be paid by the OhioReads office under sections
3301.86
and 3301.87 of the Revised Code;
(6) Establishing guidelines for and overseeing the general
responsibilities and
mission of the executive director of the
OhioReads
office;
(7) Adopting rules pursuant to Chapter 119. of the Revised
Code to establish
standards required under sections 3301.86 and
3301.87 of the Revised Code.
(B) In performing its
duties, the council shall, to the
extent practicable:
(1) Give primary consideration to the safety and well-being
of
children participating in the OhioReads initiative;
(2) Maximize the use of resources to improve reading
outcomes, especially the fourth grade reading proficiency test
established under
former division
(A)(1) of section 3301.0710 of
the Revised
Code
and the third grade reading achievement test
established under division (A)(1)(a) of section 3301.0710 of the
Revised Code;
(3) Identify and maximize relevant federal and state
resources to leverage
OhioReads
resources and related programs;
(4) Focus on early reading intervention strategies,
professional development, and parental involvement;
(5) Give priority to programs
recognized as promising
educational practices for accelerating
student achievement,
including, but not limited to, programs
primarily using volunteers
and programs that may have been reviewed by the
education
commission of the states.
Sec. 3302.02.
The following are the expected state
performance standards
for school districts:
(A) A ninety per cent graduation rate;
(B) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed by division (A)(1)
of section 3301.0710 of the Revised Code;
(C) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed by division (A)(1) of
section 3301.0710 of the Revised Code;
(D) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed by division (A)(1) of
section 3301.0710 of the Revised Code;
(E) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed by division (A)(1)
of section 3301.0710 of the Revised Code;
(F) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed by division (B) of
section 3301.0710 of the Revised Code;
(G) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed by division (B) of
section 3301.0710 of the Revised Code;
(H) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed by division (B) of
section 3301.0710 of the Revised Code;
(I) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed by division (B) of
section 3301.0710 of the Revised Code;
(J) At least eighty-five per cent of tenth graders
proficient
on the mathematics test prescribed by division (B) of
section
3301.0710 of the Revised Code;
(K) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed by division (B) of
section
3301.0710 of the Revised Code;
(L) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed by division (B) of
section
3301.0710 of the Revised Code;
(M) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed by division (B) of
section
3301.0710 of the Revised Code;
(N) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed by division (A)(3) of section
3301.0710 of the Revised Code;
(O) At least sixty per cent of twelfth graders proficient
on
the reading test prescribed by division (A)(3) of section
3301.0710 of the Revised Code;
(P) At least sixty per cent of twelfth graders proficient
on
the writing test prescribed by division (A)(3) of section
3301.0710 of the Revised Code;
(Q) At least sixty per cent of twelfth graders proficient
on
the citizenship test prescribed by division (A)(3) of section
3301.0710 of the Revised Code;
(R) At least a ninety-three per cent attendance
rate.
When sufficient data concerning the tests given pursuant
to
division (A)(2) of section 3301.0710 of the Revised
Code and
the
science tests given pursuant to divisions (A)(1), (3), and
(B) of
section 3301.0710 of the Revised Code are
available for
the
department of education
to establish performance
standards for
those tests, the department
shall
recommend a rule adding
standards to reflect these
additional tests. The department shall
also
recommend
a rule when necessary to allow for the phasing out
of the ninth
grade proficiency test and its replacement with a
high school
proficiency test pursuant to section 3301.0710 of the
Revised
Code as amended by Amended Substitute
Senate Bill No. 55
of the 122nd
general
assembly. The rules
The department of education shall annually establish
performance indicators for the report cards required by division
(D) of section 3302.03 of the Revised Code. In establishing these
indicators,
the department shall consider inclusion of student
performance on any tests given under section 3301.0710 of the
Revised Code, rates of student improvement on such tests, student
attendance, the breadth of coursework available within the
district, and other indicators of student success. The department
shall notify all school districts of the selected performance
indicators
at least one year before they are included in
the
report card.
The department shall not
recommend
establish any
standard
be
established
performance indicator for passage of the
third or
fourth grade
reading
test that is solely based on the test given
in the fall
for the purpose of
determining whether students have
met the
fourth grade
reading guarantee provisions of section
3313.608 of
the
Revised Code.
Rules recommended by the department under this
section shall
not take effect unless approved by joint
resolution of the general
assembly.
Sec. 3302.03. (A)
Beginning with the fiscal year that
starts
on
July 1, 1999, every three years
Annually the
department
of
education shall
calculate and report for each
school district
its
percentages on
the extent to which it meets each of the
performance indicators
listed in
created by the
department under
section 3302.02 of the Revised Code and shall
specify for each
such district the
extent to which the acceptable
percentage of
performance
indicator has
indicators that have been
achieved and
whether the district is an
effective school district,
needs
continuous improvement, is under an academic
watch, or is in
a
state of academic emergency.
The department shall also determine for each school building
in a district the extent to which it meets any of the performance
indicators applicable to the grade levels of the students in that
school building and whether the school building is an effective
school, needs continuous improvement, is under an academic watch,
or is in a state of academic emergency.
(B)(1) A school district
or building shall be declared
an
effective
school district if it meets at least ninety-four per
cent of
the
applicable state performance
standards
indicators.
(2) A school district
or building shall be declared to be in
need of
continuous improvement if it meets more than fifty per
cent but
less than ninety-four per cent of the
applicable state
performance
standards
indicators.
(3) A school district
or building shall be declared to be
under an
academic watch if it meets more than thirty-three per
cent but
not more than fifty per cent of the
applicable state
performance
standards
indicators.
(4) A school district
or building shall be declared to be in
a state
of academic emergency if it does not meet more than
thirty-three
per cent of the
applicable state performance
standards
indicators.
(C) Whenever feasible, the department shall utilize
three-year
averaging of the district's
percentages
or building's
performance on the
performance standards
specified in
indicators
created by
the department under section 3302.02 of the Revised
Code.
(D)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
based on
reflecting performance on the
indicators created by the department under section 3202.02 of the
Revised Code. The department may include in the report cards any
additional education and fiscal
performance data
it deems
valuable.
(2) The department shall not include in the report card
required
by this division proficiency test passage data according
to any ethnic,
racial, or gender classification.
(E) In calculating
the
any proficiency
or achievement test
passage rates
used to determine school district performance under
this
section, the department shall include all students except:
(1) Those
those students exempted from the requirement to
take the applicable
proficiency test
pursuant to division (C)(1)
or (3) of section 3301.0711 of the
Revised Code, whether or not
the student chose to take the
test voluntarily in spite of the
exemption granted in that division;
(2) Those students to whom the twelfth-grade tests are not
administered,
pursuant to division (B)(4) of section 3301.0711 of
the Revised Code.
Sec. 3302.04. (A)
By March 1, 1998,
the
The state board of
education shall recommend to the general assembly a
rule
establishing both of the following:
(1) A standard unit of improvement that any
individual
school within a district or school
district would be required to
achieve on a specific performance
standard
indicator that it
failed to meet
in order to be deemed to have
made satisfactory
improvement toward
meeting that
standard
indicator.
(2) The percentage of those performance
standards
indicators
that
a
an
individual school or
district did not meet, on which a
district
would be required to achieve the standard
unit of
improvement in
order to be deemed to be making overall
progress
toward becoming
an effective district.
Upon approval of the general assembly, the rule shall
apply
to determinations of school district improvement under
division
(B) of this section.
(B) When a school district has been notified by
the
department pursuant to division (A) of section 3302.03 of the
Revised Code
that the district
or a school within the district
needs continuous improvement, is under an academic watch,
or is in
a state of academic emergency, the district shall
develop a
three-year continuous improvement plan
containing an analysis of
the reasons for the district's failure
as a whole, or the failure
of any individual schools,
to meet any of the
standards it does
indicators
not
meet
met and specifying the
strategies
it
the
district will
use and the resources it will allocate to
address
the problem.
Copies of the plan shall be made available to the
public.
No three-year continuous improvement plan shall be developed
or adopted
pursuant to this division unless at least one public
hearing is held within
the
territory of the affected school
district
or school concerning the final draft of
the plan. Notice
of the hearing shall be given two weeks prior to the hearing
by
publication in one newspaper of general circulation within the
territory of
the affected school district.
(C) When a school district has been
notified by the
department pursuant to division (A) of section
3302.03 of the
Revised Code that the district
or a school within the district is
under an
academic watch or in a state
of academic emergency, the
district shall be subject to any rules establishing
intervention
in academic watch or emergency school districts that have been
recommended to the
general assembly by the department of education
and approved by joint
resolution of the general assembly.
The
department shall recommend such rules
by July 1, 1998.
(D)(1) Within one hundred twenty days after any school
district
or school within the district
is declared to be in a
state of academic emergency under section 3302.03
of the Revised
Code, the department shall initiate a site
evaluation of the
school or school district.
(2) If any school district that is declared to be in a state
of
academic emergency or in a state of academic watch under
section 3302.03
of the Revised Code
or encompasses a school that
is declared to be in a state of academic emergency or in a state
of academic watch fails to demonstrate to the department
satisfactory improvement
of the district or applicable buildings
or fails to submit to the department any
information required
under rules established by the state board of
education, prior to
approving a three-year continuous improvement
plan
for the school
district under rules established by the state
board of education,
the department shall conduct a site evaluation
of the school
district
or applicable schools to determine whether the school
district is
in compliance with minimum standards established by
law or rule.
(3) Site evaluations conducted under divisions (D)(1) and
(2) of
this section shall include, but not be limited to, the
following:
(a) Determining whether teachers are assigned to subject
areas
for which they are licensed or certified;
(b) Determining pupil-teacher ratios;
(c) Examination of compliance with minimum instruction time
requirements for each school day and for each school year;
(d) Determining whether
the school district has materials
and
equipment necessary to implement the curriculum approved by
the school
district board
are available.
(E) The state board of education shall recommend to the
general assembly a plan for intervening in and assisting school
districts that continue to decline, or that have any school
buildings that continue to be unsuccessful despite
implementation
of a school improvement plan. The plan submitted
to the general
assembly by the state board shall include
recommendations to
prevent continued lack of success.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52
of
the Revised Code.
In adopting minimum standards under section 3301.07 of the
Revised Code, the state board of education shall not require
chartered schools to utilize any model curriculum adopted
pursuant
to section 3301.0716 of the Revised Code.
(A) The board of education of each city and exempted village
school
district, the governing board of each educational
service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing,
spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of
Ohio,
and national, state, and local government in the United
States,
including a balanced presentation of the relevant
contributions to
society of men and women of African, Mexican,
Puerto Rican, and
American Indian descent as well as other ethnic
and racial groups
in Ohio and the United States;
(3) Mathematics;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
the use and effects of food additives;
(b) The harmful effects of and legal restrictions against
the use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of
his
the student's parent or guardian, a student shall
be excused
from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of
his
the student's parent or guardian, a student shall
be excused
from taking instruction in personal safety and assault
prevention.
(6) Physical education;
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention,
except
that upon written request of
his
the student's parent or
guardian,
a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section,
every school or school district shall include in the requirements
for promotion from the eighth grade to the ninth grade one year's
course of study of American history.
(C) Except as provided in division (E) of this section,
every high school shall include in the requirements for
graduation
from any curriculum one unit of American history and
government,
including a study of the constitutions of the United
States and of
Ohio.
(D) Except as provided in division (E) of this section,
basic instruction in geography, United States history, the
government of the United States, the government of the state of
Ohio, local government in Ohio, the Declaration of Independence,
the United States Constitution, and the Constitution of the state
of Ohio shall be required before pupils may participate in
courses
involving the study of social problems, economics,
foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school
under
its control.
Sec. 3313.608.
(A)
This section does not apply to students
who enter the fourth grade after July 1, 2003.
(A) For each school year prior to July 1, 2004, for the test
to measure skill in reading prescribed by former division (A)(1)
of section 3301.0710 of the Revised Code, the state board of
education shall establish at least four ranges of scores to
measure the following levels of skill:
(1) An advanced level of skill;
(2) A proficient level of skill;
(3) A basic level of skill;
(4) A below basic level of skill.
(B) Beginning with students who enter fourth grade in the
school year that starts July 1, 2001,
no city, exempted village,
or local school district shall
promote to fifth grade any student
who fails to attain the score
designated under division (A)(1) of
section 3301.0710 of the Revised
Code on the test prescribed
under that division to measure skill in reading,
unless either of
the following applies:
(1) The pupil was excused from taking the test under
division
(C)(1) of section 3301.0711 of the Revised Code;
(2) The pupil's principal and reading teacher agree that
the pupil is academically prepared, as determined pursuant to
the
district policy adopted under section 3313.609 of the
Revised
Code, to be promoted to fifth grade.
(B)
for any student who attains a score in the range
designated under division (A)(4) of this section on such reading
test, each school district shall do one of the following:
(1) Promote the student to fifth grade if the student's
principal and reading teacher agree that other evaluations of the
student's skill in reading demonstrate that the student is
academically prepared, as determined pursuant to the district
policy adopted under section 3313.609 of the Revised Code, to be
promoted to fifth grade;
(2) Promote the student to fifth grade but provide the
student with intensive intervention services in fifth grade;
(3) Retain the student in fourth grade.
This section does not apply to any student excused from
taking such test under division (C)(1) of section 3301.0711 of the
Revised Code.
(C)(1) To assist students in meeting this fourth grade
guarantee
established by this section, each
city, exempted
village, and local school
district shall adopt policies and
procedures with which it shall, beginning in
the school year that
starts July 1, 1998, annually assess
the reading skills of each
student at the end of first, second,
and third grade and identify
students who are reading below
their grade level. The policy and
procedures shall require the
students' classroom teachers to be
involved in the assessment and the
identification of students
reading below grade level.
The district shall notify the parent
or guardian of each student
whose reading skills are below grade
level and, in accordance
with division
(C)(D) of this section,
provide intervention services to each
student reading below grade
level.
(2) For each student identified as reading below grade
level
at the end of third grade, the district shall offer
intense
remediation services during the summer following third
grade.
(3) For each student entering fourth grade after July 1,
2001,
who does not attain by the end of the fourth grade
the
at
least a score
designated under division (A)(1) of section
3301.0710 of
the Revised Code on the test prescribed
under that
division to measure skill in reading
in the range designated under
division (A)(2) of this section, the district
also shall offer
intense remediation services, and another
opportunity to take that
test, during the summer following
fourth grade.
(C)(D) For each student
required to be offered remediation
services under this section,
the district shall involve the
student's parent or guardian and
classroom teacher in developing
the intervention strategy, and
shall offer to the parent or
guardian the opportunity to be
involved in the intervention
services.
(D) Beginning in the summer of 1999, in
(E) In addition to
the
remediation requirements of
divisions (B) and
division (C) of
this
section, every city, exempted village, or local school
district
shall offer
summer remediation to any student who has
failed to
attain the designated
scores
indicating proficiency on
three or
more of the five tests described by
former division
(A)(1) or (2)
of section 3301.0710 of the Revised Code.
(E)(F) Any summer remediation services funded in whole or
in
part by the state and offered by school districts to students
under this
section shall meet the following conditions:
(1) The remediation methods are based on reliable
educational
research.
(2) The school districts conduct testing before and after
students
participate in the program to facilitate monitoring
results of the
remediation services.
(3) The parents of participating students are involved in
programming
decisions.
(4) The services are conducted in a school building or
community
center and not on an at-home basis.
Sec. 3313.6011. (A) As used in this section, "sexual
activity"
has the same meaning as in section 2907.01 of the
Revised Code.
(B) Instruction in venereal disease education
pursuant to
division(A)(5)(c) of section 3313.60 of
the Revised Code shall
emphasize that abstinence from
sexual activity is the only
protection that is one hundred per cent effective
against unwanted
pregnancy, sexually transmitted disease, and the sexual
transmission
of a virus that causes acquired immunodeficiency
syndrome.
(C) In adopting minimum standards under section 3301.07 of
the
Revised Code, the state board of education shall require
course material and instruction in venereal disease education
courses taught
pursuant to division (A)(5)(c) of section 3313.60
of the Revised Code to do all of the following:
(1) Stress that students should abstain from sexual
activity
until after marriage;
(2) Teach the potential physical, psychological, emotional,
and
social side effects of participating in sexual activity
outside of marriage;
(3) Teach that conceiving children out of wedlock is likely
to have
harmful consequences for the child, the child's parents,
and society;
(4) Stress that sexually transmitted diseases are serious
possible hazards of sexual activity;
(5) Advise students of the laws pertaining to financial
responsibility of parents to children born in and out of
wedlock;
(6) Advise students of the circumstances under which it is
criminal to have sexual contact with a person under the age of
sixteen pursuant to section 2907.04 of the Revised Code.
(D) Any model
competency-based education program for health
education the state board of education adopts
under section
3301.0716 of the Revised
Code shall conform to the requirements of
this section.
(E) On and after
the effective date of
this section
March
18, 1999, and notwithstanding
section 3302.07 of the
Revised Code,
the superintendent of public instruction shall not approve,
pursuant to
section 3302.07 of the Revised
Code, any waiver of any
requirement of this
section or of any rule adopted by the state
board of education pursuant to
this section.
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply:
(1) The person has successfully completed the curriculum
in
any high school or the individualized education program
developed
for the person by any high school pursuant to section
3323.08 of
the Revised Code;
(2) The person has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division unless the person
was excused from taking any such test pursuant to division (C)(1)
of section 3301.0711 or section 3313.532 of the Revised Code or
unless division (H) of this section applies to the person;
(3) The person is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), and
(J) of this
section, no diploma shall be granted under this
division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this
section, an honors diploma shall be granted, in accordance
with
rules of the state board of education, by any such district
board
to anyone who successfully completes the curriculum in any
high
school or the individualized education program developed for
the
person by any high school pursuant to section 3323.08 of the
Revised Code, who has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division, and who has met
additional criteria established by the state board for the
granting of such a diploma. Except as provided in divisions
(C),
(E), and (J) of this section, no honors
diploma shall be granted
to anyone failing to comply with this division and no more than
one honors diploma shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting
of
honors diplomas under this division. These rules may
prescribe
the granting of honors diplomas that recognize a
student's
achievement as a whole or that recognize a student's
achievement
in one or more specific subjects or both. In any
case, the rules
shall designate two or more criteria for the
granting of each type
of honors diploma the board establishes
under this division and
the number of such criteria that must be
met for the granting of
that type of diploma. The number of such
criteria for any type of
honors diploma shall be at least one
less than the total number of
criteria designated for that type
and no one or more particular
criteria shall be required of all
persons who are to be granted
that type of diploma.
(C) Any such district board administering any of the tests
required by section 3301.0710 of the Revised Code to any person
requesting to take such test pursuant to division (B)(5)(6)(b)
of
section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable
scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests administered and if the person has
previously
attained the applicable scores on all the other tests
required by
division (B) of that section or has been exempted or
excused from
any such test pursuant to division (H) of this
section or
division (C)(1) of section 3301.0711 or section
3313.532 of the
Revised Code.
(D) Each diploma awarded under this section shall be
signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under
state board of education minimum standards to receive a
high
school diploma based in whole or in part on credits earned
while
an inmate of a correctional institution operated by the
state or
any political subdivision thereof, shall be granted such
diploma
by the correctional institution operating the programs in
which
such credits were earned, and by the board of education of
the
school district in which the inmate resided immediately prior
to
the inmate's placement in the institution. The diploma
granted by
the
correctional institution shall be signed by the director of
the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma
by the correctional institution offering the program in
which the
credits were earned. The diploma granted by the
correctional
institution shall be signed by the director of the
institution and
by the person serving as principal of the
institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
social
studies designated under division (B) of section 3301.0710 of the
Revised Code or the test in
citizenship designated under
former
division (B) of section 3301.0710 of
the Revised Code
as it
existed prior to the effective date of this amendment:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to
reside in the
United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of
section
3325.08 of the Revised Code
that a student has received a diploma
under that section, the board of
education receiving the notice
may grant a high school diploma under this
section to the student,
except that such board shall grant the student a
diploma if the
student meets the graduation requirements that the student
would
otherwise have had to meet to receive a diploma from the district.
The
diploma granted under this section shall be of
the same type
the notice indicates the student received under section 3325.08
of
the Revised Code.
(K) As used in this division, "English-limited student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code.
Notwithstanding the exemption for English-limited students
provided in
division (C)(3) of section 3301.0711 of the Revised
Code, no English-limited student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
five proficiency
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.611. (A) The state board of education shall
adopt, by rule, standards for awarding high school credit
equivalent to credit for completion of high school academic and
vocational education courses to applicants for diplomas under
this
section. The standards may permit high school credit to be
granted to an applicant for any of the following:
(1) Work experiences or experiences as a volunteer;
(2) Completion of academic, vocational, or
self-improvement
courses offered to persons over the age of
twenty-one by a
chartered public or nonpublic school;
(3) Completion of academic, vocational, or
self-improvement
courses offered by an organization, individual,
or educational
institution other than a chartered public or
nonpublic school;
(4) Other life experiences considered by the board to
provide knowledge and learning experiences comparable to that
gained in a classroom setting.
(B) The board of education of any city, exempted village,
or
local school district that operates a high school shall grant
a
diploma of adult education to any applicant if all of the
following apply:
(1) The applicant is a resident of the district;
(2) The applicant is over the age of twenty-one and has
not
been issued a diploma as provided in section 3313.61 of the
Revised Code;
(3) The applicant has attained the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all of the tests required by that division or was excused
or exempted from any such test pursuant to division (C)(1) of
section 3301.0711, section 3313.532, or division (H) of section
3313.61 of the Revised Code;
(4) The district board determines, in accordance with the
standards adopted under division (A) of this section, that the
applicant has attained sufficient high school credits, including
equivalent credits awarded under such standards, to qualify as
having successfully completed the curriculum required by the
district for graduation.
(C) If a district board determines that an applicant is
not
eligible for a diploma under division (B) of this section, it
shall inform the applicant of the reason the applicant is
ineligible and shall provide a list of any courses required for
the diploma
for
which the applicant has not received credit. An
applicant may
reapply for a diploma under this section at any
time.
(D) If a district board awards an adult education diploma
under this section, the president and treasurer of the board and
the superintendent of schools shall sign it. Each diploma shall
bear the date of its issuance, be in such form as the district
board prescribes, and be paid for from the district's general
fund, except that the state board may by rule prescribe standard
language to be included on each diploma.
(E) As used in this division, "English-limited student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code.
Notwithstanding the exemption for English-limited students
provided in
division (C)(3) of section 3301.0711 of the Revised
Code, no English-limited student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
five proficiency
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.612.
On and after September 15, 1998, no
No
nonpublic school chartered by the state board of education shall
grant any high school diploma to any person unless the person has
attained at least the applicable scores designated under division
(B) of section 3301.0710 of the Revised Code on all the tests
required by that division except as follows:
(A) This prohibition does not apply to any person with
regard to any test from which the person was excused pursuant to
division (C)(1) of section 3301.0711 of the Revised Code;
(B) This prohibition does not apply to any person with
regard to the
citizenship
social studies test
or the citizenship
test under former division (B) of section 3301.0710 of the Revised
Code as it existed prior to the effective date of this amendment
if all of the
following apply:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to
reside in the
United States after completion of high school.
(C) As used in this division, "English-limited student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code.
Notwithstanding the exemption for English-limited students
provided in
division (C)(3) of section 3301.0711 of the Revised
Code, no English-limited student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
five proficiency
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.978. (A) Annually by the first day of
November,
the superintendent of public instruction shall notify the
pilot
project school district of the number of initial
scholarships that
the state superintendent will be awarding in
each of grades
kindergarten through third.
The state superintendent shall provide information about the
scholarship program
to all students residing in the district,
shall accept
applications from any
such students until such date
as shall be established by the
state superintendent as a
deadline
for applications, and shall establish criteria for the selection
of
students to receive
scholarships from among all those applying
prior to the
deadline, which criteria shall give preference to
students from
low-income families. For each student selected, the
state superintendent
shall also determine whether the student
qualifies for seventy-five or ninety
per cent of the scholarship
amount. Students whose family income is at or
above two hundred
per cent of the maximum income level established by the
state
superintendent for low-income families shall qualify for
seventy-five
per cent of
the scholarship amount and students whose
family income is below two hundred
per cent of that maximum income
level shall qualify for ninety per cent of the
scholarship amount.
The state superintendent shall notify
students of their selection
prior to the fifteenth day of January and
whether they qualify for
seventy-five or ninety per cent of the scholarship
amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative
public school by notifying the
district superintendent, at any time before the beginning of the
school year,
of the name of the public school in an adjacent
school district
to which the student has been
accepted pursuant to
section 3327.06 of the Revised
Code.
(2) A student may decide to utilize a pilot project
scholarship at
a registered private school in the district if all
of the
following conditions are met:
(a) By the fifteenth day of February of the
preceding school
year, or at any time prior to the start of the
school year, the
parent makes an application on behalf of the
student to a
registered private school.
(b) The registered private school notifies the
parent and
the state superintendent as follows that the
student has been
admitted:
(i) By the fifteenth day of March of
the preceding school
year if the student filed an application by the
fifteenth day of
February and was admitted by the school
pursuant to division (A)
of section 3313.977 of the
Revised Code;
(ii) Within one week of the decision to admit
the student if
the student is admitted pursuant to division
(C) of section
3313.977 of the
Revised Code.
(c) The student actually enrolls in the
registered private
school to which the student was first admitted or in
another
registered private school in the district or in a public school
in
an adjacent school district.
(B) The state superintendent shall also award in
any school
year tutorial assistance grants to a number of
students
equal to
the number of students who receive scholarships under
division (A)
of this section. Tutorial assistance
grants shall be awarded
solely to students who are enrolled
in the public schools of the
district in a grade level covered by
the
pilot project. Tutorial
assistance
grants may be used solely to obtain
tutorial assistance
from a provider approved pursuant to division
(D) of section
3313.976 of the Revised
Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the
first
day of
the school year in which the
assistance will be used. The
state superintendent shall
award assistance grants in accordance
with criteria the superintendent shall
establish. For each
student awarded a grant, the state superintendent shall
also
determine whether the student qualifies for seventy-five
or ninety
per cent of the grant amount and so notify the student. Students
whose family income is at or above two hundred per cent of the
maximum income
level established by the state superintendent for
low-income families shall
qualify for
seventy-five per cent of the
grant amount and students whose family income is
below two hundred
per cent of that maximum income level shall qualify for
ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships, the
scholarship
amount shall not exceed the lesser of the tuition
charges of the
alternative school the scholarship recipient
attends or an amount
established by the state superintendent not in excess
of
twenty-five hundred dollars.
(2) The state superintendent shall provide for an increase
in the basic
scholarship amount in the case of any student who is
a
mainstreamed handicapped student and shall further increase such
amount in the case of any separately educated handicapped child.
Such increases shall take into account the instruction, related
services, and transportation costs of educating such students.
(3) In the case of tutorial
assistance grants, the grant
amount shall not exceed the
lesser of the provider's actual
charges for such assistance or a
percentage established by the
state superintendent, not to exceed twenty
per cent, of the amount
of the pilot project school district's
average basic scholarship
amount.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such
scholarship or grant pursuant to division
(C)(1), (2), or (3) of this
section will be furnished by a
political subdivision, a private
nonprofit or for profit entity,
or another person. Only
seventy-five or ninety per cent of such
amounts, as applicable, shall be paid
from state funds pursuant to
section 3313.979 of the Revised
Code.
(D)(1) Annually by the first day of
November, the state
superintendent shall estimate the maximum
per-pupil
scholarship
amounts for the ensuing school year. The state
superintendent
shall make this estimate available to the
general
public at the
offices of the district board of education together
with the
forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of
January, the chief
administrator of each registered
private school located in the
pilot project district and the
principal of each public school in
such
district shall complete a parental information form and
forward
it to the president of the board of education. The
parental
information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts,
proficiency
examination
achievement test results, and any sectarian or other
organizational
affiliations.
Sec. 3314.03. (A) Each contract entered into under section
3314.02 of the Revised Code between a sponsor and the governing
authority of a
community school shall specify the following:
(1) That the school shall be established as a nonprofit
corporation established under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
proficiency
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code;
(6) Dismissal procedures;
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements and procedures for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers, including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0714,
3313.50, 3313.643, 3313.66, 3313.661, 3313.662,
3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.80,
3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52
and
Chapters 117., 1347., 2744., 3365., 4112., 4123., 4141., and
4167. of
the Revised Code as if it were a school district;
(e) The school shall comply with Chapter 102. of the Revised
Code except that nothing in that chapter shall prohibit a
member
of the school's governing board from also being an employee
of the
school and nothing in that chapter or section 2921.42 of
the
Revised Code shall prohibit a member of the
school's governing
board from having an interest in a contract into which the
governing board enters;
(f) The school will comply with sections 3313.61 and
3313.611 of the Revised Code, except that the
requirement in those
sections that a person must successfully
complete the curriculum
in any high school prior to receiving a
high school diploma may be
met by completing the curriculum adopted by the
governing
authority of the community school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education;
(g) The school governing authority will submit an annual
report
of its activities and progress in meeting the goals and
standards of divisions
(A)(3) and (4) of this section and its
financial status to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The school will
collect and provide
any data that the
legislative office of education oversight requests in
furtherance
of any study or research that the general assembly requires the
office to conduct, including the studies required under Section
50.39
of Am. Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year and shall not exceed five years;
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in section 3314.06
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
Sec. 3317.012. (A) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1996,
performed the calculation described in division
(B) of this
section, and adjusted the results for inflation, hereby
determines
that the
base cost of an adequate education per pupil for the
fiscal year beginning
July 1, 1998, is $4,063. For
the five
following fiscal years,
the base cost per pupil for each of
those
years, reflecting an annual rate of inflation of two and
eight-tenths
per cent, is $4,177 for fiscal year 2000, $4,294 for
fiscal year 2001, $4,414
for fiscal year 2002,
$4,538 for fiscal
year 2003, and $4,665 for fiscal year 2004.
(B) In
determining the base cost stated in division (A) of
this section,
capital and debt costs,
costs paid for by federal
funds, and costs covered by funds
provided pursuant to sections
3317.023 and 3317.024 of the Revised Code as they existed prior
to
July 1, 1998, for disadvantaged pupil impact aid
and
transportation were excluded, as were the effects on the
districts' state
funds of the application of the
cost-of-doing-business factors, assuming an
eighteen per cent
variance.
The base cost for fiscal year 1996 was calculated as the
unweighted average
cost per student, on a school district basis,
of educating students who were
not receiving vocational education
or services pursuant to
Chapter 3323. of the
Revised
Code and who
were enrolled in a
city, exempted village, or local school
district that in
fiscal year 1994 met all of the following
criteria:
(1) The district met at least all but one of the following
performance
standards
indicators:
(a) A three per cent or lower dropout rate;
(b) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed under
former
division (A)(1)
of section 3301.0710 of the Revised Code;
(c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under
former division
(A)(1) of
section 3301.0710 of the Revised Code;
(d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under
former division
(A)(1) of
section 3301.0710 of the Revised Code;
(e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under
former
division (A)(1)
of section 3301.0710 of the Revised Code;
(f) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed under former
division
(B) of section 3301.0710 of the Revised Code;
(g) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed under former division
(B)
of section 3301.0710 of the Revised Code;
(h) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed under former division
(B)
of section 3301.0710 of the Revised Code;
(i) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed under former
division
(B) of section 3301.0710 of the Revised Code;
(j) At least eighty-five per cent of tenth graders
proficient
on the mathematics test prescribed under former
division (B) of
section
3301.0710 of the Revised Code;
(k) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed under former division
(B) of section
3301.0710 of the Revised Code;
(l) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed under former division
(B) of section
3301.0710 of the Revised Code;
(m) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed under former
division (B) of
section 3301.0710 of the Revised Code;
(n) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed under
former division (A)(3) of
section
3301.0710 of the Revised Code;
(o) At least sixty per cent of twelfth graders proficient
on
the reading test prescribed under
former division (A)(3) of
section
3301.0710 of the Revised Code;
(p) At least sixty per cent of twelfth graders proficient
on
the writing test prescribed under
former division (A)(3) of
section
3301.0710 of the Revised Code;
(q) At least sixty per cent of twelfth graders proficient
on
the citizenship test prescribed under
former division (A)(3) of
section
3301.0710 of the Revised Code;
(r) An attendance rate for the
year of at least ninety-three
per cent as defined in
section 3302.01 of the
Revised
Code.
(2) The district was not among the ten per cent of all
districts with the highest income factors, as defined in section
3317.02 of the Revised
Code, nor among the ten per
cent of all
districts with the lowest income factors.
(3) The district was not among the five per cent of all
districts with the highest valuation per pupil in ADM, as reported
under division (A) of section 3317.03 of the Revised
Code as it
existed prior to July 1, 1998, nor among the
five per cent of all
districts with the lowest valuation per
pupil.
(C) In July of 2000, and in July of every six
years
thereafter, the speaker of the house of representatives and the
president of the senate shall each appoint three members to a
committee to reexamine the cost of an adequate education. No
more
than two members from any political party shall represent
each
house. The director of budget and management and the
superintendent of public instruction shall serve as nonvoting ex
officio members of the committee.
The committee shall select a rational methodology for
calculating the costs of an adequate education system for the
ensuing six-year period, and shall report the methodology and
the
resulting costs to the general assembly. In
performing its
function, the committee is not bound by any
method used by
previous general assemblies to examine and
calculate costs and
instead may utilize any rational method it
deems suitable and
reasonable given the educational needs and
requirements of the
state at that time.
The methodology for determining the cost of an adequate
education system shall take into account the basic
educational
costs that all districts incur in educating regular
students, the
unique needs of special categories of students,
and significant
special conditions encountered by certain
classifications of
school districts.
Any committee appointed pursuant to this section shall
make
its report to the office of budget and management and the
general
assembly within six months of its appointment
so that the
information is available for use by the office and the general
assembly in preparing the next biennial appropriations
act.
Sec. 3317.029. (A) As used in this section:
(1) "DPIA percentage" means the quotient
obtained by
dividing the five-year average number of children
ages five to
seventeen residing in the school district and
living in a family
receiving family assistance, as certified or adjusted
under
section 3317.10 of the Revised Code, by the district's
three-year
average formula ADM.
(2) "Family assistance" means assistance received under
the
Ohio works first program
or, for the purpose of determining the
five-year average number of
recipients of family assistance in
fiscal years 1999 through
2002, assistance received under an
antecedent program known as
TANF or ADC.
(3) "Statewide DPIA
percentage" means the five-year average
of the total number of
children ages five to seventeen years
residing in the state and
receiving family assistance, divided by
the
sum of the three-year average formula ADMs
for all school
districts in the state.
(4) "DPIA index"
means the quotient obtained by dividing the
school district's DPIA percentage
by the statewide DPIA
percentage.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten.
(6) "Kindergarten through third grade
ADM" means the amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
(7) "Statewide average teacher salary" means forty thousand
one hundred
eighty-seven dollars in
fiscal year 2000, and
forty-one thousand three hundred twelve dollars
in fiscal year
2001, which includes an amount for the
value of fringe benefits.
(8) "All-day kindergarten" means a
kindergarten class that
is in session five days per week for not
less than the same number
of clock hours each day as for pupils
in grades one through six.
(9) "All-day kindergarten percentage" means the percentage
of a
district's actual total number of students enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(10) "Buildings with the highest concentration of need"
means the school
buildings in a district with percentages of
students receiving family
assistance in grades kindergarten
through three at least as high as the
district-wide percentage of
students receiving family assistance.
If, however, the
information provided by the department of
job and family services
under section 3317.10 of the
Revised
Code is insufficient to
determine the family assistance percentage in each building,
"buildings with the highest concentration of need" has the
meaning
given in rules that the department of education shall
adopt. The
rules shall base the definition of "buildings with
the highest
concentration of need" on family income of students in
grades
kindergarten through three in a manner that, to the extent
possible
with available data, approximates the intent of this
division
and division (G) of this
section to designate buildings
where the family assistance
percentage in those grades equals or
exceeds the district-wide
family assistance percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code, a
school district shall
receive the greater of the amount the
district received in fiscal
year 1998 pursuant to division (B) of
section
3317.023 of the Revised Code as it
existed at that time or
the sum of the
computations made under divisions (C) to (E) of
this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar
programs,
calculated as follows:
(1) If the DPIA index
of the school district is greater than
or equal to
thirty-five-hundredths, but less than one, an amount
obtained by
multiplying the five-year average number of pupils in
a
district receiving family assistance by two hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than
or equal to one,
an amount obtained by multiplying the
DPIA index
by two
hundred thirty dollars and multiplying that product by the
five-year average number of pupils in a district receiving
family
assistance.
(D) A payment for all-day kindergarten if the
DPIA index of
the school district is greater than or equal to one
or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred, calculated by
multiplying the all-day
kindergarten percentage
by the kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
DPIA index of the school
district as follows:
(a) If the DPIA
index of the school district is less than
six-tenths, the
formula number of teachers is 43.478, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty-three to one;
(b) If the DPIA index of the school
district is greater than
or equal to six-tenths, but less than
two and one-half, the
formula number of teachers is calculated as
follows:
43.478 + {[(DPIA index-0.6)/
1.9] X 23.188}Where 43.478 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to one; 1.9
is
the interval from a DPIA
index of six-tenths to a
DPIA index of
two and
one-half; and 23.188 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to
one.
(c) If the DPIA
index of the school district is greater than
or equal to
two and one-half, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
43.478, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty-three to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers salary.
(F) This division applies only to school districts whose
DPIA index is one or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by the five-year average number of pupils in a district
receiving
family assistance multiplied by two hundred thirty
dollars of the money
distributed under
this section may be
utilized for one or both of the
following:
(a) Programs designed to ensure that
schools are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(b) Remediation for students who have
failed or are in
danger of failing any of the
proficiency tests
administered
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) or
permitted under division (K) of this section,
all other funds
distributed under this section to districts subject to
this
division shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(G) Each district subject to division
(F) of this section
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(F)(3) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code and after consultation
with the
legislative office of education oversight, shall
determine for each school district subject to division (F) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (G) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(I) Any school district with a DPIA index less than one
and
a three-year average formula
ADM exceeding seventeen
thousand five
hundred shall first utilize funds received under
this section so
that, when combined with other funds of the district,
sufficient
funds exist to provide all-day kindergarten to at least the
number
of children in the district's all-day kindergarten
percentage.
Such a district shall expend at least seventy per
cent of the
remaining funds received under this section, and any
other
district with a DPIA
index less than one shall expend at
least
seventy per cent of all funds received under this
section, for any
of the following purposes:
(1) The purchase of technology for
instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described
by the
department of education;
(11) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(12) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
Each district shall submit to the department, in such format
and at such
time as the department shall specify, a report on the
programs for which it
expended funds under this division.
(J) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(K)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (F)(3) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3319.19. (A) Upon request, the board of county
commissioners
shall provide and equip offices in the county for
the use of the
superintendent of an educational service center,
and shall
provide heat, light, water,
and janitorial services for
such offices. Such offices shall be
the permanent headquarters of
the superintendent and shall be
used by the governing board of the
service center when it is in session.
Except as provided in
division (B) of this section, such offices
shall be located in the
county seat or, upon the approval of the
governing board, may be
located outside of the county seat.
(B) In the case of a service center formed under section
3311.053 of the Revised Code, the governing board shall
designate
the site of its offices. The board of county
commissioners of the
county in which the designated site is
located shall provide and
equip the offices as under division (A)
of this section, but the
costs of such offices and equipment not
covered by funds received
under section 307.031 of the Revised
Code shall be apportioned
among the boards of county
commissioners of all counties having
any territory in the area
under the control of the governing
board, according to
the proportion of pupils under the supervision
of such board
residing in the respective counties. Where there is
a dispute as
to the amount any board of county commissioners is
required to
pay, the probate judge of the county in which the
greatest number
of pupils under the supervision of the governing
board
reside shall apportion such costs among the boards of county
commissioners and notify each such board of its share of the
costs.
(C) By the first day of March of each year, the
superintendent of public instruction shall certify to the tax
commissioner the ADM and the number of full-time
licensed
employees of each educational service center for the
purposes of
the
distribution of funds to boards of county commissioners
required
under division (B) of section 307.031 of the Revised
Code. As
used in this section, "ADM" means the formula ADMs
of
all the local districts
having territory in the service center, as
certified in October of the
previous year by the service center
superintendent to the state board of education under section
3317.03 of the
Revised Code. As used in this
division, "licensed
employee" has the same meaning as in section 307.031 of
the
Revised Code.
(D) The superintendent of a service center may
annually
submit a proposal approved by the board of county
commissioners to
the state superintendent of public instruction,
in such manner and
by such date as specified by the state board
of education, for a
grant for the board of county commissioners
to do one of the
following:
(1) To improve or enhance the offices and equipment
provided
under division (A) or (B) of this section or section
3301.0712
3301.0718 of the Revised Code;
(2) If funds received under division (B) of section
307.031
of the Revised Code are insufficient to provide for the
actual
cost of meeting the requirements of division (A) or (B) of
this
section
3319.19 and division (A)(2) of section
3301.0712
3301.0718
of the
Revised Code, to provide funds to meet such costs.
Any service center superintendent intending to submit a
proposal
shall submit it to the board of county commissioners that
provides and equips the office of the superintendent for
approval
at least twenty days before the date of submission to the
superintendent of public instruction. The
superintendent of
public instruction shall evaluate the proposals
and select those
that will most benefit the local districts
supervised by the
governing boards under standards adopted by
the state board. For
each proposal selected for a grant, the
superintendent of public
instruction shall determine the grant
amount and, with the
approval of the superintendent and
the board of county
commissioners, may modify a grant proposal to
reflect the amount
of money available for the grant. The
superintendent of public
instruction shall notify the board of
county commissioners and the
tax commissioner of the selection of
the proposal as submitted or
modified and the amount of the
grant. If, pursuant to division
(C) of section 307.031 of the
Revised Code, the board of county
commissioners accepts the
proposal and grant, it shall expend the
funds as specified in the
grant proposal. If the board of county
commissioners rejects the
proposal and grant, the superintendent
of public instruction may
select another proposal from among the
district proposals that
initially failed to be selected for a
grant.
The state board of education shall adopt rules to implement
the requirements of this section.
Sec. 3321.041. If any school district requires as part of its
educational program that specified students attend school at times
beyond the normal school day, school week, or school year for the
purpose of providing those students with intervention services
under section 3301.0711, 3301.0715, or 3313.608 of the Revised
Code, the parent of any student who is of compulsory school age
and who under the district's specifications is required to attend
school at such times for intervention services shall send the
student to school at those times. The additional times that the
district requires the student to attend school for intervention
services shall be considered part of the student's and the
student's parent's respective obligations under this chapter.
Sec. 3321.38. (A) No parent, guardian, or other person
having care of a child of compulsory school age shall violate
any
provision of section 3321.01, 3321.03, 3321.04,
3321.041, 3321.07,
3321.10, 3321.19, 3321.20, or 3331.14 of the
Revised Code. The
juvenile court, which has exclusive
original jurisdiction over any
violation of this section pursuant to section
2151.23 of the
Revised Code, may require a person convicted of violating this
division to give bond in a sum of not more
than five hundred
dollars with
sureties to the approval of the court, conditioned
that the person will cause
the child under the person's charge to
attend upon instruction as
provided by law, and remain as a pupil
in the school or class
during the term prescribed by law.
If the
juvenile court adjudicates the child as an unruly or
delinquent
child for being an habitual or chronic truant pursuant to
section
2151.35 of the Revised Code, the court shall warn the
parent,
guardian, or other person having care of the child that any
subsequent
adjudication of that nature involving the child may
result in a criminal
charge against the parent, guardian, or other
person having care
of the child for a violation of division (C) of
section 2919.21 or
section 2919.24 of the Revised Code.
(B) This section does not relieve from prosecution and
conviction any parent, guardian, or other person upon further
violation of any provision in any of the sections specified in
division (A) of this section, any provision
of section 2919.222 or
2919.24 of the Revised
Code, or division (C) of section 2919.21 of
the Revised Code. A forfeiture of
the bond shall not relieve that
parent, guardian, or other person from
prosecution and conviction
upon further violation of any provision in any of
those sections
or that division.
(C) Section 4109.13 of the Revised Code applies to this
section.
Sec. 3324.02. (A) The department of education shall
construct
lists of existing assessment instruments it approves for
use by school
districts,
including any diagnostic assessment
developed in accordance with section 3301.079 of the Revised Code,
and may include on the lists
and make available to school
districts additional assessment
instruments developed by the
department. Wherever possible, the department
shall approve
assessment instruments that utilize nationally recognized
standards for scoring or are nationally normed. The lists of
instruments
shall include:
(1) Initial screening instruments for use in selecting
potentially gifted students for further assessment;
(2) Instruments for identifying gifted students
under
section 3324.03 of the Revised Code.
(B) The department, under Chapter 119. of the Revised Code,
shall
also adopt rules for the administration
of any tests or
assessment instruments it approves on the list required
by
division (A) of this section and for establishing the
scores or
performance levels required under section 3324.03 of the
Revised
Code.
(C) The department shall ensure that the approved list of
assessment instruments under this section includes instruments
that allow for appropriate screening and identification of gifted
minority and disadvantaged students, children with
disabilities,
and students for whom English is a second language.
(D) Districts shall select screening and identification
instruments from the approved lists for inclusion in their
district
policies.
Districts may use any diagnostic assessment
developed by the department under section 3301.079 of the Revised
Code to identify gifted students in accordance with directions for
such use provided by the department.
(E) The department shall make initial lists of approved
assessment instruments and the rules for the administration of the
instruments available by September 1, 1999.
Sec. 3324.03. The board of education of each school district
shall identify gifted students in grades kindergarten
through
twelve as follows:
(A) A student shall be identified as exhibiting "superior
cognitive ability" if the student did either of the following
within the
preceding twenty-four months:
(1) Scored two standard deviations above the mean, minus the
standard error of measurement, on an approved individual
standardized
intelligence test administered by a licensed
psychologist;
(2) Accomplished any one of the following:
(a) Scored at least two standard deviations above the mean,
minus
the standard error of measurement, on an approved
standardized group
intelligence test;
(b) Performed at or above the ninety-fifth percentile on an
approved individual or group standardized basic or composite
battery of a
nationally normed achievement test;
(c) Attained an approved score on one or more above-grade
level
standardized, nationally normed approved tests;
(d) Attained the appropriate results established by the
department of education on the applicable group of diagnostic
assessments in accordance with rules adopted under section
3301.0715 of the
Revised Code.
(B) A student shall be identified as exhibiting "specific
academic ability" superior to that of children of similar age in a
specific
academic ability field if
the student did either of the
following within
the preceding twenty-four months
the student
performs:
(1) Performed at or above the
ninety-fifth percentile at the
national
level on an approved individual or group standardized
achievement
test of specific academic ability in that field;
(2) Attained the appropriate results established by the
department on any of the applicable diagnostic assessments
established under section 3301.0715 of the Revised Code.
A
A student may be
identified as gifted in more than one
specific
academic ability field.
(C) A student shall be identified as exhibiting "creative
thinking ability" superior to children of a similar age, if within
the previous twenty-four months, the student scored one standard
deviation above the mean, minus the standard error of measurement,
on an approved individual or group intelligence test and also did
either of the following:
(1) Attained a sufficient score, as established by the
department
of education, on an approved individual or group test
of creative
ability;
(2) Exhibited sufficient performance, as established by the
department of education, on an approved checklist of creative
behaviors.
(D) A student shall be identified as exhibiting "visual or
performing arts ability" superior to that of children of similar
age if the student has done both of the
following:
(1) Demonstrated through a display of work, an audition, or
other
performance or exhibition, superior ability in a visual or
performing
arts area;
(2) Exhibited sufficient performance, as established by the
department of education, on an approved checklist of behaviors
related
to a specific arts area.
Sec. 3365.15.
No
This section does not apply to students
enrolled in twelfth grade after July 1, 2001.
No later than July 1,
1999, the board of regents shall adopt
rules under which it shall award
at least a five-hundred dollar
scholarship to each student who both:
(A) After July 1, 1998, and while the student attends
twelfth grade, attains
on all five tests at least the
applicable
scores designated under
former division (A)(3) of section
3301.0710 of the Revised Code
on all five tests prescribed under
that division;
(B) Submits to the board of regents, in the
form and manner
and by any deadline prescribed by the rules, evidence of
having
enrolled in a state-assisted college or university, a nonprofit
institution holding a certificate of authorization pursuant to
Chapter 1713.
of the Revised Code,
or an institution registered by
the state board of proprietary school
registration that has
program authorization to award an associate or
bachelor's degree.
The board of regents shall pay each scholarship awarded under
this section
to the student. It may be used to defray any
educational expenses.
Section 2. That existing sections 307.031, 3301.07, 3301.079,
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0717, 3301.801,
3301.91, 3302.02, 3302.03, 3302.04, 3313.60, 3313.608, 3313.6011,
3313.61, 3313.611, 3313.612, 3313.978, 3314.03, 3317.012,
3317.029, 3319.19, 3321.38, 3324.02, 3324.03, and 3365.15 and
sections
3301.0715 and 3301.0716 of the Revised Code are hereby
repealed.
Section 3. That section 3313.608 of the Revised Code be
amended to read as follows:
Sec. 3313.608.
This section does not apply to students who
enter the fourth grade after July 1, 2003.
(A)
For each school year prior to July 1, 2004, for the test
to measure skill in reading prescribed by former division (A)(1)
of section 3301.0710 of the Revised Code, the state board of
education shall establish at least four ranges of scores to
measure the following levels of skill:
(1) An advanced level of skill;
(2) A proficient level of skill;
(3) A basic level of skill;
(4) A below basic level of skill.
(B) Beginning with students who enter
fourth
third grade in
the
school year that starts July 1,
2001
2003,
for any student who
attains a score in the range designated under division
(A)(4)(2)(d) of
this section
3301.0710 of the Revised Code on
such
reading
the test
prescribed under that section to measure skill in
reading expected at the end of third grade, each school district,
in accordance with the policy adopted under section 3313.609 of
the Revised Code, shall do one of the following:
(1) Promote the student to
fifth
fourth grade if the
student's principal and reading teacher agree that other
evaluations of the student's skill in reading demonstrate that the
student is academically prepared to be promoted to
fifth
fourth
grade;
(2) Promote the student to
fifth
fourth grade but provide the
student with intensive intervention services in
fifth
fourth
grade;
(3) Retain the student in
fourth
third grade.
This section does not apply to any student excused from
taking such test under division (C)(1) of section 3301.0711 of the
Revised Code.
(C)(B)(1) To assist students in meeting this
fourth
third
grade guarantee
established by this section, each school
district
shall adopt policies and procedures with which it shall annually
assess
the reading skills of each student at the end of first,
and second,
and third grade and identify
students who are reading
below
their grade level.
If the
diagnostic assessment to measure
reading ability for the
appropriate grade level has been developed
in accordance with
division (D)(1) of section 3301.079 of the
Revised Code, each
school district shall use such diagnostic
assessment to identify such students, except that any district
declared a "high-performing district" under division (E) of
section 3301.0715 of the Revised Code may use another assessment
to identify such students. The
policy
policies and procedures
shall require the
students' classroom teachers to be involved in
the assessment and the
identification of students reading below
grade level.
The district shall notify the parent or guardian of
each student
whose reading skills are below grade level and, in
accordance
with division
(D)(C) of this section, provide
intervention services to each
student reading below grade level.
(2)
For each student identified as reading below grade
level
at the end of third grade, the district shall offer
intense
remediation services during the summer following third
grade.
(3) For each student entering
fourth
third grade after July
1, 2001
2003,
who does not attain by the end of the
fourth
third
grade at least a score
in the range designated under division
(A)(2)(b) of
this section
3301.0710 of the Revised Code on the
test prescribed under that section to measure skill in reading
expected at the end of third grade, the district
also shall offer
intense remediation services, and another
opportunity to take that
test, during the summer following
fourth
third grade.
(D)(C) For each student
required to be offered remediation
services under this section,
the district shall involve the
student's parent or guardian and
classroom teacher in developing
the intervention strategy, and
shall offer to the parent or
guardian the opportunity to be
involved in the intervention
services.
(E) In addition to the
remediation requirements of division
(C) of this
section, every city, exempted village, or
local school
district shall offer
summer remediation to any
student who has
failed to attain the designated
scores indicating
proficiency on
three or more of the five tests described by former
division
(A)(1) or (2) of section 3301.0710 of the Revised Code.
(F)(D) Any summer remediation services funded in whole or
in
part by the state and offered by school districts to students
under this
section shall meet the following conditions:
(1) The remediation methods are based on reliable
educational
research.
(2) The school districts conduct testing before and after
students
participate in the program to facilitate monitoring
results of the
remediation services.
(3) The parents of participating students are involved in
programming
decisions.
(4) The services are conducted in a school building or
community
center and not on an at-home basis.
(E) In addition to the dates designated under division (C)(1)
of section 3301.0710 of the Revised Code for the administration of
the test prescribed under that section to measure skill in reading
expected at the end of third grade, the state board of education
shall annually designate dates on which such test shall be
administered to students in the fourth and fifth grades who have
not attained at least a score in the range designated under
division (A)(2)(b) of section 3301.0710 of the Revised Code as
follows:
(1) One date prior to the thirty-first day of December each
school year for fourth grade students;
(2) One date that is not earlier than Monday of the week
containing the fifteenth day of March each school year for fourth
and fifth grade students;
(3) One date during the summer for fourth grade students.
(F) If any fourth grade student attains a score in the range
designated under division (A)(2)(d) of section 3301.0710 of the
Revised Code, on the test administered under division (E)(3) of
this section, the school district, in accordance with the district
policy adopted under section 3313.609 of the Revised Code, shall
do one of the following:
(1) Promote the student to fifth grade if the student's
principal and reading teacher agree that other evaluations of the
student's skill in reading demonstrate that the student is
academically prepared to be promoted to fifth grade;
(2) Promote the student to fifth grade but provide the
student with intensive intervention services in fifth grade;
(3) Retain the student in fourth grade.
Section 4. That existing section 3313.608 of the Revised Code
is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
July 1, 2003.
Section 6. That Section 4 of Am. Sub. S.B. 55 of the 122nd
General Assembly is hereby repealed.
Section 7. Not later than July 1, 2001, pursuant to section
3301.079 of the Revised Code, as enacted by this act, the State
Board of Education shall develop statewide academic standards for
grade three in reading and for grade ten in reading, writing, and
mathematics.
Section 8. Notwithstanding division (E)(2) of section
3301.079 of the Revised Code, as enacted by this act, in the
school year beginning July 1, 2002, the high school achievement
tests in reading, writing, and mathematics required under division
(B) of section 3301.0710 of the Revised Code, as amended by this
act, shall replace, for students enrolled in tenth grade after
that date, the high school proficiency tests in reading, writing,
and mathematics required under former division (B) of section
3301.0710 of the Revised Code, as it existed prior to the
effective date of this act.
Section 9. (A) Notwithstanding sections 3301.0710 and
3301.0711 of the Revised Code, as amended by Am. Sub. S.B. 55 of
the 122nd General Assembly and as further amended by this act, the
State Board of Education shall continue to prescribe and school
districts shall continue to administer, through the school year
that begins July 1, 2003, ninth grade proficiency tests as they
were
required by those sections prior to the effective date of Am.
Sub.
S.B. 55 of the 122nd General Assembly to all students who
entered
the ninth grade prior to July 1, 2001.
Any student subject to the phase-in provisions of this
division is exempt from the requirement to take any tenth grade
achievement test if any are administered to the student's grade
level. Any such student, and any former student, who passes all
parts of the ninth grade proficiency tests prior to September 15,
2004, may receive a diploma based on the passage of such ninth
grade tests. Thereafter, except as provided in division (B) of
this section, any such student must pass the tenth grade
achievement tests to receive a diploma.
(B) In addition, ninth grade proficiency tests in science and
citizenship shall continue to be prescribed and administered to
all students who enter the tenth grade prior to the second year
following the year of completion of the model curriculum for tenth
grade science and social studies as required by section 3301.079
of the Revised Code, as enacted by this act, and shall continue to
be administered to those students through the fourth year
following the year of completion of such model curriculum.
Any such student, and any former student, who passes the
ninth grade proficiency test in science or citizenship prior to
the fifth year after the year of completion of the model
curriculum for tenth grade science and social studies may receive
a diploma based upon passage of such applicable ninth grade tests
and the concurrently required tenth grade tests in reading,
writing, and mathematics.
Thereafter, any such student must pass
the tenth grade tests in
science and social studies to receive a
diploma.
Section 10. Notwithstanding section 3301.0712 of the Revised
Code, as enacted by this act, in the school year beginning July 1,
2003, the Department of Education and each school district shall
administer the test to measure skill in reading required under
former division (A)(1) of section 3301.0710 of the Revised Code,
as it existed prior to the effective date of this act, to all
students enrolled in the fourth grade. The Department and each
school district shall also administer the test to measure skill in
reading required under division (A)(1)(a) of section 3301.0710 of
the Revised Code, as amended by this act, to all students enrolled
in the third grade.
Any fourth grade student subject to this section shall also
be subject to the version of section 3313.608 of the Revised Code
in effect prior to July 1, 2003.
Section 11. Until such time as the state board of education
adopts a new rule holding school districts responsible for
individual school buildings within the district pursuant to
section 3302.04 of the Revised Code, as amended by this act, the
rules adopted under that section in effect on the effective date
of this act shall be deemed to apply to school districts with
respect to their individual buildings as well as to the school
districts as entire entities.
Section 12. The amendment of section 3301.91 of the Revised
Code is not intended to supersede the earlier repeal, with delayed
effective date, of that section.
Section 13. Section 3314.03 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 121 and Am. Sub. H.B. 282 of the 123rd General Assembly.
This is in recognition of the principle stated in division (B) of
section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect
prior to the effective date of this act.