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(125th General Assembly)
(Amended Substitute House Bill Number 3)
AN ACT
To amend sections 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.608, 3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.023, 3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412; to enact sections 3302.021 and 3314.033, and to repeal sections 3301.0713 and 3365.15 of the Revised Code to comply with the "No Child Left Behind Act of 2001" by revising the system of statewide achievement testing to include annual achievement tests in reading and math in grades three through eight; requiring the State Board of Education to designate five ranges of scores on the achievement tests; requiring an annual determination of a district's progress toward meeting a "proficient" level of achievement (AYP); requiring school districts to provide intervention services to students scoring below the "proficient" level on achievement tests; prohibiting exemptions from taking achievement tests for limited English proficient students; making the administration of diagnostic assessments to certain students in grades three through eight voluntary; adding calculations of a performance index score to determinations of school district and building performance ratings; directing the Department of Education to implement a value-added progress dimension and to incorporate it into the district and building report cards by July 1, 2007; creating the Ohio Accountability Task Force to examine the implementation of the value-added factor and to make recommendations regarding the state's accountability system; requiring the inclusion of "highly qualified" teacher data on the report cards; requiring the disaggregation of student performance data according to disability, limited English proficient status, and migrant status and eliminating disaggregation of data by vocational education status; specifying the sanctions for school districts and buildings, including community schools, that fail to meet performance standards; to require the State Board of Education to recommend standards for the operation of Internet- and computer-based community schools; to make other changes to the Community School Law; to make changes in the authority of the Ohio Tuition Trust Authority to administer its programs; to specify that school districts need not attach a certificate of available resources to current payrolls and employment contracts for all district employees and officers; to eliminate the requirement that certain rules proposed by the State Board of Education be approved by the General Assembly before taking effect; to permit a student who relocates or whose parent relocates outside of the school district in which the student is entitled to attend school after the end of the first full week in October and who is enrolled in a school of that district prior to that time to continue to attend school in that district free of tuition for the balance of the school year; to require school district aid payments to reflect biannual ADM; to define tuition calculations for purposes of tuition caps for certain state colleges and universities; to supersede provisions of Section 41.06 of Am. Sub. H.B. 95 of the 125th General Assembly prescribing terms for earmarked funds for training of community school sponsors; to clarify that the reappraisal guarantee calculation does not include the charge-off supplement; to clarify that reappraisal guarantee calculations for fiscal year 2005 include fiscal year 2004 transitional aid payments; to amend the version of section 3313.65 of the Revised Code that is scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.023, 3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412 be amended and sections 3302.021 and 3314.033 of the Revised Code be enacted to read as follows:
Sec. 3301.079. (A)(1) Not later than December 31, 2001,
the
state board of education shall adopt
statewide academic
standards
for each of grades kindergarten
through twelve in
reading,
writing, and mathematics. Not later than December 31,
2002, the
state board shall adopt statewide academic standards for
each of
grades kindergarten through twelve in science and
social
studies.
The standards shall specify the academic content
and
skills that
students are expected to know and be able to do
at
each grade
level. (2) When academic standards have been
completed for any
subject area required by this division, the
state board shall
inform all
school districts of the content of
those standards. (B) Not later than eighteen months after the completion of
academic
standards for any subject area required by division (A)
of this section, the state board
shall adopt a model curriculum
for instruction in that subject
area for each of grades
kindergarten through twelve that is sufficient to meet the needs
of students in every community. 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.
When any model curriculum has
been completed, the state board
shall inform all school districts
of the content of that model
curriculum. All
school districts may utilize the state standards and 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. (C) The state board shall develop achievement tests aligned
with the academic standards and model curriculum for each of the
subject areas and grade levels required by section 3301.0710 of
the Revised Code. 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 in the
school year
indicated in section
3301.0712 of the Revised Code. (D)(1) Not later than July 1, 2007, and except as provided
in
division (D)(3) of this section, the state board shall adopt a
diagnostic assessment aligned with the academic standards and
model curriculum for each of grades kindergarten through two in
reading, writing, and mathematics and for each of grades three
through eight in reading, writing, mathematics, science, and
social studies. The diagnostic assessment shall be designed to
measure student comprehension of academic content and mastery of
related skills for the relevant subject area and grade level. Any
diagnostic assessment shall not include components to
identify
gifted
students. Blank copies
of diagnostic tests shall be public
records. (2)
When each 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 at no cost to the
district.
School
districts shall administer the diagnostic
assessment
pursuant to
section 3301.0715 of the Revised Code
beginning the
first school
year following the development of the
assessment. (3) The state board shall not adopt a diagnostic assessment
for any subject area and grade level for which the state board
develops an achievement test under division (C) of this section. (E) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement tests, or model
curriculum required under this section, the state board or the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel,
and administrators with
expertise in the appropriate subject area.
Whenever practicable,
the state board and
department shall consult
with teachers
recognized as outstanding
in their fields.
If the department contracts with more than one outside entity for the development of the achievement tests required by this section, the department shall ensure the interchangeability of those tests.
(F) Not later than forty-five days prior to any deadline
established under division (A) or (B) of this section for the
adoption of academic standards or model curricula, the
superintendent of public instruction shall present the relevant
academic standards or curricula to a joint meeting of the house of
representatives and senate committees with jurisdiction over
education legislation. (G) The fairness sensitivity review committee, established
by rule of the state board of education, shall not allow any
question on any achievement test or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior
to
the effective date of this section
September 11, 2001, to
include, be written to
promote, or inquire as to individual moral
or social values or
beliefs. The decision of the committee shall
be final. This
section does not create a private cause of action.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
achievement. The state board shall
ensure that all tests
administered under the testing program are
aligned with the
academic standards and model curricula adopted by
the state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
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
achievement in reading, writing,
mathematics,
science,
and
social studies.
(A)(1)
The state board shall prescribe all of the
following: (a) A Two statewide achievement test tests, one each designed to measure the
level of reading and mathematics skill expected at the end of third grade; (b) Two Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill expected at the
end of fourth grade; (c) Two Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social studies skill expected at
the end of fifth grade;
(d) Two statewide achievement tests, one each designed to measure the level of reading and mathematics skill expected at the end of sixth grade; (e) 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 (f) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
four five ranges of scores on each of the achievement tests described
in division divisions (A)(1) and (B) 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) An accelerated level of skill; (c) A proficient level of skill; (c)(d) A basic level of skill;
(d)(e) A below basic limited level of skill.
(B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing, mathematics, science, and
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
a
proficient level
of
skill
appropriate for
tenth grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such test that shall be deemed to be a passing score on the test as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code. The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
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
who has met
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 reading test prescribed under division
(A)(1)(a) of this
section, as follows: (a)
One date prior to the thirty-first day of
December each
school
year; (b) At least one date of each school year that is not
earlier
than Monday of the week containing the eighth day of
March; (c) One date during the summer for students
receiving summer
remediation services under
section 3313.608 of
the Revised
Code. (2) For the mathematics test prescribed under division (A)(1)(a) of this section and the tests prescribed under
divisions
(A)(1)(b),
(c), (d), and (e), and (f)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
eighth day of March; (3) 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)(3)
of
this section, the state 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 or federal law.
(F) Any committee established by the department of education for the purpose of making recommendations to the state board regarding the state board's designation of scores on the tests described by this section shall inform the state board of the probable percentage of students who would score in each of the ranges established under division (A)(2) of this section on the tests if the committee's recommendations are adopted by the state board. To the extent possible, these percentages shall be disaggregated by gender, major racial and ethnic groups, limited English proficient students, economically disadvantaged students, students with disabilities, and migrant students. If the state board intends to make any change to the committee's recommendations, the state board shall explain the intended change to the Ohio accountability task force established by section 3302.021 of the Revised Code. The task force shall recommend whether the state board should proceed to adopt the intended change. Nothing in this division shall require the state board to designate test scores based upon the recommendations of the task force.
Sec. 3301.0711. (A) The department of education shall: (1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents. (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) 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 reading test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(b)(c) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
section 3313.608 of
the Revised Code. (2) Administer the mathematics test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade. (3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade. (3)(4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(4)(5) Administer the tests prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade.
(6) Administer
the tests prescribed under division
(A)(1)(d)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade. (5)(7)
Administer
the tests prescribed under division (A)(1)(e)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(6)(8) Except as provided in division (B)(7)(9) of this
sections
section,
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.
(7)(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any
student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(6)(8)(b) of this section.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may 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
and
instead specifies an
alternate assessment method approved by the
department of
education as conforming to requirements of federal
law for receipt
of federal funds for disadvantaged pupils. To the
extent
possible, the individualized education program shall not
excuse
the student from taking a test unless no reasonable
accommodation
can be made to enable the student to take the test. (b) Any alternate assessment approved by the department
for
a student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised Code. (c) 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 limited English proficient student"
means a student whose
primary language is not English, who has
been enrolled in
United States schools for less than
three
full
school years, and who within the school year has been
identified,
in accordance with criteria provided by the department
of
education, as lacking adequate proficiency in English for a
test
under this section to produce valid results with respect to
that
student's academic progress has the same meaning as in 20 U.S.C. 7801.
A No school district board or governing authority of a nonpublic
school may grant a temporary, one-year exemption from any test
administered under this section to an English-limited student.
Not
more than three temporary one-year exemptions may be granted
to
any student shall excuse any limited English proficient student from taking any particular test required to be administered under this section, but a board may permit any limited English proficient student to take the test with appropriate accommodations, as determined by the department. During any school year in which a For each limited English proficient student is
excused
from taking one or more tests administered under this
section, the each
school district shall annually assess that student's progress
in learning
English, in accordance with procedures approved by the
department.
No
district board or
The governing authority of a
chartered
nonpublic school may excuse a limited English proficient student from taking any test administered under this section. However, no governing authority shall prohibit
an English-limited a limited English proficient student
from
taking a the test
under this section.
(D) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
the
effective
date of this amendment
September 11, 2001, 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
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
to demonstrate at least
a score at the proficient
level
on a proficiency the test or a score in the basic range on an
achievement test.
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
utilize any
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
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.
For any
tests administered under this section by a joint vocational school
district, the department shall also send to each city, local, or
exempted village school district a list of the individual test
scores of any students of such city, local, or exempted village
school district who are attending school in the joint vocational
school district. (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 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
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
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
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
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)(6)(8)(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 or 3301.0712 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 or 3301.0712 of the Revised Code to any
chartered nonpublic school electing to participate under this
division. (L)(1)
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
and in conformity
with
division (C)(1)(a) of this section. (2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent. (M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on the mathematics test described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on any of the
tests
described by division
(A)(1)(b), (c), (d), or (e), or (f) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade
level. (N)(1) All
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
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions on tests to ensure that different versions of the same test are of comparable difficulty. Field test questions and anchor questions shall not be considered in computing
test scores for
individual students. Field test questions and anchor questions may be
included
as part of the administration of any
test
required by
section
3301.0710 of the Revised Code. (3) Any field test question or anchor question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and
3301.0711 of the Revised Code, the state board of education shall
continue to
prescribe and the department of education and each
school district
shall continue to administer any proficiency test
as required by in accordance with
those former sections, as they existed prior to September 11, 2001, until the applicable test is no longer required to be administered as indicated on the chart below. When any
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 beginning in the school year indicated on the chart below. School districts shall continue to provide
intervention services as required under former division (D) of
section 3301.0711 of the Revised Code, as it existed prior to September 11, 2001, to students who fail to
attain a score in the proficient range on a fourth grade
proficiency test.
| | | | First administration | Proficiency | | Achievement | | in school year | Test | | Test | | beginning July 1 of |
4th grade reading | | 3rd grade reading | | | test | | test | | 2003 | 4th grade writing | | 4th grade writing | | | test | | test | | 2004 | 4th grade mathematics
| | 4th grade mathematics | | | test | | test | | 2004 | 4th grade science | | 5th grade science | | | test | | test | | 2005 | 4th grade citizenship | | 5th grade social | | | test | | studies test | | 2005 | 6th grade reading | | 7th grade reading | | | test | | test | | 2006 | 6th grade writing | | 7th grade writing | | | test | | test | | 2006 | 6th grade mathematics | | 7th grade mathematics | | | test | | test | | 2006 | 6th grade science
| | 8th grade science | | | test | | test | | 2006 | 6th grade citizenship | | 8th grade social | | | test | | studies test | | 2006 | 9th grade reading test | | Ohio graduation test in reading | | 2004 | 9th grade writing test | | Ohio graduation test in writing | | 2004 | 9th grade mathematics test | | Ohio graduation test in mathematics | | 2004 | 9th grade science test | | Ohio graduation test in science | | 2004 | 9th grade citizenship test | | Ohio graduation test in social studies
| | 2004 |
Proficiency Test |
Last administration in school year beginning July 1 of |
Achievement Test |
First administration in school year beginning July 1 of |
|
|
3rd grade reading test |
2003 |
|
|
3rd grade mathematics test |
2004 |
4th grade reading test |
2003 |
4th grade reading test |
2004 |
4th grade mathematics test |
2004 |
4th grade mathematics test |
2005 |
4th grade writing test |
2003 |
4th grade writing test |
2004 |
4th grade science test |
2004 |
5th grade science test |
2006 |
4th grade citizenship test |
2004 |
5th grade social studies test |
2006 |
|
|
5th grade reading test |
2004 |
|
|
5th grade mathematics test |
2005 |
6th grade reading test |
2004 |
6th grade reading test |
2005 |
6th grade mathematics test |
2004 |
6th grade mathematics test |
2005 |
6th grade writing test |
2004 |
7th grade writing test |
2006 |
|
|
7th grade reading test |
2005 |
|
|
7th grade mathematics test |
2004 |
6th grade science test |
2004 |
8th grade science test |
2006 |
6th grade citizenship test |
2004 |
8th grade social studies test |
2007 |
|
|
8th grade reading test |
2004 |
|
|
8th grade mathematics test |
2004 |
9th grade reading test |
2002, except as provided in division (B) of this section |
Ohio graduation test in reading |
2002 |
9th grade mathematics test |
2002, except as provided in division (B) of this section |
Ohio graduation test in mathematics |
2002 |
9th grade writing test |
2002, except as provided in division (B) of this section |
Ohio graduation test in writing |
2004 |
9th grade science test |
2002, except as provided in division (B) of this section |
Ohio graduation test in science |
2004 |
9th grade citizenship test |
2002, except as provided in division (B) of this section |
Ohio graduation test in social studies |
2004 |
(B) The Notwithstanding division (A) of this section, the state board shall continue to prescribe and school
districts and chartered nonpublic schools shall continue to
administer ninth grade proficiency tests in reading, writing,
mathematics, science, and citizenship to students who enter ninth
grade prior to July 1, 2003, for as long as those students remain
eligible under section 3313.614 of the Revised Code to receive
their high school diplomas based on passage of those ninth grade
proficiency tests. No student who enters ninth grade prior to
July 1, 2003, is required to take any Ohio graduation
test, even
if any are administered to the student's grade level,
until the
student is required by section 3313.614 of the Revised
Code to
pass Ohio graduation tests 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 as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code; (e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code; (f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code; (g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration. (h) Expulsion rates; (i) Suspension rates; (j) The percentage of students receiving corporal
punishment; (k) Dropout rates; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the district, 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. (4) Any data required to be collected pursuant to federal law. (C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following: (1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code. (2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building. (3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher; (b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category; (c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category. (4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract; (b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer; (c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category. (D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the data
acquisition site
operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
acquisition
site
to have
access to
such
information.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members. (2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section. Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data. Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls and shall remove all
references to the code in any
records retained in the district or school that
pertain to any
student no longer enrolled. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. (E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section. (F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code. (G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall: (1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district; (2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(e)(d) 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
forty-five days of the date
upon
which the
report was made by the department. (M) The department of education, after consultation
with the
Ohio education computer network, may provide at
no cost to school
districts uniform computer software for use in
reporting data to
the education management information system,
provided that no
school district shall be required to utilize
such software to
report data to the education management
information system if such
district is so reporting data in an
accurate, complete, and timely
manner in a format compatible
with that required by the education
management information
system. (N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system. (O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code. (Q) If the department cannot compile any of the information
required by division (D)(C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 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 each applicable diagnostic
assessment developed and provided to the district 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 reading,
writing, mathematics,
science, and social studies the following: (1) Each student enrolled in a building subject to division (E) of section 3302.04 of the Revised Code; (2) Any student who transfers into the district or to a different school within the district, within thirty days after the date of transfer; (3) Each kindergarten student, within six weeks after the first day of school. For the purpose of division (A)(3) of this section, the district shall administer the kindergarten readiness assessment provided by the department of education. (4) Each student enrolled in first or second grade. (B) Each district board shall administer each diagnostic
assessment as 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" amount of academic growth attributable to 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. Except as required by division (B)(1)(o) of section
3301.0714 of the Revised Code, neither the state board of education nor the
department
shall require school districts to report the results of
diagnostic
assessments for any students to the department or to
make any such
results available in any form to the public. After
the
administration of any diagnostic assessment, each district
shall
provide a student's completed diagnostic assessment, the
results
of such assessment, and any other accompanying documents
used
during the administration of the assessment to the parent of
that
student upon the parent's request. (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 declared excellent under section 3302.03 of
the Revised Code that made adequate yearly progress, as defined in section 3302.01 of the Revised Code, in the immediately preceding school year may assess student progress in grades one through eight using a diagnostic
assessment other than the diagnostic assessment required by
division (A) of this section.
(F) Within thirty days after a student transfers into a
school district or to a different school within the same district,
the district shall administer each diagnostic assessment required
under division (A) of this section to the student A district board may administer any diagnostic assessment provided to the district in accordance with section 3301.079 of the Revised Code to any student enrolled in a building that is not subject to division (A)(1) of this section. Any district electing to administer diagnostic assessments to students under this division shall provide intervention services to any such student whose diagnostic assessment shows unsatisfactory progress toward attaining the academic standards for the student's grade level.
Sec. 3301.801. (A) 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. (B) Not later than one year after
the effective
date of this
amendment, the department of education shall identify
research
studies on academic intervention and prevention practices that
have been
successful in improving the academic performance of
students from
different ethnic and socioeconomic groups, develop
an annotated
bibliography of such studies, and provide that
bibliography to the
Ohio SchoolNet commission. The commission
shall promptly make the
bibliography available to school districts
as a part of the
clearinghouse established under this section.
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, as it existed prior to September 11, 2001,
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. 3302.01. As used in this chapter: (A) "Dropout" means a
student who withdraws from school before completing course requirements for
graduation and who is not enrolled in an education program approved by the
state board of education or an education program outside the state. "Dropout"
does not include a student who has departed the country. (B) "Graduation rate" means a calculation of the percentage
of ninth grade students who graduate by the end of the summer
following their twelfth grade year. The graduation rate is the
ratio of the students receiving a diploma to the number of students who
entered ninth grade four years earlier. Students
who transfer into the district are added to the calculation.
Students who transfer out of the district for reasons other than
dropout are subtracted from the calculation. Students who do
not graduate within four years but who continue their high school
education in the
following year in the same school district are
removed from the calculation for the year in which they
would have graduated and are added to the
calculation for the following year's graduating
class as if the student had entered ninth grade four years before the intended
graduation date of that class. In each subsequent year that such students do
not graduate but continue their high school education uninterrupted in the
same school district, such students shall be reassigned to the district's
graduation rate for that year by assuming that the students entered ninth
grade four years before the date of the intended graduation. If a student who
was a dropout in any previous year returns to the same school district, that
student shall be entered into the calculation as if the student had entered
ninth grade four years before the graduation year of the graduating class that
the student joins. (C) "Attendance rate" means the ratio of the number of
students actually in attendance over the course of a school year
to the number of students who were required to be in attendance
that school year, as calculated pursuant to rules of the
superintendent of public instruction. (D) "Three-year average" means the average of the most
recent consecutive three school years of data. (E) "Required level of improvement" means
at least one standard unit of improvement
on at least the percentage of performance standards required to
demonstrate overall improvement, in accordance with the rule
approved under division (A) of section 3302.04 of the
Revised Code "Performance index score" means the average of the totals derived from calculations for each subject area of reading, writing, mathematics, science, and social studies of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the tests prescribed by divisions (A) and (B) of that section. The department of education shall assign weights such that students who do not take a test receive a weight of zero and students who take a test receive progressively larger weights dependent upon the level of skill attained on the test. The department shall also determine the performance index score a school district or building needs to achieve for the purpose of the performance ratings assigned pursuant to section 3302.03 of the Revised Code. Students shall be included in the "performance index score" in accordance with division (D)(2) of section 3302.03 of the Revised Code.
(F) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students.
(G) "Other academic indicators" means measures of student academic performance other than scores on tests administered under section 3301.0710 of the Revised Code, which shall be the attendance rate for elementary and middle schools and the graduation rate for high schools.
(H) "Annual measurable objective" means the yearly percentage of students, which shall be established by the state board, who must score at or above the proficient level on tests established under section 3301.0710 of the Revised Code in reading and mathematics administered to their grade level for a school district or a school building to be deemed to have made sufficient progress for that school year toward the goal of having all students scoring at or above the proficient level on such tests by June 30, 2014. For the school year that begins July 1, 2003, the state board shall establish an "annual measurable objective" in accordance with the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311. In the school year following the first administration of each test established under section 3301.0710 of the Revised Code, the state board shall use the results from such tests to make any necessary adjustments in the applicable annual measurable objective.
(I) "Adequate yearly progress," as required by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a measure of annual academic performance. "Adequate yearly progress" is made by a school district or a school building when, in accordance with division (D)(2) of section 3302.03 of the Revised Code, the district or building satisfies either divisions (I)(1) and (2) of this section or divisions (I)(1) and (3) of this section in the applicable school year:
(1) At least ninety-five per cent of the total student population and of each subgroup enrolled in the district or building at the time of the test administration takes each test in reading and mathematics prescribed by section 3301.0710 of the Revised Code that is administered to their grade level, except that this requirement shall not apply to any subgroup in the district or building that contains less than forty students. Those students taking a test with accommodations or an alternate assessment pursuant to division (C) of section 3301.0711 of the Revised Code shall be counted as taking that test for the purposes of this division.
(2) The total student population and each subgroup in the district or building, as defined in division (D)(2) of section 3302.03 of the Revised Code, meets or exceeds the annual measurable objective for that school year in reading and mathematics based upon data from the current school year or a three-year average of data and the district or building meets or exceeds the minimum threshold or makes progress on the other academic indicators for that school year. In calculating whether a district or building satisfies this division, the department shall include any subgroup in the district or building that contains thirty or more students, except that the department shall not include the subgroup described in division (F)(2) of this section unless such subgroup contains forty-five or more students. The determination of students in the subgroup described in division (F)(2) of this section who are not required to score at or above the proficient level on tests established under section 3301.0710 of the Revised Code for the purpose of determining whether a district or building satisfies this division shall comply with federal statutes, rules, and regulations.
(3) If the performance of the total student population or any subgroup in the district or building results in the failure of the district or building to satisfy division (I)(2) of this section, the district or building shall fulfill both of the following requirements with respect to the total student population or any pertinent subgroup:
(a) The percentage of students scoring below the proficient level on the applicable tests in the total student population or subgroup decreases by at least ten per cent from the percentage of such students in the total student population or subgroup in the preceding school year or from the average percentage of such students in the total student population or subgroup in the two preceding school years.
(b) The total student population or subgroup meets or exceeds the minimum threshold on the other academic indicators for that school year or makes progress toward meeting the minimum threshold on one of the other academic indicators for that school year. (J) "Supplemental educational services" means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6316.
(K) "Value-added progress dimension" means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement tests prescribed by section 3301.0710 of the Revised Code.
Sec. 3302.02.
The state board of education annually through
2006 2007, and
every six years thereafter, shall establish at
least
seventeen
performance indicators for the report cards
required by
division
(D)(C) of section 3302.03 of the Revised Code.
In
establishing these
indicators,
the state board shall consider
inclusion of student
performance on any tests given under section
3301.0710 or 3301.0712 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 state
board
shall notify all school districts of the
selected
performance
indicators
at least two years before they are
included
in
the
report card inform the Ohio accountability task force established under section 3302.021 of the Revised Code of the performance indicators it establishes under this section and the rationale for choosing each indicator and for determining how a school district or building meets that indicator. The state board shall not
establish any
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
reading guarantee
provisions of section
3313.608 of
the
Revised Code.
Sec. 3302.021. (A) Not earlier than July 1, 2005, and not later than July 1, 2007, the department of education shall implement a value-added progress dimension for school districts and buildings and shall incorporate the value-added progress dimension into the report cards and performance ratings issued for districts and buildings under section 3302.03 of the Revised Code. The state board of education shall adopt rules, pursuant to Chapter 119. of the Revised Code, for the implementation of the value-added progress dimension. In adopting rules, the state board shall consult with the Ohio accountability task force established under division (D) of this section. The rules adopted under this division shall specify both of the following:
(1) A scale for describing the levels of academic progress in reading and mathematics relative to a standard year of academic growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of individual student test scores and individual student reports in accordance with sections 3301.0711, 3301.0714, and 3319.321 of the Revised Code and federal law. The department may require school districts to use a unique identifier for each student for this purpose. Individual student test scores and individual student reports shall be made available only to a student's classroom teacher and other appropriate educational personnel and to the student's parent or guardian.
(B) The department shall use a system designed for collecting necessary data, calculating the value-added progress dimension, analyzing data, and generating reports, which system has been used previously by a non-profit organization led by the Ohio business community for at least one year in the operation of a pilot program in cooperation with school districts to collect and report student achievement data via electronic means and to provide information to the districts regarding the academic performance of individual students, grade levels, school buildings, and the districts as a whole.
(C) The department shall not pay more than two dollars per student for data analysis and reporting to implement the value-added progress dimension in the same manner and with the same services as under the pilot program described by division (B) of this section. However, nothing in this section shall preclude the department or any school district from entering into a contract for the provision of more services at a higher fee per student. (D)(1) There is hereby established the Ohio accountability task force. The task force shall consist of the following thirteen members:
(a) The chairpersons and ranking minority members of the house of representatives and senate standing committees primarily responsible for education legislation, who shall be nonvoting members;
(b) One representative of the governor's office, appointed by the governor;
(c) The superintendent of public instruction, or the superintendent's designee;
(d) One representative of teacher employee organizations formed pursuant to Chapter 4117. of the Revised Code, appointed by the speaker of the house of representatives;
(e) One representative of school district boards of education, appointed by the president of the senate;
(f) One school district superintendent, appointed by the speaker of the house of representatives;
(g) One representative of business, appointed by the president of the senate; (h) One representative of a non-profit organization led by the Ohio business community, appointed by the governor; (i) One school building principal, appointed by the president of the senate; (j) A member of the state board of education, appointed by the speaker of the house of representatives.
Initial appointed members of the task force shall serve until January 1, 2005. Thereafter, terms of office for appointed members shall be for two years, each term ending on the same day of the same month as did the term that it succeeds. Each appointed member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term.
The task force shall select from among its members a chairperson. The task force shall meet at least six times each calendar year and at other times upon the call of the chairperson to conduct its business. Members of the task force shall serve without compensation.
(2) The task force shall do all of the following:
(a) Examine the implementation of the value-added progress dimension by the department, including the system described in division (B) of this section, the reporting of performance data to school districts and buildings, and the provision of professional development on the interpretation of the data to classroom teachers and administrators;
(b) Periodically review any fees for data analysis and reporting paid by the department pursuant to division (C) of this section and determine if the fees are appropriate based upon the level of services provided; (c) Periodically report to
the department and the state board on all issues related to the school district and building accountability system established under this chapter;
(d) Not later than seven years after its initial meeting, make recommendations to improve the school district and building accountability system established under this chapter. The task force shall adopt recommendations by a majority vote of its members. Copies of the recommendations shall be provided to the state board, the governor, the speaker of the house of representatives, and the president of the senate. (e) Determine starting dates for the implementation of the value-added progress dimension and its incorporation into school district and building report cards and performance ratings.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
the and each school building in a district all of the following: (1) The extent to which it the school district or building
meets each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
shall
specify for each
such district the
number of
applicable performance
indicators that have been
achieved and
whether; (2) The performance index score of the school district or building;
(3) Whether the school district or building has made adequate yearly progress;
(4) Whether the school district or building is an
excellent school district,
an
effective
school district,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
When possible, 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 excellent school, an effective
school, needs continuous
improvement, is under an academic watch,
or is in a state of
academic emergency.
(B)
If the state board establishes seventeen performance
indicators applicable to a school district or building under
section 3302.02 of the Revised Code: (1) A school district or building shall be declared
excellent if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets at least sixteen ninety-four per cent of the applicable state
performance indicators or has a performance index score established by the department. (b) It has failed to make adequate yearly progress for not more than two consecutive years and either meets at least ninety-four per cent of the applicable state performance indicators or has a performance index score established by the department. (2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets
thirteen through fifteen at least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department, except that if it does not make adequate yearly progress for three consecutive years, it shall be declared in need of continuous improvement. (3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following requirements: (a) It makes adequate yearly progress, meets more than
eight but
less than
thirteen less than seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least fifty per cent but less than seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department. (4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly progress and either meets more than
five but
not more
than
eight at least thirty-one per cent but less than fifty per cent of the
applicable
state
performance
indicators or has a performance index score established by the department. (5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly progress, does not meet more than
five at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance index score established by the department. (C)
If the state board establishes more than seventeen
performance
indicators under section 3302.02 of the Revised Code,
or if less
than seventeen performance indicators are applicable to
a school
building, the state board shall establish the number of
indicators
that must be met in order for a district or building to
be
designated as excellent, effective, needs continuous
improvement,
is under an academic watch, or is in a state of
academic
emergency. The number established for each such
category under
this division shall bear a similar relationship to
the total
number of indicators as the number of indicators
required for the
respective categories stated in division (B) of
this section bears
to seventeen. (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
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories: (a) Performance of students by age group; (b) Performance of students by race and ethnic group; (c) Performance of students by gender; (d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years; (e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years; (f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less; (g) Performance of students grouped by those who are
classified as vocational education students pursuant to guidelines
adopted by the department for purposes of this division; (h) Performance of students grouped by those who are
economically disadvantaged, to the extent that such data is
available from the education management information system
established under section 3301.0714 of the Revised
Code;
(i)(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are classified as limited English proficient;
(j) Performance of students grouped by those who have disabilities;
(k) Performance of students grouped by those who are classified as migrants; (l) Performance of students grouped by those who are identified as gifted pursuant to Chapter 3324. of the Revised Code. The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (C)(3)(a) to (l) of this section that it deems relevant. In reporting data pursuant to division (D)(C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (C)(3) of this section that contains less than ten students. (4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable. (5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code. The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district. (E)(7) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that percentage with the percentages of such teachers in similar districts and buildings.
(D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a test with
accommodation
or to
whom an
alternate assessment is administered
pursuant to
division
(C)(1) or (3)
of section 3301.0711 of the
Revised
Code,
but shall
not include
any student excused from taking a test
pursuant to
division (C)(3)
of that section, whether or not
the
student chose
to take the
test
voluntarily in spite of the
exemption granted in
that division. (2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall do both of the following: (a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any test prescribed by section 3301.0710 of the Revised Code that is administered to the student's grade level; (b) Include cumulative totals from both the fall and spring administrations of the third grade reading achievement test.
Sec. 3302.031. In addition to the report cards required
under
section 3302.03 of the Revised Code, the department of
education
shall annually prepare the following reports for each
school
district and make a copy of each report available to the
superintendent of each district: (A) A funding and expenditure accountability report which
shall consist of the amount of state aid payments the school
district will receive during the fiscal year under Chapter 3317.
of the Revised Code and any other fiscal data the department
determines is necessary to inform the public about the financial
status of the district; (B) A school safety and discipline report which shall
consist of statistical information regarding student safety and
discipline in each school building, including the number of
suspensions and expulsions disaggregated according to race and
gender; (C) A student equity report which shall consist of at least
a description of the status of teacher qualifications, library and
media resources, textbooks, classroom materials and supplies, and
technology resources for each district. To the extent possible,
the information included in the report required under this
division shall be disaggregated according to grade level, race,
gender, disability, and scores attained on tests required under
section 3301.0710 of the Revised Code.
(D) A school enrollment report which shall consist of
information about the composition of classes within each district
by grade and subject disaggregated according to race, gender, and
scores attained on tests required under section 3301.0710 of the
Revised Code; (E) A student retention report which shall consist of the
number of students retained in their respective grade levels in
the district disaggregated by grade level, subject area, race,
gender, and disability; (F) A school district performance report which shall describe for the district and each building within the district the extent to which the district or building meets each of the applicable performance indicators established under section 3302.02 of the Revised Code, the number of performance indicators that have been achieved, and the performance index score. In calculating the rates of achievement on the performance indicators and the performance index scores for each report, the department shall exclude all students with disabilities.
Sec. 3302.04. (A)
The state board of
education shall
adopt
a
rule
establishing both of the following: (1) A standard unit of improvement that any
building within
a district or school
district would be required to
achieve on a
specific performance
indicator that it
failed to meet
in
order to
be deemed to have
made satisfactory
improvement toward
meeting
that
indicator.
(2) The percentage of those performance
indicators
that
a
building within a district or a
district did not meet, on
which a
building or
district
would be required to achieve the
standard
unit of
improvement in
order to be deemed to be making
overall
progress
toward becoming
an
excellent building
or district.
The rule shall
apply
to determinations of school district
improvement under
division
(B) of this section The department of education shall establish a system of intensive, ongoing support for the improvement of school districts and school buildings. The system shall give priority to districts and buildings that have been declared to be under an academic watch or in a state of academic emergency under section 3302.03 of the Revised Code and shall include services provided to districts and buildings through regional service providers, such as educational service centers, regional professional development centers, and special education regional resource centers.
(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 building within the district
needs continuous improvement, is under an academic watch,
or is in
a state of academic emergency has failed to make adequate yearly progress for two consecutive school years, the district shall
develop a
three-year continuous improvement plan
for the district or building containing an analysis of
the reasons for the district's failure
as a whole, or the failure
of any buildings,
to meet any of the
indicators
not
met and
specifying the
strategies
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 each of the following: (1) An analysis of the reasons for the failure of the district or building to meet any of the applicable performance indicators established under section 3302.02 of the Revised Code that it did not meet and an analysis of the reasons for its failure to make adequate yearly progress; (2) Specific strategies that the district or building will use to address the problems in academic achievement identified in division (B)(1) of this section; (3) Identification of the resources that the district will allocate toward improving the academic achievement of the district or building; (4) A description of any progress that the district or building made in the preceding year toward improving its academic achievement. 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
affected school
district
or building
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 or building. Copies of the plan shall be made available to the public. (C) When a school district or building has been
notified by the
department pursuant to division (A) of section
3302.03 of the
Revised Code that the district
or a building within the district
is
under an
academic watch or in a state
of academic emergency,
the
district or building 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 or buildings.
(D)(1) Within one hundred twenty days after any school
district
or building within the district
is declared to be in a
state of academic emergency under section 3302.03
of the Revised
Code, the department shall may initiate a site
evaluation of the
building 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 building 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
under rules
established by the state
board of education,
the department shall
conduct a site evaluation
of the school
district
or applicable
buildings 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
materials
and
equipment necessary
to implement the curriculum approved by
the school
district board
are available.
(E)(1) If, after three years under a continuous improvement
plan developed pursuant to division (B) of this section, any
school district that is declared to be in a state of academic
emergency under section 3302.03 of the Revised Code has any
building within the district that is declared to be in a state of
academic emergency under that section and
that fails to improve
on the performance indicators that the building did not meet
under
that section to make progress
toward becoming an excellent
building, the district shall
implement at least one of the
following options with respect to
that building: (a) Replace the building principal;
(b) Examine the factors impeding student success and redesign
the building to address those factors, including transferring or
reassigning personnel;
(C) Institute a new schoolwide curriculum or
educational
model that is consistent with the statewide academic standards
adopted pursuant to division (A) of section 3301.079 of the
Revised Code and alter the structure of the school day or
year;
(d) Contract with departments of education at public and
private colleges in Ohio, educational service centers, or the
state department of education to operate the
builiding, including
the provision of personnel, supplies, and equipment;
(e) Grant priority over all other applicants to students from
the building who apply to attend another building within the
district under the intradistrict open enrollment policy adopted by
the district pursuant to section 3313.97 of the Revised Code;
(f) Close the building and reassign its students to other
buildings within the district;
(g) Develop and implement a comprehensive alternative plan,
subject to approval by the department of education, to improve the
overall
performance of the building.
Any action taken under division (E)(1)(f) of this section may
include the establishment of This division applies only to school districts that operate a school building that fails to make adequate yearly progress for two or more consecutive school years.
(1) For any school building that fails to make adequate yearly progress for two consecutive school years, the district shall do all of the following: (a) Provide written notification of the academic issues that resulted in the building's failure to make adequate yearly progress to the parent or guardian of each student enrolled in the building. The notification shall also describe the actions being taken by the district or building to improve the academic performance of the building and any progress achieved toward that goal in the immediately preceding school year. (b) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, offer all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code, the district shall spend twenty per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under this division, unless the district can satisfy all demand for transportation with a lesser amount. If twenty per cent of the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation, the district shall grant priority over all other students to the lowest achieving students among the subgroup described in division (F)(3) of section 3302.01 of the Revised Code in providing transportation. Any district that does not receive funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under this division. (2) For any school building that fails to make adequate yearly progress for three consecutive school years, the district shall do both of the following: (a) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, provide all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code, the district shall provide transportation for students who enroll in alternative buildings under this division to the extent required under division (E)(2) of this section. (b) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, offer supplemental educational services to students who are enrolled in the building and who are in the subgroup described in division (F)(3) of section 3302.01 of the Revised Code. The district shall spend a combined total of twenty per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2)(a) of this section and to pay the costs of the supplemental educational services provided to students under division (E)(2)(b) of this section, unless the district can satisfy all demand for transportation and pay the costs of supplemental educational services for those students who request them with a lesser amount. In allocating the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, between the requirements of divisions (E)(1)(b) and (E)(2)(a) and (b) of this section, the district shall spend at least five per cent of such funds to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2)(a) of this section, unless the district can satisfy all demand for transportation with a lesser amount, and at least five per cent of such funds to pay the costs of the supplemental educational services provided to students under division (E)(2)(b) of this section, unless the district can pay the costs of such services for all students requesting them with a lesser amount. If twenty per cent of the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay the costs of all of the supplemental educational services provided to students under division (E)(2)(b) of this section, the district shall grant priority over all other students in providing transportation and in paying the costs of supplemental educational services to the lowest achieving students among the subgroup described in division (F)(3) of section 3302.01 of the Revised Code.
Any district that does not receive funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under division (E)(2)(a) of this section or to pay the costs of supplemental educational services provided to any student under division (E)(2)(b) of this section. No student who enrolls in an alternative building under division (E)(2)(a) of this section shall be eligible for supplemental educational services under division (E)(2)(b) of this section. (3) For any school building that fails to make adequate yearly progress for four consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall implement at least one of the following options with respect to the building: (a) Institute a new curriculum that is consistent with the statewide academic standards adopted pursuant to division (A) of section 3301.079 of the Revised Code; (b) Decrease the degree of authority the building has to manage its internal operations; (c) Appoint an outside expert to make recommendations for improving the academic performance of the building. The district may request the department to establish a state intervention team for this purpose pursuant to division (G) of this section. (d) Extend the length of the school day or year; (e) Replace the building principal or other key personnel; (f) Reorganize the administrative structure of the building. (4) For any school building that fails to make adequate yearly progress for five consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall develop a plan during the next succeeding school year to improve the academic performance of the building, which shall include at least one of the following options: (a) Reopen the school as a community school under Chapter 3314. of the Revised Code; (b) Replace personnel; (c) Contract with a nonprofit or for-profit entity to operate the building; (d) Turn operation of the building over to the department; (e) Other significant restructuring of the building's governance. (5) For any school building that fails to make adequate yearly progress for six consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall implement the plan developed pursuant to division (E)(4) of this section.
(6) A district shall continue to comply with division (E)(1)(b) or (E)(2) of this section, whichever was most recently applicable, with respect to any building formerly subject to one of those divisions until the building makes adequate yearly progress for two consecutive school years. (F) This division applies only to school districts that fail to make adequate yearly progress for two or more consecutive school years. (1) If a school district fails to make adequate yearly progress for two consecutive school years, the district shall provide a written description of the continuous improvement plan developed by the district pursuant to division (B) of this section to the parent or guardian of each student enrolled in the district. (2) If a school district fails to make adequate yearly progress for three consecutive school years, the district shall continue to implement the continuous improvement plan developed by the district pursuant to division (B) of this section. (3) If a school district fails to make adequate yearly progress for four consecutive school years, the department shall take at least one of the following corrective actions with respect to the district: (a) Withhold a portion of the funds the district is entitled to receive under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339; (b) Direct the district to replace key district personnel; (c) Institute a new curriculum that is consistent with the statewide academic standards adopted pursuant to division (A) of section 3301.079 of the Revised Code; (d) Establish alternative forms of governance for individual school buildings within the district; (e) Appoint a trustee to manage the district in place of the district superintendent and board of education. The department shall conduct individual audits of a sampling of districts subject to this division to determine compliance with the corrective actions taken by the department. (4) If a school district fails to make adequate yearly progress for five consecutive school years, the department shall continue to monitor implementation of the corrective action taken under division (F)(3) of this section with respect to the district. (5) If a school district fails to make adequate yearly progress for six consecutive school years, the department shall take at least one of the corrective actions identified in division (F)(3) of this section with respect to the district, provided that the corrective action the department takes is different from the corrective action previously taken under division (F)(3) of this section with respect to the district. (G) The department may establish a state intervention team to evaluate
all aspects of the a school district or building, including management, curriculum,
instructional methods, resource allocation, and scheduling. Any
such intervention team shall be appointed by the department and
shall include teachers and administrators recognized as
outstanding in their fields. The intervention team shall make
recommendations to the district regarding methods for improving
the performance of the district or building. The The department shall not approve
a district's request for an intervention team under division (E)(3) of this section if the department
cannot adequately fund the work of the team, unless the district
agrees to pay for the expenses of the team.
(2) If any building subject to this division fails to improve
on
the performance indicators that the building did not meet
under
section 3302.03 of the Revised Code to make progress toward
becoming an
excellent building within two years following any
action taken by
the district under this division, the district
shall select
another option described by this division and
implement such
option with respect to the building.
(H) The department shall conduct individual audits of a sampling of community schools established under Chapter 3314. of the Revised Code to determine compliance with this section. (I) The state board shall adopt rules for implementing this section.
Sec. 3302.05.
The department state board of
education
shall recommend adopt
rules to the general assembly freeing
school districts
declared to
be
excellent under division
(B)(1)
or
effective under
division
(B)(2) of section 3302.03
of the Revised Code from
specified state
mandates. Any mandates included in
the
recommended
rules shall be
only those statutes or rules pertaining
to state education
requirements. The rules shall take effect upon
their approval
through passage
of a joint resolution by the
general assembly.
Sec. 3313.532. (A) Any person twenty-two or more years of
age and enrolled in an adult high school continuation program
established pursuant to section 3313.531 of the Revised Code may
request the board of education operating the program to conduct
an
evaluation in accordance with division (C) of this section. (B) Any applicant to a board of education for a diploma of
adult education under division (B) of section 3313.611 of the
Revised Code may request the board to conduct an evaluation in
accordance with division (C) of this section. (C) Upon the request of any person pursuant to division
(A)
or (B) of this section, the board of education to which the
request is made shall evaluate the person to determine whether
the
person is handicapped, in accordance with rules adopted by
the
state board of education. If the evaluation indicates that
the
person is handicapped, the board shall determine whether to
excuse
the person from taking any of the tests required by
division (B)
of section 3301.0710 of the Revised Code
as a requirement for
receiving a diploma under section 3313.611 of the Revised Code.
The
determination of whether to excuse the person from any such
test
shall be made in the same manner as it would be for students
enrolled in the district who are receiving special education
under
Chapter 3323 of the Revised Code The board may require the person to take an alternate assessment in place of any test from which the person is so excused.
Sec. 3313.6010. By July 1, 1998, the department The state board of education
shall recommend adopt rules to the general assembly permitting school districts to
contract with public and private providers of academic remediation and
intervention in mathematics, science, reading, writing, and social studies for
the purpose of assisting pupils in grades one through six outside of regular
school hours. The rules recommended under this section shall take effect upon
approval of the general assembly through passage of a joint resolution.
Sec. 3313.6012. (A) The board of education of each city,
exempted
village, and local school district shall adopt a policy
governing
the conduct of academic prevention/intervention services
for all grades and
all schools throughout the district. The board
shall update the
policy annually. The policy shall include, but
not be limited to, all of the following: (1) Procedures for using diagnostic assessments to measure
student progress toward the attainment of academic standards and
to identify students who may not attain the academic standards in accordance with section 3301.0715 of the Revised Code; (2) A plan for the design of classroom-based intervention
services to meet the instructional needs of individual students as
determined by the results of diagnostic assessments; (3) Procedures for the regular collection of student
performance data; (4) Procedures for using student performance data to evaluate
the effectiveness of intervention services and, if necessary, to
modify such services. The policy shall include any
prevention/intervention
services
required under sections
3301.0711, 3301.0715, and
3313.608 of the
Revised Code. (B) In accordance with the policy adopted under division (A)
of this section, each school district shall provide
prevention/intervention services in pertinent subject areas to
students who score below the proficient level on a reading,
writing, mathematics, social studies, or science proficiency or achievement test
administered in the fourth, sixth, or ninth grade or
below the
basic level on any
achievement test or who do not
demonstrate
academic performance at
their
grade level based on the
results of
a diagnostic
assessment.
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)
Subject to section 3313.614 of the Revised Code, the
person
either: (a) 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
section 3313.532 of the
Revised Code or
unless
division (H)
or (L) of this section applies
to the person; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code. (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),
(J), and (L) 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
subject to section 3313.614 of the
Revised Code 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, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code, 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
or 3301.0712 of the Revised Code to
any person
requesting to take such test pursuant to division
(B)(6)(8)(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 attaining the applicable score on
any such test pursuant to division
(H)
or (L) of this
section
or from taking any such test pursuant to 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
September 11, 2001: (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 limited English proficient 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 No limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the tests prescribed under division (B) of section
3301.0710 of the Revised Code provided an individualized education
program specifically exempts the student from attaining such
scores. This division does not negate the requirement for such a
student to take all such tests or alternate assessments required
by division (C)(1) of section 3301.0711 of the Revised Code for
the purpose of assessing student progress as required by federal
law.
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)
Subject to section 3313.614 of the Revised Code, the
applicant
either: (a) 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
section 3313.532 or was exempted from attaining the applicable score on any such test pursuant to division (H)
or (L) of section
3313.61 of the Revised Code; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 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 limited English proficient 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 No limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.612.
(A) No
nonpublic school chartered by the
state board of education shall
grant any high school diploma to
any person unless the person has
attained, subject to section
3313.614 of the Revised Code 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, or has satisfied
the alternative
conditions prescribed in section 3313.615 of the
Revised Code. (B) This
section does not apply to
either
of the
following: (1) Any person with
regard to any test from which the person
was excused pursuant to
division (C)(1)(c) of section 3301.0711 of
the Revised Code; (2) Any person
with
regard to the
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
September 11, 2001,
if all of the
following apply: (a) The person is not a citizen of the United States; (b) The person is not a permanent resident of the United
States; (c) The person indicates no intention to
reside in the
United States after completion of high school. (C) As used in this division, "English-limited limited English proficient 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 No limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code: (1)
"Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities. (2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code. (3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services. (4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies: (a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services. (b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose. (c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state. (d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code. (5)
"Agency" means all of the following: (a) A public children services agency; (b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption; (c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code. (6) A child is placed for adoption if either of the
following occurs: (a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child. (b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child. (7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten. (8)
"Child," unless otherwise indicated, includes
handicapped
preschool children. (B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division. (1) A child shall be admitted to the schools of the school
district in which the child's parent resides. (2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies: (a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent. (b) The child resides in a home. (c) The child requires special education. (3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies: (a) The placement for adoption has been terminated. (b) Another school district is required to admit the child
under division (B)(1) of this section. Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code. (C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows: (1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home. (2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by: (a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first; (b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first; (c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency; (d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement. (3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following: (a) The school district in which the child's parent
resides; (b) If the child's parent is not a resident of this state,
the home in which the child resides. (D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund. (E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child. (F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section: (1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside. (2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence. (3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require. (4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following: (a) That the parent is serving outside of the state in the
armed services of the United States; (b) That the parent intends to reside in the district upon
returning to this state; (c) The name and address of the person with whom the child
is living while the parent is outside the state. (5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board. (6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion; (b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement. (7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there; (b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement. The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports. (8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year. (9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district. The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division. (10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code. (11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance. In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent. Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee. (12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur: (a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division; (b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents. While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends. A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following: (a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C); (b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following: (1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students; (2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization. (H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section. (I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied: (a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section. (b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts. (2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division. (3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section. (4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (H) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code. (J) This division does not apply to a child receiving
special education. A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires. Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state. (J)(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K)(L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
Sec. 3313.65. (A) As used in this section and section
3313.64 of the Revised Code: (1) A person is "in a residential facility" if the person is a
resident or a resident patient of an institution, home, or other
residential facility that is: (a) Licensed as a nursing home, residential care facility, or
home for the
aging by the director of health under section 3721.02 of the
Revised Code or licensed as a community alternative home by the
director of health under section 3724.03 of the Revised Code; (b) Licensed as an adult care facility by the director of
health under Chapter 3722. of the Revised Code; (c) Maintained as a county home or district home by the
board of county commissioners or a joint board of county
commissioners under Chapter 5155. of the Revised Code; (d) Operated or administered by a board of alcohol, drug
addiction, and mental health services under section 340.03 or
340.06 of the Revised Code, or provides residential care pursuant
to contracts made under section 340.03 or 340.033 of the Revised
Code; (e) Maintained as a state institution for the mentally ill
under Chapter 5119. of the Revised Code; (f) Licensed by the department of mental health under
section 5119.20 or 5119.22 of the Revised Code; (g) Licensed as a residential facility by the department
of mental retardation and developmental disabilities under
section 5123.19 of the Revised Code; (h) Operated by the veteran's administration or another
agency of the United States government; (i) The Ohio soldiers' and sailors' home. (2) A person is "in a correctional facility" if any of the
following apply: (a) The person is an Ohio resident and is: (i) Imprisoned, as defined in section 1.05 of the Revised
Code; (ii) Serving a term in a community-based correctional facility or a
district community-based correctional facility; (iii) Required, as a condition of parole,
probation, transitional control,
or early release from
imprisonment, as a condition of shock parole or shock probation
granted under the law in effect prior to July 1, 1996, or as a
condition of a furlough granted under
the version of section 2967.26 of the Revised Code in
effect prior to the effective date of this amendment
March 17, 1998, to reside in a
halfway house or other community
residential center licensed under section 2967.14 of the Revised
Code or a similar facility designated by the common pleas court
that established the condition or by the adult parole authority. (b) The person is imprisoned in a state correctional institution
of another state or a federal correctional institution but was an
Ohio resident at the time the sentence was imposed for the crime
for which the person is imprisoned. (3) A person is "in a juvenile residential placement" if
the person is an Ohio resident who is under twenty-one years of age and
has been removed, by the order of a juvenile court, from the
place the person resided at the time the person became subject to the court's
jurisdiction in the matter that resulted in the person's removal. (B) If the circumstances described in division (C) of this
section apply, the determination of what school district must
admit a child to its schools and what district, if any, is liable
for tuition shall be made in accordance with this section, rather
than section 3313.64 of the Revised Code. (C) A child who does not reside in the school district in
which the child's parent resides and for whom a tuition obligation
previously has not been established under division (C)(2) of
section 3313.64 of the Revised Code shall be admitted to the
schools of the district in which the child resides if at least
one of the child's parents is in a residential or correctional
facility or a juvenile residential placement and the other
parent, if living and not in such a facility or placement, is not
known to reside in this state. (D) Regardless of who has custody or care of the child,
whether the child resides in a home, or whether the child receives special
education, if a district admits a child under division (C) of
this section, tuition shall be paid to that district as follows: (1) If the child's parent is in a juvenile residential
placement, by the district in which the child's parent resided at
the time the parent became subject to the jurisdiction of the
juvenile court; (2) If the child's parent is in a correctional facility,
by the district in which the child's parent resided at the time
the sentence was imposed; (3) If the child's parent is in a residential facility, by
the district in which the parent resided at the time the parent was
admitted to the residential facility, except that if the parent
was transferred from another residential facility, tuition shall
be paid by the district in which the parent resided at the time
the parent was admitted to the facility from which the parent first was
transferred; (4) In the event of a disagreement as to which school
district is liable for tuition under division (C)(1), (2), or (3)
of this section, the superintendent of public instruction shall
determine which district shall pay tuition. (E) If a child covered by division (D) of this section
receives special education in accordance with Chapter 3323. of
the Revised Code, the tuition shall be paid in accordance with
section 3323.13 or 3323.14 of the Revised Code. Tuition for
children who do not receive special education shall be paid in
accordance with division (I)(J) of section 3313.64 of the Revised
Code.
Sec. 3313.97. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative education school district. (A) As used in this section: (1) "Parent" has the same meaning as in section 3313.64 of
the Revised Code. (2) "Alternative school" means a school building other
than the one to which a student is assigned by the district
superintendent. (3) "IEP" means an individualized education program
defined by division (E) of section 3323.01 of the Revised Code. (B) The board of education of each city, local, and
exempted village school district shall adopt an open enrollment
policy allowing students entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code, effective with the school year that begins July 1, 1993, to
enroll in an alternative school. Each policy shall provide for
the following: (1) Application procedures, including deadlines for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted.
The policy shall require a student to apply only if he the
student wishes to attend an alternative school. (2) Procedures for admitting applicants to alternative
schools, including but not limited to: (a) The establishment of district capacity limits by grade
level, school building, and education program;
(b)(3) A requirement that students enrolled in a school
building or living in any attendance area of the school building
established by the superintendent or board be given preference
over applicants;
(c)(4) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting applicants to alternative
schools shall not include: (1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills; (2) Limitations on admitting applicants because of
handicapping conditions, except that a board may require a
student receiving services under Chapter 3323. of the Revised
Code to attend school where the services described in the
student's IEP are available; (3) A requirement that the student be proficient in the
English language; (4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled for ten consecutive days
or more in the term for which admission is sought or in the term
immediately preceding the term for which admission is sought, the
procedures may include a provision denying admission of such
applicant to an alternative school. (D)(1) Notwithstanding Chapter 3327. of the Revised Code, and except as provided in division (D)(2) of this section, a
district board is not required to provide transportation to a
nonhandicapped student enrolled in an alternative school unless
such student can be picked up and dropped off at a regular school
bus stop designated in accordance with the board's transportation
policy or unless the board is required to provide additional
transportation to the student in accordance with a court-approved
desegregation plan.
(2) A district board shall provide transportation to any student enrolled in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code to the extent required by that division, except that no district board shall be required to provide transportation to any student enrolled in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code after the date the school in which the student was enrolled immediately prior to enrolling in the alternative school ceases to be subject to that division. (E) Each school board shall provide information about the
policy adopted under this section and the application procedures
and deadlines to the parent of each student in the district and
to the general public. (F) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies.
Sec. 3314.012. (A) Within ninety days
of the effective date of this section September
28, 1999, the superintendent of
public instruction shall appoint representatives of the department
of education, including employees who work with the education
management information system and employees of the office of
school options community schools established by section 3314.11 of the Revised Code,
to a committee to develop report card models for community schools. The
director of the legislative office of education oversight
shall also appoint representatives to the committee. The
committee shall design model report cards appropriate for the
various types of community schools approved to operate in the
state. Sufficient models shall be developed to reflect the
variety of grade levels served and the missions of the state's
community schools. All models shall include both financial and
academic data. The initial models shall be developed by March 31,
2000. (B) The department of education shall issue an annual
report card for each community school. The report card shall report
the academic and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report card shall include all information applicable to school buildings under division (A) of section 3302.03 of the Revised Code. (C) Upon receipt of a copy of a contract between a sponsor and a
community school entered into under this chapter, the department of education
shall notify the community school of the specific model report card that will
be used for that school. (D) Report cards shall be distributed to the parents of all
students
in the community school, to the members of the board of education
of the school district in which the community school is located,
and to any person who requests one from the department. (E) No report card shall be issued for any community school under
this section until the school has been open for instruction for two full
school years.
Sec. 3314.02. (A) As used in this chapter: (1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section. (2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly. (3)
"Challenged school district"
means any of the following: (a) A school district that is part of the pilot project
area; (b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code; (c) A big eight school district; (d) An urban school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following: (a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code; (b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code. (5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code. (6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities. (B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section. (C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities: (a) The board of education of the
district in which the
school is proposed to be
located; (b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located; (c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory; (d) The
governing
board of
any educational service
center
as long as the proposed school will be
located in a county within the territory of the service center or
in a county contiguous to such county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in section
3345.011 of the Revised Code
or the board of
trustees itself
as
long as a mission of the proposed school to be specified in the
contract under division (A)(2) of section 3314.03 of the Revised
Code and as approved by the department of education under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3) of the Internal Revenue Code as long as all of the
following conditions are satisfied:
(i) The entity has been in operation for at least five
years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand dollars.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code.
Until July 1, 2005, any entity described in division
(C)(1)(f) of this section may sponsor only schools that formerly
were sponsored
by the state board of education under division
(C)(1)(d) of this
section, as it existed prior to April 8, 2003. After July 1, 2005, such entity may
sponsor any new or
existing school.
Any entity
described in division (C)(1) of this
section may enter
into a
preliminary agreement
pursuant
to
division (C)(2) of this
section with the proposing
person or
group. (2) A preliminary agreement indicates the
intention of
an entity described in division (C)(1)
of this section
to
sponsor the community school. A proposing person or
group that
has such a preliminary agreement may proceed to
finalize plans for
the school, establish a governing authority
as described in
division (E) of this section
for the school, and
negotiate a
contract with the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in accordance with section
3314.03 of the
Revised
Code. (3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction. (D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school.
Up to the
statewide limit prescribed in section 3314.013 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter. (E) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws. Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
who are not owners or employees, or immediate relatives of owners
or employees, of any for-profit firm that
operates or
manages a
school for the governing authority.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed. (F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract. (G) A new start-up school that is established prior to the effective date of this amendment in an urban school district that is not also a big-eight school district may continue to operate after the effective date of this amendment and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after the effective date of this amendment, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after the effective date of this amendment.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction. (A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following: (1) That the school shall
be established as
either of the
following: (a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to the effective date of
this amendment April 8, 2003; (b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after the effective date
of this amendment April 8, 2003;
(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
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)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
cumulative hours of the learning opportunities offered to the
student. Such a policy shall provide for withdrawing the student
by the end of the thirtieth day after the student has failed to
participate as required under this division. (7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves; (8) Requirements
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,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code; (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
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority; (f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code 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
within four months after the end of each school year a
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. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section. (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.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code; (21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following: (a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations; (b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code; (24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(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.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state. (D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
Sec. 3314.033. Not later than September 30, 2003, the state board of education shall recommend to the general assembly standards governing the operation of internet- or computer-based community schools, as defined in section 3314.02 of the Revised Code, and other educational courses delivered primarily via electronic media.
Sec. 3314.20. This section does not apply to any school
district declared
to be
excellent or effective pursuant to
division (B)(1)
or (2) of section 3302.03 of the Revised
Code. (A) The department state board of education shall recommend adopt rules
to the
general assembly requiring school
districts with a total student
count of over five thousand,
as determined pursuant to section
3317.03 of the
Revised Code, to designate one school
building to
be operated by a site-based management council. The
rules shall
specify the composition of the council and the manner in
which
members of the council are to be selected and
removed. (B) The rules adopted
under division (A) of this
section
shall specify those powers, duties, functions, and
responsibilities that shall be vested in the management council
and that would otherwise be exercised by the district board of
education. The rules shall also establish a mechanism for
resolving any differences between the council and the district
board if there is disagreement as to their respective powers,
duties, functions, and responsibilities. (C) The board of education of any
school district described
by division
(A) of this section may, in
lieu of complying with the
rules adopted under this section,
file with the department of
education
an alternative structure for a
district site-based
management program in at least one of its
school buildings. The
proposal shall specify the composition of
the council, which shall
include an equal number of parents and teachers and
the building
principal, and the method of selection and removal of the
council
members. The proposal shall also clearly delineate the
respective
powers, duties, functions, and responsibilities of
the district
board and the council.
The district's proposal shall comply
substantially with the rules approved by
the general assembly. (D) The rules recommended under this section shall take
effect
upon approval of the general assembly through the passage
of a joint
resolution adopted under division (A) of this section.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(L) of this
section. As used in this section: (1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers. (2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education. (3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts. (4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(5), (6), (7), (8),
(9), (10), (11),
or (12) of
that
section who are enrolled
in a vocational education
class or
receiving special education;
and minus one-fourth of the
students
enrolled concurrently in a joint
vocational school
district. (5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code. (6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group. (7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts. (B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations: (1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth; (2) Subtract the quotient in (1) from the district's
regular
student population; (3) Multiply the difference in (2) by seven hundred
fifty-two dollars. (C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by: (1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus; (2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section. The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order. (D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population: (1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths; (2) Subtract the quotient in (1) from the district's
regular
student population; (3) Multiply the difference in (2) by ninety-four dollars. (E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code. (F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (I)(J) of
section 3313.64
or section 3317.08 of the Revised Code. (2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible. (G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code. (H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments. (I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted. (2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments. (J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code. (K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both of the following: (a) An amount equal to the formula amount times the cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code; (b) An amount equal to the formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code. (2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code. (3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code. (L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code. (2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
Sec. 3317.04. The amount paid to school districts in each
fiscal year under Chapter 3317. of the Revised Code shall not be
less than the following: (A) In the case of a district created under section
3311.26 or 3311.37 of the Revised Code, the amount paid shall not
be less, in any of the three succeeding fiscal years following
the creation, than the sum of the amounts allocated under Chapter
3317. of the Revised Code to the districts separately in the year
of the creation. (B) In the case of a school district which is transferred
to another school district or districts, pursuant to section
3311.22, 3311.231, or 3311.38 of the Revised Code, the amount
paid to the district accepting the transferred territory shall
not be less, in any of the three succeeding fiscal years
following the transfer, than the sum of the amounts allocated
under Chapter 3317. of the Revised Code to the districts
separately in the year of the consummation of the transfer. (C) In the case of any school district, the amount paid
under Chapter 3317. of the Revised Code to the district in the
fiscal year of distribution shall not be less than that paid
under such chapter in the preceding fiscal year, less any amount paid in that preceding fiscal year under section 3317.0216 of the Revised Code, if in the
calendar year ending the thirty-first day of December preceding
the fiscal year of distribution, the county auditor of the county
to which the district has been assigned by the department of
education for administrative purposes has completed reassessment
of all real estate within his the county, or the tax duplicate
of that county was increased by the application of a uniform taxable
value per cent of true value pursuant to a rule or order of the
tax commissioner and the revised valuations were entered on the
tax list and duplicate. Notwithstanding sections 3311.22,
3311.231, 3311.26, 3311.37, and 3311.38 of the Revised Code, this
minimum guarantee is applicable only during the fiscal year
immediately following the reassessment or application. (D) In the case of any school district that has territory
in three or more counties, each of which contains at least twenty
per cent of the district's territory, the amount paid under
Chapter 3317. of the Revised Code to the district in the fiscal
year of distribution shall not be less than that paid under such
chapter in the preceding fiscal year, less any amount paid in that preceding fiscal year under section 3317.0216 of the Revised Code, if in the calendar year
ending the thirty-first day of December preceding the fiscal year
of distribution, the county auditor of any such county completed
reassessment of all real estate within his the county, or the
tax duplicate of any such county was increased by the application of a uniform
taxable value per cent of true value pursuant to a rule
or order of the tax commissioner and the revised valuations were
entered on the tax list and duplicate. Notwithstanding sections
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised
Code, this minimum guarantee is applicable only during the fiscal
year immediately following the reassessment or application. Notwithstanding sections 3311.22, 3311.231, 3311.26,
3311.37, and 3311.38 of the Revised Code, the minimum guarantees
prescribed by divisions (A) and (B) of this section shall not
affect the amount of aid received by a school district for more
than three consecutive years.
Sec. 3317.08. A board of education may admit to its
schools a child it is not required by section 3313.64 or 3313.65
of the Revised Code to admit, if tuition is paid for the child. Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a school year shall be one of the following: (A) For any child, except a handicapped preschool child
described in division (B) of this section, the quotient obtained
by dividing the sum of the amounts described in divisions (A)(1)
and (2) of this section by the district's formula ADM. (1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code. (2) The district's total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 or 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year. On or before the first day of
June of each year, the tax commissioner shall certify the amount
to be used in the calculation under this division for the next
fiscal year to the department of education for each city, local,
and exempted village school district that levies a school
district income tax. (B) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised Code, an amount computed for the school year as follows: (1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type of service to all handicapped preschool children not
included in units approved under division (B) of section
3317.05 of the Revised Code; (2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter; (3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under division (B)(1) of this section and the amount determined
under division (B)(2) of this section by the total number of
handicapped preschool children not included in units approved
under division (B) of section 3317.05 of the Revised Code
who received that type of service; (4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education services provided to the child for whom tuition is
being calculated. The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section. If any child for whom a tuition charge is computed under
this section for any school year is enrolled in a district for
only part of that school year, the amount of the district's
tuition charge for the child for the school year shall be
computed in proportion to the number of school days the child is
enrolled in the district during the school year. Except as otherwise provided in division (I)(J) of section
3313.64 of the Revised Code, whenever a district admits a child
to its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of the tuition shall be certified by the treasurer of the board
of education of the district of attendance, to the board of
education of the district required to pay tuition for its
approval and payment. If agreement as to the amount payable or
the district required to pay the tuition cannot be reached, or
the board of education of the district required to pay the
tuition refuses to pay that amount, the board of education of the
district of attendance shall notify the superintendent of public
instruction. The superintendent shall determine the correct
amount and the district required to pay the tuition and shall
deduct that amount, if any, under division (G) of section
3317.023 of the Revised Code, from the district required to pay
the tuition and add that amount to the amount allocated to the
district attended under such division. The superintendent of
public instruction shall send to the district required to pay the
tuition an itemized statement showing such deductions at the time
of such deduction. When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school
district within which such territory is located, and there are
school age children residing within such territory, the political
subdivision owning such tax exempt territory shall pay tuition to
the district in which such children attend school. The tuition
for these children shall be computed as provided for in this
section.
Sec. 3334.01. As used in this chapter: (A) "Aggregate original principal amount" means the
aggregate of the initial offering prices to the public of college
savings bonds, exclusive of accrued interest, if any. "Aggregate
original principal amount" does not mean the aggregate accreted
amount payable at maturity or redemption of such bonds. (B) "Beneficiary" means: (1) An individual designated by the purchaser under a
tuition payment contract or through a scholarship program
as the
individual on whose behalf tuition credits purchased
under the
contract or awarded through the scholarship program will be
applied
toward the payment of undergraduate, graduate, or
professional tuition;
or (2) An individual designated by the contributor under a
variable
college savings program contract as the individual whose
tuition and other
higher education expenses will be paid from a
variable college savings program
account. (C) "Capital appreciation bond" means a bond for which the
following is true: (1) The principal amount is less than the amount payable
at
maturity or early redemption; and (2) No interest is payable on a current basis. (D) "Tuition credit" means a credit of the Ohio tuition
trust authority
purchased under section 3334.09 of the Revised
Code. (E) "College savings bonds" means revenue and other
obligations issued on behalf of the state or any agency or
issuing
authority thereof as a zero-coupon or capital
appreciation bond,
and designated as college savings bonds as
provided in this
chapter. "College savings bond issue" means any
issue of bonds of
which any part has been designated as college
savings bonds. (F) "Institution of higher education" means a state
institution of higher education, a private college,
university, or
other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board
of regents
pursuant to Chapter 1713. of the Revised Code or a
certificate of registration
issued by the state board of
career colleges and schools under
Chapter
3332. of the Revised Code, or an accredited college,
university, or other postsecondary institution located outside
this state that
is accredited by an
accrediting organization or
professional association recognized
by the authority. To be
considered an institution of higher education, an
institution
shall meet the definition of an eligible educational institution
under section 529 of the Internal Revenue Code. (G) "Issuing authority" means any authority, commission,
body, agency, or individual empowered by the Ohio
Constitution or
the Revised Code to issue bonds or any other debt obligation
of
the state or any agency or department thereof. "Issuer" means
the
issuing authority or, if so designated under division (B) of
section 3334.04 of the Revised Code, the treasurer of state. (H) "Tuition" means the charges imposed to attend an
institution of higher education as an undergraduate, graduate, or
professional
student and all fees required as a condition of
enrollment, as determined by
the Ohio tuition trust authority.
"Tuition" does not include laboratory fees,
room and board, or
other similar fees
and charges. (I) "Weighted average tuition" means the tuition cost
resulting from the
following calculation: (1) Add the products of the annual undergraduate tuition
charged to Ohio residents
at each four-year state university
multiplied by that
institution's total number of undergraduate
fiscal year equated
students; and (2) Divide the gross total of the products from division
(I)(1) of this section by the total number of undergraduate
fiscal
year equated students attending four-year state
universities. (J) "Zero-coupon bond" means a bond which has a stated
interest rate of zero per cent and on which no interest is
payable
until the maturity or early redemption of the bond, and
is offered
at a substantial discount from its original stated
principal
amount. (K) "State institution of higher education" includes the
state universities listed in section 3345.011 of the Revised
Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, state community colleges
created pursuant to Chapter 3358. of the Revised Code, the medical
college of
Ohio at Toledo, and the northeastern Ohio universities
college of medicine. (L) "Four-year state university" means those state
universities listed in section 3345.011 of the Revised Code. (M) "Principal amount" refers to the initial offering
price
to the public of an obligation, exclusive of the accrued
interest,
if any. "Principal amount" does not refer to the
aggregate
accreted amount payable at maturity or redemption of an
obligation. (N) "Scholarship program" means a program registered with
the Ohio tuition
trust authority pursuant to section 3334.17 of
the
Revised Code. (O) "Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1 et seq., as amended. (P) "Other higher education expenses" means
room and board
and books, supplies, equipment, and
nontuition-related fees
associated with the cost of attendance
of a beneficiary at an
institution of higher education, but only
to the extent that such
expenses meet the definition of
"qualified higher education
expenses" under section 529 of the
Internal Revenue Code. "Other
higher education
expenses" does not include tuition as defined in
division
(H) of this section. (Q) "Purchaser" means
the person signing the tuition payment
contract, who controls
the account and acquires tuition credits
for an account under
the terms and conditions of the contract. (R) "Contributor" means a person who signs a variable
college
savings program contract with the Ohio tuition trust
authority and
contributes to and owns the account created under
the contract.
(S) "Contribution" means any payment directly allocated to an account for the benefit of the designated beneficiary of the account.
Sec. 3334.12. Notwithstanding anything to the contrary in
sections 3334.07 and 3334.09 of the Revised Code: (A) Annually, the Ohio tuition trust authority shall have
the actuarial soundness of the Ohio tuition trust fund evaluated
by a nationally recognized actuary and shall determine whether
additional assets are necessary to defray the obligations of the
authority. If, after the authority sets the price for tuition
credits,
circumstances
arise that the executive director
determines necessitate an additional
evaluation of the actuarial
soundness of the fund, the executive director
shall
have a
nationally recognized actuary conduct the necessary
evaluation.
If
the assets of the fund are insufficient to ensure
the actuarial
soundness of the fund, the authority shall adjust
the price of
subsequent purchases of tuition
credits
to the extent
necessary to help restore the actuarial soundness of the fund. If, at
any time, the adjustment is likely, in the opinion of the
authority, to diminish the marketability of tuition credits to an
extent that the continued sale of the credits likely would not
restore the actuarial soundness of the fund and external economic factors continue to negatively impact the soundness of the program, the authority may suspend sales, either permanently or temporarily, of tuition credits. During any suspension, the authority shall continue to service existing college savings program accounts. (B) Upon termination of the program or liquidation of the
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and
the Ohio tuition trust operating fund, any remaining assets of
the
funds after all obligations of the funds have been satisfied
pursuant to division (B) of section 3334.11 of the Revised Code
shall be transferred to the general revenue fund of the state. (C) The authority shall prepare and cause to have audited
an
annual financial report on all financial activity of the Ohio
tuition trust authority within ninety days of the end of the
fiscal year. The authority shall transmit a copy of the audited
financial report to the governor, the president of the senate,
the
speaker of the house of representatives, and the minority
leaders
of the senate and the house of representatives. Copies
of the
audited financial report also shall be made available,
upon
request, to the persons entering into
contracts with the
authority and to prospective
purchasers of
tuition credits and prospective
contributors to
variable college savings program accounts.
Sec. 3334.17. (A) The
state, any political subdivision of
the state, and any
organization that is exempt from federal income
taxation under
section 501 (a) and described in section 501
(c)(3)
of the Internal Revenue
Code, including the Ohio tuition trust
authority if this is
authorized under federal tax law,
may
establish a scholarship program to award scholarships consisting
of
tuition credits
contributions made to
any college
savings program for students. Any scholarship program established
under
this
section shall be registered with the
Ohio tuition trust
authority. The authority shall be notified of the name and
address of each scholarship beneficiary under the program, the
number of credits
amounts awarded, and the institution of higher
education in which the beneficiary is enrolled. Scholarship
beneficiaries shall be selected by the entity establishing the
scholarship program, in accordance with
criteria established by
the
entity. (B) Any person or governmental entity may purchase tuition
credits
on behalf of a scholarship program that is or is to
be
established in accordance with division (A)
of this section at
the same price as is
established for the purchase of
credits
for named beneficiaries
pursuant to this chapter. Tuition
credits shall have the same value to the beneficiary of a
scholarship
awarded pursuant to this section as they would have to
any other
beneficiary pursuant to division (B) of section 3334.09
of the
Revised Code. (C) The entity establishing and maintaining a scholarship
program shall specify
whether a scholarship beneficiary may
receive a refund or payment for
the
tuition credits
amount awarded
under the scholarship program directly
from the
tuition trust
authority, or whether the amount
of such
credits
awarded shall be
paid by the authority only to the institution of
higher education
in which the student is enrolled. (D) If a scholarship beneficiary does not use
tuition
credits
the amount awarded within a length of time specified under
the
scholarship program, the
credits
amount may be awarded to
another
beneficiary.
Sec. 3334.19. (A) The Ohio tuition trust authority
shall
adopt an investment
plan that sets forth investment policies and
guidelines to be utilized in
administering the variable college
savings program. Except as provided in
section 3334.20 of the
Revised Code, the authority shall
contract with one or more
insurance companies, banks, or other
financial institutions to act
as its investment agents and to
provide such services as the
authority considers appropriate to
the investment plan, including: (1) Purchase, control, and safekeeping of assets;
(2) Record keeping and accounting for individual accounts
and
for the program as a whole; (3) Provision of consolidated statements of
account. (B) The authority or its investment agents shall maintain a
separate account for the beneficiary of each
contract entered into
under the
variable college savings program. If a beneficiary has
more than one such
account, the authority or its agents shall
track total
contributions and earnings and provide a consolidated
system of
account distributions to institutions of higher
education. (C) The
authority or its
investment agents may place assets
of the
program
in savings accounts and may purchase
fixed or
variable
life insurance or
annuity contracts,
securities, evidence
of
indebtedness, or other investment products pursuant to
the
investment plan. (D) Contributors shall not direct the investment of their
contributions under the investment plan. The authority shall
impose other
limits on contributors' investment discretion
as
to
the extent
required under section 529
of the Internal Revenue
Code. (E) The investment agents with which the authority
contracts
shall discharge their duties with respect to program funds with
the
care and diligence
that a prudent person familiar with such
matters and with the character and
aims of the program would use. (F) The assets of the program shall be preserved, invested,
and
expended solely for the purposes of this chapter and shall not
be loaned or
otherwise transferred or used
by the state for any
other purpose. This section shall not be construed to
prohibit
the investment agents of the authority from investing, by purchase
or
otherwise, in
bonds, notes, or other obligations of the state
or any agency or
instrumentality of the state. Unless otherwise
specified by the
authority, assets of the program shall be
expended in the
following order of priority: (1) To make payments on behalf of
beneficiaries; (2) To make refunds upon termination of variable college
savings
program
contracts; (3) To pay the
authority's costs of
administering the
program
administration
and
operations; (4) To pay or cover any other expenditure or disbursement the
authority determines necessary or appropriate. (G)
Fees, charges, and other costs imposed or collected by
the authority in connection with the variable college
savings
program, including any fees or other payments that the authority
requires an investment agent to pay to the authority, shall be
credited to the variable operating fund. The fund shall
be in the
custody of the treasurer of state, but shall not be part
of the
state treasury. Expenses incurred in the administration of
the
variable college savings program, as well as other expenses,
disbursements, or payments the authority considers appropriate for
the benefit of any college savings programs administered by the authority, the state of Ohio and its citizens, shall be paid
from the variable operating fund. (H) No records of the authority indicating the identity of
purchasers, contributors, and beneficiaries under the program
or amounts
contributed to, earned by, or distributed from program
accounts
are public records within the meaning of section 149.43
of the Revised Code.
Sec. 5705.412. (A) As used in this section, "qualifying
contract" means any agreement for the expenditure of money under which
aggregate payments from the funds
included in the school district's five-year forecast under section 5705.391
of the Revised Code will exceed the lesser of the following amounts: (1) Five hundred thousand dollars; (2) One per cent
of the total revenue to be credited in the current fiscal year to the
district's general
fund, as specified in the district's most recent certificate of estimated
resources
certified under section 5705.36 of the Revised Code. (B) Notwithstanding section 5705.41 of the
Revised Code, no school district shall adopt any appropriation
measure, make any qualifying contract, or increase during any school year
any wage
or salary schedule unless there is attached thereto a certificate,
signed as required by this section, that the
school district has in effect
the authorization to levy taxes including the renewal or
replacement of existing levies which, when combined with the
estimated revenue from all other sources available to the
district at the time of certification, are sufficient to provide
the operating revenues necessary to enable the district to
maintain all personnel and programs for all the days set
forth in its adopted school calendars for the current fiscal year
and for a number of days in succeeding fiscal
years equal to
the number of days instruction was held or is scheduled for the
current fiscal year, as follows: (1) A certificate attached to an
appropriation measure under this section shall cover only the
fiscal year in which the appropriation measure is effective and
shall not consider the renewal or replacement of an existing levy
as the authority to levy taxes that are subject to appropriation
in the current fiscal year unless the renewal or replacement levy
has been approved by the electors and is subject to appropriation
in the current fiscal year. (2) A
certificate attached, in accordance with this
section, to any qualifying contract shall cover the term of the
contract. (3) A certificate attached under this section to a wage or salary
schedule shall cover the term of the schedule. If the board of education has not
adopted a school calendar for the school year beginning on the
first day of the fiscal year in which a certificate is required,
the certificate attached to an appropriation measure shall
include the number of days on which instruction was held in the
preceding fiscal year and other certificates required under this
section shall include that number of days for the fiscal year in
which the certificate is required and any succeeding fiscal
years that the certificate must cover. The certificate shall be signed by the treasurer and president of the board
of education and the superintendent of the school district, unless the
district is in a state of fiscal emergency declared under Chapter
3316. of the Revised Code. In that case, the certificate shall be signed by a member of the
district's financial planning and supervision commission who is designated by
the commission for this purpose. (C) Every qualifying contract made or
wage or salary schedule adopted or put into
effect without such a certificate shall be void, and no payment
of any amount due thereon shall be made. (D) The department of education and
the auditor of state jointly shall adopt rules governing
the methods by which
treasurers, presidents of boards of education,
superintendents, and members of financial planning and supervision
commissions shall estimate revenue and determine whether
such revenue is sufficient to provide necessary operating
revenue for the purpose of making certifications required by
this section. (E) The auditor of state
shall be responsible for determining whether school districts are
in compliance with this section.
At the time a school district is audited
pursuant to section 117.11 of the Revised Code, the auditor of state shall
review each
certificate issued under this section since the district's last audit, and the
appropriation measure, contract, or wage and salary schedule to
which
such certificate was attached. If the auditor of state determines that a
school district has
not complied with this section with respect to any qualifying contract or wage
or salary
schedule, the auditor of state shall notify the prosecuting attorney for the
county, the city director of law, or other chief law officer of the school
district. That officer may file a civil action in any court of appropriate
jurisdiction to seek a declaration that the contract or wage or salary
schedule is void, to recover for the school district from the payee the amount
of payments already made under it, or both, except that the officer shall not
seek to recover payments made under any collective bargaining agreement
entered into under Chapter 4117. of the Revised
Code. If the officer
does not file such
an action within one hundred twenty days after receiving notice of
noncompliance from the auditor of state, any taxpayer may institute the action
in the taxpayer's own name on behalf of the school district. (F) This section does not apply to any contract or
increase in any wage or salary schedule that is necessary in
order to enable a board of education to comply with division (B)
of section 3317.13 of the Revised Code, provided the contract or increase does
not exceed the amount required to be paid
to be in compliance with such division. (G) Any officer, employee, or other person who
expends or authorizes the expenditure of any public funds or
authorizes or executes any contract or
schedule
contrary to this section, expends or authorizes the
expenditure of any public funds on the void contract or
schedule, or issues a certificate under this section
which contains any false statements is liable to the school
district for the full amount paid from the district's funds on
the contract or schedule. The officer, employee, or
other person is jointly and severally liable in person and upon
any official bond that the officer, employee, or other person
has given to the school district to the
extent of any payments on the void claim, not to exceed
ten
thousand dollars. However, no officer, employee, or other person
shall be liable for a mistaken estimate of available resources
made in good faith and based upon reasonable grounds. If an officer,
employee, or other person is found to have complied with rules
jointly adopted by the department of education
and the auditor of state under this section governing
methods by which revenue shall be estimated and determined
sufficient to provide necessary operating revenue for the
purpose of making certifications required by this section, the
officer, employee, or other person shall not be liable under
this section if the estimates and determinations made according
to those rules do not, in fact, conform with actual
revenue. The
prosecuting attorney of the county, the city director of law, or
other chief law officer of the district shall enforce this
liability by civil action brought in any court of appropriate
jurisdiction in the name of and on behalf of the school district.
If the prosecuting attorney, city director of law, or other chief
law officer of the district fails, upon the written request of
any taxpayer, to institute action for the enforcement of the
liability, the attorney general, or the taxpayer in the taxpayer's own
name, may institute the
action on behalf of the subdivision. (H) This section does not require the attachment of an
additional certificate beyond that required by section 5705.41 of
the Revised Code for current payrolls of,
or contracts of employment with, regular any employees or officers of the school district. This section does not require the attachment of a
certificate to a temporary appropriation measure if all of the
following apply: (1) The amount appropriated does not exceed twenty-five
per cent of the total amount from all sources available for
expenditure from any fund during the preceding fiscal year; (2) The measure will not be in effect on or after the
thirtieth day following the earliest date on which the district
may pass an annual appropriation measure; (3) An amended official certificate of estimated resources
for the current year, if required, has not been certified to the
board of education under division (B) of section 5705.36 of the
Revised Code.
SECTION 2. That existing sections 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.023, 3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412 and sections Sec. 3301.0713. Sec. and 3365.15. of the Revised Code are hereby repealed.
SECTION 3. (A) In each school year prior to July 1, 2005, the performance index score, as defined in section 3302.01 of the Revised Code, as amended by this act, calculated for school districts and school buildings shall include data from any proficiency tests required to be administered under section 3301.0712 in the applicable year, except that weights shall only be assigned for the four ranges of scores established by division (B) of this section.
(B) For each proficiency test required to be administered pursuant to section 3301.0712 of the Revised Code, as amended by this act, the four ranges of scores used to denote different levels of achievement on each test shall be the same as the levels of achievement described in division (A)(2) of section 3301.0710 of the Revised Code, as it existed prior to the effective date of this act.
SECTION 4. That section 3313.608 of the Revised Code be amended to read as follows:
Sec. 3313.608.
(A) Beginning with students who enter
third
grade in
the
school year that starts July 1,
2003,
for any
student who
attains a score in the range designated under division
(A)(2)(d)(e) of
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, 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
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
fourth
grade;
(2) Promote the student to
fourth grade but provide the
student with intensive intervention services in
fourth
grade;
(3) Retain the student in
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.
(B)(1) To assist students in meeting this
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
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 excellent under
to which division (B)(1) (E) of section 3302.03 3301.0715 of the
Revised Code applies may use
another assessment to identify such students.
The
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
(C) of this section,
provide
intervention services to
each
student reading below grade
level. Such intervention
services shall include instruction in
intensive, systematic
phonetics pursuant to rules adopted by the
state board of
education.
(2) For each student entering
third grade after July
1,
2003,
who does not attain by the end of the
third
grade at least
a score
in the range designated under division
(A)(2)(b)(c) of
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
third grade. (C) For each student
required to be offered intervention
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) 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 eighth 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.
(G) This section does not create a new cause of action or a
substantive legal right for any person.
SECTION 5. That existing section 3313.608 of the Revised Code is hereby repealed.
SECTION 6. That the version of section 3313.65 of the Revised Code that is scheduled to take effect on January 1, 2004, be amended to read as follows: Sec. 3313.65. (A) As used in this section and section
3313.64 of the Revised Code: (1) A person is
"in a residential facility" if the person is
a
resident or a resident patient of an institution, home, or other
residential facility that is: (a) Licensed as a nursing home, residential care facility,
or
home for the
aging by the director of health under section
3721.02 of the
Revised Code or licensed as a community alternative
home by the
director of health under section 3724.03 of the
Revised Code; (b) Licensed as an adult care facility by the director of
health under Chapter 3722. of the Revised Code; (c) Maintained as a county home or district home by the
board of county commissioners or a joint board of county
commissioners under Chapter 5155. of the Revised Code; (d) Operated or administered by a board of alcohol, drug
addiction, and mental health services under section 340.03 or
340.06 of the Revised Code, or provides residential care pursuant
to contracts made under section 340.03 or 340.033 of the Revised
Code; (e) Maintained as a state institution for the mentally ill
under Chapter 5119. of the Revised Code; (f) Licensed by the department of mental health under
section 5119.20 or 5119.22 of the Revised Code; (g) Licensed as a residential facility by the department
of
mental retardation and developmental disabilities under
section
5123.19 of the Revised Code; (h) Operated by the veteran's administration or another
agency of the United States government; (i) The Ohio soldiers' and sailors' home. (2) A person is
"in a correctional facility" if any of the
following apply: (a) The person is an Ohio resident and is: (i) Imprisoned, as defined in section 1.05 of the Revised
Code; (ii) Serving a term in a community-based correctional
facility or a
district community-based correctional facility; (iii) Required, as a condition of parole,
a
post-release control sanction, a community control
sanction,
transitional control,
or early release from
imprisonment, as a
condition of shock parole or shock probation
granted under the law
in effect prior to July 1, 1996, or as a
condition of a furlough
granted under
the version of section 2967.26 of the Revised Code
in
effect prior to
March
17,
1998, to reside in a
halfway house or other community
residential
center licensed under section 2967.14 of the Revised
Code or a
similar facility designated by the
court
of
common
pleas
that established the condition or by the adult parole
authority. (b) The person is imprisoned in a state correctional
institution
of another state or a federal correctional institution
but was an
Ohio resident at the time the sentence was imposed for
the crime
for which the person is imprisoned. (3) A person is
"in a juvenile residential placement" if
the
person is an Ohio resident who is under twenty-one years of age
and
has been removed, by the order of a juvenile court, from the
place the person resided at the time the person became subject to
the court's
jurisdiction in the matter that resulted in the
person's removal. (4)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (5)
"Post-release control sanction" has the same meaning as
in section
2967.01 of the Revised Code. (B) If the circumstances described in division (C) of this
section apply, the determination of what school district must
admit a child to its schools and what district, if any, is liable
for tuition shall be made in accordance with this section, rather
than section 3313.64 of the Revised Code. (C) A child who does not reside in the school district in
which the child's parent resides and for whom a tuition obligation
previously has not been established under division (C)(2) of
section 3313.64 of the Revised Code shall be admitted to the
schools of the district in which the child resides if at least
one
of the child's parents is in a residential or correctional
facility or a juvenile residential placement and the other
parent,
if living and not in such a facility or placement, is not
known to
reside in this state. (D) Regardless of who has custody or care of the child,
whether the child resides in a home, or whether the child receives
special
education, if a district admits a child under division (C)
of
this section, tuition shall be paid to that district as
follows: (1) If the child's parent is in a juvenile residential
placement, by the district in which the child's parent resided at
the time the parent became subject to the jurisdiction of the
juvenile court; (2) If the child's parent is in a correctional facility,
by
the district in which the child's parent resided at the time
the
sentence was imposed; (3) If the child's parent is in a residential facility, by
the district in which the parent resided at the time the parent
was
admitted to the residential facility, except that if the
parent
was transferred from another residential facility, tuition
shall
be paid by the district in which the parent resided at the
time
the parent was admitted to the facility from which the parent
first was
transferred; (4) In the event of a disagreement as to which school
district is liable for tuition under division (C)(1), (2), or (3)
of this section, the superintendent of public instruction shall
determine which district shall pay tuition. (E) If a child covered by division (D) of this section
receives special education in accordance with Chapter 3323. of
the
Revised Code, the tuition shall be paid in accordance with
section
3323.13 or 3323.14 of the Revised Code. Tuition for
children who
do not receive special education shall be paid in
accordance with
division (I)(J) of section 3313.64 of the Revised
Code.
SECTION 7. That the existing version of section 3313.65 of the Revised Code that is scheduled to take effect on January 1, 2004, is hereby repealed.
SECTION 8. Sections 6 and 7 of this act take effect on January 1, 2004.
SECTION 9. Within thirty days after the effective date of this act, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall appoint members to the Ohio Accountability Task Force pursuant to section 3302.021 of the Revised Code, as enacted by this act. Within sixty days after the effective date of this act, the Ohio Accountability Task Force shall convene for its initial meeting.
SECTION 10. Not later than ninety days after the effective date of this section, the Superintendent of Public Instruction shall submit to the General Assembly a detailed financial analysis of the projected costs for the state and for each school district of compliance with the "No Child Left Behind Act of 2001," Pub. L. 107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds the state can reasonably expect to receive per year under that act; and the financial consequences to the state and each school district for noncompliance with that act. The financial analysis shall examine the costs involved in building the capacity of school districts and buildings to assist students in achieving at levels that satisfy federal and state requirements. These costs shall include, but not be limited to, the following: (A) The costs for all school districts and buildings to make adequate yearly progress each year through the 2013-2014 school year and to have all students performing at the proficient level on achievement tests by June 30, 2014;
(B) The costs of providing intervention services to students who are not achieving at expected levels;
(C) The costs of professional development for teachers and administrators on the statewide academic standards adopted pursuant to section 3301.079 of the Revised Code and on the interpretation of student performance data;
(D) The costs of extending the school day or year under division (E)(3) of section 3302.04 of the Revised Code;
(E) The costs of complying with the requirement that teachers of core subject areas be "highly qualified" as defined in federal law.
SECTION 11. The Legislative Office of Education Oversight shall conduct a study that evaluates the correlation between students' race and class and academic achievement, particularly comparing the academic achievement of low-income, African-American and Hispanic students with that of middle-class, white students. In conducting the study, the Office shall use at least five years of data collected and maintained by the Ohio Department of Education. The study shall focus on the academic achievement of students in the fourth, sixth, and ninth grades. The Office shall submit the final results of the study to the General Assembly not later than September 30, 2004. SECTION 12. The Legislative Office of Education Oversight shall conduct a study of the intervention services required to be provided by school districts under sections 3301.0711, 3313.608, and 3313.6012 of the Revised Code. If any diagnostic assessment is administered by school districts in accordance with section 3301.0715 of the Revised Code in the school year beginning July 1, 2003, the Office also shall include the intervention services required by that section in the study. In conducting the study, the Office shall examine each of the following issues:
(A) The types of intervention services that districts are currently providing to students;
(B) The manner in which the Department of Education informs districts of their obligation to provide intervention services and assists the districts in developing appropriate intervention strategies;
(C) The manner in which the Department tracks compliance by school districts with requirements to provide intervention services;
(D) The cost to districts of providing intervention services;
(E) Whether there are any intervention services that districts are not providing due to insufficient funding.
The Office shall issue a written report of its findings to the General Assembly not later than December 31, 2004. SECTION 13. The Legislative Office of Education Oversight shall conduct a study of the performance of students in the Class of 2007 on the Ohio Graduation Tests prescribed by division (B) of section 3301.0710 of the Revised Code to determine how well students meet the statewide academic standards developed pursuant to section 3301.079 of the Revised Code. The study shall include all students who enter the ninth grade in the school year beginning July 1, 2003; the Office shall not exclude from any analysis students who leave school prior to graduation. In conducting the study, the Office shall determine the number of such students who attain a score at the proficient level on all five of the Ohio Graduation Tests by June 30, 2007. To the extent possible, the Office also shall determine the number of such students who satisfy the alternative conditions described in section 3313.615 of the Revised Code for meeting the testing requirement to be eligible for a diploma. The Office shall issue annual written reports to the General Assembly, and shall issue a final, comprehensive written report of its findings to the General Assembly not later than December 31, 2007. SECTION 14. The Legislative Office of Education Oversight shall conduct a study that reviews the progress of school districts and the Department of Education in hiring highly qualified teachers in the core subject areas of English, reading, language arts, mathematics, science, foreign language, civics and government, economics, arts, history, and geography, as required by Title I of the "No Child Left Behind Act," Pub. L. No. 107-110. The study shall evaluate, over a five-year period, all of the following:
(A) The progress of individual school districts in complying with the highly qualified teacher requirement;
(B) Whether the definition of "highly qualified teacher" adopted by the State Board of Education complies with the "No Child Left Behind Act";
(C) The efforts of the Department of Education in assisting school districts to comply with the "No Child Left Behind Act's" requirement, and in monitoring the progress of school districts in ensuring highly qualified teachers are employed in core subject areas.
The Office shall submit three interim reports of its findings to the General Assembly. The first interim report shall evaluate compliance with the highly qualified teacher requirement in the 2002-2003 and 2003-2004 school years, the second interim report shall evaluate compliance with the requirement in the 2004-2005 school year, and the third interim report shall evaluate compliance with the requirement in the 2005-2006 school year. A final report shall be submitted to the General Assembly that evaluates compliance in the 2006-2007 school year and the prior four school years. SECTION 15. Until the Department of Education incorporates a value-added progress dimension into the performance ratings in accordance with section 3302.021 of the Revised Code, as enacted by this act, the Department shall include a growth factor based upon the performance index score, as defined in section 3302.01 of the Revised Code, as amended by this act, in the determination of performance ratings for school districts and buildings. SECTION 16. The amendment of rule 3301-35-10 of the Administrative Code, as proposed by the State Board of Education on January 14, 2003, is not subject to the requirement of former section 3314.20 of the Revised Code that the rule be approved by the General Assembly through the passage of a joint resolution before the rule may take effect. Notwithstanding any provision of Chapter 119. of the Revised Code to the contrary, the State Board may file the amendment in final form under section 119.04 of the Revised Code on or after the effective date of this act. The amendment takes effect on the tenth day after being filed in final form under section 119.04 of the Revised Code, unless the State Board designates a later date. SECTION 17. The amendment of rule 3301-101-01 of the Administrative Code, as proposed by the State Board of Education on January 14, 2003, is not subject to the requirement of former section 3302.05 of the Revised Code that the rule be approved by the General Assembly through the passage of a joint resolution before the rule may take effect. Notwithstanding any provision of Chapter 119. of the Revised Code to the contrary, the State Board may file the amendment in final form under section 119.04 of the Revised Code on or after the effective date of this act. The amendment takes effect on the tenth day after being filed in final form under section 119.04 of the Revised Code, unless the State Board designates a later date. SECTION 18. The amendment of section 3301.91 of the Revised Code by this act is not intended to supersede its earlier repeal, effective July 1, 2004, by Am. Sub. H.B. 1 of the 123rd General Assembly.
SECTION 19. Of the amounts appropriated for fiscal year 2004 and fiscal year 2005 in appropriation item 200-455, Community Schools, Section 41 of Am. Sub. H.B. 95 of the 125th General Assembly, up to $250,000 in each fiscal year shall be used by the Department of Education to contract with the Ohio Foundation for School Choice to develop and conduct training sessions for sponsors of community schools as prescribed in division (A)(1) of section 3314.015 of the Revised Code. The contract shall require that in developing such training sessions, the Ohio Foundation for School Choice shall collect and disseminate examples of best practices used by sponsors of independent charter schools in Ohio and other states.
This section supersedes the second paragraph under the heading "COMMUNITY SCHOOLS" in Section 41.06 of Am. Sub. H.B. 95 of the 125th General Assembly. The Department shall not implement the provisions of that paragraph.
SECTION 20. Not later than one year after the effective date of this section, the Department of Education shall make recommendations to the State Board of Education for assigning performance ratings pursuant to section 3302.03 of the Revised Code to school districts and buildings that make adequate yearly progress but show statistically significant differences in performance among white, middle-class students and any of the subgroups defined in section 3302.01 of the Revised Code. The recommendations shall provide for lowering the performance ratings assigned to such districts and buildings. The recommendations shall also specify the degree of difference between the performance of white, middle-class students and subgroups that should be deemed unacceptable and the appropriate length of time that districts and buildings should be granted to close the performance differences before having their performance ratings lowered. Copies of the recommendations shall be provided to the Governor, the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the chairpersons and ranking minority members of the education committees.
SECTION 21. For purposes of calculating the instructional and general fees charged in the prior academic year in implementing any instructional and general fee increase limitations imposed by Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly, the instructional and general fees during an academic year for any state-assisted institution of higher education on the quarter system that does not increase its instructional and general fees during the summer term shall be defined as the sum of the instructional and general fees charged to a full-time student in the fall, winter, and spring quarters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing any instructional and general fee increase limitations imposed by Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly, the instructional and general fees during an academic year for any state-assisted institution of higher education on the quarter system that does increase its instructional and general fees during the summer term shall be defined as three-fourths of the sum of the instructional and general fees charged to a full-time student in the fall, winter, spring, and summer quarters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing any instructional and general fee increase limitations imposed by Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly, the instructional and general fees during an academic year for any state-assisted institution of higher education on the semester system that does not increase its instructional and general fees during the summer term shall be defined as the sum of the instructional and general fees charged to a full-time student in the fall and spring semesters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing any instructional and general fee increase limitations imposed by Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly, the instructional and general fees during an academic year for any state-assisted institution of higher education on the semester system that does increase its instructional and general fees during the summer term shall be defined as two-thirds of the sum of the instructional and general fees charged to a full-time student in the fall, spring, and summer semesters.
This section shall not apply to Miami University in implementing the pilot tuition restructuring plan recognized by Am. Sub. H.B. 95 of the 125th General Assembly.
SECTION 22. When calculating the reappraisal guarantee under division (C) or (D) of section 3317.04 of the Revised Code in fiscal year 2005, the Department of Education shall include in a school district's fiscal year 2004 payments any transitional aid paid to the district under Section 41.37 of Am. Sub. H.B. 95 of the 125th General Assembly. SECTION 23. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 248 and Sub. H.B. 364 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
SECTION 24. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that Ohio needs to comply with the federal requirements contained in the "No Child Left Behind Act of 2001" and public schools need to know the accountability standards to which they will be held in future school years. Therefore, this act shall go into immediate effect.
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