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Sub. H. B. No. 3 As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Schlichter, Callender, Carano, Chandler, DeBose, DeWine, Distel, C. Evans, Hartnett, Hoops, Reidelbach, Reinhard, Taylor, Webster, Williams, Yates, Cates, Collier, Hagan, Hughes, Jolivette, Key, McGregor, Otterman, Peterson, Seitz, Ujvagi, Widener, Widowfield
A BILL
To amend sections 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.91, 3302.01, 3302.03, 3302.04, 3313.532, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.97, 3314.012, 3314.03, and 3317.012; to enact new section 3302.02 and sections 3302.021 and 3313.971; and to repeal sections 3301.0713, 3302.02, 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 at least four ranges of scores on the Ohio Graduation Tests; changing the names of the levels of achievement associated with the achievement tests; requiring an annual determination of a district's progress toward meeting a "nationally proficient" level of achievement (AYP); prohibiting exemptions from taking achievement tests for limited English proficient students; making the administration of diagnostic assessments to certain students voluntary; specifying the state performance indicators for school districts and buildings; adding calculations of a performance index score to determinations of school district and building performance ratings; directing the Department of Education to incorporate a value-added progress dimension into the district and building report cards by July 1, 2005; creating the Ohio Accountability Committee to monitor the implementation of the value-added factor and to make recommendations regarding the state's accountability system; requiring the disaggregation of student performance data according to disability, limited English proficient status, and migrant status and eliminating disaggregations of data by vocational education status; specifying the sanctions for school districts and buildings, including community schools, that fail to meet performance standards; directing school districts to allow students enrolled in persistently dangerous schools to transfer and to amend the version of section 3313.608 of the Revised Code that is scheduled to take effect July 1, 2003, to continue the provisions of this act on and after that effective date.
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, 3301.91, 3302.01, 3302.03, 3302.04, 3313.532, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.97, 3314.012, 3314.03, and 3317.012 be amended and new section 3302.02 and sections 3302.021 and 3313.971 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 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 is considered one of the
following: (a) An advanced level of skill Advanced proficient; (b) A proficient level of skill Ohio proficient; (c) A basic level of skill Nationally proficient; (d) A below basic level of skill Limited proficient.
(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)(b) 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)(b) 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)(2) 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)(2)
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) In designating scores on the tests described by this section pursuant to division (A)(2) or (B) of this section, if the state board intends to make any change to recommendations made by any committee established by the department of education for the purpose of setting such scores, the president of the state board shall explain the intended change before a joint meeting of the house of representatives and senate committees with jurisdiction over education legislation. The state board shall not adopt the intended change unless, by concurrent resolution, the change is approved by both houses of the general assembly.
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 once annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(b) 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 (a) Except as prohibited by division (C)(3)(b) of this section, a school district board or governing authority of a chartered 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 excuse any limited English proficient student from taking any particular test required to be administered under this section, provided that any student so excused by a district board shall take an alternate assessment approved by the department in accordance with division (C)(1)(b) of this section and designed to yield reliable information on that student's academic ability. 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
governing authority of a
chartered
nonpublic school shall prohibit
an English-limited a limited English proficient student
from
taking a test
under this section. (b) No district board shall excuse any limited English proficient student from taking any test in reading prescribed by section 3301.0710 of the Revised Code that is written in English if the student has been enrolled in United States schools for three or more consecutive years. (D) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) 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 Ohio proficient
level
on a proficiency test or a score in the basic nationally proficient
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 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department. (2) The department of education shall furnish the tests
prescribed by section 3301.0710 of the Revised Code to any
chartered nonpublic school electing to participate under this
division. (L)(1)
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 nationally proficient 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 Ohio 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. (j) The percentage of students receiving corporal
punishment; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, 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 In accordance with
this section, the board of education of each city,
local, and
exempted village school district shall administer each 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)(1) of section 3302.04 of the Revised Code; (2) Any student who transfers into the district. (B) Each district board shall administer each diagnostic
assessment as whenever 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 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 may assess student progress 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) 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. 3301.91. (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 in the following manner: (1) Students who do not take a test receive a weight of zero. (2) Students who score at the limited proficient level on a test receive a weight of three-tenths.
(3) Students who score at the nationally proficient level on a test receive a weight of six-tenths.
(4) Students who score at the Ohio proficient level on a test receive a weight of one.
(5) Students who score at the advanced proficient level on a test receive a weight of one and two-tenths. 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 nationally 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 nationally 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 improvement. "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 in the district or building 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 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 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 percentage of students in the subgroup described in division (F)(2) of this section who are not required to score at or above the nationally 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 not exceed the percentage permitted by federal law.
(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 level of national proficiency 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. (A) Except as provided in division (B) of this section, the following are the expected state performance indicators for school districts and school buildings:
(1) At least seventy-five per cent of third graders Ohio proficient on the reading test prescribed by division (A)(1)(a) of section 3301.0710 of the Revised Code;
(2) At least seventy-five per cent of third graders Ohio proficient on the mathematics test prescribed by division (A)(1)(a) of section 3301.0710 of the Revised Code;
(3) At least seventy-five per cent of fourth graders Ohio proficient on the reading test prescribed by division (A)(1)(b) of section 3301.0710 of the Revised Code;
(4) At least seventy-five per cent of fourth graders Ohio proficient on the writing test prescribed by division (A)(1)(b) of section 3301.0710 of the Revised Code;
(5) At least seventy-five per cent of fourth graders Ohio proficient on the mathematics test prescribed by division (A)(1)(b) of section 3301.0710 of the Revised Code;
(6) At least seventy-five per cent of fifth graders Ohio proficient on the reading test prescribed by division (A)(1)(c) of section 3301.0710 of the Revised Code;
(7) At least seventy-five per cent of fifth graders Ohio proficient on the mathematics test prescribed by division (A)(1)(c) of section 3301.0710 of the Revised Code;
(8) At least seventy-five per cent of fifth graders Ohio proficient on the science test prescribed by division (A)(1)(c) of section 3301.0710 of the Revised Code;
(9) At least seventy-five per cent of fifth graders Ohio proficient on the social studies test prescribed by division (A)(1)(c) of section 3301.0710 of the Revised Code;
(10) At least seventy-five per cent of sixth graders Ohio proficient on the reading test prescribed by division (A)(1)(d) of section 3301.0710 of the Revised Code;
(11) At least seventy-five per cent of sixth graders Ohio proficient on the mathematics test prescribed by division (A)(1)(d) of section 3301.0710 of the Revised Code;
(12) At least seventy-five per cent of seventh graders Ohio proficient on the reading test prescribed by division (A)(1)(e) of section 3301.0710 of the Revised Code;
(13) At least seventy-five per cent of seventh graders Ohio proficient on the writing test prescribed by division (A)(1)(e) of section 3301.0710 of the Revised Code;
(14) At least seventy-five per cent of seventh graders Ohio proficient on the mathematics test prescribed by division (A)(1)(e) of section 3301.0710 of the Revised Code;
(15) At least seventy-five per cent of eighth graders Ohio proficient on the reading test prescribed by division (A)(1)(f) of section 3301.0710 of the Revised Code;
(16) At least seventy-five per cent of eighth graders Ohio proficient on the mathematics test prescribed by division (A)(1)(f) of section 3301.0710 of the Revised Code;
(17) At least seventy-five per cent of eighth graders Ohio proficient on the science test prescribed by division (A)(1)(f) of section 3301.0710 of the Revised Code;
(18) At least seventy-five per cent of eighth graders Ohio proficient on the social studies test prescribed by division (A)(1)(f) of section 3301.0710 of the Revised Code;
(19) At least seventy-five per cent of tenth graders Ohio proficient on the reading test prescribed by division (B) of section 3301.0710 of the Revised Code;
(20) At least seventy-five per cent of tenth graders Ohio proficient on the writing test prescribed by division (B) of section 3301.0710 of the Revised Code;
(21) At least seventy-five per cent of tenth graders Ohio proficient on the mathematics test prescribed by division (B) of section 3301.0710 of the Revised Code;
(22) At least seventy-five per cent of tenth graders Ohio proficient on the science test prescribed by division (B) of section 3301.0710 of the Revised Code;
(23) At least seventy-five per cent of tenth graders Ohio proficient on the social studies test prescribed by division (B) of section 3301.0710 of the Revised Code;
(24) At least eighty-five per cent of eleventh graders Ohio proficient on the reading test prescribed by division (B) of section 3301.0710 of the Revised Code;
(25) At least eighty-five per cent of eleventh graders Ohio proficient on the writing test prescribed by division (B) of section 3301.0710 of the Revised Code;
(26) At least eighty-five per cent of eleventh graders Ohio proficient on the mathematics test prescribed by division (B) of section 3301.0710 of the Revised Code;
(27) At least eighty-five per cent of eleventh graders Ohio proficient on the science test prescribed by division (B) of section 3301.0710 of the Revised Code;
(28) At least eighty-five per cent of eleventh graders Ohio proficient on the social studies test prescribed by division (B) of section 3301.0710 of the Revised Code;
(29) A ninety per cent graduation rate;
(30) A ninety-three per cent attendance rate.
(B) Only those performance indicators that are applicable to the grade levels of the students in a school building shall apply to that building.
Sec. 3302.021. (A) Not later than July 1, 2005, the department of education shall incorporate a value-added progress dimension into the report cards and performance ratings issued for school 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 committee established under division (C) 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 and 3301.0714 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 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)(1) There is hereby established the Ohio accountability committee. The committee shall consist of the following eleven members:
(a) The chairpersons and ranking minority members of the house of representatives and senate standing committees primarily responsible for education legislation;
(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.
Initial appointed members of the committee 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 committee shall select from among its members a chairperson. The committee 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 committee shall serve without compensation.
(2) The committee shall do all of the following:
(a) Monitor 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) Advise the department and the state board on all issues related to the school district and building accountability system established under Chapter 3302. of the Revised Code;
(c) Not later than five years after its initial meeting, make recommendations to improve and simplify the school district and building accountability system established under Chapter 3302. of the Revised Code. The committee 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.
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 established 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 of at least one hundred. (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 of at least one hundred. (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 of at least ninety but less than one hundred. (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 of at least ninety, 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 of less than ninety. (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 of at least eighty but less than ninety. (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 of at least seventy but less than eighty. (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 thirty per cent
of the
applicable state performance
indicators, and has a performance index score of less than seventy. (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 established 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. The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. 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)(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 in section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall include for each district or building only those students who are included in the formula 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.
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, 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 specified in section 3302.02 of the Revised Code that it did not meet and, if applicable, 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 or buildings that
have been
recommended to the
general assembly by the department of
education
and approved by joint
resolution of the general
assembly.
(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 has been declared to be in need of continuous improvement, under an academic watch, or in a state of academic emergency under section 3302.03 of the Revised Code.
(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 performance designation assigned to the building under section 3302.03 of the Revised Code 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 school 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 has made adequate yearly progress for at least two consecutive school years. Notwithstanding Chapter 3327. of the Revised Code, the district shall spend at least 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. (c) Administer diagnostic assessments in accordance with section 3301.0715 of the Revised Code to each student enrolled in the building and provide intervention services to those students eligible for such services under that section. (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 school 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 has made adequate yearly progress for at least two consecutive school years. 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 school 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 at least 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)(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)(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)(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 division (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; (c) Contract with a nonprofit or for-profit entity to operate the building; (d) 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 have been declared to be in need of continuous improvement, under an academic watch, or in a state of academic emergency under section 3302.03 of the Revised Code. (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. 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. 3313.6012. (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)(3) 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 Ohio proficient level on a reading,
writing, mathematics, social studies, or science proficiency test
administered in the fourth, sixth, or ninth grade or
below the
basic nationally proficient 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 or on alternate assessments taken in lieu of such tests 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 or on alternate assessments taken in lieu of such tests 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 or on alternate assessments taken in lieu of such tests shall be awarded a diploma under this
section.
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. The policy shall grant preference over all other applicants to students who apply to enroll in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code. In the event that there are insufficient openings available for all students who apply to enroll in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code, then preference among such students shall be granted to the lowest achieving students among the subgroup described in division (E)(3) of section 3302.01 of the Revised Code. (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) 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. 3313.971. (A) As used in this section:
(1) "School zone" includes all of the following:
(a) The parcel of real property on which any school building is situated during those times when school is in session;
(b) Any other parcel of real property that is owned or leased by a board of education and on which some instruction, extracurricular activities, or training is conducted during those times when school is in session;
(c) Any school bus used for transporting students to and from a school building or school-sponsored activity and any bus stops designated by a board of education;
(d) Any activities held under the auspices of a board of education, includiing any school-sponsored activities that take place off the premises of the school building.
(2) "Persistently dangerous school" means any school building operated by a board of education that satisfies one of the following conditions:
(a) The school building has an average daily membership of three hundred or fewer students and six or more offenses of violence occur within the school zone in each of two consecutive school years.
(b) The school building has an average daily membership between three hundred one and one thousand three hundred forty-nine students and two or more offenses of violence per one hundred students occur within the school zone in each of two consecutive school years.
(c) The school building has an average daily membership of one thousand three hundred fifty or more students and twenty-seven or more offenses of violence occur within the school zone in each of two consecutive school years.
(B) Except under the conditions specified in division (C) of this section, the board of education of any city, exempted village, or local school district shall provide any student who attends a persistently dangerous school or who is the victim of an offense of violence while within the school zone of the school that the student attends the opportunity to enroll in another school operated by the district that is not a persistently dangerous school. For purposes of this division, a student is a victim of an offense of violence if the alleged perpetrator of such offense has plead guilty to or been convicted of committing such offense against the student or has been adjudicated a delinquent child for committing against the student an act that would be such an offense if committed by an adult.
Notwithstanding Chapter 3327. of the Revised Code, a district board is not required to provide transportation to a nonhandicapped student who enrolls in another school under this division 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.
(C) In the event there is no school operated by the district that is not a persistently dangerous school and that offers instruction in the grade level of a student eligible to transfer pursuant to division (B) of this section, the district may enter into an agreement with another city, exempted village, or local school district allowing the student to enroll in a school operated by that district that is not a persistently dangerous school. Prior to such enrollment, the superintendent of each district shall enter into a written agreement consenting to the attendance of the student in the district and specifying that the reason for the attendance is to satisfy the requirements of this section.
Upon the request of a parent or guardian, and provided that the district offers transportation to students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are of the same grade level and distance from school under section 3327.01 of the Revised Code, any school district that agrees to allow a student to enroll in one of its schools under this division shall be required to pick up and drop off a nonhandicapped student only at a regular school bus stop designated in accordance with the board's transportation policy.
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, including whether the school has made adequate yearly progress as defined in section 3302.01 of the Revised Code, utilizing one of the
models developed under division (A) of this section. (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. 3314.03.
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. 3317.012. (A)(1) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1999,
performed the calculation described in division
(B) of this
section,
adjusted the results for inflation,
and added the
amounts described in division (A)(2) of this section, hereby
determines that the
base cost of an adequate education per pupil
for the fiscal year beginning
July 1,
2001, is
$4,814.
For
the
five following fiscal years,
the base cost per pupil for
each of
those years, reflecting an annual rate of inflation of two
and
eight-tenths
per cent, is
$4,949 for fiscal year
2003,
$5,088
for fiscal year
2004,
$5,230
for
fiscal year
2005,
$5,376 for
fiscal year
2006,
and
$5,527 for fiscal year
2007.
(2) The base cost per pupil amounts specified in division
(A)(1) of this section include amounts to reflect the cost to
school districts of increasing the minimum number of high school
academic units required for graduation beginning September 15,
2001, under section 3313.603 of the Revised Code. Analysis of
fiscal year 1999 data revealed that the school districts meeting
the requirements of division (B) of this section on average
required high school students to complete a minimum of nineteen
and eight-tenths units to graduate. The general assembly
determines that the cost of funding the additional two-tenths unit
required by section 3313.603 of the Revised Code is $12
per pupil
in fiscal year 2002. This amount was added after the
calculation
described in division (B) of this section and the
adjustment for
inflation from fiscal year 1999 to fiscal year
2002. It is this
total amount, the calculated base cost plus the
supplement to pay
for the additional partial unit, that
constitutes the base cost
amount specified in division (A)(1) of
this section for fiscal
year 2002 and that is inflated to produce
the base cost amounts
for fiscal years 2003 through 2007. (B) In
determining the base cost stated in division (A) of
this section,
capital and debt costs,
costs paid for by federal
funds, and costs covered by funds
provided
for disadvantaged
pupil impact aid
and
transportation were excluded, as were the
effects on the
districts' state
funds of the application of the
cost-of-doing-business factors, assuming
a seven and
one-half per
cent
variance. The base cost for fiscal year
1999 was calculated as the
unweighted average
cost per student, on a school district basis,
of educating students who were
not receiving vocational education
or services pursuant to
Chapter 3323. of the
Revised
Code and who
were enrolled in a
city, exempted village, or local school
district that in
fiscal year
1999 met all of the following
criteria: (1) The district met at least
twenty of the
following
twenty-seven performance
indicators: (a) A
ninety per cent or
higher
graduation rate; (b) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed under former
division
(A)(1)
of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under former
division
(A)(1)
of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (f)
At least seventy-five per cent of fourth graders
proficient on the science test prescribed under former division (A)(1) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (g) At least seventy-five per cent of sixth graders
proficient on the mathematics test prescribed under former division
(A)(2) of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (h) At least seventy-five per cent of sixth graders
proficient on the reading test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (i) At least seventy-five per cent of sixth graders
proficient on the writing test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (j) At least seventy-five per cent of sixth graders
proficient on the citizenship test prescribed under former division
(A)(2) of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (k) At least seventy-five per cent of sixth graders
proficient on the science test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (l) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly; (m) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly; (n) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly; (o) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed
under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly; (p) At least seventy-five per cent of ninth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(q) At least eighty-five per cent of tenth graders proficient
on the mathematics test prescribed under
Section 4 of Am. Sub.
S.B.
55 of the 122nd general assembly; (r) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly; (s) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly; (t) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly; (u) At least eighty-five per cent of tenth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly; (v) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (w) At least sixty per cent of twelfth graders proficient
on
the reading test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (x) At least sixty per cent of twelfth graders proficient
on
the writing test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (y) At least sixty per cent of twelfth graders proficient
on
the citizenship test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (z) At least sixty per cent of twelfth graders proficient
on
the science test prescribed under former division (A)(3) of section
3301.0710 of the Revised Code, as it existed prior to September 11, 2001; (aa) An attendance rate for the
year of at least
ninety-three per cent as defined in
section 3302.01 of the
Revised
Code.
In determining whether a school district met any of the
performance standards specified in divisions (B)(1)(a) to (aa) of
this section, the general assembly used a rounding procedure
previously recommended by the department of education. It is the
same rounding procedure the general assembly used in 1998 to
determine whether a district had met the standards of former
divisions (B)(1)(a) to (r) of this section, as it existed prior to July 1, 2001, for purposes of
constructing the previous model based on fiscal year 1996 data. (2) The district was not among the
five per cent of all
districts with the highest income, nor among the
five per
cent of
all
districts with the lowest income. (3) The district was not among the five per cent of all
districts with the highest valuation per pupil, nor among the
five
per cent of all
districts with the lowest valuation per
pupil.
This model for calculating the base cost of an adequate
education is expenditure-based. The general assembly recognizes
that increases in state funding to school districts since fiscal
year 1996, the fiscal year upon which the general assembly based
its model for calculating state funding to school districts for
fiscal years 1999 through 2001, has increased school district base
cost expenditures for fiscal year 1999, the fiscal year upon which
the general assembly based its model for calculating state funding
for fiscal years 2002 through 2007. In the case of school
districts included in the fiscal year 1999 model that also had met
the
fiscal year 1996 performance criteria of former division
(B)(1) of
this section, as it existed prior to July 1, 2001, the increased state funding may
have
driven the
districts' expenditures beyond the expenditures
that
were actually
needed to maintain their educational programs
at the
level
necessary to maintain their ability to meet the fiscal year
1999 performance criteria of current division (B)(1) of this
section. The
general assembly has determined to control for
this
effect by
stipulating in the later model that the fiscal year
1999
base cost
expenditures of the districts that also met the
performance criteria of former division (B)(1) of this section, as it existed prior to July 1, 2001,
equals
their base cost expenditures per pupil for
fiscal year
1996,
inflated to fiscal year 1999 using an annual
rate of
inflation of
two and eight-tenths per cent. However, if this
inflated amount exceeded the district's actual fiscal year 1999
base cost expenditures per pupil, the district's actual fiscal
year 1999 base cost expenditures per pupil were used in the
calculation. For districts
in the 1999 model
that did not also
meet the performance criteria of former division (B)(1) of this
section, as it existed prior to July 1, 2001,
the actual 1999
base cost per pupil expenditures were
used in the
calculation of
the average district per pupil costs of
the model
districts. (C) In July of
2005, and in July of every six
years
thereafter, the speaker of the house of representatives and the
president of the senate shall each appoint three members to a
committee to reexamine the cost of an adequate education. No
more
than two members from any political party shall represent
each
house. The director of budget and management and the
superintendent of public instruction shall serve as nonvoting ex
officio members of the committee. The committee shall select a rational methodology for
calculating the costs of an adequate education system for the
ensuing six-year period, and shall report the methodology and
the
resulting costs to the general assembly. In
performing its
function, the committee is not bound by any
method used by
previous general assemblies to examine and
calculate costs and
instead may utilize any rational method it
deems suitable and
reasonable given the educational needs and
requirements of the
state at that time. The methodology for determining the cost of an adequate
education system shall take into account the basic
educational
costs that all districts incur in educating regular
students, the
unique needs of special categories of students,
and significant
special conditions encountered by certain
classifications of
school districts.
The committee also shall redetermine, for purposes of
updating the parity aid calculation under section 3317.0217 of the
Revised Code, the average number of effective operating mills that
school districts in the seventieth to ninetieth percentiles of
valuations per pupil collect above the revenues required to
finance their attributed local shares of the calculated cost of
an
adequate education. Any committee appointed pursuant to this section shall
make
its report to the office of budget and management and the
general
assembly within
one year of its appointment
so that the
information is available for use by the office and the general
assembly in preparing the next biennial appropriations
act.
(D)(1) For purposes of this division, an "update year" is
the first fiscal year for which the per pupil base cost of an
adequate education is in effect after being recalculated by the
general assembly. The first update year is fiscal year 2002. The
second update year is fiscal year 2008. (2) The general assembly shall recalculate the per pupil
base cost of an adequate education every six years after
considering the recommendations of the committee appointed under
division (C) of this section. At the time of the recalculation,
for each of the five fiscal years following the update year, the
general assembly shall adjust the base cost recalculated for the
update year using an annual rate of inflation that the general
assembly determines appropriate. (3) The general assembly shall include, in the act
appropriating state funds for education programs for a fiscal
biennium that begins with an update year, a statement of its
determination of the total state share percentage of base cost and
parity aid funding for the update year. (4) During its biennial budget deliberations, the general
assembly shall determine the total state share percentage of base
cost and parity aid funding for each fiscal year of the upcoming
biennium. This determination shall be based on the latest
projections and data provided by the department of education under
division (D)(6) of this section prior to the enactment of
education appropriations for the upcoming biennium. If, based on
those latest projections and data, the general assembly determines
that the total state share percentage for either or both nonupdate
fiscal years varies more than two and one-half percentage points
more or less than the total state share percentage for the most
recent update year, as previously stated by the general assembly
under division (D)(3) of this section, the general assembly shall
determine and enact a method that it considers appropriate to
restrict the estimated variance for each year to within two and
one-half percentage points. The general assembly's methods may
include, but are not required to include and need not be limited
to, reexamining the rate of millage charged off as the local share
of base cost funding under divisions (A)(1) and (2) of section
3317.022 of the Revised Code. Regardless of any changes in
charge-off millage rates in years between update years, however,
the charge-off millage rate for update years shall be twenty-three
mills, unless the general assembly determines that a different
millage rate is more appropriate to share the total calculated
base cost between the state and school districts. (5) The total state share percentage of base cost and parity
aid funding for any fiscal year is calculated as follows:
[(Total state base cost + total state parity aid funding) -
statewide charge-off amount] / (Total state base cost + total
state parity aid funding)(a) The total state base cost equals the sum of the base
costs for all school districts for the fiscal year. (b) The base cost for each school district equals: formula
amount X cost-of-doing-business factor Xthe greater of formula
ADM or
three-year average formula ADM(c) The total state parity aid funding equals the sum of the
amounts paid to all school districts for the fiscal year under
section 3317.0217 of the Revised Code. (d) The statewide charge-off amount equals the sum of the
charge-off amounts for all school districts. (e) The charge-off amount for each school district is the
amount calculated as its local share of base cost funding and
deducted from the total calculated base cost to determine the
amount of its state payment under divisions (A)(1) and (2) of
section 3317.022 of the Revised Code. The charge-off amount for
each school district in fiscal year 2002 is the product of
twenty-three mills multiplied by the district's recognized
valuation as adjusted, if applicable, under division (A)(2) of
section 3317.022 of the Revised Code. If however, in any fiscal
year, including fiscal year
2002, a school district's calculated
charge-off amount exceeds its
base cost calculated as described in
division (D)(5)(b) of this
section, the district's charge-off
amount shall be deemed to equal
its calculated base cost. (6) Whenever requested by the chairperson of the standing
committee of the house
or
of representatives or the senate having
primary jurisdiction over appropriations, the legislative budget
officer, or the director of budget and management, the department
of education shall report its latest projections for total base
cost, total parity aid funding, and the statewide charge-off
amount, as those terms are defined in division (D)(5) of this
section, for each year of the upcoming fiscal biennium, and all
data it used to make the projections.
Section 2. That existing sections 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.91, 3302.01, 3302.03, 3302.04, 3313.532, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.97, 3314.012, 3314.03, and 3317.012 and sections Sec. 3301.0713. , Sec. 3302.02, and 3365.15. of the Revised Code are hereby repealed.
Section 3. (A) Notwithstanding section 3302.02 of the Revised Code, as amended by this act, and except as provided in division (B) of this section, for each school year prior to July 1, 2007, the state performance indicators for school districts and school buildings shall be the following:
(1) For each test prescribed by former division (A)(1) or (B) of section 3301.0710 of the Revised Code, as it existed prior to the effective date of this act, or former division (B) of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001, that is administered to students at the appropriate grade level, at least seventy-five per cent of those students Ohio proficient on the test;
(2) For each test prescribed by former division (B) of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001, that is administered to tenth graders, at least eighty-five per cent of tenth graders Ohio proficient on the test;
(3) A ninety per cent graduation rate;
(4) A ninety-three per cent attendance rate.
(B) Only those performance indicators that are applicable to the grade levels of the students in a school building shall apply to that building.
(C) 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.
(D) 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 amended by this act.
Section 4. That the version of section 3313.608 of the Revised Code that is scheduled to take effect July 1, 2003, 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) 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 a
school district shall may use such diagnostic
assessment to identify
such students, except that any district
declared excellent under
division (B)(1) of section 3302.03 of the
Revised Code 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) 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 the existing version of section 3313.608 of the Revised Code that is scheduled to take effect July 1, 2003, is hereby repealed.
Section 6. Sections 4 and 5 of this act take effect July 1, 2003.
Section 7. 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 Committee 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 Committee shall convene for its initial meeting.
Section 8. Notwithstanding section 3301.0712 of the Revised Code, as amended by this act, and Section 9 of Am. Sub. S.B. 1 of the 124th General Assembly, in the school year beginning July 1, 2003, the Department of Education and each school district shall administer the test to measure skill in reading required under former division (A)(1) of section 3301.0710 of the Revised Code, as it existed prior to September 11, 2001, to all students enrolled in the fourth grade one time during the school year in March.
Section 9. Not later than thirty 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.
Section 10. 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 11. 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. Section 3317.012 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 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 composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
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