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Am. H. B. No. 493 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Hoops, Husted, J. Stewart, Aslanides, C. Evans, T. Patton, Willamowski, Latta, Seitz, Raga, Schaffer, Flowers, Setzer, G. Smith, Kearns, McGregor, Hughes, Schmidt, Ujvagi, D. Evans, Combs, Faber, Widener, Taylor, Schlichter, Slaby, Widowfield, Wolpert, Carmichael, Collier, Hartnett, Skindell, Carano, S. Patton, Miller, Seaver, Perry, Cirelli, Chandler, Otterman, Beatty, Brown, D. Stewart, Key, Mason, Allen, Barrett, Calvert, Clancy, Daniels, DeBose, DeGeeter, Domenick, Gibbs, Gilb, Harwood, Martin, Niehaus, Olman, Price, Reidelbach, S. Smith, Strahorn, Walcher, Wilson
Senators Coughlin, Robert Gardner, Randy Gardner
A BILL
To amend sections 3119.89, 3119.90, 3119.94, 3121.38, 3301.0711, 3302.01, 3302.03, 3302.04, 3313.614, 3317.012, and 3319.55, to enact sections 5.2229, 3121.373, 3121.382, 3302.09, and 3319.63 of the Revised Code, and to repeal Section 7 of Am. Sub. S.B. 1 of the 124th General Assembly to designate the fourth week of September as "Parent's Week," to increase the penalties against and permit electronic transfers from the bank account of an employer who willfully fails to withhold the amount required under a support order, to make changes to the laws governing the impoundment of child support, to change the criteria for imposing sanctions on school districts under the No Child Left Behind Act, to make other changes to comply with that Act, to make teachers employed by chartered nonpublic schools eligible for stipends for holding valid certificates or licenses issued by the National Board for Professional Teaching Standards, to require the Department of Education to pay those stipends to qualified nonpublic school teachers for the 2003-2004 school year, to allow specified students to substitute passage of the Ohio Graduation Test in a particular subject for passage of the ninth grade proficiency test in that subject to satisfy diploma requirements, and to require school districts to grant professional leave to their employees who are members of the Educator Standards Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3119.89, 3119.90, 3119.94, 3121.38, 3301.0711, 3302.01, 3302.03, 3302.04, 3313.614, 3317.012, and 3319.55 be amended and sections 5.2229, 3121.373, 3121.382, 3302.09, and 3319.63 of the Revised Code be enacted to read as follows:
Sec. 5.2229. The fourth week of September is designated as "Parent's Week" to commend and encourage the work of parents in supporting and caring for their children. Sec. 3119.89. (A) Upon receipt of a notice pursuant to
section 3119.87 of the Revised Code, the child support enforcement
agency administering a child support order, within
twenty days
after receipt of the notice, shall complete
an
investigation.
The
agency administering a child support order may conduct
an
investigation upon
its own initiative if it otherwise has reason
to believe that there may be a
reason for which the
order should
terminate.
The agency's investigation shall determine the
following: (1) Whether any reason exists for which the order should
terminate; (2) Whether there are other children subject to the order; (3) Whether the obligor owes any arrearages under the order; (4) Whether the agency believes it is necessary to continue
withholding or deduction pursuant to a notice or order described
in section
3121.03 of the Revised Code for the other children or
arrearages; (5) Whether child support amounts paid pursuant to the order being investigated should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor. (B) If the agency,
pursuant to the investigation under
division (A) of this section,
determines that other children are
subject to the child support order and that
it is necessary to
continue withholding or deduction for the other children, the
agency shall
divide the child support
due annually and per month
under the order by the number of
children who are the subject of
the order and subtract the amount
due for the child for whom the
order should be terminated from the
total child support amount due
annually and per month. The
resulting annual and per month child
support amount shall be
included in the results of the agency's
investigation as the
recommended child support amount due annually
and monthly under a
revised child support order. If arrearage
amounts are owed, those
amounts may be included as part of the
recommended child support
amount. The investigation under
division (A) of this section
shall not include a review pursuant
to sections 3119.60 to 3119.76 of the Revised Code of any other
children subject to the child
support order.
Sec. 3119.90. (A) If, pursuant to an investigation conducted under section 3119.89 of the Revised Code, the child support enforcement agency determines both that a child support order should terminate and that child support amounts paid pursuant to the order should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor, the agency shall do the following:
(1) With respect to a court
child support
order, if the child support enforcement agency
determines the
order should terminate, it immediately
shall notify the court that
issued the order of the results of its investigation and
shall
submit to the court an order impounding any funds received
for the
child pursuant to the court child support order that was under
investigation.; (B)(2) With respect to an administrative child support order,
if
the agency determines as a result of an investigation that the
order should terminate, it shall issue an administrative order
impounding any
funds received for the child pursuant to the
administrative child support
order that was under investigation.
(C)(B) A child support enforcement agency that conducts an
investigation of a child support order shall give the obligor and
obligee
under the
order notice of
the results of its investigation
and a copy of any court or administrative
impound order issued
pursuant to division (A) or (B) of this section. The
obligor and
obligee also shall be given all of the following:
(1) Notice of their right to request an administrative
hearing
regarding any conclusions of the investigation; (2) Notice of the procedures and time deadlines for
requesting
the hearing;
(3)(a) Notice that the conclusions of the investigations
will be
issued as an administrative order by the agency if the
underlying order is an
administrative child support order; (b) Notice that the conclusions of the investigations will
be
submitted to the court for inclusion into a revised or
terminated
court child support order with no further court hearing
if the underlying
order is a court child support order. (4) Notice that no revised administrative or court child
support order will
be
issued if either the obligor or obligee
requests an administrative
hearing on the investigation
conclusions within thirty days after
receipt of the notice under
this division.
Sec. 3119.94. (A) The director of job and family services shall
adopt rules
that provide for all of the following: (A)(1) The payment to the appropriate person of any funds that
a court or child support enforcement agency has impounded under
section 3119.90 or 3119.92 of the Revised Code;
(B)(2) The return to the appropriate person of any other
payments made pursuant to a child support order if the payments
were
made at any time after the child support order
has been
terminated pursuant to section 3119.90 or 3119.92 of the Revised
Code;
(C)(3) Any other standards, forms, or procedures needed to
ensure
uniform implementation of sections 3119.86 to 3119.94 of
the
Revised Code.
(B) With respect to the court order for impoundment required under division (A)(1) of section 3119.90 of the Revised Code, the director of job and family services may adopt rules that specify a form for the order or approve a form developed by the Ohio judicial conference.
Sec. 3121.373. (A) As used in this section, "willfully" means voluntarily and intentionally with a specific intent to take an action or fail to take an action.
(B) When a child support enforcement agency seeks an order for contempt pursuant to section 3121.371 of the Revised Code against a payor that is an employer, the court may, on motion of the agency or on the court's own motion, hold a hearing to determine whether the payor has done either of the following:
(1) Willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code;
(2) Failed three times within twelve consecutive months to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code. (C) Not later than fourteen days before holding a hearing under division (B) of this section, the court shall serve notice on the payor that complies with court rules regarding service of summonses. The notice must contain all of the following:
(1) The date, time, and location of the hearing; (2) A statement that if the court determines the payor has committed acts or omissions described in division (B) of this section, the court may order either or both of the penalties set forth in section 3121.382 of the Revised Code.
Sec. 3121.38. A payor that fails to withhold an amount from an
obligor's income for support in accordance with a
withholding requirement included in a withholding notice issued
under section 3121.03
of the Revised Code or a
financial institution that fails to deduct funds from an
obligor's account for support in accordance with a deduction
requirement included in a deduction notice issued under
section 3121.03 of the
Revised Code is
liable for the amount that was not withheld or deducted, except
that a payor that is an employer whose normal pay and disbursement
cycles make it
impossible to comply with a withholding requirement contained in
a withholding notice shall not be liable for the amount not
withheld if the employer, as soon as possible after
receipt of the withholding notice, provides the court
or child support enforcement agency that issued the notice with
written notice of the impossibility and the reasons for the
impossibility. A payor who is liable under this provision
for an amount that was not withheld shall be ordered by the court or
agency to pay that amount to the office of child support
in the department of job and family services, to be
disbursed in accordance with the
support order for the benefit of the child or spouse.
Sec. 3121.382. (A) As used in this section, "willfully" means voluntarily and intentionally with a specific intent to take an action or fail to take an action. (B) If, after a hearing conducted pursuant to section 3121.373 of the Revised Code, the court determines that a payor that is an employer has willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code, or has failed three times within twelve consecutive months to comply with a withholding notice, the court may issue an order requiring one or both of the following:
(1) The payment of support by electronic transfer of funds from the bank account of the payor;
(2) A civil penalty, in addition to any other penalty permitted by law, of up to fifty per cent of the amount not withheld from the obligor's income or not timely forwarded to the office of child support in accordance with the withholding notice.
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, except that each district shall score any test administered pursuant to division (B)(10) of this section. In furnishing the practice versions of Ohio graduation tests prescribed by division (F) of section 3301.0710 of the Revised Code, the department shall make the tests available on its web site for reproduction by districts. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents. (2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students. (B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section: (1) Administer the reading test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
section 3313.608 of
the Revised Code.
(2) Administer the mathematics test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade. (3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade. (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. (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)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade. (7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade. (8) Except as provided in division (B)(9) of this
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.
(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)(8)(b) of this section.
(10) If the district has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code or has a three-year average graduation rate of not more than seventy-five per cent, administer each test prescribed by division (F) of section 3301.0710 of the Revised Code in September to all ninth grade students, beginning in the school year that starts July 1, 2005. (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, "limited English proficient student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English proficient student from taking any particular test required to be administered under this section, except that any limited English proficient student who has been enrolled in United States schools for less than one full school year shall not be required to take any such reading or writing test. However, no board shall prohibit a limited English proficient student who is not required to take a test under this division from taking the test. A board may permit any limited English proficient student to take any test required to be administered under this section with appropriate accommodations, as determined by the department. For each limited English proficient student, each
school district shall annually assess that student's progress
in learning
English, in accordance with procedures approved by the
department. The
governing authority of a
chartered
nonpublic school may excuse a limited English proficient student from taking any test administered under this section. However, no governing authority shall prohibit
a limited English proficient student
from
taking the test. (D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any
student,
the board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on the test.
(2) Following any administration of the tests prescribed by division (F) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has a three-year average graduation rate of not more than seventy-five per cent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice tests. The district also shall consider the scores received by ninth grade students on the reading and mathematics tests prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth grade in determining which high schools shall provide intervention services. Each high school selected to provide intervention services under this division shall provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times. (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 exempt from the requirement to take the test under division (C)(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 division (A)(1) or (B) of 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)(8)(b) of this
section. Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section. (K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department. (2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code to any
chartered nonpublic school electing to participate under this
division. (L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section. (2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent. (M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on the mathematics test described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on any of the
tests
described by division
(A)(1)(b), (c), (d), (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) The
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, except that the reading test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code shall become a public record on the sixteenth 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.
(O) As used in this section, "three-year average" and "graduation rate" have the same meanings as in section 3302.01 of the Revised Code:
(1) "Three-year average" means the average of the most recent consecutive three school years of data.
(2) "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.
(3) "Graduation rate" means the ratio of 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. 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.
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 the
ratio of 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. 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) "Performance index score" means the average of the totals derived from calculations for each subject area of reading, writing, mathematics, science, and social studies of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the tests prescribed by divisions (A) and (B) of that section. The department of education shall assign weights such that students who do not take a test receive a weight of zero and students who take a test receive progressively larger weights dependent upon the level of skill attained on the test. The department shall also determine the performance index score a school district or building needs to achieve for the purpose of the performance ratings assigned pursuant to section 3302.03 of the Revised Code.
Students shall be included in the "performance index score" in accordance with division (D)(2) of section 3302.03 of the Revised Code.
(F)(B) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students.
(G) "Other academic indicators" means measures of student academic performance other than scores on tests administered under section 3301.0710 of the Revised Code, which shall be the attendance rate for elementary and middle schools and the graduation rate for high schools.
(H) "Annual measurable objective" means the yearly percentage of students, which shall be established by the state board, who must score at or above the proficient level on tests established under section 3301.0710 of the Revised Code in reading and mathematics administered to their grade level for a school district or a school building to be deemed to have made sufficient progress for that school year toward the goal of having all students scoring at or above the proficient level on such tests by June 30, 2014. For the school year that begins July 1, 2003, the state board shall establish an "annual measurable objective" in accordance with the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311. In the school year following the first administration of each test established under section 3301.0710 of the Revised Code, the state board shall use the results from such tests to make any necessary adjustments in the applicable annual measurable objective.
(I)(C) "No Child Left Behind Act of 2001" includes the statutes codified at 20 U.S.C. 6301 et seq. and any amendments thereto, rules and regulations promulgated pursuant to those statutes, guidance documents, and any other policy directives regarding implementation of that act issued by the United States department of education.
(D) "Adequate yearly progress," as required by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a measure of annual academic performance as calculated in accordance with the "No Child Left Behind Act of 2001." . "Adequate yearly progress" is made by a school district or a school building when the district or building satisfies either divisions (I)(1) and (2) of this section or divisions (I)(1) and (3) of this section in the applicable school year:
(1) At least ninety-five per cent of the total student population and of each subgroup enrolled in the district or building at the time of the test administration takes each test in reading and mathematics prescribed by section 3301.0710 of the Revised Code that is administered to their grade level, except that this requirement shall not apply to any subgroup in the district or building that contains less than forty students. Those students taking a test with accommodations or an alternate assessment pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code shall be counted as taking that test for the purposes of this division. Any limited English proficient student who has been enrolled in United States schools for less than one full school year and does not take a reading test administered to the student's grade level shall be counted as taking that test for the purposes of this division if, in the same school year, the student has been assessed to determine the student's progress in learning English in accordance with division (C)(3) of section 3301.0711 of the Revised Code.
(2) The total student population and each subgroup in the district or building, as defined in division (D)(2) of section 3302.03 of the Revised Code, meets or exceeds the annual measurable objective for that school year in reading and mathematics based upon data from the current school year or a three-year average of data and the district or building meets or exceeds the minimum threshold or makes progress on the other academic indicators for that school year. In calculating whether a district or building satisfies this division, the department shall include any subgroup in the district or building that contains thirty or more students, except that the department shall not include the subgroup described in division (F)(2) of this section unless such subgroup contains forty-five or more students. The determination of students in the subgroup described in division (F)(2) of this section who are not required to score at or above the proficient level on tests established under section 3301.0710 of the Revised Code for the purpose of determining whether a district or building satisfies this division shall comply with federal statutes, rules, and regulations.
(3) If the performance of the total student population or any subgroup in the district or building results in the failure of the district or building to satisfy division (I)(2) of this section, the district or building shall fulfill both of the following requirements with respect to the total student population or any pertinent subgroup:
(a) The percentage of students scoring below the proficient level on the applicable tests in the total student population or subgroup decreases by at least ten per cent from the percentage of such students in the total student population or subgroup in the preceding school year or from the average percentage of such students in the total student population or subgroup in the two preceding school years.
(b) The total student population or subgroup meets or exceeds the minimum threshold on the other academic indicators for that school year or makes progress toward meeting the minimum threshold on one of the other academic indicators for that school year.
(J)(E) "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)(F) "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. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a district all of the following: (1) The extent to which the school district or building
meets each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved; (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
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B)(1) A school district or building shall be declared
excellent if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score established by the department. (b) It has failed to make adequate yearly progress for not more than two consecutive years and either meets at least ninety-four per cent of the applicable state performance indicators or has a performance index score established by the department. (2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets
at least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department, except that if it does not make adequate yearly progress for three consecutive years, it shall be declared in need of continuous improvement. (3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following requirements: (a) It makes adequate yearly progress, meets less than seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least fifty per cent but less than seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department. (4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly progress and either meets at least thirty-one per cent but less than fifty per cent of the
applicable
state
performance
indicators or has a performance index score established by the department. (5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance index score established by the department. (C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress. (2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories: (a) Performance of students by age group; (b) Performance of students by race and ethnic group; (c) Performance of students by gender; (d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years; (e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years; (f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less; (g) Performance of students grouped by those who are
economically disadvantaged; (h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code; (i) Performance of students grouped by those who are classified as limited English proficient;
(j) Performance of students grouped by those who have disabilities;
(k) Performance of students grouped by those who are classified as migrants; (l) Performance of students grouped by those who are identified as gifted pursuant to Chapter 3324. of the Revised Code. The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (C)(3)(a) to (l) of this section that it deems relevant. In reporting data pursuant to division (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. (7) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that percentage with the percentages of such teachers in similar districts and buildings. (8) The department shall include on the report card the number of master teachers employed by each district and each building once the data is available from the education management information system established under section 3301.0714 of the Revised Code. (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. (2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall do all of the following: (a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any test prescribed by section 3301.0710 of the Revised Code that is administered to the student's grade level; (b) Include cumulative totals from both the fall and spring administrations of the third grade reading achievement test; (c) Except as required by division (I)(1) of section 3302.01 of the Revised Code the "No Child Left Behind Act of 2001" for the calculation of adequate yearly progress, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year.
Sec. 3302.04. (A) 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 has failed to make adequate yearly progress for two consecutive school years, the district shall
develop a
three-year continuous improvement plan
for the district or building containing each of the following: (1) An analysis of the reasons for the failure of the district or building to meet any of the applicable performance indicators established under section 3302.02 of the Revised Code that it did not meet and an analysis of the reasons for its failure to make adequate yearly progress; (2) Specific strategies that the district or building will use to address the problems in academic achievement identified in division (B)(1) of this section; (3) Identification of the resources that the district will allocate toward improving the academic achievement of the district or building; (4) A description of any progress that the district or building made in the preceding year toward improving its academic achievement; (5) An analysis of how the district is utilizing the professional development standards adopted by the state board pursuant to section 3319.61 of the Revised Code; (6) Strategies that the district or building will use to improve the cultural competency, as defined pursuant to section 3319.61 of the Revised Code, of teachers and other educators. 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 building 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. (D)(1) Within one hundred twenty days after any school
district
or building is declared to be in a
state of academic emergency under section 3302.03
of the Revised
Code, the department 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) Examination of whether the teacher and principal evaluation system reflects the evaluation system guidelines adopted by the state board of education under section 3319.112 of the Revised Code; (f) Examination of the adequacy of efforts to improve the cultural competency, as defined pursuant to section 3319.61 of the Revised Code, of teachers and other educators. (E) This division applies only to school districts that operate a school building that fails to make adequate yearly progress for two or more consecutive school years. (1) For any school building that fails to make adequate yearly progress for two consecutive school years, the district shall do all of the following: (a) Provide written notification of the academic issues that resulted in the building's failure to make adequate yearly progress to the parent or guardian of each student enrolled in the building. The notification shall also describe the actions being taken by the district or building to improve the academic performance of the building and any progress achieved toward that goal in the immediately preceding school year. (b) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, offer all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001,." 115 Stat. 1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code, the district shall spend an amount equal to 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 an amount equal to 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)(B)(3) of section 3302.01 of the Revised Code in providing transportation. Any district that does not receive funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under this division. (2) For any school building that fails to make adequate yearly progress for three consecutive school years, the district shall do both of the following: (a) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, provide all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001,." 115 Stat. 1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code, the district shall provide transportation for students who enroll in alternative buildings under this division to the extent required under division (E)(2) of this section. (b) If the building receives funds under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, offer supplemental educational services to students who are enrolled in the building and who are in the subgroup described in division (F)(B)(3) of section 3302.01 of the Revised Code. The district shall spend a combined total of an amount equal to twenty per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2)(a) of this section and to pay the costs of the supplemental educational services provided to students under division (E)(2)(b) of this section, unless the district can satisfy all demand for transportation and pay the costs of supplemental educational services for those students who request them with a lesser amount. In allocating funds between the requirements of divisions (E)(1)(b) and (E)(2)(a) and (b) of this section, the district shall spend at least an amount equal to five per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2)(a) of this section, unless the district can satisfy all demand for transportation with a lesser amount, and at least an amount equal to five 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 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 an amount equal to twenty per cent of the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay the costs of all of the supplemental educational services provided to students under division (E)(2)(b) of this section, the district shall grant priority over all other students in providing transportation and in paying the costs of supplemental educational services to the lowest achieving students among the subgroup described in division (F)(B)(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) Turn operation of the building over to the department; (e) Other significant restructuring of the building's governance. (5) For any school building that fails to make adequate yearly progress for six consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall implement the plan developed pursuant to division (E)(4) of this section. (6) A district shall continue to comply with division (E)(1)(b) or (E)(2) of this section, whichever was most recently applicable, with respect to any building formerly subject to one of those divisions until the building makes adequate yearly progress for two consecutive school years. (F) This division applies only to school districts that fail to make adequate yearly progress for two or more consecutive school years have been identified for improvement by the department pursuant to the "No Child Left Behind Act of 2001." (1) If a school district fails to make adequate yearly progress has been identified for improvement for two consecutive one school years year, 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. If the district does not have a continuous improvement plan, the district shall develop such a plan in accordance with division (B) of this section and provide a written description of the plan to the parent or guardian of each student enrolled in the district. (2) If a school district fails to make adequate yearly progress has been identified for improvement for three two consecutive school years, the district shall continue to implement the continuous improvement plan developed by the district pursuant to division (B) or (F)(1) of this section. (3) If a school district fails to make adequate yearly progress has been identified for improvement for four three 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 has been identified for improvement for five four 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 has been identified for improvement for six five 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 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 regarding methods for improving
the performance of the district or building. 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.
(H) The department shall conduct individual audits of a sampling of community schools established under Chapter 3314. of the Revised Code to determine compliance with this section. (I) The state board shall adopt rules for implementing this section.
Sec. 3302.09. (A) Whenever the United States department of education makes changes in its policies or rules regarding implementation of the No Child Left Behind Act of 2001, the Ohio department of education shall submit a written description of those changes to each member of the standing committees on education of the senate and house of representatives.
(B) If the Ohio department of education plans to change any of its policies or procedures regarding the state's implementation of the No Child Left Behind Act of 2001 based on changes in federal polices or rules described in division (A) of this section, the Ohio department of education shall submit to each member of the standing committees a written outline of the existing Ohio policy regarding that implementation and a written description of the changes it proposes to make.
(C) On and after July 1, 2005, the Ohio department of education shall not make any change proposed under division (B) of this section unless the general assembly has adopted a concurrent resolution approving the proposed change. Sec. 3313.614. (A) As used in this section, a person
"fulfills the curriculum requirement for a diploma" at the time
one of the following conditions is satisfied: (1) The person successfully completes the high school
curriculum of a school district, a community school, a chartered
nonpublic school, or a correctional institution. (2) The person successfully completes the individualized
education program developed for the person under section 3323.08
of the Revised Code. (3) A board of education issues its determination under
section 3313.611 of the Revised Code that the person qualifies as
having successfully completed the curriculum required by the
district. (B) This division specifies the testing requirements that
must be fulfilled as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code. (1) A person who fulfills the curriculum requirement for a
diploma before September 15, 2000, is not required to pass any
proficiency test or achievement test in science as a condition to
receiving a diploma. (2) Except as provided in division (B)(3) of this section,
a
person who fulfills the curriculum requirement for a diploma
prior
to September 15, 2006, is not required to pass the Ohio
graduation
test in any subject as a condition to receiving
a
diploma once the
person has passed the ninth grade proficiency
test in the same
subject, so long as the person passed the ninth
grade proficiency
test prior to September 15, 2008. However, any such person who passes the Ohio graduation test in any subject prior to passing the ninth grade proficiency test in the same subject shall be deemed to have passed the ninth grade proficiency test in that subject as a condition to receiving a diploma. For this
purpose, the ninth
grade proficiency test in citizenship
substitutes for the Ohio
graduation test in social
studies. If a
person fulfills the
curriculum requirement for a
diploma prior to
September 15, 2006,
but does not pass a ninth
grade proficiency
test or the Ohio graduation test in a particular
subject before September
15, 2008, and
passage of a test in that
subject is a condition for
the person to
receive a diploma, the
person must pass the Ohio graduation test instead of the ninth grade proficiency test
in that subject to
receive a diploma. (3) A person who begins tenth grade after July 1, 2004,
in a
school district, community school, or chartered nonpublic
school
is not eligible to receive a diploma based on passage of
ninth
grade proficiency tests. Each such person must pass Ohio
graduation tests to meet the testing requirements
applicable to
that person as a condition to receiving a diploma. (C)
This division specifies the curriculum requirement that
shall be completed as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code. (1) A person who is under twenty-two years of age when the
person fulfills the curriculum requirement for a diploma shall
complete the curriculum required by the school district or school
issuing the diploma for the first year that the
person originally
enrolled in high school. (2) Once a person fulfills the curriculum requirement for a
diploma, the person is never required, as a condition of receiving
a diploma, to meet any different curriculum requirements that take
effect pending the person's passage of proficiency or achievement
tests, including changes mandated by section 3313.603 of the
Revised Code, the state board, a school district board of
education, or a governing authority of a community school or
chartered nonpublic school.
Sec. 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.
The base cost per pupil, reflecting an annual rate of inflation of two
and
eight-tenths
per cent, is
$4,949 for fiscal year
2003. The base cost per pupil, reflecting an annual rate of inflation of two and two-tenths per cent, is $5,058 for fiscal year
2004
and $5,169 for
fiscal year
2005.
(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 2005. (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; (c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code; (d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code; (e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under former
division
(A)(1)
of section 3301.0710 of the Revised Code; (f)
At least seventy-five per cent of fourth graders
proficient on the science test prescribed under former division (A)(1) of
section 3301.0710 of the Revised Code; (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; (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; (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; (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; (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; (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; (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; (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; (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; (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; (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 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 2005. 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, 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
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,
the actual 1999
base cost per pupil expenditures were
used in the
calculation of
the average district per pupil costs of
the model
districts.
Sec. 3319.55. (A) A grant program is hereby established to
recognize and reward public school teachers in public and chartered nonpublic schools who hold valid teaching
certificates or licenses issued by the national board for professional
teaching
standards. The superintendent of public instruction shall administer this
program in accordance with this section and rules which the state board of
education shall adopt in accordance with Chapter 119. of the Revised Code. In each fiscal year that the general assembly appropriates funds for
purposes of this section, the superintendent of public instruction shall award
a grant to each person who, by the first day of April of that year
and in
accordance with the rules adopted under this section, submits to the
superintendent evidence indicating all of the following: (1) The person holds a valid certificate or license issued by the national
board for professional teaching standards; (2) The person has been employed full-time as a teacher by the board of
education of a school district or by a chartered nonpublic school in this state during the current school year; (3) The date the person was accepted into the national board certification or licensure program. An individual may receive a grant under this section in each fiscal year the
person is eligible for a grant and submits evidence of that eligibility in
accordance with this section. (B) The amount of the grant awarded to each eligible person under
division (A) of this section in any fiscal year shall equal the following: (1) Two
thousand five hundred dollars for any teacher accepted as a candidate for certification or licensure by the national board on or before May 31, 2003, and issued a certificate or license by the national board on or before December 31, 2004; (2) One thousand dollars for any other teacher issued a certificate or license by the national board. However, if the funds appropriated for
purposes of this section in any fiscal year are not sufficient to award the
full grant amount to each person who is eligible in that fiscal year, the superintendent shall prorate the
amount of the grant awarded in that fiscal year to each eligible person.
Sec. 3319.63. The board of education of a school district that employs any person who is appointed to serve as a member of the educator standards board under division (A)(1) or (3) of section 3319.60 of the Revised Code shall grant that person paid professional leave for the purpose of attending meetings and conducting official business of the educator standards board. Section 2. That existing sections 3119.89, 3119.90, 3119.94, 3121.38, 3301.0711, 3302.01, 3302.03, 3302.04, 3313.614, 3317.012, and 3319.55 of the Revised Code are hereby repealed. Section 3. (A) The Department of Education shall pay a stipend to each person who meets the following conditions:
(1) The person holds or held a certificate or license issued by the National Board for Professional Teaching Standards that was valid in the 2003-2004 school year.
(2) The person was employed full-time as a teacher by a chartered nonpublic school in the 2003-2004 school year.
(3) The person did not receive a stipend under section 3319.55 of the Revised Code for the 2003-2004 school year.
(B) Each person who wishes to receive the stipend shall submit to the Superintendent of Public Instruction, by a date set by the Superintendent that is not earlier than the sixty-first day after the effective date of this section, evidence indicating satisfaction of the conditions prescribed in division (A) of this section and evidence indicating the date the person was accepted into the National Board certification or licensure program.
(C) The stipend paid to each eligible person under this section shall be in the amount of a stipend paid under section 3319.55 of the Revised Code for the 2003-2004 school year to a similarly certificated or licensed teacher employed by a school district board of education.
(D) The Department shall pay stipends under this section from funds earmarked by Section 41.03 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended, from appropriation item 200-410, Professional Development, to pay stipends under section 3319.55 of the Revised Code. The Department first shall use funds so earmarked for fiscal year 2004 that are encumbered but not expended prior to the effective date of this section. If those funds are not sufficient to pay all stipends under this section, the Department next shall use funds so earmarked for fiscal year 2005.
Section 4. That Section 7 of Am. Sub. S.B. 1 of the 124th General Assembly is hereby repealed.
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