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Sub. H. B. No. 276 As Reported by the Senate Education Committee
As Reported by the Senate Education Committee
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Stewart, J., Miller, Carano, Hartnett, Evans, C., Perry, Allen, Taylor, Peterson, Setzer, Williams, Garrison, Chandler, Woodard, Barrett, Aslanides, Beatty, Brown, DeBose, Domenick, Fende, Flowers, Harwood, Mason, Mitchell, Otterman, Sayre, Smith, G., Stewart, D., Strahorn, Yates, Yuko
A BILLTo amend sections 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3302.03, 3313.53, 3313.608, 3313.614, 3314.014, 3314.03, 3314.08, 3314.17, 3314.22, 3319.073, and 3329.01 and to enact sections 117.53, 3301.0716, 3301.0723, 3301.22, 3313.666, 3313.667, 3315.20, 3354.26, and 3701.62 and to repeal section 3319.227 of the Revised Code with respect to school policies prohibiting harassment, intimidation, or bullying; to expand in-service training in child abuse prevention that school districts and community schools must provide; to eliminate the summer administration of the third grade reading achievement test; to allow specified students to substitute passage of the Ohio Graduation Test for passage of the ninth grade proficiency test in the same subject to satisfy diploma requirements; to require school districts and community schools to administer the kindergarten readiness assessment between four weeks prior to the start of school and October 1; to permit the Department of Education to have access to personally identifiable student information under specified conditions; to provide for the assignment of EMIS student data verification codes for children receiving early intervention services under the Help Me Grow program; to allow community schools established outside of the statewide caps to be managed by operators not currently managing schools in Ohio; to expand the circumstances in which community school performance data is included on school district report cards; to specify a procedure for a parent to waive entitlement to a computer from an Internet- or computer-based community school; to repeal the authorization for teachers to temporarily teach an area or grade level outside of their license or certificate; to permit a school district board of education to renew the contract of a director, supervisor, or coach of a pupil-activity program who is not a licensed educator without first offering that position to a licensed educator; to permit temporary deficits in school district special funds under certain conditions; to require textbook publishers to comply with the National Instructional Materials Accessibility Standard; to permit waivers from the minimum number of school days in the 2006-2007 school year for certain joint vocational school districts that experience delays in a state-assisted construction project; and to permit the boards of trustees of Rio Grande Community College and the University of Rio Grande to cooperate in employing a president and operating the community college. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3302.03, 3313.53, 3313.608, 3313.614, 3314.014, 3314.03, 3314.08, 3314.17, 3314.22, 3319.073, and 3329.01 be amended and sections 117.53, 3301.0716, 3301.0723, 3301.22, 3313.666, 3313.667, 3315.20, 3354.26, and 3701.62 of the Revised Code be enacted to read as follows:
Sec. 117.53. When conducting an audit under section 117.11 of the Revised Code of a city, local, exempted village, or joint vocational school district, or a community school established under Chapter 3314. of the Revised Code, the auditor of state shall identify whether the school district or community school has adopted an anti-harassment policy in accordance with section 3313.666 of the Revised Code. This determination shall be recorded in the audit report. The auditor of state shall not prescribe the content or operation of any anti-harassment policy adopted by a school district or community school.
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) Two statewide achievement tests, one each designed to measure the
level of reading and mathematics skill expected at the end of third grade; (b) 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) 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; (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
five ranges of scores on each of the achievement tests described
in divisions (A)(1) and (B) of this section. Each range of scores shall be
deemed to demonstrate a level of achievement so that any student
attaining a score within such range has achieved one of the
following: (a) An advanced level of skill; (b) An accelerated level of skill; (c) A proficient level of skill; (d) A basic level of skill; (e) A limited level of skill. (B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing, mathematics, science, and
social
studies skill expected
at the end of tenth
grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such test that shall be deemed to be a passing score on the test as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code. The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this
division that is specified
in the agreement. (C) Except as provided in division (H) of this section, 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 first day of
May; (c) One date during the summer that is not earlier than the tenth day of June nor later than the fifteenth day of July 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), (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
first day of May; (3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students. (D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the state board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours. (E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code or federal law.
(F) The state board shall prescribe a practice version of each Ohio graduation test described in division (B) of this section that is of comparable length to the actual test. (G) Any committee established by the department of education for the purpose of making recommendations to the state board regarding the state board's designation of scores on the tests described by this section shall inform the state board of the probable percentage of students who would score in each of the ranges established under division (A)(2) of this section on the tests if the committee's recommendations are adopted by the state board. To the extent possible, these percentages shall be disaggregated by gender, major racial and ethnic groups, limited English proficient students, economically disadvantaged students, students with disabilities, and migrant students. If the state board intends to make any change to the committee's recommendations, the state board shall explain the intended change to the Ohio accountability task force established by section 3302.021 of the Revised Code. The task force shall recommend whether the state board should proceed to adopt the intended change. Nothing in this division shall require the state board to designate test scores based upon the recommendations of the task force.
(H)(1) The state board shall require any alternate assessment administered to a student under division (C)(1) of section 3301.0711 of the Revised Code to be completed and submitted to the entity with which the department contracts for the scoring of the test not later than the first day of April of the school year in which the test is administered.
(2) For any test prescribed by this section, the state board may designate a date one week earlier than the applicable date designated under division (C) of this section for the administration of the test to limited English proficient students.
(3) In designating days for the administration of the tests prescribed by division (A) of this section, the state board shall require the tests for each grade level to be administered on consecutive days.
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. Each test so furnished shall include the data verification code of the student to whom the test will be administered, as assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code. 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)(1) Each school district board shall submit the tests administered in the spring under division (B)(1) of this section and the tests administered under divisions (B)(2) to (7) of this section to the entity with which the department contracts for the scoring of the tests not later than the Friday after the tests are administered, except that any such test that a student takes during the make-up period described in division (C)(2) of this section shall be submitted not later than the Friday following the day the student takes the test.
(2)
The
department or an entity with which the department contracts for the scoring of the test shall send to each school district board a list of the
individual test scores of all persons taking any test prescribed by division (A)(1) or (B) of section 3301.0710 of the Revised Code within sixty days after its administration, but in no case shall the scores be returned later than the fifteenth day of June following the administration. For any
tests administered under this section by a joint vocational school
district, the department or entity 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 or an entity with which the department contracts for the scoring of the test shall not release any individual test scores on
any
test administered under this section. The state board of education shall adopt rules to
ensure the protection of student confidentiality at all times. The rules may require the use of the data verification codes assigned to students pursuant to division (D)(2) of section 3301.0714 of the Revised Code to protect the confidentiality of student test scores. (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) In the manner specified in divisions (N)(3) to (5) of this section, 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.
(4) This division applies to the tests prescribed by division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less than forty per cent of the questions on the test that are used to compute a student's score shall be a public record. The department shall determine which questions will be needed for reuse on a future test and those questions shall not be public records and shall be redacted from the test prior to its release as a public record.
(5) Each test prescribed by division (B) of section 3301.0710 of the Revised Code that is administered in the spring shall be a public record. Each test prescribed by that division that is administered in the fall or summer shall not be a public record. (O) As used in this section:
(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. 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. (d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code. (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 or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
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, except as provided in section 3310.11 of the Revised Code, 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. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. The director of health shall request and receive, pursuant to sections 3301.0723 and 3701.62 of the Revised Code, a data verification code for a child who is receiving services under division (A)(2) of section 3701.61 of the Revised Code. (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 2151.357 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)(d) of this section. (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) No data acquisition site or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department. (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 (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division. Sec. 3301.0715. (A) Except as provided in division (E) of this section, the board of education of each city,
local, and
exempted village school district shall administer each applicable diagnostic
assessment developed and provided to the district in
accordance
with section 3301.079 of the
Revised Code to the following: (1) Each student enrolled in a building subject to division (E) of section 3302.04 of the Revised Code; (2) Any student who transfers into the district or to a different school within the district if each applicable diagnostic assessment was not administered by the district or school the student previously attended in the current school year, within thirty days after the date of transfer. If the district or school into which the student transfers cannot determine whether the student has taken any applicable diagnostic assessment in the current school year, the district or school may administer the diagnostic assessment to the student. (3) Each kindergarten student, not later earlier than six four weeks after prior to the first day of school and not later than the first day of October. For the purpose of division (A)(3) of this section, the district shall administer the kindergarten readiness assessment provided by the department of education. The district may administer the readiness assessment to a student prior to the student's enrollment in kindergarten, but in In no case shall the results of the readiness assessment be used to prohibit the a student from enrolling in kindergarten. (4) Each student enrolled in first or second grade. (B) Each district board shall administer each diagnostic
assessment as the board deems appropriate.
However, the board
shall administer any diagnostic assessment at
least once annually
to all students in the appropriate grade
level. A district board
may administer any diagnostic assessment
in the fall and spring of
a school year to measure the 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. Except as required by division (B)(1)(o) of section
3301.0714 of the Revised Code, neither the state board of education nor the
department
shall require school districts to report the results of
diagnostic
assessments for any students to the department or to
make any such
results available in any form to the public. After
the
administration of any diagnostic assessment, each district
shall
provide a student's completed diagnostic assessment, the
results
of such assessment, and any other accompanying documents
used
during the administration of the assessment to the parent of
that
student upon the parent's request. (D) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level. (E) Any district that made adequate yearly progress, as defined in section 3302.01 of the Revised Code, in the immediately preceding school year may assess student progress in grades one through three using a diagnostic
assessment other than the diagnostic assessment required by
division (A) of this section.
(F) A district board may administer the third grade writing diagnostic assessment provided to the district in accordance with section 3301.079 of the Revised Code to any student enrolled in a building that is not subject to division (A)(1) of this section. Any district electing to administer the diagnostic assessment 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. 3301.0716. Notwithstanding division (D) of section 3301.0714 of the Revised Code, the department of education may have access to personally identifiable information about any student under the following circumstances:
(A) An entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code has notified the department that the student's written response to a question on such a test included threats or descriptions of harm to another person or the student's self and the information is necessary to enable the department to identify the student for purposes of notifying the school district or school in which the student is enrolled of the potential for harm.
(B) The department requests the information to respond to an appeal from a school district or school for verification of the accuracy of the student's score on a test administered under section 3301.0711 or 3301.0712 of the Revised Code.
(C) The department requests the information to determine whether the student satisfies the alternative conditions for a high school diploma prescribed in section 3313.615 of the Revised Code. Sec. 3301.0723. (A) The independent contractor engaged by the department of education to create and maintain for school districts and community schools the student data verification codes required by division (D)(2) of section 3301.0714 of the Revised Code shall, upon request of the director of health under section 3701.62 of the Revised Code, assign a data verification code to a child who is receiving services under division (A)(2) of section 3701.61 of the Revised Code. The contractor shall provide that code to the director, who shall submit it, as specified in section 3701.62 of the Revised Code, to the public school in which the child will be enrolled for special education and related services under Chapter 3323. of the Revised Code.
(B) A public school that receives a data verification code for a child from the director of health shall not request or assign to that child another data verification code under division (D)(2) of section 3301.0714 of the Revised Code. That school and any other public school in which the child subsequently enrolls shall use the data verification code provided by the director to report data relative to that student that is required under section 3301.0714 of the Revised Code. Sec. 3301.22. The state board of education shall develop a model policy to prohibit harassment, intimidation, or bullying in order to assist school districts in developing their own policies under section 3313.666 of the Revised Code. The board shall issue the model policy within six months after the effective date of this section.
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) Except as otherwise provided in division (B)(6) of this section: (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.
(6) When designating performance ratings for school districts and buildings under divisions (B)(1) to (5) of this section, the department shall not assign a school district or building a lower designation from its previous year's designation based solely on one subgroup not making adequate yearly progress. (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)(a) This division does not apply to conversion community schools that primarily enroll students between sixteen and twenty-two years of age who dropped out of high school or are at risk of dropping out of high school due to poor attendance, disciplinary problems, or suspensions. 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. (b) Any district that leases a building to a community school located in the district or that enters into an agreement with a community school located in the district whereby the district and the school endorse each other's programs may elect to have data regarding the academic performance of students enrolled in the community school combined with comparable data from the schools of the district for the purpose of calculating the performance of the district as a whole on the district report card. Any district that so elects shall annually file a copy of the lease or agreement with the department. (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," 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 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. 3313.53. (A) As used in this section:
(1) "Licensed individual" means an individual who holds a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, 3319.302, or 3319.304 of the Revised Code.
(2) "Nonlicensed individual" means an individual who does not hold a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, 3319.302, or 3319.304 of the Revised Code.
(B) The board of education of any city, exempted
village, or local school district may establish and maintain in
connection with the public school systems: (1) Manual training, industrial arts, domestic science,
and commercial departments; (2) Agricultural, industrial, vocational, and trades
schools. Such board may pay from the public school funds, as other
school expenses are paid, the expenses of establishing and
maintaining such departments and schools and of directing,
supervising, and coaching the pupil-activity programs in music,
language, arts, speech, government, athletics, and any others
directly related to the curriculum. (C) The board of education of any city, exempted village, or
local school district may employ a nonlicensed individual to
direct, supervise, or coach a pupil-activity program as long as that individual holds a valid pupil-activity program permit issued by the state board of education under division (A) of section 3319.303 of the Revised Code. (D) A (1) Except as provided in division (D)(2) of this section, a nonlicensed individual who holds a valid pupil-activity program permit may be employed under division (C) of this section only
after the school district's board of education adopts a
resolution stating that it has offered such position to those
employees of the district who are licensed individuals and no such
employee qualified to fill the position has accepted it, and has
then advertised the position as available to any licensed individual who is qualified to fill it and who is not
employed by the board, and no such person has applied for and
accepted the position. A (2) A board of education may renew the contract of any nonlicensed individual, currently employed by the board under division (C) of this section for one or more years, without first offering the position held by that individual to employees of the district who are licensed individuals or advertising the position as available to any qualified licensed individuals who are not currently employed by the board as otherwise required under division (D)(1) of this section.
(E) A nonlicensed individual so employed under this section
is a nonteaching employee and is not an educational assistant as
defined in section 3319.088 of the Revised Code. As used in this
division and division (C) of A nonlicensed individual may direct, supervise, or coach a pupil-activity program under this section, as long as that pupil-activity program does not include any class or
course required or offered for credit toward a pupil's promotion
to the next grade or for graduation, or any activity conducted as
a part of or required for such a class or course. A
nonlicensed individual employed under this section may
perform only the duties of the director, supervisor, or coach of
the pupil-activity program for which the nonlicensed
individual is employed. (F) The board shall fix the compensation of the each nonlicensed
individual so employed under this section, which shall be the same amount as the
position was or would be offered to the district's licensed employees,
and execute a written contract with the nonlicensed
individual for a term not to exceed
one year. The contract shall specify the compensation, duration,
and other terms of employment, and the compensation shall not be
reduced unless such reduction is a part of a uniform plan
affecting the entire district. If the state board suspends, revokes, or limits the pupil-activity program permit of a nonlicensed individual, the school district board may terminate or suspend the employment contract of that individual. Otherwise, no contract issued under this
section shall be terminated or suspended except pursuant to the
procedure established by division (C) of section 3319.081 of the
Revised Code.
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)(e) of
section
3301.0710 of the Revised Code on
the test
prescribed under that section to measure skill in
reading expected
at the end of third grade, each school district,
in accordance
with the policy adopted under section 3313.609 of
the Revised
Code, shall do one of the following:
(1) Promote the student to
fourth grade if the
student's
principal and reading teacher agree that other
evaluations of the
student's skill in reading demonstrate that the
student is
academically prepared to be promoted to
fourth
grade;
(2) Promote the student to
fourth grade but provide the
student with intensive intervention services in
fourth
grade;
(3) Retain the student in
third grade. (B)(1) To assist students in meeting this
third
grade
guarantee
established by this section, each school
district
shall
adopt policies and procedures with which it shall annually
assess
the reading skills of each student at the end of first
and second
grade and identify
students who are reading
below
their grade
level.
If the
diagnostic assessment to measure
reading ability for
the
appropriate grade level has been developed
in accordance with
division (D)(1) of section 3301.079 of the
Revised Code, each school district shall use such diagnostic
assessment to identify
such students, except that any district
to which division (E) of section 3301.0715 of the
Revised Code applies may use
another assessment to identify such students.
The
policies and
procedures
shall require the
students'
classroom teachers to be
involved in
the assessment and the
identification of students
reading below
grade level.
The
district shall notify the parent
or guardian of
each student
whose
reading skills are below grade
level and, in
accordance
with
division
(C) of this section,
provide
intervention services to
each
student reading below grade
level. Such intervention
services shall include instruction in
intensive, systematic
phonetics pursuant to rules adopted by the
state board of
education.
(2) For each student entering
third grade after July
1,
2003,
who does not attain by the end of the
third
grade at least
a score
in the range designated under division
(A)(2)(c) of
section
3301.0710 of the Revised Code on the
test prescribed under
that section to measure skill in reading
expected at the end of
third grade, the district
also shall offer
intense remediation
services, and another
opportunity to take that
test, during the
summer following
third grade. (C) For each student
required to be offered intervention
services under this section,
the district shall involve the
student's parent or guardian and
classroom teacher in developing
the intervention strategy, and
shall offer to the parent or
guardian the opportunity to be
involved in the intervention
services. (D) Any summer remediation services funded in whole or
in
part by the state and offered by school districts to students
under this
section shall meet the following conditions:
(1) The remediation methods are based on reliable
educational
research.
(2) The school districts conduct testing before and after
students
participate in the program to facilitate monitoring
results of the
remediation services.
(3) The parents of participating students are involved in
programming
decisions. (4) The services are conducted in a school building or
community
center and not on an at-home basis.
(E)
This section does not create a new cause of action or a
substantive legal right for any person. 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 A
person who fulfills the curriculum requirement for a diploma
prior
to September 15, 2006 began ninth grade prior to July 1, 2003, 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 began ninth grade prior to July 1, 2003,
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 ninth grade on or after July 1, 2004 2003,
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. 3313.666. (A) As used in this section, "harassment, intimidation, or bullying" means any intentional written, verbal, or physical act that a student has exhibited toward another particular student more than once and the behavior both: (1) Causes mental or physical harm to the other student;
(2) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student.
(B) The board of education of each city, local, exempted village, and joint vocational school district shall establish a policy prohibiting harassment, intimidation, or bullying. The policy shall be developed in consultation with parents, school employees, school volunteers, students, and community members. The policy shall include the following:
(1) A statement prohibiting harassment, intimidation, or bullying of any student on school property or at school-sponsored events;
(2) A definition of harassment, intimidation, or bullying that shall include the definition in division (A) of this section;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited incidents of which they are aware to the school principal or other administrator designated by the principal;
(5) A requirement that parents or guardians of any student involved in a prohibited incident be notified and, to the extent permitted by section 3319.321 of the Revised Code and the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as amended, have access to any written reports pertaining to the prohibited incident;
(6) A procedure for documenting any prohibited incident that is reported;
(7) A procedure for responding to and investigating any reported incident;
(8) A strategy for protecting a victim from additional harassment, intimidation, or bullying, and from retaliation following a report;
(9) A disciplinary procedure for any student guilty of harassment, intimidation, or bullying, which shall not infringe on any student's rights under the first amendment to the Constitution of the United States; (10) A requirement that the district administration notify the president of the district board in writing of all reported incidents.
(C) Each board's policy shall appear in any student handbooks, and in any of the publications that set forth the comprehensive rules, procedures, and standards of conduct for schools and students in the district. Information regarding the policy shall be incorporated into employee training materials.
(D) A school district employee, student, or volunteer shall be individually immune from liability in a civil action for damages arising from reporting an incident in accordance with a policy adopted pursuant to this section if that person reports an incident of harassment, intimidation, or bullying promptly in good faith and in compliance with the procedures as specified in the policy.
(E) Except as provided in division (D) of this section, nothing in this section prohibits a victim from seeking redress under any other provision of the Revised Code or common law that may apply. (F) This section does not create a new cause of action or a substantive legal right for any person.
Sec. 3313.667. (A) Any school district may form bullying prevention task forces, programs, and other initiatives involving volunteers, parents, law enforcement, and community members. (B) To the extent that state or federal funds are appropriated for these purposes, each school district shall:
(1) Provide training, workshops, or courses on the district's harassment, intimidation, or bullying policy adopted pursuant to section 3313.666 of the Revised Code to school employees and volunteers who have direct contact with students. Time spent by school employees in the training, workshops, or courses shall apply towards any state- or district-mandated continuing education requirements.
(2) Develop a process for educating students about the policy.
(C) This section does not create a new cause of action or a substantive legal right for any person. Sec. 3314.014. (A) As used in this section, "operator" means an either of the following: (1) An individual or organization that manages the daily operations of a community school pursuant to a contract between the operator and the school's governing authority; (2) A nonprofit organization that provides programmatic oversight and support to a community school under a contract with the school's governing authority and that retains the right to terminate its affiliation with the school if the school fails to meet the organization's quality standards.
(A)(B)(1) Notwithstanding the limit prescribed by division (A)(4) of section 3314.013 of the Revised Code, a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B)(C) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5) of section 3314.013 of the Revised Code, a conversion school that is an internet- or computer-based community school or a start-up school sponsored by the school district in which the school is or is proposed to be located may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B)(C) of this section. However, a conversion school that is an internet- or computer-based community school may be established after that date only if the prohibition prescribed by division (A)(6) of section 3314.013 of the Revised Code is no longer in effect.
(B)(C) An operator may enter into contracts with the governing authorities of community schools established after the date the limit prescribed by division (A)(4) or (5) of section 3314.013 of the Revised Code, as applicable, is reached, provided the total number of schools for which the operator enters into such contracts, excluding conversion schools that are not internet- or computer-based community schools, does not exceed the number of community schools managed by the operator in Ohio or other states on the applicable date that are rated excellent, effective, or in need of continuous improvement pursuant to section 3302.03 of the Revised Code or perform comparably to schools so rated, as determined by the department of education.
(C)(D) Notwithstanding the limit prescribed by division (A)(4) of section 3314.013 of the Revised Code, after the date the limit prescribed in that division is reached, the governing authority of a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may establish one additional school serving the same grade levels and providing the same educational program as the current start-up school and may open that additional school in the 2006-2007 school year, if both of the following conditions are met:
(1) The governing authority entered into another contract with the same sponsor or a different sponsor described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code and filed a copy of that contract with the superintendent of public instruction prior to March 15, 2006. (2) The governing authority's current school satisfies all of the following conditions:
(a) The school currently is rated as excellent or effective pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in section 3302.01 of the Revised Code, for the previous school year. (c) The school has been in operation for at least four school years.
(d) The school is not managed by an operator.
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 April 8, 2003; (b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after 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. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division. (5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 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
consecutive hours of the learning opportunities offered to the
student. (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, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50, 3313.536,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667,
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. and section 2921.42 of
the
Revised Code; (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 and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district. (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 the subsidy 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 sections 3314.06 and 3314.061
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.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (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. (F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.08. (A) As used in this section: (1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code. (2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code. (3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code. (4)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
described
in that
section. (5)
"Applicable vocational education weight" means: (a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division; (b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division. (6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code. (7)
A community school student
is "included in the
poverty student count" of a school district if
the student is entitled to
attend school in the district and the
student's family receives assistance under the Ohio works first
program. (8) "Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of
poverty-based assistance a community school is entitled to receive pursuant to
divisions (D)(5) and
(6) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code. (9)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code. (10) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (G), (L), and (N) of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 of the Revised Code. (B) The state board of education shall adopt rules requiring
both
of the following: (1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled. (2) The governing authority of each community school
established under this chapter to annually report all of the
following: (a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP; (b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP; (c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
to (F)
of section 3317.013
of
the Revised Code; (d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school; (e)
Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district; (f) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit; (g) The community
school's base formula amount; (h) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school; (i) Any poverty-based assistance reduction factor that applies to a
school
year. (C) From the SF-3 payment made to a city, exempted village, or
local
school district and,
if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code, the
department of education
shall annually subtract the sum of the
amounts described in divisions (C)(1) to (9) of this section. However, when deducting payments on behalf of students enrolled in internet- or computer-based community schools, the department shall deduct only those amounts described in divisions (C)(1) and (2) of this section. Furthermore, the aggregate amount deducted under this division shall not exceed the sum of the district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code. (1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the greater of the following: (a) The fiscal year 2005 base
formula amount
of that community school
as adjusted by the school
district's fiscal year 2005 cost-of-doing-business factor; (b) The sum of (the current base formula amount of that community school times the school district's current cost-of-doing-business factor) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code. (2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section: (a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
described in section 3317.013 of
the Revised Code, the product of
the applicable special education weight
times
the
community
school's base formula
amount; (b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap described in section
3317.013 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section. (3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment; (4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's poverty student
count
is multiplied by the per pupil amount of
poverty-based assistance the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any poverty-based assistance reduction factor of that
community
school.
If
the district receives
poverty-based assistance under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's poverty student count,
as defined
in that section.
If
the
district receives
poverty-based assistance under division
(C) of section
3317.029 of the Revised
Code, the
per pupil
amount
of that aid for the
district
shall be calculated by the department. (5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
poverty-based assistance reduction factor of the community school, is
multiplied by the sum of the
following: (a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP; (b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP; (c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP. The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section. (6) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the number of the district's students enrolled in the community school who are identified as limited-English proficient. (7) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following: (a) The number of the district's students enrolled in grades one through twelve in that community school; (b) One-half of the number of the district's students enrolled in kindergarten in that community school. The district's per pupil amount under division (G) of section 3317.029 of the Revised Code is the district's amount per teacher calculated under division (G)(1) or (2) of that section divided by 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. (8) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following: (a) The number of the district's students enrolled in grades one through twelve in that community school; (b) One-half of the number of the district's students enrolled in kindergarten in that community school. The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code is the amount calculated under each division divided by the district's formula ADM, as defined in section 3317.02 of the Revised Code. (9) An amount equal to the per pupil state parity aid funding calculated for the school district under either division (C) or (D) of section 3317.0217 of the Revised Code multiplied by the sum of the number of students in grades one through twelve, and one-half of the number of students in kindergarten, who are entitled to attend school in the district and are enrolled in a community school as reported under division (B)(1) of this section. (D) The department shall annually pay to a community school
established under
this chapter the sum of the amounts described in divisions (D)(1) to (10) of this section. However, the department shall calculate and pay to each internet- or computer-based community school only the amounts described in divisions (D)(1) to (3) of this section. Furthermore, the sum of the payments to all community schools under divisions (D)(1), (2), and (4) to (10) of this section for the students entitled to attend school in any particular school district shall not exceed the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code. If the sum of the payments calculated under those divisions for the students entitled to attend school in a particular school district exceeds the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code, the department shall calculate and apply a proration factor to the payments to all community schools under those divisions for the students entitled to attend school in that district. (1) Subject to section 3314.085 of the Revised Code, an amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a), (b), and (e) of
this
section who
are not
receiving special education and related services pursuant
to an
IEP for a handicap described in
section
3317.013
of the
Revised
Code
is
multiplied by the greater of the following: (a) The community school's fiscal year 2005 base formula
amount,
as
adjusted by the fiscal year 2005 cost-of-doing-business factor of the
school
district in which the student is
entitled to attend school; (b) The sum of (the community school's current base formula amount times the current cost-of-doing-business factor of the school district in which the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code. (2) Prior to fiscal year 2007, the greater of the amount calculated under division (D)(2)(a) or (b) of this section, and in fiscal year 2007 and thereafter, the amount calculated under division (D)(2)(b) of this section: (a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds; (b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section: (i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in
section
3317.013
of the
Revised
Code, the following amount: the greater of (the community school's fiscal year 2005 base formula amount X the fiscal year 2005 cost-of-doing-business factor of the district where the student is entitled to attend school) or [(the school's current base formula amount times the current cost-of-doing-business factor of the school district where the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code]+ (the applicable
special education
weight X the community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in
section
3317.013
of the Revised
Code, one-half
of
the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section. (3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction. (4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes. (5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's poverty student count is
multiplied by the per pupil
amount of poverty-based assistance that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any poverty-based assistance reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section. (6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any
poverty-based assistance reduction factor of the
community
school, is multiplied by the sum of the
following: (a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP; (b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP; (c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP. The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section. (7) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the number of that district's students enrolled in the community school who are identified as limited-English proficient is multiplied by the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school. (8) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following: (a) The number of the district's students enrolled in grades one through twelve in that community school; (b) One-half of the number of the district's students enrolled in kindergarten in that community school. The district's per pupil amount under division (G) of section 3317.029 of the Revised Code shall be determined as described in division (C)(7) of this section. (9) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following: (a) The number of the district's students enrolled in grades one through twelve in that community school; (b) One-half of the number of the district's students enrolled in kindergarten in that community school. The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code shall be determined as described in division (C)(8) of this section. (10) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount of state parity aid funding calculated under either division (C) or (D) of section 3317.0217 of the Revised Code is multiplied by the sum of the number of that district's students enrolled in grades one through twelve, and one-half of the number of that district's students enrolled in kindergarten, in the community school as reported under division (B)(2)(a) and (b) of this section. (E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs. (2) The community school shall only report
under division
(E)(1) of this section, and the department
shall
only pay
for, the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program. Any legal fees, court
costs, or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount. (F) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit. A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds. (G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school. (H) A community school may not levy taxes or issue bonds
secured by tax revenues. (I) No community school shall charge tuition for the
enrollment of any student. (J)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing. The
proceeds
of the notes shall be used only for the purposes for
which the
anticipated receipts may be lawfully expended by the
school. (b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities. (2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school. (K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student. (L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section including
initial payments in a school year and
adjustments and reductions
made in subsequent periodic payments to
community schools and
corresponding deductions from school
district accounts as provided
under divisions (C) and (D) of this
section. For
purposes of this
section: (1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code. (2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has received
documentation of the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. For purposes of
applying this
division to a community school student, "learning
opportunities"
shall be defined in the contract, which shall
describe both
classroom-based and non-classroom-based learning
opportunities and
shall be in compliance with criteria and
documentation
requirements for student participation which shall
be established
by the department. Any student's instruction time
in
non-classroom-based learning opportunities shall be certified
by
an employee of the community school. A student's enrollment
shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A student's percentage of full-time equivalency shall
be considered to be the percentage the hours of learning
opportunity offered to that student is of nine hundred and twenty
hours. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive hours. (M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code. (N)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless both of the following conditions are satisfied: (a) The student
possesses or
has been provided with all required hardware and
software
materials and all such materials are operational so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code; (b) The
school is in compliance with division (A)(1) or (2) of section
3314.22 of the Revised Code, relative to such student. (2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D) of
this
section to any
community
school that
includes in its program the
provision of
computer
hardware and
software materials to
any student, if such
hardware
and software
materials have not been
delivered,
installed, and
activated for
each such student in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor. The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section. The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
schools. (O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to the extension.
(b) Delays in data submission caused by either a community
school or its sponsor. (2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply: (a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P) The department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school during the previous school year when tests were administered under section 3301.0711 of the Revised Code but did not take one or more of the tests required by that section and was not excused pursuant to division (C)(1) or (3) of that section, unless the superintendent of public instruction grants the student a waiver from the requirement to take the test and a parent is not paying tuition for the student pursuant to section 3314.26 of the Revised Code. The superintendent may grant a waiver only for good cause in accordance with rules adopted by the state board of education.
(4) Any student who has attained the age of twenty-two years, except for veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for enrollment in a community school not later than four years after termination of war or their honorable discharge. If, however, any such veteran elects to enroll in special courses organized for veterans for whom tuition is paid under federal law, or otherwise, the department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for that veteran. Sec. 3314.17. (A) Each community school established under
this chapter shall participate in the statewide education
management information system established under section 3301.0714
of the Revised Code. All provisions of that section and the
rules
adopted under that section apply to each community
school as if it
were a school district, except as modified for
community schools
under division (B) of this section. Each community school shall comply with division (B) of section 3301.0723 of the Revised Code. (B) The rules adopted by the state board of education
under
section 3301.0714 of the Revised Code may distinguish
methods and
timelines for community schools to annually report
data, which
methods and timelines differ from those prescribed for
school
districts. Any methods and timelines prescribed for
community
schools shall be appropriate to the academic schedule
and
financing of community schools. The guidelines, however,
shall
not modify the actual data required to be reported under
that
section. (C) Each fiscal officer appointed under section 3314.011
of
the Revised Code is responsible for annually reporting the
community school's data under section 3301.0714 of the Revised
Code. If the superintendent of public instruction determines that
a community school fiscal officer has willfully failed to
report
data or has willfully reported erroneous, inaccurate, or
incomplete data in any year, or has negligently reported
erroneous, inaccurate, or incomplete data in the current and any
previous year, the superintendent may impose a civil penalty of
one hundred dollars on the fiscal officer after providing the
officer with notice and an opportunity for a hearing in accordance
with Chapter 119. of the Revised Code. The superintendent's
authority to impose civil penalties under this division does not
preclude the state board of education from suspending or revoking
the license of a community school employee under division (N) of
section 3301.0714 of the Revised Code.
(D) No community school shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
Sec. 3314.22. (A)(1) Each child enrolled in an internet- or
computer-based community school is entitled to a computer supplied
by the school; however, the parent of any child enrolled in the school may waive this entitlement in the manner specified in division (A)(3) of this section. In no case shall an internet- or computer-based community school provide a stipend or other substitute to an enrolled child or the child's parent in lieu of supplying a computer to the child. The prohibition contained in the preceding sentence is intended to clarify the meaning of this division as it existed prior to the effective date of this amendment September 29, 2005, and is not intended to change that meaning in any way. (2) Notwithstanding division (A)(1) of this section, if
more
than one child living in a single residence is enrolled in an
internet- or computer-based community school, at the option of the
parent of those children, the school may supply less than one
computer per child, as long as at least one computer is supplied
to the residence. An internet- or computer-based community school may supply no computer at all only if the parent has waived the entitlement prescribed in division (A)(1) of this section in the manner specified in division (A)(3) of this section. The parent may amend the decision to accept
less than one computer per child anytime during the school year,
and, in such case, within thirty days after the parent notifies
the school of such amendment, the school shall provide any
additiona1 computers requested by the parent up to the number
necessary to comply with division (A)(1) of this section. (3) The parent of any child enrolled in an internet- or computer-based community school may waive the entitlement to one computer per child, and have no computer at all supplied by the school, if the school and parent set forth that waiver in writing with both parties attesting that there is a computer available to the child in the child's residence with sufficient hardware, software, programming, and connectivity so that the child may fully participate in all of the learning opportunities offered to the child by the school. The parent may amend the decision to waive the entitlement at any time during the school year and, in such case, within thirty days after the parent notifies the school of that decision, the school shall provide any additional computers requested by the parent up to the number necessary to comply with division (A)(1) of this section, regardless of whether there is any change in the conditions attested to in the waiver. (4) A copy of a waiver executed under division (A)(3) of this section shall be retained by the internet- or computer-based community school and the parent who attested to the conditions prescribed in that division. The school shall submit a copy of the waiver to the office of community schools, established under section 3314.11 of the Revised Code, immediately upon execution of the waiver.
(5) The school shall notify the office of community schools, in the manner specified by the office, of any parent's decision under division (A)(2) of this section to accept less than one computer per child or the parent's amendment to that decision, and of any parent's decision to amend the waiver executed under division (A)(3) of this section. (B) Each internet- or computer-based community school shall
provide to each parent who is considering enrolling the parent's
child in the school and to the parent of each child already
enrolled in the school a written notice of the provisions
prescribed in divisions division (A)(1) and (2) of this section.
(C) If a community school that is not an internet- or computer-based community school provides any of its enrolled students with nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method and requires such students to participate in any of those learning opportunities from their residences, the school shall be subject to this section and division (C)(1) of section 3314.21 of the Revised Code relative to each such student in the same manner as an internet- or computer-based community school, unless both of the following conditions apply to the student:
(1) The nonclassroom-based learning opportunities in which the student is required to participate from the student's residence are supplemental in nature or do not constitute a significant portion of the total classroom-based and nonclassroom-based learning opportunities provided to the student by the school;
(2) The student's residence is equipped with a computer available for the student's use.
Sec. 3315.20. A school district may have a deficit in any special fund of the district only if both of the following conditions are satisfied:
(A) The district has a request for payment pending with the state sufficient to cover the amount of the deficit and there is a reasonable likelihood that the payment will be made.
(B) The unspent and unencumbered balance in the district's general fund is greater than the aggregate of deficit amounts in all of the district's special funds.
Sec. 3319.073. The board of education of each city and
exempted
village school district and the governing
board of each educational service center shall develop, in
consultation with public or private
agencies or persons involved in child abuse prevention or intervention
programs, a program of in-service training for persons employed by any school
district or service center to work in an elementary school as a nurse,
teacher,
counselor,
school psychologist, or administrator. Each person employed by any school
district or service center to work in an elementary school as a nurse,
teacher, counselor,
school psychologist, or administrator shall complete at least four hours of
in-service training in the prevention of child abuse prevention, violence, and substance abuse and the promotion of positive youth development within three two years of commencing
employment with the district or center, and every five years thereafter. A person who is employed by any school district or service center to work in an elementary school as a nurse, teacher, counselor, school psychologist, or administrator on the effective date of this amendment shall complete at least four hours of the in-service training required by this section within two years of the effective date of this amendment and every five years thereafter.
Sec. 3329.01. Any publisher of textbooks or
electronic textbooks in the United
States desiring to offer such textbooks or electronic
textbooks
for use by pupils in the public schools of Ohio, before such
textbooks or electronic textbooks may be adopted and purchased by any
school board, must, on or before the first day
of January of each year, file in the office of the superintendent
of public instruction, a statement that the list
wholesale price to school districts in Ohio will be
no more than the lowest list wholesale price available to school districts in
any other state. No publisher of a textbook shall file a statement under this
section
unless the publisher complies with both all of the following: (A) At the same time as filing the statement, the publisher also files: (1) For textbooks published before August 18, 2006, the
wholesale price of a
computer diskette an electronic file that contains the text of the
textbook in the
American standard code for information interchange rich text format, or in another
computer language electronic format approved by the superintendent of public
instruction, for translating the text of the textbook
into braille; (2) For textbooks published on or after August 18, 2006, the wholesale price of an electronic file that contains the text of the textbook, and of all instructional materials the publisher offers with the textbook, in the national instructional materials accessibility standard (NIMAS) code for translating the text of the entire textbook into NIMAS-approved formats, including braille, audio, digital text, or large print. (B) The list wholesale price filed for any specified number of computer diskettes electronic files described in divisions (A)(1) and (2) of this section for the textbook and instructional materials the publisher offers with the textbook does not exceed
the list wholesale price for the same number of the printed version of that
the textbook and materials.
(C) For textbooks published on or after August 18, 2006, the publisher sends one copy of the electronic file described in division (A)(2) of this section for the entire textbook and all instructional materials the publisher offers with the textbook in NIMAS code, at no cost, to the national instructional materials access center. As used in this section and in sections 3329.03 to 3329.10
of the Revised Code, "electronic textbook" means computer software, interactive videodisc,
magnetic media, CD-ROM optical media, computer courseware, on-line
service, electronic medium, or other means of conveying information to the
student or otherwise contributing to the learning process through electronic
means.
Sec. 3354.26. Notwithstanding the provisions in section 3354.07 and division (A) of section 3354.09 of the Revised Code, which allow the board of trustees of a community college district to contract with a generally accredited public university or college for operation of such community college, the board of trustees of the Rio Grande community college district and the board of trustees of the university of Rio Grande, a private nonprofit corporation also located in Rio Grande, Ohio, may enter into a contract for the board of trustees of the university of Rio Grande to provide for operation of the community college. The community college may employ a person to serve as president of the community college, and also may have that person serve as president of the university as established by the contract entered into pursuant to this section. The salary, benefits, and other compensation for any such employee for all duties shall be determined and paid solely by the community college. Sec. 3701.62. The director of health shall request a student data verification code from the independent contractor engaged by the department of education to create and maintain such codes for school districts and community schools under division (D)(2) of section 3301.0714 of the Revised Code for each child who is receiving services under division (A)(2) of section 3701.61 of the Revised Code and who is about to become eligible for special education and related services under Chapter 3323. of the Revised Code. The director shall request from the parent, guardian, or custodian of the child, or from any other person who is authorized by law to make decisions regarding the child's education, the name and address of the public school in which the child will be enrolled for special education and related services under Chapter 3323. of the Revised Code. The director shall submit the data verification code for that child to that public school at the time the child ceases to receive services under division (A)(2) of section 3701.61 of the Revised Code and begins to receive special education and related services under Chapter 3323. of the Revised Code. The director and each school that receives a data verification code under this section shall not release that code to any person except as provided by law. Any document that the director holds in the director's files that contains both a child's name or other personally identifiable information and the child's data verification code shall not be a public record under section 149.43 of the Revised Code.
Section 2. That existing sections 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3302.03, 3313.53, 3313.608, 3313.614, 3314.014, 3314.03, 3314.08, 3314.17, 3314.22, 3319.073, and 3329.01 and section 3319.227 of the Revised Code are hereby repealed.
Section 3. Section 117.53 of the Revised Code, as enacted by this act, shall take effect one year after the effective date of this act.
Section 4. Not later than thirty days after the effective date of this section, the Superintendent of Public Instruction, upon the request of the superintendent of a joint vocational school district, may grant the district a waiver from the requirements of sections 3313.48 and 3313.481 of the Revised Code for the 2006-2007 school year if all of the following conditions apply to the district in that school year:
(A) The school district is participating in the Vocational School Facilities Assistance Program established under sections 3318.40 to 3318.45 of the Revised Code and the Executive Director of the Ohio School Facilities Commission certifies to the Superintendent of Public Instruction that the district's project under that program experienced delays due to unanticipated structural conditions.
(B) The project delays will cause the district to be open for instruction with pupils in attendance for fewer days or hours than required by sections 3313.48, 3313.481, and 3317.01 of the Revised Code.
(C) The district requires its students to engage in activities outside of school that are relevant to the subject areas in which they are missing instruction to offset the reduction in instructional time.
Any waiver granted under this section shall allow the district to be closed for not more than eleven days in excess of the days it is permitted to be closed for a public calamity under division (B) of section 3317.01 of the Revised Code. No district that receives a waiver under this section shall be considered to have failed to comply with division (B) of section 3317.01 of the Revised Code if it otherwise meets the requirements of that division. Section 5. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 137, Sub. H.B. 184, and Sub. H.B. 422 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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