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(126th General Assembly)
(Amended Substitute Senate Bill Number 311)
AN ACT
To amend sections 2151.011, 3301.41, 3301.42, 3313.472, 3313.48, 3313.533, 3313.603, 3313.61, 3313.614, 3313.615, 3313.62, 3314.012, 3314.03, 3317.01, 3317.029, 3325.08, and 3345.06; to enact new section 3313.481 and sections 3301.43, 3301.46, 3302.032, 3313.6013, 3313.6014, 3319.0811, 3319.233, 3319.234, 3333.163, 3333.34, 3345.061, and 3345.062; and to repeal sections 3313.481 and 3313.482 of the Revised Code and to amend Section 6 of Sub. H.B. 115 of the 126th General Assembly to establish the Ohio Core curriculum, to calculate the minimum school year based on hours, rather than days, of instruction, to restructure admission requirements and remedial courses in state universities, to implement other initiatives to enhance secondary and post-secondary education in Ohio, and to make an appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2151.011, 3301.41, 3301.42, 3313.472, 3313.48, 3313.533, 3313.603, 3313.61, 3313.614, 3313.615, 3313.62, 3314.012, 3314.03, 3317.01, 3317.029, 3325.08, and 3345.06 be amended and new section 3313.481 and sections 3301.43, 3301.46, 3302.032, 3313.6013, 3313.6014, 3319.0811, 3319.233, 3319.234, 3333.163, 3333.34, 3345.061, and 3345.062 of the Revised Code be enacted to read as follows:
Sec. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code: (a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions; (b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code; (c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas. (2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter. (3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption. (4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following: (a) Receives and cares for children for two or more
consecutive weeks; (b) Participates in the placement of children in
certified
foster homes; (c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency. (B) As used in this chapter: (1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs. (2) "Adult" means an individual who is eighteen years of age
or
older. (3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency. (4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code. (5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age. (6) "Child day camp," "child care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home," "certified
type B family day-care home," "type B
home," "administrator
of a
child day-care center," "administrator
of a type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code. (7) "Child care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education. (8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code. (9) "Commit" means to vest custody as ordered by the
court. (10) "Counseling" includes both of the following: (a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child. (b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling. (11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child. (12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code. (13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a
public or private facility designed to physically
restrict the movement and
activities of children. (14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code. (15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code. (16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents. (17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year. (18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code. (19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court. (20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following: (a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state; (b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code; (c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code. (21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code. (22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care. (23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code. (24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility. (25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code. (26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere. (27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified children's crisis care facilities, certified foster homes,
placement in a prospective
adoptive home prior to the issuance of
a final decree of adoption,
organizations, certified
organizations, child day-care centers,
type A family day-care
homes, child care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes, institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps, public schools, chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children. (28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Engaging in sexual activity with a child in the person's
care; (b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health; (c) Use of restraint procedures on a child that cause
injury
or pain; (d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician; (e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death. (29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child; (b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person; (c) Failure to develop a process for all of the following: (i) Administration of prescription drugs or psychotropic
drugs for the child; (ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed; (iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug. (d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child; (e) Confinement of the child to a locked room without
monitoring by staff; (f) Failure to provide ongoing security for all
prescription
and nonprescription medication; (g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child. (30) "Permanent custody" means a legal status
that vests
in
a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations. (31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency. (32) "Person" means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. (33) "Person responsible for a child's care in
out-of-home
care" means any of the following: (a) Any foster caregiver, in-home aide, or provider; (b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp;
day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic; (c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school; (d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children. (34) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction: (a) A substantial impairment of vision, speech, or hearing; (b) A congenital orthopedic impairment; (c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause. (35) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody. (36) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. (37) "Planned permanent living arrangement"
means an order
of a
juvenile court pursuant to which both of the following apply: (a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights. (b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed. (38) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code. (39) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code. (40) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's parents,
guardian, or custodian and stay in the child's
home, subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that the court prescribes,
including supervision as directed by
the court for the protection
of the child. (41) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code. (42) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code. (43) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes. (44) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child. (45) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides. (46) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support. (47) "School day" means the school day established by
the
state
board of education of the applicable school district pursuant to section 3313.48 3313.481 of the
Revised
Code. (48) "School month" and "school year" have has the same
meanings meaning
as in
section 3313.62 of the Revised Code. (49) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is designed
to
physically restrict the movement and activities of children and
used for the
placement of children after adjudication and
disposition. (50) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code. (51) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition. (52) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code. (53) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the legal
custody
is granted in an agreement for temporary custody, by the
person
who executed the agreement. (C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days. Sec. 3301.41. (A) The partnership for continued learning is hereby established. The partnership shall consist of the following members: (1) The governor; (2) The superintendent of public instruction; (3) The chancellor of the Ohio board of regents; (4) The director of development;
(5) Three representatives of the private sector, appointed by the governor;
(6) Two representatives of organizations that have formed regional partnerships to foster collaboration among providers of preschool through postsecondary education, appointed by the governor;
(7) One member of the student access and success coordinating council of Ohio, appointed by the governor;
(8) Two representatives of elementary and secondary schools, one of whom shall be a member of the state board of education and one of whom shall represent chartered nonpublic schools, appointed by the governor;
(9) Two representatives of institutions of higher education, one of whom shall be a member of the Ohio board of regents and one of whom shall represent nonprofit institutions of higher education that hold certificates of authorization issued by the board of regents under section 1713.02 of the Revised Code, appointed by the governor;
(10) One member of the state workforce policy board prescribed by section 6301.04 of the Revised Code, appointed by the governor;
(11) One teacher who teaches any of grades kindergarten through twelve in a school district, appointed by the governor; (12) One teacher who teaches any of grades kindergarten through twelve in a chartered nonpublic school, appointed by the governor; (13) One teacher who teaches in any of grades nine through twelve in a career center, appointed by the governor; (14) One representative of a comprehensive or compact career-technical school, appointed by the governor; (15) The chairpersons and ranking minority members of the education committees of the senate and house of representatives. (B) Appointed members of the partnership shall serve at the pleasure of the governor. (C) The governor shall serve as chairperson of the partnership. The partnership shall meet at least quarterly and at other times upon the call of the chairperson to conduct its business. Sec. 3301.42. The partnership for continued learning shall promote systemic approaches to education by supporting regional efforts to foster collaboration among providers of preschool through postsecondary education, identifying the workforce needs of private sector employers in the state, and making recommendations for facilitating collaboration among providers of preschool through postsecondary education and for maintaining a high-quality workforce in the state. Copies of the recommendations shall be provided to the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the chairpersons and ranking minority members of the standing committees of the senate and the house of representatives that consider education legislation, the chairperson of the Ohio board of regents, and the president of the state board of education. The recommendations shall address at least the following issues:
(A) Expansion of access to preschool and other learning opportunities for children under five years old;
(B) Increasing opportunities for students to earn credit toward a degree from an institution of higher education while enrolled in high school, including expanded opportunities for students to earn that credit on their high school campuses; a definition of "in good standing" for purposes of section 3313.6013 of the Revised Code; and legislative changes that the partnership, in consultation with the Ohio board of regents and the state board of education, determines would improve the operation of the post-secondary enrollment options program established under Chapter 3365. of the Revised Code and other dual enrollment programs. The recommendations for legislative changes required by this division shall be issued not later than May 31, 2007.
(C) Expansion of access to workforce development programs administered by school districts, institutions of higher education, and other providers of career-technical education;
(D) Alignment of the statewide academic standards for grades nine through twelve adopted under section 3301.079 of the Revised Code, the Ohio graduation tests prescribed by division (B) of section 3301.0710 of the Revised Code, and the curriculum requirements for a high school diploma prescribed by section 3313.603 of the Revised Code with the expectations of employers and institutions of higher education regarding the knowledge and skills that high school graduates should attain prior to entering the workforce or enrolling in an institution of higher education;
(E) Improving the science and mathematics skills of students and employees to meet the needs of a knowledge-intensive economy;
(F) Reducing the number of students who need academic remediation after enrollment in an institution of higher education;
(G) Expansion of school counseling career and educational programs, access programs, and other strategies to overcome financial, cultural, and organizational barriers that interfere with students' planning for postsecondary education and that prevent students from obtaining a postsecondary education;
(H) Alignment of teacher preparation programs approved by the state board of education pursuant to section 3319.23 of the Revised Code with the instructional needs and expectations of school districts;
(I) Strategies for retaining more graduates of Ohio institutions of higher education in the state and for attracting talented individuals from outside Ohio to work in the state;
(J) Strategies for promoting life-long lifelong continuing education as a component of maintaining a strong workforce and economy;
(K) Appropriate measures of the impact of statewide efforts to promote collaboration among providers of preschool through postsecondary education and to develop a high-quality workforce and strategies for collecting and sharing data relevant to such measures; (L) Strategies for developing and improving opportunities and for removing barriers to achievement for children identified as gifted under Chapter 3324. of the Revised Code.;
(M) Legislative changes to establish criteria by which state universities may waive the general requirement, under division (B) of section 3345.06 of the Revised Code, that a student complete the Ohio core curriculum to be admitted as an undergraduate. The partnership at least shall consider criteria for waiving the requirement for students who have served in the military and students who entered ninth grade on or after July 1, 2010, in another state and moved to Ohio prior to high school graduation. The recommendations for legislative changes under this division shall be developed in consultation with the Ohio board of regents and shall be issued not later than July 1, 2007.
Sec. 3301.43. The partnership for continued learning, in collaboration with the Ohio board of regents and the state board of education, shall recommend a means of assessing high school students' college and work readiness, especially in English and mathematics. The partnership shall recommend one or more assessments that can achieve the following goals:
(A) Measure students' skills against identified college and work-ready expectations in English and mathematics and serve as an indicator of students' readiness to successfully complete introductory level coursework at an institution of higher education and to avoid remedial coursework;
(B) Promote consistency in high school academic course content, quality, and expectations;
(C) Provide individual students with information to assist in planning the remaining high school learning experience;
(D) Serve as one indicator for college admission or placement;
(E) Assist institutions of higher education in aligning remedial coursework with the college and work-ready expectations measured by the assessments.
In evaluating the range of assessment tools, the partnership shall consult with the state board of education and the board of regents to consider the suitability for this purpose of existing state and commercial assessments, including the Ohio graduation tests. The partnership's recommendations shall describe how its recommended assessments fit within the existing system of state achievement tests established under section 3301.0710 of the Revised Code.
The partnership shall submit its recommendations not later than July 30, 2007, to the governor, the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the state board of education, the superintendent of public instruction, the board of regents, and the chancellor of the board of regents.
Sec. 3301.46. Not later than April 30, 2009, the department of education and the Ohio board of regents jointly shall propose a standard method and form for documenting on high school transcripts high school credits earned that are compatible with the standards for credit transfer and articulation adopted by the board of regents under sections 3333.16 and 3333.161 of the Revised Code and any electronic clearinghouse for student transcript transfer developed by the board of regents. The proposal shall be submitted to the state board of education, the chancellor of the board of regents, the partnership for continued learning, the governor, the speaker and minority leader of the house of representatives, the president and minority leader of the senate, and the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation.
Sec. 3302.032. Not later than June 30, 2012, the state board of education shall select one or more methods of measuring high school graduates' preparedness for higher education and the workforce. The measures may include, but need not be limited to, student performance on the assessments recommended under section 3301.43 of the Revised Code, the percentage of students who earn credit toward a degree from an institution of higher education while enrolled in high school, or the percentage of students who take remedial coursework upon enrollment in an institution of higher education.
The department of education annually shall include the school district's or school building's performance on each applicable measure on the report card issued for that district or building under section 3302.03 of the Revised Code, beginning with the report cards issued for the 2012-2013 school year. The department shall not apply the measures to the school district's or building's rating under division (B) of that section. Prior to selecting the measures, the state board shall consult with the partnership for continued learning and the Ohio board of regents.
Sec. 3313.472. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall adopt a policy on parental involvement in the schools of
the district. The policy shall be designed to build consistent
and effective communication between the parents and foster caregivers
of students
enrolled in the district and the teachers and administrators
assigned to the schools their children or foster children attend. The
policy shall
provide the opportunity for parents and foster caregivers to be
actively involved in
their children's or foster children's education and to be informed of
the following: (A)(1) The importance of the involvement of parents and foster caregivers
in
directly affecting the success of their children's or foster
children's educational
efforts;
(B)(2) How and when to assist their children or foster children in and
support
their children's or foster children's classroom learning activities;
(C)(3) Techniques, strategies, and skills to use at home to
improve their children's or foster children's academic success and to
support their
children's or foster children's academic efforts at school and their
children's or foster children's
development as future responsible adult members of society.
(B) The state board of education shall adopt recommendations for the development of parental involvement policies under this section. Prior to adopting the recommendations, the state board shall consult with the national center for parents at the university of Toledo.
Sec. 3313.48. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall provide for the free education of the youth of school age
within the district under its jurisdiction, at such places as
will be most convenient for the attendance of the largest number
thereof. Except as provided in section 3313.481 of the Revised
Code, each Each school so provided and each chartered nonpublic school shall be open for instruction with
pupils in attendance, including scheduled classes, supervised activities, and approved education options but excluding lunch and breakfast periods and extracurricular activities, for not less than one hundred eighty-two
days four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, as defined in section 3317.029 of the Revised Code, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year, which may include all of the following: (A)(1) Up to four school days ten hours per year in which classes are
dismissed one-half day early or the equivalent amount of time
during a different number of days in grades kindergarten through six and up to eleven hours per year in grades seven through twelve during which pupils would otherwise be in attendance but are not required to attend for the purpose of
individualized parent-teacher conferences and reporting periods;
(B)(2) Up to two days ten hours per year during which pupils would otherwise be in attendance but are not required to attend for professional meetings of teachers
when such days occur during a regular school week and schools are
not in session of grades kindergarten through six, and up to eleven hours per year for such meetings of teachers of grades seven through twelve;
(C) The number of days the school is closed as a result of
public calamity, as provided in section 3317.01 of the Revised
Code (3) Morning and afternoon recess periods of not more than fifteen minutes duration per period for pupils in grades kindergarten through six.
The state board of education shall adopt standards for
defining "school day" as used in sections 3313.48 and 3317.01 of
the Revised Code.
Except as otherwise provided in this section, each day for
grades seven through twelve shall consist of not less than five
clock hours with pupils in attendance, except in such emergency
situations, including lack of classroom space, as are approved by
the state board of education. Except as otherwise provided in
this section, each day for grades one through six shall consist
of not less than five clock hours with pupils in attendance which
may include fifteen minute morning and afternoon recess periods,
except in such emergency situations, including lack of classroom
space, as are approved by the state board of education.
(B) No school operated by a city, exempted village, local, or joint vocational school district shall reduce the number of hours in each school year and the number days in each school week that the school is scheduled to be open for instruction from the number of hours per year and the number of days per week the school was open for instruction during the previous school year unless either reduction is approved by a resolution adopted by the district board of education. Any reduction so approved shall not result in fewer hours of instruction per school year than the applicable number of hours required under this section. (C) Prior to making any change in the hours or days in which a high school under its jurisdiction is open for instruction, the board of education of each city, exempted village, and local school district shall consider the compatibility of the proposed change with the scheduling needs of any joint vocational school district in which any of the high school's students are also enrolled. The board shall consider the impact of the proposed change on student access to the instructional programs offered by the joint vocational school district, incentives for students to participate in vocational education, transportation, and the timing of graduation. The board shall provide the joint vocational school district board with advance notice of the proposed change and the two boards shall enter into a written agreement prescribing reasonable accommodations to meet the scheduling needs of the joint vocational school district prior to implementation of the change.
(D) Prior to making any change in the hours or days in which the schools under its jurisdiction are open for instruction, the board of education of each city, exempted village, and local school district shall consult with the chartered nonpublic schools and community schools, established under Chapter 3314. of the Revised Code, to which the district is required to transport students under section 3314.09 or 3327.01 of the Revised Code and shall consider the effect of the proposed change on the schedule for transportation of those students to their nonpublic or community schools.
Sec. 3313.481. Wherever in Title XXXIII of the Revised Code
the term "school day" is used, unless otherwise specified, that
term shall be construed to mean the time during a calendar day other than Saturday or Sunday
that a school is open for instruction pursuant to the schedule
adopted by the board of education of the school district or the governing authority of the chartered nonpublic school in
accordance with section 3313.48 of the Revised Code.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be limited to, all of the
following: (1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, who are exhibiting other academic
or behavioral problems
specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code; (2) The grades served by the school,
which may include any
of grades kindergarten through twelve; (3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following: (a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school; (b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school back to the
regular education program of the district; (c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of the evaluation to the
public. (B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following: (1) A requirement that on each school day students must
attend school or
participate in other
programs specified in the
plan or by the chief administrative officer of the
school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time
required in the
plan or by the chief
administrative officer; (2) Restrictions on student participation in
extracurricular
or interscholastic activities; (3) A requirement that students wear uniforms prescribed by
the
district board of education. (C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities. (D) An alternative school may be
established in all or part
of a school building. (E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district. (G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district. (1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following: (a) A description of the educational program provided at
the
alternative school, which shall include: (i) Provisions for the school to be configured in clusters
or small learning communities; (ii) Provisions for the incorporation of education
technology into the curriculum; (iii) Provisions for accelerated learning programs in
reading and mathematics. (b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code. (c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs; (d) A plan for a student's transition from the alternative
school back to a school operated by the school district; (e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state. (2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve. (3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students. (H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division. (1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information: (a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed; (c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined; (d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed; (e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond; (f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties. (2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following: (a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school; (b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board; (c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school; (d) Financial responsibility. (3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract. The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice. (4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract. (5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract. (6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code. (I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.603. (A) As used in this section: (1) "One unit" means a
minimum of one hundred twenty hours
of course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction. (2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614 of the Revised Code, the
requirements for
graduation from every high school shall include
twenty units earned in grades nine through twelve and shall be
distributed as follows: (1) English language arts, four units; (2) Health, one-half unit; (3) Mathematics, three units; (4) Physical education, one-half unit; (5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following: (a) Biological sciences, one
unit; (b) Physical sciences, one
unit. (6) Social studies, three units, which shall include both
of
the following: (a) American history, one-half
unit; (b) American government, one-half
unit. (7) Elective units, seven units until September 15, 2003,
and
six units thereafter. Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language. (C) Beginning with students who enter ninth grade for the first time on or after July 1, 2010,
except as provided in divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school shall include
twenty units that are designed to prepare students for the workforce and college. The units shall be distributed as follows: (1) English language arts, four units; (2) Health, one-half unit; (3) Mathematics, four units, which shall include one unit of algebra II or the equivalent of algebra II; (4) Physical education, one-half unit; (5) Science, three
units with inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information, which shall include the following, or their equivalent: (a) Physical sciences, one unit; (b) Biology, one unit; (c) Advanced study in one or more of the following sciences, one unit: (i) Chemistry, physics, or other physical science; (ii) Advanced biology or other life science; (iii) Astronomy, physical geology, or other earth or space science. (6) Social studies, three units, which shall include both
of
the following: (a) American history, one-half
unit; (b) American government, one-half
unit. Each school shall integrate the study of economics and financial literacy, as expressed in the social studies academic content standards adopted by the state board of education under section 3301.079 of the Revised Code, into one or more existing social studies credits required under division (C)(6) of this section, or into the content of another class, so that every high school student receives instruction in those concepts. In developing the curriculum required by this paragraph, schools shall use available public-private partnerships and resources and materials that exist in business, industry, and through the centers for economics education at institutions of higher education in the state. (7) Five
units consisting of one or any combination of foreign language, fine arts, business, career-technical education, family and consumer sciences, technology, agricultural education, or English language arts, mathematics, science, or social studies courses not otherwise required under division (C) of this section. Ohioans must be prepared to apply increased knowledge and skills in the workplace and to adapt their knowledge and skills quickly to meet the rapidly changing conditions of the twenty-first century. National studies indicate that all high school graduates need the same academic foundation, regardless of the opportunities they pursue after graduation. The goal of Ohio's system of elementary and secondary education is to prepare all students for and seamlessly connect all students to success in life beyond high school graduation, regardless of whether the next step is entering the workforce, beginning an apprenticeship, engaging in post-secondary training, serving in the military, or pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all students entering ninth grade for the first time at a public or chartered nonpublic high school on or after July 1, 2010. A student may satisfy this expectation through a variety of methods, including, but not limited to, integrated, applied, career-technical, and traditional coursework. Whereas teacher quality is essential for student success in completing the Ohio core curriculum, the general assembly shall appropriate funds for strategic initiatives designed to strengthen schools' capacities to hire and retain highly qualified teachers in the subject areas required by the curriculum. Such initiatives are expected to require an investment of $120,000,000 over five years. Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging academic endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for Ohio's students, families, and the state. The state board of education, the Ohio board of regents, and the partnership for continued learning shall develop policies to ensure that only in rare instances will students who complete the Ohio core curriculum require academic remediation after high school. School districts, community schools, and chartered nonpublic schools shall integrate technology into learning experiences whenever practicable across the curriculum in order to maximize efficiency, enhance learning, and prepare students for success in the technology-driven twenty-first century. Districts and schools may use distance and web-based course delivery as a method of providing or augmenting all instruction required under this division, including laboratory experience in science. Districts and schools shall whenever practicable utilize technology access and electronic learning opportunities provided by the eTech Ohio commission, the Ohio learning network, education technology centers, public television stations, and other public and private providers. (D) Except as provided in division (E) of this section, a student who enters ninth grade on or after July 1, 2010, and before July 1, 2014, may qualify for graduation from a public or chartered nonpublic high school even though the student has not completed the Ohio core curriculum prescribed in division (C) of this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years, as determined by the school, the student and the student's parent, guardian, or custodian sign and file with the school a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill any procedural requirements the school stipulates to ensure the student's and parent's, guardian's, or custodian's informed consent and to facilitate orderly filing of statements under division (D)(1) of this section.
(3) The student and the student's parent, guardian, or custodian and a representative of the student's high school jointly develop an individual career plan for the student that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship. (4) The student's high school provides counseling and support for the student related to the plan developed under division (D)(3) of this section during the remainder of the student's high school experience. (5) The student successfully completes, at a minimum, the curriculum prescribed in division (B) of this section.
The partnership for continued learning, in collaboration with the department of education and the Ohio board of regents, shall analyze student performance data to determine if there are mitigating factors that warrant extending the exception permitted by division (D) of this section to high school classes beyond those entering ninth grade before July 1, 2014. The partnership shall submit its findings and any recommendations not later than August 1, 2014, to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the state board of education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school retains the authority to require an even more rigorous minimum curriculum for high school graduation than specified in division (B) or (C) of this section. A school district board of education, through the adoption of a resolution, or the governing authority of a chartered nonpublic school may stipulate any of the following:
(1) A minimum high school curriculum that requires more than twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high school curriculum that is comparable to the exception provided in division (D) of this section but with additional requirements, which may include a requirement that the student successfully complete more than the minimum curriculum prescribed in division (B) of this section;
(3) That no exception comparable to that provided in division (D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery program, which program has received a waiver from the department of education, may qualify for graduation from high school by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the Ohio core curriculum prescribed in division (C) of this section. The department shall grant a waiver to a dropout prevention and recovery program, within sixty days after the program applies for the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the applicable score designated for each of the tests prescribed under division (B) of section 3301.0710 of the Revised Code. (4) The program develops an individual career plan for the student that specifies the student's matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the student related to the plan developed under division (F)(4) of this section during the remainder of the student's high school experience.
(6) The program requires the student and the student's parent, guardian, or custodian to sign and file, in accordance with procedural requirements stipulated by the program, a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted to the department an instructional plan that demonstrates how the academic content standards adopted by the state board of education under section 3301.079 of the Revised Code will be taught and assessed. If the department does not act either to grant the waiver or to reject the program application for the waiver within sixty days as required under this section, the waiver shall be considered to be granted.
(G) Every high school
may permit students below the ninth
grade to take advanced work
for high school credit. A high school shall count
such advanced work toward the
graduation requirements of division
(B) or (C) of
this section if the advanced work was both: (1) Taught by a person who possesses a license or
certificate issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised Code
that is valid for teaching high school; (2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements. (D) Each high school shall record on the student's high school transcript all high school credit awarded under division (G) of this section. In addition, if the student completed a seventh- or eighth-grade fine arts course described in division (K) of this section and the course qualified for high school credit under that division, the high school shall record that course on the student's high school transcript.
(H) The department shall make its individual academic career plan available through its Ohio career information system web site for districts and schools to use as a tool for communicating with and providing guidance to students and families in selecting high school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and technical career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section. (J) The state board of education, in consultation with the Ohio board of regents and the partnership for continued learning, shall adopt a statewide plan implementing methods for students to earn units of high school credit based on a demonstration of subject area competency, instead of or in combination with completing hours of classroom instruction. The state board shall adopt the plan not later than March 31, 2009, and commence phasing in the plan during the 2009-2010 school year. The plan shall include a standard method for recording demonstrated proficiency on high school transcripts. Each school district, community school, and chartered nonpublic school shall comply with the state board's plan adopted under this division and award units of high school credit in accordance with the plan. The state board may adopt existing methods for earning high school credit based on a demonstration of subject area competency as necessary prior to the 2009-2010 school year. (K) This division does not apply to students who qualify for graduation from high school under division (D) or (F) of this section, or to students pursuing a career-technical instructional track as determined by the school district board of education or the chartered nonpublic school's governing authority. Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first time on or after July 1, 2010, each student enrolled in a public or chartered nonpublic high school shall complete two semesters or the equivalent of fine arts to graduate from high school. The coursework may be completed in any of grades seven to twelve. Each student who completes a fine arts course in grade seven or eight may elect to count that course toward the five units of electives required for graduation under division (C)(7) of this section, if the course satisfied the requirements of division (G) of this section. In that case, the high school shall award the student high school credit for the course and count the course toward the five units required under division (C)(7) of this section. If the course in grade seven or eight did not satisfy the requirements of division (G) of this section, the high school shall not award the student high school credit for the course but shall count the course toward the two semesters or the equivalent of fine arts required by this division. (L) Notwithstanding anything to the contrary in this section, the board of education of each school district and the governing authority of each chartered nonpublic school may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band, or cheerleading for at least two full seasons. If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate. However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction, in another course of study.
Sec. 3313.6013. (A) As used in this section, "dual enrollment program" means a program that enables a student to earn credit toward a degree from an institution of higher education while enrolled in high school or that enables a student to complete coursework while enrolled in high school that may earn credit toward a degree from an institution of higher education upon the student's attainment of a specified score on an examination covering the coursework. Dual enrollment programs may include any of the following:
(1) The post-secondary enrollment options program established under Chapter 3365. of the Revised Code; (2) Advanced placement courses; (3) Any similar program established pursuant to an agreement between a school district or chartered nonpublic high school and an institution of higher education.
(B) Each city, local, exempted village, and joint vocational school district and each chartered nonpublic high school shall provide students enrolled in grades nine through twelve with the opportunity to participate in a dual enrollment program. For this purpose, each school district and chartered nonpublic high school shall offer at least one dual enrollment program in accordance with division (B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets the requirements of this division through its mandatory participation in the post-secondary enrollment options program established under Chapter 3365. of the Revised Code. However, a city, local, or exempted village school district may offer any other dual enrollment program, in addition to the post-secondary enrollment options program, and each joint vocational school district shall offer at least one other duel enrollment program, to students in good standing, as defined by the partnership for continued learning under section 3301.42 of the Revised Code.
(2) A chartered nonpublic high school that elects to participate in the post-secondary enrollment options program established under Chapter 3365. of the Revised Code meets the requirements of this division. Each chartered nonpublic high school that elects not to participate in the post-secondary enrollment options program instead shall offer at least one other dual enrollment program to students in good standing, as defined by the partnership for continued learning under section 3301.42 of the Revised Code. (C) Each school district and each chartered nonpublic high school shall provide information about the dual enrollment programs offered by the district or school to all students enrolled in grades eight through eleven. Sec. 3313.6014. The board of education of each city, exempted village, and local school district shall by resolution adopt a procedure for notifying the parent, guardian, or custodian of each student enrolled in a high school operated by the district or enrolled in a school operated by the joint vocational school district to which the city, exempted village, or local district belongs of the requirements of the Ohio core curriculum prescribed in section 3313.603 of the Revised Code and that one consequence of not completing that curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
This section does not create a new cause of action or substantive legal right.
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply: (1) The person has successfully completed the curriculum
in
any high school or the individualized education program
developed
for the person by any high school pursuant to section
3323.08 of
the Revised Code, or has qualified under division (D) or (F) of section 3313.603 of the Revised Code, provided that no school district shall require a student to remain in school for any specific number of semesters or other terms if the student completes the required curriculum early; (2)
Subject to section 3313.614 of the Revised Code, the
person
either: (a) Has attained at least the applicable scores
designated
under division (B) of section 3301.0710 of the Revised
Code on all
the tests required by that division unless the person
was excused
from taking any such test pursuant to
section 3313.532 of the
Revised Code or
unless
division (H)
or (L) of this section applies
to the person; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code. (3) The person is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section. Except as provided in divisions (C), (E),
(J), and (L) of
this
section, no diploma shall be granted under this
division to
anyone
except as provided under this division. (B) In lieu of a diploma granted under division (A) of
this
section, an honors diploma shall be granted, in accordance
with
rules of the state board of education, by any such district
board
to anyone who successfully accomplishes all of the following: (1) Successfully completes the curriculum in any
high
school or the individualized education program developed for
the
person by any high school pursuant to section 3323.08 of the
Revised Code, who has attained
subject; (2) Subject to section 3313.614 of the
Revised Code, either: (a) Has attained at least the applicable scores
designated under
division (B) of section 3301.0710 of the Revised
Code on all the
tests required by that division, or has; (b) Has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code, and
who has. (3) Has met
additional
criteria established by the state board for
the
granting of such a
diploma. Except An honors diploma shall not be granted to a student who is subject to the Ohio core curriculum prescribed in division (C) of section 3313.603 of the Revised Code but elects the option of division (D) or (F) of that section. Except as provided in divisions
(C),
(E), and (J) of
this section, no honors
diploma shall be
granted
to anyone failing
to comply with this division and no more
than
one honors diploma
shall be granted to any student under this
division. The state board shall adopt rules prescribing the granting
of
honors diplomas under this division. These rules may
prescribe
the granting of honors diplomas that recognize a
student's
achievement as a whole or that recognize a student's
achievement
in one or more specific subjects or both. The rules may prescribe the granting of an honors diploma recognizing technical expertise for a career-technical student. In any
case, the rules
shall designate two or more criteria for the
granting of each type
of honors diploma the board establishes
under this division and
the number of such criteria that must be
met for the granting of
that type of diploma. The number of such
criteria for any type of
honors diploma shall be at least one
less than the total number of
criteria designated for that type
and no one or more particular
criteria shall be required of all
persons who are to be granted
that type of diploma. (C) Any such district board administering any of the tests
required by section 3301.0710
or 3301.0712 of the Revised Code to
any person
requesting to take such test pursuant to division
(B)(8)(b)
of
section 3301.0711 of the Revised Code shall award
a
diploma to
such person if the person attains at least the
applicable
scores
designated under division (B) of section
3301.0710 of the Revised
Code on all the tests administered and if
the person has
previously
attained the applicable scores on all
the other tests
required by
division (B) of that section or has
been exempted or
excused from attaining the applicable score on
any such test pursuant to division
(H)
or (L) of this
section
or from taking any such test pursuant to section
3313.532 of the
Revised
Code. (D) Each diploma awarded under this section shall be
signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund. (E) A person who is a resident of Ohio and is eligible
under
state board of education minimum standards to receive a
high
school diploma based in whole or in part on credits earned
while
an inmate of a correctional institution operated by the
state or
any political subdivision thereof, shall be granted such
diploma
by the correctional institution operating the programs in
which
such credits were earned, and by the board of education of
the
school district in which the inmate resided immediately prior
to
the inmate's placement in the institution. The diploma
granted by
the
correctional institution shall be signed by the director of
the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue. (F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma
by the correctional institution offering the program in
which the
credits were earned. The diploma granted by the
correctional
institution shall be signed by the director of the
institution and
by the person serving as principal of the
institution's high
school and shall bear the date of issue. (G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions. (H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
social
studies designated under division (B) of section 3301.0710 of the
Revised Code or the test in
citizenship designated under
former
division (B) of section 3301.0710 of
the Revised Code
as it
existed prior to
September 11, 2001: (1) The person is not a citizen of the United States; (2) The person is not a permanent resident of the United
States; (3) The person indicates no intention to
reside in the
United States after the completion of high school. (I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code. (J) Upon receipt of a notice under division (D) of
section
3325.08 of the Revised Code
that a student has received a diploma
under that section, the board of
education receiving the notice
may grant a high school diploma under this
section to the student,
except that such board shall grant the student a
diploma if the
student meets the graduation requirements that the student
would
otherwise have had to meet to receive a diploma from the district.
The
diploma granted under this section shall be of
the same type
the notice indicates the student received under section 3325.08
of
the Revised Code. (K) As used in this division, "limited English proficient student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code. Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section. (L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the tests prescribed under division (B) of section
3301.0710 of the Revised Code provided an individualized education
program specifically exempts the student from attaining such
scores. This division does not negate the requirement for such a
student to take all such tests or alternate assessments required
by division (C)(1) of section 3301.0711 of the Revised Code for
the purpose of assessing student progress as required by federal
law. Sec. 3313.614. (A) As used in this section, a person
"fulfills the curriculum requirement for a diploma" at the time
one of the following conditions is satisfied: (1) The person successfully completes the high school
curriculum of a school district, a community school, a chartered
nonpublic school, or a correctional institution. (2) The person successfully completes the individualized
education program developed for the person under section 3323.08
of the Revised Code. (3) A board of education issues its determination under
section 3313.611 of the Revised Code that the person qualifies as
having successfully completed the curriculum required by the
district. (B) This division specifies the testing requirements that
must be fulfilled as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code. (1) A person who fulfills the curriculum requirement for a
diploma before September 15, 2000, is not required to pass any
proficiency test or achievement test in science as a condition to
receiving a diploma. (2) Except as provided in division (B)(3) of this section,
a
person who fulfills the curriculum requirement for a diploma
prior
to September 15, 2006, is not required to pass the Ohio
graduation
test in any subject as a condition to receiving
a
diploma once the
person has passed the ninth grade proficiency
test in the same
subject, so long as the person passed the ninth
grade proficiency
test prior to September 15, 2008. However, any such person who passes the Ohio graduation test in any subject prior to passing the ninth grade proficiency test in the same subject shall be deemed to have passed the ninth grade proficiency test in that subject as a condition to receiving a diploma. For this
purpose, the ninth
grade proficiency test in citizenship
substitutes for the Ohio
graduation test in social
studies. If a
person fulfills the
curriculum requirement for a
diploma prior to
September 15, 2006,
but does not pass a ninth
grade proficiency
test or the Ohio graduation test in a particular
subject before September
15, 2008, and
passage of a test in that
subject is a condition for
the person to
receive a diploma, the
person must pass the Ohio graduation test instead of the ninth grade proficiency test
in that subject to
receive a diploma. (3) A person who begins tenth grade after July 1, 2004,
in a
school district, community school, or chartered nonpublic
school
is not eligible to receive a diploma based on passage of
ninth
grade proficiency tests. Each such person must pass Ohio
graduation tests to meet the testing requirements
applicable to
that person as a condition to receiving a diploma. (C)
This division specifies the curriculum requirement that
shall be completed as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code. (1) A person who is under twenty-two years of age when the
person fulfills the curriculum requirement for a diploma shall
complete the curriculum required by the school district or school
issuing the diploma for the first year that the
person originally
enrolled in high school, except for a person who qualifies for graduation from high school under either division (D) or (F) of section 3313.603 of the Revised Code. (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. 3313.615. This section shall apply to diplomas awarded
after September 15, 2006, to students who are required to take the
five Ohio graduation tests prescribed by division (B) of
section
3301.0710 of the Revised Code. (A) As an alternative to the requirement that a person
attain the scores designated under division (B) of section
3301.0710 of the Revised Code on all the tests required under that
division in order to be eligible for a high school diploma or an
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the
Revised Code or for a diploma of adult education under section
3313.611 of the Revised Code, a person who has attained at least
the applicable scores designated under division (B) of section
3301.0710 of the Revised Code on all but one of the tests required
by that division and from which the person was not excused or
exempted, pursuant to division (H) or (L) of section 3313.61,
division (B) of section 3313.612, or section 3313.532 of the
Revised Code, may be awarded a diploma or honors diploma if the
person has satisfied all of the following conditions: (1) On the one test required under division (B) of section
3301.0710 of the Revised Code for which the person failed to
attain the designated score, the person missed that score by ten
points or less; (2) Has a ninety-seven per cent school attendance rate in
each of the last four school years, excluding any excused
absences; (3) Has not been expelled from school under
section
3313.66
of the Revised Code in any of the last four school
years; (4) Has a grade point average of at least 2.5 out of 4.0,
or
its equivalent as designated in rules adopted by the state
board
of education in the subject area of the test required under
division (B) of section 3301.0710 of the Revised Code for which
the person failed to attain the designated score; (5) Has completed the high school curriculum requirements
prescribed in section 3313.603 of the Revised Code in the subject
area described in division (A)(4) of this or has qualified under division (D) or (F) of that section; (6) Has taken advantage of any intervention programs
provided by the school district or school in the subject area
described in division (A)(4) of this section and has a
ninety-seven per cent attendance rate, excluding any excused
absences, in any of those programs that are provided at times
beyond the normal school day, school week, or school year or has
received comparable intervention services from a source other than
the school district or school; (7) Holds a letter recommending graduation from each of the
person's high school teachers in the subject area described in
division (A)(4) of this section and from the person's high school
principal. (B) The state board of education shall establish rules
designating grade point averages equivalent to the average
specified in division (A)(4) of this section for use by school
districts and schools with different grading systems.
Sec. 3313.62. The school year shall begin on the first day
of July of each
calendar year and close on the thirtieth day of
June of the succeeding
calendar year.
A school week shall consist
of up to five days, and a school month
of four school weeks shall not include Saturday or Sunday.
Sec. 3314.012. (A) Within ninety days
of September
28, 1999, the superintendent of
public instruction shall appoint representatives of the department
of education, including employees who work with the education
management information system and employees of the office of
community schools established by section 3314.11 of the Revised Code,
to a committee to develop report card models for community schools. The
director of the legislative office of education oversight
shall also appoint representatives to the committee. The
committee shall design model report cards appropriate for the
various types of community schools approved to operate in the
state. Sufficient models shall be developed to reflect the
variety of grade levels served and the missions of the state's
community schools. All models shall include both financial and
academic data. The initial models shall be developed by March 31,
2000. (B) The department of education shall issue an annual
report card for each community school. The report card shall report
the academic and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report card shall include all information applicable to school buildings under division (A) of section 3302.03 of the Revised Code and section 3302.032 of the Revised Code. (C) Upon receipt of a copy of a contract between a sponsor and a
community school entered into under this chapter, the department of education
shall notify the community school of the specific model report card that will
be used for that school. (D) Report cards shall be distributed to the parents of all
students
in the community school, to the members of the board of education
of the school district in which the community school is located,
and to any person who requests one from the department. (E) No report card shall be issued for any community school under
this section until the school has been open for instruction for two full
school years.
Sec. 3314.03.
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, 3313.472,
3313.50, 3313.536,
3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code; (e) The school shall comply with Chapter 102. 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 for students who enter ninth grade for the first time before July 1, 2010, 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;. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the Ohio core curriculum prescribed in division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, adopted by the state board of education under division (J) of section 3313.603 of the Revised Code. (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. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center. This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off increase, as defined in section 5705.211 of the Revised Code. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board. The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter. Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code. Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate. Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district. The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year. Until fiscal year 2007, payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent. Beginning in fiscal year 2007, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2007 and in each fiscal year thereafter, annualized periodic payments for each school district shall be based on the district's student counts certified pursuant to section 3317.03 of the Revised Code as follows:
the sum of one-half of the number of students reported
for the first full week in October plus one-half of the
average of the numbers reported for the first full week
in October and for the first full week in FebruaryExcept as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which: (A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code. (B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester. A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days sixteen and one-half hours
or only
a portion of the kindergarten students were in attendance
for up
to three days fifteen hours, in the case of students attending all-day kindergarten, and seven and one-half hours, in the case of students attending half-day kindergarten, in order to allow for the gradual
orientation to
school of such students. The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code. A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board. All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only. Sec. 3317.029. (A) As used in this section: (1)
"Poverty percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM. (2)
"Statewide
poverty percentage" means the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state. (3)
"Poverty index"
means the quotient obtained by dividing the
school district's poverty percentage
by the statewide
poverty percentage. (4) "Poverty student count" means the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC, as certified under section 3317.10
of the Revised
Code. (5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. (6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows: (a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage; (b) Add the number of students in grades one through three; (c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three. "Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. (7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day week as for pupils
in grades one through
six. (8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten. (9)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance. If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage. (B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the department of education shall compute and distribute to each school district for poverty-based assistance the greater of the following: (1) The amount the
district received in fiscal
year 2005 for disadvantaged pupil impact aid pursuant to Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly general assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly general assembly that year for payments to internet- and computer-based community schools; (2) The sum of the
computations made under divisions (C) to (I) of
this section. (C) A payment for academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows: (1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75: large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
Where:
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007;
(iii) "Level one hours" equals 25 hours; (iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75: large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50: medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage
Where: (i) "Medium group intervention units" equals the district's formula ADM divided by 15; (ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50: medium-group intervention units X hourly rate X level two hours X phase-in percentage
Where:
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section; (ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50: small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]} X phase-in percentage
Where:
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10; (ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50: small group intervention units X hourly rate X level three hours X phase-in percentage
Where:
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section; (ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours. Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code. (D) A payment for all-day kindergarten if the
poverty index of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount. (E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows: (1) Determine or calculate a formula number of teachers per
one
thousand students based on the
poverty index of the school
district as follows: (a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty to one; (b) If the poverty index of the school
district is greater than
or equal to 1.0, but less than
1.5, the
formula number of teachers is calculated as
follows: 50.0 + {[(poverty index – 1.0)/0.5] X 16.667}Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the interval from a
poverty index of 1.0 to a
poverty index of
1.5; and 16.667 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty to
one. (c) If the
poverty index of the school district is greater than
or equal to
1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one. (2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand; (3) Calculate the number of new teachers as follows: (a) Multiply the kindergarten through third grade ADM
by
50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty to one, and divide that
product by one thousand; (b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section. (4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers compensation. For this purpose, the "statewide average teacher compensation" is $53,680 in fiscal year 2006 and $54,941 in fiscal year 2007, which includes an amount for the value of fringe benefits. (F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows: (1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows: {0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals: 0.25 X formula amount(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year. Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007. (G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows: (1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows: [(poverty index – 1.0)/0.75] X 0.045 X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals: 0.045 X formula amount(3) Determine the number of teachers, as follows: (formula ADM/17)(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. (H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows: 0.005 X formula amount X poverty indexX formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. (I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows: 0.005 X formula amount X poverty index X formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. (J) This division applies only to school districts whose
poverty index is 1.0 or greater. (1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage. To satisfy this requirement, a district may use funds paid under division (C), (F), (G), (H), or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section. (2) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (F) of this section for one or more of the following purposes: (a) To hire teachers for limited English proficient students or other personnel to provide intervention services for those students; (b) To contract for intervention services for those students; (c) To provide other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code. (3) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (G) of this section for professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas: (a) Data-based decision making; (b) Standards-based curriculum models; (c) Job-embedded professional development activities that are research-based, as defined in federal law. In addition, each district shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program. (4) Except as permitted under division (J)(1) of this section, each big eight school district shall use its payment under division (H) of this section either for preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005, the department of education shall provide each big eight school district with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program. (5) Except as permitted under division (J)(1) of this section, each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for one or a combination of the following purposes: (a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel; (b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section. (6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for academic intervention services for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code, including intervention services required by section
3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose. (7) Except as otherwise required by division (K) or
permitted under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year. School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods: (a) Reducing the number of students in a
classroom taught by
a single teacher; (b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code; (c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom. Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation. Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs. (K) Each district
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained. (L)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates. (2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code, shall
determine for each school district subject to division (J) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (K) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education. (M)(1) Each school district with a poverty index less than
1.0 that receives a payment under division (D) of this section shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
To satisfy this requirement, a district may use funds paid under division (C) or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section. (2) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section. (3) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes: (a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel; (b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section. (4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend the
remaining
funds received under this
section, and
any other
district with a
poverty index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes: (a) The purchase of technology for
instructional purposes for remediation; (b) All-day kindergarten; (c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section; (d) Summer school remediation; (e) Dropout prevention programs approved by the department of education under division (J)(4) of this section; (f) Guaranteeing that all third graders are
ready to
progress to more advanced work; (g) Summer education and work programs; (h) Adolescent pregnancy programs; (i) Head start, preschool, early childhood education, or early learning programs; (j) Reading improvement and remediation programs described
by the
department of education; (k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning; (l) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code; (m) School breakfasts provided pursuant to section
3313.813
of the Revised Code. (N) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten. The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section. (O)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met: (a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten. (b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section. (2) A district may use a portion of the funds described in
division (J)(7) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department. Sec. 3319.0811. If the board of education of a school district offers to students of compulsory school age courses for high school credit that are taught at times outside the district's normal school day, the board shall enter into supplemental contracts under section 3319.08 of the Revised Code with the teachers assigned to teach those courses and shall not include such assignment of duties within the teachers' regular employment contracts under that section.
Sec. 3319.233. The state board of education, in collaboration with the Ohio board of regents, shall issue an annual report on the quality of institutions approved for the preparation of teachers pursuant to section 3319.23 of the Revised Code. The state board shall prepare the report in collaboration with the board of regents and the teacher quality partnership and shall use data collected by the partnership and other educational agencies as the basis for the information contained in the report. The report shall include at least the following information:
(A) Identification of best practices in the preparation of teachers drawn from research conducted by the teacher quality partnership and other regional and national educational research efforts;
(B) A plan for implementing best practices in approved teacher preparation institutions;
(C)
The number of graduates of approved teacher preparation institutions who graduated with a subject area specialty and teach grades seven through twelve. The number shall be disaggregated according to the subject areas of mathematics, science, foreign language, special education and related services, and any other subject area determined by the state board. (D) A plan to be implemented by the teacher preparation programs approved by the state board under section 3319.23 of the Revised Code for increasing the number of classroom teachers in science, mathematics, and foreign language toward meeting the identified needs for teachers in those subject areas throughout the state but especially in hard-to-staff schools. The state board shall submit the report to the governor, the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, and the chancellor of the board of regents. Sec. 3319.234. The teacher quality partnership, a consortium of teacher preparation programs that have been approved by the state board of education under section 3319.23 of the Revised Code, shall study the relationship of teacher performance on educator licensure assessments, as adopted by the state board under section 3319.22 of the Revised Code, to teacher effectiveness in the classroom. Not later than September 1, 2008, the partnership shall begin submitting annual data reports along with any other data on teacher effectiveness the partnership determines appropriate to the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the chairpersons and ranking minority members of the standing committees of the senate and the house of representatives that consider education legislation, the superintendent of public instruction, the state board of education, the Ohio board of regents, and the partnership for continued learning.
Sec. 3325.08. (A) A diploma shall be granted by the
superintendent of the state school for the blind and the
superintendent of the state school for the deaf to any student
enrolled in one of these state schools to whom all of the
following apply: (1) The student has successfully completed the
individualized education program developed for the student
for the
student's high school education pursuant to section
3323.08 of the
Revised Code; (2)
Subject to section 3313.614 of the Revised Code, the
student
either: (a) Has attained at least the applicable
scores designated
under division (B) of section 3301.0710 of the
Revised Code on all
the tests prescribed by that division
unless
division (L) of
section
3313.61 of the Revised Code
applies to the
student; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code. (3) The student is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section. No diploma shall be granted under this division to anyone
except as provided under this division. (B) In lieu of a diploma granted under division (A) of
this
section, the superintendent of the state school for the
blind and
the superintendent of the state school for the deaf
shall grant an
honors diploma, in the same manner that the boards
of education of
school districts grant such diplomas under
division (B) of section
3313.61 of the Revised Code, to any
student enrolled in one of
these state schools who successfully accomplishes all of the following: (1) Successfully
completes the individualized
education program developed for
the student for the student's high
school education
pursuant to section 3323.08 of the Revised Code,
who has attained
subject; (2) Subject to section 3313.614 of the Revised Code, either: (a) Has attained
at least the
applicable scores
designated under division (B) of
section 3301.0710 of the Revised
Code on all the tests prescribed
under that division, and who has; (b) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code. (3) Has
met additional criteria for
granting such a an honors diploma. These These
additional criteria shall be the
same as those prescribed by the
state board under division (B) of
section 3313.61 of the Revised
Code for the granting of such
diplomas by school districts. No
honors diploma shall be granted
to anyone failing to comply with
this division and not more than
one honors diploma shall be
granted to any student under this
division. (C) A diploma or honors diploma awarded under this section
shall be signed by the superintendent of public instruction and
the superintendent of the state school for the blind or the
superintendent of the state school for the deaf, as applicable.
Each diploma shall bear the date of its issue and be in such form
as the school superintendent prescribes. (D) Upon granting a diploma to a student under this
section,
the superintendent of the state school in which the student is
enrolled shall provide notice of receipt of the diploma to the
board of
education of the school district where the student is
entitled to attend
school under section 3313.64 or 3313.65 of the
Revised Code when not residing
at the state school for the blind
or the state school for the deaf. The
notice shall indicate the
type of diploma granted.
Sec. 3333.163. (A) As used in this section, "state institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B) Not later than April 15, 2008, the articulation and transfer advisory council of the Ohio board of regents shall recommend to the board standards for awarding course credit toward degree requirements at state institutions of higher education based on scores attained on advanced placement examinations. The recommended standards shall include a score on each advanced placement examination that the council considers to be a passing score for which course credit may be awarded. Upon adoption of the standards by the board of regents, each state institution of higher education shall comply with the standards in awarding course credit to any student enrolled in the institution who has attained a passing score on an advanced placement examination.
Sec. 3333.34. The Ohio board of regents, in collaboration with the state board of education, shall publish an annual report describing dual enrollment programs, as defined in section 3313.6013 of the Revised Code, that are offered by school districts, community schools established under Chapter 3314. of the Revised Code, and chartered nonpublic high schools. The board of regents shall submit the report to the governor, the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the superintendent of public instruction, and the president of the state board of education. The board of regents also shall post the report on its web site.
Sec. 3345.06. A (A) Subject to divisions (B) and (C) of this section, a graduate of the twelfth grade shall be entitled to admission
without examination to any college or university which is supported wholly or
in part by the state, but for unconditional admission may be required to
complete such units not included in his the graduate's high
school course as may be prescribed, not less than two years prior to
his the graduate's entrance, by the faculty of
the institution.
(B) Beginning with the 2014-2015 academic year, each state university listed in section 3345.011 of the Revised Code, except for Central state university, Shawnee state university, and Youngstown state university, shall permit a resident of this state who entered ninth grade for the first time on or after July 1, 2010, to begin undergraduate coursework at the university only if the person has successfully completed the Ohio core curriculum for high school graduation prescribed in division (C) of section 3313.603 of the Revised Code, unless one of the following applies: (1) The person has earned at least ten semester hours, or the equivalent, at a community college, state community college, university branch, technical college, or another post-secondary institution except a state university to which division (B) of this section applies, in courses that are college-credit-bearing and may be applied toward the requirements for a degree. The university shall grant credit for successful completion of those courses pursuant to any applicable articulation and transfer policy of the Ohio board of regents or any agreements the university has entered into in accordance with policies and procedures adopted under section 3333.16, 3313.161, or 3333.162 of the Revised Code. The university may count college credit that the student earned while in high school through the post-secondary enrollment options program under Chapter 3365. of the Revised Code, or through other dual enrollment programs, toward the requirements of division (B)(1) of this section if the credit may be applied toward a degree.
(2) The person met the high school graduation requirements by successfully completing the person's individualized education program developed under section 3323.08 of the Revised Code.
(3) The person is receiving or has completed the final year of instruction at home as authorized under section 3321.04 of the Revised Code, or has graduated from a nonchartered, nonpublic school in Ohio, and demonstrates mastery of the academic content and skills in reading, writing, and mathematics needed to successfully complete introductory level coursework at an institution of higher education and to avoid remedial coursework.
(4) The person is a high school student participating in the post-secondary enrollment options program under Chapter 3365. of the Revised Code or another dual enrollment program. (C) A state university subject to division (B) of this section may delay admission for or admit conditionally an undergraduate student who has successfully completed the Ohio core curriculum if the university determines the student requires academic remedial or developmental coursework. The university may delay admission pending, or make admission conditional upon, the student's successful completion of the academic remedial or developmental coursework at a university branch, community college, state community college, or technical college. (D) This section does not deny the right of a college of law, medicine, or other
specialized education to require college training for admission, or the right
of a department of music or other art to require particular preliminary
training or talent. Sec. 3345.061. (A) Ohio's two-year institutions of higher education are respected points of entry for students embarking on post-secondary careers and courses completed at those institutions are transferable to state universities in accordance with articulation and transfer agreements developed under sections 3333.16, 3333.161, and 3333.162 of the Revised Code.
(B) Beginning with undergraduate students who commence undergraduate studies in the 2014-2015 academic year, no state university listed in section 3345.011 of the Revised Code, except Central state university, Shawnee state university, and Youngstown state university, shall receive any state operating subsidies for any academic remedial or developmental courses for undergraduate students, including courses prescribed in the Ohio core curriculum for high school graduation under division (C) of section 3313.603 of the Revised Code, offered at its main campus, except as provided in divisions (B)(1) to (4) of this section. (1) In the 2014-2015 and 2015-2016 academic years, a state university may receive state operating subsidies for academic remedial or developmental courses for not more than three per cent of the total undergraduate credit hours provided by the university at its main campus.
(2) In the 2016-2017 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses for not more than fifteen per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
(3) In the 2017-2018 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses for not more than ten per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
(4) In the 2018-2019 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses for not more than five per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
Each state university may continue to offer academic remedial and developmental courses at its main campus beyond the extent for which state operating subsidies may be paid under this division and may continue to offer such courses beyond the 2018-2019 academic year. However, the university shall not receive any state operating subsidies for such courses above the maximum amounts permitted in this division. (C) Except as otherwise provided in division (B) of this section, beginning with students who commence undergraduate studies in the 2014-2015 academic year, state operating subsidies for academic remedial or developmental courses offered by state institutions of higher education may be paid only to Central state university, Shawnee state university, Youngstown state university, any university branch, any community college, any state community college, or any technical college.
(D) Each state university shall grant credit for academic remedial or developmental courses successfully completed at an institution described in division (C) of this section pursuant to any applicable articulation and transfer agreements the university has entered into in accordance with policies and procedures adopted under section 3333.16, 3333.161, or 3333.162 of the Revised Code.
(E) The Ohio board of regents shall do all of the following:
(1) Withhold state operating subsidies for academic remedial or developmental courses provided by a state university as required in order to conform to divisions (B) and (C) of this section;
(2) Adopt uniform statewide standards for academic remedial and developmental courses offered by all state institutions of higher education, as defined in section 3345.011 of the Revised Code;
(3) Encourage and assist in the design and establishment of academic remedial and developmental courses by institutions of higher education;
(4) Define "academic year" for purposes of this section and section 3345.06 of the Revised Code;
(5) Encourage and assist in the development of articulation and transfer agreements between state universities and other institutions of higher education in accordance with policies and procedures adopted under sections 3333.16, 3333.161, and 3333.162 of the Revised Code.
Sec. 3345.062. If the partnership for continued learning, after consulting with the Ohio board of regents and the state board of education, does not complete and submit recommendations for legislative changes for the operation of the post-secondary enrollment options program, as required by division (B) of section 3301.42 of the Revised Code, by the deadline prescribed in that division, each state university, as defined in section 3345.011 of the Revised Code, shall offer via the internet or interactive distance learning at least two college level courses, one each in science and mathematics, by which high school students may earn both high school and college credit. During such course, the university may include a single presentation, of not more than two minutes in length, that describes its other programs and courses. The university may assess a fee for the course required under this section of not more than one-tenth of the amount per credit hour normally assessed by the university for an undergraduate course at its main campus.
SECTION 2. That existing sections 2151.011, 3301.41, 3301.42, 3313.472, 3313.48, 3313.533, 3313.603, 3313.61, 3313.614, 3313.615, 3313.62, 3314.012, 3314.03, 3317.01, 3317.029, 3325.08, and 3345.06 and sections 3313.481 and 3313.482 of the Revised Code are hereby repealed. SECTION 3. The State Board of Education shall establish a Foreign Language Advisory Council to propose a statewide foreign language education implementation plan. The plan shall include recommendations for legislation to implement the plan by the 2014-2015 school year. The State Board, in consultation with the Ohio Board of Regents and the Partnership for Continued Learning, shall appoint the members of the Council, which shall include educators from preschool through higher education, business leaders, and representatives of other interested parties. The Council, not later than December 31, 2007, shall submit its plan to the State Board, the Superintendent of Public Instruction, the Board of Regents, the Partnership for Continued Learning, the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the chairpersons and ranking minority members of the standing committees of the House of Representatives and the Senate that consider education legislation. In formulating its plan, the Council shall consider at least the following:
(A) Facilitating foreign language acquisition across grades kindergarten through twelve, rather than limiting it to high school;
(B) The extent to which students should focus on critical languages of economically competitive countries;
(C) Best practices for implementing P-16 solutions to course instruction in foreign languages;
(D) Multiple course-delivery models, including distance learning, online learning, and synchronous and asynchronous web-based delivery;
(E) Defining a proficiency-based approach to earning credit for foreign language that can be reflected on students' high school transcripts;
(F) Allowing for the proficiency-based approach to apply to nonnative English speakers in their native languages.
SECTION 4. The State Board of Education shall adopt rules revising its standards and requirements for honors diplomas under section 3313.61 of the Revised Code. The State Board shall file the rules so that they take effect not later than June 30, 2007. SECTION 5. That Section 6 of Sub. H.B. 115 of the 126th General Assembly be amended to read as follows: Sec. 6. All appropriation items in this section are appropriated out of money in the state treasury to the credit of the designated fund. For all appropriations made in this section, the amounts in the first column are for fiscal year 2006 and the amounts in the second column are for fiscal year 2007. EDU DEPARTMENT OF EDUCATIONGeneral Revenue Fund
GRF |
200-536 |
|
Ohio Core Support |
|
$ |
0 |
|
$ |
13,200,000 $30,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
0 |
|
$ |
13,200,000 $30,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
13,200,000 $30,000,000 |
OHIO CORE SUPPORT
The foregoing appropriation item 200-536, Ohio Core Support, shall be used to support implementation of the Ohio Core Program, which requires establishment of a rigorous high school curriculum for Ohio's high school students. The Department of Education and the Board of Regents shall jointly plan and work collaboratively to guide implementation of the Ohio Core Program and to administer funding to eligible school districts, fiscal agents, individuals, and programs as determined by this section. The Department of Education and the Board of Regents shall jointly agree to the awarding and expenditure of funds appropriated in this section.
(A) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $2,600,000 in fiscal year 2007 shall be used to support the participation of teachers licensed in Ohio and mid-career professionals not currently employed by a school district or chartered nonpublic school or licensed to teach at the primary or secondary education levels in a twelve-month intensive training program that leads to teacher licensure in a laboratory-based science, advanced mathematics, or foreign language field at the secondary education level and employment with an Ohio school district or chartered nonpublic school.
(B) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $1,500,000 in fiscal year 2007 shall be used to support alternative teacher licensure programs developed by educational service centers, in partnership with institutions of higher education. Participants shall be teachers licensed in Ohio and mid-career professionals not currently employed by a school district or chartered nonpublic school or licensed to teach at the primary or secondary education levels. Programs shall be consistent with the State Board of Education's alternative licensure requirements.
(C) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $3,600,000 in fiscal year 2007 shall be distributed to school districts, and to public fiscal agents on behalf of chartered nonpublic schools, to be used to obtain contracted instruction with institutions of higher education in mathematics, science, or foreign language for public and chartered nonpublic high school students that results in dual high school and college credit. Costs shall be based upon reasonable expenses that institutions of higher education could incur for faculty, supplies, and other associated costs.
(D) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $2,000,000 in fiscal year 2007 shall be disbursed to the eTech Ohio Commission within sixty days after the effective date of this section June 23, 2006. Funding shall be used to implement and support the Ohio Students Choosing On-line Resources for Educational Success Initiative that increases the educational options available for students in mathematics, advanced laboratory-based science, and foreign language. The eTech Ohio Commission shall work collaboratively with the Department of Education and the Board of Regents on this initiative. (E) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $3,500,000 in fiscal year 2007 shall be disbursed to the Board of Regents within sixty days after the effective date of this section June 23, 2006. The Board of Regents shall use the funds to support up to ten regional summer academies that focus on foreign language, science, mathematics, engineering, and technology and prepare eleventh and twelfth grade students enrolled in public or chartered nonpublic schools to pursue college-level foreign language, mathematics, science, technology, and engineering, with a focus on secondary teaching in these disciplines. Successful completion of these academics shall result in dual high school and college credits. Costs shall be based upon reasonable expenses, as determined by the Board of Regents, that institutions of higher education could incur for faculty, supplies, and other associated costs. (F) Of the foregoing appropriation item 200-536, Ohio Core Support, up to $16,800,000 in fiscal year 2007 shall be used to fund grants under the Ohio Core Grant Program. This program shall be administered by the Ohio Department of Education. Grant funds shall be used by eligible school districts to directly support Ohio Core purposes such as building teacher capacity, recruiting and retaining teachers in required disciplines, providing intervention services to students, and other related purposes. The grants shall be awarded by the Department to eligible school districts, as determined by the Department. The Department shall consult with the Partnership for Continued Learning in establishing processes and procedures to distribute funds to eligible school districts. The Department shall evaluate the effectiveness of the grant program. The General Assembly intends to fund the Ohio Core Grant Program from fiscal year 2008 through fiscal year 2012 at a minimum of $16,800,000 each fiscal year.
SECTION 6. That existing Section 6 of Sub. H.B. 115 of the 126th General Assembly is hereby repealed.
SECTION 7. Sections 5, 6, and 7 of this act are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections go into immediate effect when this act becomes law.
SECTION 8. (A) There is hereby established a public-private collaborative commission to issue recommendations for promoting greater incidence of student success in conjunction with the Ohio Core curriculum. The commission shall consist of the following members:
(1) A school district superintendent, appointed by the Governor;
(2) A business or civic leader, appointed by the Governor;
(3) Two public members, appointed by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives;
(4) Two public members, appointed by the President of the Senate in consultation with the Minority Leader of the Senate;
(5) One member, appointed by the Superintendent of Public Instruction;
(6) One member, appointed by the Chancellor of the Ohio Board of Regents.
(B) The school district superintendent and the business or civic leader appointed by the Governor shall be co-chairpersons of the commission.
(C) The commission's recommendations shall address methods of encouraging students and their families to develop a greater vision for their successful future in Ohio, including consideration of career opportunities afforded by pursuing higher education and the use of mentorships, internships, and other programs to provide guidance to students and their families toward pursuing higher education and career opportunities.
(D) The commission shall issue its recommendations by December 31, 2007. The recommendations shall be provided to the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, the chairpersons and ranking minority members of the committees that consider education in the House of Representatives and Senate, the State Board of Education, the Board of Regents, and the Partnership for Continued Learning.
SECTION 9. The amendment of sections 2151.011, 3313.48, 3313.533, 3313.62, and 3317.029, the repeal and reenactment of section 3313.481, and the repeal of section 3313.482 of the Revised Code by this act shall take effect July 1, 2007. Section 3317.01 of the Revised Code, as amended by this act, shall take effect July 1, 2008. SECTION 10. The amendments to sections 3313.48, 3313.533, 3313.62, 3317.01, and 3317.029; the repeal and reenactment of section 3313.481; and the repeal of section 3313.482 of the Revised Code made by this act do not apply to any collective bargaining agreement executed under Chapter 4117. of the Revised Code prior to the effective date of this section. Any collective bargaining agreement or renewal executed after that date shall comply with the changes provided for in this act. SECTION 11. Section 3313.603 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act. SECTION 12. 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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