The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 190 As Reported by the House Education CommitteeAs Reported by the House Education Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Bubp, Wagner, McGregor, J., Combs, Adams, Goodwin, Wagoner, Stebelton, Webster, Letson, Hottinger, Peterson, Latta, Huffman, Otterman, Okey, Setzer, Dyer, Patton, Lundy, Luckie, Garrison, Evans, Celeste, Heard, Collier, Schlichter, Brady
A BILL
To amend sections 3301.0710 and 3301.0711 of the
Revised Code to specify administration dates for
the elementary achievement tests.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0710 and 3301.0711 of the
Revised Code be amended to read as follows:
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
achievement. The state board shall
ensure that all tests
administered under the testing program are
aligned with the
academic standards and model curricula adopted by
the state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
pursuant to section 3301.079 of
the Revised Code.
The testing program shall be designed to ensure that students
who receive
a high school diploma demonstrate at least high
school
levels of
achievement in reading, writing,
mathematics,
science,
and
social studies.
(A)(1)
The state board shall prescribe all of the
following:
(a) Two statewide achievement tests, one each designed to
measure the
level of reading and mathematics skill expected at the
end of third grade;
(b) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the
end of fourth grade;
(c) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social
studies skill expected at
the end of fifth grade;
(d) Two statewide achievement tests, one each designed to
measure the level of reading and mathematics skill expected at the
end of sixth grade;
(e) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the end of seventh grade;
(f) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social
studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
five ranges of scores on each of the achievement tests described
in divisions (A)(1) and (B) of this section. Each range of scores
shall be
deemed to demonstrate a level of achievement so that any
student
attaining a score within such range has achieved one of
the
following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing,
mathematics, science, and
social
studies skill expected
at the end
of tenth
grade. The state board shall designate a score in at
least the range designated under division (A)(2)(c) of this
section on each such test that shall be deemed to be a passing
score on the test as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this
division that is specified
in the agreement.
(C) Except as provided in division (H) of this section, the
state board shall annually designate as follows
the
dates on which
the tests prescribed under this section shall
be
administered:
(1) For the reading test prescribed under division
(A)(1)(a)
of this
section, as follows:
(a)
One date prior to the thirty-first day of
December each
school
year;
(b) At least one date of each school year that is not
earlier
than Monday of the week containing the first twenty-fourth day of
May April.
(2) For the mathematics test prescribed under division
(A)(1)(a) of this section and the tests prescribed under
divisions
(A)(1)(b),
(c), (d), (e), and (f)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
first twenty-fourth day of May April;
(3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the state board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code or federal law.
(F) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B) of this
section that is of comparable length to the actual test.
(G) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the tests
described by this section shall inform the state board of the
probable percentage of students who would score in each of the
ranges established under division (A)(2) of this section on the
tests if the committee's recommendations are adopted by the state
board. To the extent possible, these percentages shall be
disaggregated by gender, major racial and ethnic groups, limited
English proficient students, economically disadvantaged students,
students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate test scores based upon the recommendations of
the task force.
(H)(1) The state board shall require any alternate assessment
administered to a student under division (C)(1) of section
3301.0711 of the Revised Code to be completed and submitted to the
entity with which the department contracts for the scoring of the
test not later than the first day of April of the school year in
which the test is administered.
(2) For any test prescribed by this section, the state board
may designate a date one week earlier than the applicable date
designated under division (C) of this section for the
administration of the test to limited English proficient students.
(3) In designating days for the administration of the tests
prescribed by division (A) of this section, the state board shall
require the tests for each grade level to be administered on
consecutive days over a period of two weeks.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test
administered pursuant to division (B)(10) of this section. Each
test so furnished shall include the data verification code of the
student to whom the test will be administered, as assigned
pursuant to division (D)(2) of section 3301.0714 of the Revised
Code. In furnishing the practice versions of Ohio graduation tests
prescribed by division (F) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading tests, the
department shall give preference to Ohio-based
entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the reading test prescribed under division
(A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually
to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code.
(2) Administer the mathematics test prescribed under division
(A)(1)(a) of section 3301.0710 of the Revised Code at least once
annually to all students in the third grade.
(3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to
all students in the fourth grade.
(4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(5) Administer the tests prescribed under division (A)(1)(d)
of section 3301.0710 of the Revised Code at least once annually to
all students in the sixth grade.
(6) Administer
the tests prescribed under division
(A)(1)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade.
(7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(8) Except as provided in division (B)(9) of this
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade
who have not yet attained the score on that test designated
under
that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any
student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an
academic watch or in a state of academic emergency pursuant to
section 3302.03 of the Revised Code or has a three-year average
graduation rate of not more than seventy-five per cent, administer
each test prescribed by division (F) of section 3301.0710 of the
Revised Code in September to all ninth grade students, beginning
in the school year that starts July 1, 2005.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section
if the individualized education program developed for the
student
pursuant to section 3323.08 of the Revised Code excuses
the
student from taking that test
and
instead specifies an
alternate
assessment method approved by the
department of
education as
conforming to requirements of federal
law for receipt
of federal
funds for disadvantaged pupils. To the
extent
possible, the
individualized education program shall not
excuse
the student from
taking a test unless no reasonable
accommodation
can be made to
enable the student to take the test.
(b) Any alternate assessment approved by the department
for
a
student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised
Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who
has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "limited English proficient
student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular test required to be
administered under this section, except that any limited English
proficient student who has been enrolled in United States schools
for less than one full school year shall not be required to take
any such reading or writing test. However, no board shall prohibit
a limited English proficient student who is not required to take a
test under this division from taking the test. A board may permit
any limited English proficient student to take any test required
to be administered under this section with appropriate
accommodations, as determined by the department. For each limited
English proficient student, each
school district shall annually
assess that student's progress
in learning
English, in accordance
with procedures approved by the
department.
The
governing authority of a
chartered
nonpublic school may
excuse a limited English proficient student from taking any test
administered under this section. However, no governing authority
shall prohibit
a limited English proficient student
from
taking
the test.
(D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2),
or (B) of
section
3301.0710 of the Revised Code as it existed
prior to
September 11, 2001, are administered to any
student,
the
board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on
the test.
(2) Following any administration of the tests prescribed by
division (F) of section 3301.0710 of the Revised Code to ninth
grade students, each school district that has a three-year average
graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school
shall be required to provide intervention services to any students
who took the tests. In determining which high schools shall
provide intervention services based on the resources available,
the district shall consider each school's graduation rate and
scores on the practice tests. The district also shall consider the
scores received by ninth grade students on the reading and
mathematics tests prescribed under division (A)(1)(f) of section
3301.0710 of the Revised Code in the eighth grade in determining
which high schools shall provide intervention services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose test results indicate that the student is failing to
make satisfactory progress toward being able to attain scores at
the proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's test performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who is not exempt from the
requirement to take the test under division (C)(3) of this
section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G)(1) Each school district board shall submit designate one
location for the collection of tests administered in the spring
under division (B)(1) of this section and the tests administered
under divisions (B)(2) to (7) of this section. Each district board
shall submit the tests to the entity with which the department
contracts for the scoring of the tests as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the tests are have been administered, except that;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the tests have been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the tests have been administered.
However, any such test that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the test.
(2)
The
department or an entity with which the department
contracts for the scoring of the test shall send to each school
district board a list of the
individual test scores of all persons
taking any test prescribed by division (A)(1) or (B) of section
3301.0710 of the Revised Code within sixty days after its
administration, but in no case shall the scores be returned later
than the fifteenth day of June following the administration. For
any
tests administered under this section by a joint vocational
school
district, the department or entity shall also send to each
city, local, or
exempted village school district a list of the
individual test
scores of any students of such city, local, or
exempted village
school district who are attending school in the
joint vocational
school district.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department or an entity with which the department contracts for
the scoring of the test shall not release any individual test
scores on
any
test administered under this section. The state
board of education shall adopt rules to
ensure the protection of
student confidentiality at all times. The rules may require the
use of the data verification codes assigned to students pursuant
to division (D)(2) of section 3301.0714 of the Revised Code to
protect the confidentiality of student test scores.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing
to the
superintendent of public instruction prior to the
first day
of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code
to any
chartered nonpublic school electing to participate under
this
division.
(L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least
the basic range on the mathematics test described by division
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of
the
tests
described by division
(A)(1)(b), (c), (d), (e), or (f)
of
section 3301.0710 of the
Revised
Code
as a factor in retaining
that student in the current
grade
level.
(N)(1) In the manner specified in divisions (N)(3) to (5) of
this section, the
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions
on tests to ensure that different versions of the same test are of
comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing
test scores for
individual students. Field
test questions and anchor questions may be
included
as part of the
administration of any
test
required by
section
3301.0710 of the
Revised Code.
(3) Any field test question or anchor question administered
under division
(N)(2) of
this section shall not be a public
record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record
pursuant to division (N)(1) of
this
section.
(4) This division applies to the tests prescribed by division
(A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in
section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less
than forty per cent of the questions on the test that are used to
compute a student's score shall be a public record. The department
shall determine which questions will be needed for reuse on a
future test and those questions shall not be public records and
shall be redacted from the test prior to its release as a public
record.
(5) Each test prescribed by division (B) of section 3301.0710
of the Revised Code that is administered in the spring shall be a
public record. Each test prescribed by that division that is
administered in the fall or summer shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
Section 2. That existing sections 3301.0710 and 3301.0711 of
the Revised Code are hereby repealed.
|