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Am. Sub. H. B. No. 290 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Bubp, Pryor
Cosponsors:
Representatives Adams, J., Adams, R., Balderson, Blair, Burke, Daniels, Derickson, Domenick, Fende, Gardner, Grossman, Hackett, Huffman, Jordan, Lehner, Letson, Luckie, Maag, Martin, McGregor, Mecklenborg, Morgan, Murray, Okey, Pillich, Ruhl, Sears, Snitchler, Stebelton, Uecker, Wagner, Williams, B., Yuko, Driehaus, Garland, Gerberry, Harris, Lundy, Moran, Phillips, Weddington, Evans, Hite, Bacon, Boose, Brown, Carney, Combs, DeBose, Dyer, Goyal, Harwood, Mandel, McClain, Patten, Skindell, Slesnick, Winburn, Zehringer
Senators Cates, Schuring, Fedor, Buehrer, Cafaro, Carey, Coughlin, Gibbs, Gillmor, Grendell, Harris, Hughes, Morano, Niehaus, Patton, Sawyer, Schaffer, Schiavoni, Seitz, Stewart, Strahorn, Turner, Wagoner, Widener, Wilson, Husted, Jones, Miller, R., Faber, Kearney, Goodman, Smith
A BILL
To amend sections 3301.0714, 3306.51, 3306.53,
3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and
3314.35 and to enact sections 3301.94, 3306.59,
and 3333.0410 of the Revised Code to include
Junior ROTC as a permitted elective within the
Ohio Core curriculum, to permit schools to excuse
Junior ROTC students from high school physical
education, to clarify the conditions under which a
community school must close for poor academic
performance, to specify conditions under which
certain community schools may obtain new sponsors,
to permit the Department of Education and the
Chancellor of the Board of Regents to establish a
longitudinal student data system, to extend the
deadline for certain school districts to secure
voter approval of bonds and tax levies for the
districts' shares of state-assisted classroom
facilities projects, to make performance of the
Harmon Commission's duties contingent on the
availability of funding, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0714, 3306.51, 3306.53,
3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and 3314.35 be
amended and sections 3301.94, 3306.59, and 3333.0410 of the
Revised Code be enacted to read as follows:
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring of assessments administered under
section 3301.0711 of the Revised Code. The guidelines may require
school districts to provide the social security numbers of
individual staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code that is unique
on a statewide basis over time to each student whose initial Ohio
enrollment is in that district or school and to report all
required individual student data for that student utilizing such
code. The guidelines shall also provide for assigning data
verification codes to all students enrolled in districts or
community schools on the effective date of the guidelines
established under this section.
Individual student data shall be reported to the department
through the information technology centers utilizing the code but,
except as provided in sections 3310.11, 3310.42, 3313.978, and
3317.20 of the Revised Code, at no time shall the state board or
the department have access to information that would enable any
data verification code to be matched to personally identifiable
student data.
Each school district shall ensure that the data verification
code is included in the student's records reported to any
subsequent school district
or, community school, or state
institution of higher education, as defined in section 3345.011 of
the Revised Code, in which the student enrolls. Any such
subsequent district or school shall utilize the same identifier in
its reporting of data under this section.
The director of health shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving services under
division (A)(2) of section 3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.94. Upon approval of the state board of education,
the superintendent of public instruction and the chancellor of the
Ohio board of regents may enter into a memorandum of understanding
under which the department of education, on behalf of the
chancellor, will receive and maintain copies of data records
containing student information reported to the chancellor for the
purpose of combining those records with the data reported to the
education management information system established under section
3301.0714 of the Revised Code to establish an education data
repository that may be used to conduct longitudinal research and
evaluation. The memorandum of understanding shall specify the
following:
(A) That, prior to establishing the repository, the
superintendent and chancellor shall develop a strategic plan for
the repository that outlines the goals to be achieved from its
implementation and use. A copy of the strategic plan shall be
provided to the governor, the president of the senate, and the
speaker of the house of representatives.
(B) That the chancellor shall submit all student data to be
included in the repository to the independent contractor engaged
by the department to create and maintain the student data
verification codes required by division (D)(2) of section
3301.0714 of the Revised Code. For each student included in the
data submitted by the chancellor, the independent contractor shall
determine whether a data verification code has been assigned to
that student. In the case of a student to whom a data verification
code has been assigned, the independent contractor shall add the
code to the student's data record and remove from the data record
any information that would enable the data verification code to be
matched to personally identifiable student data. In the case of a
student to whom a data verification code has not been assigned,
the independent contractor shall assign a data verification code
to the student, add the data verification code to the student's
data record, and remove from the data record any information that
would enable the data verification code to be matched to
personally identifiable student data. After making the
modifications described in this division, the independent
contractor shall transmit the data to the department.
(C) That the superintendent and the chancellor jointly shall
develop procedures for the maintenance of the data in the
repository and shall designate the types of research that may be
conducted using that data. Permitted uses of the data shall
include, but are not limited to, the following:
(1) Assisting the department, superintendent, or state board
in performing audit and evaluation functions concerning preschool,
elementary, and secondary education as required or authorized by
any provision of law, including division (C) of section 3301.07
and sections 3301.12, 3301.16, 3301.53, 3301.57, 3301.58, and
3302.03 of the Revised Code;
(2) Assisting the chancellor in performing audit and
evaluation functions concerning higher education as required or
authorized by any provision of law, including sections 3333.04,
3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161,
3333.374, 3333.72, and 3333.82 of the Revised Code.
(D) That the superintendent and the chancellor, from time to
time, jointly may enter into written agreements with entities for
the use of data in the repository to conduct research and analysis
designed to evaluate the effectiveness of programs or services, to
measure progress against specific strategic planning goals, or for
any other purpose permitted by law that the superintendent and
chancellor consider necessary for the performance of their duties
under the Revised Code. The agreements may permit the disclosure
of personally identifiable student information to the entity named
in the agreement, provided that disclosure complies with the
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,
20 U.S.C. 1232g, as amended, and regulations promulgated under
that act prescribing requirements for such agreements. The
superintendent shall notify the state board of each agreement
entered into under this division.
(E) That the data in the repository submitted by the
department shall remain under the direct control of the department
and that the data in the repository submitted by the chancellor
shall remain under the direct control of the chancellor;
(F) That the data in the repository shall be managed in a
manner that complies with the "Family Educational Rights and
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;
(G) That all costs related to the initial establishment and
ongoing maintenance of the repository shall be paid from funds
received from state incentive grants awarded under division (A),
Title XIV, section 14006 of the American Recovery and Reinvestment
Act of 2009, other federal grant programs, or existing
appropriations of the department or chancellor that are designated
for a purpose consistent with this section;
(H) That the department annually shall report to the state
board and the chancellor all requests for access to or use of the
data in the repository and all costs related to the initial
establishment and ongoing maintenance of the repository.
Sec. 3306.51. The Harmon commission shall review and approve
or disapprove applications from city, exempted village, and local
school districts and community schools established under Chapter
3314. of the Revised Code for individual classrooms to be
designated as creative learning environments. To be eligible for
designation of one or more of its classrooms as a creative
learning environment, a community school shall enter into a
memorandum of understanding, approved by the department of
education, with one or more school districts that specifies a
collaborative agreement to share programming and resources to
promote successful academic achievement for students and academic
and fiscal efficiencies.
The commission shall designate a classroom as a creative
learning environment if the commission determines that the
classroom supports and emphasizes innovation in instruction
methods and lesson plans and operates in accordance with the
guidelines adopted by the state board of education under section
3306.52 of the Revised Code. Beginning July 1, 2010, a A district
or community school that has a classroom that is designated a
creative learning environment may qualify for a grant or subsidy
awarded by the commission under section 3306.58 of the Revised
Code.
Sec. 3306.53. From January 1, 2010, through April 14, 2010,
The superintendent of public instruction shall establish an
application period during which a city, exempted village, or local
school district and a community school may submit to the Harmon
commission an unlimited number of applications for first-time
designation of individual classrooms as creative learning
environments. No applications may be submitted between April 15,
2010, and July 1, 2010. After July 1, 2010 After that application
period, each city, exempted village, or local school district and
each eligible community school may submit only one application per
fiscal year for first-time designation of one classroom as a
creative learning environment.
Sec. 3306.54. Not later than the first day of May each year
Following the end of the initial application period established
under section 3306.53 of the Revised Code, the Harmon commission
shall begin meeting meet to review pending applications for
first-time designations submitted under that section
3306.53 of
the Revised Code. The commission shall approve or disapprove all
pending applications by the first day of July not later than two
months after the end of the application period. The decision of
the commission is final.
Sec. 3306.55. (A) The Harmon commission's first-time
designation of a classroom as a creative learning environment is
valid for one the first full fiscal year following approval of the
application under section 3306.54 of the Revised Code. A school
district or community school may apply to have the designation
renewed. The commission shall renew the designation for the next
two fiscal years if the school district or community school
applies for the renewal and the commission finds that the
classroom continues to meet the guidelines adopted under section
3306.52 of the Revised Code. The commission shall not renew the
designation if the school district or community school does not
apply for renewal or if the commission determines that the
classroom no longer meets those guidelines.
(B) At the end of a two-year renewal granted under division
(A) of this section, and every two fiscal years thereafter, the
designation of a classroom as a creative learning environment is
automatically renewed, without need for application, for the next
two fiscal years, unless the designation is revoked under division
(C) of this section.
(C) If the department of education at any time finds that the
classroom is no longer operating in accordance with the standards
adopted under section 3306.52 of the Revised Code, the department
shall appeal the designation to the commission not later than the
fifteenth day of February. The commission shall review the
operation of the classroom and either continue the designation or
revoke the designation. A revocation shall take effect on the
first day of July following the department's appeal.
(D) The decision of the commission under divisions (A) to (C)
of this section is final.
(E) If the commission does not renew a designation of a
classroom under division (A) of this section or revokes that
designation under division (C) of this section, the district or
community school may reapply for designation of the classroom
under section 3306.53 of the Revised Code. That application shall
be treated as a new application for first-time designation.
Sec. 3306.58. Beginning July 1, 2010, to To the extent the
Harmon commission determines that sufficient funds are available,
the commission may award grants or stipends to school districts
and community schools that have one or more of their classrooms
designated as creative learning environments under section 3306.51
of the Revised Code. The commission shall adopt procedures for
application for and the award of grants or stipends under this
section.
Sec. 3306.59. Sections 3306.50 to 3306.58 of the Revised
Code shall be implemented unless the general assembly does not
appropriate funds to perform the duties prescribed by those
sections or the superintendent of public instruction determines
that sufficient funds are not available for that purpose.
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) Life sciences, 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
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
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,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, 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 and the chancellor of the Ohio board of regents
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 department of education, in collaboration with the
the
chancellor of 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 department 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 assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division (E)(6) of section 3301.0712 of the Revised Code,
division (B)(2) of that section.
(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. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and 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.
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 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
chancellor of the Ohio board of regents, 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 or in the junior reserve officer training
corps for at least two full school years. 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.
In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
Sec. 3314.028. (A) Notwithstanding any provision of this
chapter to the contrary, beginning in the 2009-2010 school year, a
community school that meets the following conditions may operate
from the facility in which the school was located in the 2008-2009
school year and shall not be required to locate to another school
district:
(A)(1) The school was located in the facility for at least
the three school years prior to the 2009-2010 school year.
(B)(2) The school's sponsor is a school district that is
adjacent to the school district in which the school is located.
(C)(3) The school's education program emphasizes serving
students identified as gifted under Chapter 3324. of the Revised
Code.
(D)(4) The school has been rated in need of continuous
improvement or higher under section 3302.03 of the Revised Code
for the previous three school years.
(B) Notwithstanding any provision of this chapter to the
contrary, a community school described in division (A) of this
section may operate as a conversion school.
(C) Notwithstanding any provision of this chapter to the
contrary, in accordance with section 3314.03 of the Revised Code,
the governing authority of a community school described in
division (A) of this section may enter into a contract for the
2010-2011 school year and later with a different sponsor that is
one of the following entities, provided the school was rated in
need of continuous improvement or better under section 3302.03 of
the Revised Code for the 2008-2009 school year and the sponsor
described in division (A)(2) of this section approves the change
in sponsorship:
(1) The board of education of a city, exempted village,
local, or joint vocational school district;
(2) The governing board of an educational service center;
(3) A sponsoring authority designated by the board of
trustees of a state university listed in section 3345.011 of the
Revised Code or the board of trustees itself.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008, but before
July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(3) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
(D) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(2) of this section. The
department shall reevaluate each community school that the
department directed to close at the conclusion of the 2009-2010
school year to determine if the school still meets the criteria
prescribed by division (A)(2) of this section when the school's
performance ratings for its first two years of operation are not
considered and, if the school no longer meets those criteria, the
department shall not require the school to close at the conclusion
of that school year.
Sec. 3333.0410. The chancellor of the Ohio board of regents
shall require each state institution of higher education, as
defined in section 3345.011 of the Revised Code, when reporting
student data to the chancellor under any provision of law, to use
the student's data verification code assigned under division
(D)(2) of section 3301.0714 of the Revised Code, if that code was
included in the student's records submitted to the institution by
the student's high school or by another state institution of
higher education.
Section 2. That existing sections 3301.0714, 3306.51,
3306.53, 3306.54, 3306.55, 3306.58, 3313.603, 3314.028, and
3314.35 of the Revised Code are hereby repealed.
Section 3. (A) This section applies to any school district
for which the following conditions are satisfied:
(1) In 2009, the Ohio School Facilities Commission allocated
to the district a share of qualified school construction bonds
under Division B, Title I, Subtitle F, Part III, Section 1521 of
the American Recovery and Reinvestment Act of 2009, 26 U.S.C. 54F,
in the group of districts designated by the Commission as "Pool
B."
(2) The district is undertaking a classroom facilities
project under sections 3318.01 to 3318.20 of the Revised Code,
which project was conditionally approved by the Commission between
July 1, 2008, and July 31, 2009.
(3) The district requested approval for the issuance of bonds
and related tax levies to pay the district's portion of the cost
of the project described in division (A)(2) of this section in a
question submitted to the district's electors at an election held
on November 3, 2009, and the electors disapproved the issuance of
those bonds and the related tax levies by a margin of less than
three per cent of the total votes cast on that question.
(B) Notwithstanding anything to the contrary in section
3318.05 of the Revised Code, and notwithstanding Section 385.70 of
Am. Sub. H.B. 1 of the 128th General Assembly, for each school
district to which this section applies and whose project was
conditionally approved in July 2008, the conditional approval of
the district's project described in division (A)(2) of this
section shall lapse and the amount reserved and encumbered for the
project shall be released on June 30, 2010, unless the district
electors prior to that date approve the issuance of bonds and the
related tax levies to pay the district's portion of the cost of
the district's project. If the project lapses under Section 385.70
of Am. Sub. H.B. 1 of the 128th General Assembly prior to the
effective date of this section, the Commission shall treat that
project as if it had not lapsed. Thereafter, the project shall be
subject to the lapse provision prescribed in this division.
(C) Notwithstanding anything to the contrary in section
3318.05 of the Revised Code, for each school district to which
this section applies and whose project was conditionally approved
between August 1, 2008, and July 31, 2009, the conditional
approval of the district's project described in division (A)(2) of
this section shall lapse and the amount reserved and encumbered
for the project shall be released on December 31, 2010, unless the
district electors prior to that date approve the issuance of bonds
and the related tax levies to pay the district's portion of the
cost of the district's project. If the project lapses under
section 3318.05 of the Revised Code prior to the effective date of
this section, the Commission shall treat that project as if it had
not lapsed. Thereafter, the project shall be subject to the lapse
provision prescribed in this division.
(D) If the conditional approval for a district's project
under sections 3318.01 to 3318.20 of the Revised Code lapses and
the amount reserved and encumbered for the project is released on
the applicable date prescribed by this section, after that date,
the district shall be given first priority for project funding as
such funding becomes available in accordance with section 3318.05
of the Revised Code.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
provide school districts using federally qualified school
construction bonds additional time to secure voter approval for
state-assisted classroom facilities projects without an
intervening lapse of project conditional approval. Therefore, this
act shall go into immediate effect.
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