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.
|
Sub. S. B. No. 180 As Reported by the Senate Education CommitteeAs Reported by the Senate Education Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Goodman, Wagoner, Harris, Jones, Schaffer, Cates
A BILL
To amend sections 3301.0714, 3314.013, 3314.014,
3314.016, 3314.02, 3314.021, 3314.03, 3314.05,
3319.22, 3319.223, and 3319.61 and to enact
sections 3301.94, 3319.227, and 3333.0410 of the
Revised Code to allow new Internet- or
computer-based community schools to open under
certain conditions, to permit the Department of
Education and the Chancellor of the Board of
Regents to establish a longitudinal student data
system, to require the use of student performance
data in evaluating teachers and principals for
licensure, and to qualify Teach for America
participants for a professional educator license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0714, 3314.013, 3314.014,
3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223,
and 3319.61 be amended and sections 3301.94, 3319.227, 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. 3314.013. (A)(1) Until July 1, 2000, no more than
seventy-five contracts between start-up schools and the state
board of education may be in effect outside the pilot project area
at any time under this chapter.
(2) After July 1, 2000, and until July 1, 2001, no more than
one hundred twenty-five contracts between start-up schools and the
state board of education may be in effect outside the pilot
project area at any time under this chapter.
(3) This division applies only to contracts between start-up
schools and the state board of education and contracts between
start-up schools and entities described in divisions (C)(1)(b) to
(f) of section 3314.02 of the Revised Code.
Until July 1, 2005, not more than two hundred twenty-five
contracts to which this division applies may be in effect at any
time under this chapter.
(4) This division applies only to contracts between start-up
schools and entities described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code.
Except as otherwise provided in section 3314.014 of the
Revised Code, after July 1, 2005, and until July 1, 2007, the
number of contracts to which this division applies in effect at
any time under this chapter shall be not more than thirty plus the
number of such contracts with schools that were open for operation
as of May 1, 2005.
(5) This division applies only to contracts between a
conversion school that is an internet- or computer-based community
school or a start-up school and the board of education of the
school district in which the school is or is proposed to be
located.
Except as otherwise provided in section 3314.014 of the
Revised Code, until July 1, 2007, the number of contracts to which
this division applies in effect at any time under this chapter
shall be not more than thirty plus the number of such contracts
with schools that were open for operation as of May 1, 2005.
(6) Until Except as otherwise provided in division (B) of
this section, until the effective date of any standards enacted by
the general assembly governing the operation of internet- or
computer-based community schools, no internet- or computer-based
community school shall operate unless the school was open for
instruction as of May 1, 2005. No entity described in division
(C)(1) of section 3314.02 of the Revised Code shall enter into a
contract to sponsor an internet- or computer-based community
school, including a conversion school, between May 1, 2005, and
the effective date of any standards enacted by the general
assembly governing the operation of internet- or computer-based
community schools, except as follows:
(a) Any (1) The entity described in division (C)(1) of that
section may renew a contract that the entity entered into with an
internet- or computer-based community school prior to May 1, 2005,
if the school was open for operation as of that date.
(b) Any (2) The entity described in divisions (C)(1)(a) to
(e) of that section may assume sponsorship of an existing
internet- or computer-based community school that was formerly
sponsored by another entity and may enter into a contract with
that community school in accordance with section 3314.03 of the
Revised Code.
(c) Any entity described in division (C)(1)(f) of that
section may assume sponsorship of an existing internet- or
computer-based community school in accordance with division (A)(7)
of this section and may enter into a contract with that community
school in accordance with section 3314.03 of the Revised Code.
If a sponsor entered into a contract with an internet- or
computer-based community school, including a conversion school,
but the school was not open for operation as of May 1, 2005, the
contract shall be void and, except as otherwise provided in
division (B) of this section, the entity shall not enter into
another contract with the school until the effective date of any
standards enacted by the general assembly governing the operation
of internet- or computer-based community schools.
(7) Until July 1, 2005, any entity described in division
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only
a community school that formerly was sponsored by the state board
of education under division (C)(1)(d) of that section, as it
existed prior to April 8, 2003. After July 1, 2005, any such
entity may assume sponsorship of any existing community school,
and may sponsor any new community school that is not an internet-
or computer-based community school. Beginning on the effective
date of any standards enacted by the general assembly governing
the operation of internet- or computer-based community schools,
any such entity may sponsor a new internet- or computer-based
community school.
(8)(B) For each community school that an entity sponsors
that, on or after September 1, 2009, has a rating of in need of
continuous improvement or higher under section 3302.03 of the
Revised Code, the sponsor may enter into a contract to sponsor a
new internet- or computer-based community school, including a
conversion school, in accordance with section 3314.03 of the
Revised Code. Each new start-up school with which the sponsor
enters into a contract under this division shall comply with
division (A) of section 3314.016 of the Revised Code.
(C) Nothing in division (A) of this section prohibits a an
internet- or computer-based community school from increasing the
number of grade levels it offers.
(B)(D) Within twenty-four hours of a request by any person,
the superintendent of public instruction shall indicate the number
of preliminary agreements for start-up schools currently
outstanding and the number of contracts for these schools in
effect at the time of the request.
(C) It is the intent of the general assembly to consider
whether to provide limitations on the number of start-up community
schools after July 1, 2001, following its examination of the
results of the studies by the legislative office of education
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.
No. 770 of the 122nd general assembly.
Sec. 3314.014. (A) As used in this chapter, "operator" means
either of the following:
(1)(A) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(2)(B) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B)(1) Notwithstanding the limit prescribed by division
(A)(4) of section 3314.013 of the Revised Code, a start-up school
sponsored by an entity described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code may be established after the
date that limit is reached, provided the school's governing
authority enters into a contract with an operator permitted to
manage the school under division (C) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5)
of section 3314.013 of the Revised Code, a conversion school that
is an internet- or computer-based community school or a start-up
school sponsored by the school district in which the school is or
is proposed to be located may be established after the date that
limit is reached, provided the school's governing authority enters
into a contract with an operator permitted to manage the school
under division (C) of this section. However, a conversion school
that is an internet- or computer-based community school may be
established after that date only if the prohibition prescribed by
division (A)(6) of section 3314.013 of the Revised Code is no
longer in effect.
(C) An operator may enter into contracts with the governing
authorities of community schools established after the date the
limit prescribed by division (A)(4) or (5) of section 3314.013 of
the Revised Code, as applicable, is reached, provided the total
number of schools for which the operator enters into such
contracts, excluding conversion schools that are not internet- or
computer-based community schools, does not exceed the number of
community schools managed by the operator in Ohio or other states
on the applicable date that are rated excellent, effective, or in
need of continuous improvement pursuant to section 3302.03 of the
Revised Code or perform comparably to schools so rated, as
determined by the department of education.
(D) Notwithstanding the limit prescribed by division (A)(4)
of section 3314.013 of the Revised Code, after the date the limit
prescribed in that division is reached, the governing authority of
a start-up school sponsored by an entity described in divisions
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may
establish one additional school serving the same grade levels and
providing the same educational program as the current start-up
school and may open that additional school in the 2006-2007 school
year, if both of the following conditions are met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
Sec. 3314.016. (A) After June 30, 2007, a The governing
authority of each new start-up school may be established under
this chapter only if the school's governing authority enters
after June 30, 2007, shall enter into a contract with an operator
that manages other schools in the United States that perform at a
level higher than academic watch. The governing authority of the
community school may sign a contract with an operator only if the
operator has fewer contracts with the governing authorities of new
start-up schools established under this chapter after June 30,
2007, than the number of schools managed by the operator in the
United States that perform at a level higher than academic watch,
as determined by the department of education. However, the
governing authority shall not contract with an operator that
currently manages any community schools in Ohio for which the
department issues annual report cards under section 3314.012 of
the Revised Code, unless the latest report card issued for at
least one of those schools designates a performance rating under
section 3302.03 of the Revised Code of in need of continuous
improvement or higher.
(B) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by an entity
described in divisions (C)(1)(b) to (f) of section 3314.02 of the
Revised Code may establish one additional school serving the same
grade levels and providing the same educational program as the
current start-up school and may open that additional school in the
2007-2008 school year, if both of the following conditions are
met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
(C) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by the big
eight school district in which the school is located may establish
one additional start-up school that is located in the same school
district and that provides a general educational program to
students in any or all of grades kindergarten through five to
facilitate their transition to the current start-up school, and
may open the additional start-up school in the 2009-2010 school
year, if both of the following conditions are met:
(1) The governing authority enters into another contract with
the same sponsor and files a copy of the contract with the
superintendent of public instruction prior to March 15, 2009.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school provided instruction to students for eleven
months in the previous school year.
(b) The school has been in operation for at least two school
years.
(c) The school qualified to be rated in need of continuous
improvement or higher pursuant to section 3302.03 of the Revised
Code for its first school year of operation, even though the
department of education did not issue a report card for the school
for that school year.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means an entity listed in division (C)(1) of
this section, which has been approved by the department of
education to sponsor community schools and with which the
governing authority of the proposed community school enters into a
contract pursuant to this section.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code;
(c) A big eight school district.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. A proposing person or group that
has a preliminary agreement under this division may proceed to
finalize plans for the school, establish a governing authority for
the school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department of education under
division (B)(2) of section 3314.015 of the Revised Code will be
the practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district while that district is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code may continue in existence once the school
district is no longer in a state of academic emergency or academic
watch, provided there is a valid contract between the school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013,
3314.014, 3314.016, and
3314.017 of the Revised Code, an unlimited number of community
schools may be established in any school district provided that a
contract is entered into for each community school pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any nonprofit or for-profit operator of
a community school, unless at least one year has elapsed since the
conclusion of the person's membership.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school unless the school is
located in a county within the territory of the service center or
in a county contiguous to such county.
Sec. 3314.021. (A) This section applies to any entity that is
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code and that satisfies the conditions specified in
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the
Revised Code but does not satisfy the condition specified in
division (C)(1)(f)(i) of that section.
(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02
of the Revised Code, an entity described in division (A) of this
section may do both of the following without obtaining the
department of education's initial approval of its sponsorship
under divisions (A)(2) and (B)(1) of section 3314.015 of the
Revised Code:
(1) Succeed the board of trustees of a state university
located in the pilot project area or that board's designee as the
sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with the
terms of the contract between the board of trustees or its
designee and the governing authority of the community school and
renew that contract as provided in division (E) of section 3314.03
of the Revised Code.
(C) The entity that succeeds the board of trustees or the
board's designee as sponsor of a community school under division
(B) of this section also may enter into contracts to sponsor other
community schools located in any challenged school district,
without obtaining the department's initial approval of its
sponsorship of those schools under divisions (A)(2) and (B)(1) of
section 3314.015 of the Revised Code, and not subject to the
restriction of division (A)(7) of section 3314.013 of the Revised
Code, as long as the contracts conform with and the entity
complies with all other requirements of this chapter.
(D) Regardless of the entity's authority to sponsor community
schools without the initial approval of the department, the entity
is under the continuing oversight of the department in accordance
with rules adopted under section 3314.015 of the Revised Code.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,
3313.718, 3313.719, 3313.80, 3313.86, 3313.96, 3319.073, 3319.321,
3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,
3321.14,
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52,
and 5705.391 and Chapters 117., 1347., 2744., 3365.,
3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if
it were
a school district and will comply with section 3301.0714
of the
Revised Code in the manner specified in section 3314.17 of the
Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all
or any specified group of employees provided the delegation is
not prohibited by a collective bargaining agreement applicable to
such employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.05. (A) The contract between the community school
and the sponsor shall specify the facilities to be used for the
community school and the method of acquisition. Except as provided
in division (B)(3) of this section, no community school shall be
established in more than one school district under the same
contract.
(B) Division (B) of this section shall not apply to internet-
or computer-based community schools.
(1) A community school may be located in multiple facilities
under the same contract only if the limitations on availability of
space prohibit serving all the grade levels specified in the
contract in a single facility or division (B)(2) or (3) of this
section applies to the school. The school shall not offer the same
grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as all of the following apply:
(a) The governing authority of the community school filed a
copy of its contract with the school's sponsor under section
3314.03 of the Revised Code with the superintendent of public
instruction on or before May 15, 2008.
(b) The school was not open for operation prior to July 1,
2008.
(c) The governing authority has entered into and maintains a
contract with an operator of the type described in division
(A)(2)(B) of section 3314.014 of the Revised Code.
(d) The contract with that operator qualified the school to
be established pursuant to division (A) of section 3314.016 of the
Revised Code.
(e) The school's rating under section 3302.03 of the Revised
Code does not fall below "in need of continuous improvement" for
two or more consecutive years.
(3) A new start-up community school may be established in two
school districts under the same contract if all of the following
apply:
(a) At least one of the school districts in which the school
is established is a challenged school district;
(b) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level classrooms
in both facilities; and
(c) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as measured
by school bus.
In the case of a community school to which division (B)(3) of
this section applies, if only one of the school districts in which
the school is established is a challenged school district, that
district shall be considered the school's primary location and the
district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter. If both of the school districts in which the school
is established are challenged school districts, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of those divisions and all
other purposes of this chapter and shall notify the department of
education of that designation.
(4) Any facility used for a community school shall meet all
health and safety standards established by law for school
buildings.
(C) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service center, the facility may not be used for such community
school unless the district or service center board owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms
and conditions agreed to by the district or service center board
and the school.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years, except that the state board, on a case-by-case basis,
may extend the license's duration as necessary to enable the
license holder to complete the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories, types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code;
(c) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code;
(d) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code;
(e) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
The rules adopted under this section
for obtaining a principal license shall require that an applicant,
as a condition of qualifying for the license, demonstrate that
students in the applicant's classroom have achieved the applicable
value-added measure specified in division (D) of this section, if
the applicant is a classroom teacher seeking issuance of a new
principal license, or that students in the applicant's building
have achieved the applicable value-added measure specified in that
division, if the applicant is a principal seeking renewal of a
principal license.
(D) For the purpose of evaluating applicants for teacher and
principal licenses under divisions (B) and (C) of this section,
the state board shall use the following value-added measure:
(1) For teachers who provide instruction to students in
reading or mathematics in any of grades four to eight, one
standard year of academic growth for the applicable grade level,
as determined by the department of education in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code, in each of those subject areas in which the teacher
provides instruction;
(2) For teachers who provide instruction in a course for
which an end-of-course examination has been selected under section
3301.0712 of the Revised Code, a standardized measure of
improvement in student achievement designated by the
superintendent of public instruction as applied to performance on
that examination by students enrolled in the teacher's course. If
a teacher provides instruction in more than one course for which
an end-of-course examination has been selected, the measure shall
account for student performance on each end-of-course examination
administered in a course taught by the teacher.
(3) For teachers to whom divisions (D)(1) and (2) of this
section do not apply, a value-added measure designated by the
superintendent of public instruction;
(4) For principals of schools in which a majority of the
grades offered are in the range from grade four to grade eight,
one standard year of academic growth in reading and mathematics
for each such grade level offered by the school, as determined by
the department in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code;
(5) For principals of schools in which a majority of the
grades offered are in the range from grade nine to grade twelve, a
standardized measure of improvement in student achievement
designated by the superintendent of public instruction as applied
to student performance on all end-of-course examinations selected
under section 3301.0712 of the Revised Code that are administered
by the school;
(6) For principals to whom divisions (D)(4) and (5) of this
section do not apply, a value-added measure designated by the
superintendent of public instruction.
(E) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E)(F) Any rules the state board of education adopts, amends,
or rescinds for educator licenses under this section, division (D)
of section 3301.07 of the Revised Code, or any other law shall be
adopted, amended, or rescinded under Chapter 119. of the Revised
Code except as follows:
(1) Notwithstanding division (D) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, in the case
of the adoption of any rule or the amendment or rescission of any
rule that necessitates institutions' offering preparation programs
for educators and other school personnel that are approved by the
chancellor of the Ohio board of regents under section 3333.048 of
the Revised Code to revise the curriculum of those programs, the
effective date shall not be as prescribed in division (D) of
section 119.03 and division (A)(1) of section 119.04 of the
Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date
prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind
emergency rules in division (F) of section 119.03 of the Revised
Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses.
(F)(G)(1) The rules adopted under this section establishing
standards requiring additional coursework for the renewal of any
educator license shall require a school district and a chartered
nonpublic school to establish local professional development
committees. In a nonpublic school, the chief administrative
officer shall establish the committees in any manner acceptable to
such officer. The committees established under this division shall
determine whether coursework that a district or chartered
nonpublic school teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules shall establish a
procedure by which a teacher may appeal the decision of a local
professional development committee.
(2) In any school district in which there is no exclusive
representative established under Chapter 4117. of the Revised
Code, the professional development committees shall be established
as described in division (F)(G)(2) of this section.
Not later than the effective date of the rules adopted under
this section, the board of education of each school district shall
establish the structure for one or more local professional
development committees to be operated by such school district. The
committee structure so established by a district board shall
remain in effect unless within thirty days prior to an anniversary
of the date upon which the current committee structure was
established, the board provides notice to all affected district
employees that the committee structure is to be modified.
Professional development committees may have a district-level or
building-level scope of operations, and may be established with
regard to particular grade or age levels for which an educator
license is designated.
Each professional development committee shall consist of at
least three classroom teachers employed by the district, one
principal employed by the district, and one other employee of the
district appointed by the district superintendent. For committees
with a building-level scope, the teacher and principal members
shall be assigned to that building, and the teacher members shall
be elected by majority vote of the classroom teachers assigned to
that building. For committees with a district-level scope, the
teacher members shall be elected by majority vote of the classroom
teachers of the district, and the principal member shall be
elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district,
in which case the one or two principals employed shall serve on
the committee. If a committee has a particular grade or age level
scope, the teacher members shall be licensed to teach such grade
or age levels, and shall be elected by majority vote of the
classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development committee, except in the case of vacancies among the
elected classroom teacher members, which shall be filled by vote
of the remaining members of the committee so selected.
Terms of office on professional development committees shall
be prescribed by the district board establishing the committees.
The conduct of elections for members of professional development
committees shall be prescribed by the district board establishing
the committees. A professional development committee may include
additional members, except that the majority of members on each
such committee shall be classroom teachers employed by the
district. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election and appointment of all committee members,
shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall
select a chairperson and such other officers the committee deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon the filing of a petition with the district
superintendent signed by a majority of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has been established pursuant to Chapter 4117. of
the Revised Code, professional development committees shall be
established in accordance with any collective bargaining agreement
in effect in the district that includes provisions for such
committees.
If the collective bargaining agreement does not specify a
different method for the selection of teacher members of the
committees, the exclusive representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure for the committees, the board of education of
the school district shall establish the structure, including the
number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to
be part of each committee; whether the scope of the committees
will be district levels, building levels, or by type of grade or
age levels for which educator licenses are designated; the lengths
of terms for members; the manner of filling vacancies on the
committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(G)(4) of
this section, there shall be a majority of teacher members of any
professional development committee, there shall be at least five
total members of any professional development committee, and the
exclusive representative shall designate replacement members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such replacements.
(4) Whenever an administrator's coursework plan is being
discussed or voted upon, the local professional development
committee shall, at the request of one of its administrative
members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members
voting on the plan.
(G)(H)(1) The department of education, educational service
centers, county boards of developmental disabilities, regional
professional development centers, special education regional
resource centers, college and university departments of education,
head start programs, the eTech Ohio commission, and the Ohio
education computer network may establish local professional
development committees to determine whether the coursework
proposed by their employees who are licensed or certificated under
this section or section 3319.222 of the Revised Code, or under the
former version of either section as it existed prior to the
effective date of this amendment October 16, 2009, meet the
requirements of the rules adopted under this section. They may
establish local professional development committees on their own
or in collaboration with a school district or other agency having
authority to establish them.
Local professional development committees established by
county boards of developmental disabilities shall be structured in
a manner comparable to the structures prescribed for school
districts in divisions (F)(G)(2) and (3) of this section, as shall
the committees established by any other entity specified in
division (G)(H)(1) of this section that provides educational
services by employing or contracting for services of classroom
teachers licensed or certificated under this section or section
3319.222 of the Revised Code, or under the former version of
either section as it existed prior to the effective date of this
amendment October 16, 2009. All other entities specified in
division (G)(H)(1) of this section shall structure their
committees in accordance with guidelines which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(G)(H)(1) of this section but provides educational services and
employs or contracts for services of classroom teachers licensed
or certificated under this section or section 3319.222 of the
Revised Code, or under the former version of either section as it
existed prior to the effective date of this amendment October 16,
2009, may establish a local professional development committee,
subject to the approval of the department of education. The
committee shall be structured in accordance with guidelines issued
by the state board.
Sec. 3319.223. (A) Not later than January 1, 2011, the
superintendent of public instruction and the chancellor of the
Ohio board of regents jointly shall establish the Ohio teacher
residency program, which shall be a four-year, entry-level program
for classroom teachers. The teacher residency program shall
include at least the following components:
(1) Mentoring by teachers who hold a lead professional
educator license issued under section 3319.22 of the Revised Code;
(2) Counseling to ensure that program participants receive
needed professional development;
(3) Use of measures of student academic gain to evaluate the
effectiveness of program participants;
(4) Measures of appropriate progression through the program.
(B) The teacher residency program shall be aligned with the
standards for teachers adopted by the state board of education
under section 3319.61 of the Revised Code and best practices
identified by the superintendent of public instruction.
(C) Each person who holds a resident educator license issued
under section 3319.22 of the Revised Code or an alternative
resident educator license issued under section 3319.26 of the
Revised Code shall participate in the teacher residency program.
Successful completion of the program shall be required to qualify
any such person for a professional educator license issued under
section 3319.22 of the Revised Code.
Sec. 3319.227. Notwithstanding any other provision of the
Revised Code or any rule adopted by the state board of education
to the contrary, the state board shall issue an initial
professional educator license under section 3319.22 of the Revised
Code to any applicant who has completed at least two years of
teaching in another state as a participant in the teach for
America program.
Sec. 3319.61. (A) The educator standards board, in
consultation with the chancellor of the Ohio board of regents,
shall do all of the following:
(1) Develop state standards for teachers and principals that
reflect what teachers and principals are expected to know and be
able to do at all stages of their careers. These standards shall
be aligned with the statewide academic content standards for
students adopted pursuant to section 3301.079 of the Revised Code,
be primarily based on educator performance instead of years of
experience or certain courses completed, and rely on
evidence-based factors. These standards shall also be aligned with
the operating standards adopted under division (D)(3) of section
3301.07 of the Revised Code.
(a) The standards for teachers shall reflect the following
additional criteria:
(i) Alignment with the interstate new teacher assessment and
support consortium standards;
(ii) Differentiation among novice, experienced, and advanced
teachers;
(iii) Reliance on competencies that can be measured;
(iv) Reliance on content knowledge, teaching skills,
discipline-specific teaching methods, and requirements for
professional development;
(v) Alignment with a career-long system of professional
development and evaluation that ensures teachers receive the
support and training needed to achieve the teaching standards as
well as reliable feedback about how well they meet the standards;
(vi) The standards under section 3301.079 of the Revised
Code, including standards on collaborative learning environments
and interdisciplinary, project-based, real-world learning and
differentiated instruction;
(vii) The Ohio leadership framework.
(b) The standards for principals shall be aligned with the
interstate school leaders licensing consortium standards.
(2) Develop standards for school district superintendents
that reflect what superintendents are expected to know and be able
to do at all stages of their careers. The standards shall reflect
knowledge of systems theory and effective management principles
and be aligned with the buckeye association of school
administrators standards and the operating standards developed
under division (D)(3) of section 3301.07 of the Revised Code.
(3) Develop standards for school district treasurers and
business managers that reflect what treasurers and business
managers are expected to know and be able to do at all stages of
their careers. The standards shall reflect knowledge of systems
theory and effective management principles and be aligned with the
association of school business officials international standards
and the operating standards developed under division (D)(3) of
section 3301.07 of the Revised Code.
(4) Develop standards for the renewal of licenses under
sections 3301.074 and 3319.22 of the Revised Code;
(5) Develop standards for educator professional development;
(6) Investigate and make recommendations for the creation,
expansion, and implementation of school building and school
district leadership academies.
The superintendent of public instruction, the chancellor of
the Ohio board of regents, or the education standards board itself
may request that the educator standards board update, review, or
reconsider any standards developed under this section.
(B) The educator standards board shall incorporate indicators
of cultural competency into the standards developed under division
(A) of this section. For this purpose, the educator standards
board shall develop a definition of cultural competency based upon
content and experiences that enable educators to know, understand,
and appreciate the students, families, and communities that they
serve and skills for addressing cultural diversity in ways that
respond equitably and appropriately to the cultural needs of
individual students.
(C) In developing the standards under division (A) of this
section, the educator standards board shall consider the impact of
the standards on closing the achievement gap between students of
different subgroups.
(D) In developing the standards under division (A) of this
section, the educator standards board shall ensure both of the
following:
(1) That teachers have sufficient knowledge to provide
appropriate instruction for students identified as gifted pursuant
to Chapter 3324. of the Revised Code and to assist in the
identification of such students, and have sufficient knowledge
that will enable teachers to provide learning opportunities for
all children to succeed;
(2) That principals, superintendents, school treasurers, and
school business managers have sufficient knowledge to provide
principled, collaborative, foresighted, and data-based leadership
that will provide learning opportunities for all children to
succeed.
(E) The standards for educator professional development
developed under division (A)(5) of this section shall include the
following:
(1) Standards for the inclusion of local professional
development committees established under section 3319.22 of the
Revised Code in the planning and design of professional
development;
(2) Standards that address the crucial link between academic
achievement and mental health issues.
(F) The educator standards board shall also perform the
following functions:
(1) Monitor compliance with the standards developed under
division (A) of this section and make recommendations to the state
board of education for appropriate corrective action if such
standards are not met;
(2) Research, develop, and recommend policies on the
professions of teaching and school administration;
(3) Recommend policies to close the achievement gap between
students of different subgroups;
(4) Define a "master teacher" in a manner that can be used
uniformly by all school districts;
(5) Adopt criteria that a candidate for a lead professional
educator license under section 3319.22 of the Revised Code who
does not hold a valid certificate issued by the national board for
professional teaching standards must meet to be considered a lead
teacher for purposes of division (B)(4)(d) of that section. It is
the intent of the general assembly that the educator standards
board shall adopt multiple, equal-weighted criteria to use in
determining whether a person is a lead teacher. The criteria shall
be in addition to the other standards and qualifications
prescribed in division (B)(4) of section 3319.22 of the Revised
Code. The criteria may include, but shall not be limited to,
completion of educational levels beyond a master's degree or
other professional development courses or demonstration of a
leadership role in the teacher's school building or district. The
board shall determine the number of criteria that a teacher shall
satisfy to be recognized as a lead teacher, which shall not be
the total number of criteria adopted by the board.
(6) Develop model teacher and principal evaluation
instruments and processes. The models shall be based on the
standards developed under division (A) of this section.
(7) Develop a method of measuring the academic improvement
made by individual students during a one-year period and make
recommendations for incorporating the measurement as one of
multiple evaluation criteria into each of the following:
(a) Eligibility for a professional educator license, senior
professional educator license, lead professional educator license,
or principal license issued under section 3319.22 of the Revised
Code;
(b) The Ohio teacher residency program established under
section 3319.223 of the Revised Code;
(c) The model teacher and principal evaluation instruments
and processes developed under division (F)(6) of this section and
shall utilize multiple evaluation criteria, with student
performance over time, as determined by value-added data or other
appropriate measures of student achievement gains, counting for
fifty per cent of the teacher's or principal's overall evaluation.
(G) The educator standards board shall submit recommendations
of standards developed under division (A) of this section to the
state board of education not later than September 1, 2010. The
state board of education shall review those recommendations at the
state board's regular meeting that next succeeds the date that the
recommendations are submitted to the state board. At that meeting,
the state board of education shall vote to either adopt standards
based on those recommendations or request that the educator
standards board reconsider its recommendations. The state board of
education shall articulate reasons for requesting reconsideration
of the recommendations but shall not direct the content of the
recommendations. The educator standards board shall reconsider its
recommendations if the state board of education so requests, may
revise the recommendations, and shall resubmit the
recommendations, whether revised or not, to the state board not
later than two weeks prior to the state board's regular meeting
that next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations. The state board of
education shall review the recommendations as resubmitted by the
educator standards board at the state board's regular meeting that
next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations and may adopt the
standards as resubmitted or, if the resubmitted standards have not
addressed the state board's concerns, the state board may modify
the standards prior to adopting them. The state board shall adopt
standards under this section in accordance with Chapter 119. of
the Revised Code. The final responsibility to determine whether to
adopt standards as described in division (A) of this section and
the content of those standards, if adopted, belongs solely to the
state board of education.
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, 3314.013,
3314.014, 3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22,
3319.223, and 3319.61 of the Revised Code are hereby repealed.
Section 3. Section 3314.014 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 79 and Am. Sub. H.B. 276 of the 126th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
Section 4. Section 3319.22 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
|