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S. B. No. 207 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Turner, Cafaro, Schiavoni, Morano
A BILL
To amend sections 3301.0714 and 3314.013, to enact
sections 3301.94, 3314.23, and 3333.0410, and to
repeal section 3314.033 of the Revised Code to
lift the moratorium on Internet- or computer-based
community schools, to require the State Board of
Education to adopt by rule its recommended
standards for those schools and other electronic
educational courses, to permit the Department
of
Education and the Chancellor of the Board of
Regents to establish a longitudinal student data
system and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0714 and 3314.013 be amended
and sections 3301.94, 3314.23, 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. 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 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.
(B) 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
of education 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.
(C) That the superintendent and the chancellor, from time to
time, shall enter into written agreements with entities for the
use of data in the repository to conduct studies to improve
instructional quality or for any other purpose permitted by law.
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.
(D) 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;
(E) 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.
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 the effective date of any standards enacted by the
general assembly governing the operation of internet- or
computer-based community schools July 1, 2011, 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 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 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 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) Nothing in division (A) of this section prohibits a
community school from increasing the number of grade levels it
offers.
(B) 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. 3314.23. (A) The state board of education shall adopt
as rules, in accordance with Chapter 119. of the Revised Code, the
standards for the operation of internet- or computer-based
community schools and other educational courses delivered
primarily via electronic media that were initially recommended by
the state board to the general assembly, pursuant to former
section 3314.033 of the Revised Code, as item number 16 on the
agenda of the state board's meeting held on September 8 and 9,
2003. The board shall adopt the rules so that they take effect not
later than ninety days after the effective date of this section.
It is the intent of the general assembly that the rules adopted
under this division shall be in effect so that new internet- or
computer-based community schools may open beginning with the
2011-2012 school year. Any new internet- or computer-based
community school may open only in accordance with the provisions
of this chapter.
(B) The state board, in accordance with Chapter 119. of the
Revised Code, may amend the rules adopted under division (A) of
this section anytime after its initial adoption of the rules.
(C) Each internet- or computer-based community school
operating on or after July 1, 2011, shall comply with all
provisions of the rules adopted or amended under this section.
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 and 3314.013 and
section 3314.033 of the Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
accelerate implementation of measures designed to satisfy
essential elements in criteria used to award competitive federal
education funding. Therefore, this act shall go into immediate
effect.
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