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S. B. No. 210 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Senators Coughlin, Kearney
Cosponsors:
Senators Cafaro, Goodman, Harris, Husted, Miller, D., Miller, R., Morano, Sawyer, Schiavoni, Smith, Strahorn, Stewart, Turner, Wagoner
A BILL
To amend sections 3301.079, 3301.0714, 3302.02,
3302.03,
3313.603, 3313.813, 3313.814,
3314.03,
3314.18,
3326.11, and 3326.13 and to
enact
sections
3301.91, 3301.92, 3301.921, 3301.922,
3313.6016,
3313.674, 3313.816,
3313.817,
3319.076, and
3319.227
of the
Revised Code to
establish
nutritional standards
for certain
foods and
beverages sold in public and
chartered
nonpublic
schools; to require public school
students to have
periodic body mass index
measurements; to require
daily physical activity
for public school students
and to make other
changes regarding physical
education; and to
establish the Healthy Choices
for Healthy
Children Council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.079, 3301.0714, 3302.02,
3302.03,
3313.603, 3313.813, 3313.814, 3314.03,
3314.18,
3326.11, and
3326.13 be amended and
sections 3301.91, 3301.92,
3301.921,
3301.922, 3313.6016, 3313.674, 3313.816,
3313.817,
3319.076, and
3319.227 of the Revised
Code be enacted to read as
follows:
Sec. 3301.079. (A)(1) Not later than June
30, 2010, and at
least once every five years thereafter,
the
state
board of
education shall adopt
statewide
academic
standards
with
emphasis on coherence, focus, and rigor
for each of grades
kindergarten
through twelve in
English language
arts,
mathematics, science, and social
studies.
The standards shall specify the following:
(a) The core academic content
and
skills that
students are
expected to know and be able to do
at
each grade
level that will
allow each student to be prepared for
postsecondary instruction
and the workplace for success in the
twenty-first century;
(b) The development of skill sets as they relate to
creativity and innovation, critical thinking and problem solving,
and communication and collaboration;
(c) The development of skill sets that promote information,
media, and technological literacy;
(d) The development of skill sets that promote personal
management, productivity and accountability, and
leadership and
responsibility;
(e) Interdisciplinary, project-based, real-world learning
opportunities.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in computer literacy, financial
literacy and entrepreneurship, fine arts, and
foreign language
for grades kindergarten through twelve. The
standards shall meet
the same requirements prescribed in divisions
(A)(1)(a) to (e) of
this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
Each school
district, community school established under Chapter 3314. of the
Revised Code, and STEM school established under Chapter 3326. of
the Revised Code shall utilize the standards.
The department shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts, community schools, and STEM schools in implementing the
physical
education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been
completed for any
subject area required by this section, the
state board
shall
inform all
school districts, all community schools
established
under Chapter 3314. of the Revised Code, all STEM
schools
established under Chapter 3326. of the Revised Code, and
all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the
content of
those standards.
(B) Not later than March 31, 2011, the state board
shall
adopt a
model curriculum
for instruction in each subject
area for
which updated academic standards are required by division (A)(1)
of this section and for each of grades
kindergarten through twelve
that is sufficient to meet the needs
of students in every
community. The model curriculum shall be
aligned
with the
standards, to ensure that the academic content and
skills
specified for each grade level are taught to students, and shall
demonstrate vertical articulation and emphasize coherence, focus,
and rigor.
When any model curriculum has
been completed, the state
board
shall inform all school districts, community schools, and
STEM schools
of
the content of that model
curriculum.
All
school districts, community schools, and STEM schools may
utilize the
state standards and the
model curriculum established
by the state
board, together with
other relevant
resources,
examples, or models
to ensure that
students have the
opportunity
to attain the
academic standards.
Upon request, the
department of
education
shall provide technical
assistance to any
district,
community
school, or STEM school in implementing the model
curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(C) The state board shall develop achievement
assessments
aligned
with the academic standards and model
curriculum for each
of the
subject areas and grade levels required
by divisions
(A)(1) and (B)(1) of section 3301.0710 of
the Revised
Code.
When any achievement
assessment has been completed,
the
state board
shall inform all school
districts, community
schools,
STEM schools, and nonpublic schools required to administer the
assessment of its
completion, and the
department of education
shall
make the
achievement assessment available
to the
districts
and schools.
(D)(1) The state board shall adopt a
diagnostic assessment
aligned with the academic standards and
model curriculum for each
of grades kindergarten through two in
English
language arts and
mathematics and for grade three
in
English language arts. The
diagnostic
assessment shall be
designed to
measure student
comprehension of
academic content and
mastery of
related skills
for the relevant
subject area and grade
level. Any
diagnostic
assessment shall not
include components to
identify
gifted
students. Blank copies
of
diagnostic
assessments shall
be
public
records.
(2)
When each diagnostic assessment has been
completed,
the
state board
shall inform all school districts of
its
completion
and the
department of education shall make the
diagnostic
assessment
available to the districts at no cost to the
district.
School
districts shall administer the diagnostic
assessment
pursuant to
section 3301.0715 of the Revised Code
beginning the
first school
year following the development of the
assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement assessments,
or
model
curriculum required under this section, the state board
or
the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel,
and administrators with
expertise in the appropriate subject area.
Whenever practicable,
the state board and
department shall consult
with teachers
recognized as outstanding
in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required
by
this section, the department shall ensure the
interchangeability
of those assessments.
(G) The fairness sensitivity review committee, established
by
rule of the state board of education, shall not allow any
question
on any achievement or diagnostic assessment
developed under this
section or any proficiency test prescribed by
former section
3301.0710 of the Revised Code, as it existed prior
to
September
11, 2001, to
include, be written to
promote, or
inquire as to
individual moral
or social values or
beliefs. The
decision of the
committee shall
be final. This
section does not
create a private
cause of action.
(H) Not later than forty-five days prior to the initial
deadline established under division (A)(1) of this section and the
deadline established under division (B) of this section, the
superintendent of public instruction shall present the academic
standards or model curricula, as applicable, to the respective
committees of
the house of representatives and senate that
consider
education legislation.
(I)
As used in this section:
(1) "Coherence" means a reflection of the structure of the
discipline being taught.
(2) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(3) "Rigor" means more challenging and demanding when
compared to international standards.
(4) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
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.
(o) Aggregate results of student screenings for body mass
index and weight status category required under section 3313.674
of the Revised Code.
(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 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. 3301.91. The department of education shall establish a
clearinghouse of best practices in the areas of student nutrition,
physical activity for students, and body mass index screenings
that schools may use to promote student health. In developing the
clearinghouse, the department shall consider the recommendations
made by the healthy choices for healthy children council under
section 3301.921 of the Revised Code.
Sec. 3301.92. (A) The healthy choices for healthy children
council is hereby established. The council shall consist of the
following members:
(1) Three representatives of the Ohio children's hospital
association;
(2) Three representatives of the Ohio chapter of the American
academy of pediatrics;
(3) Three representatives of the Ohio business roundtable;
(4) Three representatives of Ohio action for healthy kids;
(5) Three representatives of the American heart association;
(6) Three representatives of school districts whose job
responsibilities involve promoting student health and wellness.
(B) The governor, the president of the senate, and the
speaker of the house
of representatives each shall appoint one
representative of each
organization listed in divisions (A)(1) to
(5) of this section.
Each such organization shall submit
recommendations for the
appointments. The governor, president,
and speaker each shall appoint one
representative of
school
districts under division (A)(6) of this
section. The Ohio
school
boards association shall submit
recommendations for those
appointments.
(C) Members of the council shall serve at the pleasure of
their appointing authority. Vacancies shall be filled in the same
manner as the original appointment. Members shall not be
compensated.
(D) A representative of the Ohio business roundtable shall
call the first meeting of the council. At that meeting, the
council shall select a chairperson from among its members. All
subsequent meetings shall be held at the call of the chairperson.
The organization or entity represented by the chairperson shall
provide administrative support to the council.
Sec. 3301.921. The healthy choices for healthy children
council shall do all of the following:
(A) Monitor progress in improving student health and
wellness;
(B) Make periodic policy recommendations to the state board
of education regarding ways to improve the nutritional standards
for food and beverages prescribed by sections 3313.816 and
3313.817 of the Revised Code;
(C) Make periodic recommendations to the department of
education for the development of the best practices clearinghouse
required by section 3301.91 of the Revised Code;
(D) Assist the department in developing a list of resources
regarding health risks associated with weight status for
distribution to parents and guardians under division (E) of
section 3313.674 of the Revised Code;
(E) Regularly review developments in science and nutrition to
ensure the council remains informed for purposes of making
recommendations under divisions (B) and (C) of
this section.
Sec. 3301.922. (A) The department of education shall issue
an annual report on the following:
(1) The compliance of public and chartered nonpublic schools
with the requirements of sections 3313.814, 3313.816, and 3313.817
of the Revised Code regarding nutritional standards for food and
beverages in schools;
(2) The compliance of public schools with the requirements of
sections 3313.6016 and 3313.674 of the Revised Code.
(B) The department shall include in each report any data
regarding student health and wellness collected by the department
in conjunction with the requirements described in division (A) of
this section.
(C) The department shall submit each report to the governor,
the general assembly, and the healthy choices for healthy children
council.
Sec. 3302.02.
The state board of education annually through
2007, and
every six years thereafter, shall establish at
least
seventeen
performance indicators for the report cards
required by
division
(C) of section 3302.03 of the Revised Code.
In
establishing these
indicators,
the state board shall consider
inclusion of student
performance on any tests given under section
3301.0710 or 3301.0712 of the
Revised Code, rates of student
improvement on
such tests, student
attendance, the breadth of
coursework
available within the
district, and other indicators of
student
success. The Not later than December 31, 2010, the state
board shall establish a performance indicator that is based on
student success in meeting the benchmarks contained in the
physical education standards adopted under division (A)(3) of
section
3301.079 of the Revised Code and on compliance with the
requirements for local wellness policies prescribed by the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended.
Following establishment of this indicator, the department of
education shall issue guidance to school districts and buildings
explaining how the indicator will be used for evaluation and how
the indicator will factor into the performance ratings issued
under section 3302.03 of the Revised Code, beginning with the
ratings issued for the 2011-2012 school year.
The state
board
shall inform the Ohio accountability task
force established under section 3302.021 of the Revised Code of
the performance indicators it establishes under this section and
the rationale for choosing each indicator and for determining how
a school district or building meets that indicator.
The state board shall not
establish any
performance
indicator
for passage of the
third or
fourth grade
reading
test
that is
solely based on the test given
in the fall
for the purpose
of
determining whether students have
met the
reading guarantee
provisions of section
3313.608 of
the
Revised Code.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a
district all of the following:
(1) The extent to which the school district or building
meets
each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B) Except as otherwise provided in divisions (B)(6)
and (7)
of this section:
(1) A school district or building shall be declared
excellent
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at
least ninety-four per cent of the applicable state
performance
indicators or has a performance index score established by the
department.
(b) It has failed to make adequate yearly progress for not
more than two consecutive years and either meets at least
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at
least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance
index score established by the department.
(b) It does not make adequate yearly progress and either
meets at least seventy-five per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for
three consecutive years, it shall be
declared in need of
continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the
applicable state
performance
indicators, and has a performance
index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly
progress and either
meets at least thirty-one per cent but less
than fifty per cent
of the
applicable
state
performance
indicators
or has a
performance index score established by the
department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance
index score established by the department.
(6) When designating performance ratings for school districts
and buildings under divisions (B)(1) to (5) of this section, the
department shall not assign a school district or building a lower
designation from its previous year's designation based solely on
one subgroup not making adequate yearly progress.
(7) Division (B)(7) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement assessments
prescribed
for
their grade level under division (A)(1) or (B)(1)
of
section 3301.0710 of the Revised
Code from
which they are
not
excused pursuant to division (C)(1)
or (3) of
section
3301.0711
of the Revised Code. A school
district or
building
shall not be
assigned a higher performance
rating than
under an
academic watch
if more than fifteen per
cent but not more
than
twenty per cent
of the enrolled students
do not take all
achievement assessments
prescribed for their grade
level
under
division (A)(1) or (B)(1) of section
3301.0710 of the
Revised
Code from which
they are not excused
pursuant to
division
(C)(1) or (3) of
section 3301.0711 of the
Revised Code.
A
school district or
building shall not be assigned
a higher
performance rating than
in a state of academic emergency
if more
than twenty per cent of
the enrolled students do not take
all
achievement assessments
prescribed for their grade level
under
division (A)(1) or (B)(1) of
section 3301.0710 of the
Revised
Code from
which they are not
excused pursuant to
division
(C)(1) or (3) of
section 3301.0711 of
the Revised Code.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community
schools that primarily enroll students between sixteen and
twenty-two years of age who dropped out of high school or are at
risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school
under Chapter 3314. of the Revised Code, the department
shall
combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of lead teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(9) The department shall include on each report card the
percentage of students enrolled in the district or building in
kindergarten, third grade, fifth grade, and ninth grade who are in
each of the following weight status categories:
(D)(1) In calculating
English language arts,
mathematics,
social
studies, or science assessment
passage
rates
used to
determine school district
or
building performance
under
this
section,
the department shall
include all
students
taking an
assessment with
accommodation
or to
whom an
alternate
assessment
is
administered
pursuant to
division
(C)(1) or (3)
of
section
3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment
prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is
administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a
minimum of one hundred twenty hours
of
course
instruction, except that for:
(a) For
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction.
(b) For a physical education course, "one unit" means a
minimum of two hundred forty hours of course instruction.
(2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the
requirements for
graduation from every
high school shall include
twenty units earned in grades nine
through twelve and shall be
distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one
unit;
(b) Physical sciences, one
unit.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
(7) Elective units, seven units until September 15, 2003,
and
six units thereafter.
Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010,
except as provided in
divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school
shall include
twenty and one-half units that are
designed to
prepare students
for the workforce and college. The
units shall
be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half one unit;
(5) Science, three
units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of
section 3301.079 of the Revised Code and the
academic content
standards for financial literacy and
entrepreneurship adopted
under division (A)(2) of that section,
into one or more existing
social studies credits required under
division (C)(6) of this
section, or into the content of another
class, so that every high
school student receives instruction in
those concepts. In
developing the curriculum required by this
paragraph, schools
shall use available public-private
partnerships and resources and
materials that exist in business,
industry, and through the
centers for economics education at
institutions of higher
education in the state.
(7) Five
units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
or English language arts, mathematics, science, or social studies
courses not otherwise required under division (C) of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board of education and the chancellor of the Ohio board of
regents shall develop
policies to ensure that only
in rare
instances will students who
complete the Ohio core
curriculum
require academic remediation
after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
whenever practicable across the curriculum in order to maximize
efficiency, enhance learning, and prepare students for success in
the technology-driven twenty-first century. Districts and schools
may use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall whenever practicable utilize technology access
and electronic learning opportunities provided by the eTech Ohio
commission, the Ohio learning network, education technology
centers, public television stations, and other public and private
providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section, except that
the student shall complete an additional one-half unit of
physical education.
The department of
education, in collaboration with
the
the
chancellor of the Ohio board of regents, shall
analyze
student
performance data to determine if there are
mitigating
factors
that warrant extending the exception permitted
by
division (D)
of this section to high school classes beyond
those
entering
ninth grade before July 1, 2014. The
department
shall submit its
findings and any recommendations not
later than
August 1, 2014,
to the speaker and minority leader of
the house of
representatives, the president and minority leader
of the senate,
the chairpersons and ranking minority members of
the standing
committees of the house of representatives and the
senate that
consider education legislation, the state board of
education, and
the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate than specified in
those divisions;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department
of education, may qualify for graduation from high school by
successfully completing a competency-based instructional program
administered by the dropout prevention and recovery program in
lieu of completing the Ohio core curriculum prescribed in division
(C) of this section. The department shall grant a waiver to a
dropout prevention and recovery program, within sixty days after
the program applies for the waiver, if the program meets all of
the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments
prescribed
under
division (B)(1) of section 3301.0710 of the
Revised Code
or, to the extent prescribed by rule of the state
board of
education under division (E)(6) of section 3301.0712 of
the
Revised Code, division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school
may permit students below the ninth
grade to take advanced work. If a high school so permits, it
shall award high school credit for successful
completion of the
advanced work and
shall count
such advanced work
toward the
graduation requirements
of division
(B) or (C) of
this
section
if the advanced work was
both:
(1) Taught by a person who possesses a license or
certificate
issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised
Code
that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section.
(J) The state board of education, in consultation with the
chancellor of the
Ohio board of regents,
shall adopt a
statewide plan implementing
methods for students to
earn units
of high school credit based on
a demonstration of
subject area
competency, instead of or in
combination with
completing hours
of classroom instruction. The
state board shall
adopt the plan
not later than March 31, 2009,
and commence phasing
in the plan
during the 2009-2010 school
year. The plan shall
include a
standard method for recording
demonstrated proficiency
on high
school transcripts. Each school
district, community
school, and
chartered nonpublic school shall
comply with the state
board's
plan adopted under this division
and award units of high
school
credit in accordance with the
plan. The state board may
adopt
existing methods for earning high
school credit based on a
demonstration of subject area competency
as necessary prior to
the
2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons. If the board or authority adopts such a
policy, the board or authority shall not require the student to
complete any physical education course as a condition to graduate.
However, the student shall be required to complete one-half unit,
consisting of at least sixty hours of instruction, in another
course of study. This division shall cease to apply beginning with
students who enter ninth grade for the first time on or after July
1, 2010.
Sec. 3313.6016. (A) Beginning in the 2010-2011 school year,
the
board of education of each city, exempted village, or local
school
district shall require all students in each of grades
kindergarten
through twelve to engage in at least thirty minutes
of moderate to
rigorous physical activity each school day,
exclusive of recess. Physical activity engaged in during a
physical education course may count toward the daily requirement.
(B) For any period in which a student is participating in
interscholastic athletics, marching band, or cheerleading, the
board may excuse the student from the requirement of division (A)
of this section.
(C)
Not later than July 1, 2010, the board shall adopt a
policy to
comply with this section.
Sec. 3313.674. (A) Except as provided in division (D) of
this section, each city, exempted village, or local school
district shall require each student enrolled in kindergarten,
third grade, fifth grade, and ninth grade to undergo a screening
for body mass index and weight status category prior to the first
day of November of the school year.
(B) The district may provide any screenings required by this
section itself, contract with another entity for provision of the
screenings, or request the parent or guardian of each student
subject to this section to obtain the screening from a provider
selected by the parent or guardian and to submit the results to
the district. If the district provides the screenings itself or
contracts with another entity for provision of the screenings, the
district shall protect student privacy by ensuring that each
student is screened alone and not in the presence of other
students or staff.
(C) Prior to the first day of August of each school year, the
district shall provide the parent or guardian of each student
subject to this section with information about the district's
screening program. If the district requests parents and guardians
to obtain a screening from a provider of their choosing, the
district shall provide them
with a list of providers and
information about screening services available in the community to
parents and guardians who cannot afford a private provider.
(D) If the parent or guardian of a student subject to this
section signs and submits to the district a written statement
indicating that the parent or guardian does not wish to have the
student undergo the screening, the district shall not require the
student to be screened.
(E) The district shall notify the parent or guardian of each
student screened under this section of any health risks associated
with the student's results and shall provide the parent or
guardian with information about appropriately addressing the
risks. For this purpose, the department of education, in
consultation with the department of health and the healthy choices
for healthy children council established under section 3301.92 of
the Revised Code, shall develop a list
of documents, pamphlets,
or other resources that districts may
distribute to parents and
guardians under this division.
(F) The district shall maintain the confidentiality of each
student's individual screening results at all times. No district
shall report a student's individual screening results to any
person other than the student's parent or guardian.
(G) The district shall report aggregated body mass index and
weight status category data collected under this section to the
department of education through the education management
information system established under section 3301.0714 of the
Revised Code. The department may share data reported under this
division with the department of health and other governmental
entities for the purpose of monitoring population health, making
reports, or public health promotional activities.
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit
private entity
that provides to pupils enrolled in any public or
chartered nonpublic
elementary or secondary school an outdoor
educational curriculum that the
school considers to be part of its
educational program.
(2) "Outside-school-hours care center" has the meaning
established
in 7 C.F.R. 226.2.
(B) The state board of education shall
establish standards
for a school lunch program, school breakfast
program, child and
adult care food program, special food service
program
for
children, summer food service program for children, special
milk
program for children, food service equipment assistance
program,
and commodity distribution program established under the
"National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,
42
U.S.C. 1771, as amended. Any board of education of a school
district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or
summer camp
desiring to participate in
such a program or required
to participate under this section
shall, if eligible to
participate under the "National School
Lunch Act," as amended, or
the "Child Nutrition Act of 1966," as
amended, make application to
the state board of education for
assistance. The board shall
administer the allocation and
distribution of all state and
federal funds for these programs.
(C) The state board of education shall require the board
of
education of each school district to establish
and
maintain a
school breakfast, lunch, and summer food service program pursuant
to the "National School Lunch Act" and
the "Child Nutrition Act of
1966," as described in divisions (C)(1) to (4) of this section.
(1) The state board shall require the board of education
in
each school district to establish a breakfast program in every
school where at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least
one-fifth
of the pupils are eligible for free lunches. The board of
education
required to establish a breakfast program under this
division may make a
charge in accordance with federal requirements
for each reduced price
breakfast or paid breakfast to cover the
cost incurred in providing that meal.
(2) The state board shall require the board of education
in
each school district to establish a breakfast program in every
school in which the parents of at least one-half of the children
enrolled in the school have requested that the breakfast program
be established. The board of education required to establish a
program under this division may make a charge in accordance with
federal requirements for each meal to
cover all or part of the
costs incurred in establishing such a
program.
(3) The state board of education shall require the board of
education in each school district to establish one of the
following for summer intervention services described in division
(D) of section 3301.0711 and section 3313.608 of the Revised Code
and any other summer intervention program required by law:
(a) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(b) An extension of the school lunch program pursuant to
those acts;
(c) A summer food service program pursuant to those acts.
(4)(a) If the board of education of a school district
determines that, for financial reasons, it cannot comply with
division (C)(1) or (3) of this section, the district board may
choose not to comply with either or both divisions, except as
provided in division (C)(4)(b) of this section. The district board
publicly shall communicate to the residents of the district, in
the manner it determines appropriate, its decision not to comply.
(b) If a district board chooses not to comply with division
(C)(1) of this section, the state board of education nevertheless
shall require the district board to establish a breakfast program
in every school where at least one-third of the pupils in the
school are eligible under federal requirements for free breakfasts
and to establish a lunch program in every school where at least
one-third of the pupils are eligible for free lunches. The
district board may make a charge in accordance with federal
requirements for each reduced price breakfast or paid breakfast to
cover the cost incurred in providing that meal.
(c) If a school district cannot for good cause comply with
the requirements of division (C)(2) or (4)(b) of
this section at
the
time the state board determines that a district is subject to
these requirements, the state board of education shall grant a
reasonable extension of time. Good cause for an extension of
time
shall include, but need not be limited to, economic
impossibility
of compliance with the requirements at the time the
state board
determines that a district is subject to them.
(D)(1) The state board of education shall accept the
application of any outdoor education center in the state making
application for participation in a program pursuant to division
(B) of this section.
(2) For purposes of participation in any program pursuant
to
this section, the board shall certify any outdoor education
center
making application as an educational unit that is part of
the
educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on
an
overnight basis so that pupils are in residence at the center
for
more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership
in a
single building or complex of buildings.
(3) The board shall approve any outdoor education center
certified under this division for participation in the program
for
which the center is making application on the same basis as
any
other applicant for that program.
(E) Any school district board of education or chartered
nonpublic school that participates in a breakfast program pursuant
to this section may offer breakfast to pupils in their classrooms
during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the board of education of
each school district and each chartered nonpublic school that
participates in a breakfast program pursuant to this section shall
provide a breakfast free of charge to each pupil who is eligible
under federal requirements for a reduced price breakfast.
Sec. 3313.814. (A) As used in this section and sections
3313.816 and 3313.817 of the Revised Code:
(1) "A la carte item" means an individually priced food or
beverage item that is available for sale to students through any
of the following:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or
other school-sponsored organization.
"A la carte item" does not include any food or beverage item
available for sale in connection with a school-sponsored
fundraiser held outside of the regular school day, any other
school-sponsored event held outside of the regular school day, or
an interscholastic athletic event. "A la carte item" also does not
include any food or beverage item that is part of a reimbursable
meal and that is available for sale as an individually priced item
in a serving portion of the same size as in the reimbursable meal.
(2) "Added sweeteners" means any additives that enhance the
sweetness of a beverage, including processed sugar. "Added
sweeteners" do not include any natural sugars found in fruit
juices that are a component of the beverage.
(3) "Extended school day" means the period before and after
the regular school day during which students participate in
school-sponsored extracurricular activities, latchkey programs as
defined in section 3313.207 of the Revised Code, or other academic
or enrichment programs.
(4) "Regular school day" means the period each school day
between the designated arrival time for students and the end of
the final instructional period.
(5) "Reimbursable meal" means a meal that is provided to
students through a school breakfast or lunch program established
under the "National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria
for reimbursement established by the United States department of
agriculture.
(6) "School food service program" means a school food service
program operated under section 3313.81 or 3313.813 of the Revised
Code.
(B) Each school district board of education and each
chartered nonpublic school governing authority shall adopt and
enforce nutrition standards
governing the types of food and
beverages that may be sold on the premises of its schools,
and
specifying the time and place each type of food or beverage may be
sold. In adopting
the standards, the board or governing authority
shall consider each food's the nutritional value of each food or
beverage. The board or governing authority shall consult the
dietary guidelines for Americans jointly developed by the United
States department of agriculture and the United States department
of health and human services and, to the maximum extent possible,
shall incorporate the guidelines into the standards. No
food or
beverage may be sold on any school premises except in accordance
with the
standards adopted by the board of education or governing
authority. The standards shall comply with sections 3313.816 and
3313.817 of the Revised Code, but nothing in this section shall
prohibit the standards from being more restrictive than otherwise
required by those sections.
(C) The nutrition standards adopted under this section shall
prohibit the placement of vending machines in any classroom where
students are provided instruction, unless the classroom also is
used to serve students meals. This division does not apply to
vending machines that sell only milk, reimbursable meals, or food
and beverage items that are part of a reimbursable meal and are
available for sale as individually priced items in serving
portions of the same size as in the reimbursable meal.
(D) Each board or governing authority shall designate staff
to be responsible for ensuring that the school district or school
meets the nutrition standards adopted under this section. The
staff shall prepare an annual report regarding the district's or
school's compliance with the standards and submit it to the
department of education. The
board or governing authority
annually shall schedule a
presentation on the report at one of
its regular meetings. Each
district or school shall make copies
of the report available to
the public
upon request.
(E) The state board of education shall formulate and adopt
guidelines, which
boards of education and chartered nonpublic
schools may follow in enforcing and implementing this section.
Sec. 3313.816. (A) No public or chartered nonpublic school
shall permit the sale of a la carte beverage items other than the
following during the regular and extended school day:
(1) For a school in which the majority of grades offered are
in the range from kindergarten to grade four:
(b)(i) Prior to January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, eight ounces or less of
low-fat or fat-free milk,
including flavored milk, that contains
not more than one hundred
fifty calories per eight ounces.
(c) Eight ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners,
that contains not more than one hundred sixty
calories per eight
ounces.
(2) For a school in which the majority of grades offered are
in the range from grade five to grade eight:
(b)(i) Prior to January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, eight ounces or less of
low-fat or fat-free milk,
including flavored milk, that contains
not more than one hundred
fifty calories per eight ounces.
(c) Ten ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners,
that contains not more than one hundred sixty
calories per eight
ounces.
(3) For a school in which the majority of grades offered are
in the range from grade nine to grade twelve:
(b)(i) Prior to January 1, 2014, sixteen ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, sixteen ounces or less of
low-fat or fat-free milk,
including flavored milk, that contains
not more than one hundred
fifty calories per eight ounces.
(c) Twelve ounces or less of one hundred per cent fruit
juice, or a one hundred per cent fruit juice and water blend with
no added sweeteners, that contains not more than one hundred sixty
calories per
eight ounces;
(d) Twelve ounces or less of any beverage that contains not
more than sixty-six calories per eight ounces;
(e) Any size of a beverage that contains not
more than ten
calories
per eight ounces, which may include caffeinated
beverages and
beverages with added sweeteners, carbonation, or
artificial
flavoring.
(B) Each public and chartered nonpublic school shall require
at least fifty per cent of the a la carte beverage items available
for sale from each of the following sources during the regular and
extended school day to be water or other beverages that contain
not more than ten calories per eight ounces:
(1) A school food service program;
(2) A vending machine located on school property that does
not sell only milk or reimbursable meals;
(3) A store operated by the school, a student association, or
other school-sponsored organization.
(C) If, after July 1, 2009, the United States department of
agriculture adopts regulations for the sale of a la carte beverage
items in schools that are more restrictive than the requirements
of this section, those regulations shall supersede the
requirements of this section. Each chartered nonpublic school
shall comply with the regulations, regardless of whether the
United States department of agriculture applies the regulations to
nonpublic schools.
(D) The department of education shall determine whether each
public and chartered nonpublic school is in compliance with this
section or any federal regulations described in division (C) of
this section. The department may make that determination in
conjunction with any regular review of the school food service
program operated by the school, provided that the review is
conducted at least once every five years.
Sec. 3313.817. (A) When the department of education is able
to
obtain free of charge computer software for assessing the
nutritional value of foods that does all of the following, the
department shall make that software
available free of charge to
each public and chartered nonpublic
school:
(1) Rates the healthiness of foods based on nutrient density;
(2) Assesses the amount of calories, total fat, saturated
fat,
trans fat, sugar, protein, fiber, calcium, iron, vitamin A,
and
vitamin C in each food item;
(3) Evaluates the nutritional value of foods based on the
dietary guidelines for Americans jointly developed by the United
States department of agriculture and United States department of
health and human services as they pertain to children and
adolescents.
(B) Each public and chartered nonpublic school shall use the
software provided by the department under this section to
determine the nutritional
value of each a la carte food item
available for sale at the
school.
(C) When the department provides software under this section,
each public and chartered nonpublic school shall comply with all
of the following requirements:
(1) No a la carte food item shall be in the lowest rated
category of foods designated by the software.
(2) In the first school year in which the school is subject
to this section, at least twenty per cent of the a la carte food
items available for sale from each of the following sources during
the regular and extended school day shall be in the highest rated
category of foods designated by the software and in each school
year thereafter,
at
least forty per cent of the a la
carte food
items
available for
sale from each of the following
sources
during the
regular and
extended school day shall be in
that
category:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or
other school-sponsored organization.
(3) Each a la carte food item that is not in the highest
rated category of foods designated by the software shall meet at
least two of the following criteria:
(a) It contains at least five grams of protein.
(b) It contains at least ten per cent of the recommended
daily value of fiber.
(c) It contains at least ten per cent of the recommended
daily value of calcium.
(d) It contains at least ten per cent of the recommended
daily value of iron.
(e) It contains at least ten per cent of the recommended
daily value of vitamin A.
(f) It contains at least ten per cent of the recommended
daily value of vitamin C.
(D) If, after July 1, 2009, the United States department of
agriculture adopts regulations for the sale of a la carte food
items in schools that are more restrictive than the requirements
of this section, those regulations shall supersede the
requirements of this section. Each chartered nonpublic school
shall comply with the regulations, regardless of whether the
United States department of agriculture applies the regulations to
nonpublic schools.
(E) The department shall determine whether each public and
chartered nonpublic school is in compliance with this section or
any federal regulations described in division (D) of this section.
The department may make that determination in conjunction with any
regular review of the school food service program operated by the
school, provided that the review is conducted at least once every
five years.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;.
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
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 the following:
(a) 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;
(b) A requirement that each classroom teacher employed by the
school on or after July 1, 2013, to provide instruction in
physical education hold a valid license issued pursuant to
sections 3319.22 and 3319.224 of the Revised Code for teaching
physical education.
(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
division (A)(3) of section
3301.079 of the Revised Code and 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,
3313.6016, 3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.674, 3313.69, 3313.71,
3313.716,
3313.718,
3313.719,
3313.80, 3313.814, 3313.816,
3314.817, 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. 3314.18. (A) Subject to division (C) of this section,
the governing board authority of each community school shall
establish a breakfast program pursuant to the
"National School
Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as amended, and
the "Child Nutrition Act of 1966," 80 Stat. 885,
42 U.S.C. 1771,
as amended, if at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts, and shall
establish a lunch program pursuant to those acts if at least
one-fifth of the pupils are eligible for free lunches. The
governing board authority
required to establish a breakfast
program under this division may make a
charge in accordance with
federal requirements for each reduced price
breakfast or paid
breakfast to cover the cost incurred in providing that meal.
(B) Subject to division (C) of this section, the governing
board authority of each community school shall establish one of
the following for summer intervention services described in
division (D) of section 3301.0711 and section 3313.608 of the
Revised Code and any other summer intervention program required by
law:
(1) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(2) An extension of the school lunch program pursuant to
those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing board authority of a community school
determines that, for financial reasons, it cannot comply with
division (A) or (B) of this section, the governing board authority
may choose not to comply with either or both divisions. In that
case, the governing board authority shall communicate to the
parents of its students, in the manner it determines appropriate,
its decision not to comply.
(D) The governing board authority of each community school
required to establish a school breakfast, school lunch, or summer
food service program under this section shall apply for state and
federal funds allocated by the state board of education under
division (B) of section 3313.813 of the Revised Code and shall
comply with the state board's standards adopted under that
division.
(E) The governing authority of any community school required
to establish a breakfast program under this section or that elects
to participate in a breakfast program pursuant to the "National
School Lunch Act" and the "Child Nutrition Act of 1966" may offer
breakfast to pupils in their classrooms during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the governing authority of
each community school required to establish a breakfast program
under this section or that elects to participate in a breakfast
program pursuant to the "National School Lunch Act" and the "Child
Nutrition Act of 1966" shall provide a breakfast free of charge to
each pupil who is eligible under federal requirements for a
reduced price breakfast.
(G) This section does not apply to internet- or
computer-based community schools.
Sec. 3319.076. No school district shall employ any classroom
teacher on or after July 1, 2013, to provide instruction in
physical education in any of
grades kindergarten through twelve
unless the teacher holds a
valid license issued pursuant to
sections 3319.22 and 3319.227 of
the Revised Code for teaching
physical education.
Sec. 3319.227. Not later than December 31, 2010, the state
board of education shall develop
certification requirements for
physical education teachers
pursuant to section 3319.22 of the
Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with division (A)(3) of section
3301.079 of the Revised Code and sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013,
3313.6014,
3313.6015,
3313.6016, 3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666,
3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.674,
3313.69,
3313.71,
3313.716,
3313.718,
3313.719, 3313.80,
3313.801, 3313.814, 3313.816, 3313.817, 3313.86,
3313.96,
3319.073,
3319.21, 3319.32,
3319.321, 3319.35,
3319.39,
3319.391, 3319.41,
3319.45,
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
102., 117.,
1347.,
2744.,
3307.,
3309.,
3365.,
3742.,
4112.,
4123.,
4141.,
and
4167. of
the
Revised Code
as if it were
a
school
district.
Sec. 3326.13. (A) Teachers employed by a science, technology,
engineering, and mathematics school shall be highly
qualified
teachers, as defined in section 3319.074 of the Revised
Code, and
shall be licensed
under sections 3319.22 to 3319.31 of
the
Revised Code and rules of
the state board of education
implementing those sections.
(B) No STEM school shall employ any classroom teacher on or
after July 1, 2013, to
provide instruction in physical education
unless the teacher holds
a valid license issued pursuant to
sections 3319.22 and 3319.227
of the Revised Code for teaching
physical education.
Section 2. That existing sections 3301.079, 3301.0714,
3302.02,
3302.03, 3313.603, 3313.813, 3313.814,
3314.03,
3314.18,
3326.11, and 3326.13 of the
Revised Code are hereby
repealed.
Section 3. The amendment or enactment by this act of
sections 3313.814, 3313.816, and 3313.817 of the Revised Code and
the amendments to sections 3314.03 and 3326.11 of the Revised Code
that insert "3313.814, 3313.816, 3313.817," take effect the first
day of July following the effective date of this section.
Section 4. (A) Any school district or public or chartered
nonpublic school that, prior to the effective date of this act,
entered into a contract with a producer or distributor of a food
or beverage
that requires the sale of the food or beverage to
students in
violation of sections 3313.814, 3313.816, or 3313.817
of the
Revised Code, as amended or enacted by this act, after the
effective date of those sections shall not be
required to comply
with those sections until the expiration of the
contract. Any
renewal of that contract shall comply with those
sections.
(B) Any contract between a school district or public or
chartered nonpublic school and a producer or distributor of a food
or beverage that is entered into between the effective date of
this act and the first day of July following that date shall
comply with sections 3313.814,
3313.816, and 3313.817 of the
Revised Code, as amended or enacted
by this act, with respect to
the school year beginning that first day of July and any
subsequent school year covered by the contract.
Section 5. Within thirty days after the effective date of
this section, the Governor, the President of the Senate, and the
Speaker of the
House of Representatives shall appoint members to
the Healthy
Choices for Healthy Children Council established by
section
3301.92 of the Revised Code, as enacted by this act.
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