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Am. Sub. H. B. No. 555 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stebelton, Butler
Cosponsors:
Representatives Slaby, Hackett, McGregor, Adams, J., Amstutz, Buchy, Wachtmann Speaker Batchelder
Senators Eklund, Jones, Lehner, Niehaus, Sawyer, Wagoner
A BILL
To amend sections 3301.079, 3301.0710, 3301.0711,
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,
3302.03, 3302.033, 3302.04, 3302.041, 3302.05,
3302.10, 3302.12, 3302.20, 3302.21, 3310.03,
3310.06, 3311.741, 3311.80, 3313.473, 3313.608,
3314.011, 3314.012, 3314.013, 3314.015, 3314.016,
3314.02, 3314.05, 3314.35, 3314.36, 3314.37,
3317.081, 3319.11, 3319.111, 3319.112, 3319.58,
3326.03, 3333.041, 3333.048, 3333.391, 5910.01,
5910.02, and 5919.34; to enact sections 3302.034,
3310.16, 3314.017, 3314.351, 3314.361, and 5910.07
of the Revised Code; and to amend Section
267.10.90 of Am. Sub. H.B. 153 of the 129th
General Assembly, as subsequently amended, to
create a new academic performance rating system
for public schools; to require an alternative
rating system for community schools with dropout
prevention and recovery programs; to create a new
evaluation process for community school sponsors;
to abolish the Ohio Accountability Task Force to
make changes in the third grade reading guarantee;
to modify the procedure for approving the opening
of new Internet- or computer-based community
schools; to make changes in the War Orphans
Scholarship and Ohio National Guard Scholarship
programs; and to make other changes to education
laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.079, 3301.0710, 3301.0711,
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021, 3302.03,
3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12, 3302.20,
3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473, 3313.608,
3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.02,
3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11, 3319.111,
3319.112, 3319.58, 3326.03, 3333.041, 3333.048, 3333.391, 5910.01,
5910.02, and 5919.34 be amended and sections 3302.034, 3310.16,
3314.017, 3314.351, 3314.361, and 5910.07 of the Revised Code be
enacted to read as follows:
Sec. 3301.079. (A)(1) The state board of education
periodically 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.
(a) The standards shall specify the following:
(i) 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;
(ii) The development of skill sets that promote information,
media, and technological literacy;
(iii) Interdisciplinary, project-based, real-world learning
opportunities.
(b) Not later than July 1, 2012, the state board shall
incorporate into the social studies standards for grades four to
twelve academic content regarding the original texts of the
Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and
their original context. The state board shall revise the model
curricula and achievement assessments adopted under divisions (B)
and (C) of this section as necessary to reflect the additional
American history and American government content. The state board
shall make available a list of suggested grade-appropriate
supplemental readings that place the documents prescribed by this
division in their historical context, which teachers may use as a
resource to assist students in reading the documents within that
context.
(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 technology, financial literacy
and entrepreneurship, fine arts, and foreign language for grades
kindergarten through twelve. The standards shall meet the same
requirements prescribed in division (A)(1)(a) 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.
The department of education 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)(1) 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.
(2) Not later than June 30, 2013, the state board, in
consultation with any office housed in the governor's office that
deals with workforce development, shall adopt model curricula for
grades kindergarten through twelve that embed career connection
learning strategies into regular classroom instruction.
(3) 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 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
section.
(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 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
reading, writing, and mathematics and for grade three in English
language arts reading and writing. 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 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 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) Whenever the state board adopts standards or model
curricula under this section, the department also shall provide
information on the use of blended or digital learning in the
delivery of the standards or curricula to students in accordance
with division (A)(4) of this section.
(H) 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.
(I) Not later than forty-five days prior to the adoption by
the state board of updated academic standards under division
(A)(1) of this section or updated model curricula under division
(B)(1) 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.
(J) As used in this section:
(1) "Blended learning" means the delivery of instruction in a
combination of time in a supervised physical location away from
home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning.
(2) "Coherence" means a reflection of the structure of the
discipline being taught.
(3) "Digital learning" means learning facilitated by
technology that gives students some element of control over time,
place, path, or pace of learning.
(4) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(5) "Rigor" means more challenging and demanding when
compared to international standards.
(6) "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. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to assess student
achievement. The state board shall ensure that all assessments
administered under the program are aligned with the academic
standards and model curricula adopted by the state board and are
created with input from Ohio parents, Ohio classroom teachers,
Ohio school administrators, and other Ohio school personnel
pursuant to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that
students who receive a high school diploma demonstrate at least
high school levels of achievement in English language arts,
mathematics, science, and social studies.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of third grade;
(b) Two Three statewide achievement assessments, one each
designed to measure the level of English language arts and,
mathematics, and social studies skill expected at the end of
fourth grade;
(c) Four Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and science, and social studies skill expected at the
end of fifth grade;
(d) Two Three statewide achievement assessments, one each
designed to measure the level of English language arts and,
mathematics, and social studies skill expected at the end of sixth
grade;
(e) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of seventh grade;
(f) Four Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and science, and social studies skill expected at the
end of eighth grade.
(2) The state board shall determine and designate at least
three five ranges of scores on each of the achievement assessments
described in divisions (A)(1) and (B)(1) of this section. Each
range of scores shall be deemed to demonstrate a level of
achievement so that any student attaining a score within such
range has achieved one of the following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(c)(d) A basic level of skill;
(e) A limited level of skill.
(3) For the purpose of implementing division (A) of section
3313.608 of the Revised Code, the state board shall determine and
designate a level of achievement, not lower than the level
designated in division (A)(2)(c)(e) of this section, on the third
grade English language arts assessment for a student to be
promoted to the fourth grade. The state board shall review and
adjust upward the level of achievement designated under this
division each year the test is administered until the level is set
equal to the level designated in division (A)(2)(b)(c) of this
section.
(B)(1) The assessments prescribed under division (B)(1) of
this section shall collectively be known as the Ohio graduation
tests. The state board shall prescribe five statewide high school
achievement assessments, one each designed to measure the level of
reading, writing, mathematics, science, and social studies skill
expected at the end of tenth grade. The state board shall
designate a score in at least the range designated under division
(A)(2)(b)(c) of this section on each such assessment that shall be
deemed to be a passing score on the assessment as a condition
toward granting high school diplomas under sections 3313.61,
3313.611, 3313.612, and 3325.08 of the Revised Code until the
assessment system prescribed by section 3301.0712 of the Revised
Code is implemented in accordance with rules adopted by the state
board under division (D) of that section.
(2) The state board shall prescribe an assessment system in
accordance with section 3301.0712 of the Revised Code that shall
replace the Ohio graduation tests in the manner prescribed by
rules adopted by the state board under division (D) of that
section.
(3) The state board may enter into a reciprocal agreement
with the appropriate body or agency of any other state that has
similar statewide achievement assessment requirements for
receiving high school diplomas, under which any student who has
met an achievement assessment requirement of one state is
recognized as having met the similar requirement of the other
state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in
this state who has met an achievement assessment requirement
specified in a reciprocal agreement entered into under this
division shall be deemed to have attained at least the applicable
score designated under this division on each assessment required
by division (B)(1) or (2) of this section that is specified in the
agreement.
(C) The superintendent of public instruction shall designate
dates and times for the administration of the assessments
prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this
division, the superintendent shall designate the dates in such a
way as to allow a reasonable length of time between the
administration of assessments prescribed under this section and
any administration of the national assessment of educational
progress given to students in the same grade level pursuant to
section 3301.27 of the Revised Code or federal law.
(D) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B)(1) of this
section that is of comparable length to the actual test.
(E) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the
assessments described by this section shall inform the state board
of the probable percentage of students who would score in each of
the ranges established under division (A)(2) of this section on
the assessments if the committee's recommendations are adopted by
the state board. To the extent possible, these percentages shall
be disaggregated by gender, major racial and ethnic groups,
limited English proficient students, economically disadvantaged
students, students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate assessment scores based upon the
recommendations of the task force.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish to, grade, and score all assessments
required by divisions (A)(1) and (B)(1) of section 3301.0710 of
the Revised Code to be administered by city, local, exempted
village, and joint vocational school districts, except that each
district shall score any assessment administered pursuant to
division (B)(10) of this section. Each assessment so furnished
shall include the data verification code of the student to whom
the assessment will be administered, as assigned pursuant to
division (D)(2) of section 3301.0714 of the Revised Code. In
furnishing the practice versions of Ohio graduation tests
prescribed by division (D) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.
(2) Adopt rules for the ethical use of assessments and
prescribing the manner in which the assessments prescribed by
section 3301.0710 of the Revised Code shall be administered to
students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the English language arts assessments
prescribed under division (A)(1)(a) of section 3301.0710 of the
Revised Code twice annually to all students in the third grade who
have not attained the score designated for that assessment under
division (A)(2)(b)(c) of section 3301.0710 of the Revised Code.
(2) Administer the mathematics assessment prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code at
least once annually to all students in the third grade.
(3) Administer the assessments prescribed under division
(A)(1)(b) of section 3301.0710 of the Revised Code at least once
annually to all students in the fourth grade.
(4) Administer the assessments prescribed under division
(A)(1)(c) of section 3301.0710 of the Revised Code at least once
annually to all students in the fifth grade.
(5) Administer the assessments prescribed under division
(A)(1)(d) of section 3301.0710 of the Revised Code at least once
annually to all students in the sixth grade.
(6) Administer the assessments prescribed under division
(A)(1)(e) of section 3301.0710 of the Revised Code at least once
annually to all students in the seventh grade.
(7) Administer the assessments prescribed under division
(A)(1)(f) of section 3301.0710 of the Revised Code at least once
annually to all students in the eighth grade.
(8) Except as provided in division (B)(9) of this section,
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and at
least twice annually to all students in eleventh or twelfth grade
who have not yet attained the score on that assessment designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such assessment, at any
time such assessment is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code at least twice annually to
any student enrolled in the joint vocational school district who
has not yet attained the score on that assessment designated under
that division. A board of a joint vocational school district may
also administer such an assessment to any student described in
division (B)(8)(b) of this section.
(10) If the district has been declared to be under an
academic watch or in a state of academic emergency pursuant to
section 3302.03 of the Revised Code or has a three-year average
graduation rate of not more than seventy-five per cent, administer
each assessment prescribed by division (D) of section 3301.0710 of
the Revised Code in September to all ninth grade students,
beginning in the school year that starts July 1, 2005.
Except as provided in section 3313.614 of the Revised Code
for administration of an assessment to a person who has fulfilled
the curriculum requirement for a high school diploma but has not
passed one or more of the required assessments, the assessments
prescribed under division (B)(1) of section 3301.0710 of the
Revised Code and the practice assessments prescribed under
division (D) of that section and required to be administered under
divisions (B)(8), (9), and (10) of this section shall not be
administered after the assessment system prescribed by division
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised
Code is implemented under rule of the state board adopted under
division (D)(1) of section 3301.0712 of the Revised Code.
(11) Administer the assessments prescribed by division (B)(2)
of section 3301.0710 and section 3301.0712 of the Revised Code in
accordance with the timeline and plan for implementation of those
assessments prescribed by rule of the state board adopted under
division (D)(1) of section 3301.0712 of the Revised Code.
(C)(1)(a) In the case of a student receiving special
education services under Chapter 3323. of the Revised Code, the
individualized education program developed for the student under
that chapter shall specify the manner in which the student will
participate in the assessments administered under this section.
The individualized education program may excuse the student from
taking any particular assessment required to be administered under
this section if it instead specifies an alternate assessment
method approved by the department of education as conforming to
requirements of federal law for receipt of federal funds for
disadvantaged pupils. To the extent possible, the individualized
education program shall not excuse the student from taking an
assessment unless no reasonable accommodation can be made to
enable the student to take the assessment.
(b) Any alternate assessment approved by the department for a
student under this division shall produce measurable results
comparable to those produced by the assessment it replaces in
order to allow for the student's results to be included in the
data compiled for a school district or building under section
3302.03 of the Revised Code.
(c) Any student enrolled in a chartered nonpublic school who
has been identified, based on an evaluation conducted in
accordance with section 3323.03 of the Revised Code or section 504
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused
from taking any particular assessment required to be administered
under this section if a plan developed for the student pursuant to
rules adopted by the state board excuses the student from taking
that assessment. In the case of any student so excused from taking
an assessment, the chartered nonpublic school shall not prohibit
the student from taking the assessment.
(2) A district board may, for medical reasons or other good
cause, excuse a student from taking an assessment administered
under this section on the date scheduled, but that assessment
shall be administered to the excused student not later than nine
days following the scheduled date. The district board shall
annually report the number of students who have not taken one or
more of the assessments required by this section to the state
board of education not later than the thirtieth day of June.
(3) As used in this division, "limited English proficient
student" has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular assessment required
to be administered under this section, except that any limited
English proficient student who has been enrolled in United States
schools for less than one full school year shall not be required
to take any reading, writing, or English language arts assessment.
However, no board shall prohibit a limited English proficient
student who is not required to take an assessment under this
division from taking the assessment. A board may permit any
limited English proficient student to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department. For each limited
English proficient student, each school district shall annually
assess that student's progress in learning English, in accordance
with procedures approved by the department.
The governing authority of a chartered nonpublic school may
excuse a limited English proficient student from taking any
assessment administered under this section. However, no governing
authority shall prohibit a limited English proficient student from
taking the assessment.
(D)(1) In the school year next succeeding the school year in
which the assessments prescribed by division (A)(1) or (B)(1) of
section 3301.0710 of the Revised Code or former division (A)(1),
(A)(2), or (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001, are administered to any
student, the board of education of any school district in which
the student is enrolled in that year shall provide to the student
intervention services commensurate with the student's performance,
including any intensive intervention required under section
3313.608 of the Revised Code, in any skill in which the student
failed to demonstrate at least a score at the proficient level on
the assessment.
(2) Following any administration of the assessments
prescribed by division (D) of section 3301.0710 of the Revised
Code to ninth grade students, each school district that has a
three-year average graduation rate of not more than seventy-five
per cent shall determine for each high school in the district
whether the school shall be required to provide intervention
services to any students who took the assessments. In determining
which high schools shall provide intervention services based on
the resources available, the district shall consider each school's
graduation rate and scores on the practice assessments. The
district also shall consider the scores received by ninth grade
students on the English language arts and mathematics assessments
prescribed under division (A)(1)(f) of section 3301.0710 of the
Revised Code in the eighth grade in determining which high schools
shall provide intervention services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose results indicate that the student is failing to make
satisfactory progress toward being able to attain scores at the
proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division (M) of this section, no school district board of
education shall utilize any student's failure to attain a
specified score on an assessment administered under this section
as a factor in any decision to deny the student promotion to a
higher grade level. However, a district board may choose not to
promote to the next grade level any student who does not take an
assessment administered under this section or make up an
assessment as provided by division (C)(2) of this section and who
is not exempt from the requirement to take the assessment under
division (C)(3) of this section.
(F) No person shall be charged a fee for taking any
assessment administered under this section.
(G)(1) Each school district board shall designate one
location for the collection of assessments administered in the
spring under division (B)(1) of this section and those
administered under divisions (B)(2) to (7) of this section. Each
district board shall submit the assessments to the entity with
which the department contracts for the scoring of the assessments
as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the assessments have been administered;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the assessments have been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the assessments have been administered.
However, any assessment that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the assessment.
(2) The department or an entity with which the department
contracts for the scoring of the assessment shall send to each
school district board a list of the individual scores of all
persons taking an assessment prescribed by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code within sixty days
after its administration, but in no case shall the scores be
returned later than the fifteenth day of June following the
administration. For assessments administered under this section by
a joint vocational school district, the department or entity shall
also send to each city, local, or exempted village school district
a list of the individual scores of any students of such city,
local, or exempted village school district who are attending
school in the joint vocational school district.
(H) Individual scores on any assessments administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the rules
adopted under division (A) of this section. No district board or
its employees shall utilize individual or aggregate results in any
manner that conflicts with rules for the ethical use of
assessments adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section, the
department or an entity with which the department contracts for
the scoring of the assessment shall not release any individual
scores on any assessment administered under this section. The
state board of education shall adopt rules to ensure the
protection of student confidentiality at all times. The rules may
require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.
(J) Notwithstanding division (D) of section 3311.52 of the
Revised Code, this section does not apply to the board of
education of any cooperative education school district except as
provided under rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code may
enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending
school in the cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an agreement
with the cooperative district that provides for the administration
of any assessment prescribed under this section to both of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this section.
Any assessment of students pursuant to such an agreement
shall be in lieu of any assessment of such students or persons
pursuant to this section.
(K)(1) As a condition of compliance with section 3313.612 of
the Revised Code, each chartered nonpublic school that educates
students in grades nine through twelve shall administer the
assessments prescribed by divisions (B)(1) and (2) of section
3301.0710 of the Revised Code. Any chartered nonpublic school may
participate in the assessment program by administering any of the
assessments prescribed by division (A) of section 3301.0710 of the
Revised Code. The chief administrator of the school shall specify
which assessments the school will administer. Such specification
shall be made in writing to the superintendent of public
instruction prior to the first day of August of any school year in
which assessments are administered and shall include a pledge that
the nonpublic school will administer the specified assessments in
the same manner as public schools are required to do under this
section and rules adopted by the department.
(2) The department of education shall furnish the assessments
prescribed by section 3301.0710 or 3301.0712 of the Revised Code
to each chartered nonpublic school that participates under this
division.
(L)(1) The superintendent of the state school for the blind
and the superintendent of the state school for the deaf shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code. Each superintendent shall
administer the assessments in the same manner as district boards
are required to do under this section and rules adopted by the
department of education and in conformity with division (C)(1)(a)
of this section.
(2) The department of education shall furnish the assessments
described by sections 3301.0710 and 3301.0712 of the Revised Code
to each superintendent.
(M) Notwithstanding division (E) of this section, a school
district may use a student's failure to attain a score in at least
the proficient range on the mathematics assessment described by
division (A)(1)(a) of section 3301.0710 of the Revised Code or on
an assessment described by division (A)(1)(b), (c), (d), (e), or
(f) of section 3301.0710 of the Revised Code as a factor in
retaining that student in the current grade level.
(N)(1) In the manner specified in divisions (N)(3) and (4) of
this section, the assessments required by division (A)(1) of
section 3301.0710 of the Revised Code shall become public records
pursuant to section 149.43 of the Revised Code on the first day of
July following the school year that the assessments were
administered.
(2) The department may field test proposed questions with
samples of students to determine the validity, reliability, or
appropriateness of questions for possible inclusion in a future
year's assessment. The department also may use anchor questions on
assessments to ensure that different versions of the same
assessment are of comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing scores for individual students. Field test
questions and anchor questions may be included as part of the
administration of any assessment required by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code.
(3) Any field test question or anchor question administered
under division (N)(2) of this section shall not be a public
record. Such field test questions and anchor questions shall be
redacted from any assessments which are released as a public
record pursuant to division (N)(1) of this section.
(4) This division applies to the assessments prescribed by
division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each assessment, as specified
in former section 3301.0712 of the Revised Code, shall be a public
record.
(b) For subsequent administrations of each assessment prior
to the 2011-2012 school year, not less than forty per cent of the
questions on the assessment that are used to compute a student's
score shall be a public record. The department shall determine
which questions will be needed for reuse on a future assessment
and those questions shall not be public records and shall be
redacted from the assessment prior to its release as a public
record. However, for each redacted question, the department shall
inform each city, local, and exempted village school district of
the statewide academic standard adopted by the state board of
education under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The
preceding sentence does not apply to field test questions that are
redacted under division (N)(3) of this section.
(c) The administrations of each assessment in the 2011-2012
school year and later shall not be a public record.
(5) Each assessment prescribed by division (B)(1) of section
3301.0710 of the Revised Code shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state 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 and the county of
residence for a student. Nothing in this section prohibits the
state board of education or department of education from providing
a student's county of residence to the department of taxation to
facilitate the distribution of tax revenue.
(2)(a) 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. The assignment of data
verification codes for other entities, as described in division
(D)(2)(c) of this section, the use of those codes, and the
reporting and use of associated individual student data shall be
coordinated by the department in accordance with state and federal
law.
School districts shall report individual student data to the
department through the information technology centers utilizing
the code. The entities described in division (D)(2)(c) of this
section shall report individual student data to the department in
the manner prescribed by the department.
Except as provided in sections 3301.941, 3310.11, 3310.42,
3310.63, 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.
(b) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize the
same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section 3321.01
of the Revised Code, including the directors of health, job and
family services, mental health, and developmental disabilities,
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 those services.
(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)(H) 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. 3301.0715. (A) Except as otherwise required under
division (B)(1) of section 3313.608 of the Revised Code, the board
of education of each city, local, and exempted village school
district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079 of the Revised Code to the following:
(1) Each student enrolled in a building that has failed to
make adequate yearly progress for two or more consecutive school
years;
(2) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student.
(3)(2) Each kindergarten student, not earlier than four weeks
prior to the first day of school and not later than the first day
of October. For the purpose of division (A)(3)(2) of this section,
the district shall administer the kindergarten readiness
assessment provided by the department of education. In no case
shall the results of the readiness assessment be used to prohibit
a student from enrolling in kindergarten.
(4)(3) Each student enrolled in first or, second, or third
grade.
(B) Each district board shall administer each diagnostic
assessment as when the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Any district that received an excellent or effective
rating for the immediately preceding school year, pursuant to
section 3302.03 of the Revised Code as it existed prior to the
effective date of this amendment or the equivalent of such rating
as determined by the department of education, may use different
diagnostic assessments from those adopted under division (D) of
section 3301.079 of the Revised Code in order to satisfy the
requirements of division (A)(2) of this section.
(D) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the
student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit to the department, in the manner
the department prescribes, the results of the diagnostic
assessments administered under this section, regardless of the
type of assessment used under section 3313.608 of the Revised
Code. The department may issue reports with respect to the data
collected.
(D)(E) Each district board shall provide intervention
services to students whose diagnostic assessments show that they
are failing to make satisfactory progress toward attaining the
academic standards for their grade level.
(E) As used in this section, "adequate yearly progress" has
the same meaning as in section 3302.01 of the Revised Code.
Sec. 3302.01. As used in this chapter:
(A) "Performance index score" means the average of the totals
derived from calculations for each subject area of English
language arts, mathematics, science, and social studies of the
weighted proportion of untested students and students scoring at
each level of skill described in division (A)(2) of section
3301.0710 of the Revised Code on the assessments prescribed by
divisions (A) and (B)(1) of that section. The department of
education shall assign weights such that students who do not take
an assessment receive a weight of zero and students who take an
assessment receive progressively larger weights dependent upon the
level of skill attained on the assessment. The department shall
also determine the performance index score a school district or
building needs to achieve for the purpose of the performance
ratings assigned pursuant to section 3302.03 assign additional
weights to students who have been permitted to pass over a subject
in accordance with a student acceleration policy adopted under
section 3324.10 of the Revised Code. If such a student attains the
proficient score prescribed under division (A)(2)(c) of section
3301.0710 of the Revised Code or higher on an assessment, the
department shall assign the student the weight prescribed for the
next higher scoring level. If such a student attains the advanced
score, prescribed under division (A)(2)(a) of section 3301.0710 of
the Revised Code, on an assessment, the department shall assign to
the student an additional proportional weight, as approved by the
state board. For each school year that such a student's score is
included in the performance index score and the student attains
the proficient score on an assessment, that additional weight
shall be assigned to the student on a subject-by-subject basis.
Students shall be included in the "performance index score"
in accordance with division (D)(K)(2) of section 3302.03 of the
Revised Code.
(B) "Subgroup" means a subset of the entire student
population of the state, a school district, or a school building
and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students;
(5) Students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code. For students who are gifted in specific
academic ability fields, the department shall use data for those
students with specific academic ability in math and reading. If
any other academic field is assessed, the department shall also
include data for students with specific academic ability in that
field.
(6) Students in the lowest quintile for achievement
statewide, as determined by a method prescribed by the state board
of education.
(C) "No Child Left Behind Act of 2001" includes the statutes
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,
rules and regulations promulgated pursuant to those statutes,
guidance documents, and any other policy directives regarding
implementation of that act issued by the United States department
of education.
(D) "Adequate yearly progress" means a measure of annual
academic performance as calculated in accordance with the "No
Child Left Behind Act of 2001."
(E) "Supplemental educational services" means additional
academic assistance, such as tutoring, remediation, or other
educational enrichment activities, that is conducted outside of
the regular school day by a provider approved by the department in
accordance with the "No Child Left Behind Act of 2001."
(F) "Value-added progress dimension" means a measure of
academic gain for a student or group of students over a specific
period of time that is calculated by applying a statistical
methodology to individual student achievement data derived from
the achievement assessments prescribed by section 3301.0710 of the
Revised Code.
The "value-added progress dimension" shall be
developed and implemented in accordance with section 3302.021 of
the Revised Code.
(G)(1) "Four-year adjusted cohort graduation rate" means the
number of students who graduate in four years or less with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the graduating class.
(2) "Five-year adjusted cohort graduation rate" means the
number of students who graduate in five years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate.
(H) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(I) "Annual measurable objectives" means a measure of student
progress determined in accordance with an agreement between the
department of education and the United States department of
education.
Sec. 3302.02. Not later than one year after the adoption of
rules under division (D) of section 3301.0712 of the Revised Code
and at least every sixth year thereafter, upon recommendations of
the superintendent of public instruction, the state board of
education shall establish a set of performance indicators that
considered as a unit will be used as one of the performance
categories for the report cards required by division (C) of
section 3302.03 of the Revised Code. In establishing these
indicators, the superintendent shall consider inclusion of student
performance on assessments prescribed under section 3301.0710 or
3301.0712 of the Revised Code, rates of student improvement on
such assessments, student attendance, the breadth of coursework
available within the district, and other indicators of student
success. Not later than December 31, 2011, the state board, upon
recommendation of the superintendent, shall establish a
Beginning with the report card for the 2014-2015 school year,
the performance indicator reflecting indicators shall include an
indicator that reflects the level of services provided to, and the
performance of, students identified as gifted under Chapter 3324.
of the Revised Code.
The indicator shall include the performance
of students identified as gifted on state assessments and
value-added growth measure disaggregated for students identified
as gifted.
For the 2013-2014 school year, except as otherwise provided
in this section, for any indicator based on the percentage of
students attaining a proficient score on the assessments
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the
Revised Code, a school district or building shall be considered to
have met the indicator if at least eighty per cent of the tested
students attain a score of proficient or higher on the assessment.
A school district or building shall be considered to have met the
indicator for the assessments prescribed by division (B)(1) of
section 3301.0710 of the Revised Code and only as administered to
eleventh grade students, if at least eighty-five per cent of the
tested students attain a score of proficient or higher on the
assessment. Not later than July 1, 2014, the state board may adopt
rules, under Chapter 119. of the Revised Code, to establish
different proficiency percentages to meet each indicator that is
based on a state assessment for the 2014-2015 school year and
thereafter.
The superintendent shall inform the Ohio accountability task
force established under section 3302.021 of the Revised Code of
the performance indicators the superintendent establishes under
this section and the rationale for choosing each indicator and for
determining how a school district or building meets that
indicator.
The superintendent shall not establish any performance
indicator for passage of the third or fourth grade English
language arts assessment that is solely based on the assessment
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. 3302.021. (A) Not earlier than July 1, 2005, and not
later than July 1, 2007, the department of education shall
implement a value-added progress dimension for school districts
and buildings and shall incorporate the value-added progress
dimension into the report cards and performance ratings issued for
districts and buildings under section 3302.03 of the Revised Code.
The state board of education shall adopt rules, pursuant to
Chapter 119. of the Revised Code, for the implementation of the
value-added progress dimension. In adopting rules, the state board
shall consult with the Ohio accountability task force established
under division (E) of this section. The rules adopted under this
division shall specify both of the following:
(1) A scale for describing the levels of academic progress in
reading and mathematics relative to a standard year of academic
growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of
individual student test scores and individual student reports in
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the
Revised Code and federal law. The department may require school
districts to use a unique identifier for each student for this
purpose. Individual student test scores and individual student
reports shall be made available only to a student's classroom
teacher and other appropriate educational personnel and to the
student's parent or guardian.
(B) The department shall use a system designed for collecting
necessary data, calculating the value-added progress dimension,
analyzing data, and generating reports, which system has been used
previously by a nonprofit organization led by the Ohio business
community for at least one year in the operation of a pilot
program in cooperation with school districts to collect and report
student achievement data via electronic means and to provide
information to the districts regarding the academic performance of
individual students, grade levels, school buildings, and the
districts as a whole.
(C) The department shall not pay more than two dollars per
student for data analysis and reporting to implement the
value-added progress dimension in the same manner and with the
same services as under the pilot program described by division (B)
of this section. However, nothing in this section shall preclude
the department or any school district from entering into a
contract for the provision of more services at a higher fee per
student. Any data analysis conducted under this section by an
entity under contract with the department shall be completed in
accordance with timelines established by the superintendent of
public instruction.
(D) The department shall share any aggregate student data and
any calculation, analysis, or report utilizing aggregate student
data that is generated under this section with the chancellor of
the Ohio board of regents. The department shall not share
individual student test scores and individual student reports with
the chancellor.
(E)(1) There is hereby established the Ohio accountability
task force. The task force shall consist of the following thirteen
members:
(a) The chairpersons and ranking minority members of the
house of representatives and senate standing committees primarily
responsible for education legislation, who shall be nonvoting
members;
(b) One representative of the governor's office, appointed by
the governor;
(c) The superintendent of public instruction, or the
superintendent's designee;
(d) One representative of teacher employee organizations
formed pursuant to Chapter 4117. of the Revised Code, appointed by
the speaker of the house of representatives;
(e) One representative of school district boards of
education, appointed by the president of the senate;
(f) One school district superintendent, appointed by the
speaker of the house of representatives;
(g) One representative of business, appointed by the
president of the senate;
(h) One representative of a nonprofit organization led by the
Ohio business community, appointed by the governor;
(i) One school building principal, appointed by the president
of the senate;
(j) A member of the state board of education, appointed by
the speaker of the house of representatives.
Initial appointed members of the task force shall serve until
January 1, 2005. Thereafter, terms of office for appointed members
shall be for two years, each term ending on the same day of the
same month as did the term that it succeeds. Each appointed member
shall hold office from the date of appointment until the end of
the term for which the member was appointed. Members may be
reappointed. Vacancies shall be filled in the same manner as the
original appointment. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of that term.
The task force shall select from among its members a
chairperson. The task force shall meet at least once each calendar
year and at other times upon the call of the chairperson to
conduct its business. Members of the task force shall serve
without compensation.
(2) The task force shall do all of the following:
(a) Examine the implementation of the value-added progress
dimension by the department, including the system described in
division (B) of this section, the reporting of performance data to
school districts and buildings, and the provision of professional
development on the interpretation of the data to classroom
teachers and administrators;
(b) Periodically review any fees for data analysis and
reporting paid by the department pursuant to division (C) of this
section and determine if the fees are appropriate based upon the
level of services provided;
(c) Periodically report to the department and the state board
on all issues related to the school district and building
accountability system established under this chapter;
(d) Not later than seven years after its initial meeting,
make recommendations to improve the school district and building
accountability system established under this chapter. The task
force shall adopt recommendations by a majority vote of its
members. Copies of the recommendations shall be provided to the
state board, the governor, the speaker of the house of
representatives, and the president of the senate.
(e) Determine starting dates for the implementation of the
value-added progress dimension and its incorporation into school
district and building report cards and performance ratings.
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 division (B)(6) of this
section:
(1) A school district or building shall be declared excellent
if it meets at least ninety-four 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 two or more of the same subgroups for
three or more consecutive years, it shall be declared effective.
(2) A school district or building shall be declared effective
if it 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, except that if it does not make adequate yearly
progress for two or more of the same subgroups for three or more
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) Division (B)(6) 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) Annually, not later than the fifteenth day of September
or the preceding Friday when that day falls on a Saturday or
Sunday, the department of education shall assign a letter grade
for overall academic performance and for each separate performance
measure for each school district, and each school building in a
district, in accordance with this section. The state board shall
adopt rules pursuant to Chapter 119. of the Revised Code to
establish performance criteria for each letter grade and prescribe
a method by which the department assigns each letter grade. For a
school building to which any of the performance measures do not
apply, due to grade levels served by the building, the state board
shall designate the performance measures that are applicable to
the building and that must be calculated separately and used to
calculate the building's overall grade. The department shall issue
annual report cards reflecting the performance of each school
district, each building within each district, and for the state as
a whole using the performance measures and letter grade system
described in this section. The department shall include on the
report card for each district and each building within each
district the most recent two-year trend data in student
achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as adopted by the
state board. In adopting benchmarks for assigning letter grades
under division (A)(1)(b) of this section, the state board of
education shall designate ninety per cent or higher for an "A," at
least seventy per cent but not more than eighty per cent for a
"C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.02 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (A)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the
department shall designate a four-year adjusted cohort graduation
rate of ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an
"A."
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available. The letter grade assigned for this growth measure shall
be as follows:
(i) A score that is at least two standard errors of measure
above the mean score shall be designated as an "A."
(ii) A score that is at least one standard error of measure
but less than two standard errors of measure above the mean score
shall be designated as a "B."
(iii) A score that is less than one standard error of measure
above the mean score but greater than or equal to one standard
error of measure below the mean score shall be designated as a
"C."
(iv) A score that is not greater than one standard error of
measure below the mean score but is greater than or equal to two
standard errors of measure below the mean score shall be
designated as a "D."
(v) A score that is not greater than two standard errors of
measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a
graded performance measure, whether as an overall measure or as a
measure of separate subgroups, the grades for the measure shall be
calculated in the same manner as prescribed in division (A)(1)(e)
of this section.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted, students with
disabilities, and students whose performance places them in the
lowest quintile for achievement on a statewide basis. Each
subgroup shall be a separate graded measure.
(2) Not later than April 30, 2013, the state board of
education shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and, not later than June 30, 2013, shall adopt rules in
accordance with Chapter 119. of the Revised Code that prescribe
the methods by which the performance measures under division
(A)(1) of this section shall be assessed and assigned a letter
grade, including performance benchmarks for each letter grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school
district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (B)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (B)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis. Each subgroup shall be a
separate graded measure.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to districts and buildings for purposes of
division (B)(1)(j) of this section. In adopting benchmarks for
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of
this section, the state board shall determine progress made based
on the reduction in the percentage of students scoring below grade
level, or below proficient, compared from year to year on the
English language arts diagnostic assessments administered under
section 3301.0715 of the Revised Code and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The state board shall designate for a "C"
grade a value that is not lower than the statewide average value
for this measure. No grade shall be issued under divisions
(B)(1)(g) and (C)(1)(j) of this section for a district or building
in which less than five per cent of students have scored below
grade level on the diagnostic assessment administered to students
in kindergarten under division (B)(1) of section 3313.608 of the
Revised Code.
(2) In addition to the graded measures in division (B)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(b) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
programs, such as the post-secondary enrollment options program
under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or
statewide articulation, that appear on a student's transcript or
other official document, either of which is issued by the
institution of higher education from which the student earned the
college credit. The credits earned that are reported under
divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(c) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with standards adopted under division (F) of section 3345.061 of
the Revised Code;
(d) The percentage of the district's or the building's
students who receive industry credentials. The state board shall
adopt criteria for acceptable industry credentials.
(e) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students
who receive an honors diploma under division (B) of section
3313.61 of the Revised Code.
(3) Not later than December 31, 2013, the state board shall
adopt rules in accordance with Chapter 119. of the Revised Code
that prescribe the methods by which the performance measures under
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed
and assigned a letter grade, including performance benchmarks for
each grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (B)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(4) There shall not be an overall letter grade for a school
district or building for the 2013-2014 school year.
(C)(1) For the 2014-2015 school year and each school year
thereafter, the department shall issue grades as described in
division (E) of this section for each of the following performance
measures and an overall letter grade based on an aggregate of
those measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (C)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (C)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension, or another measure of student academic progress if
adopted by the state board, of a school district or building, for
which the department shall use up to three years of value-added
data as available.
In adopting benchmarks for assigning letter grades for
overall score on value-added progress dimension under division
(C)(1)(e) of this section, the state board shall prohibit the
assigning of a grade of "A" for that measure unless the district's
or building's grade assigned for value-added progress dimension
for all subgroups under division (C)(1)(i) of this section is a
"B" or higher.
For the metric prescribed by division (C)(1)(e) of this
section, the state board may adopt a student academic progress
measure to be used instead of the value-added progress dimension.
If the state board adopts such a measure, it also shall prescribe
a method for assigning letter grades for the new measure that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(f) The value-added progress dimension score of a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis, as determined by a method
prescribed by the state board. Each subgroup shall be a separate
graded measure.
The state board may adopt student academic progress measures
to be used instead of the value-added progress dimension. If the
state board adopts such measures, it also shall prescribe a method
for assigning letter grades for the new measures that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to a district or building for purposes of
division (C)(1)(j) of this section. The state board shall
designate for a "C" grade a value that is not lower than the
statewide average value for this measure. No grade shall be issued
under division (C)(1)(g) of this section for a district or
building in which less than five per cent of students have scored
below grade level on the kindergarten diagnostic assessment under
division (B)(1) of section 3313.608 of the Revised Code.
(2) In addition to the graded measures in division (C)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with the standards adopted under division (F) of section 3345.061
of the Revised Code;
(b) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(c) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
programs, such as the post-secondary enrollment options program
under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or
statewide articulation, that appear on a student's transcript or
other official document, either of which is issued by the
institution of higher education from which the student earned the
college credit. The credits earned that are reported under
divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(d) The percentage of the district's or building's students
who receive an honor's diploma under division (B) of section
3313.61 of the Revised Code;
(e) The percentage of the district's or building's students
who receive industry credentials;
(f) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations;
(g) The results of the college and career-ready assessments
administered under division (B)(1) of section 3301.0712 of the
Revised Code.
(3) The state board shall adopt rules pursuant to Chapter
119. of the Revised Code that establish a method to assign an
overall grade for a school district or school building for the
2014-2015 school year and each school year thereafter. The rules
shall group the performance measures in divisions (C)(1) and (2)
of this section into the following components:
(a) Gap closing, which shall include the performance measure
in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures
in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in
divisions (C)(1)(e) and (i) of this section;
(d) Graduation, which shall include the performance measure
in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall
include the performance measure in division (C)(1)(k) of this
section;
(f) Prepared for success, which shall include the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of
this section. The state board shall develop a method to determine
a grade for the component in division (C)(3)(f) of this section
using the performance measures in divisions (C)(2)(a), (b), (c),
(d), (e), and (f) of this section. When available, the state board
may incorporate the performance measure under division (C)(2)(g)
of this section into the component under division (C)(3)(f) of
this section. When determining the overall grade for the prepared
for success component prescribed by division (C)(3)(f) of this
section, no individual student shall be counted in more than one
performance measure. However, if a student qualifies for more than
one performance measure in the component, the state board may, in
its method to determine a grade for the component, specify an
additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the state board shall ensure that the
pool of students included in the performance measures aggregated
under that division are all of the students included in the four-
and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this section,
the state board shall adopt a method for determining a grade for
each component in divisions (C)(3)(a) to (f) of this section. The
state board also shall establish a method to assign an overall
grade of "A," "B," "C," "D," or "F" using the grades assigned for
each component. The method the state board adopts for assigning an
overall grade shall give equal weight to the components in
divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods for calculating the overall
grade for the report card, as required by this division, the
department shall conduct a public presentation before the standing
committees of the house of representatives and the senate that
consider education legislation describing the format for the
report card, weights that will be assigned to the components of
the overall grade, and the method for calculating the overall
grade.
(D) Not later than July 1, 2015, the state board shall
develop a measure of student academic progress for high school
students. Beginning with the report card for the 2015-2016 school
year, each school district and applicable school building shall be
assigned a separate letter grade for this measure and the
district's or building's grade for that measure shall be included
in determining the district's or building's overall letter grade.
This measure shall be included within the measure prescribed in
division (C)(2)(c) of this section in the calculation for the
overall letter grade.
(E) The letter grades assigned to a school district or
building under this section shall be as follows:
(1) "A" for a district or school making excellent progress;
(2) "B" for a district or school making above average
progress;
(3) "C" for a district or school making average progress;
(4) "D" for a district or school making below average
progress;
(5) "F" for a district or school failing to meet minimum
progress.
(F) When reporting data on student performance achievement
and progress, the department shall disaggregate that data
according to the following categories:
(a)(1) Performance of students by age group grade-level;
(b)(2) Performance of students by race and ethnic group;
(c)(3) Performance of students by gender;
(d)(4) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e)(5) 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)(6) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g)(7) Performance of students grouped by those who are
economically disadvantaged;
(h)(8) Performance of students grouped by those who are
enrolled in a conversion community school established under
Chapter 3314. of the Revised Code;
(i)(9) Performance of students grouped by those who are
classified as limited English proficient;
(j)(10) Performance of students grouped by those who have
disabilities;
(k)(11) Performance of students grouped by those who are
classified as migrants;
(l)(12) Performance of students grouped by those who are
identified as gifted in superior cognitive ability and the
specific academic ability fields of reading and math pursuant to
Chapter 3324. of the Revised Code. In disaggregating specific
academic ability fields for gifted students, the department shall
use data for those students with specific academic ability in math
and reading. If any other academic field is assessed, the
department shall also include data for students with specific
academic ability in that field as well.
(13) Performance of students grouped by those who perform in
the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the state board.
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)(F)(1) to (l)(13) of this section that it deems relevant.
In reporting data pursuant to division (C)(3)(F) 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)(F) of
this section that contains less than ten students. If the
department does not report student performance data for a group
because it contains less than ten students, the department shall
indicate on the report card that is why data was not reported.
(4)(G) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(5)(H) 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)(I) Division (C)(6)(I) of this section 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.
(a)(1) 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 determining
the performance of the district as a whole on the report card
issued for the district under this section or section 3302.033 of
the Revised Code.
(b)(2) 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 determining
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.
(c)(3) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors a community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may exercise either or both of the
following elections:
(i)(a) To have data regarding the academic performance of
students enrolled in that community school combined with
comparable data from the schools of the district for the purpose
of calculating determining the performance of the district as a
whole on the district's report card;
(ii)(b) To have the number of students attending that
community school noted separately on the district's report card.
The election authorized under division (C)(6)(c)(i)(I)(3)(a)
of this section is subject to approval by the governing authority
of the community school.
Any municipal school district that exercises an election to
combine or include data under division (C)(6)(c)(I)(3) of this
section, by the first day of October of each year, shall file with
the department documentation indicating eligibility for that
election, as required by the department.
(7)(J) 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.
(D)(K)(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 annual
measurable objectives for determining 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. 3302.033. The state board of education, in consultation
with the chancellor of the Ohio board of regents, any office
within the office of the governor concerning workforce
development, the Ohio association of career and technical
education, the Ohio association of city career-technical schools,
and the Ohio association of career-technical superintendents,
shall approve a report card for joint vocational school districts
and for other career-technical planning districts that are not
joint vocational school districts, which may contain disaggregated
data for each joint vocational school district, if applicable. The
state board shall submit details of the approved report card to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the standing
committees of the house of representatives and the senate
principally responsible for education policy. The department of
education annually shall issue a report card for each joint
vocational school district and other career-technical planning
district districts that are not joint vocational school districts,
beginning with report cards for the 2012-2013 school year to be
published not later than September 1, 2013.
As used in this section, "career-technical planning district"
means a school district or group of school districts designated by
the department as being responsible for the planning for and
provision of career-technical education services to students
within the district or group.
Sec. 3302.034. (A) Not later than December 31, 2013, the
state board of education shall adopt and specify measures in
addition to those included on the report card issued under section
3302.03 of the Revised Code. The measures adopted under this
section shall be reported separately, as specified under division
(B) of this section, for each school district, each building in a
district, each community school established under Chapter 3314.,
each STEM school established under Chapter 3326., and each
college-preparatory boarding school established under Chapter
3328. of the Revised Code. The measures shall include at least the
following:
(1) Data for students who have passed over a grade or subject
area under an acceleration policy prescribed under section 3324.10
of the Revised Code;
(2) The number of students who are economically disadvantaged
as determined by the department of education;
(3) The number of lead teachers employed by each district and
each building once the data is available through the education
management information system established under section 3301.0714
of the Revised Code;
(4) The amount of students screened and identified as gifted
under Chapter 3324. of the Revised Code;
(5) Postgraduate student outcome data as described under
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;
(6) Availability of courses in fine arts;
(7) Participation with other school districts to provide
career-technical education services to students;
(8) The amount of extracurricular services offered to
students.
(B) The department shall report this information annually
beginning with the 2013-2014 school year and make this information
available on its web site for comparison purposes.
Sec. 3302.04. As used in divisions (A), (C), and (D) of this
section, for the 2014-2015 school year, and for each school year
thereafter, when a provision refers to a school district or school
building in a state of academic emergency, it shall mean a
district or building rated "F"; when a provision refers to a
school district or school building under an academic watch, it
shall mean a district or building rated "D"; and when a provision
refers to a school district or school building in need of
continuous improvement, it shall mean a district or building rated
"C" as those letter grade ratings for overall performance are
assigned under division (C)(3) of section 3302.03 of the Revised
Code, as it exists on or after the effective date of this
amendment.
(A) The department of education shall establish a system of
intensive, ongoing support for the improvement of school districts
and school buildings. In accordance with the model of
differentiated accountability described in section 3302.041 of the
Revised Code, the system shall give priority to the following:
(1) For any school year prior to the 2012-2013 school year,
districts and buildings that have been declared to be under an
academic watch or in a state of academic emergency under section
3302.03 of the Revised Code and;
(2) For the 2012-2013 school year, and for each school year
thereafter, districts and buildings in the manner prescribed by
any agreement currently in force between the department and the
United States department of education. The department shall
endeavor to include schools and buildings that receive grades
under section 3302.03 of the Revised Code that the department
considers to be low performing.
The system shall include services provided to districts and
buildings through regional service providers, such as educational
service centers.
(B) This division does not apply to any school district after
June 30, 2008.
When a school district has been notified by the department
pursuant to division (A) of section 3302.03 of the Revised Code
that the district or a building within the district has failed to
make adequate yearly progress for two consecutive school years,
the district shall develop a three-year continuous improvement
plan for the district or building containing each of the
following:
(1) An analysis of the reasons for the failure of the
district or building to meet any of the applicable performance
indicators established under section 3302.02 of the Revised Code
that it did not meet and an analysis of the reasons for its
failure to make adequate yearly progress;
(2) Specific strategies that the district or building will
use to address the problems in academic achievement identified in
division (B)(1) of this section;
(3) Identification of the resources that the district will
allocate toward improving the academic achievement of the district
or building;
(4) A description of any progress that the district or
building made in the preceding year toward improving its academic
achievement;
(5) An analysis of how the district is utilizing the
professional development standards adopted by the state board
pursuant to section 3319.61 of the Revised Code;
(6) Strategies that the district or building will use to
improve the cultural competency, as defined pursuant to section
3319.61 of the Revised Code, of teachers and other educators.
No three-year continuous improvement plan shall be developed
or adopted pursuant to this division unless at least one public
hearing is held within the affected school district or building
concerning the final draft of the plan. Notice of the hearing
shall be given two weeks prior to the hearing by publication in
one newspaper of general circulation within the territory of the
affected school district or building. Copies of the plan shall be
made available to the public.
(C) When (1) For any school year prior to the school year
that begins on July 1, 2012, when a school district or building
has been notified by the department pursuant to division (A) of
section 3302.03 of the Revised Code that the district or building
is under an academic watch or in a state of academic emergency,
the district or building shall be subject to any rules
establishing intervention in academic watch or emergency school
districts or buildings.
(2) For the 2012-2013 school year, and for each school year
thereafter, a district or building that meets the conditions for
intervention prescribed by the agreement described in division
(A)(2) of this section shall be subject to any rules establishing
such intervention.
(D)(1) Within For any school year prior to the 2012-2013
school year, within one hundred twenty days after any school
district or building is declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, the
department may initiate a site evaluation of the building or
school district.
(2) For the 2012-2013 school year, and for each school year
thereafter, the department may initiate a site evaluation of a
building or school district that meets the conditions for a site
evaluation prescribed by the agreement described in division
(A)(2) of this section.
(3) Division (D)(2)(3) of this section does not apply to any
school district after June 30, 2008.
If any school district that is declared to be in a state of
academic emergency or in a state of academic watch under section
3302.03 of the Revised Code or encompasses a building that is
declared to be in a state of academic emergency or in a state of
academic watch fails to demonstrate to the department satisfactory
improvement of the district or applicable buildings or fails to
submit to the department any information required under rules
established by the state board of education, prior to approving a
three-year continuous improvement plan under rules established by
the state board of education, the department shall conduct a site
evaluation of the school district or applicable buildings to
determine whether the school district is in compliance with
minimum standards established by law or rule.
(3)(4) Division (D)(4) of this section does not apply to any
school district after June 30, 2008. Site evaluations conducted
under divisions (D)(1) and, (2), and (3) of this section shall
include, but not be limited to, the following:
(a) Determining whether teachers are assigned to subject
areas for which they are licensed or certified;
(b) Determining pupil-teacher ratios;
(c) Examination of compliance with minimum instruction time
requirements for each school day and for each school year;
(d) Determining whether materials and equipment necessary to
implement the curriculum approved by the school district board are
available;
(e) Examination of whether the teacher and principal
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,
and 3319.111 of the Revised Code;
(f) Examination of the adequacy of efforts to improve the
cultural competency, as defined pursuant to section 3319.61 of the
Revised Code, of teachers and other educators.
(E) This division applies only to school districts that
operate a school building that fails to make adequate yearly
progress for two or more consecutive school years. It does not
apply to any such district after June 30, 2008, except as provided
in division (D)(2) of section 3313.97 of the Revised Code.
(1) For any school building that fails to make adequate
yearly progress for two consecutive school years, the district
shall do all of the following:
(a) Provide written notification of the academic issues that
resulted in the building's failure to make adequate yearly
progress to the parent or guardian of each student enrolled in the
building. The notification shall also describe the actions being
taken by the district or building to improve the academic
performance of the building and any progress achieved toward that
goal in the immediately preceding school year.
(b) If the building receives funds under Title 1 I, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, offer all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall spend an
amount equal to twenty per cent of the funds it receives under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, to provide transportation for
students who enroll in alternative buildings under this division,
unless the district can satisfy all demand for transportation with
a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation,
the district shall grant priority over all other students to the
lowest achieving students among the subgroup described in division
(B)(3) of section 3302.01 of the Revised Code in providing
transportation. Any district that does not receive funds under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under this division.
(2) For any school building that fails to make adequate
yearly progress for three consecutive school years, the district
shall do both of the following:
(a) If the building receives funds under Title 1 I, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, provide all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall provide
transportation for students who enroll in alternative buildings
under this division to the extent required under division (E)(2)
of this section.
(b) If the building receives funds under Title 1 I, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, offer supplemental educational
services to students who are enrolled in the building and who are
in the subgroup described in division (B)(3) of section 3302.01 of
the Revised Code.
The district shall spend a combined total of an amount equal
to twenty per cent of the funds it receives under Title I, Part A
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (E)(1)(b) or (E)(2)(a) of
this section and to pay the costs of the supplemental educational
services provided to students under division (E)(2)(b) of this
section, unless the district can satisfy all demand for
transportation and pay the costs of supplemental educational
services for those students who request them with a lesser amount.
In allocating funds between the requirements of divisions
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district
shall spend at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide
transportation for students who enroll in alternative buildings
under division (E)(1)(b) or (E)(2)(a) of this section, unless the
district can satisfy all demand for transportation with a lesser
amount, and at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs
of the supplemental educational services provided to students
under division (E)(2)(b) of this section, unless the district can
pay the costs of such services for all students requesting them
with a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay
the costs of all of the supplemental educational services provided
to students under division (E)(2)(b) of this section, the district
shall grant priority over all other students in providing
transportation and in paying the costs of supplemental educational
services to the lowest achieving students among the subgroup
described in division (B)(3) of section 3302.01 of the Revised
Code.
Any district that does not receive funds under Title I, Part
A of the "Elementary and Secondary Education Act of 1965," 20
U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under division (E)(2)(a) of this section or to pay the
costs of supplemental educational services provided to any student
under division (E)(2)(b) of this section.
No student who enrolls in an alternative building under
division (E)(2)(a) of this section shall be eligible for
supplemental educational services under division (E)(2)(b) of this
section.
(3) For any school building that fails to make adequate
yearly progress for four consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement at least one of the following options with respect
to the building:
(a) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(b) Decrease the degree of authority the building has to
manage its internal operations;
(c) Appoint an outside expert to make recommendations for
improving the academic performance of the building. The district
may request the department to establish a state intervention team
for this purpose pursuant to division (G) of this section.
(d) Extend the length of the school day or year;
(e) Replace the building principal or other key personnel;
(f) Reorganize the administrative structure of the building.
(4) For any school building that fails to make adequate
yearly progress for five consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall develop a plan during the next succeeding school year to
improve the academic performance of the building, which shall
include at least one of the following options:
(a) Reopen the school as a community school under Chapter
3314. of the Revised Code;
(c) Contract with a nonprofit or for-profit entity to operate
the building;
(d) Turn operation of the building over to the department;
(e) Other significant restructuring of the building's
governance.
(5) For any school building that fails to make adequate
yearly progress for six consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement the plan developed pursuant to division (E)(4) of
this section.
(6) A district shall continue to comply with division
(E)(1)(b) or (E)(2) of this section, whichever was most recently
applicable, with respect to any building formerly subject to one
of those divisions until the building makes adequate yearly
progress for two consecutive school years.
(F) This division applies only to school districts that have
been identified for improvement by the department pursuant to the
"No Child Left Behind Act of 2001." It does not apply to any such
district after June 30, 2008.
(1) If a school district has been identified for improvement
for one school year, the district shall provide a written
description of the continuous improvement plan developed by the
district pursuant to division (B) of this section to the parent or
guardian of each student enrolled in the district. If the district
does not have a continuous improvement plan, the district shall
develop such a plan in accordance with division (B) of this
section and provide a written description of the plan to the
parent or guardian of each student enrolled in the district.
(2) If a school district has been identified for improvement
for two consecutive school years, the district shall continue to
implement the continuous improvement plan developed by the
district pursuant to division (B) or (F)(1) of this section.
(3) If a school district has been identified for improvement
for three consecutive school years, the department shall take at
least one of the following corrective actions with respect to the
district:
(a) Withhold a portion of the funds the district is entitled
to receive under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339;
(b) Direct the district to replace key district personnel;
(c) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(d) Establish alternative forms of governance for individual
school buildings within the district;
(e) Appoint a trustee to manage the district in place of the
district superintendent and board of education.
The department shall conduct individual audits of a sampling
of districts subject to this division to determine compliance with
the corrective actions taken by the department.
(4) If a school district has been identified for improvement
for four consecutive school years, the department shall continue
to monitor implementation of the corrective action taken under
division (F)(3) of this section with respect to the district.
(5) If a school district has been identified for improvement
for five consecutive school years, the department shall take at
least one of the corrective actions identified in division (F)(3)
of this section with respect to the district, provided that the
corrective action the department takes is different from the
corrective action previously taken under division (F)(3) of this
section with respect to the district.
(G) The department may establish a state intervention team to
evaluate all aspects of a school district or building, including
management, curriculum, instructional methods, resource
allocation, and scheduling. Any such intervention team shall be
appointed by the department and shall include teachers and
administrators recognized as outstanding in their fields. The
intervention team shall make recommendations regarding methods for
improving the performance of the district or building.
The department shall not approve a district's request for an
intervention team under division (E)(3) of this section if the
department cannot adequately fund the work of the team, unless the
district agrees to pay for the expenses of the team.
(H) The department shall conduct individual audits of a
sampling of community schools established under Chapter 3314. of
the Revised Code to determine compliance with this section.
(I) The state board shall adopt rules for implementing this
section.
Sec. 3302.041. (A) On and after July 1, 2008, in accordance
with the No Child Left Behind Act of 2001, school districts and
school buildings shall continue to be identified for improvement
for failing to make adequate yearly progress for two or more
consecutive school years.
(B) Beginning July 1, 2008, and contingent upon continued
approval by the United States department of education, each school
district that has been identified for improvement, or that
contains a school building that has been identified for
improvement, shall implement all corrective actions required by
the model of differentiated accountability developed by the Ohio
department of education and approved by the United States
department of education. In any school year in which a district is
subject to this division, the Ohio department of education shall
notify the district, prior to the district's opening date, of the
corrective actions it is required to implement in that school
year.
Sec. 3302.05. The state board of education shall adopt rules
freeing school districts declared to be excellent under division
(B)(1) or effective under division (B)(2) of section 3302.03 of
the Revised Code from specified state mandates if one of the
following applies:
(A) For the 2011-2012 school year, the school district was
declared to be excellent under section 3302.03 of the Revised
Code, as that section existed prior to the effective date of this
section and had above expected growth in the overall value-added
measure.
(B) For the 2012-2013 school year, the school district
received a grade of "A" for the number of performance indicators
met under division (A)(1)(c) of section 3302.03 of the Revised
Code and for the value-added dimension under division (A)(1)(e) of
section 3302.03 of the Revised Code.
(C) For the 2013-2014 school year, the school district
received a grade of "A" for the number of performance indicators
met under division (B)(1)(c) of section 3302.03 of the Revised
Code and for the value-added dimension under division (B)(1)(e) of
section 3302.03 of the Revised Code.
(D) For the 2014-2015 school year and for each school year
thereafter, the school district received an overall grade of "A"
under division (C)(3) of section 3302.03 of the Revised Code. Any
Any mandates included in the rules shall be only those
statutes or rules pertaining to state education requirements. The
rules shall not exempt districts from any operating standard
adopted under division (D)(3) of section 3301.07 of the Revised
Code.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent
of public instruction shall establish an academic distress
commission for each school district that meets any of the
following conditions for three or more consecutive years:
(1) The district has been declared to be in a state of
academic emergency pursuant to under section 3302.03 of the
Revised Code, as that section existed prior to the effective date
of this amendment, and has failed to make adequate yearly progress
for four or more consecutive school years;
(2) The district has received a grade of "F" for the
performance index score and a grade of "D" or "F" for the
value-added progress dimension of section 3302.03 of the Revised
Code;
(3) The district has received an overall grade of "F" under
division (C)(2) or a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code;
(4) At least fifty per cent of the schools operated by the
district have received an overall grade of "D" or "F" under
division (C)(3) of section 3302.03 of the Revised Code. Each
Each commission shall assist the district for which it was
established in improving the district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this section, the superintendent of
public instruction shall provide written notification of that fact
to the district board of education and shall request the president
of the district board to submit to the superintendent of public
instruction, in writing, the names of the president's appointees
to the commission. The superintendent of public instruction and
the president of the district board shall make appointments to the
commission within thirty days after the district is notified that
it is subject to this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations relinquishing one or more of the rights
or responsibilities listed in division (C) of section 4117.08 of
the Revised Code, those stipulations are not enforceable and the
district board shall resume holding those rights or
responsibilities as if it had not relinquished them in that
agreement until such time as both the academic distress commission
ceases to exist and the district board agrees to relinquish those
rights or responsibilities in a new collective bargaining
agreement. The provisions of this paragraph apply to a collective
bargaining agreement entered into after September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(L) An academic distress commission shall cease to exist when
the district for which it was established receives a performance
rating under section 3302.03 of the Revised Code of in need of
continuous improvement or better, under section 3302.03 of the
Revised Code as that section existed prior to the effective date
of this amendment, or a grade of "C" or better for both the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) and the value-added progress dimension under division
(A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the
Revised Code for two of the three prior school years; however, the
superintendent of public instruction may dissolve the commission
earlier if the superintendent determines that the district can
perform adequately without the supervision of the commission. Upon
termination of the commission, the department of education shall
compile a final report of the commission's activities to assist
other academic distress commissions in the conduct of their
functions.
Sec. 3302.12. (A)(1) Except as provided in divisions (C) and
(D) of this section, for any this section applies to a school
building that is ranked according to performance index score under
section 3302.21 of the Revised Code in the lowest five per cent of
all public school buildings statewide for three consecutive years
and that meets any combination of the following for three
consecutive years:
(a) The school building is declared to be under an academic
watch or in a state of academic emergency under section 3302.03 of
the Revised Code,;
(b) The school building that has received a grade of "F" for
the value-added progress dimension under division (A)(1)(e),
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;
(c) The school building that has received an overall grade of
"F" under section 3302.03 of the Revised Code.
(2) In the case of a building to which this section applies,
the district board of education in control of that building shall
do one of the following at the conclusion of the school year in
which the building first becomes subject to this
division
section:
(1)(a) Close the school and direct the district
superintendent to reassign the students enrolled in the school to
other school buildings that demonstrate higher academic
achievement;
(2)(b) Contract with another school district or a nonprofit
or for-profit entity with a demonstrated record of effectiveness
to operate the school;
(3)(c) Replace the principal and all teaching staff of the
school and, upon request from the new principal, exempt the school
from all requested policies and regulations of the board regarding
curriculum and instruction. The board also shall distribute
funding to the school in an amount that is at least equal to the
product of the per pupil amount of state and local revenues
received by the district multiplied by the student population of
the school.
(4)(d) Reopen the school as a conversion community school
under Chapter 3314. of the Revised Code.
(B) If an action taken by the board under division (A)(2) of
this section causes the district to no longer maintain all grades
kindergarten through twelve, as required by section 3311.29 of the
Revised Code, the board shall enter into a contract with another
school district pursuant to section 3327.04 of the Revised Code
for enrollment of students in the schools of that other district
to the extent necessary to comply with the requirement of section
3311.29 of the Revised Code. Notwithstanding any provision of the
Revised Code to the contrary, if the board enters into and
maintains a contract under section 3327.04 of the Revised Code,
the district shall not be considered to have failed to comply with
the requirement of section 3311.29 of the Revised Code. If,
however, the district board fails to or is unable to enter into or
maintain such a contract, the state board of education shall take
all necessary actions to dissolve the district as provided in
division (A) of section 3311.29 of the Revised Code.
(C) If a particular school is required to restructure under
this section and a petition with respect to that same school has
been filed and verified under divisions (B) and (C) of section
3302.042 of the Revised Code, the provisions of that section and
the petition filed and verified under it shall prevail over the
provisions of this section and the school shall be restructured
under that section. However, if division (D)(1), (2), or (3) of
section 3302.042 of the Revised Code also applies to the school,
the school shall be subject to restructuring under this section
and not section 3302.042 of the Revised Code.
If the provisions of this section conflict in any way with
the requirements of federal law, federal law shall prevail over
the provisions of this section.
(D) If a school is restructured under this section, section
3302.042 or 3302.10 of the Revised Code, or federal law, the
school shall not be required to restructure again under state law
for three consecutive years after the implementation of that prior
restructuring.
Sec. 3302.20. (A) The department of education shall develop
standards for determining, from the existing data reported in
accordance with sections 3301.0714 and 3314.17 of the Revised
Code, the amount of annual operating expenditures for classroom
instructional purposes and for nonclassroom purposes for each
city, exempted village, local, and joint vocational school
district, each community school established under Chapter 3314.
that is not an internet- or computer-based community school, each
internet- or computer-based community school, and each STEM school
established under Chapter 3326. of the Revised Code. The
department shall present those standards to the state board of
education for consideration. In developing the standards, the
department shall adapt existing standards used by professional
organizations, research organizations, and other state
governments. The department also shall align the expenditure
categories required for reporting under the standards with the
categories that are required for reporting to the United States
department of education under federal law.
The state board shall consider the proposed standards and
adopt a final set of standards not later than December 31, 2012.
School districts, community schools, and STEM schools shall begin
reporting data in accordance with the standards on July 1 June 30,
2013.
(B)(1) The department shall categorize all city, exempted
village, and local school districts into not less than three nor
more than five groups based primarily on average daily student
enrollment as reported on the most recent report card issued for
each district under section 3302.03 of the Revised Code.
(2) The department shall categorize all joint vocational
school districts into not less than three nor more than five
groups based primarily on average daily membership as reported
under division (D) of section 3317.03 of the Revised Code rounded
to the nearest whole number.
(3) The department shall categorize all community schools
that are not internet- or computer-based community schools into
not less than three nor more than five groups based primarily on
average daily student enrollment as reported on the most recent
report card issued for each community school under sections
3302.03 and 3314.012 of the Revised Code or, in the case of a
school to which section 3314.017 of the Revised Code applies, on
the total number of students reported under divisions (B)(2)(a)
and (b) of section 3314.08 of the Revised Code.
(4) The department shall categorize all internet- or
computer-based community schools into a single category.
(5) The department shall categorize all STEM schools into a
single category.
(C) Using the standards adopted under division (A) of this
section and the data reported under sections 3301.0714 and 3314.17
of the Revised Code, the department shall compute annually for
each fiscal year, the following:
(1) The percentage of each district's, community school's, or
STEM school's total operating budget spent for classroom
instructional purposes;
(2) The statewide average percentage for all districts,
community schools, and STEM schools combined spent for classroom
instructional purposes;
(3) The average percentage for each of the categories of
districts and schools established under division (B) of this
section spent for classroom instructional purposes;
(4) The ranking of each district, community school, or STEM
school within its respective category established under division
(B) of this section according to the following:
(a) From highest to lowest percentage spent for classroom
instructional purposes;
(b) From lowest to highest percentage spent for
noninstructional purposes.
(D) In its display of rankings within each category under
division (C)(4) of this section, the department shall make the
following notations:
(1) Within each category of city, exempted village, and local
school districts, the department shall denote each district that
is:
(a) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the lowest total
operating expenditures per pupil;
(b) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the highest performance
index scores.
(2) Within each category of joint vocational school
districts, the department shall denote each district that is:
(a) Among the twenty per cent of all joint vocational school
districts statewide with the lowest total operating expenditures
per pupil;
(b) Among the twenty per cent of all joint vocational school
districts statewide with the highest report card scores under
section 3302.033 of the Revised Code.
(3) Within each category of community schools that are not
internet- or computer-based community schools, the department
shall denote each school that is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores, excluding
such community schools to which section 3314.017 of the Revised
Code applies.
(4) Within the category of internet- or computer-based
community schools, the department shall denote each school that
is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores, excluding
such community schools to which section 3314.017 of the Revised
Code applies.
(5) Within the category of STEM schools, the department shall
denote each school that is:
(a) Among the twenty per cent of all STEM schools statewide
with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all STEM schools statewide
with the highest performance index scores.
For purposes of divisions (D)(3)(b) and (4)(b) of this
section, the display shall note that, in accordance with section
3314.017 of the Revised Code, a performance index score is not
reported for some community schools that serve primarily students
enrolled in dropout prevention and recovery programs.
(E) The department shall post in a prominent location on its
web site the information prescribed by divisions (C) and (D) of
this section. The department also shall include on each
district's, community school's, and STEM school's annual report
card issued under section 3302.03 or 3314.017 of the Revised Code
the respective information computed for the district or school
under divisions (C)(1) and (4) of this section, the statewide
information computed under division (C)(2) of this section, and
the information computed for the district's or school's category
under division (C)(3) of this section.
(F) As used in this section:
(1) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(2) A school district's, community school's, or STEM school's
performance index score rank is its performance index score rank
as computed under section 3302.21 of the Revised Code.
Sec. 3302.21. (A) The department of education shall develop
a system to rank order all city, exempted village, and local
school districts, community schools established under Chapter
3314. of the Revised Code except those community schools to which
section 3314.017 of the Revised Code applies, and STEM schools
established under Chapter 3326. of the Revised Code according to
the following measures:
(1) Performance index score for each school district,
community school, and STEM school and for each separate building
of a district, community school, or STEM school. For districts,
schools, or buildings to which the performance index score does
not apply, the superintendent of public instruction shall may
develop another measure of student academic performance based on
similar data and performance measures if appropriate and use that
measure to include those buildings in the ranking so that all
districts, schools, and buildings may be reliably compared to each
other.
(2) Student performance growth from year to year, using the
value-added progress dimension, if applicable, and other measures
of student performance growth designated by the superintendent of
public instruction for subjects and grades not covered by the
value-added progress dimension or the alternative student academic
progress measure if adopted under division (C)(1)(e) of section
3302.03 of the Revised Code;
(3) Current operating expenditures per pupil as determined
under standards adopted by the state board of education under
section 3302.20 of the Revised Code;
(4) Of total current operating expenditures, percentage spent
for classroom instruction as determined under standards adopted by
the state board under section 3302.20 of the Revised Code;
(5) Performance of, and opportunities provided to, students
identified as gifted using value-added progress dimensions, if
applicable, and other relevant measures as designated by the
superintendent of public instruction.
The department shall rank each district, each community
school except a community school to which section 3314.017 of the
Revised Code applies, and each STEM school annually in accordance
with the system developed under this section.
(B) In addition to the reports required by sections 3302.03
and 3302.031 of the Revised Code, not later than the first day of
September each year, the department shall issue a report for each
city, exempted village, and local school district, each community
school except a community school to which section 3314.017 of the
Revised Code applies, and each STEM school indicating the
district's or school's rank on each measure described in divisions
(A)(1) to (4) of this section, including each separate building's
rank among all public school buildings according to performance
index score under division (A)(1) of this section.
Sec. 3310.03. A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code and the student satisfies
one of the conditions in division (A), (B), or (C) of this
section:
(A)(1) The student is enrolled in a school building that is
operated by the student's resident district that, on the report
card issued under section 3302.03 of the Revised Code published
prior to the first day of July of the school year for which a
scholarship is sought, did not receive a rating as described in
division (G) of this section, and to which both any or a
combination of any of the following apply for two of the three
most recent report cards published prior to the first day of July
of the school year for which a scholarship is sought:
(a) The building was declared, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, to be in a state of academic emergency or academic watch
under section 3302.03 of the Revised Code; as that section existed
prior to the effective date of this amendment.
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought The building received a grade of "D" or "F"
for the performance index score under division (A)(1)(b) or
(B)(1)(b) of section 3302.03 of the Revised Code and for the
value-added progress dimension under division (A)(1)(e) or
(B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013
or 2013-2014 school year, or both; or if the building serves only
grades ten through twelve, the building received a grade of "D" or
"F" for the performance index score under division (A)(1)(b) or
(B)(1)(b) of section 3302.03 of the Revised Code and had a
four-year adjusted cohort graduation rate of less than
seventy-five per cent.
(c) The building received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in kindergarten or the
community school student's grade level, respectively, is
automatically assigned to a particular school building;
(b) In at least two of the three most recent ratings of
school districts published prior to the first day of July of the
school year for which a scholarship is sought, the district was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code;
(c) The district was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought the most recent rating published prior to
the first day of July of the school year for which scholarship is
sought, the district did not receive a rating described in
division (G) of this section, and in at least two of the three
most recent report cards published prior to the first day of July
of that school year, any or a combination of the following apply
to the district:
(i) The district was declared to be in a state of academic
emergency under section 3302.03 of the Revised Code as it existed
prior to the effective date of this amendment.
(ii) The district received a grade of "D" or "F" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014
school year, or both.
(c) The district received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
(B)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was ranked, for at least two of the three
most recent rankings published under section 3302.21 of the
Revised Code prior to the first day of July of the school year for
which a scholarship is sought, in the lowest ten per cent of all
public school buildings according to performance index score under
section 3302.21 of the Revised Code.
(b) The building was not declared to be excellent or
effective under section 3302.03 of the Revised Code in the most
recent rating published prior to the first day of July of the
school year for which a scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (B)(1) of this
section in the school year for which the scholarship is sought.
(C) The student is enrolled in a nonpublic school at the time
the school is granted a charter by the state board of education
under section 3301.16 of the Revised Code and the student meets
the standards of division (B) of section 3310.031 of the Revised
Code.
(D) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1) or (B)(1) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(E)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section.
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (B)(1) of this section.
(3) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(D) of this section.
(F) The state board of education shall adopt rules defining
excused absences for purposes of division (D)(3) of this section.
(G)(1) A student who satisfies only the conditions prescribed
in divisions (A)(1) to (4) of this section shall not be eligible
for a scholarship if the student's resident building meets any of
the following in the most recent rating under section 3302.03 of
the Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The building has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to the effective date of this amendment.
(b) For the 2012-2013 or 2013-2014 school year or both, the
building has a grade of "A" or "B" for the performance index score
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the
Revised Code and for the value-added progress dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve,
the building received a grade of "A" or "B" for the performance
index score under division (A)(1)(b) or (B)(1)(b) of section
3302.03 of the Revised Code and had a four-year adjusted cohort
graduation rate of greater than or equal to seventy-five per cent.
(c) For the 2014-2015 school year or any school year
thereafter, the building has a grade of "A" or "B" under division
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"
for the value-added progress dimension under division (C)(1)(e) of
section 3302.03 of the Revised Code; or if the building serves
only grades ten through twelve, the building received a grade of
"A" or "B" for the performance index score under division
(C)(1)(b) of section 3302.03 of the Revised Code and had a
four-year adjusted cohort graduation rate of greater than or equal
to seventy-five per cent.
(2) A student who satisfies only the conditions prescribed in
division (A)(5) of this section shall not be eligible for a
scholarship if the student's resident district meets any of the
following in the most recent rating under section 3302.03 of the
Revised Code published prior to the first day of July of the
school year for which a scholarship is sought:
(a) The district has an overall designation of excellent or
effective under section 3302.03 of the Revised Code as it existed
prior to the effective date of this amendment.
(b) The district has a grade of "A" or "B" for the
performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e) or (B)(1)(e) of
section 3302.03 of the Revised Code for the 2012-2013 and
2013-2014 school years.
(c) The district has an overall grade of "A" or "B" under
division (C)(3) of section 3302.03 of the Revised Code and a grade
of "A" for the value-added progress dimension under division
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015
school year or any school year thereafter.
Sec. 3310.06. It is the policy adopted by the general
assembly that the educational choice scholarship pilot program
shall be construed as one of several educational options available
for students enrolled in academic emergency or academic watch
persistently low-performing school buildings. Students may be
enrolled in the schools of the student's resident district, in a
community school established under Chapter 3314. of the Revised
Code, in the schools of another school district pursuant to an
open enrollment policy adopted under section 3313.98 of the
Revised Code, in a chartered nonpublic school with or without a
scholarship under the educational choice scholarship pilot
program, or in other schools as the law may provide.
Sec. 3310.16. For the 2013-2014 school year and each school
year thereafter, the department of education shall conduct two
application periods each year for the educational choice
scholarship pilot program, as follows:
(A) The first application period shall open not sooner than
the first day of February prior to the first day of July of the
school year for which a scholarship is sought and run not less
than seventy-five days.
(B) The second application period shall open not sooner than
the first day of July of the school year for which the scholarship
is sought and run not less than thirty days.
Sec. 3311.741. (A) This section applies only to a municipal
school district in existence on July 1, 2012.
(B) Not later than December 1, 2012, the board of education
of each municipal school district to which this section applies
shall submit to the superintendent of public instruction an array
of measures to be used in evaluating the performance of the
district. The measures shall assess at least overall student
achievement, student progress over time, the achievement and
progress over time of each of the applicable categories of
students described in division (C)(3)(F) of section 3302.03 of the
Revised Code, and college and career readiness. The state
superintendent shall approve or disapprove the measures by January
15, 2013. If the measures are disapproved, the state
superintendent shall recommend modifications that will make the
measures acceptable.
(C) Beginning with the 2012-2013 school year, the board
annually shall establish goals for improvement on each of the
measures approved under division (B) of this section. The school
district's performance data for the 2011-2012 school year shall be
used as a baseline for determining improvement.
(D) Not later than October 1, 2013, and by the first day of
October each year thereafter, the board shall issue a report
describing the school district's performance for the previous
school year on each of the measures approved under division (B) of
this section and whether the district has met each of the
improvement goals established for that year under division (C) of
this section. The board shall provide the report to the governor,
the superintendent of public instruction, and, in accordance with
section 101.68 of the Revised Code, the general assembly.
(E) Not later than November 15, 2017, the superintendent of
public instruction shall evaluate the school district's
performance based on the measures approved under division (B) of
this section and shall issue a report to the governor and general
assembly.
Sec. 3311.80. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of section 3319.111 of the Revised Code.
(A) Not later than July 1, 2013, the board of education of
each municipal school district and the teachers' labor
organization shall develop and adopt standards-based teacher
evaluation procedures that conform with the framework for
evaluation of teachers developed under section 3319.112 of the
Revised Code. The evaluation procedures shall include at least
formal observations and classroom walk-throughs, which may be
announced or unannounced; examinations of samples of work, such as
lesson plans or assessments designed by a teacher; and multiple
measures of student academic growth.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code or the alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of
the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension or alternative student
academic achievement measure is not applicable, the board shall
administer assessments on the list developed under division (B)(2)
of section 3319.112 of the Revised Code.
(C)(1) Each teacher employed by the board shall be evaluated
at least once each school year, except as provided in division
(C)(2) of this section. The composite evaluation shall be
completed not later than the first day of June and the teacher
shall receive a written report of the results of the composite
evaluation not later than ten days after its completion or the
last teacher work day of the school year, whichever is earlier.
(2) Each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section may
be evaluated once every two school years, except that the teacher
shall be evaluated in any school year in which the teacher's
contract is due to expire. The biennial composite evaluation shall
be completed not later than the first day of June of the
applicable school year, and the teacher shall receive a written
report of the results of the composite evaluation not later than
ten days after its completion or the last teacher work day of the
school year, whichever is earlier.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who have been
trained to conduct evaluations in accordance with criteria that
shall be developed jointly by the chief executive officer of the
district, or the chief executive officer's designee, and the
teachers' labor organization:
(1) The chief executive officer or a subordinate officer of
the district with responsibility for instruction or academic
affairs;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a principal issued under section 3319.22 of the Revised
Code;
(3) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director or a supervisor in any educational
area issued under section 3319.22 of the Revised Code;
(4) A person designated to conduct evaluations under an
agreement providing for peer assistance and review entered into by
the board and the teachers' labor organization.
(E) The evaluation procedures shall describe how the
evaluation results will be used for decisions regarding
compensation, retention, promotion, and reductions in force and
for removal of poorly performing teachers.
(F) A teacher may challenge any violations of the evaluation
procedures in accordance with the grievance procedure specified in
any applicable collective bargaining agreement. A challenge under
this division is limited to the determination of procedural errors
that have resulted in substantive harm to the teacher and to
ordering the correction of procedural errors. The failure of the
board or a person conducting an evaluation to strictly comply with
any deadline or evaluation forms established as part of the
evaluation process shall not be cause for an arbitrator to
determine that a procedural error occurred, unless the arbitrator
finds that the failure resulted in substantive harm to the
teacher. The arbitrator shall have no jurisdiction to modify the
evaluation results, but the arbitrator may stay any decision taken
pursuant to division (E) of this section pending the board's
correction of any procedural error. The board shall correct any
procedural error within fifteen business days after the
arbitrator's determination that a procedural error occurred.
(G) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section October 1, 2012. However, the board and the teachers'
labor organization may negotiate additional evaluation procedures,
including an evaluation process incorporating peer assistance and
review, provided the procedures are consistent with this section.
(H) This section does not apply to administrators appointed
by the chief executive officer of a municipal school district
under section 3311.72 of the Revised Code, administrators subject
to evaluation procedures under section 3311.84 or 3319.02 of the
Revised Code, or to any teacher employed as a substitute for less
than one hundred twenty days during a school year pursuant to
section 3319.10 of the Revised Code.
Sec. 3313.473. (A) This section does not apply to any school
district declared to be excellent or effective pursuant to
division (B)(1) or (2) of section 3302.03 of the Revised Code to
which one of the following applies:
(1) For the 2011-2012 school year, the school district was
declared to be excellent or effective under section 3302.03 of the
Revised Code, as that section existed prior to the effective date
of this section.
(2) For the 2012-2013 school year, the school district
received a grade of "A" or "B" for the performance index score
under division (A)(1)(b) and for the value-added dimension under
division (A)(1)(e) of section 3302.03 of the Revised Code.
(3) For the 2013-2014 school year, the school district
received a grade of "A" or "B" for the performance index score
under division (B)(1)(b) and for the value-added dimension under
division (B)(1)(e) of section 3302.03 of the Revised Code.
(4) For the 2014-2015 school year and for any school year
thereafter, the school district received an overall grade of "A"
or "B" under division (C)(3) of section 3302.03 of the Revised
Code.
(A)(B) The state board of education shall adopt rules
requiring school districts with a total student count of over five
thousand, as determined pursuant to section 3317.03 of the Revised
Code, to designate one school building to be operated by a
site-based management council. The rules shall specify the
composition of the council and the manner in which members of the
council are to be selected and removed.
(B)(C) The rules adopted under division (A)(B) of this
section shall specify those powers, duties, functions, and
responsibilities that shall be vested in the management council
and that would otherwise be exercised by the district board of
education. The rules shall also establish a mechanism for
resolving any differences between the council and the district
board if there is disagreement as to their respective powers,
duties, functions, and responsibilities.
(C)(D) The board of education of any school district
described by division (A)(B) of this section may, in lieu of
complying with the rules adopted under this section, file with the
department of education an alternative structure for a district
site-based management program in at least one of its school
buildings. The proposal shall specify the composition of the
council, which shall include an equal number of parents and
teachers and the building principal, and the method of selection
and removal of the council members. The proposal shall also
clearly delineate the respective powers, duties, functions, and
responsibilities of the district board and the council. The
district's proposal shall comply substantially with the rules
adopted under division (A)(B) of this section.
Sec. 3313.608. (A)(1) Beginning with students who enter
third grade in the school year that starts July 1, 2009, and until
June 30, 2013, for any student who attains a score in the range
designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, each school district, in accordance with the policy
adopted under section 3313.609 of the Revised Code, shall do one
of the following:
(a) Promote the student to fourth grade if the student's
principal and reading teacher agree that other evaluations of the
student's skill in reading demonstrate that the student is
academically prepared to be promoted to fourth grade;
(b) Promote the student to fourth grade but provide the
student with intensive intervention services in fourth grade;
(c) Retain the student in third grade.
(2) Beginning with students who enter third grade in the
2013-2014 school year, no school district shall promote to fourth
grade any student who attains a score in the range designated
under division (A)(3) of section 3301.0710 of the Revised Code on
the assessment prescribed under that section to measure skill in
English language arts expected at the end of third grade, unless
one of the following applies:
(a) The student is a limited English proficient student who
has been enrolled in United States schools for less than two full
school years and has had less than two years of instruction in an
English as a second language program.
(b) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code and the student's individualized education program
exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of
performance on an alternative standardized reading assessment as
determined by the department of education.
(d) All of the following apply:
(i) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code.
(ii) The student has taken the third grade English language
arts achievement assessment prescribed under section 3301.0710 of
the Revised Code.
(iii) The student's individualized education program or plan
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.
355, 29 U.S.C. 794, as amended, shows that the student has
received intensive remediation in reading for two school years but
still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades
kindergarten to three.
(e)(i) The student received intensive remediation for reading
for two school years but still demonstrates a deficiency in
reading and was previously retained in any of grades kindergarten
to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of
this section shall continue to receive intensive reading
instruction in grade four. The instruction shall include an
altered instructional day that includes specialized diagnostic
information and specific research-based reading strategies for the
student that have been successful in improving reading among
low-performing readers.
(B)(1) Beginning in the 2012-2013 school year, to assist
students in meeting the third grade guarantee established by this
section, each school district board of education shall adopt
policies and procedures with which it annually shall assess the
reading skills of each student enrolled in kindergarten to third
grade by the thirtieth day of September and shall identify
students who are reading below their grade level. Each district
shall use the diagnostic assessment to measure English language
arts reading ability for the appropriate grade level adopted under
section 3301.079 of the Revised Code, or a comparable tool
approved by the department of education, to identify such
students. The policies and procedures shall require the students'
classroom teachers to be involved in the assessment and the
identification of students reading below grade level.
(2) For each student identified by the diagnostic assessment
prescribed under this section as having reading skills below grade
level, the district shall do both of the following:
(a) Provide to the student's parent or guardian, in writing,
all of the following:
(i) Notification that the student has been identified as
having a substantial deficiency in reading;
(ii) A description of the current services that are provided
to the student;
(iii) A description of the proposed supplemental
instructional services and supports that will be provided to the
student that are designed to remediate the identified areas of
reading deficiency;
(iv) Notification that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, the student shall be retained unless the student is
exempt under division (A) of this section. The notification shall
specify that the assessment under section 3301.0710 of the Revised
Code is not the sole determinant of promotion and that additional
evaluations and assessments are available to the student to assist
parents and the district in knowing when a student is reading at
or above grade level and ready for promotion.
(b) Provide intensive reading instruction services and
regular diagnostic assessments to the student immediately
following identification of a reading deficiency, in accordance
with until the development of the reading improvement and
monitoring plan required by division (C) of this section. Such
These intervention services shall include research-based reading
strategies that have been shown to be successful in improving
reading among low-performing readers and instruction targeted at
the student's identified reading deficiencies.
(3) For each student retained under division (A) of this
section, the district shall do all of the following:
(a) Provide intense remediation services until the student is
able to read at grade level. The remediation services shall
include intensive interventions in reading that address the areas
of deficiencies identified under this section including, but not
limited to, not less than ninety minutes of reading daily
instruction per day, and may include any of the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade
students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a
student retained under division (A) of this section who
demonstrates that the student is reading at or above grade level;
(c) Provide each student with a high-performing teacher, as
determined by the teacher's student performance data, when
available, and performance reviews who satisfies one or more of
the applicable criteria set forth in division (H) of this section.
The district shall offer the option for students to receive
applicable services from one or more providers other than the
district. Providers shall be screened and approved by the district
or the department of education. If the student participates in the
remediation services and demonstrates reading proficiency in
accordance with standards adopted by the department prior to the
start of fourth grade, the district shall promote the student to
that grade.
(4) For each student retained under division (A) of this
section who has demonstrated proficiency in a specific academic
ability field, each district shall provide instruction
commensurate with student achievement levels in that specific
academic ability field.
As used in this division, "specific academic ability field"
has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be provided intervention
services under this section, the district shall develop a reading
improvement and monitoring plan within sixty days after receiving
the student's results on the diagnostic assessment or comparable
tool administered under division (B)(1) of this section. The
district shall involve the student's parent or guardian and
classroom teacher in developing the plan. The plan shall include
all of the following:
(1) Identification of the student's specific reading
deficiencies;
(2) A description of the additional instructional services
and support that will be provided to the student to remediate the
identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be
involved in the instructional services and support described in
division (C)(2) of this section;
(4) A process for monitoring the extent to which the student
receives the instructional services and support described in
division (C)(2) of this section;
(5) A reading curriculum during regular school hours that
does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's
reading progress.
(6) A statement that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected by the end of
third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan
under this division who enters third grade after July 1, 2013,
shall be assigned to a teacher who has either received a passing
score on a rigorous test of principles of scientifically based
reading instruction approved by the state board of education or
has a reading endorsement on the teacher's license satisfies one
or more of the applicable criteria set forth in division (H) of
this section.
The district shall report any information requested by the
department about the reading improvement monitoring plans
developed under this division in the manner required by the
department.
(D) Each school district shall report annually to the
department on its implementation and compliance with this section
using guidelines prescribed by the superintendent of public
instruction. The superintendent of public instruction annually
shall report to the governor and general assembly the number and
percentage of students in grades kindergarten through four reading
below grade level based on the diagnostic assessments administered
under division (B) of this section and the achievement assessments
administered under divisions (A)(1)(a) and (b) of section
3301.0710 of the Revised Code in English language arts, aggregated
by school district and building; the types of intervention
services provided to students; and, if available, an evaluation of
the efficacy of the intervention services provided.
(E) Any summer remediation services funded in whole or in
part by the state and offered by school districts to students
under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational
research.
(2) The school districts conduct assessment before and after
students participate in the program to facilitate monitoring
results of the remediation services.
(3) The parents of participating students are involved in
programming decisions.
(F) Any intervention or remediation services required by this
section shall include intensive, explicit, and systematic
instruction.
(G) This section does not create a new cause of action or a
substantive legal right for any person.
(H)(1) Prior to July 1, 2014, each student described in
division (B)(3) or (C) of this section who enters third grade for
the first time on or after July 1, 2013, shall be assigned a
teacher who has been actively engaged in the reading instruction
of students for the previous three years and who satisfies one or
more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's
license and has attained a passing score on the corresponding
assessment for that endorsement.
(b) The teacher has completed a master's degree program with
a major in reading.
(c) The teacher has demonstrated evidence of a credential
earned from a list of scientifically research-based reading
instruction programs approved by the department.
(d) The teacher was rated "above value added," which means
most effective in reading, as determined by the department, for
the last two school years.
(2) Effective July 1, 2014, each student described in
divisions (B)(3) and (C) of this section shall be assigned a
teacher who has been actively engaged in the reading instruction
of students for the previous three years and who satisfies one or
more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's
license and has attained a passing score on the corresponding
assessment for that endorsement.
(b) The teacher has completed a master's degree program with
a major in reading.
(c) The teacher was rated above "above value added," which
means most effective for the last two school years.
(d) The teacher has earned a passing score on a rigorous test
of principles of scientifically research-based reading
instruction. This test shall be selected through a competitive
bidding process and shall be approved by the state board.
(3) If, on the effective date of this amendment, a school
district or community school cannot furnish the number of teachers
needed who satisfy one or more of the criteria set forth in
division (H)(1) of this section, the school district or community
school shall develop and submit a plan by June 30, 2013, in a
manner determined by the department indicating the criteria that
will be used to determine those teachers in the school district or
community school who will teach and how the school district or
community school will meet the requirements set forth in division
(H)(2) of this section.
A school district or community school may include in this
plan the option to contract with another school district or
private provider that has been screened and approved by the
department to provide intervention services. If the school
district or community school's plan is not approved by the
department by August 15, 2013, the school district or community
school shall use a private contractor from a list approved by the
department or contract with another district to provide
intervention services for these students.
Sec. 3314.011. Every community school established under this
chapter shall have a designated fiscal officer. The auditor of
state may require by rule that the fiscal officer of any community
school, before entering upon duties as fiscal officer of the
school, execute a bond in an amount and with surety to be approved
by the governing authority of the school, payable to the state,
conditioned for the faithful performance of all the official
duties required of the fiscal officer. Any such bond shall be
deposited with the governing authority of the school, and a copy
thereof, certified by the governing authority, shall be filed with
the county auditor.
Prior to assuming the duties of fiscal officer, the fiscal
officer designated under this section shall be licensed under
section 3301.074 of the Revised Code or shall complete not less
than sixteen hours of continuing education classes, courses, or
workshops in the area of school accounting as approved by the
sponsor of the community school. Any fiscal officer who is not
licensed under section 3301.074 of the Revised Code shall complete
an additional twenty-four hours of continuing education classes,
courses, or workshops in the area of school accounting as approved
by the sponsor of the school within one year after assuming the
duties of fiscal officer of the school. However, any such classes,
courses, or workshops in excess of sixteen hours completed by the
fiscal officer prior to assuming the duties of fiscal officer
shall count toward the additional twenty-four hours of continuing
education required under this section. In each subsequent year,
any fiscal officer who is not licensed under section 3301.074 of
the Revised Code shall complete eight hours of continuing
education classes, courses, or workshops in the area of school
accounting as approved by the sponsor of the school. Any person
serving as a fiscal officer of a community school on the effective
date of this amendment who is not licensed as a treasurer shall be
permitted to serve as a fiscal officer for not more than one year
following the effective date of this amendment. Beginning on that
date and thereafter, no community school shall permit any
individual to serve as a fiscal officer without a license as
required by this section.
Sec. 3314.012. (A) Within ninety days of September 28, 1999,
the superintendent of public instruction shall appoint
representatives of the department of education, including
employees who work with the education management information
system, to a committee to develop report card models for community
schools. The committee shall design model report cards appropriate
for the various types of community schools approved to operate in
the state. Sufficient models shall be developed to reflect the
variety of grade levels served and the missions of the state's
community schools. All models shall include both financial and
academic data. The initial models shall be developed by March 31,
2000.
(B) The Except as provided in section 3314.017 of the Revised
Code, the department of education shall issue an annual report
card for each community school, regardless of how long the school
has been in operation. The report card shall report the academic
and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report
card shall include all information applicable to school buildings
under division divisions (A), (B), (C), and (D) of section 3302.03
of the Revised Code. The ratings a community school receives under
section 3302.03 of the Revised Code for its first two full school
years shall not be considered toward automatic closure of the
school under section 3314.35 of the Revised Code or any other
matter that is based on report card ratings.
(C) Upon receipt of a copy of a contract between a sponsor
and a community school entered into under this chapter, the
department of education shall notify the community school of the
specific model report card that will be used for that school.
(D) Report cards shall be distributed to the parents of all
students in the community school, to the members of the board of
education of the school district in which the community school is
located, and to any person who requests one from the department.
Sec. 3314.013. (A) Until January 1, 2013 the sixty-first day
after the effective date of this amendment, no internet- or
computer-based community school shall operate unless the school
was open for instruction as of May 1, 2005. No entity described in
division (C)(1) of section 3314.02 of the Revised Code shall enter
into a contract to sponsor an internet- or computer-based
community school, including a conversion school, between May 1,
2005, and January 1, 2013 the sixty-first day after the effective
date of this amendment, except as follows:
(1) The entity may renew a contract that the entity entered
into with an internet- or computer-based community school prior to
May 1, 2005, if the school was open for operation as of that date.
(2) The entity may assume sponsorship of an existing
internet- or computer-based community school that was formerly
sponsored by another entity and may enter into a contract with
that community school in accordance with section 3314.03 of the
Revised Code.
If a sponsor entered into a contract with an internet- or
computer-based community school, including a conversion school,
but the school was not open for operation as of May 1, 2005, the
contract shall be void and the entity shall not enter into another
contract with the school until January 1, 2013 the sixty-first day
after the effective date of this amendment.
(B)(1) Beginning January on the later of July 1, 2013, or the
sixty-first day after the effective date of this amendment, up to
five new internet- or computer-based community schools may open
each year. If the governing authorities of more than five new
schools notify the department of education under division (D) of
section 3314.02 of the Revised Code, by a deadline established by
the department, that they have signed a contract with a sponsor to
open in the following school year, the department shall hold a
lottery within thirty days after the deadline to choose the five
schools that may open in that school year. The contract signed by
the governing authority of any school not selected in the lottery
shall be void, but the school may enter into a contract with a
sponsor to open in a subsequent school year, subject to this
division, subject to approval of the superintendent of public
instruction under division (B)(2) of this section.
(2) The superintendent of public instruction shall approve
applications for new internet- or computer-based community schools
from only those applicants demonstrating experience and quality.
The state board of education shall adopt rules prescribing
measures to determine experience and quality of applicants in
accordance with Chapter 119. of the Revised Code. The measures
shall include, but not be limited to, the following
considerations:
(a) The sponsor's experience with online schools;
(b) The operator's experience with online schools;
(c) The sponsor's and operator's previous record for student
performance;
(d) A preference for operators with previous experience in
Ohio.
The state board shall adopt the rules so that they are
effective not later than the sixty-first day after the effective
date of this amendment.
(3) The department of education shall notify any new
internet- or computer-based community school governed by division
(B) of this section of whether the superintendent has approved or
disapproved the school's application to open for the 2013-2014
school year not later than July 1, 2013, or the sixty-first day
after the effective date of this amendment, if such date occurs
after July 1, 2013. Notwithstanding the dates prescribed for
adoption and signing on sponsor contracts in division (D) of
section 3314.02 of the Revised Code, or the date for opening a
school for instruction required by division (A)(25) of section
3314.03 of the Revised Code, a new internet- or computer-based
community school approved for opening for the 2013-2014 school
year under division (B) of this section may open and operate in
that school year regardless of whether it has complied with those
contract and opening dates. For each school year thereafter, the
school shall comply with all applicable provisions of this
chapter.
(C) Nothing in divisions (A) or (B) of this section prohibits
an internet- or computer-based community school from increasing
the number of grade levels it offers.
(D) Not later than July 1, 2012, the director of the
governor's office of 21st century education and the superintendent
of public instruction shall develop standards for the operation of
internet- or computer-based community schools. The director shall
submit those standards to the speaker of the house of
representatives and the president of the senate for consideration
of enactment by the general assembly.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of any and all sponsors of the
community schools established under this chapter and shall provide
technical assistance to schools and sponsors in their compliance
with applicable laws and the terms of the contracts entered into
under section 3314.03 of the Revised Code and in the development
and start-up activities of those schools. In carrying out its
duties under this section, the department shall do all of the
following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools;
(3) Monitor and evaluate, as required under section 3314.016
of the Revised Code, the effectiveness of any and all sponsors in
their oversight of the schools with which they have contracted;
(4) By December thirty-first of each year, issue a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the house and
senate committees principally responsible for education matters
regarding the effectiveness of academic programs, operations, and
legal compliance and of the financial condition of all community
schools established under this chapter and on the performance of
community school sponsors;
(5) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) Except as provided in sections 3314.021 and 3314.027
of the Revised Code, no entity listed in division (C)(1) of
section 3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and deadlines
for processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The rules shall
require an entity to submit evidence of the entity's ability and
willingness to comply with the provisions of division (D) of
section 3314.03 of the Revised Code. The rules also shall require
entities approved as sponsors on and after June 30, 2005, to
demonstrate a record of financial responsibility and successful
implementation of educational programs. If an entity seeking
approval on or after June 30, 2005, to sponsor community schools
in this state sponsors or operates schools in another state, at
least one of the schools sponsored or operated by the entity must
be comparable to or better than the performance of Ohio schools in
need of continuous improvement under section 3302.03 of the
Revised Code, as determined by the department.
Subject to section 3314.016 of the Revised Code, an entity
that sponsors community schools may enter into preliminary
agreements and sponsor up to one hundred schools, provided each
school and the contract for sponsorship meets the requirements of
this chapter.
(2) The department state board of education shall determine,
pursuant to criteria adopted by rule of the department specified
in rules adopted in accordance with Chapter 119. of the Revised
Code, whether the mission proposed to be specified in the contract
of a community school to be sponsored by a state university board
of trustees or the board's designee under division (C)(1)(e) of
section 3314.02 of the Revised Code complies with the requirements
of that division. Such determination of the
department state
board is final.
(3) The department state board of education shall determine,
pursuant to criteria adopted by rule of the department specified
in rules adopted in accordance with Chapter 119. of the Revised
Code, if any tax-exempt entity under section 501(c)(3) of the
Internal Revenue Code that is proposed to be a sponsor of a
community school is an education-oriented entity for purpose of
satisfying the condition prescribed in division (C)(1)(f)(iii) of
section 3314.02 of the Revised Code. Such determination of the
department state board is final.
(C) If at any time the state board of education finds that a
sponsor is not in compliance or is no longer willing to comply
with its contract with any community school or with the
department's rules for sponsorship, the state board or designee
shall conduct a hearing in accordance with Chapter 119. of the
Revised Code on that matter. If after the hearing, the state board
or designee has confirmed the original finding, the department of
education may revoke the sponsor's approval to sponsor community
schools. In that case, the department's office of Ohio school
sponsorship, established under section 3314.029 of the Revised
Code, may assume the sponsorship of any schools with which the
sponsor has contracted until the earlier of the expiration of two
school years or until a new sponsor as described in division
(C)(1) of section 3314.02 of the Revised Code is secured by the
school's governing authority. The office of Ohio school
sponsorship may extend the term of the contract in the case of a
school for which it has assumed sponsorship under this division as
necessary to accommodate the term of the department's
authorization to sponsor the school specified in this division.
Community schools sponsored under this division shall not apply to
the limit on directly authorized community schools under division
(A)(3) of section 3314.029 of the Revised Code. However, nothing
in this division shall preclude a community school affected by
this division from applying for sponsorship under that section.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship under division (C) of this section, may be
appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The
office of Ohio school sponsorship established under section
3314.029 of the Revised Code shall be ranked rated under division
(B) of this section, but divisions (A) and (C) of this section do
not apply to the office.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets both of the following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department of education.
(2) The entity is not ranked in the lowest twenty per cent of
community school sponsors on the ranking prescribed by rated as
"ineffective" under division (B)(6) of this section.
(B)(1) For purposes of this section, the department shall
develop a composite performance index score, as defined in section
3302.01 of the Revised Code, that measures the academic and
implement an evaluation system that rates each entity that
sponsors a community school based on the following components:
(a) Academic performance of students enrolled in community
schools sponsored by the same entity;
(b) Adherence by a sponsor to the quality practices
prescribed by the department under division (B)(3) of this
section. The department shall not include this measure in the
sponsor evaluation rating system until the department prescribes
quality practices and develops an instrument to measure adherence
to those practices under division (B)(3) of this section.
(c) Compliance with applicable laws and administrative rules
by an entity that sponsors a community school.
(2) In calculating an entity's composite academic performance
index score component, the department shall exclude all of the
following:
(a) All community schools that have been in operation for
less not more than two full school years;
(b) All community schools described in division (A)(3)(4)(b)
of section 3314.35 of the Revised Code, but the department shall
cease to exclude the schools described in division (A)(3)(a) of
that section if those schools become subject to closure under
division (D) of that section.
(3) The department, in consultation with entities that
sponsor community schools, shall prescribe quality practices for
community school sponsors and develop an instrument to measure
adherence to those quality practices. The quality practices shall
be based on standards developed by the national association of
charter school authorizers or any other nationally organized
community school organization.
(4)(a) The department may permit peer review of a sponsor's
adherence to the quality practices prescribed under division
(B)(3) of this section.
(b) The department shall require individuals participating in
peer review under division (B)(4)(a) of this section to complete
training approved or established by the department.
(c) The department may enter into an agreement with another
entity to provide training to individuals conducting peer review
of sponsors. Prior to entering into an agreement with an entity,
the department shall review and approve of the entity's training
program.
(5) Not later than July 1, 2013, the state board of education
shall adopt rules in accordance with Chapter 119. of the Revised
Code prescribing standards for measuring compliance with
applicable laws and rules under division (B)(1)(c) of this
section.
(6) The department annually shall rank rate all entities that
sponsor community schools from highest to lowest according to the
entities' composite performance index scores and as either
"exemplary," "effective," or "ineffective," based on the
components prescribed by division (B) of this section, where each
component is weighted equally, except that entities sponsoring
community schools for the first time may be assigned the rating of
"emerging" for only the first two consecutive years.
The department shall publish the
rankings ratings between
the first day of October and the fifteenth day of October.
(7)(a) Prior to the 2014-2015 school year, student academic
performance prescribed under division (B)(1)(a) of this section
shall not include student academic performance data from community
schools that primarily serve students enrolled in a dropout
prevention and recovery program as described in division (A)(4)(a)
of section 3314.35 of the Revised Code.
(b) For the 2014-2015 school year and each school year
thereafter, student academic performance prescribed under division
(B)(1)(a) of this section shall include student academic
performance data from community schools that primarily serve
students enrolled in a dropout prevention and recovery program.
(C) If the governing authority of a community school enters
into a contract with a sponsor prior to the date on which the
sponsor is prohibited from sponsoring additional schools under
division (A) of this section and the school has not opened for
operation as of that date, that contract shall be void and the
school shall not open until the governing authority secures a new
sponsor by entering into a contract with the new sponsor under
section 3314.03 of the Revised Code. However, the department's
office of Ohio school sponsorship, established under section
3314.029 of the Revised Code, may assume the sponsorship of the
school until the earlier of the expiration of two school years or
until a new sponsor is secured by the school's governing
authority. A community school sponsored by the department under
this division shall not be included when calculating the maximum
number of directly authorized community schools permitted under
division (A)(3) of section 3314.029 of the Revised Code.
Sec. 3314.017. (A) The state board of education shall
prescribe by rules, adopted in accordance with Chapter 119. of the
Revised Code, an academic performance rating and report card
system that satisfies the requirements of this section for
community schools that primarily serve students enrolled in
dropout prevention and recovery programs as described in division
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in
lieu of the system prescribed under sections 3302.03 and 3314.012
of the Revised Code beginning with the 2012-2013 school year. Each
such school shall comply with the testing and reporting
requirements of the system as prescribed by the state board.
(B) Nothing in this section shall at any time relieve a
school from its obligations under the "No Child Left Behind Act of
2001" to make "adequate yearly progress," as both that act and
that term are defined in section 3302.01 of the Revised Code, or a
school's amenability to the provisions of section 3302.04 or
3302.041 of the Revised Code. The department shall continue to
report each school's performance as required by the act and to
enforce applicable sanctions under section 3302.04 or 3302.041 of
the Revised Code.
(C) The rules adopted by the state board shall prescribe the
following performance indicators for the rating and report card
system required by this section:
(1) Graduation rate for each of the following student
cohorts:
(a) The number of students who graduate in four years or less
with a regular high school diploma divided by the number of
students who form the adjusted cohort for the graduating class;
(b) The number of students who graduate in five years with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the four-year graduation rate;
(c) The number of students who graduate in six years with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the four-year graduation rate;
(d) The number of students who graduate in seven years with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the four-year graduation rate;
(e) The number of students who graduate in eight years with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the four-year graduation rate.
(2) The percentage of twelfth-grade students currently
enrolled in the school who have attained the designated passing
score on all of the applicable state high school achievement
assessments required under division (B)(1) or (2) of section
3301.0710 of the Revised Code and other students enrolled in the
school, regardless of grade level, who are within three months of
their twenty-second birthday and have attained the designated
passing score on all of the applicable state high school
achievement assessments by their twenty-second birthday;
(3) Annual measurable objectives as defined in section
3302.01 of the Revised Code;
(4) Growth in student achievement in reading, or mathematics,
or both as measured by separate nationally norm-referenced
assessments that have developed appropriate standards for students
enrolled in dropout prevention and recovery programs, adopted or
approved by the state board.
(D)(1) The state board's rules shall prescribe the expected
performance levels and benchmarks for each of the indicators
prescribed by division (C) of this section based on the data
gathered by the department under division (F) of this section.
Based on a school's level of attainment or nonattainment of the
expected performance levels and benchmarks for each of the
indicators, the department shall rate each school in one of the
following categories:
(c) Does not meet standards.
(2) The state board's rules shall establish all of the
following:
(a) Not later than June 30, 2013, performance levels and
benchmarks for the indicators described in divisions (C)(1) to (3)
of this section;
(b) Not later than December 31, 2014, both of the following:
(i) Performance levels and benchmarks for the indicator
described in division (C)(4) of this section;
(ii) Standards for awarding a community school described in
division (A)(4)(a) of section 3314.35 of the Revised Code an
overall designation, which shall be calculated as follows:
(I) Thirty per cent of the score shall be based on the
indicators described in division (C)(1) of this section that are
applicable to the school year for which the overall designation is
granted.
(II) Thirty per cent of the score shall be based on the
indicators described in division (C)(4) of this section.
(III) Twenty per cent of the score shall be based on the
indicators described in division (C)(2) of this section.
(IV) Twenty per cent of the score shall be based on the
indicators described in division (C)(3) of this section.
(3) If both of the indicators described in divisions (C)(1)
and (2) of this section improve by ten per cent for two
consecutive years, a school shall be rated as "meets standards."
The rating and the relevant performance data for each school
shall be posted on the department's web site, and a copy of the
rating and data shall be provided to the governing authority of
the community school.
(E)(1) For the 2012-2013 school year, the department shall
issue a report card including the following performance measures,
but without a performance rating as described in divisions
(D)(1)(a) to (c) of this section, for each community school
described in division (A)(4)(a) of section 3314.35 of the Revised
Code:
(a) The graduation rates as described in divisions (C)(1)(a)
to (c) of this section;
(b) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2) of
this section;
(c) The statewide average for the graduation rates and
assessment passage rates described in divisions (C)(1)(a) to (c)
and (C)(2) of this section;
(d) Annual measurable objectives described in division (C)(3)
of this section.
(2) For the 2013-2014 school year, the department shall issue
a report card including the following performance measures for
each community school described in division (A)(4) of section
3314.35 of the Revised Code:
(a) The graduation rates described in divisions (C)(1)(a) to
(d) of this section, including a performance rating as described
in divisions (D)(1)(a) to (c) of this section;
(b) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2) of
this section, including a performance rating as described in
divisions (D)(1)(a) to (c) of this section;
(c) Annual measurable objectives described in division (C)(3)
of this section, including a performance rating as described in
divisions (D)(1)(a) to (c) of this section;
(d) Both of the following without an assigned rating:
(i) Growth in annual student achievement in reading and
mathematics described in division (C)(4) of this section, if
available;
(ii) Student outcome data, including postsecondary credit
earned, nationally recognized career or technical certification,
military enlistment, job placement, and attendance rate.
(3) Beginning with the 2014-2015 school year, and annually
thereafter, the department shall issue a report card for each
community school described in division (A)(4)(a) of section
3314.35 of the Revised Code that includes all of the following
performance measures, including a performance rating for each
measure as described in divisions (D)(1)(a) to (c) of this
section:
(a) The graduation rates as described in division (C)(1) of
this section;
(b) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2) of
this section;
(c) Annual measurable objectives described in division (C)(3)
of this section, including a performance rating as described in
divisions (D)(1)(a) to (c) of this section;
(d) Growth in annual student achievement in reading and
mathematics as described in division (C)(4) of this section;
(e) An overall performance designation for the school
calculated under rules adopted under division (D)(2) of this
section.
The department shall also include student outcome data,
including postsecondary credit earned, nationally recognized
career or technical certification, military enlistment, job
placement, attendance rate, and progress on closing achievement
gaps for each school. This information shall not be included in
the calculation of a school's performance rating.
(F) In developing the rating and report card system required
by this section, during the 2012-2013 and 2013-2014 school years,
the department shall gather and analyze data as determined
necessary from each community school described in division
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school
shall cooperate with the department by supplying requested data
and administering required assessments, including sample
assessments for purposes of measuring student achievement growth
as described in division (C)(4) of this section. The department
shall consult with stakeholder groups in performing its duties
under this division.
The department shall also identify one or more states that
have established or are in the process of establishing similar
academic performance rating systems for dropout prevention and
recovery programs and consult with the departments of education of
those states in developing the system required by this section.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school
district or the governing board of an educational service center
that agrees to the conversion of all or part of a school or
building under division (B) of this section, or an entity listed
in division (C)(1) of this section, which either has been approved
by the department of education to sponsor community schools or is
exempted by section 3314.021 or 3314.027 of the Revised Code from
obtaining approval, and with which the governing authority of a
community school enters into a contract under section 3314.03 of
the Revised Code.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that is either meets one of the
following conditions:
(i) On the effective date of this amendment, the district was
in a state of academic emergency or in a state of academic watch
under section 3302.03 of the Revised Code, as that section existed
prior to the effective date of this amendment;
(ii) For two of the 2012-2013, 2013-2014, and 2014-2015
school years, the district received a grade of "D" or "F" for the
performance index score and a grade of "F" for the value-added
progress dimension under section 3302.03 of the Revised Code;
(iii) For the 2015-2016 school year and for any school year
thereafter, the district has received an overall grade of "D" or
"F" under division (C)(3) of section 3302.03 of the Revised Code,
or, for at least two of the three most recent school years, the
district received a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of
school districts according to performance index score under
section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. A proposing person or group that
has a preliminary agreement under this division may proceed to
finalize plans for the school, establish a governing authority for
the school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;. However, the governing board of an educational service
center may sponsor a new start-up school in any challenged school
district in the state if all of the following are satisfied:
(i) If applicable, it satisfies the requirements of division
(E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii) It enters into an agreement with the department under
section 3314.015 of the Revised Code.
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department of education under
division (B)(2) of section 3314.015 of the Revised Code will be
the practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district while that district is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code or ranked in the lowest five per cent according
to performance index score under section 3302.21 of the Revised
Code described in either division (A)(3)(b) or (d) of this section
may continue in existence once the school district is no longer in
a state of academic emergency or academic watch or ranked in the
lowest five per cent according to performance index score meets
the conditions described in either division, provided there is a
valid contract between the school and a sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013 and 3314.016 of the Revised
Code, an unlimited number of community schools may be established
in any school district provided that a contract is entered into
for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than five start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any sponsor or operator of a community
school, unless at least one year has elapsed since the conclusion
of the person's membership.
(4) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than four
hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school, unless the school
is located in a county within the territory of the service center
or in a county contiguous to such county, or unless the governing
board of the service center has entered into an agreement with the
department authorizing the service center to sponsor a community
school in any challenged school district in the state.
Sec. 3314.05. (A) The contract between the community school
and the sponsor shall specify the facilities to be used for the
community school and the method of acquisition. Except as provided
in divisions (B)(3) and (4) of this section, no community school
shall be established in more than one school district under the
same contract.
(B) Division (B) of this section shall not apply to internet-
or computer-based community schools.
(1) A community school may be located in multiple facilities
under the same contract only if the limitations on availability of
space prohibit serving all the grade levels specified in the
contract in a single facility or division (B)(2), (3), or (4) of
this section applies to the school. The school shall not offer the
same grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as all of the following apply:
(a) The governing authority of the community school filed a
copy of its contract with the school's sponsor under section
3314.03 of the Revised Code with the superintendent of public
instruction on or before May 15, 2008.
(b) The school was not open for operation prior to July 1,
2008.
(c) The governing authority has entered into and maintains a
contract with an operator of the type described in division
(A)(8)(b) of section 3314.02 of the Revised Code.
(d) The contract with that operator qualified the school to
be established pursuant to division (A) of former section 3314.016
of the Revised Code.
(e) The school's rating under section 3302.03 of the Revised
Code does not fall below "in need of continuous improvement" a
combination of any of the following for two or more consecutive
years:
(i) A rating of "in need of continuous improvement" under
section 3302.03 of the Revised Code, as that section existed prior
to the effective date of this section;
(ii) For the 2012-2013 and 2013-2014 school years, a rating
of "C" for both the performance index score under division
(A)(1)(b) or (B)(1)(b) and the value-added dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve,
the building received a grade of "C" for the performance index
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of
the Revised Code;
(iii) For the 2014-2015 school year and for any school year
thereafter, an overall grade of "C" under division (C)(3) of
section 3302.03 of the Revised Code or an overall performance
designation of "meets standards" under division (E)(3)(e) of
section 3314.017 of the Revised Code.
(3) A new start-up community school may be established in two
school districts under the same contract if all of the following
apply:
(a) At least one of the school districts in which the school
is established is a challenged school district;
(b) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level classrooms
in both facilities; and
(c) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as measured
by school bus.
In the case of a community school to which division (B)(3) of
this section applies, if only one of the school districts in which
the school is established is a challenged school district, that
district shall be considered the school's primary location and the
district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter. If both of the school districts in which the school
is established are challenged school districts, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of those divisions and all
other purposes of this chapter and shall notify the department of
education of that designation.
(4) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as both of the following apply:
(a) The facilities are all located in the same county.
(b) The governing authority has entered into and maintains a
contract with an operator Either of the following conditions are
satisfied:
(i) The community school is sponsored by a board of education
of a city, local, or exempted village school district having
territory in the same county where the facilities of the community
school are located;
(ii) The community school is managed by an operator.
In the case of a community school to which division (B)(4) of
this section applies and that maintains facilities in more than
one school district, the school's governing authority shall
designate one of those districts to be considered the school's
primary location and the district in which the school is located
for the purposes of division (A)(19) of section 3314.03 and
divisions (C) and (H) of section 3314.06 of the Revised Code and
for all other purposes of this chapter and shall notify the
department of that designation.
(5) Any facility used for a community school shall meet all
health and safety standards established by law for school
buildings.
(C) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service center, the facility may not be used for such community
school unless the district or service center board owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms
and conditions agreed to by the district or service center board
and the school.
(D) Two or more separate community schools may be located in
the same facility.
(E) In the case of a community school that is located in
multiple facilities, beginning July 1, 2012, the department shall
assign a unique identification number to the school and to each
facility maintained by the school. Each number shall be used for
identification purposes only. Nothing in this division shall be
construed to require the department to calculate the amount of
funds paid under this chapter, or to compute any data required for
the report cards issued under section 3314.012 of the Revised
Code, for each facility separately. The department shall make all
such calculations or computations for the school as a whole.
Sec. 3314.35. (A)(1) Except as provided in division
(A)(3)(4) of this section, this section applies to any community
school that meets one of the following criteria after July 1,
2009, but before July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(2) Except as provided in division (A)(3)(4) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2011, but before July 1, 2013:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(3) Except as provided in division (A)(4) of this section,
this section applies to any community school that meets one of the
following criteria on or after July 1, 2013:
(a) The school does not offer a grade level higher than three
and, for two of the three most recent school years, satisfies any
of the following criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment;
(ii) The school has received a grade of "F" in improving
literacy in grades kindergarten through three under division
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) of section 3302.03 of the Revised Code.
(b) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine and, for two of the
three most recent school years, satisfies any of the following
criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment;
(ii) The school has received a grade of "F" for the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) and a grade of "F" for the value-added progress
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of
section 3302.03 of the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) and a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code.
(c) The school offers any of grade levels ten to twelve and,
for two of the three most recent school years, satisfies any of
the following criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment;
(ii) The school has received a grade of "F" for the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) and has not met annual measurable objectives under
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of
the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) and a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code.
For purposes of division (A)(3) of this section only, the
value-added progress dimension for a community school shall be
calculated using assessment scores for only those students to whom
the school has administered the achievement assessments prescribed
by section 3301.0710 of the Revised Code for at least the two most
recent school years.
(4) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;. Rather, such schools shall
be subject to closure only as provided in section 3314.351 of the
Revised Code. However, prior to July 1, 2014, a community school
in which a majority of the students are enrolled in a dropout
prevention and recovery program shall be exempt from this section
only if it has been granted a waiver under section 3314.36 of the
Revised Code.
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) or (2) of this section.
(D) Notwithstanding division (A)(3)(a) of this section, if,
by March 31, 2013, the general assembly does not enact for
community schools described in that division performance
standards, a report card rating system, and criteria for closure,
those schools shall be required to permanently close upon meeting
the criteria prescribed in division (A)(2) of this section, except
that, subject to division (C) of this section, only the
performance ratings issued for the 2012-2013 school year and later
shall count in determining if the criteria are met.
Sec. 3314.351. (A) This section applies to any community
school in which a majority of the students are enrolled in a
dropout prevention and recovery program. Beginning on or after
July 1, 2014, any such community school that has received a
designation of "does not meet standards," as described in division
(D)(1) of section 3314.017 of the Revised Code on the report card
issued under that section, for at least two of the three most
recent school years shall be subject to closure in accordance with
this section.
(B) Not later than the first day of September in each school
year, the department of education shall notify each school subject
to closure under this section that the school must close not later
than the thirtieth day of the following June.
A school so notified shall close as required.
(C) A school that opens on or after July 1, 2014, shall not
be subject to closure under this section for its first two years
of operation. A school that is in operation prior to July 1, 2014,
shall not be subject to closure under this section until after
August 31, 2016.
(D) The sponsor and governing authority of the school shall
comply with all procedures for closing a community school adopted
by the department under division (E) of section 3314.015 of the
Revised Code. The governing authority of the school shall not
enter into a contract with any other sponsor under section 3314.03
of the Revised Code after the school closes.
Sec. 3314.36. (A) Except as otherwise provided in division
(D) of section Section 3314.35 of the Revised Code, that section
does not apply to any community school in which a majority of the
students are enrolled in a dropout prevention and recovery program
that is operated by the school and that has been granted a waiver
by the department of education. The Until June 30, 2014, 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 (D)(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 (A)(4) of
this section during the remainder of the student's high school
experience.
(6) 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.
(B) Notwithstanding division (A) of this section, the
department shall not grant a waiver to any community school that
did not qualify for a waiver under this section when it initially
began operations, unless the state board of education approves the
waiver.
(C) Beginning on July 1, 2014, all community schools in which
a majority of the students are enrolled in a dropout prevention
and recovery program are subject to the provisions of section
3314.351 of the Revised Code, regardless of whether a waiver has
been granted under this section. Thereafter, no waivers shall be
granted under this section.
Sec. 3314.361. Notwithstanding anything to the contrary in
this chapter, a community school that operates a drug recovery
program in cooperation with a court shall be considered a dropout
prevention and recovery program for purposes of this chapter,
regardless of the ages of students or grade levels served by the
school.
Sec. 3314.37. (A) A five-year demonstration project is hereby
established at the community schools known as the ISUS institutes.
The project is a research and development initiative to collect
and analyze data with which to improve dropout prevention and
recovery programs, to evaluate various methodologies employed in
those programs, to develop tools and criteria for evaluating
community schools that operate dropout prevention and recovery
programs, to institute stringent accountability measures for such
community schools, and to direct curricular and programming
decisions for such community schools. The program shall begin with
the 2008-2009 school year and shall operate through the 2012-2013
school year.
(B) Under the demonstration project, the ISUS institutes
shall select and pay the costs of an independent evaluator to
create a study plan and collect and analyze data from the
institutes. The ISUS institutes' selection of the independent
evaluator is subject to the approval of the department of
education. The data collected by the evaluator shall include, but
need not be limited to, the following:
(1) Baseline measures of student status at enrollment,
including academic level; history of court involvement, drug use,
and other behavioral problems; and the circumstances of the
students' parenting and living arrangements;
(2) Student academic progress, measured at multiple and
regular intervals each school year;
(3) Value-added elements of the institutes' dropout
prevention and recovery programs, including industry
certifications, college coursework, community service and service
learning, apprenticeships, and internships;
(4) Outcomes in addition to high school graduation, including
students' contributions to community service and students'
transitions to employment, post-secondary training, college, or
the military.
(C) Not later than the thirtieth day of September following
each school year in which the demonstration project is operating,
the independent evaluator shall do both of the following:
(1) Submit to the ISUS institutes and the department all data
collected and a report of its data analysis;
(2) Submit a report of its data analysis to the speaker and
minority leader of the house of representatives, the president and
minority leader of the senate, and the chairpersons and ranking
minority members of the standing committees of the house of
representatives and the senate that consider education
legislation.
(D) For each school year in which the demonstration project
is operating:
(1) The ISUS institutes shall continue to report data through
the education management information system under section 3314.17
of the Revised Code.
(2) The department shall continue to issue annual report
cards for the ISUS institutes under section 3314.012 of the
Revised Code and shall continue to assign them performance ratings
under division (B) of section 3302.03 of the Revised Code.
(E) Nothing in this section prevents the application to the
ISUS institutes, during the demonstration project, of any
provision of the Revised Code or rule or policy of the department
or the state board of education requiring closure, or otherwise
restricting the operation, of a community school based on measures
of academic performance for any school year before or during the
demonstration project. Nothing in this section prevents a sponsor
of an ISUS institute from terminating or not renewing its contract
with the school, from suspending the operations of the school, or
from placing the school on probationary status, in accordance with
this chapter, during the demonstration project. Nothing in this
section prevents the auditor of state from taking action against
an ISUS institute under Chapter 117. of the Revised Code or other
applicable law during the demonstration project.
(F) The department may conduct its own analysis of data
submitted under the demonstration project.
(G) Not later than December 31, 2013, the independent
evaluator shall issue a final report of its findings and analysis
and its recommendations for appropriate academic accountability
measures for community schools that operate dropout prevention and
recovery programs. The independent evaluator shall submit the
report to the department, the speaker and minority leader of the
house of representatives, the president and minority leader of the
senate, and the chairpersons and ranking minority members of the
standing committees of the house of representatives and the senate
that consider education legislation.
Sec. 3317.081. (A) Tuition shall be computed in accordance
with this section if:
(1) The tuition is required by division (C)(3)(b) of section
3313.64 of the Revised Code; or
(2) Neither the child nor the child's parent resides in this
state and tuition is required by section 3327.06 of the Revised
Code.
(B) Tuition computed in accordance with this section shall
equal the attendance district's tuition rate computed under
section 3317.08 of the Revised Code plus the amount in state
education aid, as defined in section 3317.02 of the Revised Code,
that district would have received for the child during the school
year had the attendance district been authorized to count the
child in its formula ADM for that school year under section
3317.03 of the Revised Code.
Sec. 3319.11. (A) As used in this section:
(1) "Evaluation procedures" means the procedures required by
the policy adopted pursuant to division (A) of section 3319.111 of
the Revised Code.
(2) "Limited contract" means a limited contract, as described
in section 3319.08 of the Revised Code, that a school district
board of education or governing board of an educational service
center enters into with a teacher who is not eligible for
continuing service status.
(3) "Extended limited contract" means a limited contract, as
described in section 3319.08 of the Revised Code, that a board of
education or governing board enters into with a teacher who is
eligible for continuing service status.
(B) Teachers eligible for continuing service status in any
city, exempted village, local, or joint vocational school district
or educational service center shall be those teachers qualified as
described in division (D) of section 3319.08 of the Revised Code,
who within the last five years have taught for at least three
years in the district or center, and those teachers who, having
attained continuing contract status elsewhere, have served two
years in the district or center, but the board, upon the
recommendation of the superintendent, may at the time of
employment or at any time within such two-year period, declare any
of the latter teachers eligible.
(1) Upon the recommendation of the superintendent that a
teacher eligible for continuing service status be reemployed, a
continuing contract shall be entered into between the board and
the teacher unless the board by a three-fourths vote of its full
membership rejects the recommendation of the superintendent. If
the board rejects by a three-fourths vote of its full membership
the recommendation of the superintendent that a teacher eligible
for continuing service status be reemployed and the superintendent
makes no recommendation to the board pursuant to division (C) of
this section, the board may declare its intention not to reemploy
the teacher by giving the teacher written notice on or before the
first day of June of its intention not to reemploy the teacher. If
evaluation procedures have not been complied with pursuant to
section 3319.111 of the Revised Code or the board does not give
the teacher written notice on or before the first day of June of
its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to
exceed one year at the same salary plus any increment provided by
the salary schedule. The teacher is presumed to have accepted
employment under the extended limited contract for a term not to
exceed one year unless such teacher notifies the board in writing
to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall
be executed accordingly. Upon any subsequent reemployment of the
teacher only a continuing contract may be entered into.
(2) If the superintendent recommends that a teacher eligible
for continuing service status not be reemployed, the board may
declare its intention not to reemploy the teacher by giving the
teacher written notice on or before the first day of June of its
intention not to reemploy the teacher. If evaluation procedures
have not been complied with pursuant to section 3319.111 of the
Revised Code or the board does not give the teacher written notice
on or before the first day of June of its intention not to
reemploy the teacher, the teacher is deemed reemployed under an
extended limited contract for a term not to exceed one year at the
same salary plus any increment provided by the salary schedule.
The teacher is presumed to have accepted employment under the
extended limited contract for a term not to exceed one year unless
such teacher notifies the board in writing to the contrary on or
before the fifteenth day of June, and an extended limited contract
for a term not to exceed one year shall be executed accordingly.
Upon any subsequent reemployment of a teacher only a continuing
contract may be entered into.
(3) Any teacher receiving written notice of the intention of
a board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(C)(1) If a board rejects the recommendation of the
superintendent for reemployment of a teacher pursuant to division
(B)(1) of this section, the superintendent may recommend
reemployment of the teacher, if continuing service status has not
previously been attained elsewhere, under an extended limited
contract for a term not to exceed two years, provided that written
notice of the superintendent's intention to make such
recommendation has been given to the teacher with reasons directed
at the professional improvement of the teacher on or before the
first day of June. Upon subsequent reemployment of the teacher
only a continuing contract may be entered into.
(2) If a board of education takes affirmative action on a
superintendent's recommendation, made pursuant to division (C)(1)
of this section, of an extended limited contract for a term not to
exceed two years but the board does not give the teacher written
notice of its affirmative action on the superintendent's
recommendation of an extended limited contract on or before the
first day of June, the teacher is deemed reemployed under a
continuing contract at the same salary plus any increment provided
by the salary schedule. The teacher is presumed to have accepted
employment under such continuing contract unless such teacher
notifies the board in writing to the contrary on or before the
fifteenth day of June, and a continuing contract shall be executed
accordingly.
(3) A board shall not reject a superintendent's
recommendation, made pursuant to division (C)(1) of this section,
of an extended limited contract for a term not to exceed two years
except by a three-fourths vote of its full membership. If a board
rejects by a three-fourths vote of its full membership the
recommendation of the superintendent of an extended limited
contract for a term not to exceed two years, the board may declare
its intention not to reemploy the teacher by giving the teacher
written notice on or before the first day of June of its intention
not to reemploy the teacher. If evaluation procedures have not
been complied with pursuant to section 3319.111 of the Revised
Code or if the board does not give the teacher written notice on
or before the first day of June of its intention not to reemploy
the teacher, the teacher is deemed reemployed under an extended
limited contract for a term not to exceed one year at the same
salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended
limited contract for a term not to exceed one year unless such
teacher notifies the board in writing to the contrary on or before
the fifteenth day of June, and an extended limited contract for a
term not to exceed one year shall be executed accordingly. Upon
any subsequent reemployment of the teacher only a continuing
contract may be entered into.
Any teacher receiving written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(D) A teacher eligible for continuing contract status
employed under an extended limited contract pursuant to division
(B) or (C) of this section, is, at the expiration of such extended
limited contract, deemed reemployed under a continuing contract at
the same salary plus any increment granted by the salary schedule,
unless evaluation procedures have been complied with pursuant to
section 3319.111 of the Revised Code and the employing board,
acting on the superintendent's recommendation that the teacher not
be reemployed, gives the teacher written notice on or before the
first day of June of its intention not to reemploy such teacher. A
teacher who does not have evaluation procedures applied in
compliance with section 3319.111 of the Revised Code or who does
not receive notice on or before the first day of June of the
intention of the board not to reemploy such teacher is presumed to
have accepted employment under a continuing contract unless such
teacher notifies the board in writing to the contrary on or before
the fifteenth day of June, and a continuing contract shall be
executed accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(E) The board shall enter into a limited contract with each
teacher employed by the board who is not eligible to be considered
for a continuing contract.
Any teacher employed under a limited contract, and not
eligible to be considered for a continuing contract, is, at the
expiration of such limited contract, considered reemployed under
the provisions of this division at the same salary plus any
increment provided by the salary schedule unless evaluation
procedures have been complied with pursuant to section 3319.111 of
the Revised Code and the employing board, acting upon the
superintendent's written recommendation that the teacher not be
reemployed, gives such teacher written notice of its intention not
to reemploy such teacher on or before the first day of June. A
teacher who does not have evaluation procedures applied in
compliance with section 3319.111 of the Revised Code or who does
not receive notice of the intention of the board not to reemploy
such teacher on or before the first day of June is presumed to
have accepted such employment unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of
June, and a written contract for the succeeding school year shall
be executed accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(F) The failure of a superintendent to make a recommendation
to the board under any of the conditions set forth in divisions
(B) to (E) of this section, or the failure of the board to give
such teacher a written notice pursuant to divisions (C) to (E) of
this section shall not prejudice or prevent a teacher from being
deemed reemployed under either a limited or continuing contract as
the case may be under the provisions of this section. A failure of
the parties to execute a written contract shall not void any
automatic reemployment provisions of this section.
(G)(1) Any teacher receiving written notice of the intention
of a board of education not to reemploy such teacher pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten
days of the date of receipt of the notice, file with the treasurer
of the board a written demand for a written statement describing
the circumstances that led to the board's intention not to
reemploy the teacher.
(2) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
written statement pursuant to division (G)(1) of this section,
provide to the teacher a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher.
(3) Any teacher receiving a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher pursuant to division (G)(2) of this section may,
within five days of the date of receipt of the statement, file
with the treasurer of the board a written demand for a hearing
before the board pursuant to divisions (G)(4) to (6) of this
section.
(4) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
hearing pursuant to division (G)(3) of this section, provide to
the teacher a written notice setting forth the time, date, and
place of the hearing. The board shall schedule and conclude the
hearing within forty days of the date on which the treasurer of
the board receives a written demand for a hearing pursuant to
division (G)(3) of this section.
(5) Any hearing conducted pursuant to this division shall be
conducted by a majority of the members of the board. The hearing
shall be held in executive session of the board unless the board
and the teacher agree to hold the hearing in public. The
superintendent, assistant superintendent, the teacher, and any
person designated by either party to take a record of the hearing
may be present at the hearing. The board may be represented by
counsel and the teacher may be represented by counsel or a
designee. A record of the hearing may be taken by either party at
the expense of the party taking the record.
(6) Within ten days of the conclusion of a hearing conducted
pursuant to this division, the board shall issue to the teacher a
written decision containing an order affirming the intention of
the board not to reemploy the teacher reported in the notice given
to the teacher pursuant to division (B), (C)(3), (D), or (E) of
this section or an order vacating the intention not to reemploy
and expunging any record of the intention, notice of the
intention, and the hearing conducted pursuant to this division.
(7) A teacher may appeal an order affirming the intention of
the board not to reemploy the teacher to the court of common pleas
of the county in which the largest portion of the territory of the
school district or service center is located, within thirty days
of the date on which the teacher receives the written decision, on
the grounds that the board has not complied with this section or
section 3319.111 of the Revised Code.
Notwithstanding section 2506.04 of the Revised Code, the
court in an appeal under this division is limited to the
determination of procedural errors and to ordering the correction
of procedural errors and shall have no jurisdiction to order a
board to reemploy a teacher, except that the court may order a
board to reemploy a teacher in compliance with the requirements of
division (B), (C)(3), (D), or (E) of this section when the court
determines that evaluation procedures have not been complied with
pursuant to section 3319.111 of the Revised Code or the board has
not given the teacher written notice on or before the first day of
June of its intention not to reemploy the teacher pursuant to
division (B), (C)(3), (D), or (E) of this section. Otherwise, the
determination whether to reemploy or not reemploy a teacher is
solely a board's determination and not a proper subject of
judicial review and, except as provided in this division, no
decision of a board whether to reemploy or not reemploy a teacher
shall be invalidated by the court on any basis, including that the
decision was not warranted by the results of any evaluation or was
not warranted by any statement given pursuant to division (G)(2)
of this section.
No appeal of an order of a board may be made except as
specified in this division.
(H)(1) In giving a teacher any notice required by division
(B), (C), (D), or (E) of this section, the board or the
superintendent shall do either of the following:
(a) Deliver the notice by personal service upon the teacher;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the teacher at the teacher's place of
employment and deliver a copy of the notice by certified mail,
return receipt requested, addressed to the teacher at the
teacher's place of residence.
(2) In giving a board any notice required by division (B),
(C), (D), or (E) of this section, the teacher shall do either of
the following:
(a) Deliver the notice by personal delivery to the office of
the superintendent during regular business hours;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the office of the superintendent and
deliver a copy of the notice by certified mail, return receipt
requested, addressed to the president of the board at the
president's place of residence.
(3) When any notice and copy of the notice are mailed
pursuant to division (H)(1)(b) or (2)(b) of this section, the
notice or copy of the notice with the earlier date of receipt
shall constitute the notice for the purposes of division (B), (C),
(D), or (E) of this section.
(I) The provisions of this section shall not apply to any
supplemental written contracts entered into pursuant to section
3319.08 of the Revised Code.
(J) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the dates set forth in this section as
"on or before the first day of June" or "on or before the
fifteenth day of June" prevail over any conflicting provisions of
a collective bargaining agreement entered into on or after the
effective date of this amendment.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised
Code, this section applies to any person who is employed under a
teacher license issued under this chapter, or under a professional
or permanent teacher's certificate issued under former section
3319.222 of the Revised Code, and who spends at least fifty per
cent of the time employed providing student instruction. However,
this section does not apply to any person who is employed as a
substitute teacher or as an instructor of adult education.
(A) Not later than July 1, 2013, the board of education of
each school district, in consultation with teachers employed by
the board, shall adopt a standards-based teacher evaluation policy
that conforms with the framework for evaluation of teachers
developed under section 3319.112 of the Revised Code. The policy
shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that
is in effect on the effective date of this section September 29,
2011, and shall be included in any renewal or extension of such an
agreement.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code or an alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of
the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension or alternative student
academic progress measure is not applicable, the board shall
administer assessments on the list developed under division (B)(2)
of section 3319.112 of the Revised Code.
(C)(1) The board shall conduct an evaluation of each teacher
employed by the board at least once each school year, except as
provided in division (C)(2) of this section. The evaluation shall
be completed by the first day of May and the teacher shall receive
a written report of the results of the evaluation by the tenth day
of May.
(2) The board may elect, by adoption of a resolution, to
evaluate each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section once
every two school years. In that case, the biennial evaluation
shall be completed by the first day of May of the applicable
school year, and the teacher shall receive a written report of the
results of the evaluation by the tenth day of May of that school
year.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who hold a
credential established by the department of education for being an
evaluator:
(1) A person who is under contract with the board pursuant to
section 3319.01 or 3319.02 of the Revised Code and holds a license
designated for being a superintendent, assistant superintendent,
or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director, administrative specialist, or
supervisor in any educational area issued under section 3319.22 of
the Revised Code;
(3) A person designated to conduct evaluations under an
agreement entered into by the board, including an agreement
providing for peer review entered into by the board and
representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the
board to conduct evaluations and who holds a license designated
for being a superintendent, assistant superintendent, principal,
vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of
the Revised Code:
(1) The board shall require at least three formal
observations of each teacher who is under consideration for
nonrenewal and with whom the board has entered into a limited
contract or an extended limited contract under section 3319.11 of
the Revised Code.
(2) The board may elect, by adoption of a resolution, to
require only one formal observation of a teacher who received a
rating of accomplished on the teacher's most recent evaluation
conducted under this section, provided the teacher completes a
project that has been approved by the board to demonstrate the
teacher's continued growth and practice at the accomplished level.
(F) The board shall include in its evaluation policy
procedures for using the evaluation results for retention and
promotion decisions and for removal of poorly performing teachers.
Seniority shall not be the basis for a decision to retain a
teacher, except when making a decision between teachers who have
comparable evaluations.
(G) For purposes of section 3333.0411 of the Revised Code,
the board annually shall report to the department of education the
number of teachers for whom an evaluation was conducted under this
section and the number of teachers assigned each rating prescribed
under division (B)(1) of section 3319.112 of the Revised Code,
aggregated by the teacher preparation programs from which and the
years in which the teachers graduated. The department shall
establish guidelines for reporting the information required by
this division. The guidelines shall not permit or require that the
name of, or any other personally identifiable information about,
any teacher be reported under this division.
(H) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
amendment September 24, 2012.
Sec. 3319.112. (A) Not later than December 31, 2011, the
state board of education shall develop a standards-based state
framework for the evaluation of teachers. The state board may
update the framework periodically by adoption of a resolution. The
framework shall establish an evaluation system that does the
following:
(1) Provides for multiple evaluation factors, including
student academic growth which shall account for fifty per cent of
each. One factor shall be student academic growth which shall
account for fifty per cent of each evaluation. When applicable to
the grade level or subject area taught by a teacher, the
value-added progress dimension established under section 3302.021
of the Revised Code or an alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of
the Revised Code shall be used in the student academic growth
portion of an evaluation in proportion to the part of a teacher's
schedule of courses or subjects for which the value-added progress
dimension is applicable.
If a teacher's schedule is comprised only of courses or
subjects for which the value-added progress dimension is
applicable, one of the following applies:
(a) Beginning with the effective date of this amendment until
June 30, 2014, the majority of the student academic growth factor
of the evaluation shall be based on the value-added progress
dimension.
(b) On or after July 1, 2014, the entire student academic
growth factor of the evaluation shall be based on the value-added
progress dimension. In calculating student academic growth for an
evaluation, a student shall not be included if the student has
sixty or more unexcused absences for the school year.
(2) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated,
including at least two formal observations by the evaluator of at
least thirty minutes each and classroom walkthroughs;
(4) Assigns a rating on each evaluation in accordance with
division (B) of this section;
(5) Requires each teacher to be provided with a written
report of the results of the teacher's evaluation;
(6) Identifies measures of student academic growth for grade
levels and subjects for which the value-added progress dimension
prescribed by section 3302.021 of the Revised Code or an
alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code does not
apply;
(7) Implements a classroom-level, value-added program
developed by a nonprofit organization described in division (B) of
section 3302.021 of the Revised Code or an alternative student
academic progress measure if adopted under division (C)(1)(e) of
section 3302.03 of the Revised Code;
(8) Provides for professional development to accelerate and
continue teacher growth and provide support to poorly performing
teachers;
(9) Provides for the allocation of financial resources to
support professional development.
(B) For purposes of the framework developed under this
section, the state board also shall do the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111
of the Revised Code:
(2) For grade levels and subjects for which the assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code and the value-added progress dimension prescribed by section
3302.021 of the Revised Code, or alternative student academic
progress measure, do not apply, develop a list of student
assessments that measure mastery of the course content for the
appropriate grade level, which may include nationally normed
standardized assessments, industry certification examinations, or
end-of-course examinations.
(C) The state board shall consult with experts, teachers and
principals employed in public schools, and representatives of
stakeholder groups in developing the standards and criteria
required by division (B)(1) of this section.
(D) To assist school districts in developing evaluation
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of
the Revised Code, the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
(E) Not later than June 30, 2013, the state board, in
consultation with state agencies that employ teachers, shall
develop a standards-based framework for the evaluation of teachers
employed by those agencies. Each state agency that employs
teachers shall adopt a standards-based teacher evaluation policy
that conforms with the framework developed under this division.
The policy shall become operative at the expiration of any
collective bargaining agreement covering teachers employed by the
agency that is in effect on the effective date of this amendment
September 24, 2012, and shall be included in any renewal or
extension of such an agreement. However, this division does not
apply to any person who is employed as a substitute teacher or as
an instructor of adult education.
Sec. 3319.58. (A) As used in this section, "core subject
area" has the same meaning as in section 3319.074 of the Revised
Code.
(B) Each year, beginning with the 2015-2016 school year, the
board of education of each city, exempted village, local, and
joint vocational school district shall require each classroom
teacher who is currently teaching in a core subject area and has
received a rating of ineffective on the evaluations conducted
under section 3319.111 of the Revised Code for two of the three
most recent school years to register for and take all written
examinations of content knowledge selected by the department of
education as appropriate to determine expertise to teach that core
subject area and the grade level to which the teacher is assigned.
(C) Each year, beginning with the 2015-2016 school year, the
governing authority of each community school established under
Chapter 3314. of the Revised Code except a community school to
which section 3314.017 of the Revised Code applies and governing
body of each STEM school established under Chapter 3326. of the
Revised Code with a building ranked in the lowest ten per cent of
all public school buildings according to performance index score,
under section 3302.21 of the Revised Code, shall require each
classroom teacher currently teaching in a core subject area in
such a building to register for and take all written examinations
of content knowledge selected by the department as appropriate to
determine expertise to teach that core subject area and the grade
level to which the teacher is assigned.
(D) If a teacher who takes an examination under division (B)
of this section passes that examination and provides proof of that
passage to the teacher's employer, the employer shall require the
teacher, at the teacher's expense, to complete professional
development that is targeted to the deficiencies identified in the
teacher's evaluations conducted under section 3319.111 of the
Revised Code. The receipt by the teacher of a rating of
ineffective on the teacher's next evaluation after completion of
the professional development, or the failure of the teacher to
complete the professional development, shall be grounds for
termination of the teacher under section 3319.16 of the Revised
Code.
(E) If a teacher who takes an examination under this section
passes that examination and provides proof of that passage to the
teacher's employer, the teacher shall not be required to take the
examination again for three years, regardless of the teacher's
evaluation ratings or the performance index score ranking of the
building in which the teacher teaches. No teacher shall be
responsible for the cost of taking an examination under this
section.
(F) Each district board of education, each community school
governing authority, and each STEM school governing body may use
the results of a teacher's examinations required under division
(B) or (C) of this section in developing and revising professional
development plans and in deciding whether or not to continue
employing the teacher in accordance with the provisions of this
chapter or Chapter 3314. or 3326. of the Revised Code. However, no
decision to terminate or not to renew a teacher's employment
contract shall be made solely on the basis of the results of a
teacher's examination under this section until and unless the
teacher has not attained a passing score on the same required
examination for at least three consecutive administrations of that
examination.
Sec. 3326.03. (A) The STEM committee shall authorize the
establishment of and award grants to science, technology,
engineering, and mathematics schools based on proposals submitted
to the committee.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals to approve to
become a STEM school. In approving proposals for STEM schools, the
committee shall consider locating the schools in diverse
geographic regions of the state so that all students have access
to a STEM school.
The committee may authorize the establishment of a group of
multiple STEM schools to operate from multiple facilities located
in one or more school districts under the direction of a single
governing body in the manner prescribed by section 3326.031 of the
Revised Code. The committee shall consider the merits of each of
the proposed STEM schools within a group and shall authorize each
school separately. Anytime after authorizing a group of STEM
schools to be under the direction of a single governing body, upon
a proposal from the governing body, the committee may authorize
one or more additional schools to operate as part of that group.
The STEM committee may approve one or more STEM schools to
serve only students identified as gifted under Chapter 3324. of
the Revised Code.
(B) Proposals may be submitted only by a partnership of
public and private entities consisting of at least all of the
following:
(1) A city, exempted village, local, or joint vocational
school district or an educational service center;
(2) Higher education entities;
(3) Business organizations.
(C) Each proposal shall include at least the following:
(1) Assurances that the STEM school or group of STEM schools
will be under the oversight of a governing body and a description
of the members of that governing body and how they will be
selected;
(2) Assurances that each STEM school will operate in
compliance with this chapter and the provisions of the proposal as
accepted by the committee;
(3) Evidence that each school will offer a rigorous, diverse,
integrated, and project-based curriculum to students in any of
grades six through twelve, with the goal to prepare those students
for college, the workforce, and citizenship, and that does all of
the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that each school will attract school leaders who
support the curriculum principles of division (C)(3) of this
section;
(5) A description of how each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that each school will utilize an established
capacity to capture and share knowledge for best practices and
innovative professional development;
(7) Evidence that each school will operate in collaboration
with a partnership that includes institutions of higher education
and businesses;
(8) Assurances that each school has received commitments of
sustained and verifiable fiscal and in-kind support from regional
education and business entities;
(9) A description of how each school's assets will be
distributed if the school closes for any reason.
Sec. 3333.041. (A) On or before the last day of December of
each year, the chancellor of the Ohio board of regents shall
submit to the governor and, in accordance with section 101.68 of
the Revised Code, the general assembly a report or reports
concerning all of the following:
(1) The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution
of higher education and the percentage of each district's
graduates enrolled in a state institution of higher education
during the reporting period who were required during such period
by the college or university, as a prerequisite to enrolling in
those courses generally required for first-year students, to
enroll in a remedial course in English, including composition or
reading, mathematics, and any other area designated by the
chancellor. The chancellor also shall make the information
described in division (A)(1) of this section available to the
board of education of each city, exempted village, and local
school district.
Each state institution of higher education shall, by the
first day of November of each year, submit to the chancellor in
the form specified by the chancellor the information the
chancellor requires to compile the report.
(2) Aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised
Code or the alternative student academic progress measure if
adopted under division (C)(1)(e) of section 3302.03 of the Revised
Code. The chancellor shall aggregate the data by graduating class
for each approved teacher preparation program, except that if a
particular class has ten or fewer graduates to which this section
applies, the chancellor shall report the data for a group of
classes over a three-year period. In no case shall the report
identify any individual graduate. The department of education
shall share any data necessary for the report with the chancellor.
(3) The following information with respect to the Ohio
tuition trust authority:
(a) The name of each investment manager that is a minority
business enterprise or a women's business enterprise with which
the chancellor contracts;
(b) The amount of assets managed by investment managers that
are minority business enterprises or women's business enterprises,
expressed as a percentage of assets managed by investment managers
with which the chancellor has contracted;
(c) Efforts by the chancellor to increase utilization of
investment managers that are minority business enterprises or
women's business enterprises.
(4) The status of implementation of faculty improvement
programs under section 3345.28 of the Revised Code. The report
shall include, but need not be limited to, the following: the
number of professional leave grants made by each institution; the
purpose of each professional leave; and a statement of the cost to
the institution of each professional leave, to the extent that the
cost exceeds the salary of the faculty member on professional
leave.
(5) The number and types of biobased products purchased under
section 125.092 of the Revised Code and the amount of money spent
by state institutions of higher education for those biobased
products as that information is provided to the chancellor under
division (A) of section 3345.692 of the Revised Code.
(6) A description of dual enrollment programs, as defined in
section 3313.6013 of the Revised Code, that are offered by school
districts, community schools established under Chapter 3314. of
the Revised Code, STEM schools established under Chapter 3326. of
the Revised Code, college-preparatory boarding schools established
under Chapter 3328. of the Revised Code, and chartered nonpublic
high schools. The chancellor also shall post the information on
the chancellor's web site.
(7) The academic and economic impact of the Ohio innovation
partnership established under section 3333.61 of the Revised Code.
At a minimum, the report shall include the following:
(a) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(c) The chancellor's strategy in assigning choose Ohio first
scholarships among state universities and colleges and how the
actual awards fit that strategy.
(8) The academic and economic impact of the Ohio
co-op/internship program established under section 3333.72 of the
Revised Code. At a minimum, the report shall include the
following:
(a) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(c) The chancellor's strategy in allocating awards among
state institutions of higher education and how the actual awards
fit that strategy.
(B) As used in this section:
(1) "Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.
(2) "State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.
(3) "State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(4) "Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint
venture of any kind, that is owned and controlled by women who are
United States citizens and residents of this state.
Sec. 3333.048. (A) Not later than one year after the
effective date of this section October 16, 2009, the chancellor of
the Ohio board of regents and the superintendent of public
instruction jointly shall do the following:
(1) In accordance with Chapter 119. of the Revised Code,
establish metrics and educator preparation programs for the
preparation of educators and other school personnel and the
institutions of higher education that are engaged in their
preparation. The metrics and educator preparation programs shall
be aligned with the standards and qualifications for educator
licenses adopted by the state board of education under section
3319.22 of the Revised Code and the requirements of the Ohio
teacher residency program established under section 3319.223 of
the Revised Code. The metrics and educator preparation programs
also shall ensure that educators and other school personnel are
adequately prepared to use the value-added progress dimension
prescribed by section 3302.021 of the Revised Code or the
alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code.
(2) Provide for the inspection of institutions of higher
education desiring to prepare educators and other school
personnel.
(B) Not later than one year after the effective date of this
section October 16, 2009, the chancellor shall approve
institutions of higher education engaged in the preparation of
educators and other school personnel that maintain satisfactory
training procedures and records of performance, as determined by
the chancellor.
(C) If the metrics established under division (A)(1) of this
section require an institution of higher education that prepares
teachers to satisfy the standards of an independent accreditation
organization, the chancellor shall permit each institution to
satisfy the standards of either the national council for
accreditation of teacher education or the teacher education
accreditation council.
(D) The metrics and educator preparation programs established
under division (A)(1) of this section may require an institution
of higher education, as a condition of approval by the chancellor,
to make changes in the curricula of its preparation programs for
educators and other school personnel.
Notwithstanding division (D) of section 119.03 and division
(A)(1) of section 119.04 of the Revised Code, any metrics,
educator preparation programs, rules, and regulations, or any
amendment or rescission of such metrics, educator preparation
programs, rules, and regulations, adopted under this section that
necessitate institutions offering preparation programs for
educators and other school personnel approved by the chancellor to
revise the curricula of those programs shall not be effective for
at least one year after the first day of January next succeeding
the publication of the said change.
Each institution shall allocate money from its existing
appropriations to pay the cost of making the curricular changes.
(E) The chancellor shall notify the state board of the
metrics and educator preparation programs established under
division (A)(1) of this section and the institutions of higher
education approved under division (B) of this section. The state
board shall publish the metrics, educator preparation programs,
and approved institutions with the standards and qualifications
for each type of educator license.
(F) The graduates of institutions of higher education
approved by the chancellor shall be licensed by the state board in
accordance with the standards and qualifications adopted under
section 3319.22 of the Revised Code.
Sec. 3333.391. (A) As used in this section and in section
3333.392 of the Revised Code:
(1) "Academic year" shall be as defined by the chancellor of
the Ohio board of regents.
(2) "Hard-to-staff school" and "hard-to-staff subject" shall
be as defined by the department of education.
(3) "Parent" means the parent, guardian, or custodian of a
qualified student.
(4) "Qualified service" means teaching at a qualifying
school.
(5) "Qualifying school" means a hard-to-staff school district
building or a school district building that has a persistently low
performance rating of academic watch or academic emergency, as
determined jointly by the chancellor and superintendent of public
instruction, under section 3302.03 of the Revised Code at the time
the recipient becomes employed by the district.
(B) If the chancellor of the Ohio board of regents determines
that sufficient funds are available from general revenue fund
appropriations made to the Ohio board of regents or to the
chancellor, the chancellor and the superintendent of public
instruction jointly may develop and agree on a plan for the Ohio
teaching fellows program to promote and encourage high school
seniors to enter and remain in the teaching profession. Upon
agreement of such a plan, the chancellor shall establish and
administer the program in conjunction with the superintendent and
with the cooperation of teacher training institutions. Under the
program, the chancellor annually shall provide scholarships to
students who commit to teaching in a qualifying school for a
minimum of four years upon graduation from a teacher training
program at a state institution of higher education or an Ohio
nonprofit institution of higher education that has a certificate
of authorization under Chapter 1713. of the Revised Code. The
scholarships shall be for up to four years at the undergraduate
level at an amount determined by the chancellor based on state
appropriations.
(C) The chancellor shall adopt a competitive process for
awarding scholarships under the teaching fellows program, which
shall include minimum grade point average and scores on national
standardized tests for college admission. The process shall also
give additional consideration to all of the following:
(1) A person who has participated in the program described in
division (A) of section 3333.39 of the Revised Code;
(2) A person who plans to specialize in teaching students
with special needs;
(3) A person who plans to teach in the disciplines of
science, technology, engineering, or mathematics.
The chancellor shall require that all applicants to the
teaching fellows program shall file a statement of service status
in compliance with section 3345.32 of the Revised Code, if
applicable, and that all applicants have not been convicted of,
plead guilty to, or adjudicated a delinquent child for any
violation listed in section 3333.38 of the Revised Code.
(D) Teaching fellows shall complete the four-year teaching
commitment within not more than seven years after graduating from
the teacher training program. Failure to fulfill the commitment
shall convert the scholarship into a loan to be repaid under
section 3333.392 of the Revised Code.
(E) The chancellor shall adopt rules in accordance with
Chapter 119. of the Revised Code to administer this section and
section 3333.392 of the Revised Code.
Sec. 5910.01. As used in this chapter and section 5919.34 of
the Revised Code:
(A) "Child" includes natural and adopted children and
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and
the veteran parent meets the following criteria:
(1) The veteran parent is married to the child's natural or
adoptive parent at the time application for a scholarship granted
under this chapter is made; or if the veteran parent is deceased,
the child's natural or adoptive parent was married to the veteran
parent at the time of the veteran parent's death;
(2) The child resided with the veteran parent for a period of
not less than ten consecutive years immediately prior to making
application for the scholarship; or if the veteran parent is
deceased, the child resided with the veteran parent for a period
of not less than ten consecutive years immediately prior to the
veteran parent's death;
(3) The child received financial support from the veteran
parent for a period of not less than ten consecutive years
immediately prior to making application for the scholarship; or if
the veteran parent is deceased, the child received financial
support from the veteran parent for a period of not less than ten
consecutive years immediately prior to the veteran parent's death.
(B) "Veteran" includes either any of the following:
(1) Any person who was a member of the armed services of the
United States for a period of ninety days or more, or who was
discharged from the armed services due to a disability incurred
while a member with less than ninety days' service, or who died
while a member of the armed services; provided that such service,
disability, or death occurred during one of the following periods:
April 6, 1917, to November 11, 1918; December 7, 1941, to December
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to
May 7, 1975; August 2, 1990, to the end of operations conducted as
a result of the invasion of Kuwait by Iraq, including support for
operation desert shield and operation desert storm, as declared by
the president of the United States or the congress; October 7,
2001, to the end of operation enduring freedom as declared by the
president of the United States or the congress; March 20, 2003, to
the end of operation Iraqi freedom as declared by the president of
the United States or the congress; or any other period of conflict
established by the United States department of veterans affairs
for pension purposes;
(2) Any person who was a member of the armed services of the
United States and participated in an operation for which the armed
forces expeditionary medal was awarded;
(3) Any person who served as a member of the United States
merchant marine and to whom either of the following applies:
(a) The person has an honorable report of separation from the
active duty military service, form DD214 or DD215.
(b) The person served in the United States merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of
service.
(C) "Armed services of the United States" or "United States
armed forces" includes the army, air force, navy, marine corps,
coast guard, and such other military service branch as may be
designated by congress as a part of the armed forces of the United
States.
(D) "Board" means the Ohio war orphans scholarship board
created by section 5910.02 of the Revised Code.
(E) "Disabled" means having a sixty per cent or greater
service-connected disability or receiving benefits for permanent
and total nonservice-connected disability, as determined by the
United States department of veterans affairs.
(F) "United States merchant marine" includes the United
States army transport service and the United States naval
transport service.
Sec. 5910.02. There is hereby created an Ohio war orphans
scholarship board as part of the department of veterans services.
The board consists of eight members as follows: the chancellor of
the Ohio board of regents or the chancellor's designee; the
director of veterans services or the director's designee; one
member of the house of representatives, appointed by the speaker;
one member of the senate, appointed by the president of the
senate; and four members appointed by the governor, one of whom
shall be a representative of the American Legion, one of whom
shall be a representative of the Veterans of Foreign Wars, one of
whom shall be a representative of the Disabled American Veterans,
and one of whom shall be a representative of the AMVETS. At least
ninety days prior to the expiration of the term of office of the
representative of a veterans organization appointed by the
governor, the governor shall notify the state headquarters of the
affected organization of the need for an appointment and request
the organization to make at least three nominations. Within sixty
days after making the request for nominations, the governor may
make the appointment from the nominations received, or may reject
all the nominations and request at least three new nominations,
from which the governor shall make an appointment within thirty
days after making the request for the new nominations. If the
governor receives no nominations during this thirty-day period,
the governor may appoint any veteran.
Terms of office for the four members appointed by the
governor shall be for four years, commencing on the first day of
January and ending on the thirty-first day of December, except
that the term of the AMVETS representative shall expire December
31, 1998, and the new term that succeeds it shall commence on
January 1, 1999, and end on December 31, 2002. Each member shall
hold office from the date of the member's appointment until the
end of the term for which the member was appointed. The other
members shall serve during their terms of office. Any vacancy
shall be filled by appointment in the same manner as by original
appointment. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of
such term. Any appointed member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. The members of the board
shall serve without pay but shall be reimbursed for travel
expenses and for other actual and necessary expenses incurred in
the performance of their duties, not to exceed ten dollars per day
for ten days in any one year to be appropriated out of any moneys
in the state treasury to the credit of the general revenue fund.
The chancellor of the board of regents shall act as secretary
to the board and shall furnish such clerical and other assistance
as may be necessary to the performance of the duties of the board.
The board shall determine the number of scholarships to be
made available, receive applications for scholarships, pass upon
the eligibility of applicants, decide which applicants are to
receive scholarships, and do all other things necessary for the
proper administration of this chapter.
The board may apply for, and may receive and accept, grants,
and may receive and accept gifts, bequests, and contributions,
from public and private sources, including agencies and
instrumentalities of the United States and this state, and shall
deposit the grants, gifts, bequests, or contributions into the
Ohio war orphans scholarship fund.
Sec. 5910.07. The Ohio war orphans scholarship fund is
created in the state treasury. The fund shall consist of gifts,
bequests, grants, and contributions made to the fund. Investment
earnings of the fund shall be deposited into the fund. The fund
shall be used to operate the war orphans scholarship program and
to provide grants under sections 5910.01 to 5910.06 of the Revised
Code.
Sec. 5919.34. (A) As used in this section:
(1) "Academic term" means any one of the following:
(a) Fall term, which consists of fall semester or fall
quarter, as appropriate;
(b) Winter term, which consists of winter semester, winter
quarter, or spring semester, as appropriate;
(c) Spring term, which consists of spring quarter;
(d) Summer term, which consists of summer semester or summer
quarter, as appropriate.
(2) "Eligible applicant" means any individual to whom all of
the following apply:
(a) The individual does not possess a baccalaureate degree.
(b) The individual has enlisted, re-enlisted, or extended
current enlistment in the Ohio national guard or is an individual
to which division (F) of this section applies.
(c) The individual is actively enrolled as a full-time or
part-time student for at least three credit hours of course work
in a semester or quarter in a two-year or four-year
degree-granting program at a state institution of higher education
or a private institution of higher education, or in a
diploma-granting program at a state or private institution of
higher education that is a school of nursing.
(d) The individual has not accumulated ninety-six eligibility
units under division (E) of this section.
(3) "State institution of higher education" means any state
university or college as defined in division (A)(1) of section
3345.12 of the Revised Code, community college established under
Chapter 3354. of the Revised Code, state community college
established under Chapter 3358. of the Revised Code, university
branch established under Chapter 3355. of the Revised Code, or
technical college established under Chapter 3357. of the Revised
Code.
(4) "Private institution of higher education" means an Ohio
institution of higher education that is nonprofit and has received
a certificate of authorization pursuant to Chapter 1713. of the
Revised Code, that is a private institution exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code, or that holds a certificate of
registration and program authorization issued by the state board
of career colleges and schools pursuant to section 3332.05 of the
Revised Code.
(5) "Tuition" means the charges imposed to attend an
institution of higher education and includes general and
instructional fees. "Tuition" does not include laboratory fees,
room and board, or other similar fees and charges.
(B) There is hereby created a scholarship program to be known
as the Ohio national guard scholarship program.
(C) The adjutant general shall approve scholarships for all
eligible applicants. The adjutant general shall process all
applications for scholarships for each academic term in the order
in which they are received. The scholarships shall be made without
regard to financial need. At no time shall one person be placed in
priority over another because of sex, race, or religion.
(D)(1) Except as provided in divisions (I) and (J) of this
section, for each academic term that an eligible applicant is
approved for a scholarship under this section and either remains a
current member in good standing of the Ohio national guard or is
eligible for a scholarship under division (F)(1) of this section,
the institution of higher education in which the applicant is
enrolled shall, if the applicant's enlistment obligation extends
beyond the end of that academic term or if division (F)(1) of this
section applies, be paid on the applicant's behalf the applicable
one of the following amounts:
(a) If the institution is a state institution of higher
education, an amount equal to one hundred per cent of the
institution's tuition charges;
(b) If the institution is a nonprofit private institution or
a private institution exempt from regulation under Chapter 3332.
of the Revised Code as prescribed in section 3333.046 of the
Revised Code, an amount equal to one hundred per cent of the
average tuition charges of all state universities;
(c) If the institution is an institution that holds a
certificate of registration from the state board of career
colleges and schools, the lesser of the following:
(i) An amount equal to one hundred per cent of the
institution's tuition;
(ii) An amount equal to one hundred per cent of the average
tuition charges of all state universities, as that term is defined
in section 3345.011 of the Revised Code.
(2) An eligible applicant's scholarship shall not be reduced
by the amount of that applicant's benefits under "the Montgomery
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).
(E) A scholarship recipient under this section shall be
entitled to receive scholarships under this section for the number
of quarters or semesters it takes the recipient to accumulate
ninety-six eligibility units as determined under divisions (E)(1)
to (3) of this section.
(1) To determine the maximum number of semesters or quarters
for which a recipient is entitled to a scholarship under this
section, the adjutant general shall convert a recipient's credit
hours of enrollment for each academic term into eligibility units
in accordance with the following table:
|
|
The |
|
|
|
|
Number of |
|
following |
|
The following |
|
|
credit hours |
|
number of |
|
number of |
|
|
of enrollment |
|
eligibility
|
|
eligibility |
|
|
in an academic |
|
units if a |
|
units if a |
|
|
term |
equals |
semester |
or |
quarter |
|
|
|
|
|
|
|
|
|
12 or more hours |
|
12 units |
|
8 units |
|
|
9 but less than 12 |
|
9 units |
|
6 units |
|
|
6 but less than 9 |
|
6 units |
|
4 units |
|
|
3 but less than 6 |
|
3 units |
|
2 units |
|
|
(2) A scholarship recipient under this section may continue
to apply for scholarships under this section until the recipient
has accumulated ninety-six eligibility units.
(3) If a scholarship recipient withdraws from courses prior
to the end of an academic term so that the recipient's enrollment
for that academic term is less than three credit hours, no
scholarship shall be paid on behalf of that person for that
academic term. Except as provided in division (F)(3) of this
section, if a scholarship has already been paid on behalf of the
person for that academic term, the adjutant general shall add to
that person's accumulated eligibility units the number of
eligibility units for which the scholarship was paid.
(F) This division applies to any eligible applicant called
into active duty on or after September 11, 2001. As used in this
division, "active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(1) For a period of up to five years from when an
individual's enlistment obligation in the Ohio national guard
ends, an individual to whom this division applies is eligible for
scholarships under this section for those academic terms that were
missed or could have been missed as a result of the individual's
call into active duty. Scholarships shall not be paid for the
academic term in which an eligible applicant's enlistment
obligation ends unless an applicant is eligible under this
division for a scholarship for such academic term due to previous
active duty.
(2) When an individual to whom this division applies
withdraws or otherwise fails to complete courses, for which
scholarships have been awarded under this section, because the
individual was called into active duty, the institution of higher
education shall grant the individual a leave of absence from the
individual's education program and shall not impose any academic
penalty for such withdrawal or failure to complete courses.
Division (F)(2) of this section applies regardless of whether or
not the scholarship amount was paid to the institution of higher
education.
(3) If an individual to whom this division applies withdraws
or otherwise fails to complete courses because the individual was
called into active duty, and if scholarships for those courses
have already been paid, either:
(a) The adjutant general shall not add to that person's
accumulated eligibility units calculated under division (E) of
this section the number of eligibility units for the academic
courses or term for which the scholarship was paid and the
institution of higher education shall repay the scholarship amount
to the state.
(b) The adjutant general shall add to that individual's
accumulated eligibility units calculated under division (E) of
this section the number of eligibility units for the academic
courses or term for which the scholarship was paid if the
institution of higher education agrees to permit the individual to
complete the remainder of the academic courses in which the
individual was enrolled at the time the individual was called into
active duty.
(4) No individual who is discharged from the Ohio national
guard under other than honorable conditions shall be eligible for
scholarships under this division.
(G) A scholarship recipient under this section who fails to
complete the term of enlistment, re-enlistment, or extension of
current enlistment the recipient was serving at the time a
scholarship was paid on behalf of the recipient under this section
is liable to the state for repayment of a percentage of all Ohio
national guard scholarships paid on behalf of the recipient under
this section, plus interest at the rate of ten per cent per annum
calculated from the dates the scholarships were paid. This
percentage shall equal the percentage of the current term of
enlistment, re-enlistment, or extension of enlistment a recipient
has not completed as of the date the recipient is discharged from
the Ohio national guard.
The attorney general may commence a civil action on behalf of
the chancellor of the Ohio board of regents to recover the amount
of the scholarships and the interest provided for in this division
and the expenses incurred in prosecuting the action, including
court costs and reasonable attorney's fees. A scholarship
recipient is not liable under this division if the recipient's
failure to complete the term of enlistment being served at the
time a scholarship was paid on behalf of the recipient under this
section is due to the recipient's death or discharge from the
national guard due to disability.
(H) On or before the first day of each academic term, the
adjutant general shall provide an eligibility roster to the
chancellor and to each institution of higher education at which
one or more scholarship recipients have applied for enrollment.
The institution shall use the roster to certify the actual
full-time or part-time enrollment of each scholarship recipient
listed as enrolled at the institution and return the roster to the
adjutant general and the chancellor. Except as provided in
division (J) of this section, the chancellor shall provide for
payment of the appropriate number and amount of scholarships to
each institution of higher education pursuant to division (D) of
this section. If an institution of higher education fails to
certify the actual enrollment of a scholarship recipient listed as
enrolled at the institution within thirty days of the end of an
academic term, the institution shall not be eligible to receive
payment from the Ohio national guard scholarship program or from
the individual enrollee. The adjutant general shall report on a
semi-annual semiannual basis to the director of budget and
management, the speaker of the house of representatives, the
president of the senate, and the chancellor the number of Ohio
national guard scholarship recipients, the size of the
scholarship-eligible population, and a projection of the cost of
the program for the remainder of the biennium.
(I) The chancellor and the adjutant general may adopt rules
pursuant to Chapter 119. of the Revised Code governing the
administration and fiscal management of the Ohio national guard
scholarship program and the procedure by which the chancellor and
the department of the adjutant general may modify the amount of
scholarships a member receives based on the amount of other state
financial aid a member receives.
(J) The adjutant general, the chancellor, and the director,
or their designees, shall jointly estimate the costs of the Ohio
national guard scholarship program for each upcoming fiscal
biennium, and shall report that estimate prior to the beginning of
the fiscal biennium to the chairpersons of the finance committees
in the general assembly. During each fiscal year of the biennium,
the adjutant general, the chancellor, and the director, or their
designees, shall meet regularly to monitor the actual costs of the
Ohio national guard scholarship program and update cost
projections for the remainder of the biennium as necessary. If the
amounts appropriated for the Ohio national guard scholarship
program and any funds in the Ohio national guard scholarship
reserve fund are not adequate to provide scholarships in the
amounts specified in division (D)(1) of this section for all
eligible applicants, the chancellor shall do all of the following:
(1) Notify each private institution of higher education,
where a scholarship recipient is enrolled, that, by accepting the
Ohio national guard scholarship program as payment for all or part
of the institution's tuition, the institution agrees that if the
chancellor reduces the amount of each scholarship, the institution
shall provide each scholarship recipient a grant or tuition waiver
in an amount equal to the amount the recipient's scholarship was
reduced by the chancellor.
(2) Reduce the amount of each scholarship under division
(D)(1)(a) of this section proportionally based on the amount of
remaining available funds. Each state institution of higher
education shall provide each scholarship recipient under division
(D)(1)(a) of this section a grant or tuition waiver in an amount
equal to the amount the recipient's scholarship was reduced by the
chancellor.
(K) Notwithstanding division (A) of section 127.14 of the
Revised Code, the controlling board shall not transfer all or part
of any appropriation for the Ohio national guard scholarship
program.
(L) The chancellor and the adjutant general may apply for,
and may receive and accept grants, and may receive and accept
gifts, bequests, and contributions, from public and private
sources, including agencies and instrumentalities of the United
States and this state, and shall deposit the grants, gifts,
bequests, or contributions into the national guard scholarship
reserve fund.
Section 2. That existing sections 3301.079, 3301.0710,
3301.0711, 3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,
3302.03, 3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12,
3302.20, 3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473,
3313.608, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016,
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11,
3319.111, 3319.112, 3319.58, 3326.03, 3333.041, 3333.048,
3333.391, 5910.01, 5910.02, and 5919.34 of the Revised Code are
hereby repealed.
Section 3. As Ohio prepares to transition to the more
rigorous Common Core State Standards that are scheduled to be
fully implemented in the 2014-2015 school year, it is the intent
of the General Assembly to put a new accountability system in
place to help prepare the state's students, parents, schools, and
communities for the increased demands of a 21st Century education
and to assure that our youngest students are provided the skills
to successfully progress through our primary and secondary
education system as evidenced by an emphasis on early literacy.
The General Assembly intends that the system created in this act
will assist our schools in the move to the Common Core through a
comprehensive, data-driven evaluation system that can lead to
academic excellence in schools across Ohio and will focus on the
goal of assuring that all of our children graduate from high
school adequately prepared to be successful in college or in the
career of their choice. Further, the General Assembly intends that
the system will pay special attention to closing the achievement
gap that historically has left too many of our students behind.
Section 4. Not later than August 31, 2013, the state board of
education shall submit to the General Assembly under section
101.68 of the Revised Code recommendations for a comprehensive
statewide plan to intervene directly in and improve the
performance of persistently poor performing schools and school
districts. For purposes of fulfilling the requirements of this
section, "persistently poor performing schools and school
districts" means any of the following:
(A) Priority schools and focus schools as defined by the
Elementary and Secondary Education Act waiver issued by the United
States Department of Education under the No Child Left Behind Act
of 2001;
(B) Schools and school districts that have been in school
improvement status as defined by the United States Department of
Education for four of the five most recent school years;
(C) Schools and school districts whose performance index
score places them in the bottom five per cent of schools statewide
for three of the five most recent school years;
(D) Schools and school districts that have a value-added
progress dimension grade of "F" for three of the five most recent
school years under section 3302.03 of the Revised Code, as amended
by this act, or the equivalent measure.
Section 5. Not later than December 31, 2013, the Department
of Education shall review the additional information included on
the school district and building report cards described in
division (H) of section 3302.03 of the Revised Code, as amended by
this act, and shall submit to the Governor and the General
Assembly, in accordance with section 101.68 of the Revised Code,
recommendations for revisions to make the report cards easier to
read and understand.
Section 6. (A) Not later than March 31, 2013, the State Board
of Education shall submit to the General Assembly in accordance
with section 101.68 of the Revised Code recommendations to create
a one-year safe harbor for districts and schools for the first
year that the assessments developed by the Partnership for
Assessment of Readiness for College and Careers are administered
in this state as achievement assessments under section 3301.0710
or 3301.0712 of the Revised Code, or in replacement of those
assessments. The recommendations shall include a method to exempt
from sanctions and penalties prescribed by law, based on report
card ratings, school districts, buildings operated by districts,
community schools, STEM schools, and college preparatory boarding
schools that have a decline in performance index score that is
within two standard errors of measure below the Ohio statewide
average decline in performance index score when compared to the
performance index score from the previous year as determined by
the Department of Education. However, districts or schools that
have received an "F" for performance index score on the report
card issued for the previous school year shall not be eligible for
the exemption.
(B) The recommendations shall specify that for those
districts and schools to which the exemption applies, for purposes
of determining whether a district or school is subject to any
sanctions or penalties, the year that the assessments developed by
the Partnership for Assessment of Readiness for College and
Careers are first administered in this state shall not be
considered.
However, the ratings of any previous or subsequent years
shall be considered in determining whether a school district or
building is subject to sanctions or penalties. Accordingly, the
ratings for the year that the assessments developed by the
Partnership for Assessment of Readiness for College and Careers
are first administered shall have no effect in determining
sanctions or penalties, but shall not create a new starting point
for determinations that are based on ratings over multiple years.
(C) The recommendations shall include the provisions from
which an applicable district or building would be exempt,
including, but not limited to, the following:
(1) Any restructuring provisions established under Chapter
3302. of the Revised Code, except as required under the "No Child
Left Behind Act of 2001";
(2) Provisions for academic distress commissions under
section 3302.10 of the Revised Code;
(3) Provisions prescribing new buildings where students are
eligible for the Educational Choice Scholarships under section
3310.03 of the Revised Code;
(4) Provisions defining "challenged school districts" in
which new start-up community schools may be located, as prescribed
in section 3314.02 of the Revised Code;
(5) Provisions prescribing community school closure
requirements under section 3314.35 of the Revised Code.
Section 7. The amendment of section 3314.016 of the Revised
Code shall take effect January 1, 2015.
Section 8. For purposes of preparing to implement the
community school sponsor rating system prescribed by section
3314.016 of the Revised Code, as amended by this act, not later
than March 31, 2013, the Department of Education, in consultation
with entities that sponsor community schools, shall prescribe
quality practices for community school sponsors, develop an
instrument to measure adherence to those quality practices, and
publish the quality practices and instrument, so that they are
available to entities that sponsor community schools prior to
their implementation. The quality practices developed under this
section shall be based on standards developed by the National
Association of Charter School Authorizers or any other nationally
organized community school organization.
Section 9. That Section 267.10.90 of Am. Sub. H.B. 153 of the
129th General Assembly, as amended by Am. Sub. S.B. 316 of the
129th General Assembly, be amended to read as follows:
Sec. 267.10.90. (A) Notwithstanding anything to the contrary
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the
Revised Code, the administration of the English language arts
assessments for elementary grades as a replacement for the
separate reading and writing assessments prescribed by sections
3301.0710 and 3301.0711 of the Revised Code, as those sections
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,
shall not be required until a date prescribed by rule of the State
Board of Education. Until that date, the Department of Education
and school districts and schools shall continue to administer
separate reading assessments for elementary grades, as prescribed
by the versions of sections 3301.0710 and 3301.0711 of the Revised
Code that were in effect prior to the effective date of Section
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The
intent for delaying implementation of the replacement English
language arts assessment is to provide adequate time for the
complete development of the new assessment.
(B) Notwithstanding anything to the contrary in section
3301.0710 of the Revised Code, the State Board shall not prescribe
the three ranges of scores for the assessments prescribed by
division (A)(2) of section 3301.0710 of the Revised Code, as
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until
the Board adopts the rule required by division (A) of this
section. Until that date, the Board shall continue to prescribe
the five ranges of scores required by the version of section
3301.0710 of the Revised Code in effect prior to the effective
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General
Assembly, and the range of scores designated by the State Board as
a proficient level of skill remains the passing score on the Ohio
Graduation Tests for purposes of sections 3313.61, 3313.611,
3313.612, and 3325.08 of the Revised Code.
(C) Not later than December 31, 2013, the State Board shall
submit to the General Assembly recommended changes to divisions
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary
to successfully implement the common core curriculum and
assessments in the 2014-2015 school year.
(D)(C) This section is not subject to expiration after June
30, 2013, under Section 809.10 of this act.
Section 10. That existing Section 267.10.90 of Am. Sub. H.B.
153 of the 129th General Assembly, as amended by Am. Sub. S.B. 316
of the 129th General Assembly, is hereby repealed.
Section 11. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 3301.0714 of the Revised Code as amended by both Am.
Sub. H.B. 386 and Am. Sub. S.B. 316 of the 129th General Assembly.
Section 3302.03 of the Revised Code as amended by both Sub.
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.
Section 3319.112 of the Revised Code as amended by both Sub.
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.
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