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Am. Sub. S. B. No. 165 As Reported by the Committee of ConferenceAs Reported by the Committee of Conference
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Faber, Hughes, Jones, Jordan, Schaffer, Seitz, Sawyer, Hite, Bacon, Beagle, Brown, Coley, Daniels, LaRose, Lehner, Manning, Niehaus, Oelslager, Patton, Wagoner, Widener, Wilson
Representatives Baker, Roegner, Butler, Hayes, Adams, J., Anielski, Boose, Brenner, Bubp, Dovilla, Hackett, Henne, Hill, Maag, Martin, Newbold, Ruhl, Slaby, Stebelton, Terhar, Thompson, Young
A BILL
To amend sections 3301.079, 3301.0712, 3313.60,
3313.603, 3313.61, and 3313.612 and to enact
section 3319.23 of the Revised Code to include
content on specified historical documents in the
state academic standards and in the high school
American history and government curriculum.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.079, 3301.0712, 3313.60,
3313.603, 3313.61, and 3313.612 be amended and section 3319.23 of
the Revised Code be enacted to read as follows:
Sec. 3301.079. (A)(1) Not later than June 30, 2010, and
periodically thereafter, the state board of education shall adopt
statewide academic standards with emphasis on coherence, focus,
and rigor for each of grades kindergarten through twelve in
English language arts, mathematics, science, and social studies.
(a) The standards shall specify the following:
(a)(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;
(b)(ii) The development of skill sets that promote
information, media, and technological literacy;
(c)(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 divisions division (A)(1)(a) to (c) 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 shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts, community schools, and STEM schools in implementing the
physical education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been completed for any
subject area required by this section, the state board shall
inform all school districts, all community schools established
under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the content of those standards.
(B) Not later than March 31, 2011, the state board shall
adopt a model curriculum for instruction in each subject area for
which updated academic standards are required by division (A)(1)
of this section and for each of grades kindergarten through twelve
that is sufficient to meet the needs of students in every
community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills
specified for each grade level are taught to students, and shall
demonstrate vertical articulation and emphasize coherence, focus,
and rigor. When any model curriculum has been completed, the state
board shall inform all school districts, community schools, and
STEM schools of the content of that model curriculum.
All school districts, community schools, and STEM schools may
utilize the state standards and the model curriculum established
by the state board, together with other relevant resources,
examples, or models to ensure that students have the opportunity
to attain the academic standards. Upon request, the department of
education shall provide technical assistance to any district,
community school, or STEM school in implementing the model
curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(C) The state board shall develop achievement assessments
aligned with the academic standards and model curriculum for each
of the subject areas and grade levels required by divisions (A)(1)
and (B)(1) of section 3301.0710 of the Revised Code.
When any achievement assessment has been completed, the state
board shall inform all school districts, community schools, STEM
schools, and nonpublic schools required to administer the
assessment of its completion, and the department of education
shall make the achievement assessment available to the districts
and schools.
(D)(1) The state board shall adopt a diagnostic assessment
aligned with the academic standards and model curriculum for each
of grades kindergarten through two in English language arts and
mathematics and for grade three in English language arts. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills
for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted
students. Blank copies of diagnostic assessments shall be public
records.
(2) When each diagnostic assessment has been completed, the
state board shall inform all school districts of its completion
and the department of education shall make the diagnostic
assessment available to the districts at no cost to the district.
School districts shall administer the diagnostic assessment
pursuant to section 3301.0715 of the Revised Code beginning the
first school year following the development of the assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement assessments, or
model curriculum required under this section, the state board or
the department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable,
the state board and department shall consult with teachers
recognized as outstanding in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required by
this section, the department shall ensure the interchangeability
of those assessments.
(G) The fairness sensitivity review committee, established by
rule of the state board of education, shall not allow any question
on any achievement or diagnostic assessment developed under this
section or any proficiency test prescribed by former section
3301.0710 of the Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire as to
individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(H) Not later than forty-five days prior to the initial
deadline established under division (A)(1) of this section and the
deadline established under division (B) of this section, the
superintendent of public instruction shall present the academic
standards or model curricula, as applicable, to the respective
committees of the house of representatives and senate that
consider education legislation.
(I) As used in this section:
(1) "Coherence" means a reflection of the structure of the
discipline being taught.
(2) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(3) "Rigor" means more challenging and demanding when
compared to international standards.
(4) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in divisions (B)(1) and (2) of this
section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. The system
shall replace the Ohio graduation tests prescribed in division
(B)(1) of section 3301.0710 of the Revised Code as a measure of
student academic performance and a prerequisite for eligibility
for a high school diploma in the manner prescribed by rule of the
state board adopted under division (D) of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally standardized assessment that measures
college and career readiness selected jointly by the state
superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, American history, and
social studies American government selected jointly by the state
superintendent and the chancellor in consultation with faculty in
the appropriate subject areas at institutions of higher education
of the university system of Ohio. For each subject area, the state
superintendent and chancellor shall select multiple assessments
that school districts, public schools, and chartered nonpublic
schools may use as end-of-course examinations. Those Subject to
division (B)(3)(b) of this section, those assessments shall
include nationally recognized subject area assessments, such as
advanced placement examinations, SAT subject tests, international
baccalaureate examinations, and other assessments of college and
work readiness.
(3)(a) Not later than July 1, 2013, each school district
board of education shall adopt interim end-of-course examinations
that comply with the requirements of divisions (B)(3)(b)(i) and
(ii) of this section to assess mastery of American history and
American government standards adopted under division (A)(1)(b) of
section 3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code. Each high
school of the district shall use the interim examinations until
the state superintendent and chancellor select end-of-course
examinations in American history and American government under
division (B)(2) of this section.
(b) Not later than July 1, 2014, the state superintendent and
the chancellor shall select the end-of-course examinations in
American history and American government.
(i) The end-of-course examinations in American history and
American government shall require demonstration of mastery of the
American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
(ii) At least twenty per cent of the end-of-course
examination in American government shall address the topics on
American history and American government described in division (M)
of section 3313.603 of the Revised Code.
(C) Not later than thirty days after the state board adopts
the model curricula required by division (B) of section 3301.079
of the Revised Code, the state board shall convene a group of
national experts, state experts, and local practitioners to
provide advice, guidance, and recommendations for the alignment of
standards and model curricula to the assessments and in the design
of the end-of-course examinations prescribed by this section.
(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
meet the requirements of the entire assessment system as a
prerequisite for a high school diploma under section 3313.61,
3313.612, or 3325.08 of the Revised Code;
(3) The date after which a person shall meet the requirements
of the entire assessment system as a prerequisite for a diploma of
adult education under section 3313.611 of the Revised Code;
(4) Whether and the extent to which a person may be excused
from a social studies an American history end-of-course
examination
and an American government end-of-course examination
under division (H) of section 3313.61 and division (B)(2) of
section 3313.612 of the Revised Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall meet the requirements of the
entire assessment system as a prerequisite for a high school
diploma under division (B) of section 3313.614 of the Revised
Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
(E) Not later than forty-five days prior to the state board's
adoption of a resolution directing the department of education to
file the rules prescribed by division (D) of this section in final
form under section 119.04 of the Revised Code, the superintendent
of public instruction shall present the assessment system
developed under this section to the respective committees of the
house of representatives and senate that consider education
legislation.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code.
(A) The board of education of each city and exempted village
school district, the governing board of each educational service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing, spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio,
and national, state, and local government in the United States,
including a balanced presentation of the relevant contributions to
society of men and women of African, Mexican, Puerto Rican, and
American Indian descent as well as other ethnic and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in personal safety and assault
prevention;
(e) In grades seven through twelve, age-appropriate
instruction in dating violence prevention education, which shall
include instruction in recognizing dating violence warning signs
and characteristics of healthy relationships.
In order to assist school districts in developing a dating
violence prevention education curriculum, the department of
education shall provide on its web site links to free curricula
addressing dating violence prevention.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence
prevention instruction materials used at that school, the
principal, within a reasonable period of time after the request is
made, shall allow the parent or guardian to examine those
materials at that school.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention, except
that upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section, every
school or school district shall include in the requirements for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by the board, are able to
demonstrate mastery of essential concepts and skills of the eighth
grade American history course of study.
(C) Except As specified in divisions (B)(6) and (C)(6) of
section 3313.603 of the Revised Code, except as provided in
division (E) of this section, every high school shall include in
the requirements for graduation from any curriculum one
one-half
unit each of American history and government, including a study of
the constitutions of the United States and of Ohio.
(D) Except as provided in division (E) of this section, basic
instruction or demonstrated mastery in geography, United States
history, the government of the United States, the government of
the state of Ohio, local government in Ohio, the Declaration of
Independence, the United States Constitution, and the Constitution
of the state of Ohio shall be required before pupils may
participate in courses involving the study of social problems,
economics, foreign affairs, United Nations, world government,
socialism and communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each model
curriculum developed pursuant to section 3301.079 of the Revised
Code, which copies shall be available at all times during school
hours in each district school building.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) Social studies, three units History and government, one
unit, which shall comply with division (M) of this section and
shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
(8) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units History and government, one
unit, which shall comply with division (M) of this section and
shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(6)(7) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(7)(8) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
across the curriculum in order to maximize efficiency, enhance
learning, and prepare students for success in the
technology-driven twenty-first century. Districts and schools
shall use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall utilize technology access and electronic
learning opportunities provided by the eTech Ohio commission, the
Ohio learning network, education technology centers, public
television stations, and other public and private providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014. The
department shall submit its findings and any recommendations not
later than August 1, 2014, to the speaker and minority leader of
the house of representatives, the president and minority leader of
the senate, the chairpersons and ranking minority members of the
standing committees of the house of representatives and the senate
that consider education legislation, the state board of education,
and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum prescribed in division (C) of
this section. The department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the
program applies for the waiver, if the program meets all of the
following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board 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 (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district and community
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7)(8) of this section,
if the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7)(8) of this section. If
the course in grade seven or eight did not satisfy the
requirements of division (G) of this section, the high school
shall not award the student high school credit for the course but
shall count the course toward the two semesters or the equivalent
of fine arts required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
(M) It is important that high school students learn and
understand United States history and the governments of both the
United States and the state of Ohio. Therefore, beginning with
students who enter ninth grade for the first time on or after July
1, 2012, the study of American history and American government
required by divisions (B)(6) and (C)(6) of this section shall
include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on
the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions
(M)(1) to (4) of this section shall include study of that document
in its original context.
The study of American history and government required by
divisions (B)(6) and (C)(6) of this section shall include the
historical evidence of the role of documents such as the
Federalist Papers and the Anti-Federalist Papers to firmly
establish the historical background leading to the establishment
of the provisions of the Constitution and Bill of Rights.
Sec. 3313.61. (A) A diploma shall be granted by the board of
education of any city, exempted village, or local school district
that operates a high school to any person to whom all of the
following apply:
(1) The person 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, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division unless the person
was excused from taking any such assessment pursuant to section
3313.532 of the Revised Code or unless division (H) or (L) of this
section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (D)(2)
of section 3301.0712 of the Revised Code, the person has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code, except
to the extent that the person is excused from some portion of that
assessment system pursuant to section 3313.532 of the Revised Code
or division (H) or (L) of this section.
(3) The person is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of
this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, an honors diploma shall be granted, in accordance with
rules of the state board, by any such district board to anyone who
accomplishes all of the following:
(1) Successfully completes 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;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (D)(2)
of section 3301.0712 of the Revised Code, the person has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code.
(3) Has met additional criteria established by the state
board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. Except as provided in
divisions (C), (E), and (J) of this section, no honors diploma
shall be granted to anyone failing to comply with this division
and no more than one honors diploma shall be granted to any
student under this division.
The state board shall adopt rules prescribing the granting of
honors diplomas under this division. These rules may prescribe the
granting of honors diplomas that recognize a student's achievement
as a whole or that recognize a student's achievement in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any case, the rules shall designate
two or more criteria for the granting of each type of honors
diploma the board establishes under this division and the number
of such criteria that must be met for the granting of that type of
diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of
criteria designated for that type and no one or more particular
criteria shall be required of all persons who are to be granted
that type of diploma.
(C) Any district board administering any of the assessments
required by section 3301.0710 of the Revised Code to any person
requesting to take such assessment pursuant to division (B)(8)(b)
of section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments administered and if the person
has previously attained the applicable scores on all the other
assessments required by division (B)(1) of that section or has
been exempted or excused from attaining the applicable score on
any such assessment pursuant to division (H) or (L) of this
section or from taking any such assessment pursuant to section
3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible under
state board of education minimum standards to receive a high
school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or
any political subdivision thereof, shall be granted such diploma
by the correctional institution operating the programs in which
such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to
the inmate's placement in the institution. The diploma granted by
the correctional institution shall be signed by the director of
the institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a diploma
by the correctional institution offering the program in which the
credits were earned. The diploma granted by the correctional
institution shall be signed by the director of the institution and
by the person serving as principal of the institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the assessments required by section
3301.0710 of the Revised Code to inmates of correctional
institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section
3301.0710 of the Revised Code, any social studies American history
end-of-course examination and any American government
end-of-course examination required under division (B)(2) of that
section if such an exemption is prescribed by rule of the state
board under division (D)(4) of section 3301.0712 of the Revised
Code, or the test in citizenship designated under former division
(B) of section 3301.0710 of the Revised Code as it existed prior
to September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to reside in the United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section
3325.08 of or division (D) of section 3328.25 of the Revised Code
that a student has received a diploma under either section, the
board of education receiving the notice may grant a high school
diploma under this section to the student, except that such board
shall grant the student a diploma if the student meets the
graduation requirements that the student would otherwise have had
to meet to receive a diploma from the district. The diploma
granted under this section shall be of the same type the notice
indicates the student received under section 3325.08 or 3328.25 of
the Revised Code.
(K) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirements of
the assessments required by division (B)(2) of that section, shall
be awarded a diploma under this section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the assessments prescribed under division (B) of
section 3301.0710 of the Revised Code provided an individualized
education program specifically exempts the student from attaining
such scores. This division does not negate the requirement for
such a student to take all such assessments or alternate
assessments required by division (C)(1) of section 3301.0711 of
the Revised Code for the purpose of assessing student progress as
required by federal law.
Sec. 3313.612. (A) No nonpublic school chartered by the
state board of education shall grant a high school diploma to any
person unless, subject to section 3313.614 of the Revised Code,
the person has met the assessment requirements of division (A)(1)
or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to the date
prescribed by rule of the state board under division (D)(2) of
section 3301.0712 of the Revised Code, the person has attained at
least the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments
required by that division, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (E)(2)
of section 3301.0712 of the Revised Code, the person has met the
requirements of the entire assessment system prescribed under
division (B)(2) of section 3301.0710 of the Revised Code.
(B) This section does not apply to either of the following:
(1) Any person with regard to any assessment from which the
person was excused pursuant to division (C)(1)(c) of section
3301.0711 of the Revised Code;
(2) Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised Code,
any social studies American history end-of-course examination and
any American government end-of-course examination required under
division (B)(2) of that section if such an exemption is prescribed
by rule of the state board of education under division (D)(4) of
section 3301.0712 of the Revised Code, or the citizenship test
under former division (B) of section 3301.0710 of the Revised Code
as it existed prior to September 11, 2001, if all of the following
apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United
States;
(c) The person indicates no intention to reside in the United
States after completion of high school.
(C) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirements of
the assessments under division (B)(2) of that section, shall be
awarded a diploma under this section.
Sec. 3319.23. A valid educator license for teaching social
studies in the applicable grade shall be considered sufficient to
teach the additional American history and American government
content adopted under division (A)(1)(b) of section 3301.079 of
the Revised Code.
Section 2. That existing sections 3301.079, 3301.0712,
3313.60, 3313.603, 3313.61, and 3313.612 of the Revised Code are
hereby repealed.
Section 3. Not later than July 1, 2012, the State Board of
Education shall review the Revised Code and recommend legislation
to the General Assembly to make changes necessary to fully
implement, and remove any potential impediment to, the additional
American history and American government content adopted under
division (A)(1)(b) of section 3301.079 of the Revised Code.
Section 4. Nothing in this act shall be construed to limit
the ability of a school district or public or nonpublic school to
offer academic content based on the standards adopted under
division (A)(1)(b) of section 3301.079 of the Revised Code and the
academic content required under division (M) of section 3313.603
of the Revised Code through summer school, online, or any other
method of education offered by the district or school.
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