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S. B. No. 221 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Skindell
A BILL
To amend section 3301.0711 of the Revised Code to
make the elementary-level achievement assessments
public records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3301.0711 of the Revised Code be
amended to read as follows:
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) 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.
Section 2. That existing section 3301.0711 of the Revised
Code is hereby repealed.
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