130th Ohio General Assembly
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Sub. H. B. No. 343  As Pending in the House Education Committee
As Pending in the House Education Committee

(L# 1533-3)

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 343


Representative Stebelton 



A BILL
To amend sections 3301.0712, 3302.035, 3313.612, 3314.38, 3317.034, 3317.23, 3317.24, 3319.227, 3321.13, and 3345.86 of the Revised Code to revise the laws regarding state primary and secondary education assessments; reporting on student truancy, adult students, and students with disabilities; and educator licenses issued to Teach for America participants.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0712, 3302.035, 3313.612, 3314.38, 3317.034, 3317.23, 3317.24, 3319.227, 3321.13, and 3345.86 of the Revised Code be amended to read as follows:
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 division (B) of this section to assess whether each student upon graduating from high school is ready to enter college or the workforce. Beginning with students who enter the ninth grade for the first time on or after July 1, 2014, 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 one determinant of 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, and is used for college admission, and includes components in English, mathematics, science, and social studies. The assessment shall be selected jointly by the state superintendent and the chancellor. The assessment prescribed under division (B)(1) of this section shall be administered to all eleventh-grade students.
(2) Seven end-of-course examinations, one in each of the areas of English language arts I, English language arts II, physical science or biology, Algebra I, geometry, American history, and American government. The end-of-course examinations shall be 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. Advanced placement examinations, international baccalaureate examinations, and dual enrollment or advanced standing program examinations, as prescribed under section 3313.6013 of the Revised Code, in the areas of physical science or biology, American history, and American government may be used as end-of-course examinations in accordance with division (B)(4)(a) of this section.
(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.
(4)(a) Notwithstanding anything to the contrary in this section, beginning with the 2014-2015 school year, if a student is enrolled in an advanced placement or international baccalaureate course or is enrolled under any other dual enrollment or advanced standing program that student shall take the advanced placement or international baccalaureate examination or applicable examination under dual enrollment or advanced standing in lieu of the physical science or biology, American history, or American government end-of-course examinations prescribed under division (B)(2) of this section. The state board shall specify the score levels for each advanced placement examination, international baccalaureate examination, and examination required under other dual enrollment or advanced standing programs for purposes of calculating the minimum cumulative performance score that demonstrates the level of academic achievement necessary to earn a high school diploma.
(b) No student shall take a substitute examination or examination prescribed under division (B)(4)(a) of this section in place of the end-of-course examinations in English language arts I, English language arts II, Algebra I, or geometry prescribed under division (B)(2) of this section.
(c) The state board shall consider additional assessments that may be used, beginning with the 2016-2017 school year, as substitute examinations in lieu of the end-of-course examinations prescribed under division (B)(2) of this section.
(5)(a) The state board shall determine and designate at least five ranges of scores on each of the end-of-course examinations prescribed under division (B)(2) of this section, and substitute examinations prescribed under division (B)(4) of this section. Each range of scores shall be considered to demonstrate a level of achievement so that any student attaining a score within such range has achieved one of the following:
(i) An advanced level of skill;
(ii) An accelerated level of skill;
(iii) A proficient level of skill;
(iv) A basic level of skill;
(v) A limited level of skill.
(b) Determine a method by which to calculate a cumulative performance score based on the results of a student's end-of-course examinations or substitute examinations;
(c) Determine the minimum cumulative performance score that demonstrates the level of academic achievement necessary to earn a high school diploma;
(d) Develop a table of corresponding score equivalents for the end-of-course examinations and substitute examinations in order to calculate student performance consistently across the different examinations.
(6) Any student who received high school credit prior to July 1, 2014, for a course for which an end-of-course examination is prescribed by division (B)(2) of this section shall not be required to take that end-of-course examination. Receipt of credit for that course shall satisfy the requirement to take the end-of-course examination.
(7)(a) Notwithstanding anything to the contrary in this section, the state board may replace the algebra I end-of-course examination prescribed under division (B)(2) of this section with an algebra II end-of-course examination, beginning with the 2016-2017 school year for students who enter ninth grade on or after July 1, 2016.
(b) If the state board replaces the algebra I end-of-course examination with an algebra II end-of-course examination as authorized under division (B)(7)(a) of this section, a student who is enrolled in an advanced placement or international baccalaureate course in algebra II or is enrolled under any other dual enrollment or advanced standing program in algebra II shall take the advanced placement or international baccalaureate examination or applicable examination under dual enrollment or advanced standing in lieu of the algebra II end-of-course examination.
(8)(a) Until July 1, 2016, the department of education shall make available end-of-course examinations in both physical science and biology.
(b) For any school year that begins on or after July 1, 2016, the state board may choose to provide one or both of the end-of-course examinations in physical science and biology.
(C) 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 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;
(3) Whether and the extent to which a person may be excused from 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)(3) of section 3313.612 of the Revised Code;
(4) 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;
(5) 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.
(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.
(F)(1) Any person enrolled in a nonchartered nonpublic school or any person who has been excused from attendance at school for the purpose of home instruction under section 3321.04 of the Revised Code may choose to participate in the system of assessments administered under divisions (B)(1) and (2) of this section. However, no such person shall be required to participate in the system of assessments.
(2) The department shall adopt rules for the administration and scoring of any assessments under division (F)(1) of this section.
(G) Not later than December 31, 2014, the state board shall select at least one nationally recognized job skills assessment. Each school district shall administer that assessment to those students who opt to take it. The state shall reimburse a school district for the costs of administering that assessment. The state board shall establish the minimum score a student must attain on the job skills assessment in order to demonstrate a student's workforce readiness and employability. The administration of the job skills assessment to a student under this division shall not exempt a school district from administering the assessments prescribed in division (B) of this section to that student.
Sec. 3302.035. (A) Not later than October 1, 2015, and not later than the first day of October each year thereafter, the department of education shall report for each school 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 following measures for students with disabilities enrolled in that school district or community, STEM, or college-preparatory boarding school:
(1) The value-added progress dimension score, as disaggregated for that subgroup under division (C)(1)(f) of section 3302.03 of the Revised Code;
(2) The performance index score for that subgroup, as defined under division (A) of section 3302.01 of the Revised Code;
(3) The four- and five-year, five-, six-, seven-, and eight-year adjusted cohort graduation rates, as defined under divisions (G)(1) and (2) of section 3302.01 of the Revised Code, for that subgroup;
(4) Annual measurable objectives for that subgroup;
(5) Data regarding disciplinary actions taken by the district or school against students with disabilities compared with such actions taken against students without disabilities.
(B) The department shall also calculate and report all of the following:
(1) The state average for each of the measures specified in division (A) of this section;
(2) The state average for the value-added progress dimension score for students with disabilities, disaggregated by grade level and subject area;
(3) The state average for the performance index score for students with disabilities, disaggregated for each category of disability described in divisions (A) to (F) of section 3317.013 of the Revised Code.
(C) The department shall make each report completed pursuant to division divisions (A) and (B) of this section available on its web site for comparison purposes.
(D) As used in this section:
(1) "Four-year adjusted cohort graduation rate" and "five-year adjusted cohort graduation rate" have the same meanings as in divisions (G)(1) and (2) of section 3302.01 of the Revised Code.
(2) "Six-year adjusted cohort graduation rate" means 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.
(3) "Seven-year adjusted cohort graduation rate" means 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.
(4) "Eight-year adjusted cohort graduation rate" means 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.
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 July 1, 2014, 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 July 1, 2014, the person has met the requirement prescribed by section 3313.618 of the Revised Code.
(B) This section does not apply to any 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 that attends a nonpublic school acting in accordance with division (D) of this section with regard to any end-of-course examination required under prescribed by divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;
(3) Any person with regard to the social studies assessment under division (B)(1) of section 3301.0710 of the Revised Code, any American history end-of-course examination and any American government end-of-course examination required under division (B) of section 3301.0712 of the Revised Code if such an exemption is prescribed by rule of the state board of education under division (D)(3) 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 requirement prescribed by section 3313.618 of the Revised Code, shall be awarded a diploma under this section.
(D) A nonpublic school chartered by the state board may forgo the end-of-course examinations required by divisions (B)(2) and (3) of section 3301.0712 of the Revised Code, if that school publishes the results of the standardized assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code for each graduating class. The published results shall include the overall composite scores, mean scores, twenty-fifth percentile scores, and seventy-fifth percentile scores for each subject area of the assessment.
(E) The state board shall not impose additional requirements or assessments for the granting of a high school diploma under this section that are not prescribed by this section.
(F) The department of education shall furnish the assessment administered by a nonpublic school pursuant to division (B)(1) of section 3301.0712 of the Revised Code.
(G) The exemption provided for in divisions (B)(2) and (D) of this section shall be effective on and after October 1, 2015, but only if the general assembly does not enact different requirements regarding end-of-course examinations for chartered nonpublic schools that are effective by that date.
Sec. 3314.38.  (A) An individual who is at least twenty-two years of age and who is an eligible individual as defined in section 3317.23 of the Revised Code may enroll for up to two cumulative school years in a dropout prevention and recovery program operated by a community school that is designed to allow enrollees to earn a high school diploma. An individual enrolled under this division may elect to satisfy the requirements to earn a high school diploma by successfully completing a competency-based instructional program that complies with the standards adopted by the state board of education under section 3317.231 of the Revised Code. The community school shall report that individual's enrollment on a full-time equivalency basis to the department of education. This report shall be in addition to the report required under division (B) of section 3314.08 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(B)(1) For each community school that enrolls individuals under division (A) of this section, the department of education annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the school under that division.
(2) For each individual enrolled in a community school under division (A) of this section, the department annually shall pay to the community school an amount equal to the following:
$5,000 X the individual's enrollment on a full-time equivalency basis as certified under division (B)(1) of this section X the portion of the school year in which the individual is enrolled in the school expressed as a percentage
(C) A community school that enrolls individuals under division (A) of this section shall be subject to the program administration standards adopted by the state board under section 3317.231 of the Revised Code, as applicable.
(D) For each individual enrolled in a community school under division (A) of this section, the school shall annually report to the department all of the following information in accordance with the standards adopted by the state board under section 3317.231 of the Revised Code:
(1) Demographic information, including age at enrollment, gender, and race or ethnicity;
(2) The number of courses needed to graduate at the time of enrollment;
(3) The number of courses in which the individual participated during the previous school year and the subject of each of those courses;
(4) The number of courses the individual completed during the previous school year and the subject of each of those courses;
(5) The subject area graduation tests prescribed by statutory law that the individual, at the time of enrollment, was required to pass in order to be eligible to graduate;
(6) The number of subject area graduation tests prescribed by statutory law that the individual passed during the previous school year and the subject area of each of those tests;
(7) The date that the school awarded a diploma to the individual, if applicable.
Sec. 3317.034.  For purposes of section 3317.03 of the Revised Code:
(A) A student shall be considered to be enrolled in the district for any portion of the school year the student is participating at a college under Chapter 3365. of the Revised Code.
(B) A student shall be considered to be enrolled in the district for the period of time beginning on the date on which the school has both received the documentation of the student's enrollment from a parent and the student has commenced participation in learning opportunities offered by the district. For purposes of applying divisions (B) and (C) of this section, "learning opportunities" means both classroom-based and nonclassroom-based learning opportunities overseen by licensed educational employees of the district that is in compliance with criteria and documentation requirements for student participation, which shall be established by the department. Any student's instruction time in nonclassroom-based learning opportunities shall be certified by an employee of the district.
(C) A student's enrollment shall be considered to cease on the date on which any of the following occur:
(1) The district receives documentation from a parent terminating enrollment of the student.
(2) The district is provided documentation of a student's enrollment in another public or nonpublic school.
(3) The student fails to participate in learning opportunities and has not received an excused absence for one hundred and five continuous hours. If a student is withdrawn from the district for failure to participate in learning opportunities under division (C)(1)(a)(v) of this section and the district board determines that the student is truant, the district shall take the appropriate action required under sections 3321.19 and 3321.191 of the Revised Code.
(4) The student ceases to participate in learning opportunities provided by the school.
(D) No public school may enroll or withdraw a student from the education management information system established under section 3310.0714 of the Revised Code later than thirty days after the student's actual enrollment or withdrawal from the school.
(E) A student in any of grades nine through twelve shall be considered a full-time equivalent student if the student is enrolled in at least five units of instruction, as defined in section 3313.603 of the Revised Code, per school year.
Sec. 3317.23.  (A) For purposes of this section, an "eligible individual" is an individual who satisfies both of the following criteria:
(1) The individual is at least twenty-two years of age.
(2) The individual has not been awarded a high school diploma or a certificate of high school equivalence as defined in section 4109.06 of the Revised Code.
(B) An eligible individual may enroll in a city, local, or exempted village school district that operates a dropout prevention and recovery program for up to two cumulative school years for the purpose of earning a high school diploma. An individual enrolled under this division may elect to satisfy the requirements to earn a high school diploma by successfully completing a competency-based instructional program that complies with the standards adopted by the state board of education under section 3317.231 of the Revised Code. The district shall report that individual's enrollment on a full-time equivalency basis under division (A) of section 3317.036 of the Revised Code and shall not report that individual's enrollment under section 3317.03 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(C)(1) For each district that enrolls individuals under division (B) of this section, the department of education annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the district under division (A) of section 3317.036 of the Revised Code.
(2) For each individual enrolled in a district under division (B) of this section, the department annually shall pay to the district an amount equal to the following:
$5,000 X the individual's enrollment on a full-time equivalency basis as certified under division (C)(1) of this section X the portion of the school year in which the individual is enrolled in the district expressed as a percentage
(D) A district that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the state board under section 3317.231 of the Revised Code, as applicable.
(E) For each individual enrolled in a district under division (B) of this section, the district shall annually report to the department all of the following information in accordance with the standards adopted by the state board under section 3317.231 of the Revised Code:
(1) Demographic information, including age at enrollment, gender, and race or ethnicity;
(2) The number of courses needed to graduate at the time of enrollment;
(3) The number of courses in which the individual participated during the previous school year and the subject of each of those courses;
(4) The number of courses the individual completed during the previous school year and the subject of each of those courses;
(5) The subject area graduation tests prescribed by statutory law that the individual, at the time of enrollment, was required to pass in order to be eligible to graduate;
(6) The number of subject area graduation tests prescribed by statutory law that the individual passed during the previous school year and the subject area of each of those tests;
(7) The date that the district awarded a diploma to the individual, if applicable.
Sec. 3317.24. (A) For purposes of this section, an "eligible individual" has the same meaning as in section 3317.23 of the Revised Code.
(B) An eligible individual may enroll in a joint vocational school district that operates an adult education program for up to two cumulative school years for the purpose of completing the requirements to earn a high school diploma. An individual enrolled under this division may elect to satisfy these requirements by successfully completing a competency-based instructional program that complies with the standards adopted by the state board of education under section 3317.231 of the Revised Code. The district shall report an individual's enrollment under this division on a full-time equivalency basis under division (B) of section 3317.036 of the Revised Code and shall not report that individual's enrollment under section 3317.03 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(C)(1) For each joint vocational school district that enrolls individuals under division (B) of this section, the department of education annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the district under division (B) of section 3317.036 of the Revised Code.
(2) For each individual enrolled in a joint vocational school district under division (B) of this section, the department annually shall pay to the district an amount equal to the following:
$5,000 X the individual's enrollment on a full-time equivalency basis as certified under division (C)(1) of this section X the portion of the school year in which the individual is enrolled in the district expressed as a percentage
(D) If an individual enrolled in a joint vocational school district under division (B) of this section completes the requirements to earn a high school diploma, the joint vocational school district shall certify the completion of those requirements to the city, local, or exempted village school district in which the individual resides. Upon receiving certification under this division, the city, local, or exempted village school district in which the individual resides shall issue a high school diploma to the individual.
(E) A joint vocational school district that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the state board under section 3317.231 of the Revised Code, as applicable.
(F) For each individual enrolled in a joint vocational school district under division (B) of this section, the district shall annually report to the department all of the following information in accordance with the standards adopted by the state board under section 3317.231 of the Revised Code:
(1) Demographic information, including age at enrollment, gender, and race or ethnicity;
(2) The number of courses needed to graduate at the time of enrollment;
(3) The number of courses in which the individual participated during the previous school year and the subject of each of those courses;
(4) The number of courses the individual completed during the previous school year and the subject of each of those courses;
(5) The subject area graduation tests prescribed by statutory law that the individual, at the time of enrollment, was required to pass in order to be eligible to graduate;
(6) The number of subject area graduation tests prescribed by statutory law that the individual passed during the previous school year and the subject area of each of those tests;
(7) The date that the district certified the individual's completion of the requirements to earn a high school diploma to the city, local, or exempted village school district in which the individual resides under division (D) of this section, if applicable.
Sec. 3319.227.  (A) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board of education to the contrary, the state board shall issue a resident educator license under section 3319.22 of the Revised Code to each person who is assigned to teach in this state as a participant in the teach for America program and who meets the following conditions:
(1) Holds a bachelor's degree from an accredited institution of higher education;
(2) Maintained a cumulative undergraduate grade point average of at least 2.5 out of 4.0, or its equivalent;
(3) Has passed an examination prescribed by the state board in the subject area to be taught;
(4) Has successfully completed the summer training institute operated by teach for America.
(B) The state board shall issue a resident educator license under this section for teaching in any grade level or subject area for which a person may obtain a resident educator license under section 3319.22 of the Revised Code. The state board shall not adopt rules establishing any additional qualifications for the license beyond those specified in this section.
(C) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board to the contrary, the state board shall issue a resident educator license under section 3319.22 of the Revised Code to any applicant who has completed at least two years of teaching in another state as a participant in the teach for America program and meets all of the conditions of divisions (A)(1) to (4) of this section. The state board shall credit an applicant under this division as having completed two years of the teacher residency program under section 3319.223 of the Revised Code.
(D) In order to place teachers in this state, the teach for America program shall enter into an agreement with one or more accredited four-year public or private institutions of higher education in the state to provide optional training of teach for America participants for the purpose of enabling those participants to complete an optional master's degree or an equivalent amount of coursework. Nothing in this division shall require any teach for America participant to complete a master's degree as a condition of holding a license issued under this section.
(E)(1) Each participant in the teach for America program shall successfully complete that program as a condition of continuing to hold a license issued pursuant to divisions (A) and (B) of this section.
(2) If a participant in the teach for America program assigned to teach in a school district in this state resigns or is otherwise removed from the program prior to the program's completion, the board of education of that school district shall provide written notice of the participant's resignation to the state board.
Sec. 3321.13.  (A) Whenever any child of compulsory school age withdraws from school the teacher of that child shall ascertain the reason for withdrawal. The fact of the withdrawal and the reason for it shall be immediately transmitted by the teacher to the superintendent of the city, local, or exempted village school district. If the child who has withdrawn from school has done so because of change of residence, the next residence shall be ascertained and shall be included in the notice thus transmitted. The superintendent shall thereupon forward a card showing the essential facts regarding the child and stating the place of the child's new residence to the superintendent of schools of the district to which the child has moved.
The superintendent of public instruction may prescribe the forms to be used in the operation of this division.
(B)(1) Upon receipt of information that a child of compulsory school age has withdrawn from school for a reason other than because of change of residence and is not enrolled in and attending in accordance with school policy an approved program to obtain a diploma or its equivalent, the superintendent shall notify the registrar of motor vehicles and the juvenile judge of the county in which the district is located of the withdrawal and failure to enroll in and attend an approved program to obtain a diploma or its equivalent. A notification to the registrar required by this division shall be given in the manner the registrar by rule requires and a notification to the juvenile judge required by this division shall be given in writing. Each notification shall be given within two weeks after the withdrawal and failure to enroll in and attend an approved program or its equivalent.
(2) The board of education of a school district may adopt a resolution providing that the provisions of division (B)(2) of this section apply within the district. The provisions of division (B)(2) of this section do not apply within any school district, and no superintendent of a school district shall send a notification of the type described in division (B)(2) of this section to the registrar of motor vehicles or the juvenile judge of the county in which the district is located, unless the board of education of the district has adopted such a resolution. If the board of education of a school district adopts a resolution providing that the provisions of division (B)(2) of this section apply within the district, and if the superintendent of schools of that district receives information that, during any semester or term, a child of compulsory school age has been absent without legitimate excuse from the school the child is supposed to attend for more than ten consecutive school days or for at least fifteen total school days, the superintendent shall notify the child and the child's parent, guardian, or custodian, in writing, that the information has been provided to the superintendent, that as a result of that information the child's temporary instruction permit or driver's license will be suspended or the opportunity to obtain such a permit or license will be denied, and that the child and the child's parent, guardian, or custodian may appear in person at a scheduled date, time, and place before the superintendent or a designee to challenge the information provided to the superintendent.
The notification to the child and the child's parent, guardian, or custodian required by division (B)(2) of this section shall set forth the information received by the superintendent and shall inform the child and the child's parent, guardian, or custodian of the scheduled date, time, and place of the appearance that they may have before the superintendent or a designee. The date scheduled for the appearance shall be no earlier than three and no later than five days after the notification is given, provided that an extension may be granted upon request of the child or the child's parent, guardian, or custodian. If an extension is granted, the superintendent shall schedule a new date, time, and place for the appearance and shall inform the child and the child's parent, guardian, or custodian of the new date, time, and place.
If the child and the child's parent, guardian, or custodian do not appear before the superintendent or a designee on the scheduled date and at the scheduled time and place, or if the child and the child's parent, guardian, or custodian appear before the superintendent or a designee on the scheduled date and at the scheduled time and place but the superintendent or a designee determines that the information the superintendent received indicating that, during the semester or term, the child had been absent without legitimate excuse from the school the child was supposed to attend for more than ten consecutive school days or for at least fifteen total school days, the superintendent shall notify the registrar of motor vehicles and the juvenile judge of the county in which the district is located that the child has been absent for that period of time and that the child does not have any legitimate excuse for the habitual absence. A notification to the registrar required by this division shall be given in the manner the registrar by rule requires and a notification to the juvenile judge required by this division shall be given in writing. Each notification shall be given within two weeks after the receipt of the information of the habitual absence from school without legitimate excuse, or, if the child and the child's parent, guardian, or custodian appear before the superintendent or a designee to challenge the information, within two weeks after the appearance.
For purposes of division (B)(2) of this section, a legitimate excuse for absence from school includes, but is not limited to, the fact that the child in question has enrolled in another school or school district in this or another state, the fact that the child in question was excused from attendance for any of the reasons specified in section 3321.04 of the Revised Code, or the fact that the child in question has received an age and schooling certificate in accordance with section 3331.01 of the Revised Code.
(3) Whenever a pupil is suspended or expelled from school pursuant to section 3313.66 of the Revised Code and the reason for the suspension or expulsion is the use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse, the superintendent of schools of that district may notify the registrar and the juvenile judge of the county in which the district is located of such suspension or expulsion. Any such notification of suspension or expulsion shall be given to the registrar, in the manner the registrar by rule requires and shall be given to the juvenile judge in writing. The notifications shall be given within two weeks after the suspension or expulsion.
(4) Whenever a pupil is suspended, expelled, removed, or permanently excluded from a school for misconduct included in a policy that the board of education of a city, exempted village, or local school district has adopted under division (A) of section 3313.661 of the Revised Code, and the misconduct involves a firearm or a knife or other weapon as defined in that policy, the superintendent of schools of that district shall notify the registrar and the juvenile judge of the county in which the district is located of the suspension, expulsion, removal, or permanent exclusion. The notification shall be given to the registrar in the manner the registrar, by rule, requires and shall be given to the juvenile judge in writing. The notifications shall be given within two weeks after the suspension, expulsion, removal, or permanent exclusion.
(5)(a) If a student has at least sixty cumulative hours of unexcused absences, the student's school district shall notify the student's parent, guardian, or custodian in writing that the student may be a chronic truant as defined under section 2152.02 of the Revised Code. The notification shall specify that, if the student has at least one hundred five cumulative hours of unexcused absences, a complaint must be filed in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend school jointly against the child and the parent, guardian, or custodian.
(b) If a student has at least one hundred five cumulative hours of unexcused absences, the school district board of education shall take the appropriate action required under sections 3321.19 and 3321.191 of the Revised Code not later than ten days after the student accumulates one hundred five hours of unexcused absences.
(c) If a student has at least two hundred sixty-five continuous hours of unexcused absences, the superintendent of the school district shall withdraw the student from the school.
(d) The department of education shall track and record the number of students who meet any of the conditions prescribed in division (B)(5)(a), (b), or (c) of this section. If a district fails to comply with the provisions of division (B)(5)(a), (b), or (c) of this section, the superintendent of public instruction shall consider a reduction in the district's state operating payments under Chapter 3317. of the Revised Code on a case-by-case basis.
(C) A notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion given to the registrar or a juvenile judge under division (B)(1), (2), (3), or (4), or (5) of this section shall contain the name, address, date of birth, grade level, number of unexcused absences, school, and school district of the child. The notification also shall include the name of the child's parent, guardian, or custodian. If the superintendent finds, after giving a notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion to the registrar and the juvenile judge under division (B)(1), (2), (3), or (4), or (5) of this section, that the notification was given in error, the superintendent immediately shall notify the registrar and the juvenile judge of that fact.
Sec. 3345.86.  (A) As used in this section, an "eligible institution" means a community college established under Chapter 3354. of the Revised Code, a university branch established under Chapter 3355. of the Revised Code, a technical college established under Chapter 3357. of the Revised Code, or a state community college established under Chapter 3358. of the Revised Code.
(B) An individual who is at least twenty-two years of age and who is an eligible individual as defined in section 3317.23 of the Revised Code may enroll in an eligible institution for up to two cumulative school years for the purpose of completing the requirements to earn a high school diploma. An individual enrolled under this division may elect to satisfy these requirements by successfully completing a competency-based instructional program that complies with the standards adopted by the state board of education under section 3317.231 of the Revised Code.
The eligible institution in which the individual enrolls shall report that individual's enrollment on a full-time equivalency basis to the department of education.
(C)(1) For each eligible institution that enrolls individuals under division (B) of this section, the department annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the institution under that division.
(2) For each individual enrolled in an eligible institution under division (B) of this section, the department annually shall pay to the institution an amount equal to the following:
$5,000 X the individual's enrollment on a full-time equivalency basis as certified under division (C)(1) of this section X the portion of the school year in which the individual is enrolled in the institution expressed as a percentage
(D) If an individual enrolled in an eligible institution under division (B) of this section completes the requirements to earn a high school diploma, the institution shall certify the completion of those requirements to the city, local, or exempted village school district in which the individual resides. Upon receiving certification under this division, the city, local, or exempted village school district in which the individual resides shall issue a high school diploma to the individual.
(E) An eligible institution that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the state board under section 3317.231 of the Revised Code, as applicable.
(F) For each individual enrolled in an eligible institution under division (B) of this section, the institution shall annually report to the department all of the following information in accordance with the standards adopted by the state board under section 3317.231 of the Revised Code:
(1) Demographic information, including age at enrollment, gender, and race or ethnicity;
(2) The number of courses needed to graduate at the time of enrollment;
(3) The number of courses in which the individual participated during the previous school year and the subject of each of those courses;
(4) The number of courses the individual completed during the previous school year and the subject of each of those courses;
(5) The subject area graduation tests prescribed by statutory law that the individual, at the time of enrollment, was required to pass in order to be eligible to graduate;
(6) The number of subject area graduation tests prescribed by statutory law that the individual passed during the previous school year and the subject area of each of those tests;
(7) The date that the institution certified the individual's completion of the requirements to earn a high school diploma to the city, local, or exempted village school district in which the individual resides under division (D) of this section, if applicable.
Section 2. That existing sections 3301.0712, 3302.035, 3313.612, 3314.38, 3317.034, 3317.23, 3317.24, 3319.227, 3321.13, and 3345.86 of the Revised Code are hereby repealed.
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