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Sub. H. B. No. 362 As Reported by the Senate Education CommitteeAs Reported by the Senate Education Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Scherer, Derickson
Cosponsors:
Representatives Anielski, Blessing, Butler, Roegner, Young, Bishoff, Baker, Beck, Buchy, Burkley, Conditt, Green, Grossman, Hackett, Hall, Maag, Romanchuk, Stebelton, Terhar, Wachtmann Speaker Batchelder
Senators Gardner, Coley, Manning, Lehner
A BILL
To amend sections 3301.162, 3314.03, 3319.111,
3319.112, 3326.02, 3326.03, 3326.04, and 3326.09
and to enact sections 3319.114 and 3326.032 of the
Revised Code to authorize the STEM Committee to
grant a designation of STEM school equivalent to a
community school or chartered nonpublic school, to
make other revisions to the law regarding STEM
schools, and to make changes to the law regarding
educator performance evaluations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.162, 3314.03, 3319.111,
3319.112, 3326.02, 3326.03, 3326.04, and 3326.09 be amended and
sections 3319.114 and 3326.032 of the Revised Code be enacted to
read as follows:
Sec. 3301.162. (A) If the governing authority of a chartered
nonpublic school intends to close the school, the governing
authority shall notify all of the following of that intent prior
to closing the school:
(1) The department of education;
(2) The school district that receives auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school;
(3) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board of education, if applicable;
(4) If the school has been designated as a STEM school
equivalent under section 3326.032 of the Revised Code, the STEM
committee established under section 3326.02 of the Revised Code.
The notice shall include the school year and, if possible,
the actual date the school will close.
(B) The chief administrator of each chartered nonpublic
school that closes shall deposit the school's records with either:
(1) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board, if applicable;
(2) The school district that received auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school.
The school district that receives the records may charge for
and receive a one-time reimbursement from auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
for costs the district incurred to store the records.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(26) Whether the school's governing authority is planning to
seek designation for the school as a STEM school equivalent under
section 3326.032 of the Revised Code.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised
Code, this section applies to any person who is employed under a
teacher license issued under this chapter, or under a professional
or permanent teacher's certificate issued under former section
3319.222 of the Revised Code, and who spends at least fifty per
cent of the time employed providing student instruction. However,
this section does not apply to any person who is employed as a
substitute teacher or as an instructor of adult education.
(A) Not later than July 1, 2013, the board of education of
each school district, in consultation with teachers employed by
the board, shall adopt a standards-based teacher evaluation policy
that conforms with the framework for evaluation of teachers
developed under section 3319.112 of the Revised Code. The policy
shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that
is in effect on September 29, 2011, and shall be included in any
renewal or extension of such an agreement.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code or an alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of
the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension or alternative student
academic progress measure is not applicable, the board shall
administer assessments on the list developed under division (B)(2)
of section 3319.112 of the Revised Code.
(C)(1) The board shall conduct an evaluation of each teacher
employed by the board at least once each school year, except as
provided in division (C)(2) of this section. The evaluation shall
be completed by the first day of May and the teacher shall receive
a written report of the results of the evaluation by the tenth day
of May.
(2)(a) The board may elect, by adoption of a resolution, to
evaluate each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section once
every two three school years, so long as the teacher's student
academic growth measure, for the most recent school year for which
data is available, is average or higher, as determined by the
department of education. In that case, the biennial evaluation
(b) The board may evaluate each teacher who received a rating
of skilled on the teacher's most recent evaluation conducted under
this section once every two years, so long as the teacher's
student academic growth measure, for the most recent school year
for which data is available, is average or higher, as determined
by the department of education.
(c) For each teacher who is evaluated pursuant to division
(C)(2) of this section, the evaluation shall be completed by the
first day of May of the applicable school year, and the teacher
shall receive a written report of the results of the evaluation by
the tenth day of May of that school year.
(d) Beginning with the 2014-2015 school year, the board may
elect not to conduct an evaluation of a teacher who meets one of
the following requirements:
(i) The teacher was on leave from the school district for
fifty per cent or more of the school year, as calculated by the
board.
(ii) The teacher has submitted notice of retirement and that
notice has been accepted by the board not later than the first day
of December of the school year in which the evaluation is
otherwise scheduled to be conducted.
(3) In any year that a teacher is not formally evaluated
pursuant to division (C) of this section as a result of receiving
a rating of accomplished or skilled on the teacher's most recent
evaluation, an individual qualified to evaluate a teacher under
division (D) of this section shall conduct at least one
observation of the teacher and hold at least one conference with
the teacher.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who hold a
credential established by the department of education for being an
evaluator:
(1) A person who is under contract with the board pursuant to
section 3319.01 or 3319.02 of the Revised Code and holds a license
designated for being a superintendent, assistant superintendent,
or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director, administrative specialist, or
supervisor in any educational area issued under section 3319.22 of
the Revised Code;
(3) A person designated to conduct evaluations under an
agreement entered into by the board, including an agreement
providing for peer review entered into by the board and
representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the
board to conduct evaluations and who holds a license designated
for being a superintendent, assistant superintendent, principal,
vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of
the Revised Code:
(1) The board shall require at least three formal
observations of each teacher who is under consideration for
nonrenewal and with whom the board has entered into a limited
contract or an extended limited contract under section 3319.11 of
the Revised Code.
(2) The board may elect, by adoption of a resolution, to
require only one formal observation of a teacher who received a
rating of accomplished on the teacher's most recent evaluation
conducted under this section, provided the teacher completes a
project that has been approved by the board to demonstrate the
teacher's continued growth and practice at the accomplished level.
(F) The board shall include in its evaluation policy
procedures for using the evaluation results for retention and
promotion decisions and for removal of poorly performing teachers.
Seniority shall not be the basis for a decision to retain a
teacher, except when making a decision between teachers who have
comparable evaluations.
(G) For purposes of section 3333.0411 of the Revised Code,
the board annually shall report to the department of education the
number of teachers for whom an evaluation was conducted under this
section and the number of teachers assigned each rating prescribed
under division (B)(1) of section 3319.112 of the Revised Code,
aggregated by the teacher preparation programs from which and the
years in which the teachers graduated. The department shall
establish guidelines for reporting the information required by
this division. The guidelines shall not permit or require that the
name of, or any other personally identifiable information about,
any teacher be reported under this division.
(H) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after September 24, 2012.
Sec. 3319.112. (A) Not later than December 31, 2011, the
state board of education shall develop a standards-based state
framework for the evaluation of teachers. The state board may
update the framework periodically by adoption of a resolution. The
framework shall establish an evaluation system that does the
following:
(1) Provides for multiple evaluation factors. One factor
shall be student academic growth which shall account for fifty per
cent of each evaluation, except as otherwise prescribed by the
alternative framework under section 3319.114 of the Revised Code.
When applicable to the grade level or subject area taught by a
teacher, the value-added progress dimension established under
section 3302.021 of the Revised Code or an alternative student
academic progress measure if adopted under division (C)(1)(e) of
section 3302.03 of the Revised Code shall be used in the student
academic growth portion of an evaluation in proportion to the part
of a teacher's schedule of courses or subjects for which the
value-added progress dimension is applicable.
If a teacher's schedule is comprised only of courses or
subjects for which the value-added progress dimension is
applicable, one of the following applies:
(a) Beginning with March 22, 2013, until June 30, 2014, the
majority of the student academic growth factor of the evaluation
shall be based on the value-added progress dimension.
(b) On or after July 1, 2014, the entire student academic
growth factor of the evaluation shall be based on the value-added
progress dimension. In calculating student academic growth for an
evaluation, a student shall not be included if the student has
forty-five or more excused or unexcused absences during the full
academic year.
(2) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated,
including at least two formal observations by the evaluator of at
least thirty minutes each and classroom walkthroughs;
(4) Assigns a rating on each evaluation in accordance with
division (B) of this section or section 3319.114 of the Revised
Code, whichever is applicable;
(5) Requires each teacher to be provided with a written
report of the results of the teacher's evaluation;
(6) Identifies measures of student academic growth for grade
levels and subjects for which the value-added progress dimension
prescribed by section 3302.021 of the Revised Code or an
alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code does not
apply;
(7) Implements a classroom-level, value-added program
developed by a nonprofit organization described in division (B) of
section 3302.021 of the Revised Code or an alternative student
academic progress measure if adopted under division (C)(1)(e) of
section 3302.03 of the Revised Code;
(8) Provides for professional development to accelerate and
continue teacher growth and provide support to poorly performing
teachers;
(9) Provides for the allocation of financial resources to
support professional development.
(B) For purposes of the framework developed under this
section, the state board also shall do the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111
of the Revised Code:
(2) For grade levels and subjects for which the assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code and the value-added progress dimension prescribed by section
3302.021 of the Revised Code, or alternative student academic
progress measure, do not apply, develop a list of student
assessments that measure mastery of the course content for the
appropriate grade level, which may include nationally normed
standardized assessments, industry certification examinations, or
end-of-course examinations.
(C) The state board shall consult with experts, teachers and
principals employed in public schools, and representatives of
stakeholder groups in developing the standards and criteria
required by division (B)(1) of this section.
(D) To assist school districts in developing evaluation
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of
the Revised Code, the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
(E) Not later than June 30, 2013, the state board, in
consultation with state agencies that employ teachers, shall
develop a standards-based framework for the evaluation of teachers
employed by those agencies. Each state agency that employs
teachers shall adopt a standards-based teacher evaluation policy
that conforms with the framework developed under this division.
The policy shall become operative at the expiration of any
collective bargaining agreement covering teachers employed by the
agency that is in effect on September 24, 2012, and shall be
included in any renewal or extension of such an agreement.
However, this division does not apply to any person who is
employed as a substitute teacher or as an instructor of adult
education.
Sec. 3319.114. (A) Beginning with the 2014-2015 school year,
a district or school may choose to use the alternative framework
prescribed by divisions (B) and (C) of this section when
evaluating teachers under section 3319.111 of the Revised Code.
(B) If a district or school chooses to use the alternative
framework for the 2014-2015 school year, that district or school
shall calculate ratings assigned for teacher evaluations according
to the following:
(1) The teacher performance measure, as defined by the
department of education, shall account for forty-two and one-half
per cent of each rating.
(2) The student academic growth measure, as defined by the
department, shall account for forty-two and one-half per cent of
each rating.
(3) Only one of the following components shall account for
fifteen per cent of each rating:
(b) Teacher self-evaluations;
(c) Peer review evaluations;
(C) If a district or school chooses to use the alternative
framework for the 2015-2016 school year or any school year
thereafter, that district or school shall calculate ratings
assigned for teacher evaluations according to the following:
(1) The teacher performance measure, as defined by the
department, shall account for forty-two and one-half to fifty per
cent of each rating.
(2) The student academic growth measure, as defined by the
department, shall account for forty-two and one-half to fifty per
cent of each rating.
(3) The remainder shall be one of the following components:
(b) Teacher self-evaluations;
(c) Peer review evaluations;
(4) The teacher performance measure and the student academic
growth measure shall account for an equal percentage of each
rating.
(D) The department shall compile a list of approved
instruments for districts and schools to use, beginning with the
2014-2015 school year, when evaluating the components described
under divisions (B)(3) and (C)(3) of this section. Each district
or school shall choose one of the approved instruments to evaluate
the applicable component selected by the district or school under
that section.
Sec. 3326.02. There is hereby established a the STEM
committee of the department of education consisting of the
following members:
(A) The superintendent of public instruction;
(B) The chancellor of the Ohio board of regents;
(C) The director of development;
(D) Four members of the public, two of whom shall be
appointed by the governor, one of whom shall be appointed by the
speaker of the house of representatives, and one of whom shall be
appointed by the president of the senate. Members of the public
shall be appointed based on their expertise in business or in STEM
fields. The initial members of the committee shall be appointed
under division (D) of this section not later than forty-five days
after June 30, 2007.
All members of the committee appointed under division (D) of
this section shall serve at the pleasure of their appointing
authority.
Members of the committee shall receive no compensation for
their services. The department of education shall provide
administrative support for the committee.
Sec. 3326.03. (A) The STEM committee shall authorize the
establishment of and award grants to science, technology,
engineering, and mathematics schools based on proposals submitted
to the committee.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals to approve to
become a STEM school. In approving proposals for STEM schools, the
committee shall consider locating the schools in diverse
geographic regions of the state so that all students have access
to a STEM school.
The committee shall seek technical assistance from the Ohio
STEM learning network, or its successor, throughout the process of
accepting and evaluating proposals and choosing which proposals to
approve. In approving proposals for STEM schools, the committee
shall consider the recommendations of the Ohio STEM learning
network, or its successor.
The committee may authorize the establishment of a group of
multiple STEM schools to operate from multiple facilities located
in one or more school districts under the direction of a single
governing body in the manner prescribed by section 3326.031 of the
Revised Code. The committee shall consider the merits of each of
the proposed STEM schools within a group and shall authorize each
school separately. Anytime after authorizing a group of STEM
schools to be under the direction of a single governing body, upon
a proposal from the governing body, the committee may authorize
one or more additional schools to operate as part of that group.
The STEM committee may approve one or more STEM schools to
serve only students identified as gifted under Chapter 3324. of
the Revised Code.
(B) Proposals may be submitted only by a partnership of
public and private entities consisting of at least all of the
following:
(1) A city, exempted village, local, or joint vocational
school district or an educational service center;
(2) Higher education entities;
(3) Business organizations.
A community school established under Chapter 3314. of the
Revised Code, a chartered nonpublic school, or both may be part of
the partnership.
(C) Each proposal shall include at least the following:
(1) Assurances that the STEM school or group of STEM schools
will be under the oversight of a governing body and a description
of the members of that governing body and how they will be
selected;
(2) Assurances that each STEM school will operate in
compliance with this chapter and the provisions of the proposal as
accepted by the committee;
(3) Evidence that each school will offer a rigorous, diverse,
integrated, and project-based curriculum to students in any of
grades six through twelve, with the goal to prepare those students
for college, the workforce, and citizenship, and that does all of
the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that each school will attract school leaders who
support the curriculum principles of division (C)(3) of this
section;
(5) A description of how each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that each school will utilize an established
capacity to capture and share knowledge for best practices and
innovative professional development with the Ohio STEM learning
network, or its successor;
(7) Evidence that each school will operate in collaboration
with a partnership that includes institutions of higher education
and businesses;
(8) Assurances that each school has received commitments of
sustained and verifiable fiscal and in-kind support from regional
education and business entities;
(9) A description of how each school's assets will be
distributed if the school closes for any reason.
Sec. 3326.032. (A) The STEM committee may grant a
designation of STEM school equivalent to a community school
established under Chapter 3314. of the Revised Code or to a
chartered nonpublic school. In order to be eligible for this
designation, a community school or chartered nonpublic school
shall submit a proposal that satisfies the requirements of this
section.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals warrant a community
school or chartered nonpublic school to be designated as a STEM
school equivalent.
(B) A proposal for designation as a STEM school equivalent
shall include at least the following:
(1) Assurances that the community school or chartered
nonpublic school submitting the proposal has a working partnership
with both public and private entities, including higher education
entities and business organizations;
(2) Assurances that the school submitting the proposal will
operate in compliance with this section and the provisions of the
proposal as accepted by the committee;
(3) Evidence that the school submitting the proposal will
offer a rigorous, diverse, integrated, and project-based
curriculum to students in any of grades six through twelve, with
the goal to prepare those students for college, the workforce, and
citizenship, and that does all of the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that the school submitting the proposal will
attract school leaders who support the curriculum principles of
division (B)(3) of this section;
(5) A description of how each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that the school submitting the proposal will
utilize an established capacity to capture and share knowledge for
best practices and innovative professional development;
(7) Assurances that the school submitting the proposal has
received commitments of sustained and verifiable fiscal and
in-kind support from regional education and business entities.
(C)(1) A community school or chartered nonpublic school that
is designated as a STEM school equivalent under this section shall
not be subject to the requirements of Chapter 3326. of the Revised
Code, except that the school shall be subject to the requirements
of this section and to the curriculum requirements of section
3326.09 of the Revised Code.
Nothing in this section, however, shall relieve a community
school of the applicable requirements of Chapter 3314. of the
Revised Code. Nor shall anything in this section relieve a
chartered nonpublic school of any provisions of law outside of
this chapter that are applicable to chartered nonpublic schools.
(2) A community school or chartered nonpublic school that is
designated as a STEM school equivalent under this section shall
not be eligible for operating funding under sections 3326.31 to
3326.37, 3326.39 to 3326.40, and 3326.51 of the Revised Code.
(3) A community school or chartered nonpublic school that is
designated as a STEM school equivalent under this section may
apply for any of the grants and additional funds described in
section 3326.38 of the Revised Code for which the school is
eligible.
(D) If a community school or chartered nonpublic school that
is designated as a STEM school equivalent under this section
intends to close or intends to no longer be designated as a STEM
school equivalent, it shall notify the STEM committee of that
fact.
Sec. 3326.04. (A) The STEM committee shall award grants to
support the operation of STEM programs of excellence to serve
students in any of grades kindergarten through eight through a
request for proposals.
(B) Proposals may be submitted by any of the following:
(1) The board of education of a city, exempted village, or
local school district;
(2) The governing authority of a community school established
under Chapter 3314. of the Revised Code;
(3) The governing authority of a chartered nonpublic school.
(C) Each proposal shall demonstrate to the satisfaction of
the STEM committee that the program meets at least the following
standards:
(1) Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will serve all students enrolled in the district or school
in the grades for which the program is designed.
(2) The program will offer a rigorous and diverse curriculum
that is based on scientific inquiry and technological design, that
emphasizes personalized learning and teamwork skills, and that
will expose students to advanced scientific concepts within and
outside the classroom.
(3) Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will not limit participation of students on the basis of
intellectual ability, measures of achievement, or aptitude.
(4) The program will utilize an established capacity to
capture and share knowledge for best practices and innovative
professional development.
(5) The program will operate in collaboration with a
partnership that includes institutions of higher education and
businesses.
(6) The program will include teacher professional development
strategies that are augmented by community and business partners.
(D) The STEM committee shall give priority to proposals for
new or expanding innovative programs.
Sec. 3326.09. Subject to approval by its governing body or
governing authority, the curriculum of each science, technology,
engineering, and mathematics school and of each community school
or chartered nonpublic school that is designated as a STEM school
equivalent under section 3326.032 of the Revised Code shall be
developed by a team that consists of at least the school's chief
administrative officer, a teacher, a representative of the higher
education institution that is a collaborating partner in the STEM
school or school designated as a STEM school equivalent, described
in the proposal for establishment of the school as required by
division (C)(7) of section 3326.03 of the Revised Code, and a
member of the public with expertise in the application of science,
technology, engineering, or mathematics.
Section 2. That existing sections 3301.162, 3314.03,
3319.111, 3319.112, 3326.02, 3326.03, 3326.04, and 3326.09 of the
Revised Code are hereby repealed.
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