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H. B. No. 487 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 133.06, 921.06, 3301.0714,
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603,
3313.6013, 3313.6016, 3313.90, 3314.08, 3317.03,
3319.22, 3319.26, 3321.03, 3321.04, 3321.07,
3321.08, 3321.09, 3324.07, 3326.36, 3328.24,
3331.04, 3333.041, 3333.35, 3333.43, 3333.86,
3345.06, 3365.04, 3365.041, 3365.05, 3365.06,
3365.08, and 3365.11; to amend, for the purpose of
adopting new section numbers as indicated in
parentheses, sections 3365.04 (3365.06), 3365.041
(3365.032), 3365.05 (3365.12), 3365.06 (3365.031),
and 3365.11 (3365.09); to enact new sections
3313.6015, 3365.01, 3365.02, 3365.03, 3365.04,
3365.05, 3365.07, 3365.10, 3365.11, and 3365.15
and sections 3365.071 and 3365.13; and to repeal
sections 3313.6015, 3345.062, 3365.01, 3365.02,
3365.021, 3365.022, 3365.03, 3365.07, 3365.09,
3365.10, 3365.12, and 3365.15 of the Revised Code
with regard to education provisions for students
in grades kindergarten through twelve.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 921.06, 3301.0714,
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013,
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03,
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24,
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04,
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 be amended;
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended
for the purpose of adopting new section numbers as indicated in
parentheses; and new sections 3313.6015, 3365.01, 3365.02,
3365.03, 3365.04, 3365.05, 3365.07, 3365.10, 3365.11, and 3365.15
and sections 3365.071 and 3365.13 of the Revised Code be enacted
to read as follows:
Sec. 133.06. (A) A school district shall not incur, without
a vote of the electors, net indebtedness that exceeds an amount
equal to one-tenth of one per cent of its tax valuation, except as
provided in divisions (G) and (H) of this section and in division
(C) of section 3313.372 of the Revised Code, or as prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education, and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred twenty days prior to
the election at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.042 of the Revised Code.
(E) A school district may become a special needs district as
to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining both
of the following:
(a) The student population is not being adequately serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) The history of and a projection of the growth of the tax
valuation;
(c) The estimated cost of permanent improvements proposed to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the information
certified to the superintendent and any other information the
superintendent obtains, indicates a likelihood of potential
average growth of tax valuation of the district during the next
five years of an average of not less than one and one-half per
cent per year. The findings and certification of the
superintendent shall be conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding the
month in which its board determines to submit to the electors the
question of issuing the proposed securities;
(b) Twelve per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in
the district have been wholly or partially destroyed, or condemned
by a constituted public authority, or that such buildings or
facilities are partially constructed, or so constructed or planned
as to require additions and improvements to them before the
buildings or facilities are usable for their intended purpose, or
that corrections to permanent improvements are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the cost,
in excess of any insurance or condemnation proceeds received by
the district, of permanent improvements to respond to the
emergency need.
(3) The procedures for the election shall be as provided in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section 133.18
of the Revised Code shall be certified to the county auditor and
the board of elections at least one hundred days prior to the
election;
(c) The county auditor shall advise and, not later than
ninety-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its resolution
and the information required by division (D) of section 133.18 of
the Revised Code to the board of elections not less than ninety
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G)(1) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an analysis
and recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce
energy consumption in buildings owned by the district. The report
shall include estimates of all costs of such installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, measurement and
verification of energy savings, and debt service, forgone residual
value of materials or equipment replaced by the energy
conservation measure, as defined by the Ohio school facilities
commission, a baseline analysis of actual energy consumption data
for the preceding three years with the utility baseline based on
only the actual energy consumption data for the preceding twelve
months, and estimates of the amounts by which energy consumption
and resultant operational and maintenance costs, as defined by the
commission, would be reduced.
If the board finds after receiving the report that the amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board may
submit to the commission a copy of its findings and a request for
approval to incur indebtedness to finance the making or
modification of installations or the remodeling of buildings for
the purpose of significantly reducing energy consumption.
The school facilities commission, in consultation with the
auditor of state, may deny a request under this division by the
board of education any school district is in a state of fiscal
watch pursuant to division (A) of section 3316.03 of the Revised
Code, if it determines that the expenditure of funds is not in the
best interest of the school district.
No district board of education of a school district that is
in a state of fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code shall submit a request without
submitting evidence that the installations, modifications, or
remodeling have been approved by the district's financial planning
and supervision commission established under section 3316.05 of
the Revised Code.
No board of education of a school district that, for three or
more consecutive years, has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code, as
that section existed prior to March 22, 2013, and has failed to
meet adequate yearly progress, or has met any condition set forth
in division (A)(2), (3), or (4)(1)(b), (c), or (d) of section
3302.10 of the Revised Code shall submit a request without first
receiving approval to incur indebtedness from the district's
academic distress commission, if one has been established for the
district under that section, for so long as such commission
continues to be required in operation for the district.
(2) The school facilities commission shall approve the
board's request provided that the following conditions are
satisfied:
(a) The commission determines that the board's findings are
reasonable.
(b) The request for approval is complete.
(c) The installations, modifications, or remodeling are
consistent with any project to construct or acquire classroom
facilities, or to reconstruct or make additions to existing
classroom facilities under sections 3318.01 to 3318.20 or sections
3318.40 to 3318.45 of the Revised Code.
Upon receipt of the commission's approval, the district may
issue securities without a vote of the electors in a principal
amount not to exceed nine-tenths of one per cent of its tax
valuation for the purpose of making such installations,
modifications, or remodeling, but the total net indebtedness of
the district without a vote of the electors incurred under this
and all other sections of the Revised Code, except section
3318.052 of the Revised Code, shall not exceed one per cent of the
district's tax valuation.
(3) So long as any securities issued under this division
remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs
of buildings in which installations or modifications have been
made or remodeling has been done pursuant to this division and.
Except as provided in division (G)(4) of this section, the board
shall maintain and annually update a report in a form and manner
prescribed by the school facilities commission documenting the
reductions in energy consumption and resultant operational and
maintenance cost savings attributable to such installations,
modifications, or remodeling. The report shall be certified by an
architect or engineer independent of any person that provided
goods or services to the board in connection with the energy
conservation measures that are the subject of the report. The
resultant operational and maintenance cost savings shall be
certified by the school district treasurer. The report shall be
submitted annually to the commission.
(4) If the school facilities commission verifies that the
certified annual reports submitted to the commission by a board of
education under division (G)(3) of this section fulfill the
guarantee required under division (B) of section 3313.372 of the
Revised Code for three consecutive years, the board of education
shall no longer be subject to the annual reporting requirements of
division (G)(3) of this section.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of paying
costs of permanent improvements, if and to the extent that both of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates that
receipts of the school district from payments made under or
pursuant to agreements entered into pursuant to section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised
Code, or distributions under division (C) of section 5709.43 of
the Revised Code, or any combination thereof, are, after
accounting for any appropriate coverage requirements, sufficient
in time and amount, and are committed by the proceedings, to pay
the debt charges on the securities issued to evidence that
indebtedness and payable from those receipts, and the taxing
authority of the district confirms the fiscal officer's estimate,
which confirmation is approved by the superintendent of public
instruction;
(2) The fiscal officer of the school district certifies, and
the taxing authority of the district confirms, that the district,
at the time of the certification and confirmation, reasonably
expects to have sufficient revenue available for the purpose of
operating such permanent improvements for their intended purpose
upon acquisition or completion thereof, and the superintendent of
public instruction approves the taxing authority's confirmation.
The maximum maturity of securities issued under division (H)
of this section shall be the lesser of twenty years or the maximum
maturity calculated under section 133.20 of the Revised Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) or (C) of
this section when necessary to raise the school district portion
of the basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives, the
cost of other locally funded initiatives in an amount that does
not exceed fifty per cent of the district's portion of the basic
project cost, and the cost for site acquisition. The school
facilities commission shall notify the superintendent of public
instruction whenever a school district will exceed either limit
pursuant to this division.
(J) A school district whose portion of the basic project cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the electors
net indebtedness in an amount up to two per cent of its tax
valuation through the issuance of general obligation securities in
order to generate all or part of the amount of its portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio school facilities commission shall include the
dedication of the proceeds of such securities in the agreement
entered into under section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 921.06. (A)(1) No individual shall do any of the
following without having a commercial applicator license issued by
the director of agriculture:
(a) Apply pesticides for a pesticide business without direct
supervision;
(b) Apply pesticides as part of the individual's duties while
acting as an employee of the United States government, a state,
county, township, or municipal corporation, or a park district,
port authority, or sanitary district created under Chapter 1545.,
4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of
this section does not apply to a private applicator or an
immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that
private applicator.
(d) If the individual is the owner of a business other than a
pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible sites that
are located on the property:
(i) Food service operations that are licensed under Chapter
3717. of the Revised Code;
(ii) Retail food establishments that are licensed under
Chapter 3717. of the Revised Code;
(iv) Rental properties of more than four apartment units at
one location;
(v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education educational service center, a community school
established under Chapter 3314. of the Revised Code, or a
chartered or nonchartered nonpublic school that meets minimum
standards established by the state board of education;
(viii) Colleges as defined in section 3365.01 State
institutions of higher education as defined in section 3345.011 of
the Revised Code, nonprofit institutions holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code,
institutions holding a certificate of registration from the state
board of career colleges and schools and program authorization for
an associate or bachelor's degree program issued under section
3332.05 of the Revised Code, and private institutions exempt from
regulation under Chapter 3332. of the Revised Code as prescribed
in section 3333.046 of the Revised Code;
(ix) Food processing establishments as defined in section
3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established
by rule and shall be renewed in accordance with deadlines
established by rule. The fee for each such license shall be
established by rule. If a license is not issued or renewed, the
application fee shall be retained by the state as payment for the
reasonable expense of processing the application. The director
shall by rule classify by pesticide-use category licenses to be
issued under this section. A single license may include more than
one pesticide-use category. No individual shall be required to pay
an additional license fee if the individual is licensed for more
than one category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture
whose job duties require licensure as a commercial applicator as a
condition of employment.
(B) Application for a commercial applicator license shall be
made on a form prescribed by the director. Each application for a
license shall state the pesticide-use category or categories of
license for which the applicant is applying and other information
that the director determines essential to the administration of
this chapter.
(C) If the director finds that the applicant is competent to
apply pesticides and conduct diagnostic inspections and that the
applicant has passed both the general examination and each
applicable pesticide-use category examination as required under
division (A) of section 921.12 of the Revised Code, the director
shall issue a commercial applicator license limited to the
pesticide-use category or categories for which the applicant is
found to be competent. If the director rejects an application, the
director may explain why the application was rejected, describe
the additional requirements necessary for the applicant to obtain
a license, and return the application. The applicant may resubmit
the application without payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be
deemed to hold a private applicator's license for purposes of
applying pesticides on agricultural commodities that are produced
by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student, except for the language
and reading assessment described in division (A)(2) of section
3301.0715 of the Revised Code, if the parent of that student
requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
state board of education or department of education from providing
a student's county of residence to the department of taxation to
facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school district
or community school to assign a data verification code that is
unique on a statewide basis over time to each student whose
initial Ohio enrollment is in that district or school and to
report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of data
verification codes for other entities, as described in division
(D)(2)(c) of this section, the use of those codes, and the
reporting and use of associated individual student data shall be
coordinated by the department in accordance with state and federal
law.
School districts shall report individual student data to the
department through the information technology centers utilizing
the code. The entities described in division (D)(2)(c) of this
section shall report individual student data to the department in
the manner prescribed by the department.
Except as provided in sections 3301.941, 3310.11, 3310.42,
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time
shall the state board or the department have access to information
that would enable any data verification code to be matched to
personally identifiable student data.
(b) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize the
same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section 3321.01
of the Revised Code, including the directors of health, job and
family services, mental health and addiction services, and
developmental disabilities, shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving those services.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (H) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as otherwise required under
division (B)(1) of section 3313.608 of the Revised Code, the board
of education of each city, local, and exempted village school
district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student. However, if a student
transfers into the district prior to the administration of the
diagnostic assessments to all students under division (B) of this
section, the district may administer the diagnostic assessments to
that student on the date or dates determined under that division.
(2)(a) Prior to July 1, 2014, each kindergarten student, not
earlier than four weeks prior to the first day of school and not
later than the first day of October.
(b) Beginning July 1, 2014, each Each kindergarten student,
not earlier than the first day of the school year and not later
than the first day of November, except that the language and
reading skills portion of the assessment shall be administered by
the thirtieth day of September to fulfill the requirements of
division (B) of section 3313.608 of the Revised Code.
For the purpose of division (A)(2) of this section, the
district shall administer the kindergarten readiness assessment
provided by the department of education. In no case shall the
results of the readiness assessment be used to prohibit a student
from enrolling in kindergarten.
(3) Each student enrolled in first, second, or third grade.
Division (A) of this section does not apply to students with
significant cognitive disabilities, as defined by the department
of education.
(B) Each district board shall administer each diagnostic
assessment when the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Any district that received an excellent or effective
rating a grade of "A" or "B" for the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of
the Revised Code or for the value-added progress dimension under
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of
the Revised Code for the immediately preceding school year,
pursuant to section 3302.03 of the Revised Code as it existed
prior to March 22, 2013, or the equivalent of such rating as
determined by the department of education, may use different
diagnostic assessments from those adopted under division (D) of
section 3301.079 of the Revised Code in order to satisfy the
requirements of division (A)(2)(3) of this section.
(D) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the
student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit to the department, in the manner
the department prescribes, the results of the diagnostic
assessments administered under this section, regardless of the
type of assessment used under section 3313.608 of the Revised
Code. The department may issue reports with respect to the data
collected. The department may report school and district level
kindergarten diagnostic assessment data and use diagnostic
assessment data to calculate the measure prescribed by divisions
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.
(E) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
Sec. 3302.03. Annually, not later than the fifteenth day of
September or the preceding Friday when that day falls on a
Saturday or Sunday, the department of education shall assign a
letter grade for overall academic performance and for each
separate performance measure for each school district, and each
school building in a district, in accordance with this section.
The state board shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish performance criteria for each letter
grade and prescribe a method by which the department assigns each
letter grade. For a school building to which any of the
performance measures do not apply, due to grade levels served by
the building, the state board shall designate the performance
measures that are applicable to the building and that must be
calculated separately and used to calculate the building's overall
grade. The department shall issue annual report cards reflecting
the performance of each school district, each building within each
district, and for the state as a whole using the performance
measures and letter grade system described in this section. The
department shall include on the report card for each district and
each building within each district the most recent two-year trend
data in student achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as adopted by the
state board. In adopting benchmarks for assigning letter grades
under division (A)(1)(b) of this section, the state board of
education shall designate ninety per cent or higher for an "A," at
least seventy per cent but not more than eighty per cent for a
"C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.02 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (A)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the
department shall designate a four-year adjusted cohort graduation
rate of ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an
"A."
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available. The letter grade assigned for this growth measure shall
be as follows:
(i) A score that is at least two standard errors of measure
above the mean score shall be designated as an "A."
(ii) A score that is at least one standard error of measure
but less than two standard errors of measure above the mean score
shall be designated as a "B."
(iii) A score that is less than one standard error of measure
above the mean score but greater than or equal to one standard
error of measure below the mean score shall be designated as a
"C."
(iv) A score that is not greater than one standard error of
measure below the mean score but is greater than or equal to two
standard errors of measure below the mean score shall be
designated as a "D."
(v) A score that is not greater than two standard errors of
measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a
graded performance measure, whether as an overall measure or as a
measure of separate subgroups, the grades for the measure shall be
calculated in the same manner as prescribed in division (A)(1)(e)
of this section.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted, students with
disabilities, and students whose performance places them in the
lowest quintile for achievement on a statewide basis. Each
subgroup shall be a separate graded measure.
(2) Not later than April 30, 2013, the state board of
education shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and, not later than June 30, 2013, shall adopt rules in
accordance with Chapter 119. of the Revised Code that prescribe
the methods by which the performance measures under division
(A)(1) of this section shall be assessed and assigned a letter
grade, including performance benchmarks for each letter grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school
district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall
issue grades as described in division (E) of this section for each
of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (B)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (B)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis. Each subgroup shall be a
separate graded measure.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to districts and buildings for purposes of
division (B)(1)(g) of this section. In adopting benchmarks for
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of
this section, the state board shall determine progress made based
on the reduction in the percentage of students scoring below grade
level, or below proficient, compared from year to year on the
reading and writing diagnostic assessments administered under
section 3301.0715 of the Revised Code and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The state board shall designate for a "C"
grade a value that is not lower than the statewide average value
for this measure. No grade shall be issued under divisions
(B)(1)(g) and (C)(1)(g) of this section for a district or building
in which less than five per cent of students have scored below
grade level on the diagnostic assessment administered to students
in kindergarten under division (B)(1) of section 3313.608 of the
Revised Code.
(2) In addition to the graded measures in division (B)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(b) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
or advanced standing programs, such as the post-secondary
enrollment options program under Chapter 3365. of the Revised Code
and state-approved career-technical courses offered through dual
enrollment or statewide articulation, that appear on a student's
transcript or other official document, either of which is issued
by the institution of higher education from which the student
earned the college credit. The credits earned that are reported
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not
include any that are remedial or developmental and shall include
those that count toward the curriculum requirements established
for completion of a degree.
(c) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with standards adopted under division (F) of section 3345.061 of
the Revised Code;
(d) The percentage of the district's or the building's
students who receive industry credentials. The state board shall
adopt criteria for acceptable industry credentials.
(e) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students
who receive an honors diploma under division (B) of section
3313.61 of the Revised Code.
(3) Not later than December 31, 2013, the state board shall
adopt rules in accordance with Chapter 119. of the Revised Code
that prescribe the methods by which the performance measures under
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed
and assigned a letter grade, including performance benchmarks for
each grade.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods by which the performance
measures under division (B)(1) of this section shall be assessed
and assigned a letter grade, the department shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider education legislation
describing such methods, including performance benchmarks.
(4) There shall not be an overall letter grade for a school
district or building for the 2013-2014 school year.
(C)(1) For the 2014-2015 school year and each school year
thereafter, the department shall issue grades as described in
division (E) of this section for each of the following performance
measures and an overall letter grade based on an aggregate of
those measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by the
department. In adopting benchmarks for assigning letter grades
under division (C)(1)(b) of this section, the state board shall
designate ninety per cent or higher for an "A," at least seventy
per cent but not more than eighty per cent for a "C," and less
than fifty per cent for an "F."
(c) The extent to which the school district or building meets
each of the applicable performance indicators established by the
state board under section 3302.03 of the Revised Code and the
percentage of applicable performance indicators that have been
achieved. In adopting benchmarks for assigning letter grades under
division (C)(1)(c) of this section, the state board shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress
dimension, or another measure of student academic progress if
adopted by the state board, of a school district or building, for
which the department shall use up to three years of value-added
data as available.
In adopting benchmarks for assigning letter grades for
overall score on value-added progress dimension under division
(C)(1)(e) of this section, the state board shall prohibit the
assigning of a grade of "A" for that measure unless the district's
or building's grade assigned for value-added progress dimension
for all subgroups under division (C)(1)(f) of this section is a
"B" or higher.
For the metric prescribed by division (C)(1)(e) of this
section, the state board may adopt a student academic progress
measure to be used instead of the value-added progress dimension.
If the state board adopts such a measure, it also shall prescribe
a method for assigning letter grades for the new measure that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(f) The value-added progress dimension score of a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis, as determined by a method
prescribed by the state board. Each subgroup shall be a separate
graded measure.
The state board may adopt student academic progress measures
to be used instead of the value-added progress dimension. If the
state board adopts such measures, it also shall prescribe a method
for assigning letter grades for the new measures that is
comparable to the method prescribed in division (A)(1)(e) of this
section.
(g) Whether a school district or building is making progress
in improving literacy in grades kindergarten through three, as
determined using a method prescribed by the state board. The state
board shall adopt rules to prescribe benchmarks and standards for
assigning grades to a district or building for purposes of
division (C)(1)(g) of this section. The state board shall
designate for a "C" grade a value that is not lower than the
statewide average value for this measure. No grade shall be issued
under division (C)(1)(g) of this section for a district or
building in which less than five per cent of students have scored
below grade level on the kindergarten diagnostic assessment under
division (B)(1) of section 3313.608 of the Revised Code.
(2) In addition to the graded measures in division (C)(1) of
this section, the department shall include on a school district's
or building's report card all of the following without an assigned
letter grade:
(a) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with the standards adopted under division (F) of section 3345.061
of the Revised Code;
(b) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(c) The number of a district's or building's students who
have earned at least three college credits through dual enrollment
advanced standing programs, such as the post-secondary enrollment
options college credit plus program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear on
a student's transcript or other official document, either of which
is issued by the institution of higher education from which the
student earned the college credit. The credits earned that are
reported under divisions (B)(2)(b) and (C)(2)(c) of this section
shall not include any that are remedial or developmental and shall
include those that count toward the curriculum requirements
established for completion of a degree.
(d) The percentage of the district's or building's students
who receive an honor's diploma under division (B) of section
3313.61 of the Revised Code;
(e) The percentage of the district's or building's students
who receive industry credentials;
(f) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate examinations;
(g) The results of the college and career-ready assessments
administered under division (B)(1) of section 3301.0712 of the
Revised Code.
(3) The state board shall adopt rules pursuant to Chapter
119. of the Revised Code that establish a method to assign an
overall grade for a school district or school building for the
2014-2015 school year and each school year thereafter. The rules
shall group the performance measures in divisions (C)(1) and (2)
of this section into the following components:
(a) Gap closing, which shall include the performance measure
in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures
in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in
divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance measure
in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall
include the performance measure in division (C)(1)(g) of this
section;
(f) Prepared for success, which shall include the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of
this section. The state board shall develop a method to determine
a grade for the component in division (C)(3)(f) of this section
using the performance measures in divisions (C)(2)(a), (b), (c),
(d), (e), and (f) of this section. When available, the state board
may incorporate the performance measure under division (C)(2)(g)
of this section into the component under division (C)(3)(f) of
this section. When determining the overall grade for the prepared
for success component prescribed by division (C)(3)(f) of this
section, no individual student shall be counted in more than one
performance measure. However, if a student qualifies for more than
one performance measure in the component, the state board may, in
its method to determine a grade for the component, specify an
additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the state board shall ensure that the
pool of students included in the performance measures aggregated
under that division are all of the students included in the four-
and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this section,
the state board shall adopt a method for determining a grade for
each component in divisions (C)(3)(a) to (f) of this section. The
state board also shall establish a method to assign an overall
grade of "A," "B," "C," "D," or "F" using the grades assigned for
each component. The method the state board adopts for assigning an
overall grade shall give equal weight to the components in
divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the state board's adoption
of rules to prescribe the methods for calculating the overall
grade for the report card, as required by this division, the
department shall conduct a public presentation before the standing
committees of the house of representatives and the senate that
consider education legislation describing the format for the
report card, weights that will be assigned to the components of
the overall grade, and the method for calculating the overall
grade.
(D) Not later than July 1, 2015, the state board shall
develop a measure of student academic progress for high school
students. Beginning with the report card for the 2015-2016 school
year, each school district and applicable school building shall be
assigned a separate letter grade for this measure and the
district's or building's grade for that measure shall be included
in determining the district's or building's overall letter grade.
This measure shall be included within the measure prescribed in
division (C)(3)(c) of this section in the calculation for the
overall letter grade.
(E) The letter grades assigned to a school district or
building under this section shall be as follows:
(1) "A" for a district or school making excellent progress;
(2) "B" for a district or school making above average
progress;
(3) "C" for a district or school making average progress;
(4) "D" for a district or school making below average
progress;
(5) "F" for a district or school failing to meet minimum
progress.
(F) When reporting data on student achievement and progress,
the department shall disaggregate that data according to the
following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
(4) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(6) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are
economically disadvantaged;
(8) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(9) Performance of students grouped by those who are
classified as limited English proficient;
(10) Performance of students grouped by those who have
disabilities;
(11) Performance of students grouped by those who are
classified as migrants;
(12) Performance of students grouped by those who are
identified as gifted in superior cognitive ability and the
specific academic ability fields of reading and math pursuant to
Chapter 3324. of the Revised Code. In disaggregating specific
academic ability fields for gifted students, the department shall
use data for those students with specific academic ability in math
and reading. If any other academic field is assessed, the
department shall also include data for students with specific
academic ability in that field as well.
(13) Performance of students grouped by those who perform in
the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the state board.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(F)(1) to (13) of this section that it deems relevant.
In reporting data pursuant to division (F) of this section,
the department shall not include in the report cards any data
statistical in nature that is statistically unreliable or that
could result in the identification of individual students. For
this purpose, the department shall not report student performance
data for any group identified in division (F) of this section that
contains less than ten students. If the department does not report
student performance data for a group because it contains less than
ten students, the department shall indicate on the report card
that is why data was not reported.
(G) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(H) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(I) Division (I) of this section does not apply to conversion
community schools that primarily enroll students between sixteen
and twenty-two years of age who dropped out of high school or are
at risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
(1) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the report card issued
for the district under this section or section 3302.033 of the
Revised Code.
(2) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of determining the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(3) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors a community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may exercise either or both of the
following elections:
(a) To have data regarding the academic performance of
students enrolled in that community school combined with
comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district's report card;
(b) To have the number of students attending that community
school noted separately on the district's report card.
The election authorized under division (I)(3)(a) of this
section is subject to approval by the governing authority of the
community school.
Any municipal school district that exercises an election to
combine or include data under division (I)(3) of this section, by
the first day of October of each year, shall file with the
department documentation indicating eligibility for that election,
as required by the department.
(J) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(K)(1) In calculating English language arts, mathematics,
social studies, or science assessment passage rates used to
determine school district or building performance under this
section, the department shall include all students taking an
assessment with accommodation or to whom an alternate assessment
is administered pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and annual
measurable objectives for determining adequate yearly progress for
school districts and buildings under this section, the department
shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001," exclude for each district or building any limited English
proficient student who has been enrolled in United States schools
for less than one full school year.
(L) Beginning with the 2015-2016 school year and at least
once every three years thereafter, the state board of education
shall review and may adjust the benchmarks for assigning letter
grades to the performance measures and components prescribed under
divisions (C)(3) and (D) of this section.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent
of public instruction shall establish an academic distress
commission for each (1) Subject to division (A)(2) of this
section, any school district that meets any combination of the
following conditions for two of the three or more consecutive most
recent years shall be subject to the establishment of an academic
distress commission:
(1)(a) The district has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code, as
that section existed prior to the effective date of this amendment
March 22, 2013, and has failed to make adequate yearly progress;.
(2)(b) The district has received a grade of "F" for the
performance index score and a grade of "D" or "F" for the
value-added progress dimension of section 3302.03 of the Revised
Code; for the 2013-2014 school year.
(3)(c) The district has received an overall grade of "F"
under division (C)(2) or a grade of "F" for the value-added
progress dimension under division (C)(1)(e)(3) of section 3302.03
of the Revised Code;
(4) At least fifty per cent of the schools operated by the
district have received an overall grade of "D" or "F" under
division (C)(3) of section 3302.03 of the Revised Code.
(d) The district's academic performance makes it subject to
the most severe level of state intervention as specified by the
most recent "Elementary and Secondary Education Act" waiver issued
to the state by the United States department of education.
(2) A school district that meets any of the conditions
prescribed in division (A)(1) of this section but has received on
the report card issued for the most recent school year a grade of
"A" or "B" on at least two components prescribed under division
(C)(3) of section 3302.03 of the Revised Code shall not be subject
to the establishment of an academic distress commission for the
following school year.
(B) Each commission shall assist the district for which it
was established in improving the district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B)(C) Each academic distress commission shall consist of
five voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this section, the superintendent of
public instruction shall provide written notification of that fact
to the district board of education and shall request the president
of the district board to submit to the superintendent of public
instruction, in writing, the names of the president's appointees
to the commission. The superintendent of public instruction and
the president of the district board shall make appointments to the
commission within thirty days after the district is notified that
it is subject to this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C)(D) Immediately after appointment of the initial members
of an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F)(H) of this section. At its first
meeting, the commission shall adopt temporary bylaws in accordance
with division (D)(F) of this section to govern its operations
until the adoption of permanent bylaws.
(E) The superintendent of public instruction shall designate
a chairperson for the commission from among the members appointed
by the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D)(F) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E)(G) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F)(H) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G)(I) Each member of an academic distress commission shall
file the statement described in section 102.02 of the Revised Code
with the Ohio ethics commission. The statement shall be
confidential, subject to review, as described in division (B) of
that section.
(H)(J) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(K)(1) Within one hundred twenty days after the first
meeting of an academic distress commission, the commission shall
adopt an academic recovery plan to improve academic performance in
the school district. The plan shall address academic problems at
both the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(K)(1)(a) of this section and the persons responsible
for implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J)(L) Each academic distress commission shall seek input
from the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K)(M) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations relinquishing one or more of the rights
or responsibilities listed in division (C) of section 4117.08 of
the Revised Code, those stipulations are not enforceable and the
district board shall resume holding those rights or
responsibilities as if it had not relinquished them in that
agreement until such time as both the academic distress commission
ceases to exist and the district board agrees to relinquish those
rights or responsibilities in a new collective bargaining
agreement. The provisions of this paragraph apply to a collective
bargaining agreement entered into after September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(L)(N)(1) An academic distress commission shall cease to
exist when the district for which it was established receives a
performance rating of in need of continuous improvement or better,
under section 3302.03 of the Revised Code as that section existed
prior to the effective date of this amendment, or a has received,
on two of the three most recent report cards, any combination of
the following:
(a) A grade of "C" or better for both the performance index
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the
value-added progress dimension under division (A)(1)(e),
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for
two of the three prior school years; however, the;
(b) An overall grade of "C" or better under division (C)(3)
of section 3302.03 of the Revised Code;
(c) A level of academic performance such that the school
district is no longer subject to the most severe level of state
intervention as described in division (A)(1)(d) of this section.
(2) The superintendent of public instruction may dissolve the
commission earlier than as prescribed by division (N)(1) of this
section if the superintendent determines that the district can
perform adequately without the supervision of the commission. Upon
termination of the commission, the department of education shall
compile a final report of the commission's activities to assist
other academic distress commissions in the conduct of their
functions.
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, a building, to reduce energy
consumption. It includes:
(1) Insulation of the building structure and systems within
the building;
(2) Storm windows and doors, multiglazed windows and doors,
heat absorbing or heat reflective glazed and coated window and
door systems, additional glazing, reductions in glass area, and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation measure.
(B) A board of education of a city, exempted village, local,
or joint vocational school district may enter into an installment
payment contract for the purchase and installation of energy
conservation measures. The provisions of such installment payment
contracts dealing with interest charges and financing terms shall
not be subject to the competitive bidding requirements of section
3313.46 of the Revised Code, and shall be on the following terms:
(1) Not less than one-fifteenth of the costs thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be paid
within fifteen years from the date of purchase.
The provisions of any installment payment contract entered
into pursuant to this section shall provide that all payments,
except payments for repairs and obligations on termination of the
contract prior to its expiration, be stated as a percentage of
shall not exceed the calculated energy, water, or waste water cost
savings, avoided operating costs, and avoided capital costs
attributable to the one or more measures over a defined period of
time. Those payments shall be made only to the extent that the
savings described in this division actually occur. The contractor
shall warrant and guarantee that the energy conservation measures
shall realize guaranteed savings and shall be responsible to pay
an amount equal to any savings shortfall.
An installment payment contract entered into by a board of
education under this section shall require the board to contract
in accordance with division (A) of section 3313.46 of the Revised
Code for the installation, modification, or remodeling of energy
conservation measures unless division (A) of section 3313.46 of
the Revised Code does not apply pursuant to division (B)(3) of
that section, in which case the contract shall be awarded through
a competitive selection process pursuant to rules adopted by the
school facilities commission.
An installment payment contract entered into by a board of
education under this section may include services for measurement
and verification of energy savings associated with the guarantee.
The annual cost of measurement and verification services shall not
exceed ten per cent of the guaranteed savings in any year of the
installment payment contract.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing
the notes, the board may provide, without the vote of the electors
of the district, for annually levying and collecting taxes in
amounts sufficient to pay the interest on and retire the notes,
except that the total net indebtedness of the district without a
vote of the electors incurred under this and all other sections of
the Revised Code, except section 3318.052 of the Revised Code,
shall not exceed one per cent of the district's tax valuation.
Revenues derived from local taxes or otherwise, for the purpose of
conserving energy or for defraying the current operating expenses
of the district, may be applied to the payment of interest and the
retirement of such notes. The notes may be sold at private sale or
given to the contractor under the installment payment contract
authorized by division (B) of this section.
(D) Debt incurred under this section shall not be included in
the calculation of the net indebtedness of a school district under
section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it
first obtains a report of the costs of the energy conservation
measures and the savings thereof as described under division (G)
of section 133.06 of the Revised Code as a requirement for issuing
energy securities, makes a finding that the amount spent on such
measures is not likely to exceed the amount of money it would save
in energy costs and resultant operational and maintenance costs as
described in that division, except that that finding shall cover
the ensuing fifteen years, and the Ohio school facilities
commission determines that the district board's findings are
reasonable and approves the contract as described in that
division.
The district board shall monitor the savings and maintain a
report of those savings, which shall be submitted to the
commission in the same manner as required by division (G) of
section 133.06 of the Revised Code in the case of energy
securities.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
(8) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(7) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(8) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
across the curriculum in order to maximize efficiency, enhance
learning, and prepare students for success in the
technology-driven twenty-first century. Districts and schools
shall use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall utilize technology access and electronic
learning opportunities provided by the broadcast educational media
commission, chancellor, the Ohio learning network, education
technology centers, public television stations, and other public
and private providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014 2016, may qualify for graduation from a public
or chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career a student success plan for
the student under division (C)(1) of section 3313.6015 of the
Revised Code that specifies the student matriculating to a
two-year degree program, acquiring a business and industry
credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014 2016. The
department shall submit its findings and any recommendations not
later than August 1, 2014 2016, to the speaker and minority leader
of the house of representatives, the president and minority leader
of the senate, the chairpersons and ranking minority members of
the standing committees of the house of representatives and the
senate that consider education legislation, the state board of
education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum prescribed in division (C) of
this section. The department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the
program applies for the waiver, if the program meets all of the
following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board under division
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)
of that section.
(4) The program develops an individual career a student
success plan for the student under division (C)(1) of section
3313.6015 of the Revised Code that specifies the student's
matriculating to a two-year degree program, acquiring a business
and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
(8) Prior to receiving the waiver, the program has submitted
to the department a policy on career advising that satisfies the
requirements of section 3313.6015 of the Revised Code, with an
emphasis on how every student will receive career advising.
(9) Prior to receiving the waiver, the program has submitted
to the department a written agreement outlining the future
cooperation between the program and any combination of local job
training, postsecondary education, nonprofit, and health and
social service organizations to provide services for students in
the program and their families.
Divisions (F)(8) and (9) of this section apply only to
waivers granted on or after the effective date of this amendment.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district and community
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(8) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(8) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
(M) It is important that high school students learn and
understand United States history and the governments of both the
United States and the state of Ohio. Therefore, beginning with
students who enter ninth grade for the first time on or after July
1, 2012, the study of American history and American government
required by divisions (B)(6) and (C)(6) of this section shall
include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on
the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions
(M)(1) to (4) of this section shall include study of that document
in its original context.
The study of American history and government required by
divisions (B)(6) and (C)(6) of this section shall include the
historical evidence of the role of documents such as the
Federalist Papers and the Anti-Federalist Papers to firmly
establish the historical background leading to the establishment
of the provisions of the Constitution and Bill of Rights.
Sec. 3313.6013. (A) As used in this section, "dual enrollment
advanced standing program" means a program that enables a student
to earn credit toward a degree from an institution of higher
education while enrolled in high school or that enables a student
to complete coursework while enrolled in high school that may earn
credit toward a degree from an institution of higher education
upon the student's attainment of a specified score on an
examination covering the coursework. Dual enrollment Advanced
standing programs may include any of the following:
(1) The post-secondary enrollment options college credit plus
program established under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) Any similar program established pursuant to an agreement
between a school district or chartered nonpublic high school and
an institution of higher education International baccalaureate
diploma courses;
(4) Early college high schools school programs.
(B) Each city, local, exempted village, and joint vocational
school district and each chartered nonpublic high school shall
provide students enrolled in grades nine through twelve with the
opportunity to participate in a dual enrollment an advanced
standing program. For this purpose, each school district and
chartered nonpublic high school shall offer at least one dual
enrollment advanced standing program in accordance with division
(B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets
the requirements of this division through its mandatory
participation in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code. However, a city, local, or exempted village school district
may offer any other dual enrollment advanced standing program, in
addition to the post-secondary enrollment options college credit
plus program, and each joint vocational school district shall
offer at least one other dual enrollment advanced standing
program, to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(2) A chartered nonpublic high school that elects to
participate in the post-secondary enrollment options college
credit plus program established under Chapter 3365. of the Revised
Code meets the requirements of this division. Each chartered
nonpublic high school that elects not to participate in the
post-secondary enrollment options college credit plus program
instead shall offer at least one other
dual enrollment advanced
standing program to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education.
(C) Each school district and each chartered nonpublic high
school shall provide information about the dual enrollment
advanced standing programs offered by the district or school to
all students enrolled in grades eight through eleven.
(D) No Except for the college credit plus program as
described in division (A)(1) of this section, no city, local,
exempted village, and joint vocational school district shall
charge an enrolled student an additional fee or tuition for
participation in any dual enrollment advanced standing program
offered by the district. Students may be required to pay the costs
associated with taking an advanced placement or international
baccalaureate examination.
(E) Any agreement between a school district or school and an
associated college, as defined in section 3365.10 of the Revised
Code, governing the operation of an early college high school
program shall be subject to the requirements of the college credit
plus program, with the following exceptions:
(1) Any aspect of the agreement that does not relate to the
conferral of transcripted credit, as defined in section 3365.01 of
the Revised Code, shall not be subject to the requirements of the
college credit plus program.
(2) If the early college high school program began operating
prior to July 1, 2014, the agreement shall not be subject to the
requirements of the college credit plus program until the later of
the date on which the existing agreement expires or July 1, 2015.
(3) If the district, school, or associated college obtains a
waiver for the agreement under section 3365.10 of the Revised
Code, the agreement shall not be subject to the requirements of
the college credit plus program.
(4) If the district, school, or associated college operating
the early college high school program was granted an award under
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly
for the 2014-2015 school year, as the lead applicant on the grant
or as part of a consortium, for a project involving the
establishment or expansion of an early college high school, the
agreement shall not be subject to the requirements of the college
credit plus program during the period of time for which the
project is funded by the grant award under that section.
The college credit plus program shall not govern any advanced
placement course or international baccalaureate diploma course as
described under this section.
(F) As used in this section, "early college high school
program" means a program operated by a school district or school
and an associated college, as defined in section 3365.10 of the
Revised Code, that provides a personalized learning plan, which is
based on accelerated curriculum and includes both high school and
college-level coursework, and enables the following students to
earn a high school diploma and an associate degree, or the
equivalent number of transcripted credits, upon successful
completion of the program:
(1) Students who are underrepresented in regard to completing
post-secondary education;
(2) Students who are economically disadvantaged, as defined
by the department of education;
(3) Students whose parents did not earn a college degree.
Sec. 3313.6015. (A)(1) Beginning in the 2014-2015 school
year, the board of education of each city, local, exempted
village, and joint vocational school district shall adopt a policy
on career advising that complies with this section. Thereafter,
the policy shall be updated at least once every two years.
(2) The board shall make the policy publicly available to
students, parents, guardians, or custodians, local post-secondary
institutions, and residents of the district. The district shall
post the policy in a prominent location on its web site, if it has
one.
(B) The policy on career advising shall specify how the
district will do all of the following:
(1) Provide students with grade-level examples that link
their schoolwork to one or more career fields. A district may use
career connections developed under division (B)(2) of section
3301.079 of the Revised Code for this purpose.
(2) Create a plan to provide career advising to students in
grades six through twelve;
(3) Provide additional interventions and career advising for
students who are identified as at risk of dropping out of school
in accordance with division (C) of this section;
(4) Train its employees on how to advise students on career
pathways, including training on advising students using online
tools;
(5) Develop multiple, clear academic pathways through high
school that students may choose in order to earn a high school
diploma;
(6) Identify and publicize courses that can award students
both traditional academic and career-technical credit;
(7) Document the career advising provided to each student for
review by the student, the student's parent, guardian, or
custodian, and future schools that the student may attend. A
district shall not otherwise release this information without the
written consent of the student's parent, guardian, or custodian,
if the student is less than eighteen years old, or the written
consent of the student, if the student is at least eighteen years
old.
(8) Prepare students for their transition from high school to
their post-secondary destinations, including any special
interventions that are necessary for students in need of
remediation in mathematics or English language arts.
(C)(1) Each district shall identify students who are at risk
of dropping out of school using a method that is both
research-based and locally-based. If a student is identified as at
risk of dropping out of school, the district shall develop a
student success plan that addresses the student's academic pathway
to a successful graduation and the role of career-technical
education, competency-based education, and experiential learning,
as appropriate, in that pathway.
(2) Prior to developing a student success plan for a student,
the district shall invite the student's parent, guardian, or
custodian to assist in developing the plan. If the student's
parent, guardian, or custodian does not participate in the
development of the plan, the district shall provide to the parent,
guardian, or custodian a copy of the student's success plan and a
statement of the importance of a high school diploma and the
academic pathways available to the student in order to
successfully graduate.
(3) Following the development of a student success plan for a
student, the district shall provide career advising to the student
that is aligned with the plan and the district's plan to provide
career advising created under division (B)(2) of this section.
(D) Not later than September 30, 2014, the department of
education shall develop and post on its web site model policies on
career advising and model student success plans.
Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,
the department of education shall administer a pilot program
requiring daily physical activity for students. Any school
district; community school established under Chapter 3314. of the
Revised Code; science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code; or
chartered nonpublic school annually may elect to participate in
the pilot program by notifying the department of its interest by a
date established by the department. If a school district elects to
participate in the pilot program, the district shall select one or
more school buildings to participate in the program. To the
maximum extent possible, the department shall seek to include in
the pilot program districts and schools that are located in urban,
suburban, and rural areas distributed geographically throughout
the state. The department shall administer the pilot program in
accordance with this section.
(B) Except as provided in division (C) of this section, each
district or school participating in the pilot program shall
require all students in the school building selected under
division (A) of this section to engage in at least thirty minutes
of moderate to rigorous physical activity each school day or at
least one hundred fifty minutes of moderate to rigorous physical
activity each week, exclusive of recess. Physical activity engaged
in during the following may count toward the daily requirement:
(1) A physical education course;
(2) A program or activity occurring before or after the
regular school day, as defined in section 3313.814 of the Revised
Code, that is sponsored or approved by the school of attendance,
provided school officials are able to monitor students'
participation to ensure compliance with the requirement.
(C) None of the following shall be subject to the requirement
of division (B) of this section:
(1) Any student enrolled in the post-secondary enrollment
options college credit plus program established under Chapter
3365. of the Revised Code;
(2) Any student enrolled in a career-technical education
program operated by the district or school;
(3) Any student enrolled in a dropout prevention and recovery
program operated by the district or school.
(D) For any period in which a student is participating in
interscholastic athletics, marching band, cheerleading, or a
junior reserve officer training corps program, the district or
school may excuse the student from the requirement of division (B)
of this section.
(E) The district or school may excuse any kindergarten
student who is not enrolled in all-day kindergarten, as defined in
section 3321.05 of the Revised Code, from the requirement of
division (B) of this section.
(F) Each district or school annually shall report to the
department, in the manner prescribed by the department, how the
district or school implemented the thirty minutes of daily
physical activity and the financial costs of implementation. The
department shall issue an annual report of the data collected
under this division.
Sec. 3313.90. As used in this section, "formula ADM" has the
same meaning as in section 3317.02 of the Revised Code.
Notwithstanding division (D) of section 3311.19 and division (D)
of section 3311.52 of the Revised Code, the provisions of this
section that apply to a city school district do not apply to any
joint vocational or cooperative education school district.
(A) Each Except as provided in division (B) of this section,
each city, local, and exempted village school district shall, by
one of the following means, provide vocational
to students
enrolled in grades seven through twelve career-technical education
adequate to prepare a pupil student enrolled therein for an
occupation:
(1) Establishing and maintaining a vocational
career-technical education program that meets standards adopted by
the state board of education;
(2) Being a member of a joint vocational school district that
meets standards adopted by the state board;
(3) Contracting for vocational career-technical education
with a joint vocational school district or another school district
that meets the standards adopted by the state board.
The standards of the state board of education shall include
criteria for the participation by nonpublic students in
vocational
career-technical education programs without financial assessment,
charge, or tuition to such student except such assessments,
charges, or tuition paid by resident public school students in
such programs. Such nonpublic school students shall be included in
the formula ADM of the school district maintaining the vocational
career-technical education program as part-time students in
proportion to the time spent in the vocational
career-technical
education program.
By the thirtieth day of October of each year, the
superintendent of public instruction shall determine and certify
to the superintendent of each school district subject to this
section either that the district is in compliance with the
requirements of this section for the current school year or that
the district is not in compliance. If the superintendent certifies
that the district is not in compliance, he shall notify the board
of education of the district of the actions necessary to bring the
district into compliance with this section.
In meeting standards established by the state board of
education, school districts, where practicable, shall provide
vocational career-technical education programs in high schools. A
minimum enrollment of fifteen hundred pupils students in grades
nine through twelve is established as a base for comprehensive
vocational career-technical education course offerings. Beginning
with the 2014-2015 school year, this base shall increase to a
minimum enrollment of two thousand two hundred fifty students in
grades seven through twelve. A school district may meet this
requirement alone, through a cooperative arrangement pursuant to
section 3313.92 of the Revised Code, through school district
consolidation, by membership in a joint vocational school
district, by contract with a school district, by contract with a
school licensed by any state agency established by the Revised
Code which school operates its courses offered for contracting
with public schools under standards as to staffing and facilities
comparable to those prescribed by the state board of education for
public schools provided no instructor in such courses shall be
required to be certificated by the state department of education,
or in a combination of such ways. Exceptions to the minimum
requirement of fifteen hundred pupils enrollment prescribed by
this section may be made by the state board of education based on
sparsity of population or other factors indicating that
comprehensive educational and vocational career-technical
education programs as required by this section can be provided
through an alternate plan.
(B) Approval of state funds for the construction and
operation of vocational facilities in any city, local, or exempted
village school district shall be contingent upon a comprehensive
vocational program plan approved by the state board of education
no later than July 1, 1970. The state board of education shall not
approve a school district plan unless the plan proposed reasonably
meets the vocational needs of other school districts in the
general area of the school districts in the general area of the
school district submitting the plan. The plan shall be submitted
to the state board of education no later than April 1, 1970. Such
plan shall contain:
(1) The organization for vocational education pursuant to the
requirements of this section;
(2) Vocational programs to be offered in the respective
comprehensive high schools, in specialized schools or skill
centers, and in joint vocational schools;
(3) Remodeled, additional, and new vocational facilities
required at the respective locations.
In approving the organization for vocational education the
state board of education shall provide that no city, local, or
exempted village school district is excluded in the statewide plan
For any particular school year, the board of education of a city,
local, or exempted village school district may obtain from the
department a waiver from the requirement to provide
career-technical education to students enrolled in grades seven
and eight by doing both of the following:
(1) Adopting, at a regularly scheduled board meeting, a
resolution to request the waiver;
(2) Submitting a copy of the resolution to the department by
the thirtieth day of September of the school year for which
career-technical education will not be provided to students
enrolled in grades seven and eight.
Sec. 3314.08. (A) As used in this section:
(1)(a) "Category one career-technical education student"
means a student who is receiving the career-technical education
services described in division (A) of section 3317.014 of the
Revised Code.
(b) "Category two career-technical student" means a student
who is receiving the career-technical education services described
in division (B) of section 3317.014 of the Revised Code.
(c) "Category three career-technical student" means a student
who is receiving the career-technical education services described
in division (C) of section 3317.014 of the Revised Code.
(d) "Category four career-technical student" means a student
who is receiving the career-technical education services described
in division (D) of section 3317.014 of the Revised Code.
(e) "Category five career-technical education student" means
a student who is receiving the career-technical education services
described in division (E) of section 3317.014 of the Revised Code.
(2)(a) "Category one limited English proficient student"
means a limited English proficient student described in division
(A) of section 3317.016 of the Revised Code.
(b) "Category two limited English proficient student" means a
limited English proficient student described in division (B) of
section 3317.016 of the Revised Code.
(c) "Category three limited English proficient student" means
a limited English proficient student described in division (C) of
section 3317.016 of the Revised Code.
(3)(a) "Category one special education student" means a
student who is receiving special education services for a
disability specified in division (A) of section 3317.013 of the
Revised Code.
(b) "Category two special education student" means a student
who is receiving special education services for a disability
specified in division (B) of section 3317.013 of the Revised Code.
(c) "Category three special education student" means a
student who is receiving special education services for a
disability specified in division (C) of section 3317.013 of the
Revised Code.
(d) "Category four special education student" means a student
who is receiving special education services for a disability
specified in division (D) of section 3317.013 of the Revised Code.
(e) "Category five special education student" means a student
who is receiving special education services for a disability
specified in division (E) of section 3317.013 of the Revised Code.
(f) "Category six special education student" means a student
who is receiving special education services for a disability
specified in division (F) of section 3317.013 of the Revised Code.
(4) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(5) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(6) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(7) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in each grade kindergarten through twelve in a community
school established under this chapter, and for each child, the
community school in which the child is enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the full-time equivalent number of students enrolled in
kindergarten in the school who are not receiving special education
and related services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the full-time equivalent number of enrolled students in
kindergarten, who are receiving special education and related
services pursuant to an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in career-technical education programs or classes described in
each of divisions (A) to (E) of section 3317.014 of the Revised
Code that are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
career-technical education programs or classes described in each
of divisions (A) to (E) of section 3317.014 of the Revised Code at
a joint vocational school district or another district in the
career-technical planning district to which the school is
assigned;
(f) The number of students reported under divisions (B)(2)(a)
and (b) of this section who are category one to three limited
English proficient students described in each of divisions (A) to
(C) of section 3317.016 of the Revised Code;
(g) The number of students reported under divisions (B)(2)(a)
and (b) who are economically disadvantaged, as defined by the
department. A student shall not be categorically excluded from the
number reported under division (B)(2)(g) of this section based on
anything other than family income.
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code.
A school district board and a community school governing
authority shall include in their respective reports under division
(B) of this section any child admitted in accordance with division
(A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include
in its report under division (B)(2) of this section any student
for whom tuition is charged under division (F) of this section.
(C)(1) Except as provided in division (C)(2) of this section,
and subject to divisions (C)(3), (4), (5), (6), and (7) of this
section, on a full-time equivalency basis, for each student
enrolled in a community school established under this chapter, the
department of education annually shall deduct from the state
education aid of a student's resident district and, if necessary,
from the payment made to the district under sections 321.24 and
323.156 of the Revised Code and pay to the community school the
sum of the following:
(a) An opportunity grant in an amount equal to the formula
amount;
(b) The per pupil amount of targeted assistance funds
calculated under division (A) of section 3317.0217 of the Revised
Code for the student's resident district, as determined by the
department, X 0.25;
(c) Additional state aid for special education and related
services provided under Chapter 3323. of the Revised Code as
follows:
(i) If the student is a category one special education
student, the amount specified in division (A) of section 3317.013
of the Revised Code;
(ii) If the student is a category two special education
student, the amount specified in division (B) of section 3317.013
of the Revised Code;
(iii) If the student is a category three special education
student, the amount specified in division (C) of section 3317.013
of the Revised Code;
(iv) If the student is a category four special education
student, the amount specified in division (D) of section 3317.013
of the Revised Code;
(v) If the student is a category five special education
student, the amount specified in division (E) of section 3317.013
of the Revised Code;
(vi) If the student is a category six special education
student, the amount specified in division (F) of section 3317.013
of the Revised Code.
(d) If the student is in kindergarten through third grade, an
additional amount of $211, in fiscal year 2014, and $290, in
fiscal year 2015;
(e) If the student is economically disadvantaged, an
additional amount equal to the following:
($269, in fiscal year 2014, or $272, in fiscal year 2015) X
(the resident district's economically disadvantaged index)
(f) Limited English proficiency funds as follows:
(i) If the student is a category one limited English
proficient student, the amount specified in division (A) of
section 3317.016 of the Revised Code;
(ii) If the student is a category two limited English
proficient student, the amount specified in division (B) of
section 3317.016 of the Revised Code;
(iii) If the student is a category three limited English
proficient student, the amount specified in division (C) of
section 3317.016 of the Revised Code.
(g) Career-technical education funds as follows:
(i) If the student is a category one career-technical
education student, the amount specified in division (A) of section
3317.014 of the Revised Code;
(ii) If the student is a category two career-technical
education student, the amount specified in division (B) of section
3317.014 of the Revised Code;
(iii) If the student is a category three career-technical
education student, the amount specified in division (C) of section
3317.014 of the Revised Code;
(iv) If the student is a category four career-technical
education student, the amount specified in division (D) of section
3317.014 of the Revised Code;
(v) If the student is a category five career-technical
education student, the amount specified in division (E) of section
3317.014 of the Revised Code.
Deduction and payment of funds under division (C)(1)(g) of
this section is subject to approval by the lead district of a
career-technical planning district or the department of education
under section 3317.161 of the Revised Code.
(2) When deducting from the state education aid of a
student's resident district for students enrolled in an internet-
or computer-based community school and making payments to such
school under this section, the department shall make the
deductions and payments described in only divisions (C)(1)(a),
(c), and (g) of this section.
No deductions or payments shall be made for a student
enrolled in such school under division (C)(1)(b), (d), (e), or (f)
of this section.
(3)(a) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(B) of section 3317.0214 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(b) The community school shall report under division
(C)(3)(a) of this section, and the department shall pay for, only
the costs of educational expenses and the related services
provided to the student in accordance with the student's
individualized education program. Any legal fees, court costs, or
other costs associated with any cause of action relating to the
student may not be included in the amount.
(4) In any fiscal year, a community school receiving funds
under division (C)(1)(g) of this section shall spend those funds
only for the purposes that the department designates as approved
for career-technical education expenses. Career-technical
educational education expenses approved by the department shall
include only expenses connected to the delivery of
career-technical programming to career-technical students. The
department shall require the school to report data annually so
that the department may monitor the school's compliance with the
requirements regarding the manner in which funding received under
division (C)(1)(g) of this section may be spent.
(5) All funds received under division (C)(1)(g) of this
section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be
spent on curriculum development, purchase, and implementation;
instructional resources and supplies; industry-based program
certification; student assessment, credentialing, and placement;
curriculum specific equipment purchases and leases;
career-technical student organization fees and expenses; home and
agency linkages; work-based learning experiences; professional
development; and other costs directly associated with
career-technical education programs including development of new
programs.
(b) Not more than twenty-five per cent of the funds shall be
used for personnel expenditures.
(6) A community school shall spend the funds it receives
under division (C)(1)(e) of this section in accordance with
section 3317.25 of the Revised Code.
(7) If the sum of the payments computed under division (C)(1)
of this section for the students entitled to attend school in a
particular school district under sections 3313.64 and 3313.65 of
the Revised Code exceeds the sum of that district's state
education aid and its payment under sections 321.24 and 323.156 of
the Revised Code, the department shall calculate and apply a
proration factor to the payments to all community schools under
that division for the students entitled to attend school in that
district.
(D) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(E) A community school may not levy taxes or issue bonds
secured by tax revenues.
(F) No community school shall charge tuition for the
enrollment of any student who is a resident of this state. A
community school may charge tuition for the enrollment of any
student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (C) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(H) The department of education shall adjust the amounts
subtracted and paid under division (C) of this section to reflect
any enrollment of students in community schools for less than the
equivalent of a full school year. The state board of education
within ninety days after April 8, 2003, shall adopt in accordance
with Chapter 119. of the Revised Code rules governing the payments
to community schools under this section including initial payments
in a school year and adjustments and reductions made in subsequent
periodic payments to community schools and corresponding
deductions from school district accounts as provided under
division (C) of this section. For purposes of this section:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school for the period of time beginning on the later of
the date on which the school both has received documentation of
the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on
which the student is entered into the education management
information system established under section 3301.0714 of the
Revised Code. For purposes of applying this division and divisions
(H)(3) and (4) of this section to a community school student,
"learning opportunities" shall be defined in the contract, which
shall describe both classroom-based and non-classroom-based
learning opportunities and shall be in compliance with criteria
and documentation requirements for student participation which
shall be established by the department. Any student's instruction
time in non-classroom-based learning opportunities shall be
certified by an employee of the community school. A student's
enrollment shall be considered to cease on the date on which any
of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Except as otherwise specified in this paragraph, beginning in
the 2011-2012 school year, any student who completed the prior
school year in an internet- or computer-based community school
shall be considered to be enrolled in the same school in the
subsequent school year until the student's enrollment has ceased
as specified in division (H)(2) of this section. The department
shall continue subtracting and paying amounts for the student
under division (C) of this section without interruption at the
start of the subsequent school year. However, if the student
without a legitimate excuse fails to participate in the first one
hundred five consecutive hours of learning opportunities offered
to the student in that subsequent school year, the student shall
be considered not to have re-enrolled in the school for that
school year and the department shall recalculate the payments to
the school for that school year to account for the fact that the
student is not enrolled.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (H)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to disease epidemic, hazardous weather conditions,
law enforcement emergencies, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use, so
long as the school was actually open for instruction with students
in attendance during that school year for not less than the
minimum number of hours required by this chapter. The department
shall treat the school as if it were open for instruction with
students in attendance during the hours or days waived under this
division.
(I) The department of education shall reduce the amounts paid
under this section to reflect payments made to colleges under
division (B) of section 3365.07 of the Revised Code or through
alternative funding agreements entered into under rules adopted
under section 3365.12 of the Revised Code.
(J)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (C) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(K)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(L) The department shall not subtract from a school
district's state aid account and shall not pay to a community
school under division (C) of this section any amount for any of
the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account and shall not
pay to a community school under division (C) of this section any
amount for that veteran.
Sec. 3317.03. (A) The superintendent of each city, local,
and exempted village school district shall report to the state
board of education as of the last day of October, March, and June
of each year the enrollment of students receiving services from
schools under the superintendent's supervision, and the numbers of
other students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code the superintendent
is required to report under this section, so that the department
of education can calculate the district's formula ADM, total ADM,
category one through five career-technical education ADM, category
one through three limited English proficient ADM, category one
through six special education ADM, preschool scholarship ADM,
transportation ADM, and, for purposes of provisions of law outside
of Chapter 3317. of the Revised Code, average daily membership.
(1) The enrollment reported by the superintendent during the
reporting period shall consist of the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
When reporting students under division (A)(1) of this
section, the superintendent also shall report the district where
each student is entitled to attend school pursuant to sections
3313.64 and 3313.65 of the Revised Code.
(2) The department of education shall compile a list of all
students reported to be enrolled in a district under division
(A)(1) of this section and of the students entitled to attend
school in the district pursuant to section 3313.64 or 3313.65 of
the Revised Code on an FTE basis but receiving educational
services in grades kindergarten through twelve from one or more of
the following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or, a
science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code, if the students
qualified for the scholarship under section 3310.03 of the Revised
Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code, including any participation in
a college pursuant to Chapter 3365. of the Revised Code while
enrolled in the school.
(3) The department also shall compile a list of the students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code who are enrolled in a joint vocational
school district or under a career-technical education compact,
excluding any students so entitled to attend school in the
district who are enrolled in another school district through an
open enrollment policy as reported under division (A)(2)(d) of
this section and then enroll in a joint vocational school district
or under a career-technical education compact.
The department shall provide each city, local, and exempted
village school district with an opportunity to review the list of
students compiled under divisions (A)(2) and (3) of this section
to ensure that the students reported accurately reflect the
enrollment of students in the district.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the reports
provided by the department under division (A) of this section all
of the following:
(1) The total student enrollment in regular learning day
classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The unduplicated count of the number of preschool
children with disabilities enrolled in the district for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, in accordance with the disability categories
prescribed in section 3317.013 of the Revised Code;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. of
the Revised Code or, a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code and who
qualified for the scholarship under section 3310.03 of the Revised
Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, including any
participation in a college pursuant to Chapter 3365. of the
Revised Code while enrolled in the school;
(l) Enrolled in an alternative public provider or a
registered private provider with a scholarship awarded under
sections 3310.51 to 3310.64 of the Revised Code.
(4) The total enrollment of pupils in joint vocational
schools;
(5) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category one disability
described in division (A) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(6) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category two disabilities described
in division (B) of section 3317.013 of the Revised Code, including
children attending a special education program operated by an
alternative public provider or a registered private provider with
a scholarship awarded under sections 3310.51 to 3310.64 of the
Revised Code;
(7) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category three disabilities
described in division (C) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(8) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for category four disabilities
described in division (D) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(9) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) of this section receiving
special education services for the category five disabilities
described in division (E) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(10) The combined enrollment of children with disabilities
reported under division (A)(1) or (2) and under division (B)(3)(h)
of this section receiving special education services for category
six disabilities described in division (F) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under either section
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category one career-technical education programs or classes,
described in division (A) of section 3317.014 of the Revised Code,
operated by the school district or by another district that is a
member of the district's career-technical planning district, other
than a joint vocational school district, or by an educational
service center, notwithstanding division (H) of section 3317.02 of
the Revised Code and division (C)(3) of this section;
(12) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category two career-technical education programs or services,
described in division (B) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(13) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category three career-technical education programs or services,
described in division (C) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(14) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category four career-technical education programs or services,
described in division (D) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(15) The enrollment of pupils reported under division (A)(1)
or (2) of this section on a full-time equivalency basis in
category five career-technical education programs or services,
described in division (E) of section 3317.014 of the Revised Code,
operated by the school district or another school district that is
a member of the district's career-technical planning district,
other than a joint vocational school district, or by an
educational service center, notwithstanding division (H) of
section 3317.02 of the Revised Code and division (C)(3) of this
section;
(16) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (A) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(17) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (B) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(18) The enrollment of pupils reported under division (A)(1)
or (2) of this section who are limited English proficient students
described in division (C) of section 3317.016 of the Revised Code,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school;
(19) The average number of children transported during the
reporting period by the school district on board-owned or
contractor-owned and -operated buses, reported in accordance with
rules adopted by the department of education;
(20)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998. Division (B)(20)(a) of this section does not
apply after fiscal year 2013.
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division (B)
of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code.
(21) The enrollment of students who are economically
disadvantaged, as defined by the department, excluding any student
reported under division (B)(3)(e) of this section as enrolled in
an internet- or computer-based community school. A student shall
not be categorically excluded from the number reported under
division (B)(21) of this section based on anything other than
family income.
(C)(1) The state board of education shall adopt rules
necessary for implementing divisions (A), (B), and (D) of this
section.
(2) A student enrolled in a community school established
under Chapter 3314., a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school,
the science, technology, engineering, and mathematics school, or
the college-preparatory boarding school for purposes of section
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding
the enrollment of students certified pursuant to division
(B)(3)(d), (e), (j), or (k) of this section, the department may
adjust the formula ADM of a school district to account for
students entitled to attend school in the district under section
3313.64 or 3313.65 of the Revised Code who are enrolled in a
community school, a science, technology, engineering, and
mathematics school, or a college-preparatory boarding school for
only a portion of the school year.
(3) No child shall be counted as more than a total of one
child in the sum of the enrollment of students of a school
district under division (A), divisions (B)(1) to (22), or division
(D) of this section, except as follows:
(a) A child with a disability described in section 3317.013
of the Revised Code may be counted both in formula ADM and in
category one, two, three, four, five, or six special education ADM
and, if applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (H) of
section 3317.02 of the Revised Code, such a child shall be counted
in category one, two, three, four, five, or six special education
ADM in the same proportion that the child is counted in formula
ADM.
(b) A child enrolled in career-technical education programs
or classes described in section 3317.014 of the Revised Code may
be counted both in formula ADM and category one, two, three, four,
or five career-technical education ADM and, if applicable, in
category one, two, three, four, five, or six special education
ADM. Such a child shall be counted in category one, two, three,
four, or five career-technical education ADM in the same
proportion as the percentage of time that the child spends in the
career-technical education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall report and certify to the superintendent of public
instruction as of the last day of October, March, and June of each
year the enrollment of students receiving services from schools
under the superintendent's supervision so that the department can
calculate the district's formula ADM, total ADM, category one
through five career-technical education ADM, category one through
three limited English proficient ADM, category one through six
special education ADM, and for purposes of provisions of law
outside of Chapter 3317. of the Revised Code, average daily
membership.
The enrollment reported and certified by the superintendent,
except as otherwise provided in this division, shall consist of
the the number of students in grades six through twelve receiving
any educational services from the district, except that the
following categories of students shall not be included in the
determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, each superintendent shall certify from the report
provided under division (D)(1) of this section the enrollment for
each of the following categories of students:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one career-technical
education services, described in division (A) of section 3317.014
of the Revised Code;
(i) Students receiving category two career-technical
education services, described in division (B) of section 3317.014
of the Revised Code;
(j) Students receiving category three career-technical
education services, described in division (C) of section 3317.014
of the Revised Code;
(k) Students receiving category four career-technical
education services, described in division (D) of section 3317.014
of the Revised Code;
(l) Students receiving category five career-technical
education services, described in division (E) of section 3317.014
of the Revised Code;
(m) Limited English proficient students described in division
(A) of section 3317.016 of the Revised Code;
(n) Limited English proficient students described in division
(B) of section 3317.016 of the Revised Code;
(o) Limited English proficient students described in division
(C) of section 3317.016 of the Revised Code;
(p) Students who are economically disadvantaged, as defined
by the department. A student shall not be categorically excluded
from the number reported under division (D)(2)(p) of this section
based on anything other than family income.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school enrollment, which record
shall accurately show, for each day the school is in session, the
actual enrollment in regular day classes. For the purpose of
determining the enrollment of students, the enrollment figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
enrollment for each school shall be maintained in such manner that
no pupil shall be counted as enrolled prior to the actual date of
entry in the school and also in such manner that where for any
cause a pupil permanently withdraws from the school that pupil
shall not be counted as enrolled from and after the date of such
withdrawal. There shall not be included in the enrollment of any
school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge;
(5) Any pupil who has a high school equivalence diploma as
defined in section 5107.40 of the Revised Code.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in the enrollment of
students determined under this section.
Notwithstanding division (E)(3) of this section, the
enrollment of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
The formula ADM, total ADM, category one through five
career-technical education ADM, category one through three limited
English proficient ADM, category one through six special education
ADM, preschool scholarship ADM, transportation ADM, and, for
purposes of provisions of law outside of Chapter 3317. of the
Revised Code, average daily membership of any school district
shall be determined in accordance with rules adopted by the state
board of education.
(F)(1) If a student attending a community school under
Chapter 3314., a science, technology, engineering, and mathematics
school established under Chapter 3326., or a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code is not included in the formula ADM calculated for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(2) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
(3) If a student awarded a scholarship under the Jon Peterson
special needs scholarship program is not included in the formula
ADM of the school district from which the department deducts funds
for the scholarship under section 3310.55 of the Revised Code, the
department shall adjust the formula ADM of that school district to
include the student to the extent necessary to account for the
deduction, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The unduplicated count of the number of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (A) to (F) of section 3317.013
of the Revised Code adjusted for the portion of the year each
child is so enrolled;
(ii) The unduplicated count of the number of all preschool
children with disabilities in classes or programs for whom the
district is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code.
(b) The superintendent of an institution with
career-technical education units approved under section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the
enrollment in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or provides services to preschool children with disabilities
pursuant to an agreement between the DD board and the appropriate
school district shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the enrollment in classes under section 3317.20 of the
Revised Code for each school district that has placed children in
the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which the DD
board is eligible to receive funding under section 3317.0213 of
the Revised Code adjusted for the portion of the year each child
is so enrolled, reported according to the categories prescribed in
section 3317.013 of the Revised Code, and the number of those
classes.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's enrollment shall not be included in
that district's enrollment figure used in calculating the
district's payments under this chapter. The reporting official
shall report separately the enrollment of all pupils whose
attendance in the district is unauthorized attendance, and the
enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its enrollment.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in its enrollment:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend an
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable enrollments for all students in the
cooperative education district, also indicating the city, local,
or exempted village district where each pupil is entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the enrollment certified or reported by a
district superintendent, or other reporting entity, is not
correct, the superintendent of public instruction may order that
the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A)(3) of this section. The state board, on a case-by-case basis,
may extend the license's duration as necessary to enable the
license holder to complete the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories, types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section. The rules shall also include the
reasons for which a resident educator license may be renewed under
division (A)(1)(a) of this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program or be a participant in the teach for America
program and meet the qualifications required under section
3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
(D) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E) Any rules the state board of education adopts, amends, or
rescinds for educator licenses under this section, division (D) of
section 3301.07 of the Revised Code, or any other law shall be
adopted, amended, or rescinded under Chapter 119. of the Revised
Code except as follows:
(1) Notwithstanding division (D) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, in the case
of the adoption of any rule or the amendment or rescission of any
rule that necessitates institutions' offering preparation programs
for educators and other school personnel that are approved by the
chancellor of the Ohio board of regents under section 3333.048 of
the Revised Code to revise the curriculum of those programs, the
effective date shall not be as prescribed in division (D) of
section 119.03 and division (A)(1) of section 119.04 of the
Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date
prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind
emergency rules in division (F) of section 119.03 of the Revised
Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses.
(F)(1) The rules adopted under this section establishing
standards requiring additional coursework for the renewal of any
educator license shall require a school district and a chartered
nonpublic school to establish local professional development
committees. In a nonpublic school, the chief administrative
officer shall establish the committees in any manner acceptable to
such officer. The committees established under this division shall
determine whether coursework that a district or chartered
nonpublic school teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules shall establish a
procedure by which a teacher may appeal the decision of a local
professional development committee.
(2) In any school district in which there is no exclusive
representative established under Chapter 4117. of the Revised
Code, the professional development committees shall be established
as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under
this section, the board of education of each school district shall
establish the structure for one or more local professional
development committees to be operated by such school district. The
committee structure so established by a district board shall
remain in effect unless within thirty days prior to an anniversary
of the date upon which the current committee structure was
established, the board provides notice to all affected district
employees that the committee structure is to be modified.
Professional development committees may have a district-level or
building-level scope of operations, and may be established with
regard to particular grade or age levels for which an educator
license is designated.
Each professional development committee shall consist of at
least three classroom teachers employed by the district, one
principal employed by the district, and one other employee of the
district appointed by the district superintendent. For committees
with a building-level scope, the teacher and principal members
shall be assigned to that building, and the teacher members shall
be elected by majority vote of the classroom teachers assigned to
that building. For committees with a district-level scope, the
teacher members shall be elected by majority vote of the classroom
teachers of the district, and the principal member shall be
elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district,
in which case the one or two principals employed shall serve on
the committee. If a committee has a particular grade or age level
scope, the teacher members shall be licensed to teach such grade
or age levels, and shall be elected by majority vote of the
classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development committee, except in the case of vacancies among the
elected classroom teacher members, which shall be filled by vote
of the remaining members of the committee so selected.
Terms of office on professional development committees shall
be prescribed by the district board establishing the committees.
The conduct of elections for members of professional development
committees shall be prescribed by the district board establishing
the committees. A professional development committee may include
additional members, except that the majority of members on each
such committee shall be classroom teachers employed by the
district. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election and appointment of all committee members,
shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall
select a chairperson and such other officers the committee deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon the filing of a petition with the district
superintendent signed by a majority of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has been established pursuant to Chapter 4117. of
the Revised Code, professional development committees shall be
established in accordance with any collective bargaining agreement
in effect in the district that includes provisions for such
committees.
If the collective bargaining agreement does not specify a
different method for the selection of teacher members of the
committees, the exclusive representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure for the committees, the board of education of
the school district shall establish the structure, including the
number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to
be part of each committee; whether the scope of the committees
will be district levels, building levels, or by type of grade or
age levels for which educator licenses are designated; the lengths
of terms for members; the manner of filling vacancies on the
committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(4) of
this section, there shall be a majority of teacher members of any
professional development committee, there shall be at least five
total members of any professional development committee, and the
exclusive representative shall designate replacement members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such replacements.
(4) Whenever an administrator's coursework plan is being
discussed or voted upon, the local professional development
committee shall, at the request of one of its administrative
members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members
voting on the plan.
(G)(1) The department of education, educational service
centers, county boards of developmental disabilities, regional
professional development centers, special education regional
resource centers, college and university departments of education,
head start programs, and the Ohio education computer network may
establish local professional development committees to determine
whether the coursework proposed by their employees who are
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009, meet the requirements of the
rules adopted under this section. They may establish local
professional development committees on their own or in
collaboration with a school district or other agency having
authority to establish them.
Local professional development committees established by
county boards of developmental disabilities shall be structured in
a manner comparable to the structures prescribed for school
districts in divisions (F)(2) and (3) of this section, as shall
the committees established by any other entity specified in
division (G)(1) of this section that provides educational services
by employing or contracting for services of classroom teachers
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009. All other entities specified
in division (G)(1) of this section shall structure their
committees in accordance with guidelines which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(G)(1) of this section but provides educational services and
employs or contracts for services of classroom teachers licensed
or certificated under this section or section 3319.222 of the
Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, may establish a local
professional development committee, subject to the approval of the
department of education. The committee shall be structured in
accordance with guidelines issued by the state board.
Sec. 3319.26. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining an
alternative resident educator license for teaching in grades
kindergarten to twelve, or the equivalent, in a designated subject
area or in the area of intervention specialist, as defined by rule
of the state board. The rules shall also include the reasons for
which an alternative resident educator license may be renewed
under division (D) of this section.
(B) The superintendent of public instruction and the
chancellor of the Ohio board of regents jointly shall develop an
intensive pedagogical training institute to provide instruction in
the principles and practices of teaching for individuals seeking
an alternative resident educator license. The instruction shall
cover such topics as student development and learning, pupil
assessment procedures, curriculum development, classroom
management, and teaching methodology.
(C) The rules adopted under this section shall require
applicants for the alternative resident educator license to
satisfy the following conditions prior to issuance of the license,
but they shall not require applicants to have completed a major in
the subject area for which application is being made:
(1) Hold a minimum of a baccalaureate degree;
(2) Successfully complete the pedagogical training institute
described in division (B) of this section or a summer training
institute provided to participants of a teacher preparation
program that is operated by a nonprofit organization and has been
approved by the chancellor. The chancellor shall approve any such
program that requires participants to hold a bachelor's degree;
have a cumulative undergraduate grade point average of at least
2.5 out of 4.0, or its equivalent; and successfully complete the
program's summer training institute.
(3) Pass an examination in the subject area for which
application is being made.
(D) An alternative resident educator license shall be valid
for four years, except that the and shall be renewable for reasons
specified by rules adopted by the state board pursuant to division
(A) of this section. The state board, on a case-by-case basis, may
extend the license's duration as necessary to enable the license
holder to complete the Ohio teacher residency program established
under section 3319.223 of the Revised Code.
(E) The rules shall require the holder of an alternative
resident educator license, as a condition of continuing to hold
the license, to do all of the following:
(1) Participate in the Ohio teacher residency program;
(2) Show satisfactory progress in taking and successfully
completing one of the following:
(a) At least twelve additional semester hours, or the
equivalent, of college coursework in the principles and practices
of teaching in such topics as student development and learning,
pupil assessment procedures, curriculum development, classroom
management, and teaching methodology;
(b) Professional development provided by a teacher
preparation program that has been approved by the chancellor under
division (C)(2) of this section.
(3) Take an assessment of professional knowledge in the
second year of teaching under the license.
(F) The rules shall provide for the granting of a
professional educator license to a holder of an alternative
resident educator license upon successfully completing all of the
following:
(1) Four years of teaching under the alternative license;
(2) The additional college coursework or professional
development described in division (E)(2) of this section;
(3) The assessment of professional knowledge described in
division (E)(3) of this section. The standards for successfully
completing this assessment and the manner of conducting the
assessment shall be the same as for any other individual who is
required to take the assessment pursuant to rules adopted by the
state board under section 3319.22 of the Revised Code.
(4) The Ohio teacher residency program;
(5) All other requirements for a professional educator
license adopted by the state board under section 3319.22 of the
Revised Code.
(G) A person who is assigned to teach in this state as a
participant in the teach for America program or who has completed
two years of teaching in another state as a participant in that
program shall be eligible for a license only under section
3319.227 of the Revised Code and shall not be eligible for a
license under this section.
Sec. 3321.03. As used in this section and section 3321.04 of
the Revised Code, "special education program" means a school or
the educational agency that provides special education and related
services to children with disabilities in accordance with Chapter
3323. of the Revised Code.
Except as provided in this section, the parent of a child of
compulsory school age shall cause such child to attend a school in
the school district in which the child is entitled to attend
school under division (B) or (F) of section 3313.64 or section
3313.65 of the Revised Code, to participate in a special education
program under Chapter 3323. of the Revised Code, or to otherwise
cause the child to be instructed in accordance with law. Every
child of compulsory school age shall attend a school or
participate in a special education program that conforms to the
minimum standards prescribed by the state board of education until
the child:
(A) Receives a diploma granted by the board of education or
other governing authority, successfully completes the curriculum
of any high school, or successfully completes the individualized
education program developed for the student by any high school
pursuant to Chapter 3323. of the Revised Code;
(B) Receives an age and schooling certificate as provided in
section 3331.01 of the Revised Code; or
(C) Is excused from school under standards adopted by the
state board of education pursuant to section 3321.04 of the
Revised Code, or if in need of special education, the child is
excused from such programs pursuant to section 3321.04 of the
Revised Code.
For purposes of this section, a child who is attending an
alternative education program that is specified in the child's
student success plan developed under division (C)(1) of section
3313.6015 of the Revised Code shall be considered to be attending
school in compliance with this section.
Sec. 3321.04. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or cooperative
education school district or its superintendent.
Every parent of any child of compulsory school age who is not
employed under an age and schooling certificate must shall send
such the child to a school or a special education program that
conforms to the minimum standards prescribed by the state board of
education, for the full time the school or program attended is in
session, which shall not be for less than thirty-two weeks per
school year. Such attendance must begin within the first week of
the school term or program or within one week of the date on which
the child begins to reside in the district or within one week
after the child's withdrawal from employment.
For the purpose of operating a school or program on a
trimester plan, "full time the school attended is in session," as
used in this section means the two trimesters to which the child
is assigned by the board of education. For the purpose of
operating a school or program on a quarterly plan, "full time the
school attended is in session," as used in this section, means the
three quarters to which the child is assigned by the board of
education. For the purpose of operating a school or program on a
pentamester plan, "full time the school is in session," as used in
this section, means the four pentamesters to which the child is
assigned by the board of education.
Excuses from future attendance at or past absence from school
or a special education program may be granted for the causes, by
the authorities, and under the following conditions:
(A) The superintendent of the school district in which the
child resides may excuse the child from attendance for any part of
the remainder of the current school year upon satisfactory showing
of either of the following facts:
(1) That the child's bodily or mental condition does not
permit attendance at school or a special education program during
such period; this fact is certified in writing by a licensed
physician or, in the case of a mental condition, by a licensed
physician, a licensed psychologist, licensed school psychologist
or a certificated school psychologist; and provision is made for
appropriate instruction of the child, in accordance with Chapter
3323. of the Revised Code;
(2) That the child is being instructed at home by a person
qualified to teach the branches in which instruction is required,
and such additional branches, as the advancement and needs of the
child may, in the opinion of such superintendent, require. In each
such case the issuing superintendent shall file in the
superintendent's office, with a copy of the excuse, papers showing
how the inability of the child to attend school or a special
education program or the qualifications of the person instructing
the child at home were determined. All such excuses shall become
void and subject to recall upon the removal of the disability of
the child or the cessation of proper home instruction; and
thereupon the child or the child's parents may be proceeded
against after due notice whether such excuse be recalled or not.
(B) The state board of education may adopt rules authorizing
the superintendent of schools of the district in which the child
resides to excuse a child over fourteen years of age from
attendance for a future limited period of time for the purpose of
performing necessary work directly and exclusively for the child's
parents or legal guardians.
All excuses provided for in divisions (A) and (B) of this
section shall be in writing and shall show the reason for excusing
the child. A copy thereof shall be sent to the person in charge of
the child.
(C) The board of education of the school district or the
governing authorities of a private or parochial school may in the
rules governing the discipline in such schools, prescribe the
authority by which and the manner in which any child may be
excused for absence from such school for good and sufficient
reasons.
The state board of education may by rule prescribe conditions
governing the issuance of excuses, which shall be binding upon the
authorities empowered to issue them.
Sec. 3321.07. If any child attends upon receives instruction
elsewhere than in a public school such instruction shall be in a
school which conforms to the minimum standards prescribed by the
state board of education. The hours and term of attendance exacted
of that school shall be equivalent to the hours and term of
attendance required of children in the public schools of the
district. This section does not require a child to attend a high
school instead of a
vocational career-technical, commercial, or
other special type of school, provided the successful completion
of instruction therein is for a term and for hours equivalent to
those of the high school, and provided his attendance at such
school will not interfere with a continuous program of education
for the child to the age of sixteen will result in the child
receiving a high school diploma, an industry-recognized
credential, or a journeyman certification as recognized by the
United States department of labor.
Sec. 3321.08. Every child who has been granted an age and
schooling certificate shall, until the age at which such
certificate is no longer required, attend a part-time school or
class for the number of hours not over eight per week that such
school or class is in session,. Such an education program may be
provided by the board of education of the school district in which
the child resides or is employed has made such school or class
available. Such attendance Attendance shall be for the full term
such school or class is in session, and shall begin with the first
week of the school term or within one week after issuance of the
age and schooling certificate. This section does not apply to
children who are employed under vacation and part-time
certificates only. The superintendent of schools may excuse a
child from such attendance for one of the reasons provided in
section 3321.10 of the Revised Code. A For purposes of this
section, a part-time school or class is one which shall offer, to
those minors who have entered industry, instruction supplemental
to their daily occupations or which will increase their civic and
vocational competence or both and which are taught between the
hours of seven in the morning and six in the afternoon of any day
except a legal holiday, Saturday, or Sunday, or between the hours
of seven in the morning and twelve noon of Saturday and which
grants a high school diploma to the child upon the child's
successful completion of a course of instruction.
Sec. 3321.09. Attendance at a part-time school or class, as
defined in section 3321.08 of the Revised Code, provided by an
employer, by a partnership, corporation, or individual, by a
private or parochial school, by a college, or by a philanthropic
or similar agency shall serve in lieu of attendance at a part-time
school or class provided by a board of education in case the given
school or class is conducted for substantially a term and hours
equivalent to those of the part-time schools or classes provided
by the local board, and in case if the school or class is approved
by the state board of education. When such school or class is
conducted within or in connection with the establishment in which
the child is working, the obligation of attendance at part-time
school or class indicated in section 3321.08 of the Revised Code,
shall apply to the children holding age and schooling certificates
who are employed in the given establishment regardless of the
accessibility of public part-time schools or classes.
Sec. 3324.07. (A) The board of education of each school
district shall develop a plan for the service of gifted students
enrolled in the district that are identified under section 3324.03
of the Revised Code. Services specified in the plan developed by
each board may include such options as the following:
(1) A differentiated curriculum;
(4) Accelerated course work;
(5) The post-secondary enrollment option college credit plus
program under Chapter 3365. of the Revised Code;
(9) Self-contained classrooms;
(11) Other options identified in rules adopted by the
department of education.
(B) Each board shall file the plan developed under division
(A) of this section with the department of education by December
15, 2000. The department shall review and analyze each plan to
determine if it is adequate and to make funding estimates.
(C) Unless otherwise required by law, rule, or as a condition
for receipt of funds, school boards may implement the plans
developed under division (A) of this section, but shall not be
required to do so until further action by the general assembly or
the state superintendent of public instruction.
Sec. 3326.36. The department of education shall reduce the
amounts paid to a science, technology, engineering, and
mathematics school under section 3326.33 of the Revised Code to
reflect payments made to colleges under division (B) of section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code. A student shall be considered enrolled in the
school for any portion of the school year the student is attending
a college under Chapter 3365. of the Revised Code.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter
3365. of the Revised Code as if the school were a school district
and the school's board of trustees were a district board of
education.
Sec. 3331.04. Whenever an age and schooling certificate is
applied for by a child over sixteen years of age who is unable to
pass a test for the completion of the work of the seventh grade
and who is not so below the normal in mental development that the
child cannot profit from further schooling participating in a
program that, upon successful completion of instruction, will
result in the child receiving an industry-recognized credential, a
journeyman certification as recognized by the United States
department of labor, or full-time employment, an age and schooling
certificate may be issued by the superintendent of schools to such
child upon proof acceptable to such superintendent of the
following facts and upon agreement to the respective conditions
made in writing by the child and by the parents, guardian, or
custodian in charge of such child:
(A) That the child is addicted to no habit which is likely to
detract from the child's reliability or effectiveness as a worker,
or proper use of the child's earnings or leisure, or the
probability of the child's faithfully carrying out the conditions
to which the child agrees as specified in division (B) of this
section, and in addition any one of the following groups of facts:
(1) That the child has been a resident of the school district
for the last two years, has diligently attended upon instruction
at school for the last two years, and is able to read, write, and
perform the fundamental operations of arithmetic. These abilities
shall be judged by the superintendent.
(2) That the child having been a resident of the school
district less than two years, diligently attended upon instruction
in school in the district in which the child was a resident next
preceding the child's residence in the present district for the
last school year preceding the child's
removal to residence in the
present district, and has diligently attended upon instruction in
the schools of the present district for the period that the child
has been a resident thereof;
(3) That the child has removed to resided in the present
school district since the beginning of the last annual school
session, and that instruction adapted to the child's needs is not
provided in the regular day schools in the district;
(4) That the child is not sufficiently familiar with the
English language to be properly instructed in the full-time day
schools of the district;
(5) That conditions are such that the child must provide for
the child's own support or the support of the child's own child or
that the child is needed for the support or care of parents or for
the support or care of brothers or sisters for whom the parents
are unable to provide and that the child is desirous of working
for the support or care of self or of the child's own child or of
such parents or siblings and that such child cannot render such
needed support or care by a reasonable effort outside of school
hours; but no age and schooling certificate shall be granted to a
child of this group upon proof of such facts without written
consent given to the superintendent by the juvenile judge and by
the department of job and family services.
(B)(1) In case the certificate is granted under division
(A)(1), (2), (3), or (5) of this section, that until reaching the
age of eighteen years the child will diligently attend in addition
to part-time classes, such evening classes as will add to the
child's education for literacy, citizenship, or vocational
preparation which may be made available to the child in the school
district and which the child may be directed to attend by the
superintendent, or in case no such classes are available, that the
child will pursue such reading and study and report monthly
thereon as may be directed by the superintendent;
(2) In case the certificate is granted under division (A)(4)
of this section, that until the age of eighteen years the child
will attend in addition to part-time classes, such evening classes
as will assist the child to learn the English language or advance
in Americanization which may be made available to the child in the
school district and which the child may be directed to attend by
the superintendent.
Sec. 3333.041. (A) On or before the last day of December of
each year, the chancellor of the Ohio board of regents shall
submit to the governor and, in accordance with section 101.68 of
the Revised Code, the general assembly a report or reports
concerning all of the following:
(1) The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution
of higher education and the percentage of each district's
graduates enrolled in a state institution of higher education
during the reporting period who were required during such period
by the college or university, as a prerequisite to enrolling in
those courses generally required for first-year students, to
enroll in a remedial course in English, including composition or
reading, mathematics, and any other area designated by the
chancellor. The chancellor also shall make the information
described in division (A)(1) of this section available to the
board of education of each city, exempted village, and local
school district.
Each state institution of higher education shall, by the
first day of November of each year, submit to the chancellor in
the form specified by the chancellor the information the
chancellor requires to compile the report.
(2) Aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised
Code or the alternative student academic progress measure if
adopted under division (C)(1)(e) of section 3302.03 of the Revised
Code. The chancellor shall aggregate the data by graduating class
for each approved teacher preparation program, except that if a
particular class has ten or fewer graduates to which this section
applies, the chancellor shall report the data for a group of
classes over a three-year period. In no case shall the report
identify any individual graduate. The department of education
shall share any data necessary for the report with the chancellor.
(3) The following information with respect to the Ohio
tuition trust authority:
(a) The name of each investment manager that is a minority
business enterprise or a women's business enterprise with which
the chancellor contracts;
(b) The amount of assets managed by investment managers that
are minority business enterprises or women's business enterprises,
expressed as a percentage of assets managed by investment managers
with which the chancellor has contracted;
(c) Efforts by the chancellor to increase utilization of
investment managers that are minority business enterprises or
women's business enterprises.
(4) A description of dual enrollment advanced standing
programs, as defined in section 3313.6013 of the Revised Code,
that are offered by school districts, community schools
established under Chapter 3314. of the Revised Code, STEM schools
established under Chapter 3326. of the Revised Code,
college-preparatory boarding schools established under Chapter
3328. of the Revised Code, and chartered nonpublic high schools.
The chancellor also shall post the information on the chancellor's
web site.
(5) The chancellor's strategy in assigning choose Ohio first
scholarships, as established under section 3333.61 of the Revised
Code, among state universities and colleges and how the actual
awards fit that strategy.
(6) The academic and economic impact of the Ohio
co-op/internship program established under section 3333.72 of the
Revised Code. At a minimum, the report shall include the
following:
(a) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(c) The chancellor's strategy in allocating awards among
state institutions of higher education and how the actual awards
fit that strategy.
(B) As used in this section:
(1) "Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.
(2) "State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.
(3) "State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(4) "Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint
venture of any kind, that is owned and controlled by women who are
United States citizens and residents of this state.
Sec. 3333.35. The state board of education and the
chancellor of the Ohio board of regents shall strive to reduce
unnecessary student remediation costs incurred by colleges and
universities in this state, increase overall access for students
to higher education, enhance the
post-secondary enrollment options
college credit plus program in accordance with Chapter 3365. of
the Revised Code, and enhance the alternative resident educator
licensure program in accordance with section 3319.26 of the
Revised Code.
Sec. 3333.43. This section does not apply to any
baccalaureate degree program that is a cooperative education
program, as defined in section 3333.71 of the Revised Code.
(A) The chancellor of the Ohio board of regents shall require
all state institutions of higher education that offer
baccalaureate degrees, as a condition of reauthorization for
certification of each baccalaureate program offered by the
institution, to submit a statement describing how each major for
which the school offers a baccalaureate degree may be completed
within three academic years. The chronology of the statement shall
begin with the fall semester of a student's first year of the
baccalaureate program.
(B) The statement required under this section may include,
but not be limited to, any of the following methods to contribute
to earning a baccalaureate degree in three years:
(1) Advanced placement credit;
(2) International baccalaureate program credit;
(3) A waiver of degree and credit-hour requirements by
completion of courses that are widely available at community
colleges in the state or through online programs offered by state
institutions of higher education or private nonprofit institutions
of higher education holding certificates of authorization under
Chapter 1713. of the Revised Code, and through courses taken by
the student through the post-secondary enrollment options college
credit plus program under Chapter 3365. of the Revised Code;
(4) Completion of coursework during summer sessions;
(5) A waiver of foreign-language degree requirements based on
a proficiency examination specified by the institution.
(C)(1) Not later than October 15, 2012, each state
institution of higher education shall provide statements required
under this section for ten per cent of all baccalaureate degree
programs offered by the institution.
(2) Not later than June 30, 2014, each state institution of
higher education shall provide statements required under this
section for sixty per cent of all baccalaureate degree programs
offered by the institution.
(D) Each state institution of higher education required to
submit statements under this section shall post its three-year
option on its web site and also provide that information to the
department of education. The department shall distribute that
information to the superintendent, high school principal, and
guidance counselor, or equivalents, of each school district,
community school established under Chapter 3314. of the Revised
Code, and STEM school established under Chapter 3326. of the
Revised Code.
(E) Nothing in this section requires an institution to take
any action that would violate the requirements of any independent
association accrediting baccalaureate degree programs.
Sec. 3333.86. The chancellor of the Ohio board of regents
may determine the manner in which a course included in the
clearinghouse may be offered as a dual enrollment an advanced
standing program as defined in section 3313.6013 of the Revised
Code, may be offered to students who are enrolled in nonpublic
schools or are instructed at home pursuant to section 3321.04 of
the Revised Code, or may be offered at times outside the normal
school day or school week, including any necessary additional fees
and methods of payment for a course so offered.
Sec. 3345.06. (A) Subject to divisions (B) and (C) of this
section, a graduate of the twelfth grade shall be entitled to
admission without examination to any college or university which
is supported wholly or in part by the state, but for unconditional
admission may be required to complete such units not included in
the graduate's high school course as may be prescribed, not less
than two years prior to the graduate's entrance, by the faculty of
the institution.
(B) Beginning with the 2014-2015 academic year, each state
university listed in section 3345.011 of the Revised Code, except
for Central state university, Shawnee state university, and
Youngstown state university, shall permit a resident of this state
who entered ninth grade for the first time on or after July 1,
2010, to begin undergraduate coursework at the university only if
the person has successfully completed the Ohio core curriculum for
high school graduation prescribed in division (C) of section
3313.603 of the Revised Code, unless one of the following applies:
(1) The person has earned at least ten semester hours, or the
equivalent, at a community college, state community college,
university branch, technical college, or another post-secondary
institution except a state university to which division (B) of
this section applies, in courses that are college-credit-bearing
and may be applied toward the requirements for a degree. The
university shall grant credit for successful completion of those
courses pursuant to any applicable articulation and transfer
policy of the Ohio board of regents or any agreements the
university has entered into in accordance with policies and
procedures adopted under section 3333.16, 3313.161 3333.161, or
3333.162 of the Revised Code. The university may count college
credit that the student earned while in high school through the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code, or through other dual
enrollment advanced standing programs, toward the requirements of
division (B)(1) of this section if the credit may be applied
toward a degree.
(2) The person qualified to graduate from high school under
division (D) or (F) of section 3313.603 of the Revised Code and
has successfully completed the topics or courses that the person
lacked to graduate under division (C) of that section at any
post-secondary institution or at a summer program at the state
university. A state university may admit a person for enrollment
contingent upon completion of such topics or courses or summer
program.
(3) The person met the high school graduation requirements by
successfully completing the person's individualized education
program developed under section 3323.08 of the Revised Code.
(4) The person is receiving or has completed the final year
of instruction at home as authorized under section 3321.04 of the
Revised Code, or has graduated from a nonchartered, nonpublic
school in Ohio, and demonstrates mastery of the academic content
and skills in reading, writing, and mathematics needed to
successfully complete introductory level coursework at an
institution of higher education and to avoid remedial coursework.
(5) The person is a high school student participating in the
post-secondary enrollment options college credit plus program
under Chapter 3365. of the Revised Code or another dual enrollment
advanced standing program.
(C) A state university subject to division (B) of this
section may delay admission for or admit conditionally an
undergraduate student who has successfully completed the Ohio core
curriculum if the university determines the student requires
academic remedial or developmental coursework. The university may
delay admission pending, or make admission conditional upon, the
student's successful completion of the academic remedial or
developmental coursework at a university branch, community
college, state community college, or technical college.
(D) This section does not deny the right of a college of law,
medicine, or other specialized education to require college
training for admission, or the right of a department of music or
other art to require particular preliminary training or talent.
Sec. 3365.01. As used in this chapter:
(A) "Articulated credit" means post-secondary credit that is
reflected on the official record of a student at an institution of
higher education only upon enrollment at that institution after
graduation from a secondary school.
(B) "Default ceiling amount" means one of the following
amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((0.83 X formula amount) / 30)
X number of enrolled credit hours
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((0.83 X formula amount) / 45)
X number of enrolled credit hours
(C) "Default floor amount" means twenty-five per cent of the
default ceiling amount.
(D) "Fee" means any course-related fee and any other fee
imposed by the college, but not included in tuition, for
participation in the program established by this chapter.
(E) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(F) "Governing entity" means a board of education of a school
district, a governing authority of a community school established
under Chapter 3314., a governing body of a STEM school established
under Chapter 3326., or a board of trustees of a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(G) "Home-instructed participant" means a student who has
been excused from the compulsory attendance law for the purpose of
home instruction under section 3321.04 of the Revised Code, and is
participating in the program established by this chapter.
(H) "Maximum per participant charge amount" means one of the
following amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a
semester schedule, the amount calculated according to the
following formula:
((formula amount / 30)
X number of enrolled credit hours)
- default ceiling amount
(2) For a participant enrolled in a college operating on a
quarter schedule, the amount calculated according to the following
formula:
((formula amount / 45)
X number of enrolled credit hours)
– default ceiling amount
(I) "Nonpublic secondary school" means a chartered or
nonchartered school for which minimum standards are prescribed by
the state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(J) "Number of enrolled credit hours" means the number of
credit hours for a course in which a participant is enrolled
during the previous term after the date on which a withdrawal from
a course would have negatively affected the participant's
transcripted grade, as prescribed by the college's established
withdrawal policy.
(K) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(L) "Participant" means any student enrolled in a college
under the program established by this chapter.
(M) "Partnering college" means a college with which a public
or nonpublic secondary school has entered into an agreement in
order to offer the program established by this chapter.
(N) "Partnering secondary school" means a public or nonpublic
secondary school with which a college has entered into an
agreement in order to offer the program established by this
chapter.
(O) "Private college" means any of the following:
(1) A nonprofit institution holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code;
(2) An institution holding a certificate of registration from
the state board of career colleges and schools and program
authorization for an associate or bachelor's degree program issued
under section 3332.05 of the Revised Code;
(3) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code.
(P) "Public college" means a "state institution of higher
education" in section 3345.011 of the Revised Code, excluding the
northeast Ohio medical university.
(Q) "Public secondary school" means a school serving grades
nine through twelve in a city, local, or exempted village school
district, a joint vocational school district, a community school
established under Chapter 3314., a STEM school established under
Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(R) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(S) "Secondary grade" means any of grades nine through
twelve.
(T) "Transcripted credit" means post-secondary credit that is
conferred by an institution of higher education and is reflected
on a student's official record at that institution upon completion
of a course.
Sec. 3365.02. (A) There is hereby established the college
credit plus program under which, beginning with the 2015-2016
school year, a secondary grade student who is a resident of this
state may enroll at a college, on a full- or part-time basis, and
complete nonsectarian, nonremedial courses for high school and
college credit. The program shall govern arrangements in which a
secondary grade student enrolls in a college and, upon successful
completion of coursework taken under the program, receives
transcripted credit from the college, except for any of the
following:
(1) An agreement governing an early college high school
program that meets any of the exemption criteria under division
(E) of section 3313.6013 of the Revised Code;
(2) An advanced placement course or international
baccalaureate diploma course, as described in divisions (A)(2) and
(3) of section 3313.6013 of the Revised Code;
(3) A career-technical education program that is approved by
the department of education under section 3317.161 of the Revised
Code and grants articulated credit to students participating in
that program.
(B) Any student enrolled in a public or nonpublic secondary
school in the student's ninth, tenth, eleventh, or twelfth grade
and any student who has been excused from the compulsory
attendance law for the purpose of home instruction under section
3321.04 of the Revised Code and is the equivalent of a ninth,
tenth, eleventh, or twelfth grade student, may participate in the
program, if the student meets the applicable eligibility criteria
in section 3365.03 of the Revised Code.
(C) All public secondary schools and all public colleges
shall participate in the program and are subject to the
requirements of this chapter. Any nonpublic secondary school or
private college that chooses to participate in the program shall
also be subject to the requirements of this chapter.
(D) The state board of education, in accordance with Chapter
119. of the Revised Code and in consultation with the chancellor
of the Ohio board of regents, shall adopt rules governing the
program.
Sec. 3365.03. (A) A student enrolled in a public or nonpublic
secondary school during the student's ninth, tenth, eleventh, or
twelfth grade school year or a student who has been excused from
the compulsory attendance law for the purpose of home instruction
under section 3321.04 of the Revised Code and is the equivalent of
a ninth, tenth, eleventh, or twelfth grade student, may apply to
and enroll in a college under the college credit plus program.
(1) In order for a public secondary school student to
participate in the program, all of the following criteria shall be
met:
(a) The student or the student's parent shall inform the
principal, or equivalent, of the student's school by the first day
of April of the student's intent to participate in the program
during the following school year. Any student who fails to provide
the notification by the required date may not participate in the
program during the following school year without the written
consent of the principal, or equivalent.
(b) The student shall both:
(i) Apply to a public or a participating private college in
accordance with the college's established procedures for
admission, pursuant to section 3365.05 of the Revised Code;
(ii) Meet the college's established standards for admission
and for course placement, including course-specific capacity
limitations, pursuant to section 3365.05 of the Revised Code.
(c) The student shall elect at the time of enrollment to
participate under either division (A) or (B) of section 3365.06 of
the Revised Code for each course under the program.
(d) The student and the student's parent shall sign a form,
provided by the school, stating that they have received the
counseling required under division (B) of section 3365.04 of the
Revised Code and that they understand the responsibilities they
must assume in the program.
(2) In order for a nonpublic secondary school or
home-instructed student to participate in the program, both of the
following criteria shall be met:
(a) The student shall meet the criteria in divisions
(A)(1)(b) and (c) of this section.
(b) The student shall satisfy all application procedures and
standards established in rules adopted by the state board of
education, in consultation with the chancellor of the Ohio board
of regents, pursuant to section 3365.071 of the Revised Code.
(B) Except as provided for in division (C) of this section
and in sections 3365.031 and 3365.032 of the Revised Code:
(1) No public secondary school shall prohibit a student
enrolled in that school from participating in the program if that
student meets all of the criteria in division (A)(1) of this
section.
(2) No participating nonpublic secondary school shall
prohibit a student enrolled in that school from participating in
the program if the student meets all of the criteria in division
(A)(2) of this section and, if the student is enrolled under
division (B) of section 3365.06 of the Revised Code, the student
is awarded funding from the department in accordance with rules
adopted by the state board, in consultation with the chancellor,
pursuant to section 3365.071 of the Revised Code.
(C) For purposes of this section, during the period of an
expulsion imposed by a public secondary school, a student is
ineligible to apply to enroll in a college under this section,
unless the student is admitted to another public secondary or
participating nonpublic secondary school. If a student is enrolled
in a college under this section at the time the student is
expelled, the student's status for the remainder of the college
term in which the expulsion is imposed shall be determined under
section 3365.032 of the Revised Code.
(D) Upon a student's graduation from high school,
participation in the college credit plus program shall not affect
the student's eligibility at any public college for scholarships
or for other benefits or opportunities that are available to
first-time college students and are awarded by that college,
regardless of the number of credit hours that the student
completed under the program.
Sec. 3365.06 3365.031. (A) A student in grade nine may not
enroll in courses under this chapter for which the student elects
under division (B) of section 3365.04 3365.06 of the Revised Code
to receive credit toward high school graduation for more than the
equivalent of four academic school years. A student enrolling in
courses under this chapter may not enroll in courses in which the
student elects to receive credit toward high school graduation for
more than the equivalent of:
(1) Three academic school years, if the student so enrolls
for the first time in grade ten;
(2) Two academic school years, if the student so enrolls for
the first time in grade eleven;
(3) One academic school year, if the student so enrolls for
the first time in grade twelve.
These (B) The restrictions prescribed in division (A) of this
section shall be reduced proportionately for any such student who
enrolls in the program during the course of a school year in
accordance with rules adopted under section 3365.02 of the Revised
Code.
(B) In considering the admission of any secondary student, a
college shall give priority to its other students regarding
enrollment in courses. However, once a student has been accepted
in a course as a participant, the institution shall not displace
the participant for another student.
Sec. 3365.041 3365.032. (A) When a school district
superintendent, the governing authority of a community school, or
the chief administrative officer of a STEM public secondary school
expels a student under division (B) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school
established under Chapter 3328. of the Revised Code, in accordance
with the school's bylaws adopted pursuant to section 3328.13 of
the Revised Code, the district superintendent, governing
authority, or chief administrative officer or equivalent, shall
send a written notice of the expulsion to any college in which the
expelled student is enrolled under section 3365.03 of the Revised
Code at the time the expulsion is imposed. The notice shall
indicate the date the expulsion is scheduled to expire. The notice
also shall indicate whether the district board of education,
community school governing authority, or the STEM school has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code to deny high school credit for post-secondary courses taken
under the college credit plus program during an expulsion. If the
expulsion is extended under division (F) of section 3313.66 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code, the district superintendent,
community school governing authority, or STEM school chief
administrative officer
or equivalent, shall notify the college of
the extension.
(B) A college may withdraw its acceptance under section
3365.03 of the Revised Code of a student who is expelled from
school under division (B) of section 3313.66 of the Revised Code
or, for a college-preparatory boarding school, in accordance with
the school's bylaws adopted pursuant to section 3328.13 of the
Revised Code. As provided in section 3365.03 of the Revised Code,
regardless of whether the college withdraws its acceptance of the
student for the college term in which the student is expelled, the
student is ineligible to enroll in a college under that section
for subsequent college terms during the period of the expulsion,
unless the student enrolls in another
public school
district or
community school, or a participating nonpublic school during that
period.
If a college withdraws its acceptance of an expelled student
who elected either option of division (A)(1) or (2) of section
3365.04 3365.06 of the Revised Code, the college shall refund
tuition and fees paid by the student in the same proportion that
it refunds tuition and fees to students who voluntarily withdraw
from the college at the same time in the term.
If a college withdraws its acceptance of an expelled student
who elected the option of division (B) of section 3365.04 3365.06
of the Revised Code, the public school district, community school,
or STEM school shall not award high school credit for the college
courses in which the student was enrolled at the time the college
withdrew its acceptance, and any reimbursement under section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code for the student's attendance prior to the
withdrawal shall be the same as would be paid for a student who
voluntarily withdrew from the college at the same time in the
term. If the withdrawal results in the college's receiving no
reimbursement, the college or secondary school may require the
student to return or pay for the any textbooks and materials it
provided the student free of charge
under section 3365.08 of the
Revised Code.
(C) When a student who elected the option of division (B) of
section 3365.04 3365.06 of the Revised Code is expelled under
division (B) of section 3313.66 of the Revised Code or, for a
college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code from a public school district, community school, or STEM
school that has adopted a policy under section 3313.613 of the
Revised Code or, for a college-preparatory boarding school, in
accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code to deny high school credit for courses
taken under the college credit plus program during an expulsion,
that election is automatically revoked for all college courses in
which the student is enrolled during the college term in which the
expulsion is imposed. Any reimbursement under section 3365.07 of
the Revised Code or through alternative funding agreements entered
into under rules adopted under section 3365.12 of the Revised Code
for the student's attendance prior to the expulsion shall be the
same as would be paid for a student who voluntarily withdrew from
the college at the same time in the term. If the revocation
results in the college's receiving no reimbursement, the college
or secondary school may require the student to return or pay for
the any textbooks and materials it provided the student free of
charge
under section 3365.08 of the Revised Code.
No Not later than five days after receiving an expulsion
notice from the superintendent of a district, the governing
authority of a community school, or the chief administrative
officer of a STEM, or equivalent, of a public school that has
adopted a policy under section 3313.613 of the Revised Code or,
for a college-preparatory boarding school, in accordance with the
school's bylaws adopted pursuant to section 3328.13 of the Revised
Code, the college shall send a written notice to the expelled
student that the student's election of division (B) of section
3365.04 3365.06 of the Revised Code is revoked. If the college
elects not to withdraw its acceptance of the student, the student
shall pay all applicable tuition and fees for the college courses
and shall pay for the any textbooks and materials that the college
or secondary school provided under section 3365.08 of the Revised
Code to the student.
Sec. 3365.04. Each public and participating nonpublic
secondary school shall do all of the following with respect to the
college credit plus program:
(A) Provide information about the program prior to the first
day of March of each year to all students enrolled in grades eight
through eleven;
(B) Provide counseling services to students in grades eight
through eleven and to their parents before the students
participate in the program under this chapter to ensure that
students and parents are fully aware of the possible consequences
and benefits of participation. Counseling information shall
include:
(2) The process for granting academic credits;
(3) Any necessary financial arrangements for tuition,
textbooks, and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) Communicating the possible consequences and benefits of
participation, including all of the following:
(a) The consequences of failing or not completing a course
under the program, including the effect on the student's ability
to complete the secondary school's graduation requirements;
(b) The effect of the grade attained in a course under the
program being included in the student's grade point average, as
applicable;
(c) The benefits to the student for successfully completing a
course under the program, including the ability to reduce the
overall costs of, and the amount of time required for, a college
education.
(8) The academic and social responsibilities of students and
parents under the program;
(9) Information about and encouragement to use the counseling
services of the college in which the student intends to enroll;
(10) The standard packet of information for the program
developed by the chancellor of the Ohio board of regents pursuant
to section 3365.15 of the Revised Code;
For a participating nonpublic secondary school, counseling
information shall also include an explanation that funding may be
limited and that not all students who wish to participate may be
able to do so.
(C) Promote the program on the school's web site, including
the details of the school's current agreements with partnering
colleges;
(D) Schedule at least one informational session per school
year to allow each partnering college that is located within
thirty miles of the school to meet with interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering colleges
located within thirty miles of the school, the school shall
coordinate with the closest partnering college to offer an
informational session.
(E) Implement a policy for the awarding of grades and the
calculation of class standing for courses taken under division
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy
adopted under this division shall be equivalent to the school's
current policy for courses taken under the advanced standing
programs described in divisions (A)(2) and (3) of section
3313.6013 of the Revised Code. If the current policy includes
awarding a weighted grade or enhancing a student's class standing
for courses taken under these programs, the policy adopted under
this section shall also provide for these procedures to be applied
to courses taken under the college credit plus program.
(F) Develop model course pathways, pursuant to section
3365.13 of the Revised Code, and publish the course pathways among
the school's official list of course offerings for the program.
(G) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
Sec. 3365.05. Each public and participating private college
shall do all of the following with respect to the college credit
plus program:
(A) Apply established standards and procedures for admission
to the college and for course placement for participants. When
determining admission and course placement, the college shall do
all of the following:
(1) Consider all available student data that may be an
indicator of college readiness, including grade point average and
end-of-course examination scores, if applicable;
(2) Give priority to its current students regarding
enrollment in courses. However, once a participant has been
accepted into a course, the college shall not displace the
participant for another student.
(3) Adhere to any capacity limitations that the college has
established for specified courses.
(B) Send written notice to a participant, the participant's
parent, the participant's secondary school, and the superintendent
of public instruction, not later than fourteen calendar days prior
to the first day of classes for that term, of the participant's
admission to the college and to specified courses under the
program.
(C) Provide both of the following, not later than twenty-one
calendar days after the first day of classes for that term, to
each participant, participant's secondary school, and the
superintendent of public instruction:
(1) The courses and hours of enrollment of the participant;
(2) The option elected by the participant under division (A)
or (B) of section 3365.06 of the Revised Code for each course.
The college shall also provide to each partnering school a
roster of participants from that school that are enrolled in the
college and a list of course assignments for each participant.
(D) Promote the program on the college's web site, including
the details of the college's current agreements with partnering
secondary schools.
(E) Coordinate with each partnering secondary school that is
located within thirty miles of the college to present at least one
informational session per school year for interested students and
parents. The session shall include the benefits and consequences
of participation and shall outline any changes or additions to the
requirements of the program. If there are no partnering schools
located within thirty miles of the college, the college shall
coordinate with the closest partnering school to offer an
informational session.
(F) Assign an academic advisor that is employed by the
college to each participant enrolled in that college. Prior to the
date on which a withdrawal from a course would negatively affect a
participant's transcripted grade, as prescribed by the college's
established withdrawal policy, the college shall ensure that the
academic advisor and the participant meet at least once to discuss
the program and the courses in which the participant is enrolled.
(G) Do both of the following with regard to high school
teachers that are teaching courses for the college at a secondary
school under the program:
(1) Provide at least one professional development session per
school year;
(2) Conduct at least one classroom observation per school
year for each course that is authorized by the college and taught
by a high school teacher to ensure that the course meets the
quality of a college-level course.
(H) Annually collect, report, and track specified data
related to the program according to data reporting guidelines
adopted by the chancellor and the superintendent of public
instruction pursuant to section 3365.15 of the Revised Code.
Sec. 3365.04 3365.06. The rules adopted under section
3365.02 of the Revised Code shall provide for students
participants to enroll in courses under either of the following
options:
(A) The student participant may elect at the time of
enrollment to be responsible for payment of all tuition and the
cost of all textbooks, materials, and fees associated with the
course. The college shall notify the student participant about
payment of tuition and fees in the customary manner followed by
the college. A student participant electing this option also shall
elect, at the time of enrollment, whether to receive only college
credit or high school credit and college credit for the course.
(1) The student participant may elect to receive only college
credit for the course. Except as provided in section 3365.041
3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, but the board of
education, community school governing authority, STEM governing
entity of a public secondary school, or nonpublic the governing
body of a participating nonpublic secondary school shall not award
the high school credit.
(2) The student participant may elect to receive both high
school credit and college credit for the course. Except as
provided in section
3365.041 3365.032 of the Revised Code, if the
student participant successfully completes the course, the college
shall award the student participant full credit for the course and
the board of education, community school governing authority, STEM
governing entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit.
(B) The student participant may elect at the time of
enrollment for each course to have the college reimbursed under
section 3365.07 of the Revised Code or as provided in alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. Except as provided in section
3365.041 3365.032 of the Revised Code, if the student participant
successfully completes the course, the college shall award the
student participant full credit for the course, and the board of
education, community school governing authority, STEM governing
entity of a public school, or the governing body of a
participating nonpublic school shall award the student participant
high school credit, and the college shall be reimbursed in
accordance with section 3365.07 of the Revised Code or alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code. If the participant elects to have the
college reimbursed under this division, the department shall
reimburse the college for the number of enrolled credit hours in
accordance with section 3365.07 of the Revised Code.
When determining a school district's formula ADM enrollment
under section 3317.03 of the Revised Code, the time a participant
is attending courses under division (A) of this section shall be
considered as time the participant is not attending or enrolled in
school anywhere, and the time a participant is attending courses
under division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.07. The department of education shall calculate
and pay state funds to colleges for participants in the college
credit plus program under division (B) of section 3365.06 of the
Revised Code pursuant to this section. For a nonpublic secondary
school or home-instructed participant, the department shall pay
state funds pursuant to this section only if that participant is
awarded funding according to rules adopted by the state board of
education, in consultation with the chancellor of the Ohio board
of regents, pursuant to section 3365.071 of the Revised Code. The
program shall be the sole mechanism by which state funds are paid
to colleges for students to earn college-level credit while
enrolled in a secondary school, with the exception of the programs
listed in division (A) of section 3365.02 of the Revised Code.
(A) For each public or nonpublic secondary school participant
enrolled in a public college:
(1) If no agreement has been entered into under division
(A)(2) of this section, both of the following shall apply:
(a) The department shall pay to the college the applicable
amount as follows:
(i) For a participant enrolled in a college course delivered
on the college campus, at another location operated by the
college, or online, the default ceiling amount;
(ii) For a participant enrolled in a college course delivered
at the participant's secondary school but taught by college
faculty, fifty per cent of the default ceiling amount;
(iii) For a participant enrolled in a college course
delivered at the participant's secondary school and taught by a
high school teacher who has met the credential requirements
established for purposes of the program in rules adopted by the
chancellor of the Ohio board of regents, the default floor amount.
(b) The participant's secondary school shall pay for
textbooks, and the college shall waive payment of all other fees
related to participation in the program.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments for each participant made by the
department shall be not less than the default floor amount and not
more than the default ceiling amount.
(3) No participant that is enrolled in a public college shall
be charged for any tuition, textbooks, or other fees related to
participation in the program.
(B) For each public secondary school participant enrolled in
a private college:
(1) If no agreement has been entered into under division
(B)(2) of this section, the department shall pay to the college
the applicable amount calculated in the same manner as in division
(A)(1)(a) of this section.
(2) The governing entity of a participant's secondary school
and the college may enter into an agreement to establish an
alternative payment structure for tuition, textbooks, and fees.
Under such an agreement, payments shall be not less than the
default floor amount and not more than the default ceiling amount.
The agreement may include a stipulation permitting the charging of
a participant. A participant may be charged an amount not to
exceed the maximum per participant charge amount. A participant
may be charged only if all of the following conditions are met:
(a) Payments for the participant made by the department to
the college are not less than the default ceiling amount.
(b) The school provides information to the participant on the
no-cost options available under this chapter.
(c) The participant is not identified as economically
disadvantaged according to rules adopted by the department.
(C) For each nonpublic secondary school participant enrolled
in a private college, the department shall pay to the college the
applicable amount calculated in the same manner as in division
(A)(1)(a) of this section. Payment for costs for the participant
that exceed the amount paid by the department shall be negotiated
by the governing body of the nonpublic secondary school and the
college.
However, under no circumstances shall:
(1) The payments for a participant made by the department
under this division exceed the default ceiling amount.
(2) Any nonpublic secondary school participant, who is
enrolled in that secondary school with a scholarship awarded under
either the educational choice scholarship pilot program, as
prescribed by sections 3310.01 to 3310.17, or the pilot project
scholarship program, as prescribed by sections 3313.974 to
3313.979 of the Revised Code, and who qualifies as a low-income
student under either of those programs, be charged for any
tuition, textbooks, or other fees related to participation in the
college credit plus program.
(D) For each home-instructed participant enrolled in a public
or private college, the department shall pay to the college the
default ceiling amount, if that participant is enrolled in a
college course delivered on the college campus, at another
location operated by the college, or online.
(E) Not later than thirty days after the end of each term,
each college expecting to receive payment for the costs of a
participant under this section shall notify the department of the
number of enrolled credit hours for each participant.
(F) Each January and July, or as soon as possible thereafter,
the department shall make the applicable payments under this
section to each college, which provided proper notification to the
department under division (E) of this section, for the number of
enrolled credit hours for participants enrolled in the college
under division (B) of section 3365.06 of the Revised Code. The
department shall not make any payments to a college under this
section if a participant withdrew from a course prior to the date
on which a withdrawal from the course would have negatively
affected the participant's transcripted grade, as prescribed by
the college's established withdrawal policy.
(1) Payments made for public secondary school participants
under this section shall be deducted from the school foundation
payments made to the participant's school district or, if the
participant is enrolled in a community school, a STEM school, or a
college-preparatory boarding school, from the payments made to
that school under section 3314.08, 3326.33, or 3328.34 of the
Revised Code. If the participant is enrolled in a joint vocational
school district, a portion of the amount shall be deducted from
the payments to the joint vocational school district and a portion
shall be deducted from the payments to the participant's city,
local, or exempted village school district in accordance with the
full-time equivalency of the student's enrollment in each
district. Amounts deducted under division (F)(1) of this section
shall be calculated in accordance with rules adopted by the state
board of education, pursuant to division (B) of section 3365.071
of the Revised Code.
(2) Payments made for nonpublic secondary school and
home-instructed participants under this section shall be deducted
from moneys appropriated by the general assembly for such purpose.
Payments shall be allocated and distributed in accordance with
rules adopted by the state board, in consultation with the
chancellor of the Ohio board of regents, pursuant to division (A)
of section 3365.071 of the Revised Code.
(G) Any public college that enrolls a student under division
(B) of section 3365.06 of the Revised Code may include that
student in the calculation used to determine its state share of
instruction funds appropriated to the Ohio board of regents by the
general assembly.
Sec. 3365.071. (A) The state board of education, in
accordance with Chapter 119. of the Revised Code and in
consultation with the chancellor of the Ohio board of regents,
shall adopt rules prescribing both of the following:
(1) Application procedures and standards for nonpublic
secondary school and home-instructed students who wish to
participate in the college credit plus program.
(2) A method to allocate and distribute payments under
section 3365.07 of the Revised Code for nonpublic secondary school
and home-instructed participants.
(B) The state board shall also adopt rules establishing a
method to calculate the amounts deducted from a joint vocational
school district and from a participant's city, local, or exempted
village school district for payments under section 3365.07 of the
Revised Code.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code shall furnish to
a participant all textbooks and materials directly related to a
course taken by the participant under division (B) of section
3365.04 of the Revised Code. No college shall charge such
participant for tuition, textbooks, materials, or other fees
directly related to any such course.
(B) No student participant enrolled under this chapter in a
course for which credit toward high school graduation is awarded
shall receive direct financial aid through any state or federal
program.
(C)(B) If a school district provides transportation for
resident school students in grades eleven and twelve under section
3327.01 of the Revised Code, a parent of a pupil participant
enrolled in a course under division (A)(2) or (B) of section
3365.04 3365.06 of the Revised Code may apply to the board of
education for full or partial reimbursement for the necessary
costs of transporting the
student participant between the
secondary school the student participant attends and the college
in which the student participant is enrolled. Reimbursement may be
paid solely from funds received by the district for pupil student
transportation under section 3317.0212 of the Revised Code or
other provisions of law. The state board of education shall
establish guidelines, based on financial need, under which a
district may provide such reimbursement.
(D)(C) If a community school provides or arranges
transportation for its pupils students in grades nine through
twelve under section 3314.091 of the Revised Code, a parent of a
pupil participant of the community school who is enrolled in a
course under division (A)(2) or (B) of section 3365.04 3365.06 of
the Revised Code may apply to the governing authority of the
community school for full or partial reimbursement of the
necessary costs of transporting the student participant between
the community school and the college. The governing authority may
pay the reimbursement in accordance with the state board's rules
adopted under division (C)(B) of this section solely from funds
paid to it under section 3314.091 of the Revised Code.
Sec. 3365.11 3365.09. (A) If Except as provided for in
division (C) of this section, if the superintendent of the school
district or the chief administrator of the community school or
STEM, or equivalent, of a public secondary school in which a
participant is enrolled determines that the participant has not
attained a passing final grade in a college course in which the
participant enrolled under this chapter, the superintendent, or
chief administrator shall equivalent, may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
that college course. The board of education of the school
district, the governing authority of the community school, or the
STEM governing entity of a public school, in accordance with
division (C) of section 3313.642 of the Revised Code, may withhold
grades and credits received by the participant for district or
community high school courses taken by the participant until the
participant or the participant's parent provides reimbursement.
(B) If Except as provided for in division (C) of this
section, if the chief administrator of the a participating
nonpublic school in which a participant is enrolled determines
that the participant has not attained a passing final grade in a
college course in which the participant enrolled under this
chapter, the chief administrator shall may seek reimbursement from
the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
enrollment in that college course. Upon the collection of any
funds from a participant or participant's parent under this
division, the chief administrator of a nonpublic school shall send
an amount equal to the funds collected to the superintendent of
public instruction. The superintendent of public instruction shall
credit that amount to the general revenue fund.
(C) Unless the participant was expelled by the school, the
superintendent, or equivalent, or chief administrator shall not
seek reimbursement from a participant or a participant's parent
under division (A) or (B) of this section, if the participant is
identified as economically disadvantaged according to rules
adopted by the department of education.
Sec. 3365.10. (A) Any public or participating nonpublic
secondary school or any public or participating private college,
including a secondary school and an associated college operating
an early college high school program, may apply to the chancellor
of the Ohio board of regents and the superintendent of public
instruction for a waiver from the requirements of the college
credit plus program. The chancellor and the superintendent may
grant a waiver if the school or college meets all criteria set
forth in rules adopted by the chancellor and the superintendent
pursuant to division (C) of this section.
(B)(1) Except as provided for in division (E) of section
3313.6013 of the Revised Code, any agreement between a public
secondary school and an associated college governing the operation
of an early college high school program shall be subject to the
requirements of the college credit plus program. The chancellor
and the superintendent may grant a waiver under division (A) of
this section for such an agreement only if the agreement does both
of the following:
(a) Includes innovative programming proposed to exclusively
address the needs of underrepresented student subgroups.
(b) Meets all criteria set forth in rules adopted by the
chancellor and the superintendent pursuant to division (C) of this
section.
(2) Any waiver granted under this section for an agreement
governing an early college high school program shall apply only to
that agreement and shall not apply to any other agreement that the
school or college enters into under this chapter.
(C) The chancellor and the superintendent of public
instruction shall jointly adopt rules, in accordance with Chapter
119. of the Revised Code, regarding the granting of waivers under
this section.
(D) As used in this section:
(1) "Associated college" means a public or private college
which has entered into an agreement with a public secondary school
to establish an early college high school program, as described in
section 3313.6013 of the Revised Code, and awards transcripted
credit to students through that program.
(2) "Early college high school program" has the same meaning
as in section 3313.6013 of the Revised Code.
Sec. 3365.11. Each instructor teaching a course under the
college credit plus program shall meet the credential requirements
set forth in guidelines and procedures established by the
chancellor of the Ohio board of regents. If the guidelines require
high school teachers to take any additional graduate-level
coursework in order to meet the credential requirements, that
coursework shall be applicable to continuing education and
professional development requirements for the renewal of the
teacher's educator license.
Sec. 3365.05 3365.12. (A) All courses offered under the
college credit plus program shall be the same courses that are
included in the partnering college's course catalogue for
college-level, nonremedial courses and shall apply to at least one
degree or professional certification at the partnering college.
(B)(1) High school credit awarded for courses successfully
completed under this chapter shall count toward the graduation
requirements and subject area requirements of the
school district,
community school, STEM public secondary school, or participating
nonpublic secondary school. If a course comparable to one a
student participant completed at a college is offered by the
district or school, the board or school governing entity or
governing body shall award comparable credit for the course
completed at the college. If no comparable course is offered by
the district or school, the board or school governing entity or
governing body shall grant an appropriate number of elective
credits
in a similar subject area to the student participant.
(2) If there is a dispute between a school district board, a
community school governing authority, or a STEM participant's
school and a
student participant regarding high school credits
granted for a course, the
student participant may appeal the
decision to the state board of education. The state board's
decision regarding any high school credits granted under this
section is final.
(C) Evidence of successful completion of each course and the
high school credits awarded by the district or school shall be
included in the student's record. The record shall indicate that
the credits were earned as a participant under this chapter and
shall include the name of the college at which the credits were
earned. The district or school shall determine whether and the
manner in which the grade achieved in a course completed at a
college under division (A)(2) or (B) of section 3365.04 of the
Revised Code will be counted in any cumulative grade point average
maintained for the student.
Sec. 3365.13. (A) Each public secondary school shall
develop, in consultation with at least one public partnering
college, two model pathways for courses offered under the college
credit plus program. One of the model pathways shall be a
fifteen-credit hour pathway and one shall be a thirty-credit hour
pathway. Each pathway shall include courses which, once completed,
all apply to at least one degree or professional certification
offered at the college. The pathways may be organized by desired
major or career path or may include various core courses required
for a degree or professional certification by the college. The
school shall publish the pathways among the school's official list
of course offerings from which a participant may select.
(B) No participant shall be required to enroll only in the
courses included in a model pathway developed under division (A)
of this section. Instead, the pathways shall serve as samples of
the courses that a participant may take, if desired, to earn
multiple credits toward a specified degree or certification.
Sec. 3365.15. The chancellor of the Ohio board of regents
and the superintendent of public instruction jointly shall do all
of the following:
(A) Adopt data reporting guidelines specifying the types of
data that public and participating nonpublic secondary schools and
public and participating private colleges must collect, report,
and track under division (G) of section 3365.04 and division (H)
of section 3365.05 of the Revised Code. The guidelines shall also
include policies and procedures for the collection, reporting, and
tracking of such data.
(B) Submit a biennial report detailing the status of the
college credit plus program to the governor, the president of the
senate, the speaker of the house of representatives, and the
chairpersons of the education committees of the senate and house
of representatives. The first report shall be submitted not later
than December 31, 2017, and each subsequent report shall be
submitted not later than the thirty-first day of December every
two years thereafter.
(C) Establish a college credit plus advisory committee to
assist in the development of performance metrics and the
monitoring of the program's progress.
The chancellor shall also, in consultation with the
superintendent, create a standard packet of information for the
college credit plus program directed toward students and parents
that are interested in the program.
Section 2. That existing sections 133.06, 921.06, 3301.0714,
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013,
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03,
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24,
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04,
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 and sections
3313.6015, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022,
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the
Revised Code are hereby repealed.
Section 3. (A) There is hereby created the School Based
Health Care Advisory Workgroup. The Workgroup shall consist of the
following members:
(1) The Superintendent of Public Instruction or the
Superintendent's designee;
(2) The Director of Developmental Disabilities or the
Director's designee;
(3) The Director of Health or the Director's designee;
(4) The Director of Job and Family Services or the Director's
designee;
(5) The Director of Medicaid or the Director's designee;
(6) The Director of Mental Health and Addiction Services or
the Director's designee;
(7) The Director of the Office of Health Transformation or
the Director's designee, who shall serve as chairperson;
(8) One representative from each of the following
organizations, appointed by the organization's chief executive
officer or the individual serving in an equivalent capacity for
the organization:
(a) The Association of Ohio Health Commissioners;
(b) The Buckeye Association of School Administrators;
(c) The County Commissioners Association of Ohio;
(d) The Greater Cincinnati Community Learning Institute;
(e) The Ohio Association of Community Health Centers;
(f) The Ohio Association of Health Plans;
(g) The Ohio Association of School Nurses;
(h) The Ohio Business Roundtable;
(i) The Ohio Chamber of Commerce;
(j) The Ohio Chapter of the American Academy of Pediatrics;
(k) The Ohio Children's Hospital Association;
(l) The Ohio Commission on Minority Health;
(m) The Ohio Council of Behavioral Health and Family Services
Providers;
(n) The Ohio Dental Association;
(o) The Ohio Optometric Association;
(p) The Ohio Parent Teacher Association;
(q) The Ohio State Medical Association;
(r) The Public Children Services Association of Ohio;
(s) Voices for Ohio's Children;
(t) The Ohio Federation of Teachers.
(9) Two members of the House of Representatives, one from the
majority party and the other from the minority party, appointed by
the Speaker of the House of Representatives;
(10) Two members of the Senate, one from the majority party
and the other from the minority party, appointed by the President
of the Senate.
(B) The Workgroup shall do all of the following:
(1) Review evidence of the correlation between student health
and academic achievement;
(2) Identify existing best practices to improve academic
achievement through better student health;
(3) Based on existing best practices, recommend one or more
models for communities that want to improve academic achievement
through better student health;
(4) Recommend financial strategies to sustain the models over
time, with an emphasis on health coverage through commercial
insurance and Medicaid, not other governmental subsidies;
(5) Recommend health care service delivery strategies that
are known to improve health outcomes, such as patient-centered
medical homes;
(6) Ensure that all recommendations adhere to state and
federal law.
(C)(1) Appointments to the Workgroup shall be made not later
than fifteen days after the effective date of this section.
Vacancies shall be filled in the same manner as the original
appointments.
(2) Members of the Workgroup shall serve without compensation
or reimbursement for expenses incurred while serving on the
Workgroup, except to the extent that serving on the Workgroup is
considered to be among the member's employment duties.
(D) The Workgroup shall prepare a report of its findings and
recommendations and, not later than December 31, 2014, submit the
report to the General Assembly. Upon submission of the report, the
Workgroup shall cease to exist.
Section 4. (A) Notwithstanding anything to the contrary in
Chapter 3365. of the Revised Code, for the 2014-2015 school year,
the program established under that chapter shall continue to
operate as the Post-Secondary Enrollment Options Program, as it
existed under that chapter prior to the effective date of this
section. All rules for the Post-Secondary Enrollment Options
Program in effect on the effective date of this section shall
continue to govern that program for the 2014-2015 school year. The
College Credit Plus Program, as codified in Chapter 3365. of the
Revised Code, as it is revised by this act, shall begin operation
for the 2015-2016 school year. Beginning on the effective date of
this section, the Department of Education, State Board of
Education, and Chancellor of the Ohio Board of Regents shall take
the necessary steps to adopt rules, guidelines, and procedures and
to create any necessary forms and documents so that the College
Credit Plus Program is fully operational for the 2015-2016 school
year in accordance with Chapter 3365. of the Revised Code, as it
is revised by this act.
(B) In accordance with division (A) of this section, all
participants who enroll, or who have taken preliminary action to
enroll, in an institution of higher education for the 2014-2015
school year pursuant to Chapter 3365. of the Revised Code, as it
existed prior to the effective date of this section, or rules
adopted under that version of that chapter, shall participate in
the Post-Secondary Enrollment Options Program, as it existed prior
to the effective date of this section. Participants enrolled in an
institution of higher education under the Post-Secondary
Enrollment Options Program during the 2014-2015 school year shall
continue to be subject to the provisions of Chapter 3365. of the
Revised Code, as it existed prior to the effective date of this
section.
(C) For the 2014-2015 school year, all participants who
enroll, or who have taken preliminary action to enroll, in a dual
enrollment program as defined in section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section,
to participate during that school year in the dual enrollment
program shall participate under the specified dual enrollment
program in which the student enrolled and shall continue to be
subject to the provisions of section 3313.6013 of the Revised
Code, as it existed prior to the effective date of this section.
(D) Any agreement entered into for the 2014-2015 school year
regarding either the Post-Secondary Enrollment Options Program
under Chapter 3365. of the Revised Code, as it existed prior to
the effective date of this section, or any dual enrollment
program, as defined in section 3313.6013 of the Revised Code as it
existed prior to the effective date of this section, shall
continue in force, pursuant to the terms of that agreement, for
the 2014-2015 school year.
(E) For the 2013-2014 and 2014-2015 school years, the
Department of Education shall make all payments that the
Department is obligated to pay pursuant to section 3365.07 of the
Revised Code, as it existed prior to the effective date of this
section, for participants who enroll in an institution of higher
education under Chapter 3365. of the Revised Code, as it existed
prior to the effective date of this section.
(F) For the 2014-2015 school year only, whenever the term
"College Credit Plus Program" is used, referred to, or designated
in any provision of the Revised Code outside of Chapter 3365. of
the Revised Code, the use, reference, or designation shall be
construed to mean the "Post-Secondary Enrollment Options Program."
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