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Sub. H. B. No. 597 As Pending in the House Rules and Reference CommitteeAs Pending in the House Rules and Reference Committee (L# 2660-1)
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Thompson, Huffman
A BILL
To amend sections 3301.07, 3301.078, 3301.079,
3301.0712, 3301.0714, 3301.0718, 3313.61,
3313.612, 3313.618, and 3328.01 of the Revised
Code and to repeal Section 9 of Am. Sub. H.B. 487
of the 130th General Assembly to repeal and
replace the Common Core State Standards Initiative
academic content standards and related assessment
system and to revise the high school graduation
requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.07, 3301.078, 3301.079,
3301.0712, 3301.0714, 3301.0718, 3313.61, 3313.612, 3313.618, and
3328.01 of the Revised Code be amended to read as follows:
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the powers
otherwise imposed on the state board under the provisions of law,
the board shall have the powers described in this section.
(A) The state board shall exercise policy forming, planning,
and evaluative functions for the public schools of the state
except as otherwise provided by law.
(B)(1) The state board shall exercise leadership in the
improvement of public education in this state, and administer the
educational policies of this state relating to public schools, and
relating to instruction and instructional material, building and
equipment, transportation of pupils, administrative
responsibilities of school officials and personnel, and finance
and organization of school districts, educational service centers,
and territory. Consultative and advisory services in such matters
shall be provided by the board to school districts and educational
service centers of this state.
(2) The state board also shall develop a standard of
financial reporting which shall be used by each school district
board of education and each governing board of an educational
service center, each governing authority of a community school
established under Chapter 3314., each governing body of a STEM
school established under Chapter 3328., and each board of trustees
of a college-preparatory boarding school established under Chapter
3328. of the Revised Code to make its financial information and
annual budgets for each school building under its control
available to the public in a format understandable by the average
citizen. The format shall show, both at the district and at the
school building level, revenue by source; expenditures for
salaries, wages, and benefits of employees, showing such amounts
separately for classroom teachers, other employees required to
hold licenses issued pursuant to sections 3319.22 to 3319.31 of
the Revised Code, and all other employees; expenditures other than
for personnel, by category, including utilities, textbooks and
other educational materials, equipment, permanent improvements,
pupil transportation, extracurricular athletics, and other
extracurricular activities; and per pupil expenditures. The format
shall also include information on total revenue and expenditures,
per pupil revenue, and expenditures for both classroom and
nonclassroom purposes, as defined by the standards adopted under
section 3302.20 of the Revised Code in the aggregate and for each
subgroup of students, as defined by section 3317.40 of the Revised
Code, that receives services provided for by state or federal
funding.
(3) Each school district board, governing authority,
governing body, or board of trustees, or its respective designee,
shall annually report, to the department of education, all
financial information required by the standards for financial
reporting, as prescribed by division (B)(2) of this section and
adopted by the state board. The department shall make all reports
submitted pursuant to this division available in such a way that
allows for comparison between financial information included in
these reports and financial information included in reports
produced prior to July 1, 2013. The department shall post these
reports in a prominent location on its web site and shall notify
each school when reports are made available.
(C) The state board shall administer and supervise the
allocation and distribution of all state and federal funds for
public school education under the provisions of law, and may
prescribe such systems of accounting as are necessary and proper
to this function. It may require county auditors and treasurers,
boards of education, educational service center governing boards,
treasurers of such boards, teachers, and other school officers and
employees, or other public officers or employees, to file with it
such reports as it may prescribe relating to such funds, or to the
management and condition of such funds.
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,
XLVII, and LI of the Revised Code a reference is made to standards
prescribed under this section or division (D) of this section,
that reference shall be construed to refer to the standards
prescribed under division (D)(2) of this section, unless the
context specifically indicates a different meaning or intent.
(2) The state board shall formulate and prescribe minimum
standards to be applied to all elementary and secondary schools in
this state for the purpose of providing children access to a
general education of high quality according to the learning needs
of each individual, including students with disabilities,
economically disadvantaged students, limited English proficient
students, and students identified as gifted. Such standards shall
provide adequately for: the licensing of teachers, administrators,
and other professional personnel and their assignment according to
training and qualifications; efficient and effective instructional
materials and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and
reports and the preparation of a statement of policies and
objectives for each school; the provision of safe buildings,
grounds, health and sanitary facilities and services; admission of
pupils, and such requirements for their promotion from grade to
grade as will assure that they are capable and prepared for the
level of study to which they are certified; and requirements for
graduation; and such other factors as the board finds necessary.
The state board shall base any standards governing the
promotion of students or requirements for graduation on the
ability of students, at any grade level, to earn credits or
advance upon demonstration of mastery of knowledge and skills
through competency-based learning models. Credits of grade level
advancement shall not require a minimum number of days or hours in
a classroom.
The state board shall base any standards governing the
assignment of staff on ensuring each school has a sufficient
number of teachers to ensure a student has an appropriate level of
interaction to meet each student's personal learning goals.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(3) In addition to the minimum standards required by division
(D)(2) of this section, the state board may formulate and
prescribe the following additional minimum operating standards for
school districts:
(a) Standards for the effective and efficient organization,
administration, and supervision of each school district with a
commitment to high expectations for every student based on the
learning needs of each individual, including students with
disabilities, economically disadvantaged students, limited English
proficient students, and students identified as gifted, and
commitment to closing the achievement gap without suppressing the
achievement levels of higher achieving students so that all
students achieve core knowledge and skills in accordance with the
statewide academic standards adopted under section 3301.079 of the
Revised Code;
(b) Standards for the establishment of business advisory
councils under section 3313.82 of the Revised Code;
(c) Standards for school district buildings that may require
the effective and efficient organization, administration, and
supervision of each school district building with a commitment to
high expectations for every student based on the learning needs of
each individual, including students with disabilities,
economically disadvantaged students, limited English proficient
students, and students identified as gifted, and commitment to
closing the achievement gap without suppressing the achievement
levels of higher achieving students so that all students achieve
core knowledge and skills in accordance with the statewide
academic standards adopted under section 3301.079 of the Revised
Code.
(E) The state board may require as part of the health
curriculum information developed under section 2108.34 of the
Revised Code promoting the donation of anatomical gifts pursuant
to Chapter 2108. of the Revised Code and may provide the
information to high schools, educational service centers, and
joint vocational school district boards of education;
(F) The state board shall prepare and submit annually to the
governor and the general assembly a report on the status, needs,
and major problems of the public schools of the state, with
recommendations for necessary legislative action and a ten-year
projection of the state's public and nonpublic school enrollment,
by year and by grade level.
(G) The state board shall prepare and submit to the director
of budget and management the biennial budgetary requests of the
state board of education, for its agencies and for the public
schools of the state.
(H) The state board shall cooperate with federal, state, and
local agencies concerned with the health and welfare of children
and youth of the state.
(I) The state board shall require such reports from school
districts and educational service centers, school officers, and
employees as are necessary and desirable. The superintendents and
treasurers of school districts and educational service centers
shall certify as to the accuracy of all reports required by law or
state board or state department of education rules to be submitted
by the district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, the
state board shall adopt procedures, standards, and guidelines for
the education of children with disabilities pursuant to Chapter
3323. of the Revised Code, including procedures, standards, and
guidelines governing programs and services operated by county
boards of developmental disabilities pursuant to section 3323.09
of the Revised Code.
(K) For the purpose of encouraging the development of special
programs of education for academically gifted children, the state
board shall employ competent persons to analyze and publish data,
promote research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out of
any funds appropriated for this purpose to boards of education and
educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) The state board shall require that all public schools
emphasize and encourage, within existing units of study, the
teaching of energy and resource conservation as recommended to
each district board of education by leading business persons
involved in energy production and conservation, beginning in the
primary grades.
(M) The state board shall formulate and prescribe minimum
standards requiring the use of phonics as a technique in the
teaching of reading in grades kindergarten through three. In
addition, the state board shall provide in-service training
programs for teachers on the use of phonics as a technique in the
teaching of reading in grades kindergarten through three.
(N) The state board may adopt rules necessary for carrying
out any function imposed on it by law, and may provide rules as
are necessary for its government and the government of its
employees, and may delegate to the superintendent of public
instruction the management and administration of any function
imposed on it by law. It may provide for the appointment of board
members to serve on temporary committees established by the board
for such purposes as are necessary. Permanent or standing
committees shall not be created.
(O) Upon application from the board of education of a school
district, the superintendent of public instruction may issue a
waiver exempting the district from compliance with the standards
adopted under divisions (B)(2) and (D) of this section, as they
relate to the operation of a school operated by the district. The
state board shall adopt standards for the approval or disapproval
of waivers under this division. The state superintendent shall
consider every application for a waiver, and shall determine
whether to grant or deny a waiver in accordance with the state
board's standards. For each waiver granted, the state
superintendent shall specify the period of time during which the
waiver is in effect, which shall not exceed five years. A district
board may apply to renew a waiver.
Sec. 3301.078. (A) No official or board of this state,
whether appointed or elected, shall enter into any agreement or
memorandum of understanding with any federal or private entity
that would require the state to cede any measure of control over
the development, adoption, or revision of academic content
standards.
(B) The state board of education shall not adopt, and the
department of education shall not implement, the academic content
standards for English language arts and mathematics developed by
the common core state standards initiative or any similar
initiative process or program. Nor shall the state board use the
partnership for assessment of readiness for college and careers
(PARCC), the smarter balanced assessment, or any other assessments
related to or based on the common core state standards.
Any actions taken to adopt or implement the common core state
standards as of the effective date of this section are void.
(C)(1) No official of this state, whether appointed or
elected, shall join on behalf of the state or a state agency any
consortium, association, or other entity when such membership
would require the state or a school district board to cede any
measure of control over education, including academic content
standards and assessments of such standards.
(2) Any academic content standards adopted by the state board
shall be limited to the subject areas prescribed under division
(A) of section 3301.079 of the Revised Code.
(D) Notwithstanding anything in the Revised Code to the
contrary, no state funds shall be withheld from a school district
or school for failure to adopt or use the state academic content
standards or the state assessments.
(E) If the United States department of education requires as
a condition of a federal education grant that the grant recipient
provide personally identifiable information of students or
teachers, the grant recipient shall provide aggregate data only.
The grant recipient shall not release personally identifiable
information without informed written consent of the student's
parent or guardian or of the teacher.
Sec. 3301.079. (A)(1) The Not later than June 30, 2016,
subject to division (A) of section 3301.0718 of the Revised Code,
the state board of education
periodically shall adopt new
statewide academic content standards with emphasis on for each of
grades kindergarten through twelve in English language arts,
mathematics, science, and social studies that are distinct and
independent from the standards previously adopted by the state
board pursuant to this section as it was amended by Am. Sub. H.B.
1 of the 128th general assembly. The new standards shall emphasize
coherence, focus, and essential knowledge, and rigor and that are
shall be more challenging and demanding when compared to
international standards for each of grades kindergarten through
twelve in English language arts, mathematics, science, and social
studies.
(a) The state board shall ensure that the standards do all of
the following:
(i) Include the essential academic content and skills that
students are expected to know and be able to do at each grade
level that will allow each student to be prepared for
postsecondary instruction and the workplace for success in the
twenty-first century;
(ii) Include the development of skill sets that promote
information, media, and technological literacy;
(iii) Include interdisciplinary, project-based, real-world
learning opportunities;
(iv) Instill life-long learning by providing essential
knowledge and skills based in the liberal arts tradition, as well
as science, technology, engineering, mathematics, and
career-technical education;
(v) Be clearly written, transparent, and understandable by
parents, educators, and the general public. The new academic
content standards shall be designed to teach the competencies for
which students shall be tested under sections 3301.0710 and
3301.0712 of the Revised Code, and shall be designed to prepare
all students for active citizenship, employment, or successful
completion of post-secondary education without the need for
remedial coursework at the post-secondary level.
(i) The standards for English language arts shall require the
use of English phonograms and all of their sounds, using
traditional phonics; include significant instruction in English
grammar; require that at least eighty per cent of English study
focus on imaginative literature; require that at least eighty per
cent of literary works taught in grades eight through twelve be
complete works of classic British and American authors published
prior to 1970; and require a choice of literary works to be
studied solely on the basis of literary merit rather than
popularity or political considerations.
(ii) The standards for mathematics shall require a mastery of
the standard algorithm; require fluency with addition and
subtraction of multi-digit whole numbers using the standard
algorithms by third grade; require fluency with arithmetic
operations on decimals and multiplication and division of
multi-digit numbers using the standard algorithms by fifth grade;
prepare students to take the first authentic Algebra I course by
eighth grade; and include a traditional Euclidean geometry course.
(iii) The standards in science shall be based in core
existing disciplines of biology, chemistry, and physics;
incorporate grade-level mathematics and be referenced to the
mathematics standards; focus on academic and scientific knowledge
rather than scientific processes; and prohibit political or
religious interpretation of scientific facts in favor of another.
(iv) The standards in social studies shall incorporate the
original texts and the original context of the declaration of
independence, the northwest ordinance, the constitution of the
United States and its amendments with emphasis on the bill of
rights; incorporate the Ohio constitution; define the United
States of America as a constitutional republic; be based on
acquisition of real knowledge of major individuals and events;
require the study of world and American geography; and prohibit a
specific political or religious interpretation of the standards'
content.
(b) Not later than July 1, 2012, the state board shall
incorporate into the social studies standards for grades four to
twelve academic content regarding the original texts of the
Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and
their original context. The state board shall revise the model
curricula and achievement assessments adopted under divisions (B)
and (C) of this section as necessary to reflect the additional
American history and American government content. The state board
shall make available a list of suggested grade-appropriate
supplemental readings that place the documents prescribed by this
division in their historical context, which teachers may use as a
resource to assist students in reading the documents within that
context.
(c) When the state board adopts or revises academic content
standards in social studies, American history, American
government, or science under division (A)(1) of this section, the
state board shall develop such standards independently and not as
part of a multistate consortium.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in technology, financial literacy
and entrepreneurship, fine arts, and foreign language for grades
kindergarten through twelve. The standards shall meet the same
requirements prescribed in division (A)(1)(a) of this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
The department of education shall employ a full-time physical
education coordinator to provide guidance and technical assistance
to districts, community schools, and STEM schools in implementing
the physical education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been completed for any
subject area required by this section, the state board shall
inform all school districts, all community schools established
under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the content of those standards. Additionally, upon completion
of any academic standards under this section, the department shall
post those standards on the department's web site.
Nothing in this section requires any school district to
utilize all or any part of the academic content standards adopted
under this section.
(B)(1) The state board shall adopt a model curriculum for
instruction in each subject area for which updated academic
standards are required by division (A)(1) of this section and for
each of grades kindergarten through twelve that is sufficient to
meet the needs of students in every community. The model
curriculum shall be aligned with the standards, to ensure that the
academic content and skills specified for each grade level are
taught to students, and shall demonstrate vertical articulation
and emphasize coherence, focus, and rigor. When any model
curriculum has been completed, the state board shall inform all
school districts, community schools, and STEM schools of the
content of that model curriculum.
(2) Not later than June 30, 2013, the state board, in
consultation with any office housed in the governor's office that
deals with workforce development, shall adopt model curricula for
grades kindergarten through twelve that embed career connection
learning strategies into regular classroom instruction.
(3) All school districts, community schools, and STEM schools
may utilize the state standards and the model curriculum
established by the state board, together with other relevant
resources, examples, or models to ensure that students have the
opportunity to attain the academic standards. Upon request, the
department shall provide technical assistance to any district,
community school, or STEM school in implementing the model
curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
section.
(C) The state board shall develop achievement assessments
aligned with the academic standards and model curriculum for each
of the subject areas and grade levels required by divisions (A)(1)
and (B)(1) of section 3301.0710 of the Revised Code.
When any achievement assessment has been completed, the state
board shall inform all school districts, community schools, STEM
schools, and nonpublic schools required to administer the
assessment of its completion, and the department shall make the
achievement assessment available to the districts and schools.
(D)(1) The state board shall adopt a diagnostic assessment
aligned with the academic standards and model curriculum for each
of grades kindergarten through two in reading, writing, and
mathematics and for grade three in reading and writing. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills
for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted
students. Blank copies of diagnostic assessments shall be public
records.
(2) When each diagnostic assessment has been completed, the
state board shall inform all school districts of its completion
and the department shall make the diagnostic assessment available
to the districts at no cost to the district. School districts
shall administer the diagnostic assessment pursuant to section
3301.0715 of the Revised Code beginning the first school year
following the development of the assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department consults with
persons for the purpose of drafting or reviewing any standards,
diagnostic assessments, achievement assessments, or model
curriculum required under this section, the state board or the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable,
the state board and department shall consult with teachers
recognized as outstanding in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required by
this section, the department shall ensure the interchangeability
of those assessments.
(G) Whenever the state board adopts standards or model
curricula under this section, the department also shall provide
information on the use of blended or digital learning in the
delivery of the standards or curricula to students in accordance
with division (A)(4) of this section.
(H) The fairness sensitivity review committee, established by
rule of the state board of education, shall not allow any question
on any achievement or diagnostic assessment developed under this
section or any proficiency test prescribed by former section
3301.0710 of the Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire as to
individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(I)(1)(a) The English language arts academic standards review
committee is hereby created to review academic content standards
in the subject of English language arts. The committee shall
consist of the following members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the president of the
senate;
(iii) One educator who is currently teaching in a classroom,
appointed by the speaker of the house of representatives;
(iv) The chancellor of the Ohio board of regents, or the
chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(b) The mathematics academic standards review committee is
hereby created to review academic content standards in the subject
of mathematics. The committee shall consist of the following
members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the speaker of the
house of representatives;
(iii) One educator who is currently teaching in a classroom,
appointed by the president of the senate;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(c) The science academic standards review committee is hereby
created to review academic content standards in the subject of
science. The committee shall consist of the following members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the president of the
senate;
(iii) One educator who is currently teaching in a classroom,
appointed by the speaker of the house of representatives;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(d) The social studies academic standards review committee is
hereby created to review academic content standards in the subject
of social studies. The committee shall consist of the following
members:
(i) Three experts who are residents of this state and who
primarily conduct research, provide instruction, currently work
in, or possess an advanced degree in the subject area. One expert
shall be appointed by each of the president of the senate, the
speaker of the house of representatives, and the governor;
(ii) One parent or guardian appointed by the speaker of the
house of representatives;
(iii) One educator who is currently teaching in a classroom,
appointed by the president of the senate;
(iv) The chancellor, or the chancellor's designee;
(v) The state superintendent, or the superintendent's
designee, who shall serve as the chairperson of the committee.
(2)(a) Each committee created in division (I)(1) of this
section shall review the academic content standards for its
respective subject area to ensure that such standards are clear,
concise, and appropriate for each grade level and promote higher
student performance, learning, subject matter comprehension, and
improved student achievement. Each committee also shall review
whether the standards for its respective subject area promote
essential knowledge in the subject, lifelong learning, the liberal
arts tradition, and college and career readiness and whether the
standards reduce remediation.
(b) Each committee shall determine whether the assessments
submitted to that committee under division (I)(4) of this section
are appropriate for the committee's respective subject area and
meet the academic content standards adopted under this section and
community expectations.
(3) The department of education shall provide administrative
support for each committee created in division (I)(1) of this
section. Members of each committee shall be reimbursed for
reasonable and necessary expenses related to the operations of the
committee. Members of each committee shall serve at the pleasure
of the appointing authority.
(4) Notwithstanding anything to the contrary in division (N)
of section 3301.0711 of the Revised Code, the department shall
submit to the appropriate committee created under division (I)(1)
of this section copies of the questions and corresponding answers
on the relevant assessments required by section 3301.0710 of the
Revised Code on the first day of July following the school year
that the assessments were administered. The department shall
provide each committee with the entire content of each relevant
assessment, including corresponding answers.
The assessments received by the committees are not public
records of the committees and are not subject to release by the
committees to any other person or entity under section 149.43 of
the Revised Code. However, the assessments shall become public
records in accordance with division (N) of section 3301.0711 of
the Revised Code.
(J) Not later than forty-five days prior to the adoption by
the state board of updated academic standards under division
(A)(1) of this section or updated model curricula under division
(B)(1) of this section, the superintendent of public instruction
shall present the academic standards or model curricula, as
applicable, to the respective committees of the house of
representatives and senate that consider education legislation.
(K) As used in this section:
(1) "Blended learning" means the delivery of instruction in a
combination of time in a supervised physical location away from
home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning.
(2) "Coherence" means a reflection of the structure of the
discipline being taught.
(3) "Digital learning" means learning facilitated by
technology that gives students some element of control over time,
place, path, or pace of learning.
(4) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(5) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
(6) "Rigor" means requiring a high degree of academic content
knowledge appropriate to the subject and grade level.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in division (B) of this section to
assess whether each student upon graduating from high school is
ready to enter college or the workforce. Beginning with students
who enter the ninth grade for the first time on or after July 1,
2014, the system shall replace the Ohio graduation tests
prescribed in division (B)(1) of section 3301.0710 of the Revised
Code as a measure of student academic performance and one
determinant of eligibility for a high school diploma in the manner
prescribed by rule of the state board adopted under division (D)
of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally norm-referenced and standardized assessment
that measures college and career readiness, is used for college
admission, and includes components in English, mathematics,
science, and social studies. The assessment shall be selected
jointly by the state superintendent and the chancellor. The
assessment prescribed under division (B)(1) of this section shall
be administered to all eleventh-grade students.
(2) Seven end-of-course A series of examinations, one in each
of the areas of English language arts I, English language arts II,
mathematics,
physical science, Algebra I, geometry, American
history, and American government. The end-of-course examinations
shall be selected jointly by the state superintendent and the
chancellor in consultation with faculty in the appropriate subject
areas at institutions of higher education of the university system
of Ohio. Advanced placement examinations, international
baccalaureate examinations, and dual enrollment or advanced
standing program examinations, as prescribed under section
3313.6013 of the Revised Code, in the areas of physical science,
American history, and American government may be used as
end-of-course examinations in accordance with division (B)(4)(a)
of this section.
(3)(a) Not later than July 1, 2013, each school district
board of education shall adopt interim end-of-course examinations
that comply with the requirements of divisions (B)(3)(b)(i) and
(ii) of this section to assess mastery of American history and
American government standards adopted under division (A)(1)(b) of
section 3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code. Each high
school of the district shall use the interim examinations until
the state superintendent and chancellor select end-of-course
examinations in American history and American government under
division (B)(2) of this section.
(b) Not later than July 1, 2014, the state superintendent and
the chancellor shall select the end-of-course examinations in
American history and American government.
(i) The end-of-course examinations in American history and
American government shall require demonstration of mastery of the
American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
(ii) At least twenty per cent of the end-of-course
examination in American government shall address the topics on
American history and American government described in division (M)
of section 3313.603 of the Revised Code.
(4)(a) Notwithstanding anything to the contrary in this
section, beginning with the 2014-2015 school year, if a student is
enrolled in an advanced placement or international baccalaureate
course or is enrolled under any other dual enrollment or advanced
standing program that student shall take the advanced placement or
international baccalaureate examination or applicable examination
under dual enrollment or advanced standing in lieu of the physical
science, American history, or American government end-of-course
examinations prescribed under division (B)(2) of this section. The
state board shall specify the score levels for each advanced
placement examination, international baccalaureate examination,
and examination required under other dual enrollment or advanced
standing programs for purposes of calculating the minimum
cumulative performance score that demonstrates the level of
academic achievement necessary to earn a high school diploma.
(b) No student shall take a substitute examination or
examination prescribed under division (B)(4)(a) of this section in
place of the end-of-course examinations in English language arts
I, English language arts II, Algebra I, or geometry prescribed
under division (B)(2) of this section.
(c) The state board shall consider additional assessments
that may be used, beginning with the 2016-2017 school year, as
substitute examinations in lieu of the end-of-course examinations
prescribed under division (B)(2) of this section.
(5)(a) The state board shall determine and designate at least
five ranges of scores on each of the end-of-course examinations
prescribed under division (B)(2) of this section, and substitute
examinations prescribed under division (B)(4) of this section.
Each range of scores shall be considered to demonstrate a level of
achievement so that any student attaining a score within such
range has achieved one of the following:
(i) An advanced level of skill;
(ii) An accelerated level of skill;
(iii) A proficient level of skill;
(iv) A basic level of skill;
(v) A limited level of skill.
(b) Determine a method by which to calculate a cumulative
performance score based on the results of a student's
end-of-course examinations or substitute examinations;
(c) Determine the minimum cumulative performance score that
demonstrates the level of academic achievement necessary to earn a
high school diploma;
(d) Develop a table of corresponding score equivalents for
the end-of-course examinations and substitute examinations in
order to calculate student performance consistently across the
different examinations.
(6) Any student who received high school credit prior to July
1, 2014, for a course for which an end-of-course examination is
prescribed by division (B)(2) of this section shall not be
required to take that end-of-course examination. Receipt of credit
for that course shall satisfy the requirement to take the
end-of-course examination.
(7)(a) Notwithstanding anything to the contrary in this
section, the state board may replace the algebra I end-of-course
examination prescribed under division (B)(2) of this section with
an algebra II end-of-course examination, beginning with the
2016-2017 school year for students who enter ninth grade on or
after July 1, 2016.
(b) If the state board replaces the algebra I end-of-course
examination with an algebra II end-of-course examination as
authorized under division (B)(7)(a) of this section, a student who
is enrolled in an advanced placement or international
baccalaureate course in algebra II or is enrolled under any other
dual enrollment or advanced standing program in algebra II shall
take the advanced placement or international baccalaureate
examination or applicable examination under dual enrollment or
advanced standing in lieu of the algebra II end-of-course
examination.
(C) The state board shall convene a group of national
experts, state experts, and local practitioners to provide advice,
guidance, and recommendations for the alignment of standards and
model curricula to the assessments and in the design of the
end-of-course examinations prescribed by this section.
(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person shall meet the requirements
of the entire assessment system as a prerequisite for a diploma of
adult education under section 3313.611 of the Revised Code;
(3) Whether and the extent to which a person may be excused
from an American history end-of-course examination and an American
government end-of-course examination under division (H) of section
3313.61 and division (B)(3) of section 3313.612 of the Revised
Code;
(4) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall meet the requirements of the
entire assessment system as a prerequisite for a high school
diploma under division (B) of section 3313.614 of the Revised
Code;
(5) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
(E) Not later than forty-five days prior to the state board's
adoption of a resolution directing the department of education to
file the rules prescribed by division (D) of this section in final
form under section 119.04 of the Revised Code, the superintendent
of public instruction shall present the assessment system
developed under this section to the respective committees of the
house of representatives and senate that consider education
legislation.
(F)(1) Any person enrolled in a nonchartered nonpublic school
or any person who has been excused from attendance at school for
the purpose of home instruction under section 3321.04 of the
Revised Code may choose to participate in the system of
assessments administered under divisions (B)(1) and (2) of this
section. However, no such person shall be required to participate
in the system of assessments.
(2) The department shall adopt rules for the administration
and scoring of any assessments under division (F)(1) of this
section.
(G) Not later than December 31, 2014, the state board shall
select at least one nationally recognized job skills assessment.
Each school district shall administer that assessment to those
students who opt to take it. The state shall reimburse a school
district for the costs of administering that assessment. The state
board shall establish the minimum score a student must attain on
the job skills assessment in order to demonstrate a student's
workforce readiness and employability. The administration of the
job skills assessment to a student under this division shall not
exempt a school district from administering the assessments
prescribed in division (B) of this section to that student.
Sec. 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;
(5) Standards to provide strict safeguards to protect the
confidentiality of personally identifiable student data.
(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.
Access to the information shall be restricted to the fulfillment
of contractual obligations to process data on behalf of the school
district. Such contract shall include a stipulation that the
personally identifiable information shall not be shared with
additional parties. 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.
(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. 3301.0718. (A) The state board of education shall not
adopt or revise any academic content standards in the areas of
English language arts, mathematics, science, or social studies
until both of the following conditions are satisfied:
(1) The proposed standards or revisions are approved by both
houses of the general assembly by concurrent resolution. The
standing committee having jurisdiction over education legislation
in each house shall conduct at least one public hearing on the
proposed standards or revisions.
(2) The proposed standards or revisions for each subject area
are approved by the appropriate subcommittee established under
division (D)(4) of this section.
(B) The state board of education shall not adopt or revise
any standards or curriculum in the area of health unless, by
concurrent resolution, the standards, curriculum, or revisions are
approved by both houses of the general assembly. Before the house
of representatives or senate votes on a concurrent resolution
approving health standards, curriculum, or revisions, its standing
committee having jurisdiction over education legislation shall
conduct at least one public hearing on the standards, curriculum,
or revisions.
(C) The academic content standards steering committee is
hereby established.
Prior to submitting academic content standards to the general
assembly for approval as required under division (A) of this
section, the state board shall propose any new or revised
standards to the academic content standards steering committee.
Meetings of the committee and its subcommittees shall be open
to the public.
The committee shall be composed of thirteen members as
follows:
(1) The governor, or the governor's designee;
(2) Six members appointed by the president of the senate, of
whom not more than one may be a member of the senate;
(3) Six members appointed by the speaker of the house of
representatives, of whom not more than one may be a member of the
house of representatives.
In appointing members under divisions (C)(2) and (3) of this
section, consideration shall be given to the appointment of
parents of students enrolled in Ohio schools; primary and
secondary education teachers; and curriculum experts, provosts,
chairs, and deans of state institutions of higher education.
(D) The committee established under division (C) of this
section shall do the following:
(1) Determine a chair and co-chair of the committee;
(2) Appoint four individuals to oversee the development of
the standards documents, each of whom shall understand and be able
to use subject-specific symbols. The department of education and
the state board may provide assistance to these individuals.
(3) Contract, if necessary, with an individual who has a
national reputation in the areas of academic content standards and
assessments to facilitate the work of the committee;
(4) Establish a subcommittee in each of the areas of
mathematics, English language arts, science, and social studies,
and select, by a majority vote of all committee members, a
chairperson for each subcommittee.
(a) The chair of each subcommittee shall be an instructor or
professor in a related subject area at a state institution of
higher education. Other members of the subcommittee shall be
teachers with at least ten years of teaching experience, and may
be nominated by the superintendent of their employing school
district. The state board shall select the individuals to serve as
members on each subcommittee. Not more than five members shall
serve on a subcommittee. A school librarian, nominated by the Ohio
library council, may provide assistance to the English language
arts subcommittee. An engineer, nominated by one of the state's
engineering organizations, may provide assistance to the
mathematics subcommittee and the science subcommittee.
(b) Each subcommittee shall approve or disapprove the
academic content standards for its respective subject area. Each
subcommittee shall obtain from teachers comments on the
appropriateness and wording of the proposed academic content
standards for each grade and, if necessary, offer revisions on the
proposed standards. The comments shall be recorded by an
individual appointed under division (D)(2) of this section.
Sec. 3313.61. (A) A diploma shall be granted by the board of
education of any city, exempted village, or local school district
that operates a high school to any person to whom all of the
following apply:
(1) The person has successfully completed the curriculum in
any high school or the individualized education program developed
for the person by any high school pursuant to section 3323.08 of
the Revised Code, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to July 1,
2014, the person either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division unless the person
was excused from taking any such assessment pursuant to section
3313.532 of the Revised Code or unless division (H) or (L) of this
section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1,
2014, the person has met the requirement prescribed by section
3313.618 of the Revised Code, except to the extent that the person
is excused from an assessment prescribed by that section pursuant
to section 3313.532 of the Revised Code or division (H) or (L) of
this section.
(3) The person is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of
this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, an honors diploma shall be granted, in accordance with
rules of the state board, by any such district board to anyone who
accomplishes all of the following:
(1) Successfully completes the curriculum in any high school
or the individualized education program developed for the person
by any high school pursuant to section 3323.08 of the Revised
Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to July 1,
2014, the person either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1,
2014, the person has met the requirement prescribed under section
3313.618 of the Revised Code.
(3) Has met additional criteria established by the state
board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is
subject to the requirements prescribed in division (C) of section
3313.603 of the Revised Code but elects the option of division (D)
or (F) of that section. Except as provided in divisions (C), (E),
and (J) of this section, no honors diploma shall be granted to
anyone failing to comply with this division and no more than one
honors diploma shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting of
honors diplomas under this division. These rules may prescribe the
granting of honors diplomas that recognize a student's achievement
as a whole or that recognize a student's achievement in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any case, the rules shall designate
two or more criteria for the granting of each type of honors
diploma the board establishes under this division and the number
of such criteria that must be met for the granting of that type of
diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of
criteria designated for that type and no one or more particular
criteria shall be required of all persons who are to be granted
that type of diploma.
(C) Any district board administering any of the assessments
required by section 3301.0710 of the Revised Code to any person
requesting to take such assessment pursuant to division (B)(8)(b)
of section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments administered and if the person
has previously attained the applicable scores on all the other
assessments required by division (B)(1) of that section or has
been exempted or excused from attaining the applicable score on
any such assessment pursuant to division (H) or (L) of this
section or from taking any such assessment pursuant to section
3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible under
state board of education minimum standards to receive a high
school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or
any political subdivision thereof, shall be granted such diploma
by the correctional institution operating the programs in which
such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to
the inmate's placement in the institution. The diploma granted by
the correctional institution shall be signed by the director of
the institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a diploma
by the correctional institution offering the program in which the
credits were earned. The diploma granted by the correctional
institution shall be signed by the director of the institution and
by the person serving as principal of the institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the assessments required by sections
3301.0710 and 3301.0712 of the Revised Code to inmates of
correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section
3301.0710 of the Revised Code, any American history end-of-course
examination and any American government end-of-course examination
required prescribed under division (B) of section 3301.0712 of the
Revised Code if such an exemption is prescribed by rule of the
state board under division (D)(3) of section 3301.0712 of the
Revised Code, or the test in citizenship designated under former
division (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to reside in the United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3313.611 of the Revised Code do not apply to the board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section
3325.08 or division (D) of section 3328.25 of the Revised Code
that a student has received a diploma under either section, the
board of education receiving the notice may grant a high school
diploma under this section to the student, except that such board
shall grant the student a diploma if the student meets the
graduation requirements that the student would otherwise have had
to meet to receive a diploma from the district. The diploma
granted under this section shall be of the same type the notice
indicates the student received under section 3325.08 or 3328.25 of
the Revised Code.
(K) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirement
prescribed by section 3313.618 of the Revised Code, shall be
awarded a diploma under this section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without meeting the requirement
prescribed by section 3313.618 of the Revised Code provided an
individualized education program specifically exempts the student
from meeting such requirement. This division does not negate the
requirement for a student to take the assessments prescribed by
section 3301.0710 or under division (B) of section 3301.0712 of
the Revised Code, or alternate assessments required by division
(C)(1) of section 3301.0711 of the Revised Code, for the purpose
of assessing student progress as required by federal law.
Sec. 3313.612. (A) No nonpublic school chartered by the
state board of education shall grant a high school diploma to any
person unless, subject to section 3313.614 of the Revised Code,
the person has met the assessment requirements of division (A)(1)
or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to July 1,
2014, the person has attained at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments required by that division, or
has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after July 1,
2014, the person has met the requirement prescribed by section
3313.618 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any person with regard to any assessment from which the
person was excused pursuant to division (C)(1)(c) of section
3301.0711 of the Revised Code;
(2) Any person that attends a nonpublic school acting in
accordance with division (D) of this section with regard to any
end-of-course examination required prescribed under divisions
division (B)(2) and (3) of section 3301.0712 of the Revised Code;
(3) Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised Code,
any American history end-of-course examination and any American
government end-of-course examination required prescribed under
division (B) of section 3301.0712 of the Revised Code if such an
exemption is prescribed by rule of the state board of education
under division (D)(3) of section 3301.0712 of the Revised Code, or
the citizenship test under former division (B) of section
3301.0710 of the Revised Code as it existed prior to September 11,
2001, if all of the following apply:
(a) The person is not a citizen of the United States;.
(b) The person is not a permanent resident of the United
States;.
(c) The person indicates no intention to reside in the United
States after completion of high school.
(C) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or met the requirement
prescribed by section 3313.618 of the Revised Code, shall be
awarded a diploma under this section.
(D) A nonpublic school chartered by the state board may forgo
the end-of-course examinations required prescribed by divisions
division (B)(2) and (3) of section 3301.0712 of the Revised Code,
if that school publishes the results of the standardized
assessment prescribed under division (B)(1) of section 3301.0712
of the Revised Code for each graduating class. The published
results shall include the overall composite scores, mean scores,
twenty-fifth percentile scores, and seventy-fifth percentile
scores for each subject area of the assessment.
(E) The state board shall not impose additional requirements
or assessments for the granting of a high school diploma under
this section that are not prescribed by this section.
(F) The department of education shall furnish the assessment
administered by a nonpublic school pursuant to division (B)(1) of
section 3301.0712 of the Revised Code.
(G) The exemption provided for in divisions (B)(2) and (D) of
this section shall be effective on and after October 1, 2015, but
only if the general assembly does not enact different requirements
regarding end-of-course examinations for chartered nonpublic
schools that are effective by that date.
Sec. 3313.618. (A) In addition to the applicable curriculum
requirements, each student entering ninth grade for the first time
on or after July 1, 2014, shall satisfy at least one of the
following conditions in order to qualify for a high school
diploma:
(1) Be remediation-free, in accordance with standards adopted
under division (F) of section 3345.061 of the Revised Code, on
each of the nationally standardized assessments in English,
mathematics, and reading;
(2) Attain a score specified under division (B)(5)(c) of
section 3301.0712 of the Revised Code by the state board of
education on the end-of-course examinations prescribed under
division (B)(2) of section 3301.0712 of the Revised Code. For any
student who is exempt from taking an end-of-course examination
under division (B)(6) of section 3301.0712 of the Revised Code, in
determining whether that student has attained the cumulative score
prescribed by division (B)(5)(c) of that section, that student
shall be considered to have attained a proficient score on the
exempted examination.
(3) Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the state board of education under division (G) of
section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential, as described under division
(B)(2)(d) of section 3302.03 of the Revised Code, or a license
issued by a state agency or board for practice in a vocation that
requires an examination for issuance of that license.
The state board shall approve the industry-recognized
credentials and licenses that may qualify a student for a high
school diploma under division (A)(3) of this section.
A student may choose to qualify for a high school diploma by
satisfying any of the separate requirements prescribed by
divisions (A)(1) to (3) of this section. If the student's school
district or school does not administer the examination prescribed
by one of those divisions that the student chooses to take to
satisfy the requirements of this section, the school district or
school may require that student to arrange for the applicable
scores to be sent directly to the district or school by the
company or organization that administers the examination.
(B) The state board of education shall not create or require
any additional assessment for the granting of any type of high
school diploma other than as prescribed by this section. The state
board shall not create any endorsement or designation that may be
affiliated with a high school diploma.
Sec. 3328.01. As used in this chapter:
(A) "Board of trustees" means the board of trustees
established for a college-preparatory boarding school in
accordance with section 3328.15 of the Revised Code.
(B) "Child with a disability," "IEP," and "school district of
residence" have the same meanings as in section 3323.01 of the
Revised Code.
(C) "Eligible student" means a student who is entitled to
attend school in a participating school district; is at risk of
academic failure; is from a family whose income is below two
hundred per cent of the federal poverty guidelines, as defined in
section 5101.46 of the Revised Code; meets any additional criteria
prescribed by agreement between the state board of education and
the operator of the college-preparatory boarding school in which
the student seeks enrollment; and meets at least two of the
following additional conditions:
(1) The student has a record of in-school disciplinary
actions, suspensions, expulsions, or truancy.
(2) The student has not attained at least a proficient score
on the state achievement assessments in English language arts,
reading, or mathematics prescribed under section 3301.0710 of the
Revised Code, after those assessments have been administered to
the student at least once, or the student has not attained at
least a score designated by the board of trustees of the
college-preparatory boarding school in which the student seeks
enrollment under this chapter on an end-of-course examination in
English language arts or mathematics prescribed under division
(B)(2) of section 3301.0712 of the Revised Code.
(3) The student is a child with a disability.
(4) The student has been referred for academic intervention
services.
(5) The student's head of household is a single parent. As
used in this division and in division (C)(6) of this section,
"head of household" means a person who occupies the same household
as the student and who is financially responsible for the student.
(6) The student's head of household is not the student's
custodial parent.
(7) A member of the student's family has been imprisoned, as
defined in section 1.05 of the Revised Code.
(D) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(E) "Formula ADM," "category one through six special
education ADM," and "state education aid" have the same meanings
as in section 3317.02 of the Revised Code.
(F) "Operator" means the operator of a college-preparatory
boarding school selected under section 3328.11 of the Revised
Code.
(G) "Participating school district" means either of the
following:
(1) The school district in which a college-preparatory
boarding school established under this chapter is located;
(2) A school district other than one described in division
(G)(1) of this section that, pursuant to procedures adopted by the
state board of education under section 3328.04 of the Revised
Code, agrees to be a participating school district so that
eligible students entitled to attend school in that district may
enroll in a college-preparatory boarding school established under
this chapter.
Section 2. That existing sections 3301.07, 3301.078,
3301.079, 3301.0712, 3301.0714, 3301.0718, 3313.61, 3313.612,
3313.618, and 3328.01 of the Revised Code are hereby repealed.
Section 3. That Section 9 of Am. Sub. H.B. 487 of the 130th
General Assembly is hereby repealed.
Section 4. (A) Notwithstanding anything to the contrary in
sections 3301.079 and 3301.0718 of the Revised Code, the State
Board of Education shall do the following not later than ninety
days after the effective date of this section:
(1) Replace the academic content standards in English
language arts, mathematics, science, and social studies adopted
under section 3301.079 of the Revised Code with new standards that
are consistent with the standards adopted by the Commonwealth of
Massachusetts as they existed prior to December 21, 2010. The
standards adopted under this section shall be as identical as
possible to those adopted by Massachusetts, except where an Ohio
context requires otherwise. The standards shall be effective for
the 2015-2016 and 2016-2017 school years only.
(2) Adopt or develop elementary- and secondary-level
assessments in English language arts, mathematics, science, and
social studies that are aligned with the academic content
standards adopted under division (A) of this section for use
during the 2015-2016 and 2016-2017 school years only.
(B) The State Board shall adopt the new academic content
standards required by section 3301.079 of the Revised Code, as
amended by this act, so that they are in place for the 2017-2018
school year and for each school year thereafter.
Section 5. Not later than June 30, 2017, the State Board of
Education shall adopt or develop elementary- and secondary-level
assessments in English language arts, mathematics, science, and
social studies that are aligned with the new academic content
standards required under section 3301.079 of the Revised Code, as
amended by this act, for use during the 2017-2018 school year and
each school year thereafter.
Section 6. (A) Upon the adoption of the new academic content
standards required under section 3301.079 of the Revised Code, as
amended by this act, the State Board of Education shall compare
those new academic content standards in English language arts,
mathematics, science, and social studies with the academic content
standards that were previously adopted pursuant to that section as
it was amended by Am. Sub. H.B. 1 of the 128th General Assembly.
The State Board shall consider public comments, the use of best
practices, evidence, and research in the evaluation and comparison
of the standards. The State Board shall submit, in accordance with
section 101.68 of the Revised Code, a report outlining the results
of the comparison of the standards to the General Assembly and the
Governor.
(B) Upon the adoption or development of the new assessments
required under Section 5 of this act, the Department of Education
shall compare those assessments with the Ohio Achievement
Assessments and the Ohio Graduation Tests prescribed for the
2013-2014 school year under divisions (A) and (B)(1) of section
3301.0710 of the Revised Code and with the assessments adopted
under division (A)(2) of Section 4 of this act. The Department
shall publish the comparison on its web site.
Section 7. It is the intent of this act that any assessment
related to the Partnership for Assessment of Readiness for College
and Careers (PARCC) or Smarter Balanced consortia shall not be
used for the 2014-2015 school year or any school year thereafter.
Section 8. For the 2014-2015 school year, the Department of
Education shall furnish and school districts and schools shall
administer the elementary and secondary assessments administered
for the 2013-2014 school year under section 3301.0710 of the
Revised Code.
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