Bill Text: OH SB237 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 237 (Prior Session Legislation)

Introduced

Bill Title: With respect to the Common Core Initiative academic standards, powers of the State Board of Education, and the distribution of student information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-11-13 - To Education [SB237 Detail]

Download: Ohio-2013-SB237-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 237

Senator Jordan

A BILL

To amend sections 3301.07 and 3301.0714 and to enact

section 3301.078 of the Revised Code with respect

to the Common Core Initiative academic standards,

powers of the State Board of Education, and the

distribution of student information.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3301.07 and 3301.0714 be amended and	6
section 3301.078 of the Revised Code be enacted to read as	7
follows:	8

Sec. 3301.07. The state board of education shall exercise	9
under the acts of the general assembly general supervision of the	10
system of public education in the state. In addition to the powers	11
otherwise imposed on the state board under the provisions of law,	12
the board shall have the powers described in this section.	13

(A) The state board shall exercise policy forming, planning,	14
and evaluative functions for the public schools of the state	15
except as otherwise provided by law.	16

(B)(1) The state board shall exercise leadership in the	17
improvement of public education in this state, and administer the	18
educational policies of this state relating to public schools, and	19
relating to instruction and instructional material, building and	20
equipment, transportation of pupils, administrative	21
responsibilities of school officials and personnel, and finance	22
and organization of school districts, educational service centers,	23
and territory. Consultative and advisory services in such matters	24
shall be provided by the board to school districts and educational	25
service centers of this state.	26

(2) The state board also shall develop a standard of	27
financial reporting which shall be used by each school district	28
board of education and each governing board of an educational	29
service center, each governing authority of a community school	30
established under Chapter 3314., each governing body of a STEM	31
school established under Chapter 3328., and each board of trustees	32
of a college-preparatory boarding school established under Chapter	33
3328. of the Revised Code to make its financial information and	34
annual budgets for each school building under its control	35
available to the public in a format understandable by the average	36
citizen. The format shall show, both at the district and at the	37
school building level, revenue by source; expenditures for	38
salaries, wages, and benefits of employees, showing such amounts	39
separately for classroom teachers, other employees required to	40
hold licenses issued pursuant to sections 3319.22 to 3319.31 of	41
the Revised Code, and all other employees; expenditures other than	42
for personnel, by category, including utilities, textbooks and	43
other educational materials, equipment, permanent improvements,	44
pupil transportation, extracurricular athletics, and other	45
extracurricular activities; and per pupil expenditures. The format	46
shall also include information on total revenue and expenditures,	47
per pupil revenue, and expenditures for both classroom and	48
nonclassroom purposes, as defined by the standards adopted under	49
section 3302.20 of the Revised Code in the aggregate and for each	50
subgroup of students, as defined by section 3317.40 of the Revised	51
Code, that receives services provided for by state or federal	52
funding.	53

(3) Each school district board, governing authority,	54
governing body, or board of trustees, or its respective designee,	55
shall annually report, to the department of education, all	56
financial information required by the standards for financial	57
reporting, as prescribed by division (B)(2) of this section and	58
adopted by the state board. The department shall make all reports	59
submitted pursuant to this division available in such a way that	60
allows for comparison between financial information included in	61
these reports and financial information included in reports	62
produced prior to July 1, 2013. The department shall post these	63
reports in a prominent location on its web site and shall notify	64
each school when reports are made available.	65

(C) The state board shall administer and supervise the	66
allocation and distribution of all state and federal funds for	67
public school education under the provisions of law, and may	68
prescribe such systems of accounting as are necessary and proper	69
to this function. It may require county auditors and treasurers,	70
boards of education, educational service center governing boards,	71
treasurers of such boards, teachers, and other school officers and	72
employees, or other public officers or employees, to file with it	73
such reports as it may prescribe relating to such funds, or to the	74
management and condition of such funds.	75

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	76
XLVII, and LI of the Revised Code a reference is made to standards	77
prescribed under this section or division (D) of this section,	78
that reference shall be construed to refer to the standards	79
prescribed under division (D)(2) of this section, unless the	80
context specifically indicates a different meaning or intent.	81

(2) The state board shall formulate and prescribe minimum	82
standards to be applied to all elementary and secondary schools in	83
this state for the purpose of providing children access to a	84
general education of high quality according to the learning needs	85
of each individual, including students with disabilities,	86
economically disadvantaged students, limited English proficient	87
students, and students identified as gifted. Such standards shall	88
provide adequately for: the licensing of teachers, administrators,	89
and other professional personnel and their assignment according to	90
training and qualifications; efficient and effective instructional	91
materials and equipment, including library facilities; the proper	92
organization, administration, and supervision of each school,	93
including regulations for preparing all necessary records and	94
reports and the preparation of a statement of policies and	95
objectives for each school; the provision of safe buildings,	96
grounds, health and sanitary facilities and services; admission of	97
pupils, and such requirements for their promotion from grade to	98
grade as will assure that they are capable and prepared for the	99
level of study to which they are certified; and requirements for	100
graduation~~; and such other factors as the board finds necessary~~.	101

The state board shall base any standards governing the	102
promotion of students or requirements for graduation on the	103
ability of students, at any grade level, to earn credits or	104
advance upon demonstration of mastery of knowledge and skills	105
through competency-based learning models. Credits of grade level	106
advancement shall not require a minimum number of days or hours in	107
a classroom.	108

The state board shall base any standards governing the	109
assignment of staff on ensuring each school has a sufficient	110
number of teachers to ensure a student has an appropriate level of	111
interaction to meet each student's personal learning goals.	112

In the formulation and administration of such standards for	113
nonpublic schools the board shall also consider the particular	114
needs, methods and objectives of those schools, provided they do	115
not conflict with the provision of a general education of a high	116
quality and provided that regular procedures shall be followed for	117
promotion from grade to grade of pupils who have met the	118
educational requirements prescribed.	119

(3) In addition to the minimum standards required by division	120
(D)(2) of this section, the state board may formulate and	121
prescribe the following additional minimum operating standards for	122
school districts:	123

(a) Standards for the effective and efficient organization,	124
administration, and supervision of each school district with a	125
commitment to high expectations for every student based on the	126
learning needs of each individual, including students with	127
disabilities, economically disadvantaged students, limited English	128
proficient students, and students identified as gifted, and	129
commitment to closing the achievement gap without suppressing the	130
achievement levels of higher achieving students so that all	131
students achieve core knowledge and skills in accordance with the	132
statewide academic standards adopted under section 3301.079 of the	133
Revised Code;	134

(b) Standards for the establishment of business advisory	135
councils under section 3313.82 of the Revised Code;	136

(c) Standards for school district buildings that may require	137
the effective and efficient organization, administration, and	138
supervision of each school district building with a commitment to	139
high expectations for every student based on the learning needs of	140
each individual, including students with disabilities,	141
economically disadvantaged students, limited English proficient	142
students, and students identified as gifted, and commitment to	143
closing the achievement gap without suppressing the achievement	144
levels of higher achieving students so that all students achieve	145
core knowledge and skills in accordance with the statewide	146
academic standards adopted under section 3301.079 of the Revised	147
Code.	148

(E) The state board may require as part of the health	149
curriculum information developed under section 2108.34 of the	150
Revised Code promoting the donation of anatomical gifts pursuant	151
to Chapter 2108. of the Revised Code and may provide the	152
information to high schools, educational service centers, and	153
joint vocational school district boards of education;	154

(F) The state board shall prepare and submit annually to the	155
governor and the general assembly a report on the status, needs,	156
and major problems of the public schools of the state, with	157
recommendations for necessary legislative action and a ten-year	158
projection of the state's public and nonpublic school enrollment,	159
by year and by grade level.	160

(G) The state board shall prepare and submit to the director	161
of budget and management the biennial budgetary requests of the	162
state board of education, for its agencies and for the public	163
schools of the state.	164

(H) The state board shall cooperate with federal, state, and	165
local agencies concerned with the health and welfare of children	166
and youth of the state.	167

(I) The state board shall require such reports from school	168
districts and educational service centers, school officers, and	169
employees as are necessary and desirable. The superintendents and	170
treasurers of school districts and educational service centers	171
shall certify as to the accuracy of all reports required by law or	172
state board or state department of education rules to be submitted	173
by the district or educational service center and which contain	174
information necessary for calculation of state funding. Any	175
superintendent who knowingly falsifies such report shall be	176
subject to license revocation pursuant to section 3319.31 of the	177
Revised Code.	178

(J) In accordance with Chapter 119. of the Revised Code, the	179
state board shall adopt procedures, standards, and guidelines for	180
the education of children with disabilities pursuant to Chapter	181
3323. of the Revised Code, including procedures, standards, and	182
guidelines governing programs and services operated by county	183
boards of developmental disabilities pursuant to section 3323.09	184
of the Revised Code.	185

(K) For the purpose of encouraging the development of special	186
programs of education for academically gifted children, the state	187
board shall employ competent persons to analyze and publish data,	188
promote research, advise and counsel with boards of education, and	189
encourage the training of teachers in the special instruction of	190
gifted children. The board may provide financial assistance out of	191
any funds appropriated for this purpose to boards of education and	192
educational service center governing boards for developing and	193
conducting programs of education for academically gifted children.	194

(L) The state board shall require that all public schools	195
emphasize and encourage, within existing units of study, the	196
teaching of energy and resource conservation as recommended to	197
each district board of education by leading business persons	198
involved in energy production and conservation, beginning in the	199
primary grades.	200

(M) The state board shall formulate and prescribe minimum	201
standards requiring the use of phonics as a technique in the	202
teaching of reading in grades kindergarten through three. In	203
addition, the state board shall provide in-service training	204
programs for teachers on the use of phonics as a technique in the	205
teaching of reading in grades kindergarten through three.	206

(N) The state board may adopt rules necessary for carrying	207
out any function imposed on it by law, and may provide rules as	208
are necessary for its government and the government of its	209
employees, and may delegate to the superintendent of public	210
instruction the management and administration of any function	211
imposed on it by law. It may provide for the appointment of board	212
members to serve on temporary committees established by the board	213
for such purposes as are necessary. Permanent or standing	214
committees shall not be created.	215

(O) Upon application from the board of education of a school	216
district, the superintendent of public instruction may issue a	217
waiver exempting the district from compliance with the standards	218
adopted under divisions (B)(2) and (D) of this section, as they	219
relate to the operation of a school operated by the district. The	220
state board shall adopt standards for the approval or disapproval	221
of waivers under this division. The state superintendent shall	222
consider every application for a waiver, and shall determine	223
whether to grant or deny a waiver in accordance with the state	224
board's standards. For each waiver granted, the state	225
superintendent shall specify the period of time during which the	226
waiver is in effect, which shall not exceed five years. A district	227
board may apply to renew a waiver.	228

Sec. 3301.078. (A) The state board of education shall not	229
adopt, and the department of education shall not implement, the	230
academic content standards for English language arts and	231
mathematics developed by the common core standards initiative or	232
any similar initiative process or program. Nor shall the state	233
board use the partnership for assessment of readiness for college	234
and careers (PARCC), the smarter balanced assessment, or any other	235
assessments related to or based on the common core standards.	236

Any actions taken to adopt or implement the common core state	237
standards as of the effective date of this section are void.	238

(B)(1) A school district board of education shall be the sole	239
authority for adopting academic content standards that exceed the	240
standards adopted by the state board under section 3301.079 of the	241
Revised Code. No official of this state, whether appointed or	242
elected, shall join on behalf of the state or a state agency any	243
consortium, association, or other entity when such membership	244
would require the state or a school district board to cede any	245
measure of control over education, including academic content	246
standards and assessments of such standards.	247

(2) The state board shall provide a minimum of ninety days	248
public notice of any proposed adoption or revision of academic	249
content standards on the department of education's web site. The	250
state board shall request comments on the proposed changes from	251
the general public, including parents, teachers, experts on	252
academic content standards, representatives of political,	253
educational, and faith-based organizations, and nonpartisan policy	254
institutes.	255

The state board shall not adopt or revise any statewide	256
academic content standards until the state board holds a public	257
hearing in each congressional district in the state. The state	258
board shall post notice of each hearing on the department's web	259
site and in a newspaper of general circulation in the respective	260
congressional district.	261

(3) Any academic content standards adopted by the state board	262
shall be limited to the subject areas prescribed under division	263
(A) of section 3301.079 of the Revised Code.	264

(C) Notwithstanding anything in the Revised Code to the	265
contrary, no state funds shall be withheld from a school district	266
or school for failure to adopt or use the state academic content	267
standards or the state assessments.	268

(D) If the United States department of education requires as	269
a condition of a federal education grant that the grant recipient	270
provide personally identifiable information of students or	271
teachers, the grant recipient shall provide aggregate data only.	272
The grant recipient shall not release personally identifiable	273
information without informed written consent of the student's	274
parent or guardian or of the teacher.	275

Sec. 3301.0714. (A) The state board of education shall adopt	276
rules for a statewide education management information system. The	277
rules shall require the state board to establish guidelines for	278
the establishment and maintenance of the system in accordance with	279
this section and the rules adopted under this section. The	280
guidelines shall include:	281

(1) Standards identifying and defining the types of data in	282
the system in accordance with divisions (B) and (C) of this	283
section;	284

(2) Procedures for annually collecting and reporting the data	285
to the state board in accordance with division (D) of this	286
section;	287

(3) Procedures for annually compiling the data in accordance	288
with division (G) of this section;	289

(4) Procedures for annually reporting the data to the public	290
in accordance with division (H) of this section.	291

(B) The guidelines adopted under this section shall require	292
the data maintained in the education management information system	293
to include at least the following:	294

(1) Student participation and performance data, for each	295
grade in each school district as a whole and for each grade in	296
each school building in each school district, that includes:	297

(a) The numbers of students receiving each category of	298
instructional service offered by the school district, such as	299
regular education instruction, vocational education instruction,	300
specialized instruction programs or enrichment instruction that is	301
part of the educational curriculum, instruction for gifted	302
students, instruction for students with disabilities, and remedial	303
instruction. The guidelines shall require instructional services	304
under this division to be divided into discrete categories if an	305
instructional service is limited to a specific subject, a specific	306
type of student, or both, such as regular instructional services	307
in mathematics, remedial reading instructional services,	308
instructional services specifically for students gifted in	309
mathematics or some other subject area, or instructional services	310
for students with a specific type of disability. The categories of	311
instructional services required by the guidelines under this	312
division shall be the same as the categories of instructional	313
services used in determining cost units pursuant to division	314
(C)(3) of this section.	315

(b) The numbers of students receiving support or	316
extracurricular services for each of the support services or	317
extracurricular programs offered by the school district, such as	318
counseling services, health services, and extracurricular sports	319
and fine arts programs. The categories of services required by the	320
guidelines under this division shall be the same as the categories	321
of services used in determining cost units pursuant to division	322
(C)(4)(a) of this section.	323

(c) Average student grades in each subject in grades nine	324
through twelve;	325

(d) Academic achievement levels as assessed under sections	326
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	327

(e) The number of students designated as having a disabling	328
condition pursuant to division (C)(1) of section 3301.0711 of the	329
Revised Code;	330

(f) The numbers of students reported to the state board	331
pursuant to division (C)(2) of section 3301.0711 of the Revised	332
Code;	333

(g) Attendance rates and the average daily attendance for the	334
year. For purposes of this division, a student shall be counted as	335
present for any field trip that is approved by the school	336
administration.	337

(h) Expulsion rates;

338

(i) Suspension rates;

339

(j) Dropout rates;

340

(k) Rates of retention in grade;

341

(l) For pupils in grades nine through twelve, the average	342
number of carnegie units, as calculated in accordance with state	343
board of education rules;	344

(m) Graduation rates, to be calculated in a manner specified	345
by the department of education that reflects the rate at which	346
students who were in the ninth grade three years prior to the	347
current year complete school and that is consistent with	348
nationally accepted reporting requirements;	349

(n) Results of diagnostic assessments administered to	350
kindergarten students as required under section 3301.0715 of the	351
Revised Code to permit a comparison of the academic readiness of	352
kindergarten students. However, no district shall be required to	353
report to the department the results of any diagnostic assessment	354
administered to a kindergarten student if the parent of that	355
student requests the district not to report those results.	356

(2) Personnel and classroom enrollment data for each school	357
district, including:	358

(a) The total numbers of licensed employees and nonlicensed	359
employees and the numbers of full-time equivalent licensed	360
employees and nonlicensed employees providing each category of	361
instructional service, instructional support service, and	362
administrative support service used pursuant to division (C)(3) of	363
this section. The guidelines adopted under this section shall	364
require these categories of data to be maintained for the school	365
district as a whole and, wherever applicable, for each grade in	366
the school district as a whole, for each school building as a	367
whole, and for each grade in each school building.	368

(b) The total number of employees and the number of full-time	369
equivalent employees providing each category of service used	370
pursuant to divisions (C)(4)(a) and (b) of this section, and the	371
total numbers of licensed employees and nonlicensed employees and	372
the numbers of full-time equivalent licensed employees and	373
nonlicensed employees providing each category used pursuant to	374
division (C)(4)(c) of this section. The guidelines adopted under	375
this section shall require these categories of data to be	376
maintained for the school district as a whole and, wherever	377
applicable, for each grade in the school district as a whole, for	378
each school building as a whole, and for each grade in each school	379
building.	380

(c) The total number of regular classroom teachers teaching	381
classes of regular education and the average number of pupils	382
enrolled in each such class, in each of grades kindergarten	383
through five in the district as a whole and in each school	384
building in the school district.	385

(d) The number of lead teachers employed by each school	386
district and each school building.	387

(3)(a) Student demographic data for each school district,	388
including information regarding the gender ratio of the school	389
district's pupils, the racial make-up of the school district's	390
pupils, the number of limited English proficient students in the	391
district, and an appropriate measure of the number of the school	392
district's pupils who reside in economically disadvantaged	393
households. The demographic data shall be collected in a manner to	394
allow correlation with data collected under division (B)(1) of	395
this section. Categories for data collected pursuant to division	396
(B)(3) of this section shall conform, where appropriate, to	397
standard practices of agencies of the federal government.	398

(b) With respect to each student entering kindergarten,	399
whether the student previously participated in a public preschool	400
program, a private preschool program, or a head start program, and	401
the number of years the student participated in each of these	402
programs.	403

(4) Any data required to be collected pursuant to federal	404
law.	405

(C) The education management information system shall include	406
cost accounting data for each district as a whole and for each	407
school building in each school district. The guidelines adopted	408
under this section shall require the cost data for each school	409
district to be maintained in a system of mutually exclusive cost	410
units and shall require all of the costs of each school district	411
to be divided among the cost units. The guidelines shall require	412
the system of mutually exclusive cost units to include at least	413
the following:	414

(1) Administrative costs for the school district as a whole.	415
The guidelines shall require the cost units under this division	416
(C)(1) to be designed so that each of them may be compiled and	417
reported in terms of average expenditure per pupil in formula ADM	418
in the school district, as determined pursuant to section 3317.03	419
of the Revised Code.	420

(2) Administrative costs for each school building in the	421
school district. The guidelines shall require the cost units under	422
this division (C)(2) to be designed so that each of them may be	423
compiled and reported in terms of average expenditure per	424
full-time equivalent pupil receiving instructional or support	425
services in each building.	426

(3) Instructional services costs for each category of	427
instructional service provided directly to students and required	428
by guidelines adopted pursuant to division (B)(1)(a) of this	429
section. The guidelines shall require the cost units under	430
division (C)(3) of this section to be designed so that each of	431
them may be compiled and reported in terms of average expenditure	432
per pupil receiving the service in the school district as a whole	433
and average expenditure per pupil receiving the service in each	434
building in the school district and in terms of a total cost for	435
each category of service and, as a breakdown of the total cost, a	436
cost for each of the following components:	437

(a) The cost of each instructional services category required	438
by guidelines adopted under division (B)(1)(a) of this section	439
that is provided directly to students by a classroom teacher;	440

(b) The cost of the instructional support services, such as	441
services provided by a speech-language pathologist, classroom	442
aide, multimedia aide, or librarian, provided directly to students	443
in conjunction with each instructional services category;	444

(c) The cost of the administrative support services related	445
to each instructional services category, such as the cost of	446
personnel that develop the curriculum for the instructional	447
services category and the cost of personnel supervising or	448
coordinating the delivery of the instructional services category.	449

(4) Support or extracurricular services costs for each	450
category of service directly provided to students and required by	451
guidelines adopted pursuant to division (B)(1)(b) of this section.	452
The guidelines shall require the cost units under division (C)(4)	453
of this section to be designed so that each of them may be	454
compiled and reported in terms of average expenditure per pupil	455
receiving the service in the school district as a whole and	456
average expenditure per pupil receiving the service in each	457
building in the school district and in terms of a total cost for	458
each category of service and, as a breakdown of the total cost, a	459
cost for each of the following components:	460

(a) The cost of each support or extracurricular services	461
category required by guidelines adopted under division (B)(1)(b)	462
of this section that is provided directly to students by a	463
licensed employee, such as services provided by a guidance	464
counselor or any services provided by a licensed employee under a	465
supplemental contract;	466

(b) The cost of each such services category provided directly	467
to students by a nonlicensed employee, such as janitorial	468
services, cafeteria services, or services of a sports trainer;	469

(c) The cost of the administrative services related to each	470
services category in division (C)(4)(a) or (b) of this section,	471
such as the cost of any licensed or nonlicensed employees that	472
develop, supervise, coordinate, or otherwise are involved in	473
administering or aiding the delivery of each services category.	474

(D)(1) The guidelines adopted under this section shall	475
require school districts to collect information about individual	476
students, staff members, or both in connection with any data	477
required by division (B) or (C) of this section or other reporting	478
requirements established in the Revised Code. The guidelines may	479
also require school districts to report information about	480
individual staff members in connection with any data required by	481
division (B) or (C) of this section or other reporting	482
requirements established in the Revised Code. The guidelines shall	483
not authorize school districts to request social security numbers	484
of individual students. The guidelines shall prohibit the	485
reporting under this section of a student's name, address, and	486
social security number to the state board of education or the	487
department of education. The guidelines shall also prohibit the	488
reporting under this section of any personally identifiable	489
information about any student, except for the purpose of assigning	490
the data verification code required by division (D)(2) of this	491
section, to any other person unless such person is employed by the	492
school district or the information technology center operated	493
under section 3301.075 of the Revised Code and is authorized by	494
the district or technology center to have access to such	495
information or is employed by an entity with which the department	496
contracts for the scoring or the development of state assessments.	497
Access to the information shall be restricted to the fulfillment	498
of contractual obligations to process data on behalf of the school	499
district. Such contract shall include a stipulation that the	500
personally identifiable information shall not be shared with	501
additional parties. The guidelines may require school districts to	502
provide the social security numbers of individual staff members	503
and the county of residence for a student. Nothing in this section	504
prohibits the state board of education or department of education	505
from providing a student's county of residence to the department	506
of taxation to facilitate the distribution of tax revenue.	507

(2)(a) The guidelines shall provide for each school district	508
or community school to assign a data verification code that is	509
unique on a statewide basis over time to each student whose	510
initial Ohio enrollment is in that district or school and to	511
report all required individual student data for that student	512
utilizing such code. The guidelines shall also provide for	513
assigning data verification codes to all students enrolled in	514
districts or community schools on the effective date of the	515
guidelines established under this section. The assignment of data	516
verification codes for other entities, as described in division	517
(D)(2)(c) of this section, the use of those codes, and the	518
reporting and use of associated individual student data shall be	519
coordinated by the department in accordance with state and federal	520
law.	521

School districts shall report individual student data to the	522
department through the information technology centers utilizing	523
the code. The entities described in division (D)(2)(c) of this	524
section shall report individual student data to the department in	525
the manner prescribed by the department.	526

Except as provided in sections 3301.941, 3310.11, 3310.42,	527
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	528
shall the state board or the department have access to information	529
that would enable any data verification code to be matched to	530
personally identifiable student data.	531

(b) Each school district and community school shall ensure	532
that the data verification code is included in the student's	533
records reported to any subsequent school district, community	534
school, or state institution of higher education, as defined in	535
section 3345.011 of the Revised Code, in which the student	536
enrolls. Any such subsequent district or school shall utilize the	537
same identifier in its reporting of data under this section.	538

(c) The director of any state agency that administers a	539
publicly funded program providing services to children who are	540
younger than compulsory school age, as defined in section 3321.01	541
of the Revised Code, including the directors of health, job and	542
family services, mental health and addiction services, and	543
developmental disabilities, shall request and receive, pursuant to	544
sections 3301.0723 and 3701.62 of the Revised Code, a data	545
verification code for a child who is receiving those services.	546

(E) The guidelines adopted under this section may require	547
school districts to collect and report data, information, or	548
reports other than that described in divisions (A), (B), and (C)	549
of this section for the purpose of complying with other reporting	550
requirements established in the Revised Code. The other data,	551
information, or reports may be maintained in the education	552
management information system but are not required to be compiled	553
as part of the profile formats required under division (G) of this	554
section or the annual statewide report required under division (H)	555
of this section.	556

(F) Beginning with the school year that begins July 1, 1991,	557
the board of education of each school district shall annually	558
collect and report to the state board, in accordance with the	559
guidelines established by the board, the data required pursuant to	560
this section. A school district may collect and report these data	561
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	562

(G) The state board shall, in accordance with the procedures	563
it adopts, annually compile the data reported by each school	564
district pursuant to division (D) of this section. The state board	565
shall design formats for profiling each school district as a whole	566
and each school building within each district and shall compile	567
the data in accordance with these formats. These profile formats	568
shall:	569

(1) Include all of the data gathered under this section in a	570
manner that facilitates comparison among school districts and	571
among school buildings within each school district;	572

(2) Present the data on academic achievement levels as	573
assessed by the testing of student achievement maintained pursuant	574
to division (B)(1)(d) of this section.	575

(H)(1) The state board shall, in accordance with the	576
procedures it adopts, annually prepare a statewide report for all	577
school districts and the general public that includes the profile	578
of each of the school districts developed pursuant to division (G)	579
of this section. Copies of the report shall be sent to each school	580
district.	581

(2) The state board shall, in accordance with the procedures	582
it adopts, annually prepare an individual report for each school	583
district and the general public that includes the profiles of each	584
of the school buildings in that school district developed pursuant	585
to division (G) of this section. Copies of the report shall be	586
sent to the superintendent of the district and to each member of	587
the district board of education.	588

(3) Copies of the reports received from the state board under	589
divisions (H)(1) and (2) of this section shall be made available	590
to the general public at each school district's offices. Each	591
district board of education shall make copies of each report	592
available to any person upon request and payment of a reasonable	593
fee for the cost of reproducing the report. The board shall	594
annually publish in a newspaper of general circulation in the	595
school district, at least twice during the two weeks prior to the	596
week in which the reports will first be available, a notice	597
containing the address where the reports are available and the	598
date on which the reports will be available.	599

(I) Any data that is collected or maintained pursuant to this	600
section and that identifies an individual pupil is not a public	601
record for the purposes of section 149.43 of the Revised Code.	602

(J) As used in this section:

603

(1) "School district" means any city, local, exempted	604
village, or joint vocational school district and, in accordance	605
with section 3314.17 of the Revised Code, any community school. As	606
used in division (L) of this section, "school district" also	607
includes any educational service center or other educational	608
entity required to submit data using the system established under	609
this section.	610

(2) "Cost" means any expenditure for operating expenses made	611
by a school district excluding any expenditures for debt	612
retirement except for payments made to any commercial lending	613
institution for any loan approved pursuant to section 3313.483 of	614
the Revised Code.	615

(K) Any person who removes data from the information system	616
established under this section for the purpose of releasing it to	617
any person not entitled under law to have access to such	618
information is subject to section 2913.42 of the Revised Code	619
prohibiting tampering with data.	620

(L)(1) In accordance with division (L)(2) of this section and	621
the rules adopted under division (L)(10) of this section, the	622
department of education may sanction any school district that	623
reports incomplete or inaccurate data, reports data that does not	624
conform to data requirements and descriptions published by the	625
department, fails to report data in a timely manner, or otherwise	626
does not make a good faith effort to report data as required by	627
this section.	628

(2) If the department decides to sanction a school district	629
under this division, the department shall take the following	630
sequential actions:	631

(a) Notify the district in writing that the department has	632
determined that data has not been reported as required under this	633
section and require the district to review its data submission and	634
submit corrected data by a deadline established by the department.	635
The department also may require the district to develop a	636
corrective action plan, which shall include provisions for the	637
district to provide mandatory staff training on data reporting	638
procedures.	639

(b) Withhold up to ten per cent of the total amount of state	640
funds due to the district for the current fiscal year and, if not	641
previously required under division (L)(2)(a) of this section,	642
require the district to develop a corrective action plan in	643
accordance with that division;	644

(c) Withhold an additional amount of up to twenty per cent of	645
the total amount of state funds due to the district for the	646
current fiscal year;	647

(d) Direct department staff or an outside entity to	648
investigate the district's data reporting practices and make	649
recommendations for subsequent actions. The recommendations may	650
include one or more of the following actions:	651

(i) Arrange for an audit of the district's data reporting	652
practices by department staff or an outside entity;	653

(ii) Conduct a site visit and evaluation of the district;

654

(iii) Withhold an additional amount of up to thirty per cent	655
of the total amount of state funds due to the district for the	656
current fiscal year;	657

(iv) Continue monitoring the district's data reporting;

658

(v) Assign department staff to supervise the district's data	659
management system;	660

(vi) Conduct an investigation to determine whether to suspend	661
or revoke the license of any district employee in accordance with	662
division (N) of this section;	663

(vii) If the district is issued a report card under section	664
3302.03 of the Revised Code, indicate on the report card that the	665
district has been sanctioned for failing to report data as	666
required by this section;	667

(viii) If the district is issued a report card under section	668
3302.03 of the Revised Code and incomplete or inaccurate data	669
submitted by the district likely caused the district to receive a	670
higher performance rating than it deserved under that section,	671
issue a revised report card for the district;	672

(ix) Any other action designed to correct the district's data	673
reporting problems.	674

(3) Any time the department takes an action against a school	675
district under division (L)(2) of this section, the department	676
shall make a report of the circumstances that prompted the action.	677
The department shall send a copy of the report to the district	678
superintendent or chief administrator and maintain a copy of the	679
report in its files.	680

(4) If any action taken under division (L)(2) of this section	681
resolves a school district's data reporting problems to the	682
department's satisfaction, the department shall not take any	683
further actions described by that division. If the department	684
withheld funds from the district under that division, the	685
department may release those funds to the district, except that if	686
the department withheld funding under division (L)(2)(c) of this	687
section, the department shall not release the funds withheld under	688
division (L)(2)(b) of this section and, if the department withheld	689
funding under division (L)(2)(d) of this section, the department	690
shall not release the funds withheld under division (L)(2)(b) or	691
(c) of this section.	692

(5) Notwithstanding anything in this section to the contrary,	693
the department may use its own staff or an outside entity to	694
conduct an audit of a school district's data reporting practices	695
any time the department has reason to believe the district has not	696
made a good faith effort to report data as required by this	697
section. If any audit conducted by an outside entity under	698
division (L)(2)(d)(i) or (5) of this section confirms that a	699
district has not made a good faith effort to report data as	700
required by this section, the district shall reimburse the	701
department for the full cost of the audit. The department may	702
withhold state funds due to the district for this purpose.	703

(6) Prior to issuing a revised report card for a school	704
district under division (L)(2)(d)(viii) of this section, the	705
department may hold a hearing to provide the district with an	706
opportunity to demonstrate that it made a good faith effort to	707
report data as required by this section. The hearing shall be	708
conducted by a referee appointed by the department. Based on the	709
information provided in the hearing, the referee shall recommend	710
whether the department should issue a revised report card for the	711
district. If the referee affirms the department's contention that	712
the district did not make a good faith effort to report data as	713
required by this section, the district shall bear the full cost of	714
conducting the hearing and of issuing any revised report card.	715

(7) If the department determines that any inaccurate data	716
reported under this section caused a school district to receive	717
excess state funds in any fiscal year, the district shall	718
reimburse the department an amount equal to the excess funds, in	719
accordance with a payment schedule determined by the department.	720
The department may withhold state funds due to the district for	721
this purpose.	722

(8) Any school district that has funds withheld under	723
division (L)(2) of this section may appeal the withholding in	724
accordance with Chapter 119. of the Revised Code.	725

(9) In all cases of a disagreement between the department and	726
a school district regarding the appropriateness of an action taken	727
under division (L)(2) of this section, the burden of proof shall	728
be on the district to demonstrate that it made a good faith effort	729
to report data as required by this section.	730

(10) The state board of education shall adopt rules under	731
Chapter 119. of the Revised Code to implement division (L) of this	732
section.	733

(M) No information technology center or school district shall	734
acquire, change, or update its student administration software	735
package to manage and report data required to be reported to the	736
department unless it converts to a student software package that	737
is certified by the department.	738

(N) The state board of education, in accordance with sections	739
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	740
license as defined under division (A) of section 3319.31 of the	741
Revised Code that has been issued to any school district employee	742
found to have willfully reported erroneous, inaccurate, or	743
incomplete data to the education management information system.	744

(O) No person shall release or maintain any information about	745
any student in violation of this section. Whoever violates this	746
division is guilty of a misdemeanor of the fourth degree.	747

(P) The department shall disaggregate the data collected	748
under division (B)(1)(n) of this section according to the race and	749
socioeconomic status of the students assessed. No data collected	750
under that division shall be included on the report cards required	751
by section 3302.03 of the Revised Code.	752

(Q) If the department cannot compile any of the information	753
required by division (H) of section 3302.03 of the Revised Code	754
based upon the data collected under this section, the department	755
shall develop a plan and a reasonable timeline for the collection	756
of any data necessary to comply with that division.	757