Bill Text: OH SB96 | 2013-2014 | 130th General Assembly | Engrossed

Ohio Senate Bill 96 (Prior Session Legislation)

Bill Title: , and to amend Sections 263.20 and 263.320 of Am. Sub. H.B. 59 of the 130th General Assembly, as subsequently amended, and Section 9 of Am. Sub. H.B. 487 of the 130th General Assembly to require one-half unit of world history in the high school social studies curriculum, to revise the law on state assessments and academic performance reporting, and to make other changes regarding primary and secondary education programs.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-05-14 - Passed 3rd Consideration House [SB96 Detail]

Download: Ohio-2013-SB96-Engrossed.html

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Am. Sub. S. B. No. 96

Senator LaRose

Cosponsors: Senators Cafaro, Hite, Lehner, Eklund, Hughes, Obhof, Peterson, Sawyer, Schiavoni, Smith, Tavares, Turner, Uecker
Representatives Fedor, Anielski, Antonio, Blessing, Carney, Driehaus, Grossman, Kunze, Letson, Phillips, Pillich, Rogers, Sheehy, Smith Speaker Batchelder

A BILL

To amend sections 3301.0711, 3301.0712, 3302.02,

3302.03, 3302.035, 3313.534, 3313.603, 3313.612,

3313.672, 3313.814, 3314.06, 3317.034, 3319.227,

3319.261, 3365.04, 3365.05, and 3365.07 of the

Revised Code, and to amend Sections 263.20 and

263.320 of Am. Sub. H.B. 59 of the 130th General

Assembly, as subsequently amended, and Section 9

of Am. Sub. H.B. 487 of the 130th General Assembly

to require one-half unit of world history in the

high school social studies curriculum, to revise

the law on state assessments and academic

performance reporting, and to make other changes

regarding primary and secondary education

programs.

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

Section 1. That sections 3301.0711, 3301.0712, 3302.02,	15
3302.03, 3302.035, 3313.534, 3313.603, 3313.612, 3313.672,	16
3313.814, 3314.06, 3317.034, 3319.227, 3319.261, 3365.04, 3365.05,	17
and 3365.07 of the Revised Code be amended to read as follows:	18

Sec. 3301.0711. (A) The department of education shall:

(1) Annually furnish to, grade, and score all assessments	20
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	21
the Revised Code to be administered by city, local, exempted	22
village, and joint vocational school districts, except that each	23
district shall score any assessment administered pursuant to	24
division (B)(10) of this section. Each assessment so furnished	25
shall include the data verification code of the student to whom	26
the assessment will be administered, as assigned pursuant to	27
division (D)(2) of section 3301.0714 of the Revised Code. In	28
furnishing the practice versions of Ohio graduation tests	29
prescribed by division (D) of section 3301.0710 of the Revised	30
Code, the department shall make the tests available on its web	31
site for reproduction by districts. In awarding contracts for	32
grading assessments, the department shall give preference to	33
Ohio-based entities employing Ohio residents.	34

(2) Adopt rules for the ethical use of assessments and	35
prescribing the manner in which the assessments prescribed by	36
section 3301.0710 of the Revised Code shall be administered to	37
students.	38

(B) Except as provided in divisions (C) and (J) of this	39
section, the board of education of each city, local, and exempted	40
village school district shall, in accordance with rules adopted	41
under division (A) of this section:	42

(1) Administer the English language arts assessments	43
prescribed under division (A)(1)(a) of section 3301.0710 of the	44
Revised Code twice annually to all students in the third grade who	45
have not attained the score designated for that assessment under	46
division (A)(2)(c) of section 3301.0710 of the Revised Code.	47

(2) Administer the mathematics assessment prescribed under	48
division (A)(1)(a) of section 3301.0710 of the Revised Code at	49
least once annually to all students in the third grade.	50

(3) Administer the assessments prescribed under division	51
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	52
annually to all students in the fourth grade.	53

(4) Administer the assessments prescribed under division	54
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	55
annually to all students in the fifth grade.	56

(5) Administer the assessments prescribed under division	57
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	58
annually to all students in the sixth grade.	59

(6) Administer the assessments prescribed under division	60
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	61
annually to all students in the seventh grade.	62

(7) Administer the assessments prescribed under division	63
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	64
annually to all students in the eighth grade.	65

(8) Except as provided in division (B)(9) of this section,	66
administer any assessment prescribed under division (B)(1) of	67
section 3301.0710 of the Revised Code as follows:	68

(a) At least once annually to all tenth grade students and at	69
least twice annually to all students in eleventh or twelfth grade	70
who have not yet attained the score on that assessment designated	71
under that division;	72

(b) To any person who has successfully completed the	73
curriculum in any high school or the individualized education	74
program developed for the person by any high school pursuant to	75
section 3323.08 of the Revised Code but has not received a high	76
school diploma and who requests to take such assessment, at any	77
time such assessment is administered in the district.	78

(9) In lieu of the board of education of any city, local, or	79
exempted village school district in which the student is also	80
enrolled, the board of a joint vocational school district shall	81
administer any assessment prescribed under division (B)(1) of	82
section 3301.0710 of the Revised Code at least twice annually to	83
any student enrolled in the joint vocational school district who	84
has not yet attained the score on that assessment designated under	85
that division. A board of a joint vocational school district may	86
also administer such an assessment to any student described in	87
division (B)(8)(b) of this section.	88

(10) If the district has a three-year average graduation rate	89
of not more than seventy-five per cent, administer each assessment	90
prescribed by division (D) of section 3301.0710 of the Revised	91
Code in September to all ninth grade students~~, beginning in the~~	92
~~school year that starts July 1, 2005~~who entered ninth grade prior	93
to July 1, 2014.	94

Except as provided in section 3313.614 of the Revised Code	95
for administration of an assessment to a person who has fulfilled	96
the curriculum requirement for a high school diploma but has not	97
passed one or more of the required assessments, the assessments	98
prescribed under division (B)(1) of section 3301.0710 of the	99
Revised Code ~~and the practice assessments prescribed under~~	100
~~division (D) of that section and required to be administered under~~	101
~~divisions (B)(8), (9), and (10) of this section~~ shall not be	102
administered after ~~July 1, 2015~~the date specified in the rules	103
adopted by the state board of education under division (D)(1) of	104
section 3301.0712 of the Revised Code.	105

(11) Administer the assessments prescribed by division (B)(2)	106
of section 3301.0710 and section 3301.0712 of the Revised Code in	107
accordance with the timeline and plan for implementation of those	108
assessments prescribed by rule of the state board adopted under	109
division (D)(1) of section 3301.0712 of the Revised Code.	110

(C)(1)(a) In the case of a student receiving special	111
education services under Chapter 3323. of the Revised Code, the	112
individualized education program developed for the student under	113
that chapter shall specify the manner in which the student will	114
participate in the assessments administered under this section.	115
The individualized education program may excuse the student from	116
taking any particular assessment required to be administered under	117
this section if it instead specifies an alternate assessment	118
method approved by the department of education as conforming to	119
requirements of federal law for receipt of federal funds for	120
disadvantaged pupils. To the extent possible, the individualized	121
education program shall not excuse the student from taking an	122
assessment unless no reasonable accommodation can be made to	123
enable the student to take the assessment.	124

(b) Any alternate assessment approved by the department for a	125
student under this division shall produce measurable results	126
comparable to those produced by the assessment it replaces in	127
order to allow for the student's results to be included in the	128
data compiled for a school district or building under section	129
3302.03 of the Revised Code.	130

(c) Any student enrolled in a chartered nonpublic school who	131
has been identified, based on an evaluation conducted in	132
accordance with section 3323.03 of the Revised Code or section 504	133
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	134
794, as amended, as a child with a disability shall be excused	135
from taking any particular assessment required to be administered	136
under this section if a plan developed for the student pursuant to	137
rules adopted by the state board excuses the student from taking	138
that assessment. In the case of any student so excused from taking	139
an assessment, the chartered nonpublic school shall not prohibit	140
the student from taking the assessment.	141

(2) A district board may, for medical reasons or other good	142
cause, excuse a student from taking an assessment administered	143
under this section on the date scheduled, but that assessment	144
shall be administered to the excused student not later than nine	145
days following the scheduled date. The district board shall	146
annually report the number of students who have not taken one or	147
more of the assessments required by this section to the state	148
board ~~of education~~ not later than the thirtieth day of June.	149

(3) As used in this division, "limited English proficient	150
student" has the same meaning as in 20 U.S.C. 7801.	151

No school district board shall excuse any limited English	152
proficient student from taking any particular assessment required	153
to be administered under this section, except that any limited	154
English proficient student who has been enrolled in United States	155
schools for less than one full school year shall not be required	156
to take any reading, writing, or English language arts assessment.	157
However, no board shall prohibit a limited English proficient	158
student who is not required to take an assessment under this	159
division from taking the assessment. A board may permit any	160
limited English proficient student to take an assessment required	161
to be administered under this section with appropriate	162
accommodations, as determined by the department. For each limited	163
English proficient student, each school district shall annually	164
assess that student's progress in learning English, in accordance	165
with procedures approved by the department.	166

The governing authority of a chartered nonpublic school may	167
excuse a limited English proficient student from taking any	168
assessment administered under this section. However, no governing	169
authority shall prohibit a limited English proficient student from	170
taking the assessment.	171

(D)(1) In the school year next succeeding the school year in	172
which the assessments prescribed by division (A)(1) or (B)(1) of	173
section 3301.0710 of the Revised Code or former division (A)(1),	174
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	175
existed prior to September 11, 2001, are administered to any	176
student, the board of education of any school district in which	177
the student is enrolled in that year shall provide to the student	178
intervention services commensurate with the student's performance,	179
including any intensive intervention required under section	180
3313.608 of the Revised Code, in any skill in which the student	181
failed to demonstrate at least a score at the proficient level on	182
the assessment.	183

(2) Following any administration of the assessments	184
prescribed by division (D) of section 3301.0710 of the Revised	185
Code to ninth grade students, each school district that has a	186
three-year average graduation rate of not more than seventy-five	187
per cent shall determine for each high school in the district	188
whether the school shall be required to provide intervention	189
services to any students who took the assessments. In determining	190
which high schools shall provide intervention services based on	191
the resources available, the district shall consider each school's	192
graduation rate and scores on the practice assessments. The	193
district also shall consider the scores received by ninth grade	194
students on the English language arts and mathematics assessments	195
prescribed under division (A)(1)(f) of section 3301.0710 of the	196
Revised Code in the eighth grade in determining which high schools	197
shall provide intervention services.	198

Each high school selected to provide intervention services	199
under this division shall provide intervention services to any	200
student whose results indicate that the student is failing to make	201
satisfactory progress toward being able to attain scores at the	202
proficient level on the Ohio graduation tests. Intervention	203
services shall be provided in any skill in which a student	204
demonstrates unsatisfactory progress and shall be commensurate	205
with the student's performance. Schools shall provide the	206
intervention services prior to the end of the school year, during	207
the summer following the ninth grade, in the next succeeding	208
school year, or at any combination of those times.	209

(E) Except as provided in section 3313.608 of the Revised	210
Code and division (M) of this section, no school district board of	211
education shall utilize any student's failure to attain a	212
specified score on an assessment administered under this section	213
as a factor in any decision to deny the student promotion to a	214
higher grade level. However, a district board may choose not to	215
promote to the next grade level any student who does not take an	216
assessment administered under this section or make up an	217
assessment as provided by division (C)(2) of this section and who	218
is not exempt from the requirement to take the assessment under	219
division (C)(3) of this section.	220

(F) No person shall be charged a fee for taking any	221
assessment administered under this section.	222

(G)(1) Each school district board shall designate one	223
location for the collection of assessments administered in the	224
spring under division (B)(1) of this section and those	225
administered under divisions (B)(2) to (7) of this section. Each	226
district board shall submit the assessments to the entity with	227
which the department contracts for the scoring of the assessments	228
as follows:	229

(a) If the district's total enrollment in grades kindergarten	230
through twelve during the first full school week of October was	231
less than two thousand five hundred, not later than the Friday	232
after all of the assessments have been administered;	233

(b) If the district's total enrollment in grades kindergarten	234
through twelve during the first full school week of October was	235
two thousand five hundred or more, but less than seven thousand,	236
not later than the Monday after all of the assessments have been	237
administered;	238

(c) If the district's total enrollment in grades kindergarten	239
through twelve during the first full school week of October was	240
seven thousand or more, not later than the Tuesday after all of	241
the assessments have been administered.	242

However, any assessment that a student takes during the	243
make-up period described in division (C)(2) of this section shall	244
be submitted not later than the Friday following the day the	245
student takes the assessment.	246

(2) The department or an entity with which the department	247
contracts for the scoring of the assessment shall send to each	248
school district board a list of the individual scores of all	249
persons taking an assessment prescribed by division (A)(1) or	250
(B)(1) of section 3301.0710 of the Revised Code within sixty days	251
after its administration, but in no case shall the scores be	252
returned later than the fifteenth day of June following the	253
administration. For assessments administered under this section by	254
a joint vocational school district, the department or entity shall	255
also send to each city, local, or exempted village school district	256
a list of the individual scores of any students of such city,	257
local, or exempted village school district who are attending	258
school in the joint vocational school district.	259

(H) Individual scores on any assessments administered under	260
this section shall be released by a district board only in	261
accordance with section 3319.321 of the Revised Code and the rules	262
adopted under division (A) of this section. No district board or	263
its employees shall utilize individual or aggregate results in any	264
manner that conflicts with rules for the ethical use of	265
assessments adopted pursuant to division (A) of this section.	266

(I) Except as provided in division (G) of this section, the	267
department or an entity with which the department contracts for	268
the scoring of the assessment shall not release any individual	269
scores on any assessment administered under this section. The	270
state board ~~of education~~ shall adopt rules to ensure the	271
protection of student confidentiality at all times. The rules may	272
require the use of the data verification codes assigned to	273
students pursuant to division (D)(2) of section 3301.0714 of the	274
Revised Code to protect the confidentiality of student scores.	275

(J) Notwithstanding division (D) of section 3311.52 of the	276
Revised Code, this section does not apply to the board of	277
education of any cooperative education school district except as	278
provided under rules adopted pursuant to this division.	279

(1) In accordance with rules that the state board of	280
~~education~~ shall adopt, the board of education of any city,	281
exempted village, or local school district with territory in a	282
cooperative education school district established pursuant to	283
divisions (A) to (C) of section 3311.52 of the Revised Code may	284
enter into an agreement with the board of education of the	285
cooperative education school district for administering any	286
assessment prescribed under this section to students of the city,	287
exempted village, or local school district who are attending	288
school in the cooperative education school district.	289

(2) In accordance with rules that the state board of	290
~~education~~ shall adopt, the board of education of any city,	291
exempted village, or local school district with territory in a	292
cooperative education school district established pursuant to	293
section 3311.521 of the Revised Code shall enter into an agreement	294
with the cooperative district that provides for the administration	295
of any assessment prescribed under this section to both of the	296
following:	297

(a) Students who are attending school in the cooperative	298
district and who, if the cooperative district were not	299
established, would be entitled to attend school in the city,	300
local, or exempted village school district pursuant to section	301
3313.64 or 3313.65 of the Revised Code;	302

(b) Persons described in division (B)(8)(b) of this section.

303

Any assessment of students pursuant to such an agreement	304
shall be in lieu of any assessment of such students or persons	305
pursuant to this section.	306

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	307
or (K)(1)(c) of this section, each chartered nonpublic school for	308
which at least sixty-five per cent of its total enrollment is made	309
up of students who are participating in state scholarship programs	310
shall administer the ~~elementary~~ assessments prescribed by division	311
(A) of section 3301.0710 and division (B)(2) of section 3301.0712	312
of the Revised Code. In accordance with procedures and deadlines	313
prescribed by the department, the parent or guardian of a student	314
enrolled in the school who is not participating in a state	315
scholarship program may submit notice to the chief administrative	316
officer of the school that the parent or guardian does not wish to	317
have the student take the ~~elementary~~ assessments prescribed for	318
the student's grade level under division (A) of section 3301.0710	319
or division (B)(2) of section 3301.0712 of the Revised Code. If a	320
parent or guardian submits an opt-out notice, the school shall not	321
administer the assessments to that student. ~~This option does not~~	322
~~apply to any assessment required for a high school diploma under~~	323
~~section 3313.612 of the Revised Code.~~	324

(b) If(i) Except as provided in division (K)(1)(b)(ii) of	325
this section, if a chartered nonpublic school is educating	326
students in grades nine through twelve, it shall administer the	327
assessments prescribed by ~~divisions~~division (B)(1) ~~and (2)~~ of	328
section 3301.0710 and division (B) of section 3301.0712 of the	329
Revised Code ~~as a condition of compliance with section 3313.612 of~~	330
~~the Revised Code~~.	331

(ii) A chartered nonpublic school that exercises the	332
exemption authorized by division (D) of section 3313.612 of the	333
Revised Code and that is not subject to division (K)(1)(a) of this	334
section shall not be required to administer the end-of-course	335
examinations prescribed by division (B)(2) of section 3301.0712 of	336
the Revised Code, but that school shall administer the college and	337
career readiness assessment prescribed by division (B)(1) of that	338
section. The exemption is not available to a school that is	339
subject to division (K)(1)(a) of this section and does not apply	340
to any student attending a chartered nonpublic school under a	341
state scholarship program.	342

(c) A chartered nonpublic school may submit to the	343
superintendent of public instruction a request for a waiver from	344
administering the ~~elementary~~ assessments prescribed by division	345
(A) of section 3301.0710 and division (B)(2) of section 3301.0712	346
of the Revised Code. The state superintendent shall approve or	347
disapprove a request for a waiver submitted under division	348
(K)(1)(c) of this section. No waiver shall be approved for any	349
school year prior to the 2015-2016 school year.	350

To be eligible to submit a request for a waiver, a chartered	351
nonpublic school shall meet the following conditions:	352

(i) At least ninety-five per cent of the students enrolled in	353
the school are children with disabilities, as defined under	354
section 3323.01 of the Revised Code, or have received a diagnosis	355
by a school district or from a physician, including a	356
neuropsychiatrist or psychiatrist, or a psychologist who is	357
authorized to practice in this or another state as having a	358
condition that impairs academic performance, such as dyslexia,	359
dyscalculia, attention deficit hyperactivity disorder, or	360
Asperger's syndrome.	361

(ii) The school has solely served a student population	362
described in division (K)(1)(c)(i) of this section for at least	363
ten years.	364

(iii) The school provides to the department at least five	365
years of records of internal testing conducted by the school that	366
affords the department data required for accountability purposes,	367
including diagnostic assessments and nationally standardized	368
norm-referenced achievement assessments that measure reading and	369
math skills.	370

(d) Any chartered nonpublic school that is not subject to	371
division (K)(1)(a) of this section may participate in the	372
assessment program by administering any of the assessments	373
prescribed by division (A) of section 3301.0710 of the Revised	374
Code. The chief administrator of the school shall specify which	375
assessments the school will administer. Such specification shall	376
be made in writing to the superintendent of public instruction	377
prior to the first day of August of any school year in which	378
assessments are administered and shall include a pledge that the	379
nonpublic school will administer the specified assessments in the	380
same manner as public schools are required to do under this	381
section and rules adopted by the department.	382

(2) The department of education shall furnish the assessments	383
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	384
to each chartered nonpublic school ~~that is subject to~~in	385
accordance with division (K)(1)(a) ~~of this section or participates~~	386
~~under division (K)(1)~~, (b), or (d) of this section.	387

(L)(1) The superintendent of the state school for the blind	388
and the superintendent of the state school for the deaf shall	389
administer the assessments described by sections 3301.0710 and	390
3301.0712 of the Revised Code. Each superintendent shall	391
administer the assessments in the same manner as district boards	392
are required to do under this section and rules adopted by the	393
department of education and in conformity with division (C)(1)(a)	394
of this section.	395

(2) The department of education shall furnish the assessments	396
described by sections 3301.0710 and 3301.0712 of the Revised Code	397
to each superintendent.	398

(M) Notwithstanding division (E) of this section, a school	399
district may use a student's failure to attain a score in at least	400
the proficient range on the mathematics assessment described by	401
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	402
an assessment described by division (A)(1)(b), (c), (d), (e), or	403
(f) of section 3301.0710 of the Revised Code as a factor in	404
retaining that student in the current grade level.	405

(N)(1) In the manner specified in divisions (N)(3), (4), and	406
(6) of this section, the assessments required by division (A)(1)	407
of section 3301.0710 of the Revised Code shall become public	408
records pursuant to section 149.43 of the Revised Code on the	409
thirty-first day of July following the school year that the	410
assessments were administered.	411

(2) The department may field test proposed questions with	412
samples of students to determine the validity, reliability, or	413
appropriateness of questions for possible inclusion in a future	414
year's assessment. The department also may use anchor questions on	415
assessments to ensure that different versions of the same	416
assessment are of comparable difficulty.	417

Field test questions and anchor questions shall not be	418
considered in computing scores for individual students. Field test	419
questions and anchor questions may be included as part of the	420
administration of any assessment required by division (A)(1) or	421
(B) of section 3301.0710 and division (B) of section 3301.0712 of	422
the Revised Code.	423

(3) Any field test question or anchor question administered	424
under division (N)(2) of this section shall not be a public	425
record. Such field test questions and anchor questions shall be	426
redacted from any assessments which are released as a public	427
record pursuant to division (N)(1) of this section.	428

(4) This division applies to the assessments prescribed by	429
division (A) of section 3301.0710 of the Revised Code.	430

(a) The first administration of each assessment, as specified	431
in former section 3301.0712 of the Revised Code, shall be a public	432
record.	433

(b) For subsequent administrations of each assessment prior	434
to the 2011-2012 school year, not less than forty per cent of the	435
questions on the assessment that are used to compute a student's	436
score shall be a public record. The department shall determine	437
which questions will be needed for reuse on a future assessment	438
and those questions shall not be public records and shall be	439
redacted from the assessment prior to its release as a public	440
record. However, for each redacted question, the department shall	441
inform each city, local, and exempted village school district of	442
the statewide academic standard adopted by the state board of	443
~~education~~ under section 3301.079 of the Revised Code and the	444
corresponding benchmark to which the question relates. The	445
preceding sentence does not apply to field test questions that are	446
redacted under division (N)(3) of this section.	447

(c) The administrations of each assessment in the 2011-2012,	448
2012-2013, and 2013-2014 school years shall not be a public	449
record.	450

(5) Each assessment prescribed by division (B)(1) of section	451
3301.0710 of the Revised Code shall not be a public record.	452

(6) Beginning with the spring administration for the	453
2014-2015 school year, questions on the assessments prescribed	454
under division (A) of section 3301.0710 and division (B)(2) of	455
section 3301.0712 of the Revised Code and the corresponding	456
preferred answers that are used to compute a student's score shall	457
become a public record as follows:	458

(a) Forty per cent of the questions and preferred answers on	459
the assessments on the thirty-first day of July following the	460
administration of the assessment;	461

(b) Twenty per cent of the questions and preferred answers on	462
the assessment on the thirty-first day of July one year after the	463
administration of the assessment;	464

(c) The remaining forty per cent of the questions and	465
preferred answers on the assessment on the thirty-first day of	466
July two years after the administration of the assessment.	467

The entire content of an assessment shall become a public	468
record within three years of its administration.	469

The department shall make the questions that become a public	470
record under this division readily accessible to the public on the	471
department's web site. Questions on the spring administration of	472
each assessment shall be released on an annual basis, in	473
accordance with this division.	474

(O) As used in this section:

475

(1) "Three-year average" means the average of the most recent	476
consecutive three school years of data.	477

(2) "Dropout" means a student who withdraws from school	478
before completing course requirements for graduation and who is	479
not enrolled in an education program approved by the state board	480
of education or an education program outside the state. "Dropout"	481
does not include a student who has departed the country.	482

(3) "Graduation rate" means the ratio of students receiving a	483
diploma to the number of students who entered ninth grade four	484
years earlier. Students who transfer into the district are added	485
to the calculation. Students who transfer out of the district for	486
reasons other than dropout are subtracted from the calculation. If	487
a student who was a dropout in any previous year returns to the	488
same school district, that student shall be entered into the	489
calculation as if the student had entered ninth grade four years	490
before the graduation year of the graduating class that the	491
student joins.	492

(4) "State scholarship programs" means the educational choice	493
scholarship pilot program established under sections 3310.01 to	494
3310.17 of the Revised Code, the autism scholarship program	495
established under section 3310.41 of the Revised Code, the Jon	496
Peterson special needs scholarship program established under	497
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	498
project scholarship program established under sections 3313.974 to	499
3313.979 of the Revised Code.	500

Sec. 3301.0712. (A) The state board of education, the	501
superintendent of public instruction, and the chancellor of the	502
Ohio board of regents shall develop a system of college and work	503
ready assessments as described in division (B) of this section to	504
assess whether each student upon graduating from high school is	505
ready to enter college or the workforce. Beginning with students	506
who enter the ninth grade for the first time on or after July 1,	507
2014, the system shall replace the Ohio graduation tests	508
prescribed in division (B)(1) of section 3301.0710 of the Revised	509
Code as a measure of student academic performance and one	510
determinant of eligibility for a high school diploma in the manner	511
prescribed by rule of the state board adopted under division (D)	512
of this section.	513

(B) The college and work ready assessment system shall	514
consist of the following:	515

(1) A nationally standardized assessment that measures	516
college and career readiness,and is used for college admission,	517
~~and includes components in English, mathematics, science, and~~	518
~~social studies~~. The assessment shall be selected jointly by the	519
state superintendent and the chancellor. The assessment prescribed	520
under division (B)(1) of this section shall be administered to all	521
eleventh-grade students.	522

(2) Seven end-of-course examinations, one in each of the	523
areas of English language arts I, English language arts II,	524
physical science or biology, Algebra I, geometry, American	525
history, and American government. The end-of-course examinations	526
shall be selected jointly by the state superintendent and the	527
chancellor in consultation with faculty in the appropriate subject	528
areas at institutions of higher education of the university system	529
of Ohio. Advanced placement examinations,and international	530
baccalaureate examinations, ~~and dual enrollment or advanced~~	531
~~standing program examinations,~~ as prescribed under section	532
3313.6013 of the Revised Code, in the areas of physical science or	533
biology, American history, and American government may be used as	534
end-of-course examinations in accordance with division	535
(B)(4)(a)(i) of this section. Final course grades for courses	536
taken under any other advanced standing program, as prescribed	537
under section 3313.6013 of the Revised Code, in the areas of	538
physical science or biology, American history, and American	539
government may be used in lieu of end-of-course examinations in	540
accordance with division (B)(4)(a)(ii) of this section.	541

(3)(a) Not later than July 1, 2013, each school district	542
board of education shall adopt interim end-of-course examinations	543
that comply with the requirements of divisions (B)(3)(b)(i) and	544
(ii) of this section to assess mastery of American history and	545
American government standards adopted under division (A)(1)(b) of	546
section 3301.079 of the Revised Code and the topics required under	547
division (M) of section 3313.603 of the Revised Code. Each high	548
school of the district shall use the interim examinations until	549
the state superintendent and chancellor select end-of-course	550
examinations in American history and American government under	551
division (B)(2) of this section.	552

(b) Not later than July 1, 2014, the state superintendent and	553
the chancellor shall select the end-of-course examinations in	554
American history and American government.	555

(i) The end-of-course examinations in American history and	556
American government shall require demonstration of mastery of the	557
American history and American government content for social	558
studies standards adopted under division (A)(1)(b) of section	559
3301.079 of the Revised Code and the topics required under	560
division (M) of section 3313.603 of the Revised Code.	561

(ii) At least twenty per cent of the end-of-course	562
examination in American government shall address the topics on	563
American history and American government described in division (M)	564
of section 3313.603 of the Revised Code.	565

(c) Beginning with the 2014-2015 school year, the state board	566
shall report by the thirty-first day of December of each year to	567
the governor and the general assembly, in accordance with section	568
101.68 of the Revised Code, the status of student achievement in	569
American history and American government based on the results of	570
the end-of-course examinations prescribed by this section.	571

(4)(a) Notwithstanding anything to the contrary in this	572
section, beginning with the 2014-2015 school year, ifboth of the	573
following shall apply:	574

(i) If a student is enrolled in an appropriate advanced	575
placement or international baccalaureate course ~~or is enrolled~~	576
~~under any other dual enrollment or advanced standing program~~, that	577
student shall take the advanced placement or international	578
baccalaureate examination ~~or applicable examination under dual~~	579
~~enrollment or advanced standing~~ in lieu of the physical science or	580
biology, American history, or American government end-of-course	581
examinations prescribed under division (B)(2) of this section. The	582
state board shall specify the score levels for each advanced	583
placement examination,and international baccalaureate	584
examination~~, and examination required under other dual enrollment~~	585
~~or advanced standing programs~~ for purposes of calculating the	586
minimum cumulative performance score that demonstrates the level	587
of academic achievement necessary to earn a high school diploma.	588

(ii) If a student is enrolled in an appropriate course under	589
any other advanced standing program, as described in section	590
3313.6013 of the Revised Code, that student shall not be required	591
to take the physical science or biology, American history, or	592
American government end-of-course examination, whichever is	593
applicable, prescribed under division (B)(2) of this section.	594
Instead, that student's final course grade shall be used in lieu	595
of the applicable end-of-course examination prescribed under that	596
section. The state superintendent and the chancellor jointly shall	597
adopt guidelines for purposes of calculating the minimum final	598
course grade that demonstrates the level of academic achievement	599
necessary to earn a high school diploma.	600

Division (B)(4)(a)(ii) of this section shall apply only to	601
courses for which students receive transcripted credit, as defined	602
in division (U) of section 3365.01 of the Revised Code. It shall	603
not apply to remedial or developmental courses.	604

(b) No student shall take a substitute examination or	605
examination prescribed under division (B)(4)(a) of this section in	606
place of the end-of-course examinations in English language arts	607
I, English language arts II, Algebra I, or geometry prescribed	608
under division (B)(2) of this section.	609

(c) The state board shall consider additional assessments	610
that may be used, beginning with the 2016-2017 school year, as	611
substitute examinations in lieu of the end-of-course examinations	612
prescribed under division (B)(2) of this section.	613

(5)~~(a)~~ The state board shall ~~determine~~do all of the	614
following:	615

(a) Determine and designate at least five ranges of scores on	616
each of the end-of-course examinations prescribed under division	617
(B)(2) of this section, and substitute examinations prescribed	618
under division (B)(4) of this section. Each range of scores shall	619
be considered to demonstrate a level of achievement so that any	620
student attaining a score within such range has achieved one of	621
the following:	622

(i) An advanced level of skill;

623

(ii) An accelerated level of skill;

624

(iii) A proficient level of skill;

625

(iv) A basic level of skill;

626

(v) A limited level of skill.

627

(b) Determine a method by which to calculate a cumulative	628
performance score based on the results of a student's	629
end-of-course examinations or substitute examinations;	630

(c) Determine the minimum cumulative performance score that	631
demonstrates the level of academic achievement necessary to earn a	632
high school diploma;	633

(d) Develop a table of corresponding score equivalents for	634
the end-of-course examinations and substitute examinations in	635
order to calculate student performance consistently across the	636
different examinations. A score of two on an advanced placement	637
examination shall be considered equivalent to a proficient level	638
of skill as specified under division (B)(5)(a)(iii) of this	639
section. A score of three on an advanced placement examinations	640
shall be considered equivalent to an accelerated level of skill as	641
specified under division (B)(5)(a)(ii) of this section.	642

(6) Any student who received high school credit prior to July	643
1, 2014, for a course for which an end-of-course examination is	644
prescribed by division (B)(2) of this section shall not be	645
required to take that end-of-course examination. Receipt of credit	646
for that course shall satisfy the requirement to take the	647
end-of-course examination.	648

(7)(a) Notwithstanding anything to the contrary in this	649
section, the state board may replace the algebra I end-of-course	650
examination prescribed under division (B)(2) of this section with	651
an algebra II end-of-course examination, beginning with the	652
2016-2017 school year for students who enter ninth grade on or	653
after July 1, 2016.	654

(b) If the state board replaces the algebra I end-of-course	655
examination with an algebra II end-of-course examination as	656
authorized under division (B)(7)(a) of this section, aboth of the	657
following shall apply:	658

(i) A student who is enrolled in an advanced placement or	659
international baccalaureate course in algebra II ~~or is enrolled~~	660
~~under any other dual enrollment or advanced standing program in~~	661
~~algebra II~~ shall take the advanced placement or international	662
baccalaureate examination ~~or applicable examination under dual~~	663
~~enrollment or advanced standing~~ in lieu of the algebra II	664
end-of-course examination.	665

(ii) A student who is enrolled in an algebra II course under	666
any other advanced standing program, as described in section	667
3313.6013 of the Revised Code, shall not be required to take the	668
algebra II end-of-course examination, so long as the course is not	669
remedial or developmental and the student receives transcripted	670
credit, as defined in division (U) of section 3365.01 of the	671
Revised Code, for the course. Instead, that student's final course	672
grade shall be used in lieu of the examination.	673

(c) If a school district or school utilizes an integrated	674
approach to mathematics instruction, the district or school may do	675
either or both of the following:	676

(i) Administer an integrated mathematics I end-of-course	677
examination in lieu of the prescribed algebra I end-of-course	678
examination;	679

(ii) Administer an integrated mathematics II end-of-course	680
examination in lieu of the prescribed geometry end-of-course	681
examination.	682

(8)(a) Until July 1, 2016, the department of education shall	683
make available end-of-course examinations in both physical science	684
and biology.	685

(b) For any school year that begins on or after July 1, 2016,	686
the state board may choose to provide one or both of the	687
end-of-course examinations in physical science and biology.	688

(9) Neither the state board nor the department of education	689
shall develop or administer an end-of-course examination in the	690
area of world history.	691

(C) The state board shall convene a group of national	692
experts, state experts, and local practitioners to provide advice,	693
guidance, and recommendations for the alignment of standards and	694
model curricula to the assessments and in the design of the	695
end-of-course examinations prescribed by this section.	696

(D) Upon completion of the development of the assessment	697
system, the state board shall adopt rules prescribing all of the	698
following:	699

(1) A timeline and plan for implementation of the assessment	700
system, including a phased implementation if the state board	701
determines such a phase-in is warranted;	702

(2) The date after which a person shall meet the requirements	703
of the entire assessment system as a prerequisite for a diploma of	704
adult education under section 3313.611 of the Revised Code;	705

(3) Whether and the extent to which a person may be excused	706
from an American history end-of-course examination and an American	707
government end-of-course examination under division (H) of section	708
3313.61 and division (B)(3) of section 3313.612 of the Revised	709
Code;	710

(4) The date after which a person who has fulfilled the	711
curriculum requirement for a diploma but has not passed one or	712
more of the required assessments at the time the person fulfilled	713
the curriculum requirement shall meet the requirements of the	714
entire assessment system as a prerequisite for a high school	715
diploma under division (B) of section 3313.614 of the Revised	716
Code;	717

(5) The extent to which the assessment system applies to	718
students enrolled in a dropout recovery and prevention program for	719
purposes of division (F) of section 3313.603 and section 3314.36	720
of the Revised Code.	721

(E) Not later than forty-five days prior to the state board's	722
adoption of a resolution directing the department of education to	723
file the rules prescribed by division (D) of this section in final	724
form under section 119.04 of the Revised Code, the superintendent	725
of public instruction shall present the assessment system	726
developed under this section to the respective committees of the	727
house of representatives and senate that consider education	728
legislation.	729

(F)(1) Any person enrolled in a nonchartered nonpublic school	730
or any person who has been excused from attendance at school for	731
the purpose of home instruction under section 3321.04 of the	732
Revised Code may choose to participate in the system of	733
assessments administered under divisions (B)(1) and (2) of this	734
section. However, no such person shall be required to participate	735
in the system of assessments.	736

(2) The department shall adopt rules for the administration	737
and scoring of any assessments under division (F)(1) of this	738
section.	739

(G) Not later than December 31, 2014, the state board shall	740
select at least one nationally recognized job skills assessment.	741
Each school district shall administer that assessment to those	742
students who opt to take it. The state shall reimburse a school	743
district for the costs of administering that assessment. The state	744
board shall establish the minimum score a student must attain on	745
the job skills assessment in order to demonstrate a student's	746
workforce readiness and employability. The administration of the	747
job skills assessment to a student under this division shall not	748
exempt a school district from administering the assessments	749
prescribed in division (B) of this section to that student.	750

Sec. 3302.02. Not later than one year after the adoption of	751
rules under division (D) of section 3301.0712 of the Revised Code	752
and at least every sixth year thereafter, upon recommendations of	753
the superintendent of public instruction, the state board of	754
education shall establish a set of performance indicators that	755
considered as a unit will be used as one of the performance	756
categories for the report cards required by section 3302.03 of the	757
Revised Code. In establishing these indicators, the superintendent	758
shall consider inclusion of student performance on assessments	759
prescribed under section 3301.0710 or 3301.0712 of the Revised	760
Code, rates of student improvement on such assessments, the	761
breadth of coursework available within the district, and other	762
indicators of student success.	763

Beginning with the report card for the 2014-2015 school year,	764
the performance indicators shall include an indicator that	765
reflects the level of services provided to, and the performance	766
of, students identified as gifted under Chapter 3324. of the	767
Revised Code. The indicator shall include the performance of	768
students identified as gifted on state assessments and value-added	769
growth measure disaggregated for students identified as gifted.	770

For the 2013-2014 school year, except as otherwise provided	771
in this section, for any indicator based on the percentage of	772
students attaining a proficient score on the assessments	773
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	774
Revised Code, a school district or building shall be considered to	775
have met the indicator if at least eighty per cent of the tested	776
students attain a score of proficient or higher on the assessment.	777
A school district or building shall be considered to have met the	778
indicator for the assessments prescribed by division (B)(1) of	779
section 3301.0710 of the Revised Code and only as administered to	780
eleventh grade students, if at least eighty-five per cent of the	781
tested students attain a score of proficient or higher on the	782
assessment. ~~Not later than July 1, 2014, the~~	783

The state board ~~may~~shall adopt rules, under Chapter 119. of	784
the Revised Code, to establish ~~different~~ proficiency percentages	785
to meet each indicator that is based on a state assessment,	786
prescribed under section 3301.0710 or 3301.0712 of the Revised	787
Code, for the 2014-2015 school year and thereafter by the	788
following dates:	789

(A) Not later than December 1, 2015, for the 2014-2015 school	790
year;	791

(B) Not later than July 1, 2016, for the 2015-2016 school	792
year;	793

(C) Not later than July 1, 2017, for the 2016-2017 school	794
year, and for each school year thereafter.	795

The proficiency percentage shall not be less than sixty per	796
cent for the 2014-2015, 2015-2016, and 2016-2017 school years. The	797
proficiency percentage shall not be less than seventy-five per	798
cent for the 2017-2018 school year and each school year	799
thereafter.	800

The superintendent shall not establish any performance	801
indicator for passage of the third or fourth grade English	802
language arts assessment that is solely based on the assessment	803
given in the fall for the purpose of determining whether students	804
have met the reading guarantee provisions of section 3313.608 of	805
the Revised Code.	806

Sec. 3302.03. Annually, not later than the fifteenth day of	807
September or the preceding Friday when that day falls on a	808
Saturday or Sunday, the department of education shall assign a	809
letter grade for overall academic performance and for each	810
separate performance measure for each school district, and each	811
school building in a district, in accordance with this section.	812
The state board shall adopt rules pursuant to Chapter 119. of the	813
Revised Code to establish performance criteria for each letter	814
grade and prescribe a method by which the department assigns each	815
letter grade. For a school building to which any of the	816
performance measures do not apply, due to grade levels served by	817
the building, the state board shall designate the performance	818
measures that are applicable to the building and that must be	819
calculated separately and used to calculate the building's overall	820
grade. The department shall issue annual report cards reflecting	821
the performance of each school district, each building within each	822
district, and for the state as a whole using the performance	823
measures and letter grade system described in this section. The	824
department shall include on the report card for each district and	825
each building within each district the most recent two-year trend	826
data in student achievement for each subject and each grade.	827

(A)(1) For the 2012-2013 school year, the department shall	828
issue grades as described in division (E) of this section for each	829
of the following performance measures:	830

(a) Annual measurable objectives;

831

(b) Performance index score for a school district or	832
building. Grades shall be awarded as a percentage of the total	833
possible points on the performance index system as adopted by the	834
state board. In adopting benchmarks for assigning letter grades	835
under division (A)(1)(b) of this section, the state board of	836
education shall designate ninety per cent or higher for an "A," at	837
least seventy per cent but not more than eighty per cent for a	838
"C," and less than fifty per cent for an "F."	839

(c) The extent to which the school district or building meets	840
each of the applicable performance indicators established by the	841
state board under section 3302.02 of the Revised Code and the	842
percentage of applicable performance indicators that have been	843
achieved. In adopting benchmarks for assigning letter grades under	844
division (A)(1)(c) of this section, the state board shall	845
designate ninety per cent or higher for an "A."	846

(d) The four- and five-year adjusted cohort graduation rates.

847

In adopting benchmarks for assigning letter grades under	848
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	849
department shall designate a four-year adjusted cohort graduation	850
rate of ninety-three per cent or higher for an "A" and a five-year	851
cohort graduation rate of ninety-five per cent or higher for an	852
"A."	853

(e) The overall score under the value-added progress	854
dimension of a school district or building, for which the	855
department shall use up to three years of value-added data as	856
available. The letter grade assigned for this growth measure shall	857
be as follows:	858

(i) A score that is at least two standard errors of measure	859
above the mean score shall be designated as an "A."	860

(ii) A score that is at least one standard error of measure	861
but less than two standard errors of measure above the mean score	862
shall be designated as a "B."	863

(iii) A score that is less than one standard error of measure	864
above the mean score but greater than or equal to one standard	865
error of measure below the mean score shall be designated as a	866
"C."	867

(iv) A score that is not greater than one standard error of	868
measure below the mean score but is greater than or equal to two	869
standard errors of measure below the mean score shall be	870
designated as a "D."	871

(v) A score that is not greater than two standard errors of	872
measure below the mean score shall be designated as an "F."	873

Whenever the value-added progress dimension is used as a	874
graded performance measure, whether as an overall measure or as a	875
measure of separate subgroups, the grades for the measure shall be	876
calculated in the same manner as prescribed in division (A)(1)(e)	877
of this section.	878

(f) The value-added progress dimension score for a school	879
district or building disaggregated for each of the following	880
subgroups: students identified as gifted, students with	881
disabilities, and students whose performance places them in the	882
lowest quintile for achievement on a statewide basis. Each	883
subgroup shall be a separate graded measure.	884

(2) Not later than April 30, 2013, the state board of	885
education shall adopt a resolution describing the performance	886
measures, benchmarks, and grading system for the 2012-2013 school	887
year and, not later than June 30, 2013, shall adopt rules in	888
accordance with Chapter 119. of the Revised Code that prescribe	889
the methods by which the performance measures under division	890
(A)(1) of this section shall be assessed and assigned a letter	891
grade, including performance benchmarks for each letter grade.	892

At least forty-five days prior to the state board's adoption	893
of rules to prescribe the methods by which the performance	894
measures under division (A)(1) of this section shall be assessed	895
and assigned a letter grade, the department shall conduct a public	896
presentation before the standing committees of the house of	897
representatives and the senate that consider education legislation	898
describing such methods, including performance benchmarks.	899

(3) There shall not be an overall letter grade for a school	900
district or building for the 2012-2013 school year.	901

(B)(1) For the 2013-2014 school year, the department shall	902
issue grades as described in division (E) of this section for each	903
of the following performance measures:	904

(a) Annual measurable objectives;

905

(b) Performance index score for a school district or	906
building. Grades shall be awarded as a percentage of the total	907
possible points on the performance index system as created by the	908
department. In adopting benchmarks for assigning letter grades	909
under division (B)(1)(b) of this section, the state board shall	910
designate ninety per cent or higher for an "A," at least seventy	911
per cent but not more than eighty per cent for a "C," and less	912
than fifty per cent for an "F."	913

(c) The extent to which the school district or building meets	914
each of the applicable performance indicators established by the	915
state board under section 3302.03 of the Revised Code and the	916
percentage of applicable performance indicators that have been	917
achieved. In adopting benchmarks for assigning letter grades under	918
division (B)(1)(c) of this section, the state board shall	919
designate ninety per cent or higher for an "A."	920

(d) The four- and five-year adjusted cohort graduation rates;

921

(e) The overall score under the value-added progress	922
dimension of a school district or building, for which the	923
department shall use up to three years of value-added data as	924
available.	925

(f) The value-added progress dimension score for a school	926
district or building disaggregated for each of the following	927
subgroups: students identified as gifted in superior cognitive	928
ability and specific academic ability fields under Chapter 3324.	929
of the Revised Code, students with disabilities, and students	930
whose performance places them in the lowest quintile for	931
achievement on a statewide basis. Each subgroup shall be a	932
separate graded measure.	933

(g) Whether a school district or building is making progress	934
in improving literacy in grades kindergarten through three, as	935
determined using a method prescribed by the state board. The state	936
board shall adopt rules to prescribe benchmarks and standards for	937
assigning grades to districts and buildings for purposes of	938
division (B)(1)(g) of this section. In adopting benchmarks for	939
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	940
this section, the state board shall determine progress made based	941
on the reduction in the total percentage of students scoring below	942
grade level, or below proficient, compared from year to year on	943
the reading and writing diagnostic assessments administered under	944
section 3301.0715 of the Revised Code and the third grade English	945
language arts assessment under section 3301.0710 of the Revised	946
Code, as applicable. The state board shall designate for a "C"	947
grade a value that is not lower than the statewide average value	948
for this measure. No grade shall be issued under divisions	949
(B)(1)(g) and (C)(1)(g) of this section for a district or building	950
in which less than five per cent of students have scored below	951
grade level on the diagnostic assessment administered to students	952
in kindergarten under division (B)(1) of section 3313.608 of the	953
Revised Code.	954

(h) For a high mobility school district or building, an	955
additional value-added progress dimension score. For this measure,	956
the department shall use value-added data from the most recent	957
school year available and shall use assessment scores for only	958
those students to whom the district or building has administered	959
the assessments prescribed by section 3301.0710 of the Revised	960
Code for each of the two most recent consecutive school years.	961

As used in this division, "high mobility school district or	962
building" means a school district or building where at least	963
twenty-five per cent of its total enrollment is made up of	964
students who have attended that school district or building for	965
less than one year.	966

(2) In addition to the graded measures in division (B)(1) of	967
this section, the department shall include on a school district's	968
or building's report card all of the following without an assigned	969
letter grade:	970

(a) The percentage of students enrolled in a district or	971
building participating in advanced placement classes and the	972
percentage of those students who received a score of three or	973
better on advanced placement examinations;	974

(b) The number of a district's or building's students who	975
have earned at least three college credits through dual enrollment	976
or advanced standing programs, such as the post-secondary	977
enrollment options program under Chapter 3365. of the Revised Code	978
and state-approved career-technical courses offered through dual	979
enrollment or statewide articulation, that appear on a student's	980
transcript or other official document, either of which is issued	981
by the institution of higher education from which the student	982
earned the college credit. The credits earned that are reported	983
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	984
include any that are remedial or developmental and shall include	985
those that count toward the curriculum requirements established	986
for completion of a degree.	987

(c) The percentage of students enrolled in a district or	988
building who have taken a national standardized test used for	989
college admission determinations and the percentage of those	990
students who are determined to be remediation-free in accordance	991
with standards adopted under division (F) of section 3345.061 of	992
the Revised Code;	993

(d) The percentage of the district's or the building's	994
students who receive industry-recognized credentials. The state	995
board shall adopt criteria for acceptable industry-recognized	996
credentials.	997

(e) The percentage of students enrolled in a district or	998
building who are participating in an international baccalaureate	999
program and the percentage of those students who receive a score	1000
of four or better on the international baccalaureate examinations.	1001

(f) The percentage of the district's or building's students	1002
who receive an honors diploma under division (B) of section	1003
3313.61 of the Revised Code.	1004

(3) Not later than December 31, 2013, the state board shall	1005
adopt rules in accordance with Chapter 119. of the Revised Code	1006
that prescribe the methods by which the performance measures under	1007
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1008
and assigned a letter grade, including performance benchmarks for	1009
each grade.	1010

At least forty-five days prior to the state board's adoption	1011
of rules to prescribe the methods by which the performance	1012
measures under division (B)(1) of this section shall be assessed	1013
and assigned a letter grade, the department shall conduct a public	1014
presentation before the standing committees of the house of	1015
representatives and the senate that consider education legislation	1016
describing such methods, including performance benchmarks.	1017

(4) There shall not be an overall letter grade for a school	1018
district or building for the 2013-2014 school year.	1019

(C)(1) For the 2014-2015 school year and each school year	1020
thereafter, the department shall issue grades as described in	1021
division (E) of this section for each of the performance measures	1022
prescribed in division (C)(1) of this section and an overall	1023
letter grade based on an aggregate of those measures, except for	1024
the performance measure set forth in division (C)(1)(h) of this	1025
section. The graded measures are as follows:	1026

(a) Annual measurable objectives;

1027

(b) Performance index score for a school district or	1028
building. Grades shall be awarded as a percentage of the total	1029
possible points on the performance index system as created by the	1030
department. In adopting benchmarks for assigning letter grades	1031
under division (C)(1)(b) of this section, the state board shall	1032
designate ninety per cent or higher for an "A," at least seventy	1033
per cent but not more than eighty per cent for a "C," and less	1034
than fifty per cent for an "F."	1035

(c) The extent to which the school district or building meets	1036
each of the applicable performance indicators established by the	1037
state board under section 3302.03 of the Revised Code and the	1038
percentage of applicable performance indicators that have been	1039
achieved. In adopting benchmarks for assigning letter grades under	1040
division (C)(1)(c) of this section, the state board shall	1041
designate ninety per cent or higher for an "A."	1042

(d) The four- and five-year adjusted cohort graduation rates;

1043

(e) The overall score under the value-added progress	1044
dimension, or another measure of student academic progress if	1045
adopted by the state board, of a school district or building, for	1046
which the department shall use up to three years of value-added	1047
data as available.	1048

In adopting benchmarks for assigning letter grades for	1049
overall score on value-added progress dimension under division	1050
(C)(1)(e) of this section, the state board shall prohibit the	1051
assigning of a grade of "A" for that measure unless the district's	1052
or building's grade assigned for value-added progress dimension	1053
for all subgroups under division (C)(1)(f) of this section is a	1054
"B" or higher.	1055

For the metric prescribed by division (C)(1)(e) of this	1056
section, the state board may adopt a student academic progress	1057
measure to be used instead of the value-added progress dimension.	1058
If the state board adopts such a measure, it also shall prescribe	1059
a method for assigning letter grades for the new measure that is	1060
comparable to the method prescribed in division (A)(1)(e) of this	1061
section.	1062

(f) The value-added progress dimension score of a school	1063
district or building disaggregated for each of the following	1064
subgroups: students identified as gifted in superior cognitive	1065
ability and specific academic ability fields under Chapter 3324.	1066
of the Revised Code, students with disabilities, and students	1067
whose performance places them in the lowest quintile for	1068
achievement on a statewide basis, as determined by a method	1069
prescribed by the state board. Each subgroup shall be a separate	1070
graded measure.	1071

The state board may adopt student academic progress measures	1072
to be used instead of the value-added progress dimension. If the	1073
state board adopts such measures, it also shall prescribe a method	1074
for assigning letter grades for the new measures that is	1075
comparable to the method prescribed in division (A)(1)(e) of this	1076
section.	1077

(g) Whether a school district or building is making progress	1078
in improving literacy in grades kindergarten through three, as	1079
determined using a method prescribed by the state board. The state	1080
board shall adopt rules to prescribe benchmarks and standards for	1081
assigning grades to a district or building for purposes of	1082
division (C)(1)(g) of this section. The state board shall	1083
designate for a "C" grade a value that is not lower than the	1084
previous year's statewide average value for this measure. No grade	1085
shall be issued under division (C)(1)(g) of this section for a	1086
district or building in which less than five per cent of students	1087
have scored below grade level on the kindergarten diagnostic	1088
assessment under division (B)(1) of section 3313.608 of the	1089
Revised Code, unless five per cent or more of students fail to	1090
score proficient or above on the English language arts assessment	1091
prescribed under division (A)(1)(a) of section 3301.0710 of the	1092
Revised Code.	1093

(h) For a high mobility school district or building, an	1094
additional value-added progress dimension score. For this measure,	1095
the department shall use value-added data from the most recent	1096
school year available and shall use assessment scores for only	1097
those students to whom the district or building has administered	1098
the assessments prescribed by section 3301.0710 of the Revised	1099
Code for each of the two most recent consecutive school years.	1100

As used in this division, "high mobility school district or	1101
building" means a school district or building where at least	1102
twenty-five per cent of its total enrollment is made up of	1103
students who have attended that school district or building for	1104
less than one year.	1105

(2) In addition to the graded measures in division (C)(1) of	1106
this section, the department shall include on a school district's	1107
or building's report card all of the following without an assigned	1108
letter grade:	1109

(a) The percentage of students enrolled in a district or	1110
building who have taken a national standardized test used for	1111
college admission determinations and the percentage of those	1112
students who are determined to be remediation-free in accordance	1113
with the standards adopted under division (F) of section 3345.061	1114
of the Revised Code;	1115

(b) The percentage of students enrolled in a district or	1116
building participating in advanced placement classes and the	1117
percentage of those students who received a score of three or	1118
better on advanced placement examinations;	1119

(c) The percentage of a district's or building's students who	1120
have earned at least three college credits through advanced	1121
standing programs, such as the college credit plus program under	1122
Chapter 3365. of the Revised Code and state-approved	1123
career-technical courses offered through dual enrollment or	1124
statewide articulation, that appear on a student's college	1125
transcript issued by the institution of higher education from	1126
which the student earned the college credit. The credits earned	1127
that are reported under divisions (B)(2)(b) and (C)(2)(c) of this	1128
section shall not include any that are remedial or developmental	1129
and shall include those that count toward the curriculum	1130
requirements established for completion of a degree.	1131

(d) The percentage of the district's or building's students	1132
who receive an honor's diploma under division (B) of section	1133
3313.61 of the Revised Code;	1134

(e) The percentage of the district's or building's students	1135
who receive industry-recognized credentials;	1136

(f) The percentage of students enrolled in a district or	1137
building who are participating in an international baccalaureate	1138
program and the percentage of those students who receive a score	1139
of four or better on the international baccalaureate examinations;	1140

(g) The results of the college and career-ready assessments	1141
administered under division (B)(1) of section 3301.0712 of the	1142
Revised Code.	1143

(3) The state board shall adopt rules pursuant to Chapter	1144
119. of the Revised Code that establish a method to assign an	1145
overall grade for a school district or school building for the	1146
2014-2015 school year and each school year thereafter. The rules	1147
shall group the performance measures in divisions (C)(1) and (2)	1148
of this section into the following components:	1149

(a) Gap closing, which shall include the performance measure	1150
in division (C)(1)(a) of this section;	1151

(b) Achievement, which shall include the performance measures	1152
in divisions (C)(1)(b) and (c) of this section;	1153

(c) Progress, which shall include the performance measures in	1154
divisions (C)(1)(e) and (f) of this section;	1155

(d) Graduation, which shall include the performance measure	1156
in division (C)(1)(d) of this section;	1157

(e) Kindergarten through third-grade literacy, which shall	1158
include the performance measure in division (C)(1)(g) of this	1159
section;	1160

(f) Prepared for success, which shall include the performance	1161
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1162
this section. The state board shall develop a method to determine	1163
a grade for the component in division (C)(3)(f) of this section	1164
using the performance measures in divisions (C)(2)(a), (b), (c),	1165
(d), (e), and (f) of this section. When available, the state board	1166
may incorporate the performance measure under division (C)(2)(g)	1167
of this section into the component under division (C)(3)(f) of	1168
this section. When determining the overall grade for the prepared	1169
for success component prescribed by division (C)(3)(f) of this	1170
section, no individual student shall be counted in more than one	1171
performance measure. However, if a student qualifies for more than	1172
one performance measure in the component, the state board may, in	1173
its method to determine a grade for the component, specify an	1174
additional weight for such a student that is not greater than or	1175
equal to 1.0. In determining the overall score under division	1176
(C)(3)(f) of this section, the state board shall ensure that the	1177
pool of students included in the performance measures aggregated	1178
under that division are all of the students included in the four-	1179
and five-year adjusted graduation cohort.	1180

In the rules adopted under division (C)(3) of this section,	1181
the state board shall adopt a method for determining a grade for	1182
each component in divisions (C)(3)(a) to (f) of this section. The	1183
state board also shall establish a method to assign an overall	1184
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1185
each component. The method the state board adopts for assigning an	1186
overall grade shall give equal weight to the components in	1187
divisions (C)(3)(b) and (c) of this section.	1188

At least forty-five days prior to the state board's adoption	1189
of rules to prescribe the methods for calculating the overall	1190
grade for the report card, as required by this division, the	1191
department shall conduct a public presentation before the standing	1192
committees of the house of representatives and the senate that	1193
consider education legislation describing the format for the	1194
report card, weights that will be assigned to the components of	1195
the overall grade, and the method for calculating the overall	1196
grade.	1197

(D) Not later than July 1, 2015, the state board shall	1198
develop a measure of student academic progress for high school	1199
students using only data from assessments in English language arts	1200
and mathematics. For the 2014-2015 school year, the department	1201
shall include this measure on a school district or building's	1202
report card, as applicable, without an assigned letter grade.	1203
Beginning with the report card for the 2015-2016 school year, each	1204
school district and applicable school building shall be assigned a	1205
separate letter grade for this measure and the district's or	1206
building's grade for that measure shall be included in determining	1207
the district's or building's overall letter grade. This measure	1208
shall be included within the measure prescribed in division	1209
(C)(3)(c) of this section in the calculation for the overall	1210
letter grade.	1211

(E) The letter grades assigned to a school district or	1212
building under this section shall be as follows:	1213

(1) "A" for a district or school making excellent progress;

1214

(2) "B" for a district or school making above average	1215
progress;	1216

(3) "C" for a district or school making average progress;

1217

(4) "D" for a district or school making below average	1218
progress;	1219

(5) "F" for a district or school failing to meet minimum	1220
progress.	1221

(F) When reporting data on student achievement and progress,	1222
the department shall disaggregate that data according to the	1223
following categories:	1224

(1) Performance of students by grade-level;

1225

(2) Performance of students by race and ethnic group;

1226

(3) Performance of students by gender;

1227

(4) Performance of students grouped by those who have been	1228
enrolled in a district or school for three or more years;	1229

(5) Performance of students grouped by those who have been	1230
enrolled in a district or school for more than one year and less	1231
than three years;	1232

(6) Performance of students grouped by those who have been	1233
enrolled in a district or school for one year or less;	1234

(7) Performance of students grouped by those who are	1235
economically disadvantaged;	1236

(8) Performance of students grouped by those who are enrolled	1237
in a conversion community school established under Chapter 3314.	1238
of the Revised Code;	1239

(9) Performance of students grouped by those who are	1240
classified as limited English proficient;	1241

(10) Performance of students grouped by those who have	1242
disabilities;	1243

(11) Performance of students grouped by those who are	1244
classified as migrants;	1245

(12) Performance of students grouped by those who are	1246
identified as gifted in superior cognitive ability and the	1247
specific academic ability fields of reading and math pursuant to	1248
Chapter 3324. of the Revised Code. In disaggregating specific	1249
academic ability fields for gifted students, the department shall	1250
use data for those students with specific academic ability in math	1251
and reading. If any other academic field is assessed, the	1252
department shall also include data for students with specific	1253
academic ability in that field as well.	1254

(13) Performance of students grouped by those who perform in	1255
the lowest quintile for achievement on a statewide basis, as	1256
determined by a method prescribed by the state board.	1257

The department may disaggregate data on student performance	1258
according to other categories that the department determines are	1259
appropriate. To the extent possible, the department shall	1260
disaggregate data on student performance according to any	1261
combinations of two or more of the categories listed in divisions	1262
(F)(1) to (13) of this section that it deems relevant.	1263

In reporting data pursuant to division (F) of this section,	1264
the department shall not include in the report cards any data	1265
statistical in nature that is statistically unreliable or that	1266
could result in the identification of individual students. For	1267
this purpose, the department shall not report student performance	1268
data for any group identified in division (F) of this section that	1269
contains less than ten students. If the department does not report	1270
student performance data for a group because it contains less than	1271
ten students, the department shall indicate on the report card	1272
that is why data was not reported.	1273

(G) The department may include with the report cards any	1274
additional education and fiscal performance data it deems	1275
valuable.	1276

(H) The department shall include on each report card a list	1277
of additional information collected by the department that is	1278
available regarding the district or building for which the report	1279
card is issued. When available, such additional information shall	1280
include student mobility data disaggregated by race and	1281
socioeconomic status, college enrollment data, and the reports	1282
prepared under section 3302.031 of the Revised Code.	1283

The department shall maintain a site on the world wide web.	1284
The report card shall include the address of the site and shall	1285
specify that such additional information is available to the	1286
public at that site. The department shall also provide a copy of	1287
each item on the list to the superintendent of each school	1288
district. The district superintendent shall provide a copy of any	1289
item on the list to anyone who requests it.	1290

(I) Division (I) of this section does not apply to conversion	1291
community schools that primarily enroll students between sixteen	1292
and twenty-two years of age who dropped out of high school or are	1293
at risk of dropping out of high school due to poor attendance,	1294
disciplinary problems, or suspensions.	1295

(1) For any district that sponsors a conversion community	1296
school under Chapter 3314. of the Revised Code, the department	1297
shall combine data regarding the academic performance of students	1298
enrolled in the community school with comparable data from the	1299
schools of the district for the purpose of determining the	1300
performance of the district as a whole on the report card issued	1301
for the district under this section or section 3302.033 of the	1302
Revised Code.	1303

(2) Any district that leases a building to a community school	1304
located in the district or that enters into an agreement with a	1305
community school located in the district whereby the district and	1306
the school endorse each other's programs may elect to have data	1307
regarding the academic performance of students enrolled in the	1308
community school combined with comparable data from the schools of	1309
the district for the purpose of determining the performance of the	1310
district as a whole on the district report card. Any district that	1311
so elects shall annually file a copy of the lease or agreement	1312
with the department.	1313

(3) Any municipal school district, as defined in section	1314
3311.71 of the Revised Code, that sponsors a community school	1315
located within the district's territory, or that enters into an	1316
agreement with a community school located within the district's	1317
territory whereby the district and the community school endorse	1318
each other's programs, may exercise either or both of the	1319
following elections:	1320

(a) To have data regarding the academic performance of	1321
students enrolled in that community school combined with	1322
comparable data from the schools of the district for the purpose	1323
of determining the performance of the district as a whole on the	1324
district's report card;	1325

(b) To have the number of students attending that community	1326
school noted separately on the district's report card.	1327

The election authorized under division (I)(3)(a) of this	1328
section is subject to approval by the governing authority of the	1329
community school.	1330

Any municipal school district that exercises an election to	1331
combine or include data under division (I)(3) of this section, by	1332
the first day of October of each year, shall file with the	1333
department documentation indicating eligibility for that election,	1334
as required by the department.	1335

(J) The department shall include on each report card the	1336
percentage of teachers in the district or building who are highly	1337
qualified, as defined by the No Child Left Behind Act of 2001, and	1338
a comparison of that percentage with the percentages of such	1339
teachers in similar districts and buildings.	1340

(K)(1) In calculating English language arts, mathematics,	1341
social studies, or science assessment passage rates used to	1342
determine school district or building performance under this	1343
section, the department shall include all students taking an	1344
assessment with accommodation or to whom an alternate assessment	1345
is administered pursuant to division (C)(1) or (3) of section	1346
3301.0711 of the Revised Code.	1347

(2) In calculating performance index scores, rates of	1348
achievement on the performance indicators established by the state	1349
board under section 3302.02 of the Revised Code, and annual	1350
measurable objectives for determining adequate yearly progress for	1351
school districts and buildings under this section, the department	1352
shall do all of the following:	1353

(a) Include for each district or building only those students	1354
who are included in the ADM certified for the first full school	1355
week of October and are continuously enrolled in the district or	1356
building through the time of the spring administration of any	1357
assessment prescribed by division (A)(1) or (B)(1) of section	1358
3301.0710 or division (B) of section 3301.0712 of the Revised Code	1359
that is administered to the student's grade level;	1360

(b) Include cumulative totals from both the fall and spring	1361
administrations of the third grade English language arts	1362
achievement assessment;	1363

(c) Except as required by the No Child Left Behind Act of	1364
2001, exclude for each district or building any limited English	1365
proficient student who has been enrolled in United States schools	1366
for less than one full school year.	1367

(L) Beginning with the 2015-2016 school year and at least	1368
once every three years thereafter, the state board of education	1369
shall review and may adjust the benchmarks for assigning letter	1370
grades to the performance measures and components prescribed under	1371
divisions (C)(3) and (D) of this section.	1372

Sec. 3302.035. (A) Not later than October 1, 2015, and not	1373
later than the first day of October each year thereafter, the	1374
department of education shall report for each school district,	1375
each community school established under Chapter 3314., each STEM	1376
school established under Chapter 3326., and each	1377
college-preparatory boarding school established under Chapter	1378
3328. of the Revised Code, the following measures for students	1379
with disabilities enrolled in that school district or community,	1380
STEM, or college-preparatory boarding school:	1381

(1) The value-added progress dimension score, as	1382
disaggregated for that subgroup under division (C)(1)(f) of	1383
section 3302.03 of the Revised Code;	1384

(2) The performance index score for that subgroup, as defined	1385
under division (A) of section 3302.01 of the Revised Code;	1386

(3) The four- ~~and five-year~~, five-, six-, seven-, and	1387
eight-year adjusted cohort graduation rates~~, as defined under~~	1388
~~divisions (G)(1) and (2) of section 3302.01 of the Revised Code,~~	1389
for that subgroup;	1390

(4) Annual measurable objectives for that subgroup;

1391

(5) Data regarding disciplinary actions taken by the district	1392
or school against students with disabilities compared with such	1393
actions taken against students without disabilities.	1394

(B) The department shall also calculate and report all of the	1395
following:	1396

(1) The state average for each of the measures specified in	1397
division (A) of this section;	1398

(2) The state average for the value-added progress dimension	1399
score for students with disabilities, disaggregated by grade level	1400
and subject area;	1401

(3) The state average for the performance index score for	1402
students with disabilities, disaggregated for each category of	1403
disability described in divisions (A) to (F) of section 3317.013	1404
of the Revised Code.	1405

(C) The department shall make each report completed pursuant	1406
to ~~division~~divisions (A) and (B) of this section available on its	1407
web site for comparison purposes.	1408

(D) As used in this section:

1409

(1) "Four-year adjusted cohort graduation rate" and	1410
"five-year adjusted cohort graduation rate" have the same meanings	1411
as in divisions (G)(1) and (2) of section 3302.01 of the Revised	1412
Code.	1413

(2) "Six-year adjusted cohort graduation rate" means the	1414
number of students who graduate in six years with a regular high	1415
school diploma divided by the number of students who form the	1416
adjusted cohort for the four-year graduation rate.	1417

(3) "Seven-year adjusted cohort graduation rate" means the	1418
number of students who graduate in seven years with a regular high	1419
school diploma divided by the number of students who form the	1420
adjusted cohort for the four-year graduation rate.	1421

(4) "Eight-year adjusted cohort graduation rate" means the	1422
number of students who graduate in eight years with a regular high	1423
school diploma divided by the number of students who form the	1424
adjusted cohort for the four-year graduation rate.	1425

Sec. 3313.534. No(A) Not later than July 1, 1998, the board	1426
of education of each city, exempted village, and local school	1427
district shall adopt a policy of zero tolerance for violent,	1428
disruptive, or inappropriate behavior, including excessive	1429
truancy, and establish strategies to address such behavior that	1430
range from prevention to intervention.	1431

No(B) Not later than July 1, 1999, each of the big eight	1432
school districts, as defined in section 3314.02 of the Revised	1433
Code, shall establish under section 3313.533 of the Revised Code	1434
at least one alternative school to meet the educational needs of	1435
students with severe discipline problems, including, but not	1436
limited to, excessive truancy, excessive disruption in the	1437
classroom, and multiple suspensions or expulsions. Any other	1438
school district that attains after that date a significantly	1439
substandard graduation rate, as defined by the department of	1440
education, shall also establish such an alternative school under	1441
that section.	1442

(C)(1) Not later than June 30, 2015, the state board of	1443
education shall develop a model disciplinary policy for violent,	1444
disruptive, or inappropriate behavior, including excessive	1445
truancy, that stresses preventive strategies and alternatives to	1446
suspension and expulsion.	1447

(2) Not later than December 31, 2015, the department of	1448
education shall do both of the following:	1449

(a) Provide to each school district a copy of the policy	1450
adopted by the state board pursuant to division (C)(1) of this	1451
section;	1452

(b) Develop materials to assist school districts in providing	1453
teacher and staff training on the implementation of the strategies	1454
included in that policy.	1455

Sec. 3313.603. (A) As used in this section:

1456

(1) "One unit" means a minimum of one hundred twenty hours of	1457
course instruction, except that for a laboratory course, "one	1458
unit" means a minimum of one hundred fifty hours of course	1459
instruction.	1460

(2) "One-half unit" means a minimum of sixty hours of course	1461
instruction, except that for physical education courses, "one-half	1462
unit" means a minimum of one hundred twenty hours of course	1463
instruction.	1464

(B) Beginning September 15, 2001, except as required in	1465
division (C) of this section and division (C) of section 3313.614	1466
of the Revised Code, the requirements for graduation from every	1467
high school shall include twenty units earned in grades nine	1468
through twelve and shall be distributed as follows:	1469

(1) English language arts, four units;

1470

(2) Health, one-half unit;

1471

(3) Mathematics, three units;

1472

(4) Physical education, one-half unit;

1473

(5) Science, two units until September 15, 2003, and three	1474
units thereafter, which at all times shall include both of the	1475
following:	1476

(a) Biological sciences, one unit;

1477

(b) Physical sciences, one unit.

1478

(6) History and government, one unit, which shall comply with	1479
division (M) of this section and shall include both of the	1480
following:	1481

(a) American history, one-half unit;

1482

(b) American government, one-half unit.

1483

(7) Social studies, two units.

1484

Beginning with students who enter ninth grade for the first	1485
time on or after July 1, 2017, the two units of instruction	1486
prescribed by division (B)(7) of this section shall include at	1487
least one-half unit of instruction in the study of world history	1488
and civilizations.	1489

(8) Elective units, seven units until September 15, 2003, and	1490
six units thereafter.	1491

Each student's electives shall include at least one unit, or	1492
two half units, chosen from among the areas of	1493
business/technology, fine arts, and/or foreign language.	1494

(C) Beginning with students who enter ninth grade for the	1495
first time on or after July 1, 2010, except as provided in	1496
divisions (D) to (F) of this section, the requirements for	1497
graduation from every public and chartered nonpublic high school	1498
shall include twenty units that are designed to prepare students	1499
for the workforce and college. The units shall be distributed as	1500
follows:	1501

(1) English language arts, four units;

1502

(2) Health, one-half unit, which shall include instruction in	1503
nutrition and the benefits of nutritious foods and physical	1504
activity for overall health;	1505

(3) Mathematics, four units, which shall include one unit of	1506
algebra II or the equivalent of algebra II;	1507

(4) Physical education, one-half unit;

1508

(5) Science, three units with inquiry-based laboratory	1509
experience that engages students in asking valid scientific	1510
questions and gathering and analyzing information, which shall	1511
include the following, or their equivalent:	1512

(a) Physical sciences, one unit;

1513

(b) Life sciences, one unit;

1514

(c) Advanced study in one or more of the following sciences,	1515
one unit:	1516

(i) Chemistry, physics, or other physical science;

1517

(ii) Advanced biology or other life science;

1518

(iii) Astronomy, physical geology, or other earth or space	1519
science.	1520

(6) History and government, one unit, which shall comply with	1521
division (M) of this section and shall include both of the	1522
following:	1523

(a) American history, one-half unit;

1524

(b) American government, one-half unit.

1525

(7) Social studies, two units.

1526

Each school shall integrate the study of economics and	1527
financial literacy, as expressed in the social studies academic	1528
content standards adopted by the state board of education under	1529
division (A)(1) of section 3301.079 of the Revised Code and the	1530
academic content standards for financial literacy and	1531
entrepreneurship adopted under division (A)(2) of that section,	1532
into one or more existing social studies credits required under	1533
division (C)(7) of this section, or into the content of another	1534
class, so that every high school student receives instruction in	1535
those concepts. In developing the curriculum required by this	1536
paragraph, schools shall use available public-private partnerships	1537
and resources and materials that exist in business, industry, and	1538
through the centers for economics education at institutions of	1539
higher education in the state.	1540

Beginning with students who enter ninth grade for the first	1541
time on or after July 1, 2017, the two units of instruction	1542
prescribed by division (C)(7) of this section shall include at	1543
least one-half unit of instruction in the study of world history	1544
and civilizations.	1545

(8) Five units consisting of one or any combination of	1546
foreign language, fine arts, business, career-technical education,	1547
family and consumer sciences, technology, agricultural education,	1548
a junior reserve officer training corps (JROTC) program approved	1549
by the congress of the United States under title 10 of the United	1550
States Code, or English language arts, mathematics, science, or	1551
social studies courses not otherwise required under division (C)	1552
of this section.	1553

Ohioans must be prepared to apply increased knowledge and	1554
skills in the workplace and to adapt their knowledge and skills	1555
quickly to meet the rapidly changing conditions of the	1556
twenty-first century. National studies indicate that all high	1557
school graduates need the same academic foundation, regardless of	1558
the opportunities they pursue after graduation. The goal of Ohio's	1559
system of elementary and secondary education is to prepare all	1560
students for and seamlessly connect all students to success in	1561
life beyond high school graduation, regardless of whether the next	1562
step is entering the workforce, beginning an apprenticeship,	1563
engaging in post-secondary training, serving in the military, or	1564
pursuing a college degree.	1565

The requirements for graduation prescribed in division (C) of	1566
this section are the standard expectation for all students	1567
entering ninth grade for the first time at a public or chartered	1568
nonpublic high school on or after July 1, 2010. A student may	1569
satisfy this expectation through a variety of methods, including,	1570
but not limited to, integrated, applied, career-technical, and	1571
traditional coursework.	1572

Whereas teacher quality is essential for student success when	1573
completing the requirements for graduation, the general assembly	1574
shall appropriate funds for strategic initiatives designed to	1575
strengthen schools' capacities to hire and retain highly qualified	1576
teachers in the subject areas required by the curriculum. Such	1577
initiatives are expected to require an investment of $120,000,000	1578
over five years.	1579

Stronger coordination between high schools and institutions	1580
of higher education is necessary to prepare students for more	1581
challenging academic endeavors and to lessen the need for academic	1582
remediation in college, thereby reducing the costs of higher	1583
education for Ohio's students, families, and the state. The state	1584
board and the chancellor of the Ohio board of regents shall	1585
develop policies to ensure that only in rare instances will	1586
students who complete the requirements for graduation prescribed	1587
in division (C) of this section require academic remediation after	1588
high school.	1589

School districts, community schools, and chartered nonpublic	1590
schools shall integrate technology into learning experiences	1591
across the curriculum in order to maximize efficiency, enhance	1592
learning, and prepare students for success in the	1593
technology-driven twenty-first century. Districts and schools	1594
shall use distance and web-based course delivery as a method of	1595
providing or augmenting all instruction required under this	1596
division, including laboratory experience in science. Districts	1597
and schools shall utilize technology access and electronic	1598
learning opportunities provided by the broadcast educational media	1599
commission, chancellor, the Ohio learning network, education	1600
technology centers, public television stations, and other public	1601
and private providers.	1602

(D) Except as provided in division (E) of this section, a	1603
student who enters ninth grade on or after July 1, 2010, and	1604
before July 1, 2016, may qualify for graduation from a public or	1605
chartered nonpublic high school even though the student has not	1606
completed the requirements for graduation prescribed in division	1607
(C) of this section if all of the following conditions are	1608
satisfied:	1609

(1) During the student's third year of attending high school,	1610
as determined by the school, the student and the student's parent,	1611
guardian, or custodian sign and file with the school a written	1612
statement asserting the parent's, guardian's, or custodian's	1613
consent to the student's graduating without completing the	1614
requirements for graduation prescribed in division (C) of this	1615
section and acknowledging that one consequence of not completing	1616
those requirements is ineligibility to enroll in most state	1617
universities in Ohio without further coursework.	1618

(2) The student and parent, guardian, or custodian fulfill	1619
any procedural requirements the school stipulates to ensure the	1620
student's and parent's, guardian's, or custodian's informed	1621
consent and to facilitate orderly filing of statements under	1622
division (D)(1) of this section. Annually, each district or school	1623
shall notify the department of education of the number of students	1624
who choose to qualify for graduation under division (D) of this	1625
section and the number of students who complete the student's	1626
success plan and graduate from high school.	1627

(3) The student and the student's parent, guardian, or	1628
custodian and a representative of the student's high school	1629
jointly develop a student success plan for the student in the	1630
manner described in division (C)(1) of section 3313.6020 of the	1631
Revised Code that specifies the student matriculating to a	1632
two-year degree program, acquiring a business and	1633
industry-recognized credential, or entering an apprenticeship.	1634

(4) The student's high school provides counseling and support	1635
for the student related to the plan developed under division	1636
(D)(3) of this section during the remainder of the student's high	1637
school experience.	1638

(5)(a) Except as provided in division (D)(5)(b) of this	1639
section, the student successfully completes, at a minimum, the	1640
curriculum prescribed in division (B) of this section.	1641

(b) Beginning with students who enter ninth grade for the	1642
first time on or after July 1, 2014, a student shall be required	1643
to complete successfully, at the minimum, the curriculum	1644
prescribed in division (B) of this section, except as follows:	1645

(i) Mathematics, four units, one unit which shall be one of	1646
the following:	1647

(I) Probability and statistics;

1648

(II) Computer programming;

1649

(III) Applied mathematics or quantitative reasoning;

1650

(IV) Any other course approved by the department using	1651
standards established by the superintendent not later than October	1652
1, 2014.	1653

(ii) Elective units, five units;

1654

(iii) Science, three units as prescribed by division (B) of	1655
this section which shall include inquiry-based laboratory	1656
experience that engages students in asking valid scientific	1657
questions and gathering and analyzing information.	1658

The department, in collaboration with the chancellor, shall	1659
analyze student performance data to determine if there are	1660
mitigating factors that warrant extending the exception permitted	1661
by division (D) of this section to high school classes beyond	1662
those entering ninth grade before July 1, 2016. The department	1663
shall submit its findings and any recommendations not later than	1664
December 1, 2015, to the speaker and minority leader of the house	1665
of representatives, the president and minority leader of the	1666
senate, the chairpersons and ranking minority members of the	1667
standing committees of the house of representatives and the senate	1668
that consider education legislation, the state board of education,	1669
and the superintendent of public instruction.	1670

(E) Each school district and chartered nonpublic school	1671
retains the authority to require an even more challenging minimum	1672
curriculum for high school graduation than specified in division	1673
(B) or (C) of this section. A school district board of education,	1674
through the adoption of a resolution, or the governing authority	1675
of a chartered nonpublic school may stipulate any of the	1676
following:	1677

(1) A minimum high school curriculum that requires more than	1678
twenty units of academic credit to graduate;	1679

(2) An exception to the district's or school's minimum high	1680
school curriculum that is comparable to the exception provided in	1681
division (D) of this section but with additional requirements,	1682
which may include a requirement that the student successfully	1683
complete more than the minimum curriculum prescribed in division	1684
(B) of this section;	1685

(3) That no exception comparable to that provided in division	1686
(D) of this section is available.	1687

(F) A student enrolled in a dropout prevention and recovery	1688
program, which program has received a waiver from the department,	1689
may qualify for graduation from high school by successfully	1690
completing a competency-based instructional program administered	1691
by the dropout prevention and recovery program in lieu of	1692
completing the requirements for graduation prescribed in division	1693
(C) of this section. The department shall grant a waiver to a	1694
dropout prevention and recovery program, within sixty days after	1695
the program applies for the waiver, if the program meets all of	1696
the following conditions:	1697

(1) The program serves only students not younger than sixteen	1698
years of age and not older than twenty-one years of age.	1699

(2) The program enrolls students who, at the time of their	1700
initial enrollment, either, or both, are at least one grade level	1701
behind their cohort age groups or experience crises that	1702
significantly interfere with their academic progress such that	1703
they are prevented from continuing their traditional programs.	1704

(3) The program requires students to attain at least the	1705
applicable score designated for each of the assessments prescribed	1706
under division (B)(1) of section 3301.0710 of the Revised Code or,	1707
to the extent prescribed by rule of the state board under division	1708
(D)(5) of section 3301.0712 of the Revised Code, division (B)(2)	1709
of that section.	1710

(4) The program develops a student success plan for the	1711
student in the manner described in division (C)(1) of section	1712
3313.6020 of the Revised Code that specifies the student's	1713
matriculating to a two-year degree program, acquiring a business	1714
and industry-recognized credential, or entering an apprenticeship.	1715

(5) The program provides counseling and support for the	1716
student related to the plan developed under division (F)(4) of	1717
this section during the remainder of the student's high school	1718
experience.	1719

(6) The program requires the student and the student's	1720
parent, guardian, or custodian to sign and file, in accordance	1721
with procedural requirements stipulated by the program, a written	1722
statement asserting the parent's, guardian's, or custodian's	1723
consent to the student's graduating without completing the	1724
requirements for graduation prescribed in division (C) of this	1725
section and acknowledging that one consequence of not completing	1726
those requirements is ineligibility to enroll in most state	1727
universities in Ohio without further coursework.	1728

(7) Prior to receiving the waiver, the program has submitted	1729
to the department an instructional plan that demonstrates how the	1730
academic content standards adopted by the state board under	1731
section 3301.079 of the Revised Code will be taught and assessed.	1732

(8) Prior to receiving the waiver, the program has submitted	1733
to the department a policy on career advising that satisfies the	1734
requirements of section 3313.6020 of the Revised Code, with an	1735
emphasis on how every student will receive career advising.	1736

(9) Prior to receiving the waiver, the program has submitted	1737
to the department a written agreement outlining the future	1738
cooperation between the program and any combination of local job	1739
training, postsecondary education, nonprofit, and health and	1740
social service organizations to provide services for students in	1741
the program and their families.	1742

Divisions (F)(8) and (9) of this section apply only to	1743
waivers granted on or after July 1, 2015.	1744

If the department does not act either to grant the waiver or	1745
to reject the program application for the waiver within sixty days	1746
as required under this section, the waiver shall be considered to	1747
be granted.	1748

(G) Every high school may permit students below the ninth	1749
grade to take advanced work. If a high school so permits, it shall	1750
award high school credit for successful completion of the advanced	1751
work and shall count such advanced work toward the graduation	1752
requirements of division (B) or (C) of this section if the	1753
advanced work was both:	1754

(1) Taught by a person who possesses a license or certificate	1755
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	1756
Code that is valid for teaching high school;	1757

(2) Designated by the board of education of the city, local,	1758
or exempted village school district, the board of the cooperative	1759
education school district, or the governing authority of the	1760
chartered nonpublic school as meeting the high school curriculum	1761
requirements.	1762

Each high school shall record on the student's high school	1763
transcript all high school credit awarded under division (G) of	1764
this section. In addition, if the student completed a seventh- or	1765
eighth-grade fine arts course described in division (K) of this	1766
section and the course qualified for high school credit under that	1767
division, the high school shall record that course on the	1768
student's high school transcript.	1769

(H) The department shall make its individual academic career	1770
plan available through its Ohio career information system web site	1771
for districts and schools to use as a tool for communicating with	1772
and providing guidance to students and families in selecting high	1773
school courses.	1774

(I) Units earned in English language arts, mathematics,	1775
science, and social studies that are delivered through integrated	1776
academic and career-technical instruction are eligible to meet the	1777
graduation requirements of division (B) or (C) of this section.	1778

(J) The state board, in consultation with the chancellor,	1779
shall adopt a statewide plan implementing methods for students to	1780
earn units of high school credit based on a demonstration of	1781
subject area competency, instead of or in combination with	1782
completing hours of classroom instruction. The state board shall	1783
adopt the plan not later than March 31, 2009, and commence phasing	1784
in the plan during the 2009-2010 school year. The plan shall	1785
include a standard method for recording demonstrated proficiency	1786
on high school transcripts. Each school district and community	1787
school shall comply with the state board's plan adopted under this	1788
division and award units of high school credit in accordance with	1789
the plan. The state board may adopt existing methods for earning	1790
high school credit based on a demonstration of subject area	1791
competency as necessary prior to the 2009-2010 school year.	1792

(K) This division does not apply to students who qualify for	1793
graduation from high school under division (D) or (F) of this	1794
section, or to students pursuing a career-technical instructional	1795
track as determined by the school district board of education or	1796
the chartered nonpublic school's governing authority.	1797
Nevertheless, the general assembly encourages such students to	1798
consider enrolling in a fine arts course as an elective.	1799

Beginning with students who enter ninth grade for the first	1800
time on or after July 1, 2010, each student enrolled in a public	1801
or chartered nonpublic high school shall complete two semesters or	1802
the equivalent of fine arts to graduate from high school. The	1803
coursework may be completed in any of grades seven to twelve. Each	1804
student who completes a fine arts course in grade seven or eight	1805
may elect to count that course toward the five units of electives	1806
required for graduation under division (C)(8) of this section, if	1807
the course satisfied the requirements of division (G) of this	1808
section. In that case, the high school shall award the student	1809
high school credit for the course and count the course toward the	1810
five units required under division (C)(8) of this section. If the	1811
course in grade seven or eight did not satisfy the requirements of	1812
division (G) of this section, the high school shall not award the	1813
student high school credit for the course but shall count the	1814
course toward the two semesters or the equivalent of fine arts	1815
required by this division.	1816

(L) Notwithstanding anything to the contrary in this section,	1817
the board of education of each school district and the governing	1818
authority of each chartered nonpublic school may adopt a policy to	1819
excuse from the high school physical education requirement each	1820
student who, during high school, has participated in	1821
interscholastic athletics, marching band, or cheerleading for at	1822
least two full seasons or in the junior reserve officer training	1823
corps for at least two full school years. If the board or	1824
authority adopts such a policy, the board or authority shall not	1825
require the student to complete any physical education course as a	1826
condition to graduate. However, the student shall be required to	1827
complete one-half unit, consisting of at least sixty hours of	1828
instruction, in another course of study. In the case of a student	1829
who has participated in the junior reserve officer training corps	1830
for at least two full school years, credit received for that	1831
participation may be used to satisfy the requirement to complete	1832
one-half unit in another course of study.	1833

(M) It is important that high school students learn and	1834
understand United States history and the governments of both the	1835
United States and the state of Ohio. Therefore, beginning with	1836
students who enter ninth grade for the first time on or after July	1837
1, 2012, the study of American history and American government	1838
required by divisions (B)(6) and (C)(6) of this section shall	1839
include the study of all of the following documents:	1840

(1) The Declaration of Independence;

1841

(2) The Northwest Ordinance;

1842

(3) The Constitution of the United States with emphasis on	1843
the Bill of Rights;	1844

(4) The Ohio Constitution.

1845

The study of each of the documents prescribed in divisions	1846
(M)(1) to (4) of this section shall include study of that document	1847
in its original context.	1848

The study of American history and government required by	1849
divisions (B)(6) and (C)(6) of this section shall include the	1850
historical evidence of the role of documents such as the	1851
Federalist Papers and the Anti-Federalist Papers to firmly	1852
establish the historical background leading to the establishment	1853
of the provisions of the Constitution and Bill of Rights.	1854

Sec. 3313.612. (A) No nonpublic school chartered by the	1855
state board of education shall grant a high school diploma to any	1856
person unless, subject to section 3313.614 of the Revised Code,	1857
the person has met the assessment requirements of division (A)(1)	1858
or (2) of this section, as applicable.	1859

(1) If the person entered the ninth grade prior to July 1,	1860
2014, the person has attained at least the applicable scores	1861
designated under division (B)(1) of section 3301.0710 of the	1862
Revised Code on all the assessments required by that division, or	1863
has satisfied the alternative conditions prescribed in section	1864
3313.615 of the Revised Code.	1865

(2) If the person entered the ninth grade on or after July 1,	1866
2014, the person has met the requirement prescribed by section	1867
3313.618 of the Revised Code.	1868

(B) This section does not apply to any of the following:

1869

(1) Any person with regard to any assessment from which the	1870
person was excused pursuant to division (C)(1)(c) of section	1871
3301.0711 of the Revised Code;	1872

(2) Any person ~~that~~who attends a nonpublic school acting in	1873
accordance with division (D) of this section ~~with regard to any~~	1874
~~end-of-course examination required under divisions (B)(2) and (3)~~	1875
~~of section 3301.0712 of the Revised Code~~, unless that person is a	1876
student attending the school under a state scholarship program as	1877
defined in section 3301.0711 of the Revised Code;	1878

(3) Any person with regard to the social studies assessment	1879
under division (B)(1) of section 3301.0710 of the Revised Code,	1880
any American history end-of-course examination and any American	1881
government end-of-course examination required under division (B)	1882
of section 3301.0712 of the Revised Code if such an exemption is	1883
prescribed by rule of the state board of education under division	1884
(D)(3) of section 3301.0712 of the Revised Code, or the	1885
citizenship test under former division (B) of section 3301.0710 of	1886
the Revised Code as it existed prior to September 11, 2001, if all	1887
of the following apply:	1888

(a) The person is not a citizen of the United States;

1889

(b) The person is not a permanent resident of the United	1890
States;	1891

(c) The person indicates no intention to reside in the United	1892
States after completion of high school.	1893

(C) As used in this division, "limited English proficient	1894
student" has the same meaning as in division (C)(3) of section	1895
3301.0711 of the Revised Code.	1896

Notwithstanding division (C)(3) of section 3301.0711 of the	1897
Revised Code, no limited English proficient student who has not	1898
either attained the applicable scores designated under division	1899
(B)(1) of section 3301.0710 of the Revised Code on all the	1900
assessments required by that division, or met the requirement	1901
prescribed by section 3313.618 of the Revised Code, shall be	1902
awarded a diploma under this section.	1903

(D) A chartered nonpublic school ~~chartered by the state board~~	1904
~~may forgo the end-of-course examinations required by divisions~~	1905
~~(B)(2) and (3) of section 3301.0712 of the Revised Code~~shall not	1906
be subject to division (A)(2) of this section, if that school	1907
publishes the results of the standardized assessment prescribed	1908
under division (B)(1) of section 3301.0712 of the Revised Code for	1909
each graduating class. The published results shall include the	1910
overall composite scores, mean scores, twenty-fifth percentile	1911
scores, and seventy-fifth percentile scores for each subject area	1912
of the assessment.	1913

The exemption prescribed in division (D) of this section is	1914
not available to a school that is subject to division (K)(1)(a) of	1915
section 3301.0711 of the Revised Code nor does it apply to any	1916
student attending a nonpublic school under a state scholarship	1917
program as defined in that section.	1918

(E) The state board shall not impose additional requirements	1919
or assessments for the granting of a high school diploma under	1920
this section that are not prescribed by this section.	1921

(F) The department of education shall furnish the assessment	1922
administered by a nonpublic school pursuant to division (B)(1) of	1923
section 3301.0712 of the Revised Code.	1924

~~(G) The exemption provided for in divisions (B)(2) and (D) of~~	1925
~~this section shall be effective on and after October 1, 2015, but~~	1926
~~only if the general assembly does not enact different requirements~~	1927
~~regarding end-of-course examinations for chartered nonpublic~~	1928
~~schools that are effective by that date.~~	1929

Sec. 3313.672. (A)(1) At the time of initial entry to a	1930
public or nonpublic school, a pupil shall present to the person in	1931
charge of admission any records given the pupil by the public or	1932
nonpublic elementary or secondary school the pupil most recently	1933
attended; a certified copy of an order or decree, or modification	1934
of such an order or decree allocating parental rights and	1935
responsibilities for the care of a child and designating a	1936
residential parent and legal custodian of the child, as provided	1937
in division (B) of this section, if that type of order or decree	1938
has been issued; a copy of a power of attorney or caretaker	1939
authorization affidavit, if either has been executed with respect	1940
to the child pursuant to sections 3109.51 to 3109.80 of the	1941
Revised Code; and a certification of birth issued pursuant to	1942
Chapter 3705. of the Revised Code, a comparable certificate or	1943
certification issued pursuant to the statutes of another state,	1944
territory, possession, or nation, or a document in lieu of a	1945
certificate or certification as described in divisions (A)(1)(a)	1946
to (e) of this section. Any of the following shall be accepted in	1947
lieu of a certificate or certification of birth by the person in	1948
charge of admission:	1949

(a) A passport or attested transcript of a passport filed	1950
with a registrar of passports at a point of entry of the United	1951
States showing the date and place of birth of the child;	1952

(b) An attested transcript of the certificate of birth;

1953

(c) An attested transcript of the certificate of baptism or	1954
other religious record showing the date and place of birth of the	1955
child;	1956

(d) An attested transcript of a hospital record showing the	1957
date and place of birth of the child;	1958

(e) A birth affidavit.

1959

(2) If a pupil requesting admission to a school of the school	1960
district in which the pupil is entitled to attend school under	1961
section 3313.64 or 3313.65 of the Revised Code has been discharged	1962
or released from the custody of the department of youth services	1963
under section 5139.51 of the Revised Code just prior to requesting	1964
admission to the school, no school official shall admit that pupil	1965
until the records described in divisions (D)(4)(a) to (d) of	1966
section 2152.18 of the Revised Code have been received by the	1967
superintendent of the school district.	1968

(3) No public or nonpublic school official shall deny a	1969
protected child admission to the school solely because the child	1970
does not present a birth certificate described in division (A)(1)	1971
of this section, a comparable certificate or certification from	1972
another state, territory, possession, or nation, or another	1973
document specified in divisions (A)(1)(a) to (e) of this section	1974
upon registration for entry into the school. However, the	1975
protected child, or the parent, custodian, or guardian of that	1976
child, shall present a birth certificate or other document	1977
specified in divisions (A)(1)(a) to (e) of this section to the	1978
person in charge of admission of the school within ninety days	1979
after the child's initial entry into the school.	1980

(4) Except as otherwise provided in division (A)(2) or (3) of	1981
this section, within twenty-four hours of the entry into the	1982
school of a pupil described in division (A)(1) of this section, a	1983
school official shall request the pupil's official records from	1984
the public or nonpublic elementary or secondary school the pupil	1985
most recently attended. If the public or nonpublic school the	1986
pupil claims to have most recently attended indicates that it has	1987
no record of the pupil's attendance or the records are not	1988
received within fourteen days of the date of request, or if the	1989
pupil does not present a certification of birth described in	1990
division (A)(1) of this section, a comparable certificate or	1991
certification from another state, territory, possession, or	1992
nation, or another document specified in divisions (A)(1)(a) to	1993
(e) of this section, the principal or chief administrative officer	1994
of the school shall notify the law enforcement agency having	1995
jurisdiction in the area where the pupil resides of this fact and	1996
of the possibility that the pupil may be a missing child, as	1997
defined in section 2901.30 of the Revised Code.	1998

(B)(1) Whenever an order or decree allocating parental rights	1999
and responsibilities for the care of a child and designating a	2000
residential parent and legal custodian of the child, including a	2001
temporary order, is issued resulting from an action of divorce,	2002
alimony, annulment, or dissolution of marriage, and the order or	2003
decree pertains to a child who is a pupil in a public or nonpublic	2004
school, the residential parent of the child shall notify the	2005
school of those allocations and designations by providing the	2006
person in charge of admission at the pupil's school with a	2007
certified copy of the order or decree that made the allocation and	2008
designation. Whenever there is a modification of any order or	2009
decree allocating parental rights and responsibilities for the	2010
care of a child and designating a residential parent and legal	2011
custodian of the child that has been submitted to a school, the	2012
residential parent shall provide the person in charge of admission	2013
at the pupil's school with a certified copy of the order or decree	2014
that makes the modification.	2015

(2) Whenever a power of attorney is executed under sections	2016
3109.51 to 3109.62 of the Revised Code that pertains to a child	2017
who is a pupil in a public or nonpublic school, the attorney in	2018
fact shall notify the school of the power of attorney by providing	2019
the person in charge of admission with a copy of the power of	2020
attorney. Whenever a caretaker authorization affidavit is executed	2021
under sections 3109.64 to 3109.73 of the Revised Code that	2022
pertains to a child who is in a public or nonpublic school, the	2023
grandparent who executed the affidavit shall notify the school of	2024
the affidavit by providing the person in charge of admission with	2025
a copy of the affidavit.	2026

(C) If, at the time of a pupil's initial entry to a public or	2027
nonpublic school, the pupil is under the care of a shelter for	2028
victims of domestic violence, as defined in section 3113.33 of the	2029
Revised Code, the pupil or the pupil's parent shall notify the	2030
school of that fact. Upon being so informed, the school shall	2031
inform the elementary or secondary school from which it requests	2032
the pupil's records of that fact.	2033

(D) Whenever a public or nonpublic school is notified by a	2034
law enforcement agency pursuant to division (D) of section 2901.30	2035
of the Revised Code that a missing child report has been filed	2036
regarding a pupil who is currently or was previously enrolled in	2037
the school, the person in charge of admission at the school shall	2038
mark that pupil's records in such a manner that whenever a copy of	2039
or information regarding the records is requested, any school	2040
official responding to the request is alerted to the fact that the	2041
records are those of a missing child. Upon any request for a copy	2042
of or information regarding a pupil's records that have been so	2043
marked, the person in charge of admission immediately shall report	2044
the request to the law enforcement agency that notified the school	2045
that the pupil is a missing child. When forwarding a copy of or	2046
information from the pupil's records in response to a request, the	2047
person in charge of admission shall do so in such a way that the	2048
receiving district or school would be unable to discern that the	2049
pupil's records are marked pursuant to this division but shall	2050
retain the mark in the pupil's records until notified that the	2051
pupil is no longer a missing child. Upon notification by a law	2052
enforcement agency that a pupil is no longer a missing child, the	2053
person in charge of admission shall remove the mark from the	2054
pupil's records in such a way that if the records were forwarded	2055
to another district or school, the receiving district or school	2056
would be unable to discern that the records were ever marked.	2057

(E) As used in this section:

2058

(1) "Protected child" means a child placed in a foster home,	2059
as that term is defined in section 5103.02 of the Revised Code, or	2060
in a residential facility.	2061

(2) "Residential facility" means a group home for children,	2062
children's crisis care facility, children's residential center,	2063
residential parenting facility that provides twenty-four-hour	2064
child care, county children's home, or district children's home.	2065

Sec. 3313.814. (A) As used in this section and sections	2066
3313.816 and 3313.817 of the Revised Code:	2067

(1) "A la carte item" means an individually priced food or	2068
beverage item that is available for sale to students through any	2069
of the following:	2070

(a) A school food service program;

2071

(b) A vending machine located on school property;

2072

(c) A store operated by the school, a student association, or	2073
other school-sponsored organization.	2074

"A la carte item" does not include any food or beverage item	2075
available for sale in connection with a school-sponsored	2076
fundraiser held outside of the regular school day, any other	2077
school-sponsored event held outside of the regular school day, or	2078
an interscholastic athletic event. "A la carte item" also does not	2079
include any food or beverage item that is part of a reimbursable	2080
meal and that is available for sale as an individually priced item	2081
in a serving portion of the same size as in the reimbursable meal,	2082
regardless of whether the food or beverage item is included in the	2083
reimbursable meal served on a particular school day.	2084

(2) "Added sweeteners" means any additives that enhance the	2085
sweetness of a beverage, including processed sugar. "Added	2086
sweeteners" do not include any natural sugars found in fruit	2087
juices that are a component of the beverage.	2088

(3) "Extended school day" means the period before and after	2089
the regular school day during which students participate in	2090
school-sponsored extracurricular activities, latchkey programs as	2091
defined in section 3313.207 of the Revised Code, or other academic	2092
or enrichment programs.	2093

(4) "Regular school day" means the period each school day	2094
between the designated arrival time for students and the end of	2095
the final instructional period.	2096

(5) "Reimbursable meal" means a meal that is provided to	2097
students through a school breakfast or lunch program established	2098
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	2099
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80	2100
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria	2101
for reimbursement established by the United States department of	2102
agriculture.	2103

(6) "School food service program" means a school food service	2104
program operated under section 3313.81 or 3313.813 of the Revised	2105
Code.	2106

(B) Each school district board of education and each	2107
chartered nonpublic school governing authority shall adopt and	2108
enforce nutrition standards governing the types of food and	2109
beverages that may be sold on the premises of its schools, and	2110
specifying the time and place each type of food or beverage may be	2111
sold.	2112

(1) In adopting the standards, the board or governing	2113
authority shall do all of the following:	2114

(a) Consider the nutritional value of each food or beverage;

2115

(b) Consult with a dietitian licensed under Chapter 4759. of	2116
the Revised Code, a dietetic technician registered by the	2117
commission on dietetic registration, or a school nutrition	2118
specialist certified or credentialed by the school nutrition	2119
association. The person with whom the board or governing authority	2120
consults may be an employee of the board or governing authority, a	2121
person contracted by the board or governing authority, or a	2122
volunteer, provided the person meets the requirements of this	2123
division.	2124

(c) Consult the dietary guidelines for Americans jointly	2125
developed by the United States department of agriculture and the	2126
United States department of health and human services and, to the	2127
maximum extent possible, incorporate the guidelines into the	2128
standards.	2129

(2) No food or beverage may be sold on any school premises	2130
except in accordance with the standards adopted by the board or	2131
governing authority.	2132

(3) The standards shall comply with sections 3313.816 and	2133
3313.817 of the Revised Code, but nothing in this section shall	2134
prohibit the standards from being more restrictive than otherwise	2135
required by those sections.	2136

(C) The nutrition standards adopted under this section shall	2137
prohibit the placement of vending machines in any classroom where	2138
students are provided instruction, unless the classroom also is	2139
used to serve students meals. This division does not apply to	2140
vending machines that sell only milk, reimbursable meals, or food	2141
and beverage items that are part of a reimbursable meal and are	2142
available for sale as individually priced items in serving	2143
portions of the same size as in the reimbursable meal.	2144

(D) Each board or governing authority shall designate staff	2145
to be responsible for ensuring that the school district or school	2146
meets the nutrition standards adopted under this section. The	2147
staff shall prepare an annual report regarding the district's or	2148
school's compliance with the standards and submit it to the	2149
department of education. The board or governing authority annually	2150
shall schedule a presentation on the report at one of its regular	2151
meetings. Each district or school shall make copies of the report	2152
available to the public upon request.	2153

(E) The state board of education shall ~~formulate~~do both of	2154
the following:	2155

(1) Formulate and adopt guidelines, which boards of education	2156
and chartered nonpublic schools may follow in enforcing and	2157
implementing this section.	2158

(2) Not later than ninety days after the effective date of	2159
this amendment, adopt rules pursuant to Chapter 119. of the	2160
Revised Code regarding the sale of beverages and food during the	2161
regular school day in connection with a school-sponsored	2162
fundraiser. The rules shall specify that, if a fundraiser takes	2163
place during the regular school day for not more than the	2164
equivalent of thirty school days during a school year, the sale of	2165
beverages and food in connection with that fundraiser, shall be	2166
exempt from sections 3313.816 and 3313.817 of the Revised Code, so	2167
long as no beverages or food are sold in connection with the	2168
fundraiser during the time of a meal service in the food service	2169
area. Each school district board of education or chartered	2170
nonpublic school governing authority may incorporate the rules	2171
adopted by the state board pursuant to this division into the	2172
guidelines adopted by the district board or school governing	2173
authority under division (B) of this section.	2174

Sec. 3314.06. The governing authority of each community	2175
school established under this chapter shall adopt admission	2176
procedures that specify the following:	2177

(A) That, except as otherwise provided in this section,	2178
admission to the school shall be open to any individual age five	2179
to twenty-two entitled to attend school pursuant to section	2180
3313.64 or 3313.65 of the Revised Code in a school district in the	2181
state.	2182

Additionally, except as otherwise provided in this section,	2183
admission to the school may be open on a tuition basis to any	2184
individual age five to twenty-two who is not a resident of this	2185
state. The school shall not receive state funds under section	2186
3314.08 of the Revised Code for any student who is not a resident	2187
of this state.	2188

An individual younger than five years of age may be admitted	2189
to the school in accordance with division (A)(2) of section	2190
3321.01 of the Revised Code. The school shall receive funds for an	2191
individual admitted under that division in the manner provided	2192
under section 3314.08 of the Revised Code.	2193

If the school operates a program that uses the Montessori	2194
method endorsed by the American Montessori society, the Montessori	2195
accreditation council for teacher education, or the association	2196
Montessori internationale as its primary method of instruction,	2197
admission to the school may be open to individuals younger than	2198
five years of age, but the school shall not receive funds under	2199
this chapter for those individuals. Notwithstanding anything to	2200
the contrary in this chapter, individuals younger than five years	2201
of age who are enrolled in a Montessori program shall be offered	2202
at least four hundred fifty-five hours of learning opportunities	2203
per school year.	2204

(B)(1) That admission to the school may be limited to	2205
students who have attained a specific grade level or are within a	2206
specific age group; to students that meet a definition of	2207
"at-risk," as defined in the contract; to residents of a specific	2208
geographic area within the district, as defined in the contract;	2209
or to separate groups of autistic students and nondisabled	2210
students, as authorized in section 3314.061 of the Revised Code	2211
and as defined in the contract.	2212

(2) For purposes of division (B)(1) of this section,	2213
"at-risk" students may include those students identified as gifted	2214
students under section 3324.03 of the Revised Code.	2215

(C) Whether enrollment is limited to students who reside in	2216
the district in which the school is located or is open to	2217
residents of other districts, as provided in the policy adopted	2218
pursuant to the contract.	2219

(D)(1) That there will be no discrimination in the admission	2220
of students to the school on the basis of race, creed, color,	2221
disability, or sex except that:	2222

(a) The governing authority may do either of the following	2223
for the purpose described in division (G) of this section:	2224

(i) Establish a single-gender school for either sex;

2225

(ii) Establish single-gender schools for each sex under the	2226
same contract, provided substantially equal facilities and	2227
learning opportunities are offered for both boys and girls. Such	2228
facilities and opportunities may be offered for each sex at	2229
separate locations.	2230

(b) The governing authority may establish a school that	2231
simultaneously serves a group of students identified as autistic	2232
and a group of students who are not disabled, as authorized in	2233
section 3314.061 of the Revised Code. However, unless the total	2234
capacity established for the school has been filled, no student	2235
with any disability shall be denied admission on the basis of that	2236
disability.	2237

(2) That upon admission of any student with a disability, the	2238
community school will comply with all federal and state laws	2239
regarding the education of students with disabilities.	2240

(E) That the school may not limit admission to students on	2241
the basis of intellectual ability, measures of achievement or	2242
aptitude, or athletic ability, except that a school may limit its	2243
enrollment to students as described in division (B) of this	2244
section.	2245

(F) That the community school will admit the number of	2246
students that does not exceed the capacity of the school's	2247
programs, classes, grade levels, or facilities.	2248

(G) That the purpose of single-gender schools that are	2249
established shall be to take advantage of the academic benefits	2250
some students realize from single-gender instruction and	2251
facilities and to offer students and parents residing in the	2252
district the option of a single-gender education.	2253

(H) That, except as otherwise provided under division (B) of	2254
this section or section 3314.061 of the Revised Code, if the	2255
number of applicants exceeds the capacity restrictions of division	2256
(F) of this section, students shall be admitted by lot from all	2257
those submitting applications, except preference shall be given to	2258
students attending the school the previous year and to students	2259
who reside in the district in which the school is located.	2260
Preference may be given to siblings of students attending the	2261
school the previous year.	2262

Notwithstanding divisions (A) to (H) of this section, in the	2263
event the racial composition of the enrollment of the community	2264
school is violative of a federal desegregation order, the	2265
community school shall take any and all corrective measures to	2266
comply with the desegregation order.	2267

Sec. 3317.034. For purposes of section 3317.03 of the	2268
Revised Code:	2269

(A) A student shall be considered to be enrolled in the	2270
district for any portion of the school year the student is	2271
participating at a college under Chapter 3365. of the Revised	2272
Code.	2273

(B) A student shall be considered to be enrolled in the	2274
district for the period of time beginning on the date on which the	2275
school has both received the documentation of the student's	2276
enrollment from a parent and the student has commenced	2277
participation in learning opportunities offered by the district.	2278
For purposes of applying divisions (B) and (C) of this section,	2279
"learning opportunities" means both classroom-based and	2280
nonclassroom-based learning opportunities overseen by licensed	2281
educational employees of the district that is in compliance with	2282
criteria and documentation requirements for student participation,	2283
which shall be established by the department. Any student's	2284
instruction time in nonclassroom-based learning opportunities	2285
shall be certified by an employee of the district.	2286

(C) A student's enrollment shall be considered to cease on	2287
the date on which any of the following occur:	2288

(1) The district receives documentation from a parent	2289
terminating enrollment of the student.	2290

(2) The district is provided documentation of a student's	2291
enrollment in another public or nonpublic school.	2292

(3) ~~The student fails to participate in learning~~	2293
~~opportunities and has not received an excused absence for one~~	2294
~~hundred and five continuous hours. If a student is withdrawn from~~	2295
~~the district for failure to participate in learning opportunities~~	2296
~~under division (C)(1)(a)(v) of this section and the district board~~	2297
~~determines that the student is truant, the district shall take the~~	2298
~~appropriate action required under sections 3321.19 and 3321.191 of~~	2299
~~the Revised Code.~~	2300

~~(4)~~ The student ceases to participate in learning	2301
opportunities provided by the school.	2302

(D) No public school may enroll or withdraw a student from	2303
the education management information system established under	2304
section 3310.0714 of the Revised Code later than thirty days after	2305
the student's actual enrollment or withdrawal from the school.	2306

(E) A student in any of grades nine through twelve shall be	2307
considered a full-time equivalent student if the student is	2308
enrolled in at least five units of instruction, as defined in	2309
section 3313.603 of the Revised Code, per school year.	2310

Sec. 3319.227. (A) Notwithstanding any other provision of	2311
the Revised Code or any rule adopted by the state board of	2312
education to the contrary, the state board shall issue a resident	2313
educator license under section 3319.22 of the Revised Code to each	2314
person who is assigned to teach in this state as a participant in	2315
the teach for America program and who meets the following	2316
conditions:	2317

(1) Holds a bachelor's degree from an accredited institution	2318
of higher education;	2319

(2) Maintained a cumulative undergraduate grade point average	2320
of at least 2.5 out of 4.0, or its equivalent;	2321

(3) Has passed an examination prescribed by the state board	2322
in the subject area to be taught;	2323

(4) Has successfully completed the summer training institute	2324
operated by teach for America.	2325

(B) The state board shall issue a resident educator license	2326
under this section for teaching in any grade level or subject area	2327
for which a person may obtain a resident educator license under	2328
section 3319.22 of the Revised Code. The state board shall not	2329
adopt rules establishing any additional qualifications for the	2330
license beyond those specified in this section.	2331

(C) Notwithstanding any other provision of the Revised Code	2332
or any rule adopted by the state board to the contrary, the state	2333
board shall issue a resident educator license under section	2334
3319.22 of the Revised Code to any applicant who has completed at	2335
least two years of teaching in another state as a participant in	2336
the teach for America program and meets all of the conditions of	2337
divisions (A)(1) to (4) of this section. The state board shall	2338
credit an applicant under this division as having completed two	2339
years of the teacher residency program under section 3319.223 of	2340
the Revised Code.	2341

(D) In order to place teachers in this state, the teach for	2342
America program shall enter into an agreement with one or more	2343
accredited four-year public or private institutions of higher	2344
education in the state to provide optional training of teach for	2345
America participants for the purpose of enabling those	2346
participants to complete an optional master's degree or an	2347
equivalent amount of coursework. Nothing in this division shall	2348
require any teach for America participant to complete a master's	2349
degree as a condition of holding a license issued under this	2350
section.	2351

(E)(1) Each participant in the teach for America program	2352
shall successfully complete that program as a condition of	2353
continuing to hold a license issued pursuant to divisions (A) and	2354
(B) of this section.	2355

(2) If a participant in the teach for America program	2356
assigned to teach in a school district in this state resigns or is	2357
otherwise removed from the program prior to the program's	2358
completion, the board of education of that school district shall	2359
provide written notice of the participant's resignation to the	2360
department of education.	2361

Sec. 3319.261. (A) Notwithstanding any other provision of the	2362
Revised Code or any rule adopted by the state board of education	2363
to the contrary, the state board shall issue an alternative	2364
resident educator license under division (C) of section 3319.26 of	2365
the Revised Code to each applicant who meets the following	2366
conditions:	2367

(1) Holds a bachelor's degree from an accredited institution	2368
of higher education;	2369

(2) Has successfully completed a teacher education program	2370
offered by one of the following entities:	2371

(a) ~~Graduation from an~~The American Montessori	2372
~~society-affiliated teacher education program~~society;	2373

(b) ~~Receipt of a certificate from the~~The association	2374
Montessori internationale;	2375

(c) An institution accredited by the Montessori accreditation	2376
council for teacher education.	2377

(3) Is employed in a school that operates a program that uses	2378
the Montessori method endorsed by the American Montessori society,	2379
the Montessori accreditation council for teacher education, or the	2380
association Montessori internationale as its primary method of	2381
instruction.	2382

(B) The holder of an alternative resident educator license	2383
issued under this section shall be subject to divisions (A), (B),	2384
(D), and (E) of section 3319.26 of the Revised Code and shall be	2385
granted a professional educator license upon successful completion	2386
of the requirements described in division (F) of section 3319.26	2387
of the Revised Code.	2388

Sec. 3365.04. Each public and participating nonpublic	2389
secondary school shall do all of the following with respect to the	2390
college credit plus program:	2391

(A) Provide information about the program prior to the first	2392
day of March of each year to all students enrolled in grades six	2393
through eleven;	2394

(B) Provide counseling services to students in grades six	2395
through eleven and to their parents before the students	2396
participate in the program under this chapter to ensure that	2397
students and parents are fully aware of the possible consequences	2398
and benefits of participation. Counseling information shall	2399
include:	2400

(1) Program eligibility;

2401

(2) The process for granting academic credits;

2402

(3) Any necessary financial arrangements for tuition,	2403
textbooks, and fees;	2404

(4) Criteria for any transportation aid;

2405

(5) Available support services;

2406

(6) Scheduling;

2407

(7) Communicating the possible consequences and benefits of	2408
participation, including all of the following:	2409

(a) The consequences of failing or not completing a course	2410
under the program, including the effect on the student's ability	2411
to complete the secondary school's graduation requirements;	2412

(b) The effect of the grade attained in a course under the	2413
program being included in the student's grade point average, as	2414
applicable;	2415

(c) The benefits to the student for successfully completing a	2416
course under the program, including the ability to reduce the	2417
overall costs of, and the amount of time required for, a college	2418
education.	2419

(8) The academic and social responsibilities of students and	2420
parents under the program;	2421

(9) Information about and encouragement to use the counseling	2422
services of the college in which the student intends to enroll;	2423

(10) The standard packet of information for the program	2424
developed by the chancellor of the Ohio board of regents pursuant	2425
to section 3365.15 of the Revised Code;	2426

For a participating nonpublic secondary school, counseling	2427
information shall also include an explanation that funding may be	2428
limited and that not all students who wish to participate may be	2429
able to do so.	2430

(C) Promote the program on the school's web site, including	2431
the details of the school's current agreements with partnering	2432
colleges;	2433

(D) Schedule at least one informational session per school	2434
year to allow each partnering college that is located within	2435
thirty miles of the school to meet with interested students and	2436
parents. The session shall include the benefits and consequences	2437
of participation and shall outline any changes or additions to the	2438
requirements of the program. If there are no partnering colleges	2439
located within thirty miles of the school, the school shall	2440
coordinate with the closest partnering college to offer an	2441
informational session.	2442

(E) Implement a policy for the awarding of grades and the	2443
calculation of class standing for courses taken under division	2444
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	2445
adopted under this division shall be equivalent to the school's	2446
policy for courses taken under the advanced standing programs	2447
described in divisions (A)(2) and (3) of section 3313.6013 of the	2448
Revised Code or for other courses designated as honors courses by	2449
the school. If the policy includes awarding a weighted grade or	2450
enhancing a student's class standing for these courses, the policy	2451
adopted under this section shall ~~also provide for these~~require	2452
the same procedures to be applied to all courses taken in the	2453
areas of mathematics, English language arts, science, and social	2454
studies under the college credit plus program, regardless of	2455
whether a similar course is offered at the school.	2456

(F) Develop model course pathways, pursuant to section	2457
3365.13 of the Revised Code, and publish the course pathways among	2458
the school's official list of course offerings for the program.	2459

(G) Annually collect, report, and track specified data	2460
related to the program according to data reporting guidelines	2461
adopted by the chancellor and the superintendent of public	2462
instruction pursuant to section 3365.15 of the Revised Code.	2463

Sec. 3365.05. Each public and participating private college	2464
shall do all of the following with respect to the college credit	2465
plus program:	2466

(A) Apply established standards and procedures for admission	2467
to the college and for course placement for participants. When	2468
determining admission and course placement, the college shall do	2469
all of the following:	2470

(1) Consider all available student data that may be an	2471
indicator of college readiness, including grade point average and	2472
end-of-course examination scores, if applicable;	2473

(2) Give priority to its current students regarding	2474
enrollment in courses. However, once a participant has been	2475
accepted into a course, the college shall not displace the	2476
participant for another student.	2477

(3) Adhere to any capacity limitations that the college has	2478
established for specified courses.	2479

If a participant meets the applicable eligibility criteria	2480
required for participation under the college credit plus program,	2481
no public or participating private college shall prohibit the	2482
admission of that participant based solely on the grade in which	2483
the participant is currently enrolled.	2484

(B) Send written notice to a participant, the participant's	2485
parent, the participant's secondary school, and the superintendent	2486
of public instruction, not later than fourteen calendar days prior	2487
to the first day of classes for that term, of the participant's	2488
admission to the college and to specified courses under the	2489
program.	2490

(C) Provide both of the following, not later than twenty-one	2491
calendar days after the first day of classes for that term, to	2492
each participant, participant's secondary school, and the	2493
superintendent of public instruction:	2494

(1) The courses and hours of enrollment of the participant;

2495

(2) The option elected by the participant under division (A)	2496
or (B) of section 3365.06 of the Revised Code for each course.	2497

The college shall also provide to each partnering school a	2498
roster of participants from that school that are enrolled in the	2499
college and a list of course assignments for each participant.	2500

(D) Promote the program on the college's web site, including	2501
the details of the college's current agreements with partnering	2502
secondary schools.	2503

(E) Coordinate with each partnering secondary school that is	2504
located within thirty miles of the college to present at least one	2505
informational session per school year for interested students and	2506
parents. The session shall include the benefits and consequences	2507
of participation and shall outline any changes or additions to the	2508
requirements of the program. If there are no partnering schools	2509
located within thirty miles of the college, the college shall	2510
coordinate with the closest partnering school to offer an	2511
informational session.	2512

(F) Assign an academic advisor that is employed by the	2513
college to each participant enrolled in that college. Prior to the	2514
date on which a withdrawal from a course would negatively affect a	2515
participant's transcripted grade, as prescribed by the college's	2516
established withdrawal policy, the college shall ensure that the	2517
academic advisor and the participant meet at least once to discuss	2518
the program and the courses in which the participant is enrolled.	2519

(G) Do both of the following with regard to high school	2520
teachers that are teaching courses for the college at a secondary	2521
school under the program:	2522

(1) Provide at least one professional development session per	2523
school year;	2524

(2) Conduct at least one classroom observation per school	2525
year for each course that is authorized by the college and taught	2526
by a high school teacher to ensure that the course meets the	2527
quality of a college-level course.	2528

(H) Annually collect, report, and track specified data	2529
related to the program according to data reporting guidelines	2530
adopted by the chancellor and the superintendent of public	2531
instruction pursuant to section 3365.15 of the Revised Code.	2532

(I) With the exception of divisions (D) and (E) of this	2533
section, any eligible out-of-state college participating in the	2534
college credit plus program shall be subject to the same	2535
requirements as a participating private college under this	2536
section.	2537

Sec. 3365.07. The department of education shall calculate	2538
and pay state funds to colleges for participants in the college	2539
credit plus program under division (B) of section 3365.06 of the	2540
Revised Code pursuant to this section. For a nonpublic secondary	2541
school participant, a nonchartered nonpublic secondary school	2542
participant, or a home-instructed participant, the department	2543
shall pay state funds pursuant to this section only if that	2544
participant is awarded funding according to rules adopted by the	2545
chancellor of the Ohio board of regents, in consultation with the	2546
superintendent of public instruction, pursuant to section 3365.071	2547
of the Revised Code. The program shall be the sole mechanism by	2548
which state funds are paid to colleges for students to earn	2549
college-level credit while enrolled in a secondary school, with	2550
the exception of the programs listed in division (A) of section	2551
3365.02 of the Revised Code.	2552

(A) For each public or nonpublic secondary school participant	2553
enrolled in a public college:	2554

(1) If no agreement has been entered into under division	2555
(A)(2) of this section, both of the following shall apply:	2556

(a) The department shall pay to the college the applicable	2557
amount as follows:	2558

(i) For a participant enrolled in a college course delivered	2559
on the college campus, at another location operated by the	2560
college, or online, the default ceiling amount;	2561

(ii) For a participant enrolled in a college course delivered	2562
at the participant's secondary school but taught by college	2563
faculty, fifty per cent of the default ceiling amount;	2564

(iii) For a participant enrolled in a college course	2565
delivered at the participant's secondary school and taught by a	2566
high school teacher who has met the credential requirements	2567
established for purposes of the program in rules adopted by the	2568
chancellor of the Ohio board of regents, the default floor amount.	2569

(b) The participant's secondary school shall pay for	2570
textbooks, and the college shall waive payment of all other fees	2571
related to participation in the program.	2572

(2) The governing entity of a participant's secondary school	2573
and the college may enter into an agreement to establish an	2574
alternative payment structure for tuition, textbooks, and fees.	2575
Under such an agreement, payments for each participant made by the	2576
department shall be not less than the default floor amount, unless	2577
approved by the chancellor, and not more than the default ceiling	2578
amount. The chancellor shall approve an agreement that includes a	2579
payment below the default floor amount, as long as the provisions	2580
of the agreement comply with all other requirements of this	2581
chapter to ensure program quality. If no agreement is entered into	2582
under division (A)(2) of this section, both of the following shall	2583
apply:	2584

(a) The department shall pay to the college the applicable	2585
default amounts prescribed by division (A)(1)(a) of this section,	2586
depending upon the method of delivery and instruction.	2587

(b) In accordance with division (A)(1)(b) of this section,	2588
the participant's secondary school shall pay for textbooks, and	2589
the college shall waive payment of all other fees related to	2590
participation in the program.	2591

(3) No participant that is enrolled in a public college shall	2592
be charged for any tuition, textbooks, or other fees related to	2593
participation in the program.	2594

(B) For each public secondary school participant enrolled in	2595
a private college:	2596

(1) If no agreement has been entered into under division	2597
(B)(2) of this section, the department shall pay to the college	2598
the applicable amount calculated in the same manner as in division	2599
(A)(1)(a) of this section.	2600

(2) The governing entity of a participant's secondary school	2601
and the college may enter into an agreement to establish an	2602
alternative payment structure for tuition, textbooks, and fees.	2603
Under such an agreement, payments shall be not less than the	2604
default floor amount, unless approved by the chancellor, and not	2605
more than the default ceiling amount.	2606

If an agreement is entered into under division (B)(2) of this	2607
section, both of the following shall apply:	2608

(a) The department shall make a payment to the college for	2609
each participant that is equal to the default floor amount, unless	2610
approved by the chancellor to pay an amount below the default	2611
floor amount. The chancellor shall approve an agreement that	2612
includes a payment below the default floor amount, as long as the	2613
provisions of the agreement comply with all other requirements of	2614
this chapter to ensure program quality.	2615

(b) Payment for costs for the participant that exceed the	2616
amount paid by the department pursuant to division (B)(2)(a) of	2617
this section shall be negotiated by the school and the college.	2618
The agreement may include a stipulation permitting the charging of	2619
a participant, so long as the school provides information to all	2620
participants on the no-cost options available under this chapter.	2621

However, under no circumstances shall:

2622

(i) Payments for a participant made by the department under	2623
~~this~~ division (B)(2) of this section exceed the default ceiling	2624
amount;	2625

(ii) The amount charged to a participant under division	2626
(B)(2) of this section exceed the difference between the maximum	2627
per participant charge amount and the default floor amount;	2628

(iii) The sum of the payments made by the department for a	2629
participant and the amount charged to that participant under	2630
division (B)(2) of this section exceed the following amounts, as	2631
applicable:	2632

(I) For a participant enrolled in a college course delivered	2633
on the college campus, at another location operated by the	2634
college, or online, the maximum per participant charge amount;	2635

(II) For a participant enrolled in a college course delivered	2636
at the participant's secondary school but taught by college	2637
faculty, one hundred twenty-five dollars;	2638

(III) For a participant enrolled in a college course	2639
delivered at the participant's secondary school and taught by a	2640
high school teacher who has met the credential requirements	2641
established for purposes of the program in rules adopted by the	2642
chancellor of the Ohio board of regents, one hundred dollars.	2643

(iv) A participant that is identified as economically	2644
disadvantaged according to rules adopted by the department be	2645
charged under division (B)(2) of this section for any tuition,	2646
textbooks, or other fees related to participation in the program.	2647

(C) For each nonpublic secondary school participant enrolled	2648
in a private or eligible out-of-state college, the department	2649
shall pay to the college the applicable amount calculated in the	2650
same manner as in division (A)(1)(a) of this section. Payment for	2651
costs for the participant that exceed the amount paid by the	2652
department shall be negotiated by the governing body of the	2653
nonpublic secondary school and the college.	2654

However, under no circumstances shall:

2655

(1) The payments for a participant made by the department	2656
under this division exceed the default ceiling amount.	2657

(2) Any nonpublic secondary school participant, who is	2658
enrolled in that secondary school with a scholarship awarded under	2659
either the educational choice scholarship pilot program, as	2660
prescribed by sections 3310.01 to 3310.17, or the pilot project	2661
scholarship program, as prescribed by sections 3313.974 to	2662
3313.979 of the Revised Code, and who qualifies as a low-income	2663
student under either of those programs, be charged for any	2664
tuition, textbooks, or other fees related to participation in the	2665
college credit plus program.	2666

(D) For each nonchartered nonpublic secondary school	2667
participant and each home-instructed participant enrolled in a	2668
public, private, or eligible out-of-state college, the department	2669
shall pay to the college the default ceiling amount, if that	2670
participant is enrolled in a college course delivered on the	2671
college campus, at another location operated by the college, or	2672
online.	2673

(E) Not later than thirty days after the end of each term,	2674
each college expecting to receive payment for the costs of a	2675
participant under this section shall notify the department of the	2676
number of enrolled credit hours for each participant.	2677

(F) Each January and July, or as soon as possible thereafter,	2678
the department shall make the applicable payments under this	2679
section to each college, which provided proper notification to the	2680
department under division (E) of this section, for the number of	2681
enrolled credit hours for participants enrolled in the college	2682
under division (B) of section 3365.06 of the Revised Code. The	2683
department shall not make any payments to a college under this	2684
section if a participant withdrew from a course prior to the date	2685
on which a withdrawal from the course would have negatively	2686
affected the participant's transcripted grade, as prescribed by	2687
the college's established withdrawal policy.	2688

(1) Payments made for public secondary school participants	2689
under this section shall be deducted from the school foundation	2690
payments made to the participant's school district or, if the	2691
participant is enrolled in a community school, a STEM school, or a	2692
college-preparatory boarding school, from the payments made to	2693
that school under section 3314.08, 3326.33, or 3328.34 of the	2694
Revised Code. If the participant is enrolled in a joint vocational	2695
school district, a portion of the amount shall be deducted from	2696
the payments to the joint vocational school district and a portion	2697
shall be deducted from the payments to the participant's city,	2698
local, or exempted village school district in accordance with the	2699
full-time equivalency of the student's enrollment in each	2700
district. Amounts deducted under division (F)(1) of this section	2701
shall be calculated in accordance with rules adopted by the	2702
chancellor, in consultation with the state superintendent,	2703
pursuant to division (B) of section 3365.071 of the Revised Code.	2704

(2) Payments made for nonpublic secondary school	2705
participants, nonchartered nonpublic secondary school	2706
participants, and home-instructed participants under this section	2707
shall be deducted from moneys appropriated by the general assembly	2708
for such purpose. Payments shall be allocated and distributed in	2709
accordance with rules adopted by the chancellor, in consultation	2710
with the state superintendent, pursuant to division (A) of section	2711
3365.071 of the Revised Code.	2712

(G) Any public college that enrolls a student under division	2713
(B) of section 3365.06 of the Revised Code may include that	2714
student in the calculation used to determine its state share of	2715
instruction funds appropriated to the Ohio board of regents by the	2716
general assembly.	2717

Section 2. That existing sections 3301.0711, 3301.0712,	2718
3302.02, 3302.03, 3302.035, 3313.534, 3313.603, 3313.612,	2719
3313.672, 3313.814, 3314.06, 3317.034, 3319.227, 3319.261,	2720
3365.04, 3365.05, and 3365.07 of the Revised Code are hereby	2721
repealed.	2722

Section 3. That Section 263.20 of Am. Sub. H.B. 59 of the	2723
130th General Assembly, as amended by Am. Sub. H.B. 487 of the	2724
130th General Assembly, be amended to read as follows:	2725

Sec. 263.20. OPERATING EXPENSES

2726

A portion of the foregoing appropriation item 200321,	2727
Operating Expenses, shall be used by the Department of Education	2728
to provide matching funds under 20 U.S.C. 2321.	2729

EARLY CHILDHOOD EDUCATION

2730

Of the foregoing appropriation item 200408, Early Childhood	2731
Education, up to $50,000 in each fiscal year shall be used to	2732
support the operations of the "Ready, Set, Go...to Kindergarten"	2733
Program at the Horizon Education Center in Lorain County. The	2734
effectiveness of the program shall be evaluated and reported to	2735
the Department of Education in a study that includes statistics on	2736
program participants' scores for the "Get It, Got It, Go!"	2737
assessment and the kindergarten readiness assessment.	2738

The Department of Education shall distribute the remainder of	2739
the foregoing appropriation item 200408, Early Childhood	2740
Education, to pay the costs of early childhood education programs.	2741
The Department shall distribute such funds directly to qualifying	2742
providers.	2743

(A) As used in this section:

2744

(1) "Provider" means a city, local, exempted village, or	2745
joint vocational school district; an educational service center; a	2746
community school; a chartered nonpublic school; an early childhood	2747
education child care provider licensed under Chapter 5104. of the	2748
Revised Code that participates in and meets at least the third	2749
highest tier of the tiered quality rating and improvement system	2750
described in section 5104.30 of the Revised Code; or a combination	2751
of entities described in this paragraph.	2752

(2)(a) In the case of a city, local, or exempted village	2753
school district or early childhood education child care provider	2754
licensed under Chapter 5104. of the Revised Code, "new eligible	2755
provider" means a provider that did not receive state funding for	2756
Early Childhood Education in the previous fiscal year or	2757
demonstrates a need for early childhood programs as defined in	2758
division (D) of this section.	2759

(b) In the case of a community school, "new eligible	2760
provider" means a community school that operates a program that	2761
uses the Montessori method endorsed by the American Montessori	2762
society, the Montessori accreditation council for teacher	2763
education, or the association Montessori internationale as its	2764
primary method of instruction, as authorized by division (A) of	2765
section 3314.06 of the Revised Code, that did not receive state	2766
funding for Early Childhood Education in the previous fiscal year	2767
or demonstrates a need for early childhood programs as defined in	2768
division (D) of this section.	2769

(3) "Eligible child" means a child who is at least three	2770
years of age as of the district entry date for kindergarten, is	2771
not of the age to be eligible for kindergarten, and whose family	2772
earns not more than two hundred per cent of the federal poverty	2773
guidelines as defined in division (A)(3) of section 5101.46 of the	2774
Revised Code. Children with an Individualized Education Program	2775
and where the Early Childhood Education program is the least	2776
restrictive environment may be enrolled on their third birthday.	2777

(4) "Early learning program standards" means early learning	2778
program standards for school readiness developed by the Department	2779
to assess the operation of early learning programs.	2780

(B) In each fiscal year, up to two per cent of the total	2781
appropriation may be used by the Department for program support	2782
and technical assistance. The Department shall distribute the	2783
remainder of the appropriation in each fiscal year to serve	2784
eligible children.	2785

(C) The Department shall provide an annual report to the	2786
Governor, the Speaker of the House of Representatives, and the	2787
President of the Senate and post the report to the Department's	2788
web site, regarding early childhood education programs operated	2789
under this section and the early learning program standards.	2790

(D) After setting aside the amounts to make payments due from	2791
the previous fiscal year, in fiscal year 2014, the Department	2792
shall distribute funds first to recipients of funds for early	2793
childhood education programs under Section 267.10.10 of Am. Sub.	2794
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	2795
H.B. 487 of the 129th General Assembly, in the previous fiscal	2796
year and the balance to new eligible providers of early childhood	2797
education programs under this section or to existing providers to	2798
serve more eligible children or for purposes of program expansion,	2799
improvement, or special projects to promote quality and	2800
innovation.	2801

After setting aside the amounts to make payments due from the	2802
previous fiscal year, in fiscal year 2015, the Department shall	2803
distribute funds first to providers of early childhood education	2804
programs under this section in the previous fiscal year and the	2805
balance to new eligible providers or to existing providers to	2806
serve more eligible children as outlined under division (E) of	2807
this section or for purposes of program expansion, improvement, or	2808
special projects to promote quality and innovation.	2809

(E) The Department shall distribute any new or remaining	2810
funding to existing providers of early childhood education	2811
programs or any new eligible providers in an effort to invest in	2812
high quality early childhood programs where there is a need as	2813
determined by the Department. The Department shall distribute the	2814
new or remaining funds to existing providers of early childhood	2815
education programs or any new eligible providers to serve	2816
additional eligible children based on community economic	2817
disadvantage, limited access to high quality preschool or	2818
childcare services, and demonstration of high quality preschool	2819
services as determined by the Department using new metrics	2820
developed pursuant to Ohio's Race to the Top—Early Learning	2821
Challenge Grant, awarded to the Department in December 2011.	2822

Awards under divisions (D) and (E) of this section shall be	2823
distributed on a per-pupil basis, and in accordance with division	2824
(I) of this section. The Department may adjust the per-pupil	2825
amount so that the per-pupil amount multiplied by the number of	2826
eligible children enrolled and receiving services on the first day	2827
of December or the business day closest to that date equals the	2828
amount allocated under this section.	2829

(F) Costs for developing and administering an early childhood	2830
education program may not exceed fifteen per cent of the total	2831
approved costs of the program.	2832

All providers shall maintain such fiscal control and	2833
accounting procedures as may be necessary to ensure the	2834
disbursement of, and accounting for, these funds. The control of	2835
funds provided in this program, and title to property obtained,	2836
shall be under the authority of the approved provider for purposes	2837
provided in the program unless, as described in division (K) of	2838
this section, the program waives its right for funding or a	2839
program's funding is eliminated or reduced due to its inability to	2840
meet financial or early learning program standards. The approved	2841
provider shall administer and use such property and funds for the	2842
purposes specified.	2843

(G) The Department may examine a provider's financial and	2844
program records. If the financial practices of the program are not	2845
in accordance with standard accounting principles or do not meet	2846
financial standards outlined under division (F) of this section,	2847
or if the program fails to substantially meet the early learning	2848
program standards, meet a quality rating level in the tiered	2849
quality rating and improvement system developed under section	2850
5104.30 of the Revised Code as prescribed by the Department, or	2851
exhibits below average performance as measured against the	2852
standards, the early childhood education program shall propose and	2853
implement a corrective action plan that has been approved by the	2854
Department. The approved corrective action plan shall be signed by	2855
the chief executive officer and the executive of the official	2856
governing body of the provider. The corrective action plan shall	2857
include a schedule for monitoring by the Department. Such	2858
monitoring may include monthly reports, inspections, a timeline	2859
for correction of deficiencies, and technical assistance to be	2860
provided by the Department or obtained by the early childhood	2861
education program. The Department may withhold funding pending	2862
corrective action. If an early childhood education program fails	2863
to satisfactorily complete a corrective action plan, the	2864
Department may deny expansion funding to the program or withdraw	2865
all or part of the funding to the program and establish a new	2866
eligible provider through a selection process established by the	2867
Department.	2868

(H)(1) If the early childhood education program is licensed	2869
by the Department of Education and is not highly rated, as	2870
determined by the Director of Job and Family Services, under the	2871
tiered quality rating and improvement system described in section	2872
5104.30 of the Revised Code, the program shall do all of the	2873
following:	2874

(a) Meet teacher qualification requirements prescribed by	2875
section 3301.311 of the Revised Code;	2876

(b) Align curriculum to the early learning content standards	2877
developed by the Department;	2878

(c) Meet any child or program assessment requirements	2879
prescribed by the Department;	2880

(d) Require teachers, except teachers enrolled and working to	2881
obtain a degree pursuant to section 3301.311 of the Revised Code,	2882
to attend a minimum of twenty hours every two years of	2883
professional development as prescribed by the Department;	2884

(e) Document and report child progress as prescribed by the	2885
Department;	2886

(f) Meet and report compliance with the early learning	2887
program standards as prescribed by the Department;	2888

(g) Participate in the tiered quality rating and improvement	2889
system developed under section 5104.30 of the Revised Code.	2890
Effective July 1, 2016, all programs shall be rated through the	2891
system.	2892

(2) If the program is highly rated, as determined by the	2893
Director of Job and Family Services, under the tiered quality	2894
rating and improvement system developed under section 5104.30 of	2895
the Revised Code, the program shall comply with the requirements	2896
of that system.	2897

(I) Per-pupil funding for programs subject to this section	2898
shall be sufficient to provide eligible children with services for	2899
a standard early childhood schedule which shall be defined in this	2900
section as a minimum of twelve and one-half hours per school week	2901
as defined in section 3313.62 of the Revised Code for the minimum	2902
school year as defined in sections 3313.48, 3313.481, and 3313.482	2903
of the Revised Code. Nothing in this section shall be construed to	2904
prohibit program providers from utilizing other funds to serve	2905
eligible children in programs that exceed the twelve and one-half	2906
hours per week or that exceed the minimum school year. For any	2907
provider for which a standard early childhood education schedule	2908
creates a hardship or for which the provider shows evidence that	2909
the provider is working in collaboration with a preschool special	2910
education program, the provider may submit a waiver to the	2911
Department requesting an alternate schedule. If the Department	2912
approves a waiver for an alternate schedule that provides services	2913
for less time than the standard early childhood education	2914
schedule, the Department may reduce the provider's annual	2915
allocation proportionately. Under no circumstances shall an annual	2916
allocation be increased because of the approval of an alternate	2917
schedule.	2918

(J) Each provider shall develop a sliding fee scale based on	2919
family incomes and shall charge families who earn more than two	2920
hundred per cent of the federal poverty guidelines, as defined in	2921
division (A)(3) of section 5101.46 of the Revised Code, for the	2922
early childhood education program.	2923

The Department shall conduct an annual survey of each	2924
provider to determine whether the provider charges families	2925
tuition or fees, the amount families are charged relative to	2926
family income levels, and the number of families and students	2927
charged tuition and fees for the early childhood program.	2928

(K) If an early childhood education program voluntarily	2929
waives its right for funding, or has its funding eliminated for	2930
not meeting financial standards or the early learning program	2931
standards, the provider shall transfer control of title to	2932
property, equipment, and remaining supplies obtained through the	2933
program to providers designated by the Department and return any	2934
unexpended funds to the Department along with any reports	2935
prescribed by the Department. The funding made available from a	2936
program that waives its right for funding or has its funding	2937
eliminated or reduced may be used by the Department for new grant	2938
awards or expansion grants. The Department may award new grants or	2939
expansion grants to eligible providers who apply. The eligible	2940
providers who apply must do so in accordance with the selection	2941
process established by the Department.	2942

(L) Eligible expenditures for the Early Childhood Education	2943
Program shall be claimed each fiscal year to help meet the state's	2944
TANF maintenance of effort requirement. The Superintendent of	2945
Public Instruction and the Director of Job and Family Services	2946
shall enter into an interagency agreement to carry out the	2947
requirements under this division, which shall include developing	2948
reporting guidelines for these expenditures.	2949

(M) The Early Childhood Advisory Council established under	2950
section 3301.90 of the Revised Code shall provide, by October 1,	2951
2013, recommendations including, but not limited to, the	2952
administration, implementation, and distribution of funding for an	2953
early childhood voucher program, to the Superintendent of Public	2954
Instruction, the Governor's Office of 21st Century Education, the	2955
Speaker of the House of Representatives, the President of the	2956
Senate, and the chairpersons of the standing committees of the	2957
House of Representatives and the Senate that deal primarily with	2958
issues of education. Decisions on the implementation of the	2959
voucher program shall be made by the Governor's Office of 21st	2960
Century Education with recommendations from the State	2961
Superintendent of Public Instruction and the Early Childhood	2962
Advisory Council.	2963

Section 4. That existing Section 263.20 of Am. Sub. H.B. 59	2964
of the 130th General Assembly, as amended by Am. Sub. H.B. 487 of	2965
the 130th General Assembly, is hereby repealed.	2966

Section 5. That Section 263.320 of Am. Sub. H.B. 59 of the	2967
130th General Assembly, as amended by Am. Sub. H.B. 483 of the	2968
130th General Assembly, be amended to read as follows:	2969

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

2970

Appropriation item 200612, Foundation Funding (Fund 7017),	2971
shall be used in conjunction with appropriation item 200550,	2972
Foundation Funding (GRF), to provide state foundation payments to	2973
school districts.	2974

The Department of Education, with the approval of the	2975
Director of Budget and Management, shall determine the monthly	2976
distribution schedules of appropriation item 200550, Foundation	2977
Funding (GRF), and appropriation item 200612, Foundation Funding	2978
(Fund 7017). If adjustments to the monthly distribution schedule	2979
are necessary, the Department of Education shall make such	2980
adjustments with the approval of the Director of Budget and	2981
Management.	2982

CAREER ADVISING AND MENTORING PROGRAM

2983

The foregoing appropriation item 200629, Career Advising and	2984
Mentoring, shall be used by the State Superintendent of Public	2985
Instruction to create the Career Advising and Mentoring Grant	2986
Program. The Superintendent shall develop guidelines for the	2987
grants. The program shall award competitive matching grants to	2988
provide funding for local networks of volunteers and organizations	2989
to sponsor career advising and mentoring for students in eligible	2990
school districts. Each grant award shall match up to three times	2991
the funds allocated to the project by the local network. Eligible	2992
school districts are those with a high percentage of students in	2993
poverty, a high number of students not graduating on time, and	2994
other criteria as determined by the State Superintendent. Eligible	2995
school districts shall partner with members of the business	2996
community, civic organizations, or the faith-based community to	2997
provide sustainable career advising and mentoring services.	2998

An amount equal to the unexpended, unencumbered portion of	2999
the foregoing appropriation item 200629, Career Advising and	3000
Mentoring Program, at the end of fiscal year 2015 is hereby	3001
reappropriated to the Department of Education for the same purpose	3002
for fiscal year 2016.	3003

STRAIGHT A FUND

3004

Of the foregoing appropriation item 200648, Straight A Fund,	3005
up to $70,000 in each fiscal year shall be used by Kids Unlimited	3006
of Toledo for quality after-school tutoring and mentoring programs	3007
in two elementary school buildings in Lucas County. The school	3008
buildings may include any community school, chartered nonpublic	3009
school, or building that is part of a city, local, or exempted	3010
village school district. Kids Unlimited of Toledo shall provide	3011
local matching funds equal to the set-aside.	3012

Of the foregoing appropriation item 200648, Straight A Fund,	3013
up to $250,000 in each fiscal year may be used to make competitive	3014
grants in accordance with Section 263.324 of this act.	3015

Of the foregoing appropriation item 200648, Straight A Fund,	3016
up to $6,000,000 in fiscal year 2014 shall be distributed to the	3017
Cleveland Municipal School District to be used, as determined by	3018
the Department of Education, to implement provisions of Am. Sub.	3019
H.B. 525 of the 129th General Assembly.	3020

Of the foregoing appropriation item 200648, Straight A Fund,	3021
up to $5,000,000 in each fiscal year shall be provided to school	3022
districts that meet the conditions prescribed in division (G)(3)	3023
of section 3317.0212 of the Revised Code to support innovations	3024
that improve the efficiency of pupil transportation. This may	3025
include, but is not limited to, the purchase of buses and other	3026
equipment. The Department of Education shall distribute these	3027
funds to districts based on each district's qualifying ridership	3028
as reported under division (B) of section 3317.0212 of the Revised	3029
Code.	3030

The remainder of appropriation item 200648, Straight A Fund,	3031
shall be used to make competitive grants in accordance with	3032
Section 263.325 of this act.	3033

EDCHOICE EXPANSION

3034

The foregoing appropriation item 200666, EdChoice Expansion,	3035
shall be used as follows:	3036

(A) In fiscal year 2014, notwithstanding section 3310.032 of	3037
the Revised Code, the Department of Education shall administer an	3038
expansion of the Educational Choice Scholarship program as	3039
follows:	3040

(1) A student is an "eligible student" for purposes of the	3041
expansion of the Educational Choice Scholarship Pilot Program	3042
under division (A) of this section if the student's resident	3043
district is not a school district in which the pilot project	3044
scholarship program is operating under sections 3313.974 to	3045
3313.979 of the Revised Code and the student's family income is at	3046
or below two hundred per cent of the federal poverty guidelines,	3047
as defined in section 5101.46 of the Revised Code.	3048

(2) The Department shall pay scholarships to attend chartered	3049
nonpublic schools in accordance with section 3310.08 of the	3050
Revised Code. The number of scholarships awarded under division	3051
(A) of this section shall not exceed the number that can be funded	3052
with appropriations made by the general assembly for this purpose.	3053

(3) Scholarships under division (A) of this section shall be	3054
awarded for the 2013-2014 school year, to eligible students who	3055
are entering kindergarten in that school year for the first time.	3056

(4) If the number of eligible students who apply for a	3057
scholarship exceeds the scholarships available based on the	3058
appropriation for division (A) of this section, the department	3059
shall award scholarships in the following order of priority:	3060

(a) First, to eligible students with family incomes at or	3061
below one hundred per cent of the federal poverty guidelines.	3062

(b) Second, to other eligible students who qualify under	3063
division (A) of this section. If the number of students described	3064
in division (A)(4)(b) of this section exceeds the number of	3065
available scholarships after awards are made under division	3066
(A)(4)(a) of this section, the department shall select students	3067
described in division (A)(4)(b) of this section by lot to receive	3068
any remaining scholarships.	3069

(5) A student who receives a scholarship under division (A)	3070
of this section remains an eligible student and may continue to	3071
receive scholarships under section 3310.032 of the Revised Code in	3072
subsequent school years until the student completes grade twelve,	3073
so long as the student satisfies the conditions specified in	3074
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	3075

Once a scholarship is awarded under this section, the student	3076
shall remain eligible for that scholarship for the current and	3077
subsequent school years, even if the student's family income rises	3078
above the amount specified in division (A) of section 3310.032 of	3079
the Revised Code, provided the student remains enrolled in a	3080
chartered nonpublic school.	3081

(B) In fiscal year 2015, to provide for the scholarships	3082
awarded under the expansion of the educational choice program	3083
established under section 3310.032 of the Revised Code. The number	3084
of scholarships awarded under the expansion of the educational	3085
choice program shall not exceed the number that can be funded with	3086
the appropriations made by the General Assembly for this purpose.	3087

COMMUNITY SCHOOL FACILITIES

3088

The foregoing appropriation item 200684, Community School	3089
Facilities, shall be used to pay each community school established	3090
under Chapter 3314. of the Revised Code that is not an internet-	3091
or computer-based community school and each STEM school	3092
established under Chapter 3326. of the Revised Code an amount	3093
equal to $100 for each full-time equivalent pupil for assistance	3094
with the cost associated with facilities. If the amount	3095
appropriated is not sufficient, the Department of Education shall	3096
prorate the amounts so that the aggregate amount appropriated is	3097
not exceeded.	3098

Section 6. That existing Section 263.320 of Am. Sub. H.B. 59	3099
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of	3100
the 130th General Assembly, is hereby repealed.	3101

Section 7. That Section 9 of Am. Sub. H.B. 487 of the 130th	3102
General Assembly be amended to read as follows:	3103

Sec. 9. (A) For the 2014-2015 school year, each school	3104
district, community school established under Chapter 3314., or	3105
STEM school established under Chapter 3326. of the Revised Code	3106
shall administer to third grade students, for purposes of section	3107
3313.608 of the Revised Code, the English language arts assessment	3108
required under division (A)(1)(a) of section 3301.0710 of the	3109
Revised Code ~~to third grade students for purposes of section~~	3110
~~3313.608 of the Revised Code as follows:~~	3111

~~(1) For the fall administration of the assessment, each~~	3112
~~district or school shall administer the English language arts~~	3113
~~assessment for third graders~~ that the school administered for the	3114
previous year under that section ~~3301.0710 of the Revised Code.~~	3115

~~(2) For the spring administration of the assessment to any~~	3116
~~student who fails to attain at least the score range prescribed by~~	3117
~~division (A)(3) of section 3301.0710 of the Revised Code, each~~	3118
~~district or school shall administer the English language arts~~	3119
~~assessment for third graders that the school administered for the~~	3120
~~previous year under section 3301.0710 of the Revised Code.~~	3121

~~(3) For the spring administration of the assessment to any~~	3122
~~student who has attained at least the score range prescribed by~~	3123
~~division (A)(3) of section 3301.0710 of the Revised Code, each~~	3124
~~district or school shall administer the English language arts~~	3125
~~assessment developed by the Partnership for Assessment of~~	3126
~~Readiness for College and Careers (PARCC)~~.	3127

(B) ~~The~~For the 2014-2015 school year, the Department shall	3128
use the assessments described in ~~divisions~~division (A)~~(1) and~~	3129
~~(2)~~ of this section to calculate a district's or school's grades	3130
on the state report card prescribed by section 3302.03 of the	3131
Revised Code.	3132

A school district or building shall be considered to have met	3133
the performance indicator for the third-grade English language	3134
arts assessment described in division (A) of this section, if at	3135
least eighty per cent of the tested students attain a score of	3136
proficient or higher on the assessment.	3137

Section 8. That existing Section 9 of Am. Sub. H.B. 487 of	3138
the 130th General Assembly is hereby repealed.	3139

Section 9. Notwithstanding division (G)(2) of section	3140
3301.0711 of the Revised Code, for the 2014-2015 school year only,	3141
the Department of Education or an entity with which the Department	3142
contracts for the scoring of the assessments prescribed by	3143
divisions (A)(1) and (B)(1) and (2) of section 3301.0710 of the	3144
Revised Code shall send to each school district board a list of	3145
the individual scores of all persons taking such an assessment for	3146
that school year not later than December 31, 2015.	3147

Section 10. For the 2014-2015 school year, for the state	3148
report card prescribed by section 3302.03 of the Revised Code,	3149
notwithstanding anything to the contrary in the Revised Code, the	3150
Department of Education shall calculate the performance index	3151
score and the performance indicators met report card measures	3152
based on the following assessments as follows:	3153

(A) For students enrolled in any of grades nine through	3154
twelve, the scores from the assessments administered under	3155
division (B)(1) of section 3301.0710 of the Revised Code.	3156

Any scores from assessments under division (B)(2) of section	3157
3301.0712 of the Revised Code taken by students in any of grades	3158
nine through twelve shall be reported only and shall not be	3159
included in the calculation of a letter grade for a school	3160
district or building's performance index or performance indicator	3161
score.	3162

(B) For students enrolled in grade eight or below, the scores	3163
from the assessments administered under division (B)(2) of section	3164
3301.0712 of the Revised Code.	3165

Section 11. (A)(1) For the 2014-2015 school year, if a	3166
student is enrolled in an appropriate course under either of the	3167
dual enrollment programs described in former divisions (A)(1) or	3168
(4) of section 3313.6013 of the Revised Code, as it existed prior	3169
to September 17, 2014, in the area of physical science or biology,	3170
American history, or American government, that student shall not	3171
be required to take the physical science or biology, American	3172
history, or American government end-of-course examination,	3173
whichever is applicable, prescribed under division (B)(2) of	3174
section 3301.0712 of the Revised Code. Instead, that student's	3175
final course grade shall be used in lieu of the applicable	3176
end-of-course examination prescribed under that section.	3177

(2) For the 2014-2015 school year, if a student is enrolled	3178
in an appropriate course under the dual enrollment program	3179
described in former division (A)(3) of section 3313.6013 of the	3180
Revised Code, as it existed prior to September 17, 2014, in the	3181
area of physical science or biology, American history, or American	3182
government, that student shall either:	3183

(a) Take the applicable examination under that dual	3184
enrollment program in lieu of the physical science or biology,	3185
American history, or American government end-of-course	3186
examination, whichever is applicable, prescribed under division	3187
(B)(2) of section 3301.0712 of the Revised Code;	3188

(b) Not be required to take the physical science or biology,	3189
American history, or American government end-of-course	3190
examination, whichever is applicable, prescribed under division	3191
(B)(2) of section 3301.0712 of the Revised Code. Instead, that	3192
student's final course grade shall be used in lieu of the	3193
applicable end-of-course examination prescribed under that	3194
section.	3195

Divisions (A)(1) and (A)(2)(b) of this section shall apply	3196
only to courses for which students receive transcripted credit, as	3197
defined in division (U) of section 3365.01 of the Revised Code.	3198
Neither division shall apply to remedial or developmental courses.	3199

(B) For purposes of this section:

3200

(1) The State Board of Education shall specify the score	3201
levels for each examination required under this section for	3202
purposes of calculating the minimum cumulative performance score	3203
that demonstrates the level of academic achievement necessary to	3204
earn a high school diploma.	3205

(2) The Superintendent of Public Instruction and the	3206
Chancellor of the Ohio Board of Regents jointly shall adopt	3207
guidelines for purposes of calculating the minimum final course	3208
grade that demonstrates the level of academic achievement	3209
necessary to earn a high school diploma.	3210

Section 12. Notwithstanding section 3302.03 of the Revised	3211
Code, the Department of Education shall issue grades as described	3212
in division (E) of section 3302.03 of the Revised Code for each of	3213
the performance measures prescribed in division (C)(1) of that	3214
section for the 2014-2015 school year not later than January 15,	3215
2016.	3216

Section 13. Notwithstanding anything to the contrary in	3217
section 3302.035 of the Revised Code, the Department of Education	3218
shall issue the reports required under that section on the	3219
performance measures for a school district's or school's students	3220
with disabilities subgroup, using data from the 2014-2015 school	3221
year, not later than January 15, 2016.	3222

For each school year thereafter, the Department shall issue	3223
those reports on the first day of October as required under that	3224
section.	3225

Section 14. Not later than November 1, 2015, the State Board	3226
of Education shall make a recommendation on whether or not to	3227
extend by one year the safe harbor provisions prescribed by	3228
section 3302.036 of the Revised Code and Section 13 of Am. Sub.	3229
H.B. 487 of the 130th General Assembly.	3230

Section 15. Notwithstanding section 3302.21 of the Revised	3231
Code, for the 2014-2015 school year only, the Department of	3232
Education shall not rank school districts, community schools, and	3233
STEM schools according to the performance measures prescribed in	3234
divisions (A)(1), (2), and (5) of that section. However, the	3235
Department shall rank districts and schools according to the	3236
measures prescribed in divisions (A)(3) and (4) of that section	3237
for the 2014-2015 school year not later than January 15, 2016."	3238

Section 16. Notwithstanding section 3302.22 of the Revised	3239
Code, the State Board of Education may adopt a resolution excusing	3240
the Department of Education from determining the top ten per cent	3241
of schools for the Governor's Effective and Efficient Schools	3242
Recognition Program under section 3302.22 of the Revised Code for	3243
the 2014-2015 school year.	3244

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Bill Text: OH SB96 | 2013-2014 | 130th General Assembly | Engrossed

Ohio Senate Bill 96 (Prior Session Legislation)

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