Bill Text: OH HB487 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 487 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: ; and to amend Section 263.20 of Am. Sub. H.B. 59 of the 130th General Assembly with regard to education provisions for students in grades kindergarten through twelve.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Passed) 2014-09-17 - Effective Date [HB487 Detail]

Download: Ohio-2013-HB487-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 487

Representative Brenner

A BILL

To amend sections 133.06, 921.06, 3301.0714,

3301.0715, 3302.03, 3302.10, 3313.372, 3313.603,

3313.6013, 3313.6016, 3313.90, 3314.08, 3317.03,

3319.22, 3319.26, 3321.03, 3321.04, 3321.07,

3321.08, 3321.09, 3324.07, 3326.36, 3328.24,

3331.04, 3333.041, 3333.35, 3333.43, 3333.86,

3345.06, 3365.04, 3365.041, 3365.05, 3365.06,

3365.08, and 3365.11; to amend, for the purpose of

adopting new section numbers as indicated in

parentheses, sections 3365.04 (3365.06), 3365.041

(3365.032), 3365.05 (3365.12), 3365.06 (3365.031),

and 3365.11 (3365.09); to enact new sections

3313.6015, 3365.01, 3365.02, 3365.03, 3365.04,

3365.05, 3365.07, 3365.10, 3365.11, and 3365.15

and sections 3365.071 and 3365.13; and to repeal

sections 3313.6015, 3345.062, 3365.01, 3365.02,

3365.021, 3365.022, 3365.03, 3365.07, 3365.09,

3365.10, 3365.12, and 3365.15 of the Revised Code

with regard to education provisions for students

in grades kindergarten through twelve.

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

Section 1. That sections 133.06, 921.06, 3301.0714,	21
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013,	22
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03,	23
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24,	24
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04,	25
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 be amended;	26
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05	27
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended	28
for the purpose of adopting new section numbers as indicated in	29
parentheses; and new sections 3313.6015, 3365.01, 3365.02,	30
3365.03, 3365.04, 3365.05, 3365.07, 3365.10, 3365.11, and 3365.15	31
and sections 3365.071 and 3365.13 of the Revised Code be enacted	32
to read as follows:	33

Sec. 133.06. (A) A school district shall not incur, without	34
a vote of the electors, net indebtedness that exceeds an amount	35
equal to one-tenth of one per cent of its tax valuation, except as	36
provided in divisions (G) and (H) of this section and in division	37
(C) of section 3313.372 of the Revised Code, or as prescribed in	38
section 3318.052 or 3318.44 of the Revised Code, or as provided in	39
division (J) of this section.	40

(B) Except as provided in divisions (E), (F), and (I) of this	41
section, a school district shall not incur net indebtedness that	42
exceeds an amount equal to nine per cent of its tax valuation.	43

(C) A school district shall not submit to a vote of the	44
electors the question of the issuance of securities in an amount	45
that will make the district's net indebtedness after the issuance	46
of the securities exceed an amount equal to four per cent of its	47
tax valuation, unless the superintendent of public instruction,	48
acting under policies adopted by the state board of education, and	49
the tax commissioner, acting under written policies of the	50
commissioner, consent to the submission. A request for the	51
consents shall be made at least one hundred twenty days prior to	52
the election at which the question is to be submitted.	53

The superintendent of public instruction shall certify to the	54
district the superintendent's and the tax commissioner's decisions	55
within thirty days after receipt of the request for consents.	56

If the electors do not approve the issuance of securities at	57
the election for which the superintendent of public instruction	58
and tax commissioner consented to the submission of the question,	59
the school district may submit the same question to the electors	60
on the date that the next special election may be held under	61
section 3501.01 of the Revised Code without submitting a new	62
request for consent. If the school district seeks to submit the	63
same question at any other subsequent election, the district shall	64
first submit a new request for consent in accordance with this	65
division.	66

(D) In calculating the net indebtedness of a school district,	67
none of the following shall be considered:	68

(1) Securities issued to acquire school buses and other	69
equipment used in transporting pupils or issued pursuant to	70
division (D) of section 133.10 of the Revised Code;	71

(2) Securities issued under division (F) of this section,	72
under section 133.301 of the Revised Code, and, to the extent in	73
excess of the limitation stated in division (B) of this section,	74
under division (E) of this section;	75

(3) Indebtedness resulting from the dissolution of a joint	76
vocational school district under section 3311.217 of the Revised	77
Code, evidenced by outstanding securities of that joint vocational	78
school district;	79

(4) Loans, evidenced by any securities, received under	80
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	81

(5) Debt incurred under section 3313.374 of the Revised Code;

(6) Debt incurred pursuant to division (B)(5) of section	83
3313.37 of the Revised Code to acquire computers and related	84
hardware;	85

(7) Debt incurred under section 3318.042 of the Revised Code.

(E) A school district may become a special needs district as	87
to certain securities as provided in division (E) of this section.	88

(1) A board of education, by resolution, may declare its	89
school district to be a special needs district by determining both	90
of the following:	91

(a) The student population is not being adequately serviced	92
by the existing permanent improvements of the district.	93

(b) The district cannot obtain sufficient funds by the	94
issuance of securities within the limitation of division (B) of	95
this section to provide additional or improved needed permanent	96
improvements in time to meet the needs.	97

(2) The board of education shall certify a copy of that	98
resolution to the superintendent of public instruction with a	99
statistical report showing all of the following:	100

(a) The history of and a projection of the growth of the tax	101
valuation;	102

(b) The projected needs;

103

(c) The estimated cost of permanent improvements proposed to	104
meet such projected needs.	105

(3) The superintendent of public instruction shall certify	106
the district as an approved special needs district if the	107
superintendent finds both of the following:	108

(a) The district does not have available sufficient	109
additional funds from state or federal sources to meet the	110
projected needs.	111

(b) The projection of the potential average growth of tax	112
valuation during the next five years, according to the information	113
certified to the superintendent and any other information the	114
superintendent obtains, indicates a likelihood of potential	115
average growth of tax valuation of the district during the next	116
five years of an average of not less than one and one-half per	117
cent per year. The findings and certification of the	118
superintendent shall be conclusive.	119

(4) An approved special needs district may incur net	120
indebtedness by the issuance of securities in accordance with the	121
provisions of this chapter in an amount that does not exceed an	122
amount equal to the greater of the following:	123

(a) Twelve per cent of the sum of its tax valuation plus an	124
amount that is the product of multiplying that tax valuation by	125
the percentage by which the tax valuation has increased over the	126
tax valuation on the first day of the sixtieth month preceding the	127
month in which its board determines to submit to the electors the	128
question of issuing the proposed securities;	129

(b) Twelve per cent of the sum of its tax valuation plus an	130
amount that is the product of multiplying that tax valuation by	131
the percentage, determined by the superintendent of public	132
instruction, by which that tax valuation is projected to increase	133
during the next ten years.	134

(F) A school district may issue securities for emergency	135
purposes, in a principal amount that does not exceed an amount	136
equal to three per cent of its tax valuation, as provided in this	137
division.	138

(1) A board of education, by resolution, may declare an	139
emergency if it determines both of the following:	140

(a) School buildings or other necessary school facilities in	141
the district have been wholly or partially destroyed, or condemned	142
by a constituted public authority, or that such buildings or	143
facilities are partially constructed, or so constructed or planned	144
as to require additions and improvements to them before the	145
buildings or facilities are usable for their intended purpose, or	146
that corrections to permanent improvements are necessary to remove	147
or prevent health or safety hazards.	148

(b) Existing fiscal and net indebtedness limitations make	149
adequate replacement, additions, or improvements impossible.	150

(2) Upon the declaration of an emergency, the board of	151
education may, by resolution, submit to the electors of the	152
district pursuant to section 133.18 of the Revised Code the	153
question of issuing securities for the purpose of paying the cost,	154
in excess of any insurance or condemnation proceeds received by	155
the district, of permanent improvements to respond to the	156
emergency need.	157

(3) The procedures for the election shall be as provided in	158
section 133.18 of the Revised Code, except that:	159

(a) The form of the ballot shall describe the emergency	160
existing, refer to this division as the authority under which the	161
emergency is declared, and state that the amount of the proposed	162
securities exceeds the limitations prescribed by division (B) of	163
this section;	164

(b) The resolution required by division (B) of section 133.18	165
of the Revised Code shall be certified to the county auditor and	166
the board of elections at least one hundred days prior to the	167
election;	168

(c) The county auditor shall advise and, not later than	169
ninety-five days before the election, confirm that advice by	170
certification to, the board of education of the information	171
required by division (C) of section 133.18 of the Revised Code;	172

(d) The board of education shall then certify its resolution	173
and the information required by division (D) of section 133.18 of	174
the Revised Code to the board of elections not less than ninety	175
days prior to the election.	176

(4) Notwithstanding division (B) of section 133.21 of the	177
Revised Code, the first principal payment of securities issued	178
under this division may be set at any date not later than sixty	179
months after the earliest possible principal payment otherwise	180
provided for in that division.	181

(G)(1) The board of education may contract with an architect,	182
professional engineer, or other person experienced in the design	183
and implementation of energy conservation measures for an analysis	184
and recommendations pertaining to installations, modifications of	185
installations, or remodeling that would significantly reduce	186
energy consumption in buildings owned by the district. The report	187
shall include estimates of all costs of such installations,	188
modifications, or remodeling, including costs of design,	189
engineering, installation, maintenance, repairs, measurement and	190
verification of energy savings, and debt service, forgone residual	191
value of materials or equipment replaced by the energy	192
conservation measure, as defined by the Ohio school facilities	193
commission, a baseline analysis of actual energy consumption data	194
for the preceding three years with the utility baseline based on	195
only the actual energy consumption data for the preceding twelve	196
months, and estimates of the amounts by which energy consumption	197
and resultant operational and maintenance costs, as defined by the	198
commission, would be reduced.	199

If the board finds after receiving the report that the amount	200
of money the district would spend on such installations,	201
modifications, or remodeling is not likely to exceed the amount of	202
money it would save in energy and resultant operational and	203
maintenance costs over the ensuing fifteen years, the board may	204
submit to the commission a copy of its findings and a request for	205
approval to incur indebtedness to finance the making or	206
modification of installations or the remodeling of buildings for	207
the purpose of significantly reducing energy consumption.	208

The school facilities commission, in consultation with the	209
auditor of state, may deny a request under this division by the	210
board of education any school district is in a state of fiscal	211
watch pursuant to division (A) of section 3316.03 of the Revised	212
Code, if it determines that the expenditure of funds is not in the	213
best interest of the school district.	214

No district board of education of a school district that is	215
in a state of fiscal emergency pursuant to division (B) of section	216
3316.03 of the Revised Code shall submit a request without	217
submitting evidence that the installations, modifications, or	218
remodeling have been approved by the district's financial planning	219
and supervision commission established under section 3316.05 of	220
the Revised Code.	221

No board of education of a school district that, for three or	222
more consecutive years, has been declared to be in a state of	223
academic emergency under section 3302.03 of the Revised Code, as	224
that section existed prior to March 22, 2013, and has failed to	225
meet adequate yearly progress, or has met any condition set forth	226
in division (A)~~(2), (3), or (4)~~(1)(b), (c), or (d) of section	227
3302.10 of the Revised Code shall submit a request without first	228
receiving approval to incur indebtedness from the district's	229
academic distress commission, if one has been established for the	230
district under that section, for so long as such commission	231
continues ~~to be required~~in operation for the district.	232

(2) The school facilities commission shall approve the	233
board's request provided that the following conditions are	234
satisfied:	235

(a) The commission determines that the board's findings are	236
reasonable.	237

(b) The request for approval is complete.

238

(c) The installations, modifications, or remodeling are	239
consistent with any project to construct or acquire classroom	240
facilities, or to reconstruct or make additions to existing	241
classroom facilities under sections 3318.01 to 3318.20 or sections	242
3318.40 to 3318.45 of the Revised Code.	243

Upon receipt of the commission's approval, the district may	244
issue securities without a vote of the electors in a principal	245
amount not to exceed nine-tenths of one per cent of its tax	246
valuation for the purpose of making such installations,	247
modifications, or remodeling, but the total net indebtedness of	248
the district without a vote of the electors incurred under this	249
and all other sections of the Revised Code, except section	250
3318.052 of the Revised Code, shall not exceed one per cent of the	251
district's tax valuation.	252

(3) So long as any securities issued under this division	253
remain outstanding, the board of education shall monitor the	254
energy consumption and resultant operational and maintenance costs	255
of buildings in which installations or modifications have been	256
made or remodeling has been done pursuant to this division ~~and~~.	257
Except as provided in division (G)(4) of this section, the board	258
shall maintain and annually update a report in a form and manner	259
prescribed by the school facilities commission documenting the	260
reductions in energy consumption and resultant operational and	261
maintenance cost savings attributable to such installations,	262
modifications, or remodeling. ~~The report shall be certified by an~~	263
~~architect or engineer independent of any person that provided~~	264
~~goods or services to the board in connection with the energy~~	265
~~conservation measures that are the subject of the report.~~ The	266
resultant operational and maintenance cost savings shall be	267
certified by the school district treasurer. The report shall be	268
submitted annually to the commission.	269

(4) If the school facilities commission verifies that the	270
certified annual reports submitted to the commission by a board of	271
education under division (G)(3) of this section fulfill the	272
guarantee required under division (B) of section 3313.372 of the	273
Revised Code for three consecutive years, the board of education	274
shall no longer be subject to the annual reporting requirements of	275
division (G)(3) of this section.	276

(H) With the consent of the superintendent of public	277
instruction, a school district may incur without a vote of the	278
electors net indebtedness that exceeds the amounts stated in	279
divisions (A) and (G) of this section for the purpose of paying	280
costs of permanent improvements, if and to the extent that both of	281
the following conditions are satisfied:	282

(1) The fiscal officer of the school district estimates that	283
receipts of the school district from payments made under or	284
pursuant to agreements entered into pursuant to section 725.02,	285
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	286
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	287
Code, or distributions under division (C) of section 5709.43 of	288
the Revised Code, or any combination thereof, are, after	289
accounting for any appropriate coverage requirements, sufficient	290
in time and amount, and are committed by the proceedings, to pay	291
the debt charges on the securities issued to evidence that	292
indebtedness and payable from those receipts, and the taxing	293
authority of the district confirms the fiscal officer's estimate,	294
which confirmation is approved by the superintendent of public	295
instruction;	296

(2) The fiscal officer of the school district certifies, and	297
the taxing authority of the district confirms, that the district,	298
at the time of the certification and confirmation, reasonably	299
expects to have sufficient revenue available for the purpose of	300
operating such permanent improvements for their intended purpose	301
upon acquisition or completion thereof, and the superintendent of	302
public instruction approves the taxing authority's confirmation.	303

The maximum maturity of securities issued under division (H)	304
of this section shall be the lesser of twenty years or the maximum	305
maturity calculated under section 133.20 of the Revised Code.	306

(I) A school district may incur net indebtedness by the	307
issuance of securities in accordance with the provisions of this	308
chapter in excess of the limit specified in division (B) or (C) of	309
this section when necessary to raise the school district portion	310
of the basic project cost and any additional funds necessary to	311
participate in a project under Chapter 3318. of the Revised Code,	312
including the cost of items designated by the ~~Ohio~~ school	313
facilities commission as required locally funded initiatives, the	314
cost of other locally funded initiatives in an amount that does	315
not exceed fifty per cent of the district's portion of the basic	316
project cost, and the cost for site acquisition. The ~~school~~	317
~~facilities~~ commission shall notify the superintendent of public	318
instruction whenever a school district will exceed either limit	319
pursuant to this division.	320

(J) A school district whose portion of the basic project cost	321
of its classroom facilities project under sections 3318.01 to	322
3318.20 of the Revised Code is greater than or equal to one	323
hundred million dollars may incur without a vote of the electors	324
net indebtedness in an amount up to two per cent of its tax	325
valuation through the issuance of general obligation securities in	326
order to generate all or part of the amount of its portion of the	327
basic project cost if the controlling board has approved the	328
school facilities commission's conditional approval of the project	329
under section 3318.04 of the Revised Code. The school district	330
board and the Ohio school facilities commission shall include the	331
dedication of the proceeds of such securities in the agreement	332
entered into under section 3318.08 of the Revised Code. No state	333
moneys shall be released for a project to which this section	334
applies until the proceeds of any bonds issued under this section	335
that are dedicated for the payment of the school district portion	336
of the project are first deposited into the school district's	337
project construction fund.	338

Sec. 921.06. (A)(1) No individual shall do any of the	339
following without having a commercial applicator license issued by	340
the director of agriculture:	341

(a) Apply pesticides for a pesticide business without direct	342
supervision;	343

(b) Apply pesticides as part of the individual's duties while	344
acting as an employee of the United States government, a state,	345
county, township, or municipal corporation, or a park district,	346
port authority, or sanitary district created under Chapter 1545.,	347
4582., or 6115. of the Revised Code, respectively;	348

(c) Apply restricted use pesticides. Division (A)(1)(c) of	349
this section does not apply to a private applicator or an	350
immediate family member or a subordinate employee of a private	351
applicator who is acting under the direct supervision of that	352
private applicator.	353

(d) If the individual is the owner of a business other than a	354
pesticide business or an employee of such an owner, apply	355
pesticides at any of the following publicly accessible sites that	356
are located on the property:	357

(i) Food service operations that are licensed under Chapter	358
3717. of the Revised Code;	359

(ii) Retail food establishments that are licensed under	360
Chapter 3717. of the Revised Code;	361

(iii) Golf courses;

362

(iv) Rental properties of more than four apartment units at	363
one location;	364

(v) Hospitals or medical facilities as defined in section	365
3701.01 of the Revised Code;	366

(vi) Child day-care centers or school child day-care centers	367
as defined in section 5104.01 of the Revised Code;	368

(vii) Facilities owned or operated by a school district	369
established under Chapter 3311. of the Revised Code, including an	370
~~education~~educational service center, a community school	371
established under Chapter 3314. of the Revised Code, or a	372
chartered or nonchartered nonpublic school that meets minimum	373
standards established by the state board of education;	374

(viii) ~~Colleges as defined in section 3365.01~~State	375
institutions of higher education as defined in section 3345.011 of	376
the Revised Code, nonprofit institutions holding a certificate of	377
authorization pursuant to Chapter 1713. of the Revised Code,	378
institutions holding a certificate of registration from the state	379
board of career colleges and schools and program authorization for	380
an associate or bachelor's degree program issued under section	381
3332.05 of the Revised Code, and private institutions exempt from	382
regulation under Chapter 3332. of the Revised Code as prescribed	383
in section 3333.046 of the Revised Code;	384

(ix) Food processing establishments as defined in section	385
3715.021 of the Revised Code;	386

(x) Any other site designated by rule.

387

(e) Conduct authorized diagnostic inspections.

388

(2) Divisions (A)(1)(a) to (d) of this section do not apply	389
to an individual who is acting as a trained serviceperson under	390
the direct supervision of a commercial applicator.	391

(3) Licenses shall be issued for a period of time established	392
by rule and shall be renewed in accordance with deadlines	393
established by rule. The fee for each such license shall be	394
established by rule. If a license is not issued or renewed, the	395
application fee shall be retained by the state as payment for the	396
reasonable expense of processing the application. The director	397
shall by rule classify by pesticide-use category licenses to be	398
issued under this section. A single license may include more than	399
one pesticide-use category. No individual shall be required to pay	400
an additional license fee if the individual is licensed for more	401
than one category.	402

The fee for each license or renewal does not apply to an	403
applicant who is an employee of the department of agriculture	404
whose job duties require licensure as a commercial applicator as a	405
condition of employment.	406

(B) Application for a commercial applicator license shall be	407
made on a form prescribed by the director. Each application for a	408
license shall state the pesticide-use category or categories of	409
license for which the applicant is applying and other information	410
that the director determines essential to the administration of	411
this chapter.	412

(C) If the director finds that the applicant is competent to	413
apply pesticides and conduct diagnostic inspections and that the	414
applicant has passed both the general examination and each	415
applicable pesticide-use category examination as required under	416
division (A) of section 921.12 of the Revised Code, the director	417
shall issue a commercial applicator license limited to the	418
pesticide-use category or categories for which the applicant is	419
found to be competent. If the director rejects an application, the	420
director may explain why the application was rejected, describe	421
the additional requirements necessary for the applicant to obtain	422
a license, and return the application. The applicant may resubmit	423
the application without payment of any additional fee.	424

(D)(1) A person who is a commercial applicator shall be	425
deemed to hold a private applicator's license for purposes of	426
applying pesticides on agricultural commodities that are produced	427
by the commercial applicator.	428

(2) A commercial applicator shall apply pesticides only in	429
the pesticide-use category or categories in which the applicator	430
is licensed under this chapter.	431

(E) All money collected under this section shall be credited	432
to the pesticide, fertilizer, and lime program fund created in	433
section 921.22 of the Revised Code.	434

Sec. 3301.0714. (A) The state board of education shall adopt	435
rules for a statewide education management information system. The	436
rules shall require the state board to establish guidelines for	437
the establishment and maintenance of the system in accordance with	438
this section and the rules adopted under this section. The	439
guidelines shall include:	440

(1) Standards identifying and defining the types of data in	441
the system in accordance with divisions (B) and (C) of this	442
section;	443

(2) Procedures for annually collecting and reporting the data	444
to the state board in accordance with division (D) of this	445
section;	446

(3) Procedures for annually compiling the data in accordance	447
with division (G) of this section;	448

(4) Procedures for annually reporting the data to the public	449
in accordance with division (H) of this section.	450

(B) The guidelines adopted under this section shall require	451
the data maintained in the education management information system	452
to include at least the following:	453

(1) Student participation and performance data, for each	454
grade in each school district as a whole and for each grade in	455
each school building in each school district, that includes:	456

(a) The numbers of students receiving each category of	457
instructional service offered by the school district, such as	458
regular education instruction, vocational education instruction,	459
specialized instruction programs or enrichment instruction that is	460
part of the educational curriculum, instruction for gifted	461
students, instruction for students with disabilities, and remedial	462
instruction. The guidelines shall require instructional services	463
under this division to be divided into discrete categories if an	464
instructional service is limited to a specific subject, a specific	465
type of student, or both, such as regular instructional services	466
in mathematics, remedial reading instructional services,	467
instructional services specifically for students gifted in	468
mathematics or some other subject area, or instructional services	469
for students with a specific type of disability. The categories of	470
instructional services required by the guidelines under this	471
division shall be the same as the categories of instructional	472
services used in determining cost units pursuant to division	473
(C)(3) of this section.	474

(b) The numbers of students receiving support or	475
extracurricular services for each of the support services or	476
extracurricular programs offered by the school district, such as	477
counseling services, health services, and extracurricular sports	478
and fine arts programs. The categories of services required by the	479
guidelines under this division shall be the same as the categories	480
of services used in determining cost units pursuant to division	481
(C)(4)(a) of this section.	482

(c) Average student grades in each subject in grades nine	483
through twelve;	484

(d) Academic achievement levels as assessed under sections	485
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	486

(e) The number of students designated as having a disabling	487
condition pursuant to division (C)(1) of section 3301.0711 of the	488
Revised Code;	489

(f) The numbers of students reported to the state board	490
pursuant to division (C)(2) of section 3301.0711 of the Revised	491
Code;	492

(g) Attendance rates and the average daily attendance for the	493
year. For purposes of this division, a student shall be counted as	494
present for any field trip that is approved by the school	495
administration.	496

(h) Expulsion rates;

497

(i) Suspension rates;

498

(j) Dropout rates;

499

(k) Rates of retention in grade;

500

(l) For pupils in grades nine through twelve, the average	501
number of carnegie units, as calculated in accordance with state	502
board of education rules;	503

(m) Graduation rates, to be calculated in a manner specified	504
by the department of education that reflects the rate at which	505
students who were in the ninth grade three years prior to the	506
current year complete school and that is consistent with	507
nationally accepted reporting requirements;	508

(n) Results of diagnostic assessments administered to	509
kindergarten students as required under section 3301.0715 of the	510
Revised Code to permit a comparison of the academic readiness of	511
kindergarten students. However, no district shall be required to	512
report to the department the results of any diagnostic assessment	513
administered to a kindergarten student, except for the language	514
and reading assessment described in division (A)(2) of section	515
3301.0715 of the Revised Code, if the parent of that student	516
requests the district not to report those results.	517

(2) Personnel and classroom enrollment data for each school	518
district, including:	519

(a) The total numbers of licensed employees and nonlicensed	520
employees and the numbers of full-time equivalent licensed	521
employees and nonlicensed employees providing each category of	522
instructional service, instructional support service, and	523
administrative support service used pursuant to division (C)(3) of	524
this section. The guidelines adopted under this section shall	525
require these categories of data to be maintained for the school	526
district as a whole and, wherever applicable, for each grade in	527
the school district as a whole, for each school building as a	528
whole, and for each grade in each school building.	529

(b) The total number of employees and the number of full-time	530
equivalent employees providing each category of service used	531
pursuant to divisions (C)(4)(a) and (b) of this section, and the	532
total numbers of licensed employees and nonlicensed employees and	533
the numbers of full-time equivalent licensed employees and	534
nonlicensed employees providing each category used pursuant to	535
division (C)(4)(c) of this section. The guidelines adopted under	536
this section shall require these categories of data to be	537
maintained for the school district as a whole and, wherever	538
applicable, for each grade in the school district as a whole, for	539
each school building as a whole, and for each grade in each school	540
building.	541

(c) The total number of regular classroom teachers teaching	542
classes of regular education and the average number of pupils	543
enrolled in each such class, in each of grades kindergarten	544
through five in the district as a whole and in each school	545
building in the school district.	546

(d) The number of lead teachers employed by each school	547
district and each school building.	548

(3)(a) Student demographic data for each school district,	549
including information regarding the gender ratio of the school	550
district's pupils, the racial make-up of the school district's	551
pupils, the number of limited English proficient students in the	552
district, and an appropriate measure of the number of the school	553
district's pupils who reside in economically disadvantaged	554
households. The demographic data shall be collected in a manner to	555
allow correlation with data collected under division (B)(1) of	556
this section. Categories for data collected pursuant to division	557
(B)(3) of this section shall conform, where appropriate, to	558
standard practices of agencies of the federal government.	559

(b) With respect to each student entering kindergarten,	560
whether the student previously participated in a public preschool	561
program, a private preschool program, or a head start program, and	562
the number of years the student participated in each of these	563
programs.	564

(4) Any data required to be collected pursuant to federal	565
law.	566

(C) The education management information system shall include	567
cost accounting data for each district as a whole and for each	568
school building in each school district. The guidelines adopted	569
under this section shall require the cost data for each school	570
district to be maintained in a system of mutually exclusive cost	571
units and shall require all of the costs of each school district	572
to be divided among the cost units. The guidelines shall require	573
the system of mutually exclusive cost units to include at least	574
the following:	575

(1) Administrative costs for the school district as a whole.	576
The guidelines shall require the cost units under this division	577
(C)(1) to be designed so that each of them may be compiled and	578
reported in terms of average expenditure per pupil in formula ADM	579
in the school district, as determined pursuant to section 3317.03	580
of the Revised Code.	581

(2) Administrative costs for each school building in the	582
school district. The guidelines shall require the cost units under	583
this division (C)(2) to be designed so that each of them may be	584
compiled and reported in terms of average expenditure per	585
full-time equivalent pupil receiving instructional or support	586
services in each building.	587

(3) Instructional services costs for each category of	588
instructional service provided directly to students and required	589
by guidelines adopted pursuant to division (B)(1)(a) of this	590
section. The guidelines shall require the cost units under	591
division (C)(3) of this section to be designed so that each of	592
them may be compiled and reported in terms of average expenditure	593
per pupil receiving the service in the school district as a whole	594
and average expenditure per pupil receiving the service in each	595
building in the school district and in terms of a total cost for	596
each category of service and, as a breakdown of the total cost, a	597
cost for each of the following components:	598

(a) The cost of each instructional services category required	599
by guidelines adopted under division (B)(1)(a) of this section	600
that is provided directly to students by a classroom teacher;	601

(b) The cost of the instructional support services, such as	602
services provided by a speech-language pathologist, classroom	603
aide, multimedia aide, or librarian, provided directly to students	604
in conjunction with each instructional services category;	605

(c) The cost of the administrative support services related	606
to each instructional services category, such as the cost of	607
personnel that develop the curriculum for the instructional	608
services category and the cost of personnel supervising or	609
coordinating the delivery of the instructional services category.	610

(4) Support or extracurricular services costs for each	611
category of service directly provided to students and required by	612
guidelines adopted pursuant to division (B)(1)(b) of this section.	613
The guidelines shall require the cost units under division (C)(4)	614
of this section to be designed so that each of them may be	615
compiled and reported in terms of average expenditure per pupil	616
receiving the service in the school district as a whole and	617
average expenditure per pupil receiving the service in each	618
building in the school district and in terms of a total cost for	619
each category of service and, as a breakdown of the total cost, a	620
cost for each of the following components:	621

(a) The cost of each support or extracurricular services	622
category required by guidelines adopted under division (B)(1)(b)	623
of this section that is provided directly to students by a	624
licensed employee, such as services provided by a guidance	625
counselor or any services provided by a licensed employee under a	626
supplemental contract;	627

(b) The cost of each such services category provided directly	628
to students by a nonlicensed employee, such as janitorial	629
services, cafeteria services, or services of a sports trainer;	630

(c) The cost of the administrative services related to each	631
services category in division (C)(4)(a) or (b) of this section,	632
such as the cost of any licensed or nonlicensed employees that	633
develop, supervise, coordinate, or otherwise are involved in	634
administering or aiding the delivery of each services category.	635

(D)(1) The guidelines adopted under this section shall	636
require school districts to collect information about individual	637
students, staff members, or both in connection with any data	638
required by division (B) or (C) of this section or other reporting	639
requirements established in the Revised Code. The guidelines may	640
also require school districts to report information about	641
individual staff members in connection with any data required by	642
division (B) or (C) of this section or other reporting	643
requirements established in the Revised Code. The guidelines shall	644
not authorize school districts to request social security numbers	645
of individual students. The guidelines shall prohibit the	646
reporting under this section of a student's name, address, and	647
social security number to the state board of education or the	648
department of education. The guidelines shall also prohibit the	649
reporting under this section of any personally identifiable	650
information about any student, except for the purpose of assigning	651
the data verification code required by division (D)(2) of this	652
section, to any other person unless such person is employed by the	653
school district or the information technology center operated	654
under section 3301.075 of the Revised Code and is authorized by	655
the district or technology center to have access to such	656
information or is employed by an entity with which the department	657
contracts for the scoring or the development of state assessments.	658
The guidelines may require school districts to provide the social	659
security numbers of individual staff members and the county of	660
residence for a student. Nothing in this section prohibits the	661
state board of education or department of education from providing	662
a student's county of residence to the department of taxation to	663
facilitate the distribution of tax revenue.	664

(2)(a) The guidelines shall provide for each school district	665
or community school to assign a data verification code that is	666
unique on a statewide basis over time to each student whose	667
initial Ohio enrollment is in that district or school and to	668
report all required individual student data for that student	669
utilizing such code. The guidelines shall also provide for	670
assigning data verification codes to all students enrolled in	671
districts or community schools on the effective date of the	672
guidelines established under this section. The assignment of data	673
verification codes for other entities, as described in division	674
(D)(2)(c) of this section, the use of those codes, and the	675
reporting and use of associated individual student data shall be	676
coordinated by the department in accordance with state and federal	677
law.	678

School districts shall report individual student data to the	679
department through the information technology centers utilizing	680
the code. The entities described in division (D)(2)(c) of this	681
section shall report individual student data to the department in	682
the manner prescribed by the department.	683

Except as provided in sections 3301.941, 3310.11, 3310.42,	684
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	685
shall the state board or the department have access to information	686
that would enable any data verification code to be matched to	687
personally identifiable student data.	688

(b) Each school district and community school shall ensure	689
that the data verification code is included in the student's	690
records reported to any subsequent school district, community	691
school, or state institution of higher education, as defined in	692
section 3345.011 of the Revised Code, in which the student	693
enrolls. Any such subsequent district or school shall utilize the	694
same identifier in its reporting of data under this section.	695

(c) The director of any state agency that administers a	696
publicly funded program providing services to children who are	697
younger than compulsory school age, as defined in section 3321.01	698
of the Revised Code, including the directors of health, job and	699
family services, mental health and addiction services, and	700
developmental disabilities, shall request and receive, pursuant to	701
sections 3301.0723 and 3701.62 of the Revised Code, a data	702
verification code for a child who is receiving those services.	703

(E) The guidelines adopted under this section may require	704
school districts to collect and report data, information, or	705
reports other than that described in divisions (A), (B), and (C)	706
of this section for the purpose of complying with other reporting	707
requirements established in the Revised Code. The other data,	708
information, or reports may be maintained in the education	709
management information system but are not required to be compiled	710
as part of the profile formats required under division (G) of this	711
section or the annual statewide report required under division (H)	712
of this section.	713

(F) Beginning with the school year that begins July 1, 1991,	714
the board of education of each school district shall annually	715
collect and report to the state board, in accordance with the	716
guidelines established by the board, the data required pursuant to	717
this section. A school district may collect and report these data	718
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	719

(G) The state board shall, in accordance with the procedures	720
it adopts, annually compile the data reported by each school	721
district pursuant to division (D) of this section. The state board	722
shall design formats for profiling each school district as a whole	723
and each school building within each district and shall compile	724
the data in accordance with these formats. These profile formats	725
shall:	726

(1) Include all of the data gathered under this section in a	727
manner that facilitates comparison among school districts and	728
among school buildings within each school district;	729

(2) Present the data on academic achievement levels as	730
assessed by the testing of student achievement maintained pursuant	731
to division (B)(1)(d) of this section.	732

(H)(1) The state board shall, in accordance with the	733
procedures it adopts, annually prepare a statewide report for all	734
school districts and the general public that includes the profile	735
of each of the school districts developed pursuant to division (G)	736
of this section. Copies of the report shall be sent to each school	737
district.	738

(2) The state board shall, in accordance with the procedures	739
it adopts, annually prepare an individual report for each school	740
district and the general public that includes the profiles of each	741
of the school buildings in that school district developed pursuant	742
to division (G) of this section. Copies of the report shall be	743
sent to the superintendent of the district and to each member of	744
the district board of education.	745

(3) Copies of the reports received from the state board under	746
divisions (H)(1) and (2) of this section shall be made available	747
to the general public at each school district's offices. Each	748
district board of education shall make copies of each report	749
available to any person upon request and payment of a reasonable	750
fee for the cost of reproducing the report. The board shall	751
annually publish in a newspaper of general circulation in the	752
school district, at least twice during the two weeks prior to the	753
week in which the reports will first be available, a notice	754
containing the address where the reports are available and the	755
date on which the reports will be available.	756

(I) Any data that is collected or maintained pursuant to this	757
section and that identifies an individual pupil is not a public	758
record for the purposes of section 149.43 of the Revised Code.	759

(J) As used in this section:

760

(1) "School district" means any city, local, exempted	761
village, or joint vocational school district and, in accordance	762
with section 3314.17 of the Revised Code, any community school. As	763
used in division (L) of this section, "school district" also	764
includes any educational service center or other educational	765
entity required to submit data using the system established under	766
this section.	767

(2) "Cost" means any expenditure for operating expenses made	768
by a school district excluding any expenditures for debt	769
retirement except for payments made to any commercial lending	770
institution for any loan approved pursuant to section 3313.483 of	771
the Revised Code.	772

(K) Any person who removes data from the information system	773
established under this section for the purpose of releasing it to	774
any person not entitled under law to have access to such	775
information is subject to section 2913.42 of the Revised Code	776
prohibiting tampering with data.	777

(L)(1) In accordance with division (L)(2) of this section and	778
the rules adopted under division (L)(10) of this section, the	779
department of education may sanction any school district that	780
reports incomplete or inaccurate data, reports data that does not	781
conform to data requirements and descriptions published by the	782
department, fails to report data in a timely manner, or otherwise	783
does not make a good faith effort to report data as required by	784
this section.	785

(2) If the department decides to sanction a school district	786
under this division, the department shall take the following	787
sequential actions:	788

(a) Notify the district in writing that the department has	789
determined that data has not been reported as required under this	790
section and require the district to review its data submission and	791
submit corrected data by a deadline established by the department.	792
The department also may require the district to develop a	793
corrective action plan, which shall include provisions for the	794
district to provide mandatory staff training on data reporting	795
procedures.	796

(b) Withhold up to ten per cent of the total amount of state	797
funds due to the district for the current fiscal year and, if not	798
previously required under division (L)(2)(a) of this section,	799
require the district to develop a corrective action plan in	800
accordance with that division;	801

(c) Withhold an additional amount of up to twenty per cent of	802
the total amount of state funds due to the district for the	803
current fiscal year;	804

(d) Direct department staff or an outside entity to	805
investigate the district's data reporting practices and make	806
recommendations for subsequent actions. The recommendations may	807
include one or more of the following actions:	808

(i) Arrange for an audit of the district's data reporting	809
practices by department staff or an outside entity;	810

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

811

(iii) Withhold an additional amount of up to thirty per cent	812
of the total amount of state funds due to the district for the	813
current fiscal year;	814

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

815

(v) Assign department staff to supervise the district's data	816
management system;	817

(vi) Conduct an investigation to determine whether to suspend	818
or revoke the license of any district employee in accordance with	819
division (N) of this section;	820

(vii) If the district is issued a report card under section	821
3302.03 of the Revised Code, indicate on the report card that the	822
district has been sanctioned for failing to report data as	823
required by this section;	824

(viii) If the district is issued a report card under section	825
3302.03 of the Revised Code and incomplete or inaccurate data	826
submitted by the district likely caused the district to receive a	827
higher performance rating than it deserved under that section,	828
issue a revised report card for the district;	829

(ix) Any other action designed to correct the district's data	830
reporting problems.	831

(3) Any time the department takes an action against a school	832
district under division (L)(2) of this section, the department	833
shall make a report of the circumstances that prompted the action.	834
The department shall send a copy of the report to the district	835
superintendent or chief administrator and maintain a copy of the	836
report in its files.	837

(4) If any action taken under division (L)(2) of this section	838
resolves a school district's data reporting problems to the	839
department's satisfaction, the department shall not take any	840
further actions described by that division. If the department	841
withheld funds from the district under that division, the	842
department may release those funds to the district, except that if	843
the department withheld funding under division (L)(2)(c) of this	844
section, the department shall not release the funds withheld under	845
division (L)(2)(b) of this section and, if the department withheld	846
funding under division (L)(2)(d) of this section, the department	847
shall not release the funds withheld under division (L)(2)(b) or	848
(c) of this section.	849

(5) Notwithstanding anything in this section to the contrary,	850
the department may use its own staff or an outside entity to	851
conduct an audit of a school district's data reporting practices	852
any time the department has reason to believe the district has not	853
made a good faith effort to report data as required by this	854
section. If any audit conducted by an outside entity under	855
division (L)(2)(d)(i) or (5) of this section confirms that a	856
district has not made a good faith effort to report data as	857
required by this section, the district shall reimburse the	858
department for the full cost of the audit. The department may	859
withhold state funds due to the district for this purpose.	860

(6) Prior to issuing a revised report card for a school	861
district under division (L)(2)(d)(viii) of this section, the	862
department may hold a hearing to provide the district with an	863
opportunity to demonstrate that it made a good faith effort to	864
report data as required by this section. The hearing shall be	865
conducted by a referee appointed by the department. Based on the	866
information provided in the hearing, the referee shall recommend	867
whether the department should issue a revised report card for the	868
district. If the referee affirms the department's contention that	869
the district did not make a good faith effort to report data as	870
required by this section, the district shall bear the full cost of	871
conducting the hearing and of issuing any revised report card.	872

(7) If the department determines that any inaccurate data	873
reported under this section caused a school district to receive	874
excess state funds in any fiscal year, the district shall	875
reimburse the department an amount equal to the excess funds, in	876
accordance with a payment schedule determined by the department.	877
The department may withhold state funds due to the district for	878
this purpose.	879

(8) Any school district that has funds withheld under	880
division (L)(2) of this section may appeal the withholding in	881
accordance with Chapter 119. of the Revised Code.	882

(9) In all cases of a disagreement between the department and	883
a school district regarding the appropriateness of an action taken	884
under division (L)(2) of this section, the burden of proof shall	885
be on the district to demonstrate that it made a good faith effort	886
to report data as required by this section.	887

(10) The state board of education shall adopt rules under	888
Chapter 119. of the Revised Code to implement division (L) of this	889
section.	890

(M) No information technology center or school district shall	891
acquire, change, or update its student administration software	892
package to manage and report data required to be reported to the	893
department unless it converts to a student software package that	894
is certified by the department.	895

(N) The state board of education, in accordance with sections	896
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	897
license as defined under division (A) of section 3319.31 of the	898
Revised Code that has been issued to any school district employee	899
found to have willfully reported erroneous, inaccurate, or	900
incomplete data to the education management information system.	901

(O) No person shall release or maintain any information about	902
any student in violation of this section. Whoever violates this	903
division is guilty of a misdemeanor of the fourth degree.	904

(P) The department shall disaggregate the data collected	905
under division (B)(1)(n) of this section according to the race and	906
socioeconomic status of the students assessed. ~~No data collected~~	907
~~under that division shall be included on the report cards required~~	908
~~by section 3302.03 of the Revised Code.~~	909

(Q) If the department cannot compile any of the information	910
required by division (H) of section 3302.03 of the Revised Code	911
based upon the data collected under this section, the department	912
shall develop a plan and a reasonable timeline for the collection	913
of any data necessary to comply with that division.	914

Sec. 3301.0715. (A) Except as otherwise required under	915
division (B)(1) of section 3313.608 of the Revised Code, the board	916
of education of each city, local, and exempted village school	917
district shall administer each applicable diagnostic assessment	918
developed and provided to the district in accordance with section	919
3301.079 of the Revised Code to the following:	920

(1) Any student who transfers into the district or to a	921
different school within the district if each applicable diagnostic	922
assessment was not administered by the district or school the	923
student previously attended in the current school year, within	924
thirty days after the date of transfer. If the district or school	925
into which the student transfers cannot determine whether the	926
student has taken any applicable diagnostic assessment in the	927
current school year, the district or school may administer the	928
diagnostic assessment to the student. However, if a student	929
transfers into the district prior to the administration of the	930
diagnostic assessments to all students under division (B) of this	931
section, the district may administer the diagnostic assessments to	932
that student on the date or dates determined under that division.	933

(2)~~(a) Prior to July 1, 2014, each kindergarten student, not~~	934
~~earlier than four weeks prior to the first day of school and not~~	935
~~later than the first day of October.~~	936

~~(b) Beginning July 1, 2014, each~~Each kindergarten student,	937
not earlier than the first day of the school year and not later	938
than the first day of November, except that the language and	939
reading skills portion of the assessment shall be administered by	940
the thirtieth day of September to fulfill the requirements of	941
division (B) of section 3313.608 of the Revised Code.	942

For the purpose of division (A)(2) of this section, the	943
district shall administer the kindergarten readiness assessment	944
provided by the department of education. In no case shall the	945
results of the readiness assessment be used to prohibit a student	946
from enrolling in kindergarten.	947

(3) Each student enrolled in first, second, or third grade.

948

Division (A) of this section does not apply to students with	949
significant cognitive disabilities, as defined by the department	950
of education.	951

(B) Each district board shall administer each diagnostic	952
assessment when the board deems appropriate, provided the	953
administration complies with section 3313.608 of the Revised Code.	954
However, the board shall administer any diagnostic assessment at	955
least once annually to all students in the appropriate grade	956
level. A district board may administer any diagnostic assessment	957
in the fall and spring of a school year to measure the amount of	958
academic growth attributable to the instruction received by	959
students during that school year.	960

(C) Any district that received ~~an excellent or effective~~	961
~~rating~~a grade of "A" or "B" for the performance index score under	962
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of	963
the Revised Code or for the value-added progress dimension under	964
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of	965
the Revised Code for the immediately preceding school year,	966
~~pursuant to section 3302.03 of the Revised Code as it existed~~	967
~~prior to March 22, 2013, or the equivalent of such rating as~~	968
~~determined by the department of education,~~ may use different	969
diagnostic assessments from those adopted under division (D) of	970
section 3301.079 of the Revised Code in order to satisfy the	971
requirements of division (A)~~(2)~~(3) of this section.	972

(D) Each district board shall utilize and score any	973
diagnostic assessment administered under division (A) of this	974
section in accordance with rules established by the department.	975
After the administration of any diagnostic assessment, each	976
district shall provide a student's completed diagnostic	977
assessment, the results of such assessment, and any other	978
accompanying documents used during the administration of the	979
assessment to the parent of that student, and shall include all	980
such documents and information in any plan developed for the	981
student under division (C) of section 3313.608 of the Revised	982
Code. Each district shall submit to the department, in the manner	983
the department prescribes, the results of the diagnostic	984
assessments administered under this section, regardless of the	985
type of assessment used under section 3313.608 of the Revised	986
Code. The department may issue reports with respect to the data	987
collected. The department may report school and district level	988
kindergarten diagnostic assessment data and use diagnostic	989
assessment data to calculate the measure prescribed by divisions	990
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	991

(E) Each district board shall provide intervention services	992
to students whose diagnostic assessments show that they are	993
failing to make satisfactory progress toward attaining the	994
academic standards for their grade level.	995

Sec. 3302.03. Annually, not later than the fifteenth day of	996
September or the preceding Friday when that day falls on a	997
Saturday or Sunday, the department of education shall assign a	998
letter grade for overall academic performance and for each	999
separate performance measure for each school district, and each	1000
school building in a district, in accordance with this section.	1001
The state board shall adopt rules pursuant to Chapter 119. of the	1002
Revised Code to establish performance criteria for each letter	1003
grade and prescribe a method by which the department assigns each	1004
letter grade. For a school building to which any of the	1005
performance measures do not apply, due to grade levels served by	1006
the building, the state board shall designate the performance	1007
measures that are applicable to the building and that must be	1008
calculated separately and used to calculate the building's overall	1009
grade. The department shall issue annual report cards reflecting	1010
the performance of each school district, each building within each	1011
district, and for the state as a whole using the performance	1012
measures and letter grade system described in this section. The	1013
department shall include on the report card for each district and	1014
each building within each district the most recent two-year trend	1015
data in student achievement for each subject and each grade.	1016

(A)(1) For the 2012-2013 school year, the department shall	1017
issue grades as described in division (E) of this section for each	1018
of the following performance measures:	1019

(a) Annual measurable objectives;

1020

(b) Performance index score for a school district or	1021
building. Grades shall be awarded as a percentage of the total	1022
possible points on the performance index system as adopted by the	1023
state board. In adopting benchmarks for assigning letter grades	1024
under division (A)(1)(b) of this section, the state board of	1025
education shall designate ninety per cent or higher for an "A," at	1026
least seventy per cent but not more than eighty per cent for a	1027
"C," and less than fifty per cent for an "F."	1028

(c) The extent to which the school district or building meets	1029
each of the applicable performance indicators established by the	1030
state board under section 3302.02 of the Revised Code and the	1031
percentage of applicable performance indicators that have been	1032
achieved. In adopting benchmarks for assigning letter grades under	1033
division (A)(1)(c) of this section, the state board shall	1034
designate ninety per cent or higher for an "A."	1035

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

1036

In adopting benchmarks for assigning letter grades under	1037
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1038
department shall designate a four-year adjusted cohort graduation	1039
rate of ninety-three per cent or higher for an "A" and a five-year	1040
cohort graduation rate of ninety-five per cent or higher for an	1041
"A."	1042

(e) The overall score under the value-added progress	1043
dimension of a school district or building, for which the	1044
department shall use up to three years of value-added data as	1045
available. The letter grade assigned for this growth measure shall	1046
be as follows:	1047

(i) A score that is at least two standard errors of measure	1048
above the mean score shall be designated as an "A."	1049

(ii) A score that is at least one standard error of measure	1050
but less than two standard errors of measure above the mean score	1051
shall be designated as a "B."	1052

(iii) A score that is less than one standard error of measure	1053
above the mean score but greater than or equal to one standard	1054
error of measure below the mean score shall be designated as a	1055
"C."	1056

(iv) A score that is not greater than one standard error of	1057
measure below the mean score but is greater than or equal to two	1058
standard errors of measure below the mean score shall be	1059
designated as a "D."	1060

(v) A score that is not greater than two standard errors of	1061
measure below the mean score shall be designated as an "F."	1062

Whenever the value-added progress dimension is used as a	1063
graded performance measure, whether as an overall measure or as a	1064
measure of separate subgroups, the grades for the measure shall be	1065
calculated in the same manner as prescribed in division (A)(1)(e)	1066
of this section.	1067

(f) The value-added progress dimension score for a school	1068
district or building disaggregated for each of the following	1069
subgroups: students identified as gifted, students with	1070
disabilities, and students whose performance places them in the	1071
lowest quintile for achievement on a statewide basis. Each	1072
subgroup shall be a separate graded measure.	1073

(2) Not later than April 30, 2013, the state board of	1074
education shall adopt a resolution describing the performance	1075
measures, benchmarks, and grading system for the 2012-2013 school	1076
year and, not later than June 30, 2013, shall adopt rules in	1077
accordance with Chapter 119. of the Revised Code that prescribe	1078
the methods by which the performance measures under division	1079
(A)(1) of this section shall be assessed and assigned a letter	1080
grade, including performance benchmarks for each letter grade.	1081

At least forty-five days prior to the state board's adoption	1082
of rules to prescribe the methods by which the performance	1083
measures under division (A)(1) of this section shall be assessed	1084
and assigned a letter grade, the department shall conduct a public	1085
presentation before the standing committees of the house of	1086
representatives and the senate that consider education legislation	1087
describing such methods, including performance benchmarks.	1088

(3) There shall not be an overall letter grade for a school	1089
district or building for the 2012-2013 school year.	1090

(B)(1) For the 2013-2014 school year, the department shall	1091
issue grades as described in division (E) of this section for each	1092
of the following performance measures:	1093

(a) Annual measurable objectives;

1094

(b) Performance index score for a school district or	1095
building. Grades shall be awarded as a percentage of the total	1096
possible points on the performance index system as created by the	1097
department. In adopting benchmarks for assigning letter grades	1098
under division (B)(1)(b) of this section, the state board shall	1099
designate ninety per cent or higher for an "A," at least seventy	1100
per cent but not more than eighty per cent for a "C," and less	1101
than fifty per cent for an "F."	1102

(c) The extent to which the school district or building meets	1103
each of the applicable performance indicators established by the	1104
state board under section 3302.03 of the Revised Code and the	1105
percentage of applicable performance indicators that have been	1106
achieved. In adopting benchmarks for assigning letter grades under	1107
division (B)(1)(c) of this section, the state board shall	1108
designate ninety per cent or higher for an "A."	1109

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

1110

(e) The overall score under the value-added progress	1111
dimension of a school district or building, for which the	1112
department shall use up to three years of value-added data as	1113
available.	1114

(f) The value-added progress dimension score for a school	1115
district or building disaggregated for each of the following	1116
subgroups: students identified as gifted in superior cognitive	1117
ability and specific academic ability fields under Chapter 3324.	1118
of the Revised Code, students with disabilities, and students	1119
whose performance places them in the lowest quintile for	1120
achievement on a statewide basis. Each subgroup shall be a	1121
separate graded measure.	1122

(g) Whether a school district or building is making progress	1123
in improving literacy in grades kindergarten through three, as	1124
determined using a method prescribed by the state board. The state	1125
board shall adopt rules to prescribe benchmarks and standards for	1126
assigning grades to districts and buildings for purposes of	1127
division (B)(1)(g) of this section. In adopting benchmarks for	1128
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	1129
this section, the state board shall determine progress made based	1130
on the reduction in the percentage of students scoring below grade	1131
level, or below proficient, compared from year to year on the	1132
reading and writing diagnostic assessments administered under	1133
section 3301.0715 of the Revised Code and the third grade English	1134
language arts assessment under section 3301.0710 of the Revised	1135
Code, as applicable. The state board shall designate for a "C"	1136
grade a value that is not lower than the statewide average value	1137
for this measure. No grade shall be issued under divisions	1138
(B)(1)(g) and (C)(1)(g) of this section for a district or building	1139
in which less than five per cent of students have scored below	1140
grade level on the diagnostic assessment administered to students	1141
in kindergarten under division (B)(1) of section 3313.608 of the	1142
Revised Code.	1143

(2) In addition to the graded measures in division (B)(1) of	1144
this section, the department shall include on a school district's	1145
or building's report card all of the following without an assigned	1146
letter grade:	1147

(a) The percentage of students enrolled in a district or	1148
building participating in advanced placement classes and the	1149
percentage of those students who received a score of three or	1150
better on advanced placement examinations;	1151

(b) The number of a district's or building's students who	1152
have earned at least three college credits through dual enrollment	1153
or advanced standing programs, such as the post-secondary	1154
enrollment options program under Chapter 3365. of the Revised Code	1155
and state-approved career-technical courses offered through dual	1156
enrollment or statewide articulation, that appear on a student's	1157
transcript or other official document, either of which is issued	1158
by the institution of higher education from which the student	1159
earned the college credit. The credits earned that are reported	1160
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1161
include any that are remedial or developmental and shall include	1162
those that count toward the curriculum requirements established	1163
for completion of a degree.	1164

(c) The percentage of students enrolled in a district or	1165
building who have taken a national standardized test used for	1166
college admission determinations and the percentage of those	1167
students who are determined to be remediation-free in accordance	1168
with standards adopted under division (F) of section 3345.061 of	1169
the Revised Code;	1170

(d) The percentage of the district's or the building's	1171
students who receive industry credentials. The state board shall	1172
adopt criteria for acceptable industry credentials.	1173

(e) The percentage of students enrolled in a district or	1174
building who are participating in an international baccalaureate	1175
program and the percentage of those students who receive a score	1176
of four or better on the international baccalaureate examinations.	1177

(f) The percentage of the district's or building's students	1178
who receive an honors diploma under division (B) of section	1179
3313.61 of the Revised Code.	1180

(3) Not later than December 31, 2013, the state board shall	1181
adopt rules in accordance with Chapter 119. of the Revised Code	1182
that prescribe the methods by which the performance measures under	1183
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1184
and assigned a letter grade, including performance benchmarks for	1185
each grade.	1186

At least forty-five days prior to the state board's adoption	1187
of rules to prescribe the methods by which the performance	1188
measures under division (B)(1) of this section shall be assessed	1189
and assigned a letter grade, the department shall conduct a public	1190
presentation before the standing committees of the house of	1191
representatives and the senate that consider education legislation	1192
describing such methods, including performance benchmarks.	1193

(4) There shall not be an overall letter grade for a school	1194
district or building for the 2013-2014 school year.	1195

(C)(1) For the 2014-2015 school year and each school year	1196
thereafter, the department shall issue grades as described in	1197
division (E) of this section for each of the following performance	1198
measures and an overall letter grade based on an aggregate of	1199
those measures:	1200

(a) Annual measurable objectives;

1201

(b) Performance index score for a school district or	1202
building. Grades shall be awarded as a percentage of the total	1203
possible points on the performance index system as created by the	1204
department. In adopting benchmarks for assigning letter grades	1205
under division (C)(1)(b) of this section, the state board shall	1206
designate ninety per cent or higher for an "A," at least seventy	1207
per cent but not more than eighty per cent for a "C," and less	1208
than fifty per cent for an "F."	1209

(c) The extent to which the school district or building meets	1210
each of the applicable performance indicators established by the	1211
state board under section 3302.03 of the Revised Code and the	1212
percentage of applicable performance indicators that have been	1213
achieved. In adopting benchmarks for assigning letter grades under	1214
division (C)(1)(c) of this section, the state board shall	1215
designate ninety per cent or higher for an "A."	1216

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

1217

(e) The overall score under the value-added progress	1218
dimension, or another measure of student academic progress if	1219
adopted by the state board, of a school district or building, for	1220
which the department shall use up to three years of value-added	1221
data as available.	1222

In adopting benchmarks for assigning letter grades for	1223
overall score on value-added progress dimension under division	1224
(C)(1)(e) of this section, the state board shall prohibit the	1225
assigning of a grade of "A" for that measure unless the district's	1226
or building's grade assigned for value-added progress dimension	1227
for all subgroups under division (C)(1)(f) of this section is a	1228
"B" or higher.	1229

For the metric prescribed by division (C)(1)(e) of this	1230
section, the state board may adopt a student academic progress	1231
measure to be used instead of the value-added progress dimension.	1232
If the state board adopts such a measure, it also shall prescribe	1233
a method for assigning letter grades for the new measure that is	1234
comparable to the method prescribed in division (A)(1)(e) of this	1235
section.	1236

(f) The value-added progress dimension score of a school	1237
district or building disaggregated for each of the following	1238
subgroups: students identified as gifted in superior cognitive	1239
ability and specific academic ability fields under Chapter 3324.	1240
of the Revised Code, students with disabilities, and students	1241
whose performance places them in the lowest quintile for	1242
achievement on a statewide basis, as determined by a method	1243
prescribed by the state board. Each subgroup shall be a separate	1244
graded measure.	1245

The state board may adopt student academic progress measures	1246
to be used instead of the value-added progress dimension. If the	1247
state board adopts such measures, it also shall prescribe a method	1248
for assigning letter grades for the new measures that is	1249
comparable to the method prescribed in division (A)(1)(e) of this	1250
section.	1251

(g) Whether a school district or building is making progress	1252
in improving literacy in grades kindergarten through three, as	1253
determined using a method prescribed by the state board. The state	1254
board shall adopt rules to prescribe benchmarks and standards for	1255
assigning grades to a district or building for purposes of	1256
division (C)(1)(g) of this section. The state board shall	1257
designate for a "C" grade a value that is not lower than the	1258
statewide average value for this measure. No grade shall be issued	1259
under division (C)(1)(g) of this section for a district or	1260
building in which less than five per cent of students have scored	1261
below grade level on the kindergarten diagnostic assessment under	1262
division (B)(1) of section 3313.608 of the Revised Code.	1263

(2) In addition to the graded measures in division (C)(1) of	1264
this section, the department shall include on a school district's	1265
or building's report card all of the following without an assigned	1266
letter grade:	1267

(a) The percentage of students enrolled in a district or	1268
building who have taken a national standardized test used for	1269
college admission determinations and the percentage of those	1270
students who are determined to be remediation-free in accordance	1271
with the standards adopted under division (F) of section 3345.061	1272
of the Revised Code;	1273

(b) The percentage of students enrolled in a district or	1274
building participating in advanced placement classes and the	1275
percentage of those students who received a score of three or	1276
better on advanced placement examinations;	1277

(c) The number of a district's or building's students who	1278
have earned at least three college credits through ~~dual enrollment~~	1279
advanced standing programs, such as the ~~post-secondary enrollment~~	1280
~~options~~college credit plus program under Chapter 3365. of the	1281
Revised Code and state-approved career-technical courses offered	1282
through dual enrollment or statewide articulation, that appear on	1283
a student's transcript or other official document, either of which	1284
is issued by the institution of higher education from which the	1285
student earned the college credit. The credits earned that are	1286
reported under divisions (B)(2)(b) and (C)(2)(c) of this section	1287
shall not include any that are remedial or developmental and shall	1288
include those that count toward the curriculum requirements	1289
established for completion of a degree.	1290

(d) The percentage of the district's or building's students	1291
who receive an honor's diploma under division (B) of section	1292
3313.61 of the Revised Code;	1293

(e) The percentage of the district's or building's students	1294
who receive industry credentials;	1295

(f) The percentage of students enrolled in a district or	1296
building who are participating in an international baccalaureate	1297
program and the percentage of those students who receive a score	1298
of four or better on the international baccalaureate examinations;	1299

(g) The results of the college and career-ready assessments	1300
administered under division (B)(1) of section 3301.0712 of the	1301
Revised Code.	1302

(3) The state board shall adopt rules pursuant to Chapter	1303
119. of the Revised Code that establish a method to assign an	1304
overall grade for a school district or school building for the	1305
2014-2015 school year and each school year thereafter. The rules	1306
shall group the performance measures in divisions (C)(1) and (2)	1307
of this section into the following components:	1308

(a) Gap closing, which shall include the performance measure	1309
in division (C)(1)(a) of this section;	1310

(b) Achievement, which shall include the performance measures	1311
in divisions (C)(1)(b) and (c) of this section;	1312

(c) Progress, which shall include the performance measures in	1313
divisions (C)(1)(e) and (f) of this section;	1314

(d) Graduation, which shall include the performance measure	1315
in division (C)(1)(d) of this section;	1316

(e) Kindergarten through third-grade literacy, which shall	1317
include the performance measure in division (C)(1)(g) of this	1318
section;	1319

(f) Prepared for success, which shall include the performance	1320
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1321
this section. The state board shall develop a method to determine	1322
a grade for the component in division (C)(3)(f) of this section	1323
using the performance measures in divisions (C)(2)(a), (b), (c),	1324
(d), (e), and (f) of this section. When available, the state board	1325
may incorporate the performance measure under division (C)(2)(g)	1326
of this section into the component under division (C)(3)(f) of	1327
this section. When determining the overall grade for the prepared	1328
for success component prescribed by division (C)(3)(f) of this	1329
section, no individual student shall be counted in more than one	1330
performance measure. However, if a student qualifies for more than	1331
one performance measure in the component, the state board may, in	1332
its method to determine a grade for the component, specify an	1333
additional weight for such a student that is not greater than or	1334
equal to 1.0. In determining the overall score under division	1335
(C)(3)(f) of this section, the state board shall ensure that the	1336
pool of students included in the performance measures aggregated	1337
under that division are all of the students included in the four-	1338
and five-year adjusted graduation cohort.	1339

In the rules adopted under division (C)(3) of this section,	1340
the state board shall adopt a method for determining a grade for	1341
each component in divisions (C)(3)(a) to (f) of this section. The	1342
state board also shall establish a method to assign an overall	1343
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1344
each component. The method the state board adopts for assigning an	1345
overall grade shall give equal weight to the components in	1346
divisions (C)(3)(b) and (c) of this section.	1347

At least forty-five days prior to the state board's adoption	1348
of rules to prescribe the methods for calculating the overall	1349
grade for the report card, as required by this division, the	1350
department shall conduct a public presentation before the standing	1351
committees of the house of representatives and the senate that	1352
consider education legislation describing the format for the	1353
report card, weights that will be assigned to the components of	1354
the overall grade, and the method for calculating the overall	1355
grade.	1356

(D) Not later than July 1, 2015, the state board shall	1357
develop a measure of student academic progress for high school	1358
students. Beginning with the report card for the 2015-2016 school	1359
year, each school district and applicable school building shall be	1360
assigned a separate letter grade for this measure and the	1361
district's or building's grade for that measure shall be included	1362
in determining the district's or building's overall letter grade.	1363
This measure shall be included within the measure prescribed in	1364
division (C)(3)(c) of this section in the calculation for the	1365
overall letter grade.	1366

(E) The letter grades assigned to a school district or	1367
building under this section shall be as follows:	1368

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

1369

(2) "B" for a district or school making above average	1370
progress;	1371

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

1372

(4) "D" for a district or school making below average	1373
progress;	1374

(5) "F" for a district or school failing to meet minimum	1375
progress.	1376

(F) When reporting data on student achievement and progress,	1377
the department shall disaggregate that data according to the	1378
following categories:	1379

(1) Performance of students by grade-level;

1380

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

1381

(3) Performance of students by gender;

1382

(4) Performance of students grouped by those who have been	1383
enrolled in a district or school for three or more years;	1384

(5) Performance of students grouped by those who have been	1385
enrolled in a district or school for more than one year and less	1386
than three years;	1387

(6) Performance of students grouped by those who have been	1388
enrolled in a district or school for one year or less;	1389

(7) Performance of students grouped by those who are	1390
economically disadvantaged;	1391

(8) Performance of students grouped by those who are enrolled	1392
in a conversion community school established under Chapter 3314.	1393
of the Revised Code;	1394

(9) Performance of students grouped by those who are	1395
classified as limited English proficient;	1396

(10) Performance of students grouped by those who have	1397
disabilities;	1398

(11) Performance of students grouped by those who are	1399
classified as migrants;	1400

(12) Performance of students grouped by those who are	1401
identified as gifted in superior cognitive ability and the	1402
specific academic ability fields of reading and math pursuant to	1403
Chapter 3324. of the Revised Code. In disaggregating specific	1404
academic ability fields for gifted students, the department shall	1405
use data for those students with specific academic ability in math	1406
and reading. If any other academic field is assessed, the	1407
department shall also include data for students with specific	1408
academic ability in that field as well.	1409

(13) Performance of students grouped by those who perform in	1410
the lowest quintile for achievement on a statewide basis, as	1411
determined by a method prescribed by the state board.	1412

The department may disaggregate data on student performance	1413
according to other categories that the department determines are	1414
appropriate. To the extent possible, the department shall	1415
disaggregate data on student performance according to any	1416
combinations of two or more of the categories listed in divisions	1417
(F)(1) to (13) of this section that it deems relevant.	1418

In reporting data pursuant to division (F) of this section,	1419
the department shall not include in the report cards any data	1420
statistical in nature that is statistically unreliable or that	1421
could result in the identification of individual students. For	1422
this purpose, the department shall not report student performance	1423
data for any group identified in division (F) of this section that	1424
contains less than ten students. If the department does not report	1425
student performance data for a group because it contains less than	1426
ten students, the department shall indicate on the report card	1427
that is why data was not reported.	1428

(G) The department may include with the report cards any	1429
additional education and fiscal performance data it deems	1430
valuable.	1431

(H) The department shall include on each report card a list	1432
of additional information collected by the department that is	1433
available regarding the district or building for which the report	1434
card is issued. When available, such additional information shall	1435
include student mobility data disaggregated by race and	1436
socioeconomic status, college enrollment data, and the reports	1437
prepared under section 3302.031 of the Revised Code.	1438

The department shall maintain a site on the world wide web.	1439
The report card shall include the address of the site and shall	1440
specify that such additional information is available to the	1441
public at that site. The department shall also provide a copy of	1442
each item on the list to the superintendent of each school	1443
district. The district superintendent shall provide a copy of any	1444
item on the list to anyone who requests it.	1445

(I) Division (I) of this section does not apply to conversion	1446
community schools that primarily enroll students between sixteen	1447
and twenty-two years of age who dropped out of high school or are	1448
at risk of dropping out of high school due to poor attendance,	1449
disciplinary problems, or suspensions.	1450

(1) For any district that sponsors a conversion community	1451
school under Chapter 3314. of the Revised Code, the department	1452
shall combine data regarding the academic performance of students	1453
enrolled in the community school with comparable data from the	1454
schools of the district for the purpose of determining the	1455
performance of the district as a whole on the report card issued	1456
for the district under this section or section 3302.033 of the	1457
Revised Code.	1458

(2) Any district that leases a building to a community school	1459
located in the district or that enters into an agreement with a	1460
community school located in the district whereby the district and	1461
the school endorse each other's programs may elect to have data	1462
regarding the academic performance of students enrolled in the	1463
community school combined with comparable data from the schools of	1464
the district for the purpose of determining the performance of the	1465
district as a whole on the district report card. Any district that	1466
so elects shall annually file a copy of the lease or agreement	1467
with the department.	1468

(3) Any municipal school district, as defined in section	1469
3311.71 of the Revised Code, that sponsors a community school	1470
located within the district's territory, or that enters into an	1471
agreement with a community school located within the district's	1472
territory whereby the district and the community school endorse	1473
each other's programs, may exercise either or both of the	1474
following elections:	1475

(a) To have data regarding the academic performance of	1476
students enrolled in that community school combined with	1477
comparable data from the schools of the district for the purpose	1478
of determining the performance of the district as a whole on the	1479
district's report card;	1480

(b) To have the number of students attending that community	1481
school noted separately on the district's report card.	1482

The election authorized under division (I)(3)(a) of this	1483
section is subject to approval by the governing authority of the	1484
community school.	1485

Any municipal school district that exercises an election to	1486
combine or include data under division (I)(3) of this section, by	1487
the first day of October of each year, shall file with the	1488
department documentation indicating eligibility for that election,	1489
as required by the department.	1490

(J) The department shall include on each report card the	1491
percentage of teachers in the district or building who are highly	1492
qualified, as defined by the "No Child Left Behind Act of 2001,"	1493
and a comparison of that percentage with the percentages of such	1494
teachers in similar districts and buildings.	1495

(K)(1) In calculating English language arts, mathematics,	1496
social studies, or science assessment passage rates used to	1497
determine school district or building performance under this	1498
section, the department shall include all students taking an	1499
assessment with accommodation or to whom an alternate assessment	1500
is administered pursuant to division (C)(1) or (3) of section	1501
3301.0711 of the Revised Code.	1502

(2) In calculating performance index scores, rates of	1503
achievement on the performance indicators established by the state	1504
board under section 3302.02 of the Revised Code, and annual	1505
measurable objectives for determining adequate yearly progress for	1506
school districts and buildings under this section, the department	1507
shall do all of the following:	1508

(a) Include for each district or building only those students	1509
who are included in the ADM certified for the first full school	1510
week of October and are continuously enrolled in the district or	1511
building through the time of the spring administration of any	1512
assessment prescribed by division (A)(1) or (B)(1) of section	1513
3301.0710 of the Revised Code that is administered to the	1514
student's grade level;	1515

(b) Include cumulative totals from both the fall and spring	1516
administrations of the third grade English language arts	1517
achievement assessment;	1518

(c) Except as required by the "No Child Left Behind Act of	1519
2001," exclude for each district or building any limited English	1520
proficient student who has been enrolled in United States schools	1521
for less than one full school year.	1522

(L) Beginning with the 2015-2016 school year and at least	1523
once every three years thereafter, the state board of education	1524
shall review and may adjust the benchmarks for assigning letter	1525
grades to the performance measures and components prescribed under	1526
divisions (C)(3) and (D) of this section.	1527

Sec. 3302.10. (A) ~~Beginning July 1, 2007, the superintendent~~	1528
~~of public instruction shall establish an academic distress~~	1529
~~commission for each~~(1) Subject to division (A)(2) of this	1530
section, any school district that meets any combination of the	1531
following conditions for two of the three ~~or more consecutive~~most	1532
recent years shall be subject to the establishment of an academic	1533
distress commission:	1534

~~(1)~~(a) The district has been declared to be in a state of	1535
academic emergency under section 3302.03 of the Revised Code, as	1536
that section existed prior to ~~the effective date of this amendment~~	1537
March 22, 2013, and has failed to make adequate yearly progress;.	1538

~~(2)~~(b) The district has received a grade of "F" for the	1539
performance index score and a grade of "D" or "F" for the	1540
value-added progress dimension of section 3302.03 of the Revised	1541
Code;for the 2013-2014 school year.	1542

~~(3)~~(c) The district has received an overall grade of "F"	1543
under division (C)~~(2) or a grade of "F" for the value-added~~	1544
~~progress dimension under division (C)(1)(e)~~(3) of section 3302.03	1545
of the Revised Code;	1546

~~(4) At least fifty per cent of the schools operated by the~~	1547
~~district have received an overall grade of "D" or "F" under~~	1548
~~division (C)(3) of section 3302.03 of the Revised Code~~.	1549

(d) The district's academic performance makes it subject to	1550
the most severe level of state intervention as specified by the	1551
most recent "Elementary and Secondary Education Act" waiver issued	1552
to the state by the United States department of education.	1553

(2) A school district that meets any of the conditions	1554
prescribed in division (A)(1) of this section but has received on	1555
the report card issued for the most recent school year a grade of	1556
"A" or "B" on at least two components prescribed under division	1557
(C)(3) of section 3302.03 of the Revised Code shall not be subject	1558
to the establishment of an academic distress commission for the	1559
following school year.	1560

(B) Each commission shall assist the district for which it	1561
was established in improving the district's academic performance.	1562

Each commission is a body both corporate and politic,	1563
constituting an agency and instrumentality of the state and	1564
performing essential governmental functions of the state. A	1565
commission shall be known as the "academic distress commission for	1566
............... (name of school district)," and, in that name, may	1567
exercise all authority vested in such a commission by this	1568
section. A separate commission shall be established for each	1569
school district to which this division applies.	1570

~~(B)~~(C) Each academic distress commission shall consist of	1571
five voting members, three of whom shall be appointed by the	1572
superintendent of public instruction and two of whom shall be	1573
residents of the applicable school district appointed by the	1574
president of the district board of education. When a school	1575
district becomes subject to this section, the superintendent of	1576
public instruction shall provide written notification of that fact	1577
to the district board of education and shall request the president	1578
of the district board to submit to the superintendent of public	1579
instruction, in writing, the names of the president's appointees	1580
to the commission. The superintendent of public instruction and	1581
the president of the district board shall make appointments to the	1582
commission within thirty days after the district is notified that	1583
it is subject to this section.	1584

Members of the commission shall serve at the pleasure of	1585
their appointing authority during the life of the commission. In	1586
the event of the death, resignation, incapacity, removal, or	1587
ineligibility to serve of a member, the appointing authority shall	1588
appoint a successor within fifteen days after the vacancy occurs.	1589
Members shall serve without compensation, but shall be paid by the	1590
commission their necessary and actual expenses incurred while	1591
engaged in the business of the commission.	1592

~~(C)~~(D) Immediately after appointment of the initial members	1593
of an academic distress commission, the superintendent of public	1594
instruction shall call the first meeting of the commission and	1595
shall cause written notice of the time, date, and place of that	1596
meeting to be given to each member of the commission at least	1597
forty-eight hours in advance of the meeting. The first meeting	1598
shall include an overview of the commission's roles and	1599
responsibilities, the requirements of section 2921.42 and Chapter	1600
102. of the Revised Code as they pertain to commission members,	1601
the requirements of section 121.22 of the Revised Code, and the	1602
provisions of division ~~(F)~~(H) of this section. At its first	1603
meeting, the commission shall adopt temporary bylaws in accordance	1604
with division ~~(D)~~(F) of this section to govern its operations	1605
until the adoption of permanent bylaws.	1606

(E) The superintendent of public instruction shall designate	1607
a chairperson for the commission from among the members appointed	1608
by the superintendent. The chairperson shall call and conduct	1609
meetings, set meeting agendas, and serve as a liaison between the	1610
commission and the district board of education. The chairperson	1611
also shall appoint a secretary, who shall not be a member of the	1612
commission.	1613

The department of education shall provide administrative	1614
support for the commission, provide data requested by the	1615
commission, and inform the commission of available state resources	1616
that could assist the commission in its work.	1617

~~(D)~~(F) Each academic distress commission may adopt and alter	1618
bylaws and rules, which shall not be subject to section 111.15 or	1619
Chapter 119. of the Revised Code, for the conduct of its affairs	1620
and for the manner, subject to this section, in which its powers	1621
and functions shall be exercised and embodied.	1622

~~(E)~~(G) Three members of an academic distress commission	1623
constitute a quorum of the commission. The affirmative vote of	1624
three members of the commission is necessary for any action taken	1625
by vote of the commission. No vacancy in the membership of the	1626
commission shall impair the rights of a quorum by such vote to	1627
exercise all the rights and perform all the duties of the	1628
commission. Members of the commission are not disqualified from	1629
voting by reason of the functions of any other office they hold	1630
and are not disqualified from exercising the functions of the	1631
other office with respect to the school district, its officers, or	1632
the commission.	1633

~~(F)~~(H) The members of an academic distress commission, the	1634
superintendent of public instruction, and any person authorized to	1635
act on behalf of or assist them shall not be personally liable or	1636
subject to any suit, judgment, or claim for damages resulting from	1637
the exercise of or failure to exercise the powers, duties, and	1638
functions granted to them in regard to their functioning under	1639
this section, but the commission, superintendent of public	1640
instruction, and such other persons shall be subject to mandamus	1641
proceedings to compel performance of their duties under this	1642
section.	1643

~~(G)~~(I) Each member of an academic distress commission shall	1644
file the statement described in section 102.02 of the Revised Code	1645
with the Ohio ethics commission. The statement shall be	1646
confidential, subject to review, as described in division (B) of	1647
that section.	1648

~~(H)~~(J) Meetings of each academic distress commission shall be	1649
subject to section 121.22 of the Revised Code.	1650

~~(I)~~(K)(1) Within one hundred twenty days after the first	1651
meeting of an academic distress commission, the commission shall	1652
adopt an academic recovery plan to improve academic performance in	1653
the school district. The plan shall address academic problems at	1654
both the district and school levels. The plan shall include the	1655
following:	1656

(a) Short-term and long-term actions to be taken to improve	1657
the district's academic performance, including any actions	1658
required by section 3302.04 or 3302.041 of the Revised Code;	1659

(b) The sequence and timing of the actions described in	1660
division ~~(I)~~(K)(1)(a) of this section and the persons responsible	1661
for implementing the actions;	1662

(c) Resources that will be applied toward improvement	1663
efforts;	1664

(d) Procedures for monitoring and evaluating improvement	1665
efforts;	1666

(e) Requirements for reporting to the commission and the	1667
district board of education on the status of improvement efforts.	1668

(2) The commission may amend the academic recovery plan	1669
subsequent to adoption. The commission shall update the plan at	1670
least annually.	1671

(3) The commission shall submit the academic recovery plan it	1672
adopts or updates to the superintendent of public instruction for	1673
approval immediately following its adoption or updating. The	1674
superintendent shall evaluate the plan and either approve or	1675
disapprove it within thirty days after its submission. If the plan	1676
is disapproved, the superintendent shall recommend modifications	1677
that will render it acceptable. No academic distress commission	1678
shall implement an academic recovery plan unless the	1679
superintendent has approved it.	1680

(4) County, state, and school district officers and employees	1681
shall assist the commission diligently and promptly in the	1682
implementation of the academic recovery plan.	1683

~~(J)~~(L) Each academic distress commission shall seek input	1684
from the district board of education regarding ways to improve the	1685
district's academic performance, but any decision of the	1686
commission related to any authority granted to the commission	1687
under this section shall be final.	1688

The commission may do any of the following:

1689

(1) Appoint school building administrators and reassign	1690
administrative personnel;	1691

(2) Terminate the contracts of administrators or	1692
administrative personnel. The commission shall not be required to	1693
comply with section 3319.16 of the Revised Code with respect to	1694
any contract terminated under this division.	1695

(3) Contract with a private entity to perform school or	1696
district management functions;	1697

(4) Establish a budget for the district and approve district	1698
appropriations and expenditures, unless a financial planning and	1699
supervision commission has been established for the district	1700
pursuant to section 3316.05 of the Revised Code.	1701

~~(K)~~(M) If the board of education of a district for which an	1702
academic distress commission has been established under this	1703
section renews any collective bargaining agreement under Chapter	1704
4117. of the Revised Code during the existence of the commission,	1705
the district board shall not enter into any agreement that would	1706
render any decision of the commission unenforceable. Section	1707
3302.08 of the Revised Code does not apply to this division.	1708

Notwithstanding any provision to the contrary in Chapter	1709
4117. of the Revised Code, if the board of education has entered	1710
into a collective bargaining agreement after September 29, 2005,	1711
that contains stipulations relinquishing one or more of the rights	1712
or responsibilities listed in division (C) of section 4117.08 of	1713
the Revised Code, those stipulations are not enforceable and the	1714
district board shall resume holding those rights or	1715
responsibilities as if it had not relinquished them in that	1716
agreement until such time as both the academic distress commission	1717
ceases to exist and the district board agrees to relinquish those	1718
rights or responsibilities in a new collective bargaining	1719
agreement. The provisions of this paragraph apply to a collective	1720
bargaining agreement entered into after September 29, 2005, and	1721
those provisions are deemed to be part of that agreement	1722
regardless of whether the district satisfied the conditions	1723
prescribed in division (A) of this section at the time the	1724
district entered into that agreement.	1725

~~(L)~~(N)(1) An academic distress commission shall cease to	1726
exist when the district for which it was established ~~receives a~~	1727
~~performance rating of in need of continuous improvement or better,~~	1728
~~under section 3302.03 of the Revised Code as that section existed~~	1729
~~prior to the effective date of this amendment, or a~~has received,	1730
on two of the three most recent report cards, any combination of	1731
the following:	1732

(a) A grade of "C" or better for both the performance index	1733
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the	1734
value-added progress dimension under division (A)(1)(e),	1735
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code ~~for~~	1736
~~two of the three prior school years; however, the~~;	1737

(b) An overall grade of "C" or better under division (C)(3)	1738
of section 3302.03 of the Revised Code;	1739

(c) A level of academic performance such that the school	1740
district is no longer subject to the most severe level of state	1741
intervention as described in division (A)(1)(d) of this section.	1742

(2) The superintendent of public instruction may dissolve the	1743
commission earlier than as prescribed by division (N)(1) of this	1744
section if the superintendent determines that the district can	1745
perform adequately without the supervision of the commission. Upon	1746
termination of the commission, the department of education shall	1747
compile a final report of the commission's activities to assist	1748
other academic distress commissions in the conduct of their	1749
functions.	1750

Sec. 3313.372. (A) As used in this section, "energy	1751
conservation measure" means an installation or modification of an	1752
installation in, or remodeling of, a building, to reduce energy	1753
consumption. It includes:	1754

(1) Insulation of the building structure and systems within	1755
the building;	1756

(2) Storm windows and doors, multiglazed windows and doors,	1757
heat absorbing or heat reflective glazed and coated window and	1758
door systems, additional glazing, reductions in glass area, and	1759
other window and door system modifications that reduce energy	1760
consumption;	1761

(3) Automatic energy control systems;

1762

(4) Heating, ventilating, or air conditioning system	1763
modifications or replacements;	1764

(5) Caulking and weatherstripping;

1765

(6) Replacement or modification of lighting fixtures to	1766
increase the energy efficiency of the system without increasing	1767
the overall illumination of a facility, unless such increase in	1768
illumination is necessary to conform to the applicable state or	1769
local building code for the proposed lighting system;	1770

(7) Energy recovery systems;

1771

(8) Cogeneration systems that produce steam or forms of	1772
energy such as heat, as well as electricity, for use primarily	1773
within a building or complex of buildings;	1774

(9) Any other modification, installation, or remodeling	1775
approved by the Ohio school facilities commission as an energy	1776
conservation measure.	1777

(B) A board of education of a city, exempted village, local,	1778
or joint vocational school district may enter into an installment	1779
payment contract for the purchase and installation of energy	1780
conservation measures. The provisions of such installment payment	1781
contracts dealing with interest charges and financing terms shall	1782
not be subject to the competitive bidding requirements of section	1783
3313.46 of the Revised Code, and shall be on the following terms:	1784

(1) Not less than one-fifteenth of the costs thereof shall be	1785
paid within two years from the date of purchase.	1786

(2) The remaining balance of the costs thereof shall be paid	1787
within fifteen years from the date of purchase.	1788

The provisions of any installment payment contract entered	1789
into pursuant to this section shall provide that all payments,	1790
except payments for repairs and obligations on termination of the	1791
contract prior to its expiration, ~~be stated as a percentage of~~	1792
shall not exceed the calculated energy, water, or waste water cost	1793
savings, avoided operating costs, and avoided capital costs	1794
attributable to the one or more measures over a defined period of	1795
time. Those payments shall be made only to the extent that the	1796
savings described in this division actually occur. The contractor	1797
shall warrant and guarantee that the energy conservation measures	1798
shall realize guaranteed savings and shall be responsible to pay	1799
an amount equal to any savings shortfall.	1800

An installment payment contract entered into by a board of	1801
education under this section shall require the board to contract	1802
in accordance with division (A) of section 3313.46 of the Revised	1803
Code for the installation, modification, or remodeling of energy	1804
conservation measures unless division (A) of section 3313.46 of	1805
the Revised Code does not apply pursuant to division (B)(3) of	1806
that section, in which case the contract shall be awarded through	1807
a competitive selection process pursuant to rules adopted by the	1808
school facilities commission.	1809

An installment payment contract entered into by a board of	1810
education under this section may include services for measurement	1811
and verification of energy savings associated with the guarantee.	1812
The annual cost of measurement and verification services shall not	1813
exceed ten per cent of the guaranteed savings in any year of the	1814
installment payment contract.	1815

(C) The board may issue the notes of the school district	1816
signed by the president and the treasurer of the board and	1817
specifying the terms of the purchase and securing the deferred	1818
payments provided in this section, payable at the times provided	1819
and bearing interest at a rate not exceeding the rate determined	1820
as provided in section 9.95 of the Revised Code. The notes may	1821
contain an option for prepayment and shall not be subject to	1822
Chapter 133. of the Revised Code. In the resolution authorizing	1823
the notes, the board may provide, without the vote of the electors	1824
of the district, for annually levying and collecting taxes in	1825
amounts sufficient to pay the interest on and retire the notes,	1826
except that the total net indebtedness of the district without a	1827
vote of the electors incurred under this and all other sections of	1828
the Revised Code, except section 3318.052 of the Revised Code,	1829
shall not exceed one per cent of the district's tax valuation.	1830
Revenues derived from local taxes or otherwise, for the purpose of	1831
conserving energy or for defraying the current operating expenses	1832
of the district, may be applied to the payment of interest and the	1833
retirement of such notes. The notes may be sold at private sale or	1834
given to the contractor under the installment payment contract	1835
authorized by division (B) of this section.	1836

(D) Debt incurred under this section shall not be included in	1837
the calculation of the net indebtedness of a school district under	1838
section 133.06 of the Revised Code.	1839

(E) No school district board shall enter into an installment	1840
payment contract under division (B) of this section unless it	1841
first obtains a report of the costs of the energy conservation	1842
measures and the savings thereof as described under division (G)	1843
of section 133.06 of the Revised Code as a requirement for issuing	1844
energy securities, makes a finding that the amount spent on such	1845
measures is not likely to exceed the amount of money it would save	1846
in energy costs and resultant operational and maintenance costs as	1847
described in that division, except that that finding shall cover	1848
the ensuing fifteen years, and the ~~Ohio~~ school facilities	1849
commission determines that the district board's findings are	1850
reasonable and approves the contract as described in that	1851
division.	1852

The district board shall monitor the savings and maintain a	1853
report of those savings, which shall be submitted to the	1854
commission in the same manner as required by division (G) of	1855
section 133.06 of the Revised Code in the case of energy	1856
securities.	1857

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

1858

(1) "One unit" means a minimum of one hundred twenty hours of	1859
course instruction, except that for a laboratory course, "one	1860
unit" means a minimum of one hundred fifty hours of course	1861
instruction.	1862

(2) "One-half unit" means a minimum of sixty hours of course	1863
instruction, except that for physical education courses, "one-half	1864
unit" means a minimum of one hundred twenty hours of course	1865
instruction.	1866

(B) Beginning September 15, 2001, except as required in	1867
division (C) of this section and division (C) of section 3313.614	1868
of the Revised Code, the requirements for graduation from every	1869
high school shall include twenty units earned in grades nine	1870
through twelve and shall be distributed as follows:	1871

(1) English language arts, four units;

1872

(2) Health, one-half unit;

1873

(3) Mathematics, three units;

1874

(4) Physical education, one-half unit;

1875

(5) Science, two units until September 15, 2003, and three	1876
units thereafter, which at all times shall include both of the	1877
following:	1878

(a) Biological sciences, one unit;

1879

(b) Physical sciences, one unit.

1880

(6) History and government, one unit, which shall comply with	1881
division (M) of this section and shall include both of the	1882
following:	1883

(a) American history, one-half unit;

1884

(b) American government, one-half unit.

1885

(7) Social studies, two units.

1886

(8) Elective units, seven units until September 15, 2003, and	1887
six units thereafter.	1888

Each student's electives shall include at least one unit, or	1889
two half units, chosen from among the areas of	1890
business/technology, fine arts, and/or foreign language.	1891

(C) Beginning with students who enter ninth grade for the	1892
first time on or after July 1, 2010, except as provided in	1893
divisions (D) to (F) of this section, the requirements for	1894
graduation from every public and chartered nonpublic high school	1895
shall include twenty units that are designed to prepare students	1896
for the workforce and college. The units shall be distributed as	1897
follows:	1898

(1) English language arts, four units;

1899

(2) Health, one-half unit, which shall include instruction in	1900
nutrition and the benefits of nutritious foods and physical	1901
activity for overall health;	1902

(3) Mathematics, four units, which shall include one unit of	1903
algebra II or the equivalent of algebra II;	1904

(4) Physical education, one-half unit;

1905

(5) Science, three units with inquiry-based laboratory	1906
experience that engages students in asking valid scientific	1907
questions and gathering and analyzing information, which shall	1908
include the following, or their equivalent:	1909

(a) Physical sciences, one unit;

1910

(b) Life sciences, one unit;

1911

(c) Advanced study in one or more of the following sciences,	1912
one unit:	1913

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

1914

(ii) Advanced biology or other life science;

1915

(iii) Astronomy, physical geology, or other earth or space	1916
science.	1917

(6) History and government, one unit, which shall comply with	1918
division (M) of this section and shall include both of the	1919
following:	1920

(a) American history, one-half unit;

1921

(b) American government, one-half unit.

1922

(7) Social studies, two units.

1923

Each school shall integrate the study of economics and	1924
financial literacy, as expressed in the social studies academic	1925
content standards adopted by the state board of education under	1926
division (A)(1) of section 3301.079 of the Revised Code and the	1927
academic content standards for financial literacy and	1928
entrepreneurship adopted under division (A)(2) of that section,	1929
into one or more existing social studies credits required under	1930
division (C)(7) of this section, or into the content of another	1931
class, so that every high school student receives instruction in	1932
those concepts. In developing the curriculum required by this	1933
paragraph, schools shall use available public-private partnerships	1934
and resources and materials that exist in business, industry, and	1935
through the centers for economics education at institutions of	1936
higher education in the state.	1937

(8) Five units consisting of one or any combination of	1938
foreign language, fine arts, business, career-technical education,	1939
family and consumer sciences, technology, agricultural education,	1940
a junior reserve officer training corps (JROTC) program approved	1941
by the congress of the United States under title 10 of the United	1942
States Code, or English language arts, mathematics, science, or	1943
social studies courses not otherwise required under division (C)	1944
of this section.	1945

Ohioans must be prepared to apply increased knowledge and	1946
skills in the workplace and to adapt their knowledge and skills	1947
quickly to meet the rapidly changing conditions of the	1948
twenty-first century. National studies indicate that all high	1949
school graduates need the same academic foundation, regardless of	1950
the opportunities they pursue after graduation. The goal of Ohio's	1951
system of elementary and secondary education is to prepare all	1952
students for and seamlessly connect all students to success in	1953
life beyond high school graduation, regardless of whether the next	1954
step is entering the workforce, beginning an apprenticeship,	1955
engaging in post-secondary training, serving in the military, or	1956
pursuing a college degree.	1957

The Ohio core curriculum is the standard expectation for all	1958
students entering ninth grade for the first time at a public or	1959
chartered nonpublic high school on or after July 1, 2010. A	1960
student may satisfy this expectation through a variety of methods,	1961
including, but not limited to, integrated, applied,	1962
career-technical, and traditional coursework.	1963

Whereas teacher quality is essential for student success in	1964
completing the Ohio core curriculum, the general assembly shall	1965
appropriate funds for strategic initiatives designed to strengthen	1966
schools' capacities to hire and retain highly qualified teachers	1967
in the subject areas required by the curriculum. Such initiatives	1968
are expected to require an investment of $120,000,000 over five	1969
years.	1970

Stronger coordination between high schools and institutions	1971
of higher education is necessary to prepare students for more	1972
challenging academic endeavors and to lessen the need for academic	1973
remediation in college, thereby reducing the costs of higher	1974
education for Ohio's students, families, and the state. The state	1975
board and the chancellor of the Ohio board of regents shall	1976
develop policies to ensure that only in rare instances will	1977
students who complete the Ohio core curriculum require academic	1978
remediation after high school.	1979

School districts, community schools, and chartered nonpublic	1980
schools shall integrate technology into learning experiences	1981
across the curriculum in order to maximize efficiency, enhance	1982
learning, and prepare students for success in the	1983
technology-driven twenty-first century. Districts and schools	1984
shall use distance and web-based course delivery as a method of	1985
providing or augmenting all instruction required under this	1986
division, including laboratory experience in science. Districts	1987
and schools shall utilize technology access and electronic	1988
learning opportunities provided by the broadcast educational media	1989
commission, chancellor, the Ohio learning network, education	1990
technology centers, public television stations, and other public	1991
and private providers.	1992

(D) Except as provided in division (E) of this section, a	1993
student who enters ninth grade on or after July 1, 2010, and	1994
before July 1, ~~2014~~2016, may qualify for graduation from a public	1995
or chartered nonpublic high school even though the student has not	1996
completed the Ohio core curriculum prescribed in division (C) of	1997
this section if all of the following conditions are satisfied:	1998

(1) After the student has attended high school for two years,	1999
as determined by the school, the student and the student's parent,	2000
guardian, or custodian sign and file with the school a written	2001
statement asserting the parent's, guardian's, or custodian's	2002
consent to the student's graduating without completing the Ohio	2003
core curriculum and acknowledging that one consequence of not	2004
completing the Ohio core curriculum is ineligibility to enroll in	2005
most state universities in Ohio without further coursework.	2006

(2) The student and parent, guardian, or custodian fulfill	2007
any procedural requirements the school stipulates to ensure the	2008
student's and parent's, guardian's, or custodian's informed	2009
consent and to facilitate orderly filing of statements under	2010
division (D)(1) of this section.	2011

(3) The student and the student's parent, guardian, or	2012
custodian and a representative of the student's high school	2013
jointly develop ~~an individual career~~a student success plan for	2014
the student under division (C)(1) of section 3313.6015 of the	2015
Revised Code that specifies the student matriculating to a	2016
two-year degree program, acquiring a business and industry	2017
credential, or entering an apprenticeship.	2018

(4) The student's high school provides counseling and support	2019
for the student related to the plan developed under division	2020
(D)(3) of this section during the remainder of the student's high	2021
school experience.	2022

(5) The student successfully completes, at a minimum, the	2023
curriculum prescribed in division (B) of this section.	2024

The department of education, in collaboration with the	2025
chancellor, shall analyze student performance data to determine if	2026
there are mitigating factors that warrant extending the exception	2027
permitted by division (D) of this section to high school classes	2028
beyond those entering ninth grade before July 1, ~~2014~~2016. The	2029
department shall submit its findings and any recommendations not	2030
later than August 1, ~~2014~~2016, to the speaker and minority leader	2031
of the house of representatives, the president and minority leader	2032
of the senate, the chairpersons and ranking minority members of	2033
the standing committees of the house of representatives and the	2034
senate that consider education legislation, the state board of	2035
education, and the superintendent of public instruction.	2036

(E) Each school district and chartered nonpublic school	2037
retains the authority to require an even more rigorous minimum	2038
curriculum for high school graduation than specified in division	2039
(B) or (C) of this section. A school district board of education,	2040
through the adoption of a resolution, or the governing authority	2041
of a chartered nonpublic school may stipulate any of the	2042
following:	2043

(1) A minimum high school curriculum that requires more than	2044
twenty units of academic credit to graduate;	2045

(2) An exception to the district's or school's minimum high	2046
school curriculum that is comparable to the exception provided in	2047
division (D) of this section but with additional requirements,	2048
which may include a requirement that the student successfully	2049
complete more than the minimum curriculum prescribed in division	2050
(B) of this section;	2051

(3) That no exception comparable to that provided in division	2052
(D) of this section is available.	2053

(F) A student enrolled in a dropout prevention and recovery	2054
program, which program has received a waiver from the department,	2055
may qualify for graduation from high school by successfully	2056
completing a competency-based instructional program administered	2057
by the dropout prevention and recovery program in lieu of	2058
completing the Ohio core curriculum prescribed in division (C) of	2059
this section. The department shall grant a waiver to a dropout	2060
prevention and recovery program, within sixty days after the	2061
program applies for the waiver, if the program meets all of the	2062
following conditions:	2063

(1) The program serves only students not younger than sixteen	2064
years of age and not older than twenty-one years of age.	2065

(2) The program enrolls students who, at the time of their	2066
initial enrollment, either, or both, are at least one grade level	2067
behind their cohort age groups or experience crises that	2068
significantly interfere with their academic progress such that	2069
they are prevented from continuing their traditional programs.	2070

(3) The program requires students to attain at least the	2071
applicable score designated for each of the assessments prescribed	2072
under division (B)(1) of section 3301.0710 of the Revised Code or,	2073
to the extent prescribed by rule of the state board under division	2074
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	2075
of that section.	2076

(4) The program develops ~~an individual career~~a student	2077
success plan for the student under division (C)(1) of section	2078
3313.6015 of the Revised Code that specifies the student's	2079
matriculating to a two-year degree program, acquiring a business	2080
and industry credential, or entering an apprenticeship.	2081

(5) The program provides counseling and support for the	2082
student related to the plan developed under division (F)(4) of	2083
this section during the remainder of the student's high school	2084
experience.	2085

(6) The program requires the student and the student's	2086
parent, guardian, or custodian to sign and file, in accordance	2087
with procedural requirements stipulated by the program, a written	2088
statement asserting the parent's, guardian's, or custodian's	2089
consent to the student's graduating without completing the Ohio	2090
core curriculum and acknowledging that one consequence of not	2091
completing the Ohio core curriculum is ineligibility to enroll in	2092
most state universities in Ohio without further coursework.	2093

(7) Prior to receiving the waiver, the program has submitted	2094
to the department an instructional plan that demonstrates how the	2095
academic content standards adopted by the state board under	2096
section 3301.079 of the Revised Code will be taught and assessed.	2097

(8) Prior to receiving the waiver, the program has submitted	2098
to the department a policy on career advising that satisfies the	2099
requirements of section 3313.6015 of the Revised Code, with an	2100
emphasis on how every student will receive career advising.	2101

(9) Prior to receiving the waiver, the program has submitted	2102
to the department a written agreement outlining the future	2103
cooperation between the program and any combination of local job	2104
training, postsecondary education, nonprofit, and health and	2105
social service organizations to provide services for students in	2106
the program and their families.	2107

Divisions (F)(8) and (9) of this section apply only to	2108
waivers granted on or after the effective date of this amendment.	2109

If the department does not act either to grant the waiver or	2110
to reject the program application for the waiver within sixty days	2111
as required under this section, the waiver shall be considered to	2112
be granted.	2113

(G) Every high school may permit students below the ninth	2114
grade to take advanced work. If a high school so permits, it shall	2115
award high school credit for successful completion of the advanced	2116
work and shall count such advanced work toward the graduation	2117
requirements of division (B) or (C) of this section if the	2118
advanced work was both:	2119

(1) Taught by a person who possesses a license or certificate	2120
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	2121
Code that is valid for teaching high school;	2122

(2) Designated by the board of education of the city, local,	2123
or exempted village school district, the board of the cooperative	2124
education school district, or the governing authority of the	2125
chartered nonpublic school as meeting the high school curriculum	2126
requirements.	2127

Each high school shall record on the student's high school	2128
transcript all high school credit awarded under division (G) of	2129
this section. In addition, if the student completed a seventh- or	2130
eighth-grade fine arts course described in division (K) of this	2131
section and the course qualified for high school credit under that	2132
division, the high school shall record that course on the	2133
student's high school transcript.	2134

(H) The department shall make its individual academic career	2135
plan available through its Ohio career information system web site	2136
for districts and schools to use as a tool for communicating with	2137
and providing guidance to students and families in selecting high	2138
school courses.	2139

(I) Units earned in English language arts, mathematics,	2140
science, and social studies that are delivered through integrated	2141
academic and career-technical instruction are eligible to meet the	2142
graduation requirements of division (B) or (C) of this section.	2143

(J) The state board, in consultation with the chancellor,	2144
shall adopt a statewide plan implementing methods for students to	2145
earn units of high school credit based on a demonstration of	2146
subject area competency, instead of or in combination with	2147
completing hours of classroom instruction. The state board shall	2148
adopt the plan not later than March 31, 2009, and commence phasing	2149
in the plan during the 2009-2010 school year. The plan shall	2150
include a standard method for recording demonstrated proficiency	2151
on high school transcripts. Each school district and community	2152
school shall comply with the state board's plan adopted under this	2153
division and award units of high school credit in accordance with	2154
the plan. The state board may adopt existing methods for earning	2155
high school credit based on a demonstration of subject area	2156
competency as necessary prior to the 2009-2010 school year.	2157

(K) This division does not apply to students who qualify for	2158
graduation from high school under division (D) or (F) of this	2159
section, or to students pursuing a career-technical instructional	2160
track as determined by the school district board of education or	2161
the chartered nonpublic school's governing authority.	2162
Nevertheless, the general assembly encourages such students to	2163
consider enrolling in a fine arts course as an elective.	2164

Beginning with students who enter ninth grade for the first	2165
time on or after July 1, 2010, each student enrolled in a public	2166
or chartered nonpublic high school shall complete two semesters or	2167
the equivalent of fine arts to graduate from high school. The	2168
coursework may be completed in any of grades seven to twelve. Each	2169
student who completes a fine arts course in grade seven or eight	2170
may elect to count that course toward the five units of electives	2171
required for graduation under division (C)(8) of this section, if	2172
the course satisfied the requirements of division (G) of this	2173
section. In that case, the high school shall award the student	2174
high school credit for the course and count the course toward the	2175
five units required under division (C)(8) of this section. If the	2176
course in grade seven or eight did not satisfy the requirements of	2177
division (G) of this section, the high school shall not award the	2178
student high school credit for the course but shall count the	2179
course toward the two semesters or the equivalent of fine arts	2180
required by this division.	2181

(L) Notwithstanding anything to the contrary in this section,	2182
the board of education of each school district and the governing	2183
authority of each chartered nonpublic school may adopt a policy to	2184
excuse from the high school physical education requirement each	2185
student who, during high school, has participated in	2186
interscholastic athletics, marching band, or cheerleading for at	2187
least two full seasons or in the junior reserve officer training	2188
corps for at least two full school years. If the board or	2189
authority adopts such a policy, the board or authority shall not	2190
require the student to complete any physical education course as a	2191
condition to graduate. However, the student shall be required to	2192
complete one-half unit, consisting of at least sixty hours of	2193
instruction, in another course of study. In the case of a student	2194
who has participated in the junior reserve officer training corps	2195
for at least two full school years, credit received for that	2196
participation may be used to satisfy the requirement to complete	2197
one-half unit in another course of study.	2198

(M) It is important that high school students learn and	2199
understand United States history and the governments of both the	2200
United States and the state of Ohio. Therefore, beginning with	2201
students who enter ninth grade for the first time on or after July	2202
1, 2012, the study of American history and American government	2203
required by divisions (B)(6) and (C)(6) of this section shall	2204
include the study of all of the following documents:	2205

(1) The Declaration of Independence;

2206

(2) The Northwest Ordinance;

2207

(3) The Constitution of the United States with emphasis on	2208
the Bill of Rights;	2209

(4) The Ohio Constitution.

2210

The study of each of the documents prescribed in divisions	2211
(M)(1) to (4) of this section shall include study of that document	2212
in its original context.	2213

The study of American history and government required by	2214
divisions (B)(6) and (C)(6) of this section shall include the	2215
historical evidence of the role of documents such as the	2216
Federalist Papers and the Anti-Federalist Papers to firmly	2217
establish the historical background leading to the establishment	2218
of the provisions of the Constitution and Bill of Rights.	2219

Sec. 3313.6013. (A) As used in this section, "~~dual enrollment~~	2220
advanced standing program" means a program that enables a student	2221
to earn credit toward a degree from an institution of higher	2222
education while enrolled in high school or that enables a student	2223
to complete coursework while enrolled in high school that may earn	2224
credit toward a degree from an institution of higher education	2225
upon the student's attainment of a specified score on an	2226
examination covering the coursework. ~~Dual enrollment~~Advanced	2227
standing programs may include any of the following:	2228

(1) The ~~post-secondary enrollment options~~college credit plus	2229
program established under Chapter 3365. of the Revised Code;	2230

(2) Advanced placement courses;

2231

(3) ~~Any similar program established pursuant to an agreement~~	2232
~~between a school district or chartered nonpublic high school and~~	2233
~~an institution of higher education~~International baccalaureate	2234
diploma courses;	2235

(4) Early college high ~~schools~~school programs.

2236

(B) Each city, local, exempted village, and joint vocational	2237
school district and each chartered nonpublic high school shall	2238
provide students enrolled in grades nine through twelve with the	2239
opportunity to participate in ~~a dual enrollment~~an advanced	2240
standing program. For this purpose, each school district and	2241
chartered nonpublic high school shall offer at least one ~~dual~~	2242
~~enrollment~~advanced standing program in accordance with division	2243
(B)(1) or (2) of this section, as applicable.	2244

(1) A city, local, or exempted village school district meets	2245
the requirements of this division through its mandatory	2246
participation in the ~~post-secondary enrollment options~~college	2247
credit plus program established under Chapter 3365. of the Revised	2248
Code. However, a city, local, or exempted village school district	2249
may offer any other ~~dual enrollment~~advanced standing program, in	2250
addition to the ~~post-secondary enrollment options~~college credit	2251
plus program, and each joint vocational school district shall	2252
offer at least one other ~~dual enrollment~~advanced standing	2253
program, to students in good standing, as defined by the	2254
partnership for continued learning under section 3301.42 of the	2255
Revised Code as it existed prior to October 16, 2009, or as	2256
subsequently defined by the department of education.	2257

(2) A chartered nonpublic high school that elects to	2258
participate in the ~~post-secondary enrollment options~~college	2259
credit plus program established under Chapter 3365. of the Revised	2260
Code meets the requirements of this division. Each chartered	2261
nonpublic high school that elects not to participate in the	2262
~~post-secondary enrollment options~~college credit plus program	2263
instead shall offer at least one other ~~dual enrollment~~advanced	2264
standing program to students in good standing, as defined by the	2265
partnership for continued learning under section 3301.42 of the	2266
Revised Code as it existed prior to October 16, 2009, or as	2267
subsequently defined by the department of education.	2268

(C) Each school district and each chartered nonpublic high	2269
school shall provide information about the ~~dual enrollment~~	2270
advanced standing programs offered by the district or school to	2271
all students enrolled in grades eight through eleven.	2272

(D) NoExcept for the college credit plus program as	2273
described in division (A)(1) of this section, no city, local,	2274
exempted village, and joint vocational school district shall	2275
charge an enrolled student an additional fee or tuition for	2276
participation in any ~~dual enrollment~~advanced standing program	2277
offered by the district. Students may be required to pay the costs	2278
associated with taking an advanced placement or international	2279
baccalaureate examination.	2280

(E) Any agreement between a school district or school and an	2281
associated college, as defined in section 3365.10 of the Revised	2282
Code, governing the operation of an early college high school	2283
program shall be subject to the requirements of the college credit	2284
plus program, with the following exceptions:	2285

(1) Any aspect of the agreement that does not relate to the	2286
conferral of transcripted credit, as defined in section 3365.01 of	2287
the Revised Code, shall not be subject to the requirements of the	2288
college credit plus program.	2289

(2) If the early college high school program began operating	2290
prior to July 1, 2014, the agreement shall not be subject to the	2291
requirements of the college credit plus program until the later of	2292
the date on which the existing agreement expires or July 1, 2015.	2293

(3) If the district, school, or associated college obtains a	2294
waiver for the agreement under section 3365.10 of the Revised	2295
Code, the agreement shall not be subject to the requirements of	2296
the college credit plus program.	2297

(4) If the district, school, or associated college operating	2298
the early college high school program was granted an award under	2299
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly	2300
for the 2014-2015 school year, as the lead applicant on the grant	2301
or as part of a consortium, for a project involving the	2302
establishment or expansion of an early college high school, the	2303
agreement shall not be subject to the requirements of the college	2304
credit plus program during the period of time for which the	2305
project is funded by the grant award under that section.	2306

The college credit plus program shall not govern any advanced	2307
placement course or international baccalaureate diploma course as	2308
described under this section.	2309

(F) As used in this section, "early college high school	2310
program" means a program operated by a school district or school	2311
and an associated college, as defined in section 3365.10 of the	2312
Revised Code, that provides a personalized learning plan, which is	2313
based on accelerated curriculum and includes both high school and	2314
college-level coursework, and enables the following students to	2315
earn a high school diploma and an associate degree, or the	2316
equivalent number of transcripted credits, upon successful	2317
completion of the program:	2318

(1) Students who are underrepresented in regard to completing	2319
post-secondary education;	2320

(2) Students who are economically disadvantaged, as defined	2321
by the department of education;	2322

(3) Students whose parents did not earn a college degree.

2323

Sec. 3313.6015. (A)(1) Beginning in the 2014-2015 school	2324
year, the board of education of each city, local, exempted	2325
village, and joint vocational school district shall adopt a policy	2326
on career advising that complies with this section. Thereafter,	2327
the policy shall be updated at least once every two years.	2328

(2) The board shall make the policy publicly available to	2329
students, parents, guardians, or custodians, local post-secondary	2330
institutions, and residents of the district. The district shall	2331
post the policy in a prominent location on its web site, if it has	2332
one.	2333

(B) The policy on career advising shall specify how the	2334
district will do all of the following:	2335

(1) Provide students with grade-level examples that link	2336
their schoolwork to one or more career fields. A district may use	2337
career connections developed under division (B)(2) of section	2338
3301.079 of the Revised Code for this purpose.	2339

(2) Create a plan to provide career advising to students in	2340
grades six through twelve;	2341

(3) Provide additional interventions and career advising for	2342
students who are identified as at risk of dropping out of school	2343
in accordance with division (C) of this section;	2344

(4) Train its employees on how to advise students on career	2345
pathways, including training on advising students using online	2346
tools;	2347

(5) Develop multiple, clear academic pathways through high	2348
school that students may choose in order to earn a high school	2349
diploma;	2350

(6) Identify and publicize courses that can award students	2351
both traditional academic and career-technical credit;	2352

(7) Document the career advising provided to each student for	2353
review by the student, the student's parent, guardian, or	2354
custodian, and future schools that the student may attend. A	2355
district shall not otherwise release this information without the	2356
written consent of the student's parent, guardian, or custodian,	2357
if the student is less than eighteen years old, or the written	2358
consent of the student, if the student is at least eighteen years	2359
old.	2360

(8) Prepare students for their transition from high school to	2361
their post-secondary destinations, including any special	2362
interventions that are necessary for students in need of	2363
remediation in mathematics or English language arts.	2364

(C)(1) Each district shall identify students who are at risk	2365
of dropping out of school using a method that is both	2366
research-based and locally-based. If a student is identified as at	2367
risk of dropping out of school, the district shall develop a	2368
student success plan that addresses the student's academic pathway	2369
to a successful graduation and the role of career-technical	2370
education, competency-based education, and experiential learning,	2371
as appropriate, in that pathway.	2372

(2) Prior to developing a student success plan for a student,	2373
the district shall invite the student's parent, guardian, or	2374
custodian to assist in developing the plan. If the student's	2375
parent, guardian, or custodian does not participate in the	2376
development of the plan, the district shall provide to the parent,	2377
guardian, or custodian a copy of the student's success plan and a	2378
statement of the importance of a high school diploma and the	2379
academic pathways available to the student in order to	2380
successfully graduate.	2381

(3) Following the development of a student success plan for a	2382
student, the district shall provide career advising to the student	2383
that is aligned with the plan and the district's plan to provide	2384
career advising created under division (B)(2) of this section.	2385

(D) Not later than September 30, 2014, the department of	2386
education shall develop and post on its web site model policies on	2387
career advising and model student success plans.	2388

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	2389
the department of education shall administer a pilot program	2390
requiring daily physical activity for students. Any school	2391
district; community school established under Chapter 3314. of the	2392
Revised Code; science, technology, engineering, and mathematics	2393
school established under Chapter 3326. of the Revised Code; or	2394
chartered nonpublic school annually may elect to participate in	2395
the pilot program by notifying the department of its interest by a	2396
date established by the department. If a school district elects to	2397
participate in the pilot program, the district shall select one or	2398
more school buildings to participate in the program. To the	2399
maximum extent possible, the department shall seek to include in	2400
the pilot program districts and schools that are located in urban,	2401
suburban, and rural areas distributed geographically throughout	2402
the state. The department shall administer the pilot program in	2403
accordance with this section.	2404

(B) Except as provided in division (C) of this section, each	2405
district or school participating in the pilot program shall	2406
require all students in the school building selected under	2407
division (A) of this section to engage in at least thirty minutes	2408
of moderate to rigorous physical activity each school day or at	2409
least one hundred fifty minutes of moderate to rigorous physical	2410
activity each week, exclusive of recess. Physical activity engaged	2411
in during the following may count toward the daily requirement:	2412

(1) A physical education course;

2413

(2) A program or activity occurring before or after the	2414
regular school day, as defined in section 3313.814 of the Revised	2415
Code, that is sponsored or approved by the school of attendance,	2416
provided school officials are able to monitor students'	2417
participation to ensure compliance with the requirement.	2418

(C) None of the following shall be subject to the requirement	2419
of division (B) of this section:	2420

(1) Any student enrolled in the ~~post-secondary enrollment~~	2421
~~options~~college credit plus program established under Chapter	2422
3365. of the Revised Code;	2423

(2) Any student enrolled in a career-technical education	2424
program operated by the district or school;	2425

(3) Any student enrolled in a dropout prevention and recovery	2426
program operated by the district or school.	2427

(D) For any period in which a student is participating in	2428
interscholastic athletics, marching band, cheerleading, or a	2429
junior reserve officer training corps program, the district or	2430
school may excuse the student from the requirement of division (B)	2431
of this section.	2432

(E) The district or school may excuse any kindergarten	2433
student who is not enrolled in all-day kindergarten, as defined in	2434
section 3321.05 of the Revised Code, from the requirement of	2435
division (B) of this section.	2436

(F) Each district or school annually shall report to the	2437
department, in the manner prescribed by the department, how the	2438
district or school implemented the thirty minutes of daily	2439
physical activity and the financial costs of implementation. The	2440
department shall issue an annual report of the data collected	2441
under this division.	2442

Sec. 3313.90. As used in this section, "formula ADM" has the	2443
same meaning as in section 3317.02 of the Revised Code.	2444
Notwithstanding division (D) of section 3311.19 and division (D)	2445
of section 3311.52 of the Revised Code, the provisions of this	2446
section that apply to a city school district do not apply to any	2447
joint vocational or cooperative education school district.	2448

(A) ~~Each~~Except as provided in division (B) of this section,	2449
each city, local, and exempted village school district shall, by	2450
one of the following means, provide ~~vocational~~to students	2451
enrolled in grades seven through twelve career-technical education	2452
adequate to prepare a ~~pupil~~student enrolled therein for an	2453
occupation:	2454

(1) Establishing and maintaining a ~~vocational~~	2455
career-technical education program that meets standards adopted by	2456
the state board of education;	2457

(2) Being a member of a joint vocational school district that	2458
meets standards adopted by the state board;	2459

(3) Contracting for ~~vocational~~career-technical education	2460
with a joint vocational school district or another school district	2461
that meets the standards adopted by the state board.	2462

The standards of the state board of education shall include	2463
criteria for the participation by nonpublic students in ~~vocational~~	2464
career-technical education programs without financial assessment,	2465
charge, or tuition to such student except such assessments,	2466
charges, or tuition paid by resident public school students in	2467
such programs. Such nonpublic school students shall be included in	2468
the formula ADM of the school district maintaining the ~~vocational~~	2469
career-technical education program as part-time students in	2470
proportion to the time spent in the ~~vocational~~career-technical	2471
education program.	2472

By the thirtieth day of October of each year, the	2473
superintendent of public instruction shall determine and certify	2474
to the superintendent of each school district subject to this	2475
section either that the district is in compliance with the	2476
requirements of this section for the current school year or that	2477
the district is not in compliance. If the superintendent certifies	2478
that the district is not in compliance, he shall notify the board	2479
of education of the district of the actions necessary to bring the	2480
district into compliance with this section.	2481

In meeting standards established by the state board of	2482
education, school districts, where practicable, shall provide	2483
~~vocational~~career-technical education programs in high schools. A	2484
minimum enrollment of fifteen hundred ~~pupils~~students in grades	2485
nine through twelve is established as a base for comprehensive	2486
~~vocational~~career-technical education course offerings. Beginning	2487
with the 2014-2015 school year, this base shall increase to a	2488
minimum enrollment of two thousand two hundred fifty students in	2489
grades seven through twelve. A school district may meet this	2490
requirement alone, through a cooperative arrangement pursuant to	2491
section 3313.92 of the Revised Code, through school district	2492
consolidation, by membership in a joint vocational school	2493
district, by contract with a school district, by contract with a	2494
school licensed by any state agency established by the Revised	2495
Code which school operates its courses offered for contracting	2496
with public schools under standards as to staffing and facilities	2497
comparable to those prescribed by the state board of education for	2498
public schools provided no instructor in such courses shall be	2499
required to be certificated by the state department of education,	2500
or in a combination of such ways. Exceptions to the minimum	2501
~~requirement of fifteen hundred pupils~~enrollment prescribed by	2502
this section may be made by the state board of education based on	2503
sparsity of population or other factors indicating that	2504
comprehensive educational and ~~vocational~~career-technical	2505
education programs as required by this section can be provided	2506
through an alternate plan.	2507

(B) ~~Approval of state funds for the construction and~~	2508
~~operation of vocational facilities in any city, local, or exempted~~	2509
~~village school district shall be contingent upon a comprehensive~~	2510
~~vocational program plan approved by the state board of education~~	2511
~~no later than July 1, 1970. The state board of education shall not~~	2512
~~approve a school district plan unless the plan proposed reasonably~~	2513
~~meets the vocational needs of other school districts in the~~	2514
~~general area of the school districts in the general area of the~~	2515
~~school district submitting the plan. The plan shall be submitted~~	2516
~~to the state board of education no later than April 1, 1970. Such~~	2517
~~plan shall contain:~~	2518

~~(1) The organization for vocational education pursuant to the~~	2519
~~requirements of this section;~~	2520

~~(2) Vocational programs to be offered in the respective~~	2521
~~comprehensive high schools, in specialized schools or skill~~	2522
~~centers, and in joint vocational schools;~~	2523

~~(3) Remodeled, additional, and new vocational facilities~~	2524
~~required at the respective locations.~~	2525

~~In approving the organization for vocational education the~~	2526
~~state board of education shall provide that no city, local, or~~	2527
~~exempted village school district is excluded in the statewide plan~~	2528
For any particular school year, the board of education of a city,	2529
local, or exempted village school district may obtain from the	2530
department a waiver from the requirement to provide	2531
career-technical education to students enrolled in grades seven	2532
and eight by doing both of the following:	2533

(1) Adopting, at a regularly scheduled board meeting, a	2534
resolution to request the waiver;	2535

(2) Submitting a copy of the resolution to the department by	2536
the thirtieth day of September of the school year for which	2537
career-technical education will not be provided to students	2538
enrolled in grades seven and eight.	2539

Sec. 3314.08. (A) As used in this section:

2540

(1)(a) "Category one career-technical education student"	2541
means a student who is receiving the career-technical education	2542
services described in division (A) of section 3317.014 of the	2543
Revised Code.	2544

(b) "Category two career-technical student" means a student	2545
who is receiving the career-technical education services described	2546
in division (B) of section 3317.014 of the Revised Code.	2547

(c) "Category three career-technical student" means a student	2548
who is receiving the career-technical education services described	2549
in division (C) of section 3317.014 of the Revised Code.	2550

(d) "Category four career-technical student" means a student	2551
who is receiving the career-technical education services described	2552
in division (D) of section 3317.014 of the Revised Code.	2553

(e) "Category five career-technical education student" means	2554
a student who is receiving the career-technical education services	2555
described in division (E) of section 3317.014 of the Revised Code.	2556

(2)(a) "Category one limited English proficient student"	2557
means a limited English proficient student described in division	2558
(A) of section 3317.016 of the Revised Code.	2559

(b) "Category two limited English proficient student" means a	2560
limited English proficient student described in division (B) of	2561
section 3317.016 of the Revised Code.	2562

(c) "Category three limited English proficient student" means	2563
a limited English proficient student described in division (C) of	2564
section 3317.016 of the Revised Code.	2565

(3)(a) "Category one special education student" means a	2566
student who is receiving special education services for a	2567
disability specified in division (A) of section 3317.013 of the	2568
Revised Code.	2569

(b) "Category two special education student" means a student	2570
who is receiving special education services for a disability	2571
specified in division (B) of section 3317.013 of the Revised Code.	2572

(c) "Category three special education student" means a	2573
student who is receiving special education services for a	2574
disability specified in division (C) of section 3317.013 of the	2575
Revised Code.	2576

(d) "Category four special education student" means a student	2577
who is receiving special education services for a disability	2578
specified in division (D) of section 3317.013 of the Revised Code.	2579

(e) "Category five special education student" means a student	2580
who is receiving special education services for a disability	2581
specified in division (E) of section 3317.013 of the Revised Code.	2582

(f) "Category six special education student" means a student	2583
who is receiving special education services for a disability	2584
specified in division (F) of section 3317.013 of the Revised Code.	2585

(4) "Formula amount" has the same meaning as in section	2586
3317.02 of the Revised Code.	2587

(5) "IEP" has the same meaning as in section 3323.01 of the	2588
Revised Code.	2589

(6) "Resident district" means the school district in which a	2590
student is entitled to attend school under section 3313.64 or	2591
3313.65 of the Revised Code.	2592

(7) "State education aid" has the same meaning as in section	2593
5751.20 of the Revised Code.	2594

(B) The state board of education shall adopt rules requiring	2595
both of the following:	2596

(1) The board of education of each city, exempted village,	2597
and local school district to annually report the number of	2598
students entitled to attend school in the district who are	2599
enrolled in each grade kindergarten through twelve in a community	2600
school established under this chapter, and for each child, the	2601
community school in which the child is enrolled.	2602

(2) The governing authority of each community school	2603
established under this chapter to annually report all of the	2604
following:	2605

(a) The number of students enrolled in grades one through	2606
twelve and the full-time equivalent number of students enrolled in	2607
kindergarten in the school who are not receiving special education	2608
and related services pursuant to an IEP;	2609

(b) The number of enrolled students in grades one through	2610
twelve and the full-time equivalent number of enrolled students in	2611
kindergarten, who are receiving special education and related	2612
services pursuant to an IEP;	2613

(c) The number of students reported under division (B)(2)(b)	2614
of this section receiving special education and related services	2615
pursuant to an IEP for a disability described in each of divisions	2616
(A) to (F) of section 3317.013 of the Revised Code;	2617

(d) The full-time equivalent number of students reported	2618
under divisions (B)(2)(a) and (b) of this section who are enrolled	2619
in career-technical education programs or classes described in	2620
each of divisions (A) to (E) of section 3317.014 of the Revised	2621
Code that are provided by the community school;	2622

(e) Twenty per cent of the number of students reported under	2623
divisions (B)(2)(a) and (b) of this section who are not reported	2624
under division (B)(2)(d) of this section but who are enrolled in	2625
career-technical education programs or classes described in each	2626
of divisions (A) to (E) of section 3317.014 of the Revised Code at	2627
a joint vocational school district or another district in the	2628
career-technical planning district to which the school is	2629
assigned;	2630

(f) The number of students reported under divisions (B)(2)(a)	2631
and (b) of this section who are category one to three limited	2632
English proficient students described in each of divisions (A) to	2633
(C) of section 3317.016 of the Revised Code;	2634

(g) The number of students reported under divisions (B)(2)(a)	2635
and (b) who are economically disadvantaged, as defined by the	2636
department. A student shall not be categorically excluded from the	2637
number reported under division (B)(2)(g) of this section based on	2638
anything other than family income.	2639

(h) For each student, the city, exempted village, or local	2640
school district in which the student is entitled to attend school	2641
under section 3313.64 or 3313.65 of the Revised Code.	2642

A school district board and a community school governing	2643
authority shall include in their respective reports under division	2644
(B) of this section any child admitted in accordance with division	2645
(A)(2) of section 3321.01 of the Revised Code.	2646

A governing authority of a community school shall not include	2647
in its report under division (B)(2) of this section any student	2648
for whom tuition is charged under division (F) of this section.	2649

(C)(1) Except as provided in division (C)(2) of this section,	2650
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	2651
section, on a full-time equivalency basis, for each student	2652
enrolled in a community school established under this chapter, the	2653
department of education annually shall deduct from the state	2654
education aid of a student's resident district and, if necessary,	2655
from the payment made to the district under sections 321.24 and	2656
323.156 of the Revised Code and pay to the community school the	2657
sum of the following:	2658

(a) An opportunity grant in an amount equal to the formula	2659
amount;	2660

(b) The per pupil amount of targeted assistance funds	2661
calculated under division (A) of section 3317.0217 of the Revised	2662
Code for the student's resident district, as determined by the	2663
department, X 0.25;	2664

(c) Additional state aid for special education and related	2665
services provided under Chapter 3323. of the Revised Code as	2666
follows:	2667

(i) If the student is a category one special education	2668
student, the amount specified in division (A) of section 3317.013	2669
of the Revised Code;	2670

(ii) If the student is a category two special education	2671
student, the amount specified in division (B) of section 3317.013	2672
of the Revised Code;	2673

(iii) If the student is a category three special education	2674
student, the amount specified in division (C) of section 3317.013	2675
of the Revised Code;	2676

(iv) If the student is a category four special education	2677
student, the amount specified in division (D) of section 3317.013	2678
of the Revised Code;	2679

(v) If the student is a category five special education	2680
student, the amount specified in division (E) of section 3317.013	2681
of the Revised Code;	2682

(vi) If the student is a category six special education	2683
student, the amount specified in division (F) of section 3317.013	2684
of the Revised Code.	2685

(d) If the student is in kindergarten through third grade, an	2686
additional amount of $211, in fiscal year 2014, and $290, in	2687
fiscal year 2015;	2688

(e) If the student is economically disadvantaged, an	2689
additional amount equal to the following:	2690

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	2691
(the resident district's economically disadvantaged index)	2692

(f) Limited English proficiency funds as follows:

2693

(i) If the student is a category one limited English	2694
proficient student, the amount specified in division (A) of	2695
section 3317.016 of the Revised Code;	2696

(ii) If the student is a category two limited English	2697
proficient student, the amount specified in division (B) of	2698
section 3317.016 of the Revised Code;	2699

(iii) If the student is a category three limited English	2700
proficient student, the amount specified in division (C) of	2701
section 3317.016 of the Revised Code.	2702

(g) Career-technical education funds as follows:

2703

(i) If the student is a category one career-technical	2704
education student, the amount specified in division (A) of section	2705
3317.014 of the Revised Code;	2706

(ii) If the student is a category two career-technical	2707
education student, the amount specified in division (B) of section	2708
3317.014 of the Revised Code;	2709

(iii) If the student is a category three career-technical	2710
education student, the amount specified in division (C) of section	2711
3317.014 of the Revised Code;	2712

(iv) If the student is a category four career-technical	2713
education student, the amount specified in division (D) of section	2714
3317.014 of the Revised Code;	2715

(v) If the student is a category five career-technical	2716
education student, the amount specified in division (E) of section	2717
3317.014 of the Revised Code.	2718

Deduction and payment of funds under division (C)(1)(g) of	2719
this section is subject to approval by the lead district of a	2720
career-technical planning district or the department of education	2721
under section 3317.161 of the Revised Code.	2722

(2) When deducting from the state education aid of a	2723
student's resident district for students enrolled in an internet-	2724
or computer-based community school and making payments to such	2725
school under this section, the department shall make the	2726
deductions and payments described in only divisions (C)(1)(a),	2727
(c), and (g) of this section.	2728

No deductions or payments shall be made for a student	2729
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	2730
of this section.	2731

(3)(a) If a community school's costs for a fiscal year for a	2732
student receiving special education and related services pursuant	2733
to an IEP for a disability described in divisions (B) to (F) of	2734
section 3317.013 of the Revised Code exceed the threshold	2735
catastrophic cost for serving the student as specified in division	2736
(B) of section 3317.0214 of the Revised Code, the school may	2737
submit to the superintendent of public instruction documentation,	2738
as prescribed by the superintendent, of all its costs for that	2739
student. Upon submission of documentation for a student of the	2740
type and in the manner prescribed, the department shall pay to the	2741
community school an amount equal to the school's costs for the	2742
student in excess of the threshold catastrophic costs.	2743

(b) The community school shall report under division	2744
(C)(3)(a) of this section, and the department shall pay for, only	2745
the costs of educational expenses and the related services	2746
provided to the student in accordance with the student's	2747
individualized education program. Any legal fees, court costs, or	2748
other costs associated with any cause of action relating to the	2749
student may not be included in the amount.	2750

(4) In any fiscal year, a community school receiving funds	2751
under division (C)(1)(g) of this section shall spend those funds	2752
only for the purposes that the department designates as approved	2753
for career-technical education expenses. Career-technical	2754
~~educational~~education expenses approved by the department shall	2755
include only expenses connected to the delivery of	2756
career-technical programming to career-technical students. The	2757
department shall require the school to report data annually so	2758
that the department may monitor the school's compliance with the	2759
requirements regarding the manner in which funding received under	2760
division (C)(1)(g) of this section may be spent.	2761

(5) All funds received under division (C)(1)(g) of this	2762
section shall be spent in the following manner:	2763

(a) At least seventy-five per cent of the funds shall be	2764
spent on curriculum development, purchase, and implementation;	2765
instructional resources and supplies; industry-based program	2766
certification; student assessment, credentialing, and placement;	2767
curriculum specific equipment purchases and leases;	2768
career-technical student organization fees and expenses; home and	2769
agency linkages; work-based learning experiences; professional	2770
development; and other costs directly associated with	2771
career-technical education programs including development of new	2772
programs.	2773

(b) Not more than twenty-five per cent of the funds shall be	2774
used for personnel expenditures.	2775

(6) A community school shall spend the funds it receives	2776
under division (C)(1)(e) of this section in accordance with	2777
section 3317.25 of the Revised Code.	2778

(7) If the sum of the payments computed under division (C)(1)	2779
of this section for the students entitled to attend school in a	2780
particular school district under sections 3313.64 and 3313.65 of	2781
the Revised Code exceeds the sum of that district's state	2782
education aid and its payment under sections 321.24 and 323.156 of	2783
the Revised Code, the department shall calculate and apply a	2784
proration factor to the payments to all community schools under	2785
that division for the students entitled to attend school in that	2786
district.	2787

(D) A board of education sponsoring a community school may	2788
utilize local funds to make enhancement grants to the school or	2789
may agree, either as part of the contract or separately, to	2790
provide any specific services to the community school at no cost	2791
to the school.	2792

(E) A community school may not levy taxes or issue bonds	2793
secured by tax revenues.	2794

(F) No community school shall charge tuition for the	2795
enrollment of any student who is a resident of this state. A	2796
community school may charge tuition for the enrollment of any	2797
student who is not a resident of this state.	2798

(G)(1)(a) A community school may borrow money to pay any	2799
necessary and actual expenses of the school in anticipation of the	2800
receipt of any portion of the payments to be received by the	2801
school pursuant to division (C) of this section. The school may	2802
issue notes to evidence such borrowing. The proceeds of the notes	2803
shall be used only for the purposes for which the anticipated	2804
receipts may be lawfully expended by the school.	2805

(b) A school may also borrow money for a term not to exceed	2806
fifteen years for the purpose of acquiring facilities.	2807

(2) Except for any amount guaranteed under section 3318.50 of	2808
the Revised Code, the state is not liable for debt incurred by the	2809
governing authority of a community school.	2810

(H) The department of education shall adjust the amounts	2811
subtracted and paid under division (C) of this section to reflect	2812
any enrollment of students in community schools for less than the	2813
equivalent of a full school year. The state board of education	2814
within ninety days after April 8, 2003, shall adopt in accordance	2815
with Chapter 119. of the Revised Code rules governing the payments	2816
to community schools under this section including initial payments	2817
in a school year and adjustments and reductions made in subsequent	2818
periodic payments to community schools and corresponding	2819
deductions from school district accounts as provided under	2820
division (C) of this section. For purposes of this section:	2821

(1) A student shall be considered enrolled in the community	2822
school for any portion of the school year the student is	2823
participating at a college under Chapter 3365. of the Revised	2824
Code.	2825

(2) A student shall be considered to be enrolled in a	2826
community school for the period of time beginning on the later of	2827
the date on which the school both has received documentation of	2828
the student's enrollment from a parent and the student has	2829
commenced participation in learning opportunities as defined in	2830
the contract with the sponsor, or thirty days prior to the date on	2831
which the student is entered into the education management	2832
information system established under section 3301.0714 of the	2833
Revised Code. For purposes of applying this division and divisions	2834
(H)(3) and (4) of this section to a community school student,	2835
"learning opportunities" shall be defined in the contract, which	2836
shall describe both classroom-based and non-classroom-based	2837
learning opportunities and shall be in compliance with criteria	2838
and documentation requirements for student participation which	2839
shall be established by the department. Any student's instruction	2840
time in non-classroom-based learning opportunities shall be	2841
certified by an employee of the community school. A student's	2842
enrollment shall be considered to cease on the date on which any	2843
of the following occur:	2844

(a) The community school receives documentation from a parent	2845
terminating enrollment of the student.	2846

(b) The community school is provided documentation of a	2847
student's enrollment in another public or private school.	2848

(c) The community school ceases to offer learning	2849
opportunities to the student pursuant to the terms of the contract	2850
with the sponsor or the operation of any provision of this	2851
chapter.	2852

Except as otherwise specified in this paragraph, beginning in	2853
the 2011-2012 school year, any student who completed the prior	2854
school year in an internet- or computer-based community school	2855
shall be considered to be enrolled in the same school in the	2856
subsequent school year until the student's enrollment has ceased	2857
as specified in division (H)(2) of this section. The department	2858
shall continue subtracting and paying amounts for the student	2859
under division (C) of this section without interruption at the	2860
start of the subsequent school year. However, if the student	2861
without a legitimate excuse fails to participate in the first one	2862
hundred five consecutive hours of learning opportunities offered	2863
to the student in that subsequent school year, the student shall	2864
be considered not to have re-enrolled in the school for that	2865
school year and the department shall recalculate the payments to	2866
the school for that school year to account for the fact that the	2867
student is not enrolled.	2868

(3) The department shall determine each community school	2869
student's percentage of full-time equivalency based on the	2870
percentage of learning opportunities offered by the community	2871
school to that student, reported either as number of hours or	2872
number of days, is of the total learning opportunities offered by	2873
the community school to a student who attends for the school's	2874
entire school year. However, no internet- or computer-based	2875
community school shall be credited for any time a student spends	2876
participating in learning opportunities beyond ten hours within	2877
any period of twenty-four consecutive hours. Whether it reports	2878
hours or days of learning opportunities, each community school	2879
shall offer not less than nine hundred twenty hours of learning	2880
opportunities during the school year.	2881

(4) With respect to the calculation of full-time equivalency	2882
under division (H)(3) of this section, the department shall waive	2883
the number of hours or days of learning opportunities not offered	2884
to a student because the community school was closed during the	2885
school year due to disease epidemic, hazardous weather conditions,	2886
law enforcement emergencies, inoperability of school buses or	2887
other equipment necessary to the school's operation, damage to a	2888
school building, or other temporary circumstances due to utility	2889
failure rendering the school building unfit for school use, so	2890
long as the school was actually open for instruction with students	2891
in attendance during that school year for not less than the	2892
minimum number of hours required by this chapter. The department	2893
shall treat the school as if it were open for instruction with	2894
students in attendance during the hours or days waived under this	2895
division.	2896

(I) The department of education shall reduce the amounts paid	2897
under this section to reflect payments made to colleges under	2898
~~division (B) of~~ section 3365.07 of the Revised Code ~~or through~~	2899
~~alternative funding agreements entered into under rules adopted~~	2900
~~under section 3365.12 of the Revised Code~~.	2901

(J)(1) No student shall be considered enrolled in any	2902
internet- or computer-based community school or, if applicable to	2903
the student, in any community school that is required to provide	2904
the student with a computer pursuant to division (C) of section	2905
3314.22 of the Revised Code, unless both of the following	2906
conditions are satisfied:	2907

(a) The student possesses or has been provided with all	2908
required hardware and software materials and all such materials	2909
are operational so that the student is capable of fully	2910
participating in the learning opportunities specified in the	2911
contract between the school and the school's sponsor as required	2912
by division (A)(23) of section 3314.03 of the Revised Code;	2913

(b) The school is in compliance with division (A) of section	2914
3314.22 of the Revised Code, relative to such student.	2915

(2) In accordance with policies adopted jointly by the	2916
superintendent of public instruction and the auditor of state, the	2917
department shall reduce the amounts otherwise payable under	2918
division (C) of this section to any community school that includes	2919
in its program the provision of computer hardware and software	2920
materials to any student, if such hardware and software materials	2921
have not been delivered, installed, and activated for each such	2922
student in a timely manner or other educational materials or	2923
services have not been provided according to the contract between	2924
the individual community school and its sponsor.	2925

The superintendent of public instruction and the auditor of	2926
state shall jointly establish a method for auditing any community	2927
school to which this division pertains to ensure compliance with	2928
this section.	2929

The superintendent, auditor of state, and the governor shall	2930
jointly make recommendations to the general assembly for	2931
legislative changes that may be required to assure fiscal and	2932
academic accountability for such schools.	2933

(K)(1) If the department determines that a review of a	2934
community school's enrollment is necessary, such review shall be	2935
completed and written notice of the findings shall be provided to	2936
the governing authority of the community school and its sponsor	2937
within ninety days of the end of the community school's fiscal	2938
year, unless extended for a period not to exceed thirty additional	2939
days for one of the following reasons:	2940

(a) The department and the community school mutually agree to	2941
the extension.	2942

(b) Delays in data submission caused by either a community	2943
school or its sponsor.	2944

(2) If the review results in a finding that additional	2945
funding is owed to the school, such payment shall be made within	2946
thirty days of the written notice. If the review results in a	2947
finding that the community school owes moneys to the state, the	2948
following procedure shall apply:	2949

(a) Within ten business days of the receipt of the notice of	2950
findings, the community school may appeal the department's	2951
determination to the state board of education or its designee.	2952

(b) The board or its designee shall conduct an informal	2953
hearing on the matter within thirty days of receipt of such an	2954
appeal and shall issue a decision within fifteen days of the	2955
conclusion of the hearing.	2956

(c) If the board has enlisted a designee to conduct the	2957
hearing, the designee shall certify its decision to the board. The	2958
board may accept the decision of the designee or may reject the	2959
decision of the designee and issue its own decision on the matter.	2960

(d) Any decision made by the board under this division is	2961
final.	2962

(3) If it is decided that the community school owes moneys to	2963
the state, the department shall deduct such amount from the	2964
school's future payments in accordance with guidelines issued by	2965
the superintendent of public instruction.	2966

(L) The department shall not subtract from a school	2967
district's state aid account and shall not pay to a community	2968
school under division (C) of this section any amount for any of	2969
the following:	2970

(1) Any student who has graduated from the twelfth grade of a	2971
public or nonpublic high school;	2972

(2) Any student who is not a resident of the state;

2973

(3) Any student who was enrolled in the community school	2974
during the previous school year when assessments were administered	2975
under section 3301.0711 of the Revised Code but did not take one	2976
or more of the assessments required by that section and was not	2977
excused pursuant to division (C)(1) or (3) of that section, unless	2978
the superintendent of public instruction grants the student a	2979
waiver from the requirement to take the assessment and a parent is	2980
not paying tuition for the student pursuant to section 3314.26 of	2981
the Revised Code. The superintendent may grant a waiver only for	2982
good cause in accordance with rules adopted by the state board of	2983
education.	2984

(4) Any student who has attained the age of twenty-two years,	2985
except for veterans of the armed services whose attendance was	2986
interrupted before completing the recognized twelve-year course of	2987
the public schools by reason of induction or enlistment in the	2988
armed forces and who apply for enrollment in a community school	2989
not later than four years after termination of war or their	2990
honorable discharge. If, however, any such veteran elects to	2991
enroll in special courses organized for veterans for whom tuition	2992
is paid under federal law, or otherwise, the department shall not	2993
subtract from a school district's state aid account and shall not	2994
pay to a community school under division (C) of this section any	2995
amount for that veteran.	2996

Sec. 3317.03. (A) The superintendent of each city, local,	2997
and exempted village school district shall report to the state	2998
board of education as of the last day of October, March, and June	2999
of each year the enrollment of students receiving services from	3000
schools under the superintendent's supervision, and the numbers of	3001
other students entitled to attend school in the district under	3002
section 3313.64 or 3313.65 of the Revised Code the superintendent	3003
is required to report under this section, so that the department	3004
of education can calculate the district's formula ADM, total ADM,	3005
category one through five career-technical education ADM, category	3006
one through three limited English proficient ADM, category one	3007
through six special education ADM, preschool scholarship ADM,	3008
transportation ADM, and, for purposes of provisions of law outside	3009
of Chapter 3317. of the Revised Code, average daily membership.	3010

(1) The enrollment reported by the superintendent during the	3011
reporting period shall consist of the number of students in grades	3012
kindergarten through twelve receiving any educational services	3013
from the district, except that the following categories of	3014
students shall not be included in the determination:	3015

(a) Students enrolled in adult education classes;

3016

(b) Adjacent or other district students enrolled in the	3017
district under an open enrollment policy pursuant to section	3018
3313.98 of the Revised Code;	3019

(c) Students receiving services in the district pursuant to a	3020
compact, cooperative education agreement, or a contract, but who	3021
are entitled to attend school in another district pursuant to	3022
section 3313.64 or 3313.65 of the Revised Code;	3023

(d) Students for whom tuition is payable pursuant to sections	3024
3317.081 and 3323.141 of the Revised Code;	3025

(e) Students receiving services in the district through a	3026
scholarship awarded under either section 3310.41 or sections	3027
3310.51 to 3310.64 of the Revised Code.	3028

When reporting students under division (A)(1) of this	3029
section, the superintendent also shall report the district where	3030
each student is entitled to attend school pursuant to sections	3031
3313.64 and 3313.65 of the Revised Code.	3032

(2) The department of education shall compile a list of all	3033
students reported to be enrolled in a district under division	3034
(A)(1) of this section and of the students entitled to attend	3035
school in the district pursuant to section 3313.64 or 3313.65 of	3036
the Revised Code on an FTE basis but receiving educational	3037
services in grades kindergarten through twelve from one or more of	3038
the following entities:	3039

(a) A community school pursuant to Chapter 3314. of the	3040
Revised Code, including any participation in a college pursuant to	3041
Chapter 3365. of the Revised Code while enrolled in such community	3042
school;	3043

(b) An alternative school pursuant to sections 3313.974 to	3044
3313.979 of the Revised Code as described in division (I)(2)(a) or	3045
(b) of this section;	3046

(c) A college pursuant to Chapter 3365. of the Revised Code,	3047
except when the student is enrolled in the college while also	3048
enrolled in a community school pursuant to Chapter 3314. or, a	3049
science, technology, engineering, and mathematics school	3050
established under Chapter 3326., or a college-preparatory boarding	3051
school established under Chapter 3328. of the Revised Code;	3052

(d) An adjacent or other school district under an open	3053
enrollment policy adopted pursuant to section 3313.98 of the	3054
Revised Code;	3055

(e) An educational service center or cooperative education	3056
district;	3057

(f) Another school district under a cooperative education	3058
agreement, compact, or contract;	3059

(g) A chartered nonpublic school with a scholarship paid	3060
under section 3310.08 of the Revised Code, if the students	3061
qualified for the scholarship under section 3310.03 of the Revised	3062
Code;	3063

(h) An alternative public provider or a registered private	3064
provider with a scholarship awarded under either section 3310.41	3065
or sections 3310.51 to 3310.64 of the Revised Code.	3066

As used in this section, "alternative public provider" and	3067
"registered private provider" have the same meanings as in section	3068
3310.41 or 3310.51 of the Revised Code, as applicable.	3069

(i) A science, technology, engineering, and mathematics	3070
school established under Chapter 3326. of the Revised Code,	3071
including any participation in a college pursuant to Chapter 3365.	3072
of the Revised Code while enrolled in the school;	3073

(j) A college-preparatory boarding school established under	3074
Chapter 3328. of the Revised Code, including any participation in	3075
a college pursuant to Chapter 3365. of the Revised Code while	3076
enrolled in the school.	3077

(3) The department also shall compile a list of the students	3078
entitled to attend school in the district under section 3313.64 or	3079
3313.65 of the Revised Code who are enrolled in a joint vocational	3080
school district or under a career-technical education compact,	3081
excluding any students so entitled to attend school in the	3082
district who are enrolled in another school district through an	3083
open enrollment policy as reported under division (A)(2)(d) of	3084
this section and then enroll in a joint vocational school district	3085
or under a career-technical education compact.	3086

The department shall provide each city, local, and exempted	3087
village school district with an opportunity to review the list of	3088
students compiled under divisions (A)(2) and (3) of this section	3089
to ensure that the students reported accurately reflect the	3090
enrollment of students in the district.	3091

(B) To enable the department of education to obtain the data	3092
needed to complete the calculation of payments pursuant to this	3093
chapter, each superintendent shall certify from the reports	3094
provided by the department under division (A) of this section all	3095
of the following:	3096

(1) The total student enrollment in regular learning day	3097
classes included in the report under division (A)(1) or (2) of	3098
this section for each of the individual grades kindergarten	3099
through twelve in schools under the superintendent's supervision;	3100

(2) The unduplicated count of the number of preschool	3101
children with disabilities enrolled in the district for whom the	3102
district is eligible to receive funding under section 3317.0213 of	3103
the Revised Code adjusted for the portion of the year each child	3104
is so enrolled, in accordance with the disability categories	3105
prescribed in section 3317.013 of the Revised Code;	3106

(3) The number of children entitled to attend school in the	3107
district pursuant to section 3313.64 or 3313.65 of the Revised	3108
Code who are:	3109

(a) Participating in a pilot project scholarship program	3110
established under sections 3313.974 to 3313.979 of the Revised	3111
Code as described in division (I)(2)(a) or (b) of this section;	3112

(b) Enrolled in a college under Chapter 3365. of the Revised	3113
Code, except when the student is enrolled in the college while	3114
also enrolled in a community school pursuant to Chapter 3314. of	3115
the Revised Code or, a science, technology, engineering, and	3116
mathematics school established under Chapter 3326., or a	3117
college-preparatory boarding school established under Chapter	3118
3328. of the Revised Code;	3119

(c) Enrolled in an adjacent or other school district under	3120
section 3313.98 of the Revised Code;	3121

(d) Enrolled in a community school established under Chapter	3122
3314. of the Revised Code that is not an internet- or	3123
computer-based community school as defined in section 3314.02 of	3124
the Revised Code, including any participation in a college	3125
pursuant to Chapter 3365. of the Revised Code while enrolled in	3126
such community school;	3127

(e) Enrolled in an internet- or computer-based community	3128
school, as defined in section 3314.02 of the Revised Code,	3129
including any participation in a college pursuant to Chapter 3365.	3130
of the Revised Code while enrolled in the school;	3131

(f) Enrolled in a chartered nonpublic school with a	3132
scholarship paid under section 3310.08 of the Revised Code and who	3133
qualified for the scholarship under section 3310.03 of the Revised	3134
Code;	3135

(g) Enrolled in kindergarten through grade twelve in an	3136
alternative public provider or a registered private provider with	3137
a scholarship awarded under section 3310.41 of the Revised Code;	3138

(h) Enrolled as a preschool child with a disability in an	3139
alternative public provider or a registered private provider with	3140
a scholarship awarded under section 3310.41 of the Revised Code;	3141

(i) Participating in a program operated by a county DD board	3142
or a state institution;	3143

(j) Enrolled in a science, technology, engineering, and	3144
mathematics school established under Chapter 3326. of the Revised	3145
Code, including any participation in a college pursuant to Chapter	3146
3365. of the Revised Code while enrolled in the school;	3147

(k) Enrolled in a college-preparatory boarding school	3148
established under Chapter 3328. of the Revised Code, including any	3149
participation in a college pursuant to Chapter 3365. of the	3150
Revised Code while enrolled in the school;	3151

(l) Enrolled in an alternative public provider or a	3152
registered private provider with a scholarship awarded under	3153
sections 3310.51 to 3310.64 of the Revised Code.	3154

(4) The total enrollment of pupils in joint vocational	3155
schools;	3156

(5) The combined enrollment of children with disabilities	3157
reported under division (A)(1) or (2) of this section receiving	3158
special education services for the category one disability	3159
described in division (A) of section 3317.013 of the Revised Code,	3160
including children attending a special education program operated	3161
by an alternative public provider or a registered private provider	3162
with a scholarship awarded under sections 3310.51 to 3310.64 of	3163
the Revised Code;	3164

(6) The combined enrollment of children with disabilities	3165
reported under division (A)(1) or (2) of this section receiving	3166
special education services for category two disabilities described	3167
in division (B) of section 3317.013 of the Revised Code, including	3168
children attending a special education program operated by an	3169
alternative public provider or a registered private provider with	3170
a scholarship awarded under sections 3310.51 to 3310.64 of the	3171
Revised Code;	3172

(7) The combined enrollment of children with disabilities	3173
reported under division (A)(1) or (2) of this section receiving	3174
special education services for category three disabilities	3175
described in division (C) of section 3317.013 of the Revised Code,	3176
including children attending a special education program operated	3177
by an alternative public provider or a registered private provider	3178
with a scholarship awarded under sections 3310.51 to 3310.64 of	3179
the Revised Code;	3180

(8) The combined enrollment of children with disabilities	3181
reported under division (A)(1) or (2) of this section receiving	3182
special education services for category four disabilities	3183
described in division (D) of section 3317.013 of the Revised Code,	3184
including children attending a special education program operated	3185
by an alternative public provider or a registered private provider	3186
with a scholarship awarded under sections 3310.51 to 3310.64 of	3187
the Revised Code;	3188

(9) The combined enrollment of children with disabilities	3189
reported under division (A)(1) or (2) of this section receiving	3190
special education services for the category five disabilities	3191
described in division (E) of section 3317.013 of the Revised Code,	3192
including children attending a special education program operated	3193
by an alternative public provider or a registered private provider	3194
with a scholarship awarded under sections 3310.51 to 3310.64 of	3195
the Revised Code;	3196

(10) The combined enrollment of children with disabilities	3197
reported under division (A)(1) or (2) and under division (B)(3)(h)	3198
of this section receiving special education services for category	3199
six disabilities described in division (F) of section 3317.013 of	3200
the Revised Code, including children attending a special education	3201
program operated by an alternative public provider or a registered	3202
private provider with a scholarship awarded under either section	3203
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;	3204

(11) The enrollment of pupils reported under division (A)(1)	3205
or (2) of this section on a full-time equivalency basis in	3206
category one career-technical education programs or classes,	3207
described in division (A) of section 3317.014 of the Revised Code,	3208
operated by the school district or by another district that is a	3209
member of the district's career-technical planning district, other	3210
than a joint vocational school district, or by an educational	3211
service center, notwithstanding division (H) of section 3317.02 of	3212
the Revised Code and division (C)(3) of this section;	3213

(12) The enrollment of pupils reported under division (A)(1)	3214
or (2) of this section on a full-time equivalency basis in	3215
category two career-technical education programs or services,	3216
described in division (B) of section 3317.014 of the Revised Code,	3217
operated by the school district or another school district that is	3218
a member of the district's career-technical planning district,	3219
other than a joint vocational school district, or by an	3220
educational service center, notwithstanding division (H) of	3221
section 3317.02 of the Revised Code and division (C)(3) of this	3222
section;	3223

(13) The enrollment of pupils reported under division (A)(1)	3224
or (2) of this section on a full-time equivalency basis in	3225
category three career-technical education programs or services,	3226
described in division (C) of section 3317.014 of the Revised Code,	3227
operated by the school district or another school district that is	3228
a member of the district's career-technical planning district,	3229
other than a joint vocational school district, or by an	3230
educational service center, notwithstanding division (H) of	3231
section 3317.02 of the Revised Code and division (C)(3) of this	3232
section;	3233

(14) The enrollment of pupils reported under division (A)(1)	3234
or (2) of this section on a full-time equivalency basis in	3235
category four career-technical education programs or services,	3236
described in division (D) of section 3317.014 of the Revised Code,	3237
operated by the school district or another school district that is	3238
a member of the district's career-technical planning district,	3239
other than a joint vocational school district, or by an	3240
educational service center, notwithstanding division (H) of	3241
section 3317.02 of the Revised Code and division (C)(3) of this	3242
section;	3243

(15) The enrollment of pupils reported under division (A)(1)	3244
or (2) of this section on a full-time equivalency basis in	3245
category five career-technical education programs or services,	3246
described in division (E) of section 3317.014 of the Revised Code,	3247
operated by the school district or another school district that is	3248
a member of the district's career-technical planning district,	3249
other than a joint vocational school district, or by an	3250
educational service center, notwithstanding division (H) of	3251
section 3317.02 of the Revised Code and division (C)(3) of this	3252
section;	3253

(16) The enrollment of pupils reported under division (A)(1)	3254
or (2) of this section who are limited English proficient students	3255
described in division (A) of section 3317.016 of the Revised Code,	3256
excluding any student reported under division (B)(3)(e) of this	3257
section as enrolled in an internet- or computer-based community	3258
school;	3259

(17) The enrollment of pupils reported under division (A)(1)	3260
or (2) of this section who are limited English proficient students	3261
described in division (B) of section 3317.016 of the Revised Code,	3262
excluding any student reported under division (B)(3)(e) of this	3263
section as enrolled in an internet- or computer-based community	3264
school;	3265

(18) The enrollment of pupils reported under division (A)(1)	3266
or (2) of this section who are limited English proficient students	3267
described in division (C) of section 3317.016 of the Revised Code,	3268
excluding any student reported under division (B)(3)(e) of this	3269
section as enrolled in an internet- or computer-based community	3270
school;	3271

(19) The average number of children transported during the	3272
reporting period by the school district on board-owned or	3273
contractor-owned and -operated buses, reported in accordance with	3274
rules adopted by the department of education;	3275

(20)(a) The number of children, other than preschool children	3276
with disabilities, the district placed with a county DD board in	3277
fiscal year 1998. Division (B)(20)(a) of this section does not	3278
apply after fiscal year 2013.	3279

(b) The number of children with disabilities, other than	3280
preschool children with disabilities, placed with a county DD	3281
board in the current fiscal year to receive special education	3282
services for the category one disability described in division (A)	3283
of section 3317.013 of the Revised Code;	3284

(c) The number of children with disabilities, other than	3285
preschool children with disabilities, placed with a county DD	3286
board in the current fiscal year to receive special education	3287
services for category two disabilities described in division (B)	3288
of section 3317.013 of the Revised Code;	3289

(d) The number of children with disabilities, other than	3290
preschool children with disabilities, placed with a county DD	3291
board in the current fiscal year to receive special education	3292
services for category three disabilities described in division (C)	3293
of section 3317.013 of the Revised Code;	3294

(e) The number of children with disabilities, other than	3295
preschool children with disabilities, placed with a county DD	3296
board in the current fiscal year to receive special education	3297
services for category four disabilities described in division (D)	3298
of section 3317.013 of the Revised Code;	3299

(f) The number of children with disabilities, other than	3300
preschool children with disabilities, placed with a county DD	3301
board in the current fiscal year to receive special education	3302
services for the category five disabilities described in division	3303
(E) of section 3317.013 of the Revised Code;	3304

(g) The number of children with disabilities, other than	3305
preschool children with disabilities, placed with a county DD	3306
board in the current fiscal year to receive special education	3307
services for category six disabilities described in division (F)	3308
of section 3317.013 of the Revised Code.	3309

(21) The enrollment of students who are economically	3310
disadvantaged, as defined by the department, excluding any student	3311
reported under division (B)(3)(e) of this section as enrolled in	3312
an internet- or computer-based community school. A student shall	3313
not be categorically excluded from the number reported under	3314
division (B)(21) of this section based on anything other than	3315
family income.	3316

(C)(1) The state board of education shall adopt rules	3317
necessary for implementing divisions (A), (B), and (D) of this	3318
section.	3319

(2) A student enrolled in a community school established	3320
under Chapter 3314., a science, technology, engineering, and	3321
mathematics school established under Chapter 3326., or a	3322
college-preparatory boarding school established under Chapter	3323
3328. of the Revised Code shall be counted in the formula ADM and,	3324
if applicable, the category one, two, three, four, five, or six	3325
special education ADM of the school district in which the student	3326
is entitled to attend school under section 3313.64 or 3313.65 of	3327
the Revised Code for the same proportion of the school year that	3328
the student is counted in the enrollment of the community school,	3329
the science, technology, engineering, and mathematics school, or	3330
the college-preparatory boarding school for purposes of section	3331
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	3332
the enrollment of students certified pursuant to division	3333
(B)(3)(d), (e), (j), or (k) of this section, the department may	3334
adjust the formula ADM of a school district to account for	3335
students entitled to attend school in the district under section	3336
3313.64 or 3313.65 of the Revised Code who are enrolled in a	3337
community school, a science, technology, engineering, and	3338
mathematics school, or a college-preparatory boarding school for	3339
only a portion of the school year.	3340

(3) No child shall be counted as more than a total of one	3341
child in the sum of the enrollment of students of a school	3342
district under division (A), divisions (B)(1) to (22), or division	3343
(D) of this section, except as follows:	3344

(a) A child with a disability described in section 3317.013	3345
of the Revised Code may be counted both in formula ADM and in	3346
category one, two, three, four, five, or six special education ADM	3347
and, if applicable, in category one, two, three, four, or five	3348
career-technical education ADM. As provided in division (H) of	3349
section 3317.02 of the Revised Code, such a child shall be counted	3350
in category one, two, three, four, five, or six special education	3351
ADM in the same proportion that the child is counted in formula	3352
ADM.	3353

(b) A child enrolled in career-technical education programs	3354
or classes described in section 3317.014 of the Revised Code may	3355
be counted both in formula ADM and category one, two, three, four,	3356
or five career-technical education ADM and, if applicable, in	3357
category one, two, three, four, five, or six special education	3358
ADM. Such a child shall be counted in category one, two, three,	3359
four, or five career-technical education ADM in the same	3360
proportion as the percentage of time that the child spends in the	3361
career-technical education programs or classes.	3362

(4) Based on the information reported under this section, the	3363
department of education shall determine the total student count,	3364
as defined in section 3301.011 of the Revised Code, for each	3365
school district.	3366

(D)(1) The superintendent of each joint vocational school	3367
district shall report and certify to the superintendent of public	3368
instruction as of the last day of October, March, and June of each	3369
year the enrollment of students receiving services from schools	3370
under the superintendent's supervision so that the department can	3371
calculate the district's formula ADM, total ADM, category one	3372
through five career-technical education ADM, category one through	3373
three limited English proficient ADM, category one through six	3374
special education ADM, and for purposes of provisions of law	3375
outside of Chapter 3317. of the Revised Code, average daily	3376
membership.	3377

The enrollment reported and certified by the superintendent,	3378
except as otherwise provided in this division, shall consist of	3379
the the number of students in grades six through twelve receiving	3380
any educational services from the district, except that the	3381
following categories of students shall not be included in the	3382
determination:	3383

(a) Students enrolled in adult education classes;

3384

(b) Adjacent or other district joint vocational students	3385
enrolled in the district under an open enrollment policy pursuant	3386
to section 3313.98 of the Revised Code;	3387

(c) Students receiving services in the district pursuant to a	3388
compact, cooperative education agreement, or a contract, but who	3389
are entitled to attend school in a city, local, or exempted	3390
village school district whose territory is not part of the	3391
territory of the joint vocational district;	3392

(d) Students for whom tuition is payable pursuant to sections	3393
3317.081 and 3323.141 of the Revised Code.	3394

(2) To enable the department of education to obtain the data	3395
needed to complete the calculation of payments pursuant to this	3396
chapter, each superintendent shall certify from the report	3397
provided under division (D)(1) of this section the enrollment for	3398
each of the following categories of students:	3399

(a) Students enrolled in each individual grade included in	3400
the joint vocational district schools;	3401

(b) Children with disabilities receiving special education	3402
services for the category one disability described in division (A)	3403
of section 3317.013 of the Revised Code;	3404

(c) Children with disabilities receiving special education	3405
services for the category two disabilities described in division	3406
(B) of section 3317.013 of the Revised Code;	3407

(d) Children with disabilities receiving special education	3408
services for category three disabilities described in division (C)	3409
of section 3317.013 of the Revised Code;	3410

(e) Children with disabilities receiving special education	3411
services for category four disabilities described in division (D)	3412
of section 3317.013 of the Revised Code;	3413

(f) Children with disabilities receiving special education	3414
services for the category five disabilities described in division	3415
(E) of section 3317.013 of the Revised Code;	3416

(g) Children with disabilities receiving special education	3417
services for category six disabilities described in division (F)	3418
of section 3317.013 of the Revised Code;	3419

(h) Students receiving category one career-technical	3420
education services, described in division (A) of section 3317.014	3421
of the Revised Code;	3422

(i) Students receiving category two career-technical	3423
education services, described in division (B) of section 3317.014	3424
of the Revised Code;	3425

(j) Students receiving category three career-technical	3426
education services, described in division (C) of section 3317.014	3427
of the Revised Code;	3428

(k) Students receiving category four career-technical	3429
education services, described in division (D) of section 3317.014	3430
of the Revised Code;	3431

(l) Students receiving category five career-technical	3432
education services, described in division (E) of section 3317.014	3433
of the Revised Code;	3434

(m) Limited English proficient students described in division	3435
(A) of section 3317.016 of the Revised Code;	3436

(n) Limited English proficient students described in division	3437
(B) of section 3317.016 of the Revised Code;	3438

(o) Limited English proficient students described in division	3439
(C) of section 3317.016 of the Revised Code;	3440

(p) Students who are economically disadvantaged, as defined	3441
by the department. A student shall not be categorically excluded	3442
from the number reported under division (D)(2)(p) of this section	3443
based on anything other than family income.	3444

The superintendent of each joint vocational school district	3445
shall also indicate the city, local, or exempted village school	3446
district in which each joint vocational district pupil is entitled	3447
to attend school pursuant to section 3313.64 or 3313.65 of the	3448
Revised Code.	3449

(E) In each school of each city, local, exempted village,	3450
joint vocational, and cooperative education school district there	3451
shall be maintained a record of school enrollment, which record	3452
shall accurately show, for each day the school is in session, the	3453
actual enrollment in regular day classes. For the purpose of	3454
determining the enrollment of students, the enrollment figure of	3455
any school shall not include any pupils except those pupils	3456
described by division (A) of this section. The record of	3457
enrollment for each school shall be maintained in such manner that	3458
no pupil shall be counted as enrolled prior to the actual date of	3459
entry in the school and also in such manner that where for any	3460
cause a pupil permanently withdraws from the school that pupil	3461
shall not be counted as enrolled from and after the date of such	3462
withdrawal. There shall not be included in the enrollment of any	3463
school any of the following:	3464

(1) Any pupil who has graduated from the twelfth grade of a	3465
public or nonpublic high school;	3466

(2) Any pupil who is not a resident of the state;

3467

(3) Any pupil who was enrolled in the schools of the district	3468
during the previous school year when assessments were administered	3469
under section 3301.0711 of the Revised Code but did not take one	3470
or more of the assessments required by that section and was not	3471
excused pursuant to division (C)(1) or (3) of that section;	3472

(4) Any pupil who has attained the age of twenty-two years,	3473
except for veterans of the armed services whose attendance was	3474
interrupted before completing the recognized twelve-year course of	3475
the public schools by reason of induction or enlistment in the	3476
armed forces and who apply for reenrollment in the public school	3477
system of their residence not later than four years after	3478
termination of war or their honorable discharge;	3479

(5) Any pupil who has a high school equivalence diploma as	3480
defined in section 5107.40 of the Revised Code.	3481

If, however, any veteran described by division (E)(4) of this	3482
section elects to enroll in special courses organized for veterans	3483
for whom tuition is paid under the provisions of federal laws, or	3484
otherwise, that veteran shall not be included in the enrollment of	3485
students determined under this section.	3486

Notwithstanding division (E)(3) of this section, the	3487
enrollment of any school may include a pupil who did not take an	3488
assessment required by section 3301.0711 of the Revised Code if	3489
the superintendent of public instruction grants a waiver from the	3490
requirement to take the assessment to the specific pupil and a	3491
parent is not paying tuition for the pupil pursuant to section	3492
3313.6410 of the Revised Code. The superintendent may grant such a	3493
waiver only for good cause in accordance with rules adopted by the	3494
state board of education.	3495

The formula ADM, total ADM, category one through five	3496
career-technical education ADM, category one through three limited	3497
English proficient ADM, category one through six special education	3498
ADM, preschool scholarship ADM, transportation ADM, and, for	3499
purposes of provisions of law outside of Chapter 3317. of the	3500
Revised Code, average daily membership of any school district	3501
shall be determined in accordance with rules adopted by the state	3502
board of education.	3503

(F)(1) If a student attending a community school under	3504
Chapter 3314., a science, technology, engineering, and mathematics	3505
school established under Chapter 3326., or a college-preparatory	3506
boarding school established under Chapter 3328. of the Revised	3507
Code is not included in the formula ADM calculated for the school	3508
district in which the student is entitled to attend school under	3509
section 3313.64 or 3313.65 of the Revised Code, the department of	3510
education shall adjust the formula ADM of that school district to	3511
include the student in accordance with division (C)(2) of this	3512
section, and shall recalculate the school district's payments	3513
under this chapter for the entire fiscal year on the basis of that	3514
adjusted formula ADM.	3515

(2) If a student awarded an educational choice scholarship is	3516
not included in the formula ADM of the school district from which	3517
the department deducts funds for the scholarship under section	3518
3310.08 of the Revised Code, the department shall adjust the	3519
formula ADM of that school district to include the student to the	3520
extent necessary to account for the deduction, and shall	3521
recalculate the school district's payments under this chapter for	3522
the entire fiscal year on the basis of that adjusted formula ADM.	3523

(3) If a student awarded a scholarship under the Jon Peterson	3524
special needs scholarship program is not included in the formula	3525
ADM of the school district from which the department deducts funds	3526
for the scholarship under section 3310.55 of the Revised Code, the	3527
department shall adjust the formula ADM of that school district to	3528
include the student to the extent necessary to account for the	3529
deduction, and shall recalculate the school district's payments	3530
under this chapter for the entire fiscal year on the basis of that	3531
adjusted formula ADM.	3532

(G)(1)(a) The superintendent of an institution operating a	3533
special education program pursuant to section 3323.091 of the	3534
Revised Code shall, for the programs under such superintendent's	3535
supervision, certify to the state board of education, in the	3536
manner prescribed by the superintendent of public instruction,	3537
both of the following:	3538

(i) The unduplicated count of the number of all children with	3539
disabilities other than preschool children with disabilities	3540
receiving services at the institution for each category of	3541
disability described in divisions (A) to (F) of section 3317.013	3542
of the Revised Code adjusted for the portion of the year each	3543
child is so enrolled;	3544

(ii) The unduplicated count of the number of all preschool	3545
children with disabilities in classes or programs for whom the	3546
district is eligible to receive funding under section 3317.0213 of	3547
the Revised Code adjusted for the portion of the year each child	3548
is so enrolled, reported according to the categories prescribed in	3549
section 3317.013 of the Revised Code.	3550

(b) The superintendent of an institution with	3551
career-technical education units approved under section 3317.05 of	3552
the Revised Code shall, for the units under the superintendent's	3553
supervision, certify to the state board of education the	3554
enrollment in those units, in the manner prescribed by the	3555
superintendent of public instruction.	3556

(2) The superintendent of each county DD board that maintains	3557
special education classes under section 3317.20 of the Revised	3558
Code or provides services to preschool children with disabilities	3559
pursuant to an agreement between the DD board and the appropriate	3560
school district shall do both of the following:	3561

(a) Certify to the state board, in the manner prescribed by	3562
the board, the enrollment in classes under section 3317.20 of the	3563
Revised Code for each school district that has placed children in	3564
the classes;	3565

(b) Certify to the state board, in the manner prescribed by	3566
the board, the unduplicated count of the number of all preschool	3567
children with disabilities enrolled in classes for which the DD	3568
board is eligible to receive funding under section 3317.0213 of	3569
the Revised Code adjusted for the portion of the year each child	3570
is so enrolled, reported according to the categories prescribed in	3571
section 3317.013 of the Revised Code, and the number of those	3572
classes.	3573

(H) Except as provided in division (I) of this section, when	3574
any city, local, or exempted village school district provides	3575
instruction for a nonresident pupil whose attendance is	3576
unauthorized attendance as defined in section 3327.06 of the	3577
Revised Code, that pupil's enrollment shall not be included in	3578
that district's enrollment figure used in calculating the	3579
district's payments under this chapter. The reporting official	3580
shall report separately the enrollment of all pupils whose	3581
attendance in the district is unauthorized attendance, and the	3582
enrollment of each such pupil shall be credited to the school	3583
district in which the pupil is entitled to attend school under	3584
division (B) of section 3313.64 or section 3313.65 of the Revised	3585
Code as determined by the department of education.	3586

(I)(1) A city, local, exempted village, or joint vocational	3587
school district admitting a scholarship student of a pilot project	3588
district pursuant to division (C) of section 3313.976 of the	3589
Revised Code may count such student in its enrollment.	3590

(2) In any year for which funds are appropriated for pilot	3591
project scholarship programs, a school district implementing a	3592
state-sponsored pilot project scholarship program that year	3593
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	3594
count in its enrollment:	3595

(a) All children residing in the district and utilizing a	3596
scholarship to attend kindergarten in any alternative school, as	3597
defined in section 3313.974 of the Revised Code;	3598

(b) All children who were enrolled in the district in the	3599
preceding year who are utilizing a scholarship to attend an	3600
alternative school.	3601

(J) The superintendent of each cooperative education school	3602
district shall certify to the superintendent of public	3603
instruction, in a manner prescribed by the state board of	3604
education, the applicable enrollments for all students in the	3605
cooperative education district, also indicating the city, local,	3606
or exempted village district where each pupil is entitled to	3607
attend school under section 3313.64 or 3313.65 of the Revised	3608
Code.	3609

(K) If the superintendent of public instruction determines	3610
that a component of the enrollment certified or reported by a	3611
district superintendent, or other reporting entity, is not	3612
correct, the superintendent of public instruction may order that	3613
the formula ADM used for the purposes of payments under any	3614
section of Title XXXIII of the Revised Code be adjusted in the	3615
amount of the error.	3616

Sec. 3319.22. (A)(1) The state board of education shall	3617
issue the following educator licenses:	3618

(a) A resident educator license, which shall be valid for	3619
four years~~, except that the~~and shall be renewable for reasons	3620
specified by rules adopted by the state board pursuant to division	3621
(A)(3) of this section. The state board, on a case-by-case basis,	3622
may extend the license's duration as necessary to enable the	3623
license holder to complete the Ohio teacher residency program	3624
established under section 3319.223 of the Revised Code;	3625

(b) A professional educator license, which shall be valid for	3626
five years and shall be renewable;	3627

(c) A senior professional educator license, which shall be	3628
valid for five years and shall be renewable;	3629

(d) A lead professional educator license, which shall be	3630
valid for five years and shall be renewable.	3631

(2) The state board may issue any additional educator	3632
licenses of categories, types, and levels the board elects to	3633
provide.	3634

(3) The state board shall adopt rules establishing the	3635
standards and requirements for obtaining each educator license	3636
issued under this section. The rules shall also include the	3637
reasons for which a resident educator license may be renewed under	3638
division (A)(1)(a) of this section.	3639

(B) The rules adopted under this section shall require at	3640
least the following standards and qualifications for the educator	3641
licenses described in division (A)(1) of this section:	3642

(1) An applicant for a resident educator license shall hold	3643
at least a bachelor's degree from an accredited teacher	3644
preparation program or be a participant in the teach for America	3645
program and meet the qualifications required under section	3646
3319.227 of the Revised Code.	3647

(2) An applicant for a professional educator license shall:

3648

(a) Hold at least a bachelor's degree from an institution of	3649
higher education accredited by a regional accrediting	3650
organization;	3651

(b) Have successfully completed the Ohio teacher residency	3652
program established under section 3319.223 of the Revised Code, if	3653
the applicant's current or most recently issued license is a	3654
resident educator license issued under this section or an	3655
alternative resident educator license issued under section 3319.26	3656
of the Revised Code.	3657

(3) An applicant for a senior professional educator license	3658
shall:	3659

(a) Hold at least a master's degree from an institution of	3660
higher education accredited by a regional accrediting	3661
organization;	3662

(b) Have previously held a professional educator license	3663
issued under this section or section 3319.222 or under former	3664
section 3319.22 of the Revised Code;	3665

(c) Meet the criteria for the accomplished or distinguished	3666
level of performance, as described in the standards for teachers	3667
adopted by the state board under section 3319.61 of the Revised	3668
Code.	3669

(4) An applicant for a lead professional educator license	3670
shall:	3671

(a) Hold at least a master's degree from an institution of	3672
higher education accredited by a regional accrediting	3673
organization;	3674

(b) Have previously held a professional educator license or a	3675
senior professional educator license issued under this section or	3676
a professional educator license issued under section 3319.222 or	3677
former section 3319.22 of the Revised Code;	3678

(c) Meet the criteria for the distinguished level of	3679
performance, as described in the standards for teachers adopted by	3680
the state board under section 3319.61 of the Revised Code;	3681

(d) Either hold a valid certificate issued by the national	3682
board for professional teaching standards or meet the criteria for	3683
a master teacher or other criteria for a lead teacher adopted by	3684
the educator standards board under division (F)(4) or (5) of	3685
section 3319.61 of the Revised Code.	3686

(C) The state board shall align the standards and	3687
qualifications for obtaining a principal license with the	3688
standards for principals adopted by the state board under section	3689
3319.61 of the Revised Code.	3690

(D) If the state board requires any examinations for educator	3691
licensure, the department of education shall provide the results	3692
of such examinations received by the department to the chancellor	3693
of the Ohio board of regents, in the manner and to the extent	3694
permitted by state and federal law.	3695

(E) Any rules the state board of education adopts, amends, or	3696
rescinds for educator licenses under this section, division (D) of	3697
section 3301.07 of the Revised Code, or any other law shall be	3698
adopted, amended, or rescinded under Chapter 119. of the Revised	3699
Code except as follows:	3700

(1) Notwithstanding division (D) of section 119.03 and	3701
division (A)(1) of section 119.04 of the Revised Code, in the case	3702
of the adoption of any rule or the amendment or rescission of any	3703
rule that necessitates institutions' offering preparation programs	3704
for educators and other school personnel that are approved by the	3705
chancellor of the Ohio board of regents under section 3333.048 of	3706
the Revised Code to revise the curriculum of those programs, the	3707
effective date shall not be as prescribed in division (D) of	3708
section 119.03 and division (A)(1) of section 119.04 of the	3709
Revised Code. Instead, the effective date of such rules, or the	3710
amendment or rescission of such rules, shall be the date	3711
prescribed by section 3333.048 of the Revised Code.	3712

(2) Notwithstanding the authority to adopt, amend, or rescind	3713
emergency rules in division (F) of section 119.03 of the Revised	3714
Code, this authority shall not apply to the state board of	3715
education with regard to rules for educator licenses.	3716

(F)(1) The rules adopted under this section establishing	3717
standards requiring additional coursework for the renewal of any	3718
educator license shall require a school district and a chartered	3719
nonpublic school to establish local professional development	3720
committees. In a nonpublic school, the chief administrative	3721
officer shall establish the committees in any manner acceptable to	3722
such officer. The committees established under this division shall	3723
determine whether coursework that a district or chartered	3724
nonpublic school teacher proposes to complete meets the	3725
requirement of the rules. The department of education shall	3726
provide technical assistance and support to committees as the	3727
committees incorporate the professional development standards	3728
adopted by the state board of education pursuant to section	3729
3319.61 of the Revised Code into their review of coursework that	3730
is appropriate for license renewal. The rules shall establish a	3731
procedure by which a teacher may appeal the decision of a local	3732
professional development committee.	3733

(2) In any school district in which there is no exclusive	3734
representative established under Chapter 4117. of the Revised	3735
Code, the professional development committees shall be established	3736
as described in division (F)(2) of this section.	3737

Not later than the effective date of the rules adopted under	3738
this section, the board of education of each school district shall	3739
establish the structure for one or more local professional	3740
development committees to be operated by such school district. The	3741
committee structure so established by a district board shall	3742
remain in effect unless within thirty days prior to an anniversary	3743
of the date upon which the current committee structure was	3744
established, the board provides notice to all affected district	3745
employees that the committee structure is to be modified.	3746
Professional development committees may have a district-level or	3747
building-level scope of operations, and may be established with	3748
regard to particular grade or age levels for which an educator	3749
license is designated.	3750

Each professional development committee shall consist of at	3751
least three classroom teachers employed by the district, one	3752
principal employed by the district, and one other employee of the	3753
district appointed by the district superintendent. For committees	3754
with a building-level scope, the teacher and principal members	3755
shall be assigned to that building, and the teacher members shall	3756
be elected by majority vote of the classroom teachers assigned to	3757
that building. For committees with a district-level scope, the	3758
teacher members shall be elected by majority vote of the classroom	3759
teachers of the district, and the principal member shall be	3760
elected by a majority vote of the principals of the district,	3761
unless there are two or fewer principals employed by the district,	3762
in which case the one or two principals employed shall serve on	3763
the committee. If a committee has a particular grade or age level	3764
scope, the teacher members shall be licensed to teach such grade	3765
or age levels, and shall be elected by majority vote of the	3766
classroom teachers holding such a license and the principal shall	3767
be elected by all principals serving in buildings where any such	3768
teachers serve. The district superintendent shall appoint a	3769
replacement to fill any vacancy that occurs on a professional	3770
development committee, except in the case of vacancies among the	3771
elected classroom teacher members, which shall be filled by vote	3772
of the remaining members of the committee so selected.	3773

Terms of office on professional development committees shall	3774
be prescribed by the district board establishing the committees.	3775
The conduct of elections for members of professional development	3776
committees shall be prescribed by the district board establishing	3777
the committees. A professional development committee may include	3778
additional members, except that the majority of members on each	3779
such committee shall be classroom teachers employed by the	3780
district. Any member appointed to fill a vacancy occurring prior	3781
to the expiration date of the term for which a predecessor was	3782
appointed shall hold office as a member for the remainder of that	3783
term.	3784

The initial meeting of any professional development	3785
committee, upon election and appointment of all committee members,	3786
shall be called by a member designated by the district	3787
superintendent. At this initial meeting, the committee shall	3788
select a chairperson and such other officers the committee deems	3789
necessary, and shall adopt rules for the conduct of its meetings.	3790
Thereafter, the committee shall meet at the call of the	3791
chairperson or upon the filing of a petition with the district	3792
superintendent signed by a majority of the committee members	3793
calling for the committee to meet.	3794

(3) In the case of a school district in which an exclusive	3795
representative has been established pursuant to Chapter 4117. of	3796
the Revised Code, professional development committees shall be	3797
established in accordance with any collective bargaining agreement	3798
in effect in the district that includes provisions for such	3799
committees.	3800

If the collective bargaining agreement does not specify a	3801
different method for the selection of teacher members of the	3802
committees, the exclusive representative of the district's	3803
teachers shall select the teacher members.	3804

If the collective bargaining agreement does not specify a	3805
different structure for the committees, the board of education of	3806
the school district shall establish the structure, including the	3807
number of committees and the number of teacher and administrative	3808
members on each committee; the specific administrative members to	3809
be part of each committee; whether the scope of the committees	3810
will be district levels, building levels, or by type of grade or	3811
age levels for which educator licenses are designated; the lengths	3812
of terms for members; the manner of filling vacancies on the	3813
committees; and the frequency and time and place of meetings.	3814
However, in all cases, except as provided in division (F)(4) of	3815
this section, there shall be a majority of teacher members of any	3816
professional development committee, there shall be at least five	3817
total members of any professional development committee, and the	3818
exclusive representative shall designate replacement members in	3819
the case of vacancies among teacher members, unless the collective	3820
bargaining agreement specifies a different method of selecting	3821
such replacements.	3822

(4) Whenever an administrator's coursework plan is being	3823
discussed or voted upon, the local professional development	3824
committee shall, at the request of one of its administrative	3825
members, cause a majority of the committee to consist of	3826
administrative members by reducing the number of teacher members	3827
voting on the plan.	3828

(G)(1) The department of education, educational service	3829
centers, county boards of developmental disabilities, regional	3830
professional development centers, special education regional	3831
resource centers, college and university departments of education,	3832
head start programs, and the Ohio education computer network may	3833
establish local professional development committees to determine	3834
whether the coursework proposed by their employees who are	3835
licensed or certificated under this section or section 3319.222 of	3836
the Revised Code, or under the former version of either section as	3837
it existed prior to October 16, 2009, meet the requirements of the	3838
rules adopted under this section. They may establish local	3839
professional development committees on their own or in	3840
collaboration with a school district or other agency having	3841
authority to establish them.	3842

Local professional development committees established by	3843
county boards of developmental disabilities shall be structured in	3844
a manner comparable to the structures prescribed for school	3845
districts in divisions (F)(2) and (3) of this section, as shall	3846
the committees established by any other entity specified in	3847
division (G)(1) of this section that provides educational services	3848
by employing or contracting for services of classroom teachers	3849
licensed or certificated under this section or section 3319.222 of	3850
the Revised Code, or under the former version of either section as	3851
it existed prior to October 16, 2009. All other entities specified	3852
in division (G)(1) of this section shall structure their	3853
committees in accordance with guidelines which shall be issued by	3854
the state board.	3855

(2) Any public agency that is not specified in division	3856
(G)(1) of this section but provides educational services and	3857
employs or contracts for services of classroom teachers licensed	3858
or certificated under this section or section 3319.222 of the	3859
Revised Code, or under the former version of either section as it	3860
existed prior to October 16, 2009, may establish a local	3861
professional development committee, subject to the approval of the	3862
department of education. The committee shall be structured in	3863
accordance with guidelines issued by the state board.	3864

Sec. 3319.26. (A) The state board of education shall adopt	3865
rules establishing the standards and requirements for obtaining an	3866
alternative resident educator license for teaching in grades	3867
kindergarten to twelve, or the equivalent, in a designated subject	3868
area or in the area of intervention specialist, as defined by rule	3869
of the state board. The rules shall also include the reasons for	3870
which an alternative resident educator license may be renewed	3871
under division (D) of this section.	3872

(B) The superintendent of public instruction and the	3873
chancellor of the Ohio board of regents jointly shall develop an	3874
intensive pedagogical training institute to provide instruction in	3875
the principles and practices of teaching for individuals seeking	3876
an alternative resident educator license. The instruction shall	3877
cover such topics as student development and learning, pupil	3878
assessment procedures, curriculum development, classroom	3879
management, and teaching methodology.	3880

(C) The rules adopted under this section shall require	3881
applicants for the alternative resident educator license to	3882
satisfy the following conditions prior to issuance of the license,	3883
but they shall not require applicants to have completed a major in	3884
the subject area for which application is being made:	3885

(1) Hold a minimum of a baccalaureate degree;

3886

(2) Successfully complete the pedagogical training institute	3887
described in division (B) of this section or a summer training	3888
institute provided to participants of a teacher preparation	3889
program that is operated by a nonprofit organization and has been	3890
approved by the chancellor. The chancellor shall approve any such	3891
program that requires participants to hold a bachelor's degree;	3892
have a cumulative undergraduate grade point average of at least	3893
2.5 out of 4.0, or its equivalent; and successfully complete the	3894
program's summer training institute.	3895

(3) Pass an examination in the subject area for which	3896
application is being made.	3897

(D) An alternative resident educator license shall be valid	3898
for four years~~, except that the~~and shall be renewable for reasons	3899
specified by rules adopted by the state board pursuant to division	3900
(A) of this section. The state board, on a case-by-case basis, may	3901
extend the license's duration as necessary to enable the license	3902
holder to complete the Ohio teacher residency program established	3903
under section 3319.223 of the Revised Code.	3904

(E) The rules shall require the holder of an alternative	3905
resident educator license, as a condition of continuing to hold	3906
the license, to do all of the following:	3907

(1) Participate in the Ohio teacher residency program;

3908

(2) Show satisfactory progress in taking and successfully	3909
completing one of the following:	3910

(a) At least twelve additional semester hours, or the	3911
equivalent, of college coursework in the principles and practices	3912
of teaching in such topics as student development and learning,	3913
pupil assessment procedures, curriculum development, classroom	3914
management, and teaching methodology;	3915

(b) Professional development provided by a teacher	3916
preparation program that has been approved by the chancellor under	3917
division (C)(2) of this section.	3918

(3) Take an assessment of professional knowledge in the	3919
second year of teaching under the license.	3920

(F) The rules shall provide for the granting of a	3921
professional educator license to a holder of an alternative	3922
resident educator license upon successfully completing all of the	3923
following:	3924

(1) Four years of teaching under the alternative license;

3925

(2) The additional college coursework or professional	3926
development described in division (E)(2) of this section;	3927

(3) The assessment of professional knowledge described in	3928
division (E)(3) of this section. The standards for successfully	3929
completing this assessment and the manner of conducting the	3930
assessment shall be the same as for any other individual who is	3931
required to take the assessment pursuant to rules adopted by the	3932
state board under section 3319.22 of the Revised Code.	3933

(4) The Ohio teacher residency program;

3934

(5) All other requirements for a professional educator	3935
license adopted by the state board under section 3319.22 of the	3936
Revised Code.	3937

(G) A person who is assigned to teach in this state as a	3938
participant in the teach for America program or who has completed	3939
two years of teaching in another state as a participant in that	3940
program shall be eligible for a license only under section	3941
3319.227 of the Revised Code and shall not be eligible for a	3942
license under this section.	3943

Sec. 3321.03. As used in this section and section 3321.04 of	3944
the Revised Code, "special education program" means a school or	3945
the educational agency that provides special education and related	3946
services to children with disabilities in accordance with Chapter	3947
3323. of the Revised Code.	3948

Except as provided in this section, the parent of a child of	3949
compulsory school age shall cause such child to attend a school in	3950
the school district in which the child is entitled to attend	3951
school under division (B) or (F) of section 3313.64 or section	3952
3313.65 of the Revised Code, to participate in a special education	3953
program under Chapter 3323. of the Revised Code, or to otherwise	3954
cause the child to be instructed in accordance with law. Every	3955
child of compulsory school age shall attend a school or	3956
participate in a special education program that conforms to the	3957
minimum standards prescribed by the state board of education until	3958
the child:	3959

(A) Receives a diploma granted by the board of education or	3960
other governing authority, successfully completes the curriculum	3961
of any high school, or successfully completes the individualized	3962
education program developed for the student by any high school	3963
pursuant to Chapter 3323. of the Revised Code;	3964

(B) Receives an age and schooling certificate as provided in	3965
section 3331.01 of the Revised Code; or	3966

(C) Is excused from school under standards adopted by the	3967
state board of education pursuant to section 3321.04 of the	3968
Revised Code, or if in need of special education, the child is	3969
excused from such programs pursuant to section 3321.04 of the	3970
Revised Code.	3971

For purposes of this section, a child who is attending an	3972
alternative education program that is specified in the child's	3973
student success plan developed under division (C)(1) of section	3974
3313.6015 of the Revised Code shall be considered to be attending	3975
school in compliance with this section.	3976

Sec. 3321.04. Notwithstanding division (D) of section	3977
3311.19 and division (D) of section 3311.52 of the Revised Code,	3978
this section does not apply to any joint vocational or cooperative	3979
education school district or its superintendent.	3980

Every parent of any child of compulsory school age who is not	3981
employed under an age and schooling certificate ~~must~~shall send	3982
~~such~~the child to a school or a special education program that	3983
conforms to the minimum standards prescribed by the state board of	3984
education, for the full time the school or program attended is in	3985
session~~, which shall not be for less than thirty-two weeks per~~	3986
~~school year~~. Such attendance must begin within the first week of	3987
the school term or program or within one week of the date on which	3988
the child begins to reside in the district or within one week	3989
after the child's withdrawal from employment.	3990

For the purpose of operating a school or program on a	3991
trimester plan, "full time the school attended is in session," as	3992
used in this section means the two trimesters to which the child	3993
is assigned by the board of education. For the purpose of	3994
operating a school or program on a quarterly plan, "full time the	3995
school attended is in session," as used in this section, means the	3996
three quarters to which the child is assigned by the board of	3997
education. For the purpose of operating a school or program on a	3998
pentamester plan, "full time the school is in session," as used in	3999
this section, means the four pentamesters to which the child is	4000
assigned by the board of education.	4001

Excuses from future attendance at or past absence from school	4002
or a special education program may be granted for the causes, by	4003
the authorities, and under the following conditions:	4004

(A) The superintendent of the school district in which the	4005
child resides may excuse the child from attendance for any part of	4006
the remainder of the current school year upon satisfactory showing	4007
of either of the following facts:	4008

(1) That the child's bodily or mental condition does not	4009
permit attendance at school or a special education program during	4010
such period; this fact is certified in writing by a licensed	4011
physician or, in the case of a mental condition, by a licensed	4012
physician, a licensed psychologist, licensed school psychologist	4013
or a certificated school psychologist; and provision is made for	4014
appropriate instruction of the child, in accordance with Chapter	4015
3323. of the Revised Code;	4016

(2) That the child is being instructed at home by a person	4017
qualified to teach the branches in which instruction is required,	4018
and such additional branches, as the advancement and needs of the	4019
child may, in the opinion of such superintendent, require. In each	4020
such case the issuing superintendent shall file in the	4021
superintendent's office, with a copy of the excuse, papers showing	4022
how the inability of the child to attend school or a special	4023
education program or the qualifications of the person instructing	4024
the child at home were determined. All such excuses shall become	4025
void and subject to recall upon the removal of the disability of	4026
the child or the cessation of proper home instruction; and	4027
thereupon the child or the child's parents may be proceeded	4028
against after due notice whether such excuse be recalled or not.	4029

(B) The state board of education may adopt rules authorizing	4030
the superintendent of schools of the district in which the child	4031
resides to excuse a child over fourteen years of age from	4032
attendance for a future limited period of time for the purpose of	4033
performing necessary work directly and exclusively for the child's	4034
parents or legal guardians.	4035

All excuses provided for in divisions (A) and (B) of this	4036
section shall be in writing and shall show the reason for excusing	4037
the child. A copy thereof shall be sent to the person in charge of	4038
the child.	4039

(C) The board of education of the school district or the	4040
governing authorities of a private or parochial school may in the	4041
rules governing the discipline in such schools, prescribe the	4042
authority by which and the manner in which any child may be	4043
excused for absence from such school for good and sufficient	4044
reasons.	4045

The state board of education may by rule prescribe conditions	4046
governing the issuance of excuses, which shall be binding upon the	4047
authorities empowered to issue them.	4048

Sec. 3321.07. If any child ~~attends upon~~receives instruction	4049
elsewhere than in a public school such instruction shall be in a	4050
school which conforms to the minimum standards prescribed by the	4051
state board of education. The hours and term of attendance ~~exacted~~	4052
of that school shall be equivalent to the hours and term of	4053
attendance required of children in the public schools of the	4054
district. This section does not require a child to attend a high	4055
school instead of a ~~vocational~~career-technical, commercial, or	4056
other special type of school, provided the successful completion	4057
of instruction therein ~~is for a term and for hours equivalent to~~	4058
~~those of the high school, and provided his attendance at such~~	4059
~~school will not interfere with a continuous program of education~~	4060
~~for the child to the age of sixteen~~will result in the child	4061
receiving a high school diploma, an industry-recognized	4062
credential, or a journeyman certification as recognized by the	4063
United States department of labor.	4064

Sec. 3321.08. Every child who has been granted an age and	4065
schooling certificate shall, until the age at which such	4066
certificate is no longer required, attend a part-time school or	4067
class ~~for the number of hours not over eight per week that such~~	4068
~~school or class is in session,~~. Such an education program may be	4069
provided by the board of education of the school district in which	4070
the child resides or is employed ~~has made such school or class~~	4071
~~available~~. ~~Such attendance~~Attendance shall be for the full term	4072
such school or class is in session, and shall begin with the first	4073
week of the school term or within one week after issuance of the	4074
age and schooling certificate. ~~This section does not apply to~~	4075
~~children who are employed under vacation and part-time~~	4076
~~certificates only.~~ The superintendent of schools may excuse a	4077
child from such attendance for one of the reasons provided in	4078
section 3321.10 of the Revised Code. AFor purposes of this	4079
section, a part-time school or class is one which shall offer, to	4080
those minors who have entered industry, instruction supplemental	4081
to their daily occupations or which will increase their civic and	4082
vocational competence or both ~~and which are taught between the~~	4083
~~hours of seven in the morning and six in the afternoon of any day~~	4084
~~except a legal holiday, Saturday, or Sunday, or between the hours~~	4085
~~of seven in the morning and twelve noon of Saturday~~and which	4086
grants a high school diploma to the child upon the child's	4087
successful completion of a course of instruction.	4088

Sec. 3321.09. Attendance at a part-time school or class, as	4089
defined in section 3321.08 of the Revised Code, provided by an	4090
employer, by a partnership, corporation, or individual, by a	4091
private or parochial school, by a college, or by a philanthropic	4092
or similar agency shall serve in lieu of attendance at a part-time	4093
school or class provided by a board of education ~~in case the given~~	4094
~~school or class is conducted for substantially a term and hours~~	4095
~~equivalent to those of the part-time schools or classes provided~~	4096
~~by the local board, and in case~~if the school or class is approved	4097
by the state board of education. When such school or class is	4098
conducted within or in connection with the establishment in which	4099
the child is working, the obligation of attendance at part-time	4100
school or class indicated in section 3321.08 of the Revised Code,	4101
shall apply to the children holding age and schooling certificates	4102
who are employed in the given establishment regardless of the	4103
accessibility of public part-time schools or classes.	4104

Sec. 3324.07. (A) The board of education of each school	4105
district shall develop a plan for the service of gifted students	4106
enrolled in the district that are identified under section 3324.03	4107
of the Revised Code. Services specified in the plan developed by	4108
each board may include such options as the following:	4109

(1) A differentiated curriculum;

4110

(2) Cluster grouping;

4111

(3) Mentorships;

4112

(4) Accelerated course work;

4113

(5) The ~~post-secondary enrollment option~~college credit plus	4114
program under Chapter 3365. of the Revised Code;	4115

(6) Advanced placement;

4116

(7) Honors classes;

4117

(8) Magnet schools;

4118

(9) Self-contained classrooms;

4119

(10) Independent study;

4120

(11) Other options identified in rules adopted by the	4121
department of education.	4122

(B) Each board shall file the plan developed under division	4123
(A) of this section with the department of education by December	4124
15, 2000. The department shall review and analyze each plan to	4125
determine if it is adequate and to make funding estimates.	4126

(C) Unless otherwise required by law, rule, or as a condition	4127
for receipt of funds, school boards may implement the plans	4128
developed under division (A) of this section, but shall not be	4129
required to do so until further action by the general assembly or	4130
the state superintendent of public instruction.	4131

Sec. 3326.36. The department of education shall reduce the	4132
amounts paid to a science, technology, engineering, and	4133
mathematics school under section 3326.33 of the Revised Code to	4134
reflect payments made to colleges under ~~division (B) of~~ section	4135
3365.07 of the Revised Code ~~or through alternative funding~~	4136
~~agreements entered into under rules adopted under section 3365.12~~	4137
~~of the Revised Code~~. A student shall be considered enrolled in the	4138
school for any portion of the school year the student is attending	4139
a college under Chapter 3365. of the Revised Code.	4140

Sec. 3328.24. A college-preparatory boarding school	4141
established under this chapter and its board of trustees shall	4142
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	4143
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter	4144
3365. of the Revised Code as if the school were a school district	4145
and the school's board of trustees were a district board of	4146
education.	4147

Sec. 3331.04. Whenever an age and schooling certificate is	4148
applied for by a child over sixteen years of age who is ~~unable to~~	4149
~~pass a test for the completion of the work of the seventh grade~~	4150
~~and who is not so below the normal in mental development that the~~	4151
~~child cannot profit from further schooling~~participating in a	4152
program that, upon successful completion of instruction, will	4153
result in the child receiving an industry-recognized credential, a	4154
journeyman certification as recognized by the United States	4155
department of labor, or full-time employment, an age and schooling	4156
certificate may be issued by the superintendent of schools to such	4157
child upon proof acceptable to such superintendent of the	4158
following facts and upon agreement to the respective conditions	4159
made in writing by the child and by the parents, guardian, or	4160
custodian in charge of such child:	4161

(A) That the child is addicted to no habit which is likely to	4162
detract from the child's reliability or effectiveness as a worker,	4163
or proper use of the child's earnings or leisure, or the	4164
probability of the child's faithfully carrying out the conditions	4165
to which the child agrees as specified in division (B) of this	4166
section, and in addition any one of the following groups of facts:	4167

(1) That the child has been a resident of the school district	4168
for the last two years, has diligently attended upon instruction	4169
at school for the last two years, and is able to read, write, and	4170
perform the fundamental operations of arithmetic. These abilities	4171
shall be judged by the superintendent.	4172

(2) That the child having been a resident of the school	4173
district less than two years, ~~diligently~~ attended ~~upon instruction~~	4174
in school in the district in which the child was a resident ~~next~~	4175
~~preceding the child's residence in the present district~~ for the	4176
last school year preceding the child's ~~removal to~~residence in the	4177
present district, and has diligently attended ~~upon instruction in~~	4178
the schools of the present district for the period that the child	4179
has been a resident thereof;	4180

(3) That the child has ~~removed to~~resided in the present	4181
school district since the beginning of the last annual school	4182
session, and that instruction adapted to the child's needs is not	4183
provided in the regular day schools in the district;	4184

(4) ~~That the child is not sufficiently familiar with the~~	4185
~~English language to be properly instructed in the full-time day~~	4186
~~schools of the district;~~	4187

~~(5)~~ That conditions are such that the child must provide for	4188
the child's own support or the support of the child's own child or	4189
that the child is needed for the support or care of parents or for	4190
the support or care of brothers or sisters for whom the parents	4191
are unable to provide and that the child is desirous of working	4192
for the support or care of self or of the child's own child or of	4193
such parents or siblings and that such child cannot render such	4194
needed support or care by a reasonable effort outside of school	4195
hours; but no age and schooling certificate shall be granted to a	4196
child of this group upon proof of such facts without written	4197
consent given to the superintendent by the juvenile judge and by	4198
the department of job and family services.	4199

(B)~~(1)~~ In case the certificate is granted under division	4200
(A)~~(1), (2), (3), or (5)~~ of this section, that until reaching the	4201
age of eighteen years the child will diligently attend in addition	4202
to part-time classes, such evening classes as will add to the	4203
child's education for literacy, citizenship, or vocational	4204
preparation which may be made available to the child in the school	4205
district and which the child may be directed to attend by the	4206
superintendent, or in case no such classes are available, that the	4207
child will pursue such reading and study and report monthly	4208
thereon as may be directed by the superintendent;	4209

~~(2) In case the certificate is granted under division (A)(4)~~	4210
~~of this section, that until the age of eighteen years the child~~	4211
~~will attend in addition to part-time classes, such evening classes~~	4212
~~as will assist the child to learn the English language or advance~~	4213
~~in Americanization which may be made available to the child in the~~	4214
~~school district and which the child may be directed to attend by~~	4215
~~the superintendent~~.	4216

Sec. 3333.041. (A) On or before the last day of December of	4217
each year, the chancellor of the Ohio board of regents shall	4218
submit to the governor and, in accordance with section 101.68 of	4219
the Revised Code, the general assembly a report or reports	4220
concerning all of the following:	4221

(1) The status of graduates of Ohio school districts at state	4222
institutions of higher education during the twelve-month period	4223
ending on the thirtieth day of September of the current calendar	4224
year. The report shall list, by school district, the number of	4225
graduates of each school district who attended a state institution	4226
of higher education and the percentage of each district's	4227
graduates enrolled in a state institution of higher education	4228
during the reporting period who were required during such period	4229
by the college or university, as a prerequisite to enrolling in	4230
those courses generally required for first-year students, to	4231
enroll in a remedial course in English, including composition or	4232
reading, mathematics, and any other area designated by the	4233
chancellor. The chancellor also shall make the information	4234
described in division (A)(1) of this section available to the	4235
board of education of each city, exempted village, and local	4236
school district.	4237

Each state institution of higher education shall, by the	4238
first day of November of each year, submit to the chancellor in	4239
the form specified by the chancellor the information the	4240
chancellor requires to compile the report.	4241

(2) Aggregate academic growth data for students assigned to	4242
graduates of teacher preparation programs approved under section	4243
3333.048 of the Revised Code who teach English language arts or	4244
mathematics in any of grades four to eight in a public school in	4245
Ohio. For this purpose, the chancellor shall use the value-added	4246
progress dimension prescribed by section 3302.021 of the Revised	4247
Code or the alternative student academic progress measure if	4248
adopted under division (C)(1)(e) of section 3302.03 of the Revised	4249
Code. The chancellor shall aggregate the data by graduating class	4250
for each approved teacher preparation program, except that if a	4251
particular class has ten or fewer graduates to which this section	4252
applies, the chancellor shall report the data for a group of	4253
classes over a three-year period. In no case shall the report	4254
identify any individual graduate. The department of education	4255
shall share any data necessary for the report with the chancellor.	4256

(3) The following information with respect to the Ohio	4257
tuition trust authority:	4258

(a) The name of each investment manager that is a minority	4259
business enterprise or a women's business enterprise with which	4260
the chancellor contracts;	4261

(b) The amount of assets managed by investment managers that	4262
are minority business enterprises or women's business enterprises,	4263
expressed as a percentage of assets managed by investment managers	4264
with which the chancellor has contracted;	4265

(c) Efforts by the chancellor to increase utilization of	4266
investment managers that are minority business enterprises or	4267
women's business enterprises.	4268

(4) A description of ~~dual enrollment~~advanced standing	4269
programs, as defined in section 3313.6013 of the Revised Code,	4270
that are offered by school districts, community schools	4271
established under Chapter 3314. of the Revised Code, STEM schools	4272
established under Chapter 3326. of the Revised Code,	4273
college-preparatory boarding schools established under Chapter	4274
3328. of the Revised Code, and chartered nonpublic high schools.	4275
The chancellor also shall post the information on the chancellor's	4276
web site.	4277

(5) The chancellor's strategy in assigning choose Ohio first	4278
scholarships, as established under section 3333.61 of the Revised	4279
Code, among state universities and colleges and how the actual	4280
awards fit that strategy.	4281

(6) The academic and economic impact of the Ohio	4282
co-op/internship program established under section 3333.72 of the	4283
Revised Code. At a minimum, the report shall include the	4284
following:	4285

(a) Progress and performance metrics for each initiative that	4286
received an award in the previous fiscal year;	4287

(b) Economic indicators of the impact of each initiative, and	4288
all initiatives as a whole, on the regional economies and the	4289
statewide economy;	4290

(c) The chancellor's strategy in allocating awards among	4291
state institutions of higher education and how the actual awards	4292
fit that strategy.	4293

(B) As used in this section:

4294

(1) "Minority business enterprise" has the same meaning as in	4295
section 122.71 of the Revised Code.	4296

(2) "State institution of higher education" and "state	4297
university" have the same meanings as in section 3345.011 of the	4298
Revised Code.	4299

(3) "State university or college" has the same meaning as in	4300
section 3345.12 of the Revised Code.	4301

(4) "Women's business enterprise" means a business, or a	4302
partnership, corporation, limited liability company, or joint	4303
venture of any kind, that is owned and controlled by women who are	4304
United States citizens and residents of this state.	4305

Sec. 3333.35. The state board of education and the	4306
chancellor of the Ohio board of regents shall strive to reduce	4307
unnecessary student remediation costs incurred by colleges and	4308
universities in this state, increase overall access for students	4309
to higher education, enhance the ~~post-secondary enrollment options~~	4310
college credit plus program in accordance with Chapter 3365. of	4311
the Revised Code, and enhance the alternative resident educator	4312
licensure program in accordance with section 3319.26 of the	4313
Revised Code.	4314

Sec. 3333.43. This section does not apply to any	4315
baccalaureate degree program that is a cooperative education	4316
program, as defined in section 3333.71 of the Revised Code.	4317

(A) The chancellor of the Ohio board of regents shall require	4318
all state institutions of higher education that offer	4319
baccalaureate degrees, as a condition of reauthorization for	4320
certification of each baccalaureate program offered by the	4321
institution, to submit a statement describing how each major for	4322
which the school offers a baccalaureate degree may be completed	4323
within three academic years. The chronology of the statement shall	4324
begin with the fall semester of a student's first year of the	4325
baccalaureate program.	4326

(B) The statement required under this section may include,	4327
but not be limited to, any of the following methods to contribute	4328
to earning a baccalaureate degree in three years:	4329

(1) Advanced placement credit;

4330

(2) International baccalaureate program credit;

4331

(3) A waiver of degree and credit-hour requirements by	4332
completion of courses that are widely available at community	4333
colleges in the state or through online programs offered by state	4334
institutions of higher education or private nonprofit institutions	4335
of higher education holding certificates of authorization under	4336
Chapter 1713. of the Revised Code, and through courses taken by	4337
the student through the ~~post-secondary enrollment options~~college	4338
credit plus program under Chapter 3365. of the Revised Code;	4339

(4) Completion of coursework during summer sessions;

4340

(5) A waiver of foreign-language degree requirements based on	4341
a proficiency examination specified by the institution.	4342

(C)(1) Not later than October 15, 2012, each state	4343
institution of higher education shall provide statements required	4344
under this section for ten per cent of all baccalaureate degree	4345
programs offered by the institution.	4346

(2) Not later than June 30, 2014, each state institution of	4347
higher education shall provide statements required under this	4348
section for sixty per cent of all baccalaureate degree programs	4349
offered by the institution.	4350

(D) Each state institution of higher education required to	4351
submit statements under this section shall post its three-year	4352
option on its web site and also provide that information to the	4353
department of education. The department shall distribute that	4354
information to the superintendent, high school principal, and	4355
guidance counselor, or equivalents, of each school district,	4356
community school established under Chapter 3314. of the Revised	4357
Code, and STEM school established under Chapter 3326. of the	4358
Revised Code.	4359

(E) Nothing in this section requires an institution to take	4360
any action that would violate the requirements of any independent	4361
association accrediting baccalaureate degree programs.	4362

Sec. 3333.86. The chancellor of the Ohio board of regents	4363
may determine the manner in which a course included in the	4364
clearinghouse may be offered as ~~a dual enrollment~~an advanced	4365
standing program as defined in section 3313.6013 of the Revised	4366
Code, may be offered to students who are enrolled in nonpublic	4367
schools or are instructed at home pursuant to section 3321.04 of	4368
the Revised Code, or may be offered at times outside the normal	4369
school day or school week, including any necessary additional fees	4370
and methods of payment for a course so offered.	4371

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	4372
section, a graduate of the twelfth grade shall be entitled to	4373
admission without examination to any college or university which	4374
is supported wholly or in part by the state, but for unconditional	4375
admission may be required to complete such units not included in	4376
the graduate's high school course as may be prescribed, not less	4377
than two years prior to the graduate's entrance, by the faculty of	4378
the institution.	4379

(B) Beginning with the 2014-2015 academic year, each state	4380
university listed in section 3345.011 of the Revised Code, except	4381
for Central state university, Shawnee state university, and	4382
Youngstown state university, shall permit a resident of this state	4383
who entered ninth grade for the first time on or after July 1,	4384
2010, to begin undergraduate coursework at the university only if	4385
the person has successfully completed the Ohio core curriculum for	4386
high school graduation prescribed in division (C) of section	4387
3313.603 of the Revised Code, unless one of the following applies:	4388

(1) The person has earned at least ten semester hours, or the	4389
equivalent, at a community college, state community college,	4390
university branch, technical college, or another post-secondary	4391
institution except a state university to which division (B) of	4392
this section applies, in courses that are college-credit-bearing	4393
and may be applied toward the requirements for a degree. The	4394
university shall grant credit for successful completion of those	4395
courses pursuant to any applicable articulation and transfer	4396
policy of the Ohio board of regents or any agreements the	4397
university has entered into in accordance with policies and	4398
procedures adopted under section 3333.16, ~~3313.161~~3333.161, or	4399
3333.162 of the Revised Code. The university may count college	4400
credit that the student earned while in high school through the	4401
~~post-secondary enrollment options~~college credit plus program	4402
under Chapter 3365. of the Revised Code, or through other ~~dual~~	4403
~~enrollment~~advanced standing programs, toward the requirements of	4404
division (B)(1) of this section if the credit may be applied	4405
toward a degree.	4406

(2) The person qualified to graduate from high school under	4407
division (D) or (F) of section 3313.603 of the Revised Code and	4408
has successfully completed the topics or courses that the person	4409
lacked to graduate under division (C) of that section at any	4410
post-secondary institution or at a summer program at the state	4411
university. A state university may admit a person for enrollment	4412
contingent upon completion of such topics or courses or summer	4413
program.	4414

(3) The person met the high school graduation requirements by	4415
successfully completing the person's individualized education	4416
program developed under section 3323.08 of the Revised Code.	4417

(4) The person is receiving or has completed the final year	4418
of instruction at home as authorized under section 3321.04 of the	4419
Revised Code, or has graduated from a nonchartered, nonpublic	4420
school in Ohio, and demonstrates mastery of the academic content	4421
and skills in reading, writing, and mathematics needed to	4422
successfully complete introductory level coursework at an	4423
institution of higher education and to avoid remedial coursework.	4424

(5) The person is a high school student participating in the	4425
~~post-secondary enrollment options~~college credit plus program	4426
under Chapter 3365. of the Revised Code or another ~~dual enrollment~~	4427
advanced standing program.	4428

(C) A state university subject to division (B) of this	4429
section may delay admission for or admit conditionally an	4430
undergraduate student who has successfully completed the Ohio core	4431
curriculum if the university determines the student requires	4432
academic remedial or developmental coursework. The university may	4433
delay admission pending, or make admission conditional upon, the	4434
student's successful completion of the academic remedial or	4435
developmental coursework at a university branch, community	4436
college, state community college, or technical college.	4437

(D) This section does not deny the right of a college of law,	4438
medicine, or other specialized education to require college	4439
training for admission, or the right of a department of music or	4440
other art to require particular preliminary training or talent.	4441

Sec. 3365.01. As used in this chapter:

4442

(A) "Articulated credit" means post-secondary credit that is	4443
reflected on the official record of a student at an institution of	4444
higher education only upon enrollment at that institution after	4445
graduation from a secondary school.	4446

(B) "Default ceiling amount" means one of the following	4447
amounts, whichever is applicable:	4448

(1) For a participant enrolled in a college operating on a	4449
semester schedule, the amount calculated according to the	4450
following formula:	4451

((0.83 X formula amount) / 30)	4453

X number of enrolled credit hours	4454

(2) For a participant enrolled in a college operating on a	4455
quarter schedule, the amount calculated according to the following	4456
formula:	4457

((0.83 X formula amount) / 45)	4459

X number of enrolled credit hours	4460

(C) "Default floor amount" means twenty-five per cent of the	4461
default ceiling amount.	4462

(D) "Fee" means any course-related fee and any other fee	4463
imposed by the college, but not included in tuition, for	4464
participation in the program established by this chapter.	4465

(E) "Formula amount" has the same meaning as in section	4466
3317.02 of the Revised Code.	4467

(F) "Governing entity" means a board of education of a school	4468
district, a governing authority of a community school established	4469
under Chapter 3314., a governing body of a STEM school established	4470
under Chapter 3326., or a board of trustees of a	4471
college-preparatory boarding school established under Chapter	4472
3328. of the Revised Code.	4473

(G) "Home-instructed participant" means a student who has	4474
been excused from the compulsory attendance law for the purpose of	4475
home instruction under section 3321.04 of the Revised Code, and is	4476
participating in the program established by this chapter.	4477

(H) "Maximum per participant charge amount" means one of the	4478
following amounts, whichever is applicable:	4479

(1) For a participant enrolled in a college operating on a	4480
semester schedule, the amount calculated according to the	4481
following formula:	4482

((formula amount / 30)	4483

X number of enrolled credit hours)	4484

- default ceiling amount	4485

(2) For a participant enrolled in a college operating on a	4486
quarter schedule, the amount calculated according to the following	4487
formula:	4488

((formula amount / 45)	4489

X number of enrolled credit hours)	4490

– default ceiling amount	4491

(I) "Nonpublic secondary school" means a chartered or	4492
nonchartered school for which minimum standards are prescribed by	4493
the state board of education pursuant to division (D) of section	4494
3301.07 of the Revised Code.	4495

(J) "Number of enrolled credit hours" means the number of	4496
credit hours for a course in which a participant is enrolled	4497
during the previous term after the date on which a withdrawal from	4498
a course would have negatively affected the participant's	4499
transcripted grade, as prescribed by the college's established	4500
withdrawal policy.	4501

(K) "Parent" has the same meaning as in section 3313.64 of	4502
the Revised Code.	4503

(L) "Participant" means any student enrolled in a college	4504
under the program established by this chapter.	4505

(M) "Partnering college" means a college with which a public	4506
or nonpublic secondary school has entered into an agreement in	4507
order to offer the program established by this chapter.	4508

(N) "Partnering secondary school" means a public or nonpublic	4509
secondary school with which a college has entered into an	4510
agreement in order to offer the program established by this	4511
chapter.	4512

(O) "Private college" means any of the following:

4513

(1) A nonprofit institution holding a certificate of	4514
authorization pursuant to Chapter 1713. of the Revised Code;	4515

(2) An institution holding a certificate of registration from	4516
the state board of career colleges and schools and program	4517
authorization for an associate or bachelor's degree program issued	4518
under section 3332.05 of the Revised Code;	4519

(3) A private institution exempt from regulation under	4520
Chapter 3332. of the Revised Code as prescribed in section	4521
3333.046 of the Revised Code.	4522

(P) "Public college" means a "state institution of higher	4523
education" in section 3345.011 of the Revised Code, excluding the	4524
northeast Ohio medical university.	4525

(Q) "Public secondary school" means a school serving grades	4526
nine through twelve in a city, local, or exempted village school	4527
district, a joint vocational school district, a community school	4528
established under Chapter 3314., a STEM school established under	4529
Chapter 3326., or a college-preparatory boarding school	4530
established under Chapter 3328. of the Revised Code.	4531

(R) "School year" has the same meaning as in section 3313.62	4532
of the Revised Code.	4533

(S) "Secondary grade" means any of grades nine through	4534
twelve.	4535

(T) "Transcripted credit" means post-secondary credit that is	4536
conferred by an institution of higher education and is reflected	4537
on a student's official record at that institution upon completion	4538
of a course.	4539

Sec. 3365.02. (A) There is hereby established the college	4540
credit plus program under which, beginning with the 2015-2016	4541
school year, a secondary grade student who is a resident of this	4542
state may enroll at a college, on a full- or part-time basis, and	4543
complete nonsectarian, nonremedial courses for high school and	4544
college credit. The program shall govern arrangements in which a	4545
secondary grade student enrolls in a college and, upon successful	4546
completion of coursework taken under the program, receives	4547
transcripted credit from the college, except for any of the	4548
following:	4549

(1) An agreement governing an early college high school	4550
program that meets any of the exemption criteria under division	4551
(E) of section 3313.6013 of the Revised Code;	4552

(2) An advanced placement course or international	4553
baccalaureate diploma course, as described in divisions (A)(2) and	4554
(3) of section 3313.6013 of the Revised Code;	4555

(3) A career-technical education program that is approved by	4556
the department of education under section 3317.161 of the Revised	4557
Code and grants articulated credit to students participating in	4558
that program.	4559

(B) Any student enrolled in a public or nonpublic secondary	4560
school in the student's ninth, tenth, eleventh, or twelfth grade	4561
and any student who has been excused from the compulsory	4562
attendance law for the purpose of home instruction under section	4563
3321.04 of the Revised Code and is the equivalent of a ninth,	4564
tenth, eleventh, or twelfth grade student, may participate in the	4565
program, if the student meets the applicable eligibility criteria	4566
in section 3365.03 of the Revised Code.	4567

(C) All public secondary schools and all public colleges	4568
shall participate in the program and are subject to the	4569
requirements of this chapter. Any nonpublic secondary school or	4570
private college that chooses to participate in the program shall	4571
also be subject to the requirements of this chapter.	4572

(D) The state board of education, in accordance with Chapter	4573
119. of the Revised Code and in consultation with the chancellor	4574
of the Ohio board of regents, shall adopt rules governing the	4575
program.	4576

Sec. 3365.03. (A) A student enrolled in a public or nonpublic	4577
secondary school during the student's ninth, tenth, eleventh, or	4578
twelfth grade school year or a student who has been excused from	4579
the compulsory attendance law for the purpose of home instruction	4580
under section 3321.04 of the Revised Code and is the equivalent of	4581
a ninth, tenth, eleventh, or twelfth grade student, may apply to	4582
and enroll in a college under the college credit plus program.	4583

(1) In order for a public secondary school student to	4584
participate in the program, all of the following criteria shall be	4585
met:	4586

(a) The student or the student's parent shall inform the	4587
principal, or equivalent, of the student's school by the first day	4588
of April of the student's intent to participate in the program	4589
during the following school year. Any student who fails to provide	4590
the notification by the required date may not participate in the	4591
program during the following school year without the written	4592
consent of the principal, or equivalent.	4593

(b) The student shall both:

4594

(i) Apply to a public or a participating private college in	4595
accordance with the college's established procedures for	4596
admission, pursuant to section 3365.05 of the Revised Code;	4597

(ii) Meet the college's established standards for admission	4598
and for course placement, including course-specific capacity	4599
limitations, pursuant to section 3365.05 of the Revised Code.	4600

(c) The student shall elect at the time of enrollment to	4601
participate under either division (A) or (B) of section 3365.06 of	4602
the Revised Code for each course under the program.	4603

(d) The student and the student's parent shall sign a form,	4604
provided by the school, stating that they have received the	4605
counseling required under division (B) of section 3365.04 of the	4606
Revised Code and that they understand the responsibilities they	4607
must assume in the program.	4608

(2) In order for a nonpublic secondary school or	4609
home-instructed student to participate in the program, both of the	4610
following criteria shall be met:	4611

(a) The student shall meet the criteria in divisions	4612
(A)(1)(b) and (c) of this section.	4613

(b) The student shall satisfy all application procedures and	4614
standards established in rules adopted by the state board of	4615
education, in consultation with the chancellor of the Ohio board	4616
of regents, pursuant to section 3365.071 of the Revised Code.	4617

(B) Except as provided for in division (C) of this section	4618
and in sections 3365.031 and 3365.032 of the Revised Code:	4619

(1) No public secondary school shall prohibit a student	4620
enrolled in that school from participating in the program if that	4621
student meets all of the criteria in division (A)(1) of this	4622
section.	4623

(2) No participating nonpublic secondary school shall	4624
prohibit a student enrolled in that school from participating in	4625
the program if the student meets all of the criteria in division	4626
(A)(2) of this section and, if the student is enrolled under	4627
division (B) of section 3365.06 of the Revised Code, the student	4628
is awarded funding from the department in accordance with rules	4629
adopted by the state board, in consultation with the chancellor,	4630
pursuant to section 3365.071 of the Revised Code.	4631

(C) For purposes of this section, during the period of an	4632
expulsion imposed by a public secondary school, a student is	4633
ineligible to apply to enroll in a college under this section,	4634
unless the student is admitted to another public secondary or	4635
participating nonpublic secondary school. If a student is enrolled	4636
in a college under this section at the time the student is	4637
expelled, the student's status for the remainder of the college	4638
term in which the expulsion is imposed shall be determined under	4639
section 3365.032 of the Revised Code.	4640

(D) Upon a student's graduation from high school,	4641
participation in the college credit plus program shall not affect	4642
the student's eligibility at any public college for scholarships	4643
or for other benefits or opportunities that are available to	4644
first-time college students and are awarded by that college,	4645
regardless of the number of credit hours that the student	4646
completed under the program.	4647

~~Sec. 3365.06.~~ Sec. 3365.031. (A) A student in grade nine may not	4648
enroll in courses under this chapter for which the student elects	4649
under division (B) of section ~~3365.04~~3365.06 of the Revised Code	4650
to receive credit toward high school graduation for more than the	4651
equivalent of four academic school years. A student enrolling in	4652
courses under this chapter may not enroll in courses in which the	4653
student elects to receive credit toward high school graduation for	4654
more than the equivalent of:	4655

(1) Three academic school years, if the student so enrolls	4656
for the first time in grade ten;	4657

(2) Two academic school years, if the student so enrolls for	4658
the first time in grade eleven;	4659

(3) One academic school year, if the student so enrolls for	4660
the first time in grade twelve.	4661

~~These~~(B) The restrictions prescribed in division (A) of this	4662
section shall be reduced proportionately for any such student who	4663
enrolls in the program during the course of a school year in	4664
accordance with rules adopted under section 3365.02 of the Revised	4665
Code.	4666

~~(B) In considering the admission of any secondary student, a~~	4667
~~college shall give priority to its other students regarding~~	4668
~~enrollment in courses. However, once a student has been accepted~~	4669
~~in a course as a participant, the institution shall not displace~~	4670
~~the participant for another student.~~	4671

~~Sec. 3365.041.~~ Sec. 3365.032. (A) When a ~~school district~~	4672
~~superintendent, the governing authority of a community school, or~~	4673
~~the chief administrative officer of a STEM~~public secondary school	4674
expels a student under division (B) of section 3313.66 of the	4675
Revised Code or, for a college-preparatory boarding school	4676
established under Chapter 3328. of the Revised Code, in accordance	4677
with the school's bylaws adopted pursuant to section 3328.13 of	4678
the Revised Code, the ~~district~~ superintendent, ~~governing~~	4679
~~authority, or chief administrative officer~~or equivalent, shall	4680
send a written notice of the expulsion to any college in which the	4681
expelled student is enrolled under section 3365.03 of the Revised	4682
Code at the time the expulsion is imposed. The notice shall	4683
indicate the date the expulsion is scheduled to expire. The notice	4684
also shall indicate whether the ~~district board of education,~~	4685
~~community school governing authority, or the STEM~~ school has	4686
adopted a policy under section 3313.613 of the Revised Code or,	4687
for a college-preparatory boarding school, in accordance with the	4688
school's bylaws adopted pursuant to section 3328.13 of the Revised	4689
Code to deny high school credit for ~~post-secondary~~ courses taken	4690
under the college credit plus program during an expulsion. If the	4691
expulsion is extended under division (F) of section 3313.66 of the	4692
Revised Code or, for a college-preparatory boarding school, in	4693
accordance with the school's bylaws adopted pursuant to section	4694
3328.13 of the Revised Code, the ~~district~~ superintendent,	4695
~~community school governing authority, or STEM school chief~~	4696
~~administrative officer~~or equivalent, shall notify the college of	4697
the extension.	4698

(B) A college may withdraw its acceptance under section	4699
3365.03 of the Revised Code of a student who is expelled from	4700
school under division (B) of section 3313.66 of the Revised Code	4701
or, for a college-preparatory boarding school, in accordance with	4702
the school's bylaws adopted pursuant to section 3328.13 of the	4703
Revised Code. As provided in section 3365.03 of the Revised Code,	4704
regardless of whether the college withdraws its acceptance of the	4705
student for the college term in which the student is expelled, the	4706
student is ineligible to enroll in a college under that section	4707
for subsequent college terms during the period of the expulsion,	4708
unless the student enrolls in another public school ~~district or~~	4709
~~community school,~~ or a participating nonpublic school during that	4710
period.	4711

If a college withdraws its acceptance of an expelled student	4712
who elected either option of division (A)(1) or (2) of section	4713
~~3365.04~~3365.06 of the Revised Code, the college shall refund	4714
tuition and fees paid by the student in the same proportion that	4715
it refunds tuition and fees to students who voluntarily withdraw	4716
from the college at the same time in the term.	4717

If a college withdraws its acceptance of an expelled student	4718
who elected the option of division (B) of section ~~3365.04~~3365.06	4719
of the Revised Code, the public school ~~district, community school,~~	4720
~~or STEM school~~ shall not award high school credit for the college	4721
courses in which the student was enrolled at the time the college	4722
withdrew its acceptance, and any reimbursement under section	4723
3365.07 of the Revised Code ~~or through alternative funding~~	4724
~~agreements entered into under rules adopted under section 3365.12~~	4725
~~of the Revised Code~~ for the student's attendance prior to the	4726
withdrawal shall be the same as would be paid for a student who	4727
voluntarily withdrew from the college at the same time in the	4728
term. If the withdrawal results in the college's receiving no	4729
reimbursement, the college or secondary school may require the	4730
student to return or pay for ~~the~~any textbooks and materials it	4731
provided the student free of charge ~~under section 3365.08 of the~~	4732
~~Revised Code~~.	4733

(C) When a student who elected the option of division (B) of	4734
section ~~3365.04~~3365.06 of the Revised Code is expelled under	4735
division (B) of section 3313.66 of the Revised Code or, for a	4736
college-preparatory boarding school, in accordance with the	4737
school's bylaws adopted pursuant to section 3328.13 of the Revised	4738
Code from a public school ~~district, community school, or STEM~~	4739
~~school~~ that has adopted a policy under section 3313.613 of the	4740
Revised Code or, for a college-preparatory boarding school, in	4741
accordance with the school's bylaws adopted pursuant to section	4742
3328.13 of the Revised Code to deny high school credit for courses	4743
taken under the college credit plus program during an expulsion,	4744
that election is automatically revoked for all college courses in	4745
which the student is enrolled during the college term in which the	4746
expulsion is imposed. Any reimbursement under section 3365.07 of	4747
the Revised Code ~~or through alternative funding agreements entered~~	4748
~~into under rules adopted under section 3365.12 of the Revised Code~~	4749
for the student's attendance prior to the expulsion shall be the	4750
same as would be paid for a student who voluntarily withdrew from	4751
the college at the same time in the term. If the revocation	4752
results in the college's receiving no reimbursement, the college	4753
or secondary school may require the student to return or pay for	4754
~~the~~any textbooks and materials it provided the student free of	4755
charge ~~under section 3365.08 of the Revised Code~~.	4756

NoNot later than five days after receiving an expulsion	4757
notice from the superintendent ~~of a district, the governing~~	4758
~~authority of a community school, or the chief administrative~~	4759
~~officer of a STEM~~, or equivalent, of a public school that has	4760
adopted a policy under section 3313.613 of the Revised Code or,	4761
for a college-preparatory boarding school, in accordance with the	4762
school's bylaws adopted pursuant to section 3328.13 of the Revised	4763
Code, the college shall send a written notice to the expelled	4764
student that the student's election of division (B) of section	4765
~~3365.04~~3365.06 of the Revised Code is revoked. If the college	4766
elects not to withdraw its acceptance of the student, the student	4767
shall pay all applicable tuition and fees for the college courses	4768
and shall pay for ~~the~~any textbooks and materials that the college	4769
or secondary school provided ~~under section 3365.08 of the Revised~~	4770
~~Code~~to the student.	4771

Sec. 3365.04. Each public and participating nonpublic	4772
secondary school shall do all of the following with respect to the	4773
college credit plus program:	4774

(A) Provide information about the program prior to the first	4775
day of March of each year to all students enrolled in grades eight	4776
through eleven;	4777

(B) Provide counseling services to students in grades eight	4778
through eleven and to their parents before the students	4779
participate in the program under this chapter to ensure that	4780
students and parents are fully aware of the possible consequences	4781
and benefits of participation. Counseling information shall	4782
include:	4783

(1) Program eligibility;

4784

(2) The process for granting academic credits;

4785

(3) Any necessary financial arrangements for tuition,	4786
textbooks, and fees;	4787

(4) Criteria for any transportation aid;

4788

(5) Available support services;

4789

(6) Scheduling;

4790

(7) Communicating the possible consequences and benefits of	4791
participation, including all of the following:	4792

(a) The consequences of failing or not completing a course	4793
under the program, including the effect on the student's ability	4794
to complete the secondary school's graduation requirements;	4795

(b) The effect of the grade attained in a course under the	4796
program being included in the student's grade point average, as	4797
applicable;	4798

(c) The benefits to the student for successfully completing a	4799
course under the program, including the ability to reduce the	4800
overall costs of, and the amount of time required for, a college	4801
education.	4802

(8) The academic and social responsibilities of students and	4803
parents under the program;	4804

(9) Information about and encouragement to use the counseling	4805
services of the college in which the student intends to enroll;	4806

(10) The standard packet of information for the program	4807
developed by the chancellor of the Ohio board of regents pursuant	4808
to section 3365.15 of the Revised Code;	4809

For a participating nonpublic secondary school, counseling	4810
information shall also include an explanation that funding may be	4811
limited and that not all students who wish to participate may be	4812
able to do so.	4813

(C) Promote the program on the school's web site, including	4814
the details of the school's current agreements with partnering	4815
colleges;	4816

(D) Schedule at least one informational session per school	4817
year to allow each partnering college that is located within	4818
thirty miles of the school to meet with interested students and	4819
parents. The session shall include the benefits and consequences	4820
of participation and shall outline any changes or additions to the	4821
requirements of the program. If there are no partnering colleges	4822
located within thirty miles of the school, the school shall	4823
coordinate with the closest partnering college to offer an	4824
informational session.	4825

(E) Implement a policy for the awarding of grades and the	4826
calculation of class standing for courses taken under division	4827
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	4828
adopted under this division shall be equivalent to the school's	4829
current policy for courses taken under the advanced standing	4830
programs described in divisions (A)(2) and (3) of section	4831
3313.6013 of the Revised Code. If the current policy includes	4832
awarding a weighted grade or enhancing a student's class standing	4833
for courses taken under these programs, the policy adopted under	4834
this section shall also provide for these procedures to be applied	4835
to courses taken under the college credit plus program.	4836

(F) Develop model course pathways, pursuant to section	4837
3365.13 of the Revised Code, and publish the course pathways among	4838
the school's official list of course offerings for the program.	4839

(G) Annually collect, report, and track specified data	4840
related to the program according to data reporting guidelines	4841
adopted by the chancellor and the superintendent of public	4842
instruction pursuant to section 3365.15 of the Revised Code.	4843

Sec. 3365.05. Each public and participating private college	4844
shall do all of the following with respect to the college credit	4845
plus program:	4846

(A) Apply established standards and procedures for admission	4847
to the college and for course placement for participants. When	4848
determining admission and course placement, the college shall do	4849
all of the following:	4850

(1) Consider all available student data that may be an	4851
indicator of college readiness, including grade point average and	4852
end-of-course examination scores, if applicable;	4853

(2) Give priority to its current students regarding	4854
enrollment in courses. However, once a participant has been	4855
accepted into a course, the college shall not displace the	4856
participant for another student.	4857

(3) Adhere to any capacity limitations that the college has	4858
established for specified courses.	4859

(B) Send written notice to a participant, the participant's	4860
parent, the participant's secondary school, and the superintendent	4861
of public instruction, not later than fourteen calendar days prior	4862
to the first day of classes for that term, of the participant's	4863
admission to the college and to specified courses under the	4864
program.	4865

(C) Provide both of the following, not later than twenty-one	4866
calendar days after the first day of classes for that term, to	4867
each participant, participant's secondary school, and the	4868
superintendent of public instruction:	4869

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

4870

(2) The option elected by the participant under division (A)	4871
or (B) of section 3365.06 of the Revised Code for each course.	4872

The college shall also provide to each partnering school a	4873
roster of participants from that school that are enrolled in the	4874
college and a list of course assignments for each participant.	4875

(D) Promote the program on the college's web site, including	4876
the details of the college's current agreements with partnering	4877
secondary schools.	4878

(E) Coordinate with each partnering secondary school that is	4879
located within thirty miles of the college to present at least one	4880
informational session per school year for interested students and	4881
parents. The session shall include the benefits and consequences	4882
of participation and shall outline any changes or additions to the	4883
requirements of the program. If there are no partnering schools	4884
located within thirty miles of the college, the college shall	4885
coordinate with the closest partnering school to offer an	4886
informational session.	4887

(F) Assign an academic advisor that is employed by the	4888
college to each participant enrolled in that college. Prior to the	4889
date on which a withdrawal from a course would negatively affect a	4890
participant's transcripted grade, as prescribed by the college's	4891
established withdrawal policy, the college shall ensure that the	4892
academic advisor and the participant meet at least once to discuss	4893
the program and the courses in which the participant is enrolled.	4894

(G) Do both of the following with regard to high school	4895
teachers that are teaching courses for the college at a secondary	4896
school under the program:	4897

(1) Provide at least one professional development session per	4898
school year;	4899

(2) Conduct at least one classroom observation per school	4900
year for each course that is authorized by the college and taught	4901
by a high school teacher to ensure that the course meets the	4902
quality of a college-level course.	4903

(H) Annually collect, report, and track specified data	4904
related to the program according to data reporting guidelines	4905
adopted by the chancellor and the superintendent of public	4906
instruction pursuant to section 3365.15 of the Revised Code.	4907

~~Sec. 3365.04.~~ Sec. 3365.06. The rules adopted under section	4908
3365.02 of the Revised Code shall provide for ~~students~~	4909
participants to enroll in courses under either of the following	4910
options:	4911

(A) The ~~student~~participant may elect at the time of	4912
enrollment to be responsible for payment of all tuition and the	4913
cost of all textbooks, materials, and fees associated with the	4914
course. The college shall notify the ~~student~~participant about	4915
payment of tuition and fees in the customary manner followed by	4916
the college. A ~~student~~participant electing this option also shall	4917
elect, at the time of enrollment, whether to receive only college	4918
credit or high school credit and college credit for the course.	4919

(1) The ~~student~~participant may elect to receive only college	4920
credit for the course. Except as provided in section ~~3365.041~~	4921
3365.032 of the Revised Code, if the ~~student~~participant	4922
successfully completes the course, the college shall award the	4923
~~student~~participant full credit for the course, but the ~~board of~~	4924
~~education, community school governing authority, STEM~~governing	4925
entity of a public secondary school, or ~~nonpublic~~the governing	4926
body of a participating nonpublic secondary school shall not award	4927
the high school credit.	4928

(2) The ~~student~~participant may elect to receive both high	4929
school credit and college credit for the course. Except as	4930
provided in section ~~3365.041~~3365.032 of the Revised Code, if the	4931
~~student~~participant successfully completes the course, the college	4932
shall award the ~~student~~participant full credit for the course and	4933
the ~~board of education, community school governing authority, STEM~~	4934
governing entity of a public school, or the governing body of a	4935
participating nonpublic school shall award the ~~student~~participant	4936
high school credit.	4937

(B) The ~~student~~participant may elect at the time of	4938
enrollment for each course to have the college reimbursed under	4939
section 3365.07 of the Revised Code ~~or as provided in alternative~~	4940
~~funding agreements entered into under rules adopted under section~~	4941
~~3365.12 of the Revised Code~~. Except as provided in section	4942
~~3365.041~~3365.032 of the Revised Code, if the ~~student~~participant	4943
successfully completes the course, the college shall award the	4944
~~student~~participant full credit for the course,and the ~~board of~~	4945
~~education, community school governing authority, STEM~~governing	4946
entity of a public school, or the governing body of a	4947
participating nonpublic school shall award the ~~student~~participant	4948
high school credit~~, and the college shall be reimbursed in~~	4949
~~accordance with section 3365.07 of the Revised Code or alternative~~	4950
~~funding agreements entered into under rules adopted under section~~	4951
~~3365.12 of the Revised Code~~. If the participant elects to have the	4952
college reimbursed under this division, the department shall	4953
reimburse the college for the number of enrolled credit hours in	4954
accordance with section 3365.07 of the Revised Code.	4955

When determining a school district's ~~formula ADM~~enrollment	4956
under section 3317.03 of the Revised Code, the time a participant	4957
is attending courses under division (A) of this section shall be	4958
considered as time the participant is not attending or enrolled in	4959
school anywhere, and the time a participant is attending courses	4960
under division (B) of this section shall be considered as time the	4961
participant is attending or enrolled in the district's schools.	4962

Sec. 3365.07. The department of education shall calculate	4963
and pay state funds to colleges for participants in the college	4964
credit plus program under division (B) of section 3365.06 of the	4965
Revised Code pursuant to this section. For a nonpublic secondary	4966
school or home-instructed participant, the department shall pay	4967
state funds pursuant to this section only if that participant is	4968
awarded funding according to rules adopted by the state board of	4969
education, in consultation with the chancellor of the Ohio board	4970
of regents, pursuant to section 3365.071 of the Revised Code. The	4971
program shall be the sole mechanism by which state funds are paid	4972
to colleges for students to earn college-level credit while	4973
enrolled in a secondary school, with the exception of the programs	4974
listed in division (A) of section 3365.02 of the Revised Code.	4975

(A) For each public or nonpublic secondary school participant	4976
enrolled in a public college:	4977

(1) If no agreement has been entered into under division	4978
(A)(2) of this section, both of the following shall apply:	4979

(a) The department shall pay to the college the applicable	4980
amount as follows:	4981

(i) For a participant enrolled in a college course delivered	4982
on the college campus, at another location operated by the	4983
college, or online, the default ceiling amount;	4984

(ii) For a participant enrolled in a college course delivered	4985
at the participant's secondary school but taught by college	4986
faculty, fifty per cent of the default ceiling amount;	4987

(iii) For a participant enrolled in a college course	4988
delivered at the participant's secondary school and taught by a	4989
high school teacher who has met the credential requirements	4990
established for purposes of the program in rules adopted by the	4991
chancellor of the Ohio board of regents, the default floor amount.	4992

(b) The participant's secondary school shall pay for	4993
textbooks, and the college shall waive payment of all other fees	4994
related to participation in the program.	4995

(2) The governing entity of a participant's secondary school	4996
and the college may enter into an agreement to establish an	4997
alternative payment structure for tuition, textbooks, and fees.	4998
Under such an agreement, payments for each participant made by the	4999
department shall be not less than the default floor amount and not	5000
more than the default ceiling amount.	5001

(3) No participant that is enrolled in a public college shall	5002
be charged for any tuition, textbooks, or other fees related to	5003
participation in the program.	5004

(B) For each public secondary school participant enrolled in	5005
a private college:	5006

(1) If no agreement has been entered into under division	5007
(B)(2) of this section, the department shall pay to the college	5008
the applicable amount calculated in the same manner as in division	5009
(A)(1)(a) of this section.	5010

(2) The governing entity of a participant's secondary school	5011
and the college may enter into an agreement to establish an	5012
alternative payment structure for tuition, textbooks, and fees.	5013
Under such an agreement, payments shall be not less than the	5014
default floor amount and not more than the default ceiling amount.	5015
The agreement may include a stipulation permitting the charging of	5016
a participant. A participant may be charged an amount not to	5017
exceed the maximum per participant charge amount. A participant	5018
may be charged only if all of the following conditions are met:	5019

(a) Payments for the participant made by the department to	5020
the college are not less than the default ceiling amount.	5021

(b) The school provides information to the participant on the	5022
no-cost options available under this chapter.	5023

(c) The participant is not identified as economically	5024
disadvantaged according to rules adopted by the department.	5025

(C) For each nonpublic secondary school participant enrolled	5026
in a private college, the department shall pay to the college the	5027
applicable amount calculated in the same manner as in division	5028
(A)(1)(a) of this section. Payment for costs for the participant	5029
that exceed the amount paid by the department shall be negotiated	5030
by the governing body of the nonpublic secondary school and the	5031
college.	5032

However, under no circumstances shall:

5033

(1) The payments for a participant made by the department	5034
under this division exceed the default ceiling amount.	5035

(2) Any nonpublic secondary school participant, who is	5036
enrolled in that secondary school with a scholarship awarded under	5037
either the educational choice scholarship pilot program, as	5038
prescribed by sections 3310.01 to 3310.17, or the pilot project	5039
scholarship program, as prescribed by sections 3313.974 to	5040
3313.979 of the Revised Code, and who qualifies as a low-income	5041
student under either of those programs, be charged for any	5042
tuition, textbooks, or other fees related to participation in the	5043
college credit plus program.	5044

(D) For each home-instructed participant enrolled in a public	5045
or private college, the department shall pay to the college the	5046
default ceiling amount, if that participant is enrolled in a	5047
college course delivered on the college campus, at another	5048
location operated by the college, or online.	5049

(E) Not later than thirty days after the end of each term,	5050
each college expecting to receive payment for the costs of a	5051
participant under this section shall notify the department of the	5052
number of enrolled credit hours for each participant.	5053

(F) Each January and July, or as soon as possible thereafter,	5054
the department shall make the applicable payments under this	5055
section to each college, which provided proper notification to the	5056
department under division (E) of this section, for the number of	5057
enrolled credit hours for participants enrolled in the college	5058
under division (B) of section 3365.06 of the Revised Code. The	5059
department shall not make any payments to a college under this	5060
section if a participant withdrew from a course prior to the date	5061
on which a withdrawal from the course would have negatively	5062
affected the participant's transcripted grade, as prescribed by	5063
the college's established withdrawal policy.	5064

(1) Payments made for public secondary school participants	5065
under this section shall be deducted from the school foundation	5066
payments made to the participant's school district or, if the	5067
participant is enrolled in a community school, a STEM school, or a	5068
college-preparatory boarding school, from the payments made to	5069
that school under section 3314.08, 3326.33, or 3328.34 of the	5070
Revised Code. If the participant is enrolled in a joint vocational	5071
school district, a portion of the amount shall be deducted from	5072
the payments to the joint vocational school district and a portion	5073
shall be deducted from the payments to the participant's city,	5074
local, or exempted village school district in accordance with the	5075
full-time equivalency of the student's enrollment in each	5076
district. Amounts deducted under division (F)(1) of this section	5077
shall be calculated in accordance with rules adopted by the state	5078
board of education, pursuant to division (B) of section 3365.071	5079
of the Revised Code.	5080

(2) Payments made for nonpublic secondary school and	5081
home-instructed participants under this section shall be deducted	5082
from moneys appropriated by the general assembly for such purpose.	5083
Payments shall be allocated and distributed in accordance with	5084
rules adopted by the state board, in consultation with the	5085
chancellor of the Ohio board of regents, pursuant to division (A)	5086
of section 3365.071 of the Revised Code.	5087

(G) Any public college that enrolls a student under division	5088
(B) of section 3365.06 of the Revised Code may include that	5089
student in the calculation used to determine its state share of	5090
instruction funds appropriated to the Ohio board of regents by the	5091
general assembly.	5092

Sec. 3365.071. (A) The state board of education, in	5093
accordance with Chapter 119. of the Revised Code and in	5094
consultation with the chancellor of the Ohio board of regents,	5095
shall adopt rules prescribing both of the following:	5096

(1) Application procedures and standards for nonpublic	5097
secondary school and home-instructed students who wish to	5098
participate in the college credit plus program.	5099

(2) A method to allocate and distribute payments under	5100
section 3365.07 of the Revised Code for nonpublic secondary school	5101
and home-instructed participants.	5102

(B) The state board shall also adopt rules establishing a	5103
method to calculate the amounts deducted from a joint vocational	5104
school district and from a participant's city, local, or exempted	5105
village school district for payments under section 3365.07 of the	5106
Revised Code.	5107

Sec. 3365.08. (A) ~~A college that expects to receive or~~	5108
~~receives reimbursement under section 3365.07 of the Revised Code~~	5109
~~or through alternative funding agreements entered into under rules~~	5110
~~adopted under section 3365.12 of the Revised Code shall furnish to~~	5111
~~a participant all textbooks and materials directly related to a~~	5112
~~course taken by the participant under division (B) of section~~	5113
~~3365.04 of the Revised Code. No college shall charge such~~	5114
~~participant for tuition, textbooks, materials, or other fees~~	5115
~~directly related to any such course.~~	5116

~~(B)~~ No ~~student~~participant enrolled under this chapter in a	5117
course for which credit toward high school graduation is awarded	5118
shall receive direct financial aid through any state or federal	5119
program.	5120

~~(C)~~(B) If a school district provides transportation for	5121
resident school students in grades eleven and twelve under section	5122
3327.01 of the Revised Code, a parent of a ~~pupil~~participant	5123
enrolled in a course under division (A)(2) or (B) of section	5124
~~3365.04~~3365.06 of the Revised Code may apply to the board of	5125
education for full or partial reimbursement for the necessary	5126
costs of transporting the ~~student~~participant between the	5127
secondary school the ~~student~~participant attends and the college	5128
in which the ~~student~~participant is enrolled. Reimbursement may be	5129
paid solely from funds received by the district for ~~pupil~~student	5130
transportation under section 3317.0212 of the Revised Code or	5131
other provisions of law. The state board of education shall	5132
establish guidelines, based on financial need, under which a	5133
district may provide such reimbursement.	5134

~~(D)~~(C) If a community school provides or arranges	5135
transportation for its ~~pupils~~students in grades nine through	5136
twelve under section 3314.091 of the Revised Code, a parent of a	5137
~~pupil~~participant of the community school who is enrolled in a	5138
course under division (A)(2) or (B) of section ~~3365.04~~3365.06 of	5139
the Revised Code may apply to the governing authority of the	5140
community school for full or partial reimbursement of the	5141
necessary costs of transporting the ~~student~~participant between	5142
the community school and the college. The governing authority may	5143
pay the reimbursement in accordance with the state board's rules	5144
adopted under division ~~(C)~~(B) of this section solely from funds	5145
paid to it under section 3314.091 of the Revised Code.	5146

~~Sec. 3365.11.~~ Sec. 3365.09. (A) IfExcept as provided for in	5147
division (C) of this section, if the superintendent ~~of the school~~	5148
~~district or the chief administrator of the community school or~~	5149
~~STEM~~, or equivalent, of a public secondary school in which a	5150
participant is enrolled determines that the participant has not	5151
attained a passing final grade in a college course in which the	5152
participant enrolled under this chapter, the superintendent, or	5153
~~chief administrator shall~~equivalent, may seek reimbursement from	5154
the participant or the participant's parent for the amount of	5155
state funds paid to the college on behalf of the participant for	5156
that college course. The ~~board of education of the school~~	5157
~~district, the governing authority of the community school, or the~~	5158
~~STEM~~governing entity of a public school, in accordance with	5159
division (C) of section 3313.642 of the Revised Code, may withhold	5160
grades and credits received by the participant for ~~district or~~	5161
~~community~~high school courses taken by the participant until the	5162
participant or the participant's parent provides reimbursement.	5163

(B) IfExcept as provided for in division (C) of this	5164
section, if the chief administrator of ~~the~~a participating	5165
nonpublic school in which a participant is enrolled determines	5166
that the participant has not attained a passing final grade in a	5167
college course in which the participant enrolled under this	5168
chapter, the chief administrator ~~shall~~may seek reimbursement from	5169
the participant or the participant's parent for the amount of	5170
state funds paid to the college on behalf of the participant for	5171
enrollment in that college course. Upon the collection of any	5172
funds from a participant or participant's parent under this	5173
division, the chief administrator of a nonpublic school shall send	5174
an amount equal to the funds collected to the superintendent of	5175
public instruction. The superintendent of public instruction shall	5176
credit that amount to the general revenue fund.	5177

(C) Unless the participant was expelled by the school, the	5178
superintendent, or equivalent, or chief administrator shall not	5179
seek reimbursement from a participant or a participant's parent	5180
under division (A) or (B) of this section, if the participant is	5181
identified as economically disadvantaged according to rules	5182
adopted by the department of education.	5183

Sec. 3365.10. (A) Any public or participating nonpublic	5184
secondary school or any public or participating private college,	5185
including a secondary school and an associated college operating	5186
an early college high school program, may apply to the chancellor	5187
of the Ohio board of regents and the superintendent of public	5188
instruction for a waiver from the requirements of the college	5189
credit plus program. The chancellor and the superintendent may	5190
grant a waiver if the school or college meets all criteria set	5191
forth in rules adopted by the chancellor and the superintendent	5192
pursuant to division (C) of this section.	5193

(B)(1) Except as provided for in division (E) of section	5194
3313.6013 of the Revised Code, any agreement between a public	5195
secondary school and an associated college governing the operation	5196
of an early college high school program shall be subject to the	5197
requirements of the college credit plus program. The chancellor	5198
and the superintendent may grant a waiver under division (A) of	5199
this section for such an agreement only if the agreement does both	5200
of the following:	5201

(a) Includes innovative programming proposed to exclusively	5202
address the needs of underrepresented student subgroups.	5203

(b) Meets all criteria set forth in rules adopted by the	5204
chancellor and the superintendent pursuant to division (C) of this	5205
section.	5206

(2) Any waiver granted under this section for an agreement	5207
governing an early college high school program shall apply only to	5208
that agreement and shall not apply to any other agreement that the	5209
school or college enters into under this chapter.	5210

(C) The chancellor and the superintendent of public	5211
instruction shall jointly adopt rules, in accordance with Chapter	5212
119. of the Revised Code, regarding the granting of waivers under	5213
this section.	5214

(D) As used in this section:

5215

(1) "Associated college" means a public or private college	5216
which has entered into an agreement with a public secondary school	5217
to establish an early college high school program, as described in	5218
section 3313.6013 of the Revised Code, and awards transcripted	5219
credit to students through that program.	5220

(2) "Early college high school program" has the same meaning	5221
as in section 3313.6013 of the Revised Code.	5222

Sec. 3365.11. Each instructor teaching a course under the	5223
college credit plus program shall meet the credential requirements	5224
set forth in guidelines and procedures established by the	5225
chancellor of the Ohio board of regents. If the guidelines require	5226
high school teachers to take any additional graduate-level	5227
coursework in order to meet the credential requirements, that	5228
coursework shall be applicable to continuing education and	5229
professional development requirements for the renewal of the	5230
teacher's educator license.	5231

~~Sec. 3365.05.~~ Sec. 3365.12. (A) All courses offered under the	5232
college credit plus program shall be the same courses that are	5233
included in the partnering college's course catalogue for	5234
college-level, nonremedial courses and shall apply to at least one	5235
degree or professional certification at the partnering college.	5236

(B)(1) High school credit awarded for courses successfully	5237
completed under this chapter shall count toward the graduation	5238
requirements and subject area requirements of the ~~school district,~~	5239
~~community school, STEM~~public secondary school, or participating	5240
nonpublic secondary school. If a course comparable to one a	5241
~~student~~participant completed at a college is offered by the	5242
~~district or~~ school, the ~~board or school~~governing entity or	5243
governing body shall award comparable credit for the course	5244
completed at the college. If no comparable course is offered by	5245
the ~~district or~~ school, the ~~board or school~~governing entity or	5246
governing body shall grant an appropriate number of elective	5247
credits ~~in a similar subject area~~ to the ~~student~~participant.	5248

(2) If there is a dispute between a ~~school district board, a~~	5249
~~community school governing authority, or a STEM~~participant's	5250
school and a ~~student~~participant regarding high school credits	5251
granted for a course, the ~~student~~participant may appeal the	5252
decision to the state board of education. The state board's	5253
decision regarding any high school credits granted under this	5254
section is final.	5255

(C) Evidence of successful completion of each course and the	5256
high school credits awarded by the ~~district or~~ school shall be	5257
included in the student's record. The record shall indicate that	5258
the credits were earned as a participant under this chapter and	5259
shall include the name of the college at which the credits were	5260
earned. ~~The district or school shall determine whether and the~~	5261
~~manner in which the grade achieved in a course completed at a~~	5262
~~college under division (A)(2) or (B) of section 3365.04 of the~~	5263
~~Revised Code will be counted in any cumulative grade point average~~	5264
~~maintained for the student.~~	5265

Sec. 3365.13. (A) Each public secondary school shall	5266
develop, in consultation with at least one public partnering	5267
college, two model pathways for courses offered under the college	5268
credit plus program. One of the model pathways shall be a	5269
fifteen-credit hour pathway and one shall be a thirty-credit hour	5270
pathway. Each pathway shall include courses which, once completed,	5271
all apply to at least one degree or professional certification	5272
offered at the college. The pathways may be organized by desired	5273
major or career path or may include various core courses required	5274
for a degree or professional certification by the college. The	5275
school shall publish the pathways among the school's official list	5276
of course offerings from which a participant may select.	5277

(B) No participant shall be required to enroll only in the	5278
courses included in a model pathway developed under division (A)	5279
of this section. Instead, the pathways shall serve as samples of	5280
the courses that a participant may take, if desired, to earn	5281
multiple credits toward a specified degree or certification.	5282

Sec. 3365.15. The chancellor of the Ohio board of regents	5283
and the superintendent of public instruction jointly shall do all	5284
of the following:	5285

(A) Adopt data reporting guidelines specifying the types of	5286
data that public and participating nonpublic secondary schools and	5287
public and participating private colleges must collect, report,	5288
and track under division (G) of section 3365.04 and division (H)	5289
of section 3365.05 of the Revised Code. The guidelines shall also	5290
include policies and procedures for the collection, reporting, and	5291
tracking of such data.	5292

(B) Submit a biennial report detailing the status of the	5293
college credit plus program to the governor, the president of the	5294
senate, the speaker of the house of representatives, and the	5295
chairpersons of the education committees of the senate and house	5296
of representatives. The first report shall be submitted not later	5297
than December 31, 2017, and each subsequent report shall be	5298
submitted not later than the thirty-first day of December every	5299
two years thereafter.	5300

(C) Establish a college credit plus advisory committee to	5301
assist in the development of performance metrics and the	5302
monitoring of the program's progress.	5303

The chancellor shall also, in consultation with the	5304
superintendent, create a standard packet of information for the	5305
college credit plus program directed toward students and parents	5306
that are interested in the program.	5307

Section 2. That existing sections 133.06, 921.06, 3301.0714,	5308
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013,	5309
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03,	5310
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24,	5311
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04,	5312
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 and sections	5313
3313.6015, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022,	5314
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the	5315
Revised Code are hereby repealed.	5316

Section 3. (A) There is hereby created the School Based	5317
Health Care Advisory Workgroup. The Workgroup shall consist of the	5318
following members:	5319

(1) The Superintendent of Public Instruction or the	5320
Superintendent's designee;	5321

(2) The Director of Developmental Disabilities or the	5322
Director's designee;	5323

(3) The Director of Health or the Director's designee;

5324

(4) The Director of Job and Family Services or the Director's	5325
designee;	5326

(5) The Director of Medicaid or the Director's designee;

5327

(6) The Director of Mental Health and Addiction Services or	5328
the Director's designee;	5329

(7) The Director of the Office of Health Transformation or	5330
the Director's designee, who shall serve as chairperson;	5331

(8) One representative from each of the following	5332
organizations, appointed by the organization's chief executive	5333
officer or the individual serving in an equivalent capacity for	5334
the organization:	5335

(a) The Association of Ohio Health Commissioners;

5336

(b) The Buckeye Association of School Administrators;

5337

5338

(d) The Greater Cincinnati Community Learning Institute;

5339

(e) The Ohio Association of Community Health Centers;

5340

(f) The Ohio Association of Health Plans;

5341

(g) The Ohio Association of School Nurses;

5342

(h) The Ohio Business Roundtable;

5343

(i) The Ohio Chamber of Commerce;

5344

(j) The Ohio Chapter of the American Academy of Pediatrics;

5345

(k) The Ohio Children's Hospital Association;

5346

(l) The Ohio Commission on Minority Health;

5347

(m) The Ohio Council of Behavioral Health and Family Services	5348
Providers;	5349

(n) The Ohio Dental Association;

5350

(o) The Ohio Optometric Association;

5351

(p) The Ohio Parent Teacher Association;

5352

(q) The Ohio State Medical Association;

5353

(r) The Public Children Services Association of Ohio;

5354

(s) Voices for Ohio's Children;

5355

(t) The Ohio Federation of Teachers.

5356

(9) Two members of the House of Representatives, one from the	5357
majority party and the other from the minority party, appointed by	5358
the Speaker of the House of Representatives;	5359

(10) Two members of the Senate, one from the majority party	5360
and the other from the minority party, appointed by the President	5361
of the Senate.	5362

(B) The Workgroup shall do all of the following:

5363

(1) Review evidence of the correlation between student health	5364
and academic achievement;	5365

(2) Identify existing best practices to improve academic	5366
achievement through better student health;	5367

(3) Based on existing best practices, recommend one or more	5368
models for communities that want to improve academic achievement	5369
through better student health;	5370

(4) Recommend financial strategies to sustain the models over	5371
time, with an emphasis on health coverage through commercial	5372
insurance and Medicaid, not other governmental subsidies;	5373

(5) Recommend health care service delivery strategies that	5374
are known to improve health outcomes, such as patient-centered	5375
medical homes;	5376

(6) Ensure that all recommendations adhere to state and	5377
federal law.	5378

(C)(1) Appointments to the Workgroup shall be made not later	5379
than fifteen days after the effective date of this section.	5380
Vacancies shall be filled in the same manner as the original	5381
appointments.	5382

(2) Members of the Workgroup shall serve without compensation	5383
or reimbursement for expenses incurred while serving on the	5384
Workgroup, except to the extent that serving on the Workgroup is	5385
considered to be among the member's employment duties.	5386

(D) The Workgroup shall prepare a report of its findings and	5387
recommendations and, not later than December 31, 2014, submit the	5388
report to the General Assembly. Upon submission of the report, the	5389
Workgroup shall cease to exist.	5390

Section 4. (A) Notwithstanding anything to the contrary in	5391
Chapter 3365. of the Revised Code, for the 2014-2015 school year,	5392
the program established under that chapter shall continue to	5393
operate as the Post-Secondary Enrollment Options Program, as it	5394
existed under that chapter prior to the effective date of this	5395
section. All rules for the Post-Secondary Enrollment Options	5396
Program in effect on the effective date of this section shall	5397
continue to govern that program for the 2014-2015 school year. The	5398
College Credit Plus Program, as codified in Chapter 3365. of the	5399
Revised Code, as it is revised by this act, shall begin operation	5400
for the 2015-2016 school year. Beginning on the effective date of	5401
this section, the Department of Education, State Board of	5402
Education, and Chancellor of the Ohio Board of Regents shall take	5403
the necessary steps to adopt rules, guidelines, and procedures and	5404
to create any necessary forms and documents so that the College	5405
Credit Plus Program is fully operational for the 2015-2016 school	5406
year in accordance with Chapter 3365. of the Revised Code, as it	5407
is revised by this act.	5408

(B) In accordance with division (A) of this section, all	5409
participants who enroll, or who have taken preliminary action to	5410
enroll, in an institution of higher education for the 2014-2015	5411
school year pursuant to Chapter 3365. of the Revised Code, as it	5412
existed prior to the effective date of this section, or rules	5413
adopted under that version of that chapter, shall participate in	5414
the Post-Secondary Enrollment Options Program, as it existed prior	5415
to the effective date of this section. Participants enrolled in an	5416
institution of higher education under the Post-Secondary	5417
Enrollment Options Program during the 2014-2015 school year shall	5418
continue to be subject to the provisions of Chapter 3365. of the	5419
Revised Code, as it existed prior to the effective date of this	5420
section.	5421

(C) For the 2014-2015 school year, all participants who	5422
enroll, or who have taken preliminary action to enroll, in a dual	5423
enrollment program as defined in section 3313.6013 of the Revised	5424
Code, as it existed prior to the effective date of this section,	5425
to participate during that school year in the dual enrollment	5426
program shall participate under the specified dual enrollment	5427
program in which the student enrolled and shall continue to be	5428
subject to the provisions of section 3313.6013 of the Revised	5429
Code, as it existed prior to the effective date of this section.	5430

(D) Any agreement entered into for the 2014-2015 school year	5431
regarding either the Post-Secondary Enrollment Options Program	5432
under Chapter 3365. of the Revised Code, as it existed prior to	5433
the effective date of this section, or any dual enrollment	5434
program, as defined in section 3313.6013 of the Revised Code as it	5435
existed prior to the effective date of this section, shall	5436
continue in force, pursuant to the terms of that agreement, for	5437
the 2014-2015 school year.	5438

(E) For the 2013-2014 and 2014-2015 school years, the	5439
Department of Education shall make all payments that the	5440
Department is obligated to pay pursuant to section 3365.07 of the	5441
Revised Code, as it existed prior to the effective date of this	5442
section, for participants who enroll in an institution of higher	5443
education under Chapter 3365. of the Revised Code, as it existed	5444
prior to the effective date of this section.	5445

(F) For the 2014-2015 school year only, whenever the term	5446
"College Credit Plus Program" is used, referred to, or designated	5447
in any provision of the Revised Code outside of Chapter 3365. of	5448
the Revised Code, the use, reference, or designation shall be	5449
construed to mean the "Post-Secondary Enrollment Options Program."	5450