Bill Text: OH HB496 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 496 (Prior Session Legislation)

Introduced

Bill Title: To require the assignment of an additional identifier in the statewide Education Management Information System to each student who has a parent or guardian who is a member of the Armed Services of the United States, a reserve unit, or the Ohio National Guard.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-03-18 - To Military and Veterans Affairs [HB496 Detail]

Download: Ohio-2013-HB496-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 496

Representative Pillich

Cosponsors: Representatives Bishoff, Strahorn, Hagan, R.

A BILL

To amend section 3301.0714 of the Revised Code to

require the assignment of an additional identifier

in the statewide Education Management Information

System to each student who has a parent or

guardian who is a member of the Armed Services of

the United States, a reserve unit, or the Ohio

National Guard.

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

Section 1. That section 3301.0714 of the Revised Code be	8
amended to read as follows:	9

Sec. 3301.0714. (A) The state board of education shall adopt	10
rules for a statewide education management information system. The	11
rules shall require the state board to establish guidelines for	12
the establishment and maintenance of the system in accordance with	13
this section and the rules adopted under this section. The	14
guidelines shall include:	15

(1) Standards identifying and defining the types of data in	16
the system in accordance with divisions (B) and (C) of this	17
section;	18

(2) Procedures for annually collecting and reporting the data	19
to the state board in accordance with division (D) of this	20
section;	21

(3) Procedures for annually compiling the data in accordance	22
with division (G) of this section;	23

(4) Procedures for annually reporting the data to the public	24
in accordance with division (H) of this section.	25

(B) The guidelines adopted under this section shall require	26
the data maintained in the education management information system	27
to include at least the following:	28

(1) Student participation and performance data, for each	29
grade in each school district as a whole and for each grade in	30
each school building in each school district, that includes:	31

(a) The numbers of students receiving each category of	32
instructional service offered by the school district, such as	33
regular education instruction, vocational education instruction,	34
specialized instruction programs or enrichment instruction that is	35
part of the educational curriculum, instruction for gifted	36
students, instruction for students with disabilities, and remedial	37
instruction. The guidelines shall require instructional services	38
under this division to be divided into discrete categories if an	39
instructional service is limited to a specific subject, a specific	40
type of student, or both, such as regular instructional services	41
in mathematics, remedial reading instructional services,	42
instructional services specifically for students gifted in	43
mathematics or some other subject area, or instructional services	44
for students with a specific type of disability. The categories of	45
instructional services required by the guidelines under this	46
division shall be the same as the categories of instructional	47
services used in determining cost units pursuant to division	48
(C)(3) of this section.	49

(b) The numbers of students receiving support or	50
extracurricular services for each of the support services or	51
extracurricular programs offered by the school district, such as	52
counseling services, health services, and extracurricular sports	53
and fine arts programs. The categories of services required by the	54
guidelines under this division shall be the same as the categories	55
of services used in determining cost units pursuant to division	56
(C)(4)(a) of this section.	57

(c) Average student grades in each subject in grades nine	58
through twelve;	59

(d) Academic achievement levels as assessed under sections	60
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	61

(e) The number of students designated as having a disabling	62
condition pursuant to division (C)(1) of section 3301.0711 of the	63
Revised Code;	64

(f) The numbers of students reported to the state board	65
pursuant to division (C)(2) of section 3301.0711 of the Revised	66
Code;	67

(g) Attendance rates and the average daily attendance for the	68
year. For purposes of this division, a student shall be counted as	69
present for any field trip that is approved by the school	70
administration.	71

(h) Expulsion rates;

(i) Suspension rates;

(j) Dropout rates;

(k) Rates of retention in grade;

(l) For pupils in grades nine through twelve, the average	76
number of carnegie units, as calculated in accordance with state	77
board of education rules;	78

(m) Graduation rates, to be calculated in a manner specified	79
by the department of education that reflects the rate at which	80
students who were in the ninth grade three years prior to the	81
current year complete school and that is consistent with	82
nationally accepted reporting requirements;	83

(n) Results of diagnostic assessments administered to	84
kindergarten students as required under section 3301.0715 of the	85
Revised Code to permit a comparison of the academic readiness of	86
kindergarten students. However, no district shall be required to	87
report to the department the results of any diagnostic assessment	88
administered to a kindergarten student if the parent of that	89
student requests the district not to report those results.	90

(2) Personnel and classroom enrollment data for each school	91
district, including:	92

(a) The total numbers of licensed employees and nonlicensed	93
employees and the numbers of full-time equivalent licensed	94
employees and nonlicensed employees providing each category of	95
instructional service, instructional support service, and	96
administrative support service used pursuant to division (C)(3) of	97
this section. The guidelines adopted under this section shall	98
require these categories of data to be maintained for the school	99
district as a whole and, wherever applicable, for each grade in	100
the school district as a whole, for each school building as a	101
whole, and for each grade in each school building.	102

(b) The total number of employees and the number of full-time	103
equivalent employees providing each category of service used	104
pursuant to divisions (C)(4)(a) and (b) of this section, and the	105
total numbers of licensed employees and nonlicensed employees and	106
the numbers of full-time equivalent licensed employees and	107
nonlicensed employees providing each category used pursuant to	108
division (C)(4)(c) of this section. The guidelines adopted under	109
this section shall require these categories of data to be	110
maintained for the school district as a whole and, wherever	111
applicable, for each grade in the school district as a whole, for	112
each school building as a whole, and for each grade in each school	113
building.	114

(c) The total number of regular classroom teachers teaching	115
classes of regular education and the average number of pupils	116
enrolled in each such class, in each of grades kindergarten	117
through five in the district as a whole and in each school	118
building in the school district.	119

(d) The number of lead teachers employed by each school	120
district and each school building.	121

(3)(a) Student demographic data for each school district,	122
including information regarding the gender ratio of the school	123
district's pupils, the racial make-up of the school district's	124
pupils, the number of limited English proficient students in the	125
district, and an appropriate measure of the number of the school	126
district's pupils who reside in economically disadvantaged	127
households. The demographic data shall be collected in a manner to	128
allow correlation with data collected under division (B)(1) of	129
this section. Categories for data collected pursuant to division	130
(B)(3) of this section shall conform, where appropriate, to	131
standard practices of agencies of the federal government.	132

(b) With respect to each student entering kindergarten,	133
whether the student previously participated in a public preschool	134
program, a private preschool program, or a head start program, and	135
the number of years the student participated in each of these	136
programs.	137

(4) Any data required to be collected pursuant to federal	138
law.	139

(C) The education management information system shall include	140
cost accounting data for each district as a whole and for each	141
school building in each school district. The guidelines adopted	142
under this section shall require the cost data for each school	143
district to be maintained in a system of mutually exclusive cost	144
units and shall require all of the costs of each school district	145
to be divided among the cost units. The guidelines shall require	146
the system of mutually exclusive cost units to include at least	147
the following:	148

(1) Administrative costs for the school district as a whole.	149
The guidelines shall require the cost units under this division	150
(C)(1) to be designed so that each of them may be compiled and	151
reported in terms of average expenditure per pupil in formula ADM	152
in the school district, as determined pursuant to section 3317.03	153
of the Revised Code.	154

(2) Administrative costs for each school building in the	155
school district. The guidelines shall require the cost units under	156
this division (C)(2) to be designed so that each of them may be	157
compiled and reported in terms of average expenditure per	158
full-time equivalent pupil receiving instructional or support	159
services in each building.	160

(3) Instructional services costs for each category of	161
instructional service provided directly to students and required	162
by guidelines adopted pursuant to division (B)(1)(a) of this	163
section. The guidelines shall require the cost units under	164
division (C)(3) of this section to be designed so that each of	165
them may be compiled and reported in terms of average expenditure	166
per pupil receiving the service in the school district as a whole	167
and average expenditure per pupil receiving the service in each	168
building in the school district and in terms of a total cost for	169
each category of service and, as a breakdown of the total cost, a	170
cost for each of the following components:	171

(a) The cost of each instructional services category required	172
by guidelines adopted under division (B)(1)(a) of this section	173
that is provided directly to students by a classroom teacher;	174

(b) The cost of the instructional support services, such as	175
services provided by a speech-language pathologist, classroom	176
aide, multimedia aide, or librarian, provided directly to students	177
in conjunction with each instructional services category;	178

(c) The cost of the administrative support services related	179
to each instructional services category, such as the cost of	180
personnel that develop the curriculum for the instructional	181
services category and the cost of personnel supervising or	182
coordinating the delivery of the instructional services category.	183

(4) Support or extracurricular services costs for each	184
category of service directly provided to students and required by	185
guidelines adopted pursuant to division (B)(1)(b) of this section.	186
The guidelines shall require the cost units under division (C)(4)	187
of this section to be designed so that each of them may be	188
compiled and reported in terms of average expenditure per pupil	189
receiving the service in the school district as a whole and	190
average expenditure per pupil receiving the service in each	191
building in the school district and in terms of a total cost for	192
each category of service and, as a breakdown of the total cost, a	193
cost for each of the following components:	194

(a) The cost of each support or extracurricular services	195
category required by guidelines adopted under division (B)(1)(b)	196
of this section that is provided directly to students by a	197
licensed employee, such as services provided by a guidance	198
counselor or any services provided by a licensed employee under a	199
supplemental contract;	200

(b) The cost of each such services category provided directly	201
to students by a nonlicensed employee, such as janitorial	202
services, cafeteria services, or services of a sports trainer;	203

(c) The cost of the administrative services related to each	204
services category in division (C)(4)(a) or (b) of this section,	205
such as the cost of any licensed or nonlicensed employees that	206
develop, supervise, coordinate, or otherwise are involved in	207
administering or aiding the delivery of each services category.	208

(D)(1) The guidelines adopted under this section shall	209
require school districts to collect information about individual	210
students, staff members, or both in connection with any data	211
required by division (B) or (C) of this section or other reporting	212
requirements established in the Revised Code. The guidelines may	213
also require school districts to report information about	214
individual staff members in connection with any data required by	215
division (B) or (C) of this section or other reporting	216
requirements established in the Revised Code. The guidelines shall	217
not authorize school districts to request social security numbers	218
of individual students. The guidelines shall prohibit the	219
reporting under this section of a student's name, address, and	220
social security number to the state board of education or the	221
department of education. The guidelines shall also prohibit the	222
reporting under this section of any personally identifiable	223
information about any student, except for the purpose of assigning	224
the data verification code required by division (D)(2) of this	225
section, to any other person unless such person is employed by the	226
school district or the information technology center operated	227
under section 3301.075 of the Revised Code and is authorized by	228
the district or technology center to have access to such	229
information or is employed by an entity with which the department	230
contracts for the scoring or the development of state assessments.	231
The guidelines may require school districts to provide the social	232
security numbers of individual staff members and the county of	233
residence for a student. Nothing in this section prohibits the	234
state board of education or department of education from providing	235
a student's county of residence to the department of taxation to	236
facilitate the distribution of tax revenue.	237

(2)(a) The guidelines shall provide for each school district	238
or community school to assign a data verification code that is	239
unique on a statewide basis over time to each student whose	240
initial Ohio enrollment is in that district or school and to	241
report all required individual student data for that student	242
utilizing such code. The guidelines shall also provide for	243
assigning data verification codes to all students enrolled in	244
districts or community schools on the effective date of the	245
guidelines established under this section. The assignment of data	246
verification codes for other entities, as described in division	247
(D)(2)(c) of this section, the use of those codes, and the	248
reporting and use of associated individual student data shall be	249
coordinated by the department in accordance with state and federal	250
law.	251

School districts shall report individual student data to the	252
department through the information technology centers utilizing	253
the code. The entities described in division (D)(2)(c) of this	254
section shall report individual student data to the department in	255
the manner prescribed by the department.	256

Except as provided in sections 3301.941, 3310.11, 3310.42,	257
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	258
shall the state board or the department have access to information	259
that would enable any data verification code to be matched to	260
personally identifiable student data.	261

(b) Each school district and community school shall ensure	262
that the data verification code is included in the student's	263
records reported to any subsequent school district, community	264
school, or state institution of higher education, as defined in	265
section 3345.011 of the Revised Code, in which the student	266
enrolls. Any such subsequent district or school shall utilize the	267
same identifier in its reporting of data under this section.	268

(c) The director of any state agency that administers a	269
publicly funded program providing services to children who are	270
younger than compulsory school age, as defined in section 3321.01	271
of the Revised Code, including the directors of health, job and	272
family services, mental health and addiction services, and	273
developmental disabilities, shall request and receive, pursuant to	274
sections 3301.0723 and 3701.62 of the Revised Code, a data	275
verification code for a child who is receiving those services.	276

(3) The guidelines adopted under this section shall provide	277
for the assignment of an additional identifier that indicates	278
whether a student has at least one parent or guardian who is	279
serving in the armed services of the United States, a reserve unit	280
of the armed services, or the Ohio national guard.	281

(E) The guidelines adopted under this section may require	282
school districts to collect and report data, information, or	283
reports other than that described in divisions (A), (B), and (C)	284
of this section for the purpose of complying with other reporting	285
requirements established in the Revised Code. The other data,	286
information, or reports may be maintained in the education	287
management information system but are not required to be compiled	288
as part of the profile formats required under division (G) of this	289
section or the annual statewide report required under division (H)	290
of this section.	291

(F) Beginning with the school year that begins July 1, 1991,	292
the board of education of each school district shall annually	293
collect and report to the state board, in accordance with the	294
guidelines established by the board, the data required pursuant to	295
this section. A school district may collect and report these data	296
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	297

(G) The state board shall, in accordance with the procedures	298
it adopts, annually compile the data reported by each school	299
district pursuant to division (D) of this section. The state board	300
shall design formats for profiling each school district as a whole	301
and each school building within each district and shall compile	302
the data in accordance with these formats. These profile formats	303
shall:	304

(1) Include all of the data gathered under this section in a	305
manner that facilitates comparison among school districts and	306
among school buildings within each school district;	307

(2) Present the data on academic achievement levels as	308
assessed by the testing of student achievement maintained pursuant	309
to division (B)(1)(d) of this section.	310

(H)(1) The state board shall, in accordance with the	311
procedures it adopts, annually prepare a statewide report for all	312
school districts and the general public that includes the profile	313
of each of the school districts developed pursuant to division (G)	314
of this section. Copies of the report shall be sent to each school	315
district.	316

(2) The state board shall, in accordance with the procedures	317
it adopts, annually prepare an individual report for each school	318
district and the general public that includes the profiles of each	319
of the school buildings in that school district developed pursuant	320
to division (G) of this section. Copies of the report shall be	321
sent to the superintendent of the district and to each member of	322
the district board of education.	323

(3) Copies of the reports received from the state board under	324
divisions (H)(1) and (2) of this section shall be made available	325
to the general public at each school district's offices. Each	326
district board of education shall make copies of each report	327
available to any person upon request and payment of a reasonable	328
fee for the cost of reproducing the report. The board shall	329
annually publish in a newspaper of general circulation in the	330
school district, at least twice during the two weeks prior to the	331
week in which the reports will first be available, a notice	332
containing the address where the reports are available and the	333
date on which the reports will be available.	334

(I) Any data that is collected or maintained pursuant to this	335
section and that identifies an individual pupil is not a public	336
record for the purposes of section 149.43 of the Revised Code.	337

(J) As used in this section:

338

(1) "School district" means any city, local, exempted	339
village, or joint vocational school district and, in accordance	340
with section 3314.17 of the Revised Code, any community school. As	341
used in division (L) of this section, "school district" also	342
includes any educational service center or other educational	343
entity required to submit data using the system established under	344
this section.	345

(2) "Cost" means any expenditure for operating expenses made	346
by a school district excluding any expenditures for debt	347
retirement except for payments made to any commercial lending	348
institution for any loan approved pursuant to section 3313.483 of	349
the Revised Code.	350

(K) Any person who removes data from the information system	351
established under this section for the purpose of releasing it to	352
any person not entitled under law to have access to such	353
information is subject to section 2913.42 of the Revised Code	354
prohibiting tampering with data.	355

(L)(1) In accordance with division (L)(2) of this section and	356
the rules adopted under division (L)(10) of this section, the	357
department of education may sanction any school district that	358
reports incomplete or inaccurate data, reports data that does not	359
conform to data requirements and descriptions published by the	360
department, fails to report data in a timely manner, or otherwise	361
does not make a good faith effort to report data as required by	362
this section.	363

(2) If the department decides to sanction a school district	364
under this division, the department shall take the following	365
sequential actions:	366

(a) Notify the district in writing that the department has	367
determined that data has not been reported as required under this	368
section and require the district to review its data submission and	369
submit corrected data by a deadline established by the department.	370
The department also may require the district to develop a	371
corrective action plan, which shall include provisions for the	372
district to provide mandatory staff training on data reporting	373
procedures.	374

(b) Withhold up to ten per cent of the total amount of state	375
funds due to the district for the current fiscal year and, if not	376
previously required under division (L)(2)(a) of this section,	377
require the district to develop a corrective action plan in	378
accordance with that division;	379

(c) Withhold an additional amount of up to twenty per cent of	380
the total amount of state funds due to the district for the	381
current fiscal year;	382

(d) Direct department staff or an outside entity to	383
investigate the district's data reporting practices and make	384
recommendations for subsequent actions. The recommendations may	385
include one or more of the following actions:	386

(i) Arrange for an audit of the district's data reporting	387
practices by department staff or an outside entity;	388

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

389

(iii) Withhold an additional amount of up to thirty per cent	390
of the total amount of state funds due to the district for the	391
current fiscal year;	392

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

393

(v) Assign department staff to supervise the district's data	394
management system;	395

(vi) Conduct an investigation to determine whether to suspend	396
or revoke the license of any district employee in accordance with	397
division (N) of this section;	398

(vii) If the district is issued a report card under section	399
3302.03 of the Revised Code, indicate on the report card that the	400
district has been sanctioned for failing to report data as	401
required by this section;	402

(viii) If the district is issued a report card under section	403
3302.03 of the Revised Code and incomplete or inaccurate data	404
submitted by the district likely caused the district to receive a	405
higher performance rating than it deserved under that section,	406
issue a revised report card for the district;	407

(ix) Any other action designed to correct the district's data	408
reporting problems.	409

(3) Any time the department takes an action against a school	410
district under division (L)(2) of this section, the department	411
shall make a report of the circumstances that prompted the action.	412
The department shall send a copy of the report to the district	413
superintendent or chief administrator and maintain a copy of the	414
report in its files.	415

(4) If any action taken under division (L)(2) of this section	416
resolves a school district's data reporting problems to the	417
department's satisfaction, the department shall not take any	418
further actions described by that division. If the department	419
withheld funds from the district under that division, the	420
department may release those funds to the district, except that if	421
the department withheld funding under division (L)(2)(c) of this	422
section, the department shall not release the funds withheld under	423
division (L)(2)(b) of this section and, if the department withheld	424
funding under division (L)(2)(d) of this section, the department	425
shall not release the funds withheld under division (L)(2)(b) or	426
(c) of this section.	427

(5) Notwithstanding anything in this section to the contrary,	428
the department may use its own staff or an outside entity to	429
conduct an audit of a school district's data reporting practices	430
any time the department has reason to believe the district has not	431
made a good faith effort to report data as required by this	432
section. If any audit conducted by an outside entity under	433
division (L)(2)(d)(i) or (5) of this section confirms that a	434
district has not made a good faith effort to report data as	435
required by this section, the district shall reimburse the	436
department for the full cost of the audit. The department may	437
withhold state funds due to the district for this purpose.	438

(6) Prior to issuing a revised report card for a school	439
district under division (L)(2)(d)(viii) of this section, the	440
department may hold a hearing to provide the district with an	441
opportunity to demonstrate that it made a good faith effort to	442
report data as required by this section. The hearing shall be	443
conducted by a referee appointed by the department. Based on the	444
information provided in the hearing, the referee shall recommend	445
whether the department should issue a revised report card for the	446
district. If the referee affirms the department's contention that	447
the district did not make a good faith effort to report data as	448
required by this section, the district shall bear the full cost of	449
conducting the hearing and of issuing any revised report card.	450

(7) If the department determines that any inaccurate data	451
reported under this section caused a school district to receive	452
excess state funds in any fiscal year, the district shall	453
reimburse the department an amount equal to the excess funds, in	454
accordance with a payment schedule determined by the department.	455
The department may withhold state funds due to the district for	456
this purpose.	457

(8) Any school district that has funds withheld under	458
division (L)(2) of this section may appeal the withholding in	459
accordance with Chapter 119. of the Revised Code.	460

(9) In all cases of a disagreement between the department and	461
a school district regarding the appropriateness of an action taken	462
under division (L)(2) of this section, the burden of proof shall	463
be on the district to demonstrate that it made a good faith effort	464
to report data as required by this section.	465

(10) The state board of education shall adopt rules under	466
Chapter 119. of the Revised Code to implement division (L) of this	467
section.	468

(M) No information technology center or school district shall	469
acquire, change, or update its student administration software	470
package to manage and report data required to be reported to the	471
department unless it converts to a student software package that	472
is certified by the department.	473

(N) The state board of education, in accordance with sections	474
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	475
license as defined under division (A) of section 3319.31 of the	476
Revised Code that has been issued to any school district employee	477
found to have willfully reported erroneous, inaccurate, or	478
incomplete data to the education management information system.	479

(O) No person shall release or maintain any information about	480
any student in violation of this section. Whoever violates this	481
division is guilty of a misdemeanor of the fourth degree.	482

(P) The department shall disaggregate the data collected	483
under division (B)(1)(n) of this section according to the race and	484
socioeconomic status of the students assessed. No data collected	485
under that division shall be included on the report cards required	486
by section 3302.03 of the Revised Code.	487

(Q) If the department cannot compile any of the information	488
required by division (H) of section 3302.03 of the Revised Code	489
based upon the data collected under this section, the department	490
shall develop a plan and a reasonable timeline for the collection	491
of any data necessary to comply with that division.	492