Bill Text: OH HB555 | 2011-2012 | 129th General Assembly | Engrossed

Ohio House Bill 555 (Prior Session Legislation)

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

Bill Title: ; and to amend Section 267.10.90 of Am. Sub. H.B. 153 of the 129th General Assembly, as subsequently amended, to create a new academic performance rating system for public schools; to require an alternative rating system for community schools with dropout prevention and recovery programs; to create a new evaluation process for community school sponsors; to abolish the Ohio Accountability Task Force to make changes in the third grade reading guarantee; to modify the procedure for approving the opening of new Internet- or computer-based community schools; to make changes in the War Orphans Scholarship and Ohio National Guard Scholarship programs; and to make other changes to education laws.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2013-03-22 - Effective Date [HB555 Detail]

Download: Ohio-2011-HB555-Engrossed.html

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 555

Representatives Stebelton, Butler

Cosponsors: Representatives Slaby, Hackett, McGregor, Adams, J., Amstutz, Buchy, Wachtmann Speaker Batchelder
Senators Eklund, Jones, Lehner, Niehaus, Sawyer, Wagoner

A BILL

To amend sections 3301.079, 3301.0710, 3301.0711,

3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,

3302.03, 3302.033, 3302.04, 3302.041, 3302.05,

3302.10, 3302.12, 3302.20, 3302.21, 3310.03,

3310.06, 3311.741, 3311.80, 3313.473, 3313.608,

3314.011, 3314.012, 3314.013, 3314.015, 3314.016,

3314.02, 3314.05, 3314.35, 3314.36, 3314.37,

3317.081, 3319.11, 3319.111, 3319.112, 3319.58,

3326.03, 3333.041, 3333.048, 3333.391, 5910.01,

5910.02, and 5919.34; to enact sections 3302.034,

3310.16, 3314.017, 3314.351, 3314.361, and 5910.07

of the Revised Code; and to amend Section

267.10.90 of Am. Sub. H.B. 153 of the 129th

General Assembly, as subsequently amended, to

create a new academic performance rating system

for public schools; to require an alternative

rating system for community schools with dropout

prevention and recovery programs; to create a new

evaluation process for community school sponsors;

to abolish the Ohio Accountability Task Force to

make changes in the third grade reading guarantee;

to modify the procedure for approving the opening

of new Internet- or computer-based community

schools; to make changes in the War Orphans

Scholarship and Ohio National Guard Scholarship

programs; and to make other changes to education

laws.

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	28
3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021, 3302.03,	29
3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12, 3302.20,	30
3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473, 3313.608,	31
3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.02,	32
3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11, 3319.111,	33
3319.112, 3319.58, 3326.03, 3333.041, 3333.048, 3333.391, 5910.01,	34
5910.02, and 5919.34 be amended and sections 3302.034, 3310.16,	35
3314.017, 3314.351, 3314.361, and 5910.07 of the Revised Code be	36
enacted to read as follows:	37

Sec. 3301.079. (A)(1) The state board of education	38
periodically shall adopt statewide academic standards with	39
emphasis on coherence, focus, and rigor for each of grades	40
kindergarten through twelve in English language arts, mathematics,	41
science, and social studies.	42

(a) The standards shall specify the following:

(i) The core academic content and skills that students are	44
expected to know and be able to do at each grade level that will	45
allow each student to be prepared for postsecondary instruction	46
and the workplace for success in the twenty-first century;	47

(ii) The development of skill sets that promote information,	48
media, and technological literacy;	49

(iii) Interdisciplinary, project-based, real-world learning	50
opportunities.	51

(b) Not later than July 1, 2012, the state board shall	52
incorporate into the social studies standards for grades four to	53
twelve academic content regarding the original texts of the	54
Declaration of Independence, the Northwest Ordinance, the	55
Constitution of the United States and its amendments, with	56
emphasis on the Bill of Rights, and the Ohio Constitution, and	57
their original context. The state board shall revise the model	58
curricula and achievement assessments adopted under divisions (B)	59
and (C) of this section as necessary to reflect the additional	60
American history and American government content. The state board	61
shall make available a list of suggested grade-appropriate	62
supplemental readings that place the documents prescribed by this	63
division in their historical context, which teachers may use as a	64
resource to assist students in reading the documents within that	65
context.	66

(2) After completing the standards required by division	67
(A)(1) of this section, the state board shall adopt standards and	68
model curricula for instruction in technology, financial literacy	69
and entrepreneurship, fine arts, and foreign language for grades	70
kindergarten through twelve. The standards shall meet the same	71
requirements prescribed in division (A)(1)(a) of this section.	72

(3) The state board shall adopt the most recent standards	73
developed by the national association for sport and physical	74
education for physical education in grades kindergarten through	75
twelve or shall adopt its own standards for physical education in	76
those grades and revise and update them periodically.	77

The department of education shall employ a full-time physical	78
education coordinator to provide guidance and technical assistance	79
to districts, community schools, and STEM schools in implementing	80
the physical education standards adopted under this division. The	81
superintendent of public instruction shall determine that the	82
person employed as coordinator is qualified for the position, as	83
demonstrated by possessing an adequate combination of education,	84
license, and experience.	85

(4) When academic standards have been completed for any	86
subject area required by this section, the state board shall	87
inform all school districts, all community schools established	88
under Chapter 3314. of the Revised Code, all STEM schools	89
established under Chapter 3326. of the Revised Code, and all	90
nonpublic schools required to administer the assessments	91
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	92
of the content of those standards.	93

(B)(1) The state board shall adopt a model curriculum for	94
instruction in each subject area for which updated academic	95
standards are required by division (A)(1) of this section and for	96
each of grades kindergarten through twelve that is sufficient to	97
meet the needs of students in every community. The model	98
curriculum shall be aligned with the standards, to ensure that the	99
academic content and skills specified for each grade level are	100
taught to students, and shall demonstrate vertical articulation	101
and emphasize coherence, focus, and rigor. When any model	102
curriculum has been completed, the state board shall inform all	103
school districts, community schools, and STEM schools of the	104
content of that model curriculum.	105

(2) Not later than June 30, 2013, the state board, in	106
consultation with any office housed in the governor's office that	107
deals with workforce development, shall adopt model curricula for	108
grades kindergarten through twelve that embed career connection	109
learning strategies into regular classroom instruction.	110

(3) All school districts, community schools, and STEM schools	111
may utilize the state standards and the model curriculum	112
established by the state board, together with other relevant	113
resources, examples, or models to ensure that students have the	114
opportunity to attain the academic standards. Upon request, the	115
department shall provide technical assistance to any district,	116
community school, or STEM school in implementing the model	117
curriculum.	118

Nothing in this section requires any school district to	119
utilize all or any part of a model curriculum developed under this	120
section.	121

(C) The state board shall develop achievement assessments	122
aligned with the academic standards and model curriculum for each	123
of the subject areas and grade levels required by divisions (A)(1)	124
and (B)(1) of section 3301.0710 of the Revised Code.	125

When any achievement assessment has been completed, the state	126
board shall inform all school districts, community schools, STEM	127
schools, and nonpublic schools required to administer the	128
assessment of its completion, and the department shall make the	129
achievement assessment available to the districts and schools.	130

(D)(1) The state board shall adopt a diagnostic assessment	131
aligned with the academic standards and model curriculum for each	132
of grades kindergarten through two in ~~English language arts~~	133
reading, writing, and mathematics and for grade three in ~~English~~	134
~~language arts~~reading and writing. The diagnostic assessment shall	135
be designed to measure student comprehension of academic content	136
and mastery of related skills for the relevant subject area and	137
grade level. Any diagnostic assessment shall not include	138
components to identify gifted students. Blank copies of diagnostic	139
assessments shall be public records.	140

(2) When each diagnostic assessment has been completed, the	141
state board shall inform all school districts of its completion	142
and the department shall make the diagnostic assessment available	143
to the districts at no cost to the district. School districts	144
shall administer the diagnostic assessment pursuant to section	145
3301.0715 of the Revised Code beginning the first school year	146
following the development of the assessment.	147

(E) The state board shall not adopt a diagnostic or	148
achievement assessment for any grade level or subject area other	149
than those specified in this section.	150

(F) Whenever the state board or the department consults with	151
persons for the purpose of drafting or reviewing any standards,	152
diagnostic assessments, achievement assessments, or model	153
curriculum required under this section, the state board or the	154
department shall first consult with parents of students in	155
kindergarten through twelfth grade and with active Ohio classroom	156
teachers, other school personnel, and administrators with	157
expertise in the appropriate subject area. Whenever practicable,	158
the state board and department shall consult with teachers	159
recognized as outstanding in their fields.	160

If the department contracts with more than one outside entity	161
for the development of the achievement assessments required by	162
this section, the department shall ensure the interchangeability	163
of those assessments.	164

(G) Whenever the state board adopts standards or model	165
curricula under this section, the department also shall provide	166
information on the use of blended or digital learning in the	167
delivery of the standards or curricula to students in accordance	168
with division (A)(4) of this section.	169

(H) The fairness sensitivity review committee, established by	170
rule of the state board of education, shall not allow any question	171
on any achievement or diagnostic assessment developed under this	172
section or any proficiency test prescribed by former section	173
3301.0710 of the Revised Code, as it existed prior to September	174
11, 2001, to include, be written to promote, or inquire as to	175
individual moral or social values or beliefs. The decision of the	176
committee shall be final. This section does not create a private	177
cause of action.	178

(I) Not later than forty-five days prior to the adoption by	179
the state board of updated academic standards under division	180
(A)(1) of this section or updated model curricula under division	181
(B)(1) of this section, the superintendent of public instruction	182
shall present the academic standards or model curricula, as	183
applicable, to the respective committees of the house of	184
representatives and senate that consider education legislation.	185

(J) As used in this section:

186

(1) "Blended learning" means the delivery of instruction in a	187
combination of time in a supervised physical location away from	188
home and online delivery whereby the student has some element of	189
control over time, place, path, or pace of learning.	190

(2) "Coherence" means a reflection of the structure of the	191
discipline being taught.	192

(3) "Digital learning" means learning facilitated by	193
technology that gives students some element of control over time,	194
place, path, or pace of learning.	195

(4) "Focus" means limiting the number of items included in a	196
curriculum to allow for deeper exploration of the subject matter.	197

(5) "Rigor" means more challenging and demanding when	198
compared to international standards.	199

(6) "Vertical articulation" means key academic concepts and	200
skills associated with mastery in particular content areas should	201
be articulated and reinforced in a developmentally appropriate	202
manner at each grade level so that over time students acquire a	203
depth of knowledge and understanding in the core academic	204
disciplines.	205

Sec. 3301.0710. The state board of education shall adopt	206
rules establishing a statewide program to assess student	207
achievement. The state board shall ensure that all assessments	208
administered under the program are aligned with the academic	209
standards and model curricula adopted by the state board and are	210
created with input from Ohio parents, Ohio classroom teachers,	211
Ohio school administrators, and other Ohio school personnel	212
pursuant to section 3301.079 of the Revised Code.	213

The assessment program shall be designed to ensure that	214
students who receive a high school diploma demonstrate at least	215
high school levels of achievement in English language arts,	216
mathematics, science, and social studies.	217

(A)(1) The state board shall prescribe all of the following:

218

(a) Two statewide achievement assessments, one each designed	219
to measure the level of English language arts and mathematics	220
skill expected at the end of third grade;	221

(b) ~~Two~~Three statewide achievement assessments, one each	222
designed to measure the level of English language arts ~~and~~,	223
mathematics, and social studies skill expected at the end of	224
fourth grade;	225

(c) ~~Four~~Three statewide achievement assessments, one each	226
designed to measure the level of English language arts,	227
mathematics, and science~~, and social studies~~ skill expected at the	228
end of fifth grade;	229

(d) ~~Two~~Three statewide achievement assessments, one each	230
designed to measure the level of English language arts ~~and~~,	231
mathematics, and social studies skill expected at the end of sixth	232
grade;	233

(e) Two statewide achievement assessments, one each designed	234
to measure the level of English language arts and mathematics	235
skill expected at the end of seventh grade;	236

(f) ~~Four~~Three statewide achievement assessments, one each	237
designed to measure the level of English language arts,	238
mathematics, and science~~, and social studies~~ skill expected at the	239
end of eighth grade.	240

(2) The state board shall determine and designate at least	241
~~three~~five ranges of scores on each of the achievement assessments	242
described in divisions (A)(1) and (B)(1) of this section. Each	243
range of scores shall be deemed to demonstrate a level of	244
achievement so that any student attaining a score within such	245
range has achieved one of the following:	246

(a) An advanced level of skill;

247

(b) An accelerated level of skill;

248

249

~~(c)~~(d) A basic level of skill;

250

(e) A limited level of skill.

251

(3) For the purpose of implementing division (A) of section	252
3313.608 of the Revised Code, the state board shall determine and	253
designate a level of achievement, not lower than the level	254
designated in division (A)(2)~~(c)~~(e) of this section, on the third	255
grade English language arts assessment for a student to be	256
promoted to the fourth grade. The state board shall review and	257
adjust upward the level of achievement designated under this	258
division each year the test is administered until the level is set	259
equal to the level designated in division (A)(2)~~(b)~~(c) of this	260
section.	261

(B)(1) The assessments prescribed under division (B)(1) of	262
this section shall collectively be known as the Ohio graduation	263
tests. The state board shall prescribe five statewide high school	264
achievement assessments, one each designed to measure the level of	265
reading, writing, mathematics, science, and social studies skill	266
expected at the end of tenth grade. The state board shall	267
designate a score in at least the range designated under division	268
(A)(2)~~(b)~~(c) of this section on each such assessment that shall be	269
deemed to be a passing score on the assessment as a condition	270
toward granting high school diplomas under sections 3313.61,	271
3313.611, 3313.612, and 3325.08 of the Revised Code until the	272
assessment system prescribed by section 3301.0712 of the Revised	273
Code is implemented in accordance with rules adopted by the state	274
board under division (D) of that section.	275

(2) The state board shall prescribe an assessment system in	276
accordance with section 3301.0712 of the Revised Code that shall	277
replace the Ohio graduation tests in the manner prescribed by	278
rules adopted by the state board under division (D) of that	279
section.	280

(3) The state board may enter into a reciprocal agreement	281
with the appropriate body or agency of any other state that has	282
similar statewide achievement assessment requirements for	283
receiving high school diplomas, under which any student who has	284
met an achievement assessment requirement of one state is	285
recognized as having met the similar requirement of the other	286
state for purposes of receiving a high school diploma. For	287
purposes of this section and sections 3301.0711 and 3313.61 of the	288
Revised Code, any student enrolled in any public high school in	289
this state who has met an achievement assessment requirement	290
specified in a reciprocal agreement entered into under this	291
division shall be deemed to have attained at least the applicable	292
score designated under this division on each assessment required	293
by division (B)(1) or (2) of this section that is specified in the	294
agreement.	295

(C) The superintendent of public instruction shall designate	296
dates and times for the administration of the assessments	297
prescribed by divisions (A) and (B) of this section.	298

In prescribing administration dates pursuant to this	299
division, the superintendent shall designate the dates in such a	300
way as to allow a reasonable length of time between the	301
administration of assessments prescribed under this section and	302
any administration of the national assessment of educational	303
progress given to students in the same grade level pursuant to	304
section 3301.27 of the Revised Code or federal law.	305

(D) The state board shall prescribe a practice version of	306
each Ohio graduation test described in division (B)(1) of this	307
section that is of comparable length to the actual test.	308

(E) Any committee established by the department of education	309
for the purpose of making recommendations to the state board	310
regarding the state board's designation of scores on the	311
assessments described by this section shall inform the state board	312
of the probable percentage of students who would score in each of	313
the ranges established under division (A)(2) of this section on	314
the assessments if the committee's recommendations are adopted by	315
the state board. To the extent possible, these percentages shall	316
be disaggregated by gender, major racial and ethnic groups,	317
limited English proficient students, economically disadvantaged	318
students, students with disabilities, and migrant students.	319

~~If the state board intends to make any change to the~~	320
~~committee's recommendations, the state board shall explain the~~	321
~~intended change to the Ohio accountability task force established~~	322
~~by section 3302.021 of the Revised Code. The task force shall~~	323
~~recommend whether the state board should proceed to adopt the~~	324
~~intended change. Nothing in this division shall require the state~~	325
~~board to designate assessment scores based upon the~~	326
~~recommendations of the task force.~~	327

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

328

(1) Annually furnish to, grade, and score all assessments	329
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	330
the Revised Code to be administered by city, local, exempted	331
village, and joint vocational school districts, except that each	332
district shall score any assessment administered pursuant to	333
division (B)(10) of this section. Each assessment so furnished	334
shall include the data verification code of the student to whom	335
the assessment will be administered, as assigned pursuant to	336
division (D)(2) of section 3301.0714 of the Revised Code. In	337
furnishing the practice versions of Ohio graduation tests	338
prescribed by division (D) of section 3301.0710 of the Revised	339
Code, the department shall make the tests available on its web	340
site for reproduction by districts. In awarding contracts for	341
grading assessments, the department shall give preference to	342
Ohio-based entities employing Ohio residents.	343

(2) Adopt rules for the ethical use of assessments and	344
prescribing the manner in which the assessments prescribed by	345
section 3301.0710 of the Revised Code shall be administered to	346
students.	347

(B) Except as provided in divisions (C) and (J) of this	348
section, the board of education of each city, local, and exempted	349
village school district shall, in accordance with rules adopted	350
under division (A) of this section:	351

(1) Administer the English language arts assessments	352
prescribed under division (A)(1)(a) of section 3301.0710 of the	353
Revised Code twice annually to all students in the third grade who	354
have not attained the score designated for that assessment under	355
division (A)(2)~~(b)~~(c) of section 3301.0710 of the Revised Code.	356

(2) Administer the mathematics assessment prescribed under	357
division (A)(1)(a) of section 3301.0710 of the Revised Code at	358
least once annually to all students in the third grade.	359

(3) Administer the assessments prescribed under division	360
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	361
annually to all students in the fourth grade.	362

(4) Administer the assessments prescribed under division	363
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	364
annually to all students in the fifth grade.	365

(5) Administer the assessments prescribed under division	366
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	367
annually to all students in the sixth grade.	368

(6) Administer the assessments prescribed under division	369
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	370
annually to all students in the seventh grade.	371

(7) Administer the assessments prescribed under division	372
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	373
annually to all students in the eighth grade.	374

(8) Except as provided in division (B)(9) of this section,	375
administer any assessment prescribed under division (B)(1) of	376
section 3301.0710 of the Revised Code as follows:	377

(a) At least once annually to all tenth grade students and at	378
least twice annually to all students in eleventh or twelfth grade	379
who have not yet attained the score on that assessment designated	380
under that division;	381

(b) To any person who has successfully completed the	382
curriculum in any high school or the individualized education	383
program developed for the person by any high school pursuant to	384
section 3323.08 of the Revised Code but has not received a high	385
school diploma and who requests to take such assessment, at any	386
time such assessment is administered in the district.	387

(9) In lieu of the board of education of any city, local, or	388
exempted village school district in which the student is also	389
enrolled, the board of a joint vocational school district shall	390
administer any assessment prescribed under division (B)(1) of	391
section 3301.0710 of the Revised Code at least twice annually to	392
any student enrolled in the joint vocational school district who	393
has not yet attained the score on that assessment designated under	394
that division. A board of a joint vocational school district may	395
also administer such an assessment to any student described in	396
division (B)(8)(b) of this section.	397

(10) If the district has ~~been declared to be under an~~	398
~~academic watch or in a state of academic emergency pursuant to~~	399
~~section 3302.03 of the Revised Code or has~~ a three-year average	400
graduation rate of not more than seventy-five per cent, administer	401
each assessment prescribed by division (D) of section 3301.0710 of	402
the Revised Code in September to all ninth grade students,	403
beginning in the school year that starts July 1, 2005.	404

Except as provided in section 3313.614 of the Revised Code	405
for administration of an assessment to a person who has fulfilled	406
the curriculum requirement for a high school diploma but has not	407
passed one or more of the required assessments, the assessments	408
prescribed under division (B)(1) of section 3301.0710 of the	409
Revised Code and the practice assessments prescribed under	410
division (D) of that section and required to be administered under	411
divisions (B)(8), (9), and (10) of this section shall not be	412
administered after the assessment system prescribed by division	413
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	414
Code is implemented under rule of the state board adopted under	415
division (D)(1) of section 3301.0712 of the Revised Code.	416

(11) Administer the assessments prescribed by division (B)(2)	417
of section 3301.0710 and section 3301.0712 of the Revised Code in	418
accordance with the timeline and plan for implementation of those	419
assessments prescribed by rule of the state board adopted under	420
division (D)(1) of section 3301.0712 of the Revised Code.	421

(C)(1)(a) In the case of a student receiving special	422
education services under Chapter 3323. of the Revised Code, the	423
individualized education program developed for the student under	424
that chapter shall specify the manner in which the student will	425
participate in the assessments administered under this section.	426
The individualized education program may excuse the student from	427
taking any particular assessment required to be administered under	428
this section if it instead specifies an alternate assessment	429
method approved by the department of education as conforming to	430
requirements of federal law for receipt of federal funds for	431
disadvantaged pupils. To the extent possible, the individualized	432
education program shall not excuse the student from taking an	433
assessment unless no reasonable accommodation can be made to	434
enable the student to take the assessment.	435

(b) Any alternate assessment approved by the department for a	436
student under this division shall produce measurable results	437
comparable to those produced by the assessment it replaces in	438
order to allow for the student's results to be included in the	439
data compiled for a school district or building under section	440
3302.03 of the Revised Code.	441

(c) Any student enrolled in a chartered nonpublic school who	442
has been identified, based on an evaluation conducted in	443
accordance with section 3323.03 of the Revised Code or section 504	444
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	445
794, as amended, as a child with a disability shall be excused	446
from taking any particular assessment required to be administered	447
under this section if a plan developed for the student pursuant to	448
rules adopted by the state board excuses the student from taking	449
that assessment. In the case of any student so excused from taking	450
an assessment, the chartered nonpublic school shall not prohibit	451
the student from taking the assessment.	452

(2) A district board may, for medical reasons or other good	453
cause, excuse a student from taking an assessment administered	454
under this section on the date scheduled, but that assessment	455
shall be administered to the excused student not later than nine	456
days following the scheduled date. The district board shall	457
annually report the number of students who have not taken one or	458
more of the assessments required by this section to the state	459
board of education not later than the thirtieth day of June.	460

(3) As used in this division, "limited English proficient	461
student" has the same meaning as in 20 U.S.C. 7801.	462

No school district board shall excuse any limited English	463
proficient student from taking any particular assessment required	464
to be administered under this section, except that any limited	465
English proficient student who has been enrolled in United States	466
schools for less than one full school year shall not be required	467
to take any reading, writing, or English language arts assessment.	468
However, no board shall prohibit a limited English proficient	469
student who is not required to take an assessment under this	470
division from taking the assessment. A board may permit any	471
limited English proficient student to take an assessment required	472
to be administered under this section with appropriate	473
accommodations, as determined by the department. For each limited	474
English proficient student, each school district shall annually	475
assess that student's progress in learning English, in accordance	476
with procedures approved by the department.	477

The governing authority of a chartered nonpublic school may	478
excuse a limited English proficient student from taking any	479
assessment administered under this section. However, no governing	480
authority shall prohibit a limited English proficient student from	481
taking the assessment.	482

(D)(1) In the school year next succeeding the school year in	483
which the assessments prescribed by division (A)(1) or (B)(1) of	484
section 3301.0710 of the Revised Code or former division (A)(1),	485
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	486
existed prior to September 11, 2001, are administered to any	487
student, the board of education of any school district in which	488
the student is enrolled in that year shall provide to the student	489
intervention services commensurate with the student's performance,	490
including any intensive intervention required under section	491
3313.608 of the Revised Code, in any skill in which the student	492
failed to demonstrate at least a score at the proficient level on	493
the assessment.	494

(2) Following any administration of the assessments	495
prescribed by division (D) of section 3301.0710 of the Revised	496
Code to ninth grade students, each school district that has a	497
three-year average graduation rate of not more than seventy-five	498
per cent shall determine for each high school in the district	499
whether the school shall be required to provide intervention	500
services to any students who took the assessments. In determining	501
which high schools shall provide intervention services based on	502
the resources available, the district shall consider each school's	503
graduation rate and scores on the practice assessments. The	504
district also shall consider the scores received by ninth grade	505
students on the English language arts and mathematics assessments	506
prescribed under division (A)(1)(f) of section 3301.0710 of the	507
Revised Code in the eighth grade in determining which high schools	508
shall provide intervention services.	509

Each high school selected to provide intervention services	510
under this division shall provide intervention services to any	511
student whose results indicate that the student is failing to make	512
satisfactory progress toward being able to attain scores at the	513
proficient level on the Ohio graduation tests. Intervention	514
services shall be provided in any skill in which a student	515
demonstrates unsatisfactory progress and shall be commensurate	516
with the student's performance. Schools shall provide the	517
intervention services prior to the end of the school year, during	518
the summer following the ninth grade, in the next succeeding	519
school year, or at any combination of those times.	520

(E) Except as provided in section 3313.608 of the Revised	521
Code and division (M) of this section, no school district board of	522
education shall utilize any student's failure to attain a	523
specified score on an assessment administered under this section	524
as a factor in any decision to deny the student promotion to a	525
higher grade level. However, a district board may choose not to	526
promote to the next grade level any student who does not take an	527
assessment administered under this section or make up an	528
assessment as provided by division (C)(2) of this section and who	529
is not exempt from the requirement to take the assessment under	530
division (C)(3) of this section.	531

(F) No person shall be charged a fee for taking any	532
assessment administered under this section.	533

(G)(1) Each school district board shall designate one	534
location for the collection of assessments administered in the	535
spring under division (B)(1) of this section and those	536
administered under divisions (B)(2) to (7) of this section. Each	537
district board shall submit the assessments to the entity with	538
which the department contracts for the scoring of the assessments	539
as follows:	540

(a) If the district's total enrollment in grades kindergarten	541
through twelve during the first full school week of October was	542
less than two thousand five hundred, not later than the Friday	543
after all of the assessments have been administered;	544

(b) If the district's total enrollment in grades kindergarten	545
through twelve during the first full school week of October was	546
two thousand five hundred or more, but less than seven thousand,	547
not later than the Monday after all of the assessments have been	548
administered;	549

(c) If the district's total enrollment in grades kindergarten	550
through twelve during the first full school week of October was	551
seven thousand or more, not later than the Tuesday after all of	552
the assessments have been administered.	553

However, any assessment that a student takes during the	554
make-up period described in division (C)(2) of this section shall	555
be submitted not later than the Friday following the day the	556
student takes the assessment.	557

(2) The department or an entity with which the department	558
contracts for the scoring of the assessment shall send to each	559
school district board a list of the individual scores of all	560
persons taking an assessment prescribed by division (A)(1) or	561
(B)(1) of section 3301.0710 of the Revised Code within sixty days	562
after its administration, but in no case shall the scores be	563
returned later than the fifteenth day of June following the	564
administration. For assessments administered under this section by	565
a joint vocational school district, the department or entity shall	566
also send to each city, local, or exempted village school district	567
a list of the individual scores of any students of such city,	568
local, or exempted village school district who are attending	569
school in the joint vocational school district.	570

(H) Individual scores on any assessments administered under	571
this section shall be released by a district board only in	572
accordance with section 3319.321 of the Revised Code and the rules	573
adopted under division (A) of this section. No district board or	574
its employees shall utilize individual or aggregate results in any	575
manner that conflicts with rules for the ethical use of	576
assessments adopted pursuant to division (A) of this section.	577

(I) Except as provided in division (G) of this section, the	578
department or an entity with which the department contracts for	579
the scoring of the assessment shall not release any individual	580
scores on any assessment administered under this section. The	581
state board of education shall adopt rules to ensure the	582
protection of student confidentiality at all times. The rules may	583
require the use of the data verification codes assigned to	584
students pursuant to division (D)(2) of section 3301.0714 of the	585
Revised Code to protect the confidentiality of student scores.	586

(J) Notwithstanding division (D) of section 3311.52 of the	587
Revised Code, this section does not apply to the board of	588
education of any cooperative education school district except as	589
provided under rules adopted pursuant to this division.	590

(1) In accordance with rules that the state board of	591
education shall adopt, the board of education of any city,	592
exempted village, or local school district with territory in a	593
cooperative education school district established pursuant to	594
divisions (A) to (C) of section 3311.52 of the Revised Code may	595
enter into an agreement with the board of education of the	596
cooperative education school district for administering any	597
assessment prescribed under this section to students of the city,	598
exempted village, or local school district who are attending	599
school in the cooperative education school district.	600

(2) In accordance with rules that the state board of	601
education shall adopt, the board of education of any city,	602
exempted village, or local school district with territory in a	603
cooperative education school district established pursuant to	604
section 3311.521 of the Revised Code shall enter into an agreement	605
with the cooperative district that provides for the administration	606
of any assessment prescribed under this section to both of the	607
following:	608

(a) Students who are attending school in the cooperative	609
district and who, if the cooperative district were not	610
established, would be entitled to attend school in the city,	611
local, or exempted village school district pursuant to section	612
3313.64 or 3313.65 of the Revised Code;	613

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

614

Any assessment of students pursuant to such an agreement	615
shall be in lieu of any assessment of such students or persons	616
pursuant to this section.	617

(K)(1) As a condition of compliance with section 3313.612 of	618
the Revised Code, each chartered nonpublic school that educates	619
students in grades nine through twelve shall administer the	620
assessments prescribed by divisions (B)(1) and (2) of section	621
3301.0710 of the Revised Code. Any chartered nonpublic school may	622
participate in the assessment program by administering any of the	623
assessments prescribed by division (A) of section 3301.0710 of the	624
Revised Code. The chief administrator of the school shall specify	625
which assessments the school will administer. Such specification	626
shall be made in writing to the superintendent of public	627
instruction prior to the first day of August of any school year in	628
which assessments are administered and shall include a pledge that	629
the nonpublic school will administer the specified assessments in	630
the same manner as public schools are required to do under this	631
section and rules adopted by the department.	632

(2) The department of education shall furnish the assessments	633
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	634
to each chartered nonpublic school that participates under this	635
division.	636

(L)(1) The superintendent of the state school for the blind	637
and the superintendent of the state school for the deaf shall	638
administer the assessments described by sections 3301.0710 and	639
3301.0712 of the Revised Code. Each superintendent shall	640
administer the assessments in the same manner as district boards	641
are required to do under this section and rules adopted by the	642
department of education and in conformity with division (C)(1)(a)	643
of this section.	644

(2) The department of education shall furnish the assessments	645
described by sections 3301.0710 and 3301.0712 of the Revised Code	646
to each superintendent.	647

(M) Notwithstanding division (E) of this section, a school	648
district may use a student's failure to attain a score in at least	649
the proficient range on the mathematics assessment described by	650
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	651
an assessment described by division (A)(1)(b), (c), (d), (e), or	652
(f) of section 3301.0710 of the Revised Code as a factor in	653
retaining that student in the current grade level.	654

(N)(1) In the manner specified in divisions (N)(3) and (4) of	655
this section, the assessments required by division (A)(1) of	656
section 3301.0710 of the Revised Code shall become public records	657
pursuant to section 149.43 of the Revised Code on the first day of	658
July following the school year that the assessments were	659
administered.	660

(2) The department may field test proposed questions with	661
samples of students to determine the validity, reliability, or	662
appropriateness of questions for possible inclusion in a future	663
year's assessment. The department also may use anchor questions on	664
assessments to ensure that different versions of the same	665
assessment are of comparable difficulty.	666

Field test questions and anchor questions shall not be	667
considered in computing scores for individual students. Field test	668
questions and anchor questions may be included as part of the	669
administration of any assessment required by division (A)(1) or	670
(B)(1) of section 3301.0710 of the Revised Code.	671

(3) Any field test question or anchor question administered	672
under division (N)(2) of this section shall not be a public	673
record. Such field test questions and anchor questions shall be	674
redacted from any assessments which are released as a public	675
record pursuant to division (N)(1) of this section.	676

(4) This division applies to the assessments prescribed by	677
division (A) of section 3301.0710 of the Revised Code.	678

(a) The first administration of each assessment, as specified	679
in former section 3301.0712 of the Revised Code, shall be a public	680
record.	681

(b) For subsequent administrations of each assessment prior	682
to the 2011-2012 school year, not less than forty per cent of the	683
questions on the assessment that are used to compute a student's	684
score shall be a public record. The department shall determine	685
which questions will be needed for reuse on a future assessment	686
and those questions shall not be public records and shall be	687
redacted from the assessment prior to its release as a public	688
record. However, for each redacted question, the department shall	689
inform each city, local, and exempted village school district of	690
the statewide academic standard adopted by the state board of	691
education under section 3301.079 of the Revised Code and the	692
corresponding benchmark to which the question relates. The	693
preceding sentence does not apply to field test questions that are	694
redacted under division (N)(3) of this section.	695

(c) The administrations of each assessment in the 2011-2012	696
school year and later shall not be a public record.	697

(5) Each assessment prescribed by division (B)(1) of section	698
3301.0710 of the Revised Code shall not be a public record.	699

(O) As used in this section:

700

(1) "Three-year average" means the average of the most recent	701
consecutive three school years of data.	702

(2) "Dropout" means a student who withdraws from school	703
before completing course requirements for graduation and who is	704
not enrolled in an education program approved by the state board	705
of education or an education program outside the state. "Dropout"	706
does not include a student who has departed the country.	707

(3) "Graduation rate" means the ratio of students receiving a	708
diploma to the number of students who entered ninth grade four	709
years earlier. Students who transfer into the district are added	710
to the calculation. Students who transfer out of the district for	711
reasons other than dropout are subtracted from the calculation. If	712
a student who was a dropout in any previous year returns to the	713
same school district, that student shall be entered into the	714
calculation as if the student had entered ninth grade four years	715
before the graduation year of the graduating class that the	716
student joins.	717

Sec. 3301.0714. (A) The state board of education shall adopt	718
rules for a statewide education management information system. The	719
rules shall require the state board to establish guidelines for	720
the establishment and maintenance of the system in accordance with	721
this section and the rules adopted under this section. The	722
guidelines shall include:	723

(1) Standards identifying and defining the types of data in	724
the system in accordance with divisions (B) and (C) of this	725
section;	726

(2) Procedures for annually collecting and reporting the data	727
to the state board in accordance with division (D) of this	728
section;	729

(3) Procedures for annually compiling the data in accordance	730
with division (G) of this section;	731

(4) Procedures for annually reporting the data to the public	732
in accordance with division (H) of this section.	733

(B) The guidelines adopted under this section shall require	734
the data maintained in the education management information system	735
to include at least the following:	736

(1) Student participation and performance data, for each	737
grade in each school district as a whole and for each grade in	738
each school building in each school district, that includes:	739

(a) The numbers of students receiving each category of	740
instructional service offered by the school district, such as	741
regular education instruction, vocational education instruction,	742
specialized instruction programs or enrichment instruction that is	743
part of the educational curriculum, instruction for gifted	744
students, instruction for students with disabilities, and remedial	745
instruction. The guidelines shall require instructional services	746
under this division to be divided into discrete categories if an	747
instructional service is limited to a specific subject, a specific	748
type of student, or both, such as regular instructional services	749
in mathematics, remedial reading instructional services,	750
instructional services specifically for students gifted in	751
mathematics or some other subject area, or instructional services	752
for students with a specific type of disability. The categories of	753
instructional services required by the guidelines under this	754
division shall be the same as the categories of instructional	755
services used in determining cost units pursuant to division	756
(C)(3) of this section.	757

(b) The numbers of students receiving support or	758
extracurricular services for each of the support services or	759
extracurricular programs offered by the school district, such as	760
counseling services, health services, and extracurricular sports	761
and fine arts programs. The categories of services required by the	762
guidelines under this division shall be the same as the categories	763
of services used in determining cost units pursuant to division	764
(C)(4)(a) of this section.	765

(c) Average student grades in each subject in grades nine	766
through twelve;	767

(d) Academic achievement levels as assessed under sections	768
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	769

(e) The number of students designated as having a disabling	770
condition pursuant to division (C)(1) of section 3301.0711 of the	771
Revised Code;	772

(f) The numbers of students reported to the state board	773
pursuant to division (C)(2) of section 3301.0711 of the Revised	774
Code;	775

(g) Attendance rates and the average daily attendance for the	776
year. For purposes of this division, a student shall be counted as	777
present for any field trip that is approved by the school	778
administration.	779

(h) Expulsion rates;

780

(i) Suspension rates;

781

(j) Dropout rates;

782

(k) Rates of retention in grade;

783

(l) For pupils in grades nine through twelve, the average	784
number of carnegie units, as calculated in accordance with state	785
board of education rules;	786

(m) Graduation rates, to be calculated in a manner specified	787
by the department of education that reflects the rate at which	788
students who were in the ninth grade three years prior to the	789
current year complete school and that is consistent with	790
nationally accepted reporting requirements;	791

(n) Results of diagnostic assessments administered to	792
kindergarten students as required under section 3301.0715 of the	793
Revised Code to permit a comparison of the academic readiness of	794
kindergarten students. However, no district shall be required to	795
report to the department the results of any diagnostic assessment	796
administered to a kindergarten student if the parent of that	797
student requests the district not to report those results.	798

(2) Personnel and classroom enrollment data for each school	799
district, including:	800

(a) The total numbers of licensed employees and nonlicensed	801
employees and the numbers of full-time equivalent licensed	802
employees and nonlicensed employees providing each category of	803
instructional service, instructional support service, and	804
administrative support service used pursuant to division (C)(3) of	805
this section. The guidelines adopted under this section shall	806
require these categories of data to be maintained for the school	807
district as a whole and, wherever applicable, for each grade in	808
the school district as a whole, for each school building as a	809
whole, and for each grade in each school building.	810

(b) The total number of employees and the number of full-time	811
equivalent employees providing each category of service used	812
pursuant to divisions (C)(4)(a) and (b) of this section, and the	813
total numbers of licensed employees and nonlicensed employees and	814
the numbers of full-time equivalent licensed employees and	815
nonlicensed employees providing each category used pursuant to	816
division (C)(4)(c) of this section. The guidelines adopted under	817
this section shall require these categories of data to be	818
maintained for the school district as a whole and, wherever	819
applicable, for each grade in the school district as a whole, for	820
each school building as a whole, and for each grade in each school	821
building.	822

(c) The total number of regular classroom teachers teaching	823
classes of regular education and the average number of pupils	824
enrolled in each such class, in each of grades kindergarten	825
through five in the district as a whole and in each school	826
building in the school district.	827

(d) The number of lead teachers employed by each school	828
district and each school building.	829

(3)(a) Student demographic data for each school district,	830
including information regarding the gender ratio of the school	831
district's pupils, the racial make-up of the school district's	832
pupils, the number of limited English proficient students in the	833
district, and an appropriate measure of the number of the school	834
district's pupils who reside in economically disadvantaged	835
households. The demographic data shall be collected in a manner to	836
allow correlation with data collected under division (B)(1) of	837
this section. Categories for data collected pursuant to division	838
(B)(3) of this section shall conform, where appropriate, to	839
standard practices of agencies of the federal government.	840

(b) With respect to each student entering kindergarten,	841
whether the student previously participated in a public preschool	842
program, a private preschool program, or a head start program, and	843
the number of years the student participated in each of these	844
programs.	845

(4) Any data required to be collected pursuant to federal	846
law.	847

(C) The education management information system shall include	848
cost accounting data for each district as a whole and for each	849
school building in each school district. The guidelines adopted	850
under this section shall require the cost data for each school	851
district to be maintained in a system of mutually exclusive cost	852
units and shall require all of the costs of each school district	853
to be divided among the cost units. The guidelines shall require	854
the system of mutually exclusive cost units to include at least	855
the following:	856

(1) Administrative costs for the school district as a whole.	857
The guidelines shall require the cost units under this division	858
(C)(1) to be designed so that each of them may be compiled and	859
reported in terms of average expenditure per pupil in formula ADM	860
in the school district, as determined pursuant to section 3317.03	861
of the Revised Code.	862

(2) Administrative costs for each school building in the	863
school district. The guidelines shall require the cost units under	864
this division (C)(2) to be designed so that each of them may be	865
compiled and reported in terms of average expenditure per	866
full-time equivalent pupil receiving instructional or support	867
services in each building.	868

(3) Instructional services costs for each category of	869
instructional service provided directly to students and required	870
by guidelines adopted pursuant to division (B)(1)(a) of this	871
section. The guidelines shall require the cost units under	872
division (C)(3) of this section to be designed so that each of	873
them may be compiled and reported in terms of average expenditure	874
per pupil receiving the service in the school district as a whole	875
and average expenditure per pupil receiving the service in each	876
building in the school district and in terms of a total cost for	877
each category of service and, as a breakdown of the total cost, a	878
cost for each of the following components:	879

(a) The cost of each instructional services category required	880
by guidelines adopted under division (B)(1)(a) of this section	881
that is provided directly to students by a classroom teacher;	882

(b) The cost of the instructional support services, such as	883
services provided by a speech-language pathologist, classroom	884
aide, multimedia aide, or librarian, provided directly to students	885
in conjunction with each instructional services category;	886

(c) The cost of the administrative support services related	887
to each instructional services category, such as the cost of	888
personnel that develop the curriculum for the instructional	889
services category and the cost of personnel supervising or	890
coordinating the delivery of the instructional services category.	891

(4) Support or extracurricular services costs for each	892
category of service directly provided to students and required by	893
guidelines adopted pursuant to division (B)(1)(b) of this section.	894
The guidelines shall require the cost units under division (C)(4)	895
of this section to be designed so that each of them may be	896
compiled and reported in terms of average expenditure per pupil	897
receiving the service in the school district as a whole and	898
average expenditure per pupil receiving the service in each	899
building in the school district and in terms of a total cost for	900
each category of service and, as a breakdown of the total cost, a	901
cost for each of the following components:	902

(a) The cost of each support or extracurricular services	903
category required by guidelines adopted under division (B)(1)(b)	904
of this section that is provided directly to students by a	905
licensed employee, such as services provided by a guidance	906
counselor or any services provided by a licensed employee under a	907
supplemental contract;	908

(b) The cost of each such services category provided directly	909
to students by a nonlicensed employee, such as janitorial	910
services, cafeteria services, or services of a sports trainer;	911

(c) The cost of the administrative services related to each	912
services category in division (C)(4)(a) or (b) of this section,	913
such as the cost of any licensed or nonlicensed employees that	914
develop, supervise, coordinate, or otherwise are involved in	915
administering or aiding the delivery of each services category.	916

(D)(1) The guidelines adopted under this section shall	917
require school districts to collect information about individual	918
students, staff members, or both in connection with any data	919
required by division (B) or (C) of this section or other reporting	920
requirements established in the Revised Code. The guidelines may	921
also require school districts to report information about	922
individual staff members in connection with any data required by	923
division (B) or (C) of this section or other reporting	924
requirements established in the Revised Code. The guidelines shall	925
not authorize school districts to request social security numbers	926
of individual students. The guidelines shall prohibit the	927
reporting under this section of a student's name, address, and	928
social security number to the state board of education or the	929
department of education. The guidelines shall also prohibit the	930
reporting under this section of any personally identifiable	931
information about any student, except for the purpose of assigning	932
the data verification code required by division (D)(2) of this	933
section, to any other person unless such person is employed by the	934
school district or the information technology center operated	935
under section 3301.075 of the Revised Code and is authorized by	936
the district or technology center to have access to such	937
information or is employed by an entity with which the department	938
contracts for the scoring or the development of state assessments	939
~~administered under section 3301.0711 of the Revised Code~~. The	940
guidelines may require school districts to provide the social	941
security numbers of individual staff members and the county of	942
residence for a student. Nothing in this section prohibits the	943
state board of education or department of education from providing	944
a student's county of residence to the department of taxation to	945
facilitate the distribution of tax revenue.	946

(2)(a) The guidelines shall provide for each school district	947
or community school to assign a data verification code that is	948
unique on a statewide basis over time to each student whose	949
initial Ohio enrollment is in that district or school and to	950
report all required individual student data for that student	951
utilizing such code. The guidelines shall also provide for	952
assigning data verification codes to all students enrolled in	953
districts or community schools on the effective date of the	954
guidelines established under this section. The assignment of data	955
verification codes for other entities, as described in division	956
(D)(2)(c) of this section, the use of those codes, and the	957
reporting and use of associated individual student data shall be	958
coordinated by the department in accordance with state and federal	959
law.	960

School districts shall report individual student data to the	961
department through the information technology centers utilizing	962
the code. The entities described in division (D)(2)(c) of this	963
section shall report individual student data to the department in	964
the manner prescribed by the department.	965

Except as provided in sections 3301.941, 3310.11, 3310.42,	966
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	967
shall the state board or the department have access to information	968
that would enable any data verification code to be matched to	969
personally identifiable student data.	970

(b) Each school district and community school shall ensure	971
that the data verification code is included in the student's	972
records reported to any subsequent school district, community	973
school, or state institution of higher education, as defined in	974
section 3345.011 of the Revised Code, in which the student	975
enrolls. Any such subsequent district or school shall utilize the	976
same identifier in its reporting of data under this section.	977

(c) The director of any state agency that administers a	978
publicly funded program providing services to children who are	979
younger than compulsory school age, as defined in section 3321.01	980
of the Revised Code, including the directors of health, job and	981
family services, mental health, and developmental disabilities,	982
shall request and receive, pursuant to sections 3301.0723 and	983
3701.62 of the Revised Code, a data verification code for a child	984
who is receiving those services.	985

(E) The guidelines adopted under this section may require	986
school districts to collect and report data, information, or	987
reports other than that described in divisions (A), (B), and (C)	988
of this section for the purpose of complying with other reporting	989
requirements established in the Revised Code. The other data,	990
information, or reports may be maintained in the education	991
management information system but are not required to be compiled	992
as part of the profile formats required under division (G) of this	993
section or the annual statewide report required under division (H)	994
of this section.	995

(F) Beginning with the school year that begins July 1, 1991,	996
the board of education of each school district shall annually	997
collect and report to the state board, in accordance with the	998
guidelines established by the board, the data required pursuant to	999
this section. A school district may collect and report these data	1000
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1001

(G) The state board shall, in accordance with the procedures	1002
it adopts, annually compile the data reported by each school	1003
district pursuant to division (D) of this section. The state board	1004
shall design formats for profiling each school district as a whole	1005
and each school building within each district and shall compile	1006
the data in accordance with these formats. These profile formats	1007
shall:	1008

(1) Include all of the data gathered under this section in a	1009
manner that facilitates comparison among school districts and	1010
among school buildings within each school district;	1011

(2) Present the data on academic achievement levels as	1012
assessed by the testing of student achievement maintained pursuant	1013
to division (B)(1)(d) of this section.	1014

(H)(1) The state board shall, in accordance with the	1015
procedures it adopts, annually prepare a statewide report for all	1016
school districts and the general public that includes the profile	1017
of each of the school districts developed pursuant to division (G)	1018
of this section. Copies of the report shall be sent to each school	1019
district.	1020

(2) The state board shall, in accordance with the procedures	1021
it adopts, annually prepare an individual report for each school	1022
district and the general public that includes the profiles of each	1023
of the school buildings in that school district developed pursuant	1024
to division (G) of this section. Copies of the report shall be	1025
sent to the superintendent of the district and to each member of	1026
the district board of education.	1027

(3) Copies of the reports received from the state board under	1028
divisions (H)(1) and (2) of this section shall be made available	1029
to the general public at each school district's offices. Each	1030
district board of education shall make copies of each report	1031
available to any person upon request and payment of a reasonable	1032
fee for the cost of reproducing the report. The board shall	1033
annually publish in a newspaper of general circulation in the	1034
school district, at least twice during the two weeks prior to the	1035
week in which the reports will first be available, a notice	1036
containing the address where the reports are available and the	1037
date on which the reports will be available.	1038

(I) Any data that is collected or maintained pursuant to this	1039
section and that identifies an individual pupil is not a public	1040
record for the purposes of section 149.43 of the Revised Code.	1041

(J) As used in this section:

1042

(1) "School district" means any city, local, exempted	1043
village, or joint vocational school district and, in accordance	1044
with section 3314.17 of the Revised Code, any community school. As	1045
used in division (L) of this section, "school district" also	1046
includes any educational service center or other educational	1047
entity required to submit data using the system established under	1048
this section.	1049

(2) "Cost" means any expenditure for operating expenses made	1050
by a school district excluding any expenditures for debt	1051
retirement except for payments made to any commercial lending	1052
institution for any loan approved pursuant to section 3313.483 of	1053
the Revised Code.	1054

(K) Any person who removes data from the information system	1055
established under this section for the purpose of releasing it to	1056
any person not entitled under law to have access to such	1057
information is subject to section 2913.42 of the Revised Code	1058
prohibiting tampering with data.	1059

(L)(1) In accordance with division (L)(2) of this section and	1060
the rules adopted under division (L)(10) of this section, the	1061
department of education may sanction any school district that	1062
reports incomplete or inaccurate data, reports data that does not	1063
conform to data requirements and descriptions published by the	1064
department, fails to report data in a timely manner, or otherwise	1065
does not make a good faith effort to report data as required by	1066
this section.	1067

(2) If the department decides to sanction a school district	1068
under this division, the department shall take the following	1069
sequential actions:	1070

(a) Notify the district in writing that the department has	1071
determined that data has not been reported as required under this	1072
section and require the district to review its data submission and	1073
submit corrected data by a deadline established by the department.	1074
The department also may require the district to develop a	1075
corrective action plan, which shall include provisions for the	1076
district to provide mandatory staff training on data reporting	1077
procedures.	1078

(b) Withhold up to ten per cent of the total amount of state	1079
funds due to the district for the current fiscal year and, if not	1080
previously required under division (L)(2)(a) of this section,	1081
require the district to develop a corrective action plan in	1082
accordance with that division;	1083

(c) Withhold an additional amount of up to twenty per cent of	1084
the total amount of state funds due to the district for the	1085
current fiscal year;	1086

(d) Direct department staff or an outside entity to	1087
investigate the district's data reporting practices and make	1088
recommendations for subsequent actions. The recommendations may	1089
include one or more of the following actions:	1090

(i) Arrange for an audit of the district's data reporting	1091
practices by department staff or an outside entity;	1092

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

1093

(iii) Withhold an additional amount of up to thirty per cent	1094
of the total amount of state funds due to the district for the	1095
current fiscal year;	1096

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

1097

(v) Assign department staff to supervise the district's data	1098
management system;	1099

(vi) Conduct an investigation to determine whether to suspend	1100
or revoke the license of any district employee in accordance with	1101
division (N) of this section;	1102

(vii) If the district is issued a report card under section	1103
3302.03 of the Revised Code, indicate on the report card that the	1104
district has been sanctioned for failing to report data as	1105
required by this section;	1106

(viii) If the district is issued a report card under section	1107
3302.03 of the Revised Code and incomplete or inaccurate data	1108
submitted by the district likely caused the district to receive a	1109
higher performance rating than it deserved under that section,	1110
issue a revised report card for the district;	1111

(ix) Any other action designed to correct the district's data	1112
reporting problems.	1113

(3) Any time the department takes an action against a school	1114
district under division (L)(2) of this section, the department	1115
shall make a report of the circumstances that prompted the action.	1116
The department shall send a copy of the report to the district	1117
superintendent or chief administrator and maintain a copy of the	1118
report in its files.	1119

(4) If any action taken under division (L)(2) of this section	1120
resolves a school district's data reporting problems to the	1121
department's satisfaction, the department shall not take any	1122
further actions described by that division. If the department	1123
withheld funds from the district under that division, the	1124
department may release those funds to the district, except that if	1125
the department withheld funding under division (L)(2)(c) of this	1126
section, the department shall not release the funds withheld under	1127
division (L)(2)(b) of this section and, if the department withheld	1128
funding under division (L)(2)(d) of this section, the department	1129
shall not release the funds withheld under division (L)(2)(b) or	1130
(c) of this section.	1131

(5) Notwithstanding anything in this section to the contrary,	1132
the department may use its own staff or an outside entity to	1133
conduct an audit of a school district's data reporting practices	1134
any time the department has reason to believe the district has not	1135
made a good faith effort to report data as required by this	1136
section. If any audit conducted by an outside entity under	1137
division (L)(2)(d)(i) or (5) of this section confirms that a	1138
district has not made a good faith effort to report data as	1139
required by this section, the district shall reimburse the	1140
department for the full cost of the audit. The department may	1141
withhold state funds due to the district for this purpose.	1142

(6) Prior to issuing a revised report card for a school	1143
district under division (L)(2)(d)(viii) of this section, the	1144
department may hold a hearing to provide the district with an	1145
opportunity to demonstrate that it made a good faith effort to	1146
report data as required by this section. The hearing shall be	1147
conducted by a referee appointed by the department. Based on the	1148
information provided in the hearing, the referee shall recommend	1149
whether the department should issue a revised report card for the	1150
district. If the referee affirms the department's contention that	1151
the district did not make a good faith effort to report data as	1152
required by this section, the district shall bear the full cost of	1153
conducting the hearing and of issuing any revised report card.	1154

(7) If the department determines that any inaccurate data	1155
reported under this section caused a school district to receive	1156
excess state funds in any fiscal year, the district shall	1157
reimburse the department an amount equal to the excess funds, in	1158
accordance with a payment schedule determined by the department.	1159
The department may withhold state funds due to the district for	1160
this purpose.	1161

(8) Any school district that has funds withheld under	1162
division (L)(2) of this section may appeal the withholding in	1163
accordance with Chapter 119. of the Revised Code.	1164

(9) In all cases of a disagreement between the department and	1165
a school district regarding the appropriateness of an action taken	1166
under division (L)(2) of this section, the burden of proof shall	1167
be on the district to demonstrate that it made a good faith effort	1168
to report data as required by this section.	1169

(10) The state board of education shall adopt rules under	1170
Chapter 119. of the Revised Code to implement division (L) of this	1171
section.	1172

(M) No information technology center or school district shall	1173
acquire, change, or update its student administration software	1174
package to manage and report data required to be reported to the	1175
department unless it converts to a student software package that	1176
is certified by the department.	1177

(N) The state board of education, in accordance with sections	1178
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1179
license as defined under division (A) of section 3319.31 of the	1180
Revised Code that has been issued to any school district employee	1181
found to have willfully reported erroneous, inaccurate, or	1182
incomplete data to the education management information system.	1183

(O) No person shall release or maintain any information about	1184
any student in violation of this section. Whoever violates this	1185
division is guilty of a misdemeanor of the fourth degree.	1186

(P) The department shall disaggregate the data collected	1187
under division (B)(1)(n) of this section according to the race and	1188
socioeconomic status of the students assessed. No data collected	1189
under that division shall be included on the report cards required	1190
by section 3302.03 of the Revised Code.	1191

(Q) If the department cannot compile any of the information	1192
required by division ~~(C)(5)~~(H) of section 3302.03 of the Revised	1193
Code based upon the data collected under this section, the	1194
department shall develop a plan and a reasonable timeline for the	1195
collection of any data necessary to comply with that division.	1196

Sec. 3301.0715. (A) Except as otherwise required under	1197
division (B)(1) of section 3313.608 of the Revised Code, the board	1198
of education of each city, local, and exempted village school	1199
district shall administer each applicable diagnostic assessment	1200
developed and provided to the district in accordance with section	1201
3301.079 of the Revised Code to the following:	1202

(1) ~~Each student enrolled in a building that has failed to~~	1203
~~make adequate yearly progress for two or more consecutive school~~	1204
~~years;~~	1205

~~(2)~~ Any student who transfers into the district or to a	1206
different school within the district if each applicable diagnostic	1207
assessment was not administered by the district or school the	1208
student previously attended in the current school year, within	1209
thirty days after the date of transfer. If the district or school	1210
into which the student transfers cannot determine whether the	1211
student has taken any applicable diagnostic assessment in the	1212
current school year, the district or school may administer the	1213
diagnostic assessment to the student.	1214

~~(3)~~(2) Each kindergarten student, not earlier than four weeks	1215
prior to the first day of school and not later than the first day	1216
of October. For the purpose of division (A)~~(3)~~(2) of this section,	1217
the district shall administer the kindergarten readiness	1218
assessment provided by the department of education. In no case	1219
shall the results of the readiness assessment be used to prohibit	1220
a student from enrolling in kindergarten.	1221

~~(4)~~(3) Each student enrolled in first or, second, or third	1222
grade.	1223

(B) Each district board shall administer each diagnostic	1224
assessment aswhen the board deems appropriate, provided the	1225
administration complies with section 3313.608 of the Revised Code.	1226
However, the board shall administer any diagnostic assessment at	1227
least once annually to all students in the appropriate grade	1228
level. A district board may administer any diagnostic assessment	1229
in the fall and spring of a school year to measure the amount of	1230
academic growth attributable to the instruction received by	1231
students during that school year.	1232

(C) Any district that received an excellent or effective	1233
rating for the immediately preceding school year, pursuant to	1234
section 3302.03 of the Revised Code as it existed prior to the	1235
effective date of this amendment or the equivalent of such rating	1236
as determined by the department of education, may use different	1237
diagnostic assessments from those adopted under division (D) of	1238
section 3301.079 of the Revised Code in order to satisfy the	1239
requirements of division (A)(2) of this section.	1240

(D) Each district board shall utilize and score any	1241
diagnostic assessment administered under division (A) of this	1242
section in accordance with rules established by the department.	1243
After the administration of any diagnostic assessment, each	1244
district shall provide a student's completed diagnostic	1245
assessment, the results of such assessment, and any other	1246
accompanying documents used during the administration of the	1247
assessment to the parent of that student, and shall include all	1248
such documents and information in any plan developed for the	1249
student under division (C) of section 3313.608 of the Revised	1250
Code. Each district shall submit to the department, in the manner	1251
the department prescribes, the results of the diagnostic	1252
assessments administered under this section, regardless of the	1253
type of assessment used under section 3313.608 of the Revised	1254
Code. The department may issue reports with respect to the data	1255
collected.	1256

~~(D)~~(E) Each district board shall provide intervention	1257
services to students whose diagnostic assessments show that they	1258
are failing to make satisfactory progress toward attaining the	1259
academic standards for their grade level.	1260

~~(E) As used in this section, "adequate yearly progress" has~~	1261
~~the same meaning as in section 3302.01 of the Revised Code.~~	1262

Sec. 3302.01. As used in this chapter:

1263

(A) "Performance index score" means the average of the totals	1264
derived from calculations for each subject area of English	1265
language arts, mathematics, science, and social studies of the	1266
weighted proportion of untested students and students scoring at	1267
each level of skill described in division (A)(2) of section	1268
3301.0710 of the Revised Code on the assessments prescribed by	1269
divisions (A) and (B)(1) of that section. The department of	1270
education shall assign weights such that students who do not take	1271
an assessment receive a weight of zero and students who take an	1272
assessment receive progressively larger weights dependent upon the	1273
level of skill attained on the assessment. The department shall	1274
~~also determine the performance index score a school district or~~	1275
~~building needs to achieve for the purpose of the performance~~	1276
~~ratings assigned pursuant to section 3302.03~~assign additional	1277
weights to students who have been permitted to pass over a subject	1278
in accordance with a student acceleration policy adopted under	1279
section 3324.10 of the Revised Code. If such a student attains the	1280
proficient score prescribed under division (A)(2)(c) of section	1281
3301.0710 of the Revised Code or higher on an assessment, the	1282
department shall assign the student the weight prescribed for the	1283
next higher scoring level. If such a student attains the advanced	1284
score, prescribed under division (A)(2)(a) of section 3301.0710 of	1285
the Revised Code, on an assessment, the department shall assign to	1286
the student an additional proportional weight, as approved by the	1287
state board. For each school year that such a student's score is	1288
included in the performance index score and the student attains	1289
the proficient score on an assessment, that additional weight	1290
shall be assigned to the student on a subject-by-subject basis.	1291

Students shall be included in the "performance index score"	1292
in accordance with division ~~(D)~~(K)(2) of section 3302.03 of the	1293
Revised Code.	1294

(B) "Subgroup" means a subset of the entire student	1295
population of the state, a school district, or a school building	1296
and includes each of the following:	1297

(1) Major racial and ethnic groups;

1298

(2) Students with disabilities;

1299

(3) Economically disadvantaged students;

1300

(4) Limited English proficient students;

1301

(5) Students identified as gifted in superior cognitive	1302
ability and specific academic ability fields under Chapter 3324.	1303
of the Revised Code. For students who are gifted in specific	1304
academic ability fields, the department shall use data for those	1305
students with specific academic ability in math and reading. If	1306
any other academic field is assessed, the department shall also	1307
include data for students with specific academic ability in that	1308
field.	1309

(6) Students in the lowest quintile for achievement	1310
statewide, as determined by a method prescribed by the state board	1311
of education.	1312

(C) "No Child Left Behind Act of 2001" includes the statutes	1313
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	1314
rules and regulations promulgated pursuant to those statutes,	1315
guidance documents, and any other policy directives regarding	1316
implementation of that act issued by the United States department	1317
of education.	1318

(D) "Adequate yearly progress" means a measure of annual	1319
academic performance as calculated in accordance with the "No	1320
Child Left Behind Act of 2001."	1321

(E) "Supplemental educational services" means additional	1322
academic assistance, such as tutoring, remediation, or other	1323
educational enrichment activities, that is conducted outside of	1324
the regular school day by a provider approved by the department in	1325
accordance with the "No Child Left Behind Act of 2001."	1326

(F) "Value-added progress dimension" means a measure of	1327
academic gain for a student or group of students over a specific	1328
period of time that is calculated by applying a statistical	1329
methodology to individual student achievement data derived from	1330
the achievement assessments prescribed by section 3301.0710 of the	1331
Revised Code. The "value-added progress dimension" shall be	1332
developed and implemented in accordance with section 3302.021 of	1333
the Revised Code.	1334

(G)(1) "Four-year adjusted cohort graduation rate" means the	1335
number of students who graduate in four years or less with a	1336
regular high school diploma divided by the number of students who	1337
form the adjusted cohort for the graduating class.	1338

(2) "Five-year adjusted cohort graduation rate" means the	1339
number of students who graduate in five years with a regular high	1340
school diploma divided by the number of students who form the	1341
adjusted cohort for the four-year graduation rate.	1342

(H) "State institution of higher education" has the same	1343
meaning as in section 3345.011 of the Revised Code.	1344

(I) "Annual measurable objectives" means a measure of student	1345
progress determined in accordance with an agreement between the	1346
department of education and the United States department of	1347
education.	1348

Sec. 3302.02. Not later than one year after the adoption of	1349
rules under division (D) of section 3301.0712 of the Revised Code	1350
and at least every sixth year thereafter, upon recommendations of	1351
the superintendent of public instruction, the state board of	1352
education shall establish a set of performance indicators that	1353
considered as a unit will be used as one of the performance	1354
categories for the report cards required by ~~division (C) of~~	1355
section 3302.03 of the Revised Code. In establishing these	1356
indicators, the superintendent shall consider inclusion of student	1357
performance on assessments prescribed under section 3301.0710 or	1358
3301.0712 of the Revised Code, rates of student improvement on	1359
such assessments, ~~student attendance,~~ the breadth of coursework	1360
available within the district, and other indicators of student	1361
success. ~~Not later than December 31, 2011, the state board, upon~~	1362
~~recommendation of the superintendent, shall establish a~~	1363

Beginning with the report card for the 2014-2015 school year,	1364
the performance ~~indicator reflecting~~indicators shall include an	1365
indicator that reflects the level of services provided to, and the	1366
performance of, students identified as gifted under Chapter 3324.	1367
of the Revised Code. The indicator shall include the performance	1368
of students identified as gifted on state assessments and	1369
value-added growth measure disaggregated for students identified	1370
as gifted.	1371

For the 2013-2014 school year, except as otherwise provided	1372
in this section, for any indicator based on the percentage of	1373
students attaining a proficient score on the assessments	1374
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	1375
Revised Code, a school district or building shall be considered to	1376
have met the indicator if at least eighty per cent of the tested	1377
students attain a score of proficient or higher on the assessment.	1378
A school district or building shall be considered to have met the	1379
indicator for the assessments prescribed by division (B)(1) of	1380
section 3301.0710 of the Revised Code and only as administered to	1381
eleventh grade students, if at least eighty-five per cent of the	1382
tested students attain a score of proficient or higher on the	1383
assessment. Not later than July 1, 2014, the state board may adopt	1384
rules, under Chapter 119. of the Revised Code, to establish	1385
different proficiency percentages to meet each indicator that is	1386
based on a state assessment for the 2014-2015 school year and	1387
thereafter.	1388

~~The superintendent shall inform the Ohio accountability task~~	1389
~~force established under section 3302.021 of the Revised Code of~~	1390
~~the performance indicators the superintendent establishes under~~	1391
~~this section and the rationale for choosing each indicator and for~~	1392
~~determining how a school district or building meets that~~	1393
~~indicator.~~	1394

The superintendent shall not establish any performance	1395
indicator for passage of the third or fourth grade English	1396
language arts assessment that is solely based on the assessment	1397
given in the fall for the purpose of determining whether students	1398
have met the reading guarantee provisions of section 3313.608 of	1399
the Revised Code.	1400

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1401
later than July 1, 2007, the department of education shall	1402
implement a value-added progress dimension for school districts	1403
and buildings and shall incorporate the value-added progress	1404
dimension into the report cards and performance ratings issued for	1405
districts and buildings under section 3302.03 of the Revised Code.	1406

The state board of education shall adopt rules, pursuant to	1407
Chapter 119. of the Revised Code, for the implementation of the	1408
value-added progress dimension. ~~In adopting rules, the state board~~	1409
~~shall consult with the Ohio accountability task force established~~	1410
~~under division (E) of this section.~~ The rules adopted under this	1411
division shall specify both of the following:	1412

(1) A scale for describing the levels of academic progress in	1413
reading and mathematics relative to a standard year of academic	1414
growth in those subjects for each of grades three through eight;	1415

(2) That the department shall maintain the confidentiality of	1416
individual student test scores and individual student reports in	1417
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1418
Revised Code and federal law. The department may require school	1419
districts to use a unique identifier for each student for this	1420
purpose. Individual student test scores and individual student	1421
reports shall be made available only to a student's classroom	1422
teacher and other appropriate educational personnel and to the	1423
student's parent or guardian.	1424

(B) The department shall use a system designed for collecting	1425
necessary data, calculating the value-added progress dimension,	1426
analyzing data, and generating reports, which system has been used	1427
previously by a nonprofit organization led by the Ohio business	1428
community for at least one year in the operation of a pilot	1429
program in cooperation with school districts to collect and report	1430
student achievement data via electronic means and to provide	1431
information to the districts regarding the academic performance of	1432
individual students, grade levels, school buildings, and the	1433
districts as a whole.	1434

(C) The department shall not pay more than two dollars per	1435
student for data analysis and reporting to implement the	1436
value-added progress dimension in the same manner and with the	1437
same services as under the pilot program described by division (B)	1438
of this section. However, nothing in this section shall preclude	1439
the department or any school district from entering into a	1440
contract for the provision of more services at a higher fee per	1441
student. Any data analysis conducted under this section by an	1442
entity under contract with the department shall be completed in	1443
accordance with timelines established by the superintendent of	1444
public instruction.	1445

(D) The department shall share any aggregate student data and	1446
any calculation, analysis, or report utilizing aggregate student	1447
data that is generated under this section with the chancellor of	1448
the Ohio board of regents. The department shall not share	1449
individual student test scores and individual student reports with	1450
the chancellor.	1451

~~(E)(1) There is hereby established the Ohio accountability~~	1452
~~task force. The task force shall consist of the following thirteen~~	1453
~~members:~~	1454

~~(a) The chairpersons and ranking minority members of the~~	1455
~~house of representatives and senate standing committees primarily~~	1456
~~responsible for education legislation, who shall be nonvoting~~	1457
~~members;~~	1458

~~(b) One representative of the governor's office, appointed by~~	1459
~~the governor;~~	1460

~~(c) The superintendent of public instruction, or the~~	1461
~~superintendent's designee;~~	1462

~~(d) One representative of teacher employee organizations~~	1463
~~formed pursuant to Chapter 4117. of the Revised Code, appointed by~~	1464
~~the speaker of the house of representatives;~~	1465

~~(e) One representative of school district boards of~~	1466
~~education, appointed by the president of the senate;~~	1467

~~(f) One school district superintendent, appointed by the~~	1468
~~speaker of the house of representatives;~~	1469

~~(g) One representative of business, appointed by the~~	1470
~~president of the senate;~~	1471

~~(h) One representative of a nonprofit organization led by the~~	1472
~~Ohio business community, appointed by the governor;~~	1473

~~(i) One school building principal, appointed by the president~~	1474
~~of the senate;~~	1475

~~(j) A member of the state board of education, appointed by~~	1476
~~the speaker of the house of representatives.~~	1477

~~Initial appointed members of the task force shall serve until~~	1478
~~January 1, 2005. Thereafter, terms of office for appointed members~~	1479
~~shall be for two years, each term ending on the same day of the~~	1480
~~same month as did the term that it succeeds. Each appointed member~~	1481
~~shall hold office from the date of appointment until the end of~~	1482
~~the term for which the member was appointed. Members may be~~	1483
~~reappointed. Vacancies shall be filled in the same manner as the~~	1484
~~original appointment. Any member appointed to fill a vacancy~~	1485
~~occurring prior to the expiration of the term for which the~~	1486
~~member's predecessor was appointed shall hold office for the~~	1487
~~remainder of that term.~~	1488

~~The task force shall select from among its members a~~	1489
~~chairperson. The task force shall meet at least once each calendar~~	1490
~~year and at other times upon the call of the chairperson to~~	1491
~~conduct its business. Members of the task force shall serve~~	1492
~~without compensation.~~	1493

~~(2) The task force shall do all of the following:~~

1494

~~(a) Examine the implementation of the value-added progress~~	1495
~~dimension by the department, including the system described in~~	1496
~~division (B) of this section, the reporting of performance data to~~	1497
~~school districts and buildings, and the provision of professional~~	1498
~~development on the interpretation of the data to classroom~~	1499
~~teachers and administrators;~~	1500

~~(b) Periodically review any fees for data analysis and~~	1501
~~reporting paid by the department pursuant to division (C) of this~~	1502
~~section and determine if the fees are appropriate based upon the~~	1503
~~level of services provided;~~	1504

~~(c) Periodically report to the department and~~ ~~the~~ state board	1505
on all issues related to the school district and building	1506
accountability system established under this chapter;	1507

~~(d) Not later than seven years after its initial meeting,~~	1508
~~make recommendations to improve the school district and building~~	1509
~~accountability system established under this chapter. The task~~	1510
~~force shall adopt recommendations by a majority vote of its~~	1511
~~members. Copies of the recommendations shall be provided to the~~	1512
~~state board, the governor, the speaker of the house of~~	1513
~~representatives, and the president of the senate.~~	1514

~~(e) Determine starting dates for the implementation of the~~	1515
~~value-added progress dimension and its incorporation into school~~	1516
~~district and building report cards and performance ratings.~~	1517

Sec. 3302.03. ~~(A) Annually the department of education shall~~	1518
~~report for each school district and each school building in a~~	1519
~~district all of the following:~~	1520

~~(1) The extent to which the school district or building meets~~	1521
~~each of the applicable performance indicators created by the state~~	1522
~~board of education under section 3302.02 of the Revised Code and~~	1523
~~the number of applicable performance indicators that have been~~	1524
~~achieved;~~	1525

~~(2) The performance index score of the school district or~~	1526
~~building;~~	1527

~~(3) Whether the school district or building has made adequate~~	1528
~~yearly progress;~~	1529

~~(4) Whether the school district or building is excellent,~~	1530
~~effective, needs continuous improvement, is under an academic~~	1531
~~watch, or is in a state of academic emergency.~~	1532

~~(B) Except as otherwise provided in division (B)(6) of this~~	1533
~~section:~~	1534

~~(1) A school district or building shall be declared excellent~~	1535
~~if it meets at least ninety-four per cent of the applicable state~~	1536
~~performance indicators or has a performance index score~~	1537
~~established by the department, except that if it does not make~~	1538
~~adequate yearly progress for two or more of the same subgroups for~~	1539
~~three or more consecutive years, it shall be declared effective.~~	1540

~~(2) A school district or building shall be declared effective~~	1541
~~if it meets at least seventy-five per cent but less than~~	1542
~~ninety-four per cent of the applicable state performance~~	1543
~~indicators or has a performance index score established by the~~	1544
~~department, except that if it does not make adequate yearly~~	1545
~~progress for two or more of the same subgroups for three or more~~	1546
~~consecutive years, it shall be declared in need of continuous~~	1547
~~improvement.~~	1548

~~(3) A school district or building shall be declared to be in~~	1549
~~need of continuous improvement if it fulfills one of the following~~	1550
~~requirements:~~	1551

~~(a) It makes adequate yearly progress, meets less than~~	1552
~~seventy-five per cent of the applicable state performance~~	1553
~~indicators, and has a performance index score established by the~~	1554
~~department.~~	1555

~~(b) It does not make adequate yearly progress and either~~	1556
~~meets at least fifty per cent but less than seventy-five per cent~~	1557
~~of the applicable state performance indicators or has a~~	1558
~~performance index score established by the department.~~	1559

~~(4) A school district or building shall be declared to be~~	1560
~~under an academic watch if it does not make adequate yearly~~	1561
~~progress and either meets at least thirty-one per cent but less~~	1562
~~than fifty per cent of the applicable state performance indicators~~	1563
~~or has a performance index score established by the department.~~	1564

~~(5) A school district or building shall be declared to be in~~	1565
~~a state of academic emergency if it does not make adequate yearly~~	1566
~~progress, does not meet at least thirty-one per cent of the~~	1567
~~applicable state performance indicators, and has a performance~~	1568
~~index score established by the department.~~	1569

~~(6) Division (B)(6) of this section does not apply to any~~	1570
~~community school established under Chapter 3314. of the Revised~~	1571
~~Code in which a majority of the students are enrolled in a dropout~~	1572
~~prevention and recovery program.~~	1573

~~A school district or building shall not be assigned a higher~~	1574
~~performance rating than in need of continuous improvement if at~~	1575
~~least ten per cent but not more than fifteen per cent of the~~	1576
~~enrolled students do not take all achievement assessments~~	1577
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1578
~~of section 3301.0710 of the Revised Code from which they are not~~	1579
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1580
~~the Revised Code. A school district or building shall not be~~	1581
~~assigned a higher performance rating than under an academic watch~~	1582
~~if more than fifteen per cent but not more than twenty per cent of~~	1583
~~the enrolled students do not take all achievement assessments~~	1584
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1585
~~of section 3301.0710 of the Revised Code from which they are not~~	1586
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1587
~~the Revised Code. A school district or building shall not be~~	1588
~~assigned a higher performance rating than in a state of academic~~	1589
~~emergency if more than twenty per cent of the enrolled students do~~	1590
~~not take all achievement assessments prescribed for their grade~~	1591
~~level under division (A)(1) or (B)(1) of section 3301.0710 of the~~	1592
~~Revised Code from which they are not excused pursuant to division~~	1593
~~(C)(1) or (3) of section 3301.0711 of the Revised Code.~~	1594

~~(C)(1) The department shall issue annual report cards for~~	1595
~~each school district, each building within each district, and for~~	1596
~~the state as a whole reflecting performance on the indicators~~	1597
~~created by the state board under section 3302.02 of the Revised~~	1598
~~Code, the performance index score, and adequate yearly progress.~~	1599

~~(2) The department shall include on the report card for each~~	1600
~~district information pertaining to any change from the previous~~	1601
~~year made by the school district or school buildings within the~~	1602
~~district on any performance indicator.~~	1603

~~(3)~~Annually, not later than the fifteenth day of September	1604
or the preceding Friday when that day falls on a Saturday or	1605
Sunday, the department of education shall assign a letter grade	1606
for overall academic performance and for each separate performance	1607
measure for each school district, and each school building in a	1608
district, in accordance with this section. The state board shall	1609
adopt rules pursuant to Chapter 119. of the Revised Code to	1610
establish performance criteria for each letter grade and prescribe	1611
a method by which the department assigns each letter grade. For a	1612
school building to which any of the performance measures do not	1613
apply, due to grade levels served by the building, the state board	1614
shall designate the performance measures that are applicable to	1615
the building and that must be calculated separately and used to	1616
calculate the building's overall grade. The department shall issue	1617
annual report cards reflecting the performance of each school	1618
district, each building within each district, and for the state as	1619
a whole using the performance measures and letter grade system	1620
described in this section. The department shall include on the	1621
report card for each district and each building within each	1622
district the most recent two-year trend data in student	1623
achievement for each subject and each grade.	1624

(A)(1) For the 2012-2013 school year, the department shall	1625
issue grades as described in division (E) of this section for each	1626
of the following performance measures:	1627

(a) Annual measurable objectives;

1628

(b) Performance index score for a school district or	1629
building. Grades shall be awarded as a percentage of the total	1630
possible points on the performance index system as adopted by the	1631
state board. In adopting benchmarks for assigning letter grades	1632
under division (A)(1)(b) of this section, the state board of	1633
education shall designate ninety per cent or higher for an "A," at	1634
least seventy per cent but not more than eighty per cent for a	1635
"C," and less than fifty per cent for an "F."	1636

(c) The extent to which the school district or building meets	1637
each of the applicable performance indicators established by the	1638
state board under section 3302.02 of the Revised Code and the	1639
percentage of applicable performance indicators that have been	1640
achieved. In adopting benchmarks for assigning letter grades under	1641
division (A)(1)(c) of this section, the state board shall	1642
designate ninety per cent or higher for an "A."	1643

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

1644

In adopting benchmarks for assigning letter grades under	1645
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1646
department shall designate a four-year adjusted cohort graduation	1647
rate of ninety-three per cent or higher for an "A" and a five-year	1648
cohort graduation rate of ninety-five per cent or higher for an	1649
"A."	1650

(e) The overall score under the value-added progress	1651
dimension of a school district or building, for which the	1652
department shall use up to three years of value-added data as	1653
available. The letter grade assigned for this growth measure shall	1654
be as follows:	1655

(i) A score that is at least two standard errors of measure	1656
above the mean score shall be designated as an "A."	1657

(ii) A score that is at least one standard error of measure	1658
but less than two standard errors of measure above the mean score	1659
shall be designated as a "B."	1660

(iii) A score that is less than one standard error of measure	1661
above the mean score but greater than or equal to one standard	1662
error of measure below the mean score shall be designated as a	1663
"C."	1664

(iv) A score that is not greater than one standard error of	1665
measure below the mean score but is greater than or equal to two	1666
standard errors of measure below the mean score shall be	1667
designated as a "D."	1668

(v) A score that is not greater than two standard errors of	1669
measure below the mean score shall be designated as an "F."	1670

Whenever the value-added progress dimension is used as a	1671
graded performance measure, whether as an overall measure or as a	1672
measure of separate subgroups, the grades for the measure shall be	1673
calculated in the same manner as prescribed in division (A)(1)(e)	1674
of this section.	1675

(f) The value-added progress dimension score for a school	1676
district or building disaggregated for each of the following	1677
subgroups: students identified as gifted, students with	1678
disabilities, and students whose performance places them in the	1679
lowest quintile for achievement on a statewide basis. Each	1680
subgroup shall be a separate graded measure.	1681

(2) Not later than April 30, 2013, the state board of	1682
education shall adopt a resolution describing the performance	1683
measures, benchmarks, and grading system for the 2012-2013 school	1684
year and, not later than June 30, 2013, shall adopt rules in	1685
accordance with Chapter 119. of the Revised Code that prescribe	1686
the methods by which the performance measures under division	1687
(A)(1) of this section shall be assessed and assigned a letter	1688
grade, including performance benchmarks for each letter grade.	1689

At least forty-five days prior to the state board's adoption	1690
of rules to prescribe the methods by which the performance	1691
measures under division (A)(1) of this section shall be assessed	1692
and assigned a letter grade, the department shall conduct a public	1693
presentation before the standing committees of the house of	1694
representatives and the senate that consider education legislation	1695
describing such methods, including performance benchmarks.	1696

(3) There shall not be an overall letter grade for a school	1697
district or building for the 2012-2013 school year.	1698

(B)(1) For the 2013-2014 school year, the department shall	1699
issue grades as described in division (E) of this section for each	1700
of the following performance measures:	1701

(a) Annual measurable objectives;

1702

(b) Performance index score for a school district or	1703
building. Grades shall be awarded as a percentage of the total	1704
possible points on the performance index system as created by the	1705
department. In adopting benchmarks for assigning letter grades	1706
under division (B)(1)(b) of this section, the state board shall	1707
designate ninety per cent or higher for an "A," at least seventy	1708
per cent but not more than eighty per cent for a "C," and less	1709
than fifty per cent for an "F."	1710

(c) The extent to which the school district or building meets	1711
each of the applicable performance indicators established by the	1712
state board under section 3302.03 of the Revised Code and the	1713
percentage of applicable performance indicators that have been	1714
achieved. In adopting benchmarks for assigning letter grades under	1715
division (B)(1)(c) of this section, the state board shall	1716
designate ninety per cent or higher for an "A."	1717

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

1718

(e) The overall score under the value-added progress	1719
dimension of a school district or building, for which the	1720
department shall use up to three years of value-added data as	1721
available.	1722

(f) The value-added progress dimension score for a school	1723
district or building disaggregated for each of the following	1724
subgroups: students identified as gifted in superior cognitive	1725
ability and specific academic ability fields under Chapter 3324.	1726
of the Revised Code, students with disabilities, and students	1727
whose performance places them in the lowest quintile for	1728
achievement on a statewide basis. Each subgroup shall be a	1729
separate graded measure.	1730

(g) Whether a school district or building is making progress	1731
in improving literacy in grades kindergarten through three, as	1732
determined using a method prescribed by the state board. The state	1733
board shall adopt rules to prescribe benchmarks and standards for	1734
assigning grades to districts and buildings for purposes of	1735
division (B)(1)(j) of this section. In adopting benchmarks for	1736
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	1737
this section, the state board shall determine progress made based	1738
on the reduction in the percentage of students scoring below grade	1739
level, or below proficient, compared from year to year on the	1740
English language arts diagnostic assessments administered under	1741
section 3301.0715 of the Revised Code and the third grade English	1742
language arts assessment under section 3301.0710 of the Revised	1743
Code, as applicable. The state board shall designate for a "C"	1744
grade a value that is not lower than the statewide average value	1745
for this measure. No grade shall be issued under divisions	1746
(B)(1)(g) and (C)(1)(j) of this section for a district or building	1747
in which less than five per cent of students have scored below	1748
grade level on the diagnostic assessment administered to students	1749
in kindergarten under division (B)(1) of section 3313.608 of the	1750
Revised Code.	1751

(2) In addition to the graded measures in division (B)(1) of	1752
this section, the department shall include on a school district's	1753
or building's report card all of the following without an assigned	1754
letter grade:	1755

(a) The percentage of students enrolled in a district or	1756
building participating in advanced placement classes and the	1757
percentage of those students who received a score of three or	1758
better on advanced placement examinations;	1759

(b) The number of a district's or building's students who	1760
have earned at least three college credits through dual enrollment	1761
programs, such as the post-secondary enrollment options program	1762
under Chapter 3365. of the Revised Code and state-approved	1763
career-technical courses offered through dual enrollment or	1764
statewide articulation, that appear on a student's transcript or	1765
other official document, either of which is issued by the	1766
institution of higher education from which the student earned the	1767
college credit. The credits earned that are reported under	1768
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1769
include any that are remedial or developmental and shall include	1770
those that count toward the curriculum requirements established	1771
for completion of a degree.	1772

(c) The percentage of students enrolled in a district or	1773
building who have taken a national standardized test used for	1774
college admission determinations and the percentage of those	1775
students who are determined to be remediation-free in accordance	1776
with standards adopted under division (F) of section 3345.061 of	1777
the Revised Code;	1778

(d) The percentage of the district's or the building's	1779
students who receive industry credentials. The state board shall	1780
adopt criteria for acceptable industry credentials.	1781

(e) The percentage of students enrolled in a district or	1782
building who are participating in an international baccalaureate	1783
program and the percentage of those students who receive a score	1784
of four or better on the international baccalaureate examinations.	1785

(f) The percentage of the district's or building's students	1786
who receive an honors diploma under division (B) of section	1787
3313.61 of the Revised Code.	1788

(3) Not later than December 31, 2013, the state board shall	1789
adopt rules in accordance with Chapter 119. of the Revised Code	1790
that prescribe the methods by which the performance measures under	1791
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1792
and assigned a letter grade, including performance benchmarks for	1793
each grade.	1794

At least forty-five days prior to the state board's adoption	1795
of rules to prescribe the methods by which the performance	1796
measures under division (B)(1) of this section shall be assessed	1797
and assigned a letter grade, the department shall conduct a public	1798
presentation before the standing committees of the house of	1799
representatives and the senate that consider education legislation	1800
describing such methods, including performance benchmarks.	1801

(4) There shall not be an overall letter grade for a school	1802
district or building for the 2013-2014 school year.	1803

(C)(1) For the 2014-2015 school year and each school year	1804
thereafter, the department shall issue grades as described in	1805
division (E) of this section for each of the following performance	1806
measures and an overall letter grade based on an aggregate of	1807
those measures:	1808

(a) Annual measurable objectives;

1809

(b) Performance index score for a school district or	1810
building. Grades shall be awarded as a percentage of the total	1811
possible points on the performance index system as created by the	1812
department. In adopting benchmarks for assigning letter grades	1813
under division (C)(1)(b) of this section, the state board shall	1814
designate ninety per cent or higher for an "A," at least seventy	1815
per cent but not more than eighty per cent for a "C," and less	1816
than fifty per cent for an "F."	1817

(c) The extent to which the school district or building meets	1818
each of the applicable performance indicators established by the	1819
state board under section 3302.03 of the Revised Code and the	1820
percentage of applicable performance indicators that have been	1821
achieved. In adopting benchmarks for assigning letter grades under	1822
division (C)(1)(c) of this section, the state board shall	1823
designate ninety per cent or higher for an "A."	1824

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

1825

(e) The overall score under the value-added progress	1826
dimension, or another measure of student academic progress if	1827
adopted by the state board, of a school district or building, for	1828
which the department shall use up to three years of value-added	1829
data as available.	1830

In adopting benchmarks for assigning letter grades for	1831
overall score on value-added progress dimension under division	1832
(C)(1)(e) of this section, the state board shall prohibit the	1833
assigning of a grade of "A" for that measure unless the district's	1834
or building's grade assigned for value-added progress dimension	1835
for all subgroups under division (C)(1)(i) of this section is a	1836
"B" or higher.	1837

For the metric prescribed by division (C)(1)(e) of this	1838
section, the state board may adopt a student academic progress	1839
measure to be used instead of the value-added progress dimension.	1840
If the state board adopts such a measure, it also shall prescribe	1841
a method for assigning letter grades for the new measure that is	1842
comparable to the method prescribed in division (A)(1)(e) of this	1843
section.	1844

(f) The value-added progress dimension score of a school	1845
district or building disaggregated for each of the following	1846
subgroups: students identified as gifted in superior cognitive	1847
ability and specific academic ability fields under Chapter 3324.	1848
of the Revised Code, students with disabilities, and students	1849
whose performance places them in the lowest quintile for	1850
achievement on a statewide basis, as determined by a method	1851
prescribed by the state board. Each subgroup shall be a separate	1852
graded measure.	1853

The state board may adopt student academic progress measures	1854
to be used instead of the value-added progress dimension. If the	1855
state board adopts such measures, it also shall prescribe a method	1856
for assigning letter grades for the new measures that is	1857
comparable to the method prescribed in division (A)(1)(e) of this	1858
section.	1859

(g) Whether a school district or building is making progress	1860
in improving literacy in grades kindergarten through three, as	1861
determined using a method prescribed by the state board. The state	1862
board shall adopt rules to prescribe benchmarks and standards for	1863
assigning grades to a district or building for purposes of	1864
division (C)(1)(j) of this section. The state board shall	1865
designate for a "C" grade a value that is not lower than the	1866
statewide average value for this measure. No grade shall be issued	1867
under division (C)(1)(g) of this section for a district or	1868
building in which less than five per cent of students have scored	1869
below grade level on the kindergarten diagnostic assessment under	1870
division (B)(1) of section 3313.608 of the Revised Code.	1871

(2) In addition to the graded measures in division (C)(1) of	1872
this section, the department shall include on a school district's	1873
or building's report card all of the following without an assigned	1874
letter grade:	1875

(a) The percentage of students enrolled in a district or	1876
building who have taken a national standardized test used for	1877
college admission determinations and the percentage of those	1878
students who are determined to be remediation-free in accordance	1879
with the standards adopted under division (F) of section 3345.061	1880
of the Revised Code;	1881

(b) The percentage of students enrolled in a district or	1882
building participating in advanced placement classes and the	1883
percentage of those students who received a score of three or	1884
better on advanced placement examinations;	1885

(c) The number of a district's or building's students who	1886
have earned at least three college credits through dual enrollment	1887
programs, such as the post-secondary enrollment options program	1888
under Chapter 3365. of the Revised Code and state-approved	1889
career-technical courses offered through dual enrollment or	1890
statewide articulation, that appear on a student's transcript or	1891
other official document, either of which is issued by the	1892
institution of higher education from which the student earned the	1893
college credit. The credits earned that are reported under	1894
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1895
include any that are remedial or developmental and shall include	1896
those that count toward the curriculum requirements established	1897
for completion of a degree.	1898

(d) The percentage of the district's or building's students	1899
who receive an honor's diploma under division (B) of section	1900
3313.61 of the Revised Code;	1901

(e) The percentage of the district's or building's students	1902
who receive industry credentials;	1903

(f) The percentage of students enrolled in a district or	1904
building who are participating in an international baccalaureate	1905
program and the percentage of those students who receive a score	1906
of four or better on the international baccalaureate examinations;	1907

(g) The results of the college and career-ready assessments	1908
administered under division (B)(1) of section 3301.0712 of the	1909
Revised Code.	1910

(3) The state board shall adopt rules pursuant to Chapter	1911
119. of the Revised Code that establish a method to assign an	1912
overall grade for a school district or school building for the	1913
2014-2015 school year and each school year thereafter. The rules	1914
shall group the performance measures in divisions (C)(1) and (2)	1915
of this section into the following components:	1916

(a) Gap closing, which shall include the performance measure	1917
in division (C)(1)(a) of this section;	1918

(b) Achievement, which shall include the performance measures	1919
in divisions (C)(1)(b) and (c) of this section;	1920

(c) Progress, which shall include the performance measures in	1921
divisions (C)(1)(e) and (i) of this section;	1922

(d) Graduation, which shall include the performance measure	1923
in division (C)(1)(d) of this section;	1924

(e) Kindergarten through third-grade literacy, which shall	1925
include the performance measure in division (C)(1)(k) of this	1926
section;	1927

(f) Prepared for success, which shall include the performance	1928
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1929
this section. The state board shall develop a method to determine	1930
a grade for the component in division (C)(3)(f) of this section	1931
using the performance measures in divisions (C)(2)(a), (b), (c),	1932
(d), (e), and (f) of this section. When available, the state board	1933
may incorporate the performance measure under division (C)(2)(g)	1934
of this section into the component under division (C)(3)(f) of	1935
this section. When determining the overall grade for the prepared	1936
for success component prescribed by division (C)(3)(f) of this	1937
section, no individual student shall be counted in more than one	1938
performance measure. However, if a student qualifies for more than	1939
one performance measure in the component, the state board may, in	1940
its method to determine a grade for the component, specify an	1941
additional weight for such a student that is not greater than or	1942
equal to 1.0. In determining the overall score under division	1943
(C)(3)(f) of this section, the state board shall ensure that the	1944
pool of students included in the performance measures aggregated	1945
under that division are all of the students included in the four-	1946
and five-year adjusted graduation cohort.	1947

In the rules adopted under division (C)(3) of this section,	1948
the state board shall adopt a method for determining a grade for	1949
each component in divisions (C)(3)(a) to (f) of this section. The	1950
state board also shall establish a method to assign an overall	1951
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1952
each component. The method the state board adopts for assigning an	1953
overall grade shall give equal weight to the components in	1954
divisions (C)(3)(b) and (c) of this section.	1955

At least forty-five days prior to the state board's adoption	1956
of rules to prescribe the methods for calculating the overall	1957
grade for the report card, as required by this division, the	1958
department shall conduct a public presentation before the standing	1959
committees of the house of representatives and the senate that	1960
consider education legislation describing the format for the	1961
report card, weights that will be assigned to the components of	1962
the overall grade, and the method for calculating the overall	1963
grade.	1964

(D) Not later than July 1, 2015, the state board shall	1965
develop a measure of student academic progress for high school	1966
students. Beginning with the report card for the 2015-2016 school	1967
year, each school district and applicable school building shall be	1968
assigned a separate letter grade for this measure and the	1969
district's or building's grade for that measure shall be included	1970
in determining the district's or building's overall letter grade.	1971
This measure shall be included within the measure prescribed in	1972
division (C)(2)(c) of this section in the calculation for the	1973
overall letter grade.	1974

(E) The letter grades assigned to a school district or	1975
building under this section shall be as follows:	1976

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

1977

(2) "B" for a district or school making above average	1978
progress;	1979

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

1980

(4) "D" for a district or school making below average	1981
progress;	1982

(5) "F" for a district or school failing to meet minimum	1983
progress.	1984

(F) When reporting data on student ~~performance~~achievement	1985
and progress, the department shall disaggregate that data	1986
according to the following categories:	1987

~~(a)~~(1) Performance of students by ~~age group~~grade-level;

1988

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

1989

~~(c)~~(3) Performance of students by gender;

1990

~~(d)~~(4) Performance of students grouped by those who have been	1991
enrolled in a district or school for three or more years;	1992

~~(e)~~(5) Performance of students grouped by those who have been	1993
enrolled in a district or school for more than one year and less	1994
than three years;	1995

~~(f)~~(6) Performance of students grouped by those who have been	1996
enrolled in a district or school for one year or less;	1997

~~(g)~~(7) Performance of students grouped by those who are	1998
economically disadvantaged;	1999

~~(h)~~(8) Performance of students grouped by those who are	2000
enrolled in a conversion community school established under	2001
Chapter 3314. of the Revised Code;	2002

~~(i)~~(9) Performance of students grouped by those who are	2003
classified as limited English proficient;	2004

~~(j)~~(10) Performance of students grouped by those who have	2005
disabilities;	2006

~~(k)~~(11) Performance of students grouped by those who are	2007
classified as migrants;	2008

~~(l)~~(12) Performance of students grouped by those who are	2009
identified as gifted in superior cognitive ability and the	2010
specific academic ability fields of reading and math pursuant to	2011
Chapter 3324. of the Revised Code. In disaggregating specific	2012
academic ability fields for gifted students, the department shall	2013
use data for those students with specific academic ability in math	2014
and reading. If any other academic field is assessed, the	2015
department shall also include data for students with specific	2016
academic ability in that field as well.	2017

(13) Performance of students grouped by those who perform in	2018
the lowest quintile for achievement on a statewide basis, as	2019
determined by a method prescribed by the state board.	2020

The department may disaggregate data on student performance	2021
according to other categories that the department determines are	2022
appropriate. To the extent possible, the department shall	2023
disaggregate data on student performance according to any	2024
combinations of two or more of the categories listed in divisions	2025
~~(C)(3)(a)~~(F)(1) to ~~(l)~~(13) of this section that it deems relevant.	2026

In reporting data pursuant to division ~~(C)(3)~~(F) of this	2027
section, the department shall not include in the report cards any	2028
data statistical in nature that is statistically unreliable or	2029
that could result in the identification of individual students.	2030
For this purpose, the department shall not report student	2031
performance data for any group identified in division ~~(C)(3)~~(F) of	2032
this section that contains less than ten students. If the	2033
department does not report student performance data for a group	2034
because it contains less than ten students, the department shall	2035
indicate on the report card that is why data was not reported.	2036

~~(4)~~(G) The department may include with the report cards any	2037
additional education and fiscal performance data it deems	2038
valuable.	2039

~~(5)~~(H) The department shall include on each report card a	2040
list of additional information collected by the department that is	2041
available regarding the district or building for which the report	2042
card is issued. When available, such additional information shall	2043
include student mobility data disaggregated by race and	2044
socioeconomic status, college enrollment data, and the reports	2045
prepared under section 3302.031 of the Revised Code.	2046

The department shall maintain a site on the world wide web.	2047
The report card shall include the address of the site and shall	2048
specify that such additional information is available to the	2049
public at that site. The department shall also provide a copy of	2050
each item on the list to the superintendent of each school	2051
district. The district superintendent shall provide a copy of any	2052
item on the list to anyone who requests it.	2053

~~(6)~~(I) Division ~~(C)(6)~~(I) of this section does not apply to	2054
conversion community schools that primarily enroll students	2055
between sixteen and twenty-two years of age who dropped out of	2056
high school or are at risk of dropping out of high school due to	2057
poor attendance, disciplinary problems, or suspensions.	2058

~~(a)~~(1) For any district that sponsors a conversion community	2059
school under Chapter 3314. of the Revised Code, the department	2060
shall combine data regarding the academic performance of students	2061
enrolled in the community school with comparable data from the	2062
schools of the district for the purpose of ~~calculating~~determining	2063
the performance of the district as a whole on the report card	2064
issued for the district under this section or section 3302.033 of	2065
the Revised Code.	2066

~~(b)~~(2) Any district that leases a building to a community	2067
school located in the district or that enters into an agreement	2068
with a community school located in the district whereby the	2069
district and the school endorse each other's programs may elect to	2070
have data regarding the academic performance of students enrolled	2071
in the community school combined with comparable data from the	2072
schools of the district for the purpose of ~~calculating~~determining	2073
the performance of the district as a whole on the district report	2074
card. Any district that so elects shall annually file a copy of	2075
the lease or agreement with the department.	2076

~~(c)~~(3) Any municipal school district, as defined in section	2077
3311.71 of the Revised Code, that sponsors a community school	2078
located within the district's territory, or that enters into an	2079
agreement with a community school located within the district's	2080
territory whereby the district and the community school endorse	2081
each other's programs, may exercise either or both of the	2082
following elections:	2083

~~(i)~~(a) To have data regarding the academic performance of	2084
students enrolled in that community school combined with	2085
comparable data from the schools of the district for the purpose	2086
of ~~calculating~~determining the performance of the district as a	2087
whole on the district's report card;	2088

~~(ii)~~(b) To have the number of students attending that	2089
community school noted separately on the district's report card.	2090

The election authorized under division ~~(C)(6)(c)(i)~~(I)(3)(a)	2091
of this section is subject to approval by the governing authority	2092
of the community school.	2093

Any municipal school district that exercises an election to	2094
combine or include data under division ~~(C)(6)(c)~~(I)(3) of this	2095
section, by the first day of October of each year, shall file with	2096
the department documentation indicating eligibility for that	2097
election, as required by the department.	2098

~~(7)~~(J) The department shall include on each report card the	2099
percentage of teachers in the district or building who are highly	2100
qualified, as defined by the "No Child Left Behind Act of 2001,"	2101
and a comparison of that percentage with the percentages of such	2102
teachers in similar districts and buildings.	2103

~~(8) The department shall include on the report card the~~	2104
~~number of lead teachers employed by each district and each~~	2105
~~building once the data is available from the education management~~	2106
~~information system established under section 3301.0714 of the~~	2107
~~Revised Code.~~	2108

~~(D)~~(K)(1) In calculating English language arts, mathematics,	2109
social studies, or science assessment passage rates used to	2110
determine school district or building performance under this	2111
section, the department shall include all students taking an	2112
assessment with accommodation or to whom an alternate assessment	2113
is administered pursuant to division (C)(1) or (3) of section	2114
3301.0711 of the Revised Code.	2115

(2) In calculating performance index scores, rates of	2116
achievement on the performance indicators established by the state	2117
board under section 3302.02 of the Revised Code, and annual	2118
measurable objectives for determining adequate yearly progress for	2119
school districts and buildings under this section, the department	2120
shall do all of the following:	2121

(a) Include for each district or building only those students	2122
who are included in the ADM certified for the first full school	2123
week of October and are continuously enrolled in the district or	2124
building through the time of the spring administration of any	2125
assessment prescribed by division (A)(1) or (B)(1) of section	2126
3301.0710 of the Revised Code that is administered to the	2127
student's grade level;	2128

(b) Include cumulative totals from both the fall and spring	2129
administrations of the third grade English language arts	2130
achievement assessment;	2131

(c) Except as required by the "No Child Left Behind Act of	2132
2001~~" for the calculation of adequate yearly progress~~," exclude	2133
for each district or building any limited English proficient	2134
student who has been enrolled in United States schools for less	2135
than one full school year.	2136

Sec. 3302.033. The state board of education, in consultation	2137
with the chancellor of the Ohio board of regents, any office	2138
within the office of the governor concerning workforce	2139
development, the Ohio association of career and technical	2140
education, the Ohio association of city career-technical schools,	2141
and the Ohio association of career-technical superintendents,	2142
shall approve a report card for joint vocational school districts	2143
and for other career-technical planning districts that are not	2144
joint vocational school districts, which may contain disaggregated	2145
data for each joint vocational school district, if applicable. The	2146
state board shall submit details of the approved report card to	2147
the governor, the speaker of the house of representatives, the	2148
president of the senate, and the chairpersons of the standing	2149
committees of the house of representatives and the senate	2150
principally responsible for education policy. The department of	2151
education annually shall issue a report card for each joint	2152
vocational school district and other career-technical planning	2153
~~district~~districts that are not joint vocational school districts,	2154
beginning with report cards for the 2012-2013 school year to be	2155
published not later than September 1, 2013.	2156

As used in this section, "career-technical planning district"	2157
means a school district or group of school districts designated by	2158
the department as being responsible for the planning for and	2159
provision of career-technical education services to students	2160
within the district or group.	2161

Sec. 3302.034. (A) Not later than December 31, 2013, the	2162
state board of education shall adopt and specify measures in	2163
addition to those included on the report card issued under section	2164
3302.03 of the Revised Code. The measures adopted under this	2165
section shall be reported separately, as specified under division	2166
(B) of this section, for each school district, each building in a	2167
district, each community school established under Chapter 3314.,	2168
each STEM school established under Chapter 3326., and each	2169
college-preparatory boarding school established under Chapter	2170
3328. of the Revised Code. The measures shall include at least the	2171
following:	2172

(1) Data for students who have passed over a grade or subject	2173
area under an acceleration policy prescribed under section 3324.10	2174
of the Revised Code;	2175

(2) The number of students who are economically disadvantaged	2176
as determined by the department of education;	2177

(3) The number of lead teachers employed by each district and	2178
each building once the data is available through the education	2179
management information system established under section 3301.0714	2180
of the Revised Code;	2181

(4) The amount of students screened and identified as gifted	2182
under Chapter 3324. of the Revised Code;	2183

(5) Postgraduate student outcome data as described under	2184
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;	2185

(6) Availability of courses in fine arts;

2186

(7) Participation with other school districts to provide	2187
career-technical education services to students;	2188

(8) The amount of extracurricular services offered to	2189
students.	2190

(B) The department shall report this information annually	2191
beginning with the 2013-2014 school year and make this information	2192
available on its web site for comparison purposes.	2193

Sec. 3302.04. As used in divisions (A), (C), and (D) of this	2194
section, for the 2014-2015 school year, and for each school year	2195
thereafter, when a provision refers to a school district or school	2196
building in a state of academic emergency, it shall mean a	2197
district or building rated "F"; when a provision refers to a	2198
school district or school building under an academic watch, it	2199
shall mean a district or building rated "D"; and when a provision	2200
refers to a school district or school building in need of	2201
continuous improvement, it shall mean a district or building rated	2202
"C" as those letter grade ratings for overall performance are	2203
assigned under division (C)(3) of section 3302.03 of the Revised	2204
Code, as it exists on or after the effective date of this	2205
amendment.	2206

(A) The department of education shall establish a system of	2207
intensive, ongoing support for the improvement of school districts	2208
and school buildings. In accordance with the model of	2209
differentiated accountability described in section 3302.041 of the	2210
Revised Code, the system shall give priority to the following:	2211

(1) For any school year prior to the 2012-2013 school year,	2212
districts and buildings that have been declared to be under an	2213
academic watch or in a state of academic emergency under section	2214
3302.03 of the Revised Code ~~and~~;	2215

(2) For the 2012-2013 school year, and for each school year	2216
thereafter, districts and buildings in the manner prescribed by	2217
any agreement currently in force between the department and the	2218
United States department of education. The department shall	2219
endeavor to include schools and buildings that receive grades	2220
under section 3302.03 of the Revised Code that the department	2221
considers to be low performing.	2222

The system shall include services provided to districts and	2223
buildings through regional service providers, such as educational	2224
service centers.	2225

(B) This division does not apply to any school district after	2226
June 30, 2008.	2227

When a school district has been notified by the department	2228
pursuant to ~~division (A) of~~ section 3302.03 of the Revised Code	2229
that the district or a building within the district has failed to	2230
make adequate yearly progress for two consecutive school years,	2231
the district shall develop a three-year continuous improvement	2232
plan for the district or building containing each of the	2233
following:	2234

(1) An analysis of the reasons for the failure of the	2235
district or building to meet any of the applicable performance	2236
indicators established under section 3302.02 of the Revised Code	2237
that it did not meet and an analysis of the reasons for its	2238
failure to make adequate yearly progress;	2239

(2) Specific strategies that the district or building will	2240
use to address the problems in academic achievement identified in	2241
division (B)(1) of this section;	2242

(3) Identification of the resources that the district will	2243
allocate toward improving the academic achievement of the district	2244
or building;	2245

(4) A description of any progress that the district or	2246
building made in the preceding year toward improving its academic	2247
achievement;	2248

(5) An analysis of how the district is utilizing the	2249
professional development standards adopted by the state board	2250
pursuant to section 3319.61 of the Revised Code;	2251

(6) Strategies that the district or building will use to	2252
improve the cultural competency, as defined pursuant to section	2253
3319.61 of the Revised Code, of teachers and other educators.	2254

No three-year continuous improvement plan shall be developed	2255
or adopted pursuant to this division unless at least one public	2256
hearing is held within the affected school district or building	2257
concerning the final draft of the plan. Notice of the hearing	2258
shall be given two weeks prior to the hearing by publication in	2259
one newspaper of general circulation within the territory of the	2260
affected school district or building. Copies of the plan shall be	2261
made available to the public.	2262

(C) ~~When~~(1) For any school year prior to the school year	2263
that begins on July 1, 2012, when a school district or building	2264
has been notified by the department pursuant to ~~division (A) of~~	2265
section 3302.03 of the Revised Code that the district or building	2266
is under an academic watch or in a state of academic emergency,	2267
the district or building shall be subject to any rules	2268
establishing intervention in academic watch or emergency school	2269
districts or buildings.	2270

(2) For the 2012-2013 school year, and for each school year	2271
thereafter, a district or building that meets the conditions for	2272
intervention prescribed by the agreement described in division	2273
(A)(2) of this section shall be subject to any rules establishing	2274
such intervention.	2275

(D)(1) ~~Within~~For any school year prior to the 2012-2013	2276
school year, within one hundred twenty days after any school	2277
district or building is declared to be in a state of academic	2278
emergency under section 3302.03 of the Revised Code, the	2279
department may initiate a site evaluation of the building or	2280
school district.	2281

(2) For the 2012-2013 school year, and for each school year	2282
thereafter, the department may initiate a site evaluation of a	2283
building or school district that meets the conditions for a site	2284
evaluation prescribed by the agreement described in division	2285
(A)(2) of this section.	2286

(3) Division (D)~~(2)~~(3) of this section does not apply to any	2287
school district after June 30, 2008.	2288

If any school district that is declared to be in a state of	2289
academic emergency or in a state of academic watch under section	2290
3302.03 of the Revised Code or encompasses a building that is	2291
declared to be in a state of academic emergency or in a state of	2292
academic watch fails to demonstrate to the department satisfactory	2293
improvement of the district or applicable buildings or fails to	2294
submit to the department any information required under rules	2295
established by the state board of education, prior to approving a	2296
three-year continuous improvement plan under rules established by	2297
the state board of education, the department shall conduct a site	2298
evaluation of the school district or applicable buildings to	2299
determine whether the school district is in compliance with	2300
minimum standards established by law or rule.	2301

~~(3)~~(4) Division (D)(4) of this section does not apply to any	2302
school district after June 30, 2008. Site evaluations conducted	2303
under divisions (D)(1) ~~and~~, (2), and (3) of this section shall	2304
include, but not be limited to, the following:	2305

(a) Determining whether teachers are assigned to subject	2306
areas for which they are licensed or certified;	2307

(b) Determining pupil-teacher ratios;

2308

(c) Examination of compliance with minimum instruction time	2309
requirements for each school day and for each school year;	2310

(d) Determining whether materials and equipment necessary to	2311
implement the curriculum approved by the school district board are	2312
available;	2313

(e) Examination of whether the teacher and principal	2314
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,	2315
and 3319.111 of the Revised Code;	2316

(f) Examination of the adequacy of efforts to improve the	2317
cultural competency, as defined pursuant to section 3319.61 of the	2318
Revised Code, of teachers and other educators.	2319

(E) This division applies only to school districts that	2320
operate a school building that fails to make adequate yearly	2321
progress for two or more consecutive school years. It does not	2322
apply to any such district after June 30, 2008, except as provided	2323
in division (D)(2) of section 3313.97 of the Revised Code.	2324

(1) For any school building that fails to make adequate	2325
yearly progress for two consecutive school years, the district	2326
shall do all of the following:	2327

(a) Provide written notification of the academic issues that	2328
resulted in the building's failure to make adequate yearly	2329
progress to the parent or guardian of each student enrolled in the	2330
building. The notification shall also describe the actions being	2331
taken by the district or building to improve the academic	2332
performance of the building and any progress achieved toward that	2333
goal in the immediately preceding school year.	2334

(b) If the building receives funds under Title 1I, Part A of	2335
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2336
6311 to 6339, from the district, in accordance with section	2337
3313.97 of the Revised Code, offer all students enrolled in the	2338
building the opportunity to enroll in an alternative building	2339
within the district that is not in school improvement status as	2340
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2341
Chapter 3327. of the Revised Code, the district shall spend an	2342
amount equal to twenty per cent of the funds it receives under	2343
Title I, Part A of the "Elementary and Secondary Education Act of	2344
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	2345
students who enroll in alternative buildings under this division,	2346
unless the district can satisfy all demand for transportation with	2347
a lesser amount. If an amount equal to twenty per cent of the	2348
funds the district receives under Title I, Part A of the	2349
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2350
to 6339, is insufficient to satisfy all demand for transportation,	2351
the district shall grant priority over all other students to the	2352
lowest achieving students among the subgroup described in division	2353
(B)(3) of section 3302.01 of the Revised Code in providing	2354
transportation. Any district that does not receive funds under	2355
Title I, Part A of the "Elementary and Secondary Education Act of	2356
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	2357
transportation to any student who enrolls in an alternative	2358
building under this division.	2359

(2) For any school building that fails to make adequate	2360
yearly progress for three consecutive school years, the district	2361
shall do both of the following:	2362

(a) If the building receives funds under Title 1I, Part A of	2363
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2364
6311 to 6339, from the district, in accordance with section	2365
3313.97 of the Revised Code, provide all students enrolled in the	2366
building the opportunity to enroll in an alternative building	2367
within the district that is not in school improvement status as	2368
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2369
Chapter 3327. of the Revised Code, the district shall provide	2370
transportation for students who enroll in alternative buildings	2371
under this division to the extent required under division (E)(2)	2372
of this section.	2373

(b) If the building receives funds under Title 1I, Part A of	2374
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2375
6311 to 6339, from the district, offer supplemental educational	2376
services to students who are enrolled in the building and who are	2377
in the subgroup described in division (B)(3) of section 3302.01 of	2378
the Revised Code.	2379

The district shall spend a combined total of an amount equal	2380
to twenty per cent of the funds it receives under Title I, Part A	2381
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2382
6311 to 6339, to provide transportation for students who enroll in	2383
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2384
this section and to pay the costs of the supplemental educational	2385
services provided to students under division (E)(2)(b) of this	2386
section, unless the district can satisfy all demand for	2387
transportation and pay the costs of supplemental educational	2388
services for those students who request them with a lesser amount.	2389
In allocating funds between the requirements of divisions	2390
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2391
shall spend at least an amount equal to five per cent of the funds	2392
it receives under Title I, Part A of the "Elementary and Secondary	2393
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2394
transportation for students who enroll in alternative buildings	2395
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2396
district can satisfy all demand for transportation with a lesser	2397
amount, and at least an amount equal to five per cent of the funds	2398
it receives under Title I, Part A of the "Elementary and Secondary	2399
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2400
of the supplemental educational services provided to students	2401
under division (E)(2)(b) of this section, unless the district can	2402
pay the costs of such services for all students requesting them	2403
with a lesser amount. If an amount equal to twenty per cent of the	2404
funds the district receives under Title I, Part A of the	2405
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2406
to 6339, is insufficient to satisfy all demand for transportation	2407
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2408
the costs of all of the supplemental educational services provided	2409
to students under division (E)(2)(b) of this section, the district	2410
shall grant priority over all other students in providing	2411
transportation and in paying the costs of supplemental educational	2412
services to the lowest achieving students among the subgroup	2413
described in division (B)(3) of section 3302.01 of the Revised	2414
Code.	2415

Any district that does not receive funds under Title I, Part	2416
A of the "Elementary and Secondary Education Act of 1965," 20	2417
U.S.C. 6311 to 6339, shall not be required to provide	2418
transportation to any student who enrolls in an alternative	2419
building under division (E)(2)(a) of this section or to pay the	2420
costs of supplemental educational services provided to any student	2421
under division (E)(2)(b) of this section.	2422

No student who enrolls in an alternative building under	2423
division (E)(2)(a) of this section shall be eligible for	2424
supplemental educational services under division (E)(2)(b) of this	2425
section.	2426

(3) For any school building that fails to make adequate	2427
yearly progress for four consecutive school years, the district	2428
shall continue to comply with division (E)(2) of this section and	2429
shall implement at least one of the following options with respect	2430
to the building:	2431

(a) Institute a new curriculum that is consistent with the	2432
statewide academic standards adopted pursuant to division (A) of	2433
section 3301.079 of the Revised Code;	2434

(b) Decrease the degree of authority the building has to	2435
manage its internal operations;	2436

(c) Appoint an outside expert to make recommendations for	2437
improving the academic performance of the building. The district	2438
may request the department to establish a state intervention team	2439
for this purpose pursuant to division (G) of this section.	2440

(d) Extend the length of the school day or year;

2441

(e) Replace the building principal or other key personnel;

2442

(f) Reorganize the administrative structure of the building.

2443

(4) For any school building that fails to make adequate	2444
yearly progress for five consecutive school years, the district	2445
shall continue to comply with division (E)(2) of this section and	2446
shall develop a plan during the next succeeding school year to	2447
improve the academic performance of the building, which shall	2448
include at least one of the following options:	2449

(a) Reopen the school as a community school under Chapter	2450
3314. of the Revised Code;	2451

(b) Replace personnel;

2452

(c) Contract with a nonprofit or for-profit entity to operate	2453
the building;	2454

(d) Turn operation of the building over to the department;

2455

(e) Other significant restructuring of the building's	2456
governance.	2457

(5) For any school building that fails to make adequate	2458
yearly progress for six consecutive school years, the district	2459
shall continue to comply with division (E)(2) of this section and	2460
shall implement the plan developed pursuant to division (E)(4) of	2461
this section.	2462

(6) A district shall continue to comply with division	2463
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2464
applicable, with respect to any building formerly subject to one	2465
of those divisions until the building makes adequate yearly	2466
progress for two consecutive school years.	2467

(F) This division applies only to school districts that have	2468
been identified for improvement by the department pursuant to the	2469
"No Child Left Behind Act of 2001." It does not apply to any such	2470
district after June 30, 2008.	2471

(1) If a school district has been identified for improvement	2472
for one school year, the district shall provide a written	2473
description of the continuous improvement plan developed by the	2474
district pursuant to division (B) of this section to the parent or	2475
guardian of each student enrolled in the district. If the district	2476
does not have a continuous improvement plan, the district shall	2477
develop such a plan in accordance with division (B) of this	2478
section and provide a written description of the plan to the	2479
parent or guardian of each student enrolled in the district.	2480

(2) If a school district has been identified for improvement	2481
for two consecutive school years, the district shall continue to	2482
implement the continuous improvement plan developed by the	2483
district pursuant to division (B) or (F)(1) of this section.	2484

(3) If a school district has been identified for improvement	2485
for three consecutive school years, the department shall take at	2486
least one of the following corrective actions with respect to the	2487
district:	2488

(a) Withhold a portion of the funds the district is entitled	2489
to receive under Title I, Part A of the "Elementary and Secondary	2490
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2491

(b) Direct the district to replace key district personnel;

2492

(c) Institute a new curriculum that is consistent with the	2493
statewide academic standards adopted pursuant to division (A) of	2494
section 3301.079 of the Revised Code;	2495

(d) Establish alternative forms of governance for individual	2496
school buildings within the district;	2497

(e) Appoint a trustee to manage the district in place of the	2498
district superintendent and board of education.	2499

The department shall conduct individual audits of a sampling	2500
of districts subject to this division to determine compliance with	2501
the corrective actions taken by the department.	2502

(4) If a school district has been identified for improvement	2503
for four consecutive school years, the department shall continue	2504
to monitor implementation of the corrective action taken under	2505
division (F)(3) of this section with respect to the district.	2506

(5) If a school district has been identified for improvement	2507
for five consecutive school years, the department shall take at	2508
least one of the corrective actions identified in division (F)(3)	2509
of this section with respect to the district, provided that the	2510
corrective action the department takes is different from the	2511
corrective action previously taken under division (F)(3) of this	2512
section with respect to the district.	2513

(G) The department may establish a state intervention team to	2514
evaluate all aspects of a school district or building, including	2515
management, curriculum, instructional methods, resource	2516
allocation, and scheduling. Any such intervention team shall be	2517
appointed by the department and shall include teachers and	2518
administrators recognized as outstanding in their fields. The	2519
intervention team shall make recommendations regarding methods for	2520
improving the performance of the district or building.	2521

The department shall not approve a district's request for an	2522
intervention team under division (E)(3) of this section if the	2523
department cannot adequately fund the work of the team, unless the	2524
district agrees to pay for the expenses of the team.	2525

(H) The department shall conduct individual audits of a	2526
sampling of community schools established under Chapter 3314. of	2527
the Revised Code to determine compliance with this section.	2528

(I) The state board shall adopt rules for implementing this	2529
section.	2530

Sec. 3302.041. ~~(A) On and after July 1, 2008, in accordance~~	2531
~~with the No Child Left Behind Act of 2001, school districts and~~	2532
~~school buildings shall continue to be identified for improvement~~	2533
~~for failing to make adequate yearly progress for two or more~~	2534
~~consecutive school years.~~	2535

~~(B)~~ Beginning July 1, 2008, and contingent upon continued	2536
approval by the United States department of education, each school	2537
district that has been identified for improvement, or that	2538
contains a school building that has been identified for	2539
improvement, shall implement all corrective actions required by	2540
the model of differentiated accountability developed by the Ohio	2541
department of education and approved by the United States	2542
department of education. In any school year in which a district is	2543
subject to this division, the Ohio department of education shall	2544
notify the district, prior to the district's opening date, of the	2545
corrective actions it is required to implement in that school	2546
year.	2547

Sec. 3302.05. The state board of education shall adopt rules	2548
freeing school districts ~~declared to be excellent under division~~	2549
~~(B)(1) or effective under division (B)(2) of section 3302.03 of~~	2550
~~the Revised Code~~ from specified state mandates if one of the	2551
following applies:	2552

(A) For the 2011-2012 school year, the school district was	2553
declared to be excellent under section 3302.03 of the Revised	2554
Code, as that section existed prior to the effective date of this	2555
section and had above expected growth in the overall value-added	2556
measure.	2557

(B) For the 2012-2013 school year, the school district	2558
received a grade of "A" for the number of performance indicators	2559
met under division (A)(1)(c) of section 3302.03 of the Revised	2560
Code and for the value-added dimension under division (A)(1)(e) of	2561
section 3302.03 of the Revised Code.	2562

(C) For the 2013-2014 school year, the school district	2563
received a grade of "A" for the number of performance indicators	2564
met under division (B)(1)(c) of section 3302.03 of the Revised	2565
Code and for the value-added dimension under division (B)(1)(e) of	2566
section 3302.03 of the Revised Code.	2567

(D) For the 2014-2015 school year and for each school year	2568
thereafter, the school district received an overall grade of "A"	2569
under division (C)(3) of section 3302.03 of the Revised Code. ~~Any~~	2570

Any mandates included in the rules shall be only those	2571
statutes or rules pertaining to state education requirements. The	2572
rules shall not exempt districts from any operating standard	2573
adopted under division (D)(3) of section 3301.07 of the Revised	2574
Code.	2575

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	2576
of public instruction shall establish an academic distress	2577
commission for each school district that meets any of the	2578
following conditions for three or more consecutive years:	2579

(1) The district has been declared to be in a state of	2580
academic emergency ~~pursuant to~~under section 3302.03 of the	2581
Revised Code, as that section existed prior to the effective date	2582
of this amendment, and has failed to make adequate yearly progress	2583
~~for four or more consecutive school years~~;	2584

(2) The district has received a grade of "F" for the	2585
performance index score and a grade of "D" or "F" for the	2586
value-added progress dimension of section 3302.03 of the Revised	2587
Code;	2588

(3) The district has received an overall grade of "F" under	2589
division (C)(2) or a grade of "F" for the value-added progress	2590
dimension under division (C)(1)(e) of section 3302.03 of the	2591
Revised Code;	2592

(4) At least fifty per cent of the schools operated by the	2593
district have received an overall grade of "D" or "F" under	2594
division (C)(3) of section 3302.03 of the Revised Code. ~~Each~~	2595

Each commission shall assist the district for which it was	2596
established in improving the district's academic performance.	2597

Each commission is a body both corporate and politic,	2598
constituting an agency and instrumentality of the state and	2599
performing essential governmental functions of the state. A	2600
commission shall be known as the "academic distress commission for	2601
............... (name of school district)," and, in that name, may	2602
exercise all authority vested in such a commission by this	2603
section. A separate commission shall be established for each	2604
school district to which this division applies.	2605

(B) Each academic distress commission shall consist of five	2606
voting members, three of whom shall be appointed by the	2607
superintendent of public instruction and two of whom shall be	2608
residents of the applicable school district appointed by the	2609
president of the district board of education. When a school	2610
district becomes subject to this section, the superintendent of	2611
public instruction shall provide written notification of that fact	2612
to the district board of education and shall request the president	2613
of the district board to submit to the superintendent of public	2614
instruction, in writing, the names of the president's appointees	2615
to the commission. The superintendent of public instruction and	2616
the president of the district board shall make appointments to the	2617
commission within thirty days after the district is notified that	2618
it is subject to this section.	2619

Members of the commission shall serve at the pleasure of	2620
their appointing authority during the life of the commission. In	2621
the event of the death, resignation, incapacity, removal, or	2622
ineligibility to serve of a member, the appointing authority shall	2623
appoint a successor within fifteen days after the vacancy occurs.	2624
Members shall serve without compensation, but shall be paid by the	2625
commission their necessary and actual expenses incurred while	2626
engaged in the business of the commission.	2627

(C) Immediately after appointment of the initial members of	2628
an academic distress commission, the superintendent of public	2629
instruction shall call the first meeting of the commission and	2630
shall cause written notice of the time, date, and place of that	2631
meeting to be given to each member of the commission at least	2632
forty-eight hours in advance of the meeting. The first meeting	2633
shall include an overview of the commission's roles and	2634
responsibilities, the requirements of section 2921.42 and Chapter	2635
102. of the Revised Code as they pertain to commission members,	2636
the requirements of section 121.22 of the Revised Code, and the	2637
provisions of division (F) of this section. At its first meeting,	2638
the commission shall adopt temporary bylaws in accordance with	2639
division (D) of this section to govern its operations until the	2640
adoption of permanent bylaws.	2641

The superintendent of public instruction shall designate a	2642
chairperson for the commission from among the members appointed by	2643
the superintendent. The chairperson shall call and conduct	2644
meetings, set meeting agendas, and serve as a liaison between the	2645
commission and the district board of education. The chairperson	2646
also shall appoint a secretary, who shall not be a member of the	2647
commission.	2648

The department of education shall provide administrative	2649
support for the commission, provide data requested by the	2650
commission, and inform the commission of available state resources	2651
that could assist the commission in its work.	2652

(D) Each academic distress commission may adopt and alter	2653
bylaws and rules, which shall not be subject to section 111.15 or	2654
Chapter 119. of the Revised Code, for the conduct of its affairs	2655
and for the manner, subject to this section, in which its powers	2656
and functions shall be exercised and embodied.	2657

(E) Three members of an academic distress commission	2658
constitute a quorum of the commission. The affirmative vote of	2659
three members of the commission is necessary for any action taken	2660
by vote of the commission. No vacancy in the membership of the	2661
commission shall impair the rights of a quorum by such vote to	2662
exercise all the rights and perform all the duties of the	2663
commission. Members of the commission are not disqualified from	2664
voting by reason of the functions of any other office they hold	2665
and are not disqualified from exercising the functions of the	2666
other office with respect to the school district, its officers, or	2667
the commission.	2668

(F) The members of an academic distress commission, the	2669
superintendent of public instruction, and any person authorized to	2670
act on behalf of or assist them shall not be personally liable or	2671
subject to any suit, judgment, or claim for damages resulting from	2672
the exercise of or failure to exercise the powers, duties, and	2673
functions granted to them in regard to their functioning under	2674
this section, but the commission, superintendent of public	2675
instruction, and such other persons shall be subject to mandamus	2676
proceedings to compel performance of their duties under this	2677
section.	2678

(G) Each member of an academic distress commission shall file	2679
the statement described in section 102.02 of the Revised Code with	2680
the Ohio ethics commission. The statement shall be confidential,	2681
subject to review, as described in division (B) of that section.	2682

(H) Meetings of each academic distress commission shall be	2683
subject to section 121.22 of the Revised Code.	2684

(I)(1) Within one hundred twenty days after the first meeting	2685
of an academic distress commission, the commission shall adopt an	2686
academic recovery plan to improve academic performance in the	2687
school district. The plan shall address academic problems at both	2688
the district and school levels. The plan shall include the	2689
following:	2690

(a) Short-term and long-term actions to be taken to improve	2691
the district's academic performance, including any actions	2692
required by section 3302.04 or 3302.041 of the Revised Code;	2693

(b) The sequence and timing of the actions described in	2694
division (I)(1)(a) of this section and the persons responsible for	2695
implementing the actions;	2696

(c) Resources that will be applied toward improvement	2697
efforts;	2698

(d) Procedures for monitoring and evaluating improvement	2699
efforts;	2700

(e) Requirements for reporting to the commission and the	2701
district board of education on the status of improvement efforts.	2702

(2) The commission may amend the academic recovery plan	2703
subsequent to adoption. The commission shall update the plan at	2704
least annually.	2705

(3) The commission shall submit the academic recovery plan it	2706
adopts or updates to the superintendent of public instruction for	2707
approval immediately following its adoption or updating. The	2708
superintendent shall evaluate the plan and either approve or	2709
disapprove it within thirty days after its submission. If the plan	2710
is disapproved, the superintendent shall recommend modifications	2711
that will render it acceptable. No academic distress commission	2712
shall implement an academic recovery plan unless the	2713
superintendent has approved it.	2714

(4) County, state, and school district officers and employees	2715
shall assist the commission diligently and promptly in the	2716
implementation of the academic recovery plan.	2717

(J) Each academic distress commission shall seek input from	2718
the district board of education regarding ways to improve the	2719
district's academic performance, but any decision of the	2720
commission related to any authority granted to the commission	2721
under this section shall be final.	2722

The commission may do any of the following:

2723

(1) Appoint school building administrators and reassign	2724
administrative personnel;	2725

(2) Terminate the contracts of administrators or	2726
administrative personnel. The commission shall not be required to	2727
comply with section 3319.16 of the Revised Code with respect to	2728
any contract terminated under this division.	2729

(3) Contract with a private entity to perform school or	2730
district management functions;	2731

(4) Establish a budget for the district and approve district	2732
appropriations and expenditures, unless a financial planning and	2733
supervision commission has been established for the district	2734
pursuant to section 3316.05 of the Revised Code.	2735

(K) If the board of education of a district for which an	2736
academic distress commission has been established under this	2737
section renews any collective bargaining agreement under Chapter	2738
4117. of the Revised Code during the existence of the commission,	2739
the district board shall not enter into any agreement that would	2740
render any decision of the commission unenforceable. Section	2741
3302.08 of the Revised Code does not apply to this division.	2742

Notwithstanding any provision to the contrary in Chapter	2743
4117. of the Revised Code, if the board of education has entered	2744
into a collective bargaining agreement after September 29, 2005,	2745
that contains stipulations relinquishing one or more of the rights	2746
or responsibilities listed in division (C) of section 4117.08 of	2747
the Revised Code, those stipulations are not enforceable and the	2748
district board shall resume holding those rights or	2749
responsibilities as if it had not relinquished them in that	2750
agreement until such time as both the academic distress commission	2751
ceases to exist and the district board agrees to relinquish those	2752
rights or responsibilities in a new collective bargaining	2753
agreement. The provisions of this paragraph apply to a collective	2754
bargaining agreement entered into after September 29, 2005, and	2755
those provisions are deemed to be part of that agreement	2756
regardless of whether the district satisfied the conditions	2757
prescribed in division (A) of this section at the time the	2758
district entered into that agreement.	2759

(L) An academic distress commission shall cease to exist when	2760
the district for which it was established receives a performance	2761
rating ~~under section 3302.03 of the Revised Code~~ of in need of	2762
continuous improvement or better, under section 3302.03 of the	2763
Revised Code as that section existed prior to the effective date	2764
of this amendment, or a grade of "C" or better for both the	2765
performance index score under division (A)(1)(b), (B)(1)(b), or	2766
(C)(1)(b) and the value-added progress dimension under division	2767
(A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the	2768
Revised Code for two of the three prior school years; however, the	2769
superintendent of public instruction may dissolve the commission	2770
earlier if the superintendent determines that the district can	2771
perform adequately without the supervision of the commission. Upon	2772
termination of the commission, the department of education shall	2773
compile a final report of the commission's activities to assist	2774
other academic distress commissions in the conduct of their	2775
functions.	2776

Sec. 3302.12. (A)(1) Except as provided in divisions (C) and	2777
(D) of this section, ~~for any~~this section applies to a school	2778
building that is ranked according to performance index score under	2779
section 3302.21 of the Revised Code in the lowest five per cent of	2780
~~all~~ public school buildings statewide for three consecutive years	2781
and that meets any combination of the following for three	2782
consecutive years:	2783

(a) The school building is declared to be under an academic	2784
watch or in a state of academic emergency under section 3302.03 of	2785
the Revised Code,;	2786

(b) The school building that has received a grade of "F" for	2787
the value-added progress dimension under division (A)(1)(e),	2788
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;	2789

(c) The school building that has received an overall grade of	2790
"F" under section 3302.03 of the Revised Code.	2791

(2) In the case of a building to which this section applies,	2792
the district board of education in control of that building shall	2793
do one of the following at the conclusion of the school year in	2794
which the building first becomes subject to this ~~division~~	2795
section:	2796

~~(1)~~(a) Close the school and direct the district	2797
superintendent to reassign the students enrolled in the school to	2798
other school buildings that demonstrate higher academic	2799
achievement;	2800

~~(2)~~(b) Contract with another school district or a nonprofit	2801
or for-profit entity with a demonstrated record of effectiveness	2802
to operate the school;	2803

~~(3)~~(c) Replace the principal and all teaching staff of the	2804
school and, upon request from the new principal, exempt the school	2805
from all requested policies and regulations of the board regarding	2806
curriculum and instruction. The board also shall distribute	2807
funding to the school in an amount that is at least equal to the	2808
product of the per pupil amount of state and local revenues	2809
received by the district multiplied by the student population of	2810
the school.	2811

~~(4)~~(d) Reopen the school as a conversion community school	2812
under Chapter 3314. of the Revised Code.	2813

(B) If an action taken by the board under division (A)(2) of	2814
this section causes the district to no longer maintain all grades	2815
kindergarten through twelve, as required by section 3311.29 of the	2816
Revised Code, the board shall enter into a contract with another	2817
school district pursuant to section 3327.04 of the Revised Code	2818
for enrollment of students in the schools of that other district	2819
to the extent necessary to comply with the requirement of section	2820
3311.29 of the Revised Code. Notwithstanding any provision of the	2821
Revised Code to the contrary, if the board enters into and	2822
maintains a contract under section 3327.04 of the Revised Code,	2823
the district shall not be considered to have failed to comply with	2824
the requirement of section 3311.29 of the Revised Code. If,	2825
however, the district board fails to or is unable to enter into or	2826
maintain such a contract, the state board of education shall take	2827
all necessary actions to dissolve the district as provided in	2828
division (A) of section 3311.29 of the Revised Code.	2829

(C) If a particular school is required to restructure under	2830
this section and a petition with respect to that same school has	2831
been filed and verified under divisions (B) and (C) of section	2832
3302.042 of the Revised Code, the provisions of that section and	2833
the petition filed and verified under it shall prevail over the	2834
provisions of this section and the school shall be restructured	2835
under that section. However, if division (D)(1), (2), or (3) of	2836
section 3302.042 of the Revised Code also applies to the school,	2837
the school shall be subject to restructuring under this section	2838
and not section 3302.042 of the Revised Code.	2839

If the provisions of this section conflict in any way with	2840
the requirements of federal law, federal law shall prevail over	2841
the provisions of this section.	2842

(D) If a school is restructured under this section, section	2843
3302.042 or 3302.10 of the Revised Code, or federal law, the	2844
school shall not be required to restructure again under state law	2845
for three consecutive years after the implementation of that prior	2846
restructuring.	2847

Sec. 3302.20. (A) The department of education shall develop	2848
standards for determining, from the existing data reported in	2849
accordance with sections 3301.0714 and 3314.17 of the Revised	2850
Code, the amount of annual operating expenditures for classroom	2851
instructional purposes and for nonclassroom purposes for each	2852
city, exempted village, local, and joint vocational school	2853
district, each community school established under Chapter 3314.	2854
that is not an internet- or computer-based community school, each	2855
internet- or computer-based community school, and each STEM school	2856
established under Chapter 3326. of the Revised Code. The	2857
department shall present those standards to the state board of	2858
education for consideration. In developing the standards, the	2859
department shall adapt existing standards used by professional	2860
organizations, research organizations, and other state	2861
governments. The department also shall align the expenditure	2862
categories required for reporting under the standards with the	2863
categories that are required for reporting to the United States	2864
department of education under federal law.	2865

The state board shall consider the proposed standards and	2866
adopt a final set of standards not later than December 31, 2012.	2867
School districts, community schools, and STEM schools shall begin	2868
reporting data in accordance with the standards on ~~July 1~~June 30,	2869
2013.	2870

(B)(1) The department shall categorize all city, exempted	2871
village, and local school districts into not less than three nor	2872
more than five groups based primarily on average daily student	2873
enrollment as reported on the most recent report card issued for	2874
each district under section 3302.03 of the Revised Code.	2875

(2) The department shall categorize all joint vocational	2876
school districts into not less than three nor more than five	2877
groups based primarily on average daily membership as reported	2878
under division (D) of section 3317.03 of the Revised Code rounded	2879
to the nearest whole number.	2880

(3) The department shall categorize all community schools	2881
that are not internet- or computer-based community schools into	2882
not less than three nor more than five groups based primarily on	2883
average daily student enrollment as reported on the most recent	2884
report card issued for each community school under sections	2885
3302.03 and 3314.012 of the Revised Code or, in the case of a	2886
school to which section 3314.017 of the Revised Code applies, on	2887
the total number of students reported under divisions (B)(2)(a)	2888
and (b) of section 3314.08 of the Revised Code.	2889

(4) The department shall categorize all internet- or	2890
computer-based community schools into a single category.	2891

(5) The department shall categorize all STEM schools into a	2892
single category.	2893

(C) Using the standards adopted under division (A) of this	2894
section and the data reported under sections 3301.0714 and 3314.17	2895
of the Revised Code, the department shall compute annually for	2896
each fiscal year, the following:	2897

(1) The percentage of each district's, community school's, or	2898
STEM school's total operating budget spent for classroom	2899
instructional purposes;	2900

(2) The statewide average percentage for all districts,	2901
community schools, and STEM schools combined spent for classroom	2902
instructional purposes;	2903

(3) The average percentage for each of the categories of	2904
districts and schools established under division (B) of this	2905
section spent for classroom instructional purposes;	2906

(4) The ranking of each district, community school, or STEM	2907
school within its respective category established under division	2908
(B) of this section according to the following:	2909

(a) From highest to lowest percentage spent for classroom	2910
instructional purposes;	2911

(b) From lowest to highest percentage spent for	2912
noninstructional purposes.	2913

(D) In its display of rankings within each category under	2914
division (C)(4) of this section, the department shall make the	2915
following notations:	2916

(1) Within each category of city, exempted village, and local	2917
school districts, the department shall denote each district that	2918
is:	2919

(a) Among the twenty per cent of all city, exempted village,	2920
and local school districts statewide with the lowest total	2921
operating expenditures per pupil;	2922

(b) Among the twenty per cent of all city, exempted village,	2923
and local school districts statewide with the highest performance	2924
index scores.	2925

(2) Within each category of joint vocational school	2926
districts, the department shall denote each district that is:	2927

(a) Among the twenty per cent of all joint vocational school	2928
districts statewide with the lowest total operating expenditures	2929
per pupil;	2930

(b) Among the twenty per cent of all joint vocational school	2931
districts statewide with the highest report card scores under	2932
section 3302.033 of the Revised Code.	2933

(3) Within each category of community schools that are not	2934
internet- or computer-based community schools, the department	2935
shall denote each school that is:	2936

(a) Among the twenty per cent of all such community schools	2937
statewide with the lowest total operating expenditures per pupil;	2938

(b) Among the twenty per cent of all such community schools	2939
statewide with the highest performance index scores, excluding	2940
such community schools to which section 3314.017 of the Revised	2941
Code applies.	2942

(4) Within the category of internet- or computer-based	2943
community schools, the department shall denote each school that	2944
is:	2945

(a) Among the twenty per cent of all such community schools	2946
statewide with the lowest total operating expenditures per pupil;	2947

(b) Among the twenty per cent of all such community schools	2948
statewide with the highest performance index scores, excluding	2949
such community schools to which section 3314.017 of the Revised	2950
Code applies.	2951

(5) Within the category of STEM schools, the department shall	2952
denote each school that is:	2953

(a) Among the twenty per cent of all STEM schools statewide	2954
with the lowest total operating expenditures per pupil;	2955

(b) Among the twenty per cent of all STEM schools statewide	2956
with the highest performance index scores.	2957

For purposes of divisions (D)(3)(b) and (4)(b) of this	2958
section, the display shall note that, in accordance with section	2959
3314.017 of the Revised Code, a performance index score is not	2960
reported for some community schools that serve primarily students	2961
enrolled in dropout prevention and recovery programs.	2962

(E) The department shall post in a prominent location on its	2963
web site the information prescribed by divisions (C) and (D) of	2964
this section. The department also shall include on each	2965
district's, community school's, and STEM school's annual report	2966
card issued under section 3302.03 or 3314.017 of the Revised Code	2967
the respective information computed for the district or school	2968
under divisions (C)(1) and (4) of this section, the statewide	2969
information computed under division (C)(2) of this section, and	2970
the information computed for the district's or school's category	2971
under division (C)(3) of this section.	2972

(F) As used in this section:

2973

(1) "Internet- or computer-based community school" has the	2974
same meaning as in section 3314.02 of the Revised Code.	2975

(2) A school district's, community school's, or STEM school's	2976
performance index score rank is its performance index score rank	2977
as computed under section 3302.21 of the Revised Code.	2978

Sec. 3302.21. (A) The department of education shall develop	2979
a system to rank order all city, exempted village, and local	2980
school districts, community schools established under Chapter	2981
3314. of the Revised Code except those community schools to which	2982
section 3314.017 of the Revised Code applies, and STEM schools	2983
established under Chapter 3326. of the Revised Code according to	2984
the following measures:	2985

(1) Performance index score for each school district,	2986
community school, and STEM school and for each separate building	2987
of a district, community school, or STEM school. For districts,	2988
schools, or buildings to which the performance index score does	2989
not apply, the superintendent of public instruction ~~shall~~may	2990
develop another measure of student academic performance based on	2991
similar data and performance measures if appropriate and use that	2992
measure to include those buildings in the ranking so that ~~all~~	2993
districts, schools, and buildings may be reliably compared to each	2994
other.	2995

(2) Student performance growth from year to year, using the	2996
value-added progress dimension, if applicable, and other measures	2997
of student performance growth designated by the superintendent of	2998
public instruction for subjects and grades not covered by the	2999
value-added progress dimension or the alternative student academic	3000
progress measure if adopted under division (C)(1)(e) of section	3001
3302.03 of the Revised Code;	3002

(3) Current operating expenditures per pupil as determined	3003
under standards adopted by the state board of education under	3004
section 3302.20 of the Revised Code;	3005

(4) Of total current operating expenditures, percentage spent	3006
for classroom instruction as determined under standards adopted by	3007
the state board under section 3302.20 of the Revised Code;	3008

(5) Performance of, and opportunities provided to, students	3009
identified as gifted using value-added progress dimensions, if	3010
applicable, and other relevant measures as designated by the	3011
superintendent of public instruction.	3012

The department shall rank each district, each community	3013
school except a community school to which section 3314.017 of the	3014
Revised Code applies, and each STEM school annually in accordance	3015
with the system developed under this section.	3016

(B) In addition to the reports required by sections 3302.03	3017
and 3302.031 of the Revised Code, not later than the first day of	3018
September each year, the department shall issue a report for each	3019
city, exempted village, and local school district, each community	3020
school except a community school to which section 3314.017 of the	3021
Revised Code applies, and each STEM school indicating the	3022
district's or school's rank on each measure described in divisions	3023
(A)(1) to (4) of this section, including each separate building's	3024
rank among all public school buildings according to performance	3025
index score under division (A)(1) of this section.	3026

Sec. 3310.03. A student is an "eligible student" for	3027
purposes of the educational choice scholarship pilot program if	3028
the student's resident district is not a school district in which	3029
the pilot project scholarship program is operating under sections	3030
3313.974 to 3313.979 of the Revised Code and the student satisfies	3031
one of the conditions in division (A), (B), or (C) of this	3032
section:	3033

(A)(1) The student is enrolled in a school building ~~that is~~	3034
operated by the student's resident district that, on the report	3035
card issued under section 3302.03 of the Revised Code published	3036
prior to the first day of July of the school year for which a	3037
scholarship is sought, did not receive a rating as described in	3038
division (G) of this section, and to which ~~both~~any or a	3039
combination of any of the following apply for two of the three	3040
most recent report cards published prior to the first day of July	3041
of the school year for which a scholarship is sought:	3042

(a) The building was declared~~, in at least two of the three~~	3043
~~most recent ratings of school buildings published prior to the~~	3044
~~first day of July of the school year for which a scholarship is~~	3045
~~sought,~~ to be in a state of academic emergency or academic watch	3046
under section 3302.03 of the Revised Code;as that section existed	3047
prior to the effective date of this amendment.	3048

(b) ~~The building was not declared to be excellent or~~	3049
~~effective under that section in the most recent rating published~~	3050
~~prior to the first day of July of the school year for which a~~	3051
~~scholarship is sought~~The building received a grade of "D" or "F"	3052
for the performance index score under division (A)(1)(b) or	3053
(B)(1)(b) of section 3302.03 of the Revised Code and for the	3054
value-added progress dimension under division (A)(1)(e) or	3055
(B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013	3056
or 2013-2014 school year, or both; or if the building serves only	3057
grades ten through twelve, the building received a grade of "D" or	3058
"F" for the performance index score under division (A)(1)(b) or	3059
(B)(1)(b) of section 3302.03 of the Revised Code and had a	3060
four-year adjusted cohort graduation rate of less than	3061
seventy-five per cent.	3062

(c) The building received an overall grade of "D" or "F"	3063
under division (C)(3) of section 3302.03 of the Revised Code or a	3064
grade of "F" for the value-added progress dimension under division	3065
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3066
school year or any school year thereafter.	3067

(2) The student is eligible to enroll in kindergarten in the	3068
school year for which a scholarship is sought and otherwise would	3069
be assigned under section 3319.01 of the Revised Code to a school	3070
building described in division (A)(1) of this section.	3071

(3) The student is enrolled in a community school established	3072
under Chapter 3314. of the Revised Code but otherwise would be	3073
assigned under section 3319.01 of the Revised Code to a building	3074
described in division (A)(1) of this section.	3075

(4) The student is enrolled in a school building ~~that is~~	3076
operated by the student's resident district or in a community	3077
school established under Chapter 3314. of the Revised Code and	3078
otherwise would be assigned under section 3319.01 of the Revised	3079
Code to a school building described in division (A)(1) of this	3080
section in the school year for which the scholarship is sought.	3081

(5) The student is eligible to enroll in kindergarten in the	3082
school year for which a scholarship is sought, or is enrolled in a	3083
community school established under Chapter 3314. of the Revised	3084
Code, and all of the following apply to the student's resident	3085
district:	3086

(a) The district has in force an intradistrict open	3087
enrollment policy under which no student in kindergarten or the	3088
community school student's grade level, respectively, is	3089
automatically assigned to a particular school building;	3090

(b) In ~~at least two of the three most recent ratings of~~	3091
~~school districts published prior to the first day of July of the~~	3092
~~school year for which a scholarship is sought, the district was~~	3093
~~declared to be in a state of academic emergency under section~~	3094
~~3302.03 of the Revised Code;~~	3095

~~(c) The district was not declared to be excellent or~~	3096
~~effective under that section in the most recent rating published~~	3097
~~prior to the first day of July of the school year for which a~~	3098
~~scholarship is sought~~the most recent rating published prior to	3099
the first day of July of the school year for which scholarship is	3100
sought, the district did not receive a rating described in	3101
division (G) of this section, and in at least two of the three	3102
most recent report cards published prior to the first day of July	3103
of that school year, any or a combination of the following apply	3104
to the district:	3105

(i) The district was declared to be in a state of academic	3106
emergency under section 3302.03 of the Revised Code as it existed	3107
prior to the effective date of this amendment.	3108

(ii) The district received a grade of "D" or "F" for the	3109
performance index score under division (A)(1)(b) or (B)(1)(b) of	3110
section 3302.03 of the Revised Code and for the value-added	3111
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3112
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	3113
school year, or both.	3114

(c) The district received an overall grade of "D" or "F"	3115
under division (C)(3) of section 3302.03 of the Revised Code or a	3116
grade of "F" for the value-added progress dimension under division	3117
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3118
school year or any school year thereafter.	3119

(B)(1) The student is enrolled in a school building ~~that is~~	3120
operated by the student's resident district and to which both of	3121
the following apply:	3122

(a) The building was ranked, for at least two of the three	3123
most recent rankings published under section 3302.21 of the	3124
Revised Code prior to the first day of July of the school year for	3125
which a scholarship is sought, in the lowest ten per cent of all	3126
public school buildings according to performance index score under	3127
section 3302.21 of the Revised Code.	3128

(b) The building was not declared to be excellent or	3129
effective under section 3302.03 of the Revised Code in the most	3130
recent rating published prior to the first day of July of the	3131
school year for which a scholarship is sought.	3132

(2) The student is eligible to enroll in kindergarten in the	3133
school year for which a scholarship is sought and otherwise would	3134
be assigned under section 3319.01 of the Revised Code to a school	3135
building described in division (B)(1) of this section.	3136

(3) The student is enrolled in a community school established	3137
under Chapter 3314. of the Revised Code but otherwise would be	3138
assigned under section 3319.01 of the Revised Code to a building	3139
described in division (B)(1) of this section.	3140

(4) The student is enrolled in a school building ~~that is~~	3141
operated by the student's resident district or in a community	3142
school established under Chapter 3314. of the Revised Code and	3143
otherwise would be assigned under section 3319.01 of the Revised	3144
Code to a school building described in division (B)(1) of this	3145
section in the school year for which the scholarship is sought.	3146

(C) The student is enrolled in a nonpublic school at the time	3147
the school is granted a charter by the state board of education	3148
under section 3301.16 of the Revised Code and the student meets	3149
the standards of division (B) of section 3310.031 of the Revised	3150
Code.	3151

(D) A student who receives a scholarship under the	3152
educational choice scholarship pilot program remains an eligible	3153
student and may continue to receive scholarships in subsequent	3154
school years until the student completes grade twelve, so long as	3155
all of the following apply:	3156

(1) The student's resident district remains the same, or the	3157
student transfers to a new resident district and otherwise would	3158
be assigned in the new resident district to a school building	3159
described in division (A)(1) or (B)(1) of this section;	3160

(2) The student takes each assessment prescribed for the	3161
student's grade level under section 3301.0710 or 3301.0712 of the	3162
Revised Code while enrolled in a chartered nonpublic school;	3163

(3) In each school year that the student is enrolled in a	3164
chartered nonpublic school, the student is absent from school for	3165
not more than twenty days that the school is open for instruction,	3166
not including excused absences.	3167

(E)(1) The department shall cease awarding first-time	3168
scholarships pursuant to divisions (A)(1) to (4) of this section	3169
with respect to a school building that, in the most recent ratings	3170
of school buildings published under section 3302.03 of the Revised	3171
Code prior to the first day of July of the school year, ceases to	3172
meet the criteria in division (A)(1) of this section. The	3173
department shall cease awarding first-time scholarships pursuant	3174
to division (A)(5) of this section with respect to a school	3175
district that, in the most recent ratings of school districts	3176
published under section 3302.03 of the Revised Code prior to the	3177
first day of July of the school year, ceases to meet the criteria	3178
in division (A)(5) of this section.	3179

(2) The department shall cease awarding first-time	3180
scholarships pursuant to divisions (B)(1) to (4) of this section	3181
with respect to a school building that, in the most recent ratings	3182
of school buildings under section 3302.03 of the Revised Code	3183
prior to the first day of July of the school year, ceases to meet	3184
the criteria in division (B)(1) of this section.	3185

(3) However, students who have received scholarships in the	3186
prior school year remain eligible students pursuant to division	3187
(D) of this section.	3188

(F) The state board of education shall adopt rules defining	3189
excused absences for purposes of division (D)(3) of this section.	3190

(G)(1) A student who satisfies only the conditions prescribed	3191
in divisions (A)(1) to (4) of this section shall not be eligible	3192
for a scholarship if the student's resident building meets any of	3193
the following in the most recent rating under section 3302.03 of	3194
the Revised Code published prior to the first day of July of the	3195
school year for which a scholarship is sought:	3196

(a) The building has an overall designation of excellent or	3197
effective under section 3302.03 of the Revised Code as it existed	3198
prior to the effective date of this amendment.	3199

(b) For the 2012-2013 or 2013-2014 school year or both, the	3200
building has a grade of "A" or "B" for the performance index score	3201
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	3202
Revised Code and for the value-added progress dimension under	3203
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	3204
Code; or if the building serves only grades ten through twelve,	3205
the building received a grade of "A" or "B" for the performance	3206
index score under division (A)(1)(b) or (B)(1)(b) of section	3207
3302.03 of the Revised Code and had a four-year adjusted cohort	3208
graduation rate of greater than or equal to seventy-five per cent.	3209

(c) For the 2014-2015 school year or any school year	3210
thereafter, the building has a grade of "A" or "B" under division	3211
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	3212
for the value-added progress dimension under division (C)(1)(e) of	3213
section 3302.03 of the Revised Code; or if the building serves	3214
only grades ten through twelve, the building received a grade of	3215
"A" or "B" for the performance index score under division	3216
(C)(1)(b) of section 3302.03 of the Revised Code and had a	3217
four-year adjusted cohort graduation rate of greater than or equal	3218
to seventy-five per cent.	3219

(2) A student who satisfies only the conditions prescribed in	3220
division (A)(5) of this section shall not be eligible for a	3221
scholarship if the student's resident district meets any of the	3222
following in the most recent rating under section 3302.03 of the	3223
Revised Code published prior to the first day of July of the	3224
school year for which a scholarship is sought:	3225

(a) The district has an overall designation of excellent or	3226
effective under section 3302.03 of the Revised Code as it existed	3227
prior to the effective date of this amendment.	3228

(b) The district has a grade of "A" or "B" for the	3229
performance index score under division (A)(1)(b) or (B)(1)(b) of	3230
section 3302.03 of the Revised Code and for the value-added	3231
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3232
section 3302.03 of the Revised Code for the 2012-2013 and	3233
2013-2014 school years.	3234

(c) The district has an overall grade of "A" or "B" under	3235
division (C)(3) of section 3302.03 of the Revised Code and a grade	3236
of "A" for the value-added progress dimension under division	3237
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3238
school year or any school year thereafter.	3239

Sec. 3310.06. It is the policy adopted by the general	3240
assembly that the educational choice scholarship pilot program	3241
shall be construed as one of several educational options available	3242
for students enrolled in ~~academic emergency or academic watch~~	3243
persistently low-performing school buildings. Students may be	3244
enrolled in the schools of the student's resident district, in a	3245
community school established under Chapter 3314. of the Revised	3246
Code, in the schools of another school district pursuant to an	3247
open enrollment policy adopted under section 3313.98 of the	3248
Revised Code, in a chartered nonpublic school with or without a	3249
scholarship under the educational choice scholarship pilot	3250
program, or in other schools as the law may provide.	3251

Sec. 3310.16. For the 2013-2014 school year and each school	3252
year thereafter, the department of education shall conduct two	3253
application periods each year for the educational choice	3254
scholarship pilot program, as follows:	3255

(A) The first application period shall open not sooner than	3256
the first day of February prior to the first day of July of the	3257
school year for which a scholarship is sought and run not less	3258
than seventy-five days.	3259

(B) The second application period shall open not sooner than	3260
the first day of July of the school year for which the scholarship	3261
is sought and run not less than thirty days.	3262

Sec. 3311.741. (A) This section applies only to a municipal	3263
school district in existence on July 1, 2012.	3264

(B) Not later than December 1, 2012, the board of education	3265
of each municipal school district to which this section applies	3266
shall submit to the superintendent of public instruction an array	3267
of measures to be used in evaluating the performance of the	3268
district. The measures shall assess at least overall student	3269
achievement, student progress over time, the achievement and	3270
progress over time of each of the applicable categories of	3271
students described in division ~~(C)(3)~~(F) of section 3302.03 of the	3272
Revised Code, and college and career readiness. The state	3273
superintendent shall approve or disapprove the measures by January	3274
15, 2013. If the measures are disapproved, the state	3275
superintendent shall recommend modifications that will make the	3276
measures acceptable.	3277

(C) Beginning with the 2012-2013 school year, the board	3278
annually shall establish goals for improvement on each of the	3279
measures approved under division (B) of this section. The school	3280
district's performance data for the 2011-2012 school year shall be	3281
used as a baseline for determining improvement.	3282

(D) Not later than October 1, 2013, and by the first day of	3283
October each year thereafter, the board shall issue a report	3284
describing the school district's performance for the previous	3285
school year on each of the measures approved under division (B) of	3286
this section and whether the district has met each of the	3287
improvement goals established for that year under division (C) of	3288
this section. The board shall provide the report to the governor,	3289
the superintendent of public instruction, and, in accordance with	3290
section 101.68 of the Revised Code, the general assembly.	3291

(E) Not later than November 15, 2017, the superintendent of	3292
public instruction shall evaluate the school district's	3293
performance based on the measures approved under division (B) of	3294
this section and shall issue a report to the governor and general	3295
assembly.	3296

Sec. 3311.80. Notwithstanding any provision of the Revised	3297
Code to the contrary, a municipal school district shall be subject	3298
to this section instead of section 3319.111 of the Revised Code.	3299

(A) Not later than July 1, 2013, the board of education of	3300
each municipal school district and the teachers' labor	3301
organization shall develop and adopt standards-based teacher	3302
evaluation procedures that conform with the framework for	3303
evaluation of teachers developed under section 3319.112 of the	3304
Revised Code. The evaluation procedures shall include at least	3305
formal observations and classroom walk-throughs, which may be	3306
announced or unannounced; examinations of samples of work, such as	3307
lesson plans or assessments designed by a teacher; and multiple	3308
measures of student academic growth.	3309

(B) When using measures of student academic growth as a	3310
component of a teacher's evaluation, those measures shall include	3311
the value-added progress dimension prescribed by section 3302.021	3312
of the Revised Code or the alternative student academic progress	3313
measure if adopted under division (C)(1)(e) of section 3302.03 of	3314
the Revised Code. For teachers of grade levels and subjects for	3315
which the value-added progress dimension or alternative student	3316
academic achievement measure is not applicable, the board shall	3317
administer assessments on the list developed under division (B)(2)	3318
of section 3319.112 of the Revised Code.	3319

(C)(1) Each teacher employed by the board shall be evaluated	3320
at least once each school year, except as provided in division	3321
(C)(2) of this section. The composite evaluation shall be	3322
completed not later than the first day of June and the teacher	3323
shall receive a written report of the results of the composite	3324
evaluation not later than ten days after its completion or the	3325
last teacher work day of the school year, whichever is earlier.	3326

(2) Each teacher who received a rating of accomplished on the	3327
teacher's most recent evaluation conducted under this section may	3328
be evaluated once every two school years, except that the teacher	3329
shall be evaluated in any school year in which the teacher's	3330
contract is due to expire. The biennial composite evaluation shall	3331
be completed not later than the first day of June of the	3332
applicable school year, and the teacher shall receive a written	3333
report of the results of the composite evaluation not later than	3334
ten days after its completion or the last teacher work day of the	3335
school year, whichever is earlier.	3336

(D) Each evaluation conducted pursuant to this section shall	3337
be conducted by one or more of the following persons who have been	3338
trained to conduct evaluations in accordance with criteria that	3339
shall be developed jointly by the chief executive officer of the	3340
district, or the chief executive officer's designee, and the	3341
teachers' labor organization:	3342

(1) The chief executive officer or a subordinate officer of	3343
the district with responsibility for instruction or academic	3344
affairs;	3345

(2) A person who is under contract with the board pursuant to	3346
section 3319.02 of the Revised Code and holds a license designated	3347
for being a principal issued under section 3319.22 of the Revised	3348
Code;	3349

(3) A person who is under contract with the board pursuant to	3350
section 3319.02 of the Revised Code and holds a license designated	3351
for being a vocational director or a supervisor in any educational	3352
area issued under section 3319.22 of the Revised Code;	3353

(4) A person designated to conduct evaluations under an	3354
agreement providing for peer assistance and review entered into by	3355
the board and the teachers' labor organization.	3356

(E) The evaluation procedures shall describe how the	3357
evaluation results will be used for decisions regarding	3358
compensation, retention, promotion, and reductions in force and	3359
for removal of poorly performing teachers.	3360

(F) A teacher may challenge any violations of the evaluation	3361
procedures in accordance with the grievance procedure specified in	3362
any applicable collective bargaining agreement. A challenge under	3363
this division is limited to the determination of procedural errors	3364
that have resulted in substantive harm to the teacher and to	3365
ordering the correction of procedural errors. The failure of the	3366
board or a person conducting an evaluation to strictly comply with	3367
any deadline or evaluation forms established as part of the	3368
evaluation process shall not be cause for an arbitrator to	3369
determine that a procedural error occurred, unless the arbitrator	3370
finds that the failure resulted in substantive harm to the	3371
teacher. The arbitrator shall have no jurisdiction to modify the	3372
evaluation results, but the arbitrator may stay any decision taken	3373
pursuant to division (E) of this section pending the board's	3374
correction of any procedural error. The board shall correct any	3375
procedural error within fifteen business days after the	3376
arbitrator's determination that a procedural error occurred.	3377

(G) Notwithstanding any provision to the contrary in Chapter	3378
4117. of the Revised Code, the requirements of this section	3379
prevail over any conflicting provisions of a collective bargaining	3380
agreement entered into on or after ~~the effective date of this~~	3381
~~section~~October 1, 2012. However, the board and the teachers'	3382
labor organization may negotiate additional evaluation procedures,	3383
including an evaluation process incorporating peer assistance and	3384
review, provided the procedures are consistent with this section.	3385

(H) This section does not apply to administrators appointed	3386
by the chief executive officer of a municipal school district	3387
under section 3311.72 of the Revised Code, administrators subject	3388
to evaluation procedures under section 3311.84 or 3319.02 of the	3389
Revised Code, or to any teacher employed as a substitute for less	3390
than one hundred twenty days during a school year pursuant to	3391
section 3319.10 of the Revised Code.	3392

Sec. 3313.473. (A) This section does not apply to any school	3393
district ~~declared to be excellent or effective pursuant to~~	3394
~~division (B)(1) or (2) of section 3302.03 of the Revised Code~~to	3395
which one of the following applies:	3396

(1) For the 2011-2012 school year, the school district was	3397
declared to be excellent or effective under section 3302.03 of the	3398
Revised Code, as that section existed prior to the effective date	3399
of this section.	3400

(2) For the 2012-2013 school year, the school district	3401
received a grade of "A" or "B" for the performance index score	3402
under division (A)(1)(b) and for the value-added dimension under	3403
division (A)(1)(e) of section 3302.03 of the Revised Code.	3404

(3) For the 2013-2014 school year, the school district	3405
received a grade of "A" or "B" for the performance index score	3406
under division (B)(1)(b) and for the value-added dimension under	3407
division (B)(1)(e) of section 3302.03 of the Revised Code.	3408

(4) For the 2014-2015 school year and for any school year	3409
thereafter, the school district received an overall grade of "A"	3410
or "B" under division (C)(3) of section 3302.03 of the Revised	3411
Code.	3412

~~(A)~~(B) The state board of education shall adopt rules	3413
requiring school districts with a total student count of over five	3414
thousand, as determined pursuant to section 3317.03 of the Revised	3415
Code, to designate one school building to be operated by a	3416
site-based management council. The rules shall specify the	3417
composition of the council and the manner in which members of the	3418
council are to be selected and removed.	3419

~~(B)~~(C) The rules adopted under division ~~(A)~~(B) of this	3420
section shall specify those powers, duties, functions, and	3421
responsibilities that shall be vested in the management council	3422
and that would otherwise be exercised by the district board of	3423
education. The rules shall also establish a mechanism for	3424
resolving any differences between the council and the district	3425
board if there is disagreement as to their respective powers,	3426
duties, functions, and responsibilities.	3427

~~(C)~~(D) The board of education of any school district	3428
described by division ~~(A)~~(B) of this section may, in lieu of	3429
complying with the rules adopted under this section, file with the	3430
department of education an alternative structure for a district	3431
site-based management program in at least one of its school	3432
buildings. The proposal shall specify the composition of the	3433
council, which shall include an equal number of parents and	3434
teachers and the building principal, and the method of selection	3435
and removal of the council members. The proposal shall also	3436
clearly delineate the respective powers, duties, functions, and	3437
responsibilities of the district board and the council. The	3438
district's proposal shall comply substantially with the rules	3439
adopted under division ~~(A)~~(B) of this section.	3440

Sec. 3313.608. (A)(1) Beginning with students who enter	3441
third grade in the school year that starts July 1, 2009, and until	3442
June 30, 2013, for any student who attains a score in the range	3443
designated under division (A)(3) of section 3301.0710 of the	3444
Revised Code on the assessment prescribed under that section to	3445
measure skill in English language arts expected at the end of	3446
third grade, each school district, in accordance with the policy	3447
adopted under section 3313.609 of the Revised Code, shall do one	3448
of the following:	3449

(a) Promote the student to fourth grade if the student's	3450
principal and reading teacher agree that other evaluations of the	3451
student's skill in reading demonstrate that the student is	3452
academically prepared to be promoted to fourth grade;	3453

(b) Promote the student to fourth grade but provide the	3454
student with intensive intervention services in fourth grade;	3455

3456

(2) Beginning with students who enter third grade in the	3457
2013-2014 school year, no school district shall promote to fourth	3458
grade any student who attains a score in the range designated	3459
under division (A)(3) of section 3301.0710 of the Revised Code on	3460
the assessment prescribed under that section to measure skill in	3461
English language arts expected at the end of third grade, unless	3462
one of the following applies:	3463

(a) The student is a limited English proficient student who	3464
has been enrolled in United States schools for less than two full	3465
school years and has had less than two years of instruction in an	3466
English as a second language program.	3467

(b) The student is a child with a disability entitled to	3468
special education and related services under Chapter 3323. of the	3469
Revised Code and the student's individualized education program	3470
exempts the student from retention under this division.	3471

(c) The student demonstrates an acceptable level of	3472
performance on an alternative standardized reading assessment as	3473
determined by the department of education.	3474

(d) All of the following apply:

3475

(i) The student is a child with a disability entitled to	3476
special education and related services under Chapter 3323. of the	3477
Revised Code.	3478

(ii) The student has taken the third grade English language	3479
arts achievement assessment prescribed under section 3301.0710 of	3480
the Revised Code.	3481

(iii) The student's individualized education program or plan	3482
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	3483
355, 29 U.S.C. 794, as amended, shows that the student has	3484
received intensive remediation in reading for two school years but	3485
still demonstrates a deficiency in reading.	3486

(iv) The student previously was retained in any of grades	3487
kindergarten to three.	3488

(e)(i) The student received intensive remediation for reading	3489
for two school years but still demonstrates a deficiency in	3490
reading and was previously retained in any of grades kindergarten	3491
to three.	3492

(ii) A student who is promoted under division (A)(2)(e)(i) of	3493
this section shall continue to receive intensive reading	3494
instruction in grade four. The instruction shall include an	3495
altered instructional day that includes specialized diagnostic	3496
information and specific research-based reading strategies for the	3497
student that have been successful in improving reading among	3498
low-performing readers.	3499

(B)(1) Beginning in the 2012-2013 school year, to assist	3500
students in meeting the third grade guarantee established by this	3501
section, each school district board of education shall adopt	3502
policies and procedures with which it annually shall assess the	3503
reading skills of each student enrolled in kindergarten to third	3504
grade by the thirtieth day of September and shall identify	3505
students who are reading below their grade level. Each district	3506
shall use the diagnostic assessment to measure ~~English language~~	3507
~~arts~~reading ability for the appropriate grade level adopted under	3508
section 3301.079 of the Revised Code, or a comparable tool	3509
approved by the department of education, to identify such	3510
students. The policies and procedures shall require the students'	3511
classroom teachers to be involved in the assessment and the	3512
identification of students reading below grade level.	3513

(2) For each student identified by the diagnostic assessment	3514
prescribed under this section as having reading skills below grade	3515
level, the district shall do both of the following:	3516

(a) Provide to the student's parent or guardian, in writing,	3517
all of the following:	3518

(i) Notification that the student has been identified as	3519
having a substantial deficiency in reading;	3520

(ii) A description of the current services that are provided	3521
to the student;	3522

(iii) A description of the proposed supplemental	3523
instructional services and supports that will be provided to the	3524
student that are designed to remediate the identified areas of	3525
reading deficiency;	3526

(iv) Notification that if the student attains a score in the	3527
range designated under division (A)(3) of section 3301.0710 of the	3528
Revised Code on the assessment prescribed under that section to	3529
measure skill in English language arts expected at the end of	3530
third grade, the student shall be retained unless the student is	3531
exempt under division (A) of this section. The notification shall	3532
specify that the assessment under section 3301.0710 of the Revised	3533
Code is not the sole determinant of promotion and that additional	3534
evaluations and assessments are available to the student to assist	3535
parents and the district in knowing when a student is reading at	3536
or above grade level and ready for promotion.	3537

(b) Provide intensive reading instruction services and	3538
regular diagnostic assessments to the student immediately	3539
following identification of a reading deficiency~~, in accordance~~	3540
~~with~~until the development of the reading improvement and	3541
monitoring plan required by division (C) of this section. ~~Such~~	3542
These intervention services shall include research-based reading	3543
strategies that have been shown to be successful in improving	3544
reading among low-performing readers and instruction targeted at	3545
the student's identified reading deficiencies.	3546

(3) For each student retained under division (A) of this	3547
section, the district shall do all of the following:	3548

(a) Provide intense remediation services until the student is	3549
able to read at grade level. The remediation services shall	3550
include intensive interventions in reading that address the areas	3551
of deficiencies identified under this section including, but not	3552
limited to, not less than ninety minutes of reading ~~daily~~	3553
instruction per day, and may include any of the following:	3554

(i) Small group instruction;

3555

(ii) Reduced teacher-student ratios;

3556

(iii) More frequent progress monitoring;

3557

(iv) Tutoring or mentoring;

3558

(v) Transition classes containing third and fourth grade	3559
students;	3560

(vi) Extended school day, week, or year;

3561

(vii) Summer reading camps.

3562

(b) Establish a policy for the mid-year promotion of a	3563
student retained under division (A) of this section who	3564
demonstrates that the student is reading at or above grade level;	3565

(c) Provide each student with a ~~high-performing~~ teacher~~, as~~	3566
~~determined by the teacher's student performance data, when~~	3567
~~available, and performance reviews~~who satisfies one or more of	3568
the applicable criteria set forth in division (H) of this section.	3569

The district shall offer the option for students to receive	3570
applicable services from one or more providers other than the	3571
district. Providers shall be screened and approved by the district	3572
or the department of education. If the student participates in the	3573
remediation services and demonstrates reading proficiency in	3574
accordance with standards adopted by the department prior to the	3575
start of fourth grade, the district shall promote the student to	3576
that grade.	3577

(4) For each student retained under division (A) of this	3578
section who has demonstrated proficiency in a specific academic	3579
ability field, each district shall provide instruction	3580
commensurate with student achievement levels in that specific	3581
academic ability field.	3582

As used in this division, "specific academic ability field"	3583
has the same meaning as in section 3324.01 of the Revised Code.	3584

(C) For each student required to be provided intervention	3585
services under this section, the district shall develop a reading	3586
improvement and monitoring plan within sixty days after receiving	3587
the student's results on the diagnostic assessment or comparable	3588
tool administered under division (B)(1) of this section. The	3589
district shall involve the student's parent or guardian and	3590
classroom teacher in developing the plan. The plan shall include	3591
all of the following:	3592

(1) Identification of the student's specific reading	3593
deficiencies;	3594

(2) A description of the additional instructional services	3595
and support that will be provided to the student to remediate the	3596
identified reading deficiencies;	3597

(3) Opportunities for the student's parent or guardian to be	3598
involved in the instructional services and support described in	3599
division (C)(2) of this section;	3600

(4) A process for monitoring the extent to which the student	3601
receives the instructional services and support described in	3602
division (C)(2) of this section;	3603

(5) A reading curriculum during regular school hours that	3604
does all of the following:	3605

(a) Assists students to read at grade level;

3606

(b) Provides scientifically based and reliable assessment;

3607

(c) Provides initial and ongoing analysis of each student's	3608
reading progress.	3609

(6) A statement that if the student attains a score in the	3610
range designated under division (A)(3) of section 3301.0710 of the	3611
Revised Code on the assessment prescribed under that section to	3612
measure skill in English language arts expected by the end of	3613
third grade, the student may be retained in third grade.	3614

Each student with a reading improvement and monitoring plan	3615
under this division who enters third grade after July 1, 2013,	3616
shall be assigned to a teacher who ~~has either received a passing~~	3617
~~score on a rigorous test of principles of scientifically based~~	3618
~~reading instruction approved by the state board of education or~~	3619
~~has a reading endorsement on the teacher's license~~satisfies one	3620
or more of the applicable criteria set forth in division (H) of	3621
this section.	3622

The district shall report any information requested by the	3623
department about the reading improvement monitoring plans	3624
developed under this division in the manner required by the	3625
department.	3626

(D) Each school district shall report annually to the	3627
department on its implementation and compliance with this section	3628
using guidelines prescribed by the superintendent of public	3629
instruction. The superintendent of public instruction annually	3630
shall report to the governor and general assembly the number and	3631
percentage of students in grades kindergarten through four reading	3632
below grade level based on the diagnostic assessments administered	3633
under division (B) of this section and the achievement assessments	3634
administered under divisions (A)(1)(a) and (b) of section	3635
3301.0710 of the Revised Code in English language arts, aggregated	3636
by school district and building; the types of intervention	3637
services provided to students; and, if available, an evaluation of	3638
the efficacy of the intervention services provided.	3639

(E) Any summer remediation services funded in whole or in	3640
part by the state and offered by school districts to students	3641
under this section shall meet the following conditions:	3642

(1) The remediation methods are based on reliable educational	3643
research.	3644

(2) The school districts conduct assessment before and after	3645
students participate in the program to facilitate monitoring	3646
results of the remediation services.	3647

(3) The parents of participating students are involved in	3648
programming decisions.	3649

(F) Any intervention or remediation services required by this	3650
section shall include intensive, explicit, and systematic	3651
instruction.	3652

(G) This section does not create a new cause of action or a	3653
substantive legal right for any person.	3654

(H)(1) Prior to July 1, 2014, each student described in	3655
division (B)(3) or (C) of this section who enters third grade for	3656
the first time on or after July 1, 2013, shall be assigned a	3657
teacher who has been actively engaged in the reading instruction	3658
of students for the previous three years and who satisfies one or	3659
more of the following criteria:	3660

(a) The teacher holds a reading endorsement on the teacher's	3661
license and has attained a passing score on the corresponding	3662
assessment for that endorsement.	3663

(b) The teacher has completed a master's degree program with	3664
a major in reading.	3665

(c) The teacher has demonstrated evidence of a credential	3666
earned from a list of scientifically research-based reading	3667
instruction programs approved by the department.	3668

(d) The teacher was rated "above value added," which means	3669
most effective in reading, as determined by the department, for	3670
the last two school years.	3671

(2) Effective July 1, 2014, each student described in	3672
divisions (B)(3) and (C) of this section shall be assigned a	3673
teacher who has been actively engaged in the reading instruction	3674
of students for the previous three years and who satisfies one or	3675
more of the following criteria:	3676

(a) The teacher holds a reading endorsement on the teacher's	3677
license and has attained a passing score on the corresponding	3678
assessment for that endorsement.	3679

(b) The teacher has completed a master's degree program with	3680
a major in reading.	3681

(c) The teacher was rated above "above value added," which	3682
means most effective for the last two school years.	3683

(d) The teacher has earned a passing score on a rigorous test	3684
of principles of scientifically research-based reading	3685
instruction. This test shall be selected through a competitive	3686
bidding process and shall be approved by the state board.	3687

(3) If, on the effective date of this amendment, a school	3688
district or community school cannot furnish the number of teachers	3689
needed who satisfy one or more of the criteria set forth in	3690
division (H)(1) of this section, the school district or community	3691
school shall develop and submit a plan by June 30, 2013, in a	3692
manner determined by the department indicating the criteria that	3693
will be used to determine those teachers in the school district or	3694
community school who will teach and how the school district or	3695
community school will meet the requirements set forth in division	3696
(H)(2) of this section.	3697

A school district or community school may include in this	3698
plan the option to contract with another school district or	3699
private provider that has been screened and approved by the	3700
department to provide intervention services. If the school	3701
district or community school's plan is not approved by the	3702
department by August 15, 2013, the school district or community	3703
school shall use a private contractor from a list approved by the	3704
department or contract with another district to provide	3705
intervention services for these students.	3706

Sec. 3314.011. Every community school established under this	3707
chapter shall have a designated fiscal officer. The auditor of	3708
state may require by rule that the fiscal officer of any community	3709
school, before entering upon duties as fiscal officer of the	3710
school, execute a bond in an amount and with surety to be approved	3711
by the governing authority of the school, payable to the state,	3712
conditioned for the faithful performance of all the official	3713
duties required of the fiscal officer. Any such bond shall be	3714
deposited with the governing authority of the school, and a copy	3715
thereof, certified by the governing authority, shall be filed with	3716
the county auditor.	3717

Prior to assuming the duties of fiscal officer, the fiscal	3718
officer designated under this section shall be licensed under	3719
section 3301.074 of the Revised Code ~~or shall complete not less~~	3720
~~than sixteen hours of continuing education classes, courses, or~~	3721
~~workshops in the area of school accounting as approved by the~~	3722
~~sponsor of the community school. Any fiscal officer who is not~~	3723
~~licensed under section 3301.074 of the Revised Code shall complete~~	3724
~~an additional twenty-four hours of continuing education classes,~~	3725
~~courses, or workshops in the area of school accounting as approved~~	3726
~~by the sponsor of the school within one year after assuming the~~	3727
~~duties of fiscal officer of the school. However, any such classes,~~	3728
~~courses, or workshops in excess of sixteen hours completed by the~~	3729
~~fiscal officer prior to assuming the duties of fiscal officer~~	3730
~~shall count toward the additional twenty-four hours of continuing~~	3731
~~education required under this section. In each subsequent year,~~	3732
~~any fiscal officer who is not licensed under section 3301.074 of~~	3733
~~the Revised Code shall complete eight hours of continuing~~	3734
~~education classes, courses, or workshops in the area of school~~	3735
~~accounting as approved by the sponsor of the school~~. Any person	3736
serving as a fiscal officer of a community school on the effective	3737
date of this amendment who is not licensed as a treasurer shall be	3738
permitted to serve as a fiscal officer for not more than one year	3739
following the effective date of this amendment. Beginning on that	3740
date and thereafter, no community school shall permit any	3741
individual to serve as a fiscal officer without a license as	3742
required by this section.	3743

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	3744
the superintendent of public instruction shall appoint	3745
representatives of the department of education, including	3746
employees who work with the education management information	3747
system, to a committee to develop report card models for community	3748
schools. The committee shall design model report cards appropriate	3749
for the various types of community schools approved to operate in	3750
the state. Sufficient models shall be developed to reflect the	3751
variety of grade levels served and the missions of the state's	3752
community schools. All models shall include both financial and	3753
academic data. The initial models shall be developed by March 31,	3754
2000.	3755

(B) ~~The~~Except as provided in section 3314.017 of the Revised	3756
Code, the department of education shall issue an annual report	3757
card for each community school, regardless of how long the school	3758
has been in operation. The report card shall report the academic	3759
and financial performance of the school utilizing one of the	3760
models developed under division (A) of this section. The report	3761
card shall include all information applicable to school buildings	3762
under ~~division~~divisions (A), (B), (C), and (D) of section 3302.03	3763
of the Revised Code. The ratings a community school receives under	3764
section 3302.03 of the Revised Code for its first two full school	3765
years shall not be considered toward automatic closure of the	3766
school under section 3314.35 of the Revised Code or any other	3767
matter that is based on report card ratings.	3768

(C) Upon receipt of a copy of a contract between a sponsor	3769
and a community school entered into under this chapter, the	3770
department of education shall notify the community school of the	3771
specific model report card that will be used for that school.	3772

(D) Report cards shall be distributed to the parents of all	3773
students in the community school, to the members of the board of	3774
education of the school district in which the community school is	3775
located, and to any person who requests one from the department.	3776

Sec. 3314.013. (A) Until ~~January 1, 2013~~the sixty-first day	3777
after the effective date of this amendment, no internet- or	3778
computer-based community school shall operate unless the school	3779
was open for instruction as of May 1, 2005. No entity described in	3780
division (C)(1) of section 3314.02 of the Revised Code shall enter	3781
into a contract to sponsor an internet- or computer-based	3782
community school, including a conversion school, between May 1,	3783
2005, and ~~January 1, 2013~~the sixty-first day after the effective	3784
date of this amendment, except as follows:	3785

(1) The entity may renew a contract that the entity entered	3786
into with an internet- or computer-based community school prior to	3787
May 1, 2005, if the school was open for operation as of that date.	3788

(2) The entity may assume sponsorship of an existing	3789
internet- or computer-based community school that was formerly	3790
sponsored by another entity and may enter into a contract with	3791
that community school in accordance with section 3314.03 of the	3792
Revised Code.	3793

If a sponsor entered into a contract with an internet- or	3794
computer-based community school, including a conversion school,	3795
but the school was not open for operation as of May 1, 2005, the	3796
contract shall be void and the entity shall not enter into another	3797
contract with the school until ~~January 1, 2013~~the sixty-first day	3798
after the effective date of this amendment.	3799

(B)(1) Beginning ~~January~~on the later of July 1, 2013, or the	3800
sixty-first day after the effective date of this amendment, up to	3801
five new internet- or computer-based community schools may open	3802
each year~~. If the governing authorities of more than five new~~	3803
~~schools notify the department of education under division (D) of~~	3804
~~section 3314.02 of the Revised Code, by a deadline established by~~	3805
~~the department, that they have signed a contract with a sponsor to~~	3806
~~open in the following school year, the department shall hold a~~	3807
~~lottery within thirty days after the deadline to choose the five~~	3808
~~schools that may open in that school year. The contract signed by~~	3809
~~the governing authority of any school not selected in the lottery~~	3810
~~shall be void, but the school may enter into a contract with a~~	3811
~~sponsor to open in a subsequent school year, subject to this~~	3812
~~division~~, subject to approval of the superintendent of public	3813
instruction under division (B)(2) of this section.	3814

(2) The superintendent of public instruction shall approve	3815
applications for new internet- or computer-based community schools	3816
from only those applicants demonstrating experience and quality.	3817

The state board of education shall adopt rules prescribing	3818
measures to determine experience and quality of applicants in	3819
accordance with Chapter 119. of the Revised Code. The measures	3820
shall include, but not be limited to, the following	3821
considerations:	3822

(a) The sponsor's experience with online schools;

3823

(b) The operator's experience with online schools;

3824

(c) The sponsor's and operator's previous record for student	3825
performance;	3826

(d) A preference for operators with previous experience in	3827
Ohio.	3828

The state board shall adopt the rules so that they are	3829
effective not later than the sixty-first day after the effective	3830
date of this amendment.	3831

(3) The department of education shall notify any new	3832
internet- or computer-based community school governed by division	3833
(B) of this section of whether the superintendent has approved or	3834
disapproved the school's application to open for the 2013-2014	3835
school year not later than July 1, 2013, or the sixty-first day	3836
after the effective date of this amendment, if such date occurs	3837
after July 1, 2013. Notwithstanding the dates prescribed for	3838
adoption and signing on sponsor contracts in division (D) of	3839
section 3314.02 of the Revised Code, or the date for opening a	3840
school for instruction required by division (A)(25) of section	3841
3314.03 of the Revised Code, a new internet- or computer-based	3842
community school approved for opening for the 2013-2014 school	3843
year under division (B) of this section may open and operate in	3844
that school year regardless of whether it has complied with those	3845
contract and opening dates. For each school year thereafter, the	3846
school shall comply with all applicable provisions of this	3847
chapter.	3848

(C) Nothing in divisions (A) or (B) of this section prohibits	3849
an internet- or computer-based community school from increasing	3850
the number of grade levels it offers.	3851

(D) Not later than July 1, 2012, the director of the	3852
governor's office of 21st century education and the superintendent	3853
of public instruction shall develop standards for the operation of	3854
internet- or computer-based community schools. The director shall	3855
submit those standards to the speaker of the house of	3856
representatives and the president of the senate for consideration	3857
of enactment by the general assembly.	3858

Sec. 3314.015. (A) The department of education shall be	3859
responsible for the oversight of any and all sponsors of the	3860
community schools established under this chapter and shall provide	3861
technical assistance to schools and sponsors in their compliance	3862
with applicable laws and the terms of the contracts entered into	3863
under section 3314.03 of the Revised Code and in the development	3864
and start-up activities of those schools. In carrying out its	3865
duties under this section, the department shall do all of the	3866
following:	3867

(1) In providing technical assistance to proposing parties,	3868
governing authorities, and sponsors, conduct training sessions and	3869
distribute informational materials;	3870

(2) Approve entities to be sponsors of community schools;

3871

(3) Monitor and evaluate, as required under section 3314.016	3872
of the Revised Code, the effectiveness of any and all sponsors in	3873
their oversight of the schools with which they have contracted;	3874

(4) By December thirty-first of each year, issue a report to	3875
the governor, the speaker of the house of representatives, the	3876
president of the senate, and the chairpersons of the house and	3877
senate committees principally responsible for education matters	3878
regarding the effectiveness of academic programs, operations, and	3879
legal compliance and of the financial condition of all community	3880
schools established under this chapter and on the performance of	3881
community school sponsors;	3882

(5) From time to time, make legislative recommendations to	3883
the general assembly designed to enhance the operation and	3884
performance of community schools.	3885

(B)(1) Except as provided in sections 3314.021 and 3314.027	3886
of the Revised Code, no entity listed in division (C)(1) of	3887
section 3314.02 of the Revised Code shall enter into a preliminary	3888
agreement under division (C)(2) of section 3314.02 of the Revised	3889
Code until it has received approval from the department of	3890
education to sponsor community schools under this chapter and has	3891
entered into a written agreement with the department regarding the	3892
manner in which the entity will conduct such sponsorship. The	3893
department shall adopt in accordance with Chapter 119. of the	3894
Revised Code rules containing criteria, procedures, and deadlines	3895
for processing applications for such approval, for oversight of	3896
sponsors, for revocation of the approval of sponsors, and for	3897
entering into written agreements with sponsors. The rules shall	3898
require an entity to submit evidence of the entity's ability and	3899
willingness to comply with the provisions of division (D) of	3900
section 3314.03 of the Revised Code. The rules also shall require	3901
entities approved as sponsors on and after June 30, 2005, to	3902
demonstrate a record of financial responsibility and successful	3903
implementation of educational programs. If an entity seeking	3904
approval on or after June 30, 2005, to sponsor community schools	3905
in this state sponsors or operates schools in another state, at	3906
least one of the schools sponsored or operated by the entity must	3907
be comparable to or better than the performance of Ohio schools in	3908
need of continuous improvement under section 3302.03 of the	3909
Revised Code, as determined by the department.	3910

Subject to section 3314.016 of the Revised Code, an entity	3911
that sponsors community schools may enter into preliminary	3912
agreements and sponsor up to one hundred schools, provided each	3913
school and the contract for sponsorship meets the requirements of	3914
this chapter.	3915

(2) The ~~department~~state board of education shall determine,	3916
pursuant to criteria ~~adopted by rule of the department~~specified	3917
in rules adopted in accordance with Chapter 119. of the Revised	3918
Code, whether the mission proposed to be specified in the contract	3919
of a community school to be sponsored by a state university board	3920
of trustees or the board's designee under division (C)(1)(e) of	3921
section 3314.02 of the Revised Code complies with the requirements	3922
of that division. Such determination of the ~~department~~state	3923
board is final.	3924

(3) The ~~department~~state board of education shall determine,	3925
pursuant to criteria ~~adopted by rule of the department~~specified	3926
in rules adopted in accordance with Chapter 119. of the Revised	3927
Code, if any tax-exempt entity under section 501(c)(3) of the	3928
Internal Revenue Code that is proposed to be a sponsor of a	3929
community school is an education-oriented entity for purpose of	3930
satisfying the condition prescribed in division (C)(1)(f)(iii) of	3931
section 3314.02 of the Revised Code. Such determination of the	3932
~~department~~state board is final.	3933

(C) If at any time the state board of education finds that a	3934
sponsor is not in compliance or is no longer willing to comply	3935
with its contract with any community school or with the	3936
department's rules for sponsorship, the state board or designee	3937
shall conduct a hearing in accordance with Chapter 119. of the	3938
Revised Code on that matter. If after the hearing, the state board	3939
or designee has confirmed the original finding, the department of	3940
education may revoke the sponsor's approval to sponsor community	3941
schools. In that case, the department's office of Ohio school	3942
sponsorship, established under section 3314.029 of the Revised	3943
Code, may assume the sponsorship of any schools with which the	3944
sponsor has contracted until the earlier of the expiration of two	3945
school years or until a new sponsor as described in division	3946
(C)(1) of section 3314.02 of the Revised Code is secured by the	3947
school's governing authority. The office of Ohio school	3948
sponsorship may extend the term of the contract in the case of a	3949
school for which it has assumed sponsorship under this division as	3950
necessary to accommodate the term of the department's	3951
authorization to sponsor the school specified in this division.	3952
Community schools sponsored under this division shall not apply to	3953
the limit on directly authorized community schools under division	3954
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3955
in this division shall preclude a community school affected by	3956
this division from applying for sponsorship under that section.	3957

(D) The decision of the department to disapprove an entity	3958
for sponsorship of a community school or to revoke approval for	3959
such sponsorship under division (C) of this section, may be	3960
appealed by the entity in accordance with section 119.12 of the	3961
Revised Code.	3962

(E) The department shall adopt procedures for use by a	3963
community school governing authority and sponsor when the school	3964
permanently closes and ceases operation, which shall include at	3965
least procedures for data reporting to the department, handling of	3966
student records, distribution of assets in accordance with section	3967
3314.074 of the Revised Code, and other matters related to ceasing	3968
operation of the school.	3969

(F) In carrying out its duties under this chapter, the	3970
department shall not impose requirements on community schools or	3971
their sponsors that are not permitted by law or duly adopted	3972
rules.	3973

Sec. 3314.016. This section applies to any entity that	3974
sponsors a community school, regardless of whether section	3975
3314.021 or 3314.027 of the Revised Code exempts the entity from	3976
the requirement to be approved for sponsorship under divisions	3977
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3978
office of Ohio school sponsorship established under section	3979
3314.029 of the Revised Code shall be ~~ranked~~rated under division	3980
(B) of this section, but divisions (A) and (C) of this section do	3981
not apply to the office.	3982

(A) An entity that sponsors a community school shall be	3983
permitted to enter into contracts under section 3314.03 of the	3984
Revised Code to sponsor additional community schools only if the	3985
entity meets both of the following criteria:	3986

(1) The entity is in compliance with all provisions of this	3987
chapter requiring sponsors of community schools to report data or	3988
information to the department of education.	3989

(2) The entity is not ~~ranked in the lowest twenty per cent of~~	3990
~~community school sponsors on the ranking prescribed by~~rated as	3991
"ineffective" under division (B)(6) of this section.	3992

(B)(1) For purposes of this section, the department shall	3993
develop ~~a composite performance index score, as defined in section~~	3994
~~3302.01 of the Revised Code, that measures the academic~~and	3995
implement an evaluation system that rates each entity that	3996
sponsors a community school based on the following components:	3997

(a) Academic performance of students enrolled in community	3998
schools sponsored by the same entity;	3999

(b) Adherence by a sponsor to the quality practices	4000
prescribed by the department under division (B)(3) of this	4001
section. The department shall not include this measure in the	4002
sponsor evaluation rating system until the department prescribes	4003
quality practices and develops an instrument to measure adherence	4004
to those practices under division (B)(3) of this section.	4005

(c) Compliance with applicable laws and administrative rules	4006
by an entity that sponsors a community school.	4007

(2) In calculating an ~~entity's composite~~academic performance	4008
~~index score~~component, the department shall exclude all of the	4009
following:	4010

(a) All community schools that have been in operation for	4011
~~less~~not more than two full school years;	4012

(b) All community schools described in division (A)~~(3)~~(4)(b)	4013
of section 3314.35 of the Revised Code~~, but the department shall~~	4014
~~cease to exclude the schools described in division (A)(3)(a) of~~	4015
~~that section if those schools become subject to closure under~~	4016
~~division (D) of that section~~.	4017

(3) The department, in consultation with entities that	4018
sponsor community schools, shall prescribe quality practices for	4019
community school sponsors and develop an instrument to measure	4020
adherence to those quality practices. The quality practices shall	4021
be based on standards developed by the national association of	4022
charter school authorizers or any other nationally organized	4023
community school organization.	4024

(4)(a) The department may permit peer review of a sponsor's	4025
adherence to the quality practices prescribed under division	4026
(B)(3) of this section.	4027

(b) The department shall require individuals participating in	4028
peer review under division (B)(4)(a) of this section to complete	4029
training approved or established by the department.	4030

(c) The department may enter into an agreement with another	4031
entity to provide training to individuals conducting peer review	4032
of sponsors. Prior to entering into an agreement with an entity,	4033
the department shall review and approve of the entity's training	4034
program.	4035

(5) Not later than July 1, 2013, the state board of education	4036
shall adopt rules in accordance with Chapter 119. of the Revised	4037
Code prescribing standards for measuring compliance with	4038
applicable laws and rules under division (B)(1)(c) of this	4039
section.	4040

(6) The department annually shall ~~rank~~rate all entities that	4041
sponsor community schools ~~from highest to lowest according to the~~	4042
~~entities' composite performance index scores and~~as either	4043
"exemplary," "effective," or "ineffective," based on the	4044
components prescribed by division (B) of this section, where each	4045
component is weighted equally, except that entities sponsoring	4046
community schools for the first time may be assigned the rating of	4047
"emerging" for only the first two consecutive years.	4048

The department shall publish the ~~rankings~~ratings between	4049
the first day of October and the fifteenth day of October.	4050

(7)(a) Prior to the 2014-2015 school year, student academic	4051
performance prescribed under division (B)(1)(a) of this section	4052
shall not include student academic performance data from community	4053
schools that primarily serve students enrolled in a dropout	4054
prevention and recovery program as described in division (A)(4)(a)	4055
of section 3314.35 of the Revised Code.	4056

(b) For the 2014-2015 school year and each school year	4057
thereafter, student academic performance prescribed under division	4058
(B)(1)(a) of this section shall include student academic	4059
performance data from community schools that primarily serve	4060
students enrolled in a dropout prevention and recovery program.	4061

(C) If the governing authority of a community school enters	4062
into a contract with a sponsor prior to the date on which the	4063
sponsor is prohibited from sponsoring additional schools under	4064
division (A) of this section and the school has not opened for	4065
operation as of that date, that contract shall be void and the	4066
school shall not open until the governing authority secures a new	4067
sponsor by entering into a contract with the new sponsor under	4068
section 3314.03 of the Revised Code. However, the department's	4069
office of Ohio school sponsorship, established under section	4070
3314.029 of the Revised Code, may assume the sponsorship of the	4071
school until the earlier of the expiration of two school years or	4072
until a new sponsor is secured by the school's governing	4073
authority. A community school sponsored by the department under	4074
this division shall not be included when calculating the maximum	4075
number of directly authorized community schools permitted under	4076
division (A)(3) of section 3314.029 of the Revised Code.	4077

Sec. 3314.017. (A) The state board of education shall	4078
prescribe by rules, adopted in accordance with Chapter 119. of the	4079
Revised Code, an academic performance rating and report card	4080
system that satisfies the requirements of this section for	4081
community schools that primarily serve students enrolled in	4082
dropout prevention and recovery programs as described in division	4083
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	4084
lieu of the system prescribed under sections 3302.03 and 3314.012	4085
of the Revised Code beginning with the 2012-2013 school year. Each	4086
such school shall comply with the testing and reporting	4087
requirements of the system as prescribed by the state board.	4088

(B) Nothing in this section shall at any time relieve a	4089
school from its obligations under the "No Child Left Behind Act of	4090
2001" to make "adequate yearly progress," as both that act and	4091
that term are defined in section 3302.01 of the Revised Code, or a	4092
school's amenability to the provisions of section 3302.04 or	4093
3302.041 of the Revised Code. The department shall continue to	4094
report each school's performance as required by the act and to	4095
enforce applicable sanctions under section 3302.04 or 3302.041 of	4096
the Revised Code.	4097

(C) The rules adopted by the state board shall prescribe the	4098
following performance indicators for the rating and report card	4099
system required by this section:	4100

(1) Graduation rate for each of the following student	4101
cohorts:	4102

(a) The number of students who graduate in four years or less	4103
with a regular high school diploma divided by the number of	4104
students who form the adjusted cohort for the graduating class;	4105

(b) The number of students who graduate in five years with a	4106
regular high school diploma divided by the number of students who	4107
form the adjusted cohort for the four-year graduation rate;	4108

(c) The number of students who graduate in six years with a	4109
regular high school diploma divided by the number of students who	4110
form the adjusted cohort for the four-year graduation rate;	4111

(d) The number of students who graduate in seven years with a	4112
regular high school diploma divided by the number of students who	4113
form the adjusted cohort for the four-year graduation rate;	4114

(e) The number of students who graduate in eight years with a	4115
regular high school diploma divided by the number of students who	4116
form the adjusted cohort for the four-year graduation rate.	4117

(2) The percentage of twelfth-grade students currently	4118
enrolled in the school who have attained the designated passing	4119
score on all of the applicable state high school achievement	4120
assessments required under division (B)(1) or (2) of section	4121
3301.0710 of the Revised Code and other students enrolled in the	4122
school, regardless of grade level, who are within three months of	4123
their twenty-second birthday and have attained the designated	4124
passing score on all of the applicable state high school	4125
achievement assessments by their twenty-second birthday;	4126

(3) Annual measurable objectives as defined in section	4127
3302.01 of the Revised Code;	4128

(4) Growth in student achievement in reading, or mathematics,	4129
or both as measured by separate nationally norm-referenced	4130
assessments that have developed appropriate standards for students	4131
enrolled in dropout prevention and recovery programs, adopted or	4132
approved by the state board.	4133

(D)(1) The state board's rules shall prescribe the expected	4134
performance levels and benchmarks for each of the indicators	4135
prescribed by division (C) of this section based on the data	4136
gathered by the department under division (F) of this section.	4137
Based on a school's level of attainment or nonattainment of the	4138
expected performance levels and benchmarks for each of the	4139
indicators, the department shall rate each school in one of the	4140
following categories:	4141

(a) Exceeds standards;

4142

(b) Meets standards;

4143

4144

(2) The state board's rules shall establish all of the	4145
following:	4146

(a) Not later than June 30, 2013, performance levels and	4147
benchmarks for the indicators described in divisions (C)(1) to (3)	4148
of this section;	4149

(b) Not later than December 31, 2014, both of the following:

4150

(i) Performance levels and benchmarks for the indicator	4151
described in division (C)(4) of this section;	4152

(ii) Standards for awarding a community school described in	4153
division (A)(4)(a) of section 3314.35 of the Revised Code an	4154
overall designation, which shall be calculated as follows:	4155

(I) Thirty per cent of the score shall be based on the	4156
indicators described in division (C)(1) of this section that are	4157
applicable to the school year for which the overall designation is	4158
granted.	4159

(II) Thirty per cent of the score shall be based on the	4160
indicators described in division (C)(4) of this section.	4161

(III) Twenty per cent of the score shall be based on the	4162
indicators described in division (C)(2) of this section.	4163

(IV) Twenty per cent of the score shall be based on the	4164
indicators described in division (C)(3) of this section.	4165

(3) If both of the indicators described in divisions (C)(1)	4166
and (2) of this section improve by ten per cent for two	4167
consecutive years, a school shall be rated as "meets standards."	4168

The rating and the relevant performance data for each school	4169
shall be posted on the department's web site, and a copy of the	4170
rating and data shall be provided to the governing authority of	4171
the community school.	4172

(E)(1) For the 2012-2013 school year, the department shall	4173
issue a report card including the following performance measures,	4174
but without a performance rating as described in divisions	4175
(D)(1)(a) to (c) of this section, for each community school	4176
described in division (A)(4)(a) of section 3314.35 of the Revised	4177
Code:	4178

(a) The graduation rates as described in divisions (C)(1)(a)	4179
to (c) of this section;	4180

(b) The percentage of twelfth-grade students and other	4181
students who have attained a designated passing score on high	4182
school achievement assessments as described in division (C)(2) of	4183
this section;	4184

(c) The statewide average for the graduation rates and	4185
assessment passage rates described in divisions (C)(1)(a) to (c)	4186
and (C)(2) of this section;	4187

(d) Annual measurable objectives described in division (C)(3)	4188
of this section.	4189

(2) For the 2013-2014 school year, the department shall issue	4190
a report card including the following performance measures for	4191
each community school described in division (A)(4) of section	4192
3314.35 of the Revised Code:	4193

(a) The graduation rates described in divisions (C)(1)(a) to	4194
(d) of this section, including a performance rating as described	4195
in divisions (D)(1)(a) to (c) of this section;	4196

(b) The percentage of twelfth-grade students and other	4197
students who have attained a designated passing score on high	4198
school achievement assessments as described in division (C)(2) of	4199
this section, including a performance rating as described in	4200
divisions (D)(1)(a) to (c) of this section;	4201

(c) Annual measurable objectives described in division (C)(3)	4202
of this section, including a performance rating as described in	4203
divisions (D)(1)(a) to (c) of this section;	4204

(d) Both of the following without an assigned rating:

4205

(i) Growth in annual student achievement in reading and	4206
mathematics described in division (C)(4) of this section, if	4207
available;	4208

(ii) Student outcome data, including postsecondary credit	4209
earned, nationally recognized career or technical certification,	4210
military enlistment, job placement, and attendance rate.	4211

(3) Beginning with the 2014-2015 school year, and annually	4212
thereafter, the department shall issue a report card for each	4213
community school described in division (A)(4)(a) of section	4214
3314.35 of the Revised Code that includes all of the following	4215
performance measures, including a performance rating for each	4216
measure as described in divisions (D)(1)(a) to (c) of this	4217
section:	4218

(a) The graduation rates as described in division (C)(1) of	4219
this section;	4220

(b) The percentage of twelfth-grade students and other	4221
students who have attained a designated passing score on high	4222
school achievement assessments as described in division (C)(2) of	4223
this section;	4224

(c) Annual measurable objectives described in division (C)(3)	4225
of this section, including a performance rating as described in	4226
divisions (D)(1)(a) to (c) of this section;	4227

(d) Growth in annual student achievement in reading and	4228
mathematics as described in division (C)(4) of this section;	4229

(e) An overall performance designation for the school	4230
calculated under rules adopted under division (D)(2) of this	4231
section.	4232

The department shall also include student outcome data,	4233
including postsecondary credit earned, nationally recognized	4234
career or technical certification, military enlistment, job	4235
placement, attendance rate, and progress on closing achievement	4236
gaps for each school. This information shall not be included in	4237
the calculation of a school's performance rating.	4238

(F) In developing the rating and report card system required	4239
by this section, during the 2012-2013 and 2013-2014 school years,	4240
the department shall gather and analyze data as determined	4241
necessary from each community school described in division	4242
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	4243
shall cooperate with the department by supplying requested data	4244
and administering required assessments, including sample	4245
assessments for purposes of measuring student achievement growth	4246
as described in division (C)(4) of this section. The department	4247
shall consult with stakeholder groups in performing its duties	4248
under this division.	4249

The department shall also identify one or more states that	4250
have established or are in the process of establishing similar	4251
academic performance rating systems for dropout prevention and	4252
recovery programs and consult with the departments of education of	4253
those states in developing the system required by this section.	4254

Sec. 3314.02. (A) As used in this chapter:

4255

(1) "Sponsor" means the board of education of a school	4256
district or the governing board of an educational service center	4257
that agrees to the conversion of all or part of a school or	4258
building under division (B) of this section, or an entity listed	4259
in division (C)(1) of this section, which either has been approved	4260
by the department of education to sponsor community schools or is	4261
exempted by section 3314.021 or 3314.027 of the Revised Code from	4262
obtaining approval, and with which the governing authority of a	4263
community school enters into a contract under section 3314.03 of	4264
the Revised Code.	4265

(2) "Pilot project area" means the school districts included	4266
in the territory of the former community school pilot project	4267
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	4268
the 122nd general assembly.	4269

(3) "Challenged school district" means any of the following:

4270

(a) A school district that is part of the pilot project area;

4271

(b) A school district that ~~is either~~meets one of the	4272
following conditions:	4273

(i) On the effective date of this amendment, the district was	4274
in a state of academic emergency or in a state of academic watch	4275
under section 3302.03 of the Revised Code, as that section existed	4276
prior to the effective date of this amendment;	4277

(ii) For two of the 2012-2013, 2013-2014, and 2014-2015	4278
school years, the district received a grade of "D" or "F" for the	4279
performance index score and a grade of "F" for the value-added	4280
progress dimension under section 3302.03 of the Revised Code;	4281

(iii) For the 2015-2016 school year and for any school year	4282
thereafter, the district has received an overall grade of "D" or	4283
"F" under division (C)(3) of section 3302.03 of the Revised Code,	4284
or, for at least two of the three most recent school years, the	4285
district received a grade of "F" for the value-added progress	4286
dimension under division (C)(1)(e) of that section.	4287

4288

(d) A school district ranked in the lowest five per cent of	4289
school districts according to performance index score under	4290
section 3302.21 of the Revised Code.	4291

(4) "Big eight school district" means a school district that	4292
for fiscal year 1997 had both of the following:	4293

(a) A percentage of children residing in the district and	4294
participating in the predecessor of Ohio works first greater than	4295
thirty per cent, as reported pursuant to section 3317.10 of the	4296
Revised Code;	4297

(b) An average daily membership greater than twelve thousand,	4298
as reported pursuant to former division (A) of section 3317.03 of	4299
the Revised Code.	4300

(5) "New start-up school" means a community school other than	4301
one created by converting all or part of an existing public school	4302
or educational service center building, as designated in the	4303
school's contract pursuant to division (A)(17) of section 3314.03	4304
of the Revised Code.	4305

(6) "Urban school district" means one of the state's	4306
twenty-one urban school districts as defined in division (O) of	4307
section 3317.02 of the Revised Code as that section existed prior	4308
to July 1, 1998.	4309

(7) "Internet- or computer-based community school" means a	4310
community school established under this chapter in which the	4311
enrolled students work primarily from their residences on	4312
assignments in nonclassroom-based learning opportunities provided	4313
via an internet- or other computer-based instructional method that	4314
does not rely on regular classroom instruction or via	4315
comprehensive instructional methods that include internet-based,	4316
other computer-based, and noncomputer-based learning	4317
opportunities.	4318

(8) "Operator" means either of the following:

4319

(a) An individual or organization that manages the daily	4320
operations of a community school pursuant to a contract between	4321
the operator and the school's governing authority;	4322

(b) A nonprofit organization that provides programmatic	4323
oversight and support to a community school under a contract with	4324
the school's governing authority and that retains the right to	4325
terminate its affiliation with the school if the school fails to	4326
meet the organization's quality standards.	4327

(B) Any person or group of individuals may initially propose	4328
under this division the conversion of all or a portion of a public	4329
school or a building operated by an educational service center to	4330
a community school. The proposal shall be made to the board of	4331
education of the city, local, exempted village, or joint	4332
vocational school district in which the public school is proposed	4333
to be converted or, in the case of the conversion of a building	4334
operated by an educational service center, to the governing board	4335
of the service center. Upon receipt of a proposal, a board may	4336
enter into a preliminary agreement with the person or group	4337
proposing the conversion of the public school or service center	4338
building, indicating the intention of the board to support the	4339
conversion to a community school. A proposing person or group that	4340
has a preliminary agreement under this division may proceed to	4341
finalize plans for the school, establish a governing authority for	4342
the school, and negotiate a contract with the board. Provided the	4343
proposing person or group adheres to the preliminary agreement and	4344
all provisions of this chapter, the board shall negotiate in good	4345
faith to enter into a contract in accordance with section 3314.03	4346
of the Revised Code and division (C) of this section.	4347

(C)(1) Any person or group of individuals may propose under	4348
this division the establishment of a new start-up school to be	4349
located in a challenged school district. The proposal may be made	4350
to any of the following entities:	4351

(a) The board of education of the district in which the	4352
school is proposed to be located;	4353

(b) The board of education of any joint vocational school	4354
district with territory in the county in which is located the	4355
majority of the territory of the district in which the school is	4356
proposed to be located;	4357

(c) The board of education of any other city, local, or	4358
exempted village school district having territory in the same	4359
county where the district in which the school is proposed to be	4360
located has the major portion of its territory;	4361

(d) The governing board of any educational service center, as	4362
long as the proposed school will be located in a county within the	4363
territory of the service center or in a county contiguous to such	4364
county;. However, the governing board of an educational service	4365
center may sponsor a new start-up school in any challenged school	4366
district in the state if all of the following are satisfied:	4367

(i) If applicable, it satisfies the requirements of division	4368
(E) of section 3311.86 of the Revised Code;	4369

(ii) It is approved to do so by the department;

4370

(iii) It enters into an agreement with the department under	4371
section 3314.015 of the Revised Code.	4372

(e) A sponsoring authority designated by the board of	4373
trustees of any of the thirteen state universities listed in	4374
section 3345.011 of the Revised Code or the board of trustees	4375
itself as long as a mission of the proposed school to be specified	4376
in the contract under division (A)(2) of section 3314.03 of the	4377
Revised Code and as approved by the department ~~of education~~ under	4378
division (B)(2) of section 3314.015 of the Revised Code will be	4379
the practical demonstration of teaching methods, educational	4380
technology, or other teaching practices that are included in the	4381
curriculum of the university's teacher preparation program	4382
approved by the state board of education;	4383

(f) Any qualified tax-exempt entity under section 501(c)(3)	4384
of the Internal Revenue Code as long as all of the following	4385
conditions are satisfied:	4386

(i) The entity has been in operation for at least five years	4387
prior to applying to be a community school sponsor.	4388

(ii) The entity has assets of at least five hundred thousand	4389
dollars and a demonstrated record of financial responsibility.	4390

(iii) The department ~~of education~~ has determined that the	4391
entity is an education-oriented entity under division (B)(3) of	4392
section 3314.015 of the Revised Code and the entity has a	4393
demonstrated record of successful implementation of educational	4394
programs.	4395

(iv) The entity is not a community school.

4396

Any entity described in division (C)(1) of this section may	4397
enter into a preliminary agreement pursuant to division (C)(2) of	4398
this section with the proposing person or group.	4399

(2) A preliminary agreement indicates the intention of an	4400
entity described in division (C)(1) of this section to sponsor the	4401
community school. A proposing person or group that has such a	4402
preliminary agreement may proceed to finalize plans for the	4403
school, establish a governing authority as described in division	4404
(E) of this section for the school, and negotiate a contract with	4405
the entity. Provided the proposing person or group adheres to the	4406
preliminary agreement and all provisions of this chapter, the	4407
entity shall negotiate in good faith to enter into a contract in	4408
accordance with section 3314.03 of the Revised Code.	4409

(3) A new start-up school that is established in a school	4410
district ~~while that district is either in a state of academic~~	4411
~~emergency or in a state of academic watch under section 3302.03 of~~	4412
~~the Revised Code or ranked in the lowest five per cent according~~	4413
~~to performance index score under section 3302.21 of the Revised~~	4414
~~Code~~described in either division (A)(3)(b) or (d) of this section	4415
may continue in existence once the school district is no longer in	4416
~~a state of academic emergency or academic watch or ranked in the~~	4417
~~lowest five per cent according to performance index score~~meets	4418
the conditions described in either division, provided there is a	4419
valid contract between the school and a sponsor.	4420

(4) A copy of every preliminary agreement entered into under	4421
this division shall be filed with the superintendent of public	4422
instruction.	4423

(D) A majority vote of the board of a sponsoring entity and a	4424
majority vote of the members of the governing authority of a	4425
community school shall be required to adopt a contract and convert	4426
the public school or educational service center building to a	4427
community school or establish the new start-up school. Beginning	4428
September 29, 2005, adoption of the contract shall occur not later	4429
than the fifteenth day of March, and signing of the contract shall	4430
occur not later than the fifteenth day of May, prior to the school	4431
year in which the school will open. The governing authority shall	4432
notify the department of education when the contract has been	4433
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4434
Code, an unlimited number of community schools may be established	4435
in any school district provided that a contract is entered into	4436
for each community school pursuant to this chapter.	4437

(E)(1) As used in this division, "immediate relatives" are	4438
limited to spouses, children, parents, grandparents, siblings, and	4439
in-laws.	4440

Each new start-up community school established under this	4441
chapter shall be under the direction of a governing authority	4442
which shall consist of a board of not less than five individuals.	4443

No person shall serve on the governing authority or operate	4444
the community school under contract with the governing authority	4445
so long as the person owes the state any money or is in a dispute	4446
over whether the person owes the state any money concerning the	4447
operation of a community school that has closed.	4448

(2) No person shall serve on the governing authorities of	4449
more than five start-up community schools at the same time.	4450

(3) No present or former member, or immediate relative of a	4451
present or former member, of the governing authority of any	4452
community school established under this chapter shall be an owner,	4453
employee, or consultant of any sponsor or operator of a community	4454
school, unless at least one year has elapsed since the conclusion	4455
of the person's membership.	4456

(4) The governing authority of a start-up community school	4457
may provide by resolution for the compensation of its members.	4458
However, no individual who serves on the governing authority of a	4459
start-up community school shall be compensated more than four	4460
hundred twenty-five dollars per meeting of that governing	4461
authority and no such individual shall be compensated more than a	4462
total amount of five thousand dollars per year for all governing	4463
authorities upon which the individual serves.	4464

(F)(1) A new start-up school that is established prior to	4465
August 15, 2003, in an urban school district that is not also a	4466
big-eight school district may continue to operate after that date	4467
and the contract between the school's governing authority and the	4468
school's sponsor may be renewed, as provided under this chapter,	4469
after that date, but no additional new start-up schools may be	4470
established in such a district unless the district is a challenged	4471
school district as defined in this section as it exists on and	4472
after that date.	4473

(2) A community school that was established prior to June 29,	4474
1999, and is located in a county contiguous to the pilot project	4475
area and in a school district that is not a challenged school	4476
district may continue to operate after that date, provided the	4477
school complies with all provisions of this chapter. The contract	4478
between the school's governing authority and the school's sponsor	4479
may be renewed, but no additional start-up community school may be	4480
established in that district unless the district is a challenged	4481
school district.	4482

(3) Any educational service center that, on June 30, 2007,	4483
sponsors a community school that is not located in a county within	4484
the territory of the service center or in a county contiguous to	4485
such county may continue to sponsor that community school on and	4486
after June 30, 2007, and may renew its contract with the school.	4487
However, the educational service center shall not enter into a	4488
contract with any additional community school, unless the school	4489
is located in a county within the territory of the service center	4490
or in a county contiguous to such county, or unless the governing	4491
board of the service center has entered into an agreement with the	4492
department authorizing the service center to sponsor a community	4493
school in any challenged school district in the state.	4494

Sec. 3314.05. (A) The contract between the community school	4495
and the sponsor shall specify the facilities to be used for the	4496
community school and the method of acquisition. Except as provided	4497
in divisions (B)(3) and (4) of this section, no community school	4498
shall be established in more than one school district under the	4499
same contract.	4500

(B) Division (B) of this section shall not apply to internet-	4501
or computer-based community schools.	4502

(1) A community school may be located in multiple facilities	4503
under the same contract only if the limitations on availability of	4504
space prohibit serving all the grade levels specified in the	4505
contract in a single facility or division (B)(2), (3), or (4) of	4506
this section applies to the school. The school shall not offer the	4507
same grade level classrooms in more than one facility.	4508

(2) A community school may be located in multiple facilities	4509
under the same contract and, notwithstanding division (B)(1) of	4510
this section, may assign students in the same grade level to	4511
multiple facilities, as long as all of the following apply:	4512

(a) The governing authority of the community school filed a	4513
copy of its contract with the school's sponsor under section	4514
3314.03 of the Revised Code with the superintendent of public	4515
instruction on or before May 15, 2008.	4516

(b) The school was not open for operation prior to July 1,	4517
2008.	4518

(c) The governing authority has entered into and maintains a	4519
contract with an operator of the type described in division	4520
(A)(8)(b) of section 3314.02 of the Revised Code.	4521

(d) The contract with that operator qualified the school to	4522
be established pursuant to division (A) of former section 3314.016	4523
of the Revised Code.	4524

(e) The school's rating under section 3302.03 of the Revised	4525
Code does not fall below ~~"in need of continuous improvement"~~a	4526
combination of any of the following for two or more consecutive	4527
years:	4528

(i) A rating of "in need of continuous improvement" under	4529
section 3302.03 of the Revised Code, as that section existed prior	4530
to the effective date of this section;	4531

(ii) For the 2012-2013 and 2013-2014 school years, a rating	4532
of "C" for both the performance index score under division	4533
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	4534
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	4535
Code; or if the building serves only grades ten through twelve,	4536
the building received a grade of "C" for the performance index	4537
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	4538
the Revised Code;	4539

(iii) For the 2014-2015 school year and for any school year	4540
thereafter, an overall grade of "C" under division (C)(3) of	4541
section 3302.03 of the Revised Code or an overall performance	4542
designation of "meets standards" under division (E)(3)(e) of	4543
section 3314.017 of the Revised Code.	4544

(3) A new start-up community school may be established in two	4545
school districts under the same contract if all of the following	4546
apply:	4547

(a) At least one of the school districts in which the school	4548
is established is a challenged school district;	4549

(b) The school operates not more than one facility in each	4550
school district and, in accordance with division (B)(1) of this	4551
section, the school does not offer the same grade level classrooms	4552
in both facilities; and	4553

(c) Transportation between the two facilities does not	4554
require more than thirty minutes of direct travel time as measured	4555
by school bus.	4556

In the case of a community school to which division (B)(3) of	4557
this section applies, if only one of the school districts in which	4558
the school is established is a challenged school district, that	4559
district shall be considered the school's primary location and the	4560
district in which the school is located for the purposes of	4561
division (A)(19) of section 3314.03 and divisions (C) and (H) of	4562
section 3314.06 of the Revised Code and for all other purposes of	4563
this chapter. If both of the school districts in which the school	4564
is established are challenged school districts, the school's	4565
governing authority shall designate one of those districts to be	4566
considered the school's primary location and the district in which	4567
the school is located for the purposes of those divisions and all	4568
other purposes of this chapter and shall notify the department of	4569
education of that designation.	4570

(4) A community school may be located in multiple facilities	4571
under the same contract and, notwithstanding division (B)(1) of	4572
this section, may assign students in the same grade level to	4573
multiple facilities, as long as both of the following apply:	4574

(a) The facilities are all located in the same county.

4575

(b) ~~The governing authority has entered into and maintains a~~	4576
~~contract with an operator~~Either of the following conditions are	4577
satisfied:	4578

(i) The community school is sponsored by a board of education	4579
of a city, local, or exempted village school district having	4580
territory in the same county where the facilities of the community	4581
school are located;	4582

(ii) The community school is managed by an operator.

4583

In the case of a community school to which division (B)(4) of	4584
this section applies and that maintains facilities in more than	4585
one school district, the school's governing authority shall	4586
designate one of those districts to be considered the school's	4587
primary location and the district in which the school is located	4588
for the purposes of division (A)(19) of section 3314.03 and	4589
divisions (C) and (H) of section 3314.06 of the Revised Code and	4590
for all other purposes of this chapter and shall notify the	4591
department of that designation.	4592

(5) Any facility used for a community school shall meet all	4593
health and safety standards established by law for school	4594
buildings.	4595

(C) In the case where a community school is proposed to be	4596
located in a facility owned by a school district or educational	4597
service center, the facility may not be used for such community	4598
school unless the district or service center board owning the	4599
facility enters into an agreement for the community school to	4600
utilize the facility. Use of the facility may be under any terms	4601
and conditions agreed to by the district or service center board	4602
and the school.	4603

(D) Two or more separate community schools may be located in	4604
the same facility.	4605

(E) In the case of a community school that is located in	4606
multiple facilities, beginning July 1, 2012, the department shall	4607
assign a unique identification number to the school and to each	4608
facility maintained by the school. Each number shall be used for	4609
identification purposes only. Nothing in this division shall be	4610
construed to require the department to calculate the amount of	4611
funds paid under this chapter, or to compute any data required for	4612
the report cards issued under section 3314.012 of the Revised	4613
Code, for each facility separately. The department shall make all	4614
such calculations or computations for the school as a whole.	4615

Sec. 3314.35. (A)(1) Except as provided in division	4616
(A)~~(3)~~(4) of this section, this section applies to any community	4617
school that meets one of the following criteria after July 1,	4618
2009, but before July 1, 2011:	4619

(a) The school does not offer a grade level higher than three	4620
and has been declared to be in a state of academic emergency under	4621
section 3302.03 of the Revised Code for three of the four most	4622
recent school years.	4623

(b) The school satisfies all of the following conditions:

4624

(i) The school offers any of grade levels four to eight but	4625
does not offer a grade level higher than nine.	4626

(ii) The school has been declared to be in a state of	4627
academic emergency under section 3302.03 of the Revised Code for	4628
two of the three most recent school years.	4629

(iii) In at least two of the three most recent school years,	4630
the school showed less than one standard year of academic growth	4631
in either reading or mathematics, as determined by the department	4632
of education in accordance with rules adopted under division (A)	4633
of section 3302.021 of the Revised Code.	4634

(c) The school offers any of grade levels ten to twelve and	4635
has been declared to be in a state of academic emergency under	4636
section 3302.03 of the Revised Code for three of the four most	4637
recent school years.	4638

(2) Except as provided in division (A)~~(3)~~(4) of this section,	4639
this section applies to any community school that meets one of the	4640
following criteria after July 1, 2011, but before July 1, 2013:	4641

(a) The school does not offer a grade level higher than three	4642
and has been declared to be in a state of academic emergency under	4643
section 3302.03 of the Revised Code for two of the three most	4644
recent school years.	4645

(b) The school satisfies all of the following conditions:

4646

(i) The school offers any of grade levels four to eight but	4647
does not offer a grade level higher than nine.	4648

(ii) The school has been declared to be in a state of	4649
academic emergency under section 3302.03 of the Revised Code for	4650
two of the three most recent school years.	4651

(iii) In at least two of the three most recent school years,	4652
the school showed less than one standard year of academic growth	4653
in either reading or mathematics, as determined by the department	4654
in accordance with rules adopted under division (A) of section	4655
3302.021 of the Revised Code.	4656

(c) The school offers any of grade levels ten to twelve and	4657
has been declared to be in a state of academic emergency under	4658
section 3302.03 of the Revised Code for two of the three most	4659
recent school years.	4660

(3) Except as provided in division (A)(4) of this section,	4661
this section applies to any community school that meets one of the	4662
following criteria on or after July 1, 2013:	4663

(a) The school does not offer a grade level higher than three	4664
and, for two of the three most recent school years, satisfies any	4665
of the following criteria:	4666

(i) The school has been declared to be in a state of academic	4667
emergency under section 3302.03 of the Revised Code, as it existed	4668
prior to the effective date of this amendment;	4669

(ii) The school has received a grade of "F" in improving	4670
literacy in grades kindergarten through three under division	4671
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	4672

(iii) The school has received an overall grade of "F" under	4673
division (C) of section 3302.03 of the Revised Code.	4674

(b) The school offers any of grade levels four to eight but	4675
does not offer a grade level higher than nine and, for two of the	4676
three most recent school years, satisfies any of the following	4677
criteria:	4678

(i) The school has been declared to be in a state of academic	4679
emergency under section 3302.03 of the Revised Code, as it existed	4680
prior to the effective date of this amendment;	4681

(ii) The school has received a grade of "F" for the	4682
performance index score under division (A)(1)(b), (B)(1)(b), or	4683
(C)(1)(b) and a grade of "F" for the value-added progress	4684
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	4685
section 3302.03 of the Revised Code;	4686

(iii) The school has received an overall grade of "F" under	4687
division (C) and a grade of "F" for the value-added progress	4688
dimension under division (C)(1)(e) of section 3302.03 of the	4689
Revised Code.	4690

(c) The school offers any of grade levels ten to twelve and,	4691
for two of the three most recent school years, satisfies any of	4692
the following criteria:	4693

(i) The school has been declared to be in a state of academic	4694
emergency under section 3302.03 of the Revised Code, as it existed	4695
prior to the effective date of this amendment;	4696

(ii) The school has received a grade of "F" for the	4697
performance index score under division (A)(1)(b), (B)(1)(b), or	4698
(C)(1)(b) and has not met annual measurable objectives under	4699
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	4700
the Revised Code;	4701

(iii) The school has received an overall grade of "F" under	4702
division (C) and a grade of "F" for the value-added progress	4703
dimension under division (C)(1)(e) of section 3302.03 of the	4704
Revised Code.	4705

For purposes of division (A)(3) of this section only, the	4706
value-added progress dimension for a community school shall be	4707
calculated using assessment scores for only those students to whom	4708
the school has administered the achievement assessments prescribed	4709
by section 3301.0710 of the Revised Code for at least the two most	4710
recent school years.	4711

(4) This section does not apply to either of the following:

4712

(a) Any community school in which a majority of the students	4713
are enrolled in a dropout prevention and recovery program that is	4714
operated by the school ~~and that has been granted a waiver under~~	4715
~~section 3314.36 of the Revised Code;~~. Rather, such schools shall	4716
be subject to closure only as provided in section 3314.351 of the	4717
Revised Code. However, prior to July 1, 2014, a community school	4718
in which a majority of the students are enrolled in a dropout	4719
prevention and recovery program shall be exempt from this section	4720
only if it has been granted a waiver under section 3314.36 of the	4721
Revised Code.	4722

(b) Any community school in which a majority of the enrolled	4723
students are children with disabilities receiving special	4724
education and related services in accordance with Chapter 3323. of	4725
the Revised Code.	4726

(B) Any community school to which this section applies shall	4727
permanently close at the conclusion of the school year in which	4728
the school first becomes subject to this section. The sponsor and	4729
governing authority of the school shall comply with all procedures	4730
for closing a community school adopted by the department under	4731
division (E) of section 3314.015 of the Revised Code. The	4732
governing authority of the school shall not enter into a contract	4733
with any other sponsor under section 3314.03 of the Revised Code	4734
after the school closes.	4735

(C) In accordance with division (B) of section 3314.012 of	4736
the Revised Code, the department shall not consider the	4737
performance ratings assigned to a community school for its first	4738
two years of operation when determining whether the school meets	4739
the criteria prescribed by division (A)(1) or (2) of this section.	4740

~~(D) Notwithstanding division (A)(3)(a) of this section, if,~~	4741
~~by March 31, 2013, the general assembly does not enact for~~	4742
~~community schools described in that division performance~~	4743
~~standards, a report card rating system, and criteria for closure,~~	4744
~~those schools shall be required to permanently close upon meeting~~	4745
~~the criteria prescribed in division (A)(2) of this section, except~~	4746
~~that, subject to division (C) of this section, only the~~	4747
~~performance ratings issued for the 2012-2013 school year and later~~	4748
~~shall count in determining if the criteria are met.~~	4749

Sec. 3314.351. (A) This section applies to any community	4750
school in which a majority of the students are enrolled in a	4751
dropout prevention and recovery program. Beginning on or after	4752
July 1, 2014, any such community school that has received a	4753
designation of "does not meet standards," as described in division	4754
(D)(1) of section 3314.017 of the Revised Code on the report card	4755
issued under that section, for at least two of the three most	4756
recent school years shall be subject to closure in accordance with	4757
this section.	4758

(B) Not later than the first day of September in each school	4759
year, the department of education shall notify each school subject	4760
to closure under this section that the school must close not later	4761
than the thirtieth day of the following June.	4762

A school so notified shall close as required.

4763

(C) A school that opens on or after July 1, 2014, shall not	4764
be subject to closure under this section for its first two years	4765
of operation. A school that is in operation prior to July 1, 2014,	4766
shall not be subject to closure under this section until after	4767
August 31, 2016.	4768

(D) The sponsor and governing authority of the school shall	4769
comply with all procedures for closing a community school adopted	4770
by the department under division (E) of section 3314.015 of the	4771
Revised Code. The governing authority of the school shall not	4772
enter into a contract with any other sponsor under section 3314.03	4773
of the Revised Code after the school closes.	4774

Sec. 3314.36. (A) ~~Except as otherwise provided in division~~	4775
~~(D) of section~~Section 3314.35 of the Revised Code~~, that section~~	4776
does not apply to any community school in which a majority of the	4777
students are enrolled in a dropout prevention and recovery program	4778
that is operated by the school and that has been granted a waiver	4779
by the department of education. ~~The~~Until June 30, 2014, the	4780
department shall grant a waiver to a dropout prevention and	4781
recovery program, within sixty days after the program applies for	4782
the waiver, if the program meets all of the following conditions:	4783

(1) The program serves only students not younger than sixteen	4784
years of age and not older than twenty-one years of age.	4785

(2) The program enrolls students who, at the time of their	4786
initial enrollment, either, or both, are at least one grade level	4787
behind their cohort age groups or experience crises that	4788
significantly interfere with their academic progress such that	4789
they are prevented from continuing their traditional programs.	4790

(3) The program requires students to attain at least the	4791
applicable score designated for each of the assessments prescribed	4792
under division (B)(1) of section 3301.0710 of the Revised Code or,	4793
to the extent prescribed by rule of the state board of education	4794
under division (D)(6) of section 3301.0712 of the Revised Code,	4795
division (B)(2) of that section.	4796

(4) The program develops an individual career plan for the	4797
student that specifies the student's matriculating to a two-year	4798
degree program, acquiring a business and industry credential, or	4799
entering an apprenticeship.	4800

(5) The program provides counseling and support for the	4801
student related to the plan developed under division (A)(4) of	4802
this section during the remainder of the student's high school	4803
experience.	4804

(6) Prior to receiving the waiver, the program has submitted	4805
to the department an instructional plan that demonstrates how the	4806
academic content standards adopted by the state board of education	4807
under section 3301.079 of the Revised Code will be taught and	4808
assessed.	4809

If the department does not act either to grant the waiver or	4810
to reject the program application for the waiver within sixty days	4811
as required under this section, the waiver shall be considered to	4812
be granted.	4813

(B) Notwithstanding division (A) of this section, the	4814
department shall not grant a waiver to any community school that	4815
did not qualify for a waiver under this section when it initially	4816
began operations, unless the state board of education approves the	4817
waiver.	4818

(C) Beginning on July 1, 2014, all community schools in which	4819
a majority of the students are enrolled in a dropout prevention	4820
and recovery program are subject to the provisions of section	4821
3314.351 of the Revised Code, regardless of whether a waiver has	4822
been granted under this section. Thereafter, no waivers shall be	4823
granted under this section.	4824

Sec. 3314.361. Notwithstanding anything to the contrary in	4825
this chapter, a community school that operates a drug recovery	4826
program in cooperation with a court shall be considered a dropout	4827
prevention and recovery program for purposes of this chapter,	4828
regardless of the ages of students or grade levels served by the	4829
school.	4830

Sec. 3314.37. (A) A five-year demonstration project is hereby	4831
established at the community schools known as the ISUS institutes.	4832
The project is a research and development initiative to collect	4833
and analyze data with which to improve dropout prevention and	4834
recovery programs, to evaluate various methodologies employed in	4835
those programs, to develop tools and criteria for evaluating	4836
community schools that operate dropout prevention and recovery	4837
programs, to institute stringent accountability measures for such	4838
community schools, and to direct curricular and programming	4839
decisions for such community schools. The program shall begin with	4840
the 2008-2009 school year and shall operate through the 2012-2013	4841
school year.	4842

(B) Under the demonstration project, the ISUS institutes	4843
shall select and pay the costs of an independent evaluator to	4844
create a study plan and collect and analyze data from the	4845
institutes. The ISUS institutes' selection of the independent	4846
evaluator is subject to the approval of the department of	4847
education. The data collected by the evaluator shall include, but	4848
need not be limited to, the following:	4849

(1) Baseline measures of student status at enrollment,	4850
including academic level; history of court involvement, drug use,	4851
and other behavioral problems; and the circumstances of the	4852
students' parenting and living arrangements;	4853

(2) Student academic progress, measured at multiple and	4854
regular intervals each school year;	4855

(3) Value-added elements of the institutes' dropout	4856
prevention and recovery programs, including industry	4857
certifications, college coursework, community service and service	4858
learning, apprenticeships, and internships;	4859

(4) Outcomes in addition to high school graduation, including	4860
students' contributions to community service and students'	4861
transitions to employment, post-secondary training, college, or	4862
the military.	4863

(C) Not later than the thirtieth day of September following	4864
each school year in which the demonstration project is operating,	4865
the independent evaluator shall do both of the following:	4866

(1) Submit to the ISUS institutes and the department all data	4867
collected and a report of its data analysis;	4868

(2) Submit a report of its data analysis to the speaker and	4869
minority leader of the house of representatives, the president and	4870
minority leader of the senate, and the chairpersons and ranking	4871
minority members of the standing committees of the house of	4872
representatives and the senate that consider education	4873
legislation.	4874

(D) For each school year in which the demonstration project	4875
is operating:	4876

(1) The ISUS institutes shall continue to report data through	4877
the education management information system under section 3314.17	4878
of the Revised Code.	4879

(2) The department shall continue to issue annual report	4880
cards for the ISUS institutes under section 3314.012 of the	4881
Revised Code and shall continue to assign them performance ratings	4882
under ~~division (B) of~~ section 3302.03 of the Revised Code.	4883

(E) Nothing in this section prevents the application to the	4884
ISUS institutes, during the demonstration project, of any	4885
provision of the Revised Code or rule or policy of the department	4886
or the state board of education requiring closure, or otherwise	4887
restricting the operation, of a community school based on measures	4888
of academic performance for any school year before or during the	4889
demonstration project. Nothing in this section prevents a sponsor	4890
of an ISUS institute from terminating or not renewing its contract	4891
with the school, from suspending the operations of the school, or	4892
from placing the school on probationary status, in accordance with	4893
this chapter, during the demonstration project. Nothing in this	4894
section prevents the auditor of state from taking action against	4895
an ISUS institute under Chapter 117. of the Revised Code or other	4896
applicable law during the demonstration project.	4897

(F) The department may conduct its own analysis of data	4898
submitted under the demonstration project.	4899

(G) Not later than December 31, 2013, the independent	4900
evaluator shall issue a final report of its findings and analysis	4901
and its recommendations for appropriate academic accountability	4902
measures for community schools that operate dropout prevention and	4903
recovery programs. The independent evaluator shall submit the	4904
report to the department, the speaker and minority leader of the	4905
house of representatives, the president and minority leader of the	4906
senate, and the chairpersons and ranking minority members of the	4907
standing committees of the house of representatives and the senate	4908
that consider education legislation.	4909

Sec. 3317.081. (A) Tuition shall be computed in accordance	4910
with this section if:	4911

(1) The tuition is required by division (C)(3)(b) of section	4912
3313.64 of the Revised Code; or	4913

(2) Neither the child nor the child's parent resides in this	4914
state and tuition is required by section 3327.06 of the Revised	4915
Code.	4916

(B) Tuition computed in accordance with this section shall	4917
equal the attendance district's tuition rate computed under	4918
section 3317.08 of the Revised Code plus the amount in state	4919
education aid, as defined in section 3317.02 of the Revised Code,	4920
that district would have received for the child during the school	4921
year had the attendance district been authorized to count the	4922
child in its formula ADM for that school year under section	4923
3317.03 of the Revised Code.	4924

Sec. 3319.11. (A) As used in this section:

4925

(1) "Evaluation procedures" means the procedures required by	4926
the policy adopted pursuant to division (A) of section 3319.111 of	4927
the Revised Code.	4928

(2) "Limited contract" means a limited contract, as described	4929
in section 3319.08 of the Revised Code, that a school district	4930
board of education or governing board of an educational service	4931
center enters into with a teacher who is not eligible for	4932
continuing service status.	4933

(3) "Extended limited contract" means a limited contract, as	4934
described in section 3319.08 of the Revised Code, that a board of	4935
education or governing board enters into with a teacher who is	4936
eligible for continuing service status.	4937

(B) Teachers eligible for continuing service status in any	4938
city, exempted village, local, or joint vocational school district	4939
or educational service center shall be those teachers qualified as	4940
described in division (D) of section 3319.08 of the Revised Code,	4941
who within the last five years have taught for at least three	4942
years in the district or center, and those teachers who, having	4943
attained continuing contract status elsewhere, have served two	4944
years in the district or center, but the board, upon the	4945
recommendation of the superintendent, may at the time of	4946
employment or at any time within such two-year period, declare any	4947
of the latter teachers eligible.	4948

(1) Upon the recommendation of the superintendent that a	4949
teacher eligible for continuing service status be reemployed, a	4950
continuing contract shall be entered into between the board and	4951
the teacher unless the board by a three-fourths vote of its full	4952
membership rejects the recommendation of the superintendent. If	4953
the board rejects by a three-fourths vote of its full membership	4954
the recommendation of the superintendent that a teacher eligible	4955
for continuing service status be reemployed and the superintendent	4956
makes no recommendation to the board pursuant to division (C) of	4957
this section, the board may declare its intention not to reemploy	4958
the teacher by giving the teacher written notice on or before the	4959
first day of June of its intention not to reemploy the teacher. If	4960
evaluation procedures have not been complied with pursuant to	4961
section 3319.111 of the Revised Code or the board does not give	4962
the teacher written notice on or before the first day of June of	4963
its intention not to reemploy the teacher, the teacher is deemed	4964
reemployed under an extended limited contract for a term not to	4965
exceed one year at the same salary plus any increment provided by	4966
the salary schedule. The teacher is presumed to have accepted	4967
employment under the extended limited contract for a term not to	4968
exceed one year unless such teacher notifies the board in writing	4969
to the contrary on or before the fifteenth day of June, and an	4970
extended limited contract for a term not to exceed one year shall	4971
be executed accordingly. Upon any subsequent reemployment of the	4972
teacher only a continuing contract may be entered into.	4973

(2) If the superintendent recommends that a teacher eligible	4974
for continuing service status not be reemployed, the board may	4975
declare its intention not to reemploy the teacher by giving the	4976
teacher written notice on or before the first day of June of its	4977
intention not to reemploy the teacher. If evaluation procedures	4978
have not been complied with pursuant to section 3319.111 of the	4979
Revised Code or the board does not give the teacher written notice	4980
on or before the first day of June of its intention not to	4981
reemploy the teacher, the teacher is deemed reemployed under an	4982
extended limited contract for a term not to exceed one year at the	4983
same salary plus any increment provided by the salary schedule.	4984
The teacher is presumed to have accepted employment under the	4985
extended limited contract for a term not to exceed one year unless	4986
such teacher notifies the board in writing to the contrary on or	4987
before the fifteenth day of June, and an extended limited contract	4988
for a term not to exceed one year shall be executed accordingly.	4989
Upon any subsequent reemployment of a teacher only a continuing	4990
contract may be entered into.	4991

(3) Any teacher receiving written notice of the intention of	4992
a board not to reemploy such teacher pursuant to this division is	4993
entitled to the hearing provisions of division (G) of this	4994
section.	4995

(C)(1) If a board rejects the recommendation of the	4996
superintendent for reemployment of a teacher pursuant to division	4997
(B)(1) of this section, the superintendent may recommend	4998
reemployment of the teacher, if continuing service status has not	4999
previously been attained elsewhere, under an extended limited	5000
contract for a term not to exceed two years, provided that written	5001
notice of the superintendent's intention to make such	5002
recommendation has been given to the teacher with reasons directed	5003
at the professional improvement of the teacher on or before the	5004
first day of June. Upon subsequent reemployment of the teacher	5005
only a continuing contract may be entered into.	5006

(2) If a board of education takes affirmative action on a	5007
superintendent's recommendation, made pursuant to division (C)(1)	5008
of this section, of an extended limited contract for a term not to	5009
exceed two years but the board does not give the teacher written	5010
notice of its affirmative action on the superintendent's	5011
recommendation of an extended limited contract on or before the	5012
first day of June, the teacher is deemed reemployed under a	5013
continuing contract at the same salary plus any increment provided	5014
by the salary schedule. The teacher is presumed to have accepted	5015
employment under such continuing contract unless such teacher	5016
notifies the board in writing to the contrary on or before the	5017
fifteenth day of June, and a continuing contract shall be executed	5018
accordingly.	5019

(3) A board shall not reject a superintendent's	5020
recommendation, made pursuant to division (C)(1) of this section,	5021
of an extended limited contract for a term not to exceed two years	5022
except by a three-fourths vote of its full membership. If a board	5023
rejects by a three-fourths vote of its full membership the	5024
recommendation of the superintendent of an extended limited	5025
contract for a term not to exceed two years, the board may declare	5026
its intention not to reemploy the teacher by giving the teacher	5027
written notice on or before the first day of June of its intention	5028
not to reemploy the teacher. If evaluation procedures have not	5029
been complied with pursuant to section 3319.111 of the Revised	5030
Code or if the board does not give the teacher written notice on	5031
or before the first day of June of its intention not to reemploy	5032
the teacher, the teacher is deemed reemployed under an extended	5033
limited contract for a term not to exceed one year at the same	5034
salary plus any increment provided by the salary schedule. The	5035
teacher is presumed to have accepted employment under the extended	5036
limited contract for a term not to exceed one year unless such	5037
teacher notifies the board in writing to the contrary on or before	5038
the fifteenth day of June, and an extended limited contract for a	5039
term not to exceed one year shall be executed accordingly. Upon	5040
any subsequent reemployment of the teacher only a continuing	5041
contract may be entered into.	5042

Any teacher receiving written notice of the intention of a	5043
board not to reemploy such teacher pursuant to this division is	5044
entitled to the hearing provisions of division (G) of this	5045
section.	5046

(D) A teacher eligible for continuing contract status	5047
employed under an extended limited contract pursuant to division	5048
(B) or (C) of this section, is, at the expiration of such extended	5049
limited contract, deemed reemployed under a continuing contract at	5050
the same salary plus any increment granted by the salary schedule,	5051
unless evaluation procedures have been complied with pursuant to	5052
section 3319.111 of the Revised Code and the employing board,	5053
acting on the superintendent's recommendation that the teacher not	5054
be reemployed, gives the teacher written notice on or before the	5055
first day of June of its intention not to reemploy such teacher. A	5056
teacher who does not have evaluation procedures applied in	5057
compliance with section 3319.111 of the Revised Code or who does	5058
not receive notice on or before the first day of June of the	5059
intention of the board not to reemploy such teacher is presumed to	5060
have accepted employment under a continuing contract unless such	5061
teacher notifies the board in writing to the contrary on or before	5062
the fifteenth day of June, and a continuing contract shall be	5063
executed accordingly.	5064

Any teacher receiving a written notice of the intention of a	5065
board not to reemploy such teacher pursuant to this division is	5066
entitled to the hearing provisions of division (G) of this	5067
section.	5068

(E) The board shall enter into a limited contract with each	5069
teacher employed by the board who is not eligible to be considered	5070
for a continuing contract.	5071

Any teacher employed under a limited contract, and not	5072
eligible to be considered for a continuing contract, is, at the	5073
expiration of such limited contract, considered reemployed under	5074
the provisions of this division at the same salary plus any	5075
increment provided by the salary schedule unless evaluation	5076
procedures have been complied with pursuant to section 3319.111 of	5077
the Revised Code and the employing board, acting upon the	5078
superintendent's written recommendation that the teacher not be	5079
reemployed, gives such teacher written notice of its intention not	5080
to reemploy such teacher on or before the first day of June. A	5081
teacher who does not have evaluation procedures applied in	5082
compliance with section 3319.111 of the Revised Code or who does	5083
not receive notice of the intention of the board not to reemploy	5084
such teacher on or before the first day of June is presumed to	5085
have accepted such employment unless such teacher notifies the	5086
board in writing to the contrary on or before the fifteenth day of	5087
June, and a written contract for the succeeding school year shall	5088
be executed accordingly.	5089

Any teacher receiving a written notice of the intention of a	5090
board not to reemploy such teacher pursuant to this division is	5091
entitled to the hearing provisions of division (G) of this	5092
section.	5093

(F) The failure of a superintendent to make a recommendation	5094
to the board under any of the conditions set forth in divisions	5095
(B) to (E) of this section, or the failure of the board to give	5096
such teacher a written notice pursuant to divisions (C) to (E) of	5097
this section shall not prejudice or prevent a teacher from being	5098
deemed reemployed under either a limited or continuing contract as	5099
the case may be under the provisions of this section. A failure of	5100
the parties to execute a written contract shall not void any	5101
automatic reemployment provisions of this section.	5102

(G)(1) Any teacher receiving written notice of the intention	5103
of a board of education not to reemploy such teacher pursuant to	5104
division (B), (C)(3), (D), or (E) of this section may, within ten	5105
days of the date of receipt of the notice, file with the treasurer	5106
of the board a written demand for a written statement describing	5107
the circumstances that led to the board's intention not to	5108
reemploy the teacher.	5109

(2) The treasurer of a board, on behalf of the board, shall,	5110
within ten days of the date of receipt of a written demand for a	5111
written statement pursuant to division (G)(1) of this section,	5112
provide to the teacher a written statement describing the	5113
circumstances that led to the board's intention not to reemploy	5114
the teacher.	5115

(3) Any teacher receiving a written statement describing the	5116
circumstances that led to the board's intention not to reemploy	5117
the teacher pursuant to division (G)(2) of this section may,	5118
within five days of the date of receipt of the statement, file	5119
with the treasurer of the board a written demand for a hearing	5120
before the board pursuant to divisions (G)(4) to (6) of this	5121
section.	5122

(4) The treasurer of a board, on behalf of the board, shall,	5123
within ten days of the date of receipt of a written demand for a	5124
hearing pursuant to division (G)(3) of this section, provide to	5125
the teacher a written notice setting forth the time, date, and	5126
place of the hearing. The board shall schedule and conclude the	5127
hearing within forty days of the date on which the treasurer of	5128
the board receives a written demand for a hearing pursuant to	5129
division (G)(3) of this section.	5130

(5) Any hearing conducted pursuant to this division shall be	5131
conducted by a majority of the members of the board. The hearing	5132
shall be held in executive session of the board unless the board	5133
and the teacher agree to hold the hearing in public. The	5134
superintendent, assistant superintendent, the teacher, and any	5135
person designated by either party to take a record of the hearing	5136
may be present at the hearing. The board may be represented by	5137
counsel and the teacher may be represented by counsel or a	5138
designee. A record of the hearing may be taken by either party at	5139
the expense of the party taking the record.	5140

(6) Within ten days of the conclusion of a hearing conducted	5141
pursuant to this division, the board shall issue to the teacher a	5142
written decision containing an order affirming the intention of	5143
the board not to reemploy the teacher reported in the notice given	5144
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	5145
this section or an order vacating the intention not to reemploy	5146
and expunging any record of the intention, notice of the	5147
intention, and the hearing conducted pursuant to this division.	5148

(7) A teacher may appeal an order affirming the intention of	5149
the board not to reemploy the teacher to the court of common pleas	5150
of the county in which the largest portion of the territory of the	5151
school district or service center is located, within thirty days	5152
of the date on which the teacher receives the written decision, on	5153
the grounds that the board has not complied with this section or	5154
section 3319.111 of the Revised Code.	5155

Notwithstanding section 2506.04 of the Revised Code, the	5156
court in an appeal under this division is limited to the	5157
determination of procedural errors and to ordering the correction	5158
of procedural errors and shall have no jurisdiction to order a	5159
board to reemploy a teacher, except that the court may order a	5160
board to reemploy a teacher in compliance with the requirements of	5161
division (B), (C)(3), (D), or (E) of this section when the court	5162
determines that evaluation procedures have not been complied with	5163
pursuant to section 3319.111 of the Revised Code or the board has	5164
not given the teacher written notice on or before the first day of	5165
June of its intention not to reemploy the teacher pursuant to	5166
division (B), (C)(3), (D), or (E) of this section. Otherwise, the	5167
determination whether to reemploy or not reemploy a teacher is	5168
solely a board's determination and not a proper subject of	5169
judicial review and, except as provided in this division, no	5170
decision of a board whether to reemploy or not reemploy a teacher	5171
shall be invalidated by the court on any basis, including that the	5172
decision was not warranted by the results of any evaluation or was	5173
not warranted by any statement given pursuant to division (G)(2)	5174
of this section.	5175

No appeal of an order of a board may be made except as	5176
specified in this division.	5177

(H)(1) In giving a teacher any notice required by division	5178
(B), (C), (D), or (E) of this section, the board or the	5179
superintendent shall do either of the following:	5180

(a) Deliver the notice by personal service upon the teacher;

5181

(b) Deliver the notice by certified mail, return receipt	5182
requested, addressed to the teacher at the teacher's place of	5183
employment and deliver a copy of the notice by certified mail,	5184
return receipt requested, addressed to the teacher at the	5185
teacher's place of residence.	5186

(2) In giving a board any notice required by division (B),	5187
(C), (D), or (E) of this section, the teacher shall do either of	5188
the following:	5189

(a) Deliver the notice by personal delivery to the office of	5190
the superintendent during regular business hours;	5191

(b) Deliver the notice by certified mail, return receipt	5192
requested, addressed to the office of the superintendent and	5193
deliver a copy of the notice by certified mail, return receipt	5194
requested, addressed to the president of the board at the	5195
president's place of residence.	5196

(3) When any notice and copy of the notice are mailed	5197
pursuant to division (H)(1)(b) or (2)(b) of this section, the	5198
notice or copy of the notice with the earlier date of receipt	5199
shall constitute the notice for the purposes of division (B), (C),	5200
(D), or (E) of this section.	5201

(I) The provisions of this section shall not apply to any	5202
supplemental written contracts entered into pursuant to section	5203
3319.08 of the Revised Code.	5204

(J) Notwithstanding any provision to the contrary in Chapter	5205
4117. of the Revised Code, the dates set forth in this section as	5206
"on or before the first day of June" or "on or before the	5207
fifteenth day of June" prevail over any conflicting provisions of	5208
a collective bargaining agreement entered into on or after the	5209
effective date of this amendment.	5210

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	5211
Code, this section applies to any person who is employed under a	5212
teacher license issued under this chapter, or under a professional	5213
or permanent teacher's certificate issued under former section	5214
3319.222 of the Revised Code, and who spends at least fifty per	5215
cent of the time employed providing student instruction. However,	5216
this section does not apply to any person who is employed as a	5217
substitute teacher or as an instructor of adult education.	5218

(A) Not later than July 1, 2013, the board of education of	5219
each school district, in consultation with teachers employed by	5220
the board, shall adopt a standards-based teacher evaluation policy	5221
that conforms with the framework for evaluation of teachers	5222
developed under section 3319.112 of the Revised Code. The policy	5223
shall become operative at the expiration of any collective	5224
bargaining agreement covering teachers employed by the board that	5225
is in effect on ~~the effective date of this section~~September 29,	5226
2011, and shall be included in any renewal or extension of such an	5227
agreement.	5228

(B) When using measures of student academic growth as a	5229
component of a teacher's evaluation, those measures shall include	5230
the value-added progress dimension prescribed by section 3302.021	5231
of the Revised Code or an alternative student academic progress	5232
measure if adopted under division (C)(1)(e) of section 3302.03 of	5233
the Revised Code. For teachers of grade levels and subjects for	5234
which the value-added progress dimension or alternative student	5235
academic progress measure is not applicable, the board shall	5236
administer assessments on the list developed under division (B)(2)	5237
of section 3319.112 of the Revised Code.	5238

(C)(1) The board shall conduct an evaluation of each teacher	5239
employed by the board at least once each school year, except as	5240
provided in division (C)(2) of this section. The evaluation shall	5241
be completed by the first day of May and the teacher shall receive	5242
a written report of the results of the evaluation by the tenth day	5243
of May.	5244

(2) The board may elect, by adoption of a resolution, to	5245
evaluate each teacher who received a rating of accomplished on the	5246
teacher's most recent evaluation conducted under this section once	5247
every two school years. In that case, the biennial evaluation	5248
shall be completed by the first day of May of the applicable	5249
school year, and the teacher shall receive a written report of the	5250
results of the evaluation by the tenth day of May of that school	5251
year.	5252

(D) Each evaluation conducted pursuant to this section shall	5253
be conducted by one or more of the following persons who hold a	5254
credential established by the department of education for being an	5255
evaluator:	5256

(1) A person who is under contract with the board pursuant to	5257
section 3319.01 or 3319.02 of the Revised Code and holds a license	5258
designated for being a superintendent, assistant superintendent,	5259
or principal issued under section 3319.22 of the Revised Code;	5260

(2) A person who is under contract with the board pursuant to	5261
section 3319.02 of the Revised Code and holds a license designated	5262
for being a vocational director, administrative specialist, or	5263
supervisor in any educational area issued under section 3319.22 of	5264
the Revised Code;	5265

(3) A person designated to conduct evaluations under an	5266
agreement entered into by the board, including an agreement	5267
providing for peer review entered into by the board and	5268
representatives of teachers employed by the board;	5269

(4) A person who is employed by an entity contracted by the	5270
board to conduct evaluations and who holds a license designated	5271
for being a superintendent, assistant superintendent, principal,	5272
vocational director, administrative specialist, or supervisor in	5273
any educational area issued under section 3319.22 of the Revised	5274
Code or is qualified to conduct evaluations.	5275

(E) Notwithstanding division (A)(3) of section 3319.112 of	5276
the Revised Code:	5277

(1) The board shall require at least three formal	5278
observations of each teacher who is under consideration for	5279
nonrenewal and with whom the board has entered into a limited	5280
contract or an extended limited contract under section 3319.11 of	5281
the Revised Code.	5282

(2) The board may elect, by adoption of a resolution, to	5283
require only one formal observation of a teacher who received a	5284
rating of accomplished on the teacher's most recent evaluation	5285
conducted under this section, provided the teacher completes a	5286
project that has been approved by the board to demonstrate the	5287
teacher's continued growth and practice at the accomplished level.	5288

(F) The board shall include in its evaluation policy	5289
procedures for using the evaluation results for retention and	5290
promotion decisions and for removal of poorly performing teachers.	5291
Seniority shall not be the basis for a decision to retain a	5292
teacher, except when making a decision between teachers who have	5293
comparable evaluations.	5294

(G) For purposes of section 3333.0411 of the Revised Code,	5295
the board annually shall report to the department of education the	5296
number of teachers for whom an evaluation was conducted under this	5297
section and the number of teachers assigned each rating prescribed	5298
under division (B)(1) of section 3319.112 of the Revised Code,	5299
aggregated by the teacher preparation programs from which and the	5300
years in which the teachers graduated. The department shall	5301
establish guidelines for reporting the information required by	5302
this division. The guidelines shall not permit or require that the	5303
name of, or any other personally identifiable information about,	5304
any teacher be reported under this division.	5305

(H) Notwithstanding any provision to the contrary in Chapter	5306
4117. of the Revised Code, the requirements of this section	5307
prevail over any conflicting provisions of a collective bargaining	5308
agreement entered into on or after ~~the effective date of this~~	5309
~~amendment~~September 24, 2012.	5310

Sec. 3319.112. (A) Not later than December 31, 2011, the	5311
state board of education shall develop a standards-based state	5312
framework for the evaluation of teachers. The state board may	5313
update the framework periodically by adoption of a resolution. The	5314
framework shall establish an evaluation system that does the	5315
following:	5316

(1) Provides for multiple evaluation factors~~, including~~	5317
~~student academic growth which shall account for fifty per cent of~~	5318
~~each~~. One factor shall be student academic growth which shall	5319
account for fifty per cent of each evaluation. When applicable to	5320
the grade level or subject area taught by a teacher, the	5321
value-added progress dimension established under section 3302.021	5322
of the Revised Code or an alternative student academic progress	5323
measure if adopted under division (C)(1)(e) of section 3302.03 of	5324
the Revised Code shall be used in the student academic growth	5325
portion of an evaluation in proportion to the part of a teacher's	5326
schedule of courses or subjects for which the value-added progress	5327
dimension is applicable.	5328

If a teacher's schedule is comprised only of courses or	5329
subjects for which the value-added progress dimension is	5330
applicable, one of the following applies:	5331

(a) Beginning with the effective date of this amendment until	5332
June 30, 2014, the majority of the student academic growth factor	5333
of the evaluation shall be based on the value-added progress	5334
dimension.	5335

(b) On or after July 1, 2014, the entire student academic	5336
growth factor of the evaluation shall be based on the value-added	5337
progress dimension. In calculating student academic growth for an	5338
evaluation, a student shall not be included if the student has	5339
sixty or more unexcused absences for the school year.	5340

(2) Is aligned with the standards for teachers adopted under	5341
section 3319.61 of the Revised Code;	5342

(3) Requires observation of the teacher being evaluated,	5343
including at least two formal observations by the evaluator of at	5344
least thirty minutes each and classroom walkthroughs;	5345

(4) Assigns a rating on each evaluation in accordance with	5346
division (B) of this section;	5347

(5) Requires each teacher to be provided with a written	5348
report of the results of the teacher's evaluation;	5349

(6) Identifies measures of student academic growth for grade	5350
levels and subjects for which the value-added progress dimension	5351
prescribed by section 3302.021 of the Revised Code or an	5352
alternative student academic progress measure if adopted under	5353
division (C)(1)(e) of section 3302.03 of the Revised Code does not	5354
apply;	5355

(7) Implements a classroom-level, value-added program	5356
developed by a nonprofit organization described in division (B) of	5357
section 3302.021 of the Revised Code or an alternative student	5358
academic progress measure if adopted under division (C)(1)(e) of	5359
section 3302.03 of the Revised Code;	5360

(8) Provides for professional development to accelerate and	5361
continue teacher growth and provide support to poorly performing	5362
teachers;	5363

(9) Provides for the allocation of financial resources to	5364
support professional development.	5365

(B) For purposes of the framework developed under this	5366
section, the state board also shall do the following:	5367

(1) Develop specific standards and criteria that distinguish	5368
between the following levels of performance for teachers and	5369
principals for the purpose of assigning ratings on the evaluations	5370
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	5371
of the Revised Code:	5372

(a) Accomplished;

5373

(b) Proficient;

5374

5375

(d) Ineffective.

5376

(2) For grade levels and subjects for which the assessments	5377
prescribed under sections 3301.0710 and 3301.0712 of the Revised	5378
Code and the value-added progress dimension prescribed by section	5379
3302.021 of the Revised Code, or alternative student academic	5380
progress measure, do not apply, develop a list of student	5381
assessments that measure mastery of the course content for the	5382
appropriate grade level, which may include nationally normed	5383
standardized assessments, industry certification examinations, or	5384
end-of-course examinations.	5385

(C) The state board shall consult with experts, teachers and	5386
principals employed in public schools, and representatives of	5387
stakeholder groups in developing the standards and criteria	5388
required by division (B)(1) of this section.	5389

(D) To assist school districts in developing evaluation	5390
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	5391
the Revised Code, the department shall do both of the following:	5392

(1) Serve as a clearinghouse of promising evaluation	5393
procedures and evaluation models that districts may use;	5394

(2) Provide technical assistance to districts in creating	5395
evaluation policies.	5396

(E) Not later than June 30, 2013, the state board, in	5397
consultation with state agencies that employ teachers, shall	5398
develop a standards-based framework for the evaluation of teachers	5399
employed by those agencies. Each state agency that employs	5400
teachers shall adopt a standards-based teacher evaluation policy	5401
that conforms with the framework developed under this division.	5402
The policy shall become operative at the expiration of any	5403
collective bargaining agreement covering teachers employed by the	5404
agency that is in effect on ~~the effective date of this amendment~~	5405
September 24, 2012, and shall be included in any renewal or	5406
extension of such an agreement. However, this division does not	5407
apply to any person who is employed as a substitute teacher or as	5408
an instructor of adult education.	5409

Sec. 3319.58. (A) As used in this section, "core subject	5410
area" has the same meaning as in section 3319.074 of the Revised	5411
Code.	5412

(B) Each year, beginning with the 2015-2016 school year, the	5413
board of education of each city, exempted village, local, and	5414
joint vocational school district shall require each classroom	5415
teacher who is currently teaching in a core subject area and has	5416
received a rating of ineffective on the evaluations conducted	5417
under section 3319.111 of the Revised Code for two of the three	5418
most recent school years to register for and take all written	5419
examinations of content knowledge selected by the department of	5420
education as appropriate to determine expertise to teach that core	5421
subject area and the grade level to which the teacher is assigned.	5422

(C) Each year, beginning with the 2015-2016 school year, the	5423
governing authority of each community school established under	5424
Chapter 3314. of the Revised Code except a community school to	5425
which section 3314.017 of the Revised Code applies and governing	5426
body of each STEM school established under Chapter 3326. of the	5427
Revised Code with a building ranked in the lowest ten per cent of	5428
all public school buildings according to performance index score,	5429
under section 3302.21 of the Revised Code, shall require each	5430
classroom teacher currently teaching in a core subject area in	5431
such a building to register for and take all written examinations	5432
of content knowledge selected by the department as appropriate to	5433
determine expertise to teach that core subject area and the grade	5434
level to which the teacher is assigned.	5435

(D) If a teacher who takes an examination under division (B)	5436
of this section passes that examination and provides proof of that	5437
passage to the teacher's employer, the employer shall require the	5438
teacher, at the teacher's expense, to complete professional	5439
development that is targeted to the deficiencies identified in the	5440
teacher's evaluations conducted under section 3319.111 of the	5441
Revised Code. The receipt by the teacher of a rating of	5442
ineffective on the teacher's next evaluation after completion of	5443
the professional development, or the failure of the teacher to	5444
complete the professional development, shall be grounds for	5445
termination of the teacher under section 3319.16 of the Revised	5446
Code.	5447

(E) If a teacher who takes an examination under this section	5448
passes that examination and provides proof of that passage to the	5449
teacher's employer, the teacher shall not be required to take the	5450
examination again for three years, regardless of the teacher's	5451
evaluation ratings or the performance index score ranking of the	5452
building in which the teacher teaches. No teacher shall be	5453
responsible for the cost of taking an examination under this	5454
section.	5455

(F) Each district board of education, each community school	5456
governing authority, and each STEM school governing body may use	5457
the results of a teacher's examinations required under division	5458
(B) or (C) of this section in developing and revising professional	5459
development plans and in deciding whether or not to continue	5460
employing the teacher in accordance with the provisions of this	5461
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	5462
decision to terminate or not to renew a teacher's employment	5463
contract shall be made solely on the basis of the results of a	5464
teacher's examination under this section until and unless the	5465
teacher has not attained a passing score on the same required	5466
examination for at least three consecutive administrations of that	5467
examination.	5468

Sec. 3326.03. (A) The STEM committee shall authorize the	5469
establishment of and award grants to science, technology,	5470
engineering, and mathematics schools based on proposals submitted	5471
to the committee.	5472

The committee shall determine the criteria for proposals,	5473
establish procedures for the submission of proposals, accept and	5474
evaluate proposals, and choose which proposals to approve to	5475
become a STEM school. In approving proposals for STEM schools, the	5476
committee shall consider locating the schools in diverse	5477
geographic regions of the state so that all students have access	5478
to a STEM school.	5479

The committee may authorize the establishment of a group of	5480
multiple STEM schools to operate from multiple facilities located	5481
in one or more school districts under the direction of a single	5482
governing body in the manner prescribed by section 3326.031 of the	5483
Revised Code. The committee shall consider the merits of each of	5484
the proposed STEM schools within a group and shall authorize each	5485
school separately. Anytime after authorizing a group of STEM	5486
schools to be under the direction of a single governing body, upon	5487
a proposal from the governing body, the committee may authorize	5488
one or more additional schools to operate as part of that group.	5489

The STEM committee may approve one or more STEM schools to	5490
serve only students identified as gifted under Chapter 3324. of	5491
the Revised Code.	5492

(B) Proposals may be submitted only by a partnership of	5493
public and private entities consisting of at least all of the	5494
following:	5495

(1) A city, exempted village, local, or joint vocational	5496
school district or an educational service center;	5497

(2) Higher education entities;

5498

(3) Business organizations.

5499

5500

(1) Assurances that the STEM school or group of STEM schools	5501
will be under the oversight of a governing body and a description	5502
of the members of that governing body and how they will be	5503
selected;	5504

(2) Assurances that each STEM school will operate in	5505
compliance with this chapter and the provisions of the proposal as	5506
accepted by the committee;	5507

(3) Evidence that each school will offer a rigorous, diverse,	5508
integrated, and project-based curriculum to students in any of	5509
grades six through twelve, with the goal to prepare those students	5510
for college, the workforce, and citizenship, and that does all of	5511
the following:	5512

(a) Emphasizes the role of science, technology, engineering,	5513
and mathematics in promoting innovation and economic progress;	5514

(b) Incorporates scientific inquiry and technological design;

5515

5516

(d) Emphasizes personalized learning and teamwork skills.

5517

(4) Evidence that each school will attract school leaders who	5518
support the curriculum principles of division (C)(3) of this	5519
section;	5520

(5) A description of how each school's curriculum will be	5521
developed and approved in accordance with section 3326.09 of the	5522
Revised Code;	5523

(6) Evidence that each school will utilize an established	5524
capacity to capture and share knowledge for best practices and	5525
innovative professional development;	5526

(7) Evidence that each school will operate in collaboration	5527
with a partnership that includes institutions of higher education	5528
and businesses;	5529

(8) Assurances that each school has received commitments of	5530
sustained and verifiable fiscal and in-kind support from regional	5531
education and business entities;	5532

(9) A description of how each school's assets will be	5533
distributed if the school closes for any reason.	5534

Sec. 3333.041. (A) On or before the last day of December of	5535
each year, the chancellor of the Ohio board of regents shall	5536
submit to the governor and, in accordance with section 101.68 of	5537
the Revised Code, the general assembly a report or reports	5538
concerning all of the following:	5539

(1) The status of graduates of Ohio school districts at state	5540
institutions of higher education during the twelve-month period	5541
ending on the thirtieth day of September of the current calendar	5542
year. The report shall list, by school district, the number of	5543
graduates of each school district who attended a state institution	5544
of higher education and the percentage of each district's	5545
graduates enrolled in a state institution of higher education	5546
during the reporting period who were required during such period	5547
by the college or university, as a prerequisite to enrolling in	5548
those courses generally required for first-year students, to	5549
enroll in a remedial course in English, including composition or	5550
reading, mathematics, and any other area designated by the	5551
chancellor. The chancellor also shall make the information	5552
described in division (A)(1) of this section available to the	5553
board of education of each city, exempted village, and local	5554
school district.	5555

Each state institution of higher education shall, by the	5556
first day of November of each year, submit to the chancellor in	5557
the form specified by the chancellor the information the	5558
chancellor requires to compile the report.	5559

(2) Aggregate academic growth data for students assigned to	5560
graduates of teacher preparation programs approved under section	5561
3333.048 of the Revised Code who teach English language arts or	5562
mathematics in any of grades four to eight in a public school in	5563
Ohio. For this purpose, the chancellor shall use the value-added	5564
progress dimension prescribed by section 3302.021 of the Revised	5565
Code or the alternative student academic progress measure if	5566
adopted under division (C)(1)(e) of section 3302.03 of the Revised	5567
Code. The chancellor shall aggregate the data by graduating class	5568
for each approved teacher preparation program, except that if a	5569
particular class has ten or fewer graduates to which this section	5570
applies, the chancellor shall report the data for a group of	5571
classes over a three-year period. In no case shall the report	5572
identify any individual graduate. The department of education	5573
shall share any data necessary for the report with the chancellor.	5574

(3) The following information with respect to the Ohio	5575
tuition trust authority:	5576

(a) The name of each investment manager that is a minority	5577
business enterprise or a women's business enterprise with which	5578
the chancellor contracts;	5579

(b) The amount of assets managed by investment managers that	5580
are minority business enterprises or women's business enterprises,	5581
expressed as a percentage of assets managed by investment managers	5582
with which the chancellor has contracted;	5583

(c) Efforts by the chancellor to increase utilization of	5584
investment managers that are minority business enterprises or	5585
women's business enterprises.	5586

(4) The status of implementation of faculty improvement	5587
programs under section 3345.28 of the Revised Code. The report	5588
shall include, but need not be limited to, the following: the	5589
number of professional leave grants made by each institution; the	5590
purpose of each professional leave; and a statement of the cost to	5591
the institution of each professional leave, to the extent that the	5592
cost exceeds the salary of the faculty member on professional	5593
leave.	5594

(5) The number and types of biobased products purchased under	5595
section 125.092 of the Revised Code and the amount of money spent	5596
by state institutions of higher education for those biobased	5597
products as that information is provided to the chancellor under	5598
division (A) of section 3345.692 of the Revised Code.	5599

(6) A description of dual enrollment programs, as defined in	5600
section 3313.6013 of the Revised Code, that are offered by school	5601
districts, community schools established under Chapter 3314. of	5602
the Revised Code, STEM schools established under Chapter 3326. of	5603
the Revised Code, college-preparatory boarding schools established	5604
under Chapter 3328. of the Revised Code, and chartered nonpublic	5605
high schools. The chancellor also shall post the information on	5606
the chancellor's web site.	5607

(7) The academic and economic impact of the Ohio innovation	5608
partnership established under section 3333.61 of the Revised Code.	5609
At a minimum, the report shall include the following:	5610

(a) Progress and performance metrics for each initiative that	5611
received an award in the previous fiscal year;	5612

(b) Economic indicators of the impact of each initiative, and	5613
all initiatives as a whole, on the regional economies and the	5614
statewide economy;	5615

(c) The chancellor's strategy in assigning choose Ohio first	5616
scholarships among state universities and colleges and how the	5617
actual awards fit that strategy.	5618

(8) The academic and economic impact of the Ohio	5619
co-op/internship program established under section 3333.72 of the	5620
Revised Code. At a minimum, the report shall include the	5621
following:	5622

(a) Progress and performance metrics for each initiative that	5623
received an award in the previous fiscal year;	5624

(b) Economic indicators of the impact of each initiative, and	5625
all initiatives as a whole, on the regional economies and the	5626
statewide economy;	5627

(c) The chancellor's strategy in allocating awards among	5628
state institutions of higher education and how the actual awards	5629
fit that strategy.	5630

(B) As used in this section:

5631

(1) "Minority business enterprise" has the same meaning as in	5632
section 122.71 of the Revised Code.	5633

(2) "State institution of higher education" and "state	5634
university" have the same meanings as in section 3345.011 of the	5635
Revised Code.	5636

(3) "State university or college" has the same meaning as in	5637
section 3345.12 of the Revised Code.	5638

(4) "Women's business enterprise" means a business, or a	5639
partnership, corporation, limited liability company, or joint	5640
venture of any kind, that is owned and controlled by women who are	5641
United States citizens and residents of this state.	5642

Sec. 3333.048. (A) Not later than one year after ~~the~~	5643
~~effective date of this section~~October 16, 2009, the chancellor of	5644
the Ohio board of regents and the superintendent of public	5645
instruction jointly shall do the following:	5646

(1) In accordance with Chapter 119. of the Revised Code,	5647
establish metrics and educator preparation programs for the	5648
preparation of educators and other school personnel and the	5649
institutions of higher education that are engaged in their	5650
preparation. The metrics and educator preparation programs shall	5651
be aligned with the standards and qualifications for educator	5652
licenses adopted by the state board of education under section	5653
3319.22 of the Revised Code and the requirements of the Ohio	5654
teacher residency program established under section 3319.223 of	5655
the Revised Code. The metrics and educator preparation programs	5656
also shall ensure that educators and other school personnel are	5657
adequately prepared to use the value-added progress dimension	5658
prescribed by section 3302.021 of the Revised Code or the	5659
alternative student academic progress measure if adopted under	5660
division (C)(1)(e) of section 3302.03 of the Revised Code.	5661

(2) Provide for the inspection of institutions of higher	5662
education desiring to prepare educators and other school	5663
personnel.	5664

(B) Not later than one year after ~~the effective date of this~~	5665
~~section~~October 16, 2009, the chancellor shall approve	5666
institutions of higher education engaged in the preparation of	5667
educators and other school personnel that maintain satisfactory	5668
training procedures and records of performance, as determined by	5669
the chancellor.	5670

(C) If the metrics established under division (A)(1) of this	5671
section require an institution of higher education that prepares	5672
teachers to satisfy the standards of an independent accreditation	5673
organization, the chancellor shall permit each institution to	5674
satisfy the standards of either the national council for	5675
accreditation of teacher education or the teacher education	5676
accreditation council.	5677

(D) The metrics and educator preparation programs established	5678
under division (A)(1) of this section may require an institution	5679
of higher education, as a condition of approval by the chancellor,	5680
to make changes in the curricula of its preparation programs for	5681
educators and other school personnel.	5682

Notwithstanding division (D) of section 119.03 and division	5683
(A)(1) of section 119.04 of the Revised Code, any metrics,	5684
educator preparation programs, rules, and regulations, or any	5685
amendment or rescission of such metrics, educator preparation	5686
programs, rules, and regulations, adopted under this section that	5687
necessitate institutions offering preparation programs for	5688
educators and other school personnel approved by the chancellor to	5689
revise the curricula of those programs shall not be effective for	5690
at least one year after the first day of January next succeeding	5691
the publication of the said change.	5692

Each institution shall allocate money from its existing	5693
appropriations to pay the cost of making the curricular changes.	5694

(E) The chancellor shall notify the state board of the	5695
metrics and educator preparation programs established under	5696
division (A)(1) of this section and the institutions of higher	5697
education approved under division (B) of this section. The state	5698
board shall publish the metrics, educator preparation programs,	5699
and approved institutions with the standards and qualifications	5700
for each type of educator license.	5701

(F) The graduates of institutions of higher education	5702
approved by the chancellor shall be licensed by the state board in	5703
accordance with the standards and qualifications adopted under	5704
section 3319.22 of the Revised Code.	5705

Sec. 3333.391. (A) As used in this section and in section	5706
3333.392 of the Revised Code:	5707

(1) "Academic year" shall be as defined by the chancellor of	5708
the Ohio board of regents.	5709

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	5710
be as defined by the department of education.	5711

(3) "Parent" means the parent, guardian, or custodian of a	5712
qualified student.	5713

(4) "Qualified service" means teaching at a qualifying	5714
school.	5715

(5) "Qualifying school" means a hard-to-staff school district	5716
building or a school district building that has a persistently low	5717
performance rating ~~of academic watch or academic emergency~~, as	5718
determined jointly by the chancellor and superintendent of public	5719
instruction, under section 3302.03 of the Revised Code at the time	5720
the recipient becomes employed by the district.	5721

(B) If the chancellor of the Ohio board of regents determines	5722
that sufficient funds are available from general revenue fund	5723
appropriations made to the Ohio board of regents or to the	5724
chancellor, the chancellor and the superintendent of public	5725
instruction jointly may develop and agree on a plan for the Ohio	5726
teaching fellows program to promote and encourage high school	5727
seniors to enter and remain in the teaching profession. Upon	5728
agreement of such a plan, the chancellor shall establish and	5729
administer the program in conjunction with the superintendent and	5730
with the cooperation of teacher training institutions. Under the	5731
program, the chancellor annually shall provide scholarships to	5732
students who commit to teaching in a qualifying school for a	5733
minimum of four years upon graduation from a teacher training	5734
program at a state institution of higher education or an Ohio	5735
nonprofit institution of higher education that has a certificate	5736
of authorization under Chapter 1713. of the Revised Code. The	5737
scholarships shall be for up to four years at the undergraduate	5738
level at an amount determined by the chancellor based on state	5739
appropriations.	5740

(C) The chancellor shall adopt a competitive process for	5741
awarding scholarships under the teaching fellows program, which	5742
shall include minimum grade point average and scores on national	5743
standardized tests for college admission. The process shall also	5744
give additional consideration to all of the following:	5745

(1) A person who has participated in the program described in	5746
division (A) of section 3333.39 of the Revised Code;	5747

(2) A person who plans to specialize in teaching students	5748
with special needs;	5749

(3) A person who plans to teach in the disciplines of	5750
science, technology, engineering, or mathematics.	5751

The chancellor shall require that all applicants to the	5752
teaching fellows program shall file a statement of service status	5753
in compliance with section 3345.32 of the Revised Code, if	5754
applicable, and that all applicants have not been convicted of,	5755
plead guilty to, or adjudicated a delinquent child for any	5756
violation listed in section 3333.38 of the Revised Code.	5757

(D) Teaching fellows shall complete the four-year teaching	5758
commitment within not more than seven years after graduating from	5759
the teacher training program. Failure to fulfill the commitment	5760
shall convert the scholarship into a loan to be repaid under	5761
section 3333.392 of the Revised Code.	5762

(E) The chancellor shall adopt rules in accordance with	5763
Chapter 119. of the Revised Code to administer this section and	5764
section 3333.392 of the Revised Code.	5765

Sec. 5910.01. As used in this chapter and section 5919.34 of	5766
the Revised Code:	5767

(A) "Child" includes natural and adopted children and	5768
stepchildren who have not been legally adopted by the veteran	5769
parent provided that the relationship between the stepchild and	5770
the veteran parent meets the following criteria:	5771

(1) The veteran parent is married to the child's natural or	5772
adoptive parent at the time application for a scholarship granted	5773
under this chapter is made; or if the veteran parent is deceased,	5774
the child's natural or adoptive parent was married to the veteran	5775
parent at the time of the veteran parent's death;	5776

(2) The child resided with the veteran parent for a period of	5777
not less than ten consecutive years immediately prior to making	5778
application for the scholarship; or if the veteran parent is	5779
deceased, the child resided with the veteran parent for a period	5780
of not less than ten consecutive years immediately prior to the	5781
veteran parent's death;	5782

(3) The child received financial support from the veteran	5783
parent for a period of not less than ten consecutive years	5784
immediately prior to making application for the scholarship; or if	5785
the veteran parent is deceased, the child received financial	5786
support from the veteran parent for a period of not less than ten	5787
consecutive years immediately prior to the veteran parent's death.	5788

(B) "Veteran" includes ~~either~~any of the following:

5789

(1) Any person who was a member of the armed services of the	5790
United States for a period of ninety days or more, or who was	5791
discharged from the armed services due to a disability incurred	5792
while a member with less than ninety days' service, or who died	5793
while a member of the armed services; provided that such service,	5794
disability, or death occurred during one of the following periods:	5795
April 6, 1917, to November 11, 1918; December 7, 1941, to December	5796
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to	5797
May 7, 1975; August 2, 1990, to the end of operations conducted as	5798
a result of the invasion of Kuwait by Iraq, including support for	5799
operation desert shield and operation desert storm, as declared by	5800
the president of the United States or the congress; October 7,	5801
2001, to the end of operation enduring freedom as declared by the	5802
president of the United States or the congress; March 20, 2003, to	5803
the end of operation Iraqi freedom as declared by the president of	5804
the United States or the congress; or any other period of conflict	5805
established by the United States department of veterans affairs	5806
for pension purposes;	5807

(2) Any person who was a member of the armed services of the	5808
United States and participated in an operation for which the armed	5809
forces expeditionary medal was awarded;	5810

(3) Any person who served as a member of the United States	5811
merchant marine and to whom either of the following applies:	5812

(a) The person has an honorable report of separation from the	5813
active duty military service, form DD214 or DD215.	5814

(b) The person served in the United States merchant marine	5815
between December 7, 1941, and December 31, 1946, and died on	5816
active duty while serving in a war zone during that period of	5817
service.	5818

(C) "Armed services of the United States" or "United States	5819
armed forces" includes the army, air force, navy, marine corps,	5820
coast guard, and such other military service branch as may be	5821
designated by congress as a part of the armed forces of the United	5822
States.	5823

(D) "Board" means the Ohio war orphans scholarship board	5824
created by section 5910.02 of the Revised Code.	5825

(E) "Disabled" means having a sixty per cent or greater	5826
service-connected disability or receiving benefits for permanent	5827
and total nonservice-connected disability, as determined by the	5828
United States department of veterans affairs.	5829

(F) "United States merchant marine" includes the United	5830
States army transport service and the United States naval	5831
transport service.	5832

Sec. 5910.02. There is hereby created an Ohio war orphans	5833
scholarship board as part of the department of veterans services.	5834
The board consists of eight members as follows: the chancellor of	5835
the Ohio board of regents or the chancellor's designee; the	5836
director of veterans services or the director's designee; one	5837
member of the house of representatives, appointed by the speaker;	5838
one member of the senate, appointed by the president of the	5839
senate; and four members appointed by the governor, one of whom	5840
shall be a representative of the American Legion, one of whom	5841
shall be a representative of the Veterans of Foreign Wars, one of	5842
whom shall be a representative of the Disabled American Veterans,	5843
and one of whom shall be a representative of the AMVETS. At least	5844
ninety days prior to the expiration of the term of office of the	5845
representative of a veterans organization appointed by the	5846
governor, the governor shall notify the state headquarters of the	5847
affected organization of the need for an appointment and request	5848
the organization to make at least three nominations. Within sixty	5849
days after making the request for nominations, the governor may	5850
make the appointment from the nominations received, or may reject	5851
all the nominations and request at least three new nominations,	5852
from which the governor shall make an appointment within thirty	5853
days after making the request for the new nominations. If the	5854
governor receives no nominations during this thirty-day period,	5855
the governor may appoint any veteran.	5856

Terms of office for the four members appointed by the	5857
governor shall be for four years, commencing on the first day of	5858
January and ending on the thirty-first day of December, except	5859
that the term of the AMVETS representative shall expire December	5860
31, 1998, and the new term that succeeds it shall commence on	5861
January 1, 1999, and end on December 31, 2002. Each member shall	5862
hold office from the date of the member's appointment until the	5863
end of the term for which the member was appointed. The other	5864
members shall serve during their terms of office. Any vacancy	5865
shall be filled by appointment in the same manner as by original	5866
appointment. Any member appointed to fill a vacancy occurring	5867
prior to the expiration of the term for which the member's	5868
predecessor was appointed shall hold office for the remainder of	5869
such term. Any appointed member shall continue in office	5870
subsequent to the expiration date of the member's term until the	5871
member's successor takes office, or until a period of sixty days	5872
has elapsed, whichever occurs first. The members of the board	5873
shall serve without pay but shall be reimbursed for travel	5874
expenses and for other actual and necessary expenses incurred in	5875
the performance of their duties, not to exceed ten dollars per day	5876
for ten days in any one year to be appropriated out of any moneys	5877
in the state treasury to the credit of the general revenue fund.	5878

The chancellor of the board of regents shall act as secretary	5879
to the board and shall furnish such clerical and other assistance	5880
as may be necessary to the performance of the duties of the board.	5881

The board shall determine the number of scholarships to be	5882
made available, receive applications for scholarships, pass upon	5883
the eligibility of applicants, decide which applicants are to	5884
receive scholarships, and do all other things necessary for the	5885
proper administration of this chapter.	5886

The board may apply for, and may receive and accept, grants,	5887
and may receive and accept gifts, bequests, and contributions,	5888
from public and private sources, including agencies and	5889
instrumentalities of the United States and this state, and shall	5890
deposit the grants, gifts, bequests, or contributions into the	5891
Ohio war orphans scholarship fund.	5892

Sec. 5910.07. The Ohio war orphans scholarship fund is	5893
created in the state treasury. The fund shall consist of gifts,	5894
bequests, grants, and contributions made to the fund. Investment	5895
earnings of the fund shall be deposited into the fund. The fund	5896
shall be used to operate the war orphans scholarship program and	5897
to provide grants under sections 5910.01 to 5910.06 of the Revised	5898
Code.	5899

Sec. 5919.34. (A) As used in this section:

5900

(1) "Academic term" means any one of the following:

5901

(a) Fall term, which consists of fall semester or fall	5902
quarter, as appropriate;	5903

(b) Winter term, which consists of winter semester, winter	5904
quarter, or spring semester, as appropriate;	5905

5906

(d) Summer term, which consists of summer semester or summer	5907
quarter, as appropriate.	5908

(2) "Eligible applicant" means any individual to whom all of	5909
the following apply:	5910

(a) The individual does not possess a baccalaureate degree.

5911

(b) The individual has enlisted, re-enlisted, or extended	5912
current enlistment in the Ohio national guard or is an individual	5913
to which division (F) of this section applies.	5914

(c) The individual is actively enrolled as a full-time or	5915
part-time student for at least three credit hours of course work	5916
in a semester or quarter in a two-year or four-year	5917
degree-granting program at a state institution of higher education	5918
or a private institution of higher education, or in a	5919
diploma-granting program at a state or private institution of	5920
higher education that is a school of nursing.	5921

(d) The individual has not accumulated ninety-six eligibility	5922
units under division (E) of this section.	5923

(3) "State institution of higher education" means any state	5924
university or college as defined in division (A)(1) of section	5925
3345.12 of the Revised Code, community college established under	5926
Chapter 3354. of the Revised Code, state community college	5927
established under Chapter 3358. of the Revised Code, university	5928
branch established under Chapter 3355. of the Revised Code, or	5929
technical college established under Chapter 3357. of the Revised	5930
Code.	5931

(4) "Private institution of higher education" means an Ohio	5932
institution of higher education that is nonprofit and has received	5933
a certificate of authorization pursuant to Chapter 1713. of the	5934
Revised Code, that is a private institution exempt from regulation	5935
under Chapter 3332. of the Revised Code as prescribed in section	5936
3333.046 of the Revised Code, or that holds a certificate of	5937
registration and program authorization issued by the state board	5938
of career colleges and schools pursuant to section 3332.05 of the	5939
Revised Code.	5940

(5) "Tuition" means the charges imposed to attend an	5941
institution of higher education and includes general and	5942
instructional fees. "Tuition" does not include laboratory fees,	5943
room and board, or other similar fees and charges.	5944

(B) There is hereby created a scholarship program to be known	5945
as the Ohio national guard scholarship program.	5946

(C) The adjutant general shall approve scholarships for all	5947
eligible applicants. The adjutant general shall process all	5948
applications for scholarships for each academic term in the order	5949
in which they are received. The scholarships shall be made without	5950
regard to financial need. At no time shall one person be placed in	5951
priority over another because of sex, race, or religion.	5952

(D)(1) Except as provided in divisions (I) and (J) of this	5953
section, for each academic term that an eligible applicant is	5954
approved for a scholarship under this section and either remains a	5955
current member in good standing of the Ohio national guard or is	5956
eligible for a scholarship under division (F)(1) of this section,	5957
the institution of higher education in which the applicant is	5958
enrolled shall, if the applicant's enlistment obligation extends	5959
beyond the end of that academic term or if division (F)(1) of this	5960
section applies, be paid on the applicant's behalf the applicable	5961
one of the following amounts:	5962

(a) If the institution is a state institution of higher	5963
education, an amount equal to one hundred per cent of the	5964
institution's tuition charges;	5965

(b) If the institution is a nonprofit private institution or	5966
a private institution exempt from regulation under Chapter 3332.	5967
of the Revised Code as prescribed in section 3333.046 of the	5968
Revised Code, an amount equal to one hundred per cent of the	5969
average tuition charges of all state universities;	5970

(c) If the institution is an institution that holds a	5971
certificate of registration from the state board of career	5972
colleges and schools, the lesser of the following:	5973

(i) An amount equal to one hundred per cent of the	5974
institution's tuition;	5975

(ii) An amount equal to one hundred per cent of the average	5976
tuition charges of all state universities, as that term is defined	5977
in section 3345.011 of the Revised Code.	5978

(2) An eligible applicant's scholarship shall not be reduced	5979
by the amount of that applicant's benefits under "the Montgomery	5980
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	5981

(E) A scholarship recipient under this section shall be	5982
entitled to receive scholarships under this section for the number	5983
of quarters or semesters it takes the recipient to accumulate	5984
ninety-six eligibility units as determined under divisions (E)(1)	5985
to (3) of this section.	5986

(1) To determine the maximum number of semesters or quarters	5987
for which a recipient is entitled to a scholarship under this	5988
section, the adjutant general shall convert a recipient's credit	5989
hours of enrollment for each academic term into eligibility units	5990
in accordance with the following table:	5991

		The			5992
Number of		following		The following	5993
credit hours		number of		number of	5994
of enrollment		eligibility		eligibility	5995
in an academic		units if a		units if a	5996
term	equals	semester	or	quarter	5997
					5998
12 or more hours		12 units		8 units	5999
9 but less than 12		9 units		6 units	6000
6 but less than 9		6 units		4 units	6001
3 but less than 6		3 units		2 units	6002

(2) A scholarship recipient under this section may continue	6003
to apply for scholarships under this section until the recipient	6004
has accumulated ninety-six eligibility units.	6005

(3) If a scholarship recipient withdraws from courses prior	6006
to the end of an academic term so that the recipient's enrollment	6007
for that academic term is less than three credit hours, no	6008
scholarship shall be paid on behalf of that person for that	6009
academic term. Except as provided in division (F)(3) of this	6010
section, if a scholarship has already been paid on behalf of the	6011
person for that academic term, the adjutant general shall add to	6012
that person's accumulated eligibility units the number of	6013
eligibility units for which the scholarship was paid.	6014

(F) This division applies to any eligible applicant called	6015
into active duty on or after September 11, 2001. As used in this	6016
division, "active duty" means active duty pursuant to an executive	6017
order of the president of the United States, an act of the	6018
congress of the United States, or section 5919.29 or 5923.21 of	6019
the Revised Code.	6020

(1) For a period of up to five years from when an	6021
individual's enlistment obligation in the Ohio national guard	6022
ends, an individual to whom this division applies is eligible for	6023
scholarships under this section for those academic terms that were	6024
missed or could have been missed as a result of the individual's	6025
call into active duty. Scholarships shall not be paid for the	6026
academic term in which an eligible applicant's enlistment	6027
obligation ends unless an applicant is eligible under this	6028
division for a scholarship for such academic term due to previous	6029
active duty.	6030

(2) When an individual to whom this division applies	6031
withdraws or otherwise fails to complete courses, for which	6032
scholarships have been awarded under this section, because the	6033
individual was called into active duty, the institution of higher	6034
education shall grant the individual a leave of absence from the	6035
individual's education program and shall not impose any academic	6036
penalty for such withdrawal or failure to complete courses.	6037
Division (F)(2) of this section applies regardless of whether or	6038
not the scholarship amount was paid to the institution of higher	6039
education.	6040

(3) If an individual to whom this division applies withdraws	6041
or otherwise fails to complete courses because the individual was	6042
called into active duty, and if scholarships for those courses	6043
have already been paid, either:	6044

(a) The adjutant general shall not add to that person's	6045
accumulated eligibility units calculated under division (E) of	6046
this section the number of eligibility units for the academic	6047
courses or term for which the scholarship was paid and the	6048
institution of higher education shall repay the scholarship amount	6049
to the state.	6050

(b) The adjutant general shall add to that individual's	6051
accumulated eligibility units calculated under division (E) of	6052
this section the number of eligibility units for the academic	6053
courses or term for which the scholarship was paid if the	6054
institution of higher education agrees to permit the individual to	6055
complete the remainder of the academic courses in which the	6056
individual was enrolled at the time the individual was called into	6057
active duty.	6058

(4) No individual who is discharged from the Ohio national	6059
guard under other than honorable conditions shall be eligible for	6060
scholarships under this division.	6061

(G) A scholarship recipient under this section who fails to	6062
complete the term of enlistment, re-enlistment, or extension of	6063
current enlistment the recipient was serving at the time a	6064
scholarship was paid on behalf of the recipient under this section	6065
is liable to the state for repayment of a percentage of all Ohio	6066
national guard scholarships paid on behalf of the recipient under	6067
this section, plus interest at the rate of ten per cent per annum	6068
calculated from the dates the scholarships were paid. This	6069
percentage shall equal the percentage of the current term of	6070
enlistment, re-enlistment, or extension of enlistment a recipient	6071
has not completed as of the date the recipient is discharged from	6072
the Ohio national guard.	6073

The attorney general may commence a civil action on behalf of	6074
the chancellor of the Ohio board of regents to recover the amount	6075
of the scholarships and the interest provided for in this division	6076
and the expenses incurred in prosecuting the action, including	6077
court costs and reasonable attorney's fees. A scholarship	6078
recipient is not liable under this division if the recipient's	6079
failure to complete the term of enlistment being served at the	6080
time a scholarship was paid on behalf of the recipient under this	6081
section is due to the recipient's death or discharge from the	6082
national guard due to disability.	6083

(H) On or before the first day of each academic term, the	6084
adjutant general shall provide an eligibility roster to the	6085
chancellor and to each institution of higher education at which	6086
one or more scholarship recipients have applied for enrollment.	6087
The institution shall use the roster to certify the actual	6088
full-time or part-time enrollment of each scholarship recipient	6089
listed as enrolled at the institution and return the roster to the	6090
adjutant general and the chancellor. Except as provided in	6091
division (J) of this section, the chancellor shall provide for	6092
payment of the appropriate number and amount of scholarships to	6093
each institution of higher education pursuant to division (D) of	6094
this section. If an institution of higher education fails to	6095
certify the actual enrollment of a scholarship recipient listed as	6096
enrolled at the institution within thirty days of the end of an	6097
academic term, the institution shall not be eligible to receive	6098
payment from the Ohio national guard scholarship program or from	6099
the individual enrollee. The adjutant general shall report on a	6100
~~semi-annual~~semiannual basis to the director of budget and	6101
management, the speaker of the house of representatives, the	6102
president of the senate, and the chancellor the number of Ohio	6103
national guard scholarship recipients, the size of the	6104
scholarship-eligible population, and a projection of the cost of	6105
the program for the remainder of the biennium.	6106

(I) The chancellor and the adjutant general may adopt rules	6107
pursuant to Chapter 119. of the Revised Code governing the	6108
administration and fiscal management of the Ohio national guard	6109
scholarship program and the procedure by which the chancellor and	6110
the department of the adjutant general may modify the amount of	6111
scholarships a member receives based on the amount of other state	6112
financial aid a member receives.	6113

(J) The adjutant general, the chancellor, and the director,	6114
or their designees, shall jointly estimate the costs of the Ohio	6115
national guard scholarship program for each upcoming fiscal	6116
biennium, and shall report that estimate prior to the beginning of	6117
the fiscal biennium to the chairpersons of the finance committees	6118
in the general assembly. During each fiscal year of the biennium,	6119
the adjutant general, the chancellor, and the director, or their	6120
designees, shall meet regularly to monitor the actual costs of the	6121
Ohio national guard scholarship program and update cost	6122
projections for the remainder of the biennium as necessary. If the	6123
amounts appropriated for the Ohio national guard scholarship	6124
program and any funds in the Ohio national guard scholarship	6125
reserve fund are not adequate to provide scholarships in the	6126
amounts specified in division (D)(1) of this section for all	6127
eligible applicants, the chancellor shall do all of the following:	6128

(1) Notify each private institution of higher education,	6129
where a scholarship recipient is enrolled, that, by accepting the	6130
Ohio national guard scholarship program as payment for all or part	6131
of the institution's tuition, the institution agrees that if the	6132
chancellor reduces the amount of each scholarship, the institution	6133
shall provide each scholarship recipient a grant or tuition waiver	6134
in an amount equal to the amount the recipient's scholarship was	6135
reduced by the chancellor.	6136

(2) Reduce the amount of each scholarship under division	6137
(D)(1)(a) of this section proportionally based on the amount of	6138
remaining available funds. Each state institution of higher	6139
education shall provide each scholarship recipient under division	6140
(D)(1)(a) of this section a grant or tuition waiver in an amount	6141
equal to the amount the recipient's scholarship was reduced by the	6142
chancellor.	6143

(K) Notwithstanding division (A) of section 127.14 of the	6144
Revised Code, the controlling board shall not transfer all or part	6145
of any appropriation for the Ohio national guard scholarship	6146
program.	6147

(L) The chancellor and the adjutant general may apply for,	6148
and may receive and accept grants, and may receive and accept	6149
gifts, bequests, and contributions, from public and private	6150
sources, including agencies and instrumentalities of the United	6151
States and this state, and shall deposit the grants, gifts,	6152
bequests, or contributions into the national guard scholarship	6153
reserve fund.	6154

Section 2. That existing sections 3301.079, 3301.0710,	6155
3301.0711, 3301.0714, 3301.0715, 3302.01, 3302.02, 3302.021,	6156
3302.03, 3302.033, 3302.04, 3302.041, 3302.05, 3302.10, 3302.12,	6157
3302.20, 3302.21, 3310.03, 3310.06, 3311.741, 3311.80, 3313.473,	6158
3313.608, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016,	6159
3314.02, 3314.05, 3314.35, 3314.36, 3314.37, 3317.081, 3319.11,	6160
3319.111, 3319.112, 3319.58, 3326.03, 3333.041, 3333.048,	6161
3333.391, 5910.01, 5910.02, and 5919.34 of the Revised Code are	6162
hereby repealed.	6163

Section 3. As Ohio prepares to transition to the more	6164
rigorous Common Core State Standards that are scheduled to be	6165
fully implemented in the 2014-2015 school year, it is the intent	6166
of the General Assembly to put a new accountability system in	6167
place to help prepare the state's students, parents, schools, and	6168
communities for the increased demands of a 21st Century education	6169
and to assure that our youngest students are provided the skills	6170
to successfully progress through our primary and secondary	6171
education system as evidenced by an emphasis on early literacy.	6172
The General Assembly intends that the system created in this act	6173
will assist our schools in the move to the Common Core through a	6174
comprehensive, data-driven evaluation system that can lead to	6175
academic excellence in schools across Ohio and will focus on the	6176
goal of assuring that all of our children graduate from high	6177
school adequately prepared to be successful in college or in the	6178
career of their choice. Further, the General Assembly intends that	6179
the system will pay special attention to closing the achievement	6180
gap that historically has left too many of our students behind.	6181

Section 4. Not later than August 31, 2013, the state board of	6182
education shall submit to the General Assembly under section	6183
101.68 of the Revised Code recommendations for a comprehensive	6184
statewide plan to intervene directly in and improve the	6185
performance of persistently poor performing schools and school	6186
districts. For purposes of fulfilling the requirements of this	6187
section, "persistently poor performing schools and school	6188
districts" means any of the following:	6189

(A) Priority schools and focus schools as defined by the	6190
Elementary and Secondary Education Act waiver issued by the United	6191
States Department of Education under the No Child Left Behind Act	6192
of 2001;	6193

(B) Schools and school districts that have been in school	6194
improvement status as defined by the United States Department of	6195
Education for four of the five most recent school years;	6196

(C) Schools and school districts whose performance index	6197
score places them in the bottom five per cent of schools statewide	6198
for three of the five most recent school years;	6199

(D) Schools and school districts that have a value-added	6200
progress dimension grade of "F" for three of the five most recent	6201
school years under section 3302.03 of the Revised Code, as amended	6202
by this act, or the equivalent measure.	6203

Section 5. Not later than December 31, 2013, the Department	6204
of Education shall review the additional information included on	6205
the school district and building report cards described in	6206
division (H) of section 3302.03 of the Revised Code, as amended by	6207
this act, and shall submit to the Governor and the General	6208
Assembly, in accordance with section 101.68 of the Revised Code,	6209
recommendations for revisions to make the report cards easier to	6210
read and understand.	6211

Section 6. (A) Not later than March 31, 2013, the State Board	6212
of Education shall submit to the General Assembly in accordance	6213
with section 101.68 of the Revised Code recommendations to create	6214
a one-year safe harbor for districts and schools for the first	6215
year that the assessments developed by the Partnership for	6216
Assessment of Readiness for College and Careers are administered	6217
in this state as achievement assessments under section 3301.0710	6218
or 3301.0712 of the Revised Code, or in replacement of those	6219
assessments. The recommendations shall include a method to exempt	6220
from sanctions and penalties prescribed by law, based on report	6221
card ratings, school districts, buildings operated by districts,	6222
community schools, STEM schools, and college preparatory boarding	6223
schools that have a decline in performance index score that is	6224
within two standard errors of measure below the Ohio statewide	6225
average decline in performance index score when compared to the	6226
performance index score from the previous year as determined by	6227
the Department of Education. However, districts or schools that	6228
have received an "F" for performance index score on the report	6229
card issued for the previous school year shall not be eligible for	6230
the exemption.	6231

(B) The recommendations shall specify that for those	6232
districts and schools to which the exemption applies, for purposes	6233
of determining whether a district or school is subject to any	6234
sanctions or penalties, the year that the assessments developed by	6235
the Partnership for Assessment of Readiness for College and	6236
Careers are first administered in this state shall not be	6237
considered.	6238

However, the ratings of any previous or subsequent years	6239
shall be considered in determining whether a school district or	6240
building is subject to sanctions or penalties. Accordingly, the	6241
ratings for the year that the assessments developed by the	6242
Partnership for Assessment of Readiness for College and Careers	6243
are first administered shall have no effect in determining	6244
sanctions or penalties, but shall not create a new starting point	6245
for determinations that are based on ratings over multiple years.	6246

(C) The recommendations shall include the provisions from	6247
which an applicable district or building would be exempt,	6248
including, but not limited to, the following:	6249

(1) Any restructuring provisions established under Chapter	6250
3302. of the Revised Code, except as required under the "No Child	6251
Left Behind Act of 2001";	6252

(2) Provisions for academic distress commissions under	6253
section 3302.10 of the Revised Code;	6254

(3) Provisions prescribing new buildings where students are	6255
eligible for the Educational Choice Scholarships under section	6256
3310.03 of the Revised Code;	6257

(4) Provisions defining "challenged school districts" in	6258
which new start-up community schools may be located, as prescribed	6259
in section 3314.02 of the Revised Code;	6260

(5) Provisions prescribing community school closure	6261
requirements under section 3314.35 of the Revised Code.	6262

Section 7. The amendment of section 3314.016 of the Revised	6263
Code shall take effect January 1, 2015.	6264

Section 8. For purposes of preparing to implement the	6265
community school sponsor rating system prescribed by section	6266
3314.016 of the Revised Code, as amended by this act, not later	6267
than March 31, 2013, the Department of Education, in consultation	6268
with entities that sponsor community schools, shall prescribe	6269
quality practices for community school sponsors, develop an	6270
instrument to measure adherence to those quality practices, and	6271
publish the quality practices and instrument, so that they are	6272
available to entities that sponsor community schools prior to	6273
their implementation. The quality practices developed under this	6274
section shall be based on standards developed by the National	6275
Association of Charter School Authorizers or any other nationally	6276
organized community school organization.	6277

Section 9. That Section 267.10.90 of Am. Sub. H.B. 153 of the	6278
129th General Assembly, as amended by Am. Sub. S.B. 316 of the	6279
129th General Assembly, be amended to read as follows:	6280

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	6281
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	6282
Revised Code, the administration of the English language arts	6283
assessments for elementary grades as a replacement for the	6284
separate reading and writing assessments prescribed by sections	6285
3301.0710 and 3301.0711 of the Revised Code, as those sections	6286
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	6287
shall not be required until a date prescribed by rule of the State	6288
Board of Education. Until that date, the Department of Education	6289
and school districts and schools shall continue to administer	6290
separate reading assessments for elementary grades, as prescribed	6291
by the versions of sections 3301.0710 and 3301.0711 of the Revised	6292
Code that were in effect prior to the effective date of Section	6293
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	6294
intent for delaying implementation of the replacement English	6295
language arts assessment is to provide adequate time for the	6296
complete development of the new assessment.	6297

(B) ~~Notwithstanding anything to the contrary in section~~	6298
~~3301.0710 of the Revised Code, the State Board shall not prescribe~~	6299
~~the three ranges of scores for the assessments prescribed by~~	6300
~~division (A)(2) of section 3301.0710 of the Revised Code, as~~	6301
~~amended by Am. Sub. H.B. 1 of the 128th General Assembly, until~~	6302
~~the Board adopts the rule required by division (A) of this~~	6303
~~section. Until that date, the Board shall continue to prescribe~~	6304
~~the five ranges of scores required by the version of section~~	6305
~~3301.0710 of the Revised Code in effect prior to the effective~~	6306
~~date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General~~	6307
~~Assembly, and the range of scores designated by the State Board as~~	6308
~~a proficient level of skill remains the passing score on the Ohio~~	6309
~~Graduation Tests for purposes of sections 3313.61, 3313.611,~~	6310
~~3313.612, and 3325.08 of the Revised Code.~~	6311

~~(C)~~ Not later than December 31, 2013, the State Board shall	6312
submit to the General Assembly recommended changes to divisions	6313
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary	6314
to successfully implement the common core curriculum and	6315
assessments in the 2014-2015 school year.	6316

~~(D)~~(C) This section is not subject to expiration after June	6317
30, 2013, under Section 809.10 of this act.	6318

Section 10. That existing Section 267.10.90 of Am. Sub. H.B.	6319
153 of the 129th General Assembly, as amended by Am. Sub. S.B. 316	6320
of the 129th General Assembly, is hereby repealed.	6321

Section 11. The General Assembly, applying the principle	6322
stated in division (B) of section 1.52 of the Revised Code that	6323
amendments are to be harmonized if reasonably capable of	6324
simultaneous operation, finds that the following sections,	6325
presented in this act as composites of the sections as amended by	6326
the acts indicated, are the resulting versions of the sections in	6327
effect prior to the effective date of the sections as presented in	6328
this act:	6329

Section 3301.0714 of the Revised Code as amended by both Am.	6330
Sub. H.B. 386 and Am. Sub. S.B. 316 of the 129th General Assembly.	6331

Section 3302.03 of the Revised Code as amended by both Sub.	6332
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	6333

Section 3319.112 of the Revised Code as amended by both Sub.	6334
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	6335

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Bill Text: OH HB555 | 2011-2012 | 129th General Assembly | Engrossed

Ohio House Bill 555 (Prior Session Legislation)

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