Bill Text: OH SB167 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To revise the performance ratings for school districts and buildings.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Engrossed - Dead) 2009-12-02 - Passed 3rd Consideration House [SB167 Detail]

Download: Ohio-2009-SB167-Engrossed.html

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As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. S. B. No. 167

Senator Cates 

Cosponsors: Senators Jones, Hughes, Seitz, Husted, Schuring, Carey, Buehrer, Faber, Gibbs, Grendell, Harris, Niehaus, Wagoner 

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A BILL

To amend section 3302.03 of the Revised Code to

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revise the performance ratings for school

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districts and buildings.

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

Section 1. That section 3302.03 of the Revised Code be	4
amended to read as follows:	5

Sec. 3302.03.  (A) Annually the department of education shall	6
report for each school district and each school building in a	7
district all of the following:	8

(1) The extent to which the school district or building meets	9
each of the applicable performance indicators created by the state	10
board of education under section 3302.02 of the Revised Code and	11
the number of applicable performance indicators that have been	12
achieved;	13

(2) The performance index score of the school district or	14
building;	15

(3) Whether the school district or building has made adequate	16
yearly progress;	17

(4) Whether the school district or building is excellent,	18
effective, needs continuous improvement, is under an academic	19
watch, or is in a state of academic emergency.	20

(B) Except as otherwise provided in divisionsdivision (B)(6)	21
and (7) of this section:	22

(1) A school district or building shall be declared excellent	23
if it fulfills one of the following requirements:	24

(a) It makes adequate yearly progress and either meets at	25
least ninety-four per cent of the applicable state performance	26
indicators or has a performance index score established by the	27
department.	28

(b) It has failed to make adequate yearly progress for not	29
more than two consecutive years and either meets at least	30
ninety-four per cent of the applicable state performance	31
indicators or has a performance index score established by the	32
department, except that if it does not make adequate yearly	33
progress for two or more of the same subgroups for three or more	34
consecutive years, it shall be declared effective.	35

(2) A school district or building shall be declared effective	36
if it fulfills one of the following requirements:	37

(a) It makes adequate yearly progress and either meets at	38
least seventy-five per cent but less than ninety-four per cent of	39
the applicable state performance indicators or has a performance	40
index score established by the department.	41

(b) It does not make adequate yearly progress and either	42
meets at least seventy-five per cent of the applicable state	43
performance indicators or has a performance index score	44
established by the department, except that if it does not make	45
adequate yearly progress for two or more of the same subgroups for	46
three or more consecutive years, it shall be declared in need of	47
continuous improvement.	48

(3) A school district or building shall be declared to be in	49
need of continuous improvement if it fulfills one of the following	50
requirements:	51

(a) It makes adequate yearly progress, meets less than	52
seventy-five per cent of the applicable state performance	53
indicators, and has a performance index score established by the	54
department.	55

(b) It does not make adequate yearly progress and either	56
meets at least fifty per cent but less than seventy-five per cent	57
of the applicable state performance indicators or has a	58
performance index score established by the department.	59

(4) A school district or building shall be declared to be	60
under an academic watch if it does not make adequate yearly	61
progress and either meets at least thirty-one per cent but less	62
than fifty per cent of the applicable state performance	63
indicators or has a performance index score established by the	64
department.	65

(5) A school district or building shall be declared to be in	66
a state of academic emergency if it does not make adequate yearly	67
progress, does not meet at least thirty-one per cent of the	68
applicable state performance indicators, and has a performance	69
index score established by the department.	70

(6) When designating performance ratings for school districts	71
and buildings under divisions (B)(1) to (5) of this section, the	72
department shall not assign a school district or building a lower	73
designation from its previous year's designation based solely on	74
one subgroup not making adequate yearly progress.	75

(7) Division (B)(7)(6) of this section does not apply to any	76
community school established under Chapter 3314. of the Revised	77
Code in which a majority of the students are enrolled in a dropout	78
prevention and recovery program.	79

A school district or building shall not be assigned a higher	80
performance rating than in need of continuous improvement if at	81
least ten per cent but not more than fifteen per cent of the	82
enrolled students do not take all achievement assessments	83
prescribed for their grade level under division (A)(1) or (B)(1)	84
of section 3301.0710 of the Revised Code from which they are	85
not excused pursuant to division (C)(1) or (3) of section	86
3301.0711 of the Revised Code. A school district or building	87
shall not be assigned a higher performance rating than under an	88
academic watch if more than fifteen per cent but not more than	89
twenty per cent of the enrolled students do not take all	90
achievement assessments prescribed for their grade level under	91
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	92
Code from which they are not excused pursuant to division	93
(C)(1) or (3) of section 3301.0711 of the Revised Code. A	94
school district or building shall not be assigned a higher	95
performance rating than in a state of academic emergency if more	96
than twenty per cent of the enrolled students do not take all	97
achievement assessments prescribed for their grade level under	98
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	99
Code from which they are not excused pursuant to division	100
(C)(1) or (3) of section 3301.0711 of the Revised Code.	101

(C)(1) The department shall issue annual report cards for	102
each school district, each building within each district, and for	103
the state as a whole reflecting performance on the indicators	104
created by the state board under section 3302.02 of the Revised	105
Code, the performance index score, and adequate yearly progress.	106

(2) The department shall include on the report card for each	107
district information pertaining to any change from the previous	108
year made by the school district or school buildings within the	109
district on any performance indicator.	110

(3) When reporting data on student performance, the	111
department shall disaggregate that data according to the following	112
categories:	113

(a) Performance of students by age group;

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

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(c) Performance of students by gender;

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(d) Performance of students grouped by those who have been	117
enrolled in a district or school for three or more years;	118

(e) Performance of students grouped by those who have been	119
enrolled in a district or school for more than one year and less	120
than three years;	121

(f) Performance of students grouped by those who have been	122
enrolled in a district or school for one year or less;	123

(g) Performance of students grouped by those who are	124
economically disadvantaged;	125

(h) Performance of students grouped by those who are enrolled	126
in a conversion community school established under Chapter 3314.	127
of the Revised Code;	128

(i) Performance of students grouped by those who are	129
classified as limited English proficient;	130

(j) Performance of students grouped by those who have	131
disabilities;	132

(k) Performance of students grouped by those who are	133
classified as migrants;	134

(l) Performance of students grouped by those who are	135
identified as gifted pursuant to Chapter 3324. of the Revised	136
Code.	137

The department may disaggregate data on student performance	138
according to other categories that the department determines are	139
appropriate. To the extent possible, the department shall	140
disaggregate data on student performance according to any	141
combinations of two or more of the categories listed in divisions	142
(C)(3)(a) to (l) of this section that it deems relevant.	143

In reporting data pursuant to division (C)(3) of this	144
section, the department shall not include in the report cards any	145
data statistical in nature that is statistically unreliable or	146
that could result in the identification of individual students.	147
For this purpose, the department shall not report student	148
performance data for any group identified in division (C)(3) of	149
this section that contains less than ten students.	150

(4) The department may include with the report cards any	151
additional education and fiscal performance data it deems	152
valuable.	153

(5) The department shall include on each report card a list	154
of additional information collected by the department that is	155
available regarding the district or building for which the report	156
card is issued. When available, such additional information shall	157
include student mobility data disaggregated by race and	158
socioeconomic status, college enrollment data, and the reports	159
prepared under section 3302.031 of the Revised Code.	160

The department shall maintain a site on the world wide web.	161
The report card shall include the address of the site and shall	162
specify that such additional information is available to the	163
public at that site. The department shall also provide a copy of	164
each item on the list to the superintendent of each school	165
district. The district superintendent shall provide a copy of any	166
item on the list to anyone who requests it.	167

(6)(a) This division does not apply to conversion community	168
schools that primarily enroll students between sixteen and	169
twenty-two years of age who dropped out of high school or are at	170
risk of dropping out of high school due to poor attendance,	171
disciplinary problems, or suspensions.	172

For any district that sponsors a conversion community school	173
under Chapter 3314. of the Revised Code, the department shall	174
combine data regarding the academic performance of students	175
enrolled in the community school with comparable data from the	176
schools of the district for the purpose of calculating the	177
performance of the district as a whole on the report card issued	178
for the district.	179

(b) Any district that leases a building to a community school	180
located in the district or that enters into an agreement with a	181
community school located in the district whereby the district and	182
the school endorse each other's programs may elect to have data	183
regarding the academic performance of students enrolled in the	184
community school combined with comparable data from the schools of	185
the district for the purpose of calculating the performance of the	186
district as a whole on the district report card. Any district that	187
so elects shall annually file a copy of the lease or agreement	188
with the department.	189

(7) The department shall include on each report card the	190
percentage of teachers in the district or building who are highly	191
qualified, as defined by the "No Child Left Behind Act of 2001,"	192
and a comparison of that percentage with the percentages of such	193
teachers in similar districts and buildings.	194

(8) The department shall include on the report card the	195
number of lead teachers employed by each district and each	196
building once the data is available from the education management	197
information system established under section 3301.0714 of the	198
Revised Code.	199

(D)(1) In calculating English language arts, mathematics,	200
social studies, or science assessment passage rates used to	201
determine school district or building performance under this	202
section, the department shall include all students taking an	203
assessment with accommodation or to whom an alternate assessment	204
is administered pursuant to division (C)(1) or (3) of section	205
3301.0711 of the Revised Code.	206

(2) In calculating performance index scores, rates of	207
achievement on the performance indicators established by the state	208
board under section 3302.02 of the Revised Code, and adequate	209
yearly progress for school districts and buildings under this	210
section, the department shall do all of the following:	211

(a) Include for each district or building only those students	212
who are included in the ADM certified for the first full school	213
week of October and are continuously enrolled in the district or	214
building through the time of the spring administration of any	215
assessment prescribed by division (A)(1) or (B)(1) of section	216
3301.0710 of the Revised Code that is administered to the	217
student's grade level;	218

(b) Include cumulative totals from both the fall and spring	219
administrations of the third grade English language arts	220
achievement assessment;	221

(c) Except as required by the "No Child Left Behind Act of	222
2001" for the calculation of adequate yearly progress, exclude for	223
each district or building any limited English proficient student	224
who has been enrolled in United States schools for less than one	225
full school year.	226

Section 2. That existing section 3302.03 of the Revised Code	227
is hereby repealed.	228