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To amend sections 133.06, 921.06, 3301.0714, | 1 |
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, | 2 |
3313.6013, 3313.6016, 3313.90, 3314.08, 3317.03, | 3 |
3319.22, 3319.26, 3321.03, 3321.04, 3321.07, | 4 |
3321.08, 3321.09, 3324.07, 3326.36, 3328.24, | 5 |
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, | 6 |
3345.06, 3365.04, 3365.041, 3365.05, 3365.06, | 7 |
3365.08, and 3365.11; to amend, for the purpose of | 8 |
adopting new section numbers as indicated in | 9 |
parentheses, sections 3365.04 (3365.06), 3365.041 | 10 |
(3365.032), 3365.05 (3365.12), 3365.06 (3365.031), | 11 |
and 3365.11 (3365.09); to enact new sections | 12 |
3313.6015, 3365.01, 3365.02, 3365.03, 3365.04, | 13 |
3365.05, 3365.07, 3365.10, 3365.11, and 3365.15 | 14 |
and sections 3365.071 and 3365.13; and to repeal | 15 |
sections 3313.6015, 3345.062, 3365.01, 3365.02, | 16 |
3365.021, 3365.022, 3365.03, 3365.07, 3365.09, | 17 |
3365.10, 3365.12, and 3365.15 of the Revised Code | 18 |
with regard to education provisions for students | 19 |
in grades kindergarten through twelve. | 20 |
Section 1. That sections 133.06, 921.06, 3301.0714, | 21 |
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, | 22 |
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03, | 23 |
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24, | 24 |
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04, | 25 |
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 be amended; | 26 |
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05 | 27 |
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended | 28 |
for the purpose of adopting new section numbers as indicated in | 29 |
parentheses; and new sections 3313.6015, 3365.01, 3365.02, | 30 |
3365.03, 3365.04, 3365.05, 3365.07, 3365.10, 3365.11, and 3365.15 | 31 |
and sections 3365.071 and 3365.13 of the Revised Code be enacted | 32 |
to read as follows: | 33 |
Sec. 133.06. (A) A school district shall not incur, without | 34 |
a vote of the electors, net indebtedness that exceeds an amount | 35 |
equal to one-tenth of one per cent of its tax valuation, except as | 36 |
provided in divisions (G) and (H) of this section and in division | 37 |
(C) of section 3313.372 of the Revised Code, or as prescribed in | 38 |
section 3318.052 or 3318.44 of the Revised Code, or as provided in | 39 |
division (J) of this section. | 40 |
(B) Except as provided in divisions (E), (F), and (I) of this | 41 |
section, a school district shall not incur net indebtedness that | 42 |
exceeds an amount equal to nine per cent of its tax valuation. | 43 |
(C) A school district shall not submit to a vote of the | 44 |
electors the question of the issuance of securities in an amount | 45 |
that will make the district's net indebtedness after the issuance | 46 |
of the securities exceed an amount equal to four per cent of its | 47 |
tax valuation, unless the superintendent of public instruction, | 48 |
acting under policies adopted by the state board of education, and | 49 |
the tax commissioner, acting under written policies of the | 50 |
commissioner, consent to the submission. A request for the | 51 |
consents shall be made at least one hundred twenty days prior to | 52 |
the election at which the question is to be submitted. | 53 |
The superintendent of public instruction shall certify to the | 54 |
district the superintendent's and the tax commissioner's decisions | 55 |
within thirty days after receipt of the request for consents. | 56 |
If the electors do not approve the issuance of securities at | 57 |
the election for which the superintendent of public instruction | 58 |
and tax commissioner consented to the submission of the question, | 59 |
the school district may submit the same question to the electors | 60 |
on the date that the next special election may be held under | 61 |
section 3501.01 of the Revised Code without submitting a new | 62 |
request for consent. If the school district seeks to submit the | 63 |
same question at any other subsequent election, the district shall | 64 |
first submit a new request for consent in accordance with this | 65 |
division. | 66 |
(D) In calculating the net indebtedness of a school district, | 67 |
none of the following shall be considered: | 68 |
(1) Securities issued to acquire school buses and other | 69 |
equipment used in transporting pupils or issued pursuant to | 70 |
division (D) of section 133.10 of the Revised Code; | 71 |
(2) Securities issued under division (F) of this section, | 72 |
under section 133.301 of the Revised Code, and, to the extent in | 73 |
excess of the limitation stated in division (B) of this section, | 74 |
under division (E) of this section; | 75 |
(3) Indebtedness resulting from the dissolution of a joint | 76 |
vocational school district under section 3311.217 of the Revised | 77 |
Code, evidenced by outstanding securities of that joint vocational | 78 |
school district; | 79 |
(4) Loans, evidenced by any securities, received under | 80 |
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code; | 81 |
(5) Debt incurred under section 3313.374 of the Revised Code; | 82 |
(6) Debt incurred pursuant to division (B)(5) of section | 83 |
3313.37 of the Revised Code to acquire computers and related | 84 |
hardware; | 85 |
(7) Debt incurred under section 3318.042 of the Revised Code. | 86 |
(E) A school district may become a special needs district as | 87 |
to certain securities as provided in division (E) of this section. | 88 |
(1) A board of education, by resolution, may declare its | 89 |
school district to be a special needs district by determining both | 90 |
of the following: | 91 |
(a) The student population is not being adequately serviced | 92 |
by the existing permanent improvements of the district. | 93 |
(b) The district cannot obtain sufficient funds by the | 94 |
issuance of securities within the limitation of division (B) of | 95 |
this section to provide additional or improved needed permanent | 96 |
improvements in time to meet the needs. | 97 |
(2) The board of education shall certify a copy of that | 98 |
resolution to the superintendent of public instruction with a | 99 |
statistical report showing all of the following: | 100 |
(a) The history of and a projection of the growth of the tax | 101 |
valuation; | 102 |
(b) The projected needs; | 103 |
(c) The estimated cost of permanent improvements proposed to | 104 |
meet such projected needs. | 105 |
(3) The superintendent of public instruction shall certify | 106 |
the district as an approved special needs district if the | 107 |
superintendent finds both of the following: | 108 |
(a) The district does not have available sufficient | 109 |
additional funds from state or federal sources to meet the | 110 |
projected needs. | 111 |
(b) The projection of the potential average growth of tax | 112 |
valuation during the next five years, according to the information | 113 |
certified to the superintendent and any other information the | 114 |
superintendent obtains, indicates a likelihood of potential | 115 |
average growth of tax valuation of the district during the next | 116 |
five years of an average of not less than one and one-half per | 117 |
cent per year. The findings and certification of the | 118 |
superintendent shall be conclusive. | 119 |
(4) An approved special needs district may incur net | 120 |
indebtedness by the issuance of securities in accordance with the | 121 |
provisions of this chapter in an amount that does not exceed an | 122 |
amount equal to the greater of the following: | 123 |
(a) Twelve per cent of the sum of its tax valuation plus an | 124 |
amount that is the product of multiplying that tax valuation by | 125 |
the percentage by which the tax valuation has increased over the | 126 |
tax valuation on the first day of the sixtieth month preceding the | 127 |
month in which its board determines to submit to the electors the | 128 |
question of issuing the proposed securities; | 129 |
(b) Twelve per cent of the sum of its tax valuation plus an | 130 |
amount that is the product of multiplying that tax valuation by | 131 |
the percentage, determined by the superintendent of public | 132 |
instruction, by which that tax valuation is projected to increase | 133 |
during the next ten years. | 134 |
(F) A school district may issue securities for emergency | 135 |
purposes, in a principal amount that does not exceed an amount | 136 |
equal to three per cent of its tax valuation, as provided in this | 137 |
division. | 138 |
(1) A board of education, by resolution, may declare an | 139 |
emergency if it determines both of the following: | 140 |
(a) School buildings or other necessary school facilities in | 141 |
the district have been wholly or partially destroyed, or condemned | 142 |
by a constituted public authority, or that such buildings or | 143 |
facilities are partially constructed, or so constructed or planned | 144 |
as to require additions and improvements to them before the | 145 |
buildings or facilities are usable for their intended purpose, or | 146 |
that corrections to permanent improvements are necessary to remove | 147 |
or prevent health or safety hazards. | 148 |
(b) Existing fiscal and net indebtedness limitations make | 149 |
adequate replacement, additions, or improvements impossible. | 150 |
(2) Upon the declaration of an emergency, the board of | 151 |
education may, by resolution, submit to the electors of the | 152 |
district pursuant to section 133.18 of the Revised Code the | 153 |
question of issuing securities for the purpose of paying the cost, | 154 |
in excess of any insurance or condemnation proceeds received by | 155 |
the district, of permanent improvements to respond to the | 156 |
emergency need. | 157 |
(3) The procedures for the election shall be as provided in | 158 |
section 133.18 of the Revised Code, except that: | 159 |
(a) The form of the ballot shall describe the emergency | 160 |
existing, refer to this division as the authority under which the | 161 |
emergency is declared, and state that the amount of the proposed | 162 |
securities exceeds the limitations prescribed by division (B) of | 163 |
this section; | 164 |
(b) The resolution required by division (B) of section 133.18 | 165 |
of the Revised Code shall be certified to the county auditor and | 166 |
the board of elections at least one hundred days prior to the | 167 |
election; | 168 |
(c) The county auditor shall advise and, not later than | 169 |
ninety-five days before the election, confirm that advice by | 170 |
certification to, the board of education of the information | 171 |
required by division (C) of section 133.18 of the Revised Code; | 172 |
(d) The board of education shall then certify its resolution | 173 |
and the information required by division (D) of section 133.18 of | 174 |
the Revised Code to the board of elections not less than ninety | 175 |
days prior to the election. | 176 |
(4) Notwithstanding division (B) of section 133.21 of the | 177 |
Revised Code, the first principal payment of securities issued | 178 |
under this division may be set at any date not later than sixty | 179 |
months after the earliest possible principal payment otherwise | 180 |
provided for in that division. | 181 |
(G)(1) The board of education may contract with an architect, | 182 |
professional engineer, or other person experienced in the design | 183 |
and implementation of energy conservation measures for an analysis | 184 |
and recommendations pertaining to installations, modifications of | 185 |
installations, or remodeling that would significantly reduce | 186 |
energy consumption in buildings owned by the district. The report | 187 |
shall include estimates of all costs of such installations, | 188 |
modifications, or remodeling, including costs of design, | 189 |
engineering, installation, maintenance, repairs, measurement and | 190 |
verification of energy savings, and debt service, forgone residual | 191 |
value of materials or equipment replaced by the energy | 192 |
conservation measure, as defined by the Ohio school facilities | 193 |
commission, a baseline analysis of actual energy consumption data | 194 |
for the preceding three years with the utility baseline based on | 195 |
only the actual energy consumption data for the preceding twelve | 196 |
months, and estimates of the amounts by which energy consumption | 197 |
and resultant operational and maintenance costs, as defined by the | 198 |
commission, would be reduced. | 199 |
If the board finds after receiving the report that the amount | 200 |
of money the district would spend on such installations, | 201 |
modifications, or remodeling is not likely to exceed the amount of | 202 |
money it would save in energy and resultant operational and | 203 |
maintenance costs over the ensuing fifteen years, the board may | 204 |
submit to the commission a copy of its findings and a request for | 205 |
approval to incur indebtedness to finance the making or | 206 |
modification of installations or the remodeling of buildings for | 207 |
the purpose of significantly reducing energy consumption. | 208 |
The school facilities commission, in consultation with the | 209 |
auditor of state, may deny a request under this division by the | 210 |
board of education any school district is in a state of fiscal | 211 |
watch pursuant to division (A) of section 3316.03 of the Revised | 212 |
Code, if it determines that the expenditure of funds is not in the | 213 |
best interest of the school district. | 214 |
No district board of education of a school district that is | 215 |
in a state of fiscal emergency pursuant to division (B) of section | 216 |
3316.03 of the Revised Code shall submit a request without | 217 |
submitting evidence that the installations, modifications, or | 218 |
remodeling have been approved by the district's financial planning | 219 |
and supervision commission established under section 3316.05 of | 220 |
the Revised Code. | 221 |
No board of education of a school district that, for three or | 222 |
more consecutive years, has been declared to be in a state of | 223 |
academic emergency under section 3302.03 of the Revised Code, as | 224 |
that section existed prior to March 22, 2013, and has failed to | 225 |
meet adequate yearly progress, or has met any condition set forth | 226 |
in division (A) | 227 |
3302.10 of the Revised Code shall submit a request without first | 228 |
receiving approval to incur indebtedness from the district's | 229 |
academic distress commission, if one has been established for the | 230 |
district under that section, for so long as such commission | 231 |
continues | 232 |
(2) The school facilities commission shall approve the | 233 |
board's request provided that the following conditions are | 234 |
satisfied: | 235 |
(a) The commission determines that the board's findings are | 236 |
reasonable. | 237 |
(b) The request for approval is complete. | 238 |
(c) The installations, modifications, or remodeling are | 239 |
consistent with any project to construct or acquire classroom | 240 |
facilities, or to reconstruct or make additions to existing | 241 |
classroom facilities under sections 3318.01 to 3318.20 or sections | 242 |
3318.40 to 3318.45 of the Revised Code. | 243 |
Upon receipt of the commission's approval, the district may | 244 |
issue securities without a vote of the electors in a principal | 245 |
amount not to exceed nine-tenths of one per cent of its tax | 246 |
valuation for the purpose of making such installations, | 247 |
modifications, or remodeling, but the total net indebtedness of | 248 |
the district without a vote of the electors incurred under this | 249 |
and all other sections of the Revised Code, except section | 250 |
3318.052 of the Revised Code, shall not exceed one per cent of the | 251 |
district's tax valuation. | 252 |
(3) So long as any securities issued under this division | 253 |
remain outstanding, the board of education shall monitor the | 254 |
energy consumption and resultant operational and maintenance costs | 255 |
of buildings in which installations or modifications have been | 256 |
made or remodeling has been done pursuant to this division | 257 |
Except as provided in division (G)(4) of this section, the board | 258 |
shall maintain and annually update a report in a form and manner | 259 |
prescribed by the school facilities commission documenting the | 260 |
reductions in energy consumption and resultant operational and | 261 |
maintenance cost savings attributable to such installations, | 262 |
modifications, or remodeling. | 263 |
264 | |
265 | |
266 | |
resultant operational and maintenance cost savings shall be | 267 |
certified by the school district treasurer. The report shall be | 268 |
submitted annually to the commission. | 269 |
(4) If the school facilities commission verifies that the | 270 |
certified annual reports submitted to the commission by a board of | 271 |
education under division (G)(3) of this section fulfill the | 272 |
guarantee required under division (B) of section 3313.372 of the | 273 |
Revised Code for three consecutive years, the board of education | 274 |
shall no longer be subject to the annual reporting requirements of | 275 |
division (G)(3) of this section. | 276 |
(H) With the consent of the superintendent of public | 277 |
instruction, a school district may incur without a vote of the | 278 |
electors net indebtedness that exceeds the amounts stated in | 279 |
divisions (A) and (G) of this section for the purpose of paying | 280 |
costs of permanent improvements, if and to the extent that both of | 281 |
the following conditions are satisfied: | 282 |
(1) The fiscal officer of the school district estimates that | 283 |
receipts of the school district from payments made under or | 284 |
pursuant to agreements entered into pursuant to section 725.02, | 285 |
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 286 |
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 287 |
Code, or distributions under division (C) of section 5709.43 of | 288 |
the Revised Code, or any combination thereof, are, after | 289 |
accounting for any appropriate coverage requirements, sufficient | 290 |
in time and amount, and are committed by the proceedings, to pay | 291 |
the debt charges on the securities issued to evidence that | 292 |
indebtedness and payable from those receipts, and the taxing | 293 |
authority of the district confirms the fiscal officer's estimate, | 294 |
which confirmation is approved by the superintendent of public | 295 |
instruction; | 296 |
(2) The fiscal officer of the school district certifies, and | 297 |
the taxing authority of the district confirms, that the district, | 298 |
at the time of the certification and confirmation, reasonably | 299 |
expects to have sufficient revenue available for the purpose of | 300 |
operating such permanent improvements for their intended purpose | 301 |
upon acquisition or completion thereof, and the superintendent of | 302 |
public instruction approves the taxing authority's confirmation. | 303 |
The maximum maturity of securities issued under division (H) | 304 |
of this section shall be the lesser of twenty years or the maximum | 305 |
maturity calculated under section 133.20 of the Revised Code. | 306 |
(I) A school district may incur net indebtedness by the | 307 |
issuance of securities in accordance with the provisions of this | 308 |
chapter in excess of the limit specified in division (B) or (C) of | 309 |
this section when necessary to raise the school district portion | 310 |
of the basic project cost and any additional funds necessary to | 311 |
participate in a project under Chapter 3318. of the Revised Code, | 312 |
including the cost of items designated by the | 313 |
facilities commission as required locally funded initiatives, the | 314 |
cost of other locally funded initiatives in an amount that does | 315 |
not exceed fifty per cent of the district's portion of the basic | 316 |
project cost, and the cost for site acquisition. The | 317 |
318 | |
instruction whenever a school district will exceed either limit | 319 |
pursuant to this division. | 320 |
(J) A school district whose portion of the basic project cost | 321 |
of its classroom facilities project under sections 3318.01 to | 322 |
3318.20 of the Revised Code is greater than or equal to one | 323 |
hundred million dollars may incur without a vote of the electors | 324 |
net indebtedness in an amount up to two per cent of its tax | 325 |
valuation through the issuance of general obligation securities in | 326 |
order to generate all or part of the amount of its portion of the | 327 |
basic project cost if the controlling board has approved the | 328 |
school facilities commission's conditional approval of the project | 329 |
under section 3318.04 of the Revised Code. The school district | 330 |
board and the Ohio school facilities commission shall include the | 331 |
dedication of the proceeds of such securities in the agreement | 332 |
entered into under section 3318.08 of the Revised Code. No state | 333 |
moneys shall be released for a project to which this section | 334 |
applies until the proceeds of any bonds issued under this section | 335 |
that are dedicated for the payment of the school district portion | 336 |
of the project are first deposited into the school district's | 337 |
project construction fund. | 338 |
Sec. 921.06. (A)(1) No individual shall do any of the | 339 |
following without having a commercial applicator license issued by | 340 |
the director of agriculture: | 341 |
(a) Apply pesticides for a pesticide business without direct | 342 |
supervision; | 343 |
(b) Apply pesticides as part of the individual's duties while | 344 |
acting as an employee of the United States government, a state, | 345 |
county, township, or municipal corporation, or a park district, | 346 |
port authority, or sanitary district created under Chapter 1545., | 347 |
4582., or 6115. of the Revised Code, respectively; | 348 |
(c) Apply restricted use pesticides. Division (A)(1)(c) of | 349 |
this section does not apply to a private applicator or an | 350 |
immediate family member or a subordinate employee of a private | 351 |
applicator who is acting under the direct supervision of that | 352 |
private applicator. | 353 |
(d) If the individual is the owner of a business other than a | 354 |
pesticide business or an employee of such an owner, apply | 355 |
pesticides at any of the following publicly accessible sites that | 356 |
are located on the property: | 357 |
(i) Food service operations that are licensed under Chapter | 358 |
3717. of the Revised Code; | 359 |
(ii) Retail food establishments that are licensed under | 360 |
Chapter 3717. of the Revised Code; | 361 |
(iii) Golf courses; | 362 |
(iv) Rental properties of more than four apartment units at | 363 |
one location; | 364 |
(v) Hospitals or medical facilities as defined in section | 365 |
3701.01 of the Revised Code; | 366 |
(vi) Child day-care centers or school child day-care centers | 367 |
as defined in section 5104.01 of the Revised Code; | 368 |
(vii) Facilities owned or operated by a school district | 369 |
established under Chapter 3311. of the Revised Code, including an | 370 |
371 | |
established under Chapter 3314. of the Revised Code, or a | 372 |
chartered or nonchartered nonpublic school that meets minimum | 373 |
standards established by the state board of education; | 374 |
(viii) | 375 |
institutions of higher education as defined in section 3345.011 of | 376 |
the Revised Code, nonprofit institutions holding a certificate of | 377 |
authorization pursuant to Chapter 1713. of the Revised Code, | 378 |
institutions holding a certificate of registration from the state | 379 |
board of career colleges and schools and program authorization for | 380 |
an associate or bachelor's degree program issued under section | 381 |
3332.05 of the Revised Code, and private institutions exempt from | 382 |
regulation under Chapter 3332. of the Revised Code as prescribed | 383 |
in section 3333.046 of the Revised Code; | 384 |
(ix) Food processing establishments as defined in section | 385 |
3715.021 of the Revised Code; | 386 |
(x) Any other site designated by rule. | 387 |
(e) Conduct authorized diagnostic inspections. | 388 |
(2) Divisions (A)(1)(a) to (d) of this section do not apply | 389 |
to an individual who is acting as a trained serviceperson under | 390 |
the direct supervision of a commercial applicator. | 391 |
(3) Licenses shall be issued for a period of time established | 392 |
by rule and shall be renewed in accordance with deadlines | 393 |
established by rule. The fee for each such license shall be | 394 |
established by rule. If a license is not issued or renewed, the | 395 |
application fee shall be retained by the state as payment for the | 396 |
reasonable expense of processing the application. The director | 397 |
shall by rule classify by pesticide-use category licenses to be | 398 |
issued under this section. A single license may include more than | 399 |
one pesticide-use category. No individual shall be required to pay | 400 |
an additional license fee if the individual is licensed for more | 401 |
than one category. | 402 |
The fee for each license or renewal does not apply to an | 403 |
applicant who is an employee of the department of agriculture | 404 |
whose job duties require licensure as a commercial applicator as a | 405 |
condition of employment. | 406 |
(B) Application for a commercial applicator license shall be | 407 |
made on a form prescribed by the director. Each application for a | 408 |
license shall state the pesticide-use category or categories of | 409 |
license for which the applicant is applying and other information | 410 |
that the director determines essential to the administration of | 411 |
this chapter. | 412 |
(C) If the director finds that the applicant is competent to | 413 |
apply pesticides and conduct diagnostic inspections and that the | 414 |
applicant has passed both the general examination and each | 415 |
applicable pesticide-use category examination as required under | 416 |
division (A) of section 921.12 of the Revised Code, the director | 417 |
shall issue a commercial applicator license limited to the | 418 |
pesticide-use category or categories for which the applicant is | 419 |
found to be competent. If the director rejects an application, the | 420 |
director may explain why the application was rejected, describe | 421 |
the additional requirements necessary for the applicant to obtain | 422 |
a license, and return the application. The applicant may resubmit | 423 |
the application without payment of any additional fee. | 424 |
(D)(1) A person who is a commercial applicator shall be | 425 |
deemed to hold a private applicator's license for purposes of | 426 |
applying pesticides on agricultural commodities that are produced | 427 |
by the commercial applicator. | 428 |
(2) A commercial applicator shall apply pesticides only in | 429 |
the pesticide-use category or categories in which the applicator | 430 |
is licensed under this chapter. | 431 |
(E) All money collected under this section shall be credited | 432 |
to the pesticide, fertilizer, and lime program fund created in | 433 |
section 921.22 of the Revised Code. | 434 |
Sec. 3301.0714. (A) The state board of education shall adopt | 435 |
rules for a statewide education management information system. The | 436 |
rules shall require the state board to establish guidelines for | 437 |
the establishment and maintenance of the system in accordance with | 438 |
this section and the rules adopted under this section. The | 439 |
guidelines shall include: | 440 |
(1) Standards identifying and defining the types of data in | 441 |
the system in accordance with divisions (B) and (C) of this | 442 |
section; | 443 |
(2) Procedures for annually collecting and reporting the data | 444 |
to the state board in accordance with division (D) of this | 445 |
section; | 446 |
(3) Procedures for annually compiling the data in accordance | 447 |
with division (G) of this section; | 448 |
(4) Procedures for annually reporting the data to the public | 449 |
in accordance with division (H) of this section. | 450 |
(B) The guidelines adopted under this section shall require | 451 |
the data maintained in the education management information system | 452 |
to include at least the following: | 453 |
(1) Student participation and performance data, for each | 454 |
grade in each school district as a whole and for each grade in | 455 |
each school building in each school district, that includes: | 456 |
(a) The numbers of students receiving each category of | 457 |
instructional service offered by the school district, such as | 458 |
regular education instruction, vocational education instruction, | 459 |
specialized instruction programs or enrichment instruction that is | 460 |
part of the educational curriculum, instruction for gifted | 461 |
students, instruction for students with disabilities, and remedial | 462 |
instruction. The guidelines shall require instructional services | 463 |
under this division to be divided into discrete categories if an | 464 |
instructional service is limited to a specific subject, a specific | 465 |
type of student, or both, such as regular instructional services | 466 |
in mathematics, remedial reading instructional services, | 467 |
instructional services specifically for students gifted in | 468 |
mathematics or some other subject area, or instructional services | 469 |
for students with a specific type of disability. The categories of | 470 |
instructional services required by the guidelines under this | 471 |
division shall be the same as the categories of instructional | 472 |
services used in determining cost units pursuant to division | 473 |
(C)(3) of this section. | 474 |
(b) The numbers of students receiving support or | 475 |
extracurricular services for each of the support services or | 476 |
extracurricular programs offered by the school district, such as | 477 |
counseling services, health services, and extracurricular sports | 478 |
and fine arts programs. The categories of services required by the | 479 |
guidelines under this division shall be the same as the categories | 480 |
of services used in determining cost units pursuant to division | 481 |
(C)(4)(a) of this section. | 482 |
(c) Average student grades in each subject in grades nine | 483 |
through twelve; | 484 |
(d) Academic achievement levels as assessed under sections | 485 |
3301.0710, 3301.0711, and 3301.0712 of the Revised Code; | 486 |
(e) The number of students designated as having a disabling | 487 |
condition pursuant to division (C)(1) of section 3301.0711 of the | 488 |
Revised Code; | 489 |
(f) The numbers of students reported to the state board | 490 |
pursuant to division (C)(2) of section 3301.0711 of the Revised | 491 |
Code; | 492 |
(g) Attendance rates and the average daily attendance for the | 493 |
year. For purposes of this division, a student shall be counted as | 494 |
present for any field trip that is approved by the school | 495 |
administration. | 496 |
(h) Expulsion rates; | 497 |
(i) Suspension rates; | 498 |
(j) Dropout rates; | 499 |
(k) Rates of retention in grade; | 500 |
(l) For pupils in grades nine through twelve, the average | 501 |
number of carnegie units, as calculated in accordance with state | 502 |
board of education rules; | 503 |
(m) Graduation rates, to be calculated in a manner specified | 504 |
by the department of education that reflects the rate at which | 505 |
students who were in the ninth grade three years prior to the | 506 |
current year complete school and that is consistent with | 507 |
nationally accepted reporting requirements; | 508 |
(n) Results of diagnostic assessments administered to | 509 |
kindergarten students as required under section 3301.0715 of the | 510 |
Revised Code to permit a comparison of the academic readiness of | 511 |
kindergarten students. However, no district shall be required to | 512 |
report to the department the results of any diagnostic assessment | 513 |
administered to a kindergarten student, except for the language | 514 |
and reading assessment described in division (A)(2) of section | 515 |
3301.0715 of the Revised Code, if the parent of that student | 516 |
requests the district not to report those results. | 517 |
(2) Personnel and classroom enrollment data for each school | 518 |
district, including: | 519 |
(a) The total numbers of licensed employees and nonlicensed | 520 |
employees and the numbers of full-time equivalent licensed | 521 |
employees and nonlicensed employees providing each category of | 522 |
instructional service, instructional support service, and | 523 |
administrative support service used pursuant to division (C)(3) of | 524 |
this section. The guidelines adopted under this section shall | 525 |
require these categories of data to be maintained for the school | 526 |
district as a whole and, wherever applicable, for each grade in | 527 |
the school district as a whole, for each school building as a | 528 |
whole, and for each grade in each school building. | 529 |
(b) The total number of employees and the number of full-time | 530 |
equivalent employees providing each category of service used | 531 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 532 |
total numbers of licensed employees and nonlicensed employees and | 533 |
the numbers of full-time equivalent licensed employees and | 534 |
nonlicensed employees providing each category used pursuant to | 535 |
division (C)(4)(c) of this section. The guidelines adopted under | 536 |
this section shall require these categories of data to be | 537 |
maintained for the school district as a whole and, wherever | 538 |
applicable, for each grade in the school district as a whole, for | 539 |
each school building as a whole, and for each grade in each school | 540 |
building. | 541 |
(c) The total number of regular classroom teachers teaching | 542 |
classes of regular education and the average number of pupils | 543 |
enrolled in each such class, in each of grades kindergarten | 544 |
through five in the district as a whole and in each school | 545 |
building in the school district. | 546 |
(d) The number of lead teachers employed by each school | 547 |
district and each school building. | 548 |
(3)(a) Student demographic data for each school district, | 549 |
including information regarding the gender ratio of the school | 550 |
district's pupils, the racial make-up of the school district's | 551 |
pupils, the number of limited English proficient students in the | 552 |
district, and an appropriate measure of the number of the school | 553 |
district's pupils who reside in economically disadvantaged | 554 |
households. The demographic data shall be collected in a manner to | 555 |
allow correlation with data collected under division (B)(1) of | 556 |
this section. Categories for data collected pursuant to division | 557 |
(B)(3) of this section shall conform, where appropriate, to | 558 |
standard practices of agencies of the federal government. | 559 |
(b) With respect to each student entering kindergarten, | 560 |
whether the student previously participated in a public preschool | 561 |
program, a private preschool program, or a head start program, and | 562 |
the number of years the student participated in each of these | 563 |
programs. | 564 |
(4) Any data required to be collected pursuant to federal | 565 |
law. | 566 |
(C) The education management information system shall include | 567 |
cost accounting data for each district as a whole and for each | 568 |
school building in each school district. The guidelines adopted | 569 |
under this section shall require the cost data for each school | 570 |
district to be maintained in a system of mutually exclusive cost | 571 |
units and shall require all of the costs of each school district | 572 |
to be divided among the cost units. The guidelines shall require | 573 |
the system of mutually exclusive cost units to include at least | 574 |
the following: | 575 |
(1) Administrative costs for the school district as a whole. | 576 |
The guidelines shall require the cost units under this division | 577 |
(C)(1) to be designed so that each of them may be compiled and | 578 |
reported in terms of average expenditure per pupil in formula ADM | 579 |
in the school district, as determined pursuant to section 3317.03 | 580 |
of the Revised Code. | 581 |
(2) Administrative costs for each school building in the | 582 |
school district. The guidelines shall require the cost units under | 583 |
this division (C)(2) to be designed so that each of them may be | 584 |
compiled and reported in terms of average expenditure per | 585 |
full-time equivalent pupil receiving instructional or support | 586 |
services in each building. | 587 |
(3) Instructional services costs for each category of | 588 |
instructional service provided directly to students and required | 589 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 590 |
section. The guidelines shall require the cost units under | 591 |
division (C)(3) of this section to be designed so that each of | 592 |
them may be compiled and reported in terms of average expenditure | 593 |
per pupil receiving the service in the school district as a whole | 594 |
and average expenditure per pupil receiving the service in each | 595 |
building in the school district and in terms of a total cost for | 596 |
each category of service and, as a breakdown of the total cost, a | 597 |
cost for each of the following components: | 598 |
(a) The cost of each instructional services category required | 599 |
by guidelines adopted under division (B)(1)(a) of this section | 600 |
that is provided directly to students by a classroom teacher; | 601 |
(b) The cost of the instructional support services, such as | 602 |
services provided by a speech-language pathologist, classroom | 603 |
aide, multimedia aide, or librarian, provided directly to students | 604 |
in conjunction with each instructional services category; | 605 |
(c) The cost of the administrative support services related | 606 |
to each instructional services category, such as the cost of | 607 |
personnel that develop the curriculum for the instructional | 608 |
services category and the cost of personnel supervising or | 609 |
coordinating the delivery of the instructional services category. | 610 |
(4) Support or extracurricular services costs for each | 611 |
category of service directly provided to students and required by | 612 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 613 |
The guidelines shall require the cost units under division (C)(4) | 614 |
of this section to be designed so that each of them may be | 615 |
compiled and reported in terms of average expenditure per pupil | 616 |
receiving the service in the school district as a whole and | 617 |
average expenditure per pupil receiving the service in each | 618 |
building in the school district and in terms of a total cost for | 619 |
each category of service and, as a breakdown of the total cost, a | 620 |
cost for each of the following components: | 621 |
(a) The cost of each support or extracurricular services | 622 |
category required by guidelines adopted under division (B)(1)(b) | 623 |
of this section that is provided directly to students by a | 624 |
licensed employee, such as services provided by a guidance | 625 |
counselor or any services provided by a licensed employee under a | 626 |
supplemental contract; | 627 |
(b) The cost of each such services category provided directly | 628 |
to students by a nonlicensed employee, such as janitorial | 629 |
services, cafeteria services, or services of a sports trainer; | 630 |
(c) The cost of the administrative services related to each | 631 |
services category in division (C)(4)(a) or (b) of this section, | 632 |
such as the cost of any licensed or nonlicensed employees that | 633 |
develop, supervise, coordinate, or otherwise are involved in | 634 |
administering or aiding the delivery of each services category. | 635 |
(D)(1) The guidelines adopted under this section shall | 636 |
require school districts to collect information about individual | 637 |
students, staff members, or both in connection with any data | 638 |
required by division (B) or (C) of this section or other reporting | 639 |
requirements established in the Revised Code. The guidelines may | 640 |
also require school districts to report information about | 641 |
individual staff members in connection with any data required by | 642 |
division (B) or (C) of this section or other reporting | 643 |
requirements established in the Revised Code. The guidelines shall | 644 |
not authorize school districts to request social security numbers | 645 |
of individual students. The guidelines shall prohibit the | 646 |
reporting under this section of a student's name, address, and | 647 |
social security number to the state board of education or the | 648 |
department of education. The guidelines shall also prohibit the | 649 |
reporting under this section of any personally identifiable | 650 |
information about any student, except for the purpose of assigning | 651 |
the data verification code required by division (D)(2) of this | 652 |
section, to any other person unless such person is employed by the | 653 |
school district or the information technology center operated | 654 |
under section 3301.075 of the Revised Code and is authorized by | 655 |
the district or technology center to have access to such | 656 |
information or is employed by an entity with which the department | 657 |
contracts for the scoring or the development of state assessments. | 658 |
The guidelines may require school districts to provide the social | 659 |
security numbers of individual staff members and the county of | 660 |
residence for a student. Nothing in this section prohibits the | 661 |
state board of education or department of education from providing | 662 |
a student's county of residence to the department of taxation to | 663 |
facilitate the distribution of tax revenue. | 664 |
(2)(a) The guidelines shall provide for each school district | 665 |
or community school to assign a data verification code that is | 666 |
unique on a statewide basis over time to each student whose | 667 |
initial Ohio enrollment is in that district or school and to | 668 |
report all required individual student data for that student | 669 |
utilizing such code. The guidelines shall also provide for | 670 |
assigning data verification codes to all students enrolled in | 671 |
districts or community schools on the effective date of the | 672 |
guidelines established under this section. The assignment of data | 673 |
verification codes for other entities, as described in division | 674 |
(D)(2)(c) of this section, the use of those codes, and the | 675 |
reporting and use of associated individual student data shall be | 676 |
coordinated by the department in accordance with state and federal | 677 |
law. | 678 |
School districts shall report individual student data to the | 679 |
department through the information technology centers utilizing | 680 |
the code. The entities described in division (D)(2)(c) of this | 681 |
section shall report individual student data to the department in | 682 |
the manner prescribed by the department. | 683 |
Except as provided in sections 3301.941, 3310.11, 3310.42, | 684 |
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time | 685 |
shall the state board or the department have access to information | 686 |
that would enable any data verification code to be matched to | 687 |
personally identifiable student data. | 688 |
(b) Each school district and community school shall ensure | 689 |
that the data verification code is included in the student's | 690 |
records reported to any subsequent school district, community | 691 |
school, or state institution of higher education, as defined in | 692 |
section 3345.011 of the Revised Code, in which the student | 693 |
enrolls. Any such subsequent district or school shall utilize the | 694 |
same identifier in its reporting of data under this section. | 695 |
(c) The director of any state agency that administers a | 696 |
publicly funded program providing services to children who are | 697 |
younger than compulsory school age, as defined in section 3321.01 | 698 |
of the Revised Code, including the directors of health, job and | 699 |
family services, mental health and addiction services, and | 700 |
developmental disabilities, shall request and receive, pursuant to | 701 |
sections 3301.0723 and 3701.62 of the Revised Code, a data | 702 |
verification code for a child who is receiving those services. | 703 |
(E) The guidelines adopted under this section may require | 704 |
school districts to collect and report data, information, or | 705 |
reports other than that described in divisions (A), (B), and (C) | 706 |
of this section for the purpose of complying with other reporting | 707 |
requirements established in the Revised Code. The other data, | 708 |
information, or reports may be maintained in the education | 709 |
management information system but are not required to be compiled | 710 |
as part of the profile formats required under division (G) of this | 711 |
section or the annual statewide report required under division (H) | 712 |
of this section. | 713 |
(F) Beginning with the school year that begins July 1, 1991, | 714 |
the board of education of each school district shall annually | 715 |
collect and report to the state board, in accordance with the | 716 |
guidelines established by the board, the data required pursuant to | 717 |
this section. A school district may collect and report these data | 718 |
notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 719 |
(G) The state board shall, in accordance with the procedures | 720 |
it adopts, annually compile the data reported by each school | 721 |
district pursuant to division (D) of this section. The state board | 722 |
shall design formats for profiling each school district as a whole | 723 |
and each school building within each district and shall compile | 724 |
the data in accordance with these formats. These profile formats | 725 |
shall: | 726 |
(1) Include all of the data gathered under this section in a | 727 |
manner that facilitates comparison among school districts and | 728 |
among school buildings within each school district; | 729 |
(2) Present the data on academic achievement levels as | 730 |
assessed by the testing of student achievement maintained pursuant | 731 |
to division (B)(1)(d) of this section. | 732 |
(H)(1) The state board shall, in accordance with the | 733 |
procedures it adopts, annually prepare a statewide report for all | 734 |
school districts and the general public that includes the profile | 735 |
of each of the school districts developed pursuant to division (G) | 736 |
of this section. Copies of the report shall be sent to each school | 737 |
district. | 738 |
(2) The state board shall, in accordance with the procedures | 739 |
it adopts, annually prepare an individual report for each school | 740 |
district and the general public that includes the profiles of each | 741 |
of the school buildings in that school district developed pursuant | 742 |
to division (G) of this section. Copies of the report shall be | 743 |
sent to the superintendent of the district and to each member of | 744 |
the district board of education. | 745 |
(3) Copies of the reports received from the state board under | 746 |
divisions (H)(1) and (2) of this section shall be made available | 747 |
to the general public at each school district's offices. Each | 748 |
district board of education shall make copies of each report | 749 |
available to any person upon request and payment of a reasonable | 750 |
fee for the cost of reproducing the report. The board shall | 751 |
annually publish in a newspaper of general circulation in the | 752 |
school district, at least twice during the two weeks prior to the | 753 |
week in which the reports will first be available, a notice | 754 |
containing the address where the reports are available and the | 755 |
date on which the reports will be available. | 756 |
(I) Any data that is collected or maintained pursuant to this | 757 |
section and that identifies an individual pupil is not a public | 758 |
record for the purposes of section 149.43 of the Revised Code. | 759 |
(J) As used in this section: | 760 |
(1) "School district" means any city, local, exempted | 761 |
village, or joint vocational school district and, in accordance | 762 |
with section 3314.17 of the Revised Code, any community school. As | 763 |
used in division (L) of this section, "school district" also | 764 |
includes any educational service center or other educational | 765 |
entity required to submit data using the system established under | 766 |
this section. | 767 |
(2) "Cost" means any expenditure for operating expenses made | 768 |
by a school district excluding any expenditures for debt | 769 |
retirement except for payments made to any commercial lending | 770 |
institution for any loan approved pursuant to section 3313.483 of | 771 |
the Revised Code. | 772 |
(K) Any person who removes data from the information system | 773 |
established under this section for the purpose of releasing it to | 774 |
any person not entitled under law to have access to such | 775 |
information is subject to section 2913.42 of the Revised Code | 776 |
prohibiting tampering with data. | 777 |
(L)(1) In accordance with division (L)(2) of this section and | 778 |
the rules adopted under division (L)(10) of this section, the | 779 |
department of education may sanction any school district that | 780 |
reports incomplete or inaccurate data, reports data that does not | 781 |
conform to data requirements and descriptions published by the | 782 |
department, fails to report data in a timely manner, or otherwise | 783 |
does not make a good faith effort to report data as required by | 784 |
this section. | 785 |
(2) If the department decides to sanction a school district | 786 |
under this division, the department shall take the following | 787 |
sequential actions: | 788 |
(a) Notify the district in writing that the department has | 789 |
determined that data has not been reported as required under this | 790 |
section and require the district to review its data submission and | 791 |
submit corrected data by a deadline established by the department. | 792 |
The department also may require the district to develop a | 793 |
corrective action plan, which shall include provisions for the | 794 |
district to provide mandatory staff training on data reporting | 795 |
procedures. | 796 |
(b) Withhold up to ten per cent of the total amount of state | 797 |
funds due to the district for the current fiscal year and, if not | 798 |
previously required under division (L)(2)(a) of this section, | 799 |
require the district to develop a corrective action plan in | 800 |
accordance with that division; | 801 |
(c) Withhold an additional amount of up to twenty per cent of | 802 |
the total amount of state funds due to the district for the | 803 |
current fiscal year; | 804 |
(d) Direct department staff or an outside entity to | 805 |
investigate the district's data reporting practices and make | 806 |
recommendations for subsequent actions. The recommendations may | 807 |
include one or more of the following actions: | 808 |
(i) Arrange for an audit of the district's data reporting | 809 |
practices by department staff or an outside entity; | 810 |
(ii) Conduct a site visit and evaluation of the district; | 811 |
(iii) Withhold an additional amount of up to thirty per cent | 812 |
of the total amount of state funds due to the district for the | 813 |
current fiscal year; | 814 |
(iv) Continue monitoring the district's data reporting; | 815 |
(v) Assign department staff to supervise the district's data | 816 |
management system; | 817 |
(vi) Conduct an investigation to determine whether to suspend | 818 |
or revoke the license of any district employee in accordance with | 819 |
division (N) of this section; | 820 |
(vii) If the district is issued a report card under section | 821 |
3302.03 of the Revised Code, indicate on the report card that the | 822 |
district has been sanctioned for failing to report data as | 823 |
required by this section; | 824 |
(viii) If the district is issued a report card under section | 825 |
3302.03 of the Revised Code and incomplete or inaccurate data | 826 |
submitted by the district likely caused the district to receive a | 827 |
higher performance rating than it deserved under that section, | 828 |
issue a revised report card for the district; | 829 |
(ix) Any other action designed to correct the district's data | 830 |
reporting problems. | 831 |
(3) Any time the department takes an action against a school | 832 |
district under division (L)(2) of this section, the department | 833 |
shall make a report of the circumstances that prompted the action. | 834 |
The department shall send a copy of the report to the district | 835 |
superintendent or chief administrator and maintain a copy of the | 836 |
report in its files. | 837 |
(4) If any action taken under division (L)(2) of this section | 838 |
resolves a school district's data reporting problems to the | 839 |
department's satisfaction, the department shall not take any | 840 |
further actions described by that division. If the department | 841 |
withheld funds from the district under that division, the | 842 |
department may release those funds to the district, except that if | 843 |
the department withheld funding under division (L)(2)(c) of this | 844 |
section, the department shall not release the funds withheld under | 845 |
division (L)(2)(b) of this section and, if the department withheld | 846 |
funding under division (L)(2)(d) of this section, the department | 847 |
shall not release the funds withheld under division (L)(2)(b) or | 848 |
(c) of this section. | 849 |
(5) Notwithstanding anything in this section to the contrary, | 850 |
the department may use its own staff or an outside entity to | 851 |
conduct an audit of a school district's data reporting practices | 852 |
any time the department has reason to believe the district has not | 853 |
made a good faith effort to report data as required by this | 854 |
section. If any audit conducted by an outside entity under | 855 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 856 |
district has not made a good faith effort to report data as | 857 |
required by this section, the district shall reimburse the | 858 |
department for the full cost of the audit. The department may | 859 |
withhold state funds due to the district for this purpose. | 860 |
(6) Prior to issuing a revised report card for a school | 861 |
district under division (L)(2)(d)(viii) of this section, the | 862 |
department may hold a hearing to provide the district with an | 863 |
opportunity to demonstrate that it made a good faith effort to | 864 |
report data as required by this section. The hearing shall be | 865 |
conducted by a referee appointed by the department. Based on the | 866 |
information provided in the hearing, the referee shall recommend | 867 |
whether the department should issue a revised report card for the | 868 |
district. If the referee affirms the department's contention that | 869 |
the district did not make a good faith effort to report data as | 870 |
required by this section, the district shall bear the full cost of | 871 |
conducting the hearing and of issuing any revised report card. | 872 |
(7) If the department determines that any inaccurate data | 873 |
reported under this section caused a school district to receive | 874 |
excess state funds in any fiscal year, the district shall | 875 |
reimburse the department an amount equal to the excess funds, in | 876 |
accordance with a payment schedule determined by the department. | 877 |
The department may withhold state funds due to the district for | 878 |
this purpose. | 879 |
(8) Any school district that has funds withheld under | 880 |
division (L)(2) of this section may appeal the withholding in | 881 |
accordance with Chapter 119. of the Revised Code. | 882 |
(9) In all cases of a disagreement between the department and | 883 |
a school district regarding the appropriateness of an action taken | 884 |
under division (L)(2) of this section, the burden of proof shall | 885 |
be on the district to demonstrate that it made a good faith effort | 886 |
to report data as required by this section. | 887 |
(10) The state board of education shall adopt rules under | 888 |
Chapter 119. of the Revised Code to implement division (L) of this | 889 |
section. | 890 |
(M) No information technology center or school district shall | 891 |
acquire, change, or update its student administration software | 892 |
package to manage and report data required to be reported to the | 893 |
department unless it converts to a student software package that | 894 |
is certified by the department. | 895 |
(N) The state board of education, in accordance with sections | 896 |
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 897 |
license as defined under division (A) of section 3319.31 of the | 898 |
Revised Code that has been issued to any school district employee | 899 |
found to have willfully reported erroneous, inaccurate, or | 900 |
incomplete data to the education management information system. | 901 |
(O) No person shall release or maintain any information about | 902 |
any student in violation of this section. Whoever violates this | 903 |
division is guilty of a misdemeanor of the fourth degree. | 904 |
(P) The department shall disaggregate the data collected | 905 |
under division (B)(1)(n) of this section according to the race and | 906 |
socioeconomic status of the students assessed. | 907 |
908 | |
909 |
(Q) If the department cannot compile any of the information | 910 |
required by division (H) of section 3302.03 of the Revised Code | 911 |
based upon the data collected under this section, the department | 912 |
shall develop a plan and a reasonable timeline for the collection | 913 |
of any data necessary to comply with that division. | 914 |
Sec. 3301.0715. (A) Except as otherwise required under | 915 |
division (B)(1) of section 3313.608 of the Revised Code, the board | 916 |
of education of each city, local, and exempted village school | 917 |
district shall administer each applicable diagnostic assessment | 918 |
developed and provided to the district in accordance with section | 919 |
3301.079 of the Revised Code to the following: | 920 |
(1) Any student who transfers into the district or to a | 921 |
different school within the district if each applicable diagnostic | 922 |
assessment was not administered by the district or school the | 923 |
student previously attended in the current school year, within | 924 |
thirty days after the date of transfer. If the district or school | 925 |
into which the student transfers cannot determine whether the | 926 |
student has taken any applicable diagnostic assessment in the | 927 |
current school year, the district or school may administer the | 928 |
diagnostic assessment to the student. However, if a student | 929 |
transfers into the district prior to the administration of the | 930 |
diagnostic assessments to all students under division (B) of this | 931 |
section, the district may administer the diagnostic assessments to | 932 |
that student on the date or dates determined under that division. | 933 |
(2) | 934 |
935 | |
936 |
| 937 |
not earlier than the first day of the school year and not later | 938 |
than the first day of November, except that the language and | 939 |
reading skills portion of the assessment shall be administered by | 940 |
the thirtieth day of September to fulfill the requirements of | 941 |
division (B) of section 3313.608 of the Revised Code. | 942 |
For the purpose of division (A)(2) of this section, the | 943 |
district shall administer the kindergarten readiness assessment | 944 |
provided by the department of education. In no case shall the | 945 |
results of the readiness assessment be used to prohibit a student | 946 |
from enrolling in kindergarten. | 947 |
(3) Each student enrolled in first, second, or third grade. | 948 |
Division (A) of this section does not apply to students with | 949 |
significant cognitive disabilities, as defined by the department | 950 |
of education. | 951 |
(B) Each district board shall administer each diagnostic | 952 |
assessment when the board deems appropriate, provided the | 953 |
administration complies with section 3313.608 of the Revised Code. | 954 |
However, the board shall administer any diagnostic assessment at | 955 |
least once annually to all students in the appropriate grade | 956 |
level. A district board may administer any diagnostic assessment | 957 |
in the fall and spring of a school year to measure the amount of | 958 |
academic growth attributable to the instruction received by | 959 |
students during that school year. | 960 |
(C) Any district that received | 961 |
962 | |
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of | 963 |
the Revised Code or for the value-added progress dimension under | 964 |
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of | 965 |
the Revised Code for the immediately preceding school year | 966 |
967 | |
968 | |
969 | |
diagnostic assessments from those adopted under division (D) of | 970 |
section 3301.079 of the Revised Code in order to satisfy the | 971 |
requirements of division (A) | 972 |
(D) Each district board shall utilize and score any | 973 |
diagnostic assessment administered under division (A) of this | 974 |
section in accordance with rules established by the department. | 975 |
After the administration of any diagnostic assessment, each | 976 |
district shall provide a student's completed diagnostic | 977 |
assessment, the results of such assessment, and any other | 978 |
accompanying documents used during the administration of the | 979 |
assessment to the parent of that student, and shall include all | 980 |
such documents and information in any plan developed for the | 981 |
student under division (C) of section 3313.608 of the Revised | 982 |
Code. Each district shall submit to the department, in the manner | 983 |
the department prescribes, the results of the diagnostic | 984 |
assessments administered under this section, regardless of the | 985 |
type of assessment used under section 3313.608 of the Revised | 986 |
Code. The department may issue reports with respect to the data | 987 |
collected. The department may report school and district level | 988 |
kindergarten diagnostic assessment data and use diagnostic | 989 |
assessment data to calculate the measure prescribed by divisions | 990 |
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code. | 991 |
(E) Each district board shall provide intervention services | 992 |
to students whose diagnostic assessments show that they are | 993 |
failing to make satisfactory progress toward attaining the | 994 |
academic standards for their grade level. | 995 |
Sec. 3302.03. Annually, not later than the fifteenth day of | 996 |
September or the preceding Friday when that day falls on a | 997 |
Saturday or Sunday, the department of education shall assign a | 998 |
letter grade for overall academic performance and for each | 999 |
separate performance measure for each school district, and each | 1000 |
school building in a district, in accordance with this section. | 1001 |
The state board shall adopt rules pursuant to Chapter 119. of the | 1002 |
Revised Code to establish performance criteria for each letter | 1003 |
grade and prescribe a method by which the department assigns each | 1004 |
letter grade. For a school building to which any of the | 1005 |
performance measures do not apply, due to grade levels served by | 1006 |
the building, the state board shall designate the performance | 1007 |
measures that are applicable to the building and that must be | 1008 |
calculated separately and used to calculate the building's overall | 1009 |
grade. The department shall issue annual report cards reflecting | 1010 |
the performance of each school district, each building within each | 1011 |
district, and for the state as a whole using the performance | 1012 |
measures and letter grade system described in this section. The | 1013 |
department shall include on the report card for each district and | 1014 |
each building within each district the most recent two-year trend | 1015 |
data in student achievement for each subject and each grade. | 1016 |
(A)(1) For the 2012-2013 school year, the department shall | 1017 |
issue grades as described in division (E) of this section for each | 1018 |
of the following performance measures: | 1019 |
(a) Annual measurable objectives; | 1020 |
(b) Performance index score for a school district or | 1021 |
building. Grades shall be awarded as a percentage of the total | 1022 |
possible points on the performance index system as adopted by the | 1023 |
state board. In adopting benchmarks for assigning letter grades | 1024 |
under division (A)(1)(b) of this section, the state board of | 1025 |
education shall designate ninety per cent or higher for an "A," at | 1026 |
least seventy per cent but not more than eighty per cent for a | 1027 |
"C," and less than fifty per cent for an "F." | 1028 |
(c) The extent to which the school district or building meets | 1029 |
each of the applicable performance indicators established by the | 1030 |
state board under section 3302.02 of the Revised Code and the | 1031 |
percentage of applicable performance indicators that have been | 1032 |
achieved. In adopting benchmarks for assigning letter grades under | 1033 |
division (A)(1)(c) of this section, the state board shall | 1034 |
designate ninety per cent or higher for an "A." | 1035 |
(d) The four- and five-year adjusted cohort graduation rates. | 1036 |
In adopting benchmarks for assigning letter grades under | 1037 |
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the | 1038 |
department shall designate a four-year adjusted cohort graduation | 1039 |
rate of ninety-three per cent or higher for an "A" and a five-year | 1040 |
cohort graduation rate of ninety-five per cent or higher for an | 1041 |
"A." | 1042 |
(e) The overall score under the value-added progress | 1043 |
dimension of a school district or building, for which the | 1044 |
department shall use up to three years of value-added data as | 1045 |
available. The letter grade assigned for this growth measure shall | 1046 |
be as follows: | 1047 |
(i) A score that is at least two standard errors of measure | 1048 |
above the mean score shall be designated as an "A." | 1049 |
(ii) A score that is at least one standard error of measure | 1050 |
but less than two standard errors of measure above the mean score | 1051 |
shall be designated as a "B." | 1052 |
(iii) A score that is less than one standard error of measure | 1053 |
above the mean score but greater than or equal to one standard | 1054 |
error of measure below the mean score shall be designated as a | 1055 |
"C." | 1056 |
(iv) A score that is not greater than one standard error of | 1057 |
measure below the mean score but is greater than or equal to two | 1058 |
standard errors of measure below the mean score shall be | 1059 |
designated as a "D." | 1060 |
(v) A score that is not greater than two standard errors of | 1061 |
measure below the mean score shall be designated as an "F." | 1062 |
Whenever the value-added progress dimension is used as a | 1063 |
graded performance measure, whether as an overall measure or as a | 1064 |
measure of separate subgroups, the grades for the measure shall be | 1065 |
calculated in the same manner as prescribed in division (A)(1)(e) | 1066 |
of this section. | 1067 |
(f) The value-added progress dimension score for a school | 1068 |
district or building disaggregated for each of the following | 1069 |
subgroups: students identified as gifted, students with | 1070 |
disabilities, and students whose performance places them in the | 1071 |
lowest quintile for achievement on a statewide basis. Each | 1072 |
subgroup shall be a separate graded measure. | 1073 |
(2) Not later than April 30, 2013, the state board of | 1074 |
education shall adopt a resolution describing the performance | 1075 |
measures, benchmarks, and grading system for the 2012-2013 school | 1076 |
year and, not later than June 30, 2013, shall adopt rules in | 1077 |
accordance with Chapter 119. of the Revised Code that prescribe | 1078 |
the methods by which the performance measures under division | 1079 |
(A)(1) of this section shall be assessed and assigned a letter | 1080 |
grade, including performance benchmarks for each letter grade. | 1081 |
At least forty-five days prior to the state board's adoption | 1082 |
of rules to prescribe the methods by which the performance | 1083 |
measures under division (A)(1) of this section shall be assessed | 1084 |
and assigned a letter grade, the department shall conduct a public | 1085 |
presentation before the standing committees of the house of | 1086 |
representatives and the senate that consider education legislation | 1087 |
describing such methods, including performance benchmarks. | 1088 |
(3) There shall not be an overall letter grade for a school | 1089 |
district or building for the 2012-2013 school year. | 1090 |
(B)(1) For the 2013-2014 school year, the department shall | 1091 |
issue grades as described in division (E) of this section for each | 1092 |
of the following performance measures: | 1093 |
(a) Annual measurable objectives; | 1094 |
(b) Performance index score for a school district or | 1095 |
building. Grades shall be awarded as a percentage of the total | 1096 |
possible points on the performance index system as created by the | 1097 |
department. In adopting benchmarks for assigning letter grades | 1098 |
under division (B)(1)(b) of this section, the state board shall | 1099 |
designate ninety per cent or higher for an "A," at least seventy | 1100 |
per cent but not more than eighty per cent for a "C," and less | 1101 |
than fifty per cent for an "F." | 1102 |
(c) The extent to which the school district or building meets | 1103 |
each of the applicable performance indicators established by the | 1104 |
state board under section 3302.03 of the Revised Code and the | 1105 |
percentage of applicable performance indicators that have been | 1106 |
achieved. In adopting benchmarks for assigning letter grades under | 1107 |
division (B)(1)(c) of this section, the state board shall | 1108 |
designate ninety per cent or higher for an "A." | 1109 |
(d) The four- and five-year adjusted cohort graduation rates; | 1110 |
(e) The overall score under the value-added progress | 1111 |
dimension of a school district or building, for which the | 1112 |
department shall use up to three years of value-added data as | 1113 |
available. | 1114 |
(f) The value-added progress dimension score for a school | 1115 |
district or building disaggregated for each of the following | 1116 |
subgroups: students identified as gifted in superior cognitive | 1117 |
ability and specific academic ability fields under Chapter 3324. | 1118 |
of the Revised Code, students with disabilities, and students | 1119 |
whose performance places them in the lowest quintile for | 1120 |
achievement on a statewide basis. Each subgroup shall be a | 1121 |
separate graded measure. | 1122 |
(g) Whether a school district or building is making progress | 1123 |
in improving literacy in grades kindergarten through three, as | 1124 |
determined using a method prescribed by the state board. The state | 1125 |
board shall adopt rules to prescribe benchmarks and standards for | 1126 |
assigning grades to districts and buildings for purposes of | 1127 |
division (B)(1)(g) of this section. In adopting benchmarks for | 1128 |
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of | 1129 |
this section, the state board shall determine progress made based | 1130 |
on the reduction in the percentage of students scoring below grade | 1131 |
level, or below proficient, compared from year to year on the | 1132 |
reading and writing diagnostic assessments administered under | 1133 |
section 3301.0715 of the Revised Code and the third grade English | 1134 |
language arts assessment under section 3301.0710 of the Revised | 1135 |
Code, as applicable. The state board shall designate for a "C" | 1136 |
grade a value that is not lower than the statewide average value | 1137 |
for this measure. No grade shall be issued under divisions | 1138 |
(B)(1)(g) and (C)(1)(g) of this section for a district or building | 1139 |
in which less than five per cent of students have scored below | 1140 |
grade level on the diagnostic assessment administered to students | 1141 |
in kindergarten under division (B)(1) of section 3313.608 of the | 1142 |
Revised Code. | 1143 |
(2) In addition to the graded measures in division (B)(1) of | 1144 |
this section, the department shall include on a school district's | 1145 |
or building's report card all of the following without an assigned | 1146 |
letter grade: | 1147 |
(a) The percentage of students enrolled in a district or | 1148 |
building participating in advanced placement classes and the | 1149 |
percentage of those students who received a score of three or | 1150 |
better on advanced placement examinations; | 1151 |
(b) The number of a district's or building's students who | 1152 |
have earned at least three college credits through dual enrollment | 1153 |
or advanced standing programs, such as the post-secondary | 1154 |
enrollment options program under Chapter 3365. of the Revised Code | 1155 |
and state-approved career-technical courses offered through dual | 1156 |
enrollment or statewide articulation, that appear on a student's | 1157 |
transcript or other official document, either of which is issued | 1158 |
by the institution of higher education from which the student | 1159 |
earned the college credit. The credits earned that are reported | 1160 |
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not | 1161 |
include any that are remedial or developmental and shall include | 1162 |
those that count toward the curriculum requirements established | 1163 |
for completion of a degree. | 1164 |
(c) The percentage of students enrolled in a district or | 1165 |
building who have taken a national standardized test used for | 1166 |
college admission determinations and the percentage of those | 1167 |
students who are determined to be remediation-free in accordance | 1168 |
with standards adopted under division (F) of section 3345.061 of | 1169 |
the Revised Code; | 1170 |
(d) The percentage of the district's or the building's | 1171 |
students who receive industry credentials. The state board shall | 1172 |
adopt criteria for acceptable industry credentials. | 1173 |
(e) The percentage of students enrolled in a district or | 1174 |
building who are participating in an international baccalaureate | 1175 |
program and the percentage of those students who receive a score | 1176 |
of four or better on the international baccalaureate examinations. | 1177 |
(f) The percentage of the district's or building's students | 1178 |
who receive an honors diploma under division (B) of section | 1179 |
3313.61 of the Revised Code. | 1180 |
(3) Not later than December 31, 2013, the state board shall | 1181 |
adopt rules in accordance with Chapter 119. of the Revised Code | 1182 |
that prescribe the methods by which the performance measures under | 1183 |
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed | 1184 |
and assigned a letter grade, including performance benchmarks for | 1185 |
each grade. | 1186 |
At least forty-five days prior to the state board's adoption | 1187 |
of rules to prescribe the methods by which the performance | 1188 |
measures under division (B)(1) of this section shall be assessed | 1189 |
and assigned a letter grade, the department shall conduct a public | 1190 |
presentation before the standing committees of the house of | 1191 |
representatives and the senate that consider education legislation | 1192 |
describing such methods, including performance benchmarks. | 1193 |
(4) There shall not be an overall letter grade for a school | 1194 |
district or building for the 2013-2014 school year. | 1195 |
(C)(1) For the 2014-2015 school year and each school year | 1196 |
thereafter, the department shall issue grades as described in | 1197 |
division (E) of this section for each of the following performance | 1198 |
measures and an overall letter grade based on an aggregate of | 1199 |
those measures: | 1200 |
(a) Annual measurable objectives; | 1201 |
(b) Performance index score for a school district or | 1202 |
building. Grades shall be awarded as a percentage of the total | 1203 |
possible points on the performance index system as created by the | 1204 |
department. In adopting benchmarks for assigning letter grades | 1205 |
under division (C)(1)(b) of this section, the state board shall | 1206 |
designate ninety per cent or higher for an "A," at least seventy | 1207 |
per cent but not more than eighty per cent for a "C," and less | 1208 |
than fifty per cent for an "F." | 1209 |
(c) The extent to which the school district or building meets | 1210 |
each of the applicable performance indicators established by the | 1211 |
state board under section 3302.03 of the Revised Code and the | 1212 |
percentage of applicable performance indicators that have been | 1213 |
achieved. In adopting benchmarks for assigning letter grades under | 1214 |
division (C)(1)(c) of this section, the state board shall | 1215 |
designate ninety per cent or higher for an "A." | 1216 |
(d) The four- and five-year adjusted cohort graduation rates; | 1217 |
(e) The overall score under the value-added progress | 1218 |
dimension, or another measure of student academic progress if | 1219 |
adopted by the state board, of a school district or building, for | 1220 |
which the department shall use up to three years of value-added | 1221 |
data as available. | 1222 |
In adopting benchmarks for assigning letter grades for | 1223 |
overall score on value-added progress dimension under division | 1224 |
(C)(1)(e) of this section, the state board shall prohibit the | 1225 |
assigning of a grade of "A" for that measure unless the district's | 1226 |
or building's grade assigned for value-added progress dimension | 1227 |
for all subgroups under division (C)(1)(f) of this section is a | 1228 |
"B" or higher. | 1229 |
For the metric prescribed by division (C)(1)(e) of this | 1230 |
section, the state board may adopt a student academic progress | 1231 |
measure to be used instead of the value-added progress dimension. | 1232 |
If the state board adopts such a measure, it also shall prescribe | 1233 |
a method for assigning letter grades for the new measure that is | 1234 |
comparable to the method prescribed in division (A)(1)(e) of this | 1235 |
section. | 1236 |
(f) The value-added progress dimension score of a school | 1237 |
district or building disaggregated for each of the following | 1238 |
subgroups: students identified as gifted in superior cognitive | 1239 |
ability and specific academic ability fields under Chapter 3324. | 1240 |
of the Revised Code, students with disabilities, and students | 1241 |
whose performance places them in the lowest quintile for | 1242 |
achievement on a statewide basis, as determined by a method | 1243 |
prescribed by the state board. Each subgroup shall be a separate | 1244 |
graded measure. | 1245 |
The state board may adopt student academic progress measures | 1246 |
to be used instead of the value-added progress dimension. If the | 1247 |
state board adopts such measures, it also shall prescribe a method | 1248 |
for assigning letter grades for the new measures that is | 1249 |
comparable to the method prescribed in division (A)(1)(e) of this | 1250 |
section. | 1251 |
(g) Whether a school district or building is making progress | 1252 |
in improving literacy in grades kindergarten through three, as | 1253 |
determined using a method prescribed by the state board. The state | 1254 |
board shall adopt rules to prescribe benchmarks and standards for | 1255 |
assigning grades to a district or building for purposes of | 1256 |
division (C)(1)(g) of this section. The state board shall | 1257 |
designate for a "C" grade a value that is not lower than the | 1258 |
statewide average value for this measure. No grade shall be issued | 1259 |
under division (C)(1)(g) of this section for a district or | 1260 |
building in which less than five per cent of students have scored | 1261 |
below grade level on the kindergarten diagnostic assessment under | 1262 |
division (B)(1) of section 3313.608 of the Revised Code. | 1263 |
(2) In addition to the graded measures in division (C)(1) of | 1264 |
this section, the department shall include on a school district's | 1265 |
or building's report card all of the following without an assigned | 1266 |
letter grade: | 1267 |
(a) The percentage of students enrolled in a district or | 1268 |
building who have taken a national standardized test used for | 1269 |
college admission determinations and the percentage of those | 1270 |
students who are determined to be remediation-free in accordance | 1271 |
with the standards adopted under division (F) of section 3345.061 | 1272 |
of the Revised Code; | 1273 |
(b) The percentage of students enrolled in a district or | 1274 |
building participating in advanced placement classes and the | 1275 |
percentage of those students who received a score of three or | 1276 |
better on advanced placement examinations; | 1277 |
(c) The number of a district's or building's students who | 1278 |
have earned at least three college credits through | 1279 |
advanced standing programs, such as the | 1280 |
1281 | |
Revised Code and state-approved career-technical courses offered | 1282 |
through dual enrollment or statewide articulation, that appear on | 1283 |
a student's transcript or other official document, either of which | 1284 |
is issued by the institution of higher education from which the | 1285 |
student earned the college credit. The credits earned that are | 1286 |
reported under divisions (B)(2)(b) and (C)(2)(c) of this section | 1287 |
shall not include any that are remedial or developmental and shall | 1288 |
include those that count toward the curriculum requirements | 1289 |
established for completion of a degree. | 1290 |
(d) The percentage of the district's or building's students | 1291 |
who receive an honor's diploma under division (B) of section | 1292 |
3313.61 of the Revised Code; | 1293 |
(e) The percentage of the district's or building's students | 1294 |
who receive industry credentials; | 1295 |
(f) The percentage of students enrolled in a district or | 1296 |
building who are participating in an international baccalaureate | 1297 |
program and the percentage of those students who receive a score | 1298 |
of four or better on the international baccalaureate examinations; | 1299 |
(g) The results of the college and career-ready assessments | 1300 |
administered under division (B)(1) of section 3301.0712 of the | 1301 |
Revised Code. | 1302 |
(3) The state board shall adopt rules pursuant to Chapter | 1303 |
119. of the Revised Code that establish a method to assign an | 1304 |
overall grade for a school district or school building for the | 1305 |
2014-2015 school year and each school year thereafter. The rules | 1306 |
shall group the performance measures in divisions (C)(1) and (2) | 1307 |
of this section into the following components: | 1308 |
(a) Gap closing, which shall include the performance measure | 1309 |
in division (C)(1)(a) of this section; | 1310 |
(b) Achievement, which shall include the performance measures | 1311 |
in divisions (C)(1)(b) and (c) of this section; | 1312 |
(c) Progress, which shall include the performance measures in | 1313 |
divisions (C)(1)(e) and (f) of this section; | 1314 |
(d) Graduation, which shall include the performance measure | 1315 |
in division (C)(1)(d) of this section; | 1316 |
(e) Kindergarten through third-grade literacy, which shall | 1317 |
include the performance measure in division (C)(1)(g) of this | 1318 |
section; | 1319 |
(f) Prepared for success, which shall include the performance | 1320 |
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of | 1321 |
this section. The state board shall develop a method to determine | 1322 |
a grade for the component in division (C)(3)(f) of this section | 1323 |
using the performance measures in divisions (C)(2)(a), (b), (c), | 1324 |
(d), (e), and (f) of this section. When available, the state board | 1325 |
may incorporate the performance measure under division (C)(2)(g) | 1326 |
of this section into the component under division (C)(3)(f) of | 1327 |
this section. When determining the overall grade for the prepared | 1328 |
for success component prescribed by division (C)(3)(f) of this | 1329 |
section, no individual student shall be counted in more than one | 1330 |
performance measure. However, if a student qualifies for more than | 1331 |
one performance measure in the component, the state board may, in | 1332 |
its method to determine a grade for the component, specify an | 1333 |
additional weight for such a student that is not greater than or | 1334 |
equal to 1.0. In determining the overall score under division | 1335 |
(C)(3)(f) of this section, the state board shall ensure that the | 1336 |
pool of students included in the performance measures aggregated | 1337 |
under that division are all of the students included in the four- | 1338 |
and five-year adjusted graduation cohort. | 1339 |
In the rules adopted under division (C)(3) of this section, | 1340 |
the state board shall adopt a method for determining a grade for | 1341 |
each component in divisions (C)(3)(a) to (f) of this section. The | 1342 |
state board also shall establish a method to assign an overall | 1343 |
grade of "A," "B," "C," "D," or "F" using the grades assigned for | 1344 |
each component. The method the state board adopts for assigning an | 1345 |
overall grade shall give equal weight to the components in | 1346 |
divisions (C)(3)(b) and (c) of this section. | 1347 |
At least forty-five days prior to the state board's adoption | 1348 |
of rules to prescribe the methods for calculating the overall | 1349 |
grade for the report card, as required by this division, the | 1350 |
department shall conduct a public presentation before the standing | 1351 |
committees of the house of representatives and the senate that | 1352 |
consider education legislation describing the format for the | 1353 |
report card, weights that will be assigned to the components of | 1354 |
the overall grade, and the method for calculating the overall | 1355 |
grade. | 1356 |
(D) Not later than July 1, 2015, the state board shall | 1357 |
develop a measure of student academic progress for high school | 1358 |
students. Beginning with the report card for the 2015-2016 school | 1359 |
year, each school district and applicable school building shall be | 1360 |
assigned a separate letter grade for this measure and the | 1361 |
district's or building's grade for that measure shall be included | 1362 |
in determining the district's or building's overall letter grade. | 1363 |
This measure shall be included within the measure prescribed in | 1364 |
division (C)(3)(c) of this section in the calculation for the | 1365 |
overall letter grade. | 1366 |
(E) The letter grades assigned to a school district or | 1367 |
building under this section shall be as follows: | 1368 |
(1) "A" for a district or school making excellent progress; | 1369 |
(2) "B" for a district or school making above average | 1370 |
progress; | 1371 |
(3) "C" for a district or school making average progress; | 1372 |
(4) "D" for a district or school making below average | 1373 |
progress; | 1374 |
(5) "F" for a district or school failing to meet minimum | 1375 |
progress. | 1376 |
(F) When reporting data on student achievement and progress, | 1377 |
the department shall disaggregate that data according to the | 1378 |
following categories: | 1379 |
(1) Performance of students by grade-level; | 1380 |
(2) Performance of students by race and ethnic group; | 1381 |
(3) Performance of students by gender; | 1382 |
(4) Performance of students grouped by those who have been | 1383 |
enrolled in a district or school for three or more years; | 1384 |
(5) Performance of students grouped by those who have been | 1385 |
enrolled in a district or school for more than one year and less | 1386 |
than three years; | 1387 |
(6) Performance of students grouped by those who have been | 1388 |
enrolled in a district or school for one year or less; | 1389 |
(7) Performance of students grouped by those who are | 1390 |
economically disadvantaged; | 1391 |
(8) Performance of students grouped by those who are enrolled | 1392 |
in a conversion community school established under Chapter 3314. | 1393 |
of the Revised Code; | 1394 |
(9) Performance of students grouped by those who are | 1395 |
classified as limited English proficient; | 1396 |
(10) Performance of students grouped by those who have | 1397 |
disabilities; | 1398 |
(11) Performance of students grouped by those who are | 1399 |
classified as migrants; | 1400 |
(12) Performance of students grouped by those who are | 1401 |
identified as gifted in superior cognitive ability and the | 1402 |
specific academic ability fields of reading and math pursuant to | 1403 |
Chapter 3324. of the Revised Code. In disaggregating specific | 1404 |
academic ability fields for gifted students, the department shall | 1405 |
use data for those students with specific academic ability in math | 1406 |
and reading. If any other academic field is assessed, the | 1407 |
department shall also include data for students with specific | 1408 |
academic ability in that field as well. | 1409 |
(13) Performance of students grouped by those who perform in | 1410 |
the lowest quintile for achievement on a statewide basis, as | 1411 |
determined by a method prescribed by the state board. | 1412 |
The department may disaggregate data on student performance | 1413 |
according to other categories that the department determines are | 1414 |
appropriate. To the extent possible, the department shall | 1415 |
disaggregate data on student performance according to any | 1416 |
combinations of two or more of the categories listed in divisions | 1417 |
(F)(1) to (13) of this section that it deems relevant. | 1418 |
In reporting data pursuant to division (F) of this section, | 1419 |
the department shall not include in the report cards any data | 1420 |
statistical in nature that is statistically unreliable or that | 1421 |
could result in the identification of individual students. For | 1422 |
this purpose, the department shall not report student performance | 1423 |
data for any group identified in division (F) of this section that | 1424 |
contains less than ten students. If the department does not report | 1425 |
student performance data for a group because it contains less than | 1426 |
ten students, the department shall indicate on the report card | 1427 |
that is why data was not reported. | 1428 |
(G) The department may include with the report cards any | 1429 |
additional education and fiscal performance data it deems | 1430 |
valuable. | 1431 |
(H) The department shall include on each report card a list | 1432 |
of additional information collected by the department that is | 1433 |
available regarding the district or building for which the report | 1434 |
card is issued. When available, such additional information shall | 1435 |
include student mobility data disaggregated by race and | 1436 |
socioeconomic status, college enrollment data, and the reports | 1437 |
prepared under section 3302.031 of the Revised Code. | 1438 |
The department shall maintain a site on the world wide web. | 1439 |
The report card shall include the address of the site and shall | 1440 |
specify that such additional information is available to the | 1441 |
public at that site. The department shall also provide a copy of | 1442 |
each item on the list to the superintendent of each school | 1443 |
district. The district superintendent shall provide a copy of any | 1444 |
item on the list to anyone who requests it. | 1445 |
(I) Division (I) of this section does not apply to conversion | 1446 |
community schools that primarily enroll students between sixteen | 1447 |
and twenty-two years of age who dropped out of high school or are | 1448 |
at risk of dropping out of high school due to poor attendance, | 1449 |
disciplinary problems, or suspensions. | 1450 |
(1) For any district that sponsors a conversion community | 1451 |
school under Chapter 3314. of the Revised Code, the department | 1452 |
shall combine data regarding the academic performance of students | 1453 |
enrolled in the community school with comparable data from the | 1454 |
schools of the district for the purpose of determining the | 1455 |
performance of the district as a whole on the report card issued | 1456 |
for the district under this section or section 3302.033 of the | 1457 |
Revised Code. | 1458 |
(2) Any district that leases a building to a community school | 1459 |
located in the district or that enters into an agreement with a | 1460 |
community school located in the district whereby the district and | 1461 |
the school endorse each other's programs may elect to have data | 1462 |
regarding the academic performance of students enrolled in the | 1463 |
community school combined with comparable data from the schools of | 1464 |
the district for the purpose of determining the performance of the | 1465 |
district as a whole on the district report card. Any district that | 1466 |
so elects shall annually file a copy of the lease or agreement | 1467 |
with the department. | 1468 |
(3) Any municipal school district, as defined in section | 1469 |
3311.71 of the Revised Code, that sponsors a community school | 1470 |
located within the district's territory, or that enters into an | 1471 |
agreement with a community school located within the district's | 1472 |
territory whereby the district and the community school endorse | 1473 |
each other's programs, may exercise either or both of the | 1474 |
following elections: | 1475 |
(a) To have data regarding the academic performance of | 1476 |
students enrolled in that community school combined with | 1477 |
comparable data from the schools of the district for the purpose | 1478 |
of determining the performance of the district as a whole on the | 1479 |
district's report card; | 1480 |
(b) To have the number of students attending that community | 1481 |
school noted separately on the district's report card. | 1482 |
The election authorized under division (I)(3)(a) of this | 1483 |
section is subject to approval by the governing authority of the | 1484 |
community school. | 1485 |
Any municipal school district that exercises an election to | 1486 |
combine or include data under division (I)(3) of this section, by | 1487 |
the first day of October of each year, shall file with the | 1488 |
department documentation indicating eligibility for that election, | 1489 |
as required by the department. | 1490 |
(J) The department shall include on each report card the | 1491 |
percentage of teachers in the district or building who are highly | 1492 |
qualified, as defined by the | 1493 |
and a comparison of that percentage with the percentages of such | 1494 |
teachers in similar districts and buildings. | 1495 |
(K)(1) In calculating English language arts, mathematics, | 1496 |
social studies, or science assessment passage rates used to | 1497 |
determine school district or building performance under this | 1498 |
section, the department shall include all students taking an | 1499 |
assessment with accommodation or to whom an alternate assessment | 1500 |
is administered pursuant to division (C)(1) or (3) of section | 1501 |
3301.0711 of the Revised Code. | 1502 |
(2) In calculating performance index scores, rates of | 1503 |
achievement on the performance indicators established by the state | 1504 |
board under section 3302.02 of the Revised Code, and annual | 1505 |
measurable objectives for determining adequate yearly progress for | 1506 |
school districts and buildings under this section, the department | 1507 |
shall do all of the following: | 1508 |
(a) Include for each district or building only those students | 1509 |
who are included in the ADM certified for the first full school | 1510 |
week of October and are continuously enrolled in the district or | 1511 |
building through the time of the spring administration of any | 1512 |
assessment prescribed by division (A)(1) or (B)(1) of section | 1513 |
3301.0710 of the Revised Code that is administered to the | 1514 |
student's grade level; | 1515 |
(b) Include cumulative totals from both the fall and spring | 1516 |
administrations of the third grade English language arts | 1517 |
achievement assessment; | 1518 |
(c) Except as required by the | 1519 |
2001, | 1520 |
proficient student who has been enrolled in United States schools | 1521 |
for less than one full school year. | 1522 |
(L) Beginning with the 2015-2016 school year and at least | 1523 |
once every three years thereafter, the state board of education | 1524 |
shall review and may adjust the benchmarks for assigning letter | 1525 |
grades to the performance measures and components prescribed under | 1526 |
divisions (C)(3) and (D) of this section. | 1527 |
Sec. 3302.10. (A) | 1528 |
1529 | |
1530 | |
section, any school district that meets any combination of the | 1531 |
following conditions for two of the three | 1532 |
recent years shall be subject to the establishment of an academic | 1533 |
distress commission: | 1534 |
| 1535 |
academic emergency under section 3302.03 of the Revised Code, as | 1536 |
that section existed prior to | 1537 |
March 22, 2013, and has failed to make adequate yearly progress | 1538 |
| 1539 |
performance index score and a grade of "D" or "F" for the | 1540 |
value-added progress dimension of section 3302.03 of the Revised | 1541 |
Code | 1542 |
| 1543 |
under division (C) | 1544 |
1545 | |
of the Revised Code | 1546 |
| 1547 |
1548 | |
1549 |
(d) The district's academic performance makes it subject to | 1550 |
the most severe level of state intervention as specified by the | 1551 |
most recent "Elementary and Secondary Education Act" waiver issued | 1552 |
to the state by the United States department of education. | 1553 |
(2) A school district that meets any of the conditions | 1554 |
prescribed in division (A)(1) of this section but has received on | 1555 |
the report card issued for the most recent school year a grade of | 1556 |
"A" or "B" on at least two components prescribed under division | 1557 |
(C)(3) of section 3302.03 of the Revised Code shall not be subject | 1558 |
to the establishment of an academic distress commission for the | 1559 |
following school year. | 1560 |
(B) Each commission shall assist the district for which it | 1561 |
was established in improving the district's academic performance. | 1562 |
Each commission is a body both corporate and politic, | 1563 |
constituting an agency and instrumentality of the state and | 1564 |
performing essential governmental functions of the state. A | 1565 |
commission shall be known as the "academic distress commission for | 1566 |
............... (name of school district)," and, in that name, may | 1567 |
exercise all authority vested in such a commission by this | 1568 |
section. A separate commission shall be established for each | 1569 |
school district to which this division applies. | 1570 |
| 1571 |
five voting members, three of whom shall be appointed by the | 1572 |
superintendent of public instruction and two of whom shall be | 1573 |
residents of the applicable school district appointed by the | 1574 |
president of the district board of education. When a school | 1575 |
district becomes subject to this section, the superintendent of | 1576 |
public instruction shall provide written notification of that fact | 1577 |
to the district board of education and shall request the president | 1578 |
of the district board to submit to the superintendent of public | 1579 |
instruction, in writing, the names of the president's appointees | 1580 |
to the commission. The superintendent of public instruction and | 1581 |
the president of the district board shall make appointments to the | 1582 |
commission within thirty days after the district is notified that | 1583 |
it is subject to this section. | 1584 |
Members of the commission shall serve at the pleasure of | 1585 |
their appointing authority during the life of the commission. In | 1586 |
the event of the death, resignation, incapacity, removal, or | 1587 |
ineligibility to serve of a member, the appointing authority shall | 1588 |
appoint a successor within fifteen days after the vacancy occurs. | 1589 |
Members shall serve without compensation, but shall be paid by the | 1590 |
commission their necessary and actual expenses incurred while | 1591 |
engaged in the business of the commission. | 1592 |
| 1593 |
of an academic distress commission, the superintendent of public | 1594 |
instruction shall call the first meeting of the commission and | 1595 |
shall cause written notice of the time, date, and place of that | 1596 |
meeting to be given to each member of the commission at least | 1597 |
forty-eight hours in advance of the meeting. The first meeting | 1598 |
shall include an overview of the commission's roles and | 1599 |
responsibilities, the requirements of section 2921.42 and Chapter | 1600 |
102. of the Revised Code as they pertain to commission members, | 1601 |
the requirements of section 121.22 of the Revised Code, and the | 1602 |
provisions of division | 1603 |
meeting, the commission shall adopt temporary bylaws in accordance | 1604 |
with division | 1605 |
until the adoption of permanent bylaws. | 1606 |
(E) The superintendent of public instruction shall designate | 1607 |
a chairperson for the commission from among the members appointed | 1608 |
by the superintendent. The chairperson shall call and conduct | 1609 |
meetings, set meeting agendas, and serve as a liaison between the | 1610 |
commission and the district board of education. The chairperson | 1611 |
also shall appoint a secretary, who shall not be a member of the | 1612 |
commission. | 1613 |
The department of education shall provide administrative | 1614 |
support for the commission, provide data requested by the | 1615 |
commission, and inform the commission of available state resources | 1616 |
that could assist the commission in its work. | 1617 |
| 1618 |
bylaws and rules, which shall not be subject to section 111.15 or | 1619 |
Chapter 119. of the Revised Code, for the conduct of its affairs | 1620 |
and for the manner, subject to this section, in which its powers | 1621 |
and functions shall be exercised and embodied. | 1622 |
| 1623 |
constitute a quorum of the commission. The affirmative vote of | 1624 |
three members of the commission is necessary for any action taken | 1625 |
by vote of the commission. No vacancy in the membership of the | 1626 |
commission shall impair the rights of a quorum by such vote to | 1627 |
exercise all the rights and perform all the duties of the | 1628 |
commission. Members of the commission are not disqualified from | 1629 |
voting by reason of the functions of any other office they hold | 1630 |
and are not disqualified from exercising the functions of the | 1631 |
other office with respect to the school district, its officers, or | 1632 |
the commission. | 1633 |
| 1634 |
superintendent of public instruction, and any person authorized to | 1635 |
act on behalf of or assist them shall not be personally liable or | 1636 |
subject to any suit, judgment, or claim for damages resulting from | 1637 |
the exercise of or failure to exercise the powers, duties, and | 1638 |
functions granted to them in regard to their functioning under | 1639 |
this section, but the commission, superintendent of public | 1640 |
instruction, and such other persons shall be subject to mandamus | 1641 |
proceedings to compel performance of their duties under this | 1642 |
section. | 1643 |
| 1644 |
file the statement described in section 102.02 of the Revised Code | 1645 |
with the Ohio ethics commission. The statement shall be | 1646 |
confidential, subject to review, as described in division (B) of | 1647 |
that section. | 1648 |
| 1649 |
subject to section 121.22 of the Revised Code. | 1650 |
| 1651 |
meeting of an academic distress commission, the commission shall | 1652 |
adopt an academic recovery plan to improve academic performance in | 1653 |
the school district. The plan shall address academic problems at | 1654 |
both the district and school levels. The plan shall include the | 1655 |
following: | 1656 |
(a) Short-term and long-term actions to be taken to improve | 1657 |
the district's academic performance, including any actions | 1658 |
required by section 3302.04 or 3302.041 of the Revised Code; | 1659 |
(b) The sequence and timing of the actions described in | 1660 |
division | 1661 |
for implementing the actions; | 1662 |
(c) Resources that will be applied toward improvement | 1663 |
efforts; | 1664 |
(d) Procedures for monitoring and evaluating improvement | 1665 |
efforts; | 1666 |
(e) Requirements for reporting to the commission and the | 1667 |
district board of education on the status of improvement efforts. | 1668 |
(2) The commission may amend the academic recovery plan | 1669 |
subsequent to adoption. The commission shall update the plan at | 1670 |
least annually. | 1671 |
(3) The commission shall submit the academic recovery plan it | 1672 |
adopts or updates to the superintendent of public instruction for | 1673 |
approval immediately following its adoption or updating. The | 1674 |
superintendent shall evaluate the plan and either approve or | 1675 |
disapprove it within thirty days after its submission. If the plan | 1676 |
is disapproved, the superintendent shall recommend modifications | 1677 |
that will render it acceptable. No academic distress commission | 1678 |
shall implement an academic recovery plan unless the | 1679 |
superintendent has approved it. | 1680 |
(4) County, state, and school district officers and employees | 1681 |
shall assist the commission diligently and promptly in the | 1682 |
implementation of the academic recovery plan. | 1683 |
| 1684 |
from the district board of education regarding ways to improve the | 1685 |
district's academic performance, but any decision of the | 1686 |
commission related to any authority granted to the commission | 1687 |
under this section shall be final. | 1688 |
The commission may do any of the following: | 1689 |
(1) Appoint school building administrators and reassign | 1690 |
administrative personnel; | 1691 |
(2) Terminate the contracts of administrators or | 1692 |
administrative personnel. The commission shall not be required to | 1693 |
comply with section 3319.16 of the Revised Code with respect to | 1694 |
any contract terminated under this division. | 1695 |
(3) Contract with a private entity to perform school or | 1696 |
district management functions; | 1697 |
(4) Establish a budget for the district and approve district | 1698 |
appropriations and expenditures, unless a financial planning and | 1699 |
supervision commission has been established for the district | 1700 |
pursuant to section 3316.05 of the Revised Code. | 1701 |
| 1702 |
academic distress commission has been established under this | 1703 |
section renews any collective bargaining agreement under Chapter | 1704 |
4117. of the Revised Code during the existence of the commission, | 1705 |
the district board shall not enter into any agreement that would | 1706 |
render any decision of the commission unenforceable. Section | 1707 |
3302.08 of the Revised Code does not apply to this division. | 1708 |
Notwithstanding any provision to the contrary in Chapter | 1709 |
4117. of the Revised Code, if the board of education has entered | 1710 |
into a collective bargaining agreement after September 29, 2005, | 1711 |
that contains stipulations relinquishing one or more of the rights | 1712 |
or responsibilities listed in division (C) of section 4117.08 of | 1713 |
the Revised Code, those stipulations are not enforceable and the | 1714 |
district board shall resume holding those rights or | 1715 |
responsibilities as if it had not relinquished them in that | 1716 |
agreement until such time as both the academic distress commission | 1717 |
ceases to exist and the district board agrees to relinquish those | 1718 |
rights or responsibilities in a new collective bargaining | 1719 |
agreement. The provisions of this paragraph apply to a collective | 1720 |
bargaining agreement entered into after September 29, 2005, and | 1721 |
those provisions are deemed to be part of that agreement | 1722 |
regardless of whether the district satisfied the conditions | 1723 |
prescribed in division (A) of this section at the time the | 1724 |
district entered into that agreement. | 1725 |
| 1726 |
exist when the district for which it was established | 1727 |
1728 | |
1729 | |
1730 | |
on two of the three most recent report cards, any combination of | 1731 |
the following: | 1732 |
(a) A grade of "C" or better for both the performance index | 1733 |
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the | 1734 |
value-added progress dimension under division (A)(1)(e), | 1735 |
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code | 1736 |
1737 |
(b) An overall grade of "C" or better under division (C)(3) | 1738 |
of section 3302.03 of the Revised Code; | 1739 |
(c) A level of academic performance such that the school | 1740 |
district is no longer subject to the most severe level of state | 1741 |
intervention as described in division (A)(1)(d) of this section. | 1742 |
(2) The superintendent of public instruction may dissolve the | 1743 |
commission earlier than as prescribed by division (N)(1) of this | 1744 |
section if the superintendent determines that the district can | 1745 |
perform adequately without the supervision of the commission. Upon | 1746 |
termination of the commission, the department of education shall | 1747 |
compile a final report of the commission's activities to assist | 1748 |
other academic distress commissions in the conduct of their | 1749 |
functions. | 1750 |
Sec. 3313.372. (A) As used in this section, "energy | 1751 |
conservation measure" means an installation or modification of an | 1752 |
installation in, or remodeling of, a building, to reduce energy | 1753 |
consumption. It includes: | 1754 |
(1) Insulation of the building structure and systems within | 1755 |
the building; | 1756 |
(2) Storm windows and doors, multiglazed windows and doors, | 1757 |
heat absorbing or heat reflective glazed and coated window and | 1758 |
door systems, additional glazing, reductions in glass area, and | 1759 |
other window and door system modifications that reduce energy | 1760 |
consumption; | 1761 |
(3) Automatic energy control systems; | 1762 |
(4) Heating, ventilating, or air conditioning system | 1763 |
modifications or replacements; | 1764 |
(5) Caulking and weatherstripping; | 1765 |
(6) Replacement or modification of lighting fixtures to | 1766 |
increase the energy efficiency of the system without increasing | 1767 |
the overall illumination of a facility, unless such increase in | 1768 |
illumination is necessary to conform to the applicable state or | 1769 |
local building code for the proposed lighting system; | 1770 |
(7) Energy recovery systems; | 1771 |
(8) Cogeneration systems that produce steam or forms of | 1772 |
energy such as heat, as well as electricity, for use primarily | 1773 |
within a building or complex of buildings; | 1774 |
(9) Any other modification, installation, or remodeling | 1775 |
approved by the Ohio school facilities commission as an energy | 1776 |
conservation measure. | 1777 |
(B) A board of education of a city, exempted village, local, | 1778 |
or joint vocational school district may enter into an installment | 1779 |
payment contract for the purchase and installation of energy | 1780 |
conservation measures. The provisions of such installment payment | 1781 |
contracts dealing with interest charges and financing terms shall | 1782 |
not be subject to the competitive bidding requirements of section | 1783 |
3313.46 of the Revised Code, and shall be on the following terms: | 1784 |
(1) Not less than one-fifteenth of the costs thereof shall be | 1785 |
paid within two years from the date of purchase. | 1786 |
(2) The remaining balance of the costs thereof shall be paid | 1787 |
within fifteen years from the date of purchase. | 1788 |
The provisions of any installment payment contract entered | 1789 |
into pursuant to this section shall provide that all payments, | 1790 |
except payments for repairs and obligations on termination of the | 1791 |
contract prior to its expiration, | 1792 |
shall not exceed the calculated energy, water, or waste water cost | 1793 |
savings, avoided operating costs, and avoided capital costs | 1794 |
attributable to the one or more measures over a defined period of | 1795 |
time. Those payments shall be made only to the extent that the | 1796 |
savings described in this division actually occur. The contractor | 1797 |
shall warrant and guarantee that the energy conservation measures | 1798 |
shall realize guaranteed savings and shall be responsible to pay | 1799 |
an amount equal to any savings shortfall. | 1800 |
An installment payment contract entered into by a board of | 1801 |
education under this section shall require the board to contract | 1802 |
in accordance with division (A) of section 3313.46 of the Revised | 1803 |
Code for the installation, modification, or remodeling of energy | 1804 |
conservation measures unless division (A) of section 3313.46 of | 1805 |
the Revised Code does not apply pursuant to division (B)(3) of | 1806 |
that section, in which case the contract shall be awarded through | 1807 |
a competitive selection process pursuant to rules adopted by the | 1808 |
school facilities commission. | 1809 |
An installment payment contract entered into by a board of | 1810 |
education under this section may include services for measurement | 1811 |
and verification of energy savings associated with the guarantee. | 1812 |
The annual cost of measurement and verification services shall not | 1813 |
exceed ten per cent of the guaranteed savings in any year of the | 1814 |
installment payment contract. | 1815 |
(C) The board may issue the notes of the school district | 1816 |
signed by the president and the treasurer of the board and | 1817 |
specifying the terms of the purchase and securing the deferred | 1818 |
payments provided in this section, payable at the times provided | 1819 |
and bearing interest at a rate not exceeding the rate determined | 1820 |
as provided in section 9.95 of the Revised Code. The notes may | 1821 |
contain an option for prepayment and shall not be subject to | 1822 |
Chapter 133. of the Revised Code. In the resolution authorizing | 1823 |
the notes, the board may provide, without the vote of the electors | 1824 |
of the district, for annually levying and collecting taxes in | 1825 |
amounts sufficient to pay the interest on and retire the notes, | 1826 |
except that the total net indebtedness of the district without a | 1827 |
vote of the electors incurred under this and all other sections of | 1828 |
the Revised Code, except section 3318.052 of the Revised Code, | 1829 |
shall not exceed one per cent of the district's tax valuation. | 1830 |
Revenues derived from local taxes or otherwise, for the purpose of | 1831 |
conserving energy or for defraying the current operating expenses | 1832 |
of the district, may be applied to the payment of interest and the | 1833 |
retirement of such notes. The notes may be sold at private sale or | 1834 |
given to the contractor under the installment payment contract | 1835 |
authorized by division (B) of this section. | 1836 |
(D) Debt incurred under this section shall not be included in | 1837 |
the calculation of the net indebtedness of a school district under | 1838 |
section 133.06 of the Revised Code. | 1839 |
(E) No school district board shall enter into an installment | 1840 |
payment contract under division (B) of this section unless it | 1841 |
first obtains a report of the costs of the energy conservation | 1842 |
measures and the savings thereof as described under division (G) | 1843 |
of section 133.06 of the Revised Code as a requirement for issuing | 1844 |
energy securities, makes a finding that the amount spent on such | 1845 |
measures is not likely to exceed the amount of money it would save | 1846 |
in energy costs and resultant operational and maintenance costs as | 1847 |
described in that division, except that that finding shall cover | 1848 |
the ensuing fifteen years, and the | 1849 |
commission determines that the district board's findings are | 1850 |
reasonable and approves the contract as described in that | 1851 |
division. | 1852 |
The district board shall monitor the savings and maintain a | 1853 |
report of those savings, which shall be submitted to the | 1854 |
commission in the same manner as required by division (G) of | 1855 |
section 133.06 of the Revised Code in the case of energy | 1856 |
securities. | 1857 |
Sec. 3313.603. (A) As used in this section: | 1858 |
(1) "One unit" means a minimum of one hundred twenty hours of | 1859 |
course instruction, except that for a laboratory course, "one | 1860 |
unit" means a minimum of one hundred fifty hours of course | 1861 |
instruction. | 1862 |
(2) "One-half unit" means a minimum of sixty hours of course | 1863 |
instruction, except that for physical education courses, "one-half | 1864 |
unit" means a minimum of one hundred twenty hours of course | 1865 |
instruction. | 1866 |
(B) Beginning September 15, 2001, except as required in | 1867 |
division (C) of this section and division (C) of section 3313.614 | 1868 |
of the Revised Code, the requirements for graduation from every | 1869 |
high school shall include twenty units earned in grades nine | 1870 |
through twelve and shall be distributed as follows: | 1871 |
(1) English language arts, four units; | 1872 |
(2) Health, one-half unit; | 1873 |
(3) Mathematics, three units; | 1874 |
(4) Physical education, one-half unit; | 1875 |
(5) Science, two units until September 15, 2003, and three | 1876 |
units thereafter, which at all times shall include both of the | 1877 |
following: | 1878 |
(a) Biological sciences, one unit; | 1879 |
(b) Physical sciences, one unit. | 1880 |
(6) History and government, one unit, which shall comply with | 1881 |
division (M) of this section and shall include both of the | 1882 |
following: | 1883 |
(a) American history, one-half unit; | 1884 |
(b) American government, one-half unit. | 1885 |
(7) Social studies, two units. | 1886 |
(8) Elective units, seven units until September 15, 2003, and | 1887 |
six units thereafter. | 1888 |
Each student's electives shall include at least one unit, or | 1889 |
two half units, chosen from among the areas of | 1890 |
business/technology, fine arts, and/or foreign language. | 1891 |
(C) Beginning with students who enter ninth grade for the | 1892 |
first time on or after July 1, 2010, except as provided in | 1893 |
divisions (D) to (F) of this section, the requirements for | 1894 |
graduation from every public and chartered nonpublic high school | 1895 |
shall include twenty units that are designed to prepare students | 1896 |
for the workforce and college. The units shall be distributed as | 1897 |
follows: | 1898 |
(1) English language arts, four units; | 1899 |
(2) Health, one-half unit, which shall include instruction in | 1900 |
nutrition and the benefits of nutritious foods and physical | 1901 |
activity for overall health; | 1902 |
(3) Mathematics, four units, which shall include one unit of | 1903 |
algebra II or the equivalent of algebra II; | 1904 |
(4) Physical education, one-half unit; | 1905 |
(5) Science, three units with inquiry-based laboratory | 1906 |
experience that engages students in asking valid scientific | 1907 |
questions and gathering and analyzing information, which shall | 1908 |
include the following, or their equivalent: | 1909 |
(a) Physical sciences, one unit; | 1910 |
(b) Life sciences, one unit; | 1911 |
(c) Advanced study in one or more of the following sciences, | 1912 |
one unit: | 1913 |
(i) Chemistry, physics, or other physical science; | 1914 |
(ii) Advanced biology or other life science; | 1915 |
(iii) Astronomy, physical geology, or other earth or space | 1916 |
science. | 1917 |
(6) History and government, one unit, which shall comply with | 1918 |
division (M) of this section and shall include both of the | 1919 |
following: | 1920 |
(a) American history, one-half unit; | 1921 |
(b) American government, one-half unit. | 1922 |
(7) Social studies, two units. | 1923 |
Each school shall integrate the study of economics and | 1924 |
financial literacy, as expressed in the social studies academic | 1925 |
content standards adopted by the state board of education under | 1926 |
division (A)(1) of section 3301.079 of the Revised Code and the | 1927 |
academic content standards for financial literacy and | 1928 |
entrepreneurship adopted under division (A)(2) of that section, | 1929 |
into one or more existing social studies credits required under | 1930 |
division (C)(7) of this section, or into the content of another | 1931 |
class, so that every high school student receives instruction in | 1932 |
those concepts. In developing the curriculum required by this | 1933 |
paragraph, schools shall use available public-private partnerships | 1934 |
and resources and materials that exist in business, industry, and | 1935 |
through the centers for economics education at institutions of | 1936 |
higher education in the state. | 1937 |
(8) Five units consisting of one or any combination of | 1938 |
foreign language, fine arts, business, career-technical education, | 1939 |
family and consumer sciences, technology, agricultural education, | 1940 |
a junior reserve officer training corps (JROTC) program approved | 1941 |
by the congress of the United States under title 10 of the United | 1942 |
States Code, or English language arts, mathematics, science, or | 1943 |
social studies courses not otherwise required under division (C) | 1944 |
of this section. | 1945 |
Ohioans must be prepared to apply increased knowledge and | 1946 |
skills in the workplace and to adapt their knowledge and skills | 1947 |
quickly to meet the rapidly changing conditions of the | 1948 |
twenty-first century. National studies indicate that all high | 1949 |
school graduates need the same academic foundation, regardless of | 1950 |
the opportunities they pursue after graduation. The goal of Ohio's | 1951 |
system of elementary and secondary education is to prepare all | 1952 |
students for and seamlessly connect all students to success in | 1953 |
life beyond high school graduation, regardless of whether the next | 1954 |
step is entering the workforce, beginning an apprenticeship, | 1955 |
engaging in post-secondary training, serving in the military, or | 1956 |
pursuing a college degree. | 1957 |
The Ohio core curriculum is the standard expectation for all | 1958 |
students entering ninth grade for the first time at a public or | 1959 |
chartered nonpublic high school on or after July 1, 2010. A | 1960 |
student may satisfy this expectation through a variety of methods, | 1961 |
including, but not limited to, integrated, applied, | 1962 |
career-technical, and traditional coursework. | 1963 |
Whereas teacher quality is essential for student success in | 1964 |
completing the Ohio core curriculum, the general assembly shall | 1965 |
appropriate funds for strategic initiatives designed to strengthen | 1966 |
schools' capacities to hire and retain highly qualified teachers | 1967 |
in the subject areas required by the curriculum. Such initiatives | 1968 |
are expected to require an investment of $120,000,000 over five | 1969 |
years. | 1970 |
Stronger coordination between high schools and institutions | 1971 |
of higher education is necessary to prepare students for more | 1972 |
challenging academic endeavors and to lessen the need for academic | 1973 |
remediation in college, thereby reducing the costs of higher | 1974 |
education for Ohio's students, families, and the state. The state | 1975 |
board and the chancellor of the Ohio board of regents shall | 1976 |
develop policies to ensure that only in rare instances will | 1977 |
students who complete the Ohio core curriculum require academic | 1978 |
remediation after high school. | 1979 |
School districts, community schools, and chartered nonpublic | 1980 |
schools shall integrate technology into learning experiences | 1981 |
across the curriculum in order to maximize efficiency, enhance | 1982 |
learning, and prepare students for success in the | 1983 |
technology-driven twenty-first century. Districts and schools | 1984 |
shall use distance and web-based course delivery as a method of | 1985 |
providing or augmenting all instruction required under this | 1986 |
division, including laboratory experience in science. Districts | 1987 |
and schools shall utilize technology access and electronic | 1988 |
learning opportunities provided by the broadcast educational media | 1989 |
commission, chancellor, the Ohio learning network, education | 1990 |
technology centers, public television stations, and other public | 1991 |
and private providers. | 1992 |
(D) Except as provided in division (E) of this section, a | 1993 |
student who enters ninth grade on or after July 1, 2010, and | 1994 |
before July 1, | 1995 |
or chartered nonpublic high school even though the student has not | 1996 |
completed the Ohio core curriculum prescribed in division (C) of | 1997 |
this section if all of the following conditions are satisfied: | 1998 |
(1) After the student has attended high school for two years, | 1999 |
as determined by the school, the student and the student's parent, | 2000 |
guardian, or custodian sign and file with the school a written | 2001 |
statement asserting the parent's, guardian's, or custodian's | 2002 |
consent to the student's graduating without completing the Ohio | 2003 |
core curriculum and acknowledging that one consequence of not | 2004 |
completing the Ohio core curriculum is ineligibility to enroll in | 2005 |
most state universities in Ohio without further coursework. | 2006 |
(2) The student and parent, guardian, or custodian fulfill | 2007 |
any procedural requirements the school stipulates to ensure the | 2008 |
student's and parent's, guardian's, or custodian's informed | 2009 |
consent and to facilitate orderly filing of statements under | 2010 |
division (D)(1) of this section. | 2011 |
(3) The student and the student's parent, guardian, or | 2012 |
custodian and a representative of the student's high school | 2013 |
jointly develop | 2014 |
the student under division (C)(1) of section 3313.6015 of the | 2015 |
Revised Code that specifies the student matriculating to a | 2016 |
two-year degree program, acquiring a business and industry | 2017 |
credential, or entering an apprenticeship. | 2018 |
(4) The student's high school provides counseling and support | 2019 |
for the student related to the plan developed under division | 2020 |
(D)(3) of this section during the remainder of the student's high | 2021 |
school experience. | 2022 |
(5) The student successfully completes, at a minimum, the | 2023 |
curriculum prescribed in division (B) of this section. | 2024 |
The department of education, in collaboration with the | 2025 |
chancellor, shall analyze student performance data to determine if | 2026 |
there are mitigating factors that warrant extending the exception | 2027 |
permitted by division (D) of this section to high school classes | 2028 |
beyond those entering ninth grade before July 1, | 2029 |
department shall submit its findings and any recommendations not | 2030 |
later than August 1, | 2031 |
of the house of representatives, the president and minority leader | 2032 |
of the senate, the chairpersons and ranking minority members of | 2033 |
the standing committees of the house of representatives and the | 2034 |
senate that consider education legislation, the state board of | 2035 |
education, and the superintendent of public instruction. | 2036 |
(E) Each school district and chartered nonpublic school | 2037 |
retains the authority to require an even more rigorous minimum | 2038 |
curriculum for high school graduation than specified in division | 2039 |
(B) or (C) of this section. A school district board of education, | 2040 |
through the adoption of a resolution, or the governing authority | 2041 |
of a chartered nonpublic school may stipulate any of the | 2042 |
following: | 2043 |
(1) A minimum high school curriculum that requires more than | 2044 |
twenty units of academic credit to graduate; | 2045 |
(2) An exception to the district's or school's minimum high | 2046 |
school curriculum that is comparable to the exception provided in | 2047 |
division (D) of this section but with additional requirements, | 2048 |
which may include a requirement that the student successfully | 2049 |
complete more than the minimum curriculum prescribed in division | 2050 |
(B) of this section; | 2051 |
(3) That no exception comparable to that provided in division | 2052 |
(D) of this section is available. | 2053 |
(F) A student enrolled in a dropout prevention and recovery | 2054 |
program, which program has received a waiver from the department, | 2055 |
may qualify for graduation from high school by successfully | 2056 |
completing a competency-based instructional program administered | 2057 |
by the dropout prevention and recovery program in lieu of | 2058 |
completing the Ohio core curriculum prescribed in division (C) of | 2059 |
this section. The department shall grant a waiver to a dropout | 2060 |
prevention and recovery program, within sixty days after the | 2061 |
program applies for the waiver, if the program meets all of the | 2062 |
following conditions: | 2063 |
(1) The program serves only students not younger than sixteen | 2064 |
years of age and not older than twenty-one years of age. | 2065 |
(2) The program enrolls students who, at the time of their | 2066 |
initial enrollment, either, or both, are at least one grade level | 2067 |
behind their cohort age groups or experience crises that | 2068 |
significantly interfere with their academic progress such that | 2069 |
they are prevented from continuing their traditional programs. | 2070 |
(3) The program requires students to attain at least the | 2071 |
applicable score designated for each of the assessments prescribed | 2072 |
under division (B)(1) of section 3301.0710 of the Revised Code or, | 2073 |
to the extent prescribed by rule of the state board under division | 2074 |
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) | 2075 |
of that section. | 2076 |
(4) The program develops | 2077 |
success plan for the student under division (C)(1) of section | 2078 |
3313.6015 of the Revised Code that specifies the student's | 2079 |
matriculating to a two-year degree program, acquiring a business | 2080 |
and industry credential, or entering an apprenticeship. | 2081 |
(5) The program provides counseling and support for the | 2082 |
student related to the plan developed under division (F)(4) of | 2083 |
this section during the remainder of the student's high school | 2084 |
experience. | 2085 |
(6) The program requires the student and the student's | 2086 |
parent, guardian, or custodian to sign and file, in accordance | 2087 |
with procedural requirements stipulated by the program, a written | 2088 |
statement asserting the parent's, guardian's, or custodian's | 2089 |
consent to the student's graduating without completing the Ohio | 2090 |
core curriculum and acknowledging that one consequence of not | 2091 |
completing the Ohio core curriculum is ineligibility to enroll in | 2092 |
most state universities in Ohio without further coursework. | 2093 |
(7) Prior to receiving the waiver, the program has submitted | 2094 |
to the department an instructional plan that demonstrates how the | 2095 |
academic content standards adopted by the state board under | 2096 |
section 3301.079 of the Revised Code will be taught and assessed. | 2097 |
(8) Prior to receiving the waiver, the program has submitted | 2098 |
to the department a policy on career advising that satisfies the | 2099 |
requirements of section 3313.6015 of the Revised Code, with an | 2100 |
emphasis on how every student will receive career advising. | 2101 |
(9) Prior to receiving the waiver, the program has submitted | 2102 |
to the department a written agreement outlining the future | 2103 |
cooperation between the program and any combination of local job | 2104 |
training, postsecondary education, nonprofit, and health and | 2105 |
social service organizations to provide services for students in | 2106 |
the program and their families. | 2107 |
Divisions (F)(8) and (9) of this section apply only to | 2108 |
waivers granted on or after the effective date of this amendment. | 2109 |
If the department does not act either to grant the waiver or | 2110 |
to reject the program application for the waiver within sixty days | 2111 |
as required under this section, the waiver shall be considered to | 2112 |
be granted. | 2113 |
(G) Every high school may permit students below the ninth | 2114 |
grade to take advanced work. If a high school so permits, it shall | 2115 |
award high school credit for successful completion of the advanced | 2116 |
work and shall count such advanced work toward the graduation | 2117 |
requirements of division (B) or (C) of this section if the | 2118 |
advanced work was both: | 2119 |
(1) Taught by a person who possesses a license or certificate | 2120 |
issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 2121 |
Code that is valid for teaching high school; | 2122 |
(2) Designated by the board of education of the city, local, | 2123 |
or exempted village school district, the board of the cooperative | 2124 |
education school district, or the governing authority of the | 2125 |
chartered nonpublic school as meeting the high school curriculum | 2126 |
requirements. | 2127 |
Each high school shall record on the student's high school | 2128 |
transcript all high school credit awarded under division (G) of | 2129 |
this section. In addition, if the student completed a seventh- or | 2130 |
eighth-grade fine arts course described in division (K) of this | 2131 |
section and the course qualified for high school credit under that | 2132 |
division, the high school shall record that course on the | 2133 |
student's high school transcript. | 2134 |
(H) The department shall make its individual academic career | 2135 |
plan available through its Ohio career information system web site | 2136 |
for districts and schools to use as a tool for communicating with | 2137 |
and providing guidance to students and families in selecting high | 2138 |
school courses. | 2139 |
(I) Units earned in English language arts, mathematics, | 2140 |
science, and social studies that are delivered through integrated | 2141 |
academic and career-technical instruction are eligible to meet the | 2142 |
graduation requirements of division (B) or (C) of this section. | 2143 |
(J) The state board, in consultation with the chancellor, | 2144 |
shall adopt a statewide plan implementing methods for students to | 2145 |
earn units of high school credit based on a demonstration of | 2146 |
subject area competency, instead of or in combination with | 2147 |
completing hours of classroom instruction. The state board shall | 2148 |
adopt the plan not later than March 31, 2009, and commence phasing | 2149 |
in the plan during the 2009-2010 school year. The plan shall | 2150 |
include a standard method for recording demonstrated proficiency | 2151 |
on high school transcripts. Each school district and community | 2152 |
school shall comply with the state board's plan adopted under this | 2153 |
division and award units of high school credit in accordance with | 2154 |
the plan. The state board may adopt existing methods for earning | 2155 |
high school credit based on a demonstration of subject area | 2156 |
competency as necessary prior to the 2009-2010 school year. | 2157 |
(K) This division does not apply to students who qualify for | 2158 |
graduation from high school under division (D) or (F) of this | 2159 |
section, or to students pursuing a career-technical instructional | 2160 |
track as determined by the school district board of education or | 2161 |
the chartered nonpublic school's governing authority. | 2162 |
Nevertheless, the general assembly encourages such students to | 2163 |
consider enrolling in a fine arts course as an elective. | 2164 |
Beginning with students who enter ninth grade for the first | 2165 |
time on or after July 1, 2010, each student enrolled in a public | 2166 |
or chartered nonpublic high school shall complete two semesters or | 2167 |
the equivalent of fine arts to graduate from high school. The | 2168 |
coursework may be completed in any of grades seven to twelve. Each | 2169 |
student who completes a fine arts course in grade seven or eight | 2170 |
may elect to count that course toward the five units of electives | 2171 |
required for graduation under division (C)(8) of this section, if | 2172 |
the course satisfied the requirements of division (G) of this | 2173 |
section. In that case, the high school shall award the student | 2174 |
high school credit for the course and count the course toward the | 2175 |
five units required under division (C)(8) of this section. If the | 2176 |
course in grade seven or eight did not satisfy the requirements of | 2177 |
division (G) of this section, the high school shall not award the | 2178 |
student high school credit for the course but shall count the | 2179 |
course toward the two semesters or the equivalent of fine arts | 2180 |
required by this division. | 2181 |
(L) Notwithstanding anything to the contrary in this section, | 2182 |
the board of education of each school district and the governing | 2183 |
authority of each chartered nonpublic school may adopt a policy to | 2184 |
excuse from the high school physical education requirement each | 2185 |
student who, during high school, has participated in | 2186 |
interscholastic athletics, marching band, or cheerleading for at | 2187 |
least two full seasons or in the junior reserve officer training | 2188 |
corps for at least two full school years. If the board or | 2189 |
authority adopts such a policy, the board or authority shall not | 2190 |
require the student to complete any physical education course as a | 2191 |
condition to graduate. However, the student shall be required to | 2192 |
complete one-half unit, consisting of at least sixty hours of | 2193 |
instruction, in another course of study. In the case of a student | 2194 |
who has participated in the junior reserve officer training corps | 2195 |
for at least two full school years, credit received for that | 2196 |
participation may be used to satisfy the requirement to complete | 2197 |
one-half unit in another course of study. | 2198 |
(M) It is important that high school students learn and | 2199 |
understand United States history and the governments of both the | 2200 |
United States and the state of Ohio. Therefore, beginning with | 2201 |
students who enter ninth grade for the first time on or after July | 2202 |
1, 2012, the study of American history and American government | 2203 |
required by divisions (B)(6) and (C)(6) of this section shall | 2204 |
include the study of all of the following documents: | 2205 |
(1) The Declaration of Independence; | 2206 |
(2) The Northwest Ordinance; | 2207 |
(3) The Constitution of the United States with emphasis on | 2208 |
the Bill of Rights; | 2209 |
(4) The Ohio Constitution. | 2210 |
The study of each of the documents prescribed in divisions | 2211 |
(M)(1) to (4) of this section shall include study of that document | 2212 |
in its original context. | 2213 |
The study of American history and government required by | 2214 |
divisions (B)(6) and (C)(6) of this section shall include the | 2215 |
historical evidence of the role of documents such as the | 2216 |
Federalist Papers and the Anti-Federalist Papers to firmly | 2217 |
establish the historical background leading to the establishment | 2218 |
of the provisions of the Constitution and Bill of Rights. | 2219 |
Sec. 3313.6013. (A) As used in this section, " | 2220 |
advanced standing program" means a program that enables a student | 2221 |
to earn credit toward a degree from an institution of higher | 2222 |
education while enrolled in high school or that enables a student | 2223 |
to complete coursework while enrolled in high school that may earn | 2224 |
credit toward a degree from an institution of higher education | 2225 |
upon the student's attainment of a specified score on an | 2226 |
examination covering the coursework. | 2227 |
standing programs may include any of the following: | 2228 |
(1) The | 2229 |
program established under Chapter 3365. of the Revised Code; | 2230 |
(2) Advanced placement courses; | 2231 |
(3) | 2232 |
2233 | |
2234 | |
diploma courses; | 2235 |
(4) Early college high | 2236 |
(B) Each city, local, exempted village, and joint vocational | 2237 |
school district and each chartered nonpublic high school shall | 2238 |
provide students enrolled in grades nine through twelve with the | 2239 |
opportunity to participate in | 2240 |
standing program. For this purpose, each school district and | 2241 |
chartered nonpublic high school shall offer at least one | 2242 |
2243 | |
(B)(1) or (2) of this section, as applicable. | 2244 |
(1) A city, local, or exempted village school district meets | 2245 |
the requirements of this division through its mandatory | 2246 |
participation in the | 2247 |
credit plus program established under Chapter 3365. of the Revised | 2248 |
Code. However, a city, local, or exempted village school district | 2249 |
may offer any other | 2250 |
addition to the | 2251 |
plus program, and each joint vocational school district shall | 2252 |
offer at least one other | 2253 |
program, to students in good standing, as defined by the | 2254 |
partnership for continued learning under section 3301.42 of the | 2255 |
Revised Code as it existed prior to October 16, 2009, or as | 2256 |
subsequently defined by the department of education. | 2257 |
(2) A chartered nonpublic high school that elects to | 2258 |
participate in the | 2259 |
credit plus program established under Chapter 3365. of the Revised | 2260 |
Code meets the requirements of this division. Each chartered | 2261 |
nonpublic high school that elects not to participate in the | 2262 |
2263 | |
instead shall offer at least one other
| 2264 |
standing program to students in good standing, as defined by the | 2265 |
partnership for continued learning under section 3301.42 of the | 2266 |
Revised Code as it existed prior to October 16, 2009, or as | 2267 |
subsequently defined by the department of education. | 2268 |
(C) Each school district and each chartered nonpublic high | 2269 |
school shall provide information about the | 2270 |
advanced standing programs offered by the district or school to | 2271 |
all students enrolled in grades eight through eleven. | 2272 |
(D) | 2273 |
described in division (A)(1) of this section, no city, local, | 2274 |
exempted village, and joint vocational school district shall | 2275 |
charge an enrolled student an additional fee or tuition for | 2276 |
participation in any | 2277 |
offered by the district. Students may be required to pay the costs | 2278 |
associated with taking an advanced placement or international | 2279 |
baccalaureate examination. | 2280 |
(E) Any agreement between a school district or school and an | 2281 |
associated college, as defined in section 3365.10 of the Revised | 2282 |
Code, governing the operation of an early college high school | 2283 |
program shall be subject to the requirements of the college credit | 2284 |
plus program, with the following exceptions: | 2285 |
(1) Any aspect of the agreement that does not relate to the | 2286 |
conferral of transcripted credit, as defined in section 3365.01 of | 2287 |
the Revised Code, shall not be subject to the requirements of the | 2288 |
college credit plus program. | 2289 |
(2) If the early college high school program began operating | 2290 |
prior to July 1, 2014, the agreement shall not be subject to the | 2291 |
requirements of the college credit plus program until the later of | 2292 |
the date on which the existing agreement expires or July 1, 2015. | 2293 |
(3) If the district, school, or associated college obtains a | 2294 |
waiver for the agreement under section 3365.10 of the Revised | 2295 |
Code, the agreement shall not be subject to the requirements of | 2296 |
the college credit plus program. | 2297 |
(4) If the district, school, or associated college operating | 2298 |
the early college high school program was granted an award under | 2299 |
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly | 2300 |
for the 2014-2015 school year, as the lead applicant on the grant | 2301 |
or as part of a consortium, for a project involving the | 2302 |
establishment or expansion of an early college high school, the | 2303 |
agreement shall not be subject to the requirements of the college | 2304 |
credit plus program during the period of time for which the | 2305 |
project is funded by the grant award under that section. | 2306 |
The college credit plus program shall not govern any advanced | 2307 |
placement course or international baccalaureate diploma course as | 2308 |
described under this section. | 2309 |
(F) As used in this section, "early college high school | 2310 |
program" means a program operated by a school district or school | 2311 |
and an associated college, as defined in section 3365.10 of the | 2312 |
Revised Code, that provides a personalized learning plan, which is | 2313 |
based on accelerated curriculum and includes both high school and | 2314 |
college-level coursework, and enables the following students to | 2315 |
earn a high school diploma and an associate degree, or the | 2316 |
equivalent number of transcripted credits, upon successful | 2317 |
completion of the program: | 2318 |
(1) Students who are underrepresented in regard to completing | 2319 |
post-secondary education; | 2320 |
(2) Students who are economically disadvantaged, as defined | 2321 |
by the department of education; | 2322 |
(3) Students whose parents did not earn a college degree. | 2323 |
Sec. 3313.6015. (A)(1) Beginning in the 2014-2015 school | 2324 |
year, the board of education of each city, local, exempted | 2325 |
village, and joint vocational school district shall adopt a policy | 2326 |
on career advising that complies with this section. Thereafter, | 2327 |
the policy shall be updated at least once every two years. | 2328 |
(2) The board shall make the policy publicly available to | 2329 |
students, parents, guardians, or custodians, local post-secondary | 2330 |
institutions, and residents of the district. The district shall | 2331 |
post the policy in a prominent location on its web site, if it has | 2332 |
one. | 2333 |
(B) The policy on career advising shall specify how the | 2334 |
district will do all of the following: | 2335 |
(1) Provide students with grade-level examples that link | 2336 |
their schoolwork to one or more career fields. A district may use | 2337 |
career connections developed under division (B)(2) of section | 2338 |
3301.079 of the Revised Code for this purpose. | 2339 |
(2) Create a plan to provide career advising to students in | 2340 |
grades six through twelve; | 2341 |
(3) Provide additional interventions and career advising for | 2342 |
students who are identified as at risk of dropping out of school | 2343 |
in accordance with division (C) of this section; | 2344 |
(4) Train its employees on how to advise students on career | 2345 |
pathways, including training on advising students using online | 2346 |
tools; | 2347 |
(5) Develop multiple, clear academic pathways through high | 2348 |
school that students may choose in order to earn a high school | 2349 |
diploma; | 2350 |
(6) Identify and publicize courses that can award students | 2351 |
both traditional academic and career-technical credit; | 2352 |
(7) Document the career advising provided to each student for | 2353 |
review by the student, the student's parent, guardian, or | 2354 |
custodian, and future schools that the student may attend. A | 2355 |
district shall not otherwise release this information without the | 2356 |
written consent of the student's parent, guardian, or custodian, | 2357 |
if the student is less than eighteen years old, or the written | 2358 |
consent of the student, if the student is at least eighteen years | 2359 |
old. | 2360 |
(8) Prepare students for their transition from high school to | 2361 |
their post-secondary destinations, including any special | 2362 |
interventions that are necessary for students in need of | 2363 |
remediation in mathematics or English language arts. | 2364 |
(C)(1) Each district shall identify students who are at risk | 2365 |
of dropping out of school using a method that is both | 2366 |
research-based and locally-based. If a student is identified as at | 2367 |
risk of dropping out of school, the district shall develop a | 2368 |
student success plan that addresses the student's academic pathway | 2369 |
to a successful graduation and the role of career-technical | 2370 |
education, competency-based education, and experiential learning, | 2371 |
as appropriate, in that pathway. | 2372 |
(2) Prior to developing a student success plan for a student, | 2373 |
the district shall invite the student's parent, guardian, or | 2374 |
custodian to assist in developing the plan. If the student's | 2375 |
parent, guardian, or custodian does not participate in the | 2376 |
development of the plan, the district shall provide to the parent, | 2377 |
guardian, or custodian a copy of the student's success plan and a | 2378 |
statement of the importance of a high school diploma and the | 2379 |
academic pathways available to the student in order to | 2380 |
successfully graduate. | 2381 |
(3) Following the development of a student success plan for a | 2382 |
student, the district shall provide career advising to the student | 2383 |
that is aligned with the plan and the district's plan to provide | 2384 |
career advising created under division (B)(2) of this section. | 2385 |
(D) Not later than September 30, 2014, the department of | 2386 |
education shall develop and post on its web site model policies on | 2387 |
career advising and model student success plans. | 2388 |
Sec. 3313.6016. (A) Beginning in the 2011-2012 school year, | 2389 |
the department of education shall administer a pilot program | 2390 |
requiring daily physical activity for students. Any school | 2391 |
district; community school established under Chapter 3314. of the | 2392 |
Revised Code; science, technology, engineering, and mathematics | 2393 |
school established under Chapter 3326. of the Revised Code; or | 2394 |
chartered nonpublic school annually may elect to participate in | 2395 |
the pilot program by notifying the department of its interest by a | 2396 |
date established by the department. If a school district elects to | 2397 |
participate in the pilot program, the district shall select one or | 2398 |
more school buildings to participate in the program. To the | 2399 |
maximum extent possible, the department shall seek to include in | 2400 |
the pilot program districts and schools that are located in urban, | 2401 |
suburban, and rural areas distributed geographically throughout | 2402 |
the state. The department shall administer the pilot program in | 2403 |
accordance with this section. | 2404 |
(B) Except as provided in division (C) of this section, each | 2405 |
district or school participating in the pilot program shall | 2406 |
require all students in the school building selected under | 2407 |
division (A) of this section to engage in at least thirty minutes | 2408 |
of moderate to rigorous physical activity each school day or at | 2409 |
least one hundred fifty minutes of moderate to rigorous physical | 2410 |
activity each week, exclusive of recess. Physical activity engaged | 2411 |
in during the following may count toward the daily requirement: | 2412 |
(1) A physical education course; | 2413 |
(2) A program or activity occurring before or after the | 2414 |
regular school day, as defined in section 3313.814 of the Revised | 2415 |
Code, that is sponsored or approved by the school of attendance, | 2416 |
provided school officials are able to monitor students' | 2417 |
participation to ensure compliance with the requirement. | 2418 |
(C) None of the following shall be subject to the requirement | 2419 |
of division (B) of this section: | 2420 |
(1) Any student enrolled in the | 2421 |
2422 | |
3365. of the Revised Code; | 2423 |
(2) Any student enrolled in a career-technical education | 2424 |
program operated by the district or school; | 2425 |
(3) Any student enrolled in a dropout prevention and recovery | 2426 |
program operated by the district or school. | 2427 |
(D) For any period in which a student is participating in | 2428 |
interscholastic athletics, marching band, cheerleading, or a | 2429 |
junior reserve officer training corps program, the district or | 2430 |
school may excuse the student from the requirement of division (B) | 2431 |
of this section. | 2432 |
(E) The district or school may excuse any kindergarten | 2433 |
student who is not enrolled in all-day kindergarten, as defined in | 2434 |
section 3321.05 of the Revised Code, from the requirement of | 2435 |
division (B) of this section. | 2436 |
(F) Each district or school annually shall report to the | 2437 |
department, in the manner prescribed by the department, how the | 2438 |
district or school implemented the thirty minutes of daily | 2439 |
physical activity and the financial costs of implementation. The | 2440 |
department shall issue an annual report of the data collected | 2441 |
under this division. | 2442 |
Sec. 3313.90. As used in this section, "formula ADM" has the | 2443 |
same meaning as in section 3317.02 of the Revised Code. | 2444 |
Notwithstanding division (D) of section 3311.19 and division (D) | 2445 |
of section 3311.52 of the Revised Code, the provisions of this | 2446 |
section that apply to a city school district do not apply to any | 2447 |
joint vocational or cooperative education school district. | 2448 |
(A) | 2449 |
each city, local, and exempted village school district shall, by | 2450 |
one of the following means, provide | 2451 |
enrolled in grades seven through twelve career-technical education | 2452 |
adequate to prepare a | 2453 |
occupation: | 2454 |
(1) Establishing and maintaining a | 2455 |
career-technical education program that meets standards adopted by | 2456 |
the state board of education; | 2457 |
(2) Being a member of a joint vocational school district that | 2458 |
meets standards adopted by the state board; | 2459 |
(3) Contracting for | 2460 |
with a joint vocational school district or another school district | 2461 |
that meets the standards adopted by the state board. | 2462 |
The standards of the state board of education shall include | 2463 |
criteria for the participation by nonpublic students in
| 2464 |
career-technical education programs without financial assessment, | 2465 |
charge, or tuition to such student except such assessments, | 2466 |
charges, or tuition paid by resident public school students in | 2467 |
such programs. Such nonpublic school students shall be included in | 2468 |
the formula ADM of the school district maintaining the | 2469 |
career-technical education program as part-time students in | 2470 |
proportion to the time spent in the | 2471 |
education program. | 2472 |
By the thirtieth day of October of each year, the | 2473 |
superintendent of public instruction shall determine and certify | 2474 |
to the superintendent of each school district subject to this | 2475 |
section either that the district is in compliance with the | 2476 |
requirements of this section for the current school year or that | 2477 |
the district is not in compliance. If the superintendent certifies | 2478 |
that the district is not in compliance, he shall notify the board | 2479 |
of education of the district of the actions necessary to bring the | 2480 |
district into compliance with this section. | 2481 |
In meeting standards established by the state board of | 2482 |
education, school districts, where practicable, shall provide | 2483 |
2484 | |
minimum enrollment of fifteen hundred | 2485 |
nine through twelve is established as a base for comprehensive | 2486 |
2487 | |
with the 2014-2015 school year, this base shall increase to a | 2488 |
minimum enrollment of two thousand two hundred fifty students in | 2489 |
grades seven through twelve. A school district may meet this | 2490 |
requirement alone, through a cooperative arrangement pursuant to | 2491 |
section 3313.92 of the Revised Code, through school district | 2492 |
consolidation, by membership in a joint vocational school | 2493 |
district, by contract with a school district, by contract with a | 2494 |
school licensed by any state agency established by the Revised | 2495 |
Code which school operates its courses offered for contracting | 2496 |
with public schools under standards as to staffing and facilities | 2497 |
comparable to those prescribed by the state board of education for | 2498 |
public schools provided no instructor in such courses shall be | 2499 |
required to be certificated by the state department of education, | 2500 |
or in a combination of such ways. Exceptions to the minimum | 2501 |
2502 | |
this section may be made by the state board of education based on | 2503 |
sparsity of population or other factors indicating that | 2504 |
comprehensive educational and | 2505 |
education programs as required by this section can be provided | 2506 |
through an alternate plan. | 2507 |
(B) | 2508 |
2509 | |
2510 | |
2511 | |
2512 | |
2513 | |
2514 | |
2515 | |
2516 | |
2517 | |
2518 |
| 2519 |
2520 |
| 2521 |
2522 | |
2523 |
| 2524 |
2525 |
| 2526 |
2527 | |
2528 | |
For any particular school year, the board of education of a city, | 2529 |
local, or exempted village school district may obtain from the | 2530 |
department a waiver from the requirement to provide | 2531 |
career-technical education to students enrolled in grades seven | 2532 |
and eight by doing both of the following: | 2533 |
(1) Adopting, at a regularly scheduled board meeting, a | 2534 |
resolution to request the waiver; | 2535 |
(2) Submitting a copy of the resolution to the department by | 2536 |
the thirtieth day of September of the school year for which | 2537 |
career-technical education will not be provided to students | 2538 |
enrolled in grades seven and eight. | 2539 |
Sec. 3314.08. (A) As used in this section: | 2540 |
(1)(a) "Category one career-technical education student" | 2541 |
means a student who is receiving the career-technical education | 2542 |
services described in division (A) of section 3317.014 of the | 2543 |
Revised Code. | 2544 |
(b) "Category two career-technical student" means a student | 2545 |
who is receiving the career-technical education services described | 2546 |
in division (B) of section 3317.014 of the Revised Code. | 2547 |
(c) "Category three career-technical student" means a student | 2548 |
who is receiving the career-technical education services described | 2549 |
in division (C) of section 3317.014 of the Revised Code. | 2550 |
(d) "Category four career-technical student" means a student | 2551 |
who is receiving the career-technical education services described | 2552 |
in division (D) of section 3317.014 of the Revised Code. | 2553 |
(e) "Category five career-technical education student" means | 2554 |
a student who is receiving the career-technical education services | 2555 |
described in division (E) of section 3317.014 of the Revised Code. | 2556 |
(2)(a) "Category one limited English proficient student" | 2557 |
means a limited English proficient student described in division | 2558 |
(A) of section 3317.016 of the Revised Code. | 2559 |
(b) "Category two limited English proficient student" means a | 2560 |
limited English proficient student described in division (B) of | 2561 |
section 3317.016 of the Revised Code. | 2562 |
(c) "Category three limited English proficient student" means | 2563 |
a limited English proficient student described in division (C) of | 2564 |
section 3317.016 of the Revised Code. | 2565 |
(3)(a) "Category one special education student" means a | 2566 |
student who is receiving special education services for a | 2567 |
disability specified in division (A) of section 3317.013 of the | 2568 |
Revised Code. | 2569 |
(b) "Category two special education student" means a student | 2570 |
who is receiving special education services for a disability | 2571 |
specified in division (B) of section 3317.013 of the Revised Code. | 2572 |
(c) "Category three special education student" means a | 2573 |
student who is receiving special education services for a | 2574 |
disability specified in division (C) of section 3317.013 of the | 2575 |
Revised Code. | 2576 |
(d) "Category four special education student" means a student | 2577 |
who is receiving special education services for a disability | 2578 |
specified in division (D) of section 3317.013 of the Revised Code. | 2579 |
(e) "Category five special education student" means a student | 2580 |
who is receiving special education services for a disability | 2581 |
specified in division (E) of section 3317.013 of the Revised Code. | 2582 |
(f) "Category six special education student" means a student | 2583 |
who is receiving special education services for a disability | 2584 |
specified in division (F) of section 3317.013 of the Revised Code. | 2585 |
(4) "Formula amount" has the same meaning as in section | 2586 |
3317.02 of the Revised Code. | 2587 |
(5) "IEP" has the same meaning as in section 3323.01 of the | 2588 |
Revised Code. | 2589 |
(6) "Resident district" means the school district in which a | 2590 |
student is entitled to attend school under section 3313.64 or | 2591 |
3313.65 of the Revised Code. | 2592 |
(7) "State education aid" has the same meaning as in section | 2593 |
5751.20 of the Revised Code. | 2594 |
(B) The state board of education shall adopt rules requiring | 2595 |
both of the following: | 2596 |
(1) The board of education of each city, exempted village, | 2597 |
and local school district to annually report the number of | 2598 |
students entitled to attend school in the district who are | 2599 |
enrolled in each grade kindergarten through twelve in a community | 2600 |
school established under this chapter, and for each child, the | 2601 |
community school in which the child is enrolled. | 2602 |
(2) The governing authority of each community school | 2603 |
established under this chapter to annually report all of the | 2604 |
following: | 2605 |
(a) The number of students enrolled in grades one through | 2606 |
twelve and the full-time equivalent number of students enrolled in | 2607 |
kindergarten in the school who are not receiving special education | 2608 |
and related services pursuant to an IEP; | 2609 |
(b) The number of enrolled students in grades one through | 2610 |
twelve and the full-time equivalent number of enrolled students in | 2611 |
kindergarten, who are receiving special education and related | 2612 |
services pursuant to an IEP; | 2613 |
(c) The number of students reported under division (B)(2)(b) | 2614 |
of this section receiving special education and related services | 2615 |
pursuant to an IEP for a disability described in each of divisions | 2616 |
(A) to (F) of section 3317.013 of the Revised Code; | 2617 |
(d) The full-time equivalent number of students reported | 2618 |
under divisions (B)(2)(a) and (b) of this section who are enrolled | 2619 |
in career-technical education programs or classes described in | 2620 |
each of divisions (A) to (E) of section 3317.014 of the Revised | 2621 |
Code that are provided by the community school; | 2622 |
(e) Twenty per cent of the number of students reported under | 2623 |
divisions (B)(2)(a) and (b) of this section who are not reported | 2624 |
under division (B)(2)(d) of this section but who are enrolled in | 2625 |
career-technical education programs or classes described in each | 2626 |
of divisions (A) to (E) of section 3317.014 of the Revised Code at | 2627 |
a joint vocational school district or another district in the | 2628 |
career-technical planning district to which the school is | 2629 |
assigned; | 2630 |
(f) The number of students reported under divisions (B)(2)(a) | 2631 |
and (b) of this section who are category one to three limited | 2632 |
English proficient students described in each of divisions (A) to | 2633 |
(C) of section 3317.016 of the Revised Code; | 2634 |
(g) The number of students reported under divisions (B)(2)(a) | 2635 |
and (b) who are economically disadvantaged, as defined by the | 2636 |
department. A student shall not be categorically excluded from the | 2637 |
number reported under division (B)(2)(g) of this section based on | 2638 |
anything other than family income. | 2639 |
(h) For each student, the city, exempted village, or local | 2640 |
school district in which the student is entitled to attend school | 2641 |
under section 3313.64 or 3313.65 of the Revised Code. | 2642 |
A school district board and a community school governing | 2643 |
authority shall include in their respective reports under division | 2644 |
(B) of this section any child admitted in accordance with division | 2645 |
(A)(2) of section 3321.01 of the Revised Code. | 2646 |
A governing authority of a community school shall not include | 2647 |
in its report under division (B)(2) of this section any student | 2648 |
for whom tuition is charged under division (F) of this section. | 2649 |
(C)(1) Except as provided in division (C)(2) of this section, | 2650 |
and subject to divisions (C)(3), (4), (5), (6), and (7) of this | 2651 |
section, on a full-time equivalency basis, for each student | 2652 |
enrolled in a community school established under this chapter, the | 2653 |
department of education annually shall deduct from the state | 2654 |
education aid of a student's resident district and, if necessary, | 2655 |
from the payment made to the district under sections 321.24 and | 2656 |
323.156 of the Revised Code and pay to the community school the | 2657 |
sum of the following: | 2658 |
(a) An opportunity grant in an amount equal to the formula | 2659 |
amount; | 2660 |
(b) The per pupil amount of targeted assistance funds | 2661 |
calculated under division (A) of section 3317.0217 of the Revised | 2662 |
Code for the student's resident district, as determined by the | 2663 |
department, X 0.25; | 2664 |
(c) Additional state aid for special education and related | 2665 |
services provided under Chapter 3323. of the Revised Code as | 2666 |
follows: | 2667 |
(i) If the student is a category one special education | 2668 |
student, the amount specified in division (A) of section 3317.013 | 2669 |
of the Revised Code; | 2670 |
(ii) If the student is a category two special education | 2671 |
student, the amount specified in division (B) of section 3317.013 | 2672 |
of the Revised Code; | 2673 |
(iii) If the student is a category three special education | 2674 |
student, the amount specified in division (C) of section 3317.013 | 2675 |
of the Revised Code; | 2676 |
(iv) If the student is a category four special education | 2677 |
student, the amount specified in division (D) of section 3317.013 | 2678 |
of the Revised Code; | 2679 |
(v) If the student is a category five special education | 2680 |
student, the amount specified in division (E) of section 3317.013 | 2681 |
of the Revised Code; | 2682 |
(vi) If the student is a category six special education | 2683 |
student, the amount specified in division (F) of section 3317.013 | 2684 |
of the Revised Code. | 2685 |
(d) If the student is in kindergarten through third grade, an | 2686 |
additional amount of $211, in fiscal year 2014, and $290, in | 2687 |
fiscal year 2015; | 2688 |
(e) If the student is economically disadvantaged, an | 2689 |
additional amount equal to the following: | 2690 |
($269, in fiscal year 2014, or $272, in fiscal year 2015) X | 2691 |
(the resident district's economically disadvantaged index) | 2692 |
(f) Limited English proficiency funds as follows: | 2693 |
(i) If the student is a category one limited English | 2694 |
proficient student, the amount specified in division (A) of | 2695 |
section 3317.016 of the Revised Code; | 2696 |
(ii) If the student is a category two limited English | 2697 |
proficient student, the amount specified in division (B) of | 2698 |
section 3317.016 of the Revised Code; | 2699 |
(iii) If the student is a category three limited English | 2700 |
proficient student, the amount specified in division (C) of | 2701 |
section 3317.016 of the Revised Code. | 2702 |
(g) Career-technical education funds as follows: | 2703 |
(i) If the student is a category one career-technical | 2704 |
education student, the amount specified in division (A) of section | 2705 |
3317.014 of the Revised Code; | 2706 |
(ii) If the student is a category two career-technical | 2707 |
education student, the amount specified in division (B) of section | 2708 |
3317.014 of the Revised Code; | 2709 |
(iii) If the student is a category three career-technical | 2710 |
education student, the amount specified in division (C) of section | 2711 |
3317.014 of the Revised Code; | 2712 |
(iv) If the student is a category four career-technical | 2713 |
education student, the amount specified in division (D) of section | 2714 |
3317.014 of the Revised Code; | 2715 |
(v) If the student is a category five career-technical | 2716 |
education student, the amount specified in division (E) of section | 2717 |
3317.014 of the Revised Code. | 2718 |
Deduction and payment of funds under division (C)(1)(g) of | 2719 |
this section is subject to approval by the lead district of a | 2720 |
career-technical planning district or the department of education | 2721 |
under section 3317.161 of the Revised Code. | 2722 |
(2) When deducting from the state education aid of a | 2723 |
student's resident district for students enrolled in an internet- | 2724 |
or computer-based community school and making payments to such | 2725 |
school under this section, the department shall make the | 2726 |
deductions and payments described in only divisions (C)(1)(a), | 2727 |
(c), and (g) of this section. | 2728 |
No deductions or payments shall be made for a student | 2729 |
enrolled in such school under division (C)(1)(b), (d), (e), or (f) | 2730 |
of this section. | 2731 |
(3)(a) If a community school's costs for a fiscal year for a | 2732 |
student receiving special education and related services pursuant | 2733 |
to an IEP for a disability described in divisions (B) to (F) of | 2734 |
section 3317.013 of the Revised Code exceed the threshold | 2735 |
catastrophic cost for serving the student as specified in division | 2736 |
(B) of section 3317.0214 of the Revised Code, the school may | 2737 |
submit to the superintendent of public instruction documentation, | 2738 |
as prescribed by the superintendent, of all its costs for that | 2739 |
student. Upon submission of documentation for a student of the | 2740 |
type and in the manner prescribed, the department shall pay to the | 2741 |
community school an amount equal to the school's costs for the | 2742 |
student in excess of the threshold catastrophic costs. | 2743 |
(b) The community school shall report under division | 2744 |
(C)(3)(a) of this section, and the department shall pay for, only | 2745 |
the costs of educational expenses and the related services | 2746 |
provided to the student in accordance with the student's | 2747 |
individualized education program. Any legal fees, court costs, or | 2748 |
other costs associated with any cause of action relating to the | 2749 |
student may not be included in the amount. | 2750 |
(4) In any fiscal year, a community school receiving funds | 2751 |
under division (C)(1)(g) of this section shall spend those funds | 2752 |
only for the purposes that the department designates as approved | 2753 |
for career-technical education expenses. Career-technical | 2754 |
2755 | |
include only expenses connected to the delivery of | 2756 |
career-technical programming to career-technical students. The | 2757 |
department shall require the school to report data annually so | 2758 |
that the department may monitor the school's compliance with the | 2759 |
requirements regarding the manner in which funding received under | 2760 |
division (C)(1)(g) of this section may be spent. | 2761 |
(5) All funds received under division (C)(1)(g) of this | 2762 |
section shall be spent in the following manner: | 2763 |
(a) At least seventy-five per cent of the funds shall be | 2764 |
spent on curriculum development, purchase, and implementation; | 2765 |
instructional resources and supplies; industry-based program | 2766 |
certification; student assessment, credentialing, and placement; | 2767 |
curriculum specific equipment purchases and leases; | 2768 |
career-technical student organization fees and expenses; home and | 2769 |
agency linkages; work-based learning experiences; professional | 2770 |
development; and other costs directly associated with | 2771 |
career-technical education programs including development of new | 2772 |
programs. | 2773 |
(b) Not more than twenty-five per cent of the funds shall be | 2774 |
used for personnel expenditures. | 2775 |
(6) A community school shall spend the funds it receives | 2776 |
under division (C)(1)(e) of this section in accordance with | 2777 |
section 3317.25 of the Revised Code. | 2778 |
(7) If the sum of the payments computed under division (C)(1) | 2779 |
of this section for the students entitled to attend school in a | 2780 |
particular school district under sections 3313.64 and 3313.65 of | 2781 |
the Revised Code exceeds the sum of that district's state | 2782 |
education aid and its payment under sections 321.24 and 323.156 of | 2783 |
the Revised Code, the department shall calculate and apply a | 2784 |
proration factor to the payments to all community schools under | 2785 |
that division for the students entitled to attend school in that | 2786 |
district. | 2787 |
(D) A board of education sponsoring a community school may | 2788 |
utilize local funds to make enhancement grants to the school or | 2789 |
may agree, either as part of the contract or separately, to | 2790 |
provide any specific services to the community school at no cost | 2791 |
to the school. | 2792 |
(E) A community school may not levy taxes or issue bonds | 2793 |
secured by tax revenues. | 2794 |
(F) No community school shall charge tuition for the | 2795 |
enrollment of any student who is a resident of this state. A | 2796 |
community school may charge tuition for the enrollment of any | 2797 |
student who is not a resident of this state. | 2798 |
(G)(1)(a) A community school may borrow money to pay any | 2799 |
necessary and actual expenses of the school in anticipation of the | 2800 |
receipt of any portion of the payments to be received by the | 2801 |
school pursuant to division (C) of this section. The school may | 2802 |
issue notes to evidence such borrowing. The proceeds of the notes | 2803 |
shall be used only for the purposes for which the anticipated | 2804 |
receipts may be lawfully expended by the school. | 2805 |
(b) A school may also borrow money for a term not to exceed | 2806 |
fifteen years for the purpose of acquiring facilities. | 2807 |
(2) Except for any amount guaranteed under section 3318.50 of | 2808 |
the Revised Code, the state is not liable for debt incurred by the | 2809 |
governing authority of a community school. | 2810 |
(H) The department of education shall adjust the amounts | 2811 |
subtracted and paid under division (C) of this section to reflect | 2812 |
any enrollment of students in community schools for less than the | 2813 |
equivalent of a full school year. The state board of education | 2814 |
within ninety days after April 8, 2003, shall adopt in accordance | 2815 |
with Chapter 119. of the Revised Code rules governing the payments | 2816 |
to community schools under this section including initial payments | 2817 |
in a school year and adjustments and reductions made in subsequent | 2818 |
periodic payments to community schools and corresponding | 2819 |
deductions from school district accounts as provided under | 2820 |
division (C) of this section. For purposes of this section: | 2821 |
(1) A student shall be considered enrolled in the community | 2822 |
school for any portion of the school year the student is | 2823 |
participating at a college under Chapter 3365. of the Revised | 2824 |
Code. | 2825 |
(2) A student shall be considered to be enrolled in a | 2826 |
community school for the period of time beginning on the later of | 2827 |
the date on which the school both has received documentation of | 2828 |
the student's enrollment from a parent and the student has | 2829 |
commenced participation in learning opportunities as defined in | 2830 |
the contract with the sponsor, or thirty days prior to the date on | 2831 |
which the student is entered into the education management | 2832 |
information system established under section 3301.0714 of the | 2833 |
Revised Code. For purposes of applying this division and divisions | 2834 |
(H)(3) and (4) of this section to a community school student, | 2835 |
"learning opportunities" shall be defined in the contract, which | 2836 |
shall describe both classroom-based and non-classroom-based | 2837 |
learning opportunities and shall be in compliance with criteria | 2838 |
and documentation requirements for student participation which | 2839 |
shall be established by the department. Any student's instruction | 2840 |
time in non-classroom-based learning opportunities shall be | 2841 |
certified by an employee of the community school. A student's | 2842 |
enrollment shall be considered to cease on the date on which any | 2843 |
of the following occur: | 2844 |
(a) The community school receives documentation from a parent | 2845 |
terminating enrollment of the student. | 2846 |
(b) The community school is provided documentation of a | 2847 |
student's enrollment in another public or private school. | 2848 |
(c) The community school ceases to offer learning | 2849 |
opportunities to the student pursuant to the terms of the contract | 2850 |
with the sponsor or the operation of any provision of this | 2851 |
chapter. | 2852 |
Except as otherwise specified in this paragraph, beginning in | 2853 |
the 2011-2012 school year, any student who completed the prior | 2854 |
school year in an internet- or computer-based community school | 2855 |
shall be considered to be enrolled in the same school in the | 2856 |
subsequent school year until the student's enrollment has ceased | 2857 |
as specified in division (H)(2) of this section. The department | 2858 |
shall continue subtracting and paying amounts for the student | 2859 |
under division (C) of this section without interruption at the | 2860 |
start of the subsequent school year. However, if the student | 2861 |
without a legitimate excuse fails to participate in the first one | 2862 |
hundred five consecutive hours of learning opportunities offered | 2863 |
to the student in that subsequent school year, the student shall | 2864 |
be considered not to have re-enrolled in the school for that | 2865 |
school year and the department shall recalculate the payments to | 2866 |
the school for that school year to account for the fact that the | 2867 |
student is not enrolled. | 2868 |
(3) The department shall determine each community school | 2869 |
student's percentage of full-time equivalency based on the | 2870 |
percentage of learning opportunities offered by the community | 2871 |
school to that student, reported either as number of hours or | 2872 |
number of days, is of the total learning opportunities offered by | 2873 |
the community school to a student who attends for the school's | 2874 |
entire school year. However, no internet- or computer-based | 2875 |
community school shall be credited for any time a student spends | 2876 |
participating in learning opportunities beyond ten hours within | 2877 |
any period of twenty-four consecutive hours. Whether it reports | 2878 |
hours or days of learning opportunities, each community school | 2879 |
shall offer not less than nine hundred twenty hours of learning | 2880 |
opportunities during the school year. | 2881 |
(4) With respect to the calculation of full-time equivalency | 2882 |
under division (H)(3) of this section, the department shall waive | 2883 |
the number of hours or days of learning opportunities not offered | 2884 |
to a student because the community school was closed during the | 2885 |
school year due to disease epidemic, hazardous weather conditions, | 2886 |
law enforcement emergencies, inoperability of school buses or | 2887 |
other equipment necessary to the school's operation, damage to a | 2888 |
school building, or other temporary circumstances due to utility | 2889 |
failure rendering the school building unfit for school use, so | 2890 |
long as the school was actually open for instruction with students | 2891 |
in attendance during that school year for not less than the | 2892 |
minimum number of hours required by this chapter. The department | 2893 |
shall treat the school as if it were open for instruction with | 2894 |
students in attendance during the hours or days waived under this | 2895 |
division. | 2896 |
(I) The department of education shall reduce the amounts paid | 2897 |
under this section to reflect payments made to colleges under | 2898 |
2899 | |
2900 | |
2901 |
(J)(1) No student shall be considered enrolled in any | 2902 |
internet- or computer-based community school or, if applicable to | 2903 |
the student, in any community school that is required to provide | 2904 |
the student with a computer pursuant to division (C) of section | 2905 |
3314.22 of the Revised Code, unless both of the following | 2906 |
conditions are satisfied: | 2907 |
(a) The student possesses or has been provided with all | 2908 |
required hardware and software materials and all such materials | 2909 |
are operational so that the student is capable of fully | 2910 |
participating in the learning opportunities specified in the | 2911 |
contract between the school and the school's sponsor as required | 2912 |
by division (A)(23) of section 3314.03 of the Revised Code; | 2913 |
(b) The school is in compliance with division (A) of section | 2914 |
3314.22 of the Revised Code, relative to such student. | 2915 |
(2) In accordance with policies adopted jointly by the | 2916 |
superintendent of public instruction and the auditor of state, the | 2917 |
department shall reduce the amounts otherwise payable under | 2918 |
division (C) of this section to any community school that includes | 2919 |
in its program the provision of computer hardware and software | 2920 |
materials to any student, if such hardware and software materials | 2921 |
have not been delivered, installed, and activated for each such | 2922 |
student in a timely manner or other educational materials or | 2923 |
services have not been provided according to the contract between | 2924 |
the individual community school and its sponsor. | 2925 |
The superintendent of public instruction and the auditor of | 2926 |
state shall jointly establish a method for auditing any community | 2927 |
school to which this division pertains to ensure compliance with | 2928 |
this section. | 2929 |
The superintendent, auditor of state, and the governor shall | 2930 |
jointly make recommendations to the general assembly for | 2931 |
legislative changes that may be required to assure fiscal and | 2932 |
academic accountability for such schools. | 2933 |
(K)(1) If the department determines that a review of a | 2934 |
community school's enrollment is necessary, such review shall be | 2935 |
completed and written notice of the findings shall be provided to | 2936 |
the governing authority of the community school and its sponsor | 2937 |
within ninety days of the end of the community school's fiscal | 2938 |
year, unless extended for a period not to exceed thirty additional | 2939 |
days for one of the following reasons: | 2940 |
(a) The department and the community school mutually agree to | 2941 |
the extension. | 2942 |
(b) Delays in data submission caused by either a community | 2943 |
school or its sponsor. | 2944 |
(2) If the review results in a finding that additional | 2945 |
funding is owed to the school, such payment shall be made within | 2946 |
thirty days of the written notice. If the review results in a | 2947 |
finding that the community school owes moneys to the state, the | 2948 |
following procedure shall apply: | 2949 |
(a) Within ten business days of the receipt of the notice of | 2950 |
findings, the community school may appeal the department's | 2951 |
determination to the state board of education or its designee. | 2952 |
(b) The board or its designee shall conduct an informal | 2953 |
hearing on the matter within thirty days of receipt of such an | 2954 |
appeal and shall issue a decision within fifteen days of the | 2955 |
conclusion of the hearing. | 2956 |
(c) If the board has enlisted a designee to conduct the | 2957 |
hearing, the designee shall certify its decision to the board. The | 2958 |
board may accept the decision of the designee or may reject the | 2959 |
decision of the designee and issue its own decision on the matter. | 2960 |
(d) Any decision made by the board under this division is | 2961 |
final. | 2962 |
(3) If it is decided that the community school owes moneys to | 2963 |
the state, the department shall deduct such amount from the | 2964 |
school's future payments in accordance with guidelines issued by | 2965 |
the superintendent of public instruction. | 2966 |
(L) The department shall not subtract from a school | 2967 |
district's state aid account and shall not pay to a community | 2968 |
school under division (C) of this section any amount for any of | 2969 |
the following: | 2970 |
(1) Any student who has graduated from the twelfth grade of a | 2971 |
public or nonpublic high school; | 2972 |
(2) Any student who is not a resident of the state; | 2973 |
(3) Any student who was enrolled in the community school | 2974 |
during the previous school year when assessments were administered | 2975 |
under section 3301.0711 of the Revised Code but did not take one | 2976 |
or more of the assessments required by that section and was not | 2977 |
excused pursuant to division (C)(1) or (3) of that section, unless | 2978 |
the superintendent of public instruction grants the student a | 2979 |
waiver from the requirement to take the assessment and a parent is | 2980 |
not paying tuition for the student pursuant to section 3314.26 of | 2981 |
the Revised Code. The superintendent may grant a waiver only for | 2982 |
good cause in accordance with rules adopted by the state board of | 2983 |
education. | 2984 |
(4) Any student who has attained the age of twenty-two years, | 2985 |
except for veterans of the armed services whose attendance was | 2986 |
interrupted before completing the recognized twelve-year course of | 2987 |
the public schools by reason of induction or enlistment in the | 2988 |
armed forces and who apply for enrollment in a community school | 2989 |
not later than four years after termination of war or their | 2990 |
honorable discharge. If, however, any such veteran elects to | 2991 |
enroll in special courses organized for veterans for whom tuition | 2992 |
is paid under federal law, or otherwise, the department shall not | 2993 |
subtract from a school district's state aid account and shall not | 2994 |
pay to a community school under division (C) of this section any | 2995 |
amount for that veteran. | 2996 |
Sec. 3317.03. (A) The superintendent of each city, local, | 2997 |
and exempted village school district shall report to the state | 2998 |
board of education as of the last day of October, March, and June | 2999 |
of each year the enrollment of students receiving services from | 3000 |
schools under the superintendent's supervision, and the numbers of | 3001 |
other students entitled to attend school in the district under | 3002 |
section 3313.64 or 3313.65 of the Revised Code the superintendent | 3003 |
is required to report under this section, so that the department | 3004 |
of education can calculate the district's formula ADM, total ADM, | 3005 |
category one through five career-technical education ADM, category | 3006 |
one through three limited English proficient ADM, category one | 3007 |
through six special education ADM, preschool scholarship ADM, | 3008 |
transportation ADM, and, for purposes of provisions of law outside | 3009 |
of Chapter 3317. of the Revised Code, average daily membership. | 3010 |
(1) The enrollment reported by the superintendent during the | 3011 |
reporting period shall consist of the number of students in grades | 3012 |
kindergarten through twelve receiving any educational services | 3013 |
from the district, except that the following categories of | 3014 |
students shall not be included in the determination: | 3015 |
(a) Students enrolled in adult education classes; | 3016 |
(b) Adjacent or other district students enrolled in the | 3017 |
district under an open enrollment policy pursuant to section | 3018 |
3313.98 of the Revised Code; | 3019 |
(c) Students receiving services in the district pursuant to a | 3020 |
compact, cooperative education agreement, or a contract, but who | 3021 |
are entitled to attend school in another district pursuant to | 3022 |
section 3313.64 or 3313.65 of the Revised Code; | 3023 |
(d) Students for whom tuition is payable pursuant to sections | 3024 |
3317.081 and 3323.141 of the Revised Code; | 3025 |
(e) Students receiving services in the district through a | 3026 |
scholarship awarded under either section 3310.41 or sections | 3027 |
3310.51 to 3310.64 of the Revised Code. | 3028 |
When reporting students under division (A)(1) of this | 3029 |
section, the superintendent also shall report the district where | 3030 |
each student is entitled to attend school pursuant to sections | 3031 |
3313.64 and 3313.65 of the Revised Code. | 3032 |
(2) The department of education shall compile a list of all | 3033 |
students reported to be enrolled in a district under division | 3034 |
(A)(1) of this section and of the students entitled to attend | 3035 |
school in the district pursuant to section 3313.64 or 3313.65 of | 3036 |
the Revised Code on an FTE basis but receiving educational | 3037 |
services in grades kindergarten through twelve from one or more of | 3038 |
the following entities: | 3039 |
(a) A community school pursuant to Chapter 3314. of the | 3040 |
Revised Code, including any participation in a college pursuant to | 3041 |
Chapter 3365. of the Revised Code while enrolled in such community | 3042 |
school; | 3043 |
(b) An alternative school pursuant to sections 3313.974 to | 3044 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 3045 |
(b) of this section; | 3046 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 3047 |
except when the student is enrolled in the college while also | 3048 |
enrolled in a community school pursuant to Chapter 3314. | 3049 |
science, technology, engineering, and mathematics school | 3050 |
established under Chapter 3326., or a college-preparatory boarding | 3051 |
school established under Chapter 3328. of the Revised Code; | 3052 |
(d) An adjacent or other school district under an open | 3053 |
enrollment policy adopted pursuant to section 3313.98 of the | 3054 |
Revised Code; | 3055 |
(e) An educational service center or cooperative education | 3056 |
district; | 3057 |
(f) Another school district under a cooperative education | 3058 |
agreement, compact, or contract; | 3059 |
(g) A chartered nonpublic school with a scholarship paid | 3060 |
under section 3310.08 of the Revised Code, if the students | 3061 |
qualified for the scholarship under section 3310.03 of the Revised | 3062 |
Code; | 3063 |
(h) An alternative public provider or a registered private | 3064 |
provider with a scholarship awarded under either section 3310.41 | 3065 |
or sections 3310.51 to 3310.64 of the Revised Code. | 3066 |
As used in this section, "alternative public provider" and | 3067 |
"registered private provider" have the same meanings as in section | 3068 |
3310.41 or 3310.51 of the Revised Code, as applicable. | 3069 |
(i) A science, technology, engineering, and mathematics | 3070 |
school established under Chapter 3326. of the Revised Code, | 3071 |
including any participation in a college pursuant to Chapter 3365. | 3072 |
of the Revised Code while enrolled in the school; | 3073 |
(j) A college-preparatory boarding school established under | 3074 |
Chapter 3328. of the Revised Code, including any participation in | 3075 |
a college pursuant to Chapter 3365. of the Revised Code while | 3076 |
enrolled in the school. | 3077 |
(3) The department also shall compile a list of the students | 3078 |
entitled to attend school in the district under section 3313.64 or | 3079 |
3313.65 of the Revised Code who are enrolled in a joint vocational | 3080 |
school district or under a career-technical education compact, | 3081 |
excluding any students so entitled to attend school in the | 3082 |
district who are enrolled in another school district through an | 3083 |
open enrollment policy as reported under division (A)(2)(d) of | 3084 |
this section and then enroll in a joint vocational school district | 3085 |
or under a career-technical education compact. | 3086 |
The department shall provide each city, local, and exempted | 3087 |
village school district with an opportunity to review the list of | 3088 |
students compiled under divisions (A)(2) and (3) of this section | 3089 |
to ensure that the students reported accurately reflect the | 3090 |
enrollment of students in the district. | 3091 |
(B) To enable the department of education to obtain the data | 3092 |
needed to complete the calculation of payments pursuant to this | 3093 |
chapter, each superintendent shall certify from the reports | 3094 |
provided by the department under division (A) of this section all | 3095 |
of the following: | 3096 |
(1) The total student enrollment in regular learning day | 3097 |
classes included in the report under division (A)(1) or (2) of | 3098 |
this section for each of the individual grades kindergarten | 3099 |
through twelve in schools under the superintendent's supervision; | 3100 |
(2) The unduplicated count of the number of preschool | 3101 |
children with disabilities enrolled in the district for whom the | 3102 |
district is eligible to receive funding under section 3317.0213 of | 3103 |
the Revised Code adjusted for the portion of the year each child | 3104 |
is so enrolled, in accordance with the disability categories | 3105 |
prescribed in section 3317.013 of the Revised Code; | 3106 |
(3) The number of children entitled to attend school in the | 3107 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 3108 |
Code who are: | 3109 |
(a) Participating in a pilot project scholarship program | 3110 |
established under sections 3313.974 to 3313.979 of the Revised | 3111 |
Code as described in division (I)(2)(a) or (b) of this section; | 3112 |
(b) Enrolled in a college under Chapter 3365. of the Revised | 3113 |
Code, except when the student is enrolled in the college while | 3114 |
also enrolled in a community school pursuant to Chapter 3314. of | 3115 |
the Revised Code | 3116 |
mathematics school established under Chapter 3326., or a | 3117 |
college-preparatory boarding school established under Chapter | 3118 |
3328. of the Revised Code; | 3119 |
(c) Enrolled in an adjacent or other school district under | 3120 |
section 3313.98 of the Revised Code; | 3121 |
(d) Enrolled in a community school established under Chapter | 3122 |
3314. of the Revised Code that is not an internet- or | 3123 |
computer-based community school as defined in section 3314.02 of | 3124 |
the Revised Code, including any participation in a college | 3125 |
pursuant to Chapter 3365. of the Revised Code while enrolled in | 3126 |
such community school; | 3127 |
(e) Enrolled in an internet- or computer-based community | 3128 |
school, as defined in section 3314.02 of the Revised Code, | 3129 |
including any participation in a college pursuant to Chapter 3365. | 3130 |
of the Revised Code while enrolled in the school; | 3131 |
(f) Enrolled in a chartered nonpublic school with a | 3132 |
scholarship paid under section 3310.08 of the Revised Code and who | 3133 |
qualified for the scholarship under section 3310.03 of the Revised | 3134 |
Code; | 3135 |
(g) Enrolled in kindergarten through grade twelve in an | 3136 |
alternative public provider or a registered private provider with | 3137 |
a scholarship awarded under section 3310.41 of the Revised Code; | 3138 |
(h) Enrolled as a preschool child with a disability in an | 3139 |
alternative public provider or a registered private provider with | 3140 |
a scholarship awarded under section 3310.41 of the Revised Code; | 3141 |
(i) Participating in a program operated by a county DD board | 3142 |
or a state institution; | 3143 |
(j) Enrolled in a science, technology, engineering, and | 3144 |
mathematics school established under Chapter 3326. of the Revised | 3145 |
Code, including any participation in a college pursuant to Chapter | 3146 |
3365. of the Revised Code while enrolled in the school; | 3147 |
(k) Enrolled in a college-preparatory boarding school | 3148 |
established under Chapter 3328. of the Revised Code, including any | 3149 |
participation in a college pursuant to Chapter 3365. of the | 3150 |
Revised Code while enrolled in the school; | 3151 |
(l) Enrolled in an alternative public provider or a | 3152 |
registered private provider with a scholarship awarded under | 3153 |
sections 3310.51 to 3310.64 of the Revised Code. | 3154 |
(4) The total enrollment of pupils in joint vocational | 3155 |
schools; | 3156 |
(5) The combined enrollment of children with disabilities | 3157 |
reported under division (A)(1) or (2) of this section receiving | 3158 |
special education services for the category one disability | 3159 |
described in division (A) of section 3317.013 of the Revised Code, | 3160 |
including children attending a special education program operated | 3161 |
by an alternative public provider or a registered private provider | 3162 |
with a scholarship awarded under sections 3310.51 to 3310.64 of | 3163 |
the Revised Code; | 3164 |
(6) The combined enrollment of children with disabilities | 3165 |
reported under division (A)(1) or (2) of this section receiving | 3166 |
special education services for category two disabilities described | 3167 |
in division (B) of section 3317.013 of the Revised Code, including | 3168 |
children attending a special education program operated by an | 3169 |
alternative public provider or a registered private provider with | 3170 |
a scholarship awarded under sections 3310.51 to 3310.64 of the | 3171 |
Revised Code; | 3172 |
(7) The combined enrollment of children with disabilities | 3173 |
reported under division (A)(1) or (2) of this section receiving | 3174 |
special education services for category three disabilities | 3175 |
described in division (C) of section 3317.013 of the Revised Code, | 3176 |
including children attending a special education program operated | 3177 |
by an alternative public provider or a registered private provider | 3178 |
with a scholarship awarded under sections 3310.51 to 3310.64 of | 3179 |
the Revised Code; | 3180 |
(8) The combined enrollment of children with disabilities | 3181 |
reported under division (A)(1) or (2) of this section receiving | 3182 |
special education services for category four disabilities | 3183 |
described in division (D) of section 3317.013 of the Revised Code, | 3184 |
including children attending a special education program operated | 3185 |
by an alternative public provider or a registered private provider | 3186 |
with a scholarship awarded under sections 3310.51 to 3310.64 of | 3187 |
the Revised Code; | 3188 |
(9) The combined enrollment of children with disabilities | 3189 |
reported under division (A)(1) or (2) of this section receiving | 3190 |
special education services for the category five disabilities | 3191 |
described in division (E) of section 3317.013 of the Revised Code, | 3192 |
including children attending a special education program operated | 3193 |
by an alternative public provider or a registered private provider | 3194 |
with a scholarship awarded under sections 3310.51 to 3310.64 of | 3195 |
the Revised Code; | 3196 |
(10) The combined enrollment of children with disabilities | 3197 |
reported under division (A)(1) or (2) and under division (B)(3)(h) | 3198 |
of this section receiving special education services for category | 3199 |
six disabilities described in division (F) of section 3317.013 of | 3200 |
the Revised Code, including children attending a special education | 3201 |
program operated by an alternative public provider or a registered | 3202 |
private provider with a scholarship awarded under either section | 3203 |
3310.41 or sections 3310.51 to 3310.64 of the Revised Code; | 3204 |
(11) The enrollment of pupils reported under division (A)(1) | 3205 |
or (2) of this section on a full-time equivalency basis in | 3206 |
category one career-technical education programs or classes, | 3207 |
described in division (A) of section 3317.014 of the Revised Code, | 3208 |
operated by the school district or by another district that is a | 3209 |
member of the district's career-technical planning district, other | 3210 |
than a joint vocational school district, or by an educational | 3211 |
service center, notwithstanding division (H) of section 3317.02 of | 3212 |
the Revised Code and division (C)(3) of this section; | 3213 |
(12) The enrollment of pupils reported under division (A)(1) | 3214 |
or (2) of this section on a full-time equivalency basis in | 3215 |
category two career-technical education programs or services, | 3216 |
described in division (B) of section 3317.014 of the Revised Code, | 3217 |
operated by the school district or another school district that is | 3218 |
a member of the district's career-technical planning district, | 3219 |
other than a joint vocational school district, or by an | 3220 |
educational service center, notwithstanding division (H) of | 3221 |
section 3317.02 of the Revised Code and division (C)(3) of this | 3222 |
section; | 3223 |
(13) The enrollment of pupils reported under division (A)(1) | 3224 |
or (2) of this section on a full-time equivalency basis in | 3225 |
category three career-technical education programs or services, | 3226 |
described in division (C) of section 3317.014 of the Revised Code, | 3227 |
operated by the school district or another school district that is | 3228 |
a member of the district's career-technical planning district, | 3229 |
other than a joint vocational school district, or by an | 3230 |
educational service center, notwithstanding division (H) of | 3231 |
section 3317.02 of the Revised Code and division (C)(3) of this | 3232 |
section; | 3233 |
(14) The enrollment of pupils reported under division (A)(1) | 3234 |
or (2) of this section on a full-time equivalency basis in | 3235 |
category four career-technical education programs or services, | 3236 |
described in division (D) of section 3317.014 of the Revised Code, | 3237 |
operated by the school district or another school district that is | 3238 |
a member of the district's career-technical planning district, | 3239 |
other than a joint vocational school district, or by an | 3240 |
educational service center, notwithstanding division (H) of | 3241 |
section 3317.02 of the Revised Code and division (C)(3) of this | 3242 |
section; | 3243 |
(15) The enrollment of pupils reported under division (A)(1) | 3244 |
or (2) of this section on a full-time equivalency basis in | 3245 |
category five career-technical education programs or services, | 3246 |
described in division (E) of section 3317.014 of the Revised Code, | 3247 |
operated by the school district or another school district that is | 3248 |
a member of the district's career-technical planning district, | 3249 |
other than a joint vocational school district, or by an | 3250 |
educational service center, notwithstanding division (H) of | 3251 |
section 3317.02 of the Revised Code and division (C)(3) of this | 3252 |
section; | 3253 |
(16) The enrollment of pupils reported under division (A)(1) | 3254 |
or (2) of this section who are limited English proficient students | 3255 |
described in division (A) of section 3317.016 of the Revised Code, | 3256 |
excluding any student reported under division (B)(3)(e) of this | 3257 |
section as enrolled in an internet- or computer-based community | 3258 |
school; | 3259 |
(17) The enrollment of pupils reported under division (A)(1) | 3260 |
or (2) of this section who are limited English proficient students | 3261 |
described in division (B) of section 3317.016 of the Revised Code, | 3262 |
excluding any student reported under division (B)(3)(e) of this | 3263 |
section as enrolled in an internet- or computer-based community | 3264 |
school; | 3265 |
(18) The enrollment of pupils reported under division (A)(1) | 3266 |
or (2) of this section who are limited English proficient students | 3267 |
described in division (C) of section 3317.016 of the Revised Code, | 3268 |
excluding any student reported under division (B)(3)(e) of this | 3269 |
section as enrolled in an internet- or computer-based community | 3270 |
school; | 3271 |
(19) The average number of children transported during the | 3272 |
reporting period by the school district on board-owned or | 3273 |
contractor-owned and -operated buses, reported in accordance with | 3274 |
rules adopted by the department of education; | 3275 |
(20)(a) The number of children, other than preschool children | 3276 |
with disabilities, the district placed with a county DD board in | 3277 |
fiscal year 1998. Division (B)(20)(a) of this section does not | 3278 |
apply after fiscal year 2013. | 3279 |
(b) The number of children with disabilities, other than | 3280 |
preschool children with disabilities, placed with a county DD | 3281 |
board in the current fiscal year to receive special education | 3282 |
services for the category one disability described in division (A) | 3283 |
of section 3317.013 of the Revised Code; | 3284 |
(c) The number of children with disabilities, other than | 3285 |
preschool children with disabilities, placed with a county DD | 3286 |
board in the current fiscal year to receive special education | 3287 |
services for category two disabilities described in division (B) | 3288 |
of section 3317.013 of the Revised Code; | 3289 |
(d) The number of children with disabilities, other than | 3290 |
preschool children with disabilities, placed with a county DD | 3291 |
board in the current fiscal year to receive special education | 3292 |
services for category three disabilities described in division (C) | 3293 |
of section 3317.013 of the Revised Code; | 3294 |
(e) The number of children with disabilities, other than | 3295 |
preschool children with disabilities, placed with a county DD | 3296 |
board in the current fiscal year to receive special education | 3297 |
services for category four disabilities described in division (D) | 3298 |
of section 3317.013 of the Revised Code; | 3299 |
(f) The number of children with disabilities, other than | 3300 |
preschool children with disabilities, placed with a county DD | 3301 |
board in the current fiscal year to receive special education | 3302 |
services for the category five disabilities described in division | 3303 |
(E) of section 3317.013 of the Revised Code; | 3304 |
(g) The number of children with disabilities, other than | 3305 |
preschool children with disabilities, placed with a county DD | 3306 |
board in the current fiscal year to receive special education | 3307 |
services for category six disabilities described in division (F) | 3308 |
of section 3317.013 of the Revised Code. | 3309 |
(21) The enrollment of students who are economically | 3310 |
disadvantaged, as defined by the department, excluding any student | 3311 |
reported under division (B)(3)(e) of this section as enrolled in | 3312 |
an internet- or computer-based community school. A student shall | 3313 |
not be categorically excluded from the number reported under | 3314 |
division (B)(21) of this section based on anything other than | 3315 |
family income. | 3316 |
(C)(1) The state board of education shall adopt rules | 3317 |
necessary for implementing divisions (A), (B), and (D) of this | 3318 |
section. | 3319 |
(2) A student enrolled in a community school established | 3320 |
under Chapter 3314., a science, technology, engineering, and | 3321 |
mathematics school established under Chapter 3326., or a | 3322 |
college-preparatory boarding school established under Chapter | 3323 |
3328. of the Revised Code shall be counted in the formula ADM and, | 3324 |
if applicable, the category one, two, three, four, five, or six | 3325 |
special education ADM of the school district in which the student | 3326 |
is entitled to attend school under section 3313.64 or 3313.65 of | 3327 |
the Revised Code for the same proportion of the school year that | 3328 |
the student is counted in the enrollment of the community school, | 3329 |
the science, technology, engineering, and mathematics school, or | 3330 |
the college-preparatory boarding school for purposes of section | 3331 |
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding | 3332 |
the enrollment of students certified pursuant to division | 3333 |
(B)(3)(d), (e), (j), or (k) of this section, the department may | 3334 |
adjust the formula ADM of a school district to account for | 3335 |
students entitled to attend school in the district under section | 3336 |
3313.64 or 3313.65 of the Revised Code who are enrolled in a | 3337 |
community school, a science, technology, engineering, and | 3338 |
mathematics school, or a college-preparatory boarding school for | 3339 |
only a portion of the school year. | 3340 |
(3) No child shall be counted as more than a total of one | 3341 |
child in the sum of the enrollment of students of a school | 3342 |
district under division (A), divisions (B)(1) to (22), or division | 3343 |
(D) of this section, except as follows: | 3344 |
(a) A child with a disability described in section 3317.013 | 3345 |
of the Revised Code may be counted both in formula ADM and in | 3346 |
category one, two, three, four, five, or six special education ADM | 3347 |
and, if applicable, in category one, two, three, four, or five | 3348 |
career-technical education ADM. As provided in division (H) of | 3349 |
section 3317.02 of the Revised Code, such a child shall be counted | 3350 |
in category one, two, three, four, five, or six special education | 3351 |
ADM in the same proportion that the child is counted in formula | 3352 |
ADM. | 3353 |
(b) A child enrolled in career-technical education programs | 3354 |
or classes described in section 3317.014 of the Revised Code may | 3355 |
be counted both in formula ADM and category one, two, three, four, | 3356 |
or five career-technical education ADM and, if applicable, in | 3357 |
category one, two, three, four, five, or six special education | 3358 |
ADM. Such a child shall be counted in category one, two, three, | 3359 |
four, or five career-technical education ADM in the same | 3360 |
proportion as the percentage of time that the child spends in the | 3361 |
career-technical education programs or classes. | 3362 |
(4) Based on the information reported under this section, the | 3363 |
department of education shall determine the total student count, | 3364 |
as defined in section 3301.011 of the Revised Code, for each | 3365 |
school district. | 3366 |
(D)(1) The superintendent of each joint vocational school | 3367 |
district shall report and certify to the superintendent of public | 3368 |
instruction as of the last day of October, March, and June of each | 3369 |
year the enrollment of students receiving services from schools | 3370 |
under the superintendent's supervision so that the department can | 3371 |
calculate the district's formula ADM, total ADM, category one | 3372 |
through five career-technical education ADM, category one through | 3373 |
three limited English proficient ADM, category one through six | 3374 |
special education ADM, and for purposes of provisions of law | 3375 |
outside of Chapter 3317. of the Revised Code, average daily | 3376 |
membership. | 3377 |
The enrollment reported and certified by the superintendent, | 3378 |
except as otherwise provided in this division, shall consist of | 3379 |
the the number of students in grades six through twelve receiving | 3380 |
any educational services from the district, except that the | 3381 |
following categories of students shall not be included in the | 3382 |
determination: | 3383 |
(a) Students enrolled in adult education classes; | 3384 |
(b) Adjacent or other district joint vocational students | 3385 |
enrolled in the district under an open enrollment policy pursuant | 3386 |
to section 3313.98 of the Revised Code; | 3387 |
(c) Students receiving services in the district pursuant to a | 3388 |
compact, cooperative education agreement, or a contract, but who | 3389 |
are entitled to attend school in a city, local, or exempted | 3390 |
village school district whose territory is not part of the | 3391 |
territory of the joint vocational district; | 3392 |
(d) Students for whom tuition is payable pursuant to sections | 3393 |
3317.081 and 3323.141 of the Revised Code. | 3394 |
(2) To enable the department of education to obtain the data | 3395 |
needed to complete the calculation of payments pursuant to this | 3396 |
chapter, each superintendent shall certify from the report | 3397 |
provided under division (D)(1) of this section the enrollment for | 3398 |
each of the following categories of students: | 3399 |
(a) Students enrolled in each individual grade included in | 3400 |
the joint vocational district schools; | 3401 |
(b) Children with disabilities receiving special education | 3402 |
services for the category one disability described in division (A) | 3403 |
of section 3317.013 of the Revised Code; | 3404 |
(c) Children with disabilities receiving special education | 3405 |
services for the category two disabilities described in division | 3406 |
(B) of section 3317.013 of the Revised Code; | 3407 |
(d) Children with disabilities receiving special education | 3408 |
services for category three disabilities described in division (C) | 3409 |
of section 3317.013 of the Revised Code; | 3410 |
(e) Children with disabilities receiving special education | 3411 |
services for category four disabilities described in division (D) | 3412 |
of section 3317.013 of the Revised Code; | 3413 |
(f) Children with disabilities receiving special education | 3414 |
services for the category five disabilities described in division | 3415 |
(E) of section 3317.013 of the Revised Code; | 3416 |
(g) Children with disabilities receiving special education | 3417 |
services for category six disabilities described in division (F) | 3418 |
of section 3317.013 of the Revised Code; | 3419 |
(h) Students receiving category one career-technical | 3420 |
education services, described in division (A) of section 3317.014 | 3421 |
of the Revised Code; | 3422 |
(i) Students receiving category two career-technical | 3423 |
education services, described in division (B) of section 3317.014 | 3424 |
of the Revised Code; | 3425 |
(j) Students receiving category three career-technical | 3426 |
education services, described in division (C) of section 3317.014 | 3427 |
of the Revised Code; | 3428 |
(k) Students receiving category four career-technical | 3429 |
education services, described in division (D) of section 3317.014 | 3430 |
of the Revised Code; | 3431 |
(l) Students receiving category five career-technical | 3432 |
education services, described in division (E) of section 3317.014 | 3433 |
of the Revised Code; | 3434 |
(m) Limited English proficient students described in division | 3435 |
(A) of section 3317.016 of the Revised Code; | 3436 |
(n) Limited English proficient students described in division | 3437 |
(B) of section 3317.016 of the Revised Code; | 3438 |
(o) Limited English proficient students described in division | 3439 |
(C) of section 3317.016 of the Revised Code; | 3440 |
(p) Students who are economically disadvantaged, as defined | 3441 |
by the department. A student shall not be categorically excluded | 3442 |
from the number reported under division (D)(2)(p) of this section | 3443 |
based on anything other than family income. | 3444 |
The superintendent of each joint vocational school district | 3445 |
shall also indicate the city, local, or exempted village school | 3446 |
district in which each joint vocational district pupil is entitled | 3447 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 3448 |
Revised Code. | 3449 |
(E) In each school of each city, local, exempted village, | 3450 |
joint vocational, and cooperative education school district there | 3451 |
shall be maintained a record of school enrollment, which record | 3452 |
shall accurately show, for each day the school is in session, the | 3453 |
actual enrollment in regular day classes. For the purpose of | 3454 |
determining the enrollment of students, the enrollment figure of | 3455 |
any school shall not include any pupils except those pupils | 3456 |
described by division (A) of this section. The record of | 3457 |
enrollment for each school shall be maintained in such manner that | 3458 |
no pupil shall be counted as enrolled prior to the actual date of | 3459 |
entry in the school and also in such manner that where for any | 3460 |
cause a pupil permanently withdraws from the school that pupil | 3461 |
shall not be counted as enrolled from and after the date of such | 3462 |
withdrawal. There shall not be included in the enrollment of any | 3463 |
school any of the following: | 3464 |
(1) Any pupil who has graduated from the twelfth grade of a | 3465 |
public or nonpublic high school; | 3466 |
(2) Any pupil who is not a resident of the state; | 3467 |
(3) Any pupil who was enrolled in the schools of the district | 3468 |
during the previous school year when assessments were administered | 3469 |
under section 3301.0711 of the Revised Code but did not take one | 3470 |
or more of the assessments required by that section and was not | 3471 |
excused pursuant to division (C)(1) or (3) of that section; | 3472 |
(4) Any pupil who has attained the age of twenty-two years, | 3473 |
except for veterans of the armed services whose attendance was | 3474 |
interrupted before completing the recognized twelve-year course of | 3475 |
the public schools by reason of induction or enlistment in the | 3476 |
armed forces and who apply for reenrollment in the public school | 3477 |
system of their residence not later than four years after | 3478 |
termination of war or their honorable discharge; | 3479 |
(5) Any pupil who has a high school equivalence diploma as | 3480 |
defined in section 5107.40 of the Revised Code. | 3481 |
If, however, any veteran described by division (E)(4) of this | 3482 |
section elects to enroll in special courses organized for veterans | 3483 |
for whom tuition is paid under the provisions of federal laws, or | 3484 |
otherwise, that veteran shall not be included in the enrollment of | 3485 |
students determined under this section. | 3486 |
Notwithstanding division (E)(3) of this section, the | 3487 |
enrollment of any school may include a pupil who did not take an | 3488 |
assessment required by section 3301.0711 of the Revised Code if | 3489 |
the superintendent of public instruction grants a waiver from the | 3490 |
requirement to take the assessment to the specific pupil and a | 3491 |
parent is not paying tuition for the pupil pursuant to section | 3492 |
3313.6410 of the Revised Code. The superintendent may grant such a | 3493 |
waiver only for good cause in accordance with rules adopted by the | 3494 |
state board of education. | 3495 |
The formula ADM, total ADM, category one through five | 3496 |
career-technical education ADM, category one through three limited | 3497 |
English proficient ADM, category one through six special education | 3498 |
ADM, preschool scholarship ADM, transportation ADM, and, for | 3499 |
purposes of provisions of law outside of Chapter 3317. of the | 3500 |
Revised Code, average daily membership of any school district | 3501 |
shall be determined in accordance with rules adopted by the state | 3502 |
board of education. | 3503 |
(F)(1) If a student attending a community school under | 3504 |
Chapter 3314., a science, technology, engineering, and mathematics | 3505 |
school established under Chapter 3326., or a college-preparatory | 3506 |
boarding school established under Chapter 3328. of the Revised | 3507 |
Code is not included in the formula ADM calculated for the school | 3508 |
district in which the student is entitled to attend school under | 3509 |
section 3313.64 or 3313.65 of the Revised Code, the department of | 3510 |
education shall adjust the formula ADM of that school district to | 3511 |
include the student in accordance with division (C)(2) of this | 3512 |
section, and shall recalculate the school district's payments | 3513 |
under this chapter for the entire fiscal year on the basis of that | 3514 |
adjusted formula ADM. | 3515 |
(2) If a student awarded an educational choice scholarship is | 3516 |
not included in the formula ADM of the school district from which | 3517 |
the department deducts funds for the scholarship under section | 3518 |
3310.08 of the Revised Code, the department shall adjust the | 3519 |
formula ADM of that school district to include the student to the | 3520 |
extent necessary to account for the deduction, and shall | 3521 |
recalculate the school district's payments under this chapter for | 3522 |
the entire fiscal year on the basis of that adjusted formula ADM. | 3523 |
(3) If a student awarded a scholarship under the Jon Peterson | 3524 |
special needs scholarship program is not included in the formula | 3525 |
ADM of the school district from which the department deducts funds | 3526 |
for the scholarship under section 3310.55 of the Revised Code, the | 3527 |
department shall adjust the formula ADM of that school district to | 3528 |
include the student to the extent necessary to account for the | 3529 |
deduction, and shall recalculate the school district's payments | 3530 |
under this chapter for the entire fiscal year on the basis of that | 3531 |
adjusted formula ADM. | 3532 |
(G)(1)(a) The superintendent of an institution operating a | 3533 |
special education program pursuant to section 3323.091 of the | 3534 |
Revised Code shall, for the programs under such superintendent's | 3535 |
supervision, certify to the state board of education, in the | 3536 |
manner prescribed by the superintendent of public instruction, | 3537 |
both of the following: | 3538 |
(i) The unduplicated count of the number of all children with | 3539 |
disabilities other than preschool children with disabilities | 3540 |
receiving services at the institution for each category of | 3541 |
disability described in divisions (A) to (F) of section 3317.013 | 3542 |
of the Revised Code adjusted for the portion of the year each | 3543 |
child is so enrolled; | 3544 |
(ii) The unduplicated count of the number of all preschool | 3545 |
children with disabilities in classes or programs for whom the | 3546 |
district is eligible to receive funding under section 3317.0213 of | 3547 |
the Revised Code adjusted for the portion of the year each child | 3548 |
is so enrolled, reported according to the categories prescribed in | 3549 |
section 3317.013 of the Revised Code. | 3550 |
(b) The superintendent of an institution with | 3551 |
career-technical education units approved under section 3317.05 of | 3552 |
the Revised Code shall, for the units under the superintendent's | 3553 |
supervision, certify to the state board of education the | 3554 |
enrollment in those units, in the manner prescribed by the | 3555 |
superintendent of public instruction. | 3556 |
(2) The superintendent of each county DD board that maintains | 3557 |
special education classes under section 3317.20 of the Revised | 3558 |
Code or provides services to preschool children with disabilities | 3559 |
pursuant to an agreement between the DD board and the appropriate | 3560 |
school district shall do both of the following: | 3561 |
(a) Certify to the state board, in the manner prescribed by | 3562 |
the board, the enrollment in classes under section 3317.20 of the | 3563 |
Revised Code for each school district that has placed children in | 3564 |
the classes; | 3565 |
(b) Certify to the state board, in the manner prescribed by | 3566 |
the board, the unduplicated count of the number of all preschool | 3567 |
children with disabilities enrolled in classes for which the DD | 3568 |
board is eligible to receive funding under section 3317.0213 of | 3569 |
the Revised Code adjusted for the portion of the year each child | 3570 |
is so enrolled, reported according to the categories prescribed in | 3571 |
section 3317.013 of the Revised Code, and the number of those | 3572 |
classes. | 3573 |
(H) Except as provided in division (I) of this section, when | 3574 |
any city, local, or exempted village school district provides | 3575 |
instruction for a nonresident pupil whose attendance is | 3576 |
unauthorized attendance as defined in section 3327.06 of the | 3577 |
Revised Code, that pupil's enrollment shall not be included in | 3578 |
that district's enrollment figure used in calculating the | 3579 |
district's payments under this chapter. The reporting official | 3580 |
shall report separately the enrollment of all pupils whose | 3581 |
attendance in the district is unauthorized attendance, and the | 3582 |
enrollment of each such pupil shall be credited to the school | 3583 |
district in which the pupil is entitled to attend school under | 3584 |
division (B) of section 3313.64 or section 3313.65 of the Revised | 3585 |
Code as determined by the department of education. | 3586 |
(I)(1) A city, local, exempted village, or joint vocational | 3587 |
school district admitting a scholarship student of a pilot project | 3588 |
district pursuant to division (C) of section 3313.976 of the | 3589 |
Revised Code may count such student in its enrollment. | 3590 |
(2) In any year for which funds are appropriated for pilot | 3591 |
project scholarship programs, a school district implementing a | 3592 |
state-sponsored pilot project scholarship program that year | 3593 |
pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 3594 |
count in its enrollment: | 3595 |
(a) All children residing in the district and utilizing a | 3596 |
scholarship to attend kindergarten in any alternative school, as | 3597 |
defined in section 3313.974 of the Revised Code; | 3598 |
(b) All children who were enrolled in the district in the | 3599 |
preceding year who are utilizing a scholarship to attend an | 3600 |
alternative school. | 3601 |
(J) The superintendent of each cooperative education school | 3602 |
district shall certify to the superintendent of public | 3603 |
instruction, in a manner prescribed by the state board of | 3604 |
education, the applicable enrollments for all students in the | 3605 |
cooperative education district, also indicating the city, local, | 3606 |
or exempted village district where each pupil is entitled to | 3607 |
attend school under section 3313.64 or 3313.65 of the Revised | 3608 |
Code. | 3609 |
(K) If the superintendent of public instruction determines | 3610 |
that a component of the enrollment certified or reported by a | 3611 |
district superintendent, or other reporting entity, is not | 3612 |
correct, the superintendent of public instruction may order that | 3613 |
the formula ADM used for the purposes of payments under any | 3614 |
section of Title XXXIII of the Revised Code be adjusted in the | 3615 |
amount of the error. | 3616 |
Sec. 3319.22. (A)(1) The state board of education shall | 3617 |
issue the following educator licenses: | 3618 |
(a) A resident educator license, which shall be valid for | 3619 |
four years | 3620 |
specified by rules adopted by the state board pursuant to division | 3621 |
(A)(3) of this section. The state board, on a case-by-case basis, | 3622 |
may extend the license's duration as necessary to enable the | 3623 |
license holder to complete the Ohio teacher residency program | 3624 |
established under section 3319.223 of the Revised Code; | 3625 |
(b) A professional educator license, which shall be valid for | 3626 |
five years and shall be renewable; | 3627 |
(c) A senior professional educator license, which shall be | 3628 |
valid for five years and shall be renewable; | 3629 |
(d) A lead professional educator license, which shall be | 3630 |
valid for five years and shall be renewable. | 3631 |
(2) The state board may issue any additional educator | 3632 |
licenses of categories, types, and levels the board elects to | 3633 |
provide. | 3634 |
(3) The state board shall adopt rules establishing the | 3635 |
standards and requirements for obtaining each educator license | 3636 |
issued under this section. The rules shall also include the | 3637 |
reasons for which a resident educator license may be renewed under | 3638 |
division (A)(1)(a) of this section. | 3639 |
(B) The rules adopted under this section shall require at | 3640 |
least the following standards and qualifications for the educator | 3641 |
licenses described in division (A)(1) of this section: | 3642 |
(1) An applicant for a resident educator license shall hold | 3643 |
at least a bachelor's degree from an accredited teacher | 3644 |
preparation program or be a participant in the teach for America | 3645 |
program and meet the qualifications required under section | 3646 |
3319.227 of the Revised Code. | 3647 |
(2) An applicant for a professional educator license shall: | 3648 |
(a) Hold at least a bachelor's degree from an institution of | 3649 |
higher education accredited by a regional accrediting | 3650 |
organization; | 3651 |
(b) Have successfully completed the Ohio teacher residency | 3652 |
program established under section 3319.223 of the Revised Code, if | 3653 |
the applicant's current or most recently issued license is a | 3654 |
resident educator license issued under this section or an | 3655 |
alternative resident educator license issued under section 3319.26 | 3656 |
of the Revised Code. | 3657 |
(3) An applicant for a senior professional educator license | 3658 |
shall: | 3659 |
(a) Hold at least a master's degree from an institution of | 3660 |
higher education accredited by a regional accrediting | 3661 |
organization; | 3662 |
(b) Have previously held a professional educator license | 3663 |
issued under this section or section 3319.222 or under former | 3664 |
section 3319.22 of the Revised Code; | 3665 |
(c) Meet the criteria for the accomplished or distinguished | 3666 |
level of performance, as described in the standards for teachers | 3667 |
adopted by the state board under section 3319.61 of the Revised | 3668 |
Code. | 3669 |
(4) An applicant for a lead professional educator license | 3670 |
shall: | 3671 |
(a) Hold at least a master's degree from an institution of | 3672 |
higher education accredited by a regional accrediting | 3673 |
organization; | 3674 |
(b) Have previously held a professional educator license or a | 3675 |
senior professional educator license issued under this section or | 3676 |
a professional educator license issued under section 3319.222 or | 3677 |
former section 3319.22 of the Revised Code; | 3678 |
(c) Meet the criteria for the distinguished level of | 3679 |
performance, as described in the standards for teachers adopted by | 3680 |
the state board under section 3319.61 of the Revised Code; | 3681 |
(d) Either hold a valid certificate issued by the national | 3682 |
board for professional teaching standards or meet the criteria for | 3683 |
a master teacher or other criteria for a lead teacher adopted by | 3684 |
the educator standards board under division (F)(4) or (5) of | 3685 |
section 3319.61 of the Revised Code. | 3686 |
(C) The state board shall align the standards and | 3687 |
qualifications for obtaining a principal license with the | 3688 |
standards for principals adopted by the state board under section | 3689 |
3319.61 of the Revised Code. | 3690 |
(D) If the state board requires any examinations for educator | 3691 |
licensure, the department of education shall provide the results | 3692 |
of such examinations received by the department to the chancellor | 3693 |
of the Ohio board of regents, in the manner and to the extent | 3694 |
permitted by state and federal law. | 3695 |
(E) Any rules the state board of education adopts, amends, or | 3696 |
rescinds for educator licenses under this section, division (D) of | 3697 |
section 3301.07 of the Revised Code, or any other law shall be | 3698 |
adopted, amended, or rescinded under Chapter 119. of the Revised | 3699 |
Code except as follows: | 3700 |
(1) Notwithstanding division (D) of section 119.03 and | 3701 |
division (A)(1) of section 119.04 of the Revised Code, in the case | 3702 |
of the adoption of any rule or the amendment or rescission of any | 3703 |
rule that necessitates institutions' offering preparation programs | 3704 |
for educators and other school personnel that are approved by the | 3705 |
chancellor of the Ohio board of regents under section 3333.048 of | 3706 |
the Revised Code to revise the curriculum of those programs, the | 3707 |
effective date shall not be as prescribed in division (D) of | 3708 |
section 119.03 and division (A)(1) of section 119.04 of the | 3709 |
Revised Code. Instead, the effective date of such rules, or the | 3710 |
amendment or rescission of such rules, shall be the date | 3711 |
prescribed by section 3333.048 of the Revised Code. | 3712 |
(2) Notwithstanding the authority to adopt, amend, or rescind | 3713 |
emergency rules in division (F) of section 119.03 of the Revised | 3714 |
Code, this authority shall not apply to the state board of | 3715 |
education with regard to rules for educator licenses. | 3716 |
(F)(1) The rules adopted under this section establishing | 3717 |
standards requiring additional coursework for the renewal of any | 3718 |
educator license shall require a school district and a chartered | 3719 |
nonpublic school to establish local professional development | 3720 |
committees. In a nonpublic school, the chief administrative | 3721 |
officer shall establish the committees in any manner acceptable to | 3722 |
such officer. The committees established under this division shall | 3723 |
determine whether coursework that a district or chartered | 3724 |
nonpublic school teacher proposes to complete meets the | 3725 |
requirement of the rules. The department of education shall | 3726 |
provide technical assistance and support to committees as the | 3727 |
committees incorporate the professional development standards | 3728 |
adopted by the state board of education pursuant to section | 3729 |
3319.61 of the Revised Code into their review of coursework that | 3730 |
is appropriate for license renewal. The rules shall establish a | 3731 |
procedure by which a teacher may appeal the decision of a local | 3732 |
professional development committee. | 3733 |
(2) In any school district in which there is no exclusive | 3734 |
representative established under Chapter 4117. of the Revised | 3735 |
Code, the professional development committees shall be established | 3736 |
as described in division (F)(2) of this section. | 3737 |
Not later than the effective date of the rules adopted under | 3738 |
this section, the board of education of each school district shall | 3739 |
establish the structure for one or more local professional | 3740 |
development committees to be operated by such school district. The | 3741 |
committee structure so established by a district board shall | 3742 |
remain in effect unless within thirty days prior to an anniversary | 3743 |
of the date upon which the current committee structure was | 3744 |
established, the board provides notice to all affected district | 3745 |
employees that the committee structure is to be modified. | 3746 |
Professional development committees may have a district-level or | 3747 |
building-level scope of operations, and may be established with | 3748 |
regard to particular grade or age levels for which an educator | 3749 |
license is designated. | 3750 |
Each professional development committee shall consist of at | 3751 |
least three classroom teachers employed by the district, one | 3752 |
principal employed by the district, and one other employee of the | 3753 |
district appointed by the district superintendent. For committees | 3754 |
with a building-level scope, the teacher and principal members | 3755 |
shall be assigned to that building, and the teacher members shall | 3756 |
be elected by majority vote of the classroom teachers assigned to | 3757 |
that building. For committees with a district-level scope, the | 3758 |
teacher members shall be elected by majority vote of the classroom | 3759 |
teachers of the district, and the principal member shall be | 3760 |
elected by a majority vote of the principals of the district, | 3761 |
unless there are two or fewer principals employed by the district, | 3762 |
in which case the one or two principals employed shall serve on | 3763 |
the committee. If a committee has a particular grade or age level | 3764 |
scope, the teacher members shall be licensed to teach such grade | 3765 |
or age levels, and shall be elected by majority vote of the | 3766 |
classroom teachers holding such a license and the principal shall | 3767 |
be elected by all principals serving in buildings where any such | 3768 |
teachers serve. The district superintendent shall appoint a | 3769 |
replacement to fill any vacancy that occurs on a professional | 3770 |
development committee, except in the case of vacancies among the | 3771 |
elected classroom teacher members, which shall be filled by vote | 3772 |
of the remaining members of the committee so selected. | 3773 |
Terms of office on professional development committees shall | 3774 |
be prescribed by the district board establishing the committees. | 3775 |
The conduct of elections for members of professional development | 3776 |
committees shall be prescribed by the district board establishing | 3777 |
the committees. A professional development committee may include | 3778 |
additional members, except that the majority of members on each | 3779 |
such committee shall be classroom teachers employed by the | 3780 |
district. Any member appointed to fill a vacancy occurring prior | 3781 |
to the expiration date of the term for which a predecessor was | 3782 |
appointed shall hold office as a member for the remainder of that | 3783 |
term. | 3784 |
The initial meeting of any professional development | 3785 |
committee, upon election and appointment of all committee members, | 3786 |
shall be called by a member designated by the district | 3787 |
superintendent. At this initial meeting, the committee shall | 3788 |
select a chairperson and such other officers the committee deems | 3789 |
necessary, and shall adopt rules for the conduct of its meetings. | 3790 |
Thereafter, the committee shall meet at the call of the | 3791 |
chairperson or upon the filing of a petition with the district | 3792 |
superintendent signed by a majority of the committee members | 3793 |
calling for the committee to meet. | 3794 |
(3) In the case of a school district in which an exclusive | 3795 |
representative has been established pursuant to Chapter 4117. of | 3796 |
the Revised Code, professional development committees shall be | 3797 |
established in accordance with any collective bargaining agreement | 3798 |
in effect in the district that includes provisions for such | 3799 |
committees. | 3800 |
If the collective bargaining agreement does not specify a | 3801 |
different method for the selection of teacher members of the | 3802 |
committees, the exclusive representative of the district's | 3803 |
teachers shall select the teacher members. | 3804 |
If the collective bargaining agreement does not specify a | 3805 |
different structure for the committees, the board of education of | 3806 |
the school district shall establish the structure, including the | 3807 |
number of committees and the number of teacher and administrative | 3808 |
members on each committee; the specific administrative members to | 3809 |
be part of each committee; whether the scope of the committees | 3810 |
will be district levels, building levels, or by type of grade or | 3811 |
age levels for which educator licenses are designated; the lengths | 3812 |
of terms for members; the manner of filling vacancies on the | 3813 |
committees; and the frequency and time and place of meetings. | 3814 |
However, in all cases, except as provided in division (F)(4) of | 3815 |
this section, there shall be a majority of teacher members of any | 3816 |
professional development committee, there shall be at least five | 3817 |
total members of any professional development committee, and the | 3818 |
exclusive representative shall designate replacement members in | 3819 |
the case of vacancies among teacher members, unless the collective | 3820 |
bargaining agreement specifies a different method of selecting | 3821 |
such replacements. | 3822 |
(4) Whenever an administrator's coursework plan is being | 3823 |
discussed or voted upon, the local professional development | 3824 |
committee shall, at the request of one of its administrative | 3825 |
members, cause a majority of the committee to consist of | 3826 |
administrative members by reducing the number of teacher members | 3827 |
voting on the plan. | 3828 |
(G)(1) The department of education, educational service | 3829 |
centers, county boards of developmental disabilities, regional | 3830 |
professional development centers, special education regional | 3831 |
resource centers, college and university departments of education, | 3832 |
head start programs, and the Ohio education computer network may | 3833 |
establish local professional development committees to determine | 3834 |
whether the coursework proposed by their employees who are | 3835 |
licensed or certificated under this section or section 3319.222 of | 3836 |
the Revised Code, or under the former version of either section as | 3837 |
it existed prior to October 16, 2009, meet the requirements of the | 3838 |
rules adopted under this section. They may establish local | 3839 |
professional development committees on their own or in | 3840 |
collaboration with a school district or other agency having | 3841 |
authority to establish them. | 3842 |
Local professional development committees established by | 3843 |
county boards of developmental disabilities shall be structured in | 3844 |
a manner comparable to the structures prescribed for school | 3845 |
districts in divisions (F)(2) and (3) of this section, as shall | 3846 |
the committees established by any other entity specified in | 3847 |
division (G)(1) of this section that provides educational services | 3848 |
by employing or contracting for services of classroom teachers | 3849 |
licensed or certificated under this section or section 3319.222 of | 3850 |
the Revised Code, or under the former version of either section as | 3851 |
it existed prior to October 16, 2009. All other entities specified | 3852 |
in division (G)(1) of this section shall structure their | 3853 |
committees in accordance with guidelines which shall be issued by | 3854 |
the state board. | 3855 |
(2) Any public agency that is not specified in division | 3856 |
(G)(1) of this section but provides educational services and | 3857 |
employs or contracts for services of classroom teachers licensed | 3858 |
or certificated under this section or section 3319.222 of the | 3859 |
Revised Code, or under the former version of either section as it | 3860 |
existed prior to October 16, 2009, may establish a local | 3861 |
professional development committee, subject to the approval of the | 3862 |
department of education. The committee shall be structured in | 3863 |
accordance with guidelines issued by the state board. | 3864 |
Sec. 3319.26. (A) The state board of education shall adopt | 3865 |
rules establishing the standards and requirements for obtaining an | 3866 |
alternative resident educator license for teaching in grades | 3867 |
kindergarten to twelve, or the equivalent, in a designated subject | 3868 |
area or in the area of intervention specialist, as defined by rule | 3869 |
of the state board. The rules shall also include the reasons for | 3870 |
which an alternative resident educator license may be renewed | 3871 |
under division (D) of this section. | 3872 |
(B) The superintendent of public instruction and the | 3873 |
chancellor of the Ohio board of regents jointly shall develop an | 3874 |
intensive pedagogical training institute to provide instruction in | 3875 |
the principles and practices of teaching for individuals seeking | 3876 |
an alternative resident educator license. The instruction shall | 3877 |
cover such topics as student development and learning, pupil | 3878 |
assessment procedures, curriculum development, classroom | 3879 |
management, and teaching methodology. | 3880 |
(C) The rules adopted under this section shall require | 3881 |
applicants for the alternative resident educator license to | 3882 |
satisfy the following conditions prior to issuance of the license, | 3883 |
but they shall not require applicants to have completed a major in | 3884 |
the subject area for which application is being made: | 3885 |
(1) Hold a minimum of a baccalaureate degree; | 3886 |
(2) Successfully complete the pedagogical training institute | 3887 |
described in division (B) of this section or a summer training | 3888 |
institute provided to participants of a teacher preparation | 3889 |
program that is operated by a nonprofit organization and has been | 3890 |
approved by the chancellor. The chancellor shall approve any such | 3891 |
program that requires participants to hold a bachelor's degree; | 3892 |
have a cumulative undergraduate grade point average of at least | 3893 |
2.5 out of 4.0, or its equivalent; and successfully complete the | 3894 |
program's summer training institute. | 3895 |
(3) Pass an examination in the subject area for which | 3896 |
application is being made. | 3897 |
(D) An alternative resident educator license shall be valid | 3898 |
for four years | 3899 |
specified by rules adopted by the state board pursuant to division | 3900 |
(A) of this section. The state board, on a case-by-case basis, may | 3901 |
extend the license's duration as necessary to enable the license | 3902 |
holder to complete the Ohio teacher residency program established | 3903 |
under section 3319.223 of the Revised Code. | 3904 |
(E) The rules shall require the holder of an alternative | 3905 |
resident educator license, as a condition of continuing to hold | 3906 |
the license, to do all of the following: | 3907 |
(1) Participate in the Ohio teacher residency program; | 3908 |
(2) Show satisfactory progress in taking and successfully | 3909 |
completing one of the following: | 3910 |
(a) At least twelve additional semester hours, or the | 3911 |
equivalent, of college coursework in the principles and practices | 3912 |
of teaching in such topics as student development and learning, | 3913 |
pupil assessment procedures, curriculum development, classroom | 3914 |
management, and teaching methodology; | 3915 |
(b) Professional development provided by a teacher | 3916 |
preparation program that has been approved by the chancellor under | 3917 |
division (C)(2) of this section. | 3918 |
(3) Take an assessment of professional knowledge in the | 3919 |
second year of teaching under the license. | 3920 |
(F) The rules shall provide for the granting of a | 3921 |
professional educator license to a holder of an alternative | 3922 |
resident educator license upon successfully completing all of the | 3923 |
following: | 3924 |
(1) Four years of teaching under the alternative license; | 3925 |
(2) The additional college coursework or professional | 3926 |
development described in division (E)(2) of this section; | 3927 |
(3) The assessment of professional knowledge described in | 3928 |
division (E)(3) of this section. The standards for successfully | 3929 |
completing this assessment and the manner of conducting the | 3930 |
assessment shall be the same as for any other individual who is | 3931 |
required to take the assessment pursuant to rules adopted by the | 3932 |
state board under section 3319.22 of the Revised Code. | 3933 |
(4) The Ohio teacher residency program; | 3934 |
(5) All other requirements for a professional educator | 3935 |
license adopted by the state board under section 3319.22 of the | 3936 |
Revised Code. | 3937 |
(G) A person who is assigned to teach in this state as a | 3938 |
participant in the teach for America program or who has completed | 3939 |
two years of teaching in another state as a participant in that | 3940 |
program shall be eligible for a license only under section | 3941 |
3319.227 of the Revised Code and shall not be eligible for a | 3942 |
license under this section. | 3943 |
Sec. 3321.03. As used in this section and section 3321.04 of | 3944 |
the Revised Code, "special education program" means a school or | 3945 |
the educational agency that provides special education and related | 3946 |
services to children with disabilities in accordance with Chapter | 3947 |
3323. of the Revised Code. | 3948 |
Except as provided in this section, the parent of a child of | 3949 |
compulsory school age shall cause such child to attend a school in | 3950 |
the school district in which the child is entitled to attend | 3951 |
school under division (B) or (F) of section 3313.64 or section | 3952 |
3313.65 of the Revised Code, to participate in a special education | 3953 |
program under Chapter 3323. of the Revised Code, or to otherwise | 3954 |
cause the child to be instructed in accordance with law. Every | 3955 |
child of compulsory school age shall attend a school or | 3956 |
participate in a special education program that conforms to the | 3957 |
minimum standards prescribed by the state board of education until | 3958 |
the child: | 3959 |
(A) Receives a diploma granted by the board of education or | 3960 |
other governing authority, successfully completes the curriculum | 3961 |
of any high school, or successfully completes the individualized | 3962 |
education program developed for the student by any high school | 3963 |
pursuant to Chapter 3323. of the Revised Code; | 3964 |
(B) Receives an age and schooling certificate as provided in | 3965 |
section 3331.01 of the Revised Code; or | 3966 |
(C) Is excused from school under standards adopted by the | 3967 |
state board of education pursuant to section 3321.04 of the | 3968 |
Revised Code, or if in need of special education, the child is | 3969 |
excused from such programs pursuant to section 3321.04 of the | 3970 |
Revised Code. | 3971 |
For purposes of this section, a child who is attending an | 3972 |
alternative education program that is specified in the child's | 3973 |
student success plan developed under division (C)(1) of section | 3974 |
3313.6015 of the Revised Code shall be considered to be attending | 3975 |
school in compliance with this section. | 3976 |
Sec. 3321.04. Notwithstanding division (D) of section | 3977 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 3978 |
this section does not apply to any joint vocational or cooperative | 3979 |
education school district or its superintendent. | 3980 |
Every parent of any child of compulsory school age who is not | 3981 |
employed under an age and schooling certificate | 3982 |
3983 | |
conforms to the minimum standards prescribed by the state board of | 3984 |
education, for the full time the school or program attended is in | 3985 |
session | 3986 |
3987 | |
the school term or program or within one week of the date on which | 3988 |
the child begins to reside in the district or within one week | 3989 |
after the child's withdrawal from employment. | 3990 |
For the purpose of operating a school or program on a | 3991 |
trimester plan, "full time the school attended is in session," as | 3992 |
used in this section means the two trimesters to which the child | 3993 |
is assigned by the board of education. For the purpose of | 3994 |
operating a school or program on a quarterly plan, "full time the | 3995 |
school attended is in session," as used in this section, means the | 3996 |
three quarters to which the child is assigned by the board of | 3997 |
education. For the purpose of operating a school or program on a | 3998 |
pentamester plan, "full time the school is in session," as used in | 3999 |
this section, means the four pentamesters to which the child is | 4000 |
assigned by the board of education. | 4001 |
Excuses from future attendance at or past absence from school | 4002 |
or a special education program may be granted for the causes, by | 4003 |
the authorities, and under the following conditions: | 4004 |
(A) The superintendent of the school district in which the | 4005 |
child resides may excuse the child from attendance for any part of | 4006 |
the remainder of the current school year upon satisfactory showing | 4007 |
of either of the following facts: | 4008 |
(1) That the child's bodily or mental condition does not | 4009 |
permit attendance at school or a special education program during | 4010 |
such period; this fact is certified in writing by a licensed | 4011 |
physician or, in the case of a mental condition, by a licensed | 4012 |
physician, a licensed psychologist, licensed school psychologist | 4013 |
or a certificated school psychologist; and provision is made for | 4014 |
appropriate instruction of the child, in accordance with Chapter | 4015 |
3323. of the Revised Code; | 4016 |
(2) That the child is being instructed at home by a person | 4017 |
qualified to teach the branches in which instruction is required, | 4018 |
and such additional branches, as the advancement and needs of the | 4019 |
child may, in the opinion of such superintendent, require. In each | 4020 |
such case the issuing superintendent shall file in the | 4021 |
superintendent's office, with a copy of the excuse, papers showing | 4022 |
how the inability of the child to attend school or a special | 4023 |
education program or the qualifications of the person instructing | 4024 |
the child at home were determined. All such excuses shall become | 4025 |
void and subject to recall upon the removal of the disability of | 4026 |
the child or the cessation of proper home instruction; and | 4027 |
thereupon the child or the child's parents may be proceeded | 4028 |
against after due notice whether such excuse be recalled or not. | 4029 |
(B) The state board of education may adopt rules authorizing | 4030 |
the superintendent of schools of the district in which the child | 4031 |
resides to excuse a child over fourteen years of age from | 4032 |
attendance for a future limited period of time for the purpose of | 4033 |
performing necessary work directly and exclusively for the child's | 4034 |
parents or legal guardians. | 4035 |
All excuses provided for in divisions (A) and (B) of this | 4036 |
section shall be in writing and shall show the reason for excusing | 4037 |
the child. A copy thereof shall be sent to the person in charge of | 4038 |
the child. | 4039 |
(C) The board of education of the school district or the | 4040 |
governing authorities of a private or parochial school may in the | 4041 |
rules governing the discipline in such schools, prescribe the | 4042 |
authority by which and the manner in which any child may be | 4043 |
excused for absence from such school for good and sufficient | 4044 |
reasons. | 4045 |
The state board of education may by rule prescribe conditions | 4046 |
governing the issuance of excuses, which shall be binding upon the | 4047 |
authorities empowered to issue them. | 4048 |
Sec. 3321.07. If any child | 4049 |
elsewhere than in a public school such instruction shall be in a | 4050 |
school which conforms to the minimum standards prescribed by the | 4051 |
state board of education. The hours and term of attendance | 4052 |
of that school shall be equivalent to the hours and term of | 4053 |
attendance required of children in the public schools of the | 4054 |
district. This section does not require a child to attend a high | 4055 |
school instead of a
| 4056 |
other special type of school, provided the successful completion | 4057 |
of instruction therein | 4058 |
4059 | |
4060 | |
4061 | |
receiving a high school diploma, an industry-recognized | 4062 |
credential, or a journeyman certification as recognized by the | 4063 |
United States department of labor. | 4064 |
Sec. 3321.08. Every child who has been granted an age and | 4065 |
schooling certificate shall, until the age at which such | 4066 |
certificate is no longer required, attend a part-time school or | 4067 |
class | 4068 |
4069 | |
provided by the board of education of the school district in which | 4070 |
the child resides or is employed | 4071 |
4072 | |
such school or class is in session, and shall begin with the first | 4073 |
week of the school term or within one week after issuance of the | 4074 |
age and schooling certificate. | 4075 |
4076 | |
4077 | |
child from such attendance for one of the reasons provided in | 4078 |
section 3321.10 of the Revised Code. | 4079 |
section, a part-time school or class is one which shall offer, to | 4080 |
those minors who have entered industry, instruction supplemental | 4081 |
to their daily occupations or which will increase their civic and | 4082 |
vocational competence or both | 4083 |
4084 | |
4085 | |
4086 | |
grants a high school diploma to the child upon the child's | 4087 |
successful completion of a course of instruction. | 4088 |
Sec. 3321.09. Attendance at a part-time school or class, as | 4089 |
defined in section 3321.08 of the Revised Code, provided by an | 4090 |
employer, by a partnership, corporation, or individual, by a | 4091 |
private or parochial school, by a college, or by a philanthropic | 4092 |
or similar agency shall serve in lieu of attendance at a part-time | 4093 |
school or class provided by a board of education | 4094 |
4095 | |
4096 | |
4097 | |
by the state board of education. When such school or class is | 4098 |
conducted within or in connection with the establishment in which | 4099 |
the child is working, the obligation of attendance at part-time | 4100 |
school or class indicated in section 3321.08 of the Revised Code, | 4101 |
shall apply to the children holding age and schooling certificates | 4102 |
who are employed in the given establishment regardless of the | 4103 |
accessibility of public part-time schools or classes. | 4104 |
Sec. 3324.07. (A) The board of education of each school | 4105 |
district shall develop a plan for the service of gifted students | 4106 |
enrolled in the district that are identified under section 3324.03 | 4107 |
of the Revised Code. Services specified in the plan developed by | 4108 |
each board may include such options as the following: | 4109 |
(1) A differentiated curriculum; | 4110 |
(2) Cluster grouping; | 4111 |
(3) Mentorships; | 4112 |
(4) Accelerated course work; | 4113 |
(5) The | 4114 |
program under Chapter 3365. of the Revised Code; | 4115 |
(6) Advanced placement; | 4116 |
(7) Honors classes; | 4117 |
(8) Magnet schools; | 4118 |
(9) Self-contained classrooms; | 4119 |
(10) Independent study; | 4120 |
(11) Other options identified in rules adopted by the | 4121 |
department of education. | 4122 |
(B) Each board shall file the plan developed under division | 4123 |
(A) of this section with the department of education by December | 4124 |
15, 2000. The department shall review and analyze each plan to | 4125 |
determine if it is adequate and to make funding estimates. | 4126 |
(C) Unless otherwise required by law, rule, or as a condition | 4127 |
for receipt of funds, school boards may implement the plans | 4128 |
developed under division (A) of this section, but shall not be | 4129 |
required to do so until further action by the general assembly or | 4130 |
the state superintendent of public instruction. | 4131 |
Sec. 3326.36. The department of education shall reduce the | 4132 |
amounts paid to a science, technology, engineering, and | 4133 |
mathematics school under section 3326.33 of the Revised Code to | 4134 |
reflect payments made to colleges under | 4135 |
3365.07 of the Revised Code | 4136 |
4137 | |
4138 | |
school for any portion of the school year the student is attending | 4139 |
a college under Chapter 3365. of the Revised Code. | 4140 |
Sec. 3328.24. A college-preparatory boarding school | 4141 |
established under this chapter and its board of trustees shall | 4142 |
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 4143 |
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter | 4144 |
3365. of the Revised Code as if the school were a school district | 4145 |
and the school's board of trustees were a district board of | 4146 |
education. | 4147 |
Sec. 3331.04. Whenever an age and schooling certificate is | 4148 |
applied for by a child over sixteen years of age who is | 4149 |
4150 | |
4151 | |
4152 | |
program that, upon successful completion of instruction, will | 4153 |
result in the child receiving an industry-recognized credential, a | 4154 |
journeyman certification as recognized by the United States | 4155 |
department of labor, or full-time employment, an age and schooling | 4156 |
certificate may be issued by the superintendent of schools to such | 4157 |
child upon proof acceptable to such superintendent of the | 4158 |
following facts and upon agreement to the respective conditions | 4159 |
made in writing by the child and by the parents, guardian, or | 4160 |
custodian in charge of such child: | 4161 |
(A) That the child is addicted to no habit which is likely to | 4162 |
detract from the child's reliability or effectiveness as a worker, | 4163 |
or proper use of the child's earnings or leisure, or the | 4164 |
probability of the child's faithfully carrying out the conditions | 4165 |
to which the child agrees as specified in division (B) of this | 4166 |
section, and in addition any one of the following groups of facts: | 4167 |
(1) That the child has been a resident of the school district | 4168 |
for the last two years, has diligently attended upon instruction | 4169 |
at school for the last two years, and is able to read, write, and | 4170 |
perform the fundamental operations of arithmetic. These abilities | 4171 |
shall be judged by the superintendent. | 4172 |
(2) That the child having been a resident of the school | 4173 |
district less than two years, | 4174 |
4175 | |
4176 | |
last school year preceding the child's
| 4177 |
present district, and has diligently attended | 4178 |
the schools of the present district for the period that the child | 4179 |
has been a resident thereof; | 4180 |
(3) That the child has | 4181 |
school district since the beginning of the last annual school | 4182 |
session, and that instruction adapted to the child's needs is not | 4183 |
provided in the regular day schools in the district; | 4184 |
(4) | 4185 |
4186 | |
4187 |
| 4188 |
the child's own support or the support of the child's own child or | 4189 |
that the child is needed for the support or care of parents or for | 4190 |
the support or care of brothers or sisters for whom the parents | 4191 |
are unable to provide and that the child is desirous of working | 4192 |
for the support or care of self or of the child's own child or of | 4193 |
such parents or siblings and that such child cannot render such | 4194 |
needed support or care by a reasonable effort outside of school | 4195 |
hours; but no age and schooling certificate shall be granted to a | 4196 |
child of this group upon proof of such facts without written | 4197 |
consent given to the superintendent by the juvenile judge and by | 4198 |
the department of job and family services. | 4199 |
(B) | 4200 |
(A) | 4201 |
age of eighteen years the child will diligently attend in addition | 4202 |
to part-time classes, such evening classes as will add to the | 4203 |
child's education for literacy, citizenship, or vocational | 4204 |
preparation which may be made available to the child in the school | 4205 |
district and which the child may be directed to attend by the | 4206 |
superintendent, or in case no such classes are available, that the | 4207 |
child will pursue such reading and study and report monthly | 4208 |
thereon as may be directed by the superintendent | 4209 |
| 4210 |
4211 | |
4212 | |
4213 | |
4214 | |
4215 | |
4216 |
Sec. 3333.041. (A) On or before the last day of December of | 4217 |
each year, the chancellor of the Ohio board of regents shall | 4218 |
submit to the governor and, in accordance with section 101.68 of | 4219 |
the Revised Code, the general assembly a report or reports | 4220 |
concerning all of the following: | 4221 |
(1) The status of graduates of Ohio school districts at state | 4222 |
institutions of higher education during the twelve-month period | 4223 |
ending on the thirtieth day of September of the current calendar | 4224 |
year. The report shall list, by school district, the number of | 4225 |
graduates of each school district who attended a state institution | 4226 |
of higher education and the percentage of each district's | 4227 |
graduates enrolled in a state institution of higher education | 4228 |
during the reporting period who were required during such period | 4229 |
by the college or university, as a prerequisite to enrolling in | 4230 |
those courses generally required for first-year students, to | 4231 |
enroll in a remedial course in English, including composition or | 4232 |
reading, mathematics, and any other area designated by the | 4233 |
chancellor. The chancellor also shall make the information | 4234 |
described in division (A)(1) of this section available to the | 4235 |
board of education of each city, exempted village, and local | 4236 |
school district. | 4237 |
Each state institution of higher education shall, by the | 4238 |
first day of November of each year, submit to the chancellor in | 4239 |
the form specified by the chancellor the information the | 4240 |
chancellor requires to compile the report. | 4241 |
(2) Aggregate academic growth data for students assigned to | 4242 |
graduates of teacher preparation programs approved under section | 4243 |
3333.048 of the Revised Code who teach English language arts or | 4244 |
mathematics in any of grades four to eight in a public school in | 4245 |
Ohio. For this purpose, the chancellor shall use the value-added | 4246 |
progress dimension prescribed by section 3302.021 of the Revised | 4247 |
Code or the alternative student academic progress measure if | 4248 |
adopted under division (C)(1)(e) of section 3302.03 of the Revised | 4249 |
Code. The chancellor shall aggregate the data by graduating class | 4250 |
for each approved teacher preparation program, except that if a | 4251 |
particular class has ten or fewer graduates to which this section | 4252 |
applies, the chancellor shall report the data for a group of | 4253 |
classes over a three-year period. In no case shall the report | 4254 |
identify any individual graduate. The department of education | 4255 |
shall share any data necessary for the report with the chancellor. | 4256 |
(3) The following information with respect to the Ohio | 4257 |
tuition trust authority: | 4258 |
(a) The name of each investment manager that is a minority | 4259 |
business enterprise or a women's business enterprise with which | 4260 |
the chancellor contracts; | 4261 |
(b) The amount of assets managed by investment managers that | 4262 |
are minority business enterprises or women's business enterprises, | 4263 |
expressed as a percentage of assets managed by investment managers | 4264 |
with which the chancellor has contracted; | 4265 |
(c) Efforts by the chancellor to increase utilization of | 4266 |
investment managers that are minority business enterprises or | 4267 |
women's business enterprises. | 4268 |
(4) A description of | 4269 |
programs, as defined in section 3313.6013 of the Revised Code, | 4270 |
that are offered by school districts, community schools | 4271 |
established under Chapter 3314. of the Revised Code, STEM schools | 4272 |
established under Chapter 3326. of the Revised Code, | 4273 |
college-preparatory boarding schools established under Chapter | 4274 |
3328. of the Revised Code, and chartered nonpublic high schools. | 4275 |
The chancellor also shall post the information on the chancellor's | 4276 |
web site. | 4277 |
(5) The chancellor's strategy in assigning choose Ohio first | 4278 |
scholarships, as established under section 3333.61 of the Revised | 4279 |
Code, among state universities and colleges and how the actual | 4280 |
awards fit that strategy. | 4281 |
(6) The academic and economic impact of the Ohio | 4282 |
co-op/internship program established under section 3333.72 of the | 4283 |
Revised Code. At a minimum, the report shall include the | 4284 |
following: | 4285 |
(a) Progress and performance metrics for each initiative that | 4286 |
received an award in the previous fiscal year; | 4287 |
(b) Economic indicators of the impact of each initiative, and | 4288 |
all initiatives as a whole, on the regional economies and the | 4289 |
statewide economy; | 4290 |
(c) The chancellor's strategy in allocating awards among | 4291 |
state institutions of higher education and how the actual awards | 4292 |
fit that strategy. | 4293 |
(B) As used in this section: | 4294 |
(1) "Minority business enterprise" has the same meaning as in | 4295 |
section 122.71 of the Revised Code. | 4296 |
(2) "State institution of higher education" and "state | 4297 |
university" have the same meanings as in section 3345.011 of the | 4298 |
Revised Code. | 4299 |
(3) "State university or college" has the same meaning as in | 4300 |
section 3345.12 of the Revised Code. | 4301 |
(4) "Women's business enterprise" means a business, or a | 4302 |
partnership, corporation, limited liability company, or joint | 4303 |
venture of any kind, that is owned and controlled by women who are | 4304 |
United States citizens and residents of this state. | 4305 |
Sec. 3333.35. The state board of education and the | 4306 |
chancellor of the Ohio board of regents shall strive to reduce | 4307 |
unnecessary student remediation costs incurred by colleges and | 4308 |
universities in this state, increase overall access for students | 4309 |
to higher education, enhance the
| 4310 |
college credit plus program in accordance with Chapter 3365. of | 4311 |
the Revised Code, and enhance the alternative resident educator | 4312 |
licensure program in accordance with section 3319.26 of the | 4313 |
Revised Code. | 4314 |
Sec. 3333.43. This section does not apply to any | 4315 |
baccalaureate degree program that is a cooperative education | 4316 |
program, as defined in section 3333.71 of the Revised Code. | 4317 |
(A) The chancellor of the Ohio board of regents shall require | 4318 |
all state institutions of higher education that offer | 4319 |
baccalaureate degrees, as a condition of reauthorization for | 4320 |
certification of each baccalaureate program offered by the | 4321 |
institution, to submit a statement describing how each major for | 4322 |
which the school offers a baccalaureate degree may be completed | 4323 |
within three academic years. The chronology of the statement shall | 4324 |
begin with the fall semester of a student's first year of the | 4325 |
baccalaureate program. | 4326 |
(B) The statement required under this section may include, | 4327 |
but not be limited to, any of the following methods to contribute | 4328 |
to earning a baccalaureate degree in three years: | 4329 |
(1) Advanced placement credit; | 4330 |
(2) International baccalaureate program credit; | 4331 |
(3) A waiver of degree and credit-hour requirements by | 4332 |
completion of courses that are widely available at community | 4333 |
colleges in the state or through online programs offered by state | 4334 |
institutions of higher education or private nonprofit institutions | 4335 |
of higher education holding certificates of authorization under | 4336 |
Chapter 1713. of the Revised Code, and through courses taken by | 4337 |
the student through the | 4338 |
credit plus program under Chapter 3365. of the Revised Code; | 4339 |
(4) Completion of coursework during summer sessions; | 4340 |
(5) A waiver of foreign-language degree requirements based on | 4341 |
a proficiency examination specified by the institution. | 4342 |
(C)(1) Not later than October 15, 2012, each state | 4343 |
institution of higher education shall provide statements required | 4344 |
under this section for ten per cent of all baccalaureate degree | 4345 |
programs offered by the institution. | 4346 |
(2) Not later than June 30, 2014, each state institution of | 4347 |
higher education shall provide statements required under this | 4348 |
section for sixty per cent of all baccalaureate degree programs | 4349 |
offered by the institution. | 4350 |
(D) Each state institution of higher education required to | 4351 |
submit statements under this section shall post its three-year | 4352 |
option on its web site and also provide that information to the | 4353 |
department of education. The department shall distribute that | 4354 |
information to the superintendent, high school principal, and | 4355 |
guidance counselor, or equivalents, of each school district, | 4356 |
community school established under Chapter 3314. of the Revised | 4357 |
Code, and STEM school established under Chapter 3326. of the | 4358 |
Revised Code. | 4359 |
(E) Nothing in this section requires an institution to take | 4360 |
any action that would violate the requirements of any independent | 4361 |
association accrediting baccalaureate degree programs. | 4362 |
Sec. 3333.86. The chancellor of the Ohio board of regents | 4363 |
may determine the manner in which a course included in the | 4364 |
clearinghouse may be offered as | 4365 |
standing program as defined in section 3313.6013 of the Revised | 4366 |
Code, may be offered to students who are enrolled in nonpublic | 4367 |
schools or are instructed at home pursuant to section 3321.04 of | 4368 |
the Revised Code, or may be offered at times outside the normal | 4369 |
school day or school week, including any necessary additional fees | 4370 |
and methods of payment for a course so offered. | 4371 |
Sec. 3345.06. (A) Subject to divisions (B) and (C) of this | 4372 |
section, a graduate of the twelfth grade shall be entitled to | 4373 |
admission without examination to any college or university which | 4374 |
is supported wholly or in part by the state, but for unconditional | 4375 |
admission may be required to complete such units not included in | 4376 |
the graduate's high school course as may be prescribed, not less | 4377 |
than two years prior to the graduate's entrance, by the faculty of | 4378 |
the institution. | 4379 |
(B) Beginning with the 2014-2015 academic year, each state | 4380 |
university listed in section 3345.011 of the Revised Code, except | 4381 |
for Central state university, Shawnee state university, and | 4382 |
Youngstown state university, shall permit a resident of this state | 4383 |
who entered ninth grade for the first time on or after July 1, | 4384 |
2010, to begin undergraduate coursework at the university only if | 4385 |
the person has successfully completed the Ohio core curriculum for | 4386 |
high school graduation prescribed in division (C) of section | 4387 |
3313.603 of the Revised Code, unless one of the following applies: | 4388 |
(1) The person has earned at least ten semester hours, or the | 4389 |
equivalent, at a community college, state community college, | 4390 |
university branch, technical college, or another post-secondary | 4391 |
institution except a state university to which division (B) of | 4392 |
this section applies, in courses that are college-credit-bearing | 4393 |
and may be applied toward the requirements for a degree. The | 4394 |
university shall grant credit for successful completion of those | 4395 |
courses pursuant to any applicable articulation and transfer | 4396 |
policy of the Ohio board of regents or any agreements the | 4397 |
university has entered into in accordance with policies and | 4398 |
procedures adopted under section 3333.16, | 4399 |
3333.162 of the Revised Code. The university may count college | 4400 |
credit that the student earned while in high school through the | 4401 |
4402 | |
under Chapter 3365. of the Revised Code, or through other | 4403 |
4404 | |
division (B)(1) of this section if the credit may be applied | 4405 |
toward a degree. | 4406 |
(2) The person qualified to graduate from high school under | 4407 |
division (D) or (F) of section 3313.603 of the Revised Code and | 4408 |
has successfully completed the topics or courses that the person | 4409 |
lacked to graduate under division (C) of that section at any | 4410 |
post-secondary institution or at a summer program at the state | 4411 |
university. A state university may admit a person for enrollment | 4412 |
contingent upon completion of such topics or courses or summer | 4413 |
program. | 4414 |
(3) The person met the high school graduation requirements by | 4415 |
successfully completing the person's individualized education | 4416 |
program developed under section 3323.08 of the Revised Code. | 4417 |
(4) The person is receiving or has completed the final year | 4418 |
of instruction at home as authorized under section 3321.04 of the | 4419 |
Revised Code, or has graduated from a nonchartered, nonpublic | 4420 |
school in Ohio, and demonstrates mastery of the academic content | 4421 |
and skills in reading, writing, and mathematics needed to | 4422 |
successfully complete introductory level coursework at an | 4423 |
institution of higher education and to avoid remedial coursework. | 4424 |
(5) The person is a high school student participating in the | 4425 |
4426 | |
under Chapter 3365. of the Revised Code or another | 4427 |
advanced standing program. | 4428 |
(C) A state university subject to division (B) of this | 4429 |
section may delay admission for or admit conditionally an | 4430 |
undergraduate student who has successfully completed the Ohio core | 4431 |
curriculum if the university determines the student requires | 4432 |
academic remedial or developmental coursework. The university may | 4433 |
delay admission pending, or make admission conditional upon, the | 4434 |
student's successful completion of the academic remedial or | 4435 |
developmental coursework at a university branch, community | 4436 |
college, state community college, or technical college. | 4437 |
(D) This section does not deny the right of a college of law, | 4438 |
medicine, or other specialized education to require college | 4439 |
training for admission, or the right of a department of music or | 4440 |
other art to require particular preliminary training or talent. | 4441 |
Sec. 3365.01. As used in this chapter: | 4442 |
(A) "Articulated credit" means post-secondary credit that is | 4443 |
reflected on the official record of a student at an institution of | 4444 |
higher education only upon enrollment at that institution after | 4445 |
graduation from a secondary school. | 4446 |
(B) "Default ceiling amount" means one of the following | 4447 |
amounts, whichever is applicable: | 4448 |
(1) For a participant enrolled in a college operating on a | 4449 |
semester schedule, the amount calculated according to the | 4450 |
following formula: | 4451 |
4453 | |
4454 | |
(2) For a participant enrolled in a college operating on a | 4455 |
quarter schedule, the amount calculated according to the following | 4456 |
formula: | 4457 |
4459 | |
4460 | |
(C) "Default floor amount" means twenty-five per cent of the | 4461 |
default ceiling amount. | 4462 |
(D) "Fee" means any course-related fee and any other fee | 4463 |
imposed by the college, but not included in tuition, for | 4464 |
participation in the program established by this chapter. | 4465 |
(E) "Formula amount" has the same meaning as in section | 4466 |
3317.02 of the Revised Code. | 4467 |
(F) "Governing entity" means a board of education of a school | 4468 |
district, a governing authority of a community school established | 4469 |
under Chapter 3314., a governing body of a STEM school established | 4470 |
under Chapter 3326., or a board of trustees of a | 4471 |
college-preparatory boarding school established under Chapter | 4472 |
3328. of the Revised Code. | 4473 |
(G) "Home-instructed participant" means a student who has | 4474 |
been excused from the compulsory attendance law for the purpose of | 4475 |
home instruction under section 3321.04 of the Revised Code, and is | 4476 |
participating in the program established by this chapter. | 4477 |
(H) "Maximum per participant charge amount" means one of the | 4478 |
following amounts, whichever is applicable: | 4479 |
(1) For a participant enrolled in a college operating on a | 4480 |
semester schedule, the amount calculated according to the | 4481 |
following formula: | 4482 |
4483 | |
4484 | |
4485 | |
(2) For a participant enrolled in a college operating on a | 4486 |
quarter schedule, the amount calculated according to the following | 4487 |
formula: | 4488 |
4489 | |
4490 | |
4491 | |
(I) "Nonpublic secondary school" means a chartered or | 4492 |
nonchartered school for which minimum standards are prescribed by | 4493 |
the state board of education pursuant to division (D) of section | 4494 |
3301.07 of the Revised Code. | 4495 |
(J) "Number of enrolled credit hours" means the number of | 4496 |
credit hours for a course in which a participant is enrolled | 4497 |
during the previous term after the date on which a withdrawal from | 4498 |
a course would have negatively affected the participant's | 4499 |
transcripted grade, as prescribed by the college's established | 4500 |
withdrawal policy. | 4501 |
(K) "Parent" has the same meaning as in section 3313.64 of | 4502 |
the Revised Code. | 4503 |
(L) "Participant" means any student enrolled in a college | 4504 |
under the program established by this chapter. | 4505 |
(M) "Partnering college" means a college with which a public | 4506 |
or nonpublic secondary school has entered into an agreement in | 4507 |
order to offer the program established by this chapter. | 4508 |
(N) "Partnering secondary school" means a public or nonpublic | 4509 |
secondary school with which a college has entered into an | 4510 |
agreement in order to offer the program established by this | 4511 |
chapter. | 4512 |
(O) "Private college" means any of the following: | 4513 |
(1) A nonprofit institution holding a certificate of | 4514 |
authorization pursuant to Chapter 1713. of the Revised Code; | 4515 |
(2) An institution holding a certificate of registration from | 4516 |
the state board of career colleges and schools and program | 4517 |
authorization for an associate or bachelor's degree program issued | 4518 |
under section 3332.05 of the Revised Code; | 4519 |
(3) A private institution exempt from regulation under | 4520 |
Chapter 3332. of the Revised Code as prescribed in section | 4521 |
3333.046 of the Revised Code. | 4522 |
(P) "Public college" means a "state institution of higher | 4523 |
education" in section 3345.011 of the Revised Code, excluding the | 4524 |
northeast Ohio medical university. | 4525 |
(Q) "Public secondary school" means a school serving grades | 4526 |
nine through twelve in a city, local, or exempted village school | 4527 |
district, a joint vocational school district, a community school | 4528 |
established under Chapter 3314., a STEM school established under | 4529 |
Chapter 3326., or a college-preparatory boarding school | 4530 |
established under Chapter 3328. of the Revised Code. | 4531 |
(R) "School year" has the same meaning as in section 3313.62 | 4532 |
of the Revised Code. | 4533 |
(S) "Secondary grade" means any of grades nine through | 4534 |
twelve. | 4535 |
(T) "Transcripted credit" means post-secondary credit that is | 4536 |
conferred by an institution of higher education and is reflected | 4537 |
on a student's official record at that institution upon completion | 4538 |
of a course. | 4539 |
Sec. 3365.02. (A) There is hereby established the college | 4540 |
credit plus program under which, beginning with the 2015-2016 | 4541 |
school year, a secondary grade student who is a resident of this | 4542 |
state may enroll at a college, on a full- or part-time basis, and | 4543 |
complete nonsectarian, nonremedial courses for high school and | 4544 |
college credit. The program shall govern arrangements in which a | 4545 |
secondary grade student enrolls in a college and, upon successful | 4546 |
completion of coursework taken under the program, receives | 4547 |
transcripted credit from the college, except for any of the | 4548 |
following: | 4549 |
(1) An agreement governing an early college high school | 4550 |
program that meets any of the exemption criteria under division | 4551 |
(E) of section 3313.6013 of the Revised Code; | 4552 |
(2) An advanced placement course or international | 4553 |
baccalaureate diploma course, as described in divisions (A)(2) and | 4554 |
(3) of section 3313.6013 of the Revised Code; | 4555 |
(3) A career-technical education program that is approved by | 4556 |
the department of education under section 3317.161 of the Revised | 4557 |
Code and grants articulated credit to students participating in | 4558 |
that program. | 4559 |
(B) Any student enrolled in a public or nonpublic secondary | 4560 |
school in the student's ninth, tenth, eleventh, or twelfth grade | 4561 |
and any student who has been excused from the compulsory | 4562 |
attendance law for the purpose of home instruction under section | 4563 |
3321.04 of the Revised Code and is the equivalent of a ninth, | 4564 |
tenth, eleventh, or twelfth grade student, may participate in the | 4565 |
program, if the student meets the applicable eligibility criteria | 4566 |
in section 3365.03 of the Revised Code. | 4567 |
(C) All public secondary schools and all public colleges | 4568 |
shall participate in the program and are subject to the | 4569 |
requirements of this chapter. Any nonpublic secondary school or | 4570 |
private college that chooses to participate in the program shall | 4571 |
also be subject to the requirements of this chapter. | 4572 |
(D) The state board of education, in accordance with Chapter | 4573 |
119. of the Revised Code and in consultation with the chancellor | 4574 |
of the Ohio board of regents, shall adopt rules governing the | 4575 |
program. | 4576 |
Sec. 3365.03. (A) A student enrolled in a public or nonpublic | 4577 |
secondary school during the student's ninth, tenth, eleventh, or | 4578 |
twelfth grade school year or a student who has been excused from | 4579 |
the compulsory attendance law for the purpose of home instruction | 4580 |
under section 3321.04 of the Revised Code and is the equivalent of | 4581 |
a ninth, tenth, eleventh, or twelfth grade student, may apply to | 4582 |
and enroll in a college under the college credit plus program. | 4583 |
(1) In order for a public secondary school student to | 4584 |
participate in the program, all of the following criteria shall be | 4585 |
met: | 4586 |
(a) The student or the student's parent shall inform the | 4587 |
principal, or equivalent, of the student's school by the first day | 4588 |
of April of the student's intent to participate in the program | 4589 |
during the following school year. Any student who fails to provide | 4590 |
the notification by the required date may not participate in the | 4591 |
program during the following school year without the written | 4592 |
consent of the principal, or equivalent. | 4593 |
(b) The student shall both: | 4594 |
(i) Apply to a public or a participating private college in | 4595 |
accordance with the college's established procedures for | 4596 |
admission, pursuant to section 3365.05 of the Revised Code; | 4597 |
(ii) Meet the college's established standards for admission | 4598 |
and for course placement, including course-specific capacity | 4599 |
limitations, pursuant to section 3365.05 of the Revised Code. | 4600 |
(c) The student shall elect at the time of enrollment to | 4601 |
participate under either division (A) or (B) of section 3365.06 of | 4602 |
the Revised Code for each course under the program. | 4603 |
(d) The student and the student's parent shall sign a form, | 4604 |
provided by the school, stating that they have received the | 4605 |
counseling required under division (B) of section 3365.04 of the | 4606 |
Revised Code and that they understand the responsibilities they | 4607 |
must assume in the program. | 4608 |
(2) In order for a nonpublic secondary school or | 4609 |
home-instructed student to participate in the program, both of the | 4610 |
following criteria shall be met: | 4611 |
(a) The student shall meet the criteria in divisions | 4612 |
(A)(1)(b) and (c) of this section. | 4613 |
(b) The student shall satisfy all application procedures and | 4614 |
standards established in rules adopted by the state board of | 4615 |
education, in consultation with the chancellor of the Ohio board | 4616 |
of regents, pursuant to section 3365.071 of the Revised Code. | 4617 |
(B) Except as provided for in division (C) of this section | 4618 |
and in sections 3365.031 and 3365.032 of the Revised Code: | 4619 |
(1) No public secondary school shall prohibit a student | 4620 |
enrolled in that school from participating in the program if that | 4621 |
student meets all of the criteria in division (A)(1) of this | 4622 |
section. | 4623 |
(2) No participating nonpublic secondary school shall | 4624 |
prohibit a student enrolled in that school from participating in | 4625 |
the program if the student meets all of the criteria in division | 4626 |
(A)(2) of this section and, if the student is enrolled under | 4627 |
division (B) of section 3365.06 of the Revised Code, the student | 4628 |
is awarded funding from the department in accordance with rules | 4629 |
adopted by the state board, in consultation with the chancellor, | 4630 |
pursuant to section 3365.071 of the Revised Code. | 4631 |
(C) For purposes of this section, during the period of an | 4632 |
expulsion imposed by a public secondary school, a student is | 4633 |
ineligible to apply to enroll in a college under this section, | 4634 |
unless the student is admitted to another public secondary or | 4635 |
participating nonpublic secondary school. If a student is enrolled | 4636 |
in a college under this section at the time the student is | 4637 |
expelled, the student's status for the remainder of the college | 4638 |
term in which the expulsion is imposed shall be determined under | 4639 |
section 3365.032 of the Revised Code. | 4640 |
(D) Upon a student's graduation from high school, | 4641 |
participation in the college credit plus program shall not affect | 4642 |
the student's eligibility at any public college for scholarships | 4643 |
or for other benefits or opportunities that are available to | 4644 |
first-time college students and are awarded by that college, | 4645 |
regardless of the number of credit hours that the student | 4646 |
completed under the program. | 4647 |
| 4648 |
enroll in courses under this chapter for which the student elects | 4649 |
under division (B) of section | 4650 |
to receive credit toward high school graduation for more than the | 4651 |
equivalent of four academic school years. A student enrolling in | 4652 |
courses under this chapter may not enroll in courses in which the | 4653 |
student elects to receive credit toward high school graduation for | 4654 |
more than the equivalent of: | 4655 |
(1) Three academic school years, if the student so enrolls | 4656 |
for the first time in grade ten; | 4657 |
(2) Two academic school years, if the student so enrolls for | 4658 |
the first time in grade eleven; | 4659 |
(3) One academic school year, if the student so enrolls for | 4660 |
the first time in grade twelve. | 4661 |
| 4662 |
section shall be reduced proportionately for any such student who | 4663 |
enrolls in the program during the course of a school year in | 4664 |
accordance with rules adopted under section 3365.02 of the Revised | 4665 |
Code. | 4666 |
| 4667 |
4668 | |
4669 | |
4670 | |
4671 |
| 4672 |
4673 | |
4674 | |
expels a student under division (B) of section 3313.66 of the | 4675 |
Revised Code or, for a college-preparatory boarding school | 4676 |
established under Chapter 3328. of the Revised Code, in accordance | 4677 |
with the school's bylaws adopted pursuant to section 3328.13 of | 4678 |
the Revised Code, the | 4679 |
4680 | |
send a written notice of the expulsion to any college in which the | 4681 |
expelled student is enrolled under section 3365.03 of the Revised | 4682 |
Code at the time the expulsion is imposed. The notice shall | 4683 |
indicate the date the expulsion is scheduled to expire. The notice | 4684 |
also shall indicate whether the | 4685 |
4686 | |
adopted a policy under section 3313.613 of the Revised Code or, | 4687 |
for a college-preparatory boarding school, in accordance with the | 4688 |
school's bylaws adopted pursuant to section 3328.13 of the Revised | 4689 |
Code to deny high school credit for | 4690 |
under the college credit plus program during an expulsion. If the | 4691 |
expulsion is extended under division (F) of section 3313.66 of the | 4692 |
Revised Code or, for a college-preparatory boarding school, in | 4693 |
accordance with the school's bylaws adopted pursuant to section | 4694 |
3328.13 of the Revised Code, the | 4695 |
4696 | |
4697 | |
the extension. | 4698 |
(B) A college may withdraw its acceptance under section | 4699 |
3365.03 of the Revised Code of a student who is expelled from | 4700 |
school under division (B) of section 3313.66 of the Revised Code | 4701 |
or, for a college-preparatory boarding school, in accordance with | 4702 |
the school's bylaws adopted pursuant to section 3328.13 of the | 4703 |
Revised Code. As provided in section 3365.03 of the Revised Code, | 4704 |
regardless of whether the college withdraws its acceptance of the | 4705 |
student for the college term in which the student is expelled, the | 4706 |
student is ineligible to enroll in a college under that section | 4707 |
for subsequent college terms during the period of the expulsion, | 4708 |
unless the student enrolls in another
public school
| 4709 |
4710 | |
period. | 4711 |
If a college withdraws its acceptance of an expelled student | 4712 |
who elected either option of division (A)(1) or (2) of section | 4713 |
4714 | |
tuition and fees paid by the student in the same proportion that | 4715 |
it refunds tuition and fees to students who voluntarily withdraw | 4716 |
from the college at the same time in the term. | 4717 |
If a college withdraws its acceptance of an expelled student | 4718 |
who elected the option of division (B) of section | 4719 |
of the Revised Code, the public school | 4720 |
4721 | |
courses in which the student was enrolled at the time the college | 4722 |
withdrew its acceptance, and any reimbursement under section | 4723 |
3365.07 of the Revised Code | 4724 |
4725 | |
4726 | |
withdrawal shall be the same as would be paid for a student who | 4727 |
voluntarily withdrew from the college at the same time in the | 4728 |
term. If the withdrawal results in the college's receiving no | 4729 |
reimbursement, the college or secondary school may require the | 4730 |
student to return or pay for | 4731 |
provided the student free of charge
| 4732 |
4733 |
(C) When a student who elected the option of division (B) of | 4734 |
section | 4735 |
division (B) of section 3313.66 of the Revised Code or, for a | 4736 |
college-preparatory boarding school, in accordance with the | 4737 |
school's bylaws adopted pursuant to section 3328.13 of the Revised | 4738 |
Code from a public school | 4739 |
4740 | |
Revised Code or, for a college-preparatory boarding school, in | 4741 |
accordance with the school's bylaws adopted pursuant to section | 4742 |
3328.13 of the Revised Code to deny high school credit for courses | 4743 |
taken under the college credit plus program during an expulsion, | 4744 |
that election is automatically revoked for all college courses in | 4745 |
which the student is enrolled during the college term in which the | 4746 |
expulsion is imposed. Any reimbursement under section 3365.07 of | 4747 |
the Revised Code | 4748 |
4749 | |
for the student's attendance prior to the expulsion shall be the | 4750 |
same as would be paid for a student who voluntarily withdrew from | 4751 |
the college at the same time in the term. If the revocation | 4752 |
results in the college's receiving no reimbursement, the college | 4753 |
or secondary school may require the student to return or pay for | 4754 |
4755 | |
charge
| 4756 |
| 4757 |
notice from the superintendent | 4758 |
4759 | |
4760 | |
adopted a policy under section 3313.613 of the Revised Code or, | 4761 |
for a college-preparatory boarding school, in accordance with the | 4762 |
school's bylaws adopted pursuant to section 3328.13 of the Revised | 4763 |
Code, the college shall send a written notice to the expelled | 4764 |
student that the student's election of division (B) of section | 4765 |
4766 | |
elects not to withdraw its acceptance of the student, the student | 4767 |
shall pay all applicable tuition and fees for the college courses | 4768 |
and shall pay for | 4769 |
or secondary school provided | 4770 |
4771 |
Sec. 3365.04. Each public and participating nonpublic | 4772 |
secondary school shall do all of the following with respect to the | 4773 |
college credit plus program: | 4774 |
(A) Provide information about the program prior to the first | 4775 |
day of March of each year to all students enrolled in grades eight | 4776 |
through eleven; | 4777 |
(B) Provide counseling services to students in grades eight | 4778 |
through eleven and to their parents before the students | 4779 |
participate in the program under this chapter to ensure that | 4780 |
students and parents are fully aware of the possible consequences | 4781 |
and benefits of participation. Counseling information shall | 4782 |
include: | 4783 |
(1) Program eligibility; | 4784 |
(2) The process for granting academic credits; | 4785 |
(3) Any necessary financial arrangements for tuition, | 4786 |
textbooks, and fees; | 4787 |
(4) Criteria for any transportation aid; | 4788 |
(5) Available support services; | 4789 |
(6) Scheduling; | 4790 |
(7) Communicating the possible consequences and benefits of | 4791 |
participation, including all of the following: | 4792 |
(a) The consequences of failing or not completing a course | 4793 |
under the program, including the effect on the student's ability | 4794 |
to complete the secondary school's graduation requirements; | 4795 |
(b) The effect of the grade attained in a course under the | 4796 |
program being included in the student's grade point average, as | 4797 |
applicable; | 4798 |
(c) The benefits to the student for successfully completing a | 4799 |
course under the program, including the ability to reduce the | 4800 |
overall costs of, and the amount of time required for, a college | 4801 |
education. | 4802 |
(8) The academic and social responsibilities of students and | 4803 |
parents under the program; | 4804 |
(9) Information about and encouragement to use the counseling | 4805 |
services of the college in which the student intends to enroll; | 4806 |
(10) The standard packet of information for the program | 4807 |
developed by the chancellor of the Ohio board of regents pursuant | 4808 |
to section 3365.15 of the Revised Code; | 4809 |
For a participating nonpublic secondary school, counseling | 4810 |
information shall also include an explanation that funding may be | 4811 |
limited and that not all students who wish to participate may be | 4812 |
able to do so. | 4813 |
(C) Promote the program on the school's web site, including | 4814 |
the details of the school's current agreements with partnering | 4815 |
colleges; | 4816 |
(D) Schedule at least one informational session per school | 4817 |
year to allow each partnering college that is located within | 4818 |
thirty miles of the school to meet with interested students and | 4819 |
parents. The session shall include the benefits and consequences | 4820 |
of participation and shall outline any changes or additions to the | 4821 |
requirements of the program. If there are no partnering colleges | 4822 |
located within thirty miles of the school, the school shall | 4823 |
coordinate with the closest partnering college to offer an | 4824 |
informational session. | 4825 |
(E) Implement a policy for the awarding of grades and the | 4826 |
calculation of class standing for courses taken under division | 4827 |
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy | 4828 |
adopted under this division shall be equivalent to the school's | 4829 |
current policy for courses taken under the advanced standing | 4830 |
programs described in divisions (A)(2) and (3) of section | 4831 |
3313.6013 of the Revised Code. If the current policy includes | 4832 |
awarding a weighted grade or enhancing a student's class standing | 4833 |
for courses taken under these programs, the policy adopted under | 4834 |
this section shall also provide for these procedures to be applied | 4835 |
to courses taken under the college credit plus program. | 4836 |
(F) Develop model course pathways, pursuant to section | 4837 |
3365.13 of the Revised Code, and publish the course pathways among | 4838 |
the school's official list of course offerings for the program. | 4839 |
(G) Annually collect, report, and track specified data | 4840 |
related to the program according to data reporting guidelines | 4841 |
adopted by the chancellor and the superintendent of public | 4842 |
instruction pursuant to section 3365.15 of the Revised Code. | 4843 |
Sec. 3365.05. Each public and participating private college | 4844 |
shall do all of the following with respect to the college credit | 4845 |
plus program: | 4846 |
(A) Apply established standards and procedures for admission | 4847 |
to the college and for course placement for participants. When | 4848 |
determining admission and course placement, the college shall do | 4849 |
all of the following: | 4850 |
(1) Consider all available student data that may be an | 4851 |
indicator of college readiness, including grade point average and | 4852 |
end-of-course examination scores, if applicable; | 4853 |
(2) Give priority to its current students regarding | 4854 |
enrollment in courses. However, once a participant has been | 4855 |
accepted into a course, the college shall not displace the | 4856 |
participant for another student. | 4857 |
(3) Adhere to any capacity limitations that the college has | 4858 |
established for specified courses. | 4859 |
(B) Send written notice to a participant, the participant's | 4860 |
parent, the participant's secondary school, and the superintendent | 4861 |
of public instruction, not later than fourteen calendar days prior | 4862 |
to the first day of classes for that term, of the participant's | 4863 |
admission to the college and to specified courses under the | 4864 |
program. | 4865 |
(C) Provide both of the following, not later than twenty-one | 4866 |
calendar days after the first day of classes for that term, to | 4867 |
each participant, participant's secondary school, and the | 4868 |
superintendent of public instruction: | 4869 |
(1) The courses and hours of enrollment of the participant; | 4870 |
(2) The option elected by the participant under division (A) | 4871 |
or (B) of section 3365.06 of the Revised Code for each course. | 4872 |
The college shall also provide to each partnering school a | 4873 |
roster of participants from that school that are enrolled in the | 4874 |
college and a list of course assignments for each participant. | 4875 |
(D) Promote the program on the college's web site, including | 4876 |
the details of the college's current agreements with partnering | 4877 |
secondary schools. | 4878 |
(E) Coordinate with each partnering secondary school that is | 4879 |
located within thirty miles of the college to present at least one | 4880 |
informational session per school year for interested students and | 4881 |
parents. The session shall include the benefits and consequences | 4882 |
of participation and shall outline any changes or additions to the | 4883 |
requirements of the program. If there are no partnering schools | 4884 |
located within thirty miles of the college, the college shall | 4885 |
coordinate with the closest partnering school to offer an | 4886 |
informational session. | 4887 |
(F) Assign an academic advisor that is employed by the | 4888 |
college to each participant enrolled in that college. Prior to the | 4889 |
date on which a withdrawal from a course would negatively affect a | 4890 |
participant's transcripted grade, as prescribed by the college's | 4891 |
established withdrawal policy, the college shall ensure that the | 4892 |
academic advisor and the participant meet at least once to discuss | 4893 |
the program and the courses in which the participant is enrolled. | 4894 |
(G) Do both of the following with regard to high school | 4895 |
teachers that are teaching courses for the college at a secondary | 4896 |
school under the program: | 4897 |
(1) Provide at least one professional development session per | 4898 |
school year; | 4899 |
(2) Conduct at least one classroom observation per school | 4900 |
year for each course that is authorized by the college and taught | 4901 |
by a high school teacher to ensure that the course meets the | 4902 |
quality of a college-level course. | 4903 |
(H) Annually collect, report, and track specified data | 4904 |
related to the program according to data reporting guidelines | 4905 |
adopted by the chancellor and the superintendent of public | 4906 |
instruction pursuant to section 3365.15 of the Revised Code. | 4907 |
| 4908 |
3365.02 of the Revised Code shall provide for | 4909 |
participants to enroll in courses under either of the following | 4910 |
options: | 4911 |
(A) The | 4912 |
enrollment to be responsible for payment of all tuition and the | 4913 |
cost of all textbooks, materials, and fees associated with the | 4914 |
course. The college shall notify the | 4915 |
payment of tuition and fees in the customary manner followed by | 4916 |
the college. A | 4917 |
elect, at the time of enrollment, whether to receive only college | 4918 |
credit or high school credit and college credit for the course. | 4919 |
(1) The | 4920 |
credit for the course. Except as provided in section | 4921 |
3365.032 of the Revised Code, if the | 4922 |
successfully completes the course, the college shall award the | 4923 |
4924 | |
4925 | |
entity of a public secondary school | 4926 |
body of a participating nonpublic secondary school shall not award | 4927 |
the high school credit. | 4928 |
(2) The | 4929 |
school credit and college credit for the course. Except as | 4930 |
provided in section
| 4931 |
4932 | |
shall award the | 4933 |
the | 4934 |
governing entity of a public school | 4935 |
participating nonpublic school shall award the | 4936 |
high school credit. | 4937 |
(B) The | 4938 |
enrollment for each course to have the college reimbursed under | 4939 |
section 3365.07 of the Revised Code | 4940 |
4941 | |
4942 | |
4943 | |
successfully completes the course, the college shall award the | 4944 |
4945 | |
4946 | |
entity of a public school | 4947 |
participating nonpublic school shall award the | 4948 |
high school credit | 4949 |
4950 | |
4951 | |
4952 | |
college reimbursed under this division, the department shall | 4953 |
reimburse the college for the number of enrolled credit hours in | 4954 |
accordance with section 3365.07 of the Revised Code. | 4955 |
When determining a school district's | 4956 |
under section 3317.03 of the Revised Code, the time a participant | 4957 |
is attending courses under division (A) of this section shall be | 4958 |
considered as time the participant is not attending or enrolled in | 4959 |
school anywhere, and the time a participant is attending courses | 4960 |
under division (B) of this section shall be considered as time the | 4961 |
participant is attending or enrolled in the district's schools. | 4962 |
Sec. 3365.07. The department of education shall calculate | 4963 |
and pay state funds to colleges for participants in the college | 4964 |
credit plus program under division (B) of section 3365.06 of the | 4965 |
Revised Code pursuant to this section. For a nonpublic secondary | 4966 |
school or home-instructed participant, the department shall pay | 4967 |
state funds pursuant to this section only if that participant is | 4968 |
awarded funding according to rules adopted by the state board of | 4969 |
education, in consultation with the chancellor of the Ohio board | 4970 |
of regents, pursuant to section 3365.071 of the Revised Code. The | 4971 |
program shall be the sole mechanism by which state funds are paid | 4972 |
to colleges for students to earn college-level credit while | 4973 |
enrolled in a secondary school, with the exception of the programs | 4974 |
listed in division (A) of section 3365.02 of the Revised Code. | 4975 |
(A) For each public or nonpublic secondary school participant | 4976 |
enrolled in a public college: | 4977 |
(1) If no agreement has been entered into under division | 4978 |
(A)(2) of this section, both of the following shall apply: | 4979 |
(a) The department shall pay to the college the applicable | 4980 |
amount as follows: | 4981 |
(i) For a participant enrolled in a college course delivered | 4982 |
on the college campus, at another location operated by the | 4983 |
college, or online, the default ceiling amount; | 4984 |
(ii) For a participant enrolled in a college course delivered | 4985 |
at the participant's secondary school but taught by college | 4986 |
faculty, fifty per cent of the default ceiling amount; | 4987 |
(iii) For a participant enrolled in a college course | 4988 |
delivered at the participant's secondary school and taught by a | 4989 |
high school teacher who has met the credential requirements | 4990 |
established for purposes of the program in rules adopted by the | 4991 |
chancellor of the Ohio board of regents, the default floor amount. | 4992 |
(b) The participant's secondary school shall pay for | 4993 |
textbooks, and the college shall waive payment of all other fees | 4994 |
related to participation in the program. | 4995 |
(2) The governing entity of a participant's secondary school | 4996 |
and the college may enter into an agreement to establish an | 4997 |
alternative payment structure for tuition, textbooks, and fees. | 4998 |
Under such an agreement, payments for each participant made by the | 4999 |
department shall be not less than the default floor amount and not | 5000 |
more than the default ceiling amount. | 5001 |
(3) No participant that is enrolled in a public college shall | 5002 |
be charged for any tuition, textbooks, or other fees related to | 5003 |
participation in the program. | 5004 |
(B) For each public secondary school participant enrolled in | 5005 |
a private college: | 5006 |
(1) If no agreement has been entered into under division | 5007 |
(B)(2) of this section, the department shall pay to the college | 5008 |
the applicable amount calculated in the same manner as in division | 5009 |
(A)(1)(a) of this section. | 5010 |
(2) The governing entity of a participant's secondary school | 5011 |
and the college may enter into an agreement to establish an | 5012 |
alternative payment structure for tuition, textbooks, and fees. | 5013 |
Under such an agreement, payments shall be not less than the | 5014 |
default floor amount and not more than the default ceiling amount. | 5015 |
The agreement may include a stipulation permitting the charging of | 5016 |
a participant. A participant may be charged an amount not to | 5017 |
exceed the maximum per participant charge amount. A participant | 5018 |
may be charged only if all of the following conditions are met: | 5019 |
(a) Payments for the participant made by the department to | 5020 |
the college are not less than the default ceiling amount. | 5021 |
(b) The school provides information to the participant on the | 5022 |
no-cost options available under this chapter. | 5023 |
(c) The participant is not identified as economically | 5024 |
disadvantaged according to rules adopted by the department. | 5025 |
(C) For each nonpublic secondary school participant enrolled | 5026 |
in a private college, the department shall pay to the college the | 5027 |
applicable amount calculated in the same manner as in division | 5028 |
(A)(1)(a) of this section. Payment for costs for the participant | 5029 |
that exceed the amount paid by the department shall be negotiated | 5030 |
by the governing body of the nonpublic secondary school and the | 5031 |
college. | 5032 |
However, under no circumstances shall: | 5033 |
(1) The payments for a participant made by the department | 5034 |
under this division exceed the default ceiling amount. | 5035 |
(2) Any nonpublic secondary school participant, who is | 5036 |
enrolled in that secondary school with a scholarship awarded under | 5037 |
either the educational choice scholarship pilot program, as | 5038 |
prescribed by sections 3310.01 to 3310.17, or the pilot project | 5039 |
scholarship program, as prescribed by sections 3313.974 to | 5040 |
3313.979 of the Revised Code, and who qualifies as a low-income | 5041 |
student under either of those programs, be charged for any | 5042 |
tuition, textbooks, or other fees related to participation in the | 5043 |
college credit plus program. | 5044 |
(D) For each home-instructed participant enrolled in a public | 5045 |
or private college, the department shall pay to the college the | 5046 |
default ceiling amount, if that participant is enrolled in a | 5047 |
college course delivered on the college campus, at another | 5048 |
location operated by the college, or online. | 5049 |
(E) Not later than thirty days after the end of each term, | 5050 |
each college expecting to receive payment for the costs of a | 5051 |
participant under this section shall notify the department of the | 5052 |
number of enrolled credit hours for each participant. | 5053 |
(F) Each January and July, or as soon as possible thereafter, | 5054 |
the department shall make the applicable payments under this | 5055 |
section to each college, which provided proper notification to the | 5056 |
department under division (E) of this section, for the number of | 5057 |
enrolled credit hours for participants enrolled in the college | 5058 |
under division (B) of section 3365.06 of the Revised Code. The | 5059 |
department shall not make any payments to a college under this | 5060 |
section if a participant withdrew from a course prior to the date | 5061 |
on which a withdrawal from the course would have negatively | 5062 |
affected the participant's transcripted grade, as prescribed by | 5063 |
the college's established withdrawal policy. | 5064 |
(1) Payments made for public secondary school participants | 5065 |
under this section shall be deducted from the school foundation | 5066 |
payments made to the participant's school district or, if the | 5067 |
participant is enrolled in a community school, a STEM school, or a | 5068 |
college-preparatory boarding school, from the payments made to | 5069 |
that school under section 3314.08, 3326.33, or 3328.34 of the | 5070 |
Revised Code. If the participant is enrolled in a joint vocational | 5071 |
school district, a portion of the amount shall be deducted from | 5072 |
the payments to the joint vocational school district and a portion | 5073 |
shall be deducted from the payments to the participant's city, | 5074 |
local, or exempted village school district in accordance with the | 5075 |
full-time equivalency of the student's enrollment in each | 5076 |
district. Amounts deducted under division (F)(1) of this section | 5077 |
shall be calculated in accordance with rules adopted by the state | 5078 |
board of education, pursuant to division (B) of section 3365.071 | 5079 |
of the Revised Code. | 5080 |
(2) Payments made for nonpublic secondary school and | 5081 |
home-instructed participants under this section shall be deducted | 5082 |
from moneys appropriated by the general assembly for such purpose. | 5083 |
Payments shall be allocated and distributed in accordance with | 5084 |
rules adopted by the state board, in consultation with the | 5085 |
chancellor of the Ohio board of regents, pursuant to division (A) | 5086 |
of section 3365.071 of the Revised Code. | 5087 |
(G) Any public college that enrolls a student under division | 5088 |
(B) of section 3365.06 of the Revised Code may include that | 5089 |
student in the calculation used to determine its state share of | 5090 |
instruction funds appropriated to the Ohio board of regents by the | 5091 |
general assembly. | 5092 |
Sec. 3365.071. (A) The state board of education, in | 5093 |
accordance with Chapter 119. of the Revised Code and in | 5094 |
consultation with the chancellor of the Ohio board of regents, | 5095 |
shall adopt rules prescribing both of the following: | 5096 |
(1) Application procedures and standards for nonpublic | 5097 |
secondary school and home-instructed students who wish to | 5098 |
participate in the college credit plus program. | 5099 |
(2) A method to allocate and distribute payments under | 5100 |
section 3365.07 of the Revised Code for nonpublic secondary school | 5101 |
and home-instructed participants. | 5102 |
(B) The state board shall also adopt rules establishing a | 5103 |
method to calculate the amounts deducted from a joint vocational | 5104 |
school district and from a participant's city, local, or exempted | 5105 |
village school district for payments under section 3365.07 of the | 5106 |
Revised Code. | 5107 |
Sec. 3365.08. (A) | 5108 |
5109 | |
5110 | |
5111 | |
5112 | |
5113 | |
5114 | |
5115 | |
5116 |
| 5117 |
course for which credit toward high school graduation is awarded | 5118 |
shall receive direct financial aid through any state or federal | 5119 |
program. | 5120 |
| 5121 |
resident school students in grades eleven and twelve under section | 5122 |
3327.01 of the Revised Code, a parent of a | 5123 |
enrolled in a course under division (A)(2) or (B) of section | 5124 |
5125 | |
education for full or partial reimbursement for the necessary | 5126 |
costs of transporting the
| 5127 |
secondary school the | 5128 |
in which the | 5129 |
paid solely from funds received by the district for | 5130 |
transportation under section 3317.0212 of the Revised Code or | 5131 |
other provisions of law. The state board of education shall | 5132 |
establish guidelines, based on financial need, under which a | 5133 |
district may provide such reimbursement. | 5134 |
| 5135 |
transportation for its | 5136 |
twelve under section 3314.091 of the Revised Code, a parent of a | 5137 |
5138 | |
course under division (A)(2) or (B) of section | 5139 |
the Revised Code may apply to the governing authority of the | 5140 |
community school for full or partial reimbursement of the | 5141 |
necessary costs of transporting the | 5142 |
the community school and the college. The governing authority may | 5143 |
pay the reimbursement in accordance with the state board's rules | 5144 |
adopted under division | 5145 |
paid to it under section 3314.091 of the Revised Code. | 5146 |
| 5147 |
division (C) of this section, if the superintendent | 5148 |
5149 | |
5150 | |
participant is enrolled determines that the participant has not | 5151 |
attained a passing final grade in a college course in which the | 5152 |
participant enrolled under this chapter, the superintendent, or | 5153 |
5154 | |
the participant or the participant's parent for the amount of | 5155 |
state funds paid to the college on behalf of the participant for | 5156 |
that college course. The | 5157 |
5158 | |
5159 | |
division (C) of section 3313.642 of the Revised Code, may withhold | 5160 |
grades and credits received by the participant for | 5161 |
5162 | |
participant or the participant's parent provides reimbursement. | 5163 |
(B) | 5164 |
section, if the chief administrator of | 5165 |
nonpublic school in which a participant is enrolled determines | 5166 |
that the participant has not attained a passing final grade in a | 5167 |
college course in which the participant enrolled under this | 5168 |
chapter, the chief administrator | 5169 |
the participant or the participant's parent for the amount of | 5170 |
state funds paid to the college on behalf of the participant for | 5171 |
enrollment in that college course. Upon the collection of any | 5172 |
funds from a participant or participant's parent under this | 5173 |
division, the chief administrator of a nonpublic school shall send | 5174 |
an amount equal to the funds collected to the superintendent of | 5175 |
public instruction. The superintendent of public instruction shall | 5176 |
credit that amount to the general revenue fund. | 5177 |
(C) Unless the participant was expelled by the school, the | 5178 |
superintendent, or equivalent, or chief administrator shall not | 5179 |
seek reimbursement from a participant or a participant's parent | 5180 |
under division (A) or (B) of this section, if the participant is | 5181 |
identified as economically disadvantaged according to rules | 5182 |
adopted by the department of education. | 5183 |
Sec. 3365.10. (A) Any public or participating nonpublic | 5184 |
secondary school or any public or participating private college, | 5185 |
including a secondary school and an associated college operating | 5186 |
an early college high school program, may apply to the chancellor | 5187 |
of the Ohio board of regents and the superintendent of public | 5188 |
instruction for a waiver from the requirements of the college | 5189 |
credit plus program. The chancellor and the superintendent may | 5190 |
grant a waiver if the school or college meets all criteria set | 5191 |
forth in rules adopted by the chancellor and the superintendent | 5192 |
pursuant to division (C) of this section. | 5193 |
(B)(1) Except as provided for in division (E) of section | 5194 |
3313.6013 of the Revised Code, any agreement between a public | 5195 |
secondary school and an associated college governing the operation | 5196 |
of an early college high school program shall be subject to the | 5197 |
requirements of the college credit plus program. The chancellor | 5198 |
and the superintendent may grant a waiver under division (A) of | 5199 |
this section for such an agreement only if the agreement does both | 5200 |
of the following: | 5201 |
(a) Includes innovative programming proposed to exclusively | 5202 |
address the needs of underrepresented student subgroups. | 5203 |
(b) Meets all criteria set forth in rules adopted by the | 5204 |
chancellor and the superintendent pursuant to division (C) of this | 5205 |
section. | 5206 |
(2) Any waiver granted under this section for an agreement | 5207 |
governing an early college high school program shall apply only to | 5208 |
that agreement and shall not apply to any other agreement that the | 5209 |
school or college enters into under this chapter. | 5210 |
(C) The chancellor and the superintendent of public | 5211 |
instruction shall jointly adopt rules, in accordance with Chapter | 5212 |
119. of the Revised Code, regarding the granting of waivers under | 5213 |
this section. | 5214 |
(D) As used in this section: | 5215 |
(1) "Associated college" means a public or private college | 5216 |
which has entered into an agreement with a public secondary school | 5217 |
to establish an early college high school program, as described in | 5218 |
section 3313.6013 of the Revised Code, and awards transcripted | 5219 |
credit to students through that program. | 5220 |
(2) "Early college high school program" has the same meaning | 5221 |
as in section 3313.6013 of the Revised Code. | 5222 |
Sec. 3365.11. Each instructor teaching a course under the | 5223 |
college credit plus program shall meet the credential requirements | 5224 |
set forth in guidelines and procedures established by the | 5225 |
chancellor of the Ohio board of regents. If the guidelines require | 5226 |
high school teachers to take any additional graduate-level | 5227 |
coursework in order to meet the credential requirements, that | 5228 |
coursework shall be applicable to continuing education and | 5229 |
professional development requirements for the renewal of the | 5230 |
teacher's educator license. | 5231 |
| 5232 |
college credit plus program shall be the same courses that are | 5233 |
included in the partnering college's course catalogue for | 5234 |
college-level, nonremedial courses and shall apply to at least one | 5235 |
degree or professional certification at the partnering college. | 5236 |
(B)(1) High school credit awarded for courses successfully | 5237 |
completed under this chapter shall count toward the graduation | 5238 |
requirements and subject area requirements of the
| 5239 |
5240 | |
nonpublic secondary school. If a course comparable to one a | 5241 |
5242 | |
5243 | |
governing body shall award comparable credit for the course | 5244 |
completed at the college. If no comparable course is offered by | 5245 |
the | 5246 |
governing body shall grant an appropriate number of elective | 5247 |
credits
| 5248 |
(2) If there is a dispute between a | 5249 |
5250 | |
school and a
| 5251 |
granted for a course, the
| 5252 |
decision to the state board of education. The state board's | 5253 |
decision regarding any high school credits granted under this | 5254 |
section is final. | 5255 |
(C) Evidence of successful completion of each course and the | 5256 |
high school credits awarded by the | 5257 |
included in the student's record. The record shall indicate that | 5258 |
the credits were earned as a participant under this chapter and | 5259 |
shall include the name of the college at which the credits were | 5260 |
earned. | 5261 |
5262 | |
5263 | |
5264 | |
5265 |
Sec. 3365.13. (A) Each public secondary school shall | 5266 |
develop, in consultation with at least one public partnering | 5267 |
college, two model pathways for courses offered under the college | 5268 |
credit plus program. One of the model pathways shall be a | 5269 |
fifteen-credit hour pathway and one shall be a thirty-credit hour | 5270 |
pathway. Each pathway shall include courses which, once completed, | 5271 |
all apply to at least one degree or professional certification | 5272 |
offered at the college. The pathways may be organized by desired | 5273 |
major or career path or may include various core courses required | 5274 |
for a degree or professional certification by the college. The | 5275 |
school shall publish the pathways among the school's official list | 5276 |
of course offerings from which a participant may select. | 5277 |
(B) No participant shall be required to enroll only in the | 5278 |
courses included in a model pathway developed under division (A) | 5279 |
of this section. Instead, the pathways shall serve as samples of | 5280 |
the courses that a participant may take, if desired, to earn | 5281 |
multiple credits toward a specified degree or certification. | 5282 |
Sec. 3365.15. The chancellor of the Ohio board of regents | 5283 |
and the superintendent of public instruction jointly shall do all | 5284 |
of the following: | 5285 |
(A) Adopt data reporting guidelines specifying the types of | 5286 |
data that public and participating nonpublic secondary schools and | 5287 |
public and participating private colleges must collect, report, | 5288 |
and track under division (G) of section 3365.04 and division (H) | 5289 |
of section 3365.05 of the Revised Code. The guidelines shall also | 5290 |
include policies and procedures for the collection, reporting, and | 5291 |
tracking of such data. | 5292 |
(B) Submit a biennial report detailing the status of the | 5293 |
college credit plus program to the governor, the president of the | 5294 |
senate, the speaker of the house of representatives, and the | 5295 |
chairpersons of the education committees of the senate and house | 5296 |
of representatives. The first report shall be submitted not later | 5297 |
than December 31, 2017, and each subsequent report shall be | 5298 |
submitted not later than the thirty-first day of December every | 5299 |
two years thereafter. | 5300 |
(C) Establish a college credit plus advisory committee to | 5301 |
assist in the development of performance metrics and the | 5302 |
monitoring of the program's progress. | 5303 |
The chancellor shall also, in consultation with the | 5304 |
superintendent, create a standard packet of information for the | 5305 |
college credit plus program directed toward students and parents | 5306 |
that are interested in the program. | 5307 |
Section 2. That existing sections 133.06, 921.06, 3301.0714, | 5308 |
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, | 5309 |
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03, | 5310 |
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24, | 5311 |
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04, | 5312 |
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 and sections | 5313 |
3313.6015, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022, | 5314 |
3365.03, 3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the | 5315 |
Revised Code are hereby repealed. | 5316 |
Section 3. (A) There is hereby created the School Based | 5317 |
Health Care Advisory Workgroup. The Workgroup shall consist of the | 5318 |
following members: | 5319 |
(1) The Superintendent of Public Instruction or the | 5320 |
Superintendent's designee; | 5321 |
(2) The Director of Developmental Disabilities or the | 5322 |
Director's designee; | 5323 |
(3) The Director of Health or the Director's designee; | 5324 |
(4) The Director of Job and Family Services or the Director's | 5325 |
designee; | 5326 |
(5) The Director of Medicaid or the Director's designee; | 5327 |
(6) The Director of Mental Health and Addiction Services or | 5328 |
the Director's designee; | 5329 |
(7) The Director of the Office of Health Transformation or | 5330 |
the Director's designee, who shall serve as chairperson; | 5331 |
(8) One representative from each of the following | 5332 |
organizations, appointed by the organization's chief executive | 5333 |
officer or the individual serving in an equivalent capacity for | 5334 |
the organization: | 5335 |
(a) The Association of Ohio Health Commissioners; | 5336 |
(b) The Buckeye Association of School Administrators; | 5337 |
(c) The County Commissioners Association of Ohio; | 5338 |
(d) The Greater Cincinnati Community Learning Institute; | 5339 |
(e) The Ohio Association of Community Health Centers; | 5340 |
(f) The Ohio Association of Health Plans; | 5341 |
(g) The Ohio Association of School Nurses; | 5342 |
(h) The Ohio Business Roundtable; | 5343 |
(i) The Ohio Chamber of Commerce; | 5344 |
(j) The Ohio Chapter of the American Academy of Pediatrics; | 5345 |
(k) The Ohio Children's Hospital Association; | 5346 |
(l) The Ohio Commission on Minority Health; | 5347 |
(m) The Ohio Council of Behavioral Health and Family Services | 5348 |
Providers; | 5349 |
(n) The Ohio Dental Association; | 5350 |
(o) The Ohio Optometric Association; | 5351 |
(p) The Ohio Parent Teacher Association; | 5352 |
(q) The Ohio State Medical Association; | 5353 |
(r) The Public Children Services Association of Ohio; | 5354 |
(s) Voices for Ohio's Children; | 5355 |
(t) The Ohio Federation of Teachers. | 5356 |
(9) Two members of the House of Representatives, one from the | 5357 |
majority party and the other from the minority party, appointed by | 5358 |
the Speaker of the House of Representatives; | 5359 |
(10) Two members of the Senate, one from the majority party | 5360 |
and the other from the minority party, appointed by the President | 5361 |
of the Senate. | 5362 |
(B) The Workgroup shall do all of the following: | 5363 |
(1) Review evidence of the correlation between student health | 5364 |
and academic achievement; | 5365 |
(2) Identify existing best practices to improve academic | 5366 |
achievement through better student health; | 5367 |
(3) Based on existing best practices, recommend one or more | 5368 |
models for communities that want to improve academic achievement | 5369 |
through better student health; | 5370 |
(4) Recommend financial strategies to sustain the models over | 5371 |
time, with an emphasis on health coverage through commercial | 5372 |
insurance and Medicaid, not other governmental subsidies; | 5373 |
(5) Recommend health care service delivery strategies that | 5374 |
are known to improve health outcomes, such as patient-centered | 5375 |
medical homes; | 5376 |
(6) Ensure that all recommendations adhere to state and | 5377 |
federal law. | 5378 |
(C)(1) Appointments to the Workgroup shall be made not later | 5379 |
than fifteen days after the effective date of this section. | 5380 |
Vacancies shall be filled in the same manner as the original | 5381 |
appointments. | 5382 |
(2) Members of the Workgroup shall serve without compensation | 5383 |
or reimbursement for expenses incurred while serving on the | 5384 |
Workgroup, except to the extent that serving on the Workgroup is | 5385 |
considered to be among the member's employment duties. | 5386 |
(D) The Workgroup shall prepare a report of its findings and | 5387 |
recommendations and, not later than December 31, 2014, submit the | 5388 |
report to the General Assembly. Upon submission of the report, the | 5389 |
Workgroup shall cease to exist. | 5390 |
Section 4. (A) Notwithstanding anything to the contrary in | 5391 |
Chapter 3365. of the Revised Code, for the 2014-2015 school year, | 5392 |
the program established under that chapter shall continue to | 5393 |
operate as the Post-Secondary Enrollment Options Program, as it | 5394 |
existed under that chapter prior to the effective date of this | 5395 |
section. All rules for the Post-Secondary Enrollment Options | 5396 |
Program in effect on the effective date of this section shall | 5397 |
continue to govern that program for the 2014-2015 school year. The | 5398 |
College Credit Plus Program, as codified in Chapter 3365. of the | 5399 |
Revised Code, as it is revised by this act, shall begin operation | 5400 |
for the 2015-2016 school year. Beginning on the effective date of | 5401 |
this section, the Department of Education, State Board of | 5402 |
Education, and Chancellor of the Ohio Board of Regents shall take | 5403 |
the necessary steps to adopt rules, guidelines, and procedures and | 5404 |
to create any necessary forms and documents so that the College | 5405 |
Credit Plus Program is fully operational for the 2015-2016 school | 5406 |
year in accordance with Chapter 3365. of the Revised Code, as it | 5407 |
is revised by this act. | 5408 |
(B) In accordance with division (A) of this section, all | 5409 |
participants who enroll, or who have taken preliminary action to | 5410 |
enroll, in an institution of higher education for the 2014-2015 | 5411 |
school year pursuant to Chapter 3365. of the Revised Code, as it | 5412 |
existed prior to the effective date of this section, or rules | 5413 |
adopted under that version of that chapter, shall participate in | 5414 |
the Post-Secondary Enrollment Options Program, as it existed prior | 5415 |
to the effective date of this section. Participants enrolled in an | 5416 |
institution of higher education under the Post-Secondary | 5417 |
Enrollment Options Program during the 2014-2015 school year shall | 5418 |
continue to be subject to the provisions of Chapter 3365. of the | 5419 |
Revised Code, as it existed prior to the effective date of this | 5420 |
section. | 5421 |
(C) For the 2014-2015 school year, all participants who | 5422 |
enroll, or who have taken preliminary action to enroll, in a dual | 5423 |
enrollment program as defined in section 3313.6013 of the Revised | 5424 |
Code, as it existed prior to the effective date of this section, | 5425 |
to participate during that school year in the dual enrollment | 5426 |
program shall participate under the specified dual enrollment | 5427 |
program in which the student enrolled and shall continue to be | 5428 |
subject to the provisions of section 3313.6013 of the Revised | 5429 |
Code, as it existed prior to the effective date of this section. | 5430 |
(D) Any agreement entered into for the 2014-2015 school year | 5431 |
regarding either the Post-Secondary Enrollment Options Program | 5432 |
under Chapter 3365. of the Revised Code, as it existed prior to | 5433 |
the effective date of this section, or any dual enrollment | 5434 |
program, as defined in section 3313.6013 of the Revised Code as it | 5435 |
existed prior to the effective date of this section, shall | 5436 |
continue in force, pursuant to the terms of that agreement, for | 5437 |
the 2014-2015 school year. | 5438 |
(E) For the 2013-2014 and 2014-2015 school years, the | 5439 |
Department of Education shall make all payments that the | 5440 |
Department is obligated to pay pursuant to section 3365.07 of the | 5441 |
Revised Code, as it existed prior to the effective date of this | 5442 |
section, for participants who enroll in an institution of higher | 5443 |
education under Chapter 3365. of the Revised Code, as it existed | 5444 |
prior to the effective date of this section. | 5445 |
(F) For the 2014-2015 school year only, whenever the term | 5446 |
"College Credit Plus Program" is used, referred to, or designated | 5447 |
in any provision of the Revised Code outside of Chapter 3365. of | 5448 |
the Revised Code, the use, reference, or designation shall be | 5449 |
construed to mean the "Post-Secondary Enrollment Options Program." | 5450 |