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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 369
2025-2026
Representatives Fowler Arthur, Lear
To
amend sections 3301.079
and
3301.0715 of the Revised Code
to
change diagnostic assessments for grades kindergarten through two to
end-of-year nationally norm-referenced diagnostic assessments and for
the third grade to beginning-of-year nationally norm-referenced
diagnostic assessments.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3301.079
and
3301.0715 of the Revised Code be amended to read as follows:
Sec.
3301.079.
(A)(1)
The department of education and workforce periodically shall adopt
statewide academic standards with emphasis on coherence, focus, and
essential knowledge and that are more challenging and demanding when
compared to international standards for each of grades kindergarten
through twelve in English language arts, mathematics, science, and
social studies.
(a)
The department shall ensure that the standards do all of the
following:
(i)
Include the essential academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction and
the workplace for success in the twenty-first century;
(ii)
Include the development of skill sets that promote information,
media, and technological literacy;
(iii)
Include interdisciplinary, project-based, real-world learning
opportunities;
(iv)
Instill life-long learning by providing essential knowledge and
skills based in the liberal arts tradition, as well as science,
technology, engineering, mathematics, and career-technical education;
(v)
Be clearly written, transparent, and understandable by parents,
educators, and the general public.
(b)
The department shall incorporate into the social studies standards
for grades four to twelve academic content regarding the original
texts of the Declaration of Independence, the Northwest Ordinance,
the Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and their
original context. The department shall revise the model curricula and
achievement assessments adopted under divisions (B) and (C) of this
section as necessary to reflect the additional American history and
American government content. The department shall make available a
list of suggested grade-appropriate supplemental readings that place
the documents prescribed by this division in their historical
context, which teachers may use as a resource to assist students in
reading the documents within that context.
(c)
When the department adopts or revises academic content standards in
social studies, American history, American government, or science
under division (A)(1) of this section, it shall develop such
standards independently and not as part of a multistate consortium.
(2)(a)
After completing the standards required by division (A)(1) of this
section, the department shall adopt standards and model curricula for
instruction in technology, financial literacy and entrepreneurship,
fine arts, and foreign language for grades kindergarten through
twelve. The standards shall meet the same requirements prescribed in
division (A)(1)(a) of this section.
(b)
The department shall incorporate into the standards and model
curriculum for financial literacy and entrepreneurship for grades
nine through twelve academic content regarding free market
capitalism. The academic content shall include all of the following
concepts related to free market capitalism:
(i)
Raw materials, labor, and capital, the three classical factors of
economic production, are privately owned.
(ii)
Individuals control their own ability to work, earn wages, and obtain
skills to earn and increase wages.
(iii)
Private ownership of capital may include a sole proprietorship, a
family business, a publicly traded corporation, a group of private
investors, or a bank.
(iv)
Markets aggregate the exchange of goods and services throughout the
world. Market prices are the only way to convey so much constantly
changing information about the supply of goods and services, and the
demand for them, for consumers and producers to make informed
economic decisions for themselves.
(v)
Wealth is created by providing goods and services that people value
at a profit, and both sellers and buyers seek to profit in some way
in a free market transaction. Thus, profit earned through
transactions can be consumed, saved, reinvested in the business, or
dispersed to shareholders.
(vi)
Wealth creation involves asset value appreciation and depreciation,
voluntary exchange of equity ownership, and open and closed markets.
(vii)
The free market is driven by, and tends to produce, entrepreneurship
and innovation.
(viii)
The free market can include side effects and market failures where at
least part of the cost of the transaction, including producing,
transporting, selling, or buying, is born by others outside of the
transaction.
(ix)
The political features of the free market, including legally
protected property rights, legally enforceable contracts, patent
protections, and the mitigation of side effects and market failures;
(x)
Societies that embrace the free market often embrace political and
personal freedom as well.
(3)
The department shall adopt the most recent standards developed by the
national association for sport and physical education for physical
education in grades kindergarten through twelve or shall adopt its
own standards for physical education in those grades and revise and
update them periodically.
The
department shall employ a full-time physical education coordinator to
provide guidance and technical assistance to districts, community
schools, and STEM schools in implementing the physical education
standards adopted under this division. The director of education and
workforce shall determine that the person employed as coordinator is
qualified for the position, as demonstrated by possessing an adequate
combination of education, license, and experience.
(4)
The department shall update the standards and model curriculum for
instruction in computer science in grades kindergarten through
twelve, which shall include standards for introductory and advanced
computer science courses in grades nine through twelve. When
developing the standards and curriculum, the department shall
consider recommendations from computer science education stakeholder
groups, including teachers and representatives from higher education,
industry, computer science organizations in Ohio, and national
computer science organizations.
Any
district or school may utilize the computer science standards or
model curriculum or any part thereof adopted pursuant to division
(A)(4) of this section. However, no district or school shall be
required to utilize all or any part of the standards or curriculum.
(5)
When academic standards have been completed for any subject area
required by this section, the department shall inform all school
districts, all community schools established under Chapter 3314. of
the Revised Code, all STEM schools established under Chapter 3326. of
the Revised Code, and all nonpublic schools required to administer
the assessments prescribed by sections 3301.0710 and 3301.0712 of the
Revised Code of the content of those standards. Additionally, upon
completion of any academic standards under this section, the
department shall post those standards on the department's web site.
(B)(1)
The department shall adopt a model curriculum for instruction in each
subject area for which updated academic standards are required by
division (A)(1) of this section and for each of grades kindergarten
through twelve that is sufficient to meet the needs of students in
every community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills specified
for each grade level are taught to students, and shall demonstrate
vertical articulation and emphasize coherence, focus, and rigor. When
any model curriculum has been completed, the department shall inform
all school districts, community schools, and STEM schools of the
content of that model curriculum.
(2)
The department, in consultation with the governor's office of
workforce transformation, shall adopt model curricula for grades
kindergarten through twelve that embed career connection learning
strategies into regular classroom instruction.
(3)
All school districts, community schools, and STEM schools may utilize
the state standards and the model curriculum established by the
department, together with other relevant resources, examples, or
models to ensure that students have the opportunity to attain the
academic standards. Upon request, the department shall provide
technical assistance to any district, community school, or STEM
school in implementing the model curriculum.
Nothing
in this section requires any school district to utilize all or any
part of a model curriculum developed under this section.
(C)
The department shall develop achievement assessments aligned with the
academic standards and model curriculum for each of the subject areas
and grade levels required by divisions (A)(1) and (B)(1) of section
3301.0710 of the Revised Code.
When
any achievement assessment has been completed, the department shall
inform all school districts, community schools, STEM schools, and
nonpublic schools required to administer the assessment of its
completion, and the department shall make the achievement assessment
available to the districts and schools.
(D)(1)
The
Not
later than July 1, 2026, the
department
shall adopt
a
diagnostic
an
end-of-year nationally norm-referenced diagnostic
assessment
aligned with the academic standards
and
model curriculum
for
grades one and two in reading, writing, and mathematics and for grade
three
a
beginning-of-year or fall-administered nationally norm-referenced
diagnostic assessment
in
reading
and
,
writing
,
and mathematics
.
The diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills for
the relevant subject area and grade level
,
and the beginning- and end-of-year nationally norm-referenced
diagnostic assessments in reading shall be aligned with the science
of reading
.
Any
diagnostic assessment shall not include components to identify gifted
students.
Blank
copies of diagnostic assessments shall be public records.
(2)
When
each
After
the department adopts the beginning- or end-of-year
diagnostic
assessment
has been completed
,
the department shall
inform
all school districts of its completion and
make
the
diagnostic assessment
it
available
to the districts at no cost to the district.
(3)
(3)(a)
School districts shall administer the
beginning-
or end-of-year
diagnostic
assessment
adopted
under division (D)(1) of this section
pursuant
to section 3301.0715 of the Revised Code beginning
in
the fall or spring of
the
first school year following the
development
approval
of
the assessment.
However,
beginning with the 2017-2018 school year, both of the following shall
apply:
(a)
In the case of the diagnostic assessments for grades one or two in
writing or mathematics or for grade three in writing, a school
district shall not be required to administer any such assessment, but
may do so at the discretion of the district board;
(b)
In the case of any diagnostic assessment that is not for the grade
levels and subject areas specified in division (D)(3)(a) of this
section, each school district shall administer the assessment in the
manner prescribed by section 3301.0715 of the Revised Code.
(b)
School districts may elect to administer an assessment from the list
of those approved by the department in the fall of each school year
for grades kindergarten through two.
(4)
When selecting a provider of the diagnostic assessment prescribed by
division (D)(1) of this section, the department shall require that
each request for proposal include the following:
(a)
A norm-referenced diagnostic tool;
(b)
Beginning- and end-of-year administrations;
(c)
A blueprint for how to read and interpret assessment results that
includes percentile ranges and percentages;
(d)
Evidence of the procedure used to ensure objectivity in grading
assessments;
(e)
Assurances that the provider will produce a comparative description
between a subsequently adopted assessment and the assessment which
immediately preceded it.
(E)
The department shall not adopt a diagnostic or achievement assessment
for any grade level or subject area other than those specified in
this section.
(F)
Whenever the department consults with persons for the purpose of
drafting or reviewing any standards, diagnostic assessments,
achievement assessments, or model curriculum required under this
section, the department shall first consult with parents of students
in kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with expertise
in the appropriate subject area. Whenever practicable, the department
shall consult with teachers recognized as outstanding in their
fields.
If
the department contracts with more than one outside entity for the
development of the achievement assessments required by this section,
the department shall ensure the interchangeability of those
assessments.
(G)
(F)
Whenever the department adopts standards or model curricula under
this section, the department also shall provide information on the
use of blended, online, or digital learning in the delivery of the
standards or curricula to students in accordance with division (A)(5)
of this section.
(H)
The fairness sensitivity review committee of the department shall not
allow any question on any achievement or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior to
September 11, 2001, to include, be written to promote, or inquire as
to individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(I)
(G)
Not later than sixty days prior to the adoption of updated academic
standards under division (A)(1) of this section or updated model
curricula under division (B)(1) of this section, the director of
education and workforce shall present the academic standards or model
curricula, as applicable, in person at a public hearing of the
respective committees of the house of representatives and senate that
consider education legislation.
(J)
(H)
As used in this section:
(1)
"Blended learning" means the delivery of instruction in a
combination of time primarily in a supervised physical location away
from home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning and includes
noncomputer-based learning opportunities.
(2)
"Online learning" means students work primarily from their
residences on assignments delivered via an internet- or other
computer-based instructional method.
(3)
"Coherence" means a reflection of the structure of the
discipline being taught.
(4)
"Digital learning" means learning facilitated by technology
that gives students some element of control over time, place, path,
or pace of learning.
(5)
"Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(6)
"Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should be
articulated and reinforced in a developmentally appropriate manner at
each grade level so that over time students acquire a depth of
knowledge and understanding in the core academic disciplines.
(7)
"Norm-referenced assessment" means a standardized test or
evaluative instrument for which the score interpretation, expressed
as a percentile rank, is based on a comparison of the student's
performance to the performance of a specified reference group, such
as the student's age cohort or grade cohort used in the development
of the assessment.
(8)
"Percentage" means the mathematic ratio expression of the
specific number of questions correct compared to the total number of
questions multiplied by one hundred.
(9)
"Percentile" means the point on the norms distribution for
an age cohort or grade cohort, below which a certain percentage of
the raw scores fall.
Sec.
3301.0715.
(A)
Except as required under division (B)(1) of section 3313.608 or as
specified in division (D)(3) of section 3301.079 of the Revised Code,
the board of education of each city, local, and exempted village
school district shall administer each applicable diagnostic
assessment developed and provided to the district in accordance with
section 3301.079 of the Revised Code to the following:
(1)
Any student who transfers into the district or to a different school
within the district if each applicable
diagnostic
assessment
was not administered by the district or school the student previously
attended in the current school year, within thirty days after the
date of transfer. If the district or school into which the student
transfers cannot determine whether the student has taken any
applicable
diagnostic
assessment
in the current school year, the district or school may administer the
diagnostic
assessment
to the student. However, if a student transfers into the district
prior to the administration of the
diagnostic
assessments
to all students under division (B) of this section, the district may
administer the
diagnostic
assessments
to that student on the date or dates determined under that division.
(2)
Each kindergarten student, not earlier than the first day of July of
the school year and not later than the twentieth day of instruction
of that school year.
For
the purpose of division (A)(2) of this section, the district shall
administer the kindergarten readiness assessment provided by the
department of children and youth. In no case shall the results of the
readiness assessment be used to prohibit a student from enrolling in
kindergarten.
(3)
Each student enrolled in first, second, or third grade.
Division
(A) of this section does not apply to students with significant
cognitive disabilities, as defined by the department.
(B)
Each district board shall administer
each
a
beginning-of-year nationally norm-referenced diagnostic assessment in
the fall and an end-of-year nationally norm-referenced
diagnostic
assessment
in
the spring
when
the board deems appropriate
for the appropriate grade level in accordance with section 3301.079
of the Revised Code
,
provided the administration complies with section 3313.608 of the
Revised Code.
However,
the board shall administer any diagnostic assessment at least once
annually to all students in the appropriate grade level.
A district board may administer any
additional
diagnostic
assessment
assessments
in
the fall
and
spring
of
a school year to measure the amount of academic growth attributable
to the instruction received by students during that school year.
(C)
A district may use different diagnostic assessments from those
adopted under division (D) of section 3301.079 of the Revised Code in
order to satisfy the requirements of division (A)(3) of this section
if the district meets either of the following conditions for the
immediately preceding school year:
(1)
The district received a grade of "A" or "B" for
the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code or for the value-added progress dimension
under division (C)(1)(e) of that section.
(2)
The district received a performance rating of four stars or higher
for achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code or for progress under division (D)(3)(c) of that
section.
(D)
Each district board shall utilize
and
score
any
diagnostic assessment administered under division (A) of this section
in accordance with rules established by the department of education
and workforce
or the department of children and youth. After the administration of
any diagnostic assessment, each district shall provide a student's
completed diagnostic assessment, the results of such assessment, and
any other accompanying documents used during the administration of
the assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the student
under division (C) of section 3313.608 of the Revised Code. Each
district shall submit, in the manner prescribed by each department,
the results of the diagnostic assessments administered under this
section, regardless of the type of assessment used under section
3313.608 of the Revised Code as follows:
(1)
The results of the kindergarten readiness assessment to the
department of children and youth;
(2)
The results of all diagnostic assessments to the department of
education
and workforce
.
The
department of education
and workforce
and the department of children and youth may issue reports with
respect to the data collected. Either department may report school
and district level kindergarten diagnostic assessment data and use
diagnostic assessment data to calculate the measures prescribed by
divisions (B)(1)(g), (C)(1)(g), and (D)(1)(h) of section 3302.03 of
the Revised Code and the data reported under division (D)(2)(e) of
that section.
(E)
Each district board shall provide intervention services to students
whose diagnostic assessments show that they are failing to make
satisfactory progress toward attaining the academic standards for
their grade level.
(F)
Any chartered nonpublic school may elect to administer the
kindergarten readiness assessment to all kindergarten students
enrolled in the school. If the school so elects, the chief
administrator of the school shall notify the director of children and
youth not later than the thirty-first day of March prior to any
school year in which the school will administer the assessment. The
department of children and youth shall furnish the assessment to the
school at no cost to the school. In administering the assessment, the
school shall do all of the following:
(1)
Enter into a written agreement with the department of children and
youth specifying that the school will share each participating
student's assessment data with the department of education
and workforce
and the department of children and youth and, that for the purpose of
reporting the data to the department of education
and
workforce
and
department of children and youth, each participating student will be
assigned a data verification code as described in division (D)(2) of
section 3301.0714 of the Revised Code;
(2)
Require the assessment to be administered by a teacher certified
under section 3301.071 of the Revised Code who either has completed
training on administering the kindergarten readiness assessment
provided by the department of children and youth or has been trained
by another person who has completed such training;
(3)
Administer the assessment in the same manner as school districts are
required to do under this section and the rules established under
division (D) of this section.
(G)
A school district in which less than eighty per cent of its students
score at the proficient level or higher on the third-grade English
language arts assessment prescribed under section 3301.0710 of the
Revised Code shall establish a reading improvement plan supported by
reading specialists. Prior to implementation, the plan shall be
approved by the school district board of education.
Section
2.
That
existing sections 3301.079
and
3301.0715 of the Revised Code are hereby repealed.