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hb455_06_EN
(136th General Assembly)
(Substitute
House Bill Number 455)
AN
ACT
To amend sections 109.57,
109.803, 124.011, 133.06, 135.142, 135.143, 149.41, 2151.354,
2152.19, 2915.092, 2919.24, 2921.44, 3301.01, 3301.02, 3301.03,
3301.07, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714,
3301.0715, 3301.0716, 3301.0730, 3301.111, 3301.12, 3301.133,
3301.45, 3301.52, 3301.85, 3302.01, 3302.02, 3302.021, 3302.03,
3302.034, 3302.035, 3302.04, 3302.05, 3302.07, 3302.10, 3302.12,
3302.13, 3302.151, 3302.17, 3302.21, 3302.41, 3307.01, 3309.01,
3309.011, 3310.03, 3310.14, 3310.522, 3311.242, 3311.741, 3311.80,
3313.11, 3313.411, 3313.413, 3313.483, 3313.603, 3313.6026,
3313.6028, 3313.61, 3313.611, 3313.612, 3313.614, 3313.618,
3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64,
3313.661, 3313.663, 3313.664, 3313.6611, 3313.7112, 3313.7118,
3313.753, 3313.814, 3313.902, 3314.016, 3314.017, 3314.02, 3314.031,
3314.034, 3314.35, 3314.351, 3314.353, 3314.362, 3315.42, 3316.03,
3316.04, 3316.06, 3316.14, 3317.02, 3317.023, 3317.03, 3317.18,
3317.25, 3319.2310, 3319.31, 3319.311, 3319.319, 3319.39, 3319.393,
3320.02, 3320.03, 3325.08, 3326.11, 3327.014, 3331.02, 3333.041,
3333.048, 3333.301, 3345.061, 3365.01, 3365.032, 3365.07, 3728.01,
3737.07, 3781.106, 3792.04, 4109.07, 4117.01, 4723.483, 4723.4811,
4729.01, 4729.513, 4729.541, 4730.433, 4730.437, 4731.92, 4731.96,
5104.53, 5502.262, 5705.212, 5705.213, 5753.11, and 6109.121; to
enact new section 3314.25 and sections 3314.252 and 3319.265; and to
repeal sections 3301.28, 3301.68, 3302.032, 3302.036, 3302.042,
3302.06, 3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066,
3302.067, 3302.068, 3313.484, 3313.487, 3313.488, 3313.489,
3313.4810, 3313.615, 3313.85, 3314.25, 3314.354, 3316.041, 3318.60,
3318.61, 3318.62, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11,
3328.12, 3328.13, 3328.14, 3328.15, 3328.16, 3328.17, 3328.18,
3328.19, 3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22,
3328.23, 3328.24, 3328.241, 3328.25, 3328.26, 3328.27, 3328.29,
3328.30, 3328.31, 3328.32, 3328.34, 3328.35, 3328.36, 3328.37,
3328.38, 3328.41, 3328.45, 3328.50, 3328.52, and 3328.99 of the
Revised Code regarding the operation of schools and the Department of
Education and Workforce, regarding appointments to the State Board of
Education, regarding age and schooling certificate requirements and
work hours for a person under sixteen years of age, and to eliminate
obsolete provisions of education law.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 109.57, 109.803, 124.011, 133.06, 135.142, 135.143, 149.41,
2151.354, 2152.19, 2915.092, 2919.24, 2921.44, 3301.01, 3301.02,
3301.03, 3301.07, 3301.079, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3301.0715, 3301.0716, 3301.0730, 3301.111, 3301.12,
3301.133, 3301.45, 3301.52, 3301.85, 3302.01, 3302.02, 3302.021,
3302.03, 3302.034, 3302.035, 3302.04, 3302.05, 3302.07, 3302.10,
3302.12, 3302.13, 3302.151, 3302.17, 3302.21, 3302.41, 3307.01,
3309.01, 3309.011, 3310.03, 3310.14, 3310.522, 3311.242, 3311.741,
3311.80, 3313.11, 3313.411, 3313.413, 3313.483, 3313.603, 3313.6026,
3313.6028, 3313.61, 3313.611, 3313.612, 3313.614, 3313.618,
3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64,
3313.661, 3313.663, 3313.664, 3313.6611, 3313.7112, 3313.7118,
3313.753, 3313.814, 3313.902, 3314.016, 3314.017, 3314.02, 3314.031,
3314.034, 3314.35, 3314.351, 3314.353, 3314.362, 3315.42, 3316.03,
3316.04, 3316.06, 3316.14, 3317.02, 3317.023, 3317.03, 3317.18,
3317.25, 3319.2310, 3319.31, 3319.311, 3319.319, 3319.39, 3319.393,
3320.02, 3320.03, 3325.08, 3326.11, 3327.014, 3331.02, 3333.041,
3333.048, 3333.301, 3345.061, 3365.01, 3365.032, 3365.07, 3728.01,
3737.07, 3781.106, 3792.04, 4109.07, 4117.01, 4723.483, 4723.4811,
4729.01, 4729.513, 4729.541, 4730.433, 4730.437, 4731.92, 4731.96,
5104.53, 5502.262, 5705.212, 5705.213, 5753.11, and 6109.121 be
amended and new section 3314.25 and sections 3314.252
and
3319.265 of the Revised Code be enacted to read as follows:
Sec.
109.57.
(A)(1)
The superintendent of the bureau of criminal identification and
investigation shall procure from wherever procurable and file for
record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of all
persons who have been convicted of committing within this state a
felony, any crime constituting a misdemeanor on the first offense and
a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code, of all children under eighteen years of age who have
been adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if committed
by an adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence, and
of all well-known and habitual criminals. The person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution and the person in charge of any state
institution having custody of a person suspected of having committed
a felony, any crime constituting a misdemeanor on the first offense
and a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code or having custody of a child under eighteen years of age
with respect to whom there is probable cause to believe that the
child may have committed an act that would be a felony or an offense
of violence if committed by an adult shall furnish such material to
the superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this division,
if committed by an adult, has not been adjudicated a delinquent child
for committing an act that would be a felony or an offense of
violence if committed by an adult, has not been convicted of or
pleaded guilty to committing a felony or an offense of violence, and
is not a child with respect to whom there is probable cause to
believe that the child may have committed an act that would be a
felony or an offense of violence if committed by an adult shall not
be procured by the superintendent or furnished by any person in
charge of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution, except as authorized in section 2151.313 of
the Revised Code.
(2)
Every clerk of a court of record in this state, other than the
supreme court or a court of appeals, shall send to the superintendent
of the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a misdemeanor on
the first offense and a felony on subsequent offenses, involving a
misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a)
of section 109.572 of the Revised Code, or involving an adjudication
in a case in which a child under eighteen years of age was alleged to
be a delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult. The clerk of the
court of common pleas shall include in the report and summary the
clerk sends under this division all information described in
divisions (A)(2)(a) to (f) of this section regarding a case before
the court of appeals that is served by that clerk. The summary shall
be written on the standard forms furnished by the superintendent
pursuant to division (B) of this section and shall include the
following information:
(a)
The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b)
The style and number of the case;
(c)
The date of arrest, offense, summons, or arraignment;
(d)
The date that the person was convicted of or pleaded guilty to the
offense, adjudicated a delinquent child for committing the act that
would be a felony or an offense of violence if committed by an adult,
found not guilty of the offense, or found not to be a delinquent
child for committing an act that would be a felony or an offense of
violence if committed by an adult, the date of an entry dismissing
the charge, an entry declaring a mistrial of the offense in which the
person is discharged, an entry finding that the person or child is
not competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution of
the case;
(e)
A statement of the original charge with the section of the Revised
Code that was alleged to be violated;
(f)
If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or terms of probation
imposed or any other disposition of the offender or the delinquent
child.
If
the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall clearly
state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's
records.
(3)
The superintendent shall cooperate with and assist sheriffs, chiefs
of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent offenses,
or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or
(A)(6)(a) of section 109.572 of the Revised Code and of all children
under eighteen years of age arrested or otherwise taken into custody
for committing an act that would be a felony or an offense of
violence if committed by an adult. The superintendent also shall file
for record the fingerprint impressions of all persons confined in a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution for the violation of state laws and of all
children under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for committing
an act that would be a felony or an offense of violence if committed
by an adult, and any other information that the superintendent may
receive from law enforcement officials of the state and its political
subdivisions.
(4)
The superintendent shall carry out Chapter 2950. of the Revised Code
with respect to the registration of persons who are convicted of or
plead guilty to a sexually oriented offense or a child-victim
oriented offense and with respect to all other duties imposed on the
bureau under that chapter.
(5)
The bureau shall perform centralized recordkeeping functions for
criminal history records and services in this state for purposes of
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code and is the criminal history
record repository as defined in that section for purposes of that
compact. The superintendent or the superintendent's designee is the
compact officer for purposes of that compact and shall carry out the
responsibilities of the compact officer specified in that compact.
(6)
The superintendent shall, upon request, assist a county coroner in
the identification of a deceased person through the use of
fingerprint impressions obtained pursuant to division (A)(1) of this
section or collected pursuant to section 109.572 or 311.41 of the
Revised Code.
(B)
The superintendent shall prepare and furnish to every county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution and to every clerk of a court in this state specified in
division (A)(2) of this section standard forms for reporting the
information required under division (A) of this section. The standard
forms that the superintendent prepares pursuant to this division may
be in a tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1)
The superintendent may operate a center for electronic, automated, or
other data processing for the storage and retrieval of information,
data, and statistics pertaining to criminals and to children under
eighteen years of age who are adjudicated delinquent children for
committing an act that would be a felony or an offense of violence if
committed by an adult, criminal activity, crime prevention, law
enforcement, and criminal justice, and may establish and operate a
statewide communications network to be known as the Ohio law
enforcement gateway to gather and disseminate information, data, and
statistics for the use of law enforcement agencies and for other uses
specified in this division. The superintendent may gather, store,
retrieve, and disseminate information, data, and statistics that
pertain to children who are under eighteen years of age and that are
gathered pursuant to sections 109.57 to 109.61 of the Revised Code
together with information, data, and statistics that pertain to
adults and that are gathered pursuant to those sections.
(2)
The superintendent or the superintendent's designee shall gather
information of the nature described in division (C)(1) of this
section that pertains to the offense and delinquency history of a
person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the state
registry of sex offenders and child-victim offenders maintained
pursuant to division (A)(1) of section 2950.13 of the Revised Code
and in the internet database operated pursuant to division (A)(13) of
that section and for possible inclusion in the internet database
operated pursuant to division (A)(11) of that section.
(3)
In addition to any other authorized use of information, data, and
statistics of the nature described in division (C)(1) of this
section, the superintendent or the superintendent's designee may
provide and exchange the information, data, and statistics pursuant
to the national crime prevention and privacy compact as described in
division (A)(5) of this section.
(4)
The Ohio law enforcement gateway shall contain the name, confidential
address, and telephone number of program participants in the address
confidentiality program established under sections 111.41 to 111.47
of the Revised Code.
(5)
The attorney general may adopt rules under Chapter 119. of the
Revised Code establishing guidelines for the operation of and
participation in the Ohio law enforcement gateway. The rules may
include criteria for granting and restricting access to information
gathered and disseminated through the Ohio law enforcement gateway.
The attorney general shall adopt rules under Chapter 119. of the
Revised Code that grant access to information in the gateway
regarding an address confidentiality program participant under
sections 111.41 to 111.47 of the Revised Code to only chiefs of
police, village marshals, county sheriffs, county prosecuting
attorneys, and a designee of each of these individuals. The attorney
general shall permit an office of a county coroner, the state medical
board, and board of nursing to access and view, but not alter,
information gathered and disseminated through the Ohio law
enforcement gateway.
The
attorney general may appoint a steering committee to advise the
attorney general in the operation of the Ohio law enforcement gateway
that is comprised of persons who are representatives of the criminal
justice agencies in this state that use the Ohio law enforcement
gateway and is chaired by the superintendent or the superintendent's
designee.
(D)(1)
The following are not public records under section 149.43 of the
Revised Code:
(a)
Information and materials furnished to the superintendent pursuant to
division (A) of this section;
(b)
Information, data, and statistics gathered or disseminated through
the Ohio law enforcement gateway pursuant to division (C)(1) of this
section;
(c)
Information and materials furnished to any board or person under
division (F) or (G) of this section.
(2)
The superintendent or the superintendent's designee shall gather and
retain information so furnished under division (A) of this section
that pertains to the offense and delinquency history of a person who
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing a sexually oriented offense or a
child-victim oriented offense for the purposes described in division
(C)(2) of this section.
(E)(1)
The attorney general shall adopt rules, in accordance with Chapter
119. of the Revised Code and subject to division (E)(2) of this
section, setting forth the procedure by which a person may receive or
release information gathered by the superintendent pursuant to
division (A) of this section. A reasonable fee may be charged for
this service. If a temporary employment service submits a request for
a determination of whether a person the service plans to refer to an
employment position has been convicted of or pleaded guilty to an
offense listed or described in division (A)(1), (2), or (3) of
section 109.572 of the Revised Code, the request shall be treated as
a single request and only one fee shall be charged.
(2)
Except as otherwise provided in this division or division (E)(3) or
(4) of this section, a rule adopted under division (E)(1) of this
section may provide only for the release of information gathered
pursuant to division (A) of this section that relates to the
conviction of a person, or a person's plea of guilty to, a criminal
offense or to the arrest of a person as provided in division (E)(3)
of this section. The superintendent shall not release, and the
attorney general shall not adopt any rule under division (E)(1) of
this section that permits the release of, any information gathered
pursuant to division (A) of this section that relates to an
adjudication of a child as a delinquent child, or that relates to a
criminal conviction of a person under eighteen years of age if the
person's case was transferred back to a juvenile court under division
(B)(2) or (3) of section 2152.121 of the Revised Code and the
juvenile court imposed a disposition or serious youthful offender
disposition upon the person under either division, unless either of
the following applies with respect to the adjudication or conviction:
(a)
The adjudication or conviction was for a violation of section 2903.01
or 2903.02 of the Revised Code.
(b)
The adjudication or conviction was for a sexually oriented offense,
the juvenile court was required to classify the child a juvenile
offender registrant for that offense under section 2152.82, 2152.83,
or 2152.86 of the Revised Code, that classification has not been
removed, and the records of the adjudication or conviction have not
been sealed or expunged pursuant to sections 2151.355 to 2151.358 or
sealed or expunged pursuant to section 2953.32 of the Revised Code.
(3)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to the arrest of a person who is eighteen years
of age or older when the person has not been convicted as a result of
that arrest if any of the following applies:
(a)
The arrest was made outside of this state.
(b)
A criminal action resulting from the arrest is pending, and the
superintendent confirms that the criminal action has not been
resolved at the time the criminal records check is performed.
(c)
The bureau cannot reasonably determine whether a criminal action
resulting from the arrest is pending, and not more than one year has
elapsed since the date of the arrest.
(4)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to an adjudication of a child as a delinquent
child if not more than five years have elapsed since the date of the
adjudication, the adjudication was for an act that would have been a
felony if committed by an adult, the records of the adjudication have
not been sealed or expunged pursuant to sections 2151.355 to 2151.358
of the Revised Code, and the request for information is made under
division (F) of this section or under section 109.572 of the Revised
Code. In the case of an adjudication for a violation of the terms of
community control or supervised release, the five-year period shall
be calculated from the date of the adjudication to which the
community control or supervised release pertains.
(F)(1)
As used in division (F)(2) of this section, "head start agency"
means an entity in this state that has been approved to be an agency
for purposes of subchapter II of the "Community Economic
Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as
amended.
(2)(a)
In addition to or in conjunction with any request that is required to
be made under section 109.572, 2151.86, 3301.32, 3301.541, division
(C) of section 3310.58, or section 3319.39, 3319.391, 3327.10,
3740.11, 5103.053, 5104.013, 5123.081, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392,
or
3326.25
,
or 3328.20
of the Revised Code, the board of education of any school district;
the director of developmental disabilities; any county board of
developmental disabilities; any provider or subcontractor as defined
in section 5123.081 of the Revised Code; the chief administrator of
any chartered nonpublic school; the chief administrator of a
registered private provider that is not also a chartered nonpublic
school; the chief administrator of any home health agency; the chief
administrator of or person operating any child care center, type A
family child care home, or type B family child care home licensed
under Chapter 5104. of the Revised Code; the chief administrator of
or person operating any authorized private before and after school
care program; the chief administrator of any head start agency; the
executive director of a public children services agency; the operator
of a residential facility, as defined in section 2151.46 of the
Revised Code; a private company described in section 3314.41,
3319.392,
or
3326.25
,
or 3328.20
of the Revised Code; or an employer described in division (J)(2) of
section 3327.10 of the Revised Code may request that the
superintendent of the bureau investigate and determine, with respect
to any individual who has applied for employment in any position
after October 2, 1989, or any individual wishing to apply for
employment with a board of education may request, with regard to the
individual, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual. On
receipt of the request, subject to division (E)(2) of this section,
the superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. The superintendent or the superintendent's designee also
may request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date that the superintendent receives a request,
subject to division (E)(2) of this section, the superintendent shall
send to the board, entity, or person a report of any information that
the superintendent determines exists, including information contained
in records that have been sealed under section 2953.32 of the Revised
Code, and, within thirty days of its receipt, subject to division
(E)(2) of this section, shall send the board, entity, or person a
report of any information received from the federal bureau of
investigation, other than information the dissemination of which is
prohibited by federal law.
(b)
When a board of education or a registered private provider is
required to receive information under this section as a prerequisite
to employment of an individual pursuant to division (C) of section
3310.58 or section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued by the bureau of criminal
identification and investigation and that are presented by an
individual applying for employment with the district in lieu of
requesting that information itself. In such a case, the board shall
accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application
documents and shall return the certified copy to the individual. In a
case of that nature, a district or provider only shall accept a
certified copy of records of that nature within one year after the
date of their issuance by the bureau.
(c)
Notwithstanding division (F)(2)(a) of this section, in the case of a
request under section 3319.39, 3319.391, or 3327.10 of the Revised
Code only for criminal records maintained by the federal bureau of
investigation, the superintendent shall not determine whether any
information gathered under division (A) of this section exists on the
person for whom the request is made.
(3)
The state board of education or the department of education and
workforce may request, with respect to any individual who has applied
for employment after October 2, 1989, in any position with the state
board or the department of education and workforce, any information
that a school district board of education is authorized to request
under division (F)(2) of this section, and the superintendent of the
bureau shall proceed as if the request has been received from a
school district board of education under division (F)(2) of this
section.
(4)
When the superintendent of the bureau receives a request for
information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received from
a school district board of education and shall comply with divisions
(F)(2)(a) and (c) of this section.
(G)
In addition to or in conjunction with any request that is required to
be made under section 3712.09, 3721.121, or 3740.11 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult or
adult resident, the chief administrator of a home health agency,
hospice care program, home licensed under Chapter 3721. of the
Revised Code, or adult day-care program operated pursuant to rules
adopted under section 3721.04 of the Revised Code may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied after January 27, 1997, for
employment in a position that does not involve providing direct care
to an older adult or adult resident, whether the bureau has any
information gathered under division (A) of this section that pertains
to that individual.
In
addition to or in conjunction with any request that is required to be
made under section 173.27 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing ombudsman services to residents of long-term care
facilities or recipients of community-based long-term care services,
the state long-term care ombudsman, the director of aging, a regional
long-term care ombudsman program, or the designee of the ombudsman,
director, or program may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that does not involve providing such
ombudsman services, whether the bureau has any information gathered
under division (A) of this section that pertains to that applicant.
In
addition to or in conjunction with any request that is required to be
made under section 173.38 of the Revised Code with respect to an
individual who has applied for employment in a direct-care position,
the chief administrator of a provider, as defined in section 173.39
of the Revised Code, may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that is not a direct-care position, whether
the bureau has any information gathered under division (A) of this
section that pertains to that applicant.
In
addition to or in conjunction with any request that is required to be
made under section 3712.09 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing direct care to a pediatric respite care patient, the chief
administrator of a pediatric respite care program may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care to a pediatric
respite care patient, whether the bureau has any information gathered
under division (A) of this section that pertains to that individual.
On
receipt of a request under this division, the superintendent shall
determine whether that information exists and, on request of the
individual requesting information, shall also request from the
federal bureau of investigation any criminal records it has
pertaining to the applicant. The superintendent or the
superintendent's designee also may request criminal history records
from other states or the federal government pursuant to the national
crime prevention and privacy compact set forth in section 109.571 of
the Revised Code. Within thirty days of the date a request is
received, subject to division (E)(2) of this section, the
superintendent shall send to the requester a report of any
information determined to exist, including information contained in
records that have been sealed under section 2953.32 of the Revised
Code, and, within thirty days of its receipt, shall send the
requester a report of any information received from the federal
bureau of investigation, other than information the dissemination of
which is prohibited by federal law.
(H)
Information obtained by a government entity or person under this
section is confidential and shall not be released or disseminated.
(I)
The superintendent may charge a reasonable fee for providing
information or criminal records under division (F)(2) or (G) of this
section.
(J)
As used in this section:
(1)
"Pediatric respite care program" and "pediatric care
patient" have the same meanings as in section 3712.01 of the
Revised Code.
(2)
"Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(3)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.
Sec.
109.803.
(A)(1)
Subject to divisions (A)(2) and (B) of this section, every appointing
authority shall require each of its appointed peace officers and
troopers to complete twenty-four hours of continuing professional
training each calendar year. Twenty-four hours is intended to be a
minimum requirement, and appointing authorities are encouraged to
exceed the twenty-four hour minimum. A minimum of twenty-four hours
of continuing professional training shall be reimbursed each calendar
year and a maximum of forty hours of continuing professional training
may be reimbursed each calendar year.
(2)
An appointing authority may submit a written request to the peace
officer training commission that requests for a calendar year because
of emergency circumstances an extension of the time within which one
or more of its appointed peace officers or troopers must complete the
required minimum number of hours of continuing professional training
set by the commission, as described in division (A)(1) of this
section. A request made under this division shall set forth the name
of each of the appointing authority's peace officers or troopers for
whom an extension is requested, identify the emergency circumstances
related to that peace officer or trooper, include documentation of
those emergency circumstances, and set forth the date on which the
request is submitted to the commission. A request shall be made under
this division not later than the fifteenth day of December in the
calendar year for which the extension is requested.
Upon
receipt of a written request made under this division, the executive
director of the commission shall review the request and the submitted
documentation. If the executive director of the commission is
satisfied that emergency circumstances exist for any peace officer or
trooper for whom a request was made under this division, the
executive director may approve the request for that peace officer or
trooper and grant an extension of the time within which that peace
officer or trooper must complete the required minimum number of hours
of continuing professional training set by the commission. An
extension granted under this division may be for any period of time
the executive director believes to be appropriate, and the executive
director shall specify in the notice granting the extension the date
on which the extension ends. Not later than thirty days after the
date on which a request is submitted to the commission, for each
peace officer and trooper for whom an extension is requested, the
executive director either shall approve the request and grant an
extension or deny the request and deny an extension and shall send to
the appointing authority that submitted the request written notice of
the executive director's decision.
If
the executive director grants an extension of the time within which a
particular appointed peace officer or trooper of an appointing
authority must complete the required minimum number of hours of
continuing professional training set by the commission, the
appointing authority shall require that peace officer or trooper to
complete the required minimum number of hours of training not later
than the date on which the extension ends.
(B)
With the advice of the Ohio peace officer training commission, the
attorney general shall adopt in accordance with Chapter 119. of the
Revised Code rules setting forth minimum standards for continuing
professional training for peace officers and troopers and governing
the administration of continuing professional training programs for
peace officers and troopers. The rules adopted by the attorney
general under division (B) of this section shall do all of the
following:
(1)
Allow peace officers and troopers to earn credit for up to four hours
of continuing professional training for time spent while on duty
providing drug use prevention education training that utilizes
evidence-based curricula to students in school districts, community
schools established under Chapter 3314.,
and
STEM
schools established under Chapter 3326.
,
and college-preparatory boarding schools established under Chapter
3328.
of the Revised Code.
(2)
Allow a peace officer or trooper appointed by a law enforcement
agency to earn hours of continuing professional training for other
peace officers or troopers appointed by the law enforcement agency by
providing drug use prevention education training under division
(B)(1) of this section so that hours earned by the peace officer or
trooper providing the training in excess of four hours may be applied
to offset the number of continuing professional training hours
required of another peace officer or trooper appointed by that law
enforcement agency.
(3)
Prohibit the use of continuing professional training hours earned
under division (B)(1) or (2) of this section from being used to
offset any mandatory hands-on training requirement.
(4)
Require a peace officer to complete training on proper interactions
with civilians during traffic stops and other in-person encounters,
which training shall have an online offering and shall include all of
the following topics:
(a)
A person's rights during an interaction with a peace officer,
including all of the following:
(i)
When a peace officer may require a person to exit a vehicle;
(ii)
Constitutional protections from illegal search and seizure;
(iii)
The rights of a passenger in a vehicle who has been pulled over for a
traffic stop;
(iv)
The right for a citizen to record an encounter with a peace officer.
(b)
Proper actions for interacting with a civilian and methods for
diffusing a stressful encounter with a civilian;
(c)
Laws regarding questioning and detention by peace officers, including
any law requiring a person to present proof of identity to a peace
officer, and the consequences for a person's or officer's failure to
comply with those laws;
(d)
Any other requirements and procedures necessary for the proper
implementation of this section.
(C)
The attorney general shall transmit a certified copy of any rule
adopted under this section to the secretary of state.
(D)
As used in this section:
(1)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code.
(2)
"Trooper" means an individual appointed as a state highway
patrol trooper under section 5503.01 of the Revised Code.
(3)
"Appointing authority" means any agency or entity that
appoints a peace officer or trooper.
Sec.
124.011.
(A)
When the territory of a city school district is not located in more
than one city, the civil service commission of the city in which the
district has territory shall serve as the commission for the school
district. When the territory of a city school district is located in
more than one city, the commission of the city that shall serve as
the commission for the school district shall be the commission of the
city that is the residence of the greatest number of the pupils of
the district.
(B)
If the commission determined under division (A) of this section is
not the commission of the city that served the district on the
effective date of this section, the legislative authority of the city
whose commission acted on such date may, on request of the board of
education, authorize its commission to continue to serve the district
and, if so authorized, the commission shall continue to serve the
district.
(C)
If due to a change in population or school district territory or any
other reason the commission of the city determined under division (A)
of this section changes, the legislative authority of the city whose
commission served the district prior to the change may, on request of
the board of education, authorize its commission to continue to serve
the district, and if so authorized, the commission shall continue to
serve the district.
(D)
Notwithstanding anything to the contrary in the Revised Code, a city
school district and city may enter into a written agreement that the
city school district shall not be subject, in whole or in part, to
the jurisdiction of the city's civil service commission.
Sec.
133.06.
(A)
A school district shall not incur, without a vote of the electors,
net indebtedness that exceeds an amount equal to one-tenth of one per
cent of its tax valuation, except as provided in divisions (G) and
(H) of this section and in division (D) of section 3313.372 of the
Revised Code, or as prescribed in section 3318.052 or 3318.44 of the
Revised Code, or as provided in division (J) of this section.
(B)
Except as provided in divisions (E), (F), and (I) of this section, a
school district shall not incur net indebtedness that exceeds an
amount equal to nine per cent of its tax valuation.
(C)
A school district shall not submit to a vote of the electors the
question of the issuance of securities in an amount that will make
the district's net indebtedness after the issuance of the securities
exceed an amount equal to four per cent of its tax valuation, unless
the director of education and workforce, acting under policies
adopted by the department of education and workforce, and the tax
commissioner, acting under written policies of the commissioner,
consent to the submission. A request for the consents shall be made
at least one hundred twenty days prior to the election at which the
question is to be submitted.
The
director of education and workforce shall certify to the district the
director's and the tax commissioner's decisions within thirty days
after receipt of the request for consents.
If
the electors do not approve the issuance of securities at the
election for which the director of education and workforce and tax
commissioner consented to the submission of the question, the school
district may submit the same question to the electors on the date
that the next special election may be held under section 3501.01 of
the Revised Code without submitting a new request for consent. If the
school district seeks to submit the same question at any other
subsequent election, the district shall first submit a new request
for consent in accordance with this division.
(D)
In calculating the net indebtedness of a school district, none of the
following shall be considered:
(1)
Securities issued to acquire school buses and other equipment used in
transporting pupils or issued pursuant to division (D) of section
133.10 of the Revised Code;
(2)
Securities issued under division (F) of this section and, to the
extent in excess of the limitation stated in division (B) of this
section, under division (E) of this section;
(3)
Indebtedness resulting from the dissolution of a joint vocational
school district under section 3311.217 of the Revised Code, evidenced
by outstanding securities of that joint vocational school district;
(4)
Loans, evidenced by any securities, received under sections
3313.483,
3317.0210
,
and 3317.0211 of the Revised Code;
(5)
Debt incurred under section 3313.374 of the Revised Code;
(6)
Debt incurred pursuant to division (B)(4) of section 3313.37 of the
Revised Code to acquire computers and related hardware;
(7)
Debt incurred under section 3318.042 of the Revised Code;
(8)
Debt incurred under section 5705.2112 or 5705.2113 of the Revised
Code by the fiscal board of a qualifying partnership of which the
school district is a participating school district.
(E)
A school district may become a special needs district as to certain
securities as provided in division (E) of this section.
(1)
A board of education, by resolution, may declare its school district
to be a special needs district by determining both of the following:
(a)
The student population is not being adequately serviced by the
existing permanent improvements of the district.
(b)
The district cannot obtain sufficient funds by the issuance of
securities within the limitation of division (B) of this section to
provide additional or improved needed permanent improvements in time
to meet the needs.
(2)
The board of education shall certify a copy of that resolution to the
director of education and workforce with a statistical report showing
all of the following:
(a)
The history of and a projection of the growth of the tax valuation;
(b)
The projected needs;
(c)
The estimated cost of permanent improvements proposed to meet such
projected needs.
(3)
The director of education and workforce shall certify the district as
an approved special needs district if the director finds both of the
following:
(a)
The district does not have available sufficient additional funds from
state or federal sources to meet the projected needs.
(b)
The projection of the potential average growth of tax valuation
during the next five years, according to the information certified to
the director and any other information the director obtains,
indicates a likelihood of potential average growth of tax valuation
of the district during the next five years of an average of not less
than one and one-half per cent per year. The findings and
certification of the director shall be conclusive.
(4)
An approved special needs district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in an amount that does not exceed an amount equal to the
greater of the following:
(a)
Twelve per cent of the sum of its tax valuation plus an amount that
is the product of multiplying that tax valuation by the percentage by
which the tax valuation has increased over the tax valuation on the
first day of the sixtieth month preceding the month in which its
board determines to submit to the electors the question of issuing
the proposed securities;
(b)
Twelve per cent of the sum of its tax valuation plus an amount that
is the product of multiplying that tax valuation by the percentage,
determined by the director of education and workforce, by which that
tax valuation is projected to increase during the next ten years.
(F)
A school district may issue securities for emergency purposes, in a
principal amount that does not exceed an amount equal to three per
cent of its tax valuation, as provided in this division.
(1)
A board of education, by resolution, may declare an emergency if it
determines both of the following:
(a)
School buildings or other necessary school facilities in the district
have been wholly or partially destroyed, or condemned by a
constituted public authority, or that such buildings or facilities
are partially constructed, or so constructed or planned as to require
additions and improvements to them before the buildings or facilities
are usable for their intended purpose, or that corrections to
permanent improvements are necessary to remove or prevent health or
safety hazards.
(b)
Existing fiscal and net indebtedness limitations make adequate
replacement, additions, or improvements impossible.
(2)
Upon the declaration of an emergency, the board of education may, by
resolution, submit to the electors of the district pursuant to
section 133.18 of the Revised Code the question of issuing securities
for the purpose of paying the cost, in excess of any insurance or
condemnation proceeds received by the district, of permanent
improvements to respond to the emergency need.
(3)
The procedures for the election shall be as provided in section
133.18 of the Revised Code, except that:
(a)
The form of the ballot shall describe the emergency existing, refer
to this division as the authority under which the emergency is
declared, and state that the amount of the proposed securities
exceeds the limitations prescribed by division (B) of this section;
(b)
The resolution required by division (B) of section 133.18 of the
Revised Code shall be certified to the county auditor and the board
of elections at least one hundred days prior to the election;
(c)
The county auditor shall advise and, not later than ninety-five days
before the election, confirm that advice by certification to, the
board of education of the information required by division (C) of
section 133.18 of the Revised Code;
(d)
The board of education shall then certify its resolution and the
information required by division (D) of section 133.18 of the Revised
Code to the board of elections not less than ninety days prior to the
election.
(4)
Notwithstanding division (B) of section 133.21 of the Revised Code,
the first principal payment of securities issued under this division
may be set at any date not later than sixty months after the earliest
possible principal payment otherwise provided for in that division.
(G)(1)
The board of education may contract with an architect, professional
engineer, or other person experienced in the design and
implementation of energy conservation measures for an analysis and
recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce energy
consumption in buildings owned by the district. The report shall
include estimates of all costs of such installations, modifications,
or remodeling, including costs of design, engineering, installation,
maintenance, repairs, measurement and verification of energy savings,
and debt service, forgone residual value of materials or equipment
replaced by the energy conservation measure, as defined by the Ohio
facilities construction commission, a baseline analysis of actual
energy consumption data for the preceding three years with the
utility baseline based on only the actual energy consumption data for
the preceding twelve months, and estimates of the amounts by which
energy consumption and resultant operational and maintenance costs,
as defined by the commission, would be reduced.
If
the board finds after receiving the report that the amount of money
the district would spend on such installations, modifications, or
remodeling is not likely to exceed the amount of money it would save
in energy and resultant operational and maintenance costs over the
ensuing fifteen years, the board may submit to the commission a copy
of its findings and a request for approval to incur indebtedness to
finance the making or modification of installations or the remodeling
of buildings for the purpose of significantly reducing energy
consumption.
The
facilities construction commission, in consultation with the auditor
of state, may deny a request under division (G)(1) of this section by
the board of education of any school district that is in a state of
fiscal watch pursuant to division (A) of section 3316.03 of the
Revised Code, if it determines that the expenditure of funds is not
in the best interest of the school district.
No
district board of education of a school district that is in a state
of fiscal emergency pursuant to division (B) of section 3316.03 of
the Revised Code shall submit a request without submitting evidence
that the installations, modifications, or remodeling have been
approved by the district's financial planning and supervision
commission established under section 3316.05 of the Revised Code.
No
board of education of a school district for which an academic
distress commission has been established under section 3302.10 of the
Revised Code shall submit a request without first receiving approval
to incur indebtedness from the district's academic distress
commission established under that section, for so long as such
commission continues to be required for the district.
(2)
The board of education may contract with a person experienced in the
implementation of student transportation to produce a report that
includes an analysis of and recommendations for the use of
alternative fuel vehicles by school districts. The report shall
include cost estimates detailing the return on investment over the
life of the alternative fuel vehicles and environmental impact of
alternative fuel vehicles. The report also shall include estimates of
all costs associated with alternative fuel transportation, including
facility modifications and vehicle purchase costs or conversion
costs.
If
the board finds after receiving the report that the amount of money
the district would spend on purchasing alternative fuel vehicles or
vehicle conversion is not likely to exceed the amount of money it
would save in fuel and resultant operational and maintenance costs
over the ensuing five years, the board may submit to the commission a
copy of its findings and a request for approval to incur indebtedness
to finance the purchase of new alternative fuel vehicles or vehicle
conversions for the purpose of reducing fuel costs.
The
facilities construction commission, in consultation with the auditor
of state, may deny a request under division (G)(2) of this section by
the board of education of any school district that is in a state of
fiscal watch pursuant to division (A) of section 3316.03 of the
Revised Code, if it determines that the expenditure of funds is not
in the best interest of the school district.
No
district board of education of a school district that is in a state
of fiscal emergency pursuant to division (B) of section 3316.03 of
the Revised Code shall submit a request without submitting evidence
that the purchase or conversion of alternative fuel vehicles has been
approved by the district's financial planning and supervision
commission established under section 3316.05 of the Revised Code.
No
board of education of a school district for which an academic
distress commission has been established under section 3302.10 of the
Revised Code shall submit a request without first receiving approval
to incur indebtedness from the district's academic distress
commission established under that section, for so long as such
commission continues to be required for the district.
(3)
The facilities construction commission shall approve the board's
request provided that the following conditions are satisfied:
(a)
The commission determines that the board's findings are reasonable.
(b)
The request for approval is complete.
(c)
If the request was submitted under division (G)(1) of this section,
the installations, modifications, or remodeling are consistent with
any project to construct or acquire classroom facilities, or to
reconstruct or make additions to existing classroom facilities under
sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the
Revised Code.
Upon
receipt of the commission's approval, the district may issue
securities without a vote of the electors in a principal amount not
to exceed nine-tenths of one per cent of its tax valuation for the
purpose specified in division (G)(1) or (2) of this section, but the
total net indebtedness of the district without a vote of the electors
incurred under this and all other sections of the Revised Code,
except section 3318.052 of the Revised Code, shall not exceed one per
cent of the district's tax valuation.
(4)(a)
So long as any securities issued under division (G)(1) of this
section remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs of
buildings in which installations or modifications have been made or
remodeling has been done pursuant to that division. Except as
provided in division (G)(4)(b) of this section, the board shall
maintain and annually update a report in a form and manner prescribed
by the facilities construction commission documenting the reductions
in energy consumption and resultant operational and maintenance cost
savings attributable to such installations, modifications, or
remodeling. The resultant operational and maintenance cost savings
shall be certified by the school district treasurer. The report shall
be submitted annually to the commission.
(b)
If the facilities construction commission verifies that the certified
annual reports submitted to the commission by a board of education
under division (G)(4)(a) of this section fulfill the guarantee
required under division (B) of section 3313.372 of the Revised Code
for three consecutive years, the board of education shall no longer
be subject to the annual reporting requirements of division (G)(4)(a)
of this section.
(5)
So long as any securities issued under division (G)(2) of this
section remain outstanding, the board of education shall monitor the
purchase of new alternative fuel vehicles or vehicle conversions
pursuant to that division. The board shall maintain and annually
update a report in a form and manner prescribed by the facilities
construction commission documenting the purchase of new alternative
fuel vehicles or vehicle conversions, the associated environmental
impact, and return on investment. The resultant fuel and operational
and maintenance cost savings shall be certified by the school
district treasurer. The report shall be submitted annually to the
commission.
(H)
With the consent of the director of education and workforce, a school
district may incur without a vote of the electors net indebtedness
that exceeds the amounts stated in divisions (A) and (G) of this
section for the purpose of paying costs of permanent improvements, if
and to the extent that both of the following conditions are
satisfied:
(1)
The fiscal officer of the school district estimates that receipts of
the school district from payments made under or pursuant to
agreements entered into pursuant to section 725.02, 1728.10,
3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.45, 5709.57,
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the
Revised Code, or distributions under division (C) of section 5709.43
or division (B) of section 5709.47 of the Revised Code, or any
combination thereof, are, after accounting for any appropriate
coverage requirements, sufficient in time and amount, and are
committed by the proceedings, to pay the debt charges on the
securities issued to evidence that indebtedness and payable from
those receipts, and the taxing authority of the district confirms the
fiscal officer's estimate, which confirmation is approved by the
director of education and workforce;
(2)
The fiscal officer of the school district certifies, and the taxing
authority of the district confirms, that the district, at the time of
the certification and confirmation, reasonably expects to have
sufficient revenue available for the purpose of operating such
permanent improvements for their intended purpose upon acquisition or
completion thereof, and the director of education and workforce
approves the taxing authority's confirmation.
The
maximum maturity of securities issued under division (H) of this
section shall be the lesser of twenty years or the maximum maturity
calculated under section 133.20 of the Revised Code.
(I)
A school district may incur net indebtedness by the issuance of
securities in accordance with the provisions of this chapter in
excess of the limit specified in division (B) or (C) of this section
when necessary to raise the school district portion of the basic
project cost and any additional funds necessary to participate in a
project under Chapter 3318. of the Revised Code, including the cost
of items designated by the facilities construction commission as
required locally funded initiatives, the cost of other locally funded
initiatives in an amount that does not exceed fifty per cent of the
district's portion of the basic project cost, and the cost for site
acquisition. A school district shall notify the director of education
and workforce whenever that district will exceed either limit
pursuant to this division.
(J)
A school district whose portion of the basic project cost of its
classroom facilities project under sections 3318.01 to 3318.20 of the
Revised Code is greater than or equal to one hundred million dollars
may incur without a vote of the electors net indebtedness in an
amount up to two per cent of its tax valuation through the issuance
of general obligation securities in order to generate all or part of
the amount of its portion of the basic project cost if the
controlling board has approved the facilities construction
commission's conditional approval of the project under section
3318.04 of the Revised Code. The school district board and the Ohio
facilities construction commission shall include the dedication of
the proceeds of such securities in the agreement entered into under
section 3318.08 of the Revised Code. No state moneys shall be
released for a project to which this section applies until the
proceeds of any bonds issued under this section that are dedicated
for the payment of the school district portion of the project are
first deposited into the school district's project construction fund.
Sec.
135.142.
(A)
In addition to the investments authorized by section 135.14 of the
Revised Code, any board of education, by a two-thirds vote of its
members, may authorize the treasurer of the board of education to
invest up to forty per cent of the interim moneys of the board,
available for investment at any one time, in either of the following:
(1)
Commercial paper notes issued by any entity that is defined in
division (K) of section 1706.01 of the Revised Code and has assets
exceeding five hundred million dollars, and to which notes all of the
following apply:
(a)
The notes are rated at the time of purchase in the highest
classification established by at least two nationally recognized
statistical rating organizations.
(b)
The aggregate value of the notes does not exceed ten per cent of the
aggregate value of the outstanding commercial paper of the issuing
corporation.
(c)
The notes mature no later than two hundred seventy days after
purchase.
(d)
The investment in commercial paper notes of a single issuer shall not
exceed in the aggregate five per cent of interim moneys of the board
available for investment at the time of purchase.
(2)
Bankers' acceptances of banks that are insured by the federal deposit
insurance corporation and that mature no later than one hundred
eighty days after purchase.
(B)
No investment authorized pursuant to division (A) of this section
shall be made, whether or not authorized by a board of education,
unless the treasurer of the board of education has completed
additional training for making the types of investments authorized
pursuant to division (A) of this section. The type and amount of such
training shall be approved and may be conducted by or provided under
the supervision of the treasurer of state.
(C)
The treasurer of the board of education shall prepare annually and
submit to the board of education
,
the director of education and workforce, and the auditor of state
,
on or before the thirty-first day of August, a report listing each
investment made pursuant to division (A) of this section during the
preceding fiscal year, income earned from such investments, fees and
commissions paid pursuant to division (D) of this section, and any
other information required by the board
,
the director,
and
the auditor of state
.
(D)
A board of education may make appropriations and expenditures for
fees and commissions in connection with investments made pursuant to
division (A) of this section.
(E)(1)
In addition to the investments authorized by section 135.14 of the
Revised Code and division (A) of this section, any board of education
that is a party to an agreement with the treasurer of state pursuant
to division (G) of section 135.143 of the Revised Code and that has
outstanding obligations issued under authority of section 133.10 of
the Revised Code may authorize the treasurer of the board of
education to invest interim moneys of the board in debt interests
rated in either of the two highest rating classifications by at least
two nationally recognized statistical rating organizations and issued
by entities that are defined in division (K) of section 1706.01 of
the Revised Code. The debt interests purchased under authority of
division (E) of this section shall mature not later than the latest
maturity date of the outstanding obligations issued under authority
of section 133.10 or 133.301 of the Revised Code.
(2)
If any of the debt interests acquired under division (E)(1) of this
section ceases to be rated as there required, its issuer shall notify
the treasurer of state of this fact within twenty-four hours. At any
time thereafter the treasurer of state may require collateralization
at the rate of one hundred two per cent of any remaining obligation
of the entity, with securities authorized for investment under
section 135.143 of the Revised Code. The collateral shall be
delivered to and held by a custodian acceptable to the treasurer of
state, marked to market daily, and any default to be cured within
twelve hours. Unlimited substitution shall be allowed of comparable
securities.
Sec.
135.143.
(A)
The treasurer of state may invest or execute transactions for any
part or all of the interim funds of the state in the following
classifications of obligations:
(1)
United States treasury bills, notes, bonds, or any other obligations
or securities issued by the United States treasury or any other
obligation guaranteed as to principal and interest by the United
States;
(2)
Bonds, notes, debentures, or any other obligations or securities
issued by any federal government agency or instrumentality;
(3)(a)
Bonds, notes, and other obligations of the state of Ohio, including,
but not limited to, any obligations issued by the treasurer of state,
the Ohio public facilities commission, the Ohio housing finance
agency, the Ohio water development authority, the Ohio turnpike
infrastructure commission, the Ohio higher educational facility
commission, and state institutions of higher education as defined in
section 3345.011 of the Revised Code;
(b)
Bonds, notes, and other obligations of any state or political
subdivision thereof rated in the three highest categories by at least
one nationally recognized statistical rating organization and
purchased through a registered securities broker or dealer, provided
the treasurer of state is not the sole purchaser of the bonds, notes,
or other obligations at original issuance.
(4)(a)
Written repurchase agreements with any eligible Ohio financial
institution that is a member of the federal reserve system or federal
home loan bank, any registered United States government securities
dealer, or any counterparty rated in one of the three highest
categories by at least one nationally recognized statistical rating
organization or otherwise determined by the treasurer of state to
have adequate capital and liquidity, under the terms of which
agreement the treasurer of state purchases and the eligible financial
institution, dealer, or counterparty agrees unconditionally to
repurchase any of the securities that are listed in division (A)(1),
(2), (3), (6), or (11) of this section. The market value of
securities subject to these transactions must exceed the principal
value of the repurchase agreement by an amount specified by the
treasurer of state, and the securities must be delivered into the
custody of the treasurer of state or the qualified trustee or agent
designated by the treasurer of state. The agreement shall contain the
requirement that for each transaction pursuant to the agreement, the
participating institution, dealer, or counterparty shall provide all
of the following information:
(i)
The par value of the securities;
(ii)
The type, rate, and maturity date of the securities;
(iii)
A numerical identifier generally accepted in the securities industry
that designates the securities.
(b)
The treasurer of state also may sell any securities, listed in
division (A)(1), (2), (6), or (11) of this section, regardless of
maturity or time of redemption of the securities, under the same
terms and conditions for repurchase, provided that the securities
have been fully paid for and are owned by the treasurer of state at
the time of the sale.
(c)
For purposes of division (A)(4) of this section, the treasurer of
state shall only buy or sell securities listed in division (A)(11) of
this section issued by entities that are organized under the laws of
this state, any other state, or the United States.
(5)
Securities lending agreements with any eligible financial institution
that is a member of the federal reserve system or federal home loan
bank or any recognized United States government securities dealer,
under the terms of which agreements the treasurer of state lends
securities and the eligible financial institution or dealer agrees to
simultaneously exchange similar securities or cash, equal value for
equal value.
Securities
and cash received as collateral for a securities lending agreement
are not interim funds of the state. The investment of cash collateral
received pursuant to a securities lending agreement may be invested
only in such instruments specified by the treasurer of state in
accordance with a written investment policy.
(6)
Various forms of commercial paper issued by any entity that is
organized under the laws of the United States or a state, which notes
are rated in the two highest categories by two nationally recognized
statistical rating organizations, provided that the total amount
invested under this section in any commercial paper at any time shall
not exceed forty per cent of the state's total average portfolio, as
determined and calculated by the treasurer of state;
(7)
Bankers acceptances, maturing in two hundred seventy days or less,
provided that the total amount invested in bankers acceptances at any
time shall not exceed ten per cent of the state's total average
portfolio, as determined and calculated by the treasurer of state;
(8)
Certificates of deposit, savings accounts, or deposit accounts in
eligible institutions applying for interim moneys as provided in
section 135.08 of the Revised Code, including linked deposits as
authorized under section 135.61 of the Revised Code. For interim
funds invested in accordance with division (A)(8) of this section,
the pledging requirements described in section 135.18, 135.181, or
135.182 of the Revised Code may be reduced by up to ten per cent in
accordance with rules adopted by the treasurer of state.
(9)
Negotiable certificates of deposit denominated in United States
dollars issued by a nationally or state-chartered bank, a savings
association or a federal savings association, a state or federal
credit union, or a federally licensed or state-licensed branch of a
foreign bank, which are rated in the two highest categories by two
nationally recognized statistical rating organizations, provided that
the total amount invested under this section in negotiable
certificates of deposit at any time shall not exceed twenty-five per
cent of the state's total average portfolio, as determined and
calculated by the treasurer of state. Interim funds invested in
accordance with division (A)(9) of this section are not limited to
institutions applying for interim moneys under section 135.08 of the
Revised Code, nor are they subject to any pledging requirements
described in sections 135.18, 135.181, or 135.182 of the Revised
Code.
(10)
The state treasurer's investment pool authorized under section 135.45
of the Revised Code;
(11)
Debt interests, other than commercial paper described in division
(A)(6) of this section, rated in the four highest categories by two
nationally recognized statistical rating organizations and issued by
entities that are organized under the laws of the United States or a
state, or issued by foreign nations diplomatically recognized by the
United States government, or any instrument based on, derived from,
or related to such interests, provided that:
(a)
The investments in debt interests other than commercial paper, when
added to the investment in written repurchase agreements for
securities listed in division (A)(3) or (11) of this section, shall
not exceed in the aggregate twenty-five per cent of the state's
portfolio.
(b)
The investments in debt interests rated in the fourth highest
category shall not exceed in the aggregate ten per cent of the
state's portfolio.
(c)
The investments in debt interests issued by foreign nations shall not
exceed in the aggregate two per cent of the state's portfolio.
The
treasurer of state shall invest under division (A)(11) of this
section in a debt interest issued by a foreign nation only if the
debt interest is backed by the full faith and credit of that foreign
nation, and provided that all interest and principal shall be
denominated and payable in United States funds.
(d)
When added to the investment in commercial paper and negotiable
certificates of deposit, the investments in the debt interests of a
single issuer shall not exceed in the aggregate five per cent of the
state's portfolio.
(e)
For purposes of division (A)(11) of this section, a debt interest is
rated in the four highest categories by two nationally recognized
statistical rating organizations if either the debt interest itself
or the issuer of the debt interest is rated, or is implicitly rated,
in the four highest categories by two nationally recognized
statistical rating organizations.
(f)
For purposes of division (A)(11) of this section, the "state's
portfolio" means the state's total average portfolio, as
determined and calculated by the treasurer of state.
(12)
No-load money market mutual funds rated in the highest category by
one nationally recognized statistical rating organization or
consisting exclusively of obligations described in division (A)(1),
(2), or (6) of this section and repurchase agreements secured by such
obligations;
(13)
Obligations issued by, or on behalf of, an Ohio political subdivision
under Chapter 133. of the Revised Code or Section 12 of Article
XVIII, Ohio Constitution, and identified in an agreement described in
division (G) of this section;
(14)
Obligations issued by the state of Ohio, any political subdivision
thereof, or by or on behalf of any nonprofit corporation or
association doing business in this state rated in the four highest
categories by at least one nationally recognized statistical rating
organization and identified in an agreement described in division (K)
of this section.
(B)(1)
On or before the tenth day of each month, the treasurer of state
shall notify the state board of deposit that the following reports
pertaining to the immediately preceding month have been posted to the
web site maintained by the treasurer of state:
(a)
The daily ledger report of state funds prepared in accordance with
section 113.13 of the Revised Code;
(b)
The monthly portfolio report detailing the current inventory of all
investments and deposits held within the classification of interim
moneys;
(c)
The monthly activity report within the classification of interim
moneys summarized by type of investment or deposit.
(2)
In the event the state board of deposit does not concur in such
classification or in the investments or deposits made under this
section, subject to division (B)(3) of this section, the board may
order the treasurer of state to sell or liquidate any of the
investments or deposits, and any such order shall specifically
describe the investments or deposits and fix the date upon which they
are to be sold or liquidated. Investments or deposits so ordered to
be sold or liquidated shall be sold or liquidated for cash by the
treasurer of state on the date fixed in such order at the then
current market price. Neither the treasurer of state nor the members
of the state board of deposit shall be held accountable for any loss
occasioned by sales or liquidations of investments or deposits at
prices lower than their cost. Any loss or expense incurred in making
these sales or liquidations is payable as other expenses of the
treasurer's office.
(3)
Unless expressly authorized by the laws of this state, the state
board of deposit shall not order the treasurer of state to sell or
liquidate investments or deposits with the primary purpose of
influencing any environmental, social, personal, or ideological
policy.
(C)
If any securities or obligations invested in by the treasurer of
state pursuant to this section are registrable either as to principal
or interest, or both, such securities or obligations shall be
registered in the name of the treasurer of state.
(D)
The treasurer of state is responsible for the safekeeping of all
securities or obligations under this section. Any such securities or
obligations may be deposited for safekeeping as provided in section
113.05 of the Revised Code.
(E)
Interest earned on any investments or deposits authorized by this
section shall be collected by the treasurer of state and credited by
the treasurer of state to the proper fund of the state.
(F)
Whenever investments or deposits acquired under this section mature
and become due and payable, the treasurer of state shall present them
for payment according to their tenor, and shall collect the moneys
payable thereon. The moneys so collected shall be treated as public
moneys subject to sections 135.01 to 135.21 of the Revised Code.
(G)
The treasurer of state and any entity issuing obligations referred to
in division (A)(13) of this section, which obligations mature within
one year from the original date of issuance, may enter into an
agreement providing for:
(1)
The purchase of those obligations by the treasurer of state on terms
and subject to conditions set forth in the agreement;
(2)
The payment to the treasurer of state of a reasonable fee as
consideration for the agreement of the treasurer of state to purchase
those obligations
;
provided, however, that the treasurer of state shall not be
authorized to enter into any such agreement with a board of education
of a school district that has an outstanding obligation with respect
to a loan received under authority of section 3313.483 of the Revised
Code
.
(H)
For purposes of division (G) of this section, a fee shall not be
considered reasonable unless it is set to recover only the direct
costs, a reasonable estimate of the indirect costs associated with
the purchasing of obligations under division (G) of this section and
any reselling of the obligations or any interest in the obligations,
including interests in a fund comprised of the obligations, and the
administration thereof. No money from the general revenue fund shall
be used to subsidize the purchase or resale of these obligations.
(I)
All money collected by the treasurer of state from the fee imposed by
division (G) of this section shall be deposited to the credit of the
state political subdivision obligations fund, which is hereby created
in the state treasury. Money credited to the fund shall be used
solely to pay the treasurer of state's direct and indirect costs
associated with purchasing and reselling obligations under division
(G) of this section.
(J)
As used in this section, "political subdivision" means a
county, township, municipal corporation, school district, or other
body corporate and politic responsible for governmental activities in
a geographic area smaller than that of the state.
(K)(1)
The treasurer of state and any entity issuing obligations referred to
in division (A)(14) of this section, which obligations require a
conditional liquidity requirement, may enter into an agreement
providing for the following:
(a)
The purchase of the obligations by the treasurer of state on terms
and subject to conditions set forth in the agreement;
(b)
Payment to the treasurer of state of a fee as consideration for the
agreement of the treasurer of state to purchase the obligations.
(2)
The treasurer of state shall not enter into agreements under division
(K)(1) of this section for obligations that, in the aggregate, exceed
ten per cent of the state's total average portfolio, as determined
and calculated by the treasurer of state.
(3)
For purposes of division (A)(14) of this section, an obligation is
rated in the four highest categories by at least one nationally
recognized statistical rating organization if either the debt
interest itself or the obligor of the debt interest is rated in the
four highest categories by at least one nationally recognized
statistical rating organization.
(4)
All money collected by the treasurer of state from the fee imposed by
division (K) of this section shall be deposited to the credit of the
state securities tender program fund, which is hereby created in the
state treasury. The amount of income from the state securities tender
program credited to the state securities tender program fund shall
not exceed one per cent of the average par value of obligations
subject to agreements under division (K)(1) of this section. All
other such income shall be credited to the general revenue fund. The
treasurer of state may use the state securities tender program fund
solely for operations of the office of the treasurer of state.
(L)(1)
The treasurer of state and a state university or college issuing
obligations under section 3345.12 of the Revised Code may enter into
an agreement providing for the following:
(a)
The purchase of those obligations by the treasurer of state pursuant
to division (A)(3)(a) of this section on terms and subject to
conditions set forth in the agreement;
(b)
The department of higher education to withhold, in the event the
state university or college does not pay bond service charges on the
obligations when due, appropriated funds allocated to the state
university or college in an amount sufficient to pay bond service
charges on the obligations, less any amounts deposited for that
purpose under the bond proceedings. Upon the request of the treasurer
of state, the department of higher education shall promptly pay to
the treasurer of state the amounts withheld.
(2)
For purposes of division (L)(1) of this section, "obligations,"
"state university or college," "bond service charges,"
and "bond proceedings" have the same meanings as in section
3345.12 of the Revised Code.
(M)
Unless expressly authorized by the laws of this state, the treasurer
of state shall not do either of the following:
(1)
Make an investment decision with the primary purpose of influencing
any environmental, social, personal, or ideological policy;
(2)
Permit any person or entity to which the treasurer of state delegates
the management of the investment of state money to make investment
decisions with state money with the primary purpose of influencing
any environmental, social, personal, or ideological policy.
Sec.
149.41.
There
is hereby created in each city, local, joint vocational, and exempted
village school district a school district records commission, and in
each educational service center an educational service center records
commission. Each records commission shall be composed of the
president, the treasurer of the board of education or governing board
of the educational service center, and the superintendent of schools
in each such district or educational service center
,
or their designees
.
The commission shall meet at least once every twelve months.
The
function of the commission shall be to review applications for
one-time disposal of obsolete records and schedules of records
retention and disposition submitted by any employee of the school
district or educational service center. The commission may dispose of
records pursuant to the procedure outlined in section 149.381 of the
Revised Code. The commission, at any time, may review any schedule it
has previously approved and, for good cause shown, may revise that
schedule under the procedure outlined in that section.
Sec.
2151.354.
(A)
If the child is adjudicated an unruly child, the court may:
(1)
Make any of the dispositions authorized under section 2151.353 of the
Revised Code;
(2)
Place the child on community control under any sanctions, services,
and conditions that the court prescribes, as described in division
(A)(4) of section 2152.19 of the Revised Code, provided that, if the
court imposes a period of community service upon the child, the
period of community service shall not exceed one hundred seventy-five
hours;
(3)
Suspend the driver's license, probationary driver's license, or
temporary instruction permit issued to the child for a period of time
prescribed by the court and suspend the registration of all motor
vehicles registered in the name of the child for a period of time
prescribed by the court. A child whose license or permit is so
suspended is ineligible for issuance of a license or permit during
the period of suspension. At the end of the period of suspension, the
child shall not be reissued a license or permit until the child has
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(4)
Commit the child to the temporary or permanent custody of the court;
(5)
Make any further disposition the court finds proper that is
consistent with sections 2151.312 and 2151.56 to 2151.59 of the
Revised Code;
(6)
If, after making a disposition under division (A)(1), (2), or (3) of
this section, the court finds upon further hearing that the child is
not amenable to treatment or rehabilitation under that disposition,
make a disposition otherwise authorized under divisions (A)(1), (4),
(5), and (8) of section 2152.19 of the Revised Code that is
consistent with sections 2151.312 and 2151.56 to 2151.59 of the
Revised Code.
(B)
If a child is adjudicated an unruly child for committing any act
that, if committed by an adult, would be a drug abuse offense, as
defined in section 2925.01 of the Revised Code, or a violation of
division (B) of section 2917.11 of the Revised Code, in addition to
imposing, in its discretion, any other order of disposition
authorized by this section, the court shall do both of the following:
(1)
Require the child to participate in a drug abuse or alcohol abuse
counseling program;
(2)
Suspend the temporary instruction permit, probationary driver's
license, or driver's license issued to the child for a period of time
prescribed by the court. The court, in its discretion, may terminate
the suspension if the child attends and satisfactorily completes a
drug abuse or alcohol abuse education, intervention, or treatment
program specified by the court. During the time the child is
attending a program as described in this division, the court shall
retain the child's temporary instruction permit, probationary
driver's license, or driver's license, and the court shall return the
permit or license if it terminates the suspension.
(C)(1)
If a child is adjudicated an unruly child for being an habitual
truant, in addition to or in lieu of imposing any other order of
disposition authorized by this section, the court may do any of the
following:
(a)
Order the board of education of the child's school district or the
governing board of the educational service center in the child's
school district to require the child to attend an alternative school
if an alternative school has been established pursuant to section
3313.533 of the Revised Code in the school district in which the
child is entitled to attend school;
(b)
Require the child to participate in any academic program or community
service program;
(c)
Require the child to participate in a drug abuse or alcohol abuse
counseling program;
(d)
Require that the child receive appropriate medical or psychological
treatment or counseling;
(e)
Maintain
jurisdiction over the child during the subsequent school year for the
purpose of monitoring the child's attendance;
(f)
Make
any other order that the court finds proper to address the child's
habitual truancy, including an order requiring the child to not be
absent without legitimate excuse from the public school the child is
supposed to attend for thirty or more consecutive hours, forty-two or
more hours in one school month, or seventy-two or more hours in a
school year and including an order requiring the child to participate
in a truancy prevention mediation program.
(2)
If a child is adjudicated an unruly child for being an habitual
truant and the court determines that the parent, guardian, or other
person having care of the child has failed to cause the child's
attendance at school in violation of section 3321.38 of the Revised
Code, in addition to any order of disposition authorized by this
section, all of the following apply:
(a)
The court may require the parent, guardian, or other person having
care of the child to participate in any community service program,
preferably a community service program that requires the involvement
of the parent, guardian, or other person having care of the child in
the school attended by the child.
(b)
The court may require the parent, guardian, or other person having
care of the child to participate in a truancy prevention mediation
program.
(c)
The court shall warn the parent, guardian, or other person having
care of the child that any subsequent adjudication of the child as an
unruly or delinquent child for being an habitual truant or for
violating a court order regarding the child's prior adjudication as
an unruly child for being an habitual truant, may result in a
criminal charge against the parent, guardian, or other person having
care of the child for a violation of division (C) of section 2919.21
or section 2919.24 of the Revised Code.
(d)
Not later than ten days after a child is adjudicated an unruly child
for being an habitual truant, the court shall provide notice of that
fact to the school district in which the child is entitled to attend
school and to the school in which the child was enrolled at the time
of the filing of the complaint.
Sec.
2152.19.
(A)
If a child is adjudicated a delinquent child, the court may make any
of the following orders of disposition, in addition to any other
disposition authorized or required by this chapter:
(1)
Any order that is authorized by section 2151.353 of the Revised Code
for the care and protection of an abused, neglected, or dependent
child;
(2)
Commit the child to the temporary custody of any school, camp,
institution, or other facility operated for the care of delinquent
children by the county, by a district organized under section 2152.41
or 2151.65 of the Revised Code, or by a private agency or
organization, within or without the state, that is authorized and
qualified to provide the care, treatment, or placement required,
including, but not limited to, a school, camp, or facility operated
under section 2151.65 of the Revised Code;
(3)
Place the child in a detention facility or district detention
facility operated under section 2152.41 of the Revised Code, for up
to ninety days;
(4)
Place the child on community control under any sanctions, services,
and conditions that the court prescribes. As a condition of community
control in every case and in addition to any other condition that it
imposes upon the child, the court shall require the child to abide by
the law during the period of community control. As referred to in
this division, community control includes, but is not limited to, the
following sanctions and conditions:
(a)
A period of basic probation supervision in which the child is
required to maintain contact with a person appointed to supervise the
child in accordance with sanctions imposed by the court;
(b)
A period of intensive probation supervision in which the child is
required to maintain frequent contact with a person appointed by the
court to supervise the child while the child is seeking or
maintaining employment and participating in training, education, and
treatment programs as the order of disposition;
(c)
A period of day reporting in which the child is required each day to
report to and leave a center or another approved reporting location
at specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center;
(d)
A period of community service of up to five hundred hours for an act
that would be a felony or a misdemeanor of the first degree if
committed by an adult, up to two hundred hours for an act that would
be a misdemeanor of the second, third, or fourth degree if committed
by an adult, or up to thirty hours for an act that would be a minor
misdemeanor if committed by an adult;
(e)
A requirement that the child obtain a high school diploma, a
certificate of high school equivalence, vocational training, or
employment;
(f)
A period of drug and alcohol use monitoring;
(g)
A requirement of alcohol or drug assessment or counseling, or a
period in an alcohol or drug treatment program with a level of
security for the child as determined necessary by the court;
(h)
A period in which the court orders the child to observe a curfew that
may involve daytime or evening hours;
(i)
A requirement that the child serve monitored time;
(j)
A period of house arrest without electronic monitoring or continuous
alcohol monitoring;
(k)
A period of electronic monitoring or continuous alcohol monitoring
without house arrest, or house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, that does not exceed the maximum
sentence of imprisonment that could be imposed upon an adult who
commits the same act.
A
period of house arrest with electronic monitoring or continuous
alcohol monitoring or both electronic monitoring and continuous
alcohol monitoring, imposed under this division shall not extend
beyond the child's twenty-first birthday. If a court imposes a period
of house arrest with electronic monitoring or continuous alcohol
monitoring or both electronic monitoring and continuous alcohol
monitoring, upon a child under this division, it shall require the
child: to remain in the child's home or other specified premises for
the entire period of house arrest with electronic monitoring or
continuous alcohol monitoring or both except when the court permits
the child to leave those premises to go to school or to other
specified premises. Regarding electronic monitoring, the court also
shall require the child to be monitored by a central system that can
determine the child's location at designated times; to report
periodically to a person designated by the court; and to enter into a
written contract with the court agreeing to comply with all
requirements imposed by the court, agreeing to pay any fee imposed by
the court for the costs of the house arrest with electronic
monitoring, and agreeing to waive the right to receive credit for any
time served on house arrest with electronic monitoring toward the
period of any other dispositional order imposed upon the child if the
child violates any of the requirements of the dispositional order of
house arrest with electronic monitoring. The court also may impose
other reasonable requirements upon the child.
Unless
ordered by the court, a child shall not receive credit for any time
served on house arrest with electronic monitoring or continuous
alcohol monitoring or both toward any other dispositional order
imposed upon the child for the act for which was imposed the
dispositional order of house arrest with electronic monitoring or
continuous alcohol monitoring. As used in this division and division
(A)(4)(l) of this section, "continuous alcohol monitoring"
has the same meaning as in section 2929.01 of the Revised Code.
(l)
A suspension of the driver's license, probationary driver's license,
or temporary instruction permit issued to the child for a period of
time prescribed by the court, or a suspension of the registration of
all motor vehicles registered in the name of the child for a period
of time prescribed by the court. A child whose license or permit is
so suspended is ineligible for issuance of a license or permit during
the period of suspension. At the end of the period of suspension, the
child shall not be reissued a license or permit until the child has
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(5)
Commit the child to the custody of the court;
(6)
Require the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for thirty or more
consecutive hours, forty-two or more hours in one school month, or
seventy-two or more hours in a school year;
(7)(a)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant, do either or both of the following:
(i)
Require the child to participate in a truancy prevention mediation
program;
(ii)
Make any order of disposition as authorized by this section, except
that the court shall not commit the child to a facility described in
division (A)(2) or (3) of this section unless the court determines
that the child violated a lawful court order made pursuant to
division
(C)(1)(e)
(C)(1)(f)
of section 2151.354 of the Revised Code or division (A)(6) of this
section.
(b)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, do either or both of the following:
(i)
Require the parent, guardian, or other person having care of the
child to participate in a truancy prevention mediation program;
(ii)
Require the parent, guardian, or other person having care of the
child to participate in any community service program, preferably a
community service program that requires the involvement of the
parent, guardian, or other person having care of the child in the
school attended by the child.
(8)
Make any further disposition that the court finds proper, except that
the child shall not be placed in a state correctional institution, a
county, multicounty, or municipal jail or workhouse, or another place
in which an adult convicted of a crime, under arrest, or charged with
a crime is held.
(B)
If a child is adjudicated a delinquent child, in addition to any
order of disposition made under division (A) of this section, the
court, in the following situations and for the specified periods of
time, shall suspend the child's temporary instruction permit,
restricted license, probationary driver's license, or nonresident
operating privilege, or suspend the child's ability to obtain such a
permit:
(1)
If the child is adjudicated a delinquent child for violating section
2923.122 of the Revised Code, impose a class four suspension of the
child's license, permit, or privilege from the range specified in
division (A)(4) of section 4510.02 of the Revised Code or deny the
child the issuance of a license or permit in accordance with division
(F)(1) of section 2923.122 of the Revised Code.
(2)
If the child is adjudicated a delinquent child for committing an act
that if committed by an adult would be a drug abuse offense or for
violating division (B) of section 2917.11 of the Revised Code,
suspend the child's license, permit, or privilege for a period of
time prescribed by the court. The court, in its discretion, may
terminate the suspension if the child attends and satisfactorily
completes a drug abuse or alcohol abuse education, intervention, or
treatment program specified by the court. During the time the child
is attending a program described in this division, the court shall
retain the child's temporary instruction permit, probationary
driver's license, or driver's license, and the court shall return the
permit or license if it terminates the suspension as described in
this division.
(C)
The court may establish a victim-offender mediation program in which
victims and their offenders meet to discuss the offense and suggest
possible restitution. If the court obtains the assent of the victim
of the delinquent act committed by the child, the court may require
the child to participate in the program.
(D)(1)
If a child is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult and if the child
caused, attempted to cause, threatened to cause, or created a risk of
physical harm to the victim of the act, the court, prior to issuing
an order of disposition under this section, shall order the
preparation of a victim impact statement by the probation department
of the county in which the victim of the act resides, by the court's
own probation department, or by a victim assistance program that is
operated by the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for the
child.
(2)
Each victim impact statement shall identify the victim of the act for
which the child was adjudicated a delinquent child, itemize any
economic loss suffered by the victim as a result of the act, identify
any physical injury suffered by the victim as a result of the act and
the seriousness and permanence of the injury, identify any change in
the victim's personal welfare or familial relationships as a result
of the act and any psychological impact experienced by the victim or
the victim's family as a result of the act, and contain any other
information related to the impact of the act upon the victim that the
court requires.
(3)
A victim impact statement shall be kept confidential and is not a
public record. However, the court may furnish copies of the statement
to the department of youth services if the delinquent child is
committed to the department or to both the adjudicated delinquent
child or the adjudicated delinquent child's counsel and the
prosecuting attorney. The copy of a victim impact statement furnished
by the court to the department pursuant to this section shall be kept
confidential and is not a public record. If an officer is preparing
pursuant to section 2947.06 or 2951.03 of the Revised Code or
Criminal Rule 32.2 a presentence investigation report pertaining to a
person, the court shall make available to the officer, for use in
preparing the report, a copy of any victim impact statement regarding
that person. The copies of a victim impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the prosecuting attorney pursuant to
this division shall be returned to the court by the person to whom
they were made available immediately following the imposition of an
order of disposition for the child under this chapter.
The
copy of a victim impact statement that is made available pursuant to
this division to an officer preparing a criminal presentence
investigation report shall be returned to the court by the officer
immediately following its use in preparing the report.
(4)
The department of youth services shall work with local probation
departments and victim assistance programs to develop a standard
victim impact statement.
(E)(1)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of disposition
it makes under this section, the court shall warn the parent,
guardian, or other person having care of the child that any
subsequent adjudication with regard to truancy may result in a
criminal charge against the parent, guardian, or other person having
care of the child for a violation of division (C) of section 2919.21
or section 2919.24 of the Revised Code.
(2)
Not later than ten days after a child is adjudicated a delinquent
child for violating a court order regarding the child's prior
adjudication as an unruly child for being an habitual truant, the
court shall provide notice of that fact to the school district in
which the child is entitled to attend school and to the school in
which the child was enrolled at the time of the filing of the
complaint.
(F)(1)
During the period of a delinquent child's community control granted
under this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
search, with or without a warrant, the person of the delinquent
child, the place of residence of the delinquent child, and a motor
vehicle, another item of tangible or intangible personal property, or
other real property in which the delinquent child has a right, title,
or interest or for which the delinquent child has the express or
implied permission of a person with a right, title, or interest to
use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the
law or otherwise is not complying with the conditions of the
delinquent child's community control. The court that places a
delinquent child on community control under this section shall
provide the delinquent child with a written notice that informs the
delinquent child that authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
conduct those types of searches during the period of community
control if they have reasonable grounds to believe that the
delinquent child is not abiding by the law or otherwise is not
complying with the conditions of the delinquent child's community
control. The court also shall provide the written notice described in
division (E)(2) of this section to each parent, guardian, or
custodian of the delinquent child who is described in that division.
(2)
The court that places a child on community control under this section
shall provide the child's parent, guardian, or other custodian with a
written notice that informs them that authorized probation officers
may conduct searches pursuant to division (E)(1) of this section. The
notice shall specifically state that a permissible search might
extend to a motor vehicle, another item of tangible or intangible
personal property, or a place of residence or other real property in
which a notified parent, guardian, or custodian has a right, title,
or interest and that the parent, guardian, or custodian expressly or
impliedly permits the child to use, occupy, or possess.
(G)
If a juvenile court commits a delinquent child to the custody of any
person, organization, or entity pursuant to this section and if the
delinquent act for which the child is so committed is a sexually
oriented offense or is a child-victim oriented offense, the court in
the order of disposition shall do one of the following:
(1)
Require that the child be provided treatment as described in division
(A)(2) of section 5139.13 of the Revised Code;
(2)
Inform the person, organization, or entity that it is the preferred
course of action in this state that the child be provided treatment
as described in division (A)(2) of section 5139.13 of the Revised
Code and encourage the person, organization, or entity to provide
that treatment.
Sec.
2915.092.
(A)(1)
Subject to division (A)(2) of this section, a person or entity may
conduct a raffle to raise money for the person or entity and does not
need a license to conduct bingo in order to conduct a raffle drawing
that is not for profit if the person or entity is any of the
following:
(a)
Exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the Internal Revenue Code;
(b)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code,
college-preparatory
boarding school established under Chapter 3328. of the Revised Code,
or
chartered nonpublic school;
(c)
Exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal Revenue Code.
(2)
If a person or entity that is described in division (A)(1)(c) of this
section conducts a raffle, the person or entity shall distribute at
least fifty per cent of the net profit from the raffle to a
charitable purpose described in division (V) of section 2915.01 of
the Revised Code or to a department or agency of the federal
government, the state, or any political subdivision.
(B)
Except as provided in division (A) of this section, no person shall
conduct a raffle drawing that is for profit or a raffle drawing that
is not for profit.
(C)
Whoever violates division (B) of this section is guilty of illegal
conduct of a raffle. Except as otherwise provided in this division,
illegal conduct of a raffle is a misdemeanor of the first degree. If
the offender previously has been convicted of a violation of division
(B) of this section, illegal conduct of a raffle is a felony of the
fifth degree.
Sec.
2919.24.
(A)
As used in this section:
(1)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(2)
"Unruly child" has the same meaning as in section 2151.022
of the Revised Code.
(B)
No person, including a parent, guardian, or other custodian of a
child, shall do any of the following:
(1)
Aid, abet, induce, cause, encourage, or contribute to a child or a
ward of the juvenile court becoming an unruly child or a delinquent
child;
(2)
Act in a way tending to cause a child or a ward of the juvenile court
to become an unruly child or a delinquent child;
(3)
Act in a way that contributes to
an
adjudication of the child as a delinquent child based on the child's
violation of a court order adjudicating the child an unruly
a
child
for
being
an
a
habitual
truant;
(4)
If the person is the parent, guardian, or custodian of a child who
has the duties under Chapters 2152. and 2950. of the Revised Code to
register, register a new residence address, and periodically verify a
residence address, and, if applicable, to send a notice of intent to
reside, and if the child is not emancipated, as defined in section
2919.121 of the Revised Code, fail to ensure that the child complies
with those duties under Chapters 2152. and 2950. of the Revised Code.
(C)
An
adjudication of a child as being unruly or delinquent is unnecessary
for a conviction under this section.
(D)
Whoever
violates this section is guilty of contributing to the unruliness or
delinquency of a child, a misdemeanor of the first degree. Each day
of violation of this section is a separate offense.
Sec.
2921.44.
(A)
No law enforcement officer shall negligently do any of the following:
(1)
Fail to serve a lawful warrant without delay;
(2)
Fail to prevent or halt the commission of an offense or to apprehend
an offender, when it is in the law enforcement officer's power to do
so alone or with available assistance.
(B)
No law enforcement, ministerial, or judicial officer shall
negligently fail to perform a lawful duty in a criminal case or
proceeding.
(C)
No officer, having charge of a detention facility, shall negligently
do any of the following:
(1)
Allow the detention facility to become littered or unsanitary;
(2)
Fail to provide persons confined in the detention facility with
adequate food, clothing, bedding, shelter, and medical attention;
(3)
Fail to control an unruly prisoner, or to prevent intimidation of or
physical harm to a prisoner by another;
(4)
Allow a prisoner to escape;
(5)
Fail to observe any lawful and reasonable regulation for the
management of the detention facility.
(D)
No public official of the state shall recklessly create a deficiency,
incur a liability, or expend a greater sum than is appropriated by
the general assembly for the use in any one year of the department,
agency, or institution of the state with which the public official is
connected.
(E)
No public servant shall recklessly fail to perform a duty expressly
imposed by law with respect to the public servant's office, or
recklessly do any act expressly forbidden by law with respect to the
public servant's office.
(F)
Whoever violates this section is guilty of dereliction of duty, a
misdemeanor of the second degree.
(G)
Except as otherwise provided by law, a public servant who is a county
treasurer; county auditor; township fiscal officer; city auditor;
city treasurer; village fiscal officer; village clerk-treasurer;
village clerk; in the case of a municipal corporation having a
charter that designates an officer who, by virtue of the charter, has
duties and functions similar to those of the city or village officers
referred to in this section, the officer so designated by the
charter; school district treasurer; fiscal officer of a community
school established under Chapter 3314. of the Revised Code;
or
treasurer
of a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code
;
or fiscal officer of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code
and is convicted of or pleads guilty to dereliction of duty is
disqualified from holding any public office, employment, or position
of trust in this state for four years following the date of
conviction or of entry of the plea, and is not entitled to hold any
public office until any repayment or restitution required by the
court is satisfied.
(H)
As used in this section, "public servant" includes the
following:
(1)
An officer or employee of a contractor as defined in section 9.08 of
the Revised Code;
(2)
A fiscal officer employed by the operator of a community school
established under Chapter 3314. of the Revised Code
or by the operator of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code
.
Sec.
3301.01.
There
is hereby created the state board of education consisting of
five
seven
members
to be appointed by the governor with the advice and consent of the
senate
.
Each
initial member appointed after the effective date of this amendment
to an office that is vacant as of January 1, 2027, shall have a term
of office that begins on January 1, 2027. Each initial such member
shall be appointed not later than that date
.
Sec.
3301.02.
(A)
Members of the board shall serve four-year terms beginning the first
day of January and ending on the thirty-first day of December.
(B)
No person shall hold the office of member of the state board of
education for a period of longer than two successive terms of four
years. Terms shall be considered successive unless separated by a
period of four or more years. Only terms beginning on or after
January 1, 1996, shall be considered in determining an individual's
eligibility to hold office.
(C)
Notwithstanding any provision of the Revised Code to the contrary,
members who were elected or appointed under this section as it
existed prior to
the
effective date of this amendment
September
30, 2025,
shall
remain in office until the expiration of their current terms. Upon
the expiration of the current term of elected members, all eleven
elected offices shall be abolished and no successor shall be elected
after
the
effective date of this amendment
September
30, 2025
.
If such elected member vacates the office prior to the expiration of
the member's term, no individual shall be appointed or elected to
fill that vacancy, and that office is abolished.
The
offices of the first three appointed members to reach the expiration
of their current terms or vacate the office prior to the expiration
of their current terms shall be abolished.
Thereafter,
the state board consists
only
of
five
the
appointed members as prescribed under section 3301.01 of the Revised
Code.
Sec.
3301.03.
(A)
Each member of the board shall be a qualified elector residing in the
state.
One
At
least one
member shall
represent
have
experience as a representative for
each
of the following:
(1)
A rural school district;
(2)
A suburban school district;
(3)
An urban school district;
(4)
A community school established under Chapter 3314. of the Revised
Code;
(5)
A chartered nonpublic school.
(B)
No
member of the board shall, during the member's term of office, hold
any other office of trust or profit or be an employee or officer of
any public or private elementary or secondary school. Before entering
on the duties of office, each member shall subscribe to the official
oath of office.
(C)
Each
member of the state board of education shall be paid a salary fixed
pursuant to division (J) of section 124.15 of the Revised Code,
together with the member's actual and necessary expenses incurred
while engaged in the performance of the member's official duties or
in the conduct of authorized board business, and while en route to
and from the member's home for such purposes.
(B)
(D)
As
used in this section only, "office of trust or profit"
means:
(1)
A federal or state elective office or an elected office of a
political subdivision of the state;
(2)
A position on a board or commission of the state that is appointed by
the governor;
(3)
An office set forth in section 121.03, 121.04, or 121.05 of the
Revised Code;
(4)
An office of the government of the United States that is appointed by
the president of the United States.
Sec.
3301.07.
The
director of education and workforce shall exercise under the acts of
the general assembly general supervision of the system of public
education in the state. In addition to the powers otherwise imposed
on the director under the provisions of law, the director shall have
the powers described in this section.
(A)
The director shall exercise policy forming, planning, and evaluative
functions for the public schools of the state except as otherwise
provided by law.
(B)(1)
The director shall exercise leadership in the improvement of public
education in this state, and administer the educational policies of
this state relating to public schools, and relating to instruction
and instructional material, building and equipment, transportation of
pupils, administrative responsibilities of school officials and
personnel, and finance and organization of school districts,
educational service centers, and territory. Consultative and advisory
services in such matters shall be provided by the department of
education and workforce to school districts and educational service
centers of this state.
(2)
The director also shall develop a standard of financial reporting
which shall be used by each school district board of education and
each governing board of an educational service center, each governing
authority of a community school established under Chapter 3314.,
and
each
governing body of a STEM school established under Chapter 3326.
,
and each board of trustees of a college-preparatory boarding school
established under Chapter 3328.
of the Revised Code to make its financial information and annual
budgets for each school building under its control available to the
public in a format understandable by the average citizen. The format
shall show, both at the district and at the school building level,
revenue by source; expenditures for salaries, wages, and benefits of
employees, showing such amounts separately for classroom teachers,
other employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures. The format shall also include information on total
revenue and expenditures, per pupil revenue, and expenditures for
both classroom and nonclassroom purposes, as defined by the standards
adopted under section 3302.20 of the Revised Code in the aggregate
and for each subgroup of students, as defined by section 3317.40 of
the Revised Code, that receives services provided for by state or
federal funding.
(3)
Each school district board, governing authority, governing body, or
board of trustees, or its respective designee, shall annually report,
to the department, all financial information required by the
standards for financial reporting, as prescribed by division (B)(2)
of this section and adopted by the director. The department shall
make all reports submitted pursuant to this division available in
such a way that allows for comparison between financial information
included in these reports and financial information included in
reports produced prior to July 1, 2013. The department shall post
these reports in a prominent location on its web site and shall
notify each school when reports are made available.
(C)
The director shall administer and supervise the allocation and
distribution of all state and federal funds for public school
education under the provisions of law, and may prescribe such systems
of accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or other
public officers or employees, to file with it such reports as it may
prescribe relating to such funds, or to the management and condition
of such funds.
(D)(1)
Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, XLVII, and LI of
the Revised Code a reference is made to standards prescribed under
this section or division (D) of this section, that reference shall be
construed to refer to the standards prescribed under division (D)(2)
of this section, unless the context specifically indicates a
different meaning or intent.
(2)
The director shall formulate and prescribe minimum standards to be
applied to all elementary and secondary schools in this state for the
purpose of providing children access to a general education of high
quality according to the learning needs of each individual, including
students with disabilities, economically disadvantaged students,
English learners, and students identified as gifted. Such standards
shall provide adequately for: a requirement that teachers,
administrators, and other professional personnel be licensed by the
state board of education and assigned according to training and
qualifications; efficient and effective instructional materials and
equipment, including library facilities; the proper organization,
administration, and supervision of each school, including regulations
for preparing all necessary records and reports and the preparation
of a statement of policies and objectives for each school; the
provision of safe buildings, grounds, health and sanitary facilities
and services; admission of pupils, and such requirements for their
promotion from grade to grade as will assure that they are capable
and prepared for the level of study to which they are certified; and
requirements for graduation. The minimum standards the director
adopts under this section are limited to powers and duties that are
expressly prescribed and authorized in statute.
The
director shall base any standards governing the promotion of students
or requirements for graduation on the ability of students, at any
grade level, to earn credits or advance upon demonstration of mastery
of knowledge and skills through competency-based learning models.
Credits of grade level advancement shall not require a minimum number
of days or hours in a classroom.
The
director shall base any standards governing the assignment of staff
on ensuring each school has a sufficient number of teachers to ensure
a student has an appropriate level of interaction to meet each
student's personal learning goals.
In
the formulation and administration of such standards for nonpublic
schools the director shall also consider the particular needs,
methods and objectives of those schools, provided they do not
conflict with the provision of a general education of a high quality
and provided that regular procedures shall be followed for promotion
from grade to grade of pupils who have met the educational
requirements prescribed.
(3)
In addition to the minimum standards required by division (D)(2) of
this section, the director may formulate and prescribe the following
additional minimum operating standards for school districts:
(a)
Standards for the effective and efficient organization,
administration, and supervision of each school district with a
commitment to high expectations for every student based on the
learning needs of each individual, including students with
disabilities, economically disadvantaged students, English learners,
and students identified as gifted, and commitment to closing the
achievement gap without suppressing the achievement levels of higher
achieving students so that all students achieve core knowledge and
skills in accordance with the statewide academic standards adopted
under section 3301.079 of the Revised Code;
(b)
Standards for the establishment of business advisory councils under
section 3313.82 of the Revised Code;
(c)
Standards for school district buildings that may require the
effective and efficient organization, administration, and supervision
of each school district building with a commitment to high
expectations for every student based on the learning needs of each
individual, including students with disabilities, economically
disadvantaged students, English learners, and students identified as
gifted, and commitment to closing the achievement gap without
suppressing the achievement levels of higher achieving students so
that all students achieve core knowledge and skills in accordance
with the statewide academic standards adopted under section 3301.079
of the Revised Code.
(E)
The director may require as part of the health curriculum information
developed under section 2108.34 of the Revised Code promoting the
donation of anatomical gifts pursuant to Chapter 2108. of the Revised
Code and may provide the information to high schools, educational
service centers, and joint vocational school district boards of
education;
(F)
The
director shall prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems of
the public schools of the state, with recommendations for necessary
legislative action and a ten-year projection of the state's public
and nonpublic school enrollment, by year and by grade level.
(G)
The director shall prepare and submit to the director of budget and
management the biennial budgetary requests of the department and its
divisions and for the public schools of the state.
(H)
(G)
The director shall cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state.
(I)
(H)
The director shall require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of school
districts and educational service centers shall certify as to the
accuracy of all reports required by statutory law or director's rules
to be submitted by the district or educational service center and
which contain information necessary for calculation of state funding.
Any superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J)
(I)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt procedures, standards, and guidelines for the education
of children with disabilities pursuant to Chapter 3323. of the
Revised Code, including procedures, standards, and guidelines
governing programs and services operated by county boards of
developmental disabilities pursuant to section 3323.09 of the Revised
Code.
(K)
(J)
For the purpose of encouraging the development of special programs of
education for academically gifted children, the director shall employ
competent persons to analyze and publish data, promote research,
advise and counsel with boards of education, and encourage the
training of teachers in the special instruction of gifted children.
The director may provide financial assistance out of any funds
appropriated for this purpose to boards of education and educational
service center governing boards for developing and conducting
programs of education for academically gifted children.
(L)
(K)
The director shall require that all public schools emphasize and
encourage, within existing units of study, the teaching of energy and
resource conservation as recommended to each district board of
education by leading business persons involved in energy production
and conservation, beginning in the primary grades.
(M)
(L)
The director shall formulate and prescribe minimum standards
requiring the use of phonics as a technique in the teaching of
reading in grades kindergarten through three. In addition, the
director shall provide in-service training programs for teachers on
the use of phonics as a technique in the teaching of reading in
grades kindergarten through three.
(N)
(M)
The director may adopt rules necessary for carrying out any function
imposed on the director by law, and may provide rules as are
necessary for the government of the department and its employees, and
may delegate to any deputy director the management and administration
of any function imposed on the director by law.
(O)
(N)
Upon application from the board of education of a school district,
the director may issue a waiver exempting the district from
compliance with the standards adopted under divisions (B)(2) and (D)
of this section, as they relate to the operation of a school operated
by the district. The director shall adopt standards for the approval
or disapproval of waivers under this division. The director shall
consider every application for a waiver, and shall determine whether
to grant or deny a waiver in accordance with
the
those
standards. For each waiver granted, the director shall specify the
period of time during which the waiver is in effect, which shall not
exceed five years. A district board may apply to renew a waiver.
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
division
(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)
Not later than June 30, 2026, the department shall do both of the
following:
(a)
Adopt a diagnostic assessment aligned with the academic standards for
each of grades kindergarten to three in reading;
(b)
Approve a list of up to five diagnostic assessments aligned with the
academic standards for each of grades kindergarten to three for both
reading and mathematics. The department's list of approved diagnostic
assessments for reading shall include the three reading diagnostic
assessments that were approved by the department for use as
comparable tools for purposes of division (B)(1) of section 3313.608
of the Revised Code, as it existed prior to
the
effective date of this amendment
September
30, 2025
,
and are most widely used by public schools in the state.
(2)
Each diagnostic assessment adopted or approved under division (D)(1)
of this section shall be designed to measure student comprehension of
academic content and mastery of related skills for the relevant
subject area and grade level. The diagnostic assessment for reading
shall be designed to measure student comprehension of foundational
reading skills aligned to the science of reading. Any diagnostic
assessment adopted by the department shall not include components to
identify gifted students. Blank copies of diagnostic assessments
shall be public records.
(3)
School districts shall administer a diagnostic assessment in reading
and mathematics adopted or approved by the department pursuant to
section 3301.0715 of the Revised Code beginning in the 2026-2027
school year.
(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)
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)
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)
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.
Sec.
3301.0710.
The
department of education and workforce shall adopt rules establishing
a statewide program to assess student achievement. The department
shall ensure that all assessments administered under the program are
aligned with the academic standards and model curricula adopted by
the department and are created with input from Ohio parents, Ohio
classroom teachers, Ohio school administrators, and other Ohio school
personnel pursuant to section 3301.079 of the Revised Code.
The
assessment program shall be designed to ensure that students who
receive a high school diploma demonstrate at least high school levels
of achievement in English language arts, mathematics, science, and
social studies.
(A)(1)
The department shall prescribe all of the following:
(a)
Two statewide achievement assessments, one each designed to measure
the level of English language arts and mathematics skill expected at
the end of third grade;
(b)
Two statewide achievement assessments, one each designed to measure
the level of English language arts and mathematics skill expected at
the end of fourth grade;
(c)
Three statewide achievement assessments, one each designed to measure
the level of English language arts, mathematics, and science skill
expected at the end of fifth grade;
(d)
Two statewide achievement assessments, one each designed to measure
the level of English language arts and mathematics skill expected at
the end of sixth grade;
(e)
Two statewide achievement assessments, one each designed to measure
the level of English language arts and mathematics skill expected at
the end of seventh grade;
(f)
Three statewide achievement assessments, one each designed to measure
the level of English language arts, mathematics, and science skill
expected at the end of eighth grade.
(2)
The department shall determine and designate at least five ranges of
scores on each of the achievement assessments described in
divisions
division
(A)(1)
and
(B)(1)
of
this section. Each range of scores shall be deemed to demonstrate a
level of achievement so that any student attaining a score within
such range has achieved one of the following:
(a)
An advanced level of skill;
(b)
An accomplished level of skill;
(c)
A proficient level of skill;
(d)
A basic level of skill;
(e)
A limited level of skill.
(3)
For the purpose of implementing division (A) of section 3313.608 of
the Revised Code, the department shall determine and designate a
level of achievement, not lower than the level designated in division
(A)(2)(e) of this section, on the third grade English language arts
assessment for a student to be promoted to the fourth grade. The
department shall review and adjust upward the level of achievement
designated under this division each year the test is administered
until the level is set equal to the level designated in division
(A)(2)(c) of this section. The level of achievement designated under
this division shall be equal to the level designated in division
(A)(2)(c) of this section not later than July 1, 2024.
(4)
Each school district or school shall teach and assess social studies
in at least the fourth and sixth grades. Any assessment in such area
shall be determined by the district or school and may be formative or
summative in nature. The results of such assessment shall not be
reported to the department.
(B)(1)
The assessments prescribed under division (B)(1) of this section
shall collectively be known as the Ohio graduation tests. Those tests
shall consist of five statewide high school achievement assessments,
one each designed to measure the level of reading, writing,
mathematics, science, and social studies skill expected at the end of
tenth grade. The department shall designate a score in at least the
range designated under division (A)(2)(c) of this section on each
such assessment that shall be deemed to be a passing score on the
assessment as a condition toward granting high school diplomas under
sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code
until the assessment system prescribed by section 3301.0712 of the
Revised Code is implemented in accordance with division (B)(2) of
this section.
(2)
The department shall prescribe an assessment system in accordance
with section 3301.0712 of the Revised Code that shall replace the
Ohio graduation tests beginning with students who enter the ninth
grade for the first time on or after July 1, 2014.
(3)
(B)
The department may enter into a reciprocal agreement with the
appropriate body or agency of any other state that has similar
statewide achievement assessment requirements for receiving high
school diplomas, under which any student who has met an achievement
assessment requirement of one state is recognized as having met the
similar requirement of the other state for purposes of receiving a
high school diploma. For purposes of this section and sections
3301.0711 and 3313.61 of the Revised Code, any student enrolled in
any public high school in this state who has met an achievement
assessment requirement specified in a reciprocal agreement entered
into under this division shall be deemed to have attained at least
the applicable score designated under this division on each
assessment required
by
division (B)(1) or (2) of this section that is specified in the
agreement
under
section 3301.0712 of the Revised Code
.
(C)
The director of education and workforce shall designate dates and
times for the administration of the assessments prescribed by
divisions
(A) and (B) of
this
section
and section 3301.0712 of the Revised Code
.
In
prescribing administration dates pursuant to this division, the
director shall designate the dates in such a way as to allow a
reasonable length of time between the administration of assessments
prescribed under this section and any administration of the national
assessment of educational progress given to students in the same
grade level pursuant to section 3301.27 of the Revised Code or
federal law.
(D)
The
department shall prescribe a practice version of each Ohio graduation
test described in division (B)(1) of this section that is of
comparable length to the actual test.
(E)
Any
committee established by the department for the purpose of making
recommendations regarding the designation of scores on the
assessments described by this section shall inform the department of
the probable percentage of students who would score in each of the
ranges established under division (A)(2) of this section on the
assessments if the committee's recommendations are adopted by the
department. To the extent possible, these percentages shall be
disaggregated by gender, major racial and ethnic groups, English
learners, economically disadvantaged students, students with
disabilities, and migrant students.
Sec.
3301.0711.
(A)
The department of education and workforce shall:
(1)
Annually furnish to, grade, and score all assessments required by
divisions
division
(A)(1)
and
(B)(1)
of
section 3301.0710 of the Revised Code to be administered by city,
local, exempted village, and joint vocational school districts
,
except that each district shall score any assessment administered
pursuant to division (B)(10) of this section
.
Each assessment so furnished shall include the data verification code
of the student to whom the assessment will be administered, as
assigned pursuant to division (D)(2) of section 3301.0714 of the
Revised Code.
In
furnishing the practice versions of Ohio graduation tests prescribed
by division (D) of section 3301.0710 of the Revised Code, the
department shall make the tests available on its web site for
reproduction by districts.
In
awarding contracts for grading assessments, the department shall give
preference to Ohio-based entities employing Ohio residents.
(2)
Adopt rules for the ethical use of assessments and prescribing the
manner in which the assessments prescribed by
section
sections
3301.0710
and 3301.0712
of the Revised Code shall be administered to students.
(B)
Except as provided in divisions (C) and (J) of this section, the
board of education of each city, local, and exempted village school
district shall, in accordance with rules adopted under division (A)
of this section:
(1)
Administer the English language arts assessments prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code twice
annually to all students in the third grade who have not attained the
score designated for that assessment under division (A)(2)(c) of
section 3301.0710 of the Revised Code.
(2)
Administer the mathematics assessment prescribed under division
(A)(1)(a) of section 3301.0710 of the Revised Code at least once
annually to all students in the third grade.
(3)
Administer the assessments prescribed under division (A)(1)(b) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fourth grade.
(4)
Administer the assessments prescribed under division (A)(1)(c) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fifth grade.
(5)
Administer the assessments prescribed under division (A)(1)(d) of
section 3301.0710 of the Revised Code at least once annually to all
students in the sixth grade.
(6)
Administer the assessments prescribed under division (A)(1)(e) of
section 3301.0710 of the Revised Code at least once annually to all
students in the seventh grade.
(7)
Administer the assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code at least once annually to all
students in the eighth grade.
(8)
Except as provided in division (B)(9) of this section, administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code as follows:
(a)
At least once annually to all tenth grade students and at least twice
annually to all students in eleventh or twelfth grade who have not
yet attained the score on that assessment designated under that
division;
(b)
To any person who has successfully completed the curriculum in any
high school or the individualized education program developed for the
person by any high school pursuant to section 3323.08 of the Revised
Code but has not received a high school diploma and who requests to
take such assessment, at any time such assessment is administered in
the district.
(9)
In lieu of the board of education of any city, local, or exempted
village school district in which the student is also enrolled, the
board of a joint vocational school district shall administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code at least twice annually to any student enrolled in
the joint vocational school district who has not yet attained the
score on that assessment designated under that division. A board of a
joint vocational school district may also administer such an
assessment to any student described in division (B)(8)(b) of this
section.
(10)
If the district has a three-year average graduation rate of not more
than seventy-five per cent, administer each assessment prescribed by
division (D) of section 3301.0710 of the Revised Code in September to
all ninth grade students who entered ninth grade prior to July 1,
2014.
Except
as provided in section 3313.614 of the Revised Code for
administration of an assessment to a person who has fulfilled the
curriculum requirement for a high school diploma but has not passed
one or more of the required assessments, the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code shall
not be administered after the date specified in the rules adopted
under division (D)(1) of section 3301.0712 of the Revised Code.
(11)(a)
(8)(a)
Except as provided in divisions
(B)(11)(b)
(B)(8)(b)
and (c) of this section, administer the assessments prescribed by
division
(B)(2) of section 3301.0710 and
section
3301.0712 of the Revised Code in accordance with the timeline and
plan for implementation of those assessments prescribed by rule
adopted under division (D)(1) of section 3301.0712 of the Revised
Code;
(b)
A student who has presented evidence to the district or school of
having satisfied the condition prescribed by division (A)(1) of
section 3313.618 of the Revised Code to qualify for a high school
diploma prior to the date of the administration of the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code shall not be required to take that assessment. However, no board
shall prohibit a student who is not required to take such assessment
from taking the assessment.
(c)
A student shall not be required to retake the Algebra I end-of-course
examination or the English language arts II end-of-course examination
prescribed under division (B)(2) of section 3301.0712 of the Revised
Code in grades nine through twelve if the student demonstrates at
least a proficient level of skill, as prescribed under division
(B)(5)(a) of that section, or achieves a competency score, as
prescribed under division (B)(10) of that section, in an
administration of the examination prior to grade nine.
(C)(1)(a)
In the case of a student receiving special education services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this section, except that a student with
significant cognitive disabilities to whom an alternate assessment is
administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not
be required to take the assessment prescribed under division (B)(1)
of section 3301.0712 of the Revised Code. The individualized
education program may excuse the student from taking any particular
assessment required to be administered under this section if it
instead specifies an alternate assessment method approved by the
department as conforming to requirements of federal law for receipt
of federal funds for disadvantaged pupils. To the extent possible,
the individualized education program shall not excuse the student
from taking an assessment unless no reasonable accommodation can be
made to enable the student to take the assessment. No board shall
prohibit a student who is not required to take an assessment under
division (C)(1) of this section from taking the assessment.
(b)
Any alternate assessment approved by the department for a student
under this division shall produce measurable results comparable to
those produced by the assessment it replaces in order to allow for
the student's results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised
Code.
(c)(i)
Any student enrolled in a chartered nonpublic school who has been
identified, based on an evaluation conducted in accordance with
section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused from
taking any particular assessment required to be administered under
this section if either of the following apply:
(I)
A plan developed for the student pursuant to rules adopted by the
department excuses the student from taking that assessment.
(II)
The chartered nonpublic school develops a written plan in which the
school, in consultation with the student's parents, determines that
an assessment or alternative assessment with accommodations does not
accurately assess the student's academic performance. The plan shall
include an academic profile of the student's academic performance and
shall be reviewed annually to determine if the student's needs
continue to require excusal from taking the assessment.
(ii)
A student with significant cognitive disabilities to whom an
alternate assessment is administered in accordance with division
(C)(1) of this section and a student determined to have a disability
that includes an intellectual disability as outlined in guidance
issued by the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.
(iii)
In the case of any student so excused from taking an assessment under
division (C)(1)(c) of this section, the chartered nonpublic school
shall not prohibit the student from taking the assessment.
(2)
A district board may, for medical reasons or other good cause, excuse
a student from taking an assessment administered under this section
on the date scheduled, but that assessment shall be administered to
the excused student not later than nine days following the scheduled
date. The district board shall annually report the number of students
who have not taken one or more of the assessments required by this
section to the department not later than the thirtieth day of June.
(3)
No school district board shall excuse any English learner from taking
any particular assessment required to be administered under this
section, except that any English learner who has been enrolled in
United States schools for less than two years and for whom no
appropriate accommodations are available based on guidance issued by
the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.
However,
no board shall prohibit an English learner who is not required to
take that assessment from taking the assessment.
A
board may permit any English learner to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department.
For
each English learner, each school district shall annually assess that
student's progress in learning English, in accordance with procedures
approved by the department.
The
guidance and procedures issued by the department for the purposes of
division (C)(3) of this section shall comply with the rules adopted
under section 3301.0731 of the Revised Code.
(4)(a)
The governing authority of a chartered nonpublic school may excuse an
English learner from taking any assessment administered under this
section.
(b)
No governing authority shall require an English learner who has been
enrolled in United States schools for less than two years and for
whom no appropriate accommodations are available based on guidance
issued by the department to take the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code.
(c)
No governing authority shall prohibit an English learner from taking
an assessment from which the student was excused under division
(C)(4) of this section.
(D)(1)
(D)
In
the school year next succeeding the school year in which the
assessments prescribed by division (A)(1)
or
(B)(1)
of
section 3301.0710 of the Revised Code
or former division (A)(1), (A)(2), or (B) of section 3301.0710 of the
Revised Code as it existed prior to September 11, 2001,
are administered to any student, the board of education of any school
district in which the student is enrolled in that year shall provide
to the student intervention services commensurate with the student's
performance, including any intensive intervention required under
section 3313.608 of the Revised Code, in any skill in which the
student failed to demonstrate at least a score at the proficient
level on the assessment.
(2)
Following any administration of the assessments prescribed by
division (D) of section 3301.0710 of the Revised Code to ninth grade
students, each school district that has a three-year average
graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school
shall be required to provide intervention services to any students
who took the assessments. In determining which high schools shall
provide intervention services based on the resources available, the
district shall consider each school's graduation rate and scores on
the practice assessments. The district also shall consider the scores
received by ninth grade students on the English language arts and
mathematics assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code in the eighth grade in
determining which high schools shall provide intervention services.
Each
high school selected to provide intervention services under this
division shall provide intervention services to any student whose
results indicate that the student is failing to make satisfactory
progress toward being able to attain scores at the proficient level
on the Ohio graduation tests. Intervention services shall be provided
in any skill in which a student demonstrates unsatisfactory progress
and shall be commensurate with the student's performance. Schools
shall provide the intervention services prior to the end of the
school year, during the summer following the ninth grade, in the next
succeeding school year, or at any combination of those times.
(E)
Except as provided in section 3313.608 of the Revised Code and
division (N) of this section, no school district board of education
shall utilize any student's failure to attain a specified score on an
assessment administered under this section as a factor in any
decision to deny the student promotion to a higher grade level.
However, a district board may choose not to promote to the next grade
level any student who does not take an assessment administered under
this section or make up an assessment as provided by division (C)(2)
of this section and who is not exempt from the requirement to take
the assessment under division (C)(3) of this section.
(F)
No person shall be charged a fee for taking any assessment
administered under this section.
(G)(1)
Each school district board shall designate one location for the
collection of assessments administered in the spring under division
(B)(1) of this section and those administered under divisions (B)(2)
to (7) of this section. Each district board shall submit the
assessments to the entity with which the department contracts for the
scoring of the assessments as follows:
(a)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was less than two
thousand five hundred, not later than the Friday after all of the
assessments have been administered;
(b)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was two thousand
five hundred or more, but less than seven thousand, not later than
the Monday after all of the assessments have been administered;
(c)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was seven
thousand or more, not later than the Tuesday after all of the
assessments have been administered.
However,
any assessment that a student takes during the make-up period
described in division (C)(2) of this section shall be submitted not
later than the Friday following the day the student takes the
assessment.
(2)
The department or an entity with which the department contracts for
the scoring of the assessment shall send to each school district
board a list of the individual scores of all persons taking a state
achievement assessment as follows:
(a)
Except as provided in division (G)(2)(b) or (c) of this section,
within forty-five days after the administration of the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code,
but in no case shall the scores be returned later than the thirtieth
day of June following the administration;
(b)
In the case of the third-grade English language arts assessment,
within forty-five days after the administration of that assessment,
but in no case shall the scores be returned later than the fifteenth
day of June following the administration;
(c)
In the case of the writing component of an assessment or
end-of-course examination in the area of English language arts,
except for the third-grade English language arts assessment, the
results may be sent after forty-five days of the administration of
the writing component, but in no case shall the scores be returned
later than the thirtieth day of June following the administration.
(3)
For assessments administered under this section by a joint vocational
school district, the department or entity shall also send to each
city, local, or exempted village school district a list of the
individual scores of any students of such city, local, or exempted
village school district who are attending school in the joint
vocational school district.
(4)
Beginning
with the 2019-2020 school year, a
A
school
district, other public school, or chartered nonpublic school may
administer the third-grade English language arts or mathematics
assessment, or both, in a paper format in any school year for which
the district board of education or school governing body adopts a
resolution indicating that the district or school chooses to
administer the assessment in a paper format. The board or governing
body shall submit a copy of the resolution to the department of
education and workforce not later than the first day of May prior to
the school year for which it will apply. If the resolution is
submitted, the district or school shall administer the assessment in
a paper format to all students in the third grade, except that any
student whose individualized education program or plan developed
under section 504 of the "Rehabilitation Act of 1973," 87
Stat. 355, 29 U.S.C. 794, as amended, specifies that taking the
assessment in an online format is an appropriate accommodation for
the student may take the assessment in an online format.
(5)
A classical school may administer all assessments administered under
this section in a paper format, except that any student whose
individualized education program or plan developed under section 504
of the "Rehabilitation Act of 1973," 29 U.S.C. 794
specifies that taking the assessment in an online format is an
appropriate accommodation for the student may take the assessment in
an online format.
(H)
Individual scores on any assessments administered under this section
shall be released by a district board only in accordance with section
3319.321 of the Revised Code and the rules adopted under division (A)
of this section. No district board or its employees shall utilize
individual or aggregate results in any manner that conflicts with
rules for the ethical use of assessments adopted pursuant to division
(A) of this section.
(I)
Except as provided in division (G) of this section, the department or
an entity with which the department contracts for the scoring of the
assessment shall not release any individual scores on any assessment
administered under this section. The department shall adopt rules to
ensure the protection of student confidentiality at all times. The
rules may require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.
(J)
Notwithstanding division (D) of section 3311.52 of the Revised Code,
this section does not apply to the board of education of any
cooperative education school district except as provided under rules
adopted pursuant to this division.
(1)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to divisions (A) to (C) of section 3311.52 of the Revised
Code may enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending school
in the cooperative education school district.
(2)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to section 3311.521 of the Revised Code shall enter into an
agreement with the cooperative district that provides for the
administration of any assessment prescribed under this section to
both
of the following:
(a)
Students
students
who
are attending school in the cooperative district and who, if the
cooperative district were not established, would be entitled to
attend school in the city, local, or exempted village school district
pursuant to section 3313.64 or 3313.65 of the Revised Code
;
(b)
Persons described in division (B)(8)(b) of this section
.
Any
assessment of students pursuant to such an agreement shall be in lieu
of any assessment of such students or persons pursuant to this
section.
(K)(1)(a)
Except as otherwise provided in division (K)(1) or (2) of this
section, each chartered nonpublic school for which at least
sixty-five per cent of its total enrollment is made up of students
who are participating in state scholarship programs shall administer
the assessments prescribed by division (A) of section 3301.0710 of
the Revised Code or an alternative standardized assessment determined
by the department. In accordance with procedures and deadlines
prescribed by the department, the parent or guardian of a student
enrolled in the school who is not participating in a state
scholarship program may submit notice to the chief administrative
officer of the school that the parent or guardian does not wish to
have the student take the assessments prescribed for the student's
grade level under division (A) of section 3301.0710 of the Revised
Code. If a parent or guardian submits an opt-out notice, the school
shall not administer the assessments to that student. This option
does not apply to any assessment required for a high school diploma
under section 3313.612 of the Revised Code.
(b)
Any chartered nonpublic school that enrolls students who are
participating in state scholarship programs may administer an
alternative standardized assessment determined by the department
instead of the assessments prescribed by division (A) of section
3301.0710 of the Revised Code.
Each
chartered nonpublic school subject to division (K)(1)(a) or (b) of
this section shall report the results of each assessment administered
under those divisions to the department.
(2)
A chartered nonpublic school may submit to the director of education
and workforce a request for a waiver from administering the
elementary assessments prescribed by division (A) of section
3301.0710 of the Revised Code. The director shall approve or
disapprove a request for a waiver submitted under division (K)(2) of
this section.
To
be eligible to submit a request for a waiver, a chartered nonpublic
school shall meet the following conditions:
(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychiatrist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.
(b)
The school has solely served a student population described in
division (K)(1)(a) of this section for at least ten years.
(c)
The school provides to the department at least five years of records
of internal testing conducted by the school that affords the
department data required for accountability purposes, including
diagnostic assessments and nationally standardized norm-referenced
achievement assessments that measure reading and math skills.
(3)
Any chartered nonpublic school that is not subject to division (K)(1)
of this section may participate in the assessment program by
administering any of the assessments prescribed by division (A) of
section 3301.0710 of the Revised Code. The chief administrator of the
school shall specify which assessments the school will administer.
Such specification shall be made in writing to the director prior to
the first day of August of any school year in which assessments are
administered and shall include a pledge that the nonpublic school
will administer the specified assessments in the same manner as
public schools are required to do under this section and rules
adopted by the department.
(4)
The department shall furnish the assessments prescribed by section
3301.0710 of the Revised Code to each chartered nonpublic school that
is subject to division (K)(1) of this section or participates under
division (K)(3) of this section.
(L)
If a chartered nonpublic school is educating students in grades nine
through twelve, the following shall apply:
(1)
Except as provided in division (L)(4) of this section, for a student
who is enrolled in a chartered nonpublic school that is accredited
through the independent schools association of the central states and
who is attending the school under a state scholarship program, the
student shall either take all of the assessments prescribed by
division (B) of section 3301.0712 of the Revised Code or take an
alternative assessment approved by the department under section
3313.619 of the Revised Code. However, a student who is excused from
taking an assessment under division (C) of this section or has
presented evidence to the chartered nonpublic school of having
satisfied the condition prescribed by division (A)(1) of section
3313.618 of the Revised Code to qualify for a high school diploma
prior to the date of the administration of the assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code shall
not be required to take that assessment. No governing authority of a
chartered nonpublic school shall prohibit a student who is not
required to take such assessment from taking the assessment.
(2)
For a student who is enrolled in a chartered nonpublic school that is
accredited through the independent schools association of the central
states, and who is not attending the school under a state scholarship
program, the student shall not be required to take any assessment
prescribed under section 3301.0712 or 3313.619 of the Revised Code.
(3)(a)
Except as provided in divisions (L)(3)(b) and (4) of this section,
for a student who is enrolled in a chartered nonpublic school that is
not accredited through the independent schools association of the
central states, regardless of whether the student is attending or is
not attending the school under a state scholarship program, the
student shall do one of the following:
(i)
Take all of the assessments prescribed by division (B) of section
3301.0712 of the Revised Code;
(ii)
Take only the assessment prescribed by division (B)(1) of section
3301.0712 of the Revised Code, provided that the student's school
publishes the results of that assessment for each graduating class.
The published results of that assessment shall include the overall
composite scores, mean scores, twenty-fifth percentile scores, and
seventy-fifth percentile scores for each subject area of the
assessment.
(iii)
Take an alternative assessment approved by the department under
section 3313.619 of the Revised Code.
(b)
A student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.
(4)
The assessments prescribed by sections 3301.0712 and 3313.619 of the
Revised Code shall not be administered to any student attending the
school, if the school meets all of the following conditions:
(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychologist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.
(b)
The school has solely served a student population described in
division (L)(4)(a) of this section for at least ten years.
(c)
The school makes available to the department at least five years of
records of internal testing conducted by the school that affords the
department data required for accountability purposes, including
growth in student achievement in reading or mathematics, or both, as
measured by nationally norm-referenced assessments that have
developed appropriate standards for students.
Division
(L)(4) of this section applies to any student attending such school
regardless of whether the student receives special education or
related services and regardless of whether the student is attending
the school under a state scholarship program.
(M)(1)
The superintendent of Ohio deaf and blind education services shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code for the state school for the blind and
the state school for the deaf. The superintendent of Ohio deaf and
blind education services shall administer the assessments in the same
manner as district boards are required to do under this section and
rules adopted by the department and in conformity with division
(C)(1)(a) of this section.
(2)
The department shall furnish the assessments described by sections
3301.0710 and 3301.0712 of the Revised Code to the superintendent of
Ohio deaf and blind education services.
(N)
Notwithstanding division (E) of this section, a school district may
use a student's failure to attain a score in at least the proficient
range on the mathematics assessment described by division (A)(1)(a)
of section 3301.0710 of the Revised Code or on an assessment
described by division (A)(1)(b), (c), (d), (e), or (f) of section
3301.0710 of the Revised Code as a factor in retaining that student
in the current grade level.
(O)(1)
In the manner specified in divisions (O)(3) and (4) of this section,
the assessments required by division (A)(1) of section 3301.0710 of
the Revised Code shall become public records pursuant to section
149.43 of the Revised Code on the thirty-first day of July following
the school year that the assessments were administered.
(2)
The department may field test proposed questions with samples of
students to determine the validity, reliability, or appropriateness
of questions for possible inclusion in a future year's assessment.
The department also may use anchor questions on assessments to ensure
that different versions of the same assessment are of comparable
difficulty.
Field
test questions and anchor questions shall not be considered in
computing scores for individual students. Field test questions and
anchor questions may be included as part of the administration of any
assessment required by division (A)(1)
or
(B)
of
section 3301.0710 and division (B) of section 3301.0712 of the
Revised Code.
(3)
Any field test question or anchor question administered under
division (O)(2) of this section shall not be a public record. Such
field test questions and anchor questions shall be redacted from any
assessments which are released as a public record pursuant to
division (O)(1) of this section.
(4)
Division (O)(4) of this section applies to the assessments prescribed
by division (A) of section 3301.0710 and division (B)(2) of section
3301.0712 of the Revised Code.
Beginning
with the assessments administered in the spring of the 2025-2026
school year, the department shall determine which questions on each
assessment that are used to compute a student's score are a public
record, if any. The department shall determine which questions will
be needed for reuse on a future assessment and those questions shall
not be public records and shall be redacted from the assessment prior
to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted
village school district of the corresponding statewide academic
standard adopted under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The department
is not required to provide corresponding standards and benchmarks to
field test questions that are redacted under division (O)(3) of this
section.
(P)
As used in this section:
(1)
"Three-year average" means the average of the most recent
consecutive three school years of data.
(2)
"Dropout" means a student who withdraws from school before
completing course requirements for graduation and who is not enrolled
in an education program approved by the department or an education
program outside the state. "Dropout" does not include a
student who has departed the country.
(3)
"Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four years
earlier. Students who transfer into the district are added to the
calculation. Students who transfer out of the district for reasons
other than dropout are subtracted from the calculation. If a student
who was a dropout in any previous year returns to the same school
district, that student shall be entered into the calculation as if
the student had entered ninth grade four years before the graduation
year of the graduating class that the student joins.
(4)
"State scholarship programs" means the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program
established under section 3310.41 of the Revised Code, the Jon
Peterson special needs scholarship program established under sections
3310.51 to 3310.64 of the Revised Code, and the pilot project
scholarship program established under sections 3313.974 to 3313.979
of the Revised Code.
(5)
"Other public school" means a community school established
under Chapter 3314.
,
or
a STEM school established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code.
(6)
"English learner" has the same meaning as in section
3301.0731 of the Revised Code.
(7)
"Classical school" means a community school established
under Chapter 3314. of the Revised Code that is a member of the Ohio
classical school association, or its successor organization, and uses
a curriculum substantially similar to that of a nationally recognized
classical school network.
Sec.
3301.0712.
(A)
The department of education and workforce and the chancellor of
higher education shall develop a system of college and work ready
assessments as described in division (B) of this section to assess
whether each student upon graduating from high school is ready to
enter college or the workforce.
Beginning with students who enter the ninth grade for the first time
on or after July 1, 2014, the system shall replace the Ohio
graduation tests prescribed in division (B)(1) of section 3301.0710
of the Revised Code as a measure of student academic performance and
one determinant of eligibility for a high school diploma in the
manner prescribed by rule adopted under division (D) of this section.
(B)
The college and work ready assessment system shall consist of the
following:
(1)(a)
Except as provided in division (B)(1)(b) of this section, nationally
standardized assessments that measure college and career readiness
and are used for college admission. The assessments shall be selected
jointly by the department and the chancellor, and one of which shall
be selected by each school district or school to administer to its
students. The assessments prescribed under division (B)(1) of this
section shall be administered to all eleventh-grade students in the
spring of the school year.
(b)
Beginning with students who enter the ninth grade for the first time
on or after July 1, 2022, the parent or guardian of a student may
elect not to have a nationally standardized assessment administered
to that student. In that event, the student's school district or
school shall not administer the nationally standardized assessment to
that student.
(2)(a)
Except as provided in division (B)(2)(b) of this section, seven
end-of-course examinations, one in each of the areas of English
language arts I, English language arts II, science, Algebra I,
geometry, American history, and American government. The
end-of-course examinations shall be selected jointly by the
department and the chancellor in consultation with faculty in the
appropriate subject areas at institutions of higher education of the
university system of Ohio. Advanced placement examinations and
international baccalaureate examinations, as prescribed under section
3313.6013 of the Revised Code, in the areas of science, American
history, and American government may be used as end-of-course
examinations in accordance with division (B)(4)(a)(i) of this
section. Final course grades for courses taken under any other
advanced standing program, as prescribed under section 3313.6013 of
the Revised Code, in the areas of science, American history, and
American government may be used in lieu of end-of-course examinations
in accordance with division (B)(4)(a)(ii) of this section.
(b)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2019, five end-of-course examinations, one in each
areas of English language arts II, science, Algebra I, American
history, and American government. However, only the end-of-course
examinations in English language arts II and Algebra I shall be
required for graduation.
The
department shall, as necessary to implement division (B)(2)(b) of
this section, seek a waiver from the United States secretary of
education for testing requirements prescribed under federal law to
allow for the use and implementation of Algebra I as the primary
assessment of high school mathematics. If the department does not
receive a waiver under this division, the end-of-course examinations
for students described in division (B)(2)(b) of this section also
shall include an end-of-course examination in the area of geometry.
However, the geometry end-of-course examination shall not be required
for graduation.
(3)
The end-of-course examinations in American history and American
government shall require demonstration of mastery of the American
history and American government content for social studies standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code.
At
least twenty per cent of the end-of-course examination in American
government shall address the topics on American history and American
government described in division (M) of section 3313.603 of the
Revised Code.
(4)(a)
Notwithstanding anything to the contrary in this section, both of the
following shall apply:
(i)
If a student is enrolled in an appropriate advanced placement or
international baccalaureate course, that student shall take the
advanced placement or international baccalaureate examination in lieu
of the science, American history, or American government
end-of-course examinations prescribed under division (B)(2) of this
section. The department shall specify the score levels for each
advanced placement examination and international baccalaureate
examination for purposes of calculating the minimum cumulative
performance score that demonstrates the level of academic achievement
necessary to earn a high school diploma.
(ii)
If a student is enrolled in an appropriate course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, that student shall not be required to take the science,
American history, or American government end-of-course examination,
whichever is applicable, prescribed under division (B)(2) of this
section. Instead, that student's final course grade shall be used in
lieu of the applicable end-of-course examination prescribed under
that section. The department, in consultation with the chancellor,
shall adopt guidelines for purposes of calculating the corresponding
final course grades that demonstrate the level of academic
achievement necessary to earn a high school diploma.
Division
(B)(4)(a)(ii) of this section shall apply only to courses for which
students receive transcripted credit, as defined in section 3365.01
of the Revised Code. It shall not apply to remedial or developmental
courses.
(b)
No student shall take a substitute examination or examination
prescribed under division (B)(4)(a) of this section in place of the
end-of-course examinations in English language arts I, English
language arts II, Algebra I, or geometry prescribed under division
(B)(2) of this section.
(c)
The department shall consider additional assessments that may be used
as substitute examinations in lieu of the end-of-course examinations
prescribed under division (B)(2) of this section.
(5)
The department shall do all of the following:
(a)
Determine and designate at least five ranges of scores on each of the
end-of-course examinations prescribed under division (B)(2) of this
section, and substitute examinations prescribed under division (B)(4)
of this section. Not later than sixty days after the designation of
ranges of scores, the director of education and workforce shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider primary and
secondary education legislation regarding the designated range of
scores. Each range of scores shall be considered to demonstrate a
level of achievement so that any student attaining a score within
such range has achieved one of the following:
(i)
An advanced level of skill;
(ii)
An accomplished level of skill;
(iii)
A proficient level of skill;
(iv)
A basic level of skill;
(v)
A limited level of skill.
(b)
Determine a method by which to calculate a cumulative performance
score based on the results of a student's end-of-course examinations
or substitute examinations;
(c)
Determine the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma under division (A)(2) of section 3313.618 of the Revised
Code. However, no new minimum cumulative performance score shall be
determined after October 17, 2019.
(d)
Develop a table of corresponding score equivalents for the
end-of-course examinations and substitute examinations in order to
calculate student performance consistently across the different
examinations.
A
score of two on an advanced placement examination or a score of two
or three on an international baccalaureate examination shall be
considered equivalent to a proficient level of skill as specified
under division (B)(5)(a)(iii) of this section.
(6)(a)
A
student who meets both of the following conditions shall not be
required to take an end-of-course examination:
(i)
The student received high school credit prior to July 1, 2015, for a
course for which the end-of-course examination is prescribed.
(ii)
The examination was not available for administration prior to July 1,
2015.
Receipt
of credit for the course described in division (B)(6)(a)(i) of this
section shall satisfy the requirement to take the end-of-course
examination. A student exempted under division (B)(6)(a) of this
section may take the applicable end-of-course examination at a later
date.
(b)
For purposes of determining whether a student who is exempt from
taking an end-of-course examination under division (B)(6)(a) of this
section has attained the cumulative score prescribed by division
(B)(5)(c) of this section, such student shall select either of the
following:
(i)
The student is considered to have attained a proficient score on the
end-of-course examination from which the student is exempt;
(ii)
The student's final course grade shall be used in lieu of a score on
the end-of-course examination from which the student is exempt.
The
department, in consultation with the chancellor, shall adopt
guidelines for purposes of calculating the corresponding final course
grades and the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma.
(7)(a)
Notwithstanding
anything to the contrary in this section, the department may replace
the algebra I end-of-course examination prescribed under division
(B)(2) of this section with an algebra II end-of-course examination
,
beginning with the 2016-2017 school year for students who enter ninth
grade on or after July 1, 2016
.
(b)
If the department replaces the algebra I end-of-course examination
with an algebra II end-of-course examination as authorized under
division
(B)(7)(a)
(B)(6)(a)
of this section, both of the following shall apply:
(i)
A student who is enrolled in an advanced placement or international
baccalaureate course in algebra II shall take the advanced placement
or international baccalaureate examination in lieu of the algebra II
end-of-course examination.
(ii)
A student who is enrolled in an algebra II course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, shall not be required to take the algebra II
end-of-course examination. Instead, that student's final course grade
shall be used in lieu of the examination.
(c)
If a school district or school utilizes an integrated approach to
mathematics instruction, the district or school may do either or both
of the following:
(i)
Administer an integrated mathematics I end-of-course examination in
lieu of the prescribed algebra I end-of-course examination;
(ii)
Administer an integrated mathematics II end-of-course examination in
lieu of the prescribed geometry end-of-course examination.
(8)(a)
For students entering the ninth grade for the first time on or after
July 1, 2014, but prior to July 1, 2015, the assessment in the area
of science shall be physical science or biology. For students
entering the ninth grade for the first time on or after July 1, 2015,
the
(7)
The
assessment
in the area of science shall be biology.
(b)
Until July 1, 2019, the department shall make available the
end-of-course examination in physical science for students who
entered the ninth grade for the first time on or after July 1, 2014,
but prior to July 1, 2015, and who wish to retake the examination.
(c)
The department shall adopt rules prescribing the requirements for the
end-of-course examination in science for students who entered the
ninth grade for the first time on or after July 1, 2014, but prior to
July 1, 2015, and who have not met the requirement prescribed by
section 3313.618 of the Revised Code by July 1, 2019, due to a
student's failure to satisfy division (A)(2) of section 3313.618 of
the Revised Code.
(9)
(8)
The department shall not develop or administer an end-of-course
examination in the area of world history.
(10)
(9)
The department, in consultation with the chancellor and the
governor's office of workforce transformation, shall determine a
competency score for both of the Algebra I and English language arts
II end-of-course examinations for the purpose of graduation
eligibility.
(C)
The department shall convene a group of national experts, state
experts, and local practitioners to provide advice, guidance, and
recommendations for the alignment of standards and model curricula to
the assessments and in the design of the end-of-course examinations
prescribed by this section.
(D)
Upon completion of the development of the assessment system, the
department shall adopt rules prescribing all of the following:
(1)
A timeline and plan for implementation of the assessment system,
including a phased implementation if the department determines such a
phase-in is warranted;
(2)
The date after which a person shall meet the requirements of the
entire assessment system as a prerequisite for a diploma of adult
education under section 3313.611 of the Revised Code;
(3)
Whether and the extent to which a person may be excused from an
American history end-of-course examination and an American government
end-of-course examination under division
(H)
(G)
of
section 3313.61 and division (B)(3) of section 3313.612 of the
Revised Code;
(4)
The date after which a person who has fulfilled the curriculum
requirement for a diploma but has not passed one or more of the
required assessments at the time the person fulfilled the curriculum
requirement shall meet the requirements of the entire assessment
system as a prerequisite for a high school diploma under division (B)
of section 3313.614 of the Revised Code;
(5)
The extent to which the assessment system applies to students
enrolled in a dropout prevention and recovery program for purposes of
division (F) of section 3313.603 or a dropout prevention and recovery
community school under section 3314.36 of the Revised Code.
(E)(1)
Any person enrolled in a nonchartered nonpublic school or any person
who is exempt from attendance at school for the purpose of home
education under section 3321.042 of the Revised Code may choose to
participate in the system of assessments administered under divisions
(B)(1) and (2) of this section. However, no such person shall be
required to participate in the system of assessments.
(2)
The department shall adopt rules for the administration and scoring
of any assessments under division (E)(1) of this section.
(F)
The department shall select at least one nationally recognized job
skills assessment. Each school district shall administer that
assessment to those students who opt to take it. The department shall
reimburse a school district for the costs of administering that
assessment. The department shall establish the minimum score a
student must attain on the job skills assessment in order to
demonstrate a student's workforce readiness and employability. The
administration of the job skills assessment to a student under this
division shall not exempt a school district from administering the
assessments prescribed in division (B) of this section to that
student.
Sec.
3301.0714.
(A)
The department of education and workforce shall adopt rules for a
statewide education management information system. The rules shall
require the department to establish guidelines for the establishment
and maintenance of the system in accordance with this section and the
rules adopted under this section. The guidelines shall include:
(1)
Standards identifying and defining the types of data in the system in
accordance with divisions (B) and (C) of this section;
(2)
Procedures for annually collecting and reporting the data to the
department in accordance with division (D) of this section;
(3)
Procedures for annually compiling the data in accordance with
division (G) of this section;
(4)
Procedures for annually reporting the data to the public in
accordance with division (H) of this section;
(5)
Standards to provide strict safeguards to protect the confidentiality
of personally identifiable student data.
(B)
The guidelines adopted under this section shall require the data
maintained in the education management information system to include
at least the following:
(1)
Student participation and performance data, for each grade in each
school district as a whole and for each grade in each school building
in each school district, that includes:
(a)
The numbers of students receiving each category of instructional
service offered by the school district, such as regular education
instruction, vocational education instruction, specialized
instruction programs or enrichment instruction that is part of the
educational curriculum, instruction for gifted students, instruction
for students with disabilities, and remedial instruction. The
guidelines shall require instructional services under this division
to be divided into discrete categories if an instructional service is
limited to a specific subject, a specific type of student, or both,
such as regular instructional services in mathematics, remedial
reading instructional services, instructional services specifically
for students gifted in mathematics or some other subject area, or
instructional services for students with a specific type of
disability. The categories of instructional services required by the
guidelines under this division shall be the same as the categories of
instructional services used in determining cost units pursuant to
division (C)(3) of this section.
(b)
The numbers of students receiving support or extracurricular services
for each of the support services or extracurricular programs offered
by the school district, such as counseling services, health services,
and extracurricular sports and fine arts programs. The categories of
services required by the guidelines under this division shall be the
same as the categories of services used in determining cost units
pursuant to division (C)(4)(a) of this section.
(c)
Average student grades in each subject in grades nine through twelve;
(d)
Academic achievement levels as assessed under sections 3301.0710,
3301.0711, and 3301.0712 of the Revised Code;
(e)
The number of students designated as having a disabling condition
pursuant to division (C)(1) of section 3301.0711 of the Revised Code;
(f)
The numbers of students reported to the department pursuant to
division (C)(2) of section 3301.0711 of the Revised Code;
(g)
Attendance rates and the average daily attendance for the year. For
purposes of this division, a student shall be counted as present for
any field trip that is approved by the school administration.
(h)
Expulsion rates;
(i)
Suspension rates;
(j)
Dropout rates;
(k)
Rates of retention in grade;
(l)
For pupils in grades nine through twelve, the average number of
carnegie units, as calculated in accordance with the director's
rules;
(m)
Graduation rates, to be calculated in a manner specified by the
department that reflects the rate at which students who were in the
ninth grade three years prior to the current year complete school and
that is consistent with nationally accepted reporting requirements;
(n)
Results of diagnostic assessments described in division (A)(1) of
section 3301.0715 of the Revised Code;
(o)
The number of students earning each state diploma seal included in
the system prescribed under division (A) of section 3313.6114 of the
Revised Code;
(p)
The number of students demonstrating competency for graduation using
each option described in divisions (B)(1)(a) to (d) of section
3313.618 of the Revised Code;
(q)
The number of students completing each foundational and supporting
option as part of the demonstration of competency for graduation
pursuant to division (B)(1)(b) of section 3313.618 of the Revised
Code;
(r)
The number of students enrolled in all-day kindergarten, as defined
in section 3321.05 of the Revised Code.
(2)
Personnel and classroom enrollment data for each school district,
including:
(a)
The total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category of instructional
service, instructional support service, and administrative support
service used pursuant to division (C)(3) of this section. The
guidelines adopted under this section shall require these categories
of data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade in
each school building.
(b)
The total number of employees and the number of full-time equivalent
employees providing each category of service used pursuant to
divisions (C)(4)(a) and (b) of this section, and the total numbers of
licensed employees and nonlicensed employees and the numbers of
full-time equivalent licensed employees and nonlicensed employees
providing each category used pursuant to division (C)(4)(c) of this
section. The guidelines adopted under this section shall require
these categories of data to be maintained for the school district as
a whole and, wherever applicable, for each grade in the school
district as a whole, for each school building as a whole, and for
each grade in each school building.
(c)
The total number of regular classroom teachers teaching classes of
regular education and the average number of pupils enrolled in each
such class, in each of grades kindergarten through five in the
district as a whole and in each school building in the school
district.
(d)
The number of lead teachers employed by each school district and each
school building.
(3)(a)
Student demographic data for each school district, including
information regarding the gender ratio of the school district's
pupils, the racial make-up of the school district's pupils, the
number of English learners in the district, and an appropriate
measure of the number of the school district's pupils who reside in
economically disadvantaged households. The demographic data shall be
collected in a manner to allow correlation with data collected under
division (B)(1) of this section. Categories for data collected
pursuant to division (B)(3) of this section shall conform, where
appropriate, to standard practices of agencies of the federal
government.
(b)
With respect to each student entering kindergarten, whether the
student previously participated in a public preschool program, a
private preschool program, or a head start program, and the number of
years the student participated in each of these programs.
(4)(a)
The core curriculum and instructional materials being used for
English language arts in each of grades pre-kindergarten to five;
(b)
The reading intervention programs being used in each of grades
pre-kindergarten to twelve.
(5)
Any data required to be collected pursuant to federal law.
(C)
The education management information system shall include cost
accounting data for each district as a whole and for each school
building in each school district. The guidelines adopted under this
section shall require the cost data for each school district to be
maintained in a system of mutually exclusive cost units and shall
require all of the costs of each school district to be divided among
the cost units. The guidelines shall require the system of mutually
exclusive cost units to include at least the following:
(1)
Administrative costs for the school district as a whole. The
guidelines shall require the cost units under this division (C)(1) to
be designed so that each of them may be compiled and reported in
terms of average expenditure per pupil in enrolled ADM in the school
district, as determined pursuant to section 3317.03 of the Revised
Code.
(2)
Administrative costs for each school building in the school district.
The guidelines shall require the cost units under this division
(C)(2) to be designed so that each of them may be compiled and
reported in terms of average expenditure per full-time equivalent
pupil receiving instructional or support services in each building.
(3)
Instructional services costs for each category of instructional
service provided directly to students and required by guidelines
adopted pursuant to division (B)(1)(a) of this section. The
guidelines shall require the cost units under division (C)(3) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:
(a)
The cost of each instructional services category required by
guidelines adopted under division (B)(1)(a) of this section that is
provided directly to students by a classroom teacher;
(b)
The cost of the instructional support services, such as services
provided by a speech-language pathologist, classroom aide, multimedia
aide, or librarian, provided directly to students in conjunction with
each instructional services category;
(c)
The cost of the administrative support services related to each
instructional services category, such as the cost of personnel that
develop the curriculum for the instructional services category and
the cost of personnel supervising or coordinating the delivery of the
instructional services category.
(4)
Support or extracurricular services costs for each category of
service directly provided to students and required by guidelines
adopted pursuant to division (B)(1)(b) of this section. The
guidelines shall require the cost units under division (C)(4) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:
(a)
The cost of each support or extracurricular services category
required by guidelines adopted under division (B)(1)(b) of this
section that is provided directly to students by a licensed employee,
such as services provided by a guidance counselor or any services
provided by a licensed employee under a supplemental contract;
(b)
The cost of each such services category provided directly to students
by a nonlicensed employee, such as janitorial services, cafeteria
services, or services of a sports trainer;
(c)
The cost of the administrative services related to each services
category in division (C)(4)(a) or (b) of this section, such as the
cost of any licensed or nonlicensed employees that develop,
supervise, coordinate, or otherwise are involved in administering or
aiding the delivery of each services category.
(D)(1)
The guidelines adopted under this section shall require school
districts to collect information about individual students, staff
members, or both in connection with any data required by division (B)
or (C) of this section or other reporting requirements established in
the Revised Code. The guidelines may also require school districts to
report information about individual staff members in connection with
any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines shall not authorize school districts to request social
security numbers of individual students. The guidelines shall
prohibit the reporting under this section of a student's name,
address, and social security number to the department. The guidelines
shall also prohibit the reporting under this section of any
personally identifiable information about any student, except for the
purpose of assigning the data verification code required by division
(D)(2) of this section, to any other person unless such person is
employed by the school district or the information technology center
operated under section 3301.075 of the Revised Code and is authorized
by the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
department from providing a student's county of residence to the
department of taxation to facilitate the distribution of tax revenue.
(2)(a)
The guidelines shall provide for each school district or community
school to assign a data verification code that is unique on a
statewide basis over time to each student whose initial Ohio
enrollment is in that district or school and to report all required
individual student data for that student utilizing such code. The
guidelines shall also provide for assigning data verification codes
to all students enrolled in districts or community schools on the
effective date of the guidelines established under this section. The
assignment of data verification codes for other entities, as
described in division (D)(2)(d) of this section, the use of those
codes, and the reporting and use of associated individual student
data shall be coordinated by the department of education and
workforce in accordance with state and federal law.
School
districts shall report individual student data to the department
through the information technology centers utilizing the code. The
entities described in division (D)(2)(d) of this section shall report
individual student data to the department in the manner prescribed by
the department.
(b)(i)
Except as provided in sections 3301.941, 3310.11, 3310.42, 3310.63,
3313.978, 3317.20, and 5747.057 of the Revised Code, and in division
(D)(2)(b)(ii) of this section, at no time shall the department have
access to information that would enable any data verification code to
be matched to personally identifiable student data.
(ii)
For the purpose of making per-pupil payments to community schools
under section 3317.022 of the Revised Code, the department shall have
access to information that would enable any data verification code to
be matched to personally identifiable student data.
(c)
Each school district and community school shall ensure that the data
verification code is included in the student's records reported to
any subsequent school district, community school, or state
institution of higher education, as defined in section 3345.011 of
the Revised Code, in which the student enrolls. Any such subsequent
district or school shall utilize the same identifier in its reporting
of data under this section.
(d)(i)
The director of any state agency that administers a publicly funded
program providing services to children who are younger than
compulsory school age, as defined in section 3321.01 of the Revised
Code, including the directors of health, job and family services,
mental
health and addiction services
behavioral
health
,
children and youth, and developmental disabilities, shall request and
receive, pursuant to sections 3301.0723 and 5180.33 of the Revised
Code, a data verification code for a child who is receiving those
services.
(ii)
The director of developmental disabilities, director of health,
director of job and family services, director of children and youth,
director of
mental
health and addiction services
behavioral
health
,
medicaid director, executive director of the commission on minority
health, executive director of the opportunities for Ohioans with
disabilities agency, or director of education and workforce, on
behalf of a program that receives public funds and provides services
to children who are younger than compulsory school age, may request
and receive, pursuant to section 3301.0723 of the Revised Code, a
data verification code for a child who is receiving services from the
program.
(E)
The guidelines adopted under this section may require school
districts to collect and report data, information, or reports other
than that described in divisions (A), (B), and (C) of this section
for the purpose of complying with other reporting requirements
established in the Revised Code. The other data, information, or
reports may be maintained in the education management information
system but are not required to be compiled as part of the profile
formats required under division (G) of this section or the annual
statewide report required under division (H) of this section.
(F)
The board of education of each school district shall annually collect
and report to the department, in accordance with the guidelines
established by the department, the data required pursuant to this
section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G)
The department shall, in accordance with the procedures it adopts,
annually compile the data reported by each school district pursuant
to division (D) of this section. The department shall design formats
for profiling each school district as a whole and each school
building within each district and shall compile the data in
accordance with these formats. These profile formats shall:
(1)
Include all of the data gathered under this section in a manner that
facilitates comparison among school districts and among school
buildings within each school district;
(2)
Present the data on academic achievement levels as assessed by the
testing of student achievement maintained pursuant to division
(B)(1)(d) of this section.
(H)(1)
The department shall, in accordance with the procedures it adopts,
annually prepare a statewide report for all school districts and the
general public that includes the profile of each of the school
districts developed pursuant to division (G) of this section. Copies
of the report shall be sent to each school district.
(2)
The department shall, in accordance with the procedures it adopts,
annually prepare an individual report for each school district and
the general public that includes the profiles of each of the school
buildings in that school district developed pursuant to division (G)
of this section.
(I)
Any data that is collected or maintained pursuant to this section and
that identifies an individual pupil is not a public record for the
purposes of section 149.43 of the Revised Code.
(J)
As used in this section:
(1)
"School district" means any city, local, exempted village,
or joint vocational school district and, in accordance with section
3314.17 of the Revised Code, any community school. As used in
division (L) of this section, "school district" also
includes any educational service center or other educational entity
required to submit data using the system established under this
section.
(2)
"Cost" means any expenditure for operating expenses made by
a school district excluding any expenditures for debt retirement
except for payments made to any commercial lending institution for
any loan approved pursuant to section 3313.483 of the Revised Code
.
(K)
Any person who removes data from the information system established
under this section for the purpose of releasing it to any person not
entitled under law to have access to such information is subject to
section 2913.42 of the Revised Code prohibiting tampering with data.
(L)(1)
In accordance with division (L)(2) of this section and the rules
adopted under division (L)(10) of this section, the department may
sanction any school district that reports incomplete or inaccurate
data, reports data that does not conform to data requirements and
descriptions published by the department, fails to report data in a
timely manner, or otherwise does not make a good faith effort to
report data as required by this section.
(2)
If the department decides to sanction a school district under this
division, the department shall take the following sequential actions:
(a)
Notify the district in writing that the department has determined
that data has not been reported as required under this section and
require the district to review its data submission and submit
corrected data by a deadline established by the department. The
department also may require the district to develop a corrective
action plan, which shall include provisions for the district to
provide mandatory staff training on data reporting procedures.
(b)
Withhold up to ten per cent of the total amount of state funds due to
the district for the current fiscal year and, if not previously
required under division (L)(2)(a) of this section, require the
district to develop a corrective action plan in accordance with that
division;
(c)
Withhold an additional amount of up to twenty per cent of the total
amount of state funds due to the district for the current fiscal
year;
(d)
Direct department staff or an outside entity to investigate the
district's data reporting practices and make recommendations for
subsequent actions. The recommendations may include one or more of
the following actions:
(i)
Arrange for an audit of the district's data reporting practices by
department staff or an outside entity;
(ii)
Conduct a site visit and evaluation of the district;
(iii)
Withhold an additional amount of up to thirty per cent of the total
amount of state funds due to the district for the current fiscal
year;
(iv)
Continue monitoring the district's data reporting;
(v)
Assign department staff to supervise the district's data management
system;
(vi)
Conduct an investigation to determine whether to suspend or revoke
the license of any district employee in accordance with division (N)
of this section;
(vii)
If the district is issued a report card under section 3302.03 of the
Revised Code, indicate on the report card that the district has been
sanctioned for failing to report data as required by this section;
(viii)
If the district is issued a report card under section 3302.03 of the
Revised Code and incomplete or inaccurate data submitted by the
district likely caused the district to receive a higher performance
rating than it deserved under that section, issue a revised report
card for the district;
(ix)
Any other action designed to correct the district's data reporting
problems.
(3)
Any time the department takes an action against a school district
under division (L)(2) of this section, the department shall make a
report of the circumstances that prompted the action. The department
shall send a copy of the report to the district superintendent or
chief administrator and maintain a copy of the report in its files.
(4)
If any action taken under division (L)(2) of this section resolves a
school district's data reporting problems to the department's
satisfaction, the department shall not take any further actions
described by that division. If the department withheld funds from the
district under that division, the department may release those funds
to the district, except that if the department withheld funding under
division (L)(2)(c) of this section, the department shall not release
the funds withheld under division (L)(2)(b) of this section and, if
the department withheld funding under division (L)(2)(d) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) or (c) of this section.
(5)
Notwithstanding anything in this section to the contrary, the
department may use its own staff or an outside entity to conduct an
audit of a school district's data reporting practices any time the
department has reason to believe the district has not made a good
faith effort to report data as required by this section. If any audit
conducted by an outside entity under division (L)(2)(d)(i) or (5) of
this section confirms that a district has not made a good faith
effort to report data as required by this section, the district shall
reimburse the department for the full cost of the audit. The
department may withhold state funds due to the district for this
purpose.
(6)
Prior to issuing a revised report card for a school district under
division (L)(2)(d)(viii) of this section, the department may hold a
hearing to provide the district with an opportunity to demonstrate
that it made a good faith effort to report data as required by this
section. The hearing shall be conducted by a referee appointed by the
department. Based on the information provided in the hearing, the
referee shall recommend whether the department should issue a revised
report card for the district. If the referee affirms the department's
contention that the district did not make a good faith effort to
report data as required by this section, the district shall bear the
full cost of conducting the hearing and of issuing any revised report
card.
(7)
If the department determines that any inaccurate data reported under
this section caused a school district to receive excess state funds
in any fiscal year, the district shall reimburse the department an
amount equal to the excess funds, in accordance with a payment
schedule determined by the department. The department may withhold
state funds due to the district for this purpose.
(8)
Any school district that has funds withheld under division (L)(2) of
this section may appeal the withholding in accordance with Chapter
119. of the Revised Code.
(9)
In all cases of a disagreement between the department and a school
district regarding the appropriateness of an action taken under
division (L)(2) of this section, the burden of proof shall be on the
district to demonstrate that it made a good faith effort to report
data as required by this section.
(10)
The director of education and workforce shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M)
No information technology center or school district shall acquire,
change, or update its student administration software package to
manage and report data required to be reported to the department
unless it converts to a student software package that is certified by
the department.
(N)
The state board of education, in accordance with sections 3319.31 and
3319.311 of the Revised Code, may suspend or revoke a license as
defined under division (A) of section 3319.31 of the Revised Code
that has been issued to any school district employee found to have
willfully reported erroneous, inaccurate, or incomplete data to the
education management information system.
(O)
No person shall release or maintain any information about any student
in violation of this section. Whoever violates this division is
guilty of a misdemeanor of the fourth degree.
(P)
If the department cannot compile any of the information required by
division
(I)
(H)
of section 3302.03 of the Revised Code based upon the data collected
under this section, the department shall develop a plan and a
reasonable timeline for the collection of any data necessary to
comply with that division.
Sec.
3301.0715.
(A)(1)
The board of education of each city, local, and exempted village
school district shall administer a diagnostic assessment in reading
and mathematics adopted or approved in accordance with section
3301.079 of the Revised Code to the following:
(a)
Each student enrolled in kindergarten, first, second, or third grade.
(b)
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)
The district shall administer the kindergarten readiness assessment
to each kindergarten student not earlier than the first day of July
of the school year in which the student is enrolled in kindergarten
and not later than the twentieth day of instruction of that school
year. In no case shall the results of the readiness assessment be
used to prohibit a student from enrolling in kindergarten.
(B)
Each district board shall administer each diagnostic assessment
described in division (A)(1) of this section at least once annually
by the thirtieth day of September to all students in the appropriate
grade level. The board shall administer a diagnostic assessment to a
student with a significant cognitive disability in accordance with
guidelines adopted by the department of education and workforce. A
district board may administer any diagnostic assessment 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)
Each district board shall utilize and score the kindergarten
readiness assessment in accordance with rules established by the
department of children and youth and shall utilize and score each
diagnostic assessment described in division (A)(1) of this section in
accordance with rules established by the department of education and
workforce. After the administration of the kindergarten readiness
assessment or a diagnostic assessment described in division (A)(1) of
this section, each district shall provide a student's completed
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student. The district shall include
all such documents and information related to a diagnostic assessment
described in division (A)(1) of this section 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 assessments administered under this
section as follows:
(1)
The results of the kindergarten readiness assessment to the
department of children and youth;
(2)
The results of all diagnostic assessments described in division
(A)(1) of this section to the department of education and workforce
pursuant to section 3301.0714 of the Revised Code.
The
department of children and youth may report school and district level
kindergarten readiness assessment data. The department of education
and workforce may report data from any diagnostic assessment
described in division (A)(1) of this section and may use that data to
calculate the
measures
measure
prescribed
by
divisions
(B)(1)(g), (C)(1)(g), and (D)(1)(h)
division
(A)(8)
of section 3302.03 of the Revised Code.
(D)
Each district board shall provide intervention services to students
whose diagnostic assessments described in division (A)(1) of this
section show that they are failing to make satisfactory progress
toward attaining the academic standards for their grade level.
(E)
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 and, that for the
purpose of reporting the data to the department, 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 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 (C) of this section.
(F)
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.
(G)
As used in this section, "kindergarten readiness assessment"
means the diagnostic assessment provided by the department of
children and youth under section 5104.52 of the Revised Code.
Sec.
3301.0716.
Notwithstanding
division (D) of section 3301.0714 of the Revised Code, the department
of education and workforce may have access to personally identifiable
information about any student under the following circumstances:
(A)
An entity with which the department contracts for the scoring of
assessments administered under section 3301.0711 or 3301.0712 of the
Revised Code has notified the department that the student's written
response to a question on an assessment included threats or
descriptions of harm to another person or the student's self and the
information is necessary to enable the department to identify the
student for purposes of notifying the school district or school in
which the student is enrolled of the potential for harm.
(B)
The department requests the information to respond to an appeal from
a school district or school for verification of the accuracy of the
student's score on an assessment administered under section 3301.0711
or 3301.0712 of the Revised Code.
(C)
The department requests the information to determine whether the
student satisfies the alternative conditions for a high school
diploma prescribed in section 3313.615 of the Revised Code.
Sec.
3301.0730.
(A)
As used in this section:
(1)
"Education management information system" means the
integrated system of statewide data collecting, reporting, and
compiling for school districts and schools prescribed under section
3301.0714 of the Revised Code.
(2)
"EMIS guidelines" means
any
guidance
the
manual
issued
by the department of education and workforce containing
uniform and consistent instructions for reporting
the student, staff, and financial information to be collected
and
reported
through
the education management information system
,
along
with
including
data-element
definitions, procedures, and
guidelines necessary to implement the education management
information system
requirements for the submission, review, validation, and correction
of data
.
(B)
The department shall develop a procedure that permits users of the
education management information system to review and provide comment
on new or updated EMIS guidelines. The procedure shall satisfy all of
the following conditions:
(1)
The department shall post a copy of the proposed new or updated EMIS
guidelines on the department's web site. The department shall solicit
comment from EMIS users on the proposed guidelines for thirty
consecutive days.
(2)
The department shall respond to comments provided by users and may
revise the proposed new or updated EMIS guidelines based on comments
provided by users within thirty consecutive days after the comment
period closes.
(3)
The department shall post the final new or updated EMIS guidelines on
its web site at the end of the response period for thirty consecutive
days for a final review by EMIS users. The new or updated guidelines
shall take effect after that period ends.
(C)
Except as provided in division (D) of this section, if the department
develops new or updated EMIS guidelines to implement a program,
initiative, or policy, the department shall use the procedures
prescribed under division (B) of this section. The department shall
initiate the procedures not later than the fifteenth day of May
immediately prior to the beginning of the school year for which the
new or updated EMIS guidelines will be effective.
(D)
On
and after June 1, 2021, the
The
department
shall use the procedure prescribed under division (B) of this section
for any new or updated EMIS guidelines developed by the department
for the purposes of implementing any of the following:
(1)
A newly enacted state or federal law
that takes effect more than ninety days after the date of enactment
;
(2)
A new or updated federal rule;
(3)
A rule adopted by the department.
(E)
The department shall not be required to use the procedure prescribed
under division (B) of this section when
issuing
doing
any
of the following:
(1)
Updated
Updating
EMIS
guidelines to address issues that are not substantive, such as
correcting grammatical errors;
(2)
Updated
Updating
EMIS
guidelines to address
unforeseen
technical
errors;
(3)
Supplemental
Issuing
supplemental
documents
regarding
designed
to assist school districts and schools in understanding and using
EMIS
guidelines and the education management information system, including
documents that do any of the following:
(a)
Clarify the implementation of EMIS guidelines;
(b)
Answer questions submitted by users of the education management
system;
(c)
Provide training regarding the education management information
system
;
(4)
Creating or updating EMIS guidelines to implement a newly enacted
state or federal law that takes effect not more than ninety days
after the date of enactment;
(5)
Removing data items from EMIS guidelines to reduce the reporting
burden on districts and schools
.
(F)
Additionally, the department shall establish both of the following:
(1)
Uniform guidance for career-technical planning districts and
information technology centers established under section 3301.075 of
the Revised Code regarding the education management information
system and EMIS guidelines for career-technical planning districts;
(2)
Uniform training programs for all personnel employed by the
department to administer the education management information system.
Sec.
3301.111.
(A)
The state board of education is responsible for the adoption of
requirements for educator licensure, licensee disciplinary actions,
school district territory transfer determinations, and such other
powers and duties expressly prescribed for the state board under the
law, including in sections 3301.071, 3301.074,
3301.28,
3302.151,
3314.40, 3326.24,
3328.19,
and
Chapters 3311. and 3319. of the Revised Code. In exercising any of
its powers or duties, including adopting rules prescribing license
requirements, the state board is subject to Chapter 119. of the
Revised Code.
(B)
The state board shall make recommendations to the director of
education and workforce regarding priorities for primary and
secondary education. The state board may request the assistance of
the department of education and workforce in exercising the state
board's powers and duties. To the extent the director determines such
assistance necessary and practicable, the department shall provide
the requested assistance.
To
best serve the interests of primary and secondary education and
workforce development in the state of Ohio, and to maximize
efficiencies and operations, the state board of education and the
department of education and workforce may exchange necessary
information and documentation upon request to enable both agencies to
effectively perform their functions under state or federal law,
including sharing information that is proprietary to the agency or
confidential. The agency receiving proprietary or confidential
information shall not disclose the information and shall adopt
safeguards to prevent disclosure.
(C)
The state board shall appoint the superintendent of public
instruction in accordance with Ohio Constitution, Article VI, Section
4 and section 3301.08 of the Revised Code. The state superintendent
shall be the secretary of the state board and its executive officer
in accordance with sections 3301.09 and 3301.11 of the Revised Code.
The state superintendent may serve as an advisor to the director.
(D)
The state board shall employ such personnel as it determines
necessary to carry out its duties and powers. Subject to the state
board's policies, rules, and regulations, the state superintendent
shall exercise general supervision of the state board's employees, as
prescribed in section 3301.11 of the Revised Code, and may appoint,
fix the salary, and terminate the employment of such employees.
(E)
The state board is subject to all provisions of law pertaining to
departments, offices, or institutions established for the exercise of
any function of the state government, except that it is not one of
the departments provided for under division (A) of section 121.01 of
the Revised Code.
(F)
The headquarters of the state board shall be at the seat of
government, where office space suitable and adequate for the work of
the state board shall be provided by the appropriate state agency.
There the state board shall meet and transact its business, unless
the state board chooses to meet elsewhere in Ohio as provided by
section 3301.04 of the Revised Code. There the records of the state
board and the records, papers, and documents belonging to the state
board shall be kept in charge of the state superintendent.
Sec.
3301.12.
(A)
The director of education and workforce, in addition to the authority
otherwise imposed on the director, shall perform the following
duties:
(1)
Provide technical and professional assistance and advice to all
school districts in reference to all aspects of education, including
finance, buildings and equipment, administration, organization of
school districts, curriculum and instruction, transportation of
pupils, personnel problems, and the interpretation of school laws and
state regulations;
(2)
Prescribe and require the preparation and filing of such financial
and other reports from school districts, officers, and employees as
are necessary or proper. The director shall prescribe and require the
installation by school districts of such standardized reporting forms
and accounting procedures as are essential to the businesslike
operations of the public schools of the state.
(3)
Conduct such studies and research projects as are necessary or
desirable for the improvement of public school education in Ohio.
Such studies and projects may include analysis of data contained in
the education management information system established under section
3301.0714 of the Revised Code. For any study or project that requires
the analysis of individual student data, the department of education
and workforce or any entity with which the director or department
contracts to conduct the study or project shall maintain the
confidentiality of student data at all times. For this purpose, the
department or contracting entity shall use the data verification code
assigned pursuant to division (D)(2) of section 3301.0714 of the
Revised Code for each student whose data is analyzed. Except as
otherwise provided in division (D)(1) of section 3301.0714 of the
Revised Code, at no time shall the director, the department, the
state board of education, or any entity conducting a study or
research project on the director's behalf have access to a student's
name, address, or social security number while analyzing individual
student data.
(4)
Prepare
and submit annually a report of the activities of the department and
the status, problems, and needs of education in the state;
(5)
Supervise all agencies over which the department exercises
administrative control, including schools for education of persons
with disabilities;
(6)
(5)
In accordance with section 3333.048 of the Revised Code, the
director, jointly with the chancellor of higher education, shall
establish metrics and courses of study for institutions of higher
education that prepare educators and other school personnel and shall
provide for inspection of those institutions.
(B)
The director may annually inspect and analyze the expenditures of
each school district and make a determination as to the efficiency of
each district's costs, relative to other school districts in the
state, for instructional, administrative, and student support
services. The director shall notify each school district as to the
nature of, and reasons for, the determination. The director shall
adopt rules in accordance with Chapter 119. of the Revised Code
setting forth the procedures and standards for the performance of the
inspection and analysis.
Sec.
3301.133.
As
used in this section, "form" means any report, document,
paper, computer software program, or other instrument used in the
management information system created by section 3301.0714 of the
Revised Code or used to gather required or requested education data
under division
(I)
(H)
of section 3301.07 of the Revised Code or any other provision of
state or federal statute or rule.
(A)
The organization of the department of education and workforce shall
include an identifiable organizational unit that deals with the
management of any education data that the department gathers,
processes, uses, or reports. The director of education and workforce
shall assign employees to this unit or employ persons for this unit
who are trained and experienced in data management and the design of
forms and who understand the data needs of the department. The
director shall provide a sufficient number of such employees for the
unit to perform its duties in an effective and timely manner.
(B)
The unit established pursuant to division (A) of this section shall:
(1)
Review each new form or modification of any existing form that the
department proposes to put into use. In conducting the review of any
form, the unit shall evaluate it utilizing at least the criteria
specified under division (C) of this section. The unit shall report
in writing to the director whether the form satisfies the criteria
specified under division (C) of this section, and if not, the reasons
why it does not. Each report shall include recommendations regarding
the simplification, consolidation, or elimination of the proposed
form or any other forms related to the proposed form that would
enable all the criteria specified under division (C) of this section
to be met.
(2)
Regularly contact and seek to work with other state and federal
agencies that collect and use education data for the purpose of
increasing the efficiency and coordination of data collection;
(3)
Perform any other duties assigned by the director.
(C)
In conducting the review of any form pursuant to division (B)(1) of
this section, the unit established under division (A) of this section
shall determine whether the following criteria are satisfied:
(1)
Each data item on the form does not duplicate data already submitted
to the department.
(2)
The form cannot be consolidated with any other form required by the
department.
(3)
The form is required to be submitted no more often than necessary and
no sooner than reasonably necessary prior to the date on which the
data reported on the form will be initially used.
(4)
The stated purpose of the form cannot be met as part of any other
procedure, such as a verification or certification procedure or other
reporting procedure.
(5)
If the form or any data item on the form is attributed to any
requirement of state statute, federal statute or rule, or any court,
the form or data item is limited to the data that the statute, rule,
or court requires.
(6)
If the form or any data item on the form is attributed to the
requirements of any research or of any process of auditing school
districts for compliance with any requirement, the research is
planned or currently taking place or the compliance is currently
required.
(7)
The form is designed in a way that minimizes the cost of completing
it.
(8)
The form includes instructions that clearly explain how to complete
it, who will use the data reported on it, and whom to contact with
questions about completing the form or the use of the data reported
on it.
Sec.
3301.45.
(A)
Not later than the thirtieth day of September of each year, the
department of education and workforce shall distribute to all public
high schools the information provided by the director of job and
family services on the online education and career planning tool
developed under section 6301.15 of the Revised Code.
(B)
Annually, the department shall survey high school administrators and
guidance counselors regarding their use of the online planning tool
and provide the results of the survey to the director of job and
family services to support future refinements and improvements to the
online planning tool.
As
used in this section, "public high school" means a school
that serves students in any of grades nine through twelve and is
operated by a school district
or
,
a
community school established under Chapter 3314. of the Revised Code
,
or
a STEM school established under Chapter 3326. of the Revised Code
,
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code
.
Sec.
3301.52.
As
used in sections 3301.52 to 3301.59 of the Revised Code:
(A)
"Preschool program" means either of the following:
(1)
A child care program for preschool children that is operated by a
school district board of education or an eligible nonpublic school.
(2)
A child care program for preschool children age three or older that
is operated by a county board of developmental disabilities or a
community school.
(B)
"Preschool child" or "child" means a child who
has not entered kindergarten and is not of compulsory school age.
(C)
"Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's school
attendance under section 3321.01 of the Revised Code.
(D)
"Superintendent" means the superintendent of a school
district or the chief administrative officer of a community school or
an eligible nonpublic school.
(E)
"Director" means the director, head teacher, elementary
principal, or site administrator who is the individual on site and
responsible for supervision of a preschool program.
(F)
"Preschool staff member" means a preschool employee whose
primary responsibility is care, teaching, or supervision of preschool
children.
(G)
"Nonteaching employee" means a preschool program or school
child program employee whose primary responsibilities are duties
other than care, teaching, and supervision of preschool children or
school children.
(H)
"Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(7) of section 5104.02 of the
Revised Code or chartered by the department of education and
workforce for any combination of grades one through twelve,
regardless of whether it also offers kindergarten.
(I)
"School child program" means either of the following:
(1)
A child care program for only school children that is operated by a
school district board of education, county board of developmental
disabilities, community school, or eligible nonpublic school;
(2)
A child care program operated by an authorized private before and
after school care program.
(J)
"School child" means a child who is enrolled in or is
eligible to be enrolled in a grade of kindergarten or above but is
less than fifteen years old.
(K)
"School child program staff member" means an employee whose
primary responsibility is the care, teaching, or supervision of
children in a school child program.
(L)
"Child care" means administering to the needs of infants,
toddlers, preschool children, and school children outside of school
hours by persons other than their parents or guardians, custodians,
or relatives by blood, marriage, or adoption for any part of the
twenty-four-hour day in a place or residence other than a child's own
home.
(M)
"Child care center" and "publicly funded child care"
have the same meanings as in section 5104.01 of the Revised Code.
(N)
"Community school" means either of the following:
(1)
A community school established under Chapter 3314. of the Revised
Code that is sponsored by an entity that is rated "exemplary"
under section 3314.016 of the Revised Code.
(2)
A community school established under Chapter 3314. of the Revised
Code that has received, on its most recent report card, either of the
following:
(a)
If the school offers any of grade levels four through twelve,
either of the following:
(i)
A grade of "C" or better for the overall value-added
progress dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code and for the performance index score under division
(C)(1)(b) of section 3302.03 of the Revised Code;
(ii)
A
a
performance
rating of three stars or higher for achievement
under
division (D)(3)(b) of section 3302.03 of the Revised Code
and
progress under
division
(D)(3)(c) of that
section
3302.03 of the Revised Code
.
(b)
If the school does not offer a grade level higher than three,
either
of the following:
(i)
A grade of "C" or better for making progress in improving
literacy in grades kindergarten through three under division
(C)(1)(g) of section 3302.03 of the Revised Code;
(ii)
A
a
performance
rating of three stars or higher for early literacy under
division
(D)(3)(e) of that
section
3302.03 of the Revised Code
.
(O)
"Authorized private before and after school care program"
means a child care program operated only for school children that is
all of the following:
(1)
Operated by a nonprofit or for-profit private entity;
(2)
Operated under a contract with a school district board of education,
community school, or eligible nonpublic school;
(3)
Conducted only outside of school hours and in a building owned or
operated by the contracting board or school.
Sec.
3301.85.
(A)
The department of education and workforce, in conjunction with the
department of higher education and the department of children and
youth, shall create, administer, and oversee the prenatal-to-five
early childhood to post-secondary regional partnerships program to
support existing and establish new early childhood to post-secondary
regional partnerships throughout Ohio in regions that choose to
participate. The department of education and workforce is the agency
primarily responsible for implementation of the program. Each
partnership may consist of prenatal-to-five early learning programs,
primary and secondary schools, educational service centers,
out-of-school time providers, post-secondary institutions, and
workforce and community partners that are located in the same region
and that are working collaboratively to increase educational
attainment and economic mobility outcomes for children and adults.
(B)
The departments shall do all of the following:
(1)
Coordinate and convene a cohort of all existing and emerging regional
partnerships at least quarterly to share best practices and assist in
organizational development and growth;
(2)
Distribute grants, in a manner determined by the departments, to
qualifying partnerships to support regional collaboration programs
that align educational resources and community support with regional
in-demand workforce skills, opportunities, and jobs;
(3)
Work to ensure that at least one regional partnership exists within
each
of
the six different regions
region
of
the state, as determined by JobsOhio, as defined in section 187.01 of
the Revised Code;
(4)
Report the progress and outcomes of each regional partnership at
least twice a year to the director of education and workforce, the
chancellor of higher education, the director of children and youth,
and annually to the governor and the general assembly.
(C)(1)
Qualifying partnerships eligible to apply for grants under this
section shall demonstrate all of the following:
(a)
An identified theory of action and explicit commitment to address all
areas of the education and workforce continuum over time, including a
commitment to measure and report targeted attainment outcome metrics;
(b)
How it will integrate and align its work with business advisory
councils created under section 3313.82 of the Revised Code within the
region, the educational regional service system established under
Chapter 3312. of the Revised Code, industry sector partnerships, and
other regional educational attainment efforts as appropriate;
(c)
How it will work with local health care systems, service providers,
and other stakeholders to better address the workforce readiness,
mental health, and well-being skills children and young adults need
to be successful in and beyond elementary and secondary school years.
(2)
Qualifying partnerships shall report all of the following performance
metrics for their region to the department of education and
workforce, the department of higher education, and the department of
children and youth:
(a)
Kindergarten readiness;
(b)
Third-grade reading proficiency;
(c)
Middle grade math proficiency;
(d)
High school graduation rates;
(e)
Free application for federal student aid completion rates;
(f)
Post-secondary enrollment;
(g)
Post-secondary credential or degree completion;
(h)
Employment for their region that includes the following:
(i)
Percentage of recent graduates who found employment within one year
of completing a post-secondary credential or degree;
(ii)
Percentage of recent graduates who completed some form of work-based
learning while enrolled in a post-secondary institution.
Sec.
3302.01.
As
used in this chapter:
(A)
"Performance index score" means the average of the totals
derived from calculations, for each subject area, of the weighted
proportion of untested students and students scoring at each level of
skill described in division (A)(2) of section 3301.0710 of the
Revised Code on the state achievement assessments, as follows:
(1)
For the assessments prescribed by division (A)(1) of section
3301.0710 of the Revised Code, the average for each of the subject
areas of English language arts, mathematics, and science.
(2)
For the
assessments
assessment
prescribed
by
division
(B)(1) of section 3301.0710 and
division
(B)(2) of section 3301.0712 of the Revised Code, the average for each
of the subject areas of English language arts, mathematics, science,
American history, and American government. The average also shall
include any substitute examinations approved under division (B)(4) of
section 3301.0712 of the Revised Code in the subject areas of
science, American history, and American government.
The
department of education and workforce shall assign weights such that
students who do not take an assessment receive a weight of zero and
students who take an assessment receive progressively larger weights
dependent upon the level of skill attained on the assessment. The
department shall assign additional weights to students who have been
permitted to pass over a subject in accordance with a student
acceleration policy adopted under section 3324.10 of the Revised
Code. If such a student attains the proficient score prescribed under
division (A)(2)(c) of section 3301.0710 of the Revised Code or higher
on an assessment, the department shall assign the student the weight
prescribed for the next higher scoring level. If such a student
attains the advanced score, prescribed under division (A)(2)(a) of
section 3301.0710 of the Revised Code, on an assessment, the
department shall assign to the student an additional proportional
weight. For each school year that such a student's score is included
in the performance index score and the student attains the proficient
score on an assessment, that additional weight shall be assigned to
the student on a subject-by-subject basis.
Students
shall be included in the "performance index score" in
accordance with division
(L)(2)
(K)(2)
of section 3302.03 of the Revised Code.
(B)
"Subgroup" means a subset of the entire student population
of the state, a school district, or a school building and includes
each of the following:
(1)
Major racial and ethnic groups;
(2)
Students with disabilities;
(3)
Economically disadvantaged students;
(4)
English learners;
(5)
Students identified as gifted in superior cognitive ability and
specific academic ability fields under Chapter 3324. of the Revised
Code. For students who are gifted in specific academic ability
fields, the department shall use data for those students with
specific academic ability in math and reading. If any other academic
field is assessed, the department shall also include data for
students with specific academic ability in that field.
(C)
"No Child Left Behind Act of 2001" includes the statutes
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or
both thereto, rules and regulations promulgated pursuant to those
statutes, guidance documents, and any other policy directives
regarding implementation of that act issued by the United States
department of education.
(D)
"Adequate yearly progress" means a measure of annual
academic performance as calculated in accordance with the "No
Child Left Behind Act of 2001."
(E)
"Supplemental educational services" means additional
academic assistance, such as tutoring, remediation, or other
educational enrichment activities, that is conducted outside of the
regular school day by a provider approved by the department in
accordance with the "No Child Left Behind Act of 2001."
(F)
"Value-added progress dimension" means a measure of
academic gain for a student or group of students over a specific
period of time that is calculated by applying a statistical
methodology to individual student achievement data derived from the
achievement assessments prescribed by section 3301.0710 of the
Revised Code. The "value-added progress dimension" shall be
developed and implemented in accordance with section 3302.021 of the
Revised Code.
(G)(1)
"Four-year adjusted cohort graduation rate" means the
number of students who graduate in four years or less with a regular
high school diploma divided by the number of students who form the
adjusted cohort for the graduating class.
(2)
"Five-year adjusted cohort graduation rate" means the
number of students who graduate in five years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate.
(H)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(I)
"Annual measurable objectives" means a measure of student
progress determined in accordance with an agreement between the
department of education and workforce and the United States
department of education.
(J)
"Community school" means a community school established
under Chapter 3314. of the Revised Code.
(K)
"STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.
(L)
"Entitled to attend school in the district" means entitled
to attend school in a school district under section 3313.64 or
3313.65 of the Revised Code.
Sec.
3302.02.
(A)
Not
later than one year after the adoption of rules under division (D) of
section 3301.0712 of the Revised Code and at least every sixth year
thereafter, the department of education and workforce shall establish
all of the following:
(1)
(A)
A set of performance indicators that considered as a unit will be
used as one of the performance categories for the report cards
required by section 3302.03 of the Revised Code. In establishing
these indicators, the department shall consider inclusion of student
performance on assessments prescribed under section 3301.0710 or
3301.0712 of the Revised Code, rates of student improvement on such
assessments, the breadth of coursework available within the district,
and other indicators of student success.
Beginning
with the report card issued under section 3302.03 of the Revised Code
for the 2021-2022 school year, the
The
performance
indicators prescribed under
this
division
(A)(1)
of this section
regarding
student performance on state assessments shall not require a school
district or building to attain a proficiency percentage to meet an
indicator. Rather, the performance indicators only shall report
proficiency percentages, trends, and comparisons.
(2)
(B)
A performance indicator that reflects the level of identification and
services provided to, and the performance of, students identified as
gifted under Chapter 3324. of the Revised Code. The indicator shall
be prescribed by rules adopted under Chapter 119. of the Revised Code
by the department. The department shall consult with the gifted
advisory council regarding all rules adopted under this section.
Consultation with the state gifted advisory council shall occur not
less than every three years.
The
gifted performance indicator shall include:
(a)
(1)
The performance of students on state assessments, as measured by a
performance index score, disaggregated for students identified as
gifted;
(b)
(2)
Value-added growth measure under section 3302.021 of the Revised
Code, disaggregated for students identified as gifted;
(c)
(3)
The level of identification as measured by the percentage of students
in each grade level identified as gifted and disaggregated by
traditionally underrepresented and economically disadvantaged
students;
(d)
(4)
The level of services provided to students as measured by the
percentage of students provided services in each grade level and
disaggregated by traditionally underrepresented and economically
disadvantaged students.
(3)
(C)
A performance indicator that measures chronic absenteeism, as
determined by the department, in a school district or school
building.
Beginning
with the report card issued under section 3302.03 of the Revised Code
for the 2021-2022 school year, the
The
performance
indicators prescribed in divisions
(A)(2)
(B)
and
(3)
(C)
of
this section shall not be part of the performance indicator unit
under division
(A)(1)
(A)
of
this section.
(B)
For the 2013-2014 school year, except as otherwise provided in this
section, for any indicator based on the percentage of students
attaining a proficient score on the assessments prescribed by
divisions (A) and (B)(1) of section 3301.0710 of the Revised Code, a
school district or building shall be considered to have met the
indicator if at least eighty per cent of the tested students attain a
score of proficient or higher on the assessment. A school district or
building shall be considered to have met the indicator for the
assessments prescribed by division (B)(1) of section 3301.0710 of the
Revised Code and only as administered to eleventh grade students, if
at least eighty-five per cent of the tested students attain a score
of proficient or higher on the assessment.
The
department shall adopt rules, under Chapter 119. of the Revised Code,
to establish proficiency percentages to meet each indicator that is
based on a state assessment, prescribed under section 3301.0710 or
3301.0712 of the Revised Code, for the 2014-2015, 2015-2016,
2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021 school
years by the following dates:
(1)
Not later than December 31, 2015, for the 2014-2015 school year;
(2)
Not later than July 1, 2016, for the 2015-2016 school year;
(3)
Not later than July 1, 2017, for the 2016-2017, 2017-2018, 2018-2019,
2019-2020, and 2020-2021 school years.
Sec.
3302.021.
(A)
The department of education and workforce shall implement a
value-added progress dimension for school districts and buildings and
shall incorporate the value-added progress dimension into the report
cards and performance ratings issued for districts and buildings
under section 3302.03 of the Revised Code.
The
department shall adopt rules, pursuant to Chapter 119. of the Revised
Code, for the implementation of the value-added progress dimension.
The rules adopted under this division shall specify both of the
following:
(1)
A scale for describing the levels of academic progress in reading and
mathematics relative to a standard year of academic growth in those
subjects for each of grades three through eight;
(2)
That the department shall maintain the confidentiality of individual
student test scores and individual student reports in accordance with
sections 3301.0711, 3301.0714, and 3319.321 of the Revised Code and
federal law. The department may require school districts to use a
unique identifier for each student for this purpose. Individual
student test scores and individual student reports shall be made
available only to a student's classroom teacher and other appropriate
educational personnel and to the student's parent or guardian.
(B)
The department shall explore the feasibility of using the value-added
gain index and effect size to improve differentiation and
interpretation of the measure. If the department determines that it
is feasible, it may update the rules adopted under division (A) of
this section to implement the use of gain index and effect size. If
rules are adopted under division (A) of this section that use the
gain index and effect size, any prior method used to calculate letter
grades or performance ratings under section 3302.03 of the Revised
Code shall no longer apply. Rather, the department shall update its
rules to determine how letter grades or performance ratings for each
level of performance are calculated under section 3302.03 of the
Revised Code using gain index and effect size.
(C)
The department shall use a system designed for collecting necessary
data, calculating the value-added progress dimension, analyzing data,
and generating reports, which system has been used previously by a
nonprofit organization led by the Ohio business community for at
least one year in the operation of a pilot program in cooperation
with school districts to collect and report student achievement data
via electronic means and to provide information to the districts
regarding the academic performance of individual students, grade
levels, school buildings, and the districts as a whole.
(D)
The department shall not pay more than two dollars per student for
data analysis and reporting to implement the value-added progress
dimension in the same manner and with the same services as under the
pilot program described by division (B) of this section. However,
nothing in this section shall preclude the department or any school
district from entering into a contract for the provision of more
services at a higher fee per student. Any data analysis conducted
under this section by an entity under contract with the department
shall be completed in accordance with timelines established by the
director of education and workforce.
(E)
The department shall share any aggregate student data and any
calculation, analysis, or report utilizing aggregate student data
that is generated under this section with the chancellor of higher
education. The department shall not share individual student test
scores and individual student reports with the chancellor.
(F)
The department shall make individual student performance data reports
available to districts and schools that have an overall score under
the value-added progress dimension calculated under
division
(D)(1)(d) of
section
3302.03 of the Revised Code. The reports shall include data regarding
student level percentiles, normal curve equivalents, unique
identifiers, and other data for each school year a district or school
has an overall score calculated under that division. The department
also shall make available the data used to calculate the district's
or school's overall growth rating. The reports shall be made
available in an electronic spreadsheet form, as soon as practicable
each school year, to appropriate educational personnel in each
district or school for all the individual students who are
administered assessments by, or who are enrolled in, the district or
school.
Division
(F) of this section is subject to section 3319.321 of the Revised
Code and the "Family Educational Rights and Privacy Act of
1974," 20 U.S.C. 1232g.
Sec.
3302.03.
Not
later than the thirty-first day of July of each year, the department
of education and workforce shall submit preliminary report card data
for overall academic performance and for each separate performance
measure for each school district, and each school building, in
accordance with this section.
Annually,
not later than the fifteenth day of September or the preceding Friday
when that day falls on a Saturday or Sunday, the department shall
assign a
letter
grade or
performance
rating for overall academic performance and for each separate
performance measure for each school district, and each school
building in a district, in accordance with this section. The
department shall adopt rules pursuant to Chapter 119. of the Revised
Code to implement this section. The department's rules shall
establish performance criteria for each
letter
grade or
performance
rating and prescribe a method by which the department assigns each
letter
grade or
performance
rating. For a school building to which any of the performance
measures do not apply, due to grade levels served by the building,
the department shall designate the performance measures that are
applicable to the building and that must be calculated separately and
used to calculate the building's overall
grade
or
performance
rating. The department shall issue annual report cards reflecting the
performance of each school district, each building within each
district, and for the state as a whole using the performance measures
and
letter
grade or
performance
rating system described in this section. The department shall include
on the report card for each district and each building within each
district the most recent two-year trend data in student achievement
for each subject and each grade.
(A)(1)
For the 2012-2013 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:
(a)
Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as adopted by the department. In adopting
benchmarks for assigning letter grades under division (A)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.02 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (A)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates.
In
adopting benchmarks for assigning letter grades under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department
shall designate a four-year adjusted cohort graduation rate of
ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an "A."
(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available. The letter grade
assigned for this growth measure shall be as follows:
(i)
A score that is at least one standard error of measure above the mean
score shall be designated as an "A."
(ii)
A score that is less than one standard error of measure above but
greater than one standard error of measure below the mean score shall
be designated as a "B."
(iii)
A score that is less than or equal to one standard error of measure
below the mean score but greater than two standard errors of measure
below the mean score shall be designated as a "C."
(iv)
A score that is less than or equal to two standard errors of measure
below the mean score but is greater than three standard errors of
measure below the mean score shall be designated as a "D."
(v)
A score that is less than or equal to three standard errors of
measure below the mean score shall be designated as an "F."
Whenever
the value-added progress dimension is used as a graded performance
measure in this division and divisions (B) and (C) of this section,
whether as an overall measure or as a measure of separate subgroups,
the grades for the measure shall be calculated in the same manner as
prescribed in division (A)(1)(e) of this section.
(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted, students with disabilities, and students whose
performance places them in the lowest quintile for achievement on a
statewide basis. Each subgroup shall be a separate graded measure.
(2)
The department shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and shall adopt rules in accordance with Chapter 119. of the
Revised Code that prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed and
assigned a letter grade, including performance benchmarks for each
letter grade.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (A)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(3)
There shall not be an overall letter grade for a school district or
building for the 2012-2013 school year.
(B)(1)
For the 2013-2014 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:
(a)
Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (B)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (B)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates;
(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available.
(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis.
Each subgroup shall be a separate graded measure.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to
districts and buildings for purposes of division (B)(1)(g) of this
section. In adopting benchmarks for assigning letter grades under
divisions (B)(1)(g) and (C)(1)(g) of this section, the department
shall determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading diagnostic
assessments administered under section 3301.0715 of the Revised Code
and the third grade English language arts assessment under section
3301.0710 of the Revised Code, as applicable. The department shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a
district or building in which less than five per cent of students
have scored below grade level on the diagnostic assessment
administered to students in kindergarten under division (B)(1) of
section 3313.608 of the Revised Code.
(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.
As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.
(2)
In addition to the graded measures in division (B)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:
(a)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;
(b)
The number of a district's or building's students who have earned at
least three college credits through dual enrollment or advanced
standing programs, such as the post-secondary enrollment options
program under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's transcript or other official
document, either of which is issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.
(c)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code;
(d)
The percentage of the district's or the building's students who
receive industry-recognized credentials as approved under section
3313.6113 of the Revised Code.
(e)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations.
(f)
The percentage of the district's or building's students who receive
an honors diploma under division (B) of section 3313.61 of the
Revised Code.
(3)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code that prescribe the methods by which the performance
measures under divisions (B)(1)(f) and (B)(1)(g) of this section will
be assessed and assigned a letter grade, including performance
benchmarks for each grade.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (B)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(4)
There shall not be an overall letter grade for a school district or
building for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017
school years.
(C)(1)
For the 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019-2020, and 2020-2021 school years, the department shall issue
grades as described in division (F) of this section for each of the
performance measures prescribed in division (C)(1) of this section.
The graded measures are as follows:
(a)
Annual measurable objectives. For the 2017-2018 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than twenty-five
students. For the 2018-2019 school year, the department shall not
include any subgroup data in the annual measurable objectives that
includes data from fewer than twenty students. Beginning with the
2019-2020 school year, the department shall not include any subgroup
data in the annual measurable objectives that includes data from
fewer than fifteen students.
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (C)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (C)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates;
(e)
The overall score under the value-added progress dimension, or
another measure of student academic progress if adopted by the
department, of a school district or building, for which the
department shall use up to three years of value-added data as
available.
In
adopting benchmarks for assigning letter grades for overall score on
value-added progress dimension under division (C)(1)(e) of this
section, the department shall prohibit the assigning of a grade of
"A" for that measure unless the district's or building's
grade assigned for value-added progress dimension for all subgroups
under division (C)(1)(f) of this section is a "C" or
higher.
For
the metric prescribed by division (C)(1)(e) of this section, the
department may adopt a student academic progress measure to be used
instead of the value-added progress dimension. If the department
adopts such a measure, it also shall prescribe a method for assigning
letter grades for the new measure that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(f)
The value-added progress dimension score of a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the department. Each subgroup
shall be a separate graded measure.
The
department may adopt student academic progress measures to be used
instead of the value-added progress dimension. If the department
adopts such measures, it also shall prescribe a method for assigning
letter grades for the new measures that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to a
district or building for purposes of division (C)(1)(g) of this
section. The department shall designate for a "C" grade a
value that is not lower than the statewide average value for this
measure. No grade shall be issued under division (C)(1)(g) of this
section for a district or building in which less than five per cent
of students have scored below grade level on the kindergarten
diagnostic assessment under division (B)(1) of section 3313.608 of
the Revised Code.
(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.
As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.
(2)
In addition to the graded measures in division (C)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:
(a)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with the standards
adopted under division (F) of section 3345.061 of the Revised Code;
(b)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;
(c)
The percentage of a district's or building's students who have earned
at least three college credits through advanced standing programs,
such as the college credit plus program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear on a
student's college transcript issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.
(d)
The percentage of the district's or building's students who receive
an honor's diploma under division (B) of section 3313.61 of the
Revised Code;
(e)
The percentage of the district's or building's students who receive
industry-recognized credentials as approved under section 3313.6113
of the Revised Code;
(f)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations;
(g)
The results of the college and career-ready assessments administered
under division (B)(1) of section 3301.0712 of the Revised Code;
(h)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated as a
"yes" or "no" answer.
(3)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code that establish a method to assign an overall grade for a
school district or school building for the 2017-2018 school year and
each school year thereafter. The rules shall group the performance
measures in divisions (C)(1) and (2) of this section into the
following components:
(a)
Gap closing, which shall include the performance measure in division
(C)(1)(a) of this section;
(b)
Achievement, which shall include the performance measures in
divisions (C)(1)(b) and (c) of this section;
(c)
Progress, which shall include the performance measures in divisions
(C)(1)(e) and (f) of this section;
(d)
Graduation, which shall include the performance measure in division
(C)(1)(d) of this section;
(e)
Kindergarten through third-grade literacy, which shall include the
performance measure in division (C)(1)(g) of this section;
(f)
Prepared for success, which shall include the performance measures in
divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The
department shall develop a method to determine a grade for the
component in division (C)(3)(f) of this section using the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this
section. When available, the department may incorporate the
performance measure under division (C)(2)(g) of this section into the
component under division (C)(3)(f) of this section. When determining
the overall grade for the prepared for success component prescribed
by division (C)(3)(f) of this section, no individual student shall be
counted in more than one performance measure. However, if a student
qualifies for more than one performance measure in the component, the
department may, in its method to determine a grade for the component,
specify an additional weight for such a student that is not greater
than or equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the department shall ensure that the pool
of students included in the performance measures aggregated under
that division are all of the students included in the four- and
five-year adjusted graduation cohort.
In
the rules adopted under division (C)(3) of this section, the
department shall adopt a method for determining a grade for each
component in divisions (C)(3)(a) to (f) of this section. The
department also shall establish a method to assign an overall grade
of "A," "B," "C," "D," or "F"
using the grades assigned for each component. The method the
department adopts for assigning an overall grade shall give equal
weight to the components in divisions (C)(3)(b) and (c) of this
section.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods for calculating the overall grade for the
report card, as required by this division, the department shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider education
legislation describing the format for the report card, weights that
will be assigned to the components of the overall grade, and the
method for calculating the overall grade.
(D)
For the 2021-2022 school year and each school year thereafter, all of
the following apply:
(1)
(A)
The department shall include on a school district's or building's
report card all of the following performance measures without an
assigned performance rating:
(a)
(1)
Whether the district or building meets the gifted performance
indicator under division
(A)(2)
(B)
of section 3302.02 of the Revised Code and the extent to which the
district or building meets gifted indicator performance benchmarks;
(b)
(2)
The extent to which the district or building meets the chronic
absenteeism indicator under division
(A)(3)
(C)
of section 3302.02 of the Revised Code;
(c)
(3)
Performance index score percentage for a district or building, which
shall be calculated by dividing the district's or building's
performance index score according to the performance index system
created by the department by the maximum performance index score for
a district or building. The maximum performance index score shall be
as follows:
(i)
(a)
For a building, the average of the highest two per cent of
performance index scores achieved by a building for the school year
for which a report card is issued;
(ii)
(b)
For a district, the average of the highest two per cent of
performance index scores achieved by a district for the school year
for which a report card is issued.
(d)
(4)
The overall score under the value-added progress dimension of a
district or building, for which the department shall use three
consecutive years of value-added data. In using three years of
value-added data to calculate the measure prescribed under division
(D)(1)(d)
(A)(4)
of this section, the department shall assign a weight of fifty per
cent to the most recent year's data and a weight of twenty-five per
cent to the data of each of the other years. However, if three
consecutive years of value-added data is not available, the
department shall use prior years of value-added data to calculate the
measure, as follows:
(i)
(a)
If two consecutive years of value-added data is not available, the
department shall use one year of value-added data to calculate the
measure.
(ii)
(b)
If two consecutive years of value-added data is available, the
department shall use two consecutive years of value-added data to
calculate the measure. In using two years of value-added data to
calculate the measure, the department shall assign a weight of
sixty-seven per cent to the most recent year's data and a weight of
thirty-three per cent to the data of the other year.
(e)
The
(5)
A four-year adjusted cohort graduation measure, which the department
shall calculate in the same manner as the
four-year
adjusted cohort graduation rate
,
except that the department shall include as graduates any students
with an individualized education program, as defined in section
3323.01 of the Revised Code, who have satisfied the conditions for a
high school diploma under section 3313.61 or 3325.08 of the Revised
Code but opted not to receive a diploma at the time that the
graduation requirements were met, but will receive a diploma prior to
the student's twenty-second birthday, and are still receiving
education services
.
(f)
The
(6)
A five-year adjusted cohort graduation measure, which the department
shall calculate in the same manner as the
five-year
adjusted cohort graduation rate
,
except that the department shall include as graduates any students
with an individualized education program who have satisfied the
conditions for a high school diploma under section 3313.61 or 3325.08
of the Revised Code but opted not to receive a diploma at the time
that the graduation requirements were met, but will receive a diploma
prior to the student's twenty-second birthday, and are still
receiving education services
.
(g)
(7)
The percentage of students in the district or building who score
proficient or higher on the reading segment of the third grade
English language arts assessment under section 3301.0710 of the
Revised Code.
To
the extent possible, the department shall include the results of the
summer administration of the third grade reading assessment under
section 3301.0710 of the Revised Code in the performance measures
prescribed under divisions
(D)(1)(g)
(A)(7)
and
(h)
(8)
of this section.
(h)
(8)
Whether a district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The method shall determine
progress made based on the reduction in the total percentage of
students scoring below grade level, or below proficient, compared
from year to year on the reading segments of the diagnostic
assessments administered under division (A)(1) of section 3301.0715
of the Revised Code and the third grade English language arts
assessment under section 3301.0710 of the Revised Code, as
applicable. The method shall not include a deduction for students who
did not pass the third grade English language arts assessment under
section 3301.0710 of the Revised Code and were not on a reading
improvement and monitoring plan.
The
performance measure prescribed under division
(D)(1)(h)
(A)(8)
of this section shall not be included on the report card of a
district or building in which less than ten per cent of students have
scored below grade level on the diagnostic assessment administered to
students in kindergarten under division (B)(1) of section 3313.608 of
the Revised Code.
(i)
(9)
The percentage of students in a district or building who are promoted
to the fourth grade based on the student's score on the third grade
English language arts assessment under division (A)(3) of section
3301.0710 of the Revised Code or demonstrate competency on an
alternative assessment under division (A)(2)(c) of section 3313.608
of the Revised Code;
(j)
(10)
A post-secondary readiness measure. This measure shall be calculated
by dividing the number of students included in the four-year adjusted
graduation rate cohort who demonstrate post-secondary readiness by
the total number of students included in the denominator of the
four-year adjusted graduation rate cohort. Demonstration of
post-secondary readiness shall include a student doing any of the
following:
(i)
Attaining
(a)
Achieving both of the following:
(i)
Attaining
a
remediation-free score
in English language arts
,
in accordance with standards adopted under division (F) of section
3345.061 of the Revised Code, on a nationally standardized assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code
or scoring either accomplished or advanced on the end-of-course
examination in English language arts II prescribed under division
(B)(2) of section 3301.0712 of the Revised Code;
(ii)
Attaining a remediation-free score in mathematics, in accordance with
standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code or
scoring either accomplished or advanced on the end-of-course
examinations in both Algebra I and geometry prescribed under division
(B)(2) of section 3301.0712 of the Revised Code
;
(ii)
(b)
Attaining required scores on three or more advanced placement,
college-level examination program, or international baccalaureate
examinations. The required score for an advanced placement
examination shall be a three or better. The required score for a
college-level examination program examination shall be a passing
score, as determined by the department. The required score for an
international baccalaureate examination shall be a four or better. A
student may satisfy this condition with any combination of advanced
placement, college-level examination program, or international
baccalaureate examinations.
(iii)
(c)
Earning at least twelve college credits through
advanced
any
combination of the following:
(i)
Advanced
standing
programs, such as the college credit plus program under Chapter 3365.
of the Revised Code, an early college high school program under
section 3313.6013 of the Revised Code, and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's college transcript issued by
the institution of higher education from which the student earned the
college credit
;
(ii)
Advanced placement or international baccalaureate examinations. Under
this division, a score of three or better on an advanced placement
examination or a score of four or more on an international
baccalaureate examination shall equate to three college credits
.
Earned
Earned
credits
reported under division
(A)(10)(c)
(D)(1)(j)(iii)
of
this section shall include credits that count toward the curriculum
requirements established for completion of a degree, but shall not
include any remedial or developmental credits.
(iv)
(d)
Meeting the additional criteria for an honors diploma under division
(B) of section 3313.61 of the Revised Code;
(v)
(e)
Earning an industry-recognized credential or license issued by a
state agency or board for practice in a vocation that requires an
examination for issuance of that license approved under section
3313.6113 of the Revised Code;
(vi)
Satisfying any of the following conditions:
(I)
(f)
Completing a pre-apprenticeship aligned with options established
under section 3313.904 of the Revised Code in the student's chosen
career field;
(II)
(g)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field;
(III)
(h)
Providing evidence of acceptance into an apprenticeship program after
high school that is restricted to participants eighteen years of age
or older.
(vii)
(i)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;
(viii)
(j)
Earning an OhioMeansJobs-readiness seal established under section
3313.6112 of the Revised Code and completing two hundred fifty hours
of an internship or other work-based learning experience that is
either:
(I)
(i)
Approved by the business advisory council established under section
3313.82 of the Revised Code that represents the student's district;
or
(II)
(ii)
Aligned to the career-technical education pathway approved by the
department in which the student is enrolled.
(ix)
(k)
Providing evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.
A
student who satisfies more than one of the conditions prescribed
under this division shall be counted as one student for the purposes
of calculating the measure prescribed under division
(D)(1)(j)
(A)(10)
of this section.
(2)
(B)
In addition to the performance measures under division
(D)(1)
(A)
of this section, the department shall report on a district's or
building's report card all of the following data without an assigned
performance rating:
(a)
(1)
The applicable performance indicators established by the department
under division
(A)(1)
(A)
of section 3302.02 of the Revised Code;
(b)
(2)
The overall score under the value-added progress dimension of a
district or building for the most recent school year;
(c)
(3)
A composite of the overall scores under the value-added progress
dimension of a district or building for the previous three school
years or, if only two years of value-added data are available, for
the previous two years;
(d)
(4)
The percentage of students included in the four- and five-year
adjusted cohort graduation rates of a district or building who did
not receive a high school diploma under section 3313.61 or 3325.08 of
the Revised Code. To the extent possible, the department shall
disaggregate that data according to the following categories:
(i)
(a)
Students who are still enrolled in the district or building and
receiving general education services;
(ii)
(b)
Students with an individualized education program
,
as defined in section 3323.01 of the Revised Code,
who satisfied the conditions for a high school diploma under section
3313.61 or 3325.08 of the Revised Code, but opted not to receive a
diploma and are still receiving education services;
(iii)
(c)
Students with an individualized education program who have not yet
satisfied conditions for a high school diploma under section 3313.61
or 3325.08 of the Revised Code and who are still receiving education
services;
(iv)
(d)
Students who are no longer enrolled in any district or building;
(v)
(e)
Students who, upon enrollment in the district or building for the
first time, had completed fewer units of high school instruction
required under section 3313.603 of the Revised Code than other
students in the four- or five-year adjusted cohort graduation rate.
The
department may disaggregate the data prescribed under division
(D)(2)(d)
(B)(4)
of this section according to other categories that the department
determines are appropriate.
(e)
(5)
Post-graduate outcomes for students who were enrolled in a district
or building and received a high school diploma under section 3313.61
or 3325.08 of the Revised Code in the school year prior to the school
year for which the report card is issued, including the percentage of
students who:
(i)
(a)
Enrolled in a post-secondary educational institution. To the extent
possible, the department shall disaggregate that data according to
whether the student enrolled in a four-year institution of higher
education, a two-year institution of higher education, an Ohio
technical center that provides adult technical education services and
is recognized by the chancellor of higher education, or another type
of post-secondary educational institution.
(ii)
(b)
Entered an apprenticeship program registered with the apprenticeship
council established under Chapter 4139. of the Revised Code. The
department may include other job training programs with similar rigor
and outcomes.
(iii)
(c)
Attained gainful employment, as determined by the department;
(iv)
(d)
Enlisted in a branch of the armed forces of the United States, as
defined in section 5910.01 of the Revised Code.
(f)
(6)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated with a
"yes" or "no";
(g)
(7)
The number and percentage of high school seniors in each school year
who completed the free application for federal student aid;
(h)
Beginning with the report card issued under this section for the
2022-2023 school year, a
(8)
A
student
opportunity profile measure that reports data regarding the
opportunities provided to students by a district or building. To the
extent possible, and when appropriate, the data shall be
disaggregated by grade level and subgroup. The measure also shall
include data regarding the statewide average, the average for similar
school districts, and, for a building, the average for the district
in which the building is located. The measure shall include all of
the following data for the district or building:
(i)
(a)
The average ratio of teachers of record to students in each grade
level in a district or building;
(ii)
(b)
The average ratio of school counselors to students in a district or
building;
(iii)
(c)
The average ratio of nurses to students in a district or building;
(iv)
(d)
The average ratio of licensed librarians and library media
specialists to students in a district or building;
(v)
(e)
The average ratio of social workers to students in a district or
building;
(vi)
(f)
The average ratio of mental health professionals to students in a
district or building;
(vii)
(g)
The average ratio of paraprofessionals to students in a district or
building;
(viii)
(h)
The percentage of teachers with fewer than three years of experience
teaching in any school;
(ix)
(i)
The percentage of principals with fewer than three years of
experience as a principal in any school;
(x)
(j)
The percentage of teachers who are not teaching in the subject or
field for which they are certified or licensed;
(xi)
(k)
The percentage of kindergarten students who are enrolled in all-day
kindergarten, as defined in section 3321.05 of the Revised Code;
(xii)
(l)
The percentage of students enrolled in a performing or visual arts
course;
(xiii)
(m)
The percentage of students enrolled in a physical education or
wellness course;
(xiv)
(n)
The percentage of students enrolled in a world language course;
(xv)
(o)
The percentage of students in grades seven through twelve who are
enrolled in a career-technical education course;
(xvi)
(p)
The percentage of students participating in one or more cocurricular
activities;
(xvii)
(q)
The percentage of students participating in advance placement
courses, international baccalaureate courses, honors courses, or
courses offered through the college credit plus program established
under Chapter 3365. of the Revised Code;
(xviii)
(r)
The percentage of students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324. of
the Revised Code and receiving gifted services pursuant to that
chapter;
(xix)
(s)
The percentage of students participating in enrichment or support
programs offered by the district or building outside of the normal
school day;
(xx)
(t)
The percentage of eligible students participating each school day in
school breakfast programs offered by the district or building in
accordance with section 3313.813 or 3313.818 of the Revised Code;
(xxi)
(u)
The percentage of students who are transported by a school bus each
school day;
(xxii)
(v)
The ratio of portable technology devices that students may take home
to the number of students.
The
department shall include only opportunity measures at the building
level for which data for buildings is available, as determined by a
school district.
(i)(i)
(9)
The percentage of students included in the four- and five-year
adjusted cohort graduation rates of the district or building who
completed all of grades nine through twelve while enrolled in the
district or building;
(ii)
(10)
The four-year adjusted cohort graduation rate for only those students
who were continuously enrolled in the same district or building for
grades nine through twelve.
(j)
(11)
Whether the district or building provides information about and
promotes the college credit plus program established under Chapter
3365. of the Revised Code to students in accordance with section
3365.04 of the Revised Code, notated with a "yes" or "no";
(k)
(12)
The percentage of students in the district or building to whom both
of the following apply:
(i)
(a)
The students are promoted to fourth grade and not subject to
retention under division (A)(2) of section 3313.608 of the Revised
Code.
(ii)
(b)
The students completed all of the grade levels offered prior to the
fourth grade in the district or building
.
(13)
The four-year adjusted cohort graduation rate;
(14)
The five-year adjusted cohort graduation rate
.
(3)
(C)
Except as provided in division
(D)(3)(f)
(C)(6)
of this section, the department shall use the method prescribed under
rules adopted under division
(D)(4)
(D)
of this section to assign performance ratings of "one star,"
"two stars," "three stars," "four stars,"
or "five stars," as described in division
(F)
(E)
of this section, for a district or building for the individual
components prescribed under
this
division
(D)(3) of this section
.
The department also shall assign an overall performance rating for a
district or building in accordance with division
(D)(3)(g)
(C)(7)
of this section. The method shall use the performance measures
prescribed under division
(D)(1)
(A)
of this section to calculate performance ratings for components. The
method may report data under division
(D)(2)
(B)
of this section with corresponding components, but shall not use the
data to calculate performance ratings for that component. The
performance measures and reported data shall be grouped together into
components as follows:
(a)
(1)
Gap closing. In addition to other criteria determined appropriate by
the department, performance ratings for the gap closing component
shall reflect whether each of the following performance measures are
met or not met:
(i)
(a)
The gifted performance indicator as described in division
(D)(1)(a)
(A)(1)
of this section;
(ii)
(b)
The chronic absenteeism indicator as described in division
(D)(1)(b)
(A)(2)
of this section;
(iii)
(c)
For English learners, an English language proficiency improvement
indicator established by the department;
(iv)
(d)
The subgroup graduation targets;
(v)
(e)
The subgroup achievement targets in both mathematics and English
language arts;
(vi)
(f)
The subgroup progress targets in both mathematics and English
language arts.
Achievement
and progress targets under division
(D)(3)(a)
(C)(1)
of this section shall be calculated individually, and districts and
buildings shall receive a status of met or not met on each measure.
The department shall not require a subgroup of a district or building
to meet both the achievement and progress targets at the same time to
receive a status of met.
The
department shall not include any subgroup data in this measure that
includes data from fewer than fifteen students. Any penalty for
failing to meet the required assessment participation rate must be
partially in proportion to how close the district or building was to
meeting the rate requirement.
(b)
(2)
Achievement, which shall include the performance measure in division
(D)(1)(c)
(A)(3)
of this section and the reported data in division
(D)(2)(a)
(B)(1)
of this section. Performance ratings for the achievement component
shall be awarded as a percentage of the maximum performance index
score described in division
(D)(1)(c)
(A)(3)
of this section.
(c)
(3)
Progress, which shall include the performance measure in division
(D)(1)(d)
(A)(4)
of this section and the reported data in divisions
(D)(2)(b)
(B)(2)
and
(c)
(3)
of this section;
(d)
(4)
Graduation, which shall include the performance measures in divisions
(D)(1)(e)
(A)(5)
and
(f)
(6)
of this section and the reported data in divisions
(D)(2)(d)
(B)(4),
(9), (13),
and
(j)
(14)
of this section. The four-year adjusted cohort graduation
rate
measure
shall
be assigned a weight of sixty per cent and the five-year adjusted
cohort graduation
rate
measure
shall
be assigned a weight of forty per cent.
(e)
(5)
Early literacy, which shall include the performance measures in
divisions
(D)(1)(g),
(h),
(A)(7),
(8),
and
(i)
(9)
of this section and the reported data in division
(D)(2)(k)
(B)(12)
of this section.
If
the measure prescribed under division
(D)(1)(h)
(A)(8)
of this section is included in a report card, performance ratings for
the early literacy component shall give a weight of forty per cent to
the measure prescribed under division
(D)(1)(g)
(A)(7)
of this section, a weight of thirty-five per cent to the measure
prescribed under division
(D)(1)(i)
(A)(9)
of this section, and a weight of twenty-five per cent to the measure
prescribed under division
(D)(1)(h)
(A)(8)
of this section.
If
the measure prescribed under division
(D)(1)(h)
(A)(8)
of this section is not included in a report card of a district or
building, performance ratings for the early literacy component shall
give a weight of sixty per cent to the measure prescribed under
division
(D)(1)(g)
(A)(7)
of this section and a weight of forty per cent to the measure
prescribed under division
(D)(1)(i)
(A)(9)
of this section.
(f)
(6)
College, career, workforce, and military readiness, which shall
include the performance measure in division
(D)(1)(j)
(A)(10)
of this section and the reported data in division
(D)(2)(e)
(B)(5)
of this section.
For
the 2021-2022, 2022-2023, and 2023-2024 school years, the department
only shall report the data for, and not assign a performance rating
to, the college, career, workforce, and military readiness component.
The reported data shall include the percentage of students who
demonstrate post-secondary readiness using any of the options
described in division (D)(1)(j) of this section.
The
department shall analyze the data included in the performance measure
prescribed in division (D)(1)(j) of this section for the 2021-2022,
2022-2023, and 2023-2024 school years. Using that data, the
The
department
shall
develop
and propose
adopt
rules
for
establishing
a
method to assign a performance rating to the college, career,
workforce, and military readiness component based on
that measure
the performance measure prescribed in division (A)(10) of this
section
.
The method to assign a performance rating shall not include a tiered
structure or per student bonuses. The rules shall specify that a
district or building shall not receive lower than a performance
rating of three stars for the component if the district's or
building's performance on the component meets or exceeds a level of
improvement set by the department. Notwithstanding
anything
to the contrary in
division
(D)(4)(b)
(D)
of this section, more than half of the total districts and buildings
may earn a performance rating of three stars on this component to
account for the districts and buildings that earned a performance
rating of three stars because they met or exceeded the level of
improvement set by the department.
The
department shall submit the rules to the joint committee on agency
rule review. The committee shall conduct at least one public hearing
on the proposed rules and approve or disapprove the rules. If the
committee approves the rules, the department shall adopt the rules in
accordance with Chapter 119. of the Revised Code. If the rules are
adopted, the department shall assign a performance rating to the
college, career, workforce, and military readiness component under
the rules beginning with the 2024-2025 school year, and for each
school year thereafter. If the committee disapproves the rules, the
component shall be included in the report card only as reported data
for the 2024-2025 school year, and each school year thereafter.
(g)(i)
Except as provided for in division (D)(3)(g)(ii) of this section,
beginning with the 2022-2023 school year, under
(7)
Under
the
method prescribed under rules adopted in division
(D)(4)
(D)
of this section, the department shall use the performance ratings
assigned for the components prescribed in divisions
(D)(3)(a)
(C)(1)
to
(e)
(6)
of this section to determine and assign an overall performance rating
of "one star," "one and one-half stars," "two
stars," "two and one-half stars," "three stars,"
"three and one-half stars," "four stars," "four
and one-half stars," or "five stars" for a district or
building.
The
method shall give equal weight to the components in divisions
(D)(3)(b) and (c) of this section. The method shall give equal weight
to the components in divisions (D)(3)(a), (d), and (e) of this
section. The individual weights of each of the components prescribed
in divisions (D)(3)(a), (d), and (e) of this section shall be equal
to one-half of the weight given to the component prescribed in
division (D)(3)(b) of this section.
(ii)
If the joint committee on agency rule review approves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, for the 2024-2025 school year, and each school year
thereafter, the
The
department's
method shall use the components in divisions
(D)(3)(a),
(b), (c), (d), (e), and (f)
(C)(1)
to (6)
of this section to calculate the overall performance rating. The
method shall give equal weight to the components in divisions
(D)(3)(b)
(C)(2)
and
(c)
(3)
of this section. The method shall give equal weight to the components
prescribed in divisions
(D)(3)(a),
(d), (e)
(C)(1),
(4), (5)
,
and
(f)
(6)
of this section. The individual weights of each of the components
prescribed in divisions
(D)(3)(a),
(d), (e)
(C)(1),
(4), (5)
,
and
(f)
(6)
of this section shall be equal to one-half the weight given to the
component prescribed in division
(D)(3)(b)
(C)(2)
of this section.
If
the joint committee on agency rule review disapproves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, division (D)(3)(g)(ii) of this section does not apply.
(4)(a)
(D)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code to establish the performance criteria, benchmarks,
and rating system necessary to implement
divisions
(D) and (F) of
this
section, including the method for the department to assign
performance ratings under division
(D)(3)
(C)
of this section.
(b)
In establishing the performance criteria, benchmarks, and rating
system, the department shall consult with stakeholder groups and
advocates that represent parents, community members, students,
business leaders, and educators from different school typology
regions. The department shall use data from prior school years and
simulations to ensure that there is meaningful differentiation among
districts and buildings across all performance ratings and that,
except as permitted in division
(D)(3)(f)
(C)(6)
of this section, more than half of all districts or buildings do not
earn the same performance rating in any component or overall
performance rating.
(c)
The department shall adopt the rules prescribed by division (D)(4) of
this section not later than March 31, 2022. However, the department
shall notify districts and buildings of the changes to the report
card prescribed in law not later than one week after September 30,
2021.
(d)
Prior
to adopting or updating rules under
this
division
(D)(4) of this section
,
the director of education and workforce and the department shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider primary and
secondary education legislation describing the format for the report
card and the performance criteria, benchmarks, and rating system,
including the method to assign performance ratings under division
(D)(3)
(C)
of this section.
(E)
The department may develop a measure of student academic progress for
high school students using only data from assessments in English
language arts and mathematics. If the department develops this
measure, each school district and applicable school building shall be
assigned a separate letter grade for it not sooner than the 2017-2018
school year. The district's or building's grade for that measure
shall not be included in determining the district's or building's
overall letter grade.
(F)(1)
The letter grades assigned to a school district or building under
this section shall be as follows:
(a)
"A" for a district or school making excellent progress;
(b)
"B" for a district or school making above average progress;
(c)
"C" for a district or school making average progress;
(d)
"D" for a district or school making below average progress;
(e)
"F" for a district or school failing to meet minimum
progress.
(2)
(E)(1)
For the overall performance rating under division
(D)(3)
(C)
of this section, the department shall include a descriptor for each
performance rating as follows:
(a)
"Significantly exceeds state standards" for a performance
rating of five stars;
(b)
"Exceeds state standards" for a performance rating of four
stars or four and one-half stars;
(c)
"Meets state standards" for a performance rating of three
stars or three and one-half stars;
(d)
"Needs support to meet state standards" for a performance
rating of two stars or two and one-half stars;
(e)
"Needs significant support to meet state standards" for a
performance rating of one star or one and one-half stars.
(3)
(2)
For performance ratings for each component under
divisions
(D)(3)(a) to (f)
division
(C)
of this section, the department shall include a description of each
component and performance rating. The description shall include
component-specific context to each performance rating earned,
estimated comparisons to other school districts and buildings if
appropriate, and any other information determined by the department.
The descriptions shall be not longer than twenty-five words in length
when possible. In addition to such descriptions, the department shall
include the descriptors in division
(F)(2)
(E)(1)
of this section for component performance ratings.
(4)
(3)
Each report card issued under this section shall include all of the
following:
(a)
A graphic that depicts the performance ratings of a district or
school on a color scale. The color associated with a performance
rating of three stars shall be green and the color associated with a
performance rating of one star shall be red.
(b)
An arrow graphic that shows data trends for performance ratings for
school districts or buildings. The department shall determine the
data to be used for this graphic, which shall include at least the
three most recent years of data.
(c)
A description regarding the weights that are assigned to each
component and used to determine an overall performance rating, as
prescribed under division
(D)(3)(g)
(C)(7)
of this section, which shall be included in the presentation of the
overall performance rating on each report card.
(G)
(F)
When reporting data on student achievement and progress, the
department shall disaggregate that data according to the following
categories:
(1)
Performance of students by grade-level;
(2)
Performance of students by race and ethnic group;
(3)
Performance of students by gender;
(4)
Performance of students grouped by those who have been enrolled in a
district or school for three or more years;
(5)
Performance of students grouped by those who have been enrolled in a
district or school for more than one year and less than three years;
(6)
Performance of students grouped by those who have been enrolled in a
district or school for one year or less;
(7)
Performance of students grouped by those who are economically
disadvantaged;
(8)
Performance of students grouped by those who are enrolled in a
conversion community school established under Chapter 3314. of the
Revised Code;
(9)
Performance of students grouped by those who are classified as
English learners;
(10)
Performance of students grouped by those who have disabilities;
(11)
Performance of students grouped by those who are classified as
migrants;
(12)
Performance of students grouped by those who are identified as gifted
in superior cognitive ability and the specific academic ability
fields of reading and math pursuant to Chapter 3324. of the Revised
Code. In disaggregating specific academic ability fields for gifted
students, the department shall use data for those students with
specific academic ability in math and reading. If any other academic
field is assessed, the department shall also include data for
students with specific academic ability in that field as well.
(13)
Performance of students grouped by those who perform in the lowest
quintile for achievement on a statewide basis, as determined by a
method prescribed by the department.
The
department may disaggregate data on student performance according to
other categories that the department determines are appropriate. To
the extent possible, the department shall disaggregate data on
student performance according to any combinations of two or more of
the categories listed in divisions
(G)(1)
(F)(1)
to (13) of this section that it deems relevant.
In
reporting data pursuant to division
(G)
(F)
of this section, the department shall not include in the report cards
any data statistical in nature that is statistically unreliable or
that could result in the identification of individual students. For
this purpose, the department shall not report student performance
data for any group identified in division
(G)
(F)
of this section that contains less than ten students. If the
department does not report student performance data for a group
because it contains less than ten students, the department shall
indicate on the report card that is why data was not reported.
(H)
(G)
The department may include with the report cards any additional
education and fiscal performance data it deems valuable.
(I)
(H)
The department shall include on each report card a list of additional
information collected by the department that is available regarding
the district or building for which the report card is issued. When
available, such additional information shall include student mobility
data disaggregated by race and socioeconomic status, college
enrollment data, and the reports prepared under section 3302.031 of
the Revised Code.
The
department shall maintain a site on the world wide web. The report
card shall include the address of the site and shall specify that
such additional information is available to the public at that site.
The department shall also provide a copy of each item on the list to
the superintendent of each school district. The district
superintendent shall provide a copy of any item on the list to anyone
who requests it.
(J)(1)(a)
(I)(1)(a)
Except as provided in division
(J)(1)(b)
(I)(1)(b)
of this section, for any district that sponsors a conversion
community school under Chapter 3314. of the Revised Code, the
department shall combine data regarding the academic performance of
students enrolled in the community school with comparable data from
the schools of the district for the purpose of determining the
performance of the district as a whole on the report card issued for
the district under this section or section 3302.033 of the Revised
Code.
(b)
The department shall not combine data from any conversion community
school that a district sponsors if the conversion community school is
a dropout prevention and recovery community school, as defined in
section 3314.02 of the Revised Code. The department shall include as
an addendum to the district's report card the ratings and performance
measures that are required under section 3314.017 of the Revised Code
for any community school to which division
(J)(1)(b)
(I)(1)(b)
of this section applies. This addendum shall include, at a minimum,
the data specified in divisions (C)(1)(a), (C)(2), and (C)(3) of
section 3314.017 of the Revised Code.
(2)
Any district that leases a building to a community school located in
the district or that enters into an agreement with a community school
located in the district whereby the district and the school endorse
each other's programs may elect to have data regarding the academic
performance of students enrolled in the community school combined
with comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district report card. Any district that so elects shall annually file
a copy of the lease or agreement with the department.
(3)
Any municipal school district, as defined in section 3311.71 of the
Revised Code, that sponsors a community school located within the
district's territory, or that enters into an agreement with a
community school located within the district's territory whereby the
district and the community school endorse each other's programs, may
exercise either or both of the following elections:
(a)
To have data regarding the academic performance of students enrolled
in that community school combined with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the district's report card;
(b)
To have the number of students attending that community school noted
separately on the district's report card.
The
election authorized under division
(J)(3)(a)
(I)(3)(a)
of this section is subject to approval by the governing authority of
the community school.
Any
municipal school district that exercises an election to combine or
include data under division
(J)(3)
(I)(3)
of this section, by the first day of October of each year, shall file
with the department documentation indicating eligibility for that
election, as required by the department.
(K)
(J)
The department shall include on each report card the percentage of
teachers in the district or building who are properly certified or
licensed teachers, as defined in section 3319.074 of the Revised
Code, and a comparison of that percentage with the percentages of
such teachers in similar districts and buildings.
(L)(1)
(K)(1)
In calculating English language arts, mathematics, science, American
history, or American government assessment passage rates used to
determine school district or building performance under this section,
the department shall include all students taking an assessment with
accommodation or to whom an alternate assessment is administered
pursuant to division (C)(1) or (3) of section 3301.0711 of the
Revised Code and all students who take substitute examinations
approved under division (B)(4) of section 3301.0712 of the Revised
Code in the subject areas of science, American history and American
government.
(2)
In calculating performance index scores, rates of achievement on the
performance indicators established by the department under section
3302.02 of the Revised Code, and annual measurable objectives for
determining adequate yearly progress for school districts and
buildings under this section, the department shall do all of the
following:
(a)
Include for each district or building only those students who are
included in the ADM certified for the first full school week of
October and are continuously enrolled in the district or building
through the time of the spring administration of any assessment
prescribed by division (A)(1)
or
(B)(1)
of
section 3301.0710 or division (B) of section 3301.0712 of the Revised
Code that is administered to the student's grade level;
(b)
Include cumulative totals from both the fall and spring
administrations of the third grade English language arts achievement
assessment and, to the extent possible, the summer administration of
that assessment;
(c)
Include for each district or building any English learner in
accordance with the department's plan, as approved by the United
States secretary of education, to comply with the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339.
As
used in this section, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.
(M)
(L)
Beginning with the 2015-2016 school year and at least once every
three years thereafter, the department shall review and may adjust
the benchmarks for assigning
letter
grades or
performance
ratings to the performance measures and components prescribed under
divisions
(C)(3),
(D), and (E)
(A),
(B), and (C)
of
this section.
Sec.
3302.034.
(A)
The department of education and workforce shall adopt and specify
measures in addition to those included on the report card issued
under section 3302.03 of the Revised Code. The measures adopted under
this section shall be reported separately, as specified under
division (B) of this section, for each school district, each building
in a district, each community school established under Chapter 3314.,
and
each
STEM school established under Chapter 3326.
,
and each college-preparatory boarding school established under
Chapter 3328.
of the Revised Code. The measures shall include at least the
following:
(1)
Data for students who have passed over a grade or subject area under
an acceleration policy prescribed under section 3324.10 of the
Revised Code;
(2)
The number of students who are economically disadvantaged as
determined by the department;
(3)
The number of lead teachers employed by each district and each
building once the data is available through the education management
information system established under section 3301.0714 of the Revised
Code;
(4)
The amount of students screened and identified as gifted under
Chapter 3324. of the Revised Code;
(5)
Postgraduate student outcome data, including postsecondary credit
earned, nationally recognized career or technical certification,
military enlistment, job placement, and attendance rate;
(6)
Availability of courses in fine arts;
(7)
Participation with other school districts to provide career-technical
education services to students.
(B)
The department shall report this information annually beginning with
the 2013-2014 school year and make this information available on its
web site for comparison purposes.
Sec.
3302.035.
(A)
Not later than October 1, 2015, and not later than the first day of
October each year thereafter, the department of education and
workforce shall report for each school district, each community
school established under Chapter 3314.,
and
each
STEM school established under Chapter 3326.
,
and each college-preparatory boarding school established under
Chapter 3328.
of the Revised Code, the following measures for students with
disabilities enrolled in that school district or community
,
or
STEM
,
or college-preparatory boarding
school:
(1)
The value-added progress dimension score disaggregated for that
subgroup, as determined by the department;
(2)
The performance index score for that subgroup, as defined under
division (A) of section 3302.01 of the Revised Code;
(3)
The four- and five-year adjusted cohort graduation rates, as defined
under divisions (G)(1) and (2) of section 3302.01 of the Revised
Code, for that subgroup.
(B)
The department shall make each report completed pursuant to division
(A) of this section available on its web site for comparison
purposes.
Sec.
3302.04.
(A)
The department of education and workforce shall establish a system of
intensive, ongoing support for the improvement of school districts
and school buildings. In accordance with the model of differentiated
accountability described in section 3302.041 of the Revised Code, the
system shall give priority to districts and buildings in the manner
prescribed by any agreement currently in force between the department
of education and workforce and the United States department of
education. The department of education and workforce shall endeavor
to include schools and buildings that receive
grades
or
performance
ratings under section 3302.03 of the Revised Code that the department
considers to be low performing.
The
system shall include services provided to districts and buildings
through regional service providers, such as educational service
centers. The system may include the appointment of an improvement
coordinator for any of the lowest performing districts, as determined
by the department of education and workforce, to coordinate the
district's academic improvement efforts and to build support among
the community for those efforts.
(B)
A district or building that meets the conditions for intervention
prescribed by the agreement described in division (A) of this section
shall be subject to any rules establishing such intervention.
(C)
The department of education and workforce may initiate a site
evaluation of a building or school district that meets the conditions
for a site evaluation prescribed by the agreement described in
division (A) of this section.
(D)
This division applies only to school districts that operate a school
building that fails to make adequate yearly progress for two or more
consecutive school years. It does not apply to any such district
after June 30, 2008, except as provided in division (D)(2) of section
3313.97 of the Revised Code.
(1)
For any school building that fails to make adequate yearly progress
for two consecutive school years, the district shall do all of the
following:
(a)
Provide written notification of the academic issues that resulted in
the building's failure to make adequate yearly progress to the parent
or guardian of each student enrolled in the building. The
notification shall also describe the actions being taken by the
district or building to improve the academic performance of the
building and any progress achieved toward that goal in the
immediately preceding school year.
(b)
If the building receives funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section 3313.97
of the Revised Code, offer all students enrolled in the building the
opportunity to enroll in an alternative building within the district
that is not in school improvement status as defined by the "No
Child Left Behind Act of 2001." Notwithstanding Chapter 3327. of
the Revised Code, the district shall spend an amount equal to twenty
per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under this division, unless the district can
satisfy all demand for transportation with a lesser amount. If an
amount equal to twenty per cent of the funds the district receives
under Title I, Part A of the "Elementary and Secondary Education
Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy
all demand for transportation, the district shall grant priority over
all other students to the lowest achieving students among the
subgroup described in division (B)(3) of section 3302.01 of the
Revised Code in providing transportation. Any district that does not
receive funds under Title I, Part A of the "Elementary and
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall
not be required to provide transportation to any student who enrolls
in an alternative building under this division.
(2)
For any school building that fails to make adequate yearly progress
for three consecutive school years, the district shall do both of the
following:
(a)
If the building receives funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section 3313.97
of the Revised Code, provide all students enrolled in the building
the opportunity to enroll in an alternative building within the
district that is not in school improvement status as defined by the
"No Child Left Behind Act of 2001." Notwithstanding Chapter
3327. of the Revised Code, the district shall provide transportation
for students who enroll in alternative buildings under this division
to the extent required under division (D)(2) of this section.
(b)
If the building receives funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, offer supplemental educational
services to students who are enrolled in the building and who are in
the subgroup described in division (B)(3) of section 3302.01 of the
Revised Code.
The
district shall spend a combined total of an amount equal to twenty
per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (D)(1)(b) or (D)(2)(a) of this
section and to pay the costs of the supplemental educational services
provided to students under division (D)(2)(b) of this section, unless
the district can satisfy all demand for transportation and pay the
costs of supplemental educational services for those students who
request them with a lesser amount. In allocating funds between the
requirements of divisions (D)(1)(b) and (D)(2)(a) and (b) of this
section, the district shall spend at least an amount equal to five
per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (D)(1)(b) or (D)(2)(a) of this
section, unless the district can satisfy all demand for
transportation with a lesser amount, and at least an amount equal to
five per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to pay the costs of the supplemental educational
services provided to students under division (D)(2)(b) of this
section, unless the district can pay the costs of such services for
all students requesting them with a lesser amount. If an amount equal
to twenty per cent of the funds the district receives under Title I,
Part A of the "Elementary and Secondary Education Act of 1965,"
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for
transportation under divisions (D)(1)(b) and (D)(2)(a) of this
section and to pay the costs of all of the supplemental educational
services provided to students under division (D)(2)(b) of this
section, the district shall grant priority over all other students in
providing transportation and in paying the costs of supplemental
educational services to the lowest achieving students among the
subgroup described in division (B)(3) of section 3302.01 of the
Revised Code.
Any
district that does not receive funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, shall not be required to provide transportation to any
student who enrolls in an alternative building under division
(D)(2)(a) of this section or to pay the costs of supplemental
educational services provided to any student under division (D)(2)(b)
of this section.
No
student who enrolls in an alternative building under division
(D)(2)(a) of this section shall be eligible for supplemental
educational services under division (D)(2)(b) of this section.
(3)
For any school building that fails to make adequate yearly progress
for four consecutive school years, the district shall continue to
comply with division (D)(2) of this section and shall implement at
least one of the following options with respect to the building:
(a)
Institute a new curriculum that is consistent with the statewide
academic standards adopted pursuant to division (A) of section
3301.079 of the Revised Code;
(b)
Decrease the degree of authority the building has to manage its
internal operations;
(c)
Appoint an outside expert to make recommendations for improving the
academic performance of the building. The district may request the
department to establish a state intervention team for this purpose
pursuant to division (E) of this section.
(d)
Extend the length of the school day or year;
(e)
Replace the building principal or other key personnel;
(f)
Reorganize the administrative structure of the building.
(4)
For any school building that fails to make adequate yearly progress
for five consecutive school years, the district shall continue to
comply with division (D)(2) of this section and shall develop a plan
during the next succeeding school year to improve the academic
performance of the building, which shall include at least one of the
following options:
(a)
Reopen the school as a community school under Chapter 3314. of the
Revised Code;
(b)
Replace personnel;
(c)
Contract with a nonprofit or for-profit entity to operate the
building;
(d)
Turn operation of the building over to the department;
(e)
Other significant restructuring of the building's governance.
(5)
For any school building that fails to make adequate yearly progress
for six consecutive school years, the district shall continue to
comply with division (D)(2) of this section and shall implement the
plan developed pursuant to division (D)(4) of this section.
(6)
A district shall continue to comply with division (D)(1)(b) or (D)(2)
of this section, whichever was most recently applicable, with respect
to any building formerly subject to one of those divisions until the
building makes adequate yearly progress for two consecutive school
years.
(E)
The department may establish a state intervention team to evaluate
all aspects of a school district or building, including management,
curriculum, instructional methods, resource allocation, and
scheduling. Any such intervention team shall be appointed by the
department and shall include teachers and administrators recognized
as outstanding in their fields. The intervention team shall make
recommendations regarding methods for improving the performance of
the district or building.
The
department shall not approve a district's request for an intervention
team under division (D)(3) of this section if the department cannot
adequately fund the work of the team, unless the district agrees to
pay for the expenses of the team.
(F)
The department shall conduct individual audits of a sampling of
community schools established under Chapter 3314. of the Revised Code
to determine compliance with this section.
(G)
A school district in which the pilot project scholarship program is
operating under sections 3313.974 to 3313.979 of the Revised Code
shall report the use of funding for tutorial assistance grants under
that program in the district's three-year continuous improvement plan
under this section in a manner approved by the department.
(H)
The department of education and workforce shall adopt rules for
implementing this section.
Sec.
3302.05.
The
department of education and workforce shall adopt rules freeing
school districts from specified state mandates if
one of the following applies:
(A)
For the 2011-2012 school year, the school district was declared to be
excellent under section 3302.03 of the Revised Code, as that section
existed prior to March 22, 2013, and had above expected growth in the
overall value-added measure.
(B)
For the 2012-2013 school year, the school district received a grade
of "A" for the number of performance indicators met under
division (A)(1)(c) of section 3302.03 of the Revised Code and for the
value-added dimension under division (A)(1)(e) of section 3302.03 of
the Revised Code.
(C)
For the 2013-2014, 2014-2015, or 2015-2016 school year, the school
district received a grade of "A" for the number of
performance indicators met under division (B)(1)(c) of section
3302.03 of the Revised Code and for the value-added dimension under
division (B)(1)(e) of section 3302.03 of the Revised Code.
(D)
For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, or 2020-2021
school year, the school district received an overall grade of "A"
under division (C)(3) of section 3302.03 of the Revised Code.
(E)
For the 2021-2022 school year and for each school year thereafter,
the school district received an overall performance rating of five
stars under
division
(D)(3) of
section
3302.03 of the Revised Code.
Any
mandates included in the rules shall be only those statutes or rules
pertaining to state education requirements. The rules shall not
exempt districts from any operating standard adopted under division
(D)(3) of section 3301.07 of the Revised Code.
Sec.
3302.07.
(A)
The board of education of any school district, the governing board of
any educational service center,
the governing authority of any community school established under
Chapter 3314. of the Revised Code, the governing authority of any
STEM school established under Chapter 3326. of the Revised Code,
or the administrative authority of any chartered nonpublic school may
submit to the department of education and workforce an application
proposing an innovative education pilot program the implementation of
which requires exemptions from specific statutory provisions or
rules. If a district or service center board employs teachers under a
collective bargaining agreement adopted pursuant to Chapter 4117. of
the Revised Code, any application submitted under this division shall
include the written consent of the teachers' employee representative
designated under division (B) of section 4117.04 of the Revised Code.
The exemptions requested in the application shall be limited to any
requirement of Title XXXIII of the Revised Code or of any rule of the
department adopted pursuant to that title except that the application
may not propose an exemption from any requirement of or rule adopted
pursuant to Chapter 3307. or 3309., section 3302.41 or 3302.42,
sections 3319.07 to 3319.21,
section 3313.6028,
3319.2310,
or
Chapter 3323. of the Revised Code. Furthermore, an exemption from any
operating standard adopted under division (B)(2) or (D) of section
3301.07 of the Revised Code shall be granted only pursuant to a
waiver granted by the director of education and workforce under
division
(O)
(N)
of that section.
(B)
The department shall accept any application submitted in accordance
with division (A) of this section. The director shall approve or
disapprove the application in accordance with standards for approval,
which shall be adopted by the department.
(C)
The director shall exempt each district
or
,
service center
,
community school, or STEM school
board or chartered nonpublic school administrative authority with an
application approved under division (B) of this section for a
specified period from the statutory provisions or rules specified in
the approved application. The period of exemption shall not exceed
the period during which the pilot program proposed in the application
is being implemented and a reasonable period to allow for evaluation
of the effectiveness of the program.
(D)
The department shall promote innovative educational programs designed
to increase student achievement and engagement, improve student
wellness, and prepare students for the workforce and post-secondary
education. The department shall do all of the following:
(1)
Provide technical assistance and support to districts and schools in
designing and implementing innovative ideas for education;
(2)
Publicize model projects of educational innovation, including
projects that use artificial intelligence in instruction;
(3)
Promote the availability of waivers from education laws and rules
under this section to implement innovative educational programs.
Sec.
3302.10.
(A)
The department of education and workforce shall establish an academic
distress commission for any school district that meets one of the
following conditions:
(1)
The district has for three consecutive years received
either
of the following:
(a)
An overall grade of "F" under division (C)(3) of section
3302.03 of the Revised Code;
(b)
An
an
overall
performance rating of less than two stars under
division
(D)(3) of
section
3302.03 of the Revised Code.
(2)
An academic distress commission established for the district under
former section 3302.10 of the Revised Code was still in existence on
October 15, 2015, and has been in existence for at least four years.
(B)(1)
The academic distress commission shall consist of five members as
follows:
(a)
Three members appointed by the director of education and workforce,
one of whom is a resident in the county in which a majority of the
district's territory is located;
(b)
One member appointed by the president of the district board of
education, who shall be a teacher employed by the district;
(c)
One member appointed by the mayor of the municipality in which a
majority of the district's territory is located or, if no such
municipality exists, by the mayor of a municipality selected by the
director of education and workforce in which the district has
territory.
Appointments
to the commission shall be made within thirty days after the district
is notified that it is subject to this section. Members of the
commission shall serve at the pleasure of their appointing authority.
The director shall designate a chairperson for the commission from
among the members appointed by the director. The chairperson shall
call and conduct meetings, set meeting agendas, and serve as a
liaison between the commission and the chief executive officer
appointed under division (C)(1) of this section.
(2)
In the case of a school district that meets the condition in division
(A)(2) of this section, the academic distress commission established
for the district under former section 3302.10 of the Revised Code
shall be abolished and a new academic distress commission shall be
appointed for the district pursuant to division (B)(1) of this
section.
(C)(1)
Within sixty days after the director has designated a chairperson for
the academic distress commission, the commission shall appoint a
chief executive officer for the district, who shall be paid by the
department of education and workforce and shall serve at the pleasure
of the commission. The individual appointed as chief executive
officer shall have high-level management experience in the public or
private sector. The chief executive officer shall exercise complete
operational, managerial, and instructional control of the district,
which shall include, but shall not be limited to, the following
powers and duties, but the chief executive officer may delegate, in
writing, specific powers or duties to the district board or district
superintendent:
(a)
Replacing school administrators and central office staff;
(b)
Assigning employees to schools and approving transfers;
(c)
Hiring new employees;
(d)
Defining employee responsibilities and job descriptions;
(e)
Establishing employee compensation;
(f)
Allocating teacher class loads;
(g)
Conducting employee evaluations;
(h)
Making reductions in staff under section 3319.17, 3319.171, or
3319.172 of the Revised Code;
(i)
Setting the school calendar;
(j)
Creating a budget for the district;
(k)
Contracting for services for the district;
(l)
Modifying policies and procedures established by the district board;
(m)
Establishing grade configurations of schools;
(n)
Determining the school curriculum;
(o)
Selecting instructional materials and assessments;
(p)
Setting class sizes;
(q)
Providing for staff professional development.
(2)
If an improvement coordinator was previously appointed for the
district pursuant to division (A) of section 3302.04 of the Revised
Code, that position shall be terminated. However, nothing in this
section shall prohibit the chief executive officer from employing the
same individual or other staff to perform duties or functions
previously performed by the improvement coordinator.
(D)
The academic distress commission, in consultation with the director
of education and workforce and the chief executive officer, shall be
responsible for expanding high-quality school choice options in the
district. The commission, in consultation with the director, may
create an entity to act as a high-quality school accelerator for
schools not operated by the district. The accelerator shall promote
high-quality schools in the district, lead improvement efforts for
underperforming schools, recruit high-quality sponsors for community
schools, attract new high-quality schools to the district, and
increase the overall capacity of schools to deliver a high-quality
education for students. Any accelerator shall be an independent
entity and the chief executive officer shall have no authority over
the accelerator.
(E)(1)
Within thirty days after the chief executive officer is appointed,
the chief executive officer shall convene a group of community
stakeholders. The purpose of the group shall be to develop
expectations for academic improvement in the district and to assist
the district in building relationships with organizations in the
community that can provide needed services to students. Members of
the group shall include, but shall not be limited to, educators,
civic and business leaders, and representatives of institutions of
higher education and government service agencies. Within ninety days
after the chief executive officer is appointed, the chief executive
officer also shall convene a smaller group of community stakeholders
for each school operated by the district to develop expectations for
academic improvement in that school. The group convened for each
school shall have teachers employed in the school and parents of
students enrolled in the school among its members.
(2)
The chief executive officer shall create a plan to improve the
district's academic performance. In creating the plan, the chief
executive officer shall consult with the groups convened under
division (E)(1) of this section. The chief executive officer also
shall consider the availability of funding to ensure sustainability
of the plan. The plan shall establish clear, measurable performance
goals for the district and for each school operated by the district.
The performance goals shall include, but not be limited to, the
performance measures prescribed for report cards issued under section
3302.03 of the Revised Code. Within ninety days after the chief
executive officer is appointed, the chief executive officer shall
submit the plan to the academic distress commission for approval.
Within thirty days after the submission of the plan, the commission
shall approve the plan or suggest modifications to the plan that will
render it acceptable. If the commission suggests modifications, the
chief executive officer may revise the plan before resubmitting it to
the commission. The chief executive officer shall resubmit the plan,
whether revised or not, within fifteen days after the commission
suggests modifications. The commission shall approve the plan within
thirty days after the plan is resubmitted. Upon approval of the plan
by the commission, the chief executive officer shall implement the
plan.
(F)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, if the district board has entered into, modified,
renewed, or extended a collective bargaining agreement on or after
October 15, 2015, that contains provisions relinquishing one or more
of the rights or responsibilities listed in division (C) of section
4117.08 of the Revised Code, those provisions are not enforceable and
the chief executive officer and the district board shall resume
holding those rights or responsibilities as if the district board had
not relinquished them in that agreement until such time as both the
academic distress commission ceases to exist and the district board
agrees to relinquish those rights or responsibilities in a new
collective bargaining agreement. For purposes of this section,
"collective bargaining agreement" shall include any labor
contract or agreement in effect with any applicable bargaining
representative. The chief executive officer and the district board
are not required to bargain on subjects reserved to the management
and direction of the school district, including, but not limited to,
the rights or responsibilities listed in division (C) of section
4117.08 of the Revised Code. The way in which these subjects and
these rights or responsibilities may affect the wages, hours, terms
and conditions of employment, or the continuation, modification, or
deletion of an existing provision of a collective bargaining
agreement is not subject to collective bargaining or effects
bargaining under Chapter 4117. of the Revised Code. The provisions of
this paragraph apply to a collective bargaining agreement entered
into, modified, renewed, or extended on or after October 15, 2015,
and those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the district
entered into that agreement. If the district board relinquished one
or more of the rights or responsibilities listed in division (C) of
section 4117.08 of the Revised Code in a collective bargaining
agreement entered into prior to October 15, 2015, and had resumed
holding those rights or responsibilities pursuant to division (K) of
former section 3302.10 of the Revised Code, as it existed prior to
that date, the district board shall continue to hold those rights or
responsibilities until such time as both the new academic distress
commission appointed under this section ceases to exist upon
completion of the transition period specified in division (N)(1) of
this section and the district board agrees to relinquish those rights
or responsibilities in a new collective bargaining agreement.
(G)
In each school year that the district is subject to this section, the
following shall apply:
(1)
The chief executive officer shall implement the improvement plan
approved under division (E)(2) of this section and shall review the
plan annually to determine if changes are needed. The chief executive
officer may modify the plan upon the approval of the modifications by
the academic distress commission.
(2)
The chief executive officer may implement innovative education
programs to do any of the following:
(a)
Address the physical and mental well-being of students and their
families;
(b)
Provide mentoring;
(c)
Provide job resources;
(d)
Disseminate higher education information;
(e)
Offer recreational or cultural activities;
(f)
Provide any other services that will contribute to a successful
learning environment.
The
chief executive officer shall establish a separate fund to support
innovative education programs and shall deposit any moneys
appropriated by the general assembly for the purposes of division
(G)(2) of this section in the fund. The chief executive officer shall
have sole authority to disburse moneys from the fund until the
district is no longer subject to this section. All disbursements
shall support the improvement plan approved under division (E)(2) of
this section.
(3)
If the district is not a school district in which the pilot project
scholarship program is operating under sections 3313.974 to 3313.979
of the Revised Code, each student who is entitled to attend school in
the district under section 3313.64 or 3313.65 of the Revised Code and
is enrolled in a school operated by the district or in a community
school, or will be both enrolling in any of grades kindergarten
through twelve in this state for the first time and at least five
years of age by the first day of January of the following school
year, shall be eligible to participate in the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code and an application for the student may be
submitted during the next application period.
(4)
Notwithstanding anything to the contrary in the Revised Code, the
chief executive officer may limit, suspend, or alter any contract
with an administrator that is entered into, modified, renewed, or
extended by the district board on or after October 15, 2015, provided
that the chief executive officer shall not reduce any salary or base
hourly rate of pay unless such salary or base hourly rate reductions
are part of a uniform plan affecting all district employees and shall
not reduce any insurance benefits unless such insurance benefit
reductions are also applicable generally to other employees of the
district.
(5)
The chief executive officer shall represent the district board during
any negotiations to modify, renew, or extend a collective bargaining
agreement entered into by the board under Chapter 4117. of the
Revised Code.
(H)
If the report card for the district has been issued under section
3302.03 of the Revised Code for the first school year that the
district is subject to this section and the district does not meet
the qualification in division (N)(1) of this section, the following
shall apply:
(1)
The chief executive officer may reconstitute any school operated by
the district. The chief executive officer shall present to the
academic distress commission a plan that lists each school designated
for reconstitution and explains how the chief executive officer plans
to reconstitute the school. The chief executive officer may take any
of the following actions to reconstitute a school:
(a)
Change the mission of the school or the focus of its curriculum;
(b)
Replace the school's principal and/or administrative staff;
(c)
Replace a majority of the school's staff, including teaching and
nonteaching employees;
(d)
Contract with a nonprofit or for-profit entity to manage the
operations of the school. The contract may provide for the entity to
supply all or some of the staff for the school.
(e)
Reopen the school as a community school under Chapter 3314. of the
Revised Code or a science, technology, engineering, and mathematics
school under Chapter 3326. of the Revised Code;
(f)
Permanently close the school.
If
the chief executive officer plans to reconstitute a school under
division (H)(1)(e) or (f) of this section, the commission shall
review the plan for that school and either approve or reject it by
the thirtieth day of June of the school year. Upon approval of the
plan by the commission, the chief executive officer shall
reconstitute the school as outlined in the plan.
(2)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the chief executive officer, in consultation with the
chairperson of the academic distress commission, may reopen any
collective bargaining agreement entered into, modified, renewed, or
extended on or after October 15, 2015, for the purpose of
renegotiating its terms. The chief executive officer shall have the
sole discretion to designate any provisions of a collective
bargaining agreement as subject to reopening by providing written
notice to the bargaining representative. Any provisions designated
for reopening by the chief executive officer shall be subject to
collective bargaining as set forth in Chapter 4117. of the Revised
Code. Any changes to the provisions subject to reopening shall take
effect on the following first day of July or another date agreed to
by the parties. The chief executive officer may reopen a collective
bargaining agreement under division (H)(2) of this section as
necessary to reconstitute a school under division (H)(1) of this
section.
(I)
If the report card for the district has been issued under section
3302.03 of the Revised Code for the second school year that the
district is subject to this section and the district does not meet
the qualification in division (N)(1) of this section, the following
shall apply:
(1)
The chief executive officer may exercise any of the powers authorized
under division (H) of this section.
(2)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the chief executive officer may limit, suspend, or
alter any provision of a collective bargaining agreement entered
into, modified, renewed, or extended on or after October 15, 2015,
provided that the chief executive officer shall not reduce any base
hourly rate of pay and shall not reduce any insurance benefits. The
decision to limit, suspend, or alter any provision of a collective
bargaining agreement under this division is not subject to bargaining
under Chapter 4117. of the Revised Code; however, the chief executive
officer shall have the discretion to engage in effects bargaining on
the way any such decision may affect wages, hours, or terms and
conditions of employment. The chief executive officer may limit,
suspend, or alter a provision of a collective bargaining agreement
under division (I)(2) of this section as necessary to reconstitute a
school under division (H)(1) of this section.
(J)
If the report card for the district has been issued under section
3302.03 of the Revised Code for the third school year that the
district is subject to this section and the district does not meet
the qualification in division (N)(1) of this section, the following
shall apply:
(1)
The chief executive officer may exercise any of the powers authorized
under division (H) or (I) of this section.
(2)
The chief executive officer may continue in effect a limitation,
suspension, or alteration of a provision of a collective bargaining
agreement issued under division (I)(2) of this section. Any such
continuation shall be subject to the requirements and restrictions of
that division.
(K)
If the report card for the district has been issued under section
3302.03 of the Revised Code for the fourth school year that the
district is subject to this section and the district does not meet
the qualification in division (N)(1) of this section, the following
shall apply:
(1)
The chief executive officer may exercise any of the powers authorized
under division (H), (I), or (J) of this section.
(2)
A new board of education shall be appointed for the district in
accordance with section 3302.11 of the Revised Code. However, the
chief executive officer shall retain complete operational,
managerial, and instructional control of the district until the chief
executive officer relinquishes that control to the district board
under division (N)(1) of this section.
(L)
If the report card for the district has been issued under section
3302.03 of the Revised Code for the fifth school year, or any
subsequent school year, that the district is subject to this section
and the district does not meet the qualification in division (N)(1)
of this section, the chief executive officer may exercise any of the
powers authorized under division (H), (I), (J), or (K)(1) of this
section.
(M)
If division (I), (J), (K), or (L) of this section applies to a
district, community schools, STEM schools, chartered nonpublic
schools, and other school districts that enroll students residing in
the district and meet academic accountability standards shall be
eligible to be paid an academic performance bonus in each fiscal year
for which the general assembly appropriates funds for that purpose.
The academic performance bonus is intended to give students residing
in the district access to a high-quality education by encouraging
high-quality schools to enroll those students.
(N)(1)
When a district subject to this section receives
either
an overall grade of "C" or higher under division (C)(3) of
section 3302.03 of the Revised Code or
an
overall performance rating of three stars or higher under
division
(D)(3) of
section
3302.03 of the Revised Code, the district shall begin its transition
out of being subject to this section. Except as provided in division
(N)(2) of this section, the transition period shall last until the
district has received
either
an overall grade higher than "F" under division (C)(3) of
section 3302.03 of the Revised Code or
an
overall performance rating of two stars or higher under
division
(D)(3) of
section
3302.03 of the Revised Code for two consecutive school years after
the transition period begins. The
overall
grade of "C" or higher or
overall
performance rating of three stars or higher that qualify the district
to begin the transition period shall not count as one of the two
consecutive school years. During the transition period, the
conditions described in divisions (F) to (L) of this section for the
school year prior to the school year in which the transition period
begins shall continue to apply and the chief executive officer shall
work closely with the district board and district superintendent to
increase their ability to resume control of the district and sustain
the district's academic improvement over time. Upon completion of the
transition period, the chief executive officer shall relinquish all
operational, managerial, and instructional control of the district to
the district board and district superintendent and the academic
distress commission shall cease to exist.
(2)
If the district receives
either
an overall grade of "F" under division (C)(3) of section
3302.03 of the Revised Code or
an
overall performance rating of less than two stars under
division
(D)(3) of
section
3302.03 of the Revised Code at any time during the transition period,
the transition period shall end and the district shall be fully
subject to this section again. The district shall resume being fully
subject to this section at the point it began its transition out of
being subject to this section and the division in divisions (H) to
(L) of this section that would have applied to the district had the
district not qualified to begin its transition under division (N)(1)
of this section shall apply to the district.
(O)
If at any time there are no longer any schools operated by the
district due to reconstitution or other closure of the district's
schools under this section, the academic distress commission shall
cease to exist and the chief executive officer shall cease to
exercise any powers with respect to the district.
(P)
Beginning on October 15, 2015, each collective bargaining agreement
entered into by a school district board of education under Chapter
4117. of the Revised Code shall incorporate the provisions of this
section.
(Q)
The chief executive officer, the members of the academic distress
commission, the director of education and workforce, and any person
authorized to act on behalf of or assist them shall not be personally
liable or subject to any suit, judgment, or claim for damages
resulting from the exercise of or failure to exercise the powers,
duties, and functions granted to them in regard to their functioning
under this section, but the chief executive officer, commission,
director, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this section.
(R)
The department of education and workforce shall not exempt any
district from this section by approving an application for an
innovative education pilot program submitted by the district under
section 3302.07 of the Revised Code.
Sec.
3302.12.
(A)(1)
Except as provided in divisions (C) and (D) of this section, this
section applies to a school building that is ranked according to
performance index score under section 3302.21 of the Revised Code in
the lowest five per cent of public school buildings statewide for
three consecutive years and that meets any combination of the
following for three consecutive years:
(a)
The
school building has received a grade of "F" for the
value-added progress dimension under division (A)(1)(e), (B)(1)(e),
or (C)(1)(e) of section 3302.03 of the Revised Code;
(b)
The school building has received an overall grade of "F"
under section 3302.03 of the Revised Code;
(c)
The
school building has received a performance rating of one star for
progress under
division
(D)(3)(c) of
section
3302.03 of the Revised Code;
(d)
(b)
The
school building has received an overall performance rating of less
than two stars under section 3302.03 of the Revised Code.
(2)
In the case of a building to which this section applies, the district
board of education in control of that building shall do one of the
following at the conclusion of the school year in which the building
first becomes subject to this section:
(a)
Close the school and direct the district superintendent to reassign
the students enrolled in the school to other school buildings that
demonstrate higher academic achievement;
(b)
Contract with another school district or a nonprofit or for-profit
entity with a demonstrated record of effectiveness to operate the
school;
(c)
Replace the principal and all teaching staff of the school and, upon
request from the new principal, exempt the school from all requested
policies and regulations of the board regarding curriculum and
instruction. The board also shall distribute funding to the school in
an amount that is at least equal to the product of the per pupil
amount of state and local revenues received by the district
multiplied by the student population of the school.
(d)
Reopen the school as a conversion community school under Chapter
3314. of the Revised Code.
(B)
If an action taken by the board under division (A)(2) of this section
causes the district to no longer maintain all grades kindergarten
through twelve, as required by section 3311.29 of the Revised Code,
the board shall enter into a contract with another school district
pursuant to section 3327.04 of the Revised Code for enrollment of
students in the schools of that other district to the extent
necessary to comply with the requirement of section 3311.29 of the
Revised Code. Notwithstanding any provision of the Revised Code to
the contrary, if the board enters into and maintains a contract under
section 3327.04 of the Revised Code, the district shall not be
considered to have failed to comply with the requirement of section
3311.29 of the Revised Code. If, however, the district board fails to
or is unable to enter into or maintain such a contract, the state
board of education shall take all necessary actions to dissolve the
district as provided in division (A) of section 3311.29 of the
Revised Code.
(C)
If a particular school is required to restructure under this section
and a petition with respect to that same school has been filed and
verified under divisions (B) and (C) of section 3302.042 of the
Revised Code, the provisions of that section and the petition filed
and verified under it shall prevail over the provisions of this
section and the school shall be restructured under that section.
However, if division (D)(1), (2), or (3) of section 3302.042 of the
Revised Code also applies to the school, the school shall be subject
to restructuring under this section and not section 3302.042 of the
Revised Code.
If
the provisions of this section conflict in any way with the
requirements of federal law, federal law shall prevail over the
provisions of this section.
(D)
(C)
If a school is restructured under this section
,
section
3302.042
or
section
3302.10
of the Revised Code, or federal law, the school shall not be required
to restructure again under state law for three consecutive years
after the implementation of that prior restructuring.
Sec.
3302.13.
(A)
This section applies to any school district or community school that
meets both of the following criteria, as reported on the past two
consecutive report cards issued for that district or school under
section 3302.03 of the Revised Code:
(1)
The district or school received
either
of the following:
(a)
A grade of "D" or "F" on the kindergarten through
third-grade literacy progress measure under division (C)(3)(e) of
section 3302.03 of the Revised Code;
(b)
A
a
performance
rating of less than three stars for early literacy under
division
(D)(3)(e) of
section
3302.03 of the Revised Code.
(2)
Fifty-one per cent or less of the district's students who took the
third grade English language arts assessment prescribed under section
3301.0710 of the Revised Code for that school year attained at least
a proficient score on that assessment.
(B)
By the thirty-first day of December of each year, any school district
or community school that meets the criteria set forth in division (A)
of this section shall submit to the department of education and
workforce a school or district reading achievement improvement plan,
which shall include all requirements prescribed by the department
pursuant to division (C) of this section.
(C)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code prescribing the content of and deadlines for the
reading achievement improvement plans required under division (B) of
this section. The rules shall prescribe that each plan include, at a
minimum, an analysis of relevant student performance data, measurable
student performance goals, strategies to meet specific student needs,
a staffing and professional development plan, and instructional
strategies for improving literacy.
(D)
Any school district or community school to which this section applies
shall no longer be required to submit an improvement plan pursuant to
division (B) of this section when that district or school meets
either of the following criteria, as reported on the most recent
report card issued for that district or school under section 3302.03
of the Revised Code:
(1)
The district or school received
either
of the following:
(a)
A grade of "C" or higher on the kindergarten through
third-grade literacy progress measure under division (C)(3)(e) of
section 3302.03 of the Revised Code;
(b)
A
a
performance
rating of three stars or higher for early literacy under
division
(D)(3)(e) of
section
3302.03 of the Revised Code.
(2)
Not less than fifty-one per cent of the district's students who took
the third grade English language arts assessment prescribed under
section 3301.0710 of the Revised Code for that school year attained
at least a proficient score on that assessment.
(E)
The department shall post in a prominent location on its web site all
plans submitted pursuant to this section.
Sec.
3302.151.
(A)
Notwithstanding anything to the contrary in the Revised Code, a
school district that qualifies under division (D) of this section
shall be exempt from all of the following:
(1)
The mentoring component of the Ohio teacher residency program
established under division (A)(1) of section 3319.223 of the Revised
Code, so long as the district utilizes a local approach to train and
support new teachers;
(2)
Any provision of the Revised Code or rule or standard of the
department of education and workforce prescribing a minimum or
maximum class size;
(3)
Any provision of the Revised Code or rule or standard of the
department requiring teachers to be licensed specifically in the
grade level in which they are teaching, except unless otherwise
prescribed by federal law. This exemption does not apply to special
education teachers. Nor does this exemption relieve a teacher from
holding a valid Ohio license in the subject area in which that
teacher is teaching and at least some grade level determined
appropriate by the district board.
(B)(1)
Notwithstanding anything to the contrary in the Revised Code,
including sections 3319.30 and 3319.36 of the Revised Code, the
superintendent of a school district that qualifies under division (D)
of this section may employ an individual who is not licensed as
required by sections 3319.22 to 3319.30 of the Revised Code, but who
is otherwise qualified based on experience, to teach classes in the
district, so long as the board of education of the school district
approves the individual's employment and provides mentoring and
professional development opportunities to that individual, as
determined necessary by the board.
(2)
As a condition of employment under this section, an individual shall
be subject to a criminal records check as prescribed by section
3319.391 of the Revised Code. In the manner prescribed by the state
board of education, the individual shall submit the criminal records
check to the state board and shall register with the state board
during the period in which the individual is employed by the
district. The state board shall use the information submitted to
enroll the individual in the retained applicant fingerprint database,
established under section 109.5721 of the Revised Code, in the same
manner as any teacher licensed under sections 3319.22 to 3319.31 of
the Revised Code.
(3)
An individual employed pursuant to this division is subject to
Chapter 3307. of the Revised Code.
If
the state board receives notification of the arrest or conviction of
an individual employed under division (B) of this section, the state
board shall promptly notify the employing district and may take any
action authorized under sections 3319.31 and 3319.311 of the Revised
Code that it considers appropriate. No district shall employ any
individual under division (B) of this section if the district learns
that the individual has plead guilty to, has been found guilty by a
jury or court of, or has been convicted of any of the offenses listed
in division (C) of section 3319.31 of the Revised Code.
(C)
Notwithstanding anything to the contrary in the Revised Code,
noncompliance with any of the requirements listed in divisions (A) or
(B) of this section shall not disqualify a school district that
qualifies under division (D) of this section from receiving funds
under Chapter 3317. of the Revised Code.
(D)
In order for a city, local, or exempted village school district to
qualify for the exemptions described in this section, the school
district shall meet both of the following benchmarks on the most
recent report card issued for that district under section 3302.03 of
the Revised Code:
(1)
The district received either of the following:
(a)
At least eighty-five per cent of the total possible points for the
performance index score calculated under division
(C)(1)(b)
or (D)(1)(c)
(A)(3)
of that section;
(b)
A performance rating of five stars for progress under division
(D)(3)(c)
(C)(3)
of that section.
(2)
The district has a four-year adjusted cohort graduation
rate
measure
of
at least ninety-three per cent and a five-year adjusted cohort
graduation
rate
measure
of
at least ninety-five per cent, as calculated under
division
(C)(1)(d) or
divisions
(D)(1)(e)
(A)(5)
and
(D)(1)(f)
(6)
of that section.
(E)(1)
A school district that meets the requirements prescribed by division
(D) of this section shall be qualified for the exemptions prescribed
by this section for three school years, beginning with the school
year in which the qualifying report card is issued.
(2)
The exemption prescribed under this division may be renewed every
three school years if the school district continues to meet the
requirements prescribed in division (D) of this section.
(3)
The department of education and workforce, by the thirtieth day of
September in each school year, shall notify each district that
becomes eligible for the exemptions under this section that the
district is eligible and that such exemptions exist.
(F)
As used in this section, "license" has the same meaning as
in section 3319.31 of the Revised Code.
Sec.
3302.17.
(A)
Any school building operated by a city, exempted village, or local
school district, or a community school established under Chapter
3314. of the Revised Code is eligible to initiate the community
learning center process as prescribed by this section.
(B)
Beginning with the 2015-2016 school year, each district board of
education or community school governing authority may initiate a
community learning center process for any school building
to which this section applies
.
First,
the board or governing authority shall conduct a public information
hearing at each school building to which this section applies to
inform the community of the community learning center process. The
board or governing authority may do all of the following with regard
to the public information hearing:
(1)
Announce the meeting not less than forty-five days in advance at the
school and on the school's or district's web sites and using tools to
ensure effective communication with individuals with disabilities;
(2)
Schedule the meeting for an evening or weekend time;
(3)
Provide interpretation services and written materials in all
languages spoken by five per cent or more of the students enrolled in
the school;
(4)
Provide child care services for parents attending the meeting;
(5)
Provide parents, students, teachers, nonteaching employees, and
community members with the opportunity to speak at the meeting;
(6)
Comply with section 149.43 of the Revised Code.
In
preparing for the public information hearing, the board or governing
authority shall ensure that information about the hearing is broadly
distributed throughout the community.
The
board or governing authority may enter into an agreement with any
civic engagement organizations, community organizations, or employee
organizations to support the implementation of the community learning
center process.
The
board or governing authority shall conduct a follow-up hearing at
least once annually until action is further taken under the section
with respect to the school building or until the conditions described
in division (A) of this section no longer apply to the school
building.
(C)
Not sooner than forty-five days after the first public information
hearing, the board or governing authority shall conduct an election,
by paper ballot, to initiate the process to become a community
learning center. Only parents or guardians of students enrolled in
the school and students enrolled in a different school operated by a
joint vocational school district but are otherwise entitled to attend
the school, and teachers and nonteaching employees who are assigned
to the school may vote in the election.
The
board or governing authority shall distribute the ballots by mail and
shall make copies available at the school and on the web site of the
school. The board or governing authority also may distribute the
ballots by directly giving ballots to teachers and nonteaching
employees and sending home ballots with every student enrolled in the
school building.
(D)
The board or governing authority shall initiate the transition of the
building to a community learning center if the results of the
election held under division (C) of this section are as follows:
(1)
At least fifty per cent of parents and guardians of students enrolled
in the eligible school building and students enrolled in a different
building operated by a joint vocational school district but who are
entitled to attend the school cast ballots by a date set by the board
or governing authority, and of those ballots at least sixty-seven per
cent are in favor of initiating the process; and
(2)
At least fifty per cent of teachers and nonteaching employees who are
assigned to the school cast ballots by a date set by the board or
governing authority, and of those ballots at least sixty-seven per
cent are in favor of initiating the process.
(E)
If a community learning center process is initiated under this
section, the board or governing authority shall create a school
action team under section 3302.18 of the Revised Code. Within four
months upon selection, the school action team shall conduct and
complete, in consultation with community partners, a performance
audit of the school and review, with parental input, the needs of the
school with regard to restructuring under section 3302.10
,
or
3302.12
,
or 3302.042
of the Revised Code, or federal law.
The
school action team shall provide quarterly updates of its work in a
public hearing that complies with the same specifications prescribed
in division (B) of this section.
(F)
Upon completion of the audit and review, the school action team shall
present its findings at a public hearing that complies with the same
specifications prescribed in division (B) of this section. After the
school action team presents its findings at the public hearing, it
shall create a community learning center improvement plan that
designates appropriate interventions, which may be based on the
recommendations developed by the department under division (H)(1)(b)
of this section.
If
there is a federally mandated school improvement planning process,
the team shall coordinate its work with that plan.
The
school action team shall approve the plan by a majority vote.
(G)
Upon approval of the plan by the school action team, the team shall
submit the community learning center improvement plan to the same
individuals described in division (C) of this section. Ballots shall
be distributed and an election shall be conducted in the same manner
as indicated under that division.
The
school action team shall submit the plan to the district board of
education or community school governing authority, if the results of
the election under division (G) of this section are as follows:
(1)
At least thirty per cent of parents and guardians of students
enrolled in the eligible school building and students enrolled in a
different building operated by a joint vocational school district but
who are entitled to attend the school cast ballots by a date set by
the board or governing authority, and of those ballots at least fifty
per cent are in favor of initiating the process; and
(2)
At least thirty per cent of teachers and nonteaching employees who
are assigned to the school cast ballots by a date set by the board or
governing authority, and of those ballots at least fifty per cent are
in favor of initiating the process.
The
board or governing authority shall evaluate the plan and determine
whether to adopt it. The board or governing authority shall adopt the
plan in full or adopt portions of the plan. If the board or governing
authority does not adopt the plan in full, it shall provide a written
explanation of why portions of the plan were rejected.
(H)(1)
The department shall do all of the following with respect to this
section:
(a)
Adopt rules regarding the elections required under this section;
(b)
Develop appropriate interventions for a community learning center
improvement plan that may be used by a school action team under
division (F) of this section;
(c)
Publish a menu of programs and services that may be offered by
community learning centers. The information shall be posted on the
department's web site. To compile this information the department
shall solicit input from resource coordinators of existing community
learning centers.
(d)
Provide information regarding implementation of comprehensive
community-based programs and supportive services including the
community learning center model to school buildings meeting any of
the following conditions:
(i)
The building is in improvement status as defined by the "No
Child Left Behind Act of 2001" or under an agreement between the
Ohio department of education and workforce and the United States
secretary of education.
(ii)
The building is a secondary school that is among the lowest achieving
fifteen per cent of secondary schools statewide, as determined by the
department.
(iii)
The building is a secondary school with a graduation rate of sixty
per cent or lower for three or more consecutive years.
(iv)
The building is a school that the department determines is
persistently low-performing.
(2)
The department may do the following with respect to this section:
(a)
Provide assistance, facilitation, and training to school action teams
in the conducting of the audit required under this section;
(b)
Provide opportunities for members of school action teams from
different schools to share school improvement strategies with
parents, teachers, and other relevant stakeholders in higher
performing schools;
(c)
Provide financial support in a school action team's planning process
and create a grant program to assist in the implementation of a
qualified community learning center plan.
(I)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after October 15, 2015. However, the board or governing
authority and the teachers' labor organization may negotiate
additional factors to be considered in the adoption of a community
learning center plan.
Sec.
3302.21.
(A)
The department of education and workforce shall develop a system to
rank order all city, exempted village, and local school districts,
community schools established under Chapter 3314. of the Revised Code
except those community schools to which section 3314.017 of the
Revised Code applies, and STEM schools established under Chapter
3326. of the Revised Code according to the following measures:
(1)
Performance index score for each school district, community school,
and STEM school and for each separate building of a district,
community school, or STEM school. For districts, schools, or
buildings to which the performance index score does not apply, the
department may develop another measure of student academic
performance based on similar data and performance measures if
appropriate and use that measure to include those buildings in the
ranking so that districts, schools, and buildings may be reliably
compared to each other.
(2)
Student
performance growth from year to year, using the value-added progress
dimension, if applicable, and other measures of student performance
growth designated by the department for subjects and grades not
covered by the value-added progress dimension or the alternative
student academic progress measure if adopted under division (C)(1)(e)
of section 3302.03 of the Revised Code;
(3)
Current
operating expenditure per equivalent pupils as defined in section
3302.26 of the Revised Code;
(4)
(3)
Of total current operating expenditures, percentage spent for
classroom instruction as determined under standards adopted by the
state
board
department
under
section 3302.20 of the Revised Code;
(5)
(4)
Performance of, and opportunities provided to, students identified as
gifted using value-added progress dimensions, if applicable, and
other relevant measures as designated by the department.
The
department shall rank each district, each community school except a
community school to which section 3314.017 of the Revised Code
applies, and each STEM school annually in accordance with the system
developed under this section.
(B)
In addition to the reports required by sections 3302.03 and 3302.031
of the Revised Code, not later than the first day of September each
year, the department shall issue a report for each city, exempted
village, and local school district, each community school except a
community school to which section 3314.017 of the Revised Code
applies, and each STEM school indicating the district's or school's
rank on each measure described in divisions (A)(1) to
(4)
(3)
of this section, including each separate building's rank among all
public school buildings according to performance index score under
division (A)(1) of this section.
Sec.
3302.41.
As
used in this section, "blended learning" has the same
meaning as in section 3301.079 of the Revised Code.
(A)
Any local, city, exempted village, or joint vocational school
district, community school established under Chapter 3314. of the
Revised Code, STEM school established under Chapter 3326. of the
Revised Code,
college-preparatory
boarding school established under Chapter 3328. of the Revised Code,
or
chartered nonpublic school may operate all or part of a school using
a blended learning model. If a school is operated using a blended
learning model or is to cease operating using a blended learning
model, the superintendent of the school or district or director of
the school shall notify the department of education and workforce of
that fact not later than the first day of July of the school year for
which the change is effective. If any school district school,
community school, or STEM school is already operated using a blended
learning model on September 24, 2012, the superintendent of the
school or district may notify the department within ninety days after
September 24, 2012, of that fact and request that the school be
classified as a blended learning school.
(B)
The department shall revise any operating standards for school
districts and chartered nonpublic schools adopted under section
3301.07 of the Revised Code to include standards for the operation of
blended learning under this section. The blended learning operation
standards shall provide for all of the following:
(1)
Student-to-teacher ratios whereby no school or classroom is required
to have more than one teacher for every one hundred twenty-five
students in blended learning classrooms;
(2)
The extent to which the school is or is not obligated to provide
students with access to digital learning tools;
(3)
The ability of all students, at any grade level, to earn credits or
advance grade levels upon demonstrating mastery of knowledge or
skills through competency-based learning models. Credits or grade
level advancement shall not be based on a minimum number of days or
hours in a classroom.
(4)
Notwithstanding anything to the contrary in section 3313.48 of the
Revised Code, a requirement that the school have an annual
instructional calendar of not less than nine hundred ten hours;
(5)
Adequate provisions for: the licensing of teachers, administrators,
and other professional personnel and their assignment according to
training and qualifications; efficient and effective instructional
materials and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and reports
and the preparation of a statement of policies and objectives for
each school; buildings, grounds, and health and sanitary facilities
and services; admission of pupils, and such requirements for their
promotion from grade to grade as will ensure that they are capable
and prepared for the level of study to which they are certified;
requirements for graduation; and such other factors as the board
finds necessary.
(C)
An internet- or computer-based community school, as defined in
section 3314.02 of the Revised Code, is not a blended learning school
authorized under this section. Nor does this section affect any
provisions for the operation of and payments to an internet- or
computer-based community school prescribed in Chapter 3314. of the
Revised Code.
Sec.
3307.01.
As
used in this chapter:
(A)
"Employer" means the board of education, school district,
governing authority of any community school established under Chapter
3314. of the Revised Code, a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, college, university, institution, or other agency within the
state by which a teacher is employed and paid.
(B)(1)
"Teacher" means all of the following:
(a)
Any person paid from public funds and employed in the public schools
of the state under any type of contract described in section 3311.77
or 3319.08 of the Revised Code in a position for which the person is
required to have a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code;
(b)
Except as provided in division (B)(2)(b) or (c) of this section, any
person employed as a teacher or faculty member in a community school
or a science, technology, engineering, and mathematics school
pursuant to Chapter 3314. or 3326. of the Revised Code;
(c)
Any person having a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as determined
by the department of education and workforce, under programs provided
for by federal acts or regulations and financed in whole or in part
from federal funds, but for which no licensure requirements for the
position can be made under the provisions of such federal acts or
regulations;
(d)
Any other teacher or faculty member employed in any school, college,
university, institution, or other agency wholly controlled and
managed, and supported in whole or in part, by the state or any
political subdivision thereof, including Central state university,
Cleveland state university, and the university of Toledo;
(e)
The educational employees of the state board of education, as
determined by the state superintendent of public instruction, and the
educational employees of the department of education and workforce,
as determined by the director of education and workforce;
(f)
Any
person having a registration issued pursuant to section 3301.28 of
the Revised Code and employed as a tutor by the coordinating service
center as defined in that section;
(g)
Any person having a license issued pursuant to Chapter 4732. of the
Revised Code and employed as a school psychologist in a public
school;
(h)
(g)
Any person having a pre-service teacher permit issued pursuant to
section 3319.0812 of the Revised Code and employed as a substitute
teacher by a school district or school.
In
all cases of doubt, the state teachers retirement board shall
determine whether any person is a teacher, and its decision shall be
final.
(2)
"Teacher" does not include any of the following:
(a)
Any eligible employee of a public institution of higher education, as
defined in section 3305.01 of the Revised Code, who elects to
participate in an alternative retirement plan established under
Chapter 3305. of the Revised Code;
(b)
Any person employed by a community school operator, as defined in
section 3314.02 of the Revised Code, if on or before February 1,
2016, the school's operator was withholding and paying employee and
employer taxes pursuant to 26 U.S.C. 3101(a) and 3111(a) for persons
employed in the school as teachers, unless the person had
contributing service in a community school in the state within one
year prior to the later of February 1, 2016, or the date on which the
operator for the first time withholds and pays employee and employer
taxes pursuant to 26 U.S.C. 3101(a) and 3111(a) for that person;
(c)
Any person who would otherwise be a teacher under division (B)(2)(b)
of this section who terminates employment with a community school
operator and has no contributing service in a community school in the
state for a period of at least one year from the date of termination
of employment.
(C)
"Member" means any person included in the membership of the
state teachers retirement system, which shall consist of all teachers
and contributors as defined in divisions (B) and (D) of this section
and all disability benefit recipients, as defined in section 3307.50
of the Revised Code. However, for purposes of this chapter, the
following persons shall not be considered members:
(1)
A student, intern, or resident who is not a member while employed
part-time by a school, college, or university at which the student,
intern, or resident is regularly attending classes;
(2)
A person denied membership pursuant to section 3307.24 of the Revised
Code;
(3)
An other system retirant, as defined in section 3307.35 of the
Revised Code, or a superannuate;
(4)
An individual employed in a program established pursuant to the "Job
Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.
1501;
(5)
The surviving spouse of a member or retirant if the surviving
spouse's only connection to the retirement system is an account in an
STRS defined contribution plan.
(D)
"Contributor" means any person who has an account in the
teachers' savings fund or defined contribution fund, except that
"contributor" does not mean a member or retirant's
surviving spouse with an account in an STRS defined contribution
plan.
(E)
"Beneficiary" means any person eligible to receive, or in
receipt of, a retirement allowance or other benefit provided by this
chapter.
(F)
"Year" means the year beginning the first day of July and
ending with the thirtieth day of June next following, except that for
the purpose of determining final average salary under the plan
described in sections 3307.50 to 3307.79 of the Revised Code, "year"
may mean the contract year.
(G)
"Local district pension system" means any school teachers
pension fund created in any school district of the state in
accordance with the laws of the state prior to September 1, 1920.
(H)
"Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the normal
and deficiency rates, contributions, and funds wherever used in this
chapter.
(I)
"Five years of service credit" means employment covered
under this chapter and employment covered under a former retirement
plan operated, recognized, or endorsed by a college, institute,
university, or political subdivision of this state prior to coverage
under this chapter.
(J)
"Actuary" means an actuarial professional contracted with
or employed by the state teachers retirement board, who shall be
either of the following:
(1)
A member of the American academy of actuaries;
(2)
A firm, partnership, or corporation of which at least one person is a
member of the American academy of actuaries.
(K)
"Fiduciary" means a person who does any of the following:
(1)
Exercises any discretionary authority or control with respect to the
management of the system, or with respect to the management or
disposition of its assets;
(2)
Renders investment advice for a fee, direct or indirect, with respect
to money or property of the system;
(3)
Has any discretionary authority or responsibility in the
administration of the system.
(L)(1)(a)
Except as provided in this division, "compensation" means
all salary, wages, and other earnings paid to a teacher by reason of
the teacher's employment, including compensation paid pursuant to a
supplemental contract. The salary, wages, and other earnings shall be
determined prior to determination of the amount required to be
contributed to the teachers' savings fund or defined contribution
fund under section 3307.26 of the Revised Code and without regard to
whether any of the salary, wages, or other earnings are treated as
deferred income for federal income tax purposes.
(b)
Except as provided in division (L)(1)(c) of this section,
"compensation" includes amounts paid by an employer as a
retroactive payment of earnings, damages, or back pay pursuant to a
court order, court-adopted settlement agreement, or other settlement
agreement if the retirement system receives both of the following:
(i)
Teacher and employer contributions under sections 3307.26 and 3307.28
of the Revised Code, plus interest compounded annually at a rate
determined by the state teachers retirement board, for each year or
portion of a year for which amounts are paid under the order or
agreement;
(ii)
Teacher and employer contributions under sections 3307.26 and 3307.28
of the Revised Code, plus interest compounded annually at a rate
determined by the board, for each year or portion of a year not
subject to division (L)(1)(b)(i) of this section for which the board
determines the teacher was improperly paid, regardless of the
teacher's ability to recover on such amounts improperly paid.
(c)
If any portion of an amount paid by an employer as a retroactive
payment of earnings, damages, or back pay is for an amount, benefit,
or payment described in division (L)(2) of this section, that portion
of the amount is not compensation under this section.
(2)
Compensation does not include any of the following:
(a)
Payments for accrued but unused sick leave or personal leave,
including payments made under a plan established pursuant to section
124.39 of the Revised Code or any other plan established by the
employer;
(b)
Payments made for accrued but unused vacation leave, including
payments made pursuant to section 124.13 of the Revised Code or a
plan established by the employer;
(c)
Payments made for vacation pay covering concurrent periods for which
other salary, compensation, or benefits under this chapter or Chapter
145. or 3309. of the Revised Code are paid;
(d)
Amounts paid by the employer to provide life insurance, sickness,
accident, endowment, health, medical, hospital, dental, or surgical
coverage, or other insurance for the teacher or the teacher's family,
or amounts paid by the employer to the teacher in lieu of providing
the insurance;
(e)
Incidental benefits, including lodging, food, laundry, parking, or
services furnished by the employer, use of the employer's property or
equipment, and reimbursement for job-related expenses authorized by
the employer, including moving and travel expenses and expenses
related to professional development;
(f)
Payments made by the employer in exchange for a member's waiver of a
right to receive any payment, amount, or benefit described in
division (L)(2) of this section;
(g)
Payments by the employer for services not actually rendered;
(h)
Any amount paid by the employer as a retroactive increase in salary,
wages, or other earnings, unless the increase is one of the
following:
(i)
A retroactive increase paid to a member employed by a school district
board of education in a position that requires a license designated
for teaching and not designated for being an administrator issued
under section 3319.22 of the Revised Code that is paid in accordance
with uniform criteria applicable to all members employed by the board
in positions requiring the licenses;
(ii)
A retroactive increase paid to a member employed by a school district
board of education in a position that requires a license designated
for being an administrator issued under section 3319.22 of the
Revised Code that is paid in accordance with uniform criteria
applicable to all members employed by the board in positions
requiring the licenses;
(iii)
A retroactive increase paid to a member employed by a school district
board of education as a superintendent that is also paid as described
in division (L)(2)(h)(i) of this section;
(iv)
A retroactive increase paid to a member employed by an employer other
than a school district board of education in accordance with uniform
criteria applicable to all members employed by the employer.
(i)
Payments made to or on behalf of a teacher that are in excess of the
annual compensation that may be taken into account by the retirement
system under division (a)(17) of section 401 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17),
as amended. For a teacher who first establishes membership before
July 1, 1996, the annual compensation that may be taken into account
by the retirement system shall be determined under division (d)(3) of
section 13212 of the "Omnibus Budget Reconciliation Act of
1993," Pub. L. No. 103-66, 107 Stat. 472.
(j)
Payments made under division (B), (C), or (E) of section 5923.05 of
the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the
119th general assembly, Section 3 of Amended Substitute Senate Bill
No. 164 of the 124th general assembly, or Amended Substitute House
Bill No. 405 of the 124th general assembly;
(k)
Anything of value received by the teacher that is based on or
attributable to retirement or an agreement to retire.
(3)
The retirement board shall determine both of the following:
(a)
Whether particular forms of earnings are included in any of the
categories enumerated in this division;
(b)
Whether any form of earnings not enumerated in this division is to be
included in compensation.
Decisions
of the board made under this division shall be final.
(M)
"Superannuate" means both of the following:
(1)
A former teacher receiving from the system a retirement allowance
under section 3307.58 or 3307.59 of the Revised Code;
(2)
A former teacher receiving a benefit from the system under a plan
established under section 3307.81 of the Revised Code, except that
"superannuate" does not include a former teacher who is
receiving a benefit based on disability under a plan established
under section 3307.81 of the Revised Code.
For
purposes of sections 3307.35 and 3307.353 of the Revised Code,
"superannuate" also means a former teacher receiving from
the system a combined service retirement benefit paid in accordance
with section 3307.57 of the Revised Code, regardless of which
retirement system is paying the benefit.
(N)
"STRS defined benefit plan" means the plan described in
sections 3307.50 to 3307.79 of the Revised Code.
(O)
"STRS defined contribution plan" means the plans
established under section 3307.81 of the Revised Code and includes
the STRS combined plan under that section.
(P)
"Faculty" means the teaching staff of a university,
college, or school, including any academic administrators.
Sec.
3309.01.
As
used in this chapter:
(A)
"Employer" or "public employer" means boards of
education, school districts, joint vocational districts, governing
authorities of community schools established under Chapter 3314. of
the Revised Code, a science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
educational institutions, technical colleges, state, municipal, and
community colleges, community college branches, universities,
university branches, other educational institutions, or other
agencies within the state by which an employee is employed and paid,
including any organization using federal funds, provided the federal
funds are disbursed by an employer as determined by the above. In all
cases of doubt, the school employees retirement board shall determine
whether any employer is an employer as defined in this chapter, and
its decision shall be final.
(B)
"Employee" means all of the following:
(1)
Any person employed by a public employer in a position for which the
person is not required to have a registration, certificate, or
license issued pursuant to
section
3301.28 or
sections
3319.22 to 3319.31 of the Revised Code or a permit issued under
section 3319.0812 of the Revised Code;
(2)
Any person who performs a service common to the normal daily
operation of an educational unit even though the person is employed
and paid by one who has contracted with an employer to perform the
service, and the contracting board or educational unit shall be the
employer for the purposes of administering the provisions of this
chapter;
(3)
Any person, not a faculty member, employed in any school or college
or other institution wholly controlled and managed, and wholly or
partly supported by the state or any political subdivision thereof,
the board of trustees, or other managing body of which shall accept
the requirements and obligations of this chapter.
In
all cases of doubt, the school employees retirement board shall
determine whether any person is an employee, as defined in this
division, and its decision is final.
(C)
"Prior service" means all service rendered prior to
September 1, 1937:
(1)
As an employee as defined in division (B) of this section;
(2)
As an employee in a capacity covered by the public employees
retirement system or the state teachers retirement system;
(3)
As an employee of an institution in another state, service credit for
which was procured by a member under the provisions of section
3309.31 of the Revised Code.
Prior
service, for service as an employee in a capacity covered by the
public employees retirement system or the state teachers retirement
system, shall be granted a member under qualifications identical to
the laws and rules applicable to service credit in those systems.
Prior
service shall not be granted any member for service rendered in a
capacity covered by the public employees retirement system, the state
teachers retirement system, and this system in the event the service
credit has, in the respective systems, been received, waived by
exemption, or forfeited by withdrawal of contributions, except as
provided in this chapter.
If
a member who has been granted prior service should, subsequent to
September 16, 1957, and before retirement, establish three years of
contributing service in the public employees retirement system, or
one year in the state teachers retirement system, then the prior
service granted shall become, at retirement, the liability of the
other system, if the prior service or employment was in a capacity
that is covered by that system.
The
provisions of this division shall not cancel any prior service
granted a member by the school employees retirement board prior to
August 1, 1959.
(D)
"Total service," "total service credit," or "Ohio
service credit" means all contributing service of a member of
the school employees retirement system, and all prior service,
computed as provided in this chapter, and all service established
pursuant to sections 3309.31, 3309.311, and 3309.33 of the Revised
Code. In addition, "total service" includes any period, not
in excess of three years, during which a member was out of service
and receiving benefits from the state insurance fund, provided the
injury or incapacitation was the direct result of school employment.
(E)
"Member" means any employee, except an SERS retirant or
other system retirant as defined in section 3309.341 of the Revised
Code, who has established membership in the school employees
retirement system. "Member" includes a disability benefit
recipient.
(F)
"Contributor" means any person who has an account in the
employees' savings fund. When used in the sections listed in division
(B) of section 3309.82 of the Revised Code, "contributor"
includes any person participating in a plan established under section
3309.81 of the Revised Code.
(G)
"Retirant" means any former member who retired and is
receiving a retirement allowance under section 3309.36 or 3309.381 or
former section 3309.38 of the Revised Code.
(H)
"Beneficiary" or "beneficiaries" means the estate
or a person or persons who, as the result of the death of a
contributor or retirant, qualifies for or is receiving some right or
benefit under this chapter.
(I)
"Interest," as specified in division (E) of section 3309.60
of the Revised Code, means interest at the rates for the respective
funds and accounts as the school employees retirement board may
determine from time to time.
(J)
"Accumulated contributions" means the sum of all amounts
credited to a contributor's account in the employees' savings fund
together with any regular interest credited thereon at the rates
approved by the retirement board prior to retirement.
(K)
"Final average salary" means the sum of the annual
compensation for the three highest years of compensation for which
contributions were made by the member, divided by three. If the
member has a partial year of contributing service in the year in
which the member terminates employment and the partial year is at a
rate of compensation that is higher than the rate of compensation for
any one of the highest three years of annual earnings, the board
shall substitute the compensation earned for the partial year for the
compensation earned for a similar fractional portion in the lowest of
the three high years of annual compensation before dividing by three.
If a member has less than three years of contributing membership, the
final average salary shall be the total compensation divided by the
total number of years, including any fraction of a year, of
contributing service.
(L)
"Annuity" means payments for life derived from
contributions made by a contributor and paid from the annuity and
pension reserve fund as provided in this chapter. All annuities shall
be paid in twelve equal monthly installments.
(M)(1)
"Pension" means annual payments for life derived from
appropriations made by an employer and paid from the employers' trust
fund or the annuity and pension reserve fund. All pensions shall be
paid in twelve equal monthly installments.
(2)
"Disability retirement" means retirement as provided in
section 3309.40 of the Revised Code.
(N)
"Retirement allowance" means the pension plus the annuity.
(O)(1)
"Benefit" means a payment, other than a retirement
allowance or the annuity paid under section 3309.344 of the Revised
Code, payable from the accumulated contributions of the member or the
employer, or both, under this chapter and includes a disability
allowance or disability benefit.
(2)
"Disability allowance" means an allowance paid on account
of disability under section 3309.401 of the Revised Code.
(3)
"Disability benefit" means a benefit paid as disability
retirement under section 3309.40 of the Revised Code, as a disability
allowance under section 3309.401 of the Revised Code, or as a
disability benefit under section 3309.35 of the Revised Code.
(P)
"Annuity reserve" means the present value, computed upon
the basis of mortality tables adopted by the school employees
retirement board, of all payments to be made on account of any
annuity, or benefit in lieu of any annuity, granted to a retirant.
(Q)
"Pension reserve" means the present value, computed upon
the basis of mortality tables adopted by the school employees
retirement board, of all payments to be made on account of any
pension, or benefit in lieu of any pension, granted to a retirant or
a beneficiary.
(R)
"Year" means the year beginning the first day of July and
ending with the thirtieth day of June next following.
(S)
"Local district pension system" means any school employees'
pension fund created in any school district of the state prior to
September 1, 1937.
(T)
"Employer contribution" means the amount paid by an
employer as determined under section 3309.49 of the Revised Code.
(U)
"Fiduciary" means a person who does any of the following:
(1)
Exercises any discretionary authority or control with respect to the
management of the system, or with respect to the management or
disposition of its assets;
(2)
Renders investment advice for a fee, direct or indirect, with respect
to money or property of the system;
(3)
Has any discretionary authority or responsibility in the
administration of the system.
(V)(1)
Except as otherwise provided in this division, "compensation"
means all salary, wages, and other earnings paid to a contributor by
reason of employment. The salary, wages, and other earnings shall be
determined prior to determination of the amount required to be
contributed to the employees' savings fund under section 3309.47 of
the Revised Code and without regard to whether any of the salary,
wages, or other earnings are treated as deferred income for federal
income tax purposes.
(2)
Compensation does not include any of the following:
(a)
Payments for accrued but unused sick leave or personal leave,
including payments made under a plan established pursuant to section
124.39 of the Revised Code or any other plan established by the
employer;
(b)
Payments made for accrued but unused vacation leave, including
payments made pursuant to section 124.13 of the Revised Code or a
plan established by the employer;
(c)
Payments made for vacation pay covering concurrent periods for which
other salary or compensation is also paid or during which benefits
are paid under this chapter;
(d)
Amounts paid by the employer to provide life insurance, sickness,
accident, endowment, health, medical, hospital, dental, or surgical
coverage, or other insurance for the contributor or the contributor's
family, or amounts paid by the employer to the contributor in lieu of
providing the insurance;
(e)
Incidental benefits, including lodging, food, laundry, parking, or
services furnished by the employer, use of the employer's property or
equipment, and reimbursement for job-related expenses authorized by
the employer, including moving and travel expenses and expenses
related to professional development;
(f)
Payments made to or on behalf of a contributor that are in excess of
the annual compensation that may be taken into account by the
retirement system under division (a)(17) of section 401 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended. For a contributor who first
establishes membership before July 1, 1996, the annual compensation
that may be taken into account by the retirement system shall be
determined under division (d)(3) of section 13212 of the "Omnibus
Budget Reconciliation Act of 1993," Pub. L. No. 103-66, 107
Stat. 472;
(g)
Payments made under division (B), (C), or (E) of section 5923.05 of
the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the
119th general assembly, Section 3 of Amended Substitute Senate Bill
No. 164 of the 124th general assembly, or Amended Substitute House
Bill No. 405 of the 124th general assembly;
(h)
Anything of value received by the contributor that is based on or
attributable to retirement or an agreement to retire, except that
payments made on or before January 1, 1989, that are based on or
attributable to an agreement to retire shall be included in
compensation if both of the following apply:
(i)
The payments are made in accordance with contract provisions that
were in effect prior to January 1, 1986.
(ii)
The employer pays the retirement system an amount specified by the
retirement board equal to the additional liability from the payments.
(3)
The retirement board shall determine by rule whether any form of
earnings not enumerated in this division is to be included in
compensation, and its decision shall be final.
(W)
"Disability benefit recipient" means a member who is
receiving a disability benefit.
(X)
"Actuary" means an individual who satisfies all of the
following requirements:
(1)
Is a member of the American academy of actuaries;
(2)
Is an associate or fellow of the society of actuaries;
(3)
Has a minimum of five years' experience in providing actuarial
services to public retirement plans.
Sec.
3309.011.
"Employee"
as defined in division (B) of section 3309.01 of the Revised Code,
does not include any of the following:
(A)
Any person having a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as determined
by the department of education and workforce, under programs provided
for by federal acts or regulations and financed in whole or in part
from federal funds, but for which no licensure requirements for the
position can be made under the provisions of such federal acts or
regulations;
(B)
Any person who participates in an alternative retirement plan
established under Chapter 3305. of the Revised Code;
(C)
Any person who elects to transfer from the school employees
retirement system to the public employees retirement system under
section 3309.312 of the Revised Code;
(D)
Any person whose full-time employment by the university of Akron as a
state university law enforcement officer pursuant to section 3345.04
of the Revised Code commences on or after September 16, 1998;
(E)
Any person described in division (B) of section 3309.013 of the
Revised Code;
(F)
Any person described in division (D) of section 145.011 of the
Revised Code;
(G)
Any person described in division (B)(1)(b) or
(g)
(f)
of section 3307.01 of the Revised Code.
Sec.
3310.03.
For
the 2021-2022 school year and each school year thereafter, subject
Subject
to
division (G) of this section, a student is an "eligible student"
for purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which the
pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code, the student satisfies one
of the conditions in division (A), (B), or (C) of this section, and
the student maintains eligibility to receive a scholarship under
division (D) of this section.
However,
any student who received a scholarship for the 2020-2021 school year
under this section, as it existed prior to March 2, 2021, shall
continue to receive that scholarship until the student completes
grade twelve, as long as the student maintains eligibility to receive
a scholarship under division (D) of this section.
(A)(1)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district and to
which both of the following apply:
(a)
The building was ranked in the lowest twenty per cent of all
buildings operated by city, local, and exempted village school
districts according to performance index score
,
as determined by the department of education and workforce,
as follows:
(i)
For a scholarship sought for the 2021-2022 or 2022-2023 school year,
the building was ranked in the lowest twenty per cent of buildings
for each of the 2017-2018 and 2018-2019 school years.
(ii)
For a scholarship sought for the 2023-2024 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2018-2019 and 2021-2022 school years.
(iii)
For a scholarship sought for the 2024-2025 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2021-2022 and 2022-2023 school years.
(iv)
For a scholarship sought for the 2025-2026 school year or any school
year thereafter, the building was ranked in the lowest twenty per
cent of buildings
for at least two of the three most recent consecutive rankings issued
prior to the first day of July of the school year for which a
scholarship is sought.
(b)
The building is operated by a school district in which, for the three
consecutive school years prior to the school year for which a
scholarship is sought, an average of twenty per cent or more of the
students entitled to attend school in the district, under section
3313.64 or 3313.65 of the Revised Code, were qualified to be included
in the formula to distribute funds under Title I of the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.
When
ranking school buildings under division (A)(1) of this section, the
department shall not include buildings operated by a school district
in which the pilot project scholarship program is operating in
accordance with sections 3313.974 to 3313.979 of the Revised Code.
(2)
A student is eligible for a scholarship if the student will be
enrolling in any of grades kindergarten through twelve in this state
for the first time in the school year for which a scholarship is
sought, will be at least five years of age, as defined in section
3321.01 of the Revised Code, by the first day of January of the
school year for which a scholarship is sought, and otherwise would be
assigned under section 3319.01 of the Revised Code in the school year
for which a scholarship is sought, to a school building described in
division (A)(1) of this section.
(3)
A student is eligible for a scholarship if the student is enrolled in
a community school established under Chapter 3314. of the Revised
Code but otherwise would be assigned under section 3319.01 of the
Revised Code to a building described in division (A)(1) of this
section.
(4)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district or in a
community school established under Chapter 3314. of the Revised Code
and otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5)
A student is eligible for a scholarship if the student was enrolled
in a public or nonpublic school or was homeschooled in the prior
school year and completed any of grades eight through eleven in that
school year and otherwise would be assigned under section 3319.01 of
the Revised Code to a school building described in division (A)(1) of
this section in the school year for which the scholarship is sought.
(B)
A student is eligible for a scholarship if the student is enrolled in
a nonpublic school at the time the school is granted a charter by the
director of education and workforce under section 3301.16 of the
Revised Code and the student meets the standards of division (B) of
section 3310.031 of the Revised Code.
(C)
A student is eligible for a scholarship if the student's resident
district is subject to section 3302.10 of the Revised Code and the
student either:
(1)
Is enrolled in a school building operated by the resident district or
in a community school established under Chapter 3314. of the Revised
Code;
(2)
Will be both enrolling in any of grades kindergarten through twelve
in this state for the first time and at least five years of age by
the first day of January of the school year for which a scholarship
is sought.
(D)
A student who receives a scholarship under the educational choice
scholarship pilot program remains an eligible student and may
continue to receive scholarships in subsequent school years until the
student completes grade twelve, so long as all of the following
apply:
(1)
The student's resident district remains the same, or the student
transfers to a new resident district and otherwise would be assigned
in the new resident district to a school building described in
division (A)(1) or (C) of this section.
(2)
The student takes each assessment prescribed for the student's grade
level under section 3301.0710, 3301.0712, or 3313.619 of the Revised
Code while enrolled in a chartered nonpublic school, unless one of
the following applies to the student:
(a)
The student is excused from taking that assessment under federal law,
the student's individualized education program, or division
(C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(b)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.
(c)
The student is enrolled in any of grades three to eight and takes an
alternative standardized assessment under division (K)(1) of section
3301.0711 of the Revised Code.
(d)
The student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(3)
In each school year that the student is enrolled in a chartered
nonpublic school, the student is absent from school for not more than
twenty days that the school is open for instruction, not including
excused absences.
(E)(1)
The department shall cease awarding first-time scholarships pursuant
to divisions (A)(1) to (5) of this section with respect to a school
building that, in the most recent ratings of school buildings under
section 3302.03 of the Revised Code prior to the first day of July of
the school year, ceases to meet the criteria in division (A)(1) of
this section.
(2)
The department shall cease awarding first-time scholarships pursuant
to division (C) of this section with respect to a school district
subject to section 3302.10 of the Revised Code when the academic
distress commission established for the district ceases to exist.
(3)
However, students who have received scholarships in the prior school
year remain eligible students pursuant to division (D) of this
section.
(F)
The department shall adopt rules defining excused absences for
purposes of division (D)(3) of this section.
(G)
Notwithstanding anything to the contrary in this section or section
3310.031 of the Revised Code, a student
entering
any of grades kindergarten through twelve
shall
not be required to be enrolled or enrolling in a school building
operated by the student's resident district or a community school in
order to be eligible for a scholarship
,
as follows:
(1)
For a scholarship sought for the 2021-2022 school year, a student
entering any of grades kindergarten through two;
(2)
For a scholarship sought for the 2022-2023 school year, a student
entering any of grades kindergarten through four;
(3)
For a scholarship sought for the 2023-2024 school year, a student
entering any of grades kindergarten through six;
(4)
For a scholarship sought for the 2024-2025 school year, a student
entering any of grades kindergarten through eight;
(5)
For a scholarship sought for the 2025-2026 school year, and each
school year thereafter, a student entering any of grades kindergarten
through twelve
.
(H)
Except as provided for in section 3310.13 of the Revised Code and in
division (C)(2) of section 3365.07 of the Revised Code, the
department shall not require the parent of a student who applies for
or receives a scholarship under this section or section 3310.033,
3310.034, or 3310.035 of the Revised Code to complete any kind of
income verification regarding the student's family income.
Sec.
3310.14.
(A)
Except as provided in division (B) of this section, each chartered
nonpublic school that is not subject to division (K)(1) of section
3301.0711 of the Revised Code and enrolls students awarded
scholarships under sections 3310.01 to 3310.17 of the Revised Code
annually shall administer the assessments prescribed by section
3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable,
to each scholarship student enrolled in the school in accordance with
section 3301.0711 of the Revised Code. Each chartered nonpublic
school that is subject to this section shall report to the department
of education and workforce the results of each assessment
administered to each scholarship student under this section.
Nothing
in this section requires a chartered nonpublic school to administer
any achievement assessment, except for
an
Ohio graduation test prescribed by division (B)(1) of section
3301.0710 or
the
college and work ready assessment system prescribed by division (B)
of section 3301.0712 of the Revised Code to any student enrolled in
the school who is not a scholarship student.
(B)
A chartered nonpublic school that meets the conditions specified in
division (K)(2) of section 3301.0711 of the Revised Code shall not be
required to administer the elementary assessments prescribed by
division (A) of section 3301.0710 of the Revised Code.
Sec.
3310.522.
(A)
In order to maintain eligibility for a scholarship, a student shall
take each assessment prescribed by section 3301.0710, 3301.0712, or
3313.619 of the Revised Code, as applicable, in accordance with
section 3301.0711 of the Revised Code, unless one of the following
applies to the student:
(1)
The student is excused from taking that assessment under federal law,
the student's individualized education program, or division
(C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(2)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.
(3)
The student is enrolled in any of grades three to eight and takes an
alternative standardized assessment under division (K)(1) of section
3301.0711 of the Revised Code or division (B)(3) of this section.
(4)
The student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(B)
Each registered private provider that is not subject to division
(K)(1) of section 3301.0711 of the Revised Code and enrolls a student
who is awarded a scholarship shall administer each assessment
prescribed by section 3301.0710, 3301.0712, or 3313.619 of the
Revised Code, as applicable, to that student in accordance with
section 3301.0711 of the Revised Code, unless one of the following
applies to the student:
(1)
The student is excused from taking that assessment under division
(A)(1) of this section.
(2)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.
(3)
The student is enrolled in any of grades three to eight and the
registered private provider administers an alternative standardized
assessment determined by the department of education and workforce
under division (K)(1) of section 3301.0711 of the Revised Code to the
student.
(4)
The student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
The
registered private provider shall report to the department the
results of each assessment so administered under division (B) of this
section.
(C)
Nothing in this section requires any chartered nonpublic school that
is a registered private provider to administer any achievement
assessment, except for
an
Ohio graduation test prescribed by division (B)(1) of section
3301.0710 or
the
college and work ready assessment system prescribed by division (B)
of section 3301.0712 of the Revised Code to any student enrolled in
the school who is not a scholarship student.
Sec.
3311.242.
In
the case of a proposed transfer of school district territory filed
under section 3311.24 of the Revised Code, the state board of
education shall approve a proposed transfer that satisfies all of the
following conditions:
(A)
The territory is being transferred to an adjacent school district.
(B)
The district from which the territory is being transferred has
received an overall performance rating of less than two stars under
division
(D)(3)
(C)
of section 3302.03 of the Revised Code for two or more consecutive
school years.
(C)
No party opposing the proposed transfer has presented to the state
board clear and convincing evidence that any information used to
facilitate the transfer under section 3311.24 of the Revised Code is
incorrect or inaccurate.
Sec.
3311.741.
(A)
This section applies only to a municipal school district in existence
on July 1, 2012.
(B)
Not later than December 1, 2012, the board of education of each
municipal school district to which this section applies shall submit
to the director of education and workforce an array of measures to be
used in evaluating the performance of the district. The measures
shall assess at least overall student achievement, student progress
over time, the achievement and progress over time of each of the
applicable categories of students described in division
(G)
(F)
of section 3302.03 of the Revised Code, and college and career
readiness. The director shall approve or disapprove the measures by
January 15, 2013. If the measures are disapproved, the director shall
recommend modifications that will make the measures acceptable.
(C)
Beginning with the 2012-2013 school year, the board annually shall
establish goals for improvement on each of the measures approved
under division (B) of this section. The school district's performance
data for the 2011-2012 school year shall be used as a baseline for
determining improvement.
(D)
Not later than October 1, 2013, and by the first day of October each
year thereafter, the board shall issue a report describing the school
district's performance for the previous school year on each of the
measures approved under division (B) of this section and whether the
district has met each of the improvement goals established for that
year under division (C) of this section. The board shall provide the
report to the governor, the director of education and workforce, and,
in accordance with section 101.68 of the Revised Code, the general
assembly.
Sec.
3311.80.
Notwithstanding
any provision of the Revised Code to the contrary, a municipal school
district shall be subject to this section instead of section 3319.111
of the Revised Code.
(A)
The board of education of each municipal school district and the
teachers' labor organization shall develop and adopt standards-based
teacher evaluation procedures that shall either conform with the
framework for evaluation of teachers developed under section 3319.112
of the Revised Code or a framework developed or adopted by the
district. The evaluation procedures shall include at least one formal
observation and classroom walk-through, which may be announced or
unannounced; examinations of samples of work, such as lesson plans or
assessments designed by a teacher; and multiple measures of student
academic growth. The board of education and teachers' labor
organization shall endeavor to include in the evaluation procedures
the development of a professional growth plan or improvement plan and
a final summative conference to discuss the results of the
evaluation.
(B)
When using measures of student academic growth as a component of a
teacher's evaluation, those measures shall include the value-added
progress dimension prescribed by section 3302.021 of the Revised Code
or the alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code
.
For teachers of grade levels and subjects for which the value-added
progress dimension or alternative student academic achievement
measure is not applicable, the board shall administer assessments on
the list developed under division (B)(2) of section 3319.112 of the
Revised Code.
(C)(1)
Each teacher employed by the board shall be evaluated at least once
each school year, except as provided in division (C)(2) of this
section. The composite evaluation shall be completed not later than
the first day of June and the teacher shall receive a written report
of the results of the composite evaluation not later than ten days
after its completion or the last teacher work day of the school year,
whichever is earlier.
(2)
Each teacher who received a rating of accomplished on the teacher's
most recent evaluation conducted under this section may be evaluated
once every two school years, except that the teacher shall be
evaluated in any school year in which the teacher's contract is due
to expire. The biennial composite evaluation shall be completed not
later than the first day of June of the applicable school year, and
the teacher shall receive a written report of the results of the
composite evaluation not later than ten days after its completion or
the last teacher work day of the school year, whichever is earlier.
(D)
Each evaluation conducted pursuant to this section shall be conducted
by one or more of the following persons who have been trained to
conduct evaluations in accordance with criteria that shall be
developed jointly by the chief executive officer of the district, or
the chief executive officer's designee, and the teachers' labor
organization:
(1)
The chief executive officer or a subordinate officer of the district
with responsibility for instruction or academic affairs;
(2)
A person who is under contract with the board pursuant to section
3319.02 of the Revised Code and holds a license designated for being
a principal issued under section 3319.22 of the Revised Code;
(3)
A person who is under contract with the board pursuant to section
3319.02 of the Revised Code and holds a license designated for being
a vocational director or a supervisor in any educational area issued
under section 3319.22 of the Revised Code;
(4)
A person designated to conduct evaluations under an agreement
providing for peer assistance and review entered into by the board
and the teachers' labor organization.
(E)
The evaluation procedures shall describe how the evaluation results
will be used for decisions regarding compensation, retention,
promotion, and reductions in force and for removal of poorly
performing teachers.
(F)
A teacher may challenge any violations of the evaluation procedures
in accordance with the grievance procedure specified in any
applicable collective bargaining agreement. A challenge under this
division is limited to the determination of procedural errors that
have resulted in substantive harm to the teacher and to ordering the
correction of procedural errors. The failure of the board or a person
conducting an evaluation to strictly comply with any deadline or
evaluation forms established as part of the evaluation process shall
not be cause for an arbitrator to determine that a procedural error
occurred, unless the arbitrator finds that the failure resulted in
substantive harm to the teacher. The arbitrator shall have no
jurisdiction to modify the evaluation results, but the arbitrator may
stay any decision taken pursuant to division (E) of this section
pending the board's correction of any procedural error. The board
shall correct any procedural error within fifteen business days after
the arbitrator's determination that a procedural error occurred.
(G)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after October 1, 2012. However, the board and the
teachers' labor organization may negotiate additional evaluation
procedures, including an evaluation process incorporating peer
assistance and review, provided the procedures are consistent with
this section.
(H)
This section does not apply to administrators appointed by the chief
executive officer of a municipal school district under section
3311.72 of the Revised Code, administrators subject to evaluation
procedures under section 3311.84 or 3319.02 of the Revised Code, or
to any teacher employed as a substitute for less than one hundred
twenty days during a school year pursuant to section 3319.10 of the
Revised Code.
Sec.
3313.11.
Notwithstanding
division (D) of section 3311.19 and division (D) of section 3311.52
of the Revised Code, this section does not apply to any joint
vocational or cooperative education school district.
A
vacancy in any
school
district
board
of education
or
governing board of an educational service center
may
be caused by death, nonresidence, resignation, removal from office,
failure of a person elected or appointed to qualify within ten days
after the organization of the board or of appointment or election,
removal from the district, or absence from meetings of the board for
a period of ninety days, if such absence is caused by reasons
declared insufficient by a two-thirds vote of the remaining members
of the board, which vote must be taken and entered upon the records
of the board not
less
more
than
thirty
forty-five
days
after such absence.
The board shall not consider a person's reason for absence
insufficient if the reason is that the person is an active or reserve
member of the armed forces of the United States or the Ohio national
guard and is deployed outside the territory of the district or the
educational service center, as applicable. As used in this paragraph,
"armed forces of the United States" has the same meaning as
in section 5907.01 of the Revised Code.
If
the board members are selected by appointment pursuant to division
(B) or (F) of section 3311.71 of the Revised Code, the appointing
authority responsible for the appointment shall fill any such vacancy
by appointment of an individual to serve the remainder of the
unexpired term from a slate of at least three persons proposed by the
municipal school district nominating panel established under that
section. If the member creating the vacancy resides in a municipal
school district but not in the municipal corporation containing the
greatest portion of the district's territory, the individuals
included on such slate shall also reside in the municipal school
district but not in the municipal corporation containing the greatest
portion of the district's territory.
If
the board members are selected by election, the board shall fill any
such vacancy at
its
next
any
regular
or special meeting
,
not earlier than ten days
within forty-five days
after
such
the
vacancy
occurs. A majority vote of all the remaining members of the board may
fill any such vacancy. Immediately after such a vote, the treasurer
of the board of education
or governing board
shall give written notice to the board of elections responsible for
conducting elections for that school district
or
educational service center
that
a vacancy has been filled, and the name of the person appointed to
fill the vacancy.
Each
If
the board of education of any city, exempted village, or local school
district or the governing board of any educational service center
fails to fill a vacancy in that board within a period of forty-five
days after the vacancy occurs, the probate court of the county in
which the district or service center is located, upon being advised
and satisfied of that failure, shall act as that board to fill any
vacancy as promptly as possible.
Each
person
selected by the board or probate court to fill a vacancy shall hold
office for the shorter of the following periods: until the completion
of the unexpired term, or until the first day of January immediately
following the next regular board of education
or
governing board
election
taking place more than ninety days after a person is selected by the
board or probate court to fill the vacancy. At that election, a
special election to fill the vacancy shall be held in accordance with
laws controlling regular elections for board of education
or
governing board
members,
except that no such special election shall be held if the unexpired
term ends on or before the first day of January immediately following
that regular board of education
or governing board
election. The term of a person chosen at a special election under
this section shall begin on the first day of January immediately
following the election, and the person shall serve for the remainder
of the unexpired term. Whenever the need for a special election under
this section becomes known, the board of education
or
governing board
shall
immediately give written notice of this fact to the board of
elections responsible for conducting the regular board of education
or
governing board
election
for that school district.
The
term of a board of education
or governing board
member shall not be lengthened by the member's resignation and
subsequent selection by the board or probate court under this
section.
Sec.
3313.411.
(A)
As used in this section:
(1)
"College-preparatory
boarding school" means a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(2)
"Community
school" means a community school established under Chapter 3314.
of the Revised Code.
(3)
(2)
"High-performing community school" has the same meaning as
in section 3313.413 of the Revised Code.
(4)
(3)
"STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.
(5)
(4)
"Unused school facilities" means either:
(a)
Any real property that has been used by a school district for school
operations, including, but not limited to, academic instruction or
administration, since July 1, 1998, but has not been used in that
capacity for one year;
(b)
Any school building that has been used for direct academic
instruction but less than sixty per cent of the building was used for
that purpose in the preceding school year.
(B)(1)
Except as provided in section 3313.412 of the Revised Code, on and
after June 30, 2011, any school district board of education shall
offer any unused school facilities it owns in its corporate capacity
for lease or sale to the governing authorities of community schools
,
the boards of trustees of any college-preparatory boarding schools,
and the governing bodies of any STEM schools
,
that are located within the territory of the district. Not later than
sixty days after the district board makes the offer, interested
governing authorities
,
boards of trustees,
and governing bodies shall notify the district treasurer in writing
of the intention to lease or purchase the property.
The
district board shall give priority to the governing authorities of
high-performing community schools that are located within the
territory of the district.
(2)
At the same time that a district board makes the offer required under
division (B)(1) of this section, the board also may, but shall not be
required to, offer that property for sale or lease to the governing
authorities of community schools with plans, stipulated in their
contracts entered into under section 3314.03 of the Revised Code,
either to relocate their operations to the territory of the district
or to add facilities, as authorized by division (B)(3) or (4) of
section 3314.05 of the Revised Code, to be located within the
territory of the district.
(C)(1)
If, not later than sixty days after the district board makes the
offer, only one governing authority of a high-performing community
school offered the property under division (B) of this section
notifies the district treasurer in writing of the intention to
purchase the property pursuant to that division, the district board
shall sell the property to that party for the appraised fair market
value of the property as determined in an appraisal of the property
that is not more than one year old.
If,
not later than sixty days after the district board makes the offer,
more than one governing authority of a high-performing community
school offered the property under division (B) of this section
notifies the district treasurer in writing of the intention to
purchase the property pursuant to that division, the board shall
conduct a public auction in the manner required for auctions of
district property under division (A) of section 3313.41 of the
Revised Code. Only the governing authorities of high-performing
community schools that notified the district treasurer of the
intention to purchase the property pursuant to division (B) of this
section are eligible to bid at the auction. The district board is not
obligated to accept any bid for the property that is lower than the
appraised fair market value of the property as determined in an
appraisal that is not more than one year old.
(2)
If, not later than sixty days after the district board makes the
offer, no governing authority of a high-performing community school
notifies the district treasurer of its intention to purchase the
property pursuant to division (B) of this section, the board shall
then proceed with the offers from all other start-up community
schools
,
college-preparatory boarding schools,
and STEM schools made pursuant to that division.
If
more than one such entity notifies the district treasurer of its
intention to purchase the property pursuant to division (B) of this
section, the board shall conduct a public auction in the manner
required for auctions of district property under division (A) of
section 3313.41 of the Revised Code. Only the entities that notified
the district treasurer pursuant to division (B) of this section are
eligible to bid at the auction.
(3)
If more than one governing authority of a high-performing community
school notifies the district treasurer in writing of the intention to
lease the property pursuant to division (B) of this section, the
district board shall conduct a lottery to select from among those
governing authorities the one qualified governing authority to which
the district board shall lease the property.
If
no such governing authority of a high-performing community school
notifies the district treasurer of its intention to lease the
property pursuant to division (B) of this section, the board shall
then proceed with the offers from all other start-up community
schools
,
college-preparatory boarding schools,
and STEM schools made pursuant to that division. If more than one
other start-up community school
,
college-preparatory boarding school,
or STEM school notified the district treasurer of its intention to
lease the property pursuant to division (B) of this section, the
district board shall conduct a lottery to select from among those
parties the one qualified party to which the district board shall
lease the property.
(4)
The lease price offered by a district board to a community school
,
college-preparatory boarding school,
or STEM school under this section shall not be higher than the fair
market value for such a leasehold as determined in an appraisal that
is not more than one year old.
(5)
If no qualified party offered the property under division (B) of this
section accepts the offer to lease or buy the property within sixty
days after the offer is made, the district board may offer the
property to any other entity in accordance with divisions (A) to (F)
of section 3313.41 of the Revised Code.
(D)
Notwithstanding division (B) of this section, a school district board
may renew any agreement it originally entered into prior to June 30,
2011, to lease real property to an entity other than a community
school
,
college-preparatory boarding school,
or STEM school. Nothing in this section shall affect the leasehold
arrangements between the district board and that other entity.
(E)(1)
Except as provided in division (E)(2) of this section, the governing
authority of a community school
,
board of trustees of a college-preparatory boarding school,
or governing body of a STEM school shall not sell any property
purchased under division (B) of this section within five years of
purchasing that property.
(2)
The governing authority
,
board of trustees,
or governing body may sell a property purchased under division (B) of
this section within five years of the purchase, only if the governing
authority
,
board of trustees,
or governing body sells or transfers that property to another entity
described in that division.
Sec.
3313.413.
(A)
As used in this section, "high-performing community school"
means a community school established under Chapter 3314. of the
Revise
Revised
Code
that meets any of the following conditions:
(1)
Except as provided for in division (A)(2) or (3) of this section, the
community school does both of the following:
(a)
The school has a higher performance index score than the school
district in which the school is located on the two most recent report
cards issued under section 3302.03 of the Revised Code.
(b)
The school either has a performance rating of four stars or higher
for progress on the most recent report card issued under section
3302.03 of the Revised Code or is a school described under division
(B)(1) of section 3314.35 of the Revised Code and did not receive a
rating for progress on the most recent report card.
(2)
If the community school serves only grades kindergarten through
three, the school received a performance rating of four stars or
higher for early literacy on its most recent report card issued under
section 3302.03 of the Revised Code.
(3)
If the community school has not commenced operations or has been in
operation for less than one school year, the school meets the
following conditions:
(a)
The school is replicating an operational and instructional model used
by a community school described in division (A)(1) or (2) of this
section.
(b)
The school either:
(i)
Has an operator that received an overall rating of three stars or
higher, or a "C" or higher, on its most recent performance
report published under section 3314.031 of the Revised Code;
(ii)
Does not have an operator and is sponsored by a sponsor that was
rated "exemplary" or "effective" on its most
recent evaluation conducted under section 3314.016 of the Revised
Code.
(B)
When a school district board of education decides to dispose of real
property it owns in its corporate capacity under section 3313.41 of
the Revised Code, the board shall first offer that property to the
governing authorities of all start-up community schools
,
the boards of trustees of any college-preparatory boarding schools,
and the governing bodies of any STEM schools that are located within
the territory of the district. Not later than sixty days after the
district board makes the offer, interested governing authorities
,
boards of trustees,
and governing bodies shall notify the district treasurer in writing
of the intention to purchase the property.
The
district board shall give priority to the governing authorities of
high-performing community schools that are located within the
territory of the district.
(1)
If more than one governing authority of a high-performing community
school notifies the district treasurer of its intention to purchase
the property pursuant to division (B) of this section, the board
shall conduct a public auction in the manner required for auctions of
district property under division (A) of section 3313.41 of the
Revised Code. Only the governing authorities of high-performing
community schools that notified the district treasurer pursuant to
division (B) of this section are eligible to bid at the auction.
(2)
If no governing authority of a high-performing community school
notifies the district treasurer of its intention to purchase the
property pursuant to division (B) of this section, the board shall
then proceed with the offers from all other start-up community
schools
,
college-preparatory boarding schools,
and STEM schools made pursuant to that division. If more than one
such entity notifies the district treasurer of its intention to
purchase the property pursuant to division (B) of this section, the
board shall conduct a public auction in the manner required for
auctions of district property under division (A) of section 3313.41
of the Revised Code. Only the entities that notified the district
treasurer pursuant to division (B) of this section are eligible to
bid at the auction.
(3)
If no governing authority
,
board of trustees,
or governing body notifies the district treasurer of its intention to
purchase the property pursuant to division (B) of this section, the
district may then offer the property for sale in the manner
prescribed under divisions (A) to (F) of section 3313.41 of the
Revised Code.
(C)
Notwithstanding anything to the contrary in sections 3313.41 and
3313.411 of the Revised Code, the purchase price of any real property
sold to any of the entities in accordance with division (B) of this
section shall not be more than the appraised fair market value of
that property as determined in an appraisal of the property that is
not more than one year old.
(D)
Not later than the first day of October of each year, the department
of education and workforce shall post in a prominent location on its
web site a list of schools that qualify as high-performing community
schools for purposes of this section and section 3313.411 of the
Revised Code.
Sec.
3313.483.
(A)
A board of education, upon the adoption of a resolution stating that
it may be financially unable to open on the day or to remain open for
instruction on all days set forth in its adopted school calendar and
pay all obligated expenses, or the director of education and
workforce upon the issuance of written notification under division
(B) of section 3313.489 of the Revised Code, shall request the
auditor of state to determine whether such situation exists. The
auditor shall deliver a copy of each request from a board of
education to the director. In the case of a school district not under
a fiscal emergency pursuant to Chapter 3316. of the Revised Code the
auditor shall not issue a finding under this section until written
notification is received from the director pursuant to section
3313.487 of the Revised Code.
(B)
If the auditor of state finds that the board of education has
attempted to avail itself to the fullest extent authorized by law of
all lawful revenue sources available to it except those authorized by
section 5705.21 of the Revised Code, the auditor shall certify that
finding to the department of education and workforce and shall
certify the operating deficit the district will have at the end of
the fiscal year if it commences or continues operating its
instructional program in accordance with its adopted school calendar
and pays all obligated expenses.
(C)
No
board of education may delay the opening of its schools or close its
schools for financial reasons. Upon the request of the director of
education and workforce, the attorney general shall seek injunctive
relief and any other relief required to enforce this prohibition in
the court of common pleas of Franklin county. The court of common
pleas of Franklin county has exclusive original jurisdiction over all
such actions.
(D)
Upon the receipt of any certification of an operating deficit from
the auditor of state, a board of education shall make application to
a commercial bank, underwriter, or other prospective lender or
purchaser of its obligations for a loan in an amount sufficient to
enable the district to open or remain open for instruction on all
days set forth in its adopted school calendar but not to exceed the
amount of the deficit certified.
(E)(1)
Any board of education that has applied for and been denied a loan
from a commercial bank, underwriter, or other prospective lender or
purchaser of its obligations pursuant to division (D) of this section
shall submit to the director of education and workforce a plan for
implementing reductions in the school district's budget; apply for a
loan from a commercial bank, underwriter, or other prospective lender
or purchaser of its obligations in an amount not to exceed its
certified deficit; and provide the director such information as the
director requires concerning its application for such a loan. The
board of education of a school district declared to be under a fiscal
watch pursuant to division (A) of section 3316.03 of the Revised Code
may, upon approval of the director, utilize the financial plan
required by section 3316.04 of the Revised Code, or applicable parts
thereof, as the plan required under this division. The board of
education of a school district declared to be under a fiscal
emergency pursuant to division (B) of section 3316.03 of the Revised
Code may utilize the financial recovery plan for the district, or
applicable parts thereof, as the plan required under this division.
Except for the plan of a school district under a fiscal emergency,
the director shall evaluate, make recommendations concerning, and
approve or disapprove each plan. When a plan is submitted, the
director shall immediately notify the members of the general assembly
whose legislative districts include any or all of the territory of
the school district submitting the plan.
(2)
The director shall submit to the controlling board a copy of each
plan the director approves, or each plan submitted by a district
under a fiscal emergency pursuant to division (B) of section 3316.03
of the Revised Code, and the general terms of each proposed loan, and
shall make recommendations regarding the plan and whether a proposed
loan to the board of education should be approved for payment as
provided in division (E)(3) of this section. The controlling board
shall approve or disapprove the plan and the proposed loan presented
to it by the director. In the case of a district not under a fiscal
emergency pursuant to division (B) of section 3316.03 of the Revised
Code, the controlling board may require a board of education to
implement the director's recommendations for expenditure reductions
or impose other requirements. Loan repayments shall be in accordance
with a schedule approved by the director, except that the principal
amount of the loan shall be payable in monthly, semiannual, or annual
installments of principal and interest that are substantially equal
principal and interest installments. Except as otherwise provided in
division (E)(2) of this section, repayment shall be made no later
than the fifteenth day of June of the second fiscal year following
the approval of the loan. A school district with a certified deficit
in excess of either twenty-five million dollars or fifteen per cent
of the general fund expenditures of the district during the fiscal
year shall repay the loan no later than the fifteenth day of June of
the tenth fiscal year following the approval of the loan. In deciding
whether to approve or disapprove a proposed loan, the controlling
board shall consider the deficit certified by the auditor of state
pursuant to this section. A board of education that has an
outstanding loan approved pursuant to this section with a repayment
date of more than two fiscal years after the date of approval of such
loan may not apply for another loan with such a repayment date until
the outstanding loan has been repaid.
(3)
If a board of education has submitted and received controlling board
approval of a plan and proposed loan in accordance with this section,
the director of education and workforce shall report to the
controlling board the actual amounts loaned to the board of
education. Such board of education shall request the director to pay
any funds the board of education would otherwise receive pursuant to
Chapter 3306. of the Revised Code first directly to the holders of
the board of education's notes, or an agent thereof, such amounts as
are specified under the terms of the loan. Such payments shall be
made only from and to the extent of money appropriated by the general
assembly for purposes of such sections. No note or other obligation
of the board of education under the loan constitutes an obligation
nor a debt or a pledge of the faith, credit, or taxing power of the
state, and the holder or owner of such note or obligation has no
right to have taxes levied by the general assembly for the payment of
such note or obligation, and such note or obligation shall contain a
statement to that effect.
(4)
Pursuant to the terms of such a loan, a board of education may issue
its notes in anticipation of the collection of its voted levies for
current expenses or its receipt of such state funds or both. Such
notes shall be issued in accordance with division (E) of section
133.10 of the Revised Code and constitute Chapter 133. securities to
the extent such division and the otherwise applicable provisions of
Chapter 133. of the Revised Code are not inconsistent with this
section, provided that in any event sections 133.24 and 5705.21 and
divisions (A), (B), (C), and (E)(2) of section 133.10 of the Revised
Code do not apply to such notes.
(5)
Notwithstanding section 133.36 or 3313.17, any other section of the
Revised Code, or any other provision of law, a board of education
that has received a loan under this section may not declare
bankruptcy, so long as any portion of such loan remains unpaid.
(F)
Under
this section
and section 3313.4810
,
"board of education"
or
"district board"
includes
the financial planning and supervision commission of a school
district under a fiscal emergency pursuant to Chapter 3316. of the
Revised Code
where such commission chooses to exercise the powers and duties
otherwise required of the district board of education under this
section and section 3313.4810 of the Revised Code
.
Sec.
3313.603.
(A)
As used in this section:
(1)
"One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2)
"One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B)
Beginning September 15, 2001, except as required in division (C) of
this section and division (C) of section 3313.614 of the Revised
Code, the requirements for graduation from every high school shall
include twenty units earned in grades nine through twelve and shall
be distributed as follows:
(1)
English language arts, four units;
(2)
Health, one-half unit;
(3)
Mathematics, three units;
(4)
Physical education, one-half unit;
(5)
Science, two units until September 15, 2003, and three units
thereafter, which at all times shall include both of the following:
(a)
Biological sciences, one unit;
(b)
Physical sciences, one unit.
(6)
History and government, one unit, which shall comply with division
(M) of this section and shall include both of the following:
(a)
American history, one-half unit;
(b)
American government, one-half unit.
(7)
Social studies, two units.
Beginning
with students who enter ninth grade for the first time on or after
July 1, 2017, the two units of instruction prescribed by division
(B)(7) of this section shall include at least one-half unit of
instruction in the study of world history and civilizations.
(8)
Elective units, seven units until September 15, 2003, and six units
thereafter.
Each
student's electives shall include at least one unit, or two half
units, chosen from among the areas of business/technology, fine arts,
and/or foreign language.
(C)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2010, except as provided in divisions (D) to (F) of
this section, the requirements for graduation from every public and
chartered nonpublic high school shall include twenty units that are
designed to prepare students for the workforce and college. The units
shall be distributed as follows:
(1)
English language arts, four units;
(2)
Health, one-half unit, which shall include instruction in nutrition
and the benefits of nutritious foods and physical activity for
overall health;
(3)
Mathematics, four units, which shall include one unit of algebra II
or the equivalent of algebra II, or one unit of advanced computer
science as described in the standards adopted pursuant to division
(A)(4) of section 3301.079 of the Revised Code. However, students who
enter ninth grade for the first time on or after July 1, 2015, and
who are pursuing a career-technical instructional track shall not be
required to take algebra II or advanced computer science, and instead
may complete a career-based pathway mathematics course approved by
the department of education and workforce as an alternative.
For
students who choose to take advanced computer science in lieu of
algebra II under division (C)(3) of this section, the school shall
communicate to those students that some institutions of higher
education may require algebra II for the purpose of college
admission. Also, the parent, guardian, or legal custodian of each
student who chooses to take advanced computer science in lieu of
algebra II shall sign and submit to the school a document containing
a statement acknowledging that not taking algebra II may have an
adverse effect on college admission decisions.
A
student may fulfill one unit of mathematics under division (C)(3) of
this section by completing one-half unit of financial literacy
instruction to satisfy the requirement prescribed under division
(C)(9) of this section and one-half unit of a mathematics course. The
one-half unit course in mathematics shall not be in algebra II, or
its equivalent, or a course for which the department requires an
end-of-course examination under section 3301.0712 of the Revised
Code.
Students
who choose to take one unit of advanced computer science in lieu of
algebra II, as described in division (C)(3) of this section, shall
not be permitted to complete one-half unit of financial literacy
instruction to satisfy the mathematics unit requirements of that
division. Instead, those students shall be required to complete the
one-half unit of financial literacy instruction under division (C)(8)
of this section.
(4)
Physical education, one-half unit;
(5)
Science, three units with inquiry-based laboratory experience that
engages students in asking valid scientific questions and gathering
and analyzing information, which shall include the following, or
their equivalent:
(a)
Physical sciences, one unit;
(b)
Life sciences, one unit;
(c)
Advanced study in one or more of the following sciences, one unit:
(i)
Chemistry, physics, or other physical science;
(ii)
Advanced biology or other life science;
(iii)
Astronomy, physical geology, or other earth or space science;
(iv)
Computer science.
No
student shall substitute a computer science course for a life
sciences or biology course under division (C)(5) of this section.
(6)
History and government, one unit, which shall comply with division
(M) of this section and shall include both of the following:
(a)
American history, one-half unit;
(b)
American government, one-half unit.
(7)
Social studies, two units.
Beginning
with students who enter ninth grade for the first time on or after
July 1, 2017, the two units of instruction prescribed by division
(C)(7) of this section shall include at least one-half unit of
instruction in the study of world history and civilizations.
(8)
Five units consisting of one or any combination of foreign language,
fine arts, business, career-technical education, family and consumer
sciences, technology which may include computer science, agricultural
education, a junior reserve officer training corps (JROTC) program
approved by the congress of the United States under title 10 of the
United States Code, or English language arts, mathematics, science,
or social studies courses not otherwise required under division (C)
of this section.
One-half
unit of instruction under division (C)(8) of this section may be
instruction in financial literacy to satisfy the requirement under
division (C)(9) of this section.
(9)(a)
Except as provided in division (C)(9)(b) of this section, for
students who enter ninth grade for the first time on or after July 1,
2022, financial literacy, one-half unit. Each student shall elect to
complete the one-half unit of instruction in financial literacy
either in lieu of one-half unit of instruction in mathematics under
division (C)(3) of this section or an elective under division (C)(8)
of this section. A student may fulfill the financial literacy
instruction requirement under division (C)(9) of this section through
the successful completion of an advanced placement course in
microeconomics or macroeconomics.
(b)
A student attending a nonpublic school accredited through the
independent schools association of the central states or any other
chartered nonpublic school shall not be required to complete the
one-half unit of financial literacy instruction prescribed in
division (C)(9)(a) of this section, unless that student is attending
the school under a state scholarship program as defined in section
3301.0711 of the Revised Code.
The
study and instruction of financial literacy required under division
(C)(9) of this section shall align with the academic content
standards for financial literacy and entrepreneurship adopted under
division (A)(2) of section 3301.079 of the Revised Code. The
instruction provided under an advanced placement course in
microeconomics or macroeconomics shall be considered to be aligned
with those academic content standards. In developing the curriculum
for the study and instruction of financial literacy, schools may use
available public-private partnerships and resources and materials
that exist in business, industry, and through the centers for
economics education at institutions of higher education.
Ohioans
must be prepared to apply increased knowledge and skills in the
workplace and to adapt their knowledge and skills quickly to meet the
rapidly changing conditions of the twenty-first century. National
studies indicate that all high school graduates need the same
academic foundation, regardless of the opportunities they pursue
after graduation. The goal of Ohio's system of elementary and
secondary education is to prepare all students for and seamlessly
connect all students to success in life beyond high school
graduation, regardless of whether the next step is entering the
workforce, beginning an apprenticeship, engaging in post-secondary
training, serving in the military, or pursuing a college degree.
The
requirements for graduation prescribed in division (C) of this
section are the standard expectation for all students entering ninth
grade for the first time at a public or chartered nonpublic high
school on or after July 1, 2010. A student may satisfy this
expectation through a variety of methods, including, but not limited
to, integrated, applied, career-technical, and traditional
coursework.
Stronger
coordination between high schools and institutions of higher
education is necessary to prepare students for more challenging
academic endeavors and to lessen the need for academic remediation in
college, thereby reducing the costs of higher education for Ohio's
students, families, and the state. The department and the chancellor
of higher education shall develop policies to ensure that only in
rare instances will students who complete the requirements for
graduation prescribed in division (C) of this section require
academic remediation after high school.
School
districts, community schools, and chartered nonpublic schools shall
integrate technology into learning experiences across the curriculum
in order to maximize efficiency, enhance learning, and prepare
students for success in the technology-driven twenty-first century.
Districts and schools shall use distance and web-based course
delivery as a method of providing or augmenting all instruction
required under this division, including laboratory experience in
science. Districts and schools shall utilize technology access and
electronic learning opportunities provided by the broadcast
educational media commission, chancellor, the Ohio learning network,
education technology centers, public television stations, and other
public and private providers.
(D)
Except as provided in division (E) of this section, a student who
enters ninth grade on or after July 1, 2010, and before July 1, 2016,
may qualify for graduation from a public or chartered nonpublic high
school even though the student has not completed the requirements for
graduation prescribed in division (C) of this section if all of the
following conditions are satisfied:
(1)
During the student's third year of attending high school, as
determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's consent
to the student's graduating without completing the requirements for
graduation prescribed in division (C) of this section and
acknowledging that one consequence of not completing those
requirements is ineligibility to enroll in most state universities in
Ohio without further coursework.
(2)
The student and parent, guardian, or custodian fulfill any procedural
requirements the school stipulates to ensure the student's and
parent's, guardian's, or custodian's informed consent and to
facilitate orderly filing of statements under division (D)(1) of this
section. Annually, each district or school shall notify the
department of the number of students who choose to qualify for
graduation under division (D) of this section and the number of
students who complete the student's success plan and graduate from
high school.
(3)
The student and the student's parent, guardian, or custodian and a
representative of the student's high school jointly develop a student
success plan for the student in the manner described in division
(C)(1) of section 3313.6020 of the Revised Code that specifies the
student matriculating to a two-year degree program, acquiring a
business and industry-recognized credential, or entering an
apprenticeship.
(4)
The student's high school provides counseling and support for the
student related to the plan developed under division (D)(3) of this
section during the remainder of the student's high school experience.
(5)(a)
Except as provided in division (D)(5)(b) of this section, the student
successfully completes, at a minimum, the curriculum prescribed in
division (B) of this section.
(b)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2014, a student shall be required to complete
successfully, at the minimum, the curriculum prescribed in division
(B) of this section, except as follows:
(i)
Mathematics, four units, one unit which shall be one of the
following:
(I)
Probability and statistics;
(II)
Computer science;
(III)
Applied mathematics or quantitative reasoning;
(IV)
Any other course approved by the department using standards
established by the superintendent not later than October 1, 2014.
(ii)
Elective units, five units;
(iii)
Science, three units as prescribed by division (B) of this section
which shall include inquiry-based laboratory experience that engages
students in asking valid scientific questions and gathering and
analyzing information.
(E)
Each school district and chartered nonpublic school retains the
authority to require an even more challenging minimum curriculum for
high school graduation than specified in division (B) or (C) of this
section. A school district board of education, through the adoption
of a resolution, or the governing authority of a chartered nonpublic
school may stipulate any of the following:
(1)
A minimum high school curriculum that requires more than twenty units
of academic credit to graduate;
(2)
An exception to the district's or school's minimum high school
curriculum that is comparable to the exception provided in division
(D) of this section but with additional requirements, which may
include a requirement that the student successfully complete more
than the minimum curriculum prescribed in division (B) of this
section;
(3)
That no exception comparable to that provided in division (D) of this
section is available.
If
a school district or chartered nonpublic school requires a foreign
language as an additional graduation requirement under division (E)
of this section, a student may apply one unit of instruction in
computer coding to satisfy one unit of foreign language. If a student
applies more than one computer coding course to satisfy the foreign
language requirement, the courses shall be sequential and
progressively more difficult.
(F)
A student enrolled in a dropout prevention and recovery program,
which program has received a waiver from the department, may qualify
for graduation from high school by successfully completing a
competency-based instructional program administered by the dropout
prevention and recovery program in lieu of completing the
requirements for graduation prescribed in division (C) of this
section. The department shall grant a waiver to a dropout prevention
and recovery program, within sixty days after the program applies for
the waiver, if the program meets all of the following conditions:
(1)
The program serves only students not younger than sixteen years of
age and not older than twenty-one years of age.
(2)
The program enrolls students who, at the time of their initial
enrollment, either, or both, are at least one grade level behind
their cohort age groups or experience crises that significantly
interfere with their academic progress such that they are prevented
from continuing their traditional programs.
(3)
The program requires students to attain at least the applicable score
designated for each of the assessments prescribed
under
division (B)(1) of section 3301.0710 of the Revised Code
or,
to the extent prescribed by rule of the department under division
(D)(5) of section 3301.0712 of the Revised Code,
under
division
(B)(2) of that section.
(4)
The program develops a student success plan for the student in the
manner described in division (C)(1) of section 3313.6020 of the
Revised Code that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry-recognized
credential, or entering an apprenticeship.
(5)
The program provides counseling and support for the student related
to the plan developed under division (F)(4) of this section during
the remainder of the student's high school experience.
(6)
The program requires the student and the student's parent, guardian,
or custodian to sign and file, in accordance with procedural
requirements stipulated by the program, a written statement asserting
the parent's, guardian's, or custodian's consent to the student's
graduating without completing the requirements for graduation
prescribed in division (C) of this section and acknowledging that one
consequence of not completing those requirements is ineligibility to
enroll in most state universities in Ohio without further coursework.
(7)
Prior to receiving the waiver, the program has submitted to the
department an instructional plan that demonstrates how the academic
content standards adopted by the department under section 3301.079 of
the Revised Code will be taught and assessed.
(8)
Prior to receiving the waiver, the program has submitted to the
department a policy on career advising that satisfies the
requirements of section 3313.6020 of the Revised Code, with an
emphasis on how every student will receive career advising.
(9)
Prior to receiving the waiver, the program has submitted to the
department a written agreement outlining the future cooperation
between the program and any combination of local job training,
postsecondary education, nonprofit, and health and social service
organizations to provide services for students in the program and
their families.
Divisions
(F)(8) and (9) of this section apply only to waivers granted on or
after July 1, 2015.
If
the department does not act either to grant the waiver or to reject
the program application for the waiver within sixty days as required
under this section, the waiver shall be considered to be granted.
(G)
Every high school may permit students below the ninth grade to take
advanced work. If a high school so permits, it shall award high
school credit for successful completion of the advanced work and
shall count such advanced work toward the graduation requirements of
division (B) or (C) of this section if the advanced work was both:
(1)
Taught by a person who possesses a license or certificate issued
under section 3301.071, 3319.22, or 3319.222 of the Revised Code that
is valid for teaching high school;
(2)
Designated by the board of education of the city, local, or exempted
village school district, the board of the cooperative education
school district, or the governing authority of the chartered
nonpublic school as meeting the high school curriculum requirements.
Each
high school shall record on the student's high school transcript all
high school credit awarded under division (G) of this section. In
addition, if the student completed a seventh- or eighth-grade fine
arts course described in division (K) of this section and the course
qualified for high school credit under that division, the high school
shall record that course on the student's high school transcript.
(H)
The department shall make its individual academic career plan
available through its Ohio career information system web site for
districts and schools to use as a tool for communicating with and
providing guidance to students and families in selecting high school
courses.
(I)
A school district or chartered nonpublic school may integrate
academic content in a subject area for which the department has
adopted standards under section 3301.079 of the Revised Code into a
course in a different subject area, including a career-technical
education course, in accordance with guidance for integrated
coursework developed by the department. Upon successful completion of
an integrated course, a student may receive credit for both subject
areas that were integrated into the course. Units earned for subject
area content delivered through integrated academic and
career-technical instruction are eligible to meet the graduation
requirements of division (B) or (C) of this section.
For
purposes of meeting graduation requirements, if an end-of-course
examination has been prescribed under section 3301.0712 of the
Revised Code for the subject area delivered through integrated
instruction, the school district or school may administer the related
subject area examinations upon the student's completion of the
integrated course.
Nothing
in division (I) of this section shall be construed to excuse any
school district, chartered nonpublic school, or student from any
requirement in the Revised Code related to curriculum, assessments,
or the awarding of a high school diploma.
(J)(1)
The department, in consultation with the chancellor, shall adopt a
statewide plan implementing methods for students to earn units of
high school credit based on a demonstration of subject area
competency, instead of or in combination with completing hours of
classroom instruction. The plan shall include a standard method for
recording demonstrated proficiency on high school transcripts. Each
school district and community school shall comply with the
department's plan adopted under this division and award units of high
school credit in accordance with the plan. The department may adopt
existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.
(2)
The department shall update the statewide plan adopted pursuant to
division (J)(1) of this section to also include methods for students
enrolled in seventh and eighth grade to meet curriculum requirements
based on a demonstration of subject area competency, instead of or in
combination with completing hours of classroom instruction. Beginning
with the 2017-2018 school year, each school district and community
school also shall comply with the updated plan adopted pursuant to
this division and permit students enrolled in seventh and eighth
grade to meet curriculum requirements based on subject area
competency in accordance with the plan.
(3)
The department shall develop a framework for school districts and
community schools to use in granting units of high school credit to
students who demonstrate subject area competency through work-based
learning experiences, internships, or cooperative education.
Beginning with the 2018-2019 school year, each district and community
school shall comply with the framework. Each district and community
school also shall review any policy it has adopted regarding the
demonstration of subject area competency to identify ways to
incorporate work-based learning experiences, internships, and
cooperative education into the policy in order to increase student
engagement and opportunities to earn units of high school credit.
(K)
This division does not apply to students who qualify for graduation
from high school under division (D) or (F) of this section, or to
students pursuing a career-technical instructional track as
determined by the school district board of education or the chartered
nonpublic school's governing authority. Nevertheless, the general
assembly encourages such students to consider enrolling in a fine
arts course as an elective.
Beginning
with students who enter ninth grade for the first time on or after
July 1, 2010, each student enrolled in a public or chartered
nonpublic high school shall complete two semesters or the equivalent
of fine arts to graduate from high school. The coursework may be
completed in any of grades seven to twelve. Each student who
completes a fine arts course in grade seven or eight may elect to
count that course toward the five units of electives required for
graduation under division (C)(8) of this section, if the course
satisfied the requirements of division (G) of this section. In that
case, the high school shall award the student high school credit for
the course and count the course toward the five units required under
division (C)(8) of this section. If the course in grade seven or
eight did not satisfy the requirements of division (G) of this
section, the high school shall not award the student high school
credit for the course but shall count the course toward the two
semesters or the equivalent of fine arts required by this division.
(L)
Notwithstanding anything to the contrary in this section, the board
of education of each school district and the governing authority of
each chartered nonpublic school may adopt a policy to excuse from the
high school physical education requirement each student who, during
high school, has participated in interscholastic athletics, marching
band, show choir, or cheerleading for at least two full seasons or in
the junior reserve officer training corps for at least two full
school years. If the board or authority adopts such a policy, the
board or authority shall not require the student to complete any
physical education course as a condition to graduate. However, the
student shall be required to complete one-half unit, consisting of at
least sixty hours of instruction, in another course of study. In the
case of a student who has participated in the junior reserve officer
training corps for at least two full school years, credit received
for that participation may be used to satisfy the requirement to
complete one-half unit in another course of study.
(M)
It is important that high school students learn and understand United
States history and the governments of both the United States and the
state of Ohio. Therefore, beginning with students who enter ninth
grade for the first time on or after July 1, 2012, the study of
American history and American government required by divisions (B)(6)
and (C)(6) of this section shall include the study of all of the
following documents:
(1)
The Declaration of Independence;
(2)
The Northwest Ordinance;
(3)
The Constitution of the United States with emphasis on the Bill of
Rights;
(4)
The Ohio Constitution.
The
study of each of the documents prescribed in divisions (M)(1) to (4)
of this section shall include study of that document in its original
context.
The
study of American history and government required by divisions (B)(6)
and (C)(6) of this section shall include the historical evidence of
the role of documents such as the Federalist Papers and the
Anti-Federalist Papers to firmly establish the historical background
leading to the establishment of the provisions of the Constitution
and Bill of Rights.
(N)
A student may apply one unit of instruction in computer science to
satisfy one unit of mathematics or one unit of science under division
(C) of this section as the student chooses, regardless of the field
of certification of the teacher who teaches the course, so long as
that teacher meets the licensure requirements prescribed by section
3319.236 of the Revised Code and, prior to teaching the course,
completes a professional development program determined to be
appropriate by the district board.
If
a student applies more than one computer science course to satisfy
curriculum requirements under that division, the courses shall be
sequential and progressively more difficult or cover different
subject areas within computer science.
(O)
Notwithstanding anything to the contrary in this section, the board
of education of each school district and the governing authority of
each chartered nonpublic school may adopt a policy to excuse from the
financial literacy instruction requirement under division (C)(9) of
this section each student who, during high school, participates in a
financial literacy program offered through a student branch, as
defined in section 1733.04 of the Revised Code, or by a bank, as
defined in section 1101.01 of the Revised Code. The policy shall
require the financial literacy program to meet or exceed the academic
content standards and model curriculum for financial literacy and
entrepreneurship instruction adopted under section 3301.079 of the
Revised Code. The policy shall require a student to participate in
the program for the equivalent of at least one-half unit of
instruction to qualify for an exemption under this division.
Not
later than July 1, 2026, the department shall develop and post on its
web site a model policy and guidelines for districts and schools to
use in developing a policy under this division.
Sec.
3313.6026.
(A)
As used in this section, "school governing authority" means
any of the following:
(1)
The governing authority of a community school established under
Chapter 3314. of the Revised Code;
(2)
The governing body of a STEM school established under Chapter 3326.
of the Revised Code;
(3)
The
board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code;
(4)
The governing authority of a chartered nonpublic school.
(B)
Each school district board of education and each school governing
authority that operates a high school shall enter into a data sharing
agreement with the chancellor of higher education for the purposes of
operating the free application for federal student aid data system
established under section 3333.301 of the Revised Code. Each school
district or school shall provide principals and school counselors
with access to the data system to assist with efforts to support and
encourage students to complete the free application for federal
student aid form.
Sec.
3313.6028.
(A)(1)
As used in Title XXXIII of the Revised Code, "science of
reading" means an interdisciplinary body of scientific evidence
that:
(a)
Informs how students learn to read and write proficiently;
(b)
Explains why some students have difficulty with reading and writing;
(c)
Indicates that all students benefit from explicit and systematic
instruction in phonemic awareness, phonics, vocabulary, fluency,
comprehension, and writing to become effective readers;
(d)
Does not rely on any model of teaching students to read based on
meaning, structure and syntax, and visual cues, including a
three-cueing approach.
(2)
As used in this section, "three-cueing approach" means any
model of teaching students to read based on meaning, structure and
syntax, and visual cues.
(B)
The department of education and workforce shall establish a list of
high-quality core curriculum and instructional materials in English
language arts, and a list of evidence-based reading intervention
programs, that are aligned with the science of reading and strategies
for effective literacy instruction.
(C)
Beginning not later than the 2024-2025 school year, each school
district, community school established under Chapter 3314. of the
Revised Code, and STEM school established under Chapter 3326. of the
Revised Code, shall use core curriculum and instructional materials
in English language arts in each of grades pre-kindergarten to five
and evidence-based reading intervention programs in each of grades
pre-kindergarten to twelve only from the lists established under
division (B) of this section. Except as provided in division (D) of
this section, no district or school shall use any core curriculum,
instructional materials, or intervention program in grades
pre-kindergarten to five that use the three-cueing approach to teach
students to read.
(D)
A district or school may apply to the department for a waiver on an
individual student basis to use curriculum, instructional materials,
or an intervention program in grades pre-kindergarten through five
that uses the three-cueing approach to teach students to read, except
as follows:
(1)
No student for whom a reading improvement and monitoring plan has
been developed under division (C) of section 3313.608 of the Revised
Code shall be eligible for a waiver.
(2)
If a student has an individualized education program that explicitly
indicates the three-cueing approach is appropriate for the student's
learning needs, the student shall not be required to have a waiver.
In
determining whether to approve a waiver requested under this section,
the department shall consider the performance of the student's
district or school on the state report card issued under section
3302.03 of the Revised Code, including on the early literacy
component prescribed under
division
(D)(3)(e) of
that
section.
(E)(1)
The department shall identify vendors that provide professional
development to educators, including pre-service teachers and faculty
employed by educator preparation programs, on the use of high-quality
core curriculum and instructional materials and reading intervention
programs on the lists established under division (B) of this section.
(2)
A professional development committee established under section
3319.22 of the Revised Code shall qualify any completed professional
development coursework provided by a vendor described in division
(E)(1) of this section to count towards professional development
coursework requirements for teacher licensure renewal.
(3)
A professional development committee shall permit a teacher to apply
any hours earned over the minimum amount of hours required for
professional development coursework for teacher licensure renewal
under division (E)(2) of this section to the next renewal period for
that license.
(F)
Not later than the thirtieth day of June of each year, the department
shall prepare and issue a report regarding the implementation of this
section, including by districts and schools. The department shall
provide the report to the governor, and, in accordance with section
101.68 of the Revised Code, to the general assembly.
Sec.
3313.61.
(A)
A diploma shall be granted by the board of education of any city,
exempted village, or local school district that operates a high
school to any person to whom all of the following apply:
(1)
The person has successfully completed the curriculum in any high
school or the individualized education program developed for the
person by any high school pursuant to section 3323.08 of the Revised
Code, or has qualified under division (D) or (F) of section 3313.603
of the Revised Code, provided that no school district shall require a
student to remain in school for any specific number of semesters or
other terms if the student completes the required curriculum early;
(2)
Subject to section 3313.614 of the Revised Code, the person has met
the assessment
requirements
of division (A)(2)(a) or (b) of this section, as applicable.
(a)
If the person entered the ninth grade prior to July 1, 2014, the
person either:
(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division unless the person was excused
from taking any such assessment pursuant to section 3313.532 of the
Revised Code or unless division (H) or (L) of this section applies to
the person;
(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(b)
If the person entered the ninth grade on or after July 1, 2014, the
person has met the
requirement
prescribed by section 3313.618 of the Revised Code, except to the
extent that the person is excused from an assessment prescribed by
that section pursuant to section 3313.532 of the Revised Code or
division
(H)
(G)
or
(L)
(K)
of this section.
(3)
The person is not eligible to receive an honors diploma granted
pursuant to division (B) of this section.
Except
as provided in divisions
(C),
(E)
(D)
,
(J)
(I)
,
and
(L)
(K)
of this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B)
In lieu of a diploma granted under division (A) of this section, an
honors diploma shall be granted, in accordance with rules of the
department of education and workforce, by any such district board to
anyone who accomplishes all of the following:
(1)
Successfully completes the curriculum in any high school or the
individualized education program developed for the person by any high
school pursuant to section 3323.08 of the Revised Code;
(2)
Subject to section 3313.614 of the Revised Code, has met the
assessment
requirements
of division (B)(2)(a) or (b) of this section, as applicable.
(a)
If the person entered the ninth grade prior to July 1, 2014, the
person either:
(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division;
(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(b)
If the person entered the ninth grade on or after July 1, 2014, the
person has met the
requirement
prescribed under section 3313.618 of the Revised Code.
(3)
Has met additional criteria established by the department for the
granting of such a diploma.
An
honors diploma shall not be granted to a student who is subject to
the requirements prescribed in division (C) of section 3313.603 of
the Revised Code but elects the option of division (D) or (F) of that
section. Except as provided in divisions
(C),
(E),
(D)
and
(J)
(I)
of this section, no honors diploma shall be granted to anyone failing
to comply with this division and no more than one honors diploma
shall be granted to any student under this division.
The
department shall adopt rules prescribing the granting of honors
diplomas under this division. These rules may prescribe the granting
of honors diplomas that recognize a student's achievement as a whole
or that recognize a student's achievement in one or more specific
subjects or both. The rules may prescribe the granting of an honors
diploma recognizing technical expertise for a career-technical
student. In any case, the rules shall designate two or more criteria
for the granting of each type of honors diploma the board establishes
under this division and the number of such criteria that must be met
for the granting of that type of diploma. The number of such criteria
for any type of honors diploma shall be at least one less than the
total number of criteria designated for that type and no one or more
particular criteria shall be required of all persons who are to be
granted that type of diploma.
(C)
Any
district board administering any of the assessments required by
section 3301.0710 of the Revised Code to any person requesting to
take such assessment pursuant to division (B)(8)(b) of section
3301.0711 of the Revised Code shall award a diploma to such person if
the person attains at least the applicable scores designated under
division (B)(1) of section 3301.0710 of the Revised Code on all the
assessments administered and if the person has previously attained
the applicable scores on all the other assessments required by
division (B)(1) of that section or has been exempted or excused from
attaining the applicable score on any such assessment pursuant to
division (H) or (L) of this section or from taking any such
assessment pursuant to section 3313.532 of the Revised Code.
(D)
Each
diploma awarded under this section shall be signed by the president
and treasurer of the issuing board, the superintendent of schools,
and the principal of the high school. Each diploma shall bear the
date of its issue, be in such form as the district board prescribes,
and be paid for out of the district's general fund.
(E)
(D)
A person who is a resident of Ohio and is eligible under the minimum
standards of the director of education and workforce to receive a
high school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or any
political subdivision thereof, shall be granted such diploma by the
correctional institution operating the programs in which such credits
were earned, and by the board of education of the school district in
which the inmate resided immediately prior to the inmate's placement
in the institution. The diploma granted by the correctional
institution shall be signed by the director of the institution, and
by the person serving as principal of the institution's high school
and shall bear the date of issue.
(F)
(E)
Persons who are not residents of Ohio but who are inmates of
correctional institutions operated by the state or any political
subdivision thereof, and who are eligible under the minimum standards
of the director to receive a high school diploma based in whole or in
part on credits earned while an inmate of the correctional
institution, shall be granted a diploma by the correctional
institution offering the program in which the credits were earned.
The diploma granted by the correctional institution shall be signed
by the director of the institution and by the person serving as
principal of the institution's high school and shall bear the date of
issue.
(G)
(F)
The department shall provide by rule for the administration of the
assessments required by sections 3301.0710 and 3301.0712 of the
Revised Code to inmates of correctional institutions.
(H)
(G)
Any
person to whom all of the following apply shall be exempted from
attaining the applicable score on
the
assessment in social studies designated under division (B)(1) of
section 3301.0710 of the Revised Code,
any
American history end-of-course examination and any American
government end-of-course examination required under division (B) of
section 3301.0712 of the Revised Code if such an exemption is
prescribed by rule of the department under division (D)(3) of section
3301.0712 of the Revised Code
,
or the test in citizenship designated under former division (B) of
section 3301.0710 of the Revised Code as it existed prior to
September 11, 2001
:
(1)
The person is not a citizen of the United States;
(2)
The person is not a permanent resident of the United States;
(3)
The person indicates no intention to reside in the United States
after the completion of high school.
(I)
(H)
Notwithstanding division (D) of section 3311.19 and division (D) of
section 3311.52 of the Revised Code, this section and section
3313.611 of the Revised Code do not apply to the board of education
of any joint vocational school district or any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code.
(J)
(I)
Upon receipt of a notice under division (D) of section 3325.08
or
division (D) of section 3328.25
of
the Revised Code that a student has received a diploma under
either
that
section,
the board of education receiving the notice may grant a high school
diploma under this section to the student, except that such board
shall grant the student a diploma if the student meets the graduation
requirements that the student would otherwise have had to meet to
receive a diploma from the district. The diploma granted under this
section shall be of the same type the notice indicates the student
received under section 3325.08
or
3328.25
of
the Revised Code.
(K)
(J)
As used in this division, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.
Notwithstanding
division (C)(3) of section 3301.0711 of the Revised Code, no English
learner who has not
either
attained the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments required
by that division, or
met
the requirement prescribed by section 3313.618 of the Revised Code
,
shall be awarded a diploma under this section.
(L)(1)
(K)(1)
Any student described by division (A)(1) of this section who is
subject to divisions (A)(1) to (3) of section 3313.618 of the Revised
Code may be awarded a diploma without meeting the requirements
prescribed by those divisions provided an individualized education
program specifically exempts the student from meeting such
requirement. This division does not negate the requirement for a
student to take the assessments prescribed by section 3301.0710 or
under division (B) of section 3301.0712 of the Revised Code, or
alternate assessments required by division (C)(1) of section
3301.0711 of the Revised Code, for the purpose of assessing student
progress as required by federal law.
(2)
Any student described by division (A)(1) of this section who is
subject to division (B) of section 3313.618 of the Revised Code may
be awarded a diploma without meeting the requirement prescribed by
division (B)(1) of that section provided the student's individualized
education program specifically exempts the student from meeting that
requirement and either division
(L)(2)(a)
(K)(2)(a)
or (b) of this section applies to the student, as follows:
(a)(i)
The student took an alternate assessment in mathematics and English
language arts administered to the student in accordance with division
(C)(1) of section 3301.0711 of the Revised Code and failed to attain
a score established by the department on one or both assessments.
(ii)
The school district offered remedial support to the student in each
subject area in which the student did not attain the established
score and the student received that support.
(iii)
The student retook each alternate assessment in which the student did
not attain the established score and the student did not attain the
established score on the retake assessment.
(b)(i)
The student took the Algebra I and English language arts II
end-of-course examinations and failed to attain the competency score
as determined under division
(B)(10)
(B)(9)
of section 3301.0712 of the Revised Code on one or both examinations.
(ii)
The school district offered remedial support to the student in each
subject area in which the student did not attain the competency score
and the student received that support.
(iii)
The student retook each examination in which the student did not
attain the competency score and the student did not attain the
competency score on the retake examination.
Sec.
3313.611.
(A)
The department of education and workforce shall adopt, by rule,
standards for awarding high school credit equivalent to credit for
completion of high school academic and vocational education courses
to applicants for diplomas under this section. The standards may
permit high school credit to be granted to an applicant for any of
the following:
(1)
Work experiences or experiences as a volunteer;
(2)
Completion of academic, vocational, or self-improvement courses
offered to persons over the age of twenty-one by a chartered public
or nonpublic school;
(3)
Completion of academic, vocational, or self-improvement courses
offered by an organization, individual, or educational institution
other than a chartered public or nonpublic school;
(4)
Other life experiences considered by the board to provide knowledge
and learning experiences comparable to that gained in a classroom
setting.
(B)
The board of education of any city, exempted village, or local school
district that operates a high school shall grant a diploma of adult
education to any applicant if all of the following apply:
(1)
The applicant is a resident of the district;
(2)
The applicant is over the age of twenty-one and has not been issued a
diploma as provided in section 3313.61 of the Revised Code;
(3)
Subject to section 3313.614 of the Revised Code, the applicant has
met the assessment
requirements
of division (B)(3)(a) or (b) of this section, as applicable.
(a)
Prior to July 1, 2014, the applicant either:
(i)
Has attained the applicable scores designated under division (B)(1)
of section 3301.0710 of the Revised Code on all of the assessments
required by that division or was excused or exempted from any such
assessment pursuant to section 3313.532 or was exempted from
attaining the applicable score on any such assessment pursuant to
division (H) or (L) of section 3313.61 of the Revised Code;
(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(b)
On or after July 1, 2014, has met the
requirement
prescribed by section 3313.618 of the Revised Code, except and only
to the extent that the applicant is excused from some portion of that
section pursuant to section 3313.532 of the Revised Code or division
(H)
(G)
or
(L)
(K)
of section 3313.61 of the Revised Code.
(4)
The district board determines, in accordance with the standards
adopted under division (A) of this section, that the applicant has
attained sufficient high school credits, including equivalent credits
awarded under such standards, to qualify as having successfully
completed the curriculum required by the district for graduation.
(C)
If a district board determines that an applicant is not eligible for
a diploma under division (B) of this section, it shall inform the
applicant of the reason the applicant is ineligible and shall provide
a list of any courses required for the diploma for which the
applicant has not received credit. An applicant may reapply for a
diploma under this section at any time.
(D)
If a district board awards an adult education diploma under this
section, the president and treasurer of the board and the
superintendent of schools shall sign it. Each diploma shall bear the
date of its issuance, be in such form as the district board
prescribes, and be paid for from the district's general fund, except
that the department may by rule prescribe standard language to be
included on each diploma.
(E)
As used in this division, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.
Notwithstanding
division (C)(3) of section 3301.0711 of the Revised Code, no English
learner who
has
not either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or
has
not met the requirement prescribed by section 3313.618 of the Revised
Code
,
shall be awarded a diploma under this section.
Sec.
3313.612.
(A)
No nonpublic school chartered by the director of education and
workforce shall grant a high school diploma to any person unless,
subject to section 3313.614 of the Revised Code, the person has met
the assessment
requirements
of division (A)(1) or (2) of this section, as applicable.
(1)
If the person entered the ninth grade prior to July 1, 2014, the
person has attained at least the applicable scores designated under
division (B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or has satisfied the
alternative conditions prescribed in section 3313.615 of the Revised
Code.
(2)
If the person entered the ninth grade on or after July 1, 2014, the
person has met the
requirement
prescribed by section 3313.618 or 3313.619 of the Revised Code.
(B)
This section does not apply to any of the following:
(1)
Any person with regard to any assessment from which the person was
excused pursuant to division (C)(1)(c) of section 3301.0711 of the
Revised Code;
(2)
Except as provided in division (B)(4) of this section, any person who
attends a nonpublic school accredited through the independent schools
association of the central states, except for a student attending the
school under a state scholarship program as defined in section
3301.0711 of the Revised Code;
(3)
Any person with regard to
the
social studies assessment under division (B)(1) of section 3301.0710
of the Revised Code,
any
American history end-of-course examination and any American
government end-of-course examination required under division (B) of
section 3301.0712 of the Revised Code if such an exemption is
prescribed by rule of the department of education and workforce under
division (D)(3) of section 3301.0712 of the Revised Code
,
or the citizenship test under former division (B) of section
3301.0710 of the Revised Code as it existed prior to September 11,
2001
,
if all of the following apply:
(a)
The person is not a citizen of the United States;
(b)
The person is not a permanent resident of the United States;
(c)
The person indicates no intention to reside in the United States
after completion of high school.
(4)
Any person who attends a chartered nonpublic school that satisfies
the requirements of division (L)(4) of section 3301.0711 of the
Revised Code. In the case of such a student, the student's chartered
nonpublic school shall determine the student's eligibility for
graduation based on the standards of the school's accrediting body.
(C)
As used in this division, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.
Notwithstanding
division (C)(3) of section 3301.0711 of the Revised Code, no English
learner who has not
either
attained the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments required
by that division, or
met
the requirement prescribed by section 3313.618 or 3313.619 of the
Revised Code
,
shall be awarded a diploma under this section.
(D)
The department shall not impose additional requirements or
assessments for the granting of a high school diploma under this
section that are not prescribed by this section.
(E)
The department shall furnish the assessment administered by a
nonpublic school pursuant to division (B)(1) of section 3301.0712 of
the Revised Code.
Sec.
3313.614.
(A)
As used in this section, a person "fulfills the curriculum
requirement for a diploma" at the time one of the following
conditions is satisfied:
(1)
The person successfully completes the high school curriculum of a
school district, a community school, a chartered nonpublic school, or
a correctional institution.
(2)
The person successfully completes the individualized education
program developed for the person under section 3323.08 of the Revised
Code.
(3)
A board of education issues its determination under section 3313.611
of the Revised Code that the person qualifies as having successfully
completed the curriculum required by the district.
(B)
This division specifies the assessment requirements that must be
fulfilled as a condition toward granting high school diplomas under
sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised
Code.
(1)
A person who fulfills the curriculum requirement for a diploma before
September 15, 2000, is not required to pass any proficiency test or
achievement test in science as a condition to receiving a diploma.
(2)
A person who began ninth grade for the first time prior to July 1,
2003, is not required to pass the Ohio graduation test prescribed
under division (B)(1) of section 3301.0710 or any assessment
prescribed under division (B)(2) of that section in any subject as a
condition to receiving a diploma once the person has passed the ninth
grade proficiency test in the same subject, so long as the person
passed the ninth grade proficiency test prior to September 15, 2008.
However, any such person who passes the Ohio graduation test in any
subject prior to passing the ninth grade proficiency test in the same
subject shall be deemed to have passed the ninth grade proficiency
test in that subject as a condition to receiving a diploma. For this
purpose, the ninth grade proficiency test in citizenship substitutes
for the Ohio graduation test in social studies. If a person began
ninth grade prior to July 1, 2003, but does not pass a ninth grade
proficiency test or the Ohio graduation test in a particular subject
before September 15, 2008, and passage of a test in that subject is a
condition for the person to receive a diploma, the person must pass
the Ohio graduation test instead of the ninth grade proficiency test
in that subject to receive a diploma.
(3)(a)
Except as provided in division (B)(3)(b) of this section, a person
who begins ninth grade for the first time on or after July 1, 2003,
in a school district, community school, or chartered nonpublic school
is not eligible to receive a diploma based on passage of ninth grade
proficiency tests. Each such person who begins ninth grade prior to
July 1, 2014, must pass Ohio graduation tests to meet the assessment
requirements applicable to that person as a condition to receiving a
diploma or satisfy one of the conditions prescribed in division
(B)(3)(b) of this section.
(b)
A person who began ninth grade for the first time prior to July 1,
2014, shall be eligible to receive a diploma if the person meets the
requirement prescribed by section 3313.618 or 3313.619 of the Revised
Code.
(c)
A person who began ninth grade for the first time prior to July 1,
2014, and who has not attained at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the Revised
Code on all the assessments required by that division shall be
eligible to receive a diploma if the person meets the requirement
prescribed by rule of the department of education and workforce as
prescribed under division (B)(3)(d) of this section.
(d)
The department shall adopt rules prescribing the manner in which a
person who began ninth grade for the first time prior to July 1,
2014, may be eligible for a high school diploma by combining the
requirement prescribed by section 3313.618 or 3313.619 of the Revised
Code and the requirement to attain at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the Revised
Code on the assessments required by that division. The rules shall
ensure that the combined requirements require a demonstration of
mastery that is equivalent or greater to the expectations of the
assessments prescribed by division (B)(1) of section 3301.0710 of the
Revised Code. The rules shall include the following:
(i)
The date by which a person who began ninth grade for the first time
prior to July 1, 2014, may be eligible for a high school diploma
under division (B)(3)(c) of this section;
(ii)
Methods of replacing individual assessments prescribed by division
(B)(1) of section 3301.0710 of the Revised Code;
(iii)
Methods of integrating the pathways prescribed by division (A) of
section 3313.618 or section 3313.619 of the Revised Code.
(4)
Except as provided in division (B)(3)(b) of this section, a
A
person
who begins ninth grade on or after July 1, 2014, is not eligible to
receive a diploma based on passage of the Ohio graduation tests. Each
such person must meet the requirement prescribed by section 3313.618
or 3313.619 of the Revised Code.
(C)
This division specifies the curriculum requirement that shall be
completed as a condition toward granting high school diplomas under
sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised
Code.
(1)
A person who is under twenty-two years of age when the person
fulfills the curriculum requirement for a diploma shall complete the
curriculum required by the school district or school issuing the
diploma for the first year that the person originally enrolled in
high school, except for a person who qualifies for graduation from
high school under either division (D) or (F) of section 3313.603 of
the Revised Code.
(2)
Once a person fulfills the curriculum requirement for a diploma, the
person is never required, as a condition of receiving a diploma, to
meet any different curriculum requirements that take effect pending
the person's passage of proficiency tests or achievement tests or
assessments, including changes mandated by section 3313.603 of the
Revised Code, the department, a school district board of education,
or a governing authority of a community school or chartered nonpublic
school.
Sec.
3313.618.
(A)
In addition to the curriculum requirements specified by the board of
education of a school district or governing authority of a chartered
nonpublic school, each student entering ninth grade for the first
time on or after July 1, 2014, but prior to July 1, 2019, shall
satisfy at least one of the following conditions or the conditions
prescribed under division (B) of this section in order to qualify for
a high school diploma:
(1)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, on each of the
nationally standardized assessments in English, mathematics, and
reading;
(2)
Attain a score specified under division (B)(5)(c) of section
3301.0712 of the Revised Code on the end-of-course examinations
prescribed under division (B) of section 3301.0712 of the Revised
Code.
(3)
Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the department of education and workforce under division
(F) of section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential or a license issued by a state agency
or board for practice in a vocation that requires an examination for
issuance of that license.
For
the purposes of this division, the industry-recognized credentials
and licenses shall be as approved under section 3313.6113 of the
Revised Code.
A
student may choose to qualify for a high school diploma by satisfying
any of the separate requirements prescribed by divisions (A)(1) to
(3) of this section. If the student's school district or school does
not administer the examination prescribed by one of those divisions
that the student chooses to take to satisfy the requirements of this
section, the school district or school may require that student to
arrange for the applicable scores to be sent directly to the district
or school by the company or organization that administers the
examination.
(B)
In addition to the curriculum requirements specified by the district
board or school governing authority, each student entering ninth
grade for the first time on or after July 1, 2019, shall satisfy the
following conditions in order to qualify for a high school diploma:
(1)
Attain a competency score as determined under division
(B)(10)
(B)(9)
of section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of section 3301.0712 of the Revised Code.
School
districts and chartered nonpublic schools shall offer remedial
support to any student who fails to attain a competency score on one
or both of the Algebra I and English language arts II end-of-course
examinations.
Following
the first administration of the exam, if a student fails to attain a
competency score on one or both of the Algebra I and English language
arts II end-of-course examinations that student must retake the
respective examination at least once.
If
a student fails to attain a competency score on a retake examination,
the student may demonstrate competency in the failed subject area
through one of the following options:
(a)
Earn course credit taken through the college credit plus program
established under Chapter 3365. of the Revised Code in the failed
subject area;
(b)
Complete two of the following options, one of which must be
foundational:
(i)
Foundational options to demonstrate competency, which include earning
a cumulative score of proficient or higher on three or more state
technical assessments aligned with section 3313.903 of the Revised
Code in a single career pathway, obtaining an industry-recognized
credential, or group of credentials, approved under section 3313.6113
of the Revised Code that meet the criteria established under that
section to qualify for a high school diploma, obtaining a license
approved under section 3313.6113 of the Revised Code that is issued
by a state agency or board for practice in a vocation that requires
an examination for issuance of that license, completing a
pre-apprenticeship aligned with options established under section
3313.904 of the Revised Code in the student's chosen career field,
completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field, or providing evidence of acceptance
into an apprenticeship program after high school that is restricted
to participants eighteen years of age or older;
(ii)
Supporting options to demonstrate competency, which include
completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations, obtaining an
OhioMeansJobs-readiness seal under section 3313.6112 of the Revised
Code, or attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code.
(c)
Provide evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.
(d)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, in the failed
subject area on a nationally standardized assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code. For English
language arts II, a student must be remediation-free in the subjects
of English and reading on the nationally standardized assessment.
Subject
to division
(L)(2)
(K)(2)
of section 3313.61 of the Revised Code, for any students receiving
special education and related services under Chapter 3323. of the
Revised Code, the individualized education program developed for the
student under that chapter shall specify the manner in which the
student will participate in the assessments administered under this
division or an alternate assessment in accordance with division
(C)(1) of section 3301.0711 of the Revised Code.
(2)
Earn at least two of the state diploma seals prescribed under
division (A) of section 3313.6114 of the Revised Code, at least one
of which shall be any of the following:
(a)
The state seal of biliteracy established under section 3313.6111 of
the Revised Code;
(b)
The OhioMeansJobs-readiness seal established under section 3313.6112
of the Revised Code;
(c)
One of the state diploma seals established under divisions (C)(1) to
(7) of section 3313.6114 of the Revised Code.
(C)(1)
A student who transfers into an Ohio public or chartered nonpublic
high school from another state or enrolls in such a high school after
receiving home education or attending a nonchartered,
nontax-supported school in the previous school year shall meet the
requirements of division (B) or (D) of this section, as applicable,
in order to qualify for a high school diploma. However, any student
subject to division (B) of this section who transfers or enrolls
after the start of the student's twelfth grade year and fails to
attain a competency score on the Algebra I or English language arts
II end-of-course examination shall not be required to retake the
applicable examination prior to demonstrating competency in the
failed subject area under the options prescribed in divisions
(B)(1)(a) to (d) of this section.
(2)
The department shall prescribe standards that allow a transfer
student who, prior to the student's transfer, took an assessment
described in division (B)(1) or (2) of section 3301.0712 or section
3313.619 of the Revised Code to apply the score from that assessment
towards graduation requirements at the student's new public or
chartered nonpublic school.
(D)
Notwithstanding division (B) of this section, in addition to the
curriculum requirements specified by the school governing authority,
a chartered nonpublic school student subject to division
(L)(3)(a)(ii) of section 3301.0711 of the Revised Code entering ninth
grade for the first time on or after July 1, 2019, shall qualify for
a high school diploma if the student earns a remediation-free score
in the areas of English, mathematics, and reading, in accordance with
standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code. No
such student shall be required to take the Algebra I or English
language arts II end-of-course examination or earn diploma seals
under this section.
(E)
The department shall not create or require any additional assessment
for the granting of any type of high school diploma other than as
prescribed by this section. Except as provided in sections 3313.6111,
3313.6112, and 3313.6114 of the Revised Code, the department or the
director of education and workforce shall not create any endorsement
or designation that may be affiliated with a high school diploma.
Sec.
3313.6110.
(A)
A person who has completed the final year of education at home, as
authorized under section 3321.042 of the Revised Code, and has
successfully fulfilled the high school curriculum applicable to that
person may be granted a high school diploma by the person's parent,
guardian, or other person having charge or care of a child, as
defined in division (A)(1) of section 3321.01 of the Revised Code.
(B)
A person who has graduated from a nonchartered nonpublic school in
Ohio and who has successfully fulfilled that school's high school
curriculum may be granted a high school diploma by the governing
authority of that school.
(C)
Notwithstanding anything in the Revised Code to the contrary, a
diploma granted under this section shall serve as proof of the
successful completion of that person's applicable high school
curriculum and satisfactory to fulfill any legal requirement to show
such proof.
(D)
For the purposes of an application for employment, a diploma granted
under this section shall be considered proof of completion of a high
school education, regardless of whether the person to which the
diploma was granted participated in the assessments prescribed by
division
(A)(1) or (B)(1) or (2) of section
sections
3301.0710
and
section
3301.0712
of the Revised Code.
(E)
A diploma granted under division (A) of this section may include a
state seal of biliteracy, an OhioMeansJobs-readiness seal, or a state
diploma seal that may be assigned to the student's diploma, by the
parent, guardian, or other person having charge or care of the
student, in the same manner as prescribed for diplomas and
transcripts issued by school districts and chartered nonpublic
schools under sections 3313.6111, 3113.6112, and 3313.6114 of the
Revised Code.
Sec.
3313.6111.
(A)
The department of education and workforce shall establish the state
seal of biliteracy, which may be attached or affixed to the high
school transcript of a student enrolled in a public or chartered
nonpublic school. The state seal of biliteracy shall demonstrate the
attainment of a high level of proficiency by a graduate of a public
or chartered nonpublic high school in one or more languages in
addition to English, sufficient for meaningful use in college and a
career. The purpose of the state seal of biliteracy shall be to:
(1)
Encourage students to study languages;
(2)
Certify the attainment of biliteracy;
(3)
Provide employers with a method of identifying individuals with
language and biliteracy skills;
(4)
Provide institutions of higher education with an additional method to
recognize applicants for admission;
(5)
Prepare students with twenty-first century skills;
(6)
Recognize the value of foreign language and native language
instruction in public schools; and
(7)
Strengthen inter-group relationships, affirm the value of diversity,
and honor the multiple cultures and languages of a community.
(B)(1)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code,
college-preparatory
boarding school established under Chapter 3328. of the Revised Code,
or
chartered nonpublic school may attach or affix the state seal of
biliteracy to the transcript of a student enrolled in the school who
meets the requirements prescribed under division (C)(1) of this
section. A district or school shall not be required to attach or
affix the state seal of biliteracy on the transcript of a student
enrolled in the school.
(2)
Each school district, community school, STEM school,
college-preparatory
boarding school,
and
chartered nonpublic school shall maintain appropriate records to
identify students who have completed the requirements for earning a
state seal of biliteracy as prescribed under division (C)(1) of this
section, and if the district or school has a policy of attaching or
affixing the state seal of biliteracy to student transcripts, the
district or school shall make the appropriate designation on the
transcript of a student who completes the requirements.
(C)
The department shall do the following:
(1)
Establish the requirements and criteria for earning a state seal of
biliteracy, including assessments of foreign language and English
proficiency
.
;
(2)
Prepare and deliver to participating school districts, community
schools, STEM schools,
college-preparatory
boarding schools,
and
chartered nonpublic schools an appropriate mechanism for assigning a
state seal of biliteracy on a student's transcript indicating that
the student has been assigned the seal;
(3)
Provide any other information it considers necessary for school
districts, community schools, STEM schools,
college-preparatory
boarding schools,
and
chartered nonpublic schools to participate in the assigning of a
state seal of biliteracy;
(4)
Adopt rules in accordance with Chapter 119. of the Revised Code to
implement the provisions of this section.
(D)
A student shall not be charged a fee to be assigned a state seal of
biliteracy on their transcript. A student may be required to pay a
fee to demonstrate proficiency in a language, including the cost of a
standardized test to determine proficiency in a language.
(E)
As used in this section, "foreign language" refers to any
language other than English, including modern languages, Latin,
American sign language, native American languages, and native
languages.
Sec.
3313.6112.
(A)
The department of education and workforce, in consultation with the
chancellor of higher education and the governor's office of workforce
transformation, shall establish the OhioMeansJobs-readiness seal,
which may be attached or affixed to the high school diploma and
transcript of a student enrolled in a public or chartered nonpublic
school.
(B)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code,
college-preparatory
boarding school established under Chapter 3328. of the Revised Code,
or
chartered nonpublic school shall attach or affix the
OhioMeansJobs-readiness seal to the diploma and transcript of a
student enrolled in the school who meets the requirements prescribed
under division (C)(1) of this section.
(C)
The department of education and workforce, in consultation with the
chancellor and the governor's office of workforce transformation,
shall do the following:
(1)
Establish the requirements and criteria for earning an
OhioMeansJobs-readiness seal, including demonstration of
work-readiness and work ethic competencies such as teamwork,
problem-solving, reliability, punctuality, and computer technology
competency;
(2)
Develop a standardized form for students to complete and have
validated prior to graduation by at least three individuals, each of
whom must be an employer, teacher, business mentor, community leader,
faith-based leader, school leader, or coach of the student;
(3)
Prepare and deliver to all school districts, community schools, STEM
schools,
college-preparatory
boarding schools,
and
chartered nonpublic schools an appropriate mechanism for assigning an
OhioMeansJobs-readiness seal on a student's diploma and transcript
indicating that the student has been assigned the seal;
(4)
Provide any other information the department considers necessary for
school districts, community schools, STEM schools,
college-preparatory
boarding schools,
and
chartered nonpublic schools to assign an OhioMeansJobs-readiness
seal.
(D)
A student shall not be charged a fee to be assigned an
OhioMeansJobs-readiness seal on the student's diploma and transcript.
Sec.
3313.6113.
(A)
The director of education and workforce, in collaboration with the
governor's office of workforce transformation and representatives of
business organizations, shall establish a committee to develop a list
of industry-recognized credentials and licenses that may be used to
qualify for a high school diploma under section 3313.618 of the
Revised Code and shall be used for state report card purposes under
section 3302.03 of the Revised Code.
(B)
The committee shall do the following:
(1)
Establish criteria for acceptable industry-recognized credentials and
licenses aligned with the in-demand jobs list published by the
department of job and family services and other relevant demand data;
(2)
Review and update the list of industry-recognized credentials and
licenses at least biennially;
(3)
Establish the criteria under which a student may use
industry-recognized credentials to help qualify for a high school
diploma under sections 3313.618 and 3313.6114 of the Revised Code;
(4)
Update the list of industry-recognized credentials to include a
driver's license obtained by a student through a driver education
course offered by a school district in accordance with section
3301.17 of the Revised Code.
(C)
For purposes of
divisions
(B)(2)(d), (C)(2)(e), and (D)(1)(j)(v)
division
(A)(10)
of
section 3302.03 of the Revised Code, the department of education and
workforce shall include only those students who earn an
industry-recognized credential, or group of credentials, that meet
the criteria established by the committee under this section to
qualify for a high school diploma.
Sec.
3313.6114.
(A)
The department of education and workforce shall establish a system of
state diploma seals for the purposes of allowing a student to qualify
for graduation under section 3313.618 of the Revised Code. State
diploma seals may be attached or affixed to the high school diploma
of a student enrolled in a public or chartered nonpublic school. The
system of state diploma seals shall consist of all of the following:
(1)
The state seal of biliteracy established under section 3313.6111 of
the Revised Code;
(2)
The OhioMeansJobs-readiness seal established under section 3313.6112
of the Revised Code;
(3)
The state diploma seals prescribed under division (C) of this
section.
(B)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code,
college-preparatory
boarding school established under Chapter 3328. of the Revised Code,
or
chartered nonpublic school shall attach or affix the state seals
prescribed under division (C) of this section to the diploma and
transcript of a student enrolled in the district or school who meets
the requirements established under that division.
(C)
The department shall establish all of the following state diploma
seals:
(1)
An industry-recognized credential seal. A student shall meet the
requirement for this seal by doing either of the following:
(a)
Earning an industry-recognized credential, or group of credentials,
approved under section 3313.6113 of the Revised Code that meets the
criteria established under section 3313.6113 of the Revised Code to
qualify for a high school diploma and aligns to a job that is
determined to be in demand in this state and its regions under
section 6301.11 of the Revised Code.
(b)
Obtaining a license approved under section 3313.6113 of the Revised
Code that is issued by a state agency or board for practice in a
vocation that requires an examination for issuance of that license.
(2)
A college-ready seal. A student shall meet the requirement for this
seal by attaining a score that is remediation-free, in accordance
with standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code or by
attaining a passing score, as determined by the department of
education and workforce and aligned with current statewide
college-level examination program scores identified by the chancellor
of higher education, on a college-level examination program
examination.
(3)
A military seal. A student shall meet the requirement for this seal
by doing one of the following:
(a)
Providing evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code;
(b)
Participating in a junior reserve officer training program approved
by the congress of the United States under title 10 of the United
States Code;
(c)
Providing evidence that the student has accepted a scholarship to
enter the reserve officer training corps;
(d)
Providing evidence that the student has been appointed to a United
States military service academy.
(4)
A citizenship seal. A student shall meet the requirement for this
seal by doing any of the following:
(a)
Demonstrating at least a proficient level of skill as prescribed
under division (B)(5)(a) of section 3301.0712 of the Revised Code on
both the American history and American government end-of-course
examinations prescribed under division (B)(2) of section 3301.0712 of
the Revised Code;
(b)
Attaining a score level prescribed under division (B)(5)(d) of
section 3301.0712 of the Revised Code that is at least the equivalent
of a proficient level of skill in appropriate advanced placement or
international baccalaureate examinations or by attaining a passing
score, as determined by the department, on a college-level
examination program examination in lieu of the American history and
American government end-of-course examinations;
(c)
In lieu of the American history and American government end-of-course
examinations, attaining a final course grade that is the equivalent
of a "B" or higher in either:
(i)
An American history course and an American government course that are
offered by the student's high school;
(ii)
Appropriate courses taken through the college credit plus program
established under Chapter 3365. of the Revised Code.
(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the department on the
alternate assessment in social studies;
(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or who enrolls in
an Ohio public or chartered nonpublic high school after receiving
home education or attending a nonchartered, nontax-supported school
in the previous school year, attaining a final course grade that is
the equivalent of a "B" or higher in courses that
correspond with the American history and American government
end-of-course examinations and that the student completed in the
state from which the student transferred or completed while receiving
home education or attending a nonchartered, nontax-supported school.
Division (C)(4)(e) of this section does not apply to any such student
with respect to an American history or American government course for
which an end-of-course examination is associated that the student
takes after enrolling in the high school.
(5)
A science seal. A student shall meet the requirement for this seal by
doing any of the following:
(a)
Demonstrating at least a proficient level of skill as prescribed
under division (B)(5)(a) of section 3301.0712 of the Revised Code on
the science end-of-course examination prescribed under division
(B)(2) of section 3301.0712 of the Revised Code;
(b)
Attaining a score level prescribed under division (B)(5)(d) of
section 3301.0712 of the Revised Code that is at least the equivalent
of a proficient level of skill in an appropriate advanced placement
or international baccalaureate examination or by attaining a passing
score, as determined by the department, on a college-level
examination program examination in lieu of the science end-of-course
examination;
(c)
In lieu of the science end-of-course examination, attaining a final
course grade that is the equivalent of a "B" or higher in
either:
(i)
A science course listed in divisions (C)(5)(c)(i) to (iii) of section
3313.603 of the Revised Code that is offered by the student's high
school;
(ii)
An appropriate course taken through the college credit plus program
established under Chapter 3365. of the Revised Code.
(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the department on the
alternate assessment in science;
(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
education or attending a nonchartered, nontax-supported school in the
previous school year, attaining a final course grade that is the
equivalent of a "B" or higher in a course that corresponds
with the science end-of-course examination and that the student
completed in the state from which the student transferred or
completed while receiving home instruction or attending a
nonchartered, nontax-supported school. Division (C)(5)(e) of this
section does not apply to any such student who takes a science course
for which an end-of-course examination is associated after enrolling
in the high school.
(6)
An honors diploma seal. A student shall meet the requirement for this
seal by meeting the additional criteria for an honors diploma under
division (B) of section 3313.61 of the Revised Code.
(7)
A technology seal. A student shall meet the requirement for this seal
by doing any of the following:
(a)
Subject to division (B)(5)(d) of section 3301.0712 of the Revised
Code, attaining a score level that is at least the equivalent of a
proficient level of skill in an appropriate advanced placement or
international baccalaureate examination or by attaining a passing
score, as determined by the department of education and workforce and
aligned with the current statewide college-level examination program
scores identified by the chancellor of higher education, on a
college-level examination program examination;
(b)
Attaining a final course grade that is the equivalent of a "B"
or higher in an appropriate course taken through the college credit
plus program established under Chapter 3365. of the Revised Code;
(c)
Completing a course offered through the student's district or school
that meets guidelines developed by the department. However, a
district or school shall not be required to offer a course that meets
those guidelines.
(d)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
education or attending a nonchartered, nontax-supported school in the
previous school year, attaining a final course grade that is the
equivalent of a "B" or higher in an appropriate course, as
determined by the district or school, that the student completed in
the state from which the student transferred or completed while
receiving home education or attending a nonchartered,
nontax-supported school.
(8)
A community service seal. A student shall meet the requirement for
this seal by completing a community service project that is aligned
with guidelines adopted by the student's district board or school
governing authority.
(9)
A fine and performing arts seal. A student shall meet the requirement
for this seal by demonstrating skill in the fine or performing arts
according to an evaluation that is aligned with guidelines adopted by
the student's district board or school governing authority.
(10)
A student engagement seal. A student shall meet the requirement for
this seal by participating in extracurricular activities such as
athletics, clubs, or student government to a meaningful extent, as
determined by guidelines adopted by the student's district board or
school governing authority.
(D)(1)
Each district or school shall develop guidelines for at least one of
the state seals prescribed under divisions (C)(8) to (10) of this
section.
(2)
For the purposes of determining whether a student who transfers to a
district or school has satisfied the state diploma seal requirement
under division (B)(2) of section 3313.618 of the Revised Code, each
district or school shall recognize a state diploma seal prescribed
under divisions (C)(8) to (10) of this section and earned by a
student at another district or a different public or chartered
nonpublic school regardless of whether the district or school to
which the student transfers has developed guidelines under this
section for that state seal.
(3)
In guidelines developed for a state diploma seal prescribed under
divisions (C)(8) to (10) of this section, each district or school
shall include a method to give, to the extent feasible, a student who
transfers into the district or school a proportional amount of credit
for any progress the student was making toward earning that state
seal at the school district or different public or chartered
nonpublic school from which the student transfers.
(E)
Each district or school shall maintain appropriate records to
identify students who have met the requirements prescribed under
division (C) of this section for earning the state seals established
under that division.
(F)
The department shall prepare and deliver to each district or school
an appropriate mechanism for assigning a state diploma seal
established under division (C) of this section.
(G)
A student shall not be charged a fee to be assigned a state seal
prescribed under division (C) of this section on the student's
diploma and transcript.
Sec.
3313.64.
(A)
As used in this section and in section 3313.65 of the Revised Code:
(1)(a)
Except as provided in division (A)(1)(b) of this section, "parent"
means either parent, unless the parents
have never been married to each other,
are separated or divorced
,
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and
legal custodian of the child. When a child is in the legal custody of
a government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent with residual
parental rights, privileges, and responsibilities. When a child is in
the permanent custody of a government agency or a person other than
the child's natural or adoptive parent, "parent" means the
parent who was divested of parental rights and responsibilities for
the care of the child and the right to have the child live with the
parent and be the legal custodian of the child and all residual
parental rights, privileges, and responsibilities.
(b)
When a child is the subject of a power of attorney executed under
sections 3109.51 to 3109.62 of the Revised Code, "parent"
means the grandparent designated as attorney in fact under the power
of attorney. When a child is the subject of a caretaker authorization
affidavit executed under sections 3109.64 to 3109.73 of the Revised
Code, "parent" means the grandparent that executed the
affidavit.
(2)
"Legal custody," "permanent custody," and
"residual parental rights, privileges, and responsibilities"
have the same meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or "district" means a city,
local, or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4)
Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:
(a)
The home is licensed, certified, or approved for such purpose by the
state or is maintained by the department of youth services.
(b)
The home is operated by a person who is licensed, certified, or
approved by the state to operate the home for such purpose.
(c)
The home accepted the child through a placement by a person licensed,
certified, or approved to place a child in such a home by the state.
(d)
The home is a children's home created under section 5153.21 or
5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a)
A public children services agency;
(b)
An organization that holds a certificate issued by the department of
children and youth in accordance with the requirements of section
5103.03 of the Revised Code and assumes temporary or permanent
custody of children through commitment, agreement, or surrender, and
places children in family homes for the purpose of adoption;
(c)
Comparable agencies of other states or countries that have complied
with applicable requirements of section 2151.39 of the Revised Code
or as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.237
of the Revised Code.
(6)
A child is placed for adoption if either of the following occurs:
(a)
An agency to which the child has been permanently committed or
surrendered enters into an agreement with a person pursuant to
section 5103.16 of the Revised Code for the care and adoption of the
child.
(b)
The child's natural parent places the child pursuant to section
5103.16 of the Revised Code with a person who will care for and adopt
the child.
(7)
"Preschool child with a disability" has the same meaning as
in section 3323.01 of the Revised Code.
(8)
"Child," unless otherwise indicated, includes preschool
children with disabilities.
(9)
"Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the congress
of the United States, or section 5919.29 or 5923.21 of the Revised
Code.
(B)
Except as otherwise provided in section 3321.01 of the Revised Code
for admittance to kindergarten and first grade, a child who is at
least five but under twenty-two years of age and any preschool child
with a disability shall be admitted to school as provided in this
division.
(1)
A child shall be admitted to the schools of the school district in
which the child's parent resides.
(2)
Except as provided in division (B)(4) of this section or division (B)
of section 2151.362 and section 3317.30 of the Revised Code, a child
who does not reside in the district where the child's parent resides
shall be admitted to the schools of the district in which the child
resides if any of the following applies:
(a)
The child is in the legal or permanent custody of a government agency
or a person other than the child's natural or adoptive parent.
(b)
The child resides in a home.
(c)
The child requires special education.
(3)
A child who is not entitled under division (B)(2) of this section to
be admitted to the schools of the district where the child resides
and who is residing with a resident of this state with whom the child
has been placed for adoption shall be admitted to the schools of the
district where the child resides unless either of the following
applies:
(a)
The placement for adoption has been terminated.
(b)
Another school district is required to admit the child under division
(B)(1) of this section.
(4)(a)
A child who does not reside in the district where the child's parent
resides is not required to be admitted to the schools of the district
in which the child resides if both of the following apply:
(i)
The child resides in a home, or in a facility similarly licensed in
another state, and the child was placed in the home or facility by
the child's parent in consultation with, and upon the recommendation
of, the Ohio resilience through integrated systems and excellence
program for children and youth involved in multiple state systems.
(ii)
The home provides education services that meet the minimum education
standards under division (D)(2) of section 3301.07 of the Revised
Code or, in the case of a facility located in another state, meets
substantially similar requirements of the jurisdiction where the
facility is located, except that the home or facility may provide the
child with less than the minimum number of instructional hours
required only as necessary to accommodate the child's treatment
program.
(b)
Upon a child's admission to a home pursuant to division (B)(4)(a) of
this section, the home shall notify the district where the child's
parent resides and the district where the home is located that the
home is providing educational services to the child until the child
is discharged. Upon a child's admission to a facility located in
another state pursuant to division (B)(4)(a) of this section, the
facility shall notify the district where the child's parent resides
that the facility is providing educational services to the child
until the child is discharged. In either case, the district where the
child's parent resides shall continue to enroll the student as
provided in division (C)(5) of this section and shall excuse the
child from attendance until the child is discharged from the home or
facility.
(c)
Upon a child's discharge from a home or facility, the home or
facility shall notify the district where the child's parent resides.
The home or facility and the district shall collaborate on a
supportive reentry plan into school for the child.
Division
(B) of this section does not prohibit the board of education of a
school district from placing a child with a disability who resides in
the district in a special education program outside of the district
or its schools in compliance with Chapter 3323. of the Revised Code.
(C)
A district shall not charge tuition for children admitted under
division (B)(1) or (3) of this section. If the district admits a
child under division (B)(2) of this section, tuition shall be paid to
the district that admits the child as provided in divisions (C)(1) to
(3) of this section, unless division (C)(4) of this section applies
to the child:
(1)
If the child receives special education in accordance with Chapter
3323. of the Revised Code, the school district of residence, as
defined in section 3323.01 of the Revised Code, shall pay tuition for
the child in accordance with section 3323.091, 3323.13, 3323.14, or
3323.141 of the Revised Code regardless of who has custody of the
child or whether the child resides in a home.
(2)
For a child that does not receive special education in accordance
with Chapter 3323. of the Revised Code, except as otherwise provided
in division (C)(2)(d) of this section, if the child is in the
permanent or legal custody of a government agency or person other
than the child's parent, tuition shall be paid by:
(a)
The district in which the child's parent resided at the time the
court removed the child from home or at the time the court vested
legal or permanent custody of the child in the person or government
agency, whichever occurred first;
(b)
If the parent's residence at the time the court removed the child
from home or placed the child in the legal or permanent custody of
the person or government agency is unknown, tuition shall be paid by
the district in which the child resided at the time the child was
removed from home or placed in legal or permanent custody, whichever
occurred first;
(c)
If a school district cannot be established under division (C)(2)(a)
or (b) of this section, tuition shall be paid by the district
determined as required by section 2151.362 of the Revised Code by the
court at the time it vests custody of the child in the person or
government agency;
(d)
If at the time the court removed the child from home or vested legal
or permanent custody of the child in the person or government agency,
whichever occurred first, one parent was in a residential or
correctional facility or a juvenile residential placement and the
other parent, if living and not in such a facility or placement, was
not known to reside in this state, tuition shall be paid by the
district determined under division (D) of section 3313.65 of the
Revised Code as the district required to pay any tuition while the
parent was in such facility or placement;
(e)
If the department of education and workforce has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is responsible
to bear the cost of educating the child, the district so determined
shall be responsible for that cost.
(3)
If the child is not in the permanent or legal custody of a government
agency or person other than the child's parent and the child resides
in a home, tuition shall be paid by one of the following:
(a)
The school district in which the child's parent resides;
(b)
If the child's parent is not a resident of this state, the home in
which the child resides.
(4)
Division (C)(4) of this section applies to any child who is admitted
to a school district under division (B)(2) of this section, resides
in a home that is not a foster home, a home maintained by the
department of youth services, a detention facility established under
section 2152.41 of the Revised Code, or a juvenile facility
established under section 2151.65 of the Revised Code, and receives
educational services at the home or facility in which the child
resides pursuant to a contract between the home or facility and the
school district providing those services.
If
a child to whom division (C)(4) of this section applies is a special
education student, a district may choose whether to receive a tuition
payment for that child under division (C)(4) of this section or to
receive a payment for that child under section 3323.14 of the Revised
Code. If a district chooses to receive a payment for that child under
section 3323.14 of the Revised Code, it shall not receive a tuition
payment for that child under division (C)(4) of this section.
If
a child to whom division (C)(4) of this section applies is not a
special education student, a district shall receive a tuition payment
for that child under division (C)(4) of this section.
In
the case of a child to which division (C)(4) of this section applies,
the total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce, which formula shall be designed to calculate a per diem
cost for the educational services provided to the child for each day
the child is served and shall reflect the total actual cost incurred
in providing those services. The department shall certify the total
educational cost to be paid for the child to both the school district
providing the educational services and, if different, the school
district that is responsible to pay tuition for the child. The
department shall deduct the certified amount from the state basic aid
funds payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the district
providing the educational services to the child.
(5)
In the case of a child to whom division (B)(4) of this section
applies, and except as otherwise provided in division (C)(5)(f) of
this section, tuition shall be paid to the home or facility for
educational services provided to the child by the school district in
which the child's parent resides according to the following:
(a)
The total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce. The department shall design the formula to calculate a per
diem cost for the educational services provided to the child for each
day the child is served and shall reflect the total actual cost
incurred in providing those services. The department shall certify
the total educational cost to be paid for the child to both the home
or facility providing the educational services and the district that
is responsible to pay the tuition for the child. The department shall
deduct the certified amount from the state basic aid funds payable
under Chapter 3317. of the Revised Code to the district responsible
to pay tuition and shall pay that amount to the home or facility
providing the educational services to the child.
(b)
The district responsible to pay tuition shall continue to report the
child in its enrollment for purposes of section 3317.03 of the
Revised Code.
(c)
If the parent's residence changes to a different school district
while the child resides in the home or facility, the department of
education and workforce may re-determine the school district
responsible for tuition based on evidence provided by the district
currently responsible for tuition.
(d)
Upon a child's discharge from the home or facility, the home or
facility shall immediately notify the district where the child's
parent resides and the department of education and workforce. The
notification shall include a certified transcript of all coursework
completed by the child while residing in the home or facility. The
district where the child's parent resides shall accept all coursework
completed by the child while in the home or facility and shall award
credit for that coursework in accordance with district policy.
(e)
Following discharge from the home or facility and return to the
parent's residence, high school students shall meet requirements
under section 3313.618 of the Revised Code in order to qualify for a
high school diploma that are no more stringent than those that apply
to students who enroll into an Ohio public or chartered nonpublic
high school after receiving a home education under section 3321.042
of the Revised Code.
(f)
If the child is provided educational services by a chartered
nonpublic school while residing in a home and the child has been
awarded a scholarship under a state scholarship program, as defined
in section 3301.0711 of the Revised Code, no school district shall be
responsible for paying tuition under division (C)(5) of this section.
(D)
Tuition required to be paid under divisions (C)(2) and (3)(a) of this
section shall be computed in accordance with section 3317.08 of the
Revised Code. Tuition required to be paid under division (C)(3)(b) of
this section shall be computed in accordance with section 3317.081 of
the Revised Code. If a home fails to pay the tuition required by
division (C)(3)(b) of this section, the board of education providing
the education may recover in a civil action the tuition and the
expenses incurred in prosecuting the action, including court costs
and reasonable attorney's fees. If the prosecuting attorney or city
director of law represents the board in such action, costs and
reasonable attorney's fees awarded by the court, based upon the
prosecuting attorney's, director's, or one of their designee's time
spent preparing and presenting the case, shall be deposited in the
county or city general fund.
(E)
A board of education may enroll a child free of any tuition
obligation for a period not to exceed sixty days, on the sworn
statement of an adult resident of the district that the resident has
initiated legal proceedings for custody of the child.
(F)
In the case of any individual entitled to attend school under this
division, no tuition shall be charged by the school district of
attendance and no other school district shall be required to pay
tuition for the individual's attendance. Notwithstanding division
(B), (C), or (E) of this section:
(1)
All persons at least eighteen but under twenty-two years of age who
live apart from their parents, support themselves by their own labor,
and have not successfully completed the high school curriculum or the
individualized education program developed for the person by the high
school pursuant to section 3323.08 of the Revised Code, are entitled
to attend school in the district in which they reside.
(2)
Any child under eighteen years of age who is married is entitled to
attend school in the child's district of residence.
(3)
A child is entitled to attend school in the district in which either
of the child's parents is employed if the child has a medical
condition that may require emergency medical attention. The parent of
a child entitled to attend school under division (F)(3) of this
section shall submit to the board of education of the district in
which the parent is employed a statement from the child's physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner certifying that the child's medical condition may
require emergency medical attention. The statement shall be supported
by such other evidence as the board may require.
(4)
Any child residing with a person other than the child's parent is
entitled, for a period not to exceed twelve months, to attend school
in the district in which that person resides if the child's parent
files an affidavit with the superintendent of the district in which
the person with whom the child is living resides stating all of the
following:
(a)
That the parent is serving outside of the state in the armed services
of the United States;
(b)
That the parent intends to reside in the district upon returning to
this state;
(c)
The name and address of the person with whom the child is living
while the parent is outside the state.
(5)
Any child under the age of twenty-two years who, after the death of a
parent, resides in a school district other than the district in which
the child attended school at the time of the parent's death is
entitled to continue to attend school in the district in which the
child attended school at the time of the parent's death for the
remainder of the school year, subject to approval of that district
board.
(6)
A child under the age of twenty-two years who resides with a parent
who is having a new house built in a school district outside the
district where the parent is residing is entitled to attend school
for a period of time in the district where the new house is being
built. In order to be entitled to such attendance, the parent shall
provide the district superintendent with the following:
(a)
A sworn statement explaining the situation, revealing the location of
the house being built, and stating the parent's intention to reside
there upon its completion;
(b)
A statement from the builder confirming that a new house is being
built for the parent and that the house is at the location indicated
in the parent's statement.
(7)
A child under the age of twenty-two years residing with a parent who
has a contract to purchase a house in a school district outside the
district where the parent is residing and who is waiting upon the
date of closing of the mortgage loan for the purchase of such house
is entitled to attend school for a period of time in the district
where the house is being purchased. In order to be entitled to such
attendance, the parent shall provide the district superintendent with
the following:
(a)
A sworn statement explaining the situation, revealing the location of
the house being purchased, and stating the parent's intent to reside
there;
(b)
A statement from a real estate broker or bank officer confirming that
the parent has a contract to purchase the house, that the parent is
waiting upon the date of closing of the mortgage loan, and that the
house is at the location indicated in the parent's statement.
The
district superintendent shall establish a period of time not to
exceed ninety days during which the child entitled to attend school
under division (F)(6) or (7) of this section may attend without
tuition obligation. A student attending a school under division
(F)(6) or (7) of this section shall be eligible to participate in
interscholastic athletics under the auspices of that school, provided
the board of education of the school district where the student's
parent resides, by a formal action, releases the student to
participate in interscholastic athletics at the school where the
student is attending, and provided the student receives any
authorization required by a public agency or private organization of
which the school district is a member exercising authority over
interscholastic sports.
(8)
A child whose parent is a full-time employee of a city, local, or
exempted village school district, or of an educational service
center, may be admitted to the schools of the district where the
child's parent is employed, or in the case of a child whose parent is
employed by an educational service center, in the district that
serves the location where the parent's job is primarily located,
provided the district board of education establishes such an
admission policy by resolution adopted by a majority of its members.
Any such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of classes of any
school year.
(9)
A child who is with the child's parent under the care of a shelter
for victims of domestic violence, as defined in section 3113.33 of
the Revised Code, is entitled to attend school free in the district
in which the child is with the child's parent, and no other school
district shall be required to pay tuition for the child's attendance
in that school district.
The
enrollment of a child in a school district under this division shall
not be denied due to a delay in the school district's receipt of any
records required under section 3313.672 of the Revised Code or any
other records required for enrollment. Any days of attendance and any
credits earned by a child while enrolled in a school district under
this division shall be transferred to and accepted by any school
district in which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance with
this division.
(10)
Any child under the age of twenty-two years whose parent has moved
out of the school district after the commencement of classes in the
child's senior year of high school is entitled, subject to the
approval of that district board, to attend school in the district in
which the child attended school at the time of the parental move for
the remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy specifying
extenuating circumstances under which a student may continue to
attend school under division (F)(10) of this section for an
additional period of time in order to successfully complete the high
school curriculum for the individualized education program developed
for the student by the high school pursuant to section 3323.08 of the
Revised Code.
(11)
As used in this division, "grandparent" means a parent of a
parent of a child. A child under the age of twenty-two years who is
in the custody of the child's parent, resides with a grandparent, and
does not require special education is entitled to attend the schools
of the district in which the child's grandparent resides, provided
that, prior to such attendance in any school year, the board of
education of the school district in which the child's grandparent
resides and the board of education of the school district in which
the child's parent resides enter into a written agreement specifying
that good cause exists for such attendance, describing the nature of
this good cause, and consenting to such attendance.
In
lieu of a consent form signed by a parent, a board of education may
request the grandparent of a child attending school in the district
in which the grandparent resides pursuant to division (F)(11) of this
section to complete any consent form required by the district,
including any authorization required by sections 3313.712, 3313.713,
3313.716, and 3313.718 of the Revised Code. Upon request, the
grandparent shall complete any consent form required by the district.
A school district shall not incur any liability solely because of its
receipt of a consent form from a grandparent in lieu of a parent.
Division
(F)(11) of this section does not create, and shall not be construed
as creating, a new cause of action or substantive legal right against
a school district, a member of a board of education, or an employee
of a school district. This section does not affect, and shall not be
construed as affecting, any immunities from defenses to tort
liability created or recognized by Chapter 2744. of the Revised Code
for a school district, member, or employee.
(12)
A child under the age of twenty-two years is entitled to attend
school in a school district other than the district in which the
child is entitled to attend school under division (B), (C), or (E) of
this section provided that, prior to such attendance in any school
year, both of the following occur:
(a)
The superintendent of the district in which the child is entitled to
attend school under division (B), (C), or (E) of this section
contacts the superintendent of another district for purposes of this
division;
(b)
The superintendents of both districts enter into a written agreement
that consents to the attendance and specifies that the purpose of
such attendance is to protect the student's physical or mental
well-being or to deal with other extenuating circumstances deemed
appropriate by the superintendents.
While
an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised
Code and notwithstanding Chapter 3327. of the Revised Code, the board
of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the
school where the student attends.
A
student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is
attending on the same basis as any student who has always attended
the schools of that district while of compulsory school age.
(13)
All school districts shall comply with the "McKinney-Vento
Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for the
education of homeless children. Each city, local, and exempted
village school district shall comply with the requirements of that
act governing the provision of a free, appropriate public education,
including public preschool, to each homeless child.
When
a child loses permanent housing and becomes a homeless person, as
defined in 42 U.S.C.A. 11481(5), or when a child who is such a
homeless person changes temporary living arrangements, the child's
parent or guardian shall have the option of enrolling the child in
either of the following:
(a)
The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b)
The school that is operated by the school district in which the
shelter where the child currently resides is located and that serves
the geographic area in which the shelter is located.
(14)
A child under the age of twenty-two years who resides with a person
other than the child's parent is entitled to attend school in the
school district in which that person resides if both of the following
apply:
(a)
That person has been appointed, through a military power of attorney
executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993),
10 U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active duty
as a member of the national guard or a reserve unit of the armed
forces of the United States or because the parent is a member of the
armed forces of the United States and is on a duty assignment away
from the parent's residence.
(b)
The military power of attorney or comparable document includes at
least the authority to enroll the child in school.
The
entitlement to attend school in the district in which the parent's
agent under the military power of attorney or comparable document
resides applies until the end of the school year in which the
military power of attorney or comparable document expires.
(G)
A board of education, after approving admission, may waive tuition
for students who will temporarily reside in the district and who are
either of the following:
(1)
Residents or domiciliaries of a foreign nation who request admission
as foreign exchange students;
(2)
Residents or domiciliaries of the United States but not of Ohio who
request admission as participants in an exchange program operated by
a student exchange organization.
(H)
Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04,
and 3327.06 of the Revised Code, a child may attend school or
participate in a special education program in a school district other
than in the district where the child is entitled to attend school
under division (B) of this section.
(I)(1)
Notwithstanding anything to the contrary in this section or section
3313.65 of the Revised Code, a child under twenty-two years of age
may attend school in the school district in which the child, at the
end of the first full week of October of the school year, was
entitled to attend school as otherwise provided under this section or
section 3313.65 of the Revised Code, if at that time the child was
enrolled in the schools of the district but since that time the child
or the child's parent has relocated to a new address located outside
of that school district and within the same county as the child's or
parent's address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to which
the child was assigned at the end of the first full week of October
of the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the following
conditions are satisfied:
(a)
The board of education of the school district in which the child was
entitled to attend school at the end of the first full week in
October and of the district to which the child or child's parent has
relocated each has adopted a policy to enroll children described in
division (I)(1) of this section.
(b)
The child's parent provides written notification of the relocation
outside of the school district to the superintendent of each of the
two school districts.
(2)
At the beginning of the school year following the school year in
which the child or the child's parent relocated outside of the school
district as described in division (I)(1) of this section, the child
is not entitled to attend school in the school district under that
division.
(3)
Any person or entity owing tuition to the school district on behalf
of the child at the end of the first full week in October, as
provided in division (C) of this section, shall continue to owe such
tuition to the district for the child's attendance under division
(I)(1) of this section for the lesser of the balance of the school
year or the balance of the time that the child attends school in the
district under division (I)(1) of this section.
(4)
A pupil who may attend school in the district under division (I)(1)
of this section shall be entitled to transportation services pursuant
to an agreement between the district and the district in which the
child or child's parent has relocated unless the districts have not
entered into such agreement, in which case the child shall be
entitled to transportation services in the same manner as a pupil
attending school in the district under interdistrict open enrollment
as described in division (E) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section 3313.98
of the Revised Code.
(J)
This division does not apply to a child receiving special education.
A
school district required to pay tuition pursuant to division (C)(2)
or (3) of this section or section 3313.65 of the Revised Code shall
have an amount deducted under division (C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. A school district entitled to receive tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount credited under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. If the tuition rate credited to
the district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education and
workforce shall pay the district of attendance the difference from
amounts deducted from all districts' payments under division (C) of
section 3317.023 of the Revised Code but not credited to other school
districts under such division and from appropriations made for such
purpose. The treasurer of each school district shall, by the
fifteenth day of January and July, furnish the director of education
and workforce a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.
Upon
receipt of the report the director, pursuant to division (C) of
section 3317.023 of the Revised Code, shall deduct each district's
tuition obligations under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code and pay to the district of
attendance that amount plus any amount required to be paid by the
state.
(K)
In the event of a disagreement, the director of education and
workforce shall determine the school district in which the parent
resides.
(L)
Nothing in this section requires or authorizes, or shall be construed
to require or authorize, the admission to a public school in this
state of a pupil who has been permanently excluded from public school
attendance by the director pursuant to sections 3301.121 and 3313.662
of the Revised Code.
(M)
In accordance with division (B)(1) of this section, a child whose
parent is a member of the national guard or a reserve unit of the
armed forces of the United States and is called to active duty, or a
child whose parent is a member of the armed forces of the United
States and is ordered to a temporary duty assignment outside of the
district, may continue to attend school in the district in which the
child's parent lived before being called to active duty or ordered to
a temporary duty assignment outside of the district, as long as the
child's parent continues to be a resident of that district, and
regardless of where the child lives as a result of the parent's
active duty status or temporary duty assignment. However, the
district is not responsible for providing transportation for the
child if the child lives outside of the district as a result of the
parent's active duty status or temporary duty assignment.
Sec.
3313.661.
(A)
Subject to the limitations set forth in section 3313.668 of the
Revised Code, the board of education of each city, exempted village,
and local school district shall adopt a policy regarding suspension,
expulsion, removal, and permanent exclusion that specifies the types
of misconduct for which a pupil may be suspended, expelled, or
removed. The types of misconduct may include misconduct by a pupil
that occurs off of property owned or controlled by the district but
that is connected to activities or incidents that have occurred on
property owned or controlled by that district and misconduct by a
pupil that, regardless of where it occurs, is directed at a district
official or employee, or the property of such official or employee.
The policy shall specify the reasons for which the superintendent of
the district may reduce the expulsion requirement in division (B)(2)
of section 3313.66 of the Revised Code. If a board of education
adopts a resolution pursuant to division (B)(3) of section 3313.66 of
the Revised Code, the policy shall define the term "knife
capable of causing serious bodily injury" or "firearm,"
as applicable, for purposes of expulsion under that resolution and
shall specify any reasons for which the superintendent of the
district may reduce any required expulsion period on a case-by-case
basis. If a board of education adopts a resolution pursuant to
division (B)(4), (5), or (6) of section 3313.66 of the Revised Code,
the policy shall specify any reasons for which the superintendent of
the district may reduce any expulsion period on a case-by-case basis.
The policy also shall set forth the acts listed in section 3313.662
of the Revised Code for which a pupil may be permanently excluded.
The
policy adopted under this division shall specify the date and manner
by which a pupil or a pupil's parent, guardian, or custodian may
notify the board of the pupil's, parent's, guardian's, or custodian's
intent to appeal an expulsion or suspension to the board or its
designee pursuant to division (E) of section 3313.66 of the Revised
Code. In the case of any expulsion, the policy shall not specify a
date that is less than fourteen days after the date of the notice
provided to the pupil or the pupil's parent, guardian, or custodian
under division (D) of that section.
A
copy of the policy shall be posted in a central location in the
school
or on the district's web site
and made available to pupils upon request. No pupil shall be
suspended, expelled, or removed except in accordance with the policy
adopted by the board of education of the school district in which the
pupil attends school, and no pupil shall be permanently excluded
except in accordance with sections 3301.121 and 3313.662 of the
Revised Code.
(B)
A board of education may establish a program and adopt guidelines
under which a superintendent may require a pupil to perform community
service in conjunction with a suspension or expulsion imposed under
section 3313.66 of the Revised Code or in place of a suspension or
expulsion imposed under section 3313.66 of the Revised Code except
for an expulsion imposed pursuant to division (B)(2) of that section.
If a board adopts guidelines under this division, they shall permit,
except with regard to an expulsion pursuant to division (B)(2) of
section 3313.66 of the Revised Code, a superintendent to impose a
community service requirement beyond the end of the school year in
lieu of applying an expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under this
section.
(C)
The written policy of each board of education that is adopted
pursuant to section 3313.20 of the Revised Code shall be posted in a
central location in each school that is subject to the policy and
shall be made available to pupils upon request.
(D)
Except as described in division (B) of section 3313.668 of the
Revised Code, any policy, program, or guideline adopted by a board of
education under this section with regard to suspensions or expulsions
pursuant to division (A) or (B) of section 3313.66 of the Revised
Code shall apply to any student, whether or not the student is
enrolled in the district, attending or otherwise participating in any
curricular program provided in a school operated by the board or
provided on any other property owned or controlled by the board.
(E)
If a board of education adopts a resolution pursuant to division
(B)(6) of section 3313.66 of the Revised Code, the board shall
establish guidelines for appropriate conditions that the
superintendent may develop pursuant to division (B)(6) of section
3313.66 of the Revised Code.
(F)
The district superintendent shall develop a list of alternative
educational options for pupils who are expelled under division (B)(6)
of section 3313.66 of the Revised Code.
(G)
As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
Sec.
3313.663.
(A)
The board of education of a city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy requiring the parent or guardian of any student who is
suspended or expelled by the district under section 3313.66 of the
Revised Code to attend a parental education or training program
provided by the district.
(B)
The board of education of a city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy requiring the parent or guardian of any student of the
district who is truant or habitually absent from school to attend a
parental education or training program provided by the district. The
policy shall specify what constitutes truancy and habitual absence
for purposes of the policy.
(C)
If a board of education adopts a policy under this section, the board
shall post the policy in a central location in each school building
of the district
or on the district's web site
and make it available to students and their parents or guardians upon
request.
Sec.
3313.664.
The
board of education of a city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy authorizing the district superintendent, other district
administrative personnel, or personnel employed by the district to
direct, supervise, or coach a pupil activity program as provided in
the policy to prohibit a student from participating in any particular
or all extracurricular activities of the district or a school of the
district for a period of time as provided in the policy. If a board
of education adopts a policy under this section, the board shall post
the policy in a central location in each school building of the
district
or on the district's web site
and make it available to students upon request.
Sec.
3313.6611.
Each
local, city, exempted village, joint vocational school district,
community school established under Chapter 3314.,
and
STEM
school established under Chapter 3326.
,
and college-preparatory boarding school established under Chapter
3328.
of the Revised Code may designate a student-led violence prevention
club for each school building in the district or school serving
grades six through twelve. If created, each club shall do the
following:
(A)
Be open to all members of the student body;
(B)
Have at least one identified adult advisor;
(C)
Implement and sustain suicide and violence prevention and social
inclusion training and awareness activities in a manner consistent
with section 3301.221 of the Revised Code;
(D)
Foster opportunities for student leadership development.
Sec.
3313.7112.
(A)
As used in this section:
(1)
"Board of education" means a board of education of a city,
local, exempted village, or joint vocational school district.
(2)
"Governing authority" means a governing authority of a
chartered nonpublic school.
(3)
"Licensed health care professional" means any of the
following:
(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;
(c)
A physician assistant licensed under Chapter 4730. of the Revised
Code.
(4)
"Local health department" means a department operated by a
board of health of a city or general health district or the authority
having the duties of a board of health as described in section
3709.05 of the Revised Code.
(5)
"School employee" or "employee" means either of
the following:
(a)
A person employed by a board of education or governing authority;
(b)
A licensed health care professional employed by or under contract
with a local health department who is assigned to a school in a city,
local, exempted village, or joint vocational school district or a
chartered nonpublic school.
(6)
"Treating practitioner" means any of the following who has
primary responsibility for treating a student's diabetes and has been
identified as such by the student's parent, guardian, or other person
having care or charge of the student or, if the student is at least
eighteen years of age, by the student:
(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
(b)
An advanced practice registered nurse who holds a current, valid
license to practice nursing as an advanced practice registered nurse
issued under Chapter 4723. of the Revised Code and is designated as a
clinical nurse specialist or certified nurse practitioner in
accordance with section 4723.42 of the Revised Code;
(c)
A physician assistant who holds a license issued under Chapter 4730.
of the Revised Code, holds a valid prescriber number issued by the
state medical board, and has been granted physician-delegated
prescriptive authority.
(7)
"504 plan" means a plan based on an evaluation conducted in
accordance with section 504 of the "Rehabilitation Act of 1973,"
29 U.S.C. 794, as amended.
(B)(1)
Each board of education or governing authority shall ensure that each
student enrolled in the school district or chartered nonpublic school
who has diabetes receives appropriate and needed diabetes care in
accordance with an order signed by the student's treating
practitioner. The diabetes care to be provided includes any of the
following:
(a)
Checking and recording blood glucose levels and ketone levels or
assisting the student with checking and recording these levels;
(b)
Responding to blood glucose levels that are outside of the student's
target range;
(c)
In the case of severe hypoglycemia, administering glucagon and other
emergency treatments as prescribed;
(d)
Administering insulin or assisting the student in self-administering
insulin through the insulin delivery system the student uses;
(e)
Providing oral diabetes medications;
(f)
Understanding recommended schedules and food intake for meals and
snacks in order to calculate medication dosages pursuant to the order
of the student's treating practitioner;
(g)
Following the treating practitioner's instructions regarding meals,
snacks, and physical activity;
(h)
Administering diabetes medication, as long as the conditions
prescribed in division (C) of this section are satisfied.
(2)
Not later than fourteen days after receipt of an order signed by the
treating practitioner of a student with diabetes, the board of
education or governing authority shall inform the student's parent,
guardian, or other person having care or charge of the student that
the student may be entitled to a 504 plan regarding the student's
diabetes. The department of education and workforce shall develop a
504 plan information sheet for use by a board of education or
governing authority when informing a student's parent, guardian, or
other person having care or charge of the student that the student
may be entitled to a 504 plan regarding the student's diabetes.
(C)
Notwithstanding division (B) of section 3313.713 of the Revised Code
or any other provision of the Revised Code, diabetes medication may
be administered under this section by a school nurse or, in the
absence of a school nurse, a school employee who is trained in
diabetes care under division (E) of this section. Medication
administration may be provided under this section only when the
conditions prescribed in division (C) of section 3313.713 of the
Revised Code are satisfied.
Notwithstanding
division (D) of section 3313.713 of the Revised Code, medication that
is to be administered under this section may be kept in an easily
accessible location.
(D)(1)
The department of education and workforce shall adopt nationally
recognized guidelines, as determined by the department, for the
training of school employees in diabetes care for students. In doing
so, the department shall consult with the department of health, the
American diabetes association, and the Ohio school nurses
association. The department may consult with any other organizations
as determined appropriate by the department.
(2)
The guidelines shall address all of the following issues:
(a)
Recognizing the symptoms of hypoglycemia and hyperglycemia;
(b)
The appropriate treatment for a student who exhibits the symptoms of
hypoglycemia or hyperglycemia;
(c)
Recognizing situations that require the provision of emergency
medical assistance to a student;
(d)
Understanding the appropriate treatment for a student, based on an
order issued by the student's treating practitioner, if the student's
blood glucose level is not within the target range indicated by the
order;
(e)
Understanding the instructions in an order issued by a student's
treating practitioner concerning necessary medications;
(f)
Performing blood glucose and ketone tests for a student in accordance
with an order issued by the student's treating practitioner and
recording the results of those tests;
(g)
Administering insulin, glucagon, or other medication to a student in
accordance with an order issued by the student's treating
practitioner and recording the results of the administration;
(h)
Understanding the relationship between the diet recommended in an
order issued by a student's treating practitioner and actions that
may be taken if the recommended diet is not followed.
(E)(1)
To ensure that a student with diabetes receives the diabetes care
specified in division (B) of this section, a board of education or
governing authority may provide training that complies with the
guidelines developed under division (D) of this section to a school
employee at each school attended by a student with diabetes. With
respect to any training provided, all of the following apply:
(a)
The training shall be coordinated by a school nurse or, if the school
does not employ a school nurse, a licensed health care professional
with expertise in diabetes who is approved by the school to provide
the training.
(b)
The training shall take place prior to the beginning of each school
year or, as needed, not later than fourteen days after receipt by the
board of education or governing authority of an order signed by the
treating practitioner of a student with diabetes.
(c)
On completion of the training, the board of education or governing
authority, in a manner it determines, shall determine whether each
employee trained is competent to provide diabetes care.
(d)
The school nurse or approved licensed health care professional with
expertise in diabetes care shall promptly provide all necessary
follow-up training and supervision to an employee who receives
training.
(2)
The principal of a school attended by a student with diabetes or
another school official authorized to act on behalf of the principal
may distribute a written notice to each employee containing all of
the following:
(a)
A statement that the school is required to provide diabetes care to a
student with diabetes and is seeking employees who are willing to be
trained to provide that care;
(b)
A description of the tasks to be performed;
(c)
A statement that participation is voluntary and that the school
district or governing authority will not take action against an
employee who does not agree to provide diabetes care;
(d)
A statement that training will be provided by a licensed health care
professional to an employee who agrees to provide care;
(e)
A statement that a trained employee is immune from liability under
division (J) of this section;
(f)
The name of the individual who should be contacted if an employee is
interested in providing diabetes care.
(3)
No employee of a board of education or governing authority shall be
subject to a penalty or disciplinary action under school or district
policies for refusing to volunteer to be trained in diabetes care.
(4)
No board or governing authority shall discourage employees from
agreeing to provide diabetes care under this section.
(F)
A board of education or governing authority may provide training in
the recognition of hypoglycemia and hyperglycemia and actions to take
in response to emergency situations involving these conditions to
both of the following:
(1)
A school employee who has primary responsibility for supervising a
student with diabetes during some portion of the school day;
(2)
A bus driver employed by a school district or chartered nonpublic
school responsible for the transportation of a student with diabetes.
(G)
A student with diabetes shall be permitted to attend the school the
student would otherwise attend if the student did not have diabetes
and the diabetes care specified in division (B) of this section shall
be provided at the school. A board of education or governing
authority shall not restrict a student who has diabetes from
attending the school on the basis that the student has diabetes, that
the school does not have a full-time school nurse, or that the school
does not have an employee trained in diabetes care. The school shall
not require or pressure a parent, guardian, or other person having
care or charge of a student to provide diabetes care for the student
with diabetes at school or school-related activities.
(H)(1)
Notwithstanding section 3313.713 of the Revised Code or any policy
adopted under that section and except as provided in division (H)(2)
of this section, on written request of the parent, guardian, or other
person having care or charge of a student and authorization by the
student's treating practitioner, a student with diabetes shall be
permitted during regular school hours and school-sponsored activities
to attend to the care and management of the student's diabetes in
accordance with the order issued by the student's treating
practitioner if the student's treating practitioner determines that
the student is capable of performing diabetes care tasks. The student
shall be permitted to perform diabetes care tasks in a classroom, in
any area of the school or school grounds, and at any school-related
activity, and to possess on the student's self at all times all
necessary supplies and equipment to perform these tasks. If the
student or the parent, guardian, or other person having care or
charge of the student so requests, the student shall have access to a
private area for performing diabetes care tasks.
(2)
If the student performs any diabetes care tasks or uses medical
equipment for purposes other than the student's own care, the board
of education or governing authority may revoke the student's
permission to attend to the care and management of the student's
diabetes.
(I)(1)
Notwithstanding any other provision of the Revised Code to the
contrary, a licensed health care professional shall be permitted to
provide training to a school employee under division (E) of this
section or to supervise the employee in performing diabetes care
tasks.
(2)
Nothing in this section diminishes the rights of eligible students or
the obligations of school districts or governing authorities under
the "Individuals with Disabilities Education Act," 20
U.S.C. 1400 et seq., section 504 of the "Rehabilitation Act,"
29 U.S.C. 794, or the "Americans with Disabilities Act," 42
U.S.C. 12101 et seq.
(J)(1)
A school or school district, a member of a board or governing
authority, or a district or school employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from providing care or performing duties under this
section unless the act or omission constitutes willful or wanton
misconduct.
This
section does not eliminate, limit, or reduce any other immunity or
defense that a school or school district, member of a board of
education or governing authority, or district or school employee may
be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.
(2)
A school employee shall not be subject to disciplinary action under
school or district policies for providing care or performing duties
under this section.
(3)
A school nurse or other licensed health care professional shall be
immune from disciplinary action by the board of nursing or any other
regulatory board for providing care or performing duties under this
section if the care provided or duties performed are consistent with
applicable professional standards.
(K)(1)
Not later than the last day of December of each year, a board of
education or governing authority shall report to the department of
education and workforce both of the following:
(a)
The number of students with diabetes enrolled in the school district
or chartered nonpublic school during the previous school year;
(b)
The number of errors associated with the administration of diabetes
medication to students with diabetes during the previous school year.
(2)
Not later than the last day of March of each year, the department
shall issue a report summarizing the information received by the
department under division (K)(1) of this section for the previous
school year. The department shall make the report available on its
internet web site.
Sec.
3313.7118.
Each
public school, as defined in section 3301.28 of the Revised Code,
school district, other public school as defined in section 3301.0711
of the Revised Code, educational service center,
and chartered nonpublic school that serves elementary school students
shall provide either an electronic or paper copy of the informational
materials described in section 3707.61 of the Revised Code to each
student's parent or guardian on the student's enrollment in
elementary school.
Sec.
3313.753.
(A)
As used in this section:
(1)
"Electronic communications device" means any device that is
powered by batteries or electricity and that is capable of receiving,
transmitting, or receiving and transmitting communications between
two or more persons or a communication from or to a person.
(2)
"School" means any school that is operated by a board of
education of a city, local, exempted village, or joint vocational
school district.
(3)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted.
(4)
"School grounds or premises" means either of the following:
(a)
The parcel of real property on which any school building is situated;
(b)
Any other parcel of real property that is owned or leased by a board
of education and on which some of the instruction, extracurricular
activities, or training of the school is conducted.
(B)
The board of education of any city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy prohibiting students from carrying an electronic
communications device in any school building or on any school grounds
or premises of the district. The policy may provide for exceptions to
this prohibition as specified in the policy. The policy shall specify
any disciplinary measures that will be taken for violation of this
prohibition.
If
a board of education adopts a policy under this division, the board
shall post the policy in a central location in each school building
or on the district's web site
and make it available to students and parents upon request.
(C)(1)
Not later than January 1, 2026, each school district board of
education shall adopt a policy governing the use of cellular
telephones by students during school hours. The policy shall prohibit
all cellular telephone use by students during the instructional day,
except as described in division (C)(2) of this section or if
permitted under the building's comprehensive emergency management
plan adopted under section 5502.262 of the Revised Code.
(2)
If determined appropriate by the district board, or if included in a
student's individualized education program developed under Chapter
3323. of the Revised Code or plan developed under section 504 of the
"Rehabilitation Act of 1973," 29 U.S.C. 794, students may
use cellular telephones or other electronic communications devices
for student learning or to monitor or address a health concern.
A
district board shall permit a student to use a cellular telephone or
other electronic communications device to monitor or address a health
concern if the board receives a written statement from the student's
physician requiring such use.
(D)
Any district board that adopts a policy that prohibits all cellular
telephone use by students shall be considered to have met the
requirements in division (C) of this section.
(E)
Any district board that adopts a policy that meets the requirements
prescribed in division (C) of this section prior to
the
effective date of this amendment
September
30, 2025
,
shall be considered to have met the requirement to adopt a policy
under this section.
(F)
Each district board that adopts a policy under this section after
the
effective date of this amendment
September
30, 2025
,
shall do so at a public meeting of the board.
(G)
Each district board shall make any policy it adopts under this
section publicly available and post it prominently on its publicly
accessible web site, if it has one.
Sec.
3313.814.
(A)
As used in this section and sections 3313.816 and 3313.817 of the
Revised Code:
(1)
"A la carte item" means an individually priced food or
beverage item that is available for sale to students through any of
the following:
(a)
A school food service program;
(b)
A vending machine located on school property;
(c)
A store operated by the school, a student association, or other
school-sponsored organization.
"A
la carte item" does not include any food or beverage item
available for sale in connection with a school-sponsored fundraiser
held outside of the regular school day, any other school-sponsored
event held outside of the regular school day, or an interscholastic
athletic event. "A la carte item" also does not include any
food or beverage item that is part of a reimbursable meal and that is
available for sale as an individually priced item in a serving
portion of the same size as in the reimbursable meal, regardless of
whether the food or beverage item is included in the reimbursable
meal served on a particular school day.
(2)
"Added sweeteners" means any additives that enhance the
sweetness of a beverage, including processed sugar. "Added
sweeteners" do not include any natural sugars found in fruit
juices that are a component of the beverage.
(3)
"Extended school day" means the period before and after the
regular school day during which students participate in
school-sponsored extracurricular activities, latchkey programs as
defined in section 3313.207 of the Revised Code, or other academic or
enrichment programs.
(4)
"Regular school day" means the period each school day
between the designated arrival time for students and the end of the
final instructional period.
(5)
"Reimbursable meal" means a meal that is provided to
students through a school breakfast or lunch program established
under the "National School Lunch Act," 60 Stat. 230 (1946),
42 U.S.C. 1751, as amended, and the "Child Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, and that meets
the criteria for reimbursement established by the United States
department of agriculture.
(6)
"School food service program" means a school food service
program operated under section 3313.81 or 3313.813 of the Revised
Code.
(B)
Each school district board of education and each chartered nonpublic
school governing authority shall adopt and enforce nutrition
standards governing the types of food and beverages that may be sold
on the premises of its schools, and specifying the time and place
each type of food or beverage may be sold.
(1)
In adopting the standards, the board or governing authority shall do
all of the following:
(a)
Consider the nutritional value of each food or beverage;
(b)
Consult with a dietitian licensed under Chapter 4759. of the Revised
Code, a dietetic technician registered by the commission on dietetic
registration, or a school nutrition specialist certified or
credentialed by the school nutrition association. The person with
whom the board or governing authority consults may be an employee of
the board or governing authority, a person contracted by the board or
governing authority, or a volunteer, provided the person meets the
requirements of this division.
(c)
Consult the dietary guidelines for Americans jointly developed by the
United States department of agriculture and the United States
department of health and human services and, to the maximum extent
possible, incorporate the guidelines into the standards.
(2)
No food or beverage may be sold on any school premises except in
accordance with the standards adopted by the board or governing
authority.
(3)
The standards shall comply with sections 3313.816 and 3313.817 of the
Revised Code, but nothing in this section shall prohibit the
standards from being more restrictive than otherwise required by
those sections.
(C)
The nutrition standards adopted under this section shall prohibit the
placement of vending machines in any classroom where students are
provided instruction, unless the classroom also is used to serve
students meals. This division does not apply to vending machines that
sell only milk, reimbursable meals, or food and beverage items that
are part of a reimbursable meal and are available for sale as
individually priced items in serving portions of the same size as in
the reimbursable meal.
(D)
Each board or governing authority shall designate staff to be
responsible for ensuring that the school district or school meets the
nutrition standards adopted under this section. The staff shall
prepare an annual report regarding the district's or school's
compliance with the standards
and include it in the report to the department of education and
workforce prescribed in section 3301.68 of the Revised Code
.
The board or governing authority annually shall schedule a
presentation on the nutrition standards report at one of its regular
meetings. Each district or school shall make copies of the nutrition
standards report available to the public upon request.
(E)
The department of education and workforce shall formulate and adopt
guidelines, which boards of education and chartered nonpublic schools
may follow in enforcing and implementing this section.
Sec.
3313.902.
(A)
As used in this section:
(1)
"Competency-based educational program" means any system of
academic instruction, assessment, grading, and reporting in which
individuals receive credit based on demonstrations and assessments of
their learning rather than the amount of time they spend studying a
subject. A competency-based educational program shall encourage
accelerated learning among individuals who master academic materials
quickly while providing additional instructional support time for
individuals who need it.
(2)
"Eligible individual" means an individual who satisfies all
of the following criteria:
(a)
The individual is at least eighteen years of age.
(b)
The individual is officially withdrawn from school.
(c)
The individual has not been awarded a high school diploma or a
certificate of high school equivalence as defined in section 4109.06
of the Revised Code.
(3)
"Eligible provider" means a city, local, or exempted
village school district that operates a dropout prevention and
recovery program, the buckeye united school district operated by the
department of youth services, the Ohio central school system
established under section 5145.06 of the Revised Code, or a joint
vocational school district that operates an adult education program.
(4)
"Ohio technical center" has the same meaning as in section
3333.94 of the Revised Code.
(B)
An eligible provider may establish a competency-based educational
program that complies with standards adopted by the department of
education and workforce and may enroll eligible individuals in the
program for up to three consecutive school years for the purpose of
earning a high school diploma. The provider shall establish a career
plan for each individual enrolled in the program that specifies the
individual's career goals and describes how the individual will
demonstrate competency or earn course credits under division (C) of
this section to earn a diploma and attain the individual's career
goals.
(C)
Notwithstanding sections 3313.61, 3313.611, 3313.613, 3313.614,
3313.618, and 3313.619 of the Revised Code, the department shall
award a high school diploma to an individual enrolled in a program
under division (B) of this section who meets either of the following
conditions:
(1)
The individual demonstrates competency by completing at least three
of the following activities, at least one of which shall be the
activity described in division (C)(1)(a) or (b) of this section:
(a)
Attaining a competency score as determined under division
(B)(10)
(B)(9)
of section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of that section;
(b)
Attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code;
(c)
Obtaining an industry-recognized credential, or group of credentials,
in a single career field that meet the criteria established under
section 3313.6113 of the Revised Code to qualify for a high school
diploma or earning an industry-recognized credential that is aligned
to a technical education program provided by an Ohio technical
center;
(d)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;
(e)
Doing either of the following:
(i)
Completing a pre-apprenticeship program aligned with options
established under section 3313.904 of the Revised Code in the
individual's chosen career field and providing evidence of acceptance
into a registered apprenticeship program in that career field;
(ii)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
individual's chosen career field.
(f)
Completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations;
(g)
Obtaining an OhioMeansJobs-readiness seal under section 3313.6112 of
the Revised Code.
(2)
The individual demonstrates competency by completing at least two of
the activities described in divisions (C)(1)(a) to (g) of this
section and earns course credits distributed as follows:
(a)
English language arts, four credits;
(b)
Mathematics, four credits. One credit may be a career-based
mathematics course aligned to the individual's career plan developed
under division (B) of this section.
(c)
Science, three credits;
(d)
Social studies, three credits;
(e)
Financial literacy, one-half credit. The one-half credit of financial
literacy may be applied toward the number of mathematics or social
studies credits required under division (C)(2) of this section.
(D)
An eligible provider shall report each individual enrolled in a
program under division (B) of this section to the department. The
department annually shall certify the enrollment and attendance of
each individual reported under this division and shall pay the
provider up to $7,500 for each such individual per school year, as
determined by the department based on the extent of the individual's
successful completion of the diploma requirements prescribed in
division (C) of this section.
(E)
Notwithstanding anything in this section to the contrary, an eligible
provider may request that the department allow an eligible individual
to enroll in a program under division (B) of this section for more
than three consecutive school years due to a hardship experienced by
the individual that necessitates additional time to meet the diploma
requirements prescribed in division (C) of this section.
(F)
An eligible individual shall not be assigned to classes or settings
with individuals who are younger than eighteen years of age.
(G)
Each eligible provider shall contact each individual to whom a
diploma is awarded under this section to collect data on the
individual's career and educational outcomes at six months, twelve
months, and eighteen months after the awarding of the diploma. At
each time of contact, the provider shall request information
regarding whether the individual is gainfully employed, participating
in an apprenticeship, enrolled in postsecondary education, or serving
in the military. The provider shall report the data collected to the
department in the manner determined by the department.
(H)
The department shall adopt rules as necessary to administer this
section. The rules may include all of the following:
(1)
Standards for competency-based educational programs;
(2)
Standards for applying an individual's work or life experiences
toward the requirements of division (C) of this section;
(3)
Requirements for determining the amount paid to providers under
division (D) of this section;
(4)
Guidelines for approving or denying a hardship request made under
division (E) of this section.
Sec.
3314.016.
This
section applies to any entity that sponsors a community school,
regardless of whether section 3314.021 or 3314.027 of the Revised
Code exempts the entity from the requirement to be approved for
sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of
the Revised Code. The office of Ohio school sponsorship established
under section 3314.029 of the Revised Code shall be rated under
division (B) of this section, but divisions (A) and (C) of this
section do not apply to the office.
(A)
An entity that sponsors a community school shall be permitted to
enter into contracts under section 3314.03 of the Revised Code to
sponsor additional community schools only if the entity meets all of
the following criteria:
(1)
The entity is in compliance with all provisions of this chapter
requiring sponsors of community schools to report data or information
to the department of education and workforce.
(2)
The entity is not rated as "ineffective" under division
(B)(5) of this section.
(3)
Except as set forth in sections 3314.021 and 3314.027 of the Revised
Code, the entity has received approval from and entered into an
agreement with the department pursuant to section 3314.015 of the
Revised Code.
(B)(1)
The department shall develop and implement an evaluation system that
annually rates and assigns an overall rating to each entity that
sponsors a community school. The department, not later than the first
day of February of each year, shall post on the department's web site
the framework for the evaluation system, including technical
documentation that the department intends to use to rate sponsors for
the next school year. The department shall solicit public comment on
the evaluation system for thirty consecutive days. Not later than the
first day of April of each year, the department shall compile and
post on the department's web site all public comments that were
received during the public comment period. The evaluation system
shall be posted on the department's web site by the fifteenth day of
July of each school year. Any changes to the evaluation system after
that date shall take effect the following year. The evaluation system
shall be based on the following components:
(a)
Academic performance of students enrolled in community schools
sponsored by the same entity. The academic performance component
shall be derived from the performance measures prescribed for the
state report cards under section 3302.03 or 3314.017 of the Revised
Code, and shall be based on the performance of the schools for the
school year for which the evaluation is conducted. In addition to the
academic performance for a specific school year, the academic
performance component shall also include year-to-year changes in the
overall sponsor portfolio. For a community school for which no graded
performance measures are applicable or available, the department
shall use nonreport card performance measures specified in the
contract between the community school and the sponsor under division
(A)(4) of section 3314.03 of the Revised Code.
(b)
Adherence by a sponsor to the quality practices prescribed by the
department under division (B)(3) of this section.
(c)
Compliance with all applicable laws and administrative rules by an
entity that sponsors a community school.
Under
the evaluation system prescribed under division (B)(1) of this
section, the department shall not assign an overall rating of
"ineffective" or lower to an entity that sponsors a
community school solely because that entity received no points on one
of the components prescribed under that division.
(2)
In calculating an academic performance component, the department
shall exclude all community schools that have been in operation for
not more than two full school years, all community schools whose
contracts were not renewed or terminated by the sponsor pursuant to
section 3314.07 of the Revised Code before the evaluation, and all
community schools described in division (B)(2) of section 3314.35 of
the Revised Code. However, the academic performance of the community
schools described in division (B)(2) of section 3314.35 of the
Revised Code shall be reported, but shall not be used as a factor
when determining a sponsoring entity's rating under this section.
(3)
The department, in consultation with entities that sponsor community
schools, shall prescribe quality practices for community school
sponsors and develop an instrument to measure adherence to those
quality practices. The quality practices shall be based on standards
developed by the national association of charter school authorizers
or any other nationally organized community school organization.
(4)
The director of education and workforce shall adopt rules in
accordance with Chapter 119. of the Revised Code prescribing
standards for measuring compliance with applicable laws and rules
under division (B)(1)(c) of this section.
(5)
The department annually shall rate all entities that sponsor
community schools as either "exemplary," "effective,"
"ineffective," or "poor," based on the components
prescribed by division (B) of this section, where each component is
weighted equally. A separate rating shall be given by the department
for each component of the evaluation system.
The
department shall publish the ratings between the first day of October
and the fifteenth day of November.
Prior
to the publication of the final ratings, the department shall
designate and provide notice of a period of at least ten business
days during which each sponsor may review the information used by the
department to determine the sponsor's rating on the components
prescribed by division (B)(1) of this section. If the sponsor
believes there is an error in the department's evaluation, the
sponsor may request adjustments to the rating of any of those
components based on documentation previously submitted as part of an
evaluation. The sponsor shall provide to the department any necessary
evidence or information to support the requested adjustments. The
department shall review the evidence and information, determine
whether an adjustment is valid, and promptly notify the sponsor of
its determination and reasons. If any adjustments to the data could
result in a change to the rating on the applicable component or to
the overall rating, the department shall recalculate the ratings
prior to publication.
The
department shall provide training on an annual basis regarding the
evaluation system prescribed under this section. The training shall,
at a minimum, describe methodology, timelines, and data required for
the evaluation system. The first training session shall occur not
later than March 2, 2016. Beginning in 2018, the training shall be
made available to each entity that sponsors a community school by the
fifteenth day of July of each year and shall include guidance on any
changes made to the evaluation system.
(6)(a)
Entities with an overall rating of "exemplary" may take
advantage of the following incentives:
(i)
Renewal of the written agreement with the department, not to exceed
ten years, provided that the entity consents to continued evaluation
of adherence to quality practices as described in division (B)(1)(b)
of this section;
(ii)
The ability to extend the term of the contract between the sponsoring
entity and the community school beyond the term described in the
written agreement with the department;
(iii)
An exemption from the preliminary agreement and contract adoption and
execution deadline requirements prescribed in division (D) of section
3314.02 of the Revised Code;
(iv)
An exemption from the automatic contract expiration requirement,
should a new community school fail to open by the thirtieth day of
September of the calendar year in which the community school contract
is executed;
(v)
No limit on the number of community schools the entity may sponsor;
(vi)
No territorial restrictions on sponsorship.
An
entity may continue to sponsor any community schools with which it
entered into agreements under division (B)(6)(a)(v) or (vi) of this
section while rated "exemplary," notwithstanding the fact
that the entity later receives a lower overall rating.
(b)
Entities with an overall rating of "exemplary" shall not be
evaluated by the department for five full school years following the
school year for which the entity received the "exemplary"
rating. Entities with an overall rating of "effective"
shall not be evaluated by the department for three full school years
following the school year for which the entity received the
"effective" rating.
(c)(i)
Entities that receive an overall rating of "ineffective"
shall be prohibited from sponsoring any new or additional community
schools during the time in which the sponsor is rated as
"ineffective" and shall be subject to a quality improvement
plan based on correcting the deficiencies that led to the
"ineffective" rating, with timelines and benchmarks that
have been established by the department.
(ii)
Entities that receive an overall rating of "ineffective" on
their three most recent ratings shall have all sponsorship authority
revoked. Within thirty days after receiving its third rating of
"ineffective," the entity may appeal the revocation of its
sponsorship authority to the director, who shall appoint an
independent hearing officer to conduct a hearing in accordance with
Chapter 119. of the Revised Code. The hearing shall be conducted
within thirty days after receipt of the notice of appeal. Within
forty-five days after the hearing is completed, the director shall
determine whether the revocation is appropriate based on the hearing
conducted by the independent hearing officer, and if determined
appropriate, the revocation shall be confirmed.
(d)
Entities that receive an overall rating of "poor" shall
have all sponsorship authority revoked. Within thirty days after
receiving a rating of "poor," the entity may appeal the
revocation of its sponsorship authority to the director, who shall
appoint an independent hearing officer to conduct a hearing in
accordance with Chapter 119. of the Revised Code. The hearing shall
be conducted within thirty days after receipt of the notice of
appeal. Within forty-five days after the hearing is completed, the
director shall determine whether the revocation is appropriate based
on the hearing conducted by the independent hearing officer, and if
determined appropriate, the revocation shall be confirmed.
(7)
For the 2014-2015 school year and each school year thereafter,
student academic performance prescribed under division (B)(1)(a) of
this section shall include student academic performance data from
dropout prevention and recovery community schools.
(8)
The department shall publish annually academic performance data for
each sponsor in accordance with division (B)(1)(a) of this section,
regardless of whether the sponsor is being evaluated under this
section for that school year.
(C)
If the governing authority of a community school enters into a
contract with a sponsor prior to the date on which the sponsor is
prohibited from sponsoring additional schools under division (A) of
this section and the school has not opened for operation as of that
date, that contract shall be void and the school shall not open until
the governing authority secures a new sponsor by entering into a
contract with the new sponsor under section 3314.03 of the Revised
Code. However, the department's office of Ohio school sponsorship,
established under section 3314.029 of the Revised Code, may assume
the sponsorship of the school until the earlier of the expiration of
two school years or until a new sponsor is secured by the school's
governing authority. A community school sponsored by the department
under this division shall not be included when calculating the
maximum number of directly authorized community schools permitted
under division (A)(3) of section 3314.029 of the Revised Code.
(D)
When an entity's authority to sponsor schools is revoked pursuant to
division (B)(6)(c) or (d) of this section, the office of Ohio school
sponsorship shall assume sponsorship of any schools with which the
original sponsor has contracted for the remainder of that school
year. The office may continue sponsoring those schools until the
earlier of:
(1)
The expiration of two school years from the time that sponsorship is
revoked;
(2)
When a new sponsor is secured by the governing authority pursuant to
division (C)(1) of section 3314.02 of the Revised Code.
Any
community school sponsored under this division shall not be counted
for purposes of directly authorized community schools under division
(A)(3) of section 3314.029 of the Revised Code.
(E)
The department shall recalculate the rating for the 2017-2018 school
year for each sponsor of a community school that receives
recalculated ratings pursuant to division (I) of section 3314.017 of
the Revised Code.
Sec.
3314.017.
(A)
The department of education and workforce shall prescribe by rules,
adopted in accordance with Chapter 119. of the Revised Code, an
academic performance rating and report card system that satisfies the
requirements of this section for dropout prevention and recovery
community schools, to be used in lieu of the system prescribed under
sections 3302.03 and 3314.012 of the Revised Code beginning with the
2012-2013 school year. Each such school shall comply with the testing
and reporting requirements of the system as prescribed by the
department.
(B)
Nothing in this section shall at any time relieve a school from its
obligations under the "No Child Left Behind Act of 2001" to
make "adequate yearly progress," as both that act and that
term are defined in section 3302.01 of the Revised Code, or a
school's amenability to the provisions of section 3302.04 or 3302.041
of the Revised Code. The department shall continue to report each
school's performance as required by the act and to enforce applicable
sanctions under section 3302.04 or 3302.041 of the Revised Code.
(C)
The rules adopted by the department shall prescribe the following
performance indicators for the rating and report card system required
by this section:
(1)
Graduation rate for each of the following student cohorts:
(a)
The number of students who graduate in four years or less with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the graduating class;
(b)
The number of students who graduate in five years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;
(c)
The number of students who graduate in six years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;
(d)
The number of students who graduate in seven years with a regular
high school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;
(e)
The number of students who graduate in eight years with a regular
high school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate.
(2)
The percentage of twelfth-grade students currently enrolled in the
school who have attained
the
designated passing score on all of the state high school achievement
assessments required under division (B)(1) of section 3301.0710 of
the Revised Code or
the
cumulative performance score on the end-of-course examinations
prescribed under division (B)(2) of section 3301.0712 of the Revised
Code
,
whichever applies,
and other students enrolled in the school, regardless of grade level,
who are within three months of their twenty-second birthday and have
attained
the
designated passing score on all of the state high school achievement
assessments or
the
cumulative performance score on the end-of-course examinations
,
whichever applies,
by their twenty-second birthday;
(3)
Annual measurable objectives as defined in section 3302.01 of the
Revised Code;
(4)
Growth in student achievement in reading, or mathematics, or both as
measured by separate nationally norm-referenced assessments that have
developed appropriate standards for students enrolled in dropout
prevention and recovery programs, adopted or approved by the
department.
(D)(1)
The department's rules shall prescribe the expected performance
levels and benchmarks for each of the indicators prescribed by
division (C) of this section based on the data gathered by the
department under division
(G)
(F)
of this section and simulations created by the department. Based on a
school's level of attainment or nonattainment of the expected
performance levels and benchmarks for each of the indicators, the
department shall rate each school in one of the following categories:
(a)
Exceeds standards;
(b)
Meets standards;
(c)
Does not meet standards.
(2)
The department's rules shall establish all of the following:
(a)
Performance levels and benchmarks for the indicators described in
divisions (C)(1) to (3) of this section;
(b)
Both of the following:
(i)
Performance levels and benchmarks for the indicator described in
division (C)(4) of this section;
(ii)
Standards for awarding a dropout prevention and recovery community
school an overall designation, which shall be calculated as follows:
(I)
Thirty per cent of the score shall be based on the indicators
described in division (C)(1) of this section that are applicable to
the school year for which the overall designation is granted.
(II)
Thirty per cent of the score shall be based on the indicators
described in division (C)(4) of this section.
(III)
Twenty per cent of the score shall be based on the indicators
described in division (C)(2) of this section.
(IV)
Twenty per cent of the score shall be based on the indicators
described in division (C)(3) of this section.
(3)
If both of the indicators described in divisions (C)(1) and (2) of
this section improve by ten per cent for two consecutive years, a
school shall be rated not less than "meets standards."
The
rating and the relevant performance data for each school shall be
posted on the department's web site, and a copy of the rating and
data shall be provided to the governing authority of the community
school.
(E)
The department annually shall issue a report card for each dropout
prevention and recovery community school that includes all of the
following performance measures, including a performance rating for
each measure as described in divisions (D)(1)(a) to (c) of this
section:
(1)
The graduation rates as described in division (C)(1) of this section;
(2)
The percentage of twelfth-grade students and other students who have
attained a designated passing score on high school achievement
assessments as described in division (C)(2) of this section;
(3)
Annual measurable objectives described in division (C)(3) of this
section, including a performance rating as described in divisions
(D)(1)(a) to (c) of this section;
(4)
Growth in annual student achievement in reading and mathematics as
described in division (C)(4) of this section;
(5)
An overall performance designation for the school calculated under
rules adopted under division (D)(2) of this section.
The
department shall also include student outcome data, including
postsecondary credit earned, nationally recognized career or
technical certification, military enlistment, job placement,
attendance rate, and progress on closing achievement gaps for each
school. This information shall not be included in the calculation of
a school's performance rating.
(F)
Not
later than the thirty-first day of July of each year, the department
shall submit preliminary report card data for overall academic
performance for each performance measure prescribed in division (E)
of this section for each community school to which this section
applies.
(G)
For
the purposes of prescribing performance levels and benchmarks under
division (D) of this section, the department shall gather and analyze
data from prior school years for each dropout prevention and recovery
community school. Each such school shall cooperate with the
department. The department shall consult with stakeholder groups in
performing its duties under this division.
(H)
(G)
The department shall review the performance levels and benchmarks for
performance indicators in the report card issued under this section
and may revise them based on the data collected under division
(G)
(F)
of this section.
(I)
For the purposes of division (F) of section 3314.351 of the Revised
Code, the department shall recalculate the ratings for each school
under division (E)(3) of this section for the 2017-2018 school year
and calculate the ratings under that division for the 2018-2019
school year using the indicators prescribed by division (C) of this
section, as it exists on and after July 18, 2019.
Sec.
3314.02.
(A)
As used in this chapter:
(1)
"Sponsor" means the board of education of a school district
or the governing board of an educational service center that agrees
to the conversion of all or part of a school or building under
division (B) of this section, or an entity listed in division (C)(1)
of this section, which has been approved by the department of
education and workforce to sponsor community schools or is exempted
by section 3314.021 or 3314.027 of the Revised Code from obtaining
approval, and with which the governing authority of a community
school enters into a contract under section 3314.03 of the Revised
Code.
(2)
"Pilot project area" means the school districts included in
the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of the
122nd general assembly.
(3)
"Challenged
school district" means any of the following:
(a)
A school district that is part of the pilot project area;
(b)
A school district that meets one of the following conditions:
(i)
On March 22, 2013, the district was in a state of academic emergency
or in a state of academic watch under section 3302.03 of the Revised
Code, as that section existed prior to March 22, 2013;
(ii)
For two of the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school
years, the district received a grade of "D" or "F"
for the performance index score and a grade of "F" for the
value-added progress dimension under section 3302.03 of the Revised
Code;
(iii)
For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021
school years, the district has received an overall grade of "D"
or "F" under division (C)(3) of section 3302.03 of the
Revised Code, or, for at least two of the three most recent school
years, the district received a grade of "F" for the
value-added progress dimension under division (C)(1)(e) of that
section;
(iv)
For the 2021-2022 school year and for any school year thereafter, the
district has received an overall performance rating of less than
three stars under division (D)(3) of section 3302.03 of the Revised
Code, or, for at least two of the three most recent school years, the
district received one star for progress under division (D)(3)(c) of
that section.
(c)
A big eight school district;
(d)
A school district ranked in the lowest five per cent of school
districts according to performance index score under section 3302.21
of the Revised Code.
(4)
"Big
eight school district" means a school district that for fiscal
year 1997 had both of the following:
(a)
A percentage of children residing in the district and participating
in the predecessor of Ohio works first greater than thirty per cent,
as reported pursuant to section 3317.10 of the Revised Code;
(b)
An average daily membership greater than twelve thousand, as reported
pursuant to former division (A) of section 3317.03 of the Revised
Code.
(5)
(4)
"New start-up school" means a community school other than
one created by converting all or part of an existing public school or
educational service center building, as designated in the school's
contract pursuant to division (A)(17) of section 3314.03 of the
Revised Code.
(6)
(5)
"Urban school district" means one of the state's twenty-one
urban school districts as defined in division (O) of section 3317.02
of the Revised Code as that section existed prior to July 1, 1998.
(7)
(6)
"Internet- or computer-based community school" means a
community school established under this chapter in which the enrolled
students work primarily from their residences on assignments in
nonclassroom-based learning opportunities provided via an internet-
or other computer-based instructional method that does not rely on
regular classroom instruction or via comprehensive instructional
methods that include internet-based, other computer-based, and
noncomputer-based learning opportunities unless a student receives
career-technical education under section 3314.086 of the Revised
Code.
A
community school that operates mainly as an internet- or
computer-based community school and provides career-technical
education under section 3314.086 of the Revised Code shall be
considered an internet- or computer-based community school, even if
it provides some classroom-based instruction, so long as it provides
instruction via the methods described in this division.
(8)
(7)
"Operator" or "management company" means either
of the following:
(a)
An individual or organization that manages the daily operations of a
community school pursuant to a contract between the operator or
management company and the school's governing authority;
(b)
A nonprofit organization that provides programmatic oversight and
support to a community school under a contract with the school's
governing authority and that retains the right to terminate its
affiliation with the school if the school fails to meet the
organization's quality standards.
(9)
(8)
"Alliance municipal school district" has the same meaning
as in section 3311.86 of the Revised Code.
(10)
(9)
"Dropout prevention and recovery community school" means a
community school that enrolls only students who are at least fourteen
years of age and not older than twenty-one years of age and who, at
the time of their initial enrollment, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that they
are prevented from continuing their traditional educational programs.
(B)(1)
Any person or group of individuals may initially propose under this
division the conversion of all or a portion of a public school to a
community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint vocational
school district in which the public school is proposed to be
converted.
(2)
Any person or group of individuals may initially propose under this
division the conversion of all or a portion of a building operated by
an educational service center to a community school. The proposal
shall be made to the governing board of the service center.
On
or after July 1, 2017, except as provided in section 3314.027 of the
Revised Code, any educational service center that sponsors a
community school shall be approved by and enter into a written
agreement with the department as described in section 3314.015 of the
Revised Code.
(3)
Upon receipt of a proposal, and after an agreement has been entered
into pursuant to section 3314.015 of the Revised Code, a board may
enter into a preliminary agreement with the person or group proposing
the conversion of the public school or service center building,
indicating the intention of the board to support the conversion to a
community school. A proposing person or group that has a preliminary
agreement under this division may proceed to finalize plans for the
school, establish a governing authority for the school, and negotiate
a contract with the board. Provided the proposing person or group
adheres to the preliminary agreement and all provisions of this
chapter, the board shall negotiate in good faith to enter into a
contract in accordance with section 3314.03 of the Revised Code and
division (C) of this section.
(4)
The sponsor of a conversion community school proposed to open in an
alliance municipal school district shall be subject to approval by
the department of education and workforce for sponsorship of that
school using the criteria established under division (A) of section
3311.87 of the Revised Code.
Division
(B)(4) of this section does not apply to a sponsor that, on or before
September 29, 2015, was exempted under section 3314.021 or 3314.027
of the Revised Code from the requirement to be approved for
sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of
the Revised Code.
(5)
A school established in accordance with division (B) of this section
that later enters into a sponsorship contract with an entity that is
not a school district or educational service center shall, at the
time of entering into the new contract, be deemed a community school
established in accordance with division (C) of this section.
(C)(1)
Provided all other conditions of sponsorship and governance are
satisfied, any person or group of individuals may propose under this
division the establishment of a new start-up school regardless of the
school's proposed location. The proposal may be made to any of the
following entities:
(a)
The board of education of the district in which the school is
proposed to be located;
(b)
The board of education of any joint vocational school district with
territory in the county in which is located the majority of the
territory of the district in which the school is proposed to be
located;
(c)
The board of education of any other city, local, or exempted village
school district having territory in the same county where the
district in which the school is proposed to be located has the major
portion of its territory;
(d)
The governing board of any educational service center, regardless of
the location of the proposed school, may sponsor a new start-up
school if all of the following are satisfied:
(i)
If applicable, it satisfies the requirements of division (E) of
section 3311.86 of the Revised Code;
(ii)
It is approved to do so by the department;
(iii)
It enters into an agreement with the department under section
3314.015 of the Revised Code.
(e)
A sponsoring authority designated by the board of trustees of any of
the thirteen state universities listed in section 3345.011 of the
Revised Code or the board of trustees itself as long as a mission of
the proposed school to be specified in the contract under division
(A)(2) of section 3314.03 of the Revised Code and as approved by the
department under division (B)(3) of section 3314.015 of the Revised
Code will be the practical demonstration of teaching methods,
educational technology, or other teaching practices that are included
in the curriculum of the university's teacher preparation program
approved by the chancellor of higher education;
(f)
Any qualified tax-exempt entity under section 501(c)(3) of the
Internal Revenue Code as long as all of the following conditions are
satisfied:
(i)
The entity has been in operation for at least five years prior to
applying to be a community school sponsor.
(ii)
The entity has assets of at least five hundred thousand dollars and a
demonstrated record of financial responsibility.
(iii)
The department has determined that the entity is an
education-oriented entity under division (B)(4) of section 3314.015
of the Revised Code and the entity has a demonstrated record of
successful implementation of educational programs.
(iv)
The entity is not a community school.
(g)
The mayor of a city in which the majority of the territory of a
school district to which section 3311.60 of the Revised Code applies
is located, regardless of whether that district has created the
position of independent auditor as prescribed by that section. The
mayor's sponsorship authority under this division is limited to
community schools that are located in that school district. Such
mayor may sponsor community schools only with the approval of the
city council of that city, after establishing standards with which
community schools sponsored by the mayor must comply, and after
entering into a sponsor agreement with the department as prescribed
under section 3314.015 of the Revised Code. The mayor shall establish
the standards for community schools sponsored by the mayor not later
than one hundred eighty days after July 15, 2013, and shall submit
them to the department upon their establishment. The department shall
approve the mayor to sponsor community schools in the district, upon
receipt of an application by the mayor to do so. Not later than
ninety days after the department's approval of the mayor as a
community school sponsor, the department shall enter into the sponsor
agreement with the mayor.
Any
entity described in division (C)(1) of this section may enter into a
preliminary agreement pursuant to division (C)(2) of this section
with the proposing person or group, provided that entity has been
approved by and entered into a written agreement with the department
pursuant to section 3314.015 of the Revised Code.
(2)
A preliminary agreement indicates the intention of an entity
described in division (C)(1) of this section to sponsor the community
school. A proposing person or group that has such a preliminary
agreement may proceed to finalize plans for the school, establish a
governing authority as described in division (E) of this section for
the school, and negotiate a contract with the entity. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the entity shall negotiate in good
faith to enter into a contract in accordance with section 3314.03 of
the Revised Code.
(3)
A new start-up school that is established in a school district
described in either division (A)(3)(b) or (d) of this section may
continue in existence once the school district no longer meets the
conditions described in either division, provided there is a valid
contract between the school and a sponsor.
(4)
A copy of every preliminary agreement entered into under this
division shall be filed with the director of education and workforce.
(D)
A majority vote of the board of a sponsoring entity and a majority
vote of the members of the governing authority of a community school
shall be required to adopt a contract and convert the public school
or educational service center building to a community school or
establish the new start-up school. Beginning September 29, 2005,
adoption of the contract shall occur not later than the fifteenth day
of March, and signing of the contract shall occur not later than the
fifteenth day of May, prior to the school year in which the school
will open. The governing authority shall notify the department of
education and workforce when the contract has been signed. Subject to
sections 3314.013 and 3314.016 of the Revised Code, an unlimited
number of community schools may be established in any school district
provided that a contract is entered into for each community school
pursuant to this chapter.
(E)(1)
As used in this division, "immediate relatives" are limited
to spouses, children, parents, grandparents, and siblings, as well as
in-laws residing in the same household as the person serving on the
governing authority.
Each
new start-up community school established under this chapter shall be
under the direction of a governing authority which shall consist of a
board of not less than five individuals.
(2)(a)
No person shall serve on the governing authority or operate the
community school under contract with the governing authority under
any of the following circumstances:
(i)
The person owes the state any money or is in a dispute over whether
the person owes the state any money concerning the operation of a
community school that has closed.
(ii)
The person would otherwise be subject to division (B) of section
3319.31 of the Revised Code with respect to refusal, limitation, or
revocation of a license to teach, if the person were a licensed
educator.
(iii)
The person has pleaded guilty to or been convicted of theft in office
under section 2921.41 of the Revised Code, or has pleaded guilty to
or been convicted of a substantially similar offense in another
state.
(b)
No person shall serve on the governing authority or engage in the
financial day-to-day management of the community school under
contract with the governing authority unless and until that person
has submitted to a criminal records check in the manner prescribed by
section 3319.39 of the Revised Code.
(c)
Each sponsor of a community school shall annually verify that a
finding for recovery has not been issued by the auditor of state
against any individual or individuals who propose to create a
community school or any member of the governing authority, the
operator, or any employee of each community school with
responsibility for fiscal operations or authorization to expend money
on behalf of the school.
(3)
No person shall serve on the governing authorities of more than five
start-up community schools at the same time unless both of the
following apply:
(a)
The person serves in a volunteer capacity and receives no
compensation under division (E)(5) of this section from any governing
authority on which the person serves.
(b)
For any school that has an operator, the operator is a nonprofit
organization.
(4)(a)
For a community school established under this chapter that is not
sponsored by a school district or an educational service center, no
present or former member, or immediate relative of a present or
former member, of the governing authority shall be an owner,
employee, or consultant of the community school's sponsor or
operator, unless at least one year has elapsed since the conclusion
of the person's membership on the governing authority.
(b)
For a community school established under this chapter that is
sponsored by a school district or an educational service center, no
present or former member, or immediate relative of a present or
former member, of the governing authority shall:
(i)
Be an officer of the district board or service center governing board
that serves as the community school's sponsor, unless at least one
year has elapsed since the conclusion of the person's membership on
the governing authority;
(ii)
Serve as an employee of, or a consultant for, the department,
division, or section of the sponsoring district or service center
that is directly responsible for sponsoring community schools, or
have supervisory authority over such a department, division, or
section, unless at least one year has elapsed since the conclusion of
the person's membership on the governing authority.
(5)
The governing authority of a start-up or conversion community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up or conversion community school shall be compensated more
than one hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves. Each member of the
governing authority may be paid compensation for attendance at an
approved training program, provided that such compensation shall not
exceed sixty dollars a day for attendance at a training program three
hours or less in length and one hundred twenty-five dollars a day for
attendance at a training program longer than three hours in length.
(6)
No person who is the employee of a school district or educational
service center shall serve on the governing authority of any
community school sponsored by that school district or service center.
(7)
Each member of the governing authority of a community school shall
annually file a disclosure statement setting forth the names of any
immediate relatives or business associates employed by any of the
following within the previous three years:
(a)
The sponsor or operator of that community school;
(b)
A school district or educational service center that has contracted
with that community school;
(c)
A vendor that is or has engaged in business with that community
school.
(8)
No person who is a member of a school district board of education
shall serve on the governing authority of any community school.
(F)(1)
A new start-up school that is established prior to August 15, 2003,
in an urban school district that is not also a big-eight school
district may continue to operate after that date and the contract
between the school's governing authority and the school's sponsor may
be renewed, as provided under this chapter, after that date.
(2)
A community school that was established prior to June 29, 1999, and
is located in a county contiguous to the pilot project area and in a
school district that was not a challenged school district
,
as that term was defined in this section prior to the effective date
of this amendment,
may continue to operate after that date, provided the school complies
with all provisions of this chapter. The contract between the
school's governing authority and the school's sponsor may be renewed.
(3)
Any educational service center that, on June 30, 2007, sponsors a
community school that is not located in a county within the territory
of the service center or in a county contiguous to such county may
continue to sponsor that community school on and after June 30, 2007,
and may renew its contract with the school.
(4)
The department of education and workforce shall not restrict the
establishment of a new start-up community school to those located in
a challenged school district
,
as that term was defined in this section prior to the effective date
of this amendment,
as was required by this section prior to September 30, 2021.
Sec.
3314.031.
(A)
Beginning
March 31, 2016, the
The
department
shall do the following:
(1)
Maintain and annually publish an accurate record of the names and
identifying information of all entities that have entered into a
contract with the governing authority of a community school to manage
or operate that school;
(2)
Receive from the governing authority of each community school a copy
of the contract between a governing authority and its operator. A
copy of each contract shall be made available on the department's web
site.
(B)
Not later than November 15, 2016, and not later than the fifteenth
day of November for each year thereafter, the department shall
develop and publish an annual performance report for all operators of
community schools in the state based on their performance for the
previous school year. The report shall be made available on the
department's web site.
(C)
The department shall include the performance report obtained pursuant
to division (B) of this section in the department's annual report
required by division (A)(4) of section 3314.015 of the Revised Code.
(D)
For purposes of this section, "operator" has the same
meaning as in
division
(A)(8) of
section
3314.02 of the Revised Code.
Sec.
3314.034.
(A)
Subject to division (B) of this section, and except as described in
division (E) of this section, any community school to which either of
the following conditions apply shall be prohibited from entering into
a contract with a new sponsor:
(1)
The community school has received, on the most recent report card
issued for that school under section 3302.03 of the Revised Code,
either of the following:
(a)
A grade of "D" or "F" for the performance index
score, under division (C)(1)(b) of section 3302.03 of the Revised
Code, and an overall grade of "D" or "F" for the
value-added progress dimension or another measure of student academic
progress if adopted by the department of education and workforce,
under division (C)(1)(e) of that section;
(b)
A
a
performance
rating of less than three stars for achievement
under
division (D)(3)(b) of section 3302.03 of the Revised Code
and
a performance rating of less than three stars for progress under
division
(D)(3)(c) of that
section
3302.03 of the Revised Code
.
(2)
The community school is a dropout prevention and recovery community
school, and it has received a rating of "does not meet
standards" for the annual student growth measure and combined
graduation rates on the most recent report card issued for the school
under section 3314.017 of the Revised Code.
(B)
A community school to which division (A) of this section applies may
enter into a contract with a new sponsor if all of the following
conditions are satisfied:
(1)
The proposed sponsor received a rating of "effective" or
higher pursuant to division (B)(5) of section 3314.016 of the Revised
Code on its most recent evaluation conducted according to that
section, or the proposed sponsor is the office of Ohio school
sponsorship established in section 3314.029 of the Revised Code.
(2)
The community school submits a request to enter into a new contract
with a sponsor.
(3)
The community school has not submitted a prior request that was
granted.
(4)
The department grants the school's request pursuant to division (C)
of this section.
(C)(1)
A school shall submit a request to change sponsors under this section
not later than on the fifteenth day of February of the year in which
the school wishes to do so. If a community school to which division
(A)(1) of this section applies submits a request to the department to
enter into a contract with a new sponsor and a majority of the
school's students are children with disabilities receiving special
education and related services under Chapter 3323. of the Revised
Code, the department shall at least consider the school's performance
as measured against the average performance of all other community
schools that primarily serve children with disabilities.
(2)
The department shall grant or deny the request not later than thirty
days after the department receives it. If the department denies the
request, the community school may submit an appeal to the director of
education and workforce who shall hold a hearing in accordance with
Chapter 119. of the Revised Code. The community school shall file its
notice of appeal to the director not later than ten days after
receiving the decision from the department. The director shall
conduct the hearing not later than thirty days after receiving the
school's notice of appeal and act upon the determination of the
hearing officer not later than the twenty-fifth day of June of the
year in which the school wishes to change sponsors.
(D)
Factors to be considered during a hearing held pursuant to division
(C) of this section include, but are not limited to, the following:
(1)
The school's impact on the students and the community or communities
it serves;
(2)
The quality and quantity of academic and administrative support the
school receives from its current sponsor to help the school to
improve;
(3)
The sponsor's annual evaluations of the community school under
division (c)(2) of section 3314.03 of the Revised Code for the
previous three years;
(4)
The academic performance of the school, taking into account the
demographic information of the students enrolled in the school;
(5)
The academic performance of alternative schools that serve comparable
populations of students as those served by the community school;
(6)
The fiscal stability of the school;
(7)
The results of any audits of the school by the auditor of state;
(8)
The length of time the school has been under the oversight of its
current sponsor;
(9)
The number of times the school has changed sponsors prior to the
current request;
(10)
Parent and student satisfaction rates as demonstrated by surveys, if
available.
(E)
Notwithstanding anything to the contrary in this section, if a
community school in which a majority of the enrolled students are
children with disabilities receiving special education and related
services in accordance with Chapter 3323. of the Revised Code meets
both of the following criteria, the school may enter into a contract
with a new sponsor, provided that the new sponsor satisfies the
criteria in division (B)(1) of this section:
(1)
The school received, on its most recent report card issued under
section 3302.03 of the Revised Code, a performance rating of at least
three stars for progress
under division (D)(3)(c) of that section
.
(2)
As calculated for the most recent school year under section 3302.035
of the Revised Code, the school's performance index score for
students with disabilities was higher than the performance index
score for students with disabilities of the school district in which
the school is located.
Sec.
3314.25.
(A)
As used in this section and section 3314.252 of the Revised Code:
(1)
"Internet- or computer-based community school" has the same
meaning as in section 3314.02 of the Revised Code.
(2)
"State assessment" means statewide achievement assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code.
(B)
Any student enrolled in an internet- or computer-based community
school shall be permitted to complete any of the state assessments
remotely in an online format with a remote proctor if the following
conditions are met:
(1)
The student takes the assessment using a device in which the student
will be monitored by the assessment proctor through video and audio
for the duration of the assessment administration.
(2)
The assessment proctor actively monitors each student completing a
remote assessment and is available to respond to student questions
and troubleshoot issues.
(3)
The school maintains a ratio of eleven to one, or less, for students
taking an assessment to an assessment proctor.
(4)
Each teacher or school personnel assigned to proctor a remote
assessment completes a remote proctoring certification course.
(5)
Each teacher, assessment proctor, or other school staff of each
participating school understands the technical requirements and is
familiar with the remote testing features prior to the remote
administration of assessments.
(6)
For parents and students, the school does all of the following prior
to administering assessments:
(a)
Ensures that all testing equipment functions correctly;
(b)
Provides training and support, including an opportunity to gain
experience with remote testing features;
(c)
Communicates test security provisions and procedures.
(C)
An internet- or computer-based community school and a student's
parent or guardian shall determine whether a student takes state
assessments remotely under this section in accordance with section
3314.252 of the Revised Code.
(D)
The department of education and workforce shall, by the fifteenth day
of September of each year, publish on its publicly accessible web
site a report that analyzes the results of assessments that were
remotely administered and proctored under this section in the prior
school year to identify whether there were any signs of cheating or
any anomalous results.
Sec.
3314.252.
(A)
Each internet- or computer-based community school that administers
state assessments using remote proctoring under section 3314.25 of
the Revised Code shall provide parents with information regarding
available testing and proctoring options for enrolled students.
(B)
Not later than two weeks after a student's initial enrollment, the
school shall conduct a meeting or consultation with the student's
parent or guardian, which may occur in person, by telephone, or
through electronic communication, including electronic mail or other
digital means, to discuss the available testing administration and
proctoring options for the student.
During
the meeting or consultation, the school shall inform the student's
parent or guardian of the school's preferred method of administration
and proctoring of state assessments and any available alternative
options. A parent or guardian may elect an alternative state
assessment administration and proctoring option, and the school shall
accommodate such election to the extent practicable, taking into
consideration the student's educational needs and the feasibility of
available testing options.
If
a student's parent or guardian does not respond to the school's
reasonable attempts to conduct the meeting or consultation within two
weeks of the student's initial enrollment, the school may proceed
with the school's preferred method of administration and proctoring
of state assessments.
Notwithstanding
anything in this division to the contrary, if the student has an
individualized education program developed under Chapter 3323. of the
Revised Code that includes in-person administration and proctoring of
state assessments, the school shall provide in-person testing for the
student.
(C)
If in-person administration and proctoring is determined to be the
appropriate option for the student, the school shall provide the
student with access to a testing location within a fifty-mile radius
of the student's residence at which the student may complete state
assessments.
(D)
The school shall review the determination made under division (B) of
this section annually with the student's parent or guardian and may
revise the testing administration method if the school and parent
agree that a different proctoring method better serves the student's
needs. The school shall not revise a student's testing administration
method without the approval of the student's parent.
(E)
Nothing in this section shall be construed to permit a school to use
a method of administration and proctoring of state assessments for a
student that conflicts with the services included in the student's
individualized education program developed under Chapter 3323. of the
Revised Code.
Sec.
3314.35.
(A)
Except as provided in division (B) of this section and section
3314.355 of the Revised Code, this section applies to any community
school that meets one of the following criteria
as follows
:
(1)
The school
does
not offer a grade level higher than three
offers
at least grade three and no grade higher
and,
for the three most recent
consecutive
school
years
,
satisfies either of the following criteria:
(a)
The school has received a performance rating of one star for early
literacy under division (D)(3)(e) of section 3302.03 of the Revised
Code;
(b)
The school has received an overall performance rating of less than
two stars under division (D)(3) of section 3302.03 of the Revised
Code
was ranked in the lowest five per cent of public schools in the state
according to performance index score. The department of education and
workforce shall exclude from performance index score rankings any
school described in division (B) of this section and any school to
which the performance index score does not apply and that instead
receives a score through an alternative measure developed by the
department under division (A)(1) of section 3302.21 of the Revised
Code
.
(2)
The school offers any of grade levels four to
eight
but does not offer a grade level higher than nine and, for the three
most recent school years, satisfies either of the following criteria:
(a)
The school has received a performance rating of one star for both
achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code and progress under division (D)(3)(c) of that section;
(b)
The school has received an overall performance rating of less than
two stars under division (D) of section 3302.03 of the Revised Code
and a performance rating of one star for progress under division
(D)(3)(c) of that section.
(3)
The school offers any of grade levels ten to twelve and, for the
three most recent school years, satisfies either of the following
criteria:
(a)
The school has received a performance rating of "one star"
for achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code and has not met annual measurable objectives for gap
closing under division (D)(3)(a) of that section, as determined by
the department of education and workforce;
(b)
The school has received an overall performance rating of less than
two stars under division (D) of section 3302.03 of the Revised Code
and a performance rating of one star for progress under division
(D)(1)(b) of that section.
twelve
and any of the following apply:
(a)
In the 2026-2027 school year, both of the following apply:
(i)
The school met any of the criteria for closure established under
former division (A)(2) or (3) of this section, as it existed prior to
the effective date of this amendment, on the state report cards
issued under section 3302.03 of the Revised Code for each of the
2023-2024, 2024-2025, and 2025-2026 school years.
(ii)
The school met both of the following criteria for the 2025-2026
school year:
(I)
The school was ranked in the lowest five per cent of public schools
in the state according to performance index score. The department of
education and workforce shall exclude from performance index score
rankings any school described in division (B) of this section and any
school to which the performance index score does not apply and that
instead receives a score through an alternative measure developed by
the department under division (A)(1) of section 3302.21 of the
Revised Code.
(II)
The school was ranked in the lowest sixty per cent of public schools
in the state according to the value-added progress dimension gain
index, as determined by the department.
(b)
In the 2027-2028 school year, both of the following apply:
(i)
The school met any of the criteria for closure established under
former division (A)(2) or (3) of this section, as it existed prior to
the effective date of this amendment, on the state report card issued
under section 3302.03 of the Revised Code for the 2024-2025 school
year.
(ii)
The school met both of the following criteria for each of the
2025-2026 and 2026-2027 school years:
(I)
The school was ranked in the lowest five per cent of public schools
in the state according to performance index score. The department
shall exclude from performance index score rankings any school
described in division (B) of this section and any school to which the
performance index score does not apply and that instead receives a
score through an alternative measure developed by the department
under division (A)(1) of section 3302.21 of the Revised Code.
(II)
The school was ranked in the lowest sixty per cent of public schools
in the state according to the value-added progress dimension gain
index.
(c)
In the 2028-2029 school year and any school year thereafter, the
school met both of the following criteria for each of the three most
recent consecutive school years:
(i)
The school was ranked in the lowest five per cent of public schools
in the state according to performance index score. The department
shall exclude from performance index score rankings any school
described in division (B) of this section and any school to which the
performance index score does not apply and that instead receives a
score through an alternative measure developed by the department
under division (A)(1) of section 3302.21 of the Revised Code.
(ii)
The school was ranked in the lowest sixty per cent of public schools
in the state according to the value-added progress dimension gain
index.
For
purposes of division (A) of this section only, the department shall
exclude from performance index score rankings any school described in
division (B) of this section.
For
purposes of division (A) of this section only, the department shall
calculate the value-added progress dimension for a community school
using
in
the same manner as it is calculated under section 3302.03 of the
Revised Code, except that in doing so the department shall use
assessment
scores for only those students to whom the school has administered
the achievement assessments prescribed by section 3301.0710 of the
Revised Code for at least the two most recent school years but using
value-added data from only the most recent school year.
(B)
This section does not apply to either of the following:
(1)
Any dropout prevention and recovery community school. Rather, such
schools shall be subject to closure only as provided in section
3314.351 of the Revised Code. However, prior to July 1, 2014, a
community school in which a majority of the students are enrolled in
a dropout prevention and recovery program shall be exempt from this
section only if it has been granted a waiver under section 3314.36 of
the Revised Code.
(2)
Any community school in which a majority of the enrolled students are
children with disabilities receiving special education and related
services in accordance with Chapter 3323. of the Revised Code.
(C)
Any community school to which this section applies shall permanently
close at the conclusion of the school year in which the school first
becomes subject to this section. The sponsor and governing authority
of the school shall comply with all procedures for closing a
community school adopted by the department under division (E) of
section 3314.015 of the Revised Code. The governing authority of the
school shall not enter into a contract with any other sponsor under
section 3314.03 of the Revised Code after the school closes.
(D)
Nothing in this section or in any other provision of the Revised Code
prohibits the sponsor of a community school from exercising its
option not to renew a contract for any reason or from terminating a
contract prior to its expiration for any of the reasons set forth in
section 3314.07 of the Revised Code.
Sec.
3314.351.
(A)
This section applies to any dropout prevention and recovery community
school.
Except
as provided in division (F) of this section, any
Any
such
community school that has received a designation of "does not
meet standards," as described in division (D)(1) of section
3314.017 of the Revised Code on the report card issued under that
section, for the three most recent school years shall be subject to
closure in accordance with this section.
(B)
Not later than the first day of September in each school year, the
department of education and workforce shall notify each school
subject to closure under this section that the school must close not
later than the thirtieth day of the following June.
A
school so notified shall close as required.
(C)
A school that opens on or after July 1, 2014, shall not be subject to
closure under this section for its first two years of operation. A
school that is in operation prior to July 1, 2014, shall not be
subject to closure under this section until after August 31, 2016.
(D)
The sponsor and governing authority of the school shall comply with
all procedures for closing a community school adopted by the
department under division (E) of section 3314.015 of the Revised
Code. The governing authority of the school shall not enter into a
contract with any other sponsor under section 3314.03 of the Revised
Code after the school closes.
(E)
Nothing in this section or in any other provision of the Revised Code
prohibits the sponsor of a community school from exercising its
option not to renew a contract for any reason or from terminating a
contract prior to its expiration for any of the reasons set forth in
section 3314.07 of the Revised Code.
(F)
Beginning in the 2019-2020 school year, no school shall be subject to
closure under this section based on the report card issued for that
school for the 2017-2018 or 2018-2019 school year if the school
received an overall rating of "meets standards" or "exceeds
standards" for the 2017-2018 or 2018-2019 school year pursuant
to division (I) of section 3314.017 of the Revised Code. However, no
school permanently closed under this section prior to the 2019-2020
school year shall be eligible to reopen based on the calculated or
recalculated ratings under division (I) of section 3314.017 of the
Revised Code.
Sec.
3314.353.
Each
year, the department of education and workforce shall publish
separate lists of the following:
(A)
Community schools that have become subject to permanent closure under
section 3314.35 or 3314.351 of the Revised Code;
(B)
Community schools that are at risk of becoming subject to permanent
closure under section 3314.35 or 3314.351 of the Revised Code if
their academic performance, as prescribed in those sections, does not
improve on the next state report cards issued under section 3302.03
or 3314.017 of the Revised Code.
The
department of education and workforce shall not adopt any rules,
enforce any procedures or policies, or otherwise restrict the
establishment or sponsorship of a new start-up community school based
upon whether the school's proposed location is in a challenged school
district
,
as that term was defined in section 3314.02 of the Revised Code prior
to the effective date of this amendment
.
Sec.
3314.362.
Notwithstanding
division
(A)(10)
(A)(9)
of section 3314.02 of the Revised Code, a community school that
primarily serves students enrolled in a dropout prevention and
recovery program may continue to operate in the 2025-2026 and
2026-2027 school years without complying with that division and shall
be considered a dropout prevention and recovery community school for
the purposes of Title XXXIII of the Revised Code for those school
years.
Notwithstanding
anything in the Revised Code to the contrary, beginning July 1, 2027,
any community school that primarily serves students enrolled in a
dropout prevention and recovery program is a dropout prevention and
recovery community school, as defined in division
(A)(10)
(A)(9)
of section 3314.02 of the Revised Code. Prior to that date, the
school, upon approval of the school's sponsor, shall do one or both
of the following with any grades that do not comply with division
(A)(10)
(A)(9)
of section 3314.02 of the Revised Code:
(A)
Transfer those grades to a separate community school. The department
of education and workforce shall assign the separate community school
its own internal retrieval number.
(B)
Cease offering those grades.
The
school shall assist students who are not eligible to enroll in the
dropout prevention and recovery community school to transfer to a
separate community school or enroll in a different school, as
applicable.
Sec.
3315.42.
Sections
3315.40 and 3315.41 of the Revised Code do not apply to
either
of the following:
(A)
A
a
school
district that has received funds for a project under Chapter 3318. of
the Revised Code, so long as the purchase price to be paid by the
board for the state's interest in the project has not been paid
;
(B)
A school district that has an outstanding loan under section 3313.483
of the Revised Code
.
Sec.
3316.03.
(A)
The existence of a fiscal watch shall be declared by the auditor of
state. The auditor of state may make a determination on the auditor
of state's initiative, or upon receipt of a written request for such
a determination, which may be filed by the governor, the director of
education and workforce, or a majority of the members of the board of
education of the school district.
(1)
The auditor of state shall declare a school district to be in a state
of fiscal watch if the auditor of state determines that both of the
following conditions are satisfied with respect to the school
district:
(a)
An operating deficit has been certified for the current fiscal year
by the auditor of state, and the certified operating deficit exceeds
eight per cent of the school district's general fund revenue for the
preceding fiscal year;
(b)
A majority of the voting electors have not voted in favor of levying
a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748.
of the Revised Code that the auditor of state expects will raise
enough additional revenue in the next succeeding fiscal year that
division (A)(1)(a) of this section will not apply to the district in
such next succeeding fiscal year.
(2)
The auditor of state shall declare a school district to be in a state
of fiscal watch if the auditor of state determines that the school
district has outstanding securities issued under division (A)(4) of
section 3316.06 of the Revised Code, and its financial planning and
supervision commission has been terminated under section 3316.16 of
the Revised Code.
(3)
The auditor of state shall declare a school district to be in a state
of fiscal watch if both of the following conditions are satisfied:
(a)
The director has reported to the auditor of state that the director
has declared the district under section 3316.031 of the Revised Code
to be under a fiscal caution, has found that the district has not
acted reasonably to eliminate or correct practices or conditions that
prompted the declaration, and has determined the declaration of a
state of fiscal watch necessary to prevent further fiscal decline;
(b)
The auditor of state determines that the decision of the director is
reasonable.
If
the auditor of state determines that the decision of the director is
not reasonable, the auditor of state shall provide the director with
a written explanation of that determination.
(4)
The auditor of state may declare a school district to be in a state
of fiscal watch if all of the following conditions are satisfied:
(a)
An operating deficit has been certified for the current fiscal year
by the auditor of state, and the certified operating deficit exceeds
two per cent, but does not exceed eight per cent, of the school
district's general fund revenue for the preceding fiscal year;
(b)
A majority of the voting electors have not voted in favor of levying
a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748.
of the Revised Code that the auditor of state expects will raise
enough additional revenue in the next succeeding fiscal year that
division (A)(4)(a) of this section will not apply to the district in
the next succeeding fiscal year;
(c)
The auditor of state determines that there is no reasonable cause for
the deficit or that the declaration of fiscal watch is necessary to
prevent further fiscal decline in the district.
(B)(1)
The auditor of state shall issue an order declaring a school district
to be in a state of fiscal emergency if the auditor of state
determines that both of the following conditions are satisfied with
respect to the school district:
(a)
An operating deficit has been certified for the current fiscal year
by the auditor of state, and the certified operating deficit exceeds
fifteen per cent of the school district's general fund revenue for
the preceding fiscal year.
(b)
A majority of the voting electors have not voted in favor of levying
a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748.
of the Revised Code that the auditor of state expects will raise
enough additional revenue in the next succeeding fiscal year that
division (B)(1)(a) of this section will not apply to the district in
such next succeeding fiscal year.
(2)
The auditor of state shall issue an order declaring a school district
to be in a state of fiscal emergency if the school district board
fails, pursuant to section 3316.04 of the Revised Code, to submit a
plan acceptable to the director of education and workforce within one
hundred twenty days of the auditor of state's declaration under
division (A) of this section or an updated plan when one is required
by division (C) of section 3316.04 of the Revised Code;
(3)
The auditor of state shall issue an order declaring a school district
to be in a state of fiscal emergency if both of the following
conditions are satisfied:
(a)
The director has reported to the auditor of state that the district
is not materially complying with the provisions of an original or
updated plan as approved by the director under section 3316.04 of the
Revised Code, and that the director has determined the declaration of
a state of fiscal emergency necessary to prevent further fiscal
decline;
(b)
The auditor of state finds that the determination of the director is
reasonable.
If
the auditor of state determines that the decision of the director is
not reasonable, the auditor of state shall provide the director a
written explanation of that determination.
(4)
The
auditor of state shall issue an order declaring a school district to
be in a state of fiscal emergency if a declaration of fiscal
emergency is required by division (D) of section 3316.04 of the
Revised Code.
(5)
The
auditor of state may issue an order declaring a school district to be
in a state of fiscal emergency if all of the following conditions are
satisfied:
(a)
An operating deficit has been certified for the current fiscal year
by the auditor of state, and the certified operating deficit exceeds
ten per cent, but does not exceed fifteen per cent, of the school
district's general fund revenue for the preceding fiscal year;
(b)
A majority of the voting electors have not voted in favor of levying
a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748.
of the Revised Code that the auditor of state expects will raise
enough additional revenue in the next succeeding fiscal year that
division
(B)(5)(a)
(B)(4)(a)
of this section will not apply to the district in the next succeeding
fiscal year;
(c)
The auditor of state determines that a declaration of fiscal
emergency is necessary to correct the district's fiscal problems and
to prevent further fiscal decline.
(C)
In making the determinations under this section, the auditor of state
may use financial reports required under section 117.43 of the
Revised Code; tax budgets, certificates of estimated resources and
amendments thereof, annual appropriating measures and spending plans,
and any other documents or information prepared pursuant to Chapter
5705. of the Revised Code; and any other documents, records, or
information available to the auditor of state that indicate the
conditions described in divisions (A) and (B) of this section.
(D)
The auditor of state shall certify the action taken under division
(A) or (B) of this section to the board of education of the school
district, the director of budget and management, the mayor or county
auditor who could be required to act pursuant to division (B)(1) of
section 3316.05 of the Revised Code, and to the director of education
and workforce.
(E)
A determination by the auditor of state under this section that a
fiscal emergency condition does not exist is final and conclusive and
not appealable. A determination by the auditor of state under this
section that a fiscal emergency exists is final, except that the
board of education of the school district affected by such a
determination may appeal the determination of the existence of a
fiscal emergency condition to the court of appeals having territorial
jurisdiction over the school district. The appeal shall be heard
expeditiously by the court of appeals and for good cause shown shall
take precedence over all other civil matters except earlier matters
of the same character. Notice of such appeal must be filed with the
auditor of state and such court within thirty days after
certification by the auditor of state to the board of education of
the school district provided for in division (D) of this section. In
such appeal, determinations of the auditor of state shall be presumed
to be valid and the board of education shall have the burden of
proving, by clear and convincing evidence, that each of the
determinations made by the auditor of state as to the existence of a
fiscal emergency condition under this section was in error. If the
board of education fails, upon presentation of its case, to prove by
clear and convincing evidence that each such determination by the
auditor of state was in error, the court shall dismiss the appeal.
The board of education and the auditor of state may introduce any
evidence relevant to the existence or nonexistence of such fiscal
emergency conditions. The pendency of any such appeal shall not
affect or impede the operations of this chapter; no restraining
order, temporary injunction, or other similar restraint upon actions
consistent with this chapter shall be imposed by the court or any
court pending determination of such appeal; and all things may be
done under this chapter that may be done regardless of the pendency
of any such appeal. Any action taken or contract executed pursuant to
this chapter during the pendency of such appeal is valid and
enforceable among all parties, notwithstanding the decision in such
appeal. If the court of appeals reverses the determination of the
existence of a fiscal emergency condition by the auditor of state,
the determination no longer has any effect, and any procedures
undertaken as a result of the determination shall be terminated.
Sec.
3316.04.
(A)
Within sixty days of the auditor's declaration under division (A) of
section 3316.03 of the Revised Code, the board of education of the
school district shall prepare and submit to the director of education
and workforce a financial plan delineating the steps the board will
take to eliminate the district's current operating deficit and avoid
incurring operating deficits in ensuing years, including the
implementation of spending reductions. The financial plan also shall
evaluate the feasibility of entering into shared services agreements
with other political subdivisions for the joint exercise of any
power, performance of any function, or rendering of any service, if
so authorized by statute. The director shall evaluate the initial
financial plan, and either approve or disapprove it within thirty
calendar days from the date of its submission. If the initial
financial plan is disapproved, the director shall recommend
modifications that will render the financial plan acceptable. No
school district board shall implement a financial plan submitted to
the director under this section unless the director has approved the
plan.
(B)
Upon request of the board of education of a school district declared
to be in a state of fiscal watch, the auditor of state and director
shall provide technical assistance to the board in resolving the
fiscal problems that gave rise to the declaration, including
assistance in drafting the board's financial plan.
(C)
A financial plan adopted under this section may be amended at any
time with the approval of the director. The board of education of the
school district shall submit an updated financial plan to the
director, for the director's approval, every year that the district
is in a state of fiscal watch. The updated plan shall be submitted in
a form acceptable to the director. The director shall approve or
disapprove each updated plan no later than the anniversary of the
date on which the first such plan was approved.
(D)
A school district that has restructured or refinanced a loan under
section 3316.041 of the Revised Code shall be declared to be in a
state of fiscal emergency if any of the following occurs:
(1)
An operating deficit is certified for the district under section
3313.483 of the Revised Code for any year prior to the repayment of
the restructured or refinanced loan;
(2)
The director determines, in consultation with the auditor of state,
that the school district is not satisfactorily complying with the
terms of the financial plan required by this section;
(3)
The board of education of the school district fails to submit an
updated plan that is acceptable to the director under division (C) of
this section.
Sec.
3316.06.
(A)
Within one hundred twenty days after the first meeting of a school
district financial planning and supervision commission, the
commission shall adopt a financial recovery plan regarding the school
district for which the commission was created. During the formulation
of the plan, the commission shall seek appropriate input from the
school district board and from the community. This plan shall contain
the following:
(1)
Actions to be taken to:
(a)
Eliminate all fiscal emergency conditions declared to exist pursuant
to division (B) of section 3316.03 of the Revised Code;
(b)
Satisfy any judgments, past-due accounts payable, and all past-due
and payable payroll and fringe benefits;
(c)
Eliminate the deficits in all deficit funds, except that any prior
year deficits in the capital and maintenance fund established
pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d)
Restore to special funds any moneys from such funds that were used
for purposes not within the purposes of such funds, or borrowed from
such funds by the purchase of debt obligations of the school district
with the moneys of such funds, or missing from the special funds and
not accounted for, if any;
(e)
Balance the budget, avoid future deficits in any funds, and maintain
on a current basis payments of payroll, fringe benefits, and all
accounts;
(f)
Avoid any fiscal emergency condition in the future;
(g)
Restore the ability of the school district to market long-term
general obligation bonds under provisions of law applicable to school
districts generally.
(2)
The management structure that will enable the school district to take
the actions enumerated in division (A)(1) of this section. The plan
shall specify the level of fiscal and management control that the
commission will exercise within the school district during the period
of fiscal emergency, and shall enumerate respectively, the powers and
duties of the commission and the powers and duties of the school
board during that period. The commission may elect to assume any of
the powers and duties of the school board it considers necessary,
including all powers related to personnel, curriculum, and legal
issues in order to successfully implement the actions described in
division (A)(1) of this section.
(3)
The target dates for the commencement, progress upon, and completion
of the actions enumerated in division (A)(1) of this section and a
reasonable period of time expected to be required to implement the
plan. The commission shall prepare a reasonable time schedule for
progress toward and achievement of the requirements for the plan, and
the plan shall be consistent with that time schedule.
(4)
The amount and purpose of any issue of debt obligations that will be
issued, together with assurances that any such debt obligations that
will be issued will not exceed debt limits supported by appropriate
certifications by the fiscal officer of the school district and the
county auditor. If the commission considers it necessary in order to
maintain or improve educational opportunities of pupils in the school
district, the plan may include a proposal to restructure or refinance
outstanding debt obligations incurred by the board
under
section 3313.483 of the Revised Code
contingent
upon the approval, during the period of the fiscal emergency, by
district voters of a tax levied under section 718.09, 718.10,
5705.194, 5705.21, 5748.02, 5748.08, or 5748.09 of the Revised Code
that is not a renewal levy, or a levy under section 5705.199 of the
Revised Code, and that will provide new operating revenue.
Notwithstanding any provision of Chapter 133.
or
sections 3313.483 to 3313.4810
of
the Revised Code, following the required approval of the district
voters and with the approval of the commission, the school district
may issue securities to evidence the restructuring or refinancing.
Those securities may extend the original period for repayment, not to
exceed ten years, and may alter the frequency and amount of
repayments, interest or other financing charges, and other terms of
agreements under which the debt originally was contracted, at the
discretion of the commission
,
provided that any loans received pursuant to section 3313.483 of the
Revised Code shall be paid from funds the district would otherwise
receive under Chapter 3317. of the Revised Code, as required under
division (E)(3) of section 3313.483 of the Revised Code
.
The securities issued for the purpose of restructuring or refinancing
the debt shall be repaid in equal payments and at equal intervals
over the term of the debt and are not eligible to be included in any
subsequent proposal for the purpose of restructuring or refinancing
debt under this section.
(5)
An evaluation of the feasibility of entering into shared services
agreements with other political subdivisions for the joint exercise
of any power, performance of any function, or rendering of any
service, if so authorized by statute.
(B)
Any financial recovery plan may be amended subsequent to its
adoption. Each financial recovery plan shall be updated annually.
(C)
Each school district financial planning and supervision commission
shall submit the financial recovery plan it adopts or updates under
this section to the director of education and workforce for approval
immediately following its adoption or updating. The director shall
evaluate the plan and either approve or disapprove it within thirty
calendar days from the date of its submission. If the plan is
disapproved, the director shall recommend modifications that will
render it acceptable. No financial planning and supervision
commission shall implement a financial recovery plan that is adopted
or updated on or after April 10, 2001, unless the director has
approved it.
Sec.
3316.14.
(A)
No debt obligation
,
including any debt incurred pursuant to section 3313.483 of the
Revised Code,
may be issued or incurred by the school district, whether purchased
by the school district or by others, except with the prior approval
of the school district financial planning and supervision commission.
(B)
The commission shall disapprove the issuance of debt obligations upon
a determination that, in its judgment, such action would impede the
purposes of a financial recovery plan under this chapter or be
inconsistent with this chapter or the plan.
(C)
The commission shall not approve the issuance of debt obligations
unless:
(1)
The resolution authorizing their issuance, the resolution providing
for their award, and every document forming part of the contract with
the purchasers of such debt obligations from the school district is
approved by the commission.
(2)
The resolution authorizing the debt obligations contains a covenant
to the effect that the school district will comply with all
provisions of this chapter, with the orders, directions, and requests
of the commission and the auditor of state under this chapter, and
with the financial recovery plan. The commission may prescribe the
form of the covenant.
(3)
The school district, at the time of such approval, is in compliance
with this chapter.
(D)
The commission shall not approve the issuance of a debt obligation if
the issuance would cause the school district to exceed debt limits.
(E)
For purposes of the validity of debt obligations approved by the
commission and delivered to and paid for by a purchaser other than
the school district, but for no other purposes of this chapter, such
approval shall be conclusive as to compliance with this section,
unless the approval is withdrawn by the commission prior to the
delivery and payment.
Sec.
3317.02.
As
used in this chapter:
(A)
"Alternative school" has the same meaning as in section
3313.974 of the Revised Code.
(B)
"Autism scholarship unit" means a unit that consists of all
of the students for whom autism scholarships are awarded under
section 3310.41 of the Revised Code.
(C)
For fiscal years 2026 and 2027, a district's "base cost enrolled
ADM" for a fiscal year means the greater of the following:
(1)
The district's enrolled ADM for the previous fiscal year;
(2)
The average of the district's enrolled ADM for the previous three
fiscal years.
(D)(1)
"Base cost per pupil" means the following for a city,
local, or exempted village school district:
(a)
For fiscal years 2026 and 2027, the aggregate base cost calculated
for that district for that fiscal year under section 3317.011 of the
Revised Code divided by the district's base cost enrolled ADM for
that fiscal year;
(b)
For fiscal year 2028 and each fiscal year thereafter, an amount
calculated in a manner determined by the general assembly.
(2)
"Base cost per pupil" means the following for a joint
vocational school district:
(a)
For fiscal years 2026 and 2027, the aggregate base cost calculated
for that district for that fiscal year under section 3317.012 of the
Revised Code divided by the district's base cost enrolled ADM for
that fiscal year;
(b)
For fiscal year 2028 and each fiscal year thereafter, an amount
calculated in a manner determined by the general assembly.
(E)(1)
"Category one career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(1) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(11) or
(D)(2)(h) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.
(2)
"Category two career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(2) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(12) or
(D)(2)(i) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.
(3)
"Category three career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(3) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(13) or
(D)(2)(j) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.
(4)
"Category four career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(4) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(14) or
(D)(2)(k) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.
(5)
"Category five career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(5) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(15) or
(D)(2)(l) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.
(F)(1)
"Category one English learner ADM" means the full-time
equivalent number of English learners described in division (A) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(16) or (D)(2)(m) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.
(2)
"Category two English learner ADM" means the full-time
equivalent number of English learners described in division (B) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(17) or (D)(2)(n) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.
(3)
"Category three English learner ADM" means the full-time
equivalent number of English learners described in division (C) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(18) or (D)(2)(o) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.
(G)(1)
"Category one special education ADM" means the full-time
equivalent number of children with disabilities receiving special
education services for the disability specified in division (A) of
section 3317.013 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(5) or (D)(2)(b) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(3) of section 3314.08 of the Revised
Code and division (C) of section 3326.32 of the Revised Code.
(2)
"Category two special education ADM" means the full-time
equivalent number of children with disabilities receiving special
education services for those disabilities specified in division (B)
of section 3317.013 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(6) or (D)(2)(c) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(3) of section 3314.08 of the Revised
Code and division (C) of section 3326.32 of the Revised Code.
(3)
"Category three special education ADM" means the full-time
equivalent number of students receiving special education services
for those disabilities specified in division (C) of section 3317.013
of the Revised Code, and, in the case of a funding unit that is a
city, local, exempted village, or joint vocational school district,
certified under division (B)(7) or (D)(2)(d) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.
(4)
"Category four special education ADM" means the full-time
equivalent number of students receiving special education services
for those disabilities specified in division (D) of section 3317.013
of the Revised Code and, in the case of a funding unit that is a
city, local, exempted village, or joint vocational school district,
certified under division (B)(8) or (D)(2)(e) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.
(5)
"Category five special education ADM" means the full-time
equivalent number of students receiving special education services
for the disabilities specified in division (E) of section 3317.013 of
the Revised Code and, in the case of a funding unit that is a city,
local, exempted village, or joint vocational school district,
certified under division (B)(9) or (D)(2)(f) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.
(6)
"Category six special education ADM" means the full-time
equivalent number of students receiving special education services
for the disabilities specified in division (F) of section 3317.013 of
the Revised Code and, in the case of a funding unit that is a city,
local, exempted village, or joint vocational school district
certified under division (B)(10) or (D)(2)(g) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.
(H)
"Community and STEM school unit" means a unit that consists
of all of the students enrolled in community schools established
under Chapter 3314. of the Revised Code and science, technology,
engineering, and mathematics schools established under Chapter 3326.
of the Revised Code.
(I)(1)
"Economically disadvantaged index for a school district"
means the following:
(a)
For fiscal years 2026 and 2027, the square of the quotient of that
district's percentage of students in its enrolled ADM who are
identified as economically disadvantaged as defined by the department
of education and workforce, divided by the percentage of students in
the statewide ADM identified as economically disadvantaged. For
purposes of this calculation:
(i)
For a city, local, or exempted village school district, the
"statewide ADM" equals the sum of the following:
(I)
The enrolled ADM for all city, local, and exempted village school
districts combined;
(II)
The statewide enrollment of students in community schools established
under Chapter 3314. of the Revised Code;
(III)
The statewide enrollment of students in science, technology,
engineering, and mathematics schools established under Chapter 3326.
of the Revised Code.
(ii)
For a joint vocational school district, the "statewide ADM"
equals the sum of the enrolled ADM for all joint vocational school
districts combined.
(b)
For fiscal year 2028 and each fiscal year thereafter, an index
calculated in a manner determined by the general assembly.
(2)
"Economically disadvantaged index for a community or STEM
school" means the following:
(a)
For fiscal years 2026 and 2027, the square of the quotient of the
percentage of students enrolled in the school who are identified as
economically disadvantaged as defined by the department, divided by
the percentage of students in the statewide ADM identified as
economically disadvantaged. For purposes of this calculation, the
"statewide ADM" equals the "statewide ADM" for
city, local, and exempted village school districts described in
division (I)(1)(a)(i) of this section.
(b)
For fiscal year 2028 and each fiscal year thereafter, an index
calculated in a manner determined by the general assembly.
(J)
"Educational choice scholarship unit" means a unit that
consists of all of the students for whom educational choice
scholarships are awarded under sections 3310.03 and 3310.032 of the
Revised Code.
(K)
"Enrolled ADM" means the following:
(1)
For a city, local, or exempted village school district, the
enrollment reported under division (A) of section 3317.03 of the
Revised Code, as verified by the department and adjusted if so
ordered under division (K) of that section, and as further adjusted
by the department, as follows:
(a)
Add the students described in division (A)(1)(b) of section 3317.03
of the Revised Code;
(b)
Subtract the students counted under divisions (A)(2)(a), (b), (d),
(g), (h),
and
(i)
,
and (j)
of section 3317.03 of the Revised Code;
(c)
Count only twenty per cent of the number of joint vocational school
district students counted under division (A)(3) of section 3317.03 of
the Revised Code;
(d)
Add twenty per cent of the number of students who are entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code and are enrolled in another school district under a
career-technical education compact;
(e)
Add twenty per cent of the number of students described in division
(A)(1)(b) of section 3317.03 of the Revised Code who enroll in a
joint vocational school district or under a career-technical
education compact.
(2)
For a joint vocational school district, the final number verified by
the department, based on the enrollment reported and certified under
division (D) of section 3317.03 of the Revised Code, as adjusted, if
so ordered, under division (K) of that section, and as further
adjusted by the department by adding the students described in
division (D)(1)(b) of section 3317.03 of the Revised Code;
(3)
For the community and STEM school unit, the sum of the number of
students reported as enrolled in community schools under divisions
(B)(1) and (2) of section 3314.08 of the Revised Code and the number
of students reported as enrolled in STEM schools under division (A)
of section 3326.32 of the Revised Code;
(4)
For the educational choice scholarship unit, the number of students
for whom educational choice scholarships are awarded under sections
3310.03 and 3310.032 of the Revised Code as reported under division
(A)(2)(g) of section 3317.03 of the Revised Code;
(5)
For the pilot project scholarship unit, the number of students for
whom pilot project scholarships are awarded under sections 3313.974
to 3313.979 of the Revised Code as reported under division (A)(2)(b)
of section 3317.03 of the Revised Code;
(6)
For the autism scholarship unit, the number of students for whom
autism scholarships are awarded under section 3310.41 of the Revised
Code as reported under division (A)(2)(h) of section 3317.03 of the
Revised Code;
(7)
For the Jon Peterson special needs scholarship unit, the number of
students for whom Jon Peterson special needs scholarships are awarded
under sections 3310.51 to 3310.64 of the Revised Code as reported
under division (A)(2)(h) of section 3317.03 of the Revised Code.
(L)(1)
"Formula ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code, as verified by the department
and adjusted if so ordered under division (K) of that section, and as
further adjusted by the department, as follows:
(a)
Count only twenty per cent of the number of joint vocational school
district students counted under division (A)(3) of section 3317.03 of
the Revised Code;
(b)
Add twenty per cent of the number of students who are entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code and are enrolled in another school district under a
career-technical education compact.
(2)
"Formula ADM" means, for a joint vocational school
district, the final number verified by the department, based on the
enrollment reported and certified under division (D) of section
3317.03 of the Revised Code, as adjusted, if so ordered, under
division (K) of that section.
(M)
"FTE basis" means a count of students based on full-time
equivalency, in accordance with rules adopted by the department
pursuant to section 3317.03 of the Revised Code. In adopting its
rules under this division, the department shall provide for counting
any student in category one, two, three, four, five, or six special
education ADM or in category one, two, three, four, or five
career-technical education ADM in the same proportion the student is
counted in enrolled ADM and formula ADM.
(N)
For fiscal years 2026 and 2027, "funding base" means, for a
city, local, or exempted village school district, the sum of the
following as calculated by the department:
(1)
The district's "general funding base," which equals the
amount calculated as follows:
(a)
Compute the sum of the following:
(i)
The amount calculated for the district for fiscal year 2020 under
division (A)(1) of Section 265.220 of H.B. 166 of the 133rd general
assembly after any adjustments required under Section 265.227 of H.B.
166 of the 133rd general assembly and prior to any funding reductions
authorized by Executive Order 2020-19D, "Implementing Additional
Spending Controls to Balance the State Budget" issued on May 7,
2020;
(ii)
For fiscal years 2026 and 2027, the district's payments for fiscal
year 2020 under divisions (C)(1), (3), and (4) of section 3313.981 of
the Revised Code as those divisions existed prior to September 30,
2021.
(b)
Subtract from the amount calculated in division (N)(1)(a) of this
section the sum of the following:
(i)
The following difference:
(The
amount paid to the district under division (A)(5) of section 3317.022
of the Revised Code, as that division existed prior to September 30,
2021, for fiscal year 2019) - (the amounts deducted from the district
and paid to a community school under division (C)(1)(e) of section
3314.08 of the Revised Code or a science, technology, engineering,
and mathematics school under division (E) of section 3326.33 of the
Revised Code as those divisions existed prior to September 30, 2021,
for fiscal year 2020 in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly)
(ii)
The payments deducted from the district and paid to a community
school for fiscal year 2020 under divisions (C)(1)(a), (b), (c), (d),
(e), (f), and (g) of section 3314.08 of the Revised Code as those
divisions existed prior to September 30, 2021, in accordance with
division (A) of Section 265.230 of H.B. 166 of the 133rd general
assembly;
(iii)
The payments deducted from the district and paid to a science,
technology, engineering, and mathematics school for fiscal year 2020
under divisions (A), (B), (C), (D), (E), (F), and (G) of section
3326.33 of the Revised Code as those divisions existed prior to
September 30, 2021, in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly;
(iv)
The payments deducted from the district under division (C) of section
3310.08 of the Revised Code as that division existed prior to
September 30, 2021, division (C)(2) of section 3310.41 of the Revised
Code as that division existed prior to September 30, 2021, and former
section 3310.55 of the Revised Code for fiscal year 2020 and, in the
case of a pilot project school district as defined in section
3313.975 of the Revised Code, the funds deducted from the district
under Section 265.210 of H.B. 166 of the 133rd general assembly to
operate the pilot project scholarship program for fiscal year 2020
under sections 3313.974 to 3313.979 of the Revised Code;
(v)
For fiscal years 2026 and 2027, the payments subtracted from the
district for fiscal year 2020 under divisions (B)(1) and (3) of
section 3313.981 of the Revised Code as those divisions existed prior
to September 30, 2021.
(2)
The district's "disadvantaged pupil impact aid funding base,"
which equals the following difference:
(The
amount paid to the district under division (A)(5) of section 3317.022
of the Revised Code, as that division existed prior to September 30,
2021, for fiscal year 2019) - (the amounts deducted from the district
and paid to a community school under division (C)(1)(e) of section
3314.08 of the Revised Code or a science, technology, engineering,
and mathematics school under division (E) of section 3326.33 of the
Revised Code as those divisions existed prior to September 30, 2021,
for fiscal year 2020 in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly)
(O)
For fiscal years 2026 and 2027, "funding base" means, for a
joint vocational school district, the sum of the following as
calculated by the department:
(1)
The district's "general funding base," which equals the
amount calculated as follows:
(a)
Compute the sum of the following:
(i)
The district's payments for fiscal year 2020 under Section 265.225 of
H.B. 166 of the 133rd general assembly after any adjustments required
under Section 265.227 of H.B. 166 of the 133rd general assembly;
(ii)
For fiscal years 2026 and 2027, the district's payments for fiscal
year 2020 under divisions (D)(1) and (2) of section 3313.981 of the
Revised Code as those divisions existed prior to September 30, 2021.
(b)
Subtract from the amount paid to the district under division (A)(3)
of section 3317.16 of the Revised Code, as that division existed
prior to September 30, 2021, for fiscal year 2019.
(2)
The district's "disadvantaged pupil impact aid funding base,"
which equals the amount paid to the district under division (A)(3) of
section 3317.16 of the Revised Code, as that division existed prior
to September 30, 2021, for fiscal year 2019.
(P)
For fiscal years 2026 and 2027, "funding base" for a
community school means the following:
(1)
For a community school that was in operation for the entirety of
fiscal year 2020, the amount paid to the school for that fiscal year
under division (C)(1) of section 3314.08 of the Revised Code as that
division existed prior to September 30, 2021, in accordance with
division (A) of Section 265.230 of H.B. 166 of the 133rd general
assembly and the amount, if any, paid to the school for that fiscal
year under section 3314.085 of the Revised Code in accordance with
division (B) of Section 265.230 of H.B. 166 of the 133rd general
assembly;
(2)
For a community school that was in operation for part of fiscal year
2020, the amount that would have been paid to the school for that
fiscal year under division (C)(1) of section 3314.08 of the Revised
Code as that division existed prior to September 30, 2021, in
accordance with division (A) of Section 265.230 of H.B. 166 of the
133rd general assembly if the school had been in operation for the
entirety of that fiscal year, as calculated by the department, and
the amount that would have been paid to the school for that fiscal
year under section 3314.085 of the Revised Code in accordance with
division (B) of Section 265.230 of H.B. 166 of the 133rd general
assembly, if any, if the school had been in operation for the
entirety of that fiscal year, as calculated by the department;
(3)
For a community school that was not in operation for fiscal year
2020, the amount that would have been paid to the school if it was in
operation for that school year under division (C)(1) of section
3314.08 of the Revised Code as that division existed prior to
September 30, 2021, in accordance with division (A) of Section
265.230 of H.B. 166 of the 133rd general assembly if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department, and the amount that would have been paid to the
school for that fiscal year under section 3314.085 of the Revised
Code in accordance with division (B) of Section 265.230 of H.B. 166
of the 133rd general assembly, if any, if the school had been in
operation for the entirety of that fiscal year, as calculated by the
department.
(Q)
For fiscal years 2026 and 2027, "funding base" for a STEM
school means the following:
(1)
For a science, technology, engineering, and mathematics school that
was in operation for the entirety of fiscal year 2020, the amount
paid to the school for that fiscal year under section 3326.33 of the
Revised Code as that section existed prior to September 30, 2021, in
accordance with division (A) of Section 265.235 of H.B. 166 of the
133rd general assembly and the amount, if any, paid to the school for
that fiscal year under section 3326.41 of the Revised Code in
accordance with division (B) of Section 265.235 of H.B. 166 of the
133rd general assembly;
(2)
For a science, technology, engineering, and mathematics school that
was in operation for part of fiscal year 2020, the amount that would
have been paid to the school for that fiscal year under section
3326.33 of the Revised Code as that section existed prior to
September 30, 2021, in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department, and the amount that would have been paid to the
school for that fiscal year under section 3326.41 of the Revised Code
in accordance with division (B) of Section 265.235 of H.B. 166 of the
133rd general assembly, if any, if the school had been in operation
for the entirety of that fiscal year, as calculated by the
department;
(3)
For a science, technology, engineering, and mathematics school that
was not in operation for fiscal year 2020, the amount that would have
been paid to the school if it was in operation for that school year
under section 3326.33 of the Revised Code as that section existed
prior to September 30, 2021, in accordance with division (A) of
Section 265.235 of H.B. 166 of the 133rd general assembly if the
school had been in operation for the entirety of that fiscal year, as
calculated by the department, and the amount that would have been
paid to the school for that fiscal year under section 3326.41 of the
Revised Code in accordance with division (B) of Section 265.235 of
H.B. 166 of the 133rd general assembly, if any, if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department.
(R)
"Funding unit" means any of the following:
(1)
A city, local, exempted village, or joint vocational school district;
(2)
The community and STEM school unit;
(3)
The educational choice scholarship unit;
(4)
The pilot project scholarship unit;
(5)
The autism scholarship unit;
(6)
The Jon Peterson special needs scholarship unit.
(S)
"Jon Peterson special needs scholarship unit" means a unit
that consists of all of the students for whom Jon Peterson
scholarships are awarded under sections 3310.51 to 3310.64 of the
Revised Code.
(T)
"Internet- or computer-based community school" has the same
meaning as in section 3314.02 of the Revised Code.
(U)
"LRE student with a disability" means a child with a
disability who has an individualized education program providing for
the student to spend more than half of each school day in a regular
school setting with nondisabled students. For purposes of this
division, "individualized education program" and "child
with a disability" have the same meanings as in section 3323.01
of the Revised Code, and "LRE" is an abbreviation for
"least restrictive environment."
(V)
"Medically fragile child" means a child to whom all of the
following apply:
(1)
The child requires the services of a doctor of medicine or
osteopathic medicine at least once a week due to the instability of
the child's medical condition.
(2)
The child requires the services of a registered nurse on a daily
basis.
(3)
The child is at risk of institutionalization in a hospital, skilled
nursing facility, or intermediate care facility for individuals with
intellectual disabilities.
(W)(1)
A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the department and if either of the following apply:
(a)
The child is identified as having a medical condition that is among
those listed by the department as conditions where a substantial
majority of cases fall within the definition of "medically
fragile child."
(b)
The child is determined by the department to be a medically fragile
child. A school district superintendent may petition the department
for a determination that a child is a medically fragile child.
(2)
A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the department but the child's condition does not meet
either of the conditions specified in division (W)(1)(a) or (b) of
this section.
(X)(1)
For fiscal years 2026 and 2027, a city, local, exempted village, or
joint vocational school district's, community school's, or STEM
school's "general phase-in percentage" is equal to the
percentage for that fiscal year that is determined by the general
assembly.
(2)
For fiscal years 2026 and 2027, a city, local, exempted village, or
joint vocational school district's "phase-in percentage for
disadvantaged pupil impact aid" is equal to the percentage for
that fiscal year that is determined by the general assembly.
(Y)
"Pilot project scholarship unit" means a unit that consists
of all of the students for whom pilot project scholarships are
awarded under sections 3313.974 to 3313.979 of the Revised Code.
(Z)
"Preschool child with a disability" means a child with a
disability, as defined in section 3323.01 of the Revised Code, who is
at least age three but is not of compulsory school age, as defined in
section 3321.01 of the Revised Code, and who is not currently
enrolled in kindergarten.
(AA)
"Related services" includes:
(1)
Child study, special education supervisors and coordinators, speech
and hearing services, adaptive physical development services,
occupational or physical therapy, teacher assistants for children
with disabilities whose disabilities are described in division (B) of
section 3317.013 or division (G)(3) of this section, behavioral
intervention, interpreter services, work study, nursing services, and
specialized integrative services as those terms are defined by the
department;
(2)
Speech and language services provided to any student with a
disability, including any student whose primary or only disability is
a speech and language disability;
(3)
Any related service not specifically covered by other state funds but
specified in federal law, including but not limited to, audiology and
school psychological services;
(4)
Any service included in units funded under former division (O)(1) of
section 3317.024 of the Revised Code;
(5)
Any other related service needed by children with disabilities in
accordance with their individualized education programs.
(BB)
"School district," unless otherwise specified, means city,
local, and exempted village school districts.
(CC)
"Separately educated student with a disability" has the
same meaning as in section 3313.974 of the Revised Code.
(DD)
"State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(EE)(1)
"State share percentage" means the following for a city,
local, or exempted village school district:
(a)
For fiscal years 2026 and 2027, the state share percentage calculated
under section 3317.017 of the Revised Code;
(b)
For fiscal year 2028 and each fiscal year thereafter, a percentage
calculated in a manner determined by the general assembly.
(2)
"State share percentage" means, for a joint vocational
school district, the district's state share percentage calculated
under section 3317.165 of the Revised Code.
(FF)
"Statewide average base cost per pupil" means the
following:
(1)
For fiscal years 2026 and 2027, the statewide average base cost per
pupil calculated under division (A) of section 3317.018 of the
Revised Code;
(2)
For fiscal year 2028 and each fiscal year thereafter, an amount
calculated in a manner determined by the general assembly.
(GG)
"Statewide average career-technical base cost per pupil"
means the following:
(1)
For fiscal years 2026 and 2027, the statewide average
career-technical base cost per pupil calculated under division (B) of
section 3317.018 of the Revised Code;
(2)
For fiscal year 2028 and each fiscal year thereafter, an amount
calculated in a manner determined by the general assembly.
(HH)
"STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.
(II)
"Taxes charged and payable" means the taxes charged and
payable against real and public utility property after making the
reduction required by section 319.301 of the Revised Code, plus the
taxes levied against tangible personal property.
(JJ)
For purposes of sections 3317.017 and 3317.165 of the Revised Code,
"three-year average valuation" for a fiscal year means the
average of total taxable value for the three most recent tax years
for which data is available, as certified under section 3317.021 of
the Revised Code.
(KK)
"Total ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code minus the enrollment reported
under divisions (A)(2)(a), (b), (g), (h), and (i) of that section, as
verified by the department and adjusted if so ordered under division
(K) of that section.
(LL)
"Total special education ADM" means the sum of categories
one through six special education ADM.
(MM)
"Total taxable value" means the sum of the amounts
certified for a city, local, exempted village, or joint vocational
school district under divisions (A)(1) and (2) of section 3317.021 of
the Revised Code.
(NN)
"Tuition discount" means any deduction from the base
tuition amount per student charged by a chartered nonpublic school,
to which the student's family is entitled due to one or more of the
following conditions:
(1)
The student's family has multiple children enrolled in the same
school.
(2)
The student's family is a member of or affiliated with a religious or
secular organization that provides oversight of the school or from
which the school has agreed to enroll students.
(3)
The student's parent is an employee of the school.
(4)
Some other qualification not based on the income of the student's
family or the student's athletic or academic ability and for which
all students in the school may qualify.
Sec.
3317.023.
(A)
The amounts required to be paid to a district under this chapter
shall be adjusted by the amount of the computations made under
divisions (B) to (K) of this section.
As
used in this section:
(1)
"Career-technical planning district" or "CTPD"
means a school district or group of school districts designated by
the department of education and workforce as being responsible for
the planning for and provision of career-technical education services
to students within the district or group. A community school
established under Chapter 3314. of the Revised Code or a STEM school
established under Chapter 3326. of the Revised Code that is serving
students in any of grades seven through twelve shall be assigned to a
career-technical planning district by the department.
(2)
"Lead district" means a school district, including a joint
vocational school district, designated by the department as a CTPD,
or designated to provide primary career-technical education
leadership within a CTPD composed of a group of districts, community
schools assigned to the CTPD, and STEM schools assigned to the CTPD.
(B)
If a local, city, or exempted village school district to which a
governing board of an educational service center provides services
pursuant to an agreement entered into under section 3313.843 of the
Revised Code, deduct the amount of the payment required for the
reimbursement of the governing board under that section.
(C)(1)
If the district is required to pay to or entitled to receive tuition
from another school district under division (C)(2) or (3) of section
3313.64 or section 3313.65 of the Revised Code, or if the department
is required to determine the correct amount of tuition and make a
deduction or credit under section 3317.08 of the Revised Code, deduct
and credit such amounts as provided in division (J) of section
3313.64 or section 3317.08 of the Revised Code.
(2)
For each child for whom the district is responsible for tuition or
payment under division (A)(1) of section 3317.082 or section 3323.091
of the Revised Code, deduct the amount of tuition or payment for
which the district is responsible.
(D)
If the district has been certified by the department under section
3313.90 of the Revised Code as not in compliance with the
requirements of that section, deduct an amount equal to ten per cent
of the amount computed for the district under this chapter.
(E)
This
division does not apply on or after the effective date of this
amendment.
If
the district has received a loan from a commercial lending
institution for which payments are made pursuant to
former
division
(E)(3) of section 3313.483 of the Revised Code
,
as that section existed prior to the effective date of this
amendment
,
deduct an amount equal to such payments.
(F)(1)
If the district is a party to an agreement entered into under
division (D), (E), or (F) of section 3311.06 or division (B) of
section 3311.24 of the Revised Code and is obligated to make payments
to another district under such an agreement, deduct an amount equal
to such payments if the district school board notifies the department
in writing that it wishes to have such payments deducted.
(2)
If the district is entitled to receive payments from another district
that has notified the department to deduct such payments under
division (F)(1) of this section, add the amount of such payments.
(G)
If the district is required to pay an amount of funds to a
cooperative education district pursuant to a provision described by
division (B)(4) of section 3311.52 or division (B)(8) of section
3311.521 of the Revised Code, deduct such amounts as provided under
that provision and credit those amounts to the cooperative education
district for payment to the district under division (B)(1) of section
3317.19 of the Revised Code.
(H)(1)
If a district is educating a student entitled to attend school in
another district pursuant to a shared education contract, compact, or
cooperative education agreement other than an agreement entered into
pursuant to section 3313.842 of the Revised Code, credit to that
educating district on an FTE basis both of the following:
(a)
An amount equal to the statewide average base cost per pupil.
(b)
Any amount applicable to the student pursuant to section 3317.013 or
3317.014 of the Revised Code.
(2)
Deduct any amount credited pursuant to division (H)(1) of this
section from amounts paid to the school district in which the student
is entitled to attend school pursuant to section 3313.64 or 3313.65
of the Revised Code.
(3)
If the district is required by a shared education contract, compact,
or cooperative education agreement to make payments to an educational
service center, deduct the amounts from payments to the district and
add them to the amounts paid to the service center.
(I)(1)
If a district, including a joint vocational school district, is a
lead district of a CTPD, credit to that district the amount
calculated for each school district within that CTPD under divisions
(D) and (E) of section 3317.014 of the Revised Code and for each
community school and STEM school assigned to the CTPD under divisions
(D) and (E) of section 3317.014 of the Revised Code.
(2)
Deduct from each appropriate district that is not a lead district, or
from the appropriate community school or STEM school, the amount
attributable to that district or school that is credited to a lead
district under division (I)(1) of this section.
(J)
If the department pays a joint vocational school district under
division (C)(3) of section 3317.16 of the Revised Code for excess
costs of providing special education and related services to a
student with a disability, as calculated under division (C)(1) of
that section, the department shall deduct the amount of that payment
from the city, local, or exempted village school district that is
responsible as specified in that section for the excess costs.
(K)(1)
If the district reports an amount of excess cost for special
education services for a child under division (C) of section 3323.14
of the Revised Code, the department shall pay that amount to the
district.
(2)
If the district reports an amount of excess cost for special
education services for a child under division (C) of section 3323.14
of the Revised Code, the department shall deduct that amount from the
district of residence of that child.
Sec.
3317.03.
(A)
The superintendent of each city, local, and exempted village school
district shall report to the department of education and workforce as
of the last day of October, March, and June of each year the
enrollment of students receiving services from schools under the
superintendent's supervision, and the numbers of other students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code the superintendent is required to report
under this section, so that the department can calculate the
district's enrolled ADM, formula ADM, total ADM, category one through
five career-technical education ADM, category one through three
English learner ADM, category one through six special education ADM,
transportation ADM, and, for purposes of provisions of law outside of
Chapter 3317. of the Revised Code, average daily membership.
(1)
The enrollment reported by the superintendent during the reporting
period shall consist of the number of students in grades kindergarten
through twelve receiving any educational services from the district,
except that the following categories of students shall not be
included in the determination:
(a)
Students enrolled in adult education classes;
(b)
Adjacent or other district students enrolled in the district under an
open enrollment policy pursuant to section 3313.98 of the Revised
Code;
(c)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in another district pursuant to section 3313.64 or
3313.65 of the Revised Code;
(d)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code;
(e)
Students receiving services in the district through a scholarship
awarded under either section 3310.41 or sections 3310.51 to 3310.64
of the Revised Code.
When
reporting students under division (A)(1) of this section, the
superintendent also shall report the district where each student is
entitled to attend school pursuant to sections 3313.64 and 3313.65 of
the Revised Code.
(2)
The department shall compile a list of all students reported to be
enrolled in a district under division (A)(1) of this section and of
the students entitled to attend school in the district pursuant to
section 3313.64 or 3313.65 of the Revised Code on an FTE basis but
receiving educational services in grades kindergarten through twelve
from one or more of the following entities:
(a)
A community school pursuant to Chapter 3314. of the Revised Code,
including any participation in a college pursuant to Chapter 3365. of
the Revised Code while enrolled in such community school;
(b)
An alternative school pursuant to sections 3313.974 to 3313.979 of
the Revised Code;
(c)
A college pursuant to Chapter 3365. of the Revised Code, except when
the student is enrolled in the college while also enrolled in a
community school pursuant to Chapter 3314.
,
or
a science, technology, engineering, and mathematics school
established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code;
(d)
An adjacent or other school district under an open enrollment policy
adopted pursuant to section 3313.98 of the Revised Code;
(e)
An educational service center or cooperative education district;
(f)
Another school district under a cooperative education agreement,
compact, or contract;
(g)
A chartered nonpublic school with a scholarship paid under section
3317.022 of the Revised Code, if the students qualified for the
scholarship under section 3310.03 or 3310.032 of the Revised Code;
(h)
An alternative public provider or a registered private provider with
a scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
As
used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in
section 3310.41 or 3310.51 of the Revised Code, as applicable.
(i)
A science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code, including any
participation in a college pursuant to Chapter 3365. of the Revised
Code while enrolled in the school
;
(j)
A college-preparatory boarding school established under Chapter 3328.
of the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in the
school
.
(3)
The department also shall compile a list of the students entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code who are enrolled in a joint vocational school district
or under a career-technical education compact, excluding any students
so entitled to attend school in the district who are enrolled in
another school district through an open enrollment policy as reported
under division (A)(2)(d) of this section and then enroll in a joint
vocational school district or under a career-technical education
compact.
The
department shall provide each city, local, and exempted village
school district with an opportunity to review the list of students
compiled under divisions (A)(2) and (3) of this section to ensure
that the students reported accurately reflect the enrollment of
students in the district.
(B)
To enable the department to obtain the data needed to complete the
calculation of payments pursuant to this chapter, each superintendent
shall certify from the reports provided by the department under
division (A) of this section all of the following:
(1)
The total student enrollment in regular learning day classes included
in the report under division (A)(1) or (2), including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, of this section for each of the individual grades
kindergarten through twelve in schools under the superintendent's
supervision;
(2)
The unduplicated count of the number of preschool children with
disabilities enrolled in the district for whom the district is
eligible to receive funding under section 3317.0213 of the Revised
Code adjusted for the portion of the year each child is so enrolled,
in accordance with the disability categories prescribed in section
3317.013 of the Revised Code;
(3)
The number of children entitled to attend school in the district
pursuant to section 3313.64 or 3313.65 of the Revised Code who are:
(a)
Enrolled in a college under Chapter 3365. of the Revised Code, except
when the student is enrolled in the college while also enrolled in a
community school pursuant to Chapter 3314. of the Revised Code,
or
a science, technology, engineering, and mathematics school
established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code;
(b)
Participating in a program operated by a county board of
developmental disabilities or a state institution.
(4)
The total enrollment of pupils in joint vocational schools;
(5)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for the
category one disability described in division (A) of section 3317.013
of the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;
(6)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for category
two disabilities described in division (B) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;
(7)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for category
three disabilities described in division (C) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;
(8)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for category
four disabilities described in division (D) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;
(9)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for the
category five disabilities described in division (E) of section
3317.013 of the Revised Code, including children attending a special
education program operated by an alternative public provider or a
registered private provider with a scholarship awarded under sections
3310.51 to 3310.64 of the Revised Code;
(10)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, receiving special education services for category
six disabilities described in division (F) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under either section
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, in category one career-technical education programs
or classes, described in division (A)(1) of section 3317.014 of the
Revised Code, operated by the school district or by another district
that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;
(12)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, in category two career-technical education programs
or services, described in division (A)(2) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;
(13)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, in category three career-technical education
programs or services, described in division (A)(3) of section
3317.014 of the Revised Code, operated by the school district or
another school district that is a member of the district's
career-technical planning district, other than a joint vocational
school district, or by an educational service center, notwithstanding
division (M) of section 3317.02 of the Revised Code and division
(C)(3) of this section;
(14)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, in category four career-technical education programs
or services, described in division (A)(4) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;
(15)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section, in category five career-technical education programs
or services, described in division (A)(5) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;
(16)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (A) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section;
(17)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (B) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section;
(18)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (C) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section;
(19)
The average number of children transported during the reporting
period by the school district on board-owned or contractor-owned and
-operated buses, reported in accordance with rules adopted by the
department;
(20)(a)
The number of children, other than preschool children with
disabilities, the district placed with a county board of
developmental disabilities in fiscal year 1998. Division (B)(20)(a)
of this section does not apply after fiscal year 2013.
(b)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for the category one disability described
in division (A) of section 3317.013 of the Revised Code;
(c)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category two disabilities described in
division (B) of section 3317.013 of the Revised Code;
(d)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category three disabilities described
in division (C) of section 3317.013 of the Revised Code;
(e)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category four disabilities described
in division (D) of section 3317.013 of the Revised Code;
(f)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for the category five disabilities
described in division (E) of section 3317.013 of the Revised Code;
(g)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category six disabilities described in
division (F) of section 3317.013 of the Revised Code.
(21)
The enrollment of students who are economically disadvantaged, as
defined by the department, including any student described in
divisions (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h),
and
(i)
,
and (j)
of this section. A student shall not be categorically excluded from
the number reported under division (B)(21) of this section based on
anything other than family income.
(22)
The enrollment of students identified as gifted under division (A),
(B), (C), or (D) of section 3324.03 of the Revised Code.
(C)(1)
The department shall adopt rules necessary for implementing divisions
(A), (B), and (D) of this section.
(2)
A student enrolled in a community school established under Chapter
3314.
,
or
a science, technology, engineering, and mathematics school
established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code shall be counted in the formula ADM of the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code for the same
proportion of the school year that the student is counted in the
enrollment of the community school
,
or
the science, technology, engineering, and mathematics school
,
or the college-preparatory boarding school
for purposes of section 3317.022
or
3328.24
of
the Revised Code. Notwithstanding the enrollment of students reported
pursuant to division (A)(2)(a)
,
or
(i)
,
or (j)
of this section, the department may adjust the formula ADM of a
school district to account for students entitled to attend school in
the district under section 3313.64 or 3313.65 of the Revised Code who
are enrolled in a community school
,
or
a science, technology, engineering, and mathematics school
,
or a college-preparatory boarding school
for only a portion of the school year.
(3)
No child shall be counted as more than a total of one child in the
sum of the enrollment of students of a school district under division
(A), divisions (B)(1) to (22), or division (D) of this section,
except as follows:
(a)(i)
A child with a disability described in section 3317.013 of the
Revised Code may be counted both in formula ADM and in category one,
two, three, four, five, or six special education ADM and, if
applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (M) of
section 3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM in
the same proportion that the child is counted in formula ADM.
(ii)
A child with a disability described in section 3317.013 of the
Revised Code may be counted both in enrolled ADM and in category one,
two, three, four, five, or six special education ADM and, if
applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (M) of
section 3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM in
the same proportion that the child is counted in enrolled ADM.
(b)(i)
A child enrolled in career-technical education programs or classes
described in section 3317.014 of the Revised Code may be counted both
in formula ADM and category one, two, three, four, or five
career-technical education ADM and, if applicable, in category one,
two, three, four, five, or six special education ADM. Such a child
shall be counted in category one, two, three, four, or five
career-technical education ADM in the same proportion as the
percentage of time that the child spends in the career-technical
education programs or classes.
(ii)
A child enrolled in career-technical education programs or classes
described in section 3317.014 of the Revised Code may be counted both
in enrolled ADM and category one, two, three, four, or five
career-technical education ADM and, if applicable, in category one,
two, three, four, five, or six special education ADM. Such a child
shall be counted in category one, two, three, four, or five
career-technical education ADM in the same proportion as the
percentage of time that the child spends in the career-technical
education programs or classes.
(4)
Based on the information reported under this section, the department
shall determine the total student count, as defined in section
3301.011 of the Revised Code, for each school district.
(D)(1)
The superintendent of each joint vocational school district shall
report and certify to the department as of the last day of October,
March, and June of each year the enrollment of students receiving
services from schools under the superintendent's supervision so that
the department can calculate the district's enrolled ADM, formula
ADM, total ADM, category one through five career-technical education
ADM, category one through three English learner ADM, category one
through six special education ADM, and for purposes of provisions of
law outside of Chapter 3317. of the Revised Code, average daily
membership.
The
enrollment reported and certified by the superintendent, except as
otherwise provided in this division, shall consist of the number of
students in grades six through twelve receiving any educational
services from the district, except that the following categories of
students shall not be included in the determination:
(a)
Students enrolled in adult education classes;
(b)
Adjacent or other district joint vocational students enrolled in the
district under an open enrollment policy pursuant to section 3313.98
of the Revised Code;
(c)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in a city, local, or exempted village school
district whose territory is not part of the territory of the joint
vocational district;
(d)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code.
(2)
To enable the department to obtain the data needed to complete the
calculation of payments pursuant to this chapter, each superintendent
shall certify from the report provided under division (D)(1) of this
section the enrollment for each of the following categories of
students:
(a)
Students enrolled in each individual grade included in the joint
vocational district schools, including any student described in
division (D)(1)(b) of this section;
(b)
Children with disabilities receiving special education services for
the category one disability described in division (A) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(c)
Children with disabilities receiving special education services for
the category two disabilities described in division (B) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(d)
Children with disabilities receiving special education services for
category three disabilities described in division (C) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(e)
Children with disabilities receiving special education services for
category four disabilities described in division (D) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(f)
Children with disabilities receiving special education services for
the category five disabilities described in division (E) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(g)
Children with disabilities receiving special education services for
category six disabilities described in division (F) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;
(h)
Students receiving category one career-technical education services,
described in division (A)(1) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;
(i)
Students receiving category two career-technical education services,
described in division (A)(2) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;
(j)
Students receiving category three career-technical education
services, described in division (A)(3) of section 3317.014 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;
(k)
Students receiving category four career-technical education services,
described in division (A)(4) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;
(l)
Students receiving category five career-technical education services,
described in division (A)(5) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;
(m)
English learners described in division (A) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;
(n)
English learners described in division (B) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;
(o)
English learners described in division (C) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;
(p)
Students who are economically disadvantaged, as defined by the
department, including any student described in division (D)(1)(b) of
this section. A student shall not be categorically excluded from the
number reported under division (D)(2)(p) of this section based on
anything other than family income.
The
superintendent of each joint vocational school district shall also
indicate the city, local, or exempted village school district in
which each joint vocational district pupil is entitled to attend
school pursuant to section 3313.64 or 3313.65 of the Revised Code.
(E)
In each school of each city, local, exempted village, joint
vocational, and cooperative education school district there shall be
maintained a record of school enrollment, which record shall
accurately show, for each day the school is in session, the actual
enrollment in regular day classes. For the purpose of determining the
enrollment of students, the enrollment figure of any school shall not
include any pupils except those pupils described by division (A) or
(D) of this section. The record of enrollment for each school shall
be maintained in such manner that no pupil shall be counted as
enrolled prior to the actual date of entry in the school and also in
such manner that where for any cause a pupil permanently withdraws
from the school that pupil shall not be counted as enrolled from and
after the date of such withdrawal. There shall not be included in the
enrollment of any school any of the following:
(1)
Any pupil who has graduated from the twelfth grade of a public or
nonpublic high school;
(2)
Any pupil who is not a resident of the state;
(3)
Any pupil who was enrolled in the schools of the district during the
previous school year when assessments were administered under section
3301.0711 of the Revised Code but did not take one or more of the
assessments required by that section and was not excused pursuant to
division (C)(1) or (3) of that section;
(4)
Any pupil who has attained the age of twenty-two years, except for
veterans of the armed services whose attendance was interrupted
before completing the recognized twelve-year course of the public
schools by reason of induction or enlistment in the armed forces and
who apply for reenrollment in the public school system of their
residence not later than four years after termination of war or their
honorable discharge;
(5)
Any pupil who has a certificate of high school equivalence as defined
in section 5107.40 of the Revised Code.
If,
however, any veteran described by division (E)(4) of this section
elects to enroll in special courses organized for veterans for whom
tuition is paid under the provisions of federal laws, or otherwise,
that veteran shall not be included in the enrollment of students
determined under this section.
Notwithstanding
division (E)(3) of this section, the enrollment of any school may
include a pupil who did not take an assessment required by section
3301.0711 of the Revised Code if the department of education and
workforce grants a waiver from the requirement to take the assessment
to the specific pupil and a parent is not paying tuition for the
pupil pursuant to section 3313.6410 of the Revised Code. The
department may grant such a waiver only for good cause in accordance
with rules adopted by the department.
The
enrolled ADM, formula ADM, total ADM, category one through five
career-technical education ADM, category one through three English
learner ADM, category one through six special education ADM,
transportation ADM, and, for purposes of provisions of law outside of
Chapter 3317. of the Revised Code, average daily membership of any
school district shall be determined in accordance with rules adopted
by the department.
(F)(1)
If a student attending a community school under Chapter 3314.
,
or
a science, technology, engineering, and mathematics school
established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code is not included in the formula ADM calculated for
the school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code, the department
shall adjust the formula ADM of that school district to include the
student in accordance with division (C)(2) of this section.
(2)
If a student awarded an educational choice scholarship is not
included in the formula ADM of the school district in which the
student resides, the department shall adjust the formula ADM of that
school district to include the student.
(3)
If a student awarded a scholarship under the Jon Peterson special
needs scholarship program is not included in the formula ADM of the
school district in which the student resides, the department shall
adjust the formula ADM of that school district to include the
student.
(G)(1)(a)
The superintendent of an institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall, for
the programs under such superintendent's supervision, certify to the
department, in the manner prescribed by the director of education and
workforce, both of the following:
(i)
The unduplicated count of the number of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of disability
described in divisions (A) to (F) of section 3317.013 of the Revised
Code adjusted for the portion of the year each child is so enrolled;
(ii)
The unduplicated count of the number of all preschool children with
disabilities in classes or programs for whom the district is eligible
to receive funding under section 3317.0213 of the Revised Code
adjusted for the portion of the year each child is so enrolled,
reported according to the categories prescribed in section 3317.013
of the Revised Code.
(b)
The superintendent of an institution with career-technical education
units approved under section 3317.05 of the Revised Code shall, for
the units under the superintendent's supervision, certify to the
department the enrollment in those units, in the manner prescribed by
the director of education and workforce.
(2)
The superintendent of each county board of developmental disabilities
that maintains special education classes under section 3317.20 of the
Revised Code or provides services to preschool children with
disabilities pursuant to an agreement between the county board and
the appropriate school district shall do both of the following:
(a)
Certify to the department, in the manner prescribed by the
department, the enrollment in classes under section 3317.20 of the
Revised Code for each school district that has placed children in the
classes;
(b)
Certify to the department, in the manner prescribed by the
department, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which the board is
eligible to receive funding under section 3317.0213 of the Revised
Code adjusted for the portion of the year each child is so enrolled,
reported according to the categories prescribed in section 3317.013
of the Revised Code, and the number of those classes.
(H)
Except as provided in division (I) of this section, when any city,
local, or exempted village school district provides instruction for a
nonresident pupil whose attendance is unauthorized attendance as
defined in section 3327.06 of the Revised Code, that pupil's
enrollment shall not be included in that district's enrollment figure
used in calculating the district's payments under this chapter. The
reporting official shall report separately the enrollment of all
pupils whose attendance in the district is unauthorized attendance,
and the enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department.
(I)
This division shall not apply on or after September 30, 2021.
(1)
A city, local, exempted village, or joint vocational school district
admitting a scholarship student of a pilot project district pursuant
to division (C) of section 3313.976 of the Revised Code may count
such student in its enrollment.
(2)
In any year for which funds are appropriated for pilot project
scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year pursuant
to sections 3313.974 to 3313.979 of the Revised Code may count in its
enrollment:
(a)
All children residing in the district and utilizing a scholarship to
attend kindergarten in any alternative school, as defined in section
3313.974 of the Revised Code;
(b)
All children who were enrolled in the district in the preceding year
who are utilizing a scholarship to attend an alternative school.
(J)
The superintendent of each cooperative education school district
shall certify to the director of education and workforce, in a manner
prescribed by the department, the applicable enrollments for all
students in the cooperative education district, also indicating the
city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(K)
If the director of education and workforce determines that a
component of the enrollment certified or reported by a district
superintendent, or other reporting entity, is not correct, the
director of education and workforce may order that the district's
enrolled ADM, formula ADM, or both be adjusted in the amount of the
error.
Sec.
3317.18.
(A)
As used in this section, the terms "Chapter 133. securities,"
"credit enhancement facilities," "debt charges,"
"general obligation," "legislation," "public
obligations," and "securities" have the same meanings
as in section 133.01 of the Revised Code.
(B)
The board of education of any school district authorizing the
issuance of securities under section 133.10 or 3313.372 of the
Revised Code or general obligation Chapter 133. securities may adopt
legislation requesting the department of education and workforce to
approve, and enter into an agreement with the school district and the
primary paying agent or fiscal agent for such securities providing
for, the withholding and deposit of funds, otherwise due the district
under Chapter 3317. of the Revised Code, for the payment of debt
service charges on such securities.
The
board of education shall deliver to the state department a copy of
such resolution and any additional pertinent information the
department may require.
The
department and the office of budget and management shall evaluate
each request received from a school district under this section and
the department, with the advice and consent of the director of budget
and management, shall approve or deny each request based on all of
the following:
(1)
Whether approval of the request will enhance the marketability of the
securities for which the request is made;
(2)
Any other pertinent factors or limitations established in rules made
under division (I) of this section, including:
(a)
Current and projected obligations of funds due to the requesting
school district under Chapter 3317. of the Revised Code including
obligations of those funds to public obligations or relevant credit
enhancement facilities under this section, Chapter 133.
and
section 3313.483
of
the Revised Code, and under any other similar provisions of law;
(b)
Whether the department of education and workforce or the office of
budget and management has any reason to believe the requesting school
district will be unable to pay when due the debt charges on the
securities for which the request is made.
The
department may require a school district to establish schedules for
the payment of all debt charges that take into account the amount and
timing of anticipated distributions of funds to the district under
Chapter 3317. of the Revised Code.
(C)
If the department approves the request of a school district to
withhold and deposit funds pursuant to this section, the department
shall enter into a written agreement with the district and the
primary paying agent or fiscal agent for the securities which shall
provide for the withholding of funds pursuant to this section for the
payment of debt charges on those securities, and may include both of
the following:
(1)
Provisions for certification by the district to the department, at a
time prior to any date for the payment of applicable debt charges,
whether the district is able to pay those debt charges when due;
(2)
Requirements that the district deposit amounts for the payment of
debt charges on the securities with the primary paying agent or
fiscal agent for the securities prior to the date on which those debt
charge payments are due to the owners or holders of the securities.
(D)
Whenever a district notifies the department that it will be unable to
pay debt charges when they are due, subject to the withholding
provisions of this section, or whenever the applicable paying agent
or fiscal agent notifies the department that it has not timely
received from a school district the full amount needed for the
payment when due of those debt charges to the holders or owners of
such securities, the department shall immediately contact the school
district and the paying agent or fiscal agent to confirm or determine
whether the district is unable to make the required payment by the
date on which it is due.
Upon
demand of the treasurer of state while holding a school district
obligation purchased under division (G)(1) of section 135.143 of the
Revised Code, the department, without a request of the school
district, shall withhold and deposit funds pursuant to this section
for payment of debt service charges on that obligation.
If
the department confirms or determines that the district will be
unable to make such payment and payment will not be made pursuant to
a credit enhancement facility, the department shall promptly pay to
the applicable primary paying agent or fiscal agent the lesser of the
amount due for debt charges or the amount due the district for the
remainder of the fiscal year under Chapter 3317. of the Revised Code.
If this amount is insufficient to pay the total amount then due the
agent for the payment of debt charges, the department shall pay to
the agent each fiscal year thereafter, and until the full amount due
the agent for unpaid debt charges is paid in full, the lesser of the
remaining amount due the agent for debt charges or the amount due the
district for the fiscal year under Chapter 3317. of the Revised Code.
(E)
The department may make any payments under this division by direct
deposit of funds by electronic transfer.
Any
amount received by a paying agent or fiscal agent under this section
shall be applied only to the payment of debt charges on the
securities of the school district subject to this section or to the
reimbursement to the provider of a credit enhancement facility that
has paid such debt charges.
(F)
To the extent a school district whose securities are subject to this
section is unable to pay applicable debt charges because of the
failure to collect property taxes levied for the payment of those
debt charges, the district may transfer to or deposit into any fund
that would have received payments under Chapter 3317. of the Revised
Code that were withheld under this section any such delinquent
property taxes when later collected, provided that transfer or
deposit shall be limited to the amounts withheld from that fund under
this section.
(G)
The department may make payments under this section to paying agents
or fiscal agents only from and to the extent that money is
appropriated by the general assembly for Chapter 3317. of the Revised
Code or for the purposes of this section. No securities of a school
district to which this section is made applicable constitute an
obligation or a debt or a pledge of the faith, credit, or taxing
power of the state, and the holders or owners of such securities have
no right to have taxes levied or appropriations made by the general
assembly for the payment of debt charges on those securities, and
those securities, if the department requires, shall contain a
statement to that effect. The agreement for or the actual withholding
and payment of moneys under this section does not constitute the
assumption by the state of any debt of a school district.
(H)
In the case of securities subject to the withholding provisions of
this section, the issuing board of education shall appoint a paying
agent or fiscal agent who is not an officer or employee of the school
district.
(I)
The department, with the advice of the office of budget and
management, may adopt reasonable rules not inconsistent with this
section for the implementation of this section and division (B) of
section 133.25 of the Revised Code as it relates to the withholding
and depositing of payments under Chapter 3317. of the Revised Code to
secure payment of debt charges on school district securities. Those
rules shall include criteria for the evaluation and approval or
denial of school district requests for withholding under this section
and limits on the obligation for the purpose of paying debt charges
or reimbursing credit enhancement facilities of funds otherwise to be
paid to school districts under Chapter 3317. of the Revised Code.
(J)
The authority granted by this section is in addition to and not a
limitation on any other authorizations granted by or pursuant to law
for the same or similar purposes.
Sec.
3317.25.
(A)
As used in this section, "disadvantaged pupil impact aid"
means the following:
(1)
For a city, local, or exempted village school district, the funds
received under division (A)(4)(a) of section 3317.022 of the Revised
Code;
(2)
For a joint vocational school district, the funds received under
division (A)(3) of section 3317.16 of the Revised Code;
(3)
For a community school established under Chapter 3314. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code;
(4)
For a STEM school established under Chapter 3326. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code.
(B)(1)
For fiscal years 2026 and 2027, a city, local, exempted village, or
joint vocational school district, community school, or STEM school
shall spend the disadvantaged pupil impact aid it receives for any of
the following initiatives or a combination of any of the following
initiatives:
(a)
Extended school day and school year;
(b)
Reading improvement and intervention that is aligned with the science
of reading and evidence-based strategies for effective literacy
instruction;
(c)
Instructional technology or blended learning;
(d)
Professional development in the science of reading and evidence-based
strategies for effective literacy instruction for teachers of
students in kindergarten through third grade;
(e)
Dropout prevention;
(f)
School safety and security measures;
(g)
Community learning centers that address barriers to learning;
(h)
Academic interventions for students in any of grades six through
twelve;
(i)
Employment of an individual who has successfully completed the bright
new leaders for Ohio schools program as a principal or an assistant
principal under section 3319.272 of the Revised Code;
(j)
Mental health services, including telehealth services,
community-based behavioral health services, and recovery supports;
(k)
Culturally appropriate, evidence-based or evidence-informed
prevention services, including youth-led programming and curricula to
promote mental health and prevent substance use and suicide, and
trauma-informed services;
(l)
Services for homeless youth;
(m)
Services for child welfare involved youth;
(n)
Community liaisons or programs that connect students to community
resources, including behavioral wellness coordinators and city
connects, communities in schools, and other similar programs;
(o)
Physical health care services, including telehealth services and
community-based health services;
(p)
Family engagement and support services;
(q)
Student services provided prior to or after the regularly scheduled
school day or any time school is not in session, including mentoring
programs.
(2)
For fiscal year 2028 and each fiscal year thereafter, each city,
local, exempted village, and joint vocational school district,
community school, and STEM school shall spend the disadvantaged pupil
impact aid it receives for one or more initiatives specified by the
general assembly.
(C)(1)
For fiscal years 2026 and 2027, each city, local, exempted village,
and joint vocational school district, community school, and STEM
school that is subject to the requirements of this section shall
develop a plan for utilizing the disadvantaged pupil impact aid it
receives in coordination with at least one of the following community
partners:
(a)
A board of alcohol, drug addiction, and mental health services
established under Chapter 340. of the Revised Code;
(b)
An educational service center;
(c)
A county board of developmental disabilities;
(d)
A community mental health prevention or treatment provider;
(e)
A board of health of a city or general health district;
(f)
A county department of job and family services;
(g)
A nonprofit organization with experience serving children;
(h)
A public hospital agency.
(2)
For fiscal year 2028 and each fiscal year thereafter, each city,
local, exempted village, and joint vocational school district,
community school, and STEM school that is subject to the requirements
of this section shall develop a plan for utilizing the disadvantaged
pupil impact aid it receives in the manner specified by the general
assembly, if the general assembly requires city, local, exempted
village, and joint vocational school districts, community schools,
and STEM schools to develop such a plan.
(D)
After
the end of each fiscal year, each city, local, exempted village, or
joint vocational school district, community school, and STEM school
shall submit a report to the department of education and workforce
describing the initiative or initiatives on which the district's or
school's disadvantaged pupil impact aid were spent during that fiscal
year. For fiscal years 2026 and 2027, this report shall be submitted
in a manner prescribed by the department and shall also describe the
amount of money that was spent on each initiative.
(E)
Starting in 2015, the department shall submit a report of the
information it receives under division (C) of this section to the
general assembly not later than the first day of December of each
odd-numbered year in accordance with section 101.68 of the Revised
Code.
Not
later than the thirty-first day of October of each year, the
department of education and workforce shall publish on its web site
the total disadvantaged pupil impact aid each district and school
received for the prior school year and each district's and school's
expenditures of those funds. The department shall develop a uniform
mechanism for districts and schools to report this data.
Sec.
3319.2310.
(A)
As used in this section, "other public school" has the same
meaning as in section 3301.0711 of the Revised Code.
(B)
The department of education and workforce shall do
both
of
the
following:
(1)
Maintain a training course for licensed educators that serves as an
introduction to the science of reading;
(2)
Develop a competency-based training course for licensed educators
that updates and reinforces educators' knowledge and skills in the
science of reading
;
(3)
Develop a list of approved training courses that are more rigorous
than the course described in division (B)(2) of this section that may
be taken in place of the course described under division (B)(2) of
this section if an individual chooses
.
(C)
Each individual employed by a school district or other public school
as a teacher, administrator, school psychologist, or speech-language
pathologist shall complete training in the science of reading in
accordance with division (C) of this section.
(1)
An individual hired by the district or other public school as a
teacher or administrator prior to July 1, 2025, shall complete the
training described in division (B)(2)
of
this section or a training from the list described in division (B)(3)
of
this section by June 30, 2030, and every five years thereafter.
(2)
An individual hired by the district or other public school as a
teacher or administrator on or after July 1, 2025, shall complete the
training described in division (B)(1) of this section within one year
after the date of hire and shall complete the training described in
division (B)(2)
of
this section or a training from the list described in division (B)(3)
of
this section every five years thereafter. However, an individual
shall not be required to complete the training described in division
(B)(1) of this section if the district superintendent or head
administrator of the other public school has verified that the
individual did either of the following within five years prior to the
date of hire:
(a)
Completed that training or a similar training, as determined by the
department;
(b)
Completed appropriate coursework in the science of reading as part of
the individual's educator or licensure preparation program.
(3)
An individual employed by the district or other public school as a
school psychologist or speech-language pathologist shall complete the
training described in division (B)(1) of this section by June 30,
2027, and shall complete the training described in division (B)(2)
of
this section or a training from the list described in division (B)(3)
of
this section every five years thereafter.
(D)
A professional development committee established under section
3319.22 of the Revised Code shall count training described in
division (B) of this section toward professional development
requirements for educator licensure renewal. The committee shall
permit an individual to apply any hours earned over the minimum
amount of hours required for professional development coursework for
licensure renewal to the next renewal period for that license.
Sec.
3319.265.
(A)
Notwithstanding any provision of the Revised Code to the contrary,
the state board of education shall add additional grade levels to an
individual's valid alternative resident educator license to authorize
the individual to provide instruction at any grade level from
pre-kindergarten to twelve or any combination of grade levels as
assigned by the individual's employing district based on local
staffing needs if the following conditions are satisfied:
(1)
The employing district informs the state board of education that due
to local staffing needs, the district plans to assign the educator to
a grade level outside of the educator's current license.
(2)
The educator is teaching a subject area aligned with any of the
following:
(a)
The educator's bachelor's degree;
(b)
The educator's graduate degree;
(c)
The educator's professional experience;
(d)
Demonstrated subject content competency through a passing score on a
subject content examination as determined by the state board of
education.
(3)
The educator possesses the knowledge, skills, and professional
capacity necessary to instruct students at the assigned grade level.
(4)
The educator completes any required pedagogical training prescribed
by the state board within the timeframes established for alternative
resident educator license holders.
(B)
The employing district's assignment decisions shall satisfy grade
band licensure requirements otherwise established in statute or rule.
(C)
This section supersedes any conflicting grade band licensure
restrictions contained elsewhere in the Revised Code or
administrative rule for individuals holding an alternative resident
educator license.
Sec.
3319.31.
(A)
As used in this section and sections 3123.41 to 3123.50 and 3319.311
of the Revised Code, "license" means a certificate,
license, or permit described in this chapter or in division (B) of
section 3301.071 or in section 3301.074 of the Revised Code or a
registration described in division (B) of section 3302.151, section
3310.411, or section 3319.221 of the Revised Code.
(B)
For any of the following reasons, the state board of education,
except as provided in division (H) of this section and in accordance
with Chapter 119. and section 3319.311 of the Revised Code, may
refuse to issue a license to an applicant; may limit a license it
issues to an applicant; may suspend, revoke, or limit a license that
has been issued to any person; or may revoke a license that has been
issued to any person and has expired:
(1)
Engaging in an immoral act, incompetence, negligence, or conduct that
is unbecoming to the applicant's or person's position;
(2)
A plea of guilty to, a finding of guilt by a jury or court of, or a
conviction of any of the following:
(a)
A felony other than a felony listed in division (C) of this section;
(b)
An offense of violence other than an offense of violence listed in
division (C) of this section;
(c)
A theft offense, as defined in section 2913.01 of the Revised Code,
other than a theft offense listed in division (C) of this section;
(d)
A drug abuse offense, as defined in section 2925.01 of the Revised
Code, that is not a minor misdemeanor, other than a drug abuse
offense listed in division (C) of this section;
(e)
A violation of an ordinance of a municipal corporation that is
substantively comparable to an offense listed in divisions (B)(2)(a)
to (d) of this section.
(3)
A judicial finding of eligibility for intervention in lieu of
conviction under section 2951.041 of the Revised Code, or agreeing to
participate in a pre-trial diversion program under section 2935.36 of
the Revised Code, or a similar diversion program under rules of a
court, for any offense listed in division (B)(2) or (C) of this
section;
(4)
Failure to comply with section 3314.40, 3319.313, 3326.24,
3328.19,
5126.253,
or 5502.262 of the Revised Code;
(5)
Purposely using or intentionally releasing information that is
confidential under state or federal law concerning a student or
student's family members for purposes other than student instruction
in violation of the licensure code of professional conduct for Ohio
educators developed by the state board of education.
(C)
Upon learning of a plea of guilty to, a finding of guilt by a jury or
court of, or a conviction of any of the offenses listed in this
division by a person who holds a current or expired license or is an
applicant for renewal of a license, the state board or the
superintendent of public instruction, if the state board has
delegated the duty pursuant to division (D) of this section, shall by
a written order revoke the person's license or deny renewal of the
license to the person. The state board or the superintendent shall
revoke a license that has been issued to a person to whom this
division applies and has expired in the same manner as a license that
has not expired.
Revocation
of a license or denial of renewal of a license under this division is
effective immediately at the time and date that the board or
superintendent issues the written order and is not subject to appeal
in accordance with Chapter 119. of the Revised Code. Revocation of a
license or denial of renewal of license under this division remains
in force during the pendency of an appeal by the person of the plea
of guilty, finding of guilt, or conviction that is the basis of the
action taken under this division.
The
state board or superintendent shall take the action required by this
division for a violation of division (B)(1), (2), (3), or (4) of
section 2919.22 of the Revised Code; a violation of section 2903.01,
2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.15,
2903.18,
2905.01,
2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07,
2907.071,
2907.21,
2907.22, 2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311,
2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02,
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,
2913.44, 2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12,
2919.121, 2919.13,
2919.25,
2921.02,
2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 2921.41, 2923.122,
2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24,
2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 of the Revised Code; a
violation of section 2907.231 of the Revised Code unless the offender
was coerced into committing a violation of that section; a violation
of section 2905.04 of the Revised Code as it existed prior to July 1,
1996; a violation of section 2919.23 of the Revised Code that would
have been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed prior
to that date; felonious sexual penetration in violation of former
section 2907.12 of the Revised Code; or a violation of an ordinance
of a municipal corporation that is substantively comparable to an
offense listed in this paragraph.
(D)
The state board may delegate to the superintendent of public
instruction the authority to revoke a person's license or to deny
renewal of a license to a person under division (C) or (F) of this
section.
(E)(1)
If the plea of guilty, finding of guilt, or conviction that is the
basis of the action taken under division (B)(2) or (C) of this
section, or under the version of division (F) of section 3319.311 of
the Revised Code in effect prior to September 12, 2008, is overturned
on appeal, upon exhaustion of the criminal appeal, the clerk of the
court that overturned the plea, finding, or conviction or, if
applicable, the clerk of the court that accepted an appeal from the
court that overturned the plea, finding, or conviction, shall notify
the state board that the plea, finding, or conviction has been
overturned. Within thirty days after receiving the notification, the
state board shall initiate proceedings to reconsider the revocation
or denial of the person's license in accordance with division (E)(2)
of this section. In addition, the person whose license was revoked or
denied may file with the state board a petition for reconsideration
of the revocation or denial along with appropriate court documents.
(2)
Upon receipt of a court notification or a petition and supporting
court documents under division (E)(1) of this section, the state
board, after offering the person an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code, shall determine
whether the person committed the act in question in the prior
criminal action against the person that is the basis of the
revocation or denial and may continue the revocation or denial, may
reinstate the person's license, with or without limits, or may grant
the person a new license, with or without limits. The decision of the
board shall be based on grounds for revoking, denying, suspending, or
limiting a license adopted by rule under division (G) of this section
and in accordance with the evidentiary standards the board employs
for all other licensure hearings. The decision of the board under
this division is subject to appeal under Chapter 119. of the Revised
Code.
(3)
A person whose license is revoked or denied under division (C) of
this section shall not apply for any license if the plea of guilty,
finding of guilt, or conviction that is the basis of the revocation
or denial, upon completion of the criminal appeal, either is upheld
or is overturned but the state board continues the revocation or
denial under division (E)(2) of this section and that continuation is
upheld on final appeal.
(F)
The state board may take action under division (B) of this section,
and the state board or the superintendent shall take the action
required under division (C) of this section, on the basis of
substantially comparable conduct occurring in a jurisdiction outside
this state or occurring before a person applies for or receives any
license.
(G)
The state board may adopt rules in accordance with Chapter 119. of
the Revised Code to carry out this section and section 3319.311 of
the Revised Code.
(H)
The state board shall not refuse to issue a license to an applicant
because of a conviction of, a plea of guilty to, or a finding of
guilt by a jury or court of an offense unless the refusal is in
accordance with section 9.79 of the Revised Code.
Sec.
3319.311.
(A)(1)
The state board of education, or the superintendent of public
instruction on behalf of the board, may investigate any information
received about a person that reasonably appears to be a basis for
action under section 3319.31 of the Revised Code, including
information received pursuant to section 3314.40, 3319.291, 3319.313,
3326.24,
3328.19,
5126.253,
or 5153.176 of the Revised Code. Except as provided in division
(A)(2) of this section, the board shall contract with the office of
the Ohio attorney general to conduct any investigation of that
nature. The board shall pay for the costs of the contract only from
moneys in the occupational licensing and regulatory fund established
in section 4743.05 of the Revised Code. Except as provided in
division (A)(2) of this section, all information received pursuant to
section 3314.40, 3319.291, 3319.313, 3326.24,
3328.19,
5126.253,
or 5153.176 of the Revised Code, and all information obtained during
an investigation is confidential and is not a public record under
section 149.43 of the Revised Code. If an investigation is conducted
under this division regarding information received about a person and
no action is taken against the person under this section or section
3319.31 of the Revised Code within two years of the completion of the
investigation, all records of the investigation shall be expunged.
(2)
In the case of a person about whom the board has learned of a plea of
guilty to, finding of guilt by a jury or court of, or a conviction of
an offense listed in division (C) of section 3319.31 of the Revised
Code, or substantially comparable conduct occurring in a jurisdiction
outside this state, the board or the superintendent of public
instruction need not conduct any further investigation and shall take
the action required by division (C) or (F) of that section. Except as
provided in division (G) of this section, all information obtained by
the board or the superintendent of public instruction pertaining to
the action is a public record under section 149.43 of the Revised
Code.
(B)
The superintendent of public instruction shall review the results of
each investigation of a person conducted under division (A)(1) of
this section and shall determine, on behalf of the state board,
whether the results warrant initiating action under division (B) of
section 3319.31 of the Revised Code. The superintendent shall advise
the board of such determination at a meeting of the board. Within
fourteen days of the next meeting of the board, any member of the
board may ask that the question of initiating action under section
3319.31 of the Revised Code be placed on the board's agenda for that
next meeting. Prior to initiating that action against any person, the
person's name and any other personally identifiable information shall
remain confidential.
(C)
The board shall take no action against a person under division (B) of
section 3319.31 of the Revised Code without providing the person with
written notice of the charges and with an opportunity for a hearing
in accordance with Chapter 119. of the Revised Code.
(D)
For purposes of an investigation under division (A)(1) of this
section or a hearing under division (C) of this section or under
division (E)(2) of section 3319.31 of the Revised Code, the board, or
the superintendent on behalf of the board, may administer oaths,
order the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and the production of books, accounts,
papers, records, documents, and testimony. The issuance of subpoenas
under this division may be by certified mail, regular mail with a
certificate of mailing, or other form of delivery with proof of
delivery, including electronic delivery with electronic proof of
delivery, or personal delivery to the person.
(E)
The superintendent, on behalf of the board, may enter into a consent
agreement with a person against whom action is being taken under
division (B) of section 3319.31 of the Revised Code. The board may
adopt rules governing the superintendent's action under this
division.
(F)
No surrender of a license shall be effective until the board takes
action to accept the surrender unless the surrender is pursuant to a
consent agreement entered into under division (E) of this section.
(G)
The name of any person who is not required to report information
under section 3314.40, 3319.313, 3326.24,
3328.19,
5126.253,
or 5153.176 of the Revised Code, but who in good faith provides
information to the state board or superintendent of public
instruction about alleged misconduct committed by a person who holds
a license or has applied for issuance or renewal of a license, shall
be confidential and shall not be released. Any such person shall be
immune from any civil liability that otherwise might be incurred or
imposed for injury, death, or loss to person or property as a result
of the provision of that information.
(H)(1)
No person shall knowingly make a false report to the superintendent
of public instruction or the state board of education alleging
misconduct by an employee of a public or chartered nonpublic school
or an employee of the operator of a community school established
under Chapter 3314.
or
a college-preparatory boarding school established under Chapter 3328.
of
the Revised Code.
(2)(a)
In any civil action brought against a person in which it is alleged
and proved that the person violated division (H)(1) of this section,
the court shall award the prevailing party reasonable attorney's fees
and costs that the prevailing party incurred in the civil action or
as a result of the false report that was the basis of the violation.
(b)
If a person is convicted of or pleads guilty to a violation of
division (H)(1) of this section, if the subject of the false report
that was the basis of the violation was charged with any violation of
a law or ordinance as a result of the false report, and if the
subject of the false report is found not to be guilty of the charges
brought against the subject as a result of the false report or those
charges are dismissed, the court that sentences the person for the
violation of division (H)(1) of this section, as part of the
sentence, shall order the person to pay restitution to the subject of
the false report, in an amount equal to reasonable attorney's fees
and costs that the subject of the false report incurred as a result
of or in relation to the charges.
Sec.
3319.319.
The
appointing or hiring officer of a school district or school located
in Ohio or another state may request from the state board of
education any report received under sections section 3314.40,
3319.313, 3326.24,
3328.19,
or
5126.253 of the Revised Code regarding an individual who is under
consideration for employment by the district or school. If the
superintendent of public instruction has received a report under any
of those sections regarding the individual, the state superintendent
shall provide the contents of the report to the requesting officer.
Upon provision of the contents of the report to the requesting
officer, the state superintendent shall notify the officer that the
information provided is confidential and may not be disseminated to
any other person or entity.
If
the state superintendent provides the contents of a report to an
appointing or hiring officer under this section, the state
superintendent shall document the information provided in the record
of any investigation undertaken pursuant to section 3319.311 of the
Revised Code based on the report. Such documentation shall include a
list of the information provided, the date the information was
provided, and the name and contact information of the appointing or
hiring officer to whom the information was provided.
Sec.
3319.39.
(A)(1)
Except as provided in division (F)(2)(b) of section 109.57 of the
Revised Code, the appointing or hiring officer of the board of
education of a school district, the governing board of an educational
service center, or of a chartered nonpublic school shall request the
superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to any
applicant who has applied to the school district, educational service
center, or school for employment in any position. The appointing or
hiring officer shall request that the superintendent include
information from the federal bureau of investigation in the criminal
records check, unless all of the following apply to the applicant:
(a)
The applicant is applying to be an instructor of adult education.
(b)
The duties of the position for which the applicant is applying do not
involve routine interaction with a child or regular responsibility
for the care, custody, or control of a child or, if the duties do
involve such interaction or responsibility, during any period of time
in which the applicant, if hired, has such interaction or
responsibility, another employee of the school district, educational
service center, or chartered nonpublic school will be present in the
same room with the child or, if outdoors, will be within a
thirty-yard radius of the child or have visual contact with the
child.
(c)
The applicant presents proof that the applicant has been a resident
of this state for the five-year period immediately prior to the date
upon which the criminal records check is requested or provides
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau of
investigation in a criminal records check.
(2)
A person required by division (A)(1) of this section to request a
criminal records check shall provide to each applicant a copy of the
form prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code, provide to each applicant a standard impression sheet
to obtain fingerprint impressions prescribed pursuant to division
(C)(2) of section 109.572 of the Revised Code, obtain the completed
form and impression sheet from each applicant, and forward the
completed form and impression sheet to the superintendent of the
bureau of criminal identification and investigation at the time the
person requests a criminal records check pursuant to division (A)(1)
of this section.
(3)
An applicant who receives pursuant to division (A)(2) of this section
a copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and a copy of an impression sheet
prescribed pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions shall complete the form or provide all the information
necessary to complete the form and shall provide the impression sheet
with the impressions of the applicant's fingerprints. If an
applicant, upon request, fails to provide the information necessary
to complete the form or fails to provide impressions of the
applicant's fingerprints, the board of education of a school
district, governing board of an educational service center, or
governing authority of a chartered nonpublic school shall not employ
that applicant for any position.
(4)
Notwithstanding any provision of this section to the contrary, an
applicant who meets the conditions prescribed in divisions (A)(1)(a)
and (b) of this section and who, within the two-year period prior to
the date of application, was the subject of a criminal records check
under this section prior to being hired for short-term employment
with the school district, educational service center, or chartered
nonpublic school to which application is being made shall not be
required to undergo a criminal records check prior to the applicant's
rehiring by that district, service center, or school.
(B)(1)
Except as provided in rules adopted by the state board of education
in accordance with division (E) of this section and as provided in
division (B)(3) of this section, no board of education of a school
district, no governing board of an educational service center, and no
governing authority of a chartered nonpublic school shall employ a
person if the person previously has been convicted of or pleaded
guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16,
2903.18,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07,
2907.071,
2907.08,
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the
Revised Code,
a
violation of section 2907.231 of the Revised Code unless the offender
was coerced into committing a violation of that section,
a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of the
Revised Code that is not a minor drug possession offense, or
felonious sexual penetration in violation of former section 2907.12
of the Revised Code;
(b)
A violation of an existing or former law of this state, another
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (B)(1)(a) of this
section.
(2)
A board, governing board of an educational service center, or a
governing authority of a chartered nonpublic school may employ an
applicant conditionally until the criminal records check required by
this section is completed and the board or governing authority
receives the results of the criminal records check. If the results of
the criminal records check indicate that, pursuant to division (B)(1)
of this section, the applicant does not qualify for employment, the
board or governing authority shall release the applicant from
employment.
(3)
No board and no governing authority of a chartered nonpublic school
shall employ a teacher who previously has been convicted of or
pleaded guilty to any of the offenses listed in section 3319.31 of
the Revised Code.
(C)(1)
Each board and each governing authority of a chartered nonpublic
school shall pay to the bureau of criminal identification and
investigation the fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for each criminal records check
conducted in accordance with that section upon the request pursuant
to division (A)(1) of this section of the appointing or hiring
officer of the board or governing authority.
(2)
A board and the governing authority of a chartered nonpublic school
may charge an applicant a fee for the costs it incurs in obtaining a
criminal records check under this section. A fee charged under this
division shall not exceed the amount of fees the board or governing
authority pays under division (C)(1) of this section. If a fee is
charged under this division, the board or governing authority shall
notify the applicant at the time of the applicant's initial
application for employment of the amount of the fee and that, unless
the fee is paid, the board or governing authority will not consider
the applicant for employment.
(D)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request under division
(A)(1) of this section is not a public record for the purposes of
section 149.43 of the Revised Code and shall not be made available to
any person other than the applicant who is the subject of the
criminal records check or the applicant's representative, the board
or governing authority requesting the criminal records check or its
representative, and any court, hearing officer, or other necessary
individual involved in a case dealing with the denial of employment
to the applicant.
(E)
The state board shall adopt rules pursuant to Chapter 119. of the
Revised Code to implement this section, including rules specifying
circumstances under which the board or governing authority may hire a
person who has been convicted of an offense listed in division (B)(1)
or (3) of this section but who meets standards in regard to
rehabilitation set by the state board. Any rules adopted by the state
board under this division regarding the employment of a person
holding a certificate, license, or permit described in this chapter
or in division (B) of section 3301.071 or in section 3301.074 of the
Revised Code shall comply with section 9.79 of the Revised Code.
The
state board shall amend rule 3301-83-23 of the Ohio Administrative
Code that took effect August 27, 2009, and that specifies the
offenses that disqualify a person for employment as a school bus or
school van driver and establishes rehabilitation standards for school
bus and school van drivers.
(F)
Any person required by division (A)(1) of this section to request a
criminal records check shall inform each person, at the time of the
person's initial application for employment, of the requirement to
provide a set of fingerprint impressions and that a criminal records
check is required to be conducted and satisfactorily completed in
accordance with section 109.572 of the Revised Code if the person
comes under final consideration for appointment or employment as a
precondition to employment for the school district, educational
service center, or school for that position.
(G)
As used in this section:
(1)
"Applicant" means a person who is under final consideration
for appointment or employment in a position with a board of
education, governing board of an educational service center, or a
chartered nonpublic school, except that "applicant" does
not include a person already employed by a board or chartered
nonpublic school who is under consideration for a different position
with such board or school.
(2)
"Teacher" means a person holding an educator license or
permit issued under section 3319.22 or 3319.301 of the Revised Code
and teachers in a chartered nonpublic school.
(3)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.
(4)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.
(H)
If the board of education of a local school district adopts a
resolution requesting the assistance of the educational service
center in which the local district has territory in conducting
criminal records checks of substitute teachers and substitutes for
other district employees under this section, the appointing or hiring
officer of such educational service center shall serve for purposes
of this section as the appointing or hiring officer of the local
board in the case of hiring substitute teachers and other substitute
employees for the local district.
Sec.
3319.393.
(A)
Each school district and chartered nonpublic school shall include the
following notice in boldface type in each employment application:
"ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS A
MISDEMEANOR OF THE FIRST DEGREE."
(B)(1)
Each district and chartered nonpublic school shall consult the
"educator profile" database maintained on the web site of
the state board of education prior to making any hiring decision.
(2)
After consulting the "educator profile" database, a
district or chartered nonpublic school may further discern the
employment, disciplinary, or criminal record of an applicant for
employment in either or both of the following ways:
(a)
Consulting the state board of education's office of professional
conduct in accordance with section 3319.319 of the Revised Code to
determine whether the individual has been the subject of either:
(i)
Any notice to the superintendent of public instruction under section
3314.40, 3319.313, 3326.24,
3328.19,
or
5126.253 of the Revised Code;
(ii)
Any disciplinary actions conducted by the state board.
(b)
Consulting any prior education-related employers of the individual.
(3)
A district or chartered nonpublic school may require additional
background checks other than the criminal records checks authorized
under sections 109.574 to 109.577 of the Revised Code or those
required under section 3319.39 or 3319.391 of the Revised Code for
any applicant for employment or potential volunteer.
(C)
A district or chartered nonpublic school may conditionally employ an
individual pending the receipt of information sought in accordance
with division (B)(2) of this section. Should that information
indicate that the individual has engaged in conduct unbecoming to the
teaching profession or has committed an offense that prevents,
limits, or otherwise affects the applicant's employment with the
district or school, the district or chartered nonpublic school may
release the individual from employment.
Sec.
3320.02.
(A)
A student enrolled in a public school may engage in religious
expression before, during, and after school hours in the same manner
and to the same extent that a student is permitted to engage in
secular activities or expression before, during, and after school
hours.
(B)
A school district, community school established under Chapter 3314.,
or
STEM
school established under Chapter 3326.
,
or a college-preparatory boarding school established under Chapter
3328.
of the Revised Code shall give the same access to school facilities
to students who wish to conduct a meeting for the purpose of engaging
in religious expression as is given to secular student groups,
without regard to the content of a student's or group's expression.
Sec.
3320.03.
No
school district board of education, governing authority of a
community school established under Chapter 3314. of the Revised Code,
or
governing
body of a STEM school established under Chapter 3326. of the Revised
Code
,
or board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code
shall prohibit a student from engaging in religious expression in the
completion of homework, artwork, or other written or oral
assignments. Assignment grades and scores shall be calculated using
ordinary academic standards of substance and relevance, including any
legitimate pedagogical concerns, and shall not penalize or reward a
student based on the religious content of a student's work.
Sec.
3325.08.
(A)
A diploma shall be granted by the superintendent of Ohio deaf and
blind education services to any student enrolled in the state school
for the blind or the state school for the deaf to whom all of the
following apply:
(1)
The student has successfully completed the curriculum in any high
school or the individualized education program developed for the
student for the student's high school education pursuant to section
3323.08 of the Revised Code;
(2)
Subject to section 3313.614 of the Revised Code, the student has met
the assessment requirements of division
(A)(2)(a)
or (b)
(A)(2)
of this section, as applicable.
(a)
If the student entered the ninth grade prior to July 1, 2014, the
student either:
(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments prescribed by that division unless division (L) of
section 3313.61 of the Revised Code applies to the student;
(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(b)
If the student entered the ninth grade on or after July 1, 2014, the
The
student
has met the requirement prescribed by section 3313.618 of the Revised
Code, except to the extent that division
(L)
(K)
of section 3313.61 of the Revised Code applies to the student.
(3)
The student is not eligible to receive an honors diploma granted
pursuant to division (B) of this section.
No
diploma shall be granted under this division to anyone except as
provided under this division.
(B)
In lieu of a diploma granted under division (A) of this section, the
superintendent of Ohio deaf and blind education services shall grant
an honors diploma, in the same manner that the boards of education of
school districts grant such diplomas under division (B) of section
3313.61 of the Revised Code, to any student enrolled in the state
school for the blind or the state school for the deaf who
accomplishes all of the following:
(1)
Successfully completes the curriculum in any high school or the
individualized education program developed for the student for the
student's high school education pursuant to section 3323.08 of the
Revised Code;
(2)
Subject to section 3313.614 of the Revised Code, has met the
assessment
requirements
of division (B)(2)(a) or (b) of this section, as applicable.
(a)
If the student entered the ninth grade prior to July 1, 2014, the
student either:
(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments prescribed under that division;
(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.
(b)
If the student entered the ninth grade on or after July 1, 2014, the
student has met the
requirement
prescribed by section 3313.618 of the Revised Code.
(3)
Has met additional criteria for granting an honors diploma.
These
additional criteria shall be the same as those prescribed by the
department of education and workforce under division (B) of section
3313.61 of the Revised Code for the granting of such diplomas by
school districts. No honors diploma shall be granted to anyone
failing to comply with this division and not more than one honors
diploma shall be granted to any student under this division.
(C)
A diploma or honors diploma awarded under this section shall be
signed by the director of education and workforce and the
superintendent of Ohio deaf and blind education services. Each
diploma shall bear the date of its issue and be in such form as the
superintendent of Ohio deaf and blind education services prescribes.
(D)
Upon granting a diploma to a student under this section, the
superintendent of Ohio deaf and blind education services shall
provide notice of receipt of the diploma to the board of education of
the school district where the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code when not
residing at the state school for the blind or the state school for
the deaf. The notice shall indicate the type of diploma granted.
Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024,
3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61, 3313.611,
3313.614,
3313.615,
3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411,
3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668,
3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,
3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112,
3313.7117, 3313.7118, 3313.721, 3313.753, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86,
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21,
3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39,
3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3319.90,
3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05,
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307.,
3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised
Code as if it were a school district.
Sec.
3327.014.
The
board of education of a city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy authorizing the district superintendent or other district
administrative personnel as provided in the policy to suspend a
student only from school bus riding privileges for a period of time
as provided in the policy. A policy adopted under this section shall
provide a student notice of an intended suspension under the policy
and an opportunity to appear before the district superintendent or
other district personnel as provided in the policy before a
suspension under the policy is imposed. If a board of education
adopts a policy under this section, the board shall post the policy
in a central location in each school building of the district
or on the district's web site
and make it available to students upon request.
Sec.
3331.02.
(A)
The superintendent of schools or the chief administrative officer, as
appropriate pursuant to section 3331.01 of the Revised Code, shall
not issue an age and schooling certificate until the superintendent
or chief administrative officer has received, examined, approved, and
filed the following papers duly executed:
(1)
The written pledge or promise of the person, partnership, or
corporation to legally employ the child, and for this purpose work
performed by a minor, directly and exclusively for the benefit of
such minor's parent, in the farm home or on the farm of such parent
is legal employment, irrespective of any contract of employment, or
the absence thereof, to permit the child to attend school as provided
in section 3321.08 of the Revised Code, and give notice of the nonuse
of an age and schooling certificate within five days from the date of
the child's withdrawal or dismissal from the service of that person,
partnership, or corporation, giving the reasons for such withdrawal
or dismissal;
(2)
The child's school record or notification. As used in this division,
a "school record" means documents properly filled out and
signed by the person in charge of the school which the child last
attended, giving the recorded age of the child, the child's address,
standing in studies, rating in conduct, and attendance in days during
the school year of the child's last attendance; "notification"
means the information submitted to the superintendent by the parent
of a child exempt from attendance at school pursuant to section
3321.042 of the Revised Code.
(3)
Evidence of the age of the child as follows:
(a)
A certified copy of an original birth record or a certification of
birth, issued in accordance with Chapter 3705. of the Revised Code,
or by an officer charged with the duty of recording births in another
state or country, shall be conclusive evidence of the age of the
child;
(b)
In the absence of such birth record or certification of birth, a
passport, or duly attested transcript thereof, showing the date and
place of birth of the child, filed with a register of passports at a
port of entry of the United States; or an attested transcript of the
certificate of birth or baptism or other religious record, showing
the date and place of birth of the child, shall be conclusive
evidence of the age of the child;
(c)
In case none of the above proofs of age can be produced, other
documentary evidence, except the affidavit of the parent, guardian,
or custodian, satisfactory to the superintendent or chief
administrative officer may be accepted in lieu thereof;
(d)
In case no documentary proof of age can be procured, the
superintendent or chief administrative officer may receive and file
an application signed by the parent, guardian, or custodian of the
child that a medical certificate be secured to establish the
sufficiency of the age of the child, which application shall state
the alleged age of the child, the place and date of birth, the
child's present residence, and such further facts as may be of
assistance in determining the age of the child, and shall certify
that the person signing the application is unable to obtain any of
the documentary proofs specified in divisions (A)(3)(a), (b), and (c)
of this section; and if the superintendent or chief administrative
officer is satisfied that a reasonable effort to procure such
documentary proof has been without success such application shall be
granted and the certificate of the school physician or if there be
none, of a physician, a physician assistant, a clinical nurse
specialist, or a certified nurse practitioner employed by the board
of education, that said physician, physician assistant, clinical
nurse specialist, or certified nurse practitioner is satisfied that
the child is above the age required for an age and schooling
certificate as stated in section 3331.01 of the Revised Code, shall
be accepted as sufficient evidence of age.
(4)
A certificate, including an athletic certificate of examination, from
a physician licensed pursuant to Chapter 4731. of the Revised Code, a
physician assistant, a clinical nurse specialist, or a certified
nurse practitioner, or from the district health commissioner, showing
after a thorough examination that the child is physically fit to be
employed in such occupations as are not prohibited by law for a boy
or girl, as the case may be, under eighteen years of age; but a
certificate with "limited" written, printed, marked, or
stamped thereon may be furnished by such physician, physician
assistant, clinical nurse specialist, or certified nurse practitioner
and accepted by the superintendent or chief administrative officer in
issuing a "limited" age and schooling certificate provided
in section 3331.06 of the Revised Code, showing that the child is
physically fit to be employed in some particular occupation not
prohibited by law for a boy or girl of such child's age, as the case
may be, even if the child's complete physical ability to engage in
such occupation cannot be vouched for.
(5)
A minor work hour notification form described in division (D) of this
section that is signed by the child's parent or legal guardian.
(B)(1)
Except as provided in division (B)(2) of this section, a physical
fitness certificate described in division (A)(4) of this section is
valid for purposes of that division while the child remains employed
in job duties of a similar nature as the job duties for which the
child last was issued an age and schooling certificate. The
superintendent or chief administrative officer who issues an age and
schooling certificate shall determine whether job duties are similar
for purposes of this division.
(2)
A "limited" physical fitness certificate described in
division (A)(4) of this section is valid for one year.
(C)
The superintendent of schools or the chief administrative officer
shall require a child who resides out of this state to file all the
information required under division (A) of this section. The
superintendent of schools or the chief administrative officer shall
evaluate the information filed and determine whether to issue the age
and schooling certificate using the same standards as those the
superintendent or officer uses for in-state children.
(D)
The director of commerce shall create, and make available to the
public, a minor work hour notification form that provides notice of
the hours a minor may work in accordance with section 4109.07 of the
Revised Code. The director shall include on the form a space for a
child's parent or legal guardian to provide a signature. By signing
the form, the parent or guardian acknowledges that the parent or
guardian has received notice of the information on the form.
Sec.
3333.041.
(A)
On or before the last day of December of each year, the chancellor of
higher education shall submit to the governor and, in accordance with
section 101.68 of the Revised Code, the general assembly a report or
reports concerning all of the following:
(1)
The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution of
higher education and the percentage of each district's graduates
enrolled in a state institution of higher education during the
reporting period who were required during such period by the college
or university, as a prerequisite to enrolling in those courses
generally required for first-year students, to enroll in a remedial
course in English, including composition or reading, mathematics, and
any other area designated by the chancellor. The chancellor also
shall make the information described in division (A)(1) of this
section available to the board of education of each city, exempted
village, and local school district.
Each
state institution of higher education shall, by the first day of
November of each year, submit to the chancellor in the form specified
by the chancellor the information the chancellor requires to compile
the report.
(2)
The following information with respect to the Ohio tuition trust
authority:
(a)
The name of each investment manager that is a minority business
enterprise or a women's business enterprise with which the chancellor
contracts;
(b)
The amount of assets managed by investment managers that are minority
business enterprises or women's business enterprises, expressed as a
percentage of assets managed by investment managers with which the
chancellor has contracted;
(c)
Efforts by the chancellor to increase utilization of investment
managers that are minority business enterprises or women's business
enterprises.
(3)
The chancellor's strategy in assigning choose Ohio first
scholarships, as established under section 3333.61 of the Revised
Code, among state universities and colleges and how the actual awards
fit that strategy.
(B)
On or before the fifteenth day of February of each year, the
chancellor shall submit to the governor and, in accordance with
section 101.68 of the Revised Code, the general assembly a report
concerning aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised Code
or the alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code
.
The chancellor shall aggregate the data by graduating class for each
approved teacher preparation program, except that if a particular
class has ten or fewer graduates to which this division applies, the
chancellor shall report the data for a group of classes over a
three-year period. In no case shall the report identify any
individual graduate. The department of education and workforce shall
share any data necessary for the report with the chancellor.
(C)
As used in this section:
(1)
"Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.
(2)
"State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.
(3)
"State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(4)
"Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint venture
of any kind, that is owned and controlled by women who are United
States citizens and residents of this state.
Sec.
3333.048.
(A)
The chancellor of higher education, in consultation with the director
of education and workforce, shall, in accordance with Chapter 119. of
the Revised Code, establish metrics for the preparation of educators
and other school personnel and the institutions of higher education
that are engaged in their preparation. The metrics to be used in
educator preparation programs shall do all of the following:
(1)
Be aligned with the standards and qualifications for educator
licenses adopted by the state board of education under section
3319.22 of the Revised Code and the requirements of the Ohio teacher
residency program established under section 3319.223 of the Revised
Code;
(2)
Ensure that educators and other school personnel are adequately
prepared to use the value-added progress dimension prescribed by
section 3302.021 of the Revised Code
or the alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code
;
(3)
Ensure that all educators complete coursework in evidence-based
strategies for effective literacy instruction aligned to the science
of reading, which includes phonics, phonemic awareness, fluency
comprehension, and vocabulary development, and is part of a
structured literacy program;
(4)
Ensure that clinical preparation for all educators who are
responsible for teaching reading only occur in the classrooms where
the local education agency has verified that the practicing teachers
have training in literacy instruction strategies aligned to the
science of reading, use instructional materials aligned to the
science of reading from the list established under section 3313.6028
of the Revised Code, and actively implement a structured literacy
approach.
(B)
The chancellor shall do all of the following:
(1)
Develop an auditing process that clearly documents the degree to
which every educator preparation program at an institution of higher
education is effectively teaching the science of reading as follows:
(a)
By December 31, 2023, complete an initial survey of educator
preparation programs, establish metrics for the audits, and update
standards to reflect new requirements;
(b)
Grant a one-year grace period for all institutions to meet new
standards and requirements under this section to begin on January 1,
2024;
(c)
On January 1, 2025, begin conducting audits of each institution that
offers educator preparation programs.
The
chancellor shall revoke approval for programs that are found to be
not in alignment and do not address the findings of the audit within
a year. All programs shall be reviewed every four years thereafter to
ensure continued alignment.
(2)
Annually create a summary of literacy instruction strategies and
practices in place for all educator preparation programs based on the
program audits, including institution-level summaries, until all
programs reach the required alignment specified in division (A)(3) of
this section;
(3)
In conjunction with the department of education and workforce, do all
of the following:
(a)
Publicly release the summaries with local education agencies not
later than the thirty-first day of March of each year;
(b)
Identify a list of approved vendors who can provide professional
development experiences that are consistent with the science of
reading to educators who are responsible for teaching reading,
including faculty in educator preparation programs;
(c)
Develop a public dashboard that reports the first-time passage rates
of students, by institution, on the foundations of reading licensure
test.
(C)
If the metrics established under division (A) of this section require
an institution of higher education that prepares teachers to satisfy
the standards of an independent accreditation organization, the
chancellor shall permit each institution to satisfy the standards of
any applicable national educator preparation accrediting agency
recognized by the United States department of education.
(D)
The metrics and educator preparation programs established under
division (A) of this section may require an institution of higher
education, as a condition of approval by the chancellor, to make
changes in the curricula of its preparation programs for educators
and other school personnel.
Notwithstanding
division (E) of section 119.03 and division (A)(1) of section 119.04
of the Revised Code, any metrics, educator preparation programs,
rules, and regulations, or any amendment or rescission of such
metrics, educator preparation programs, rules, and regulations,
adopted under this section that necessitate institutions offering
preparation programs for educators and other school personnel
approved by the chancellor to revise the curricula of those programs
shall not be effective for at least one year after the first day of
January next succeeding the publication of the said change.
Each
institution shall allocate money from its existing revenue sources to
pay the cost of making the curricular changes.
(E)
The chancellor shall notify the state board of the metrics and
educator preparation programs established under division (A) of this
section. The state board shall publish the metrics and educator
preparation programs with the standards and qualifications for each
type of educator license.
(F)
The graduates of educator preparation programs approved by the
chancellor shall be licensed by the state board in accordance with
the standards and qualifications adopted under section 3319.22 of the
Revised Code.
Sec.
3333.301.
(A)
The chancellor of higher education, in collaboration with the
management council of the Ohio education computer network established
under section 3301.0715 of the Revised Code, shall establish a data
system to track the free application for federal student aid form
completion rate of public and chartered nonpublic school students in
the state.
(B)
The chancellor and the management council shall develop guidelines
and procedures for the operation of the system.
(C)
The chancellor may publish and share aggregate data regarding the
free application for federal student aid, including completion counts
and rates for the state and each school district, chartered nonpublic
school, community school established under Chapter 3314.,
and
STEM
school established under Chapter 3326.
,
and college-preparatory boarding school established under Chapter
3328.
of the Revised Code. Such data may be used for the benefit of public
and chartered nonpublic schools, to increase public understanding
regarding the free application for federal student aid, and to assist
in encouraging student completion of the free application for federal
student aid form.
Sec.
3345.061.
(A)
Ohio's two-year institutions of higher education are respected points
of entry for students embarking on post-secondary careers and courses
completed at those institutions are transferable to state
universities in accordance with articulation and transfer agreements
developed under sections 3333.16, 3333.161, and 3333.162 of the
Revised Code.
(B)
Beginning with undergraduate students who commence undergraduate
studies in the 2014-2015 academic year, no state university listed in
section 3345.011 of the Revised Code, except Central state
university, Shawnee state university, and Youngstown state
university, shall receive any state operating subsidies for any
academic remedial or developmental courses for undergraduate
students, including courses prescribed in division (C) of section
3313.603 of the Revised Code, offered at its main campus, except as
provided in divisions (B)(1) to (4) of this section.
(1)
In the 2014-2015 and 2015-2016 academic years, a state university may
receive state operating subsidies for academic remedial or
developmental courses completed at the main campus for not more than
three per cent of the total undergraduate credit hours provided by
the university at its main campus.
(2)
In the 2016-2017 academic year, a state university may receive state
operating subsidies for academic remedial or developmental courses
completed at the main campus for not more than fifteen per cent of
the first-year students who have graduated from high school within
the previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
(3)
In the 2017-2018 academic year, a state university may receive state
operating subsidies for academic remedial or developmental courses
completed at the main campus for not more than ten per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at its
main campus, as calculated on a full-time-equivalent basis.
(4)
In the 2018-2019 academic year, a state university may receive state
operating subsidies for academic remedial or developmental courses
completed at the main campus for not more than five per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at its
main campus, as calculated on a full-time-equivalent basis.
Each
state university may continue to offer academic remedial and
developmental courses at its main campus beyond the extent for which
state operating subsidies may be paid under this division and may
continue to offer such courses beyond the 2018-2019 academic year.
However, the main campus of a state university shall not receive any
state operating subsidies for such courses above the maximum amounts
permitted in this division.
(C)
Except as otherwise provided in division (B) of this section,
beginning with students who commence undergraduate studies in the
2014-2015 academic year, state operating subsidies for academic
remedial or developmental courses offered by state institutions of
higher education may be paid only to Central state university,
Shawnee state university, Youngstown state university, any university
branch, any community college, any state community college, or any
technical college.
(D)
Each state university shall grant credit for academic remedial or
developmental courses successfully completed at an institution
described in division (C) of this section pursuant to any applicable
articulation and transfer agreements the university has entered into
in accordance with policies and procedures adopted under section
3333.16, 3333.161, or 3333.162 of the Revised Code.
(E)
The chancellor of higher education shall do all of the following:
(1)
Withhold state operating subsidies for academic remedial or
developmental courses provided by a main campus of a state university
as required in order to conform to divisions (B) and (C) of this
section;
(2)
Adopt uniform statewide standards for academic remedial and
developmental courses offered by all state institutions of higher
education;
(3)
Encourage and assist in the design and establishment of academic
remedial and developmental courses by institutions of higher
education;
(4)
Define "academic year" for purposes of this section and
section 3345.06 of the Revised Code;
(5)
Encourage and assist in the development of articulation and transfer
agreements between state universities and other institutions of
higher education in accordance with policies and procedures adopted
under sections 3333.16, 3333.161, and 3333.162 of the Revised Code.
(F)
Not later than December 31, 2012, the presidents, or equivalent
position, of all state institutions of higher education, or their
designees, jointly shall establish uniform statewide standards in
mathematics, science, reading, and writing each student enrolled in a
state institution of higher education must meet to be considered in
remediation-free status. The presidents also shall establish
assessments, if they deem necessary, to determine if a student meets
the standards adopted under this division. Each institution is
responsible for assessing the needs of its enrolled students in the
manner adopted by the presidents. The board of trustees or managing
authority of each state institution of higher education shall adopt
the remediation-free status standard, and any related assessments,
into the institution's policies.
The
chancellor shall assist in coordinating the work of the presidents
under this division. The chancellor shall monitor the standards in
mathematics, science, reading, and writing established under division
(F) of this section to ensure that the standards adequately
demonstrate a student's remediation-free status.
(G)
Each year, not later than a date established by the chancellor, each
state institution of higher education shall report to the governor,
the general assembly, the chancellor, and the department of education
and workforce all of the following for the prior academic year:
(1)
The institution's aggregate costs for providing academic remedial or
developmental courses;
(2)
The amount of those costs disaggregated according to the city, local,
or exempted village school districts from which the students taking
those courses received their high school diplomas;
(3)
Any other information with respect to academic remedial and
developmental courses that the chancellor considers appropriate.
(H)
Annually,
not later than the thirty-first day of each December, the chancellor
and the department of education and workforce shall issue a report
recommending policies and strategies for reducing the need for
academic remediation and developmental courses at state institutions
of higher education.
(I)
As
used in this section, "state institution of higher education"
has the same meaning as in section 3345.011 of the Revised Code.
Sec.
3365.01.
As
used in this chapter:
(A)
"Articulated credit" means post-secondary credit that is
reflected on the official record of a student at an institution of
higher education only upon enrollment at that institution after
graduation from a secondary school.
(B)
"Default ceiling amount" means one of the following
amounts, whichever is applicable:
(1)
For a participant enrolled in a college operating on a semester
schedule, the amount calculated according to the following formula:
((0.83
X formula amount)
/
30)
X
number of enrolled credit hours
(2)
For a participant enrolled in a college operating on a quarter
schedule, the amount calculated according to the following formula:
((0.83
X formula amount)
/
45)
X
number of enrolled credit hours
(C)
"Default floor amount" means twenty-five per cent of the
default ceiling amount.
(D)
"Eligible out-of-state college" means any institution of
higher education that is located outside of Ohio and is approved by
the chancellor of higher education to participate in the college
credit plus program.
(E)
"Fee" means any course-related fee and any other fee
imposed by the college, but not included in tuition, for
participation in the program established by this chapter.
(F)
"Formula amount" means $6,020.
(G)
"Governing entity" means any of the following:
(1)
A board of education of a school district;
(2)
A governing authority of a community school established under Chapter
3314. of the Revised Code;
(3)
A governing body of a STEM school established under Chapter 3326. of
the Revised Code;
(4)
A
board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code;
(5)
When referring to the state school for the deaf or the state school
for the blind, the department of education and workforce;
(6)
(5)
When referring to an institution operated by the department of youth
services, the superintendent of that institution.
(H)
"Home-educated participant" means a student who is exempt
from the compulsory attendance law for the purpose of home education
under section 3321.042 of the Revised Code, and is participating in
the program established by this chapter.
(I)
"Maximum per participant charge amount" means one of the
following amounts, whichever is applicable:
(1)
For a participant enrolled in a college operating on a semester
schedule, the amount calculated according to the following formula:
((formula
amount
/
30)
X
number of enrolled credit hours)
(2)
For a participant enrolled in a college operating on a quarter
schedule, the amount calculated according to the following formula:
((formula
amount
/
45)
X
number of enrolled credit hours)
(J)
"Nonpublic secondary school" means a chartered school for
which minimum standards are prescribed by the director of education
and workforce pursuant to division (D) of section 3301.07 of the
Revised Code.
(K)
"Number of enrolled credit hours" means the number of
credit hours for a course in which a participant is enrolled during
the previous term after the date on which a withdrawal from a course
would have negatively affected the participant's transcripted grade,
as prescribed by the college's established withdrawal policy.
(L)
"Parent" has the same meaning as in section 3313.64 of the
Revised Code.
(M)
"Participant" means any student enrolled in a college under
the program established by this chapter.
(N)
"Partnering college" means a college with which a public or
nonpublic secondary school has entered into an agreement in order to
offer the program established by this chapter.
(O)
"Partnering secondary school" means a public or nonpublic
secondary school with which a college has entered into an agreement
in order to offer the program established by this chapter.
(P)
"Private college" means any of the following:
(1)
A nonprofit institution holding a certificate of authorization
pursuant to Chapter 1713. of the Revised Code;
(2)
An institution holding a certificate of registration from the state
board of career colleges and schools and program authorization for an
associate or bachelor's degree program issued under section 3332.05
of the Revised Code;
(3)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code.
(Q)
"Public college" means a "state institution of higher
education" in section 3345.011 of the Revised Code, excluding
the northeast Ohio medical university.
(R)
"Public secondary school" means a school serving grades
nine through twelve in a city, local, or exempted village school
district, a joint vocational school district, a community school
established under Chapter 3314. of the Revised Code, a STEM school
established under Chapter 3326. of the Revised Code,
a
college-preparatory boarding school established under Chapter 3328.
of the Revised Code,
the state school for the deaf, the state school for the blind, or an
institution operated by the department of youth services.
(S)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.
(T)
"Secondary grade" means any of grades nine through twelve.
(U)
"Standard rate" means the amount per credit hour assessed
by the college for an in-state student who is enrolled in an
undergraduate course at that college, but who is not participating in
the college credit plus program, as prescribed by the college's
established tuition policy.
(V)
"Transcripted credit" means post-secondary credit that is
conferred by an institution of higher education and is reflected on a
student's official record at that institution upon completion of a
course.
Sec.
3365.032.
(A)
For purposes of this section:
(1)
The "expulsion of a student" or "expelling a student"
means the following:
(a)
For a public secondary school that is a school operated by a city,
local, exempted village, or joint vocational school district,
community school established under Chapter 3314. of the Revised Code,
or STEM school established under Chapter 3326. of the Revised Code,
the expulsion of a student or the act of expelling a student under
division (B) of section 3313.66 of the Revised Code;
(b)
For
a public secondary school that is a college-preparatory boarding
school, the expulsion of a student or the act of expelling a student
in accordance with the school's bylaws adopted pursuant to section
3328.13 of the Revised Code;
(c)
For
a public secondary school that is the state school for the deaf or
the state school for the blind, the expulsion of a student or the act
of expelling a student in accordance with rules adopted by the
department of education and workforce.
(2)
A "policy to deny high school credit for courses taken under the
college credit plus program during an expulsion" means the
following:
(a)
For a public secondary school that is a school operated by a city,
local, exempted village, or joint vocational school district,
community school established under Chapter 3314. of the Revised Code,
or STEM school established under Chapter 3326. of the Revised Code, a
policy adopted under section 3313.613 of the Revised Code;
(b)
For
a college-preparatory boarding school established under Chapter 3328.
of the Revised Code, a policy adopted in accordance with the school's
bylaws adopted pursuant to section 3328.13 of the Revised Code;
(c)
For
the state school for the deaf or the state school for the blind, a
policy adopted in accordance with any rules adopted by the department
requiring such a policy.
(B)
When a public secondary school expels a student, the superintendent,
or equivalent, shall send a written notice of the expulsion to any
college in which the expelled student is enrolled under section
3365.03 of the Revised Code at the time the expulsion is imposed. The
notice shall indicate the date the expulsion is scheduled to expire.
The notice also shall indicate whether the school has adopted a
policy to deny high school credit for courses taken under the college
credit plus program during an expulsion. If the expulsion is
extended, the superintendent, or equivalent, shall notify the college
of the extension.
(C)
A college may withdraw its acceptance under section 3365.03 of the
Revised Code of a student who is expelled from school. As provided in
section 3365.03 of the Revised Code, regardless of whether the
college withdraws its acceptance of the student for the college term
in which the student is expelled, the student is ineligible to enroll
in a college under that section for subsequent college terms during
the period of the expulsion, unless the student enrolls in another
public school or a participating nonpublic school during that period.
If
a college withdraws its acceptance of an expelled student who elected
either option of division (A)(1) or (2) of section 3365.06 of the
Revised Code, the college shall refund tuition and fees paid by the
student in the same proportion that it refunds tuition and fees to
students who voluntarily withdraw from the college at the same time
in the term.
If
a college withdraws its acceptance of an expelled student who elected
the option of division (B) of section 3365.06 of the Revised Code,
the public school shall not award high school credit for the college
courses in which the student was enrolled at the time the college
withdrew its acceptance, and any reimbursement under section 3365.07
of the Revised Code for the student's attendance prior to the
withdrawal shall be the same as would be paid for a student who
voluntarily withdrew from the college at the same time in the term.
If the withdrawal results in the college's receiving no
reimbursement, the college or secondary school may require the
student to return or pay for any textbooks and materials it provided
the student free of charge.
(D)
When a student who elected the option of division (B) of section
3365.06 of the Revised Code is expelled from a public school that has
adopted a policy to deny high school credit for courses taken under
the college credit plus program during an expulsion, that election is
automatically revoked for all college courses in which the student is
enrolled during the college term in which the expulsion is imposed.
Any reimbursement under section 3365.07 of the Revised Code for the
student's attendance prior to the expulsion shall be the same as
would be paid for a student who voluntarily withdrew from the college
at the same time in the term. If the revocation results in the
college's receiving no reimbursement, the college or secondary school
may require the student to return or pay for any textbooks and
materials it provided the student free of charge.
Not
later than five days after receiving an expulsion notice from the
superintendent, or equivalent, of a public school that has adopted a
policy to deny high school credit for courses taken under the college
credit plus program during an expulsion, the college shall send a
written notice to the expelled student that the student's election of
division (B) of section 3365.06 of the Revised Code is revoked. If
the college elects not to withdraw its acceptance of the student, the
student shall pay all applicable tuition and fees for the college
courses and shall pay for any textbooks and materials that the
college or secondary school provided to the student.
Sec.
3365.07.
The
department of education and workforce shall calculate and pay state
funds to colleges for participants in the college credit plus program
under division (B) of section 3365.06 of the Revised Code pursuant to
this section. For a nonpublic secondary school participant, a
nonchartered nonpublic secondary school participant, or a
home-educated participant, the department shall pay state funds
pursuant to this section only if that participant is awarded funding
according to rules adopted by the chancellor of higher education, in
consultation with the department of education and workforce, pursuant
to section 3365.071 of the Revised Code. The program shall be the
sole mechanism by which state funds are paid to colleges for students
to earn transcripted credit for college courses while enrolled in
both a secondary school and a college, with the exception of state
funds paid to colleges according to an agreement described in
division (A)(1) of section 3365.02 of the Revised Code.
(A)
For each public or nonpublic secondary school participant enrolled in
a public college:
(1)
If no agreement has been entered into under division (A)(2) of this
section, both of the following shall apply:
(a)
The department shall pay to the college the applicable amount as
follows:
(i)
For a participant enrolled in a college course delivered on the
college campus, at another location operated by the college, or
online, the lesser of the default ceiling amount or the college's
standard rate;
(ii)
For a participant enrolled in a college course delivered at the
participant's secondary school but taught by college faculty, the
lesser of fifty per cent of the default ceiling amount or the
college's standard rate;
(iii)
For a participant enrolled in a college course delivered at the
participant's secondary school and taught by a high school teacher
who has met the credential requirements established for purposes of
the program in rules adopted by the chancellor, the default floor
amount.
(b)
The participant's secondary school shall pay for textbooks, and the
college shall waive payment of all other fees related to
participation in the program.
(2)
The governing entity of a participant's secondary school and the
college may enter into an agreement to establish an alternative
payment structure for tuition, textbooks, and fees. Under such an
agreement, payments for each participant made by the department shall
be not less than the default floor amount, unless approved by the
chancellor, and not more than either the default ceiling amount or
the college's standard rate, whichever is less. The chancellor may
approve an agreement that includes a payment below the default floor
amount, as long as the provisions of the agreement comply with all
other requirements of this chapter to ensure program quality. If no
agreement is entered into under division (A)(2) of this section, both
of the following shall apply:
(a)
The department shall pay to the college the applicable default
amounts prescribed by division (A)(1)(a) of this section, depending
upon the method of delivery and instruction.
(b)
In accordance with division (A)(1)(b) of this section, the
participant's secondary school shall pay for textbooks, and the
college shall waive payment of all other fees related to
participation in the program.
(3)
No participant that is enrolled in a public college shall be charged
for any tuition, textbooks, or other fees related to participation in
the program.
(B)
For each public secondary school participant enrolled in a private
college:
(1)
If no agreement has been entered into under division (B)(2) of this
section, the department shall pay to the college the applicable
amount calculated in the same manner as in division (A)(1)(a) of this
section.
(2)
The governing entity of a participant's secondary school and the
college may enter into an agreement to establish an alternative
payment structure for tuition, textbooks, and fees. Under such an
agreement, payments shall be not less than the default floor amount,
unless approved by the chancellor, and not more than either the
default ceiling amount or the college's standard rate, whichever is
less.
If
an agreement is entered into under division (B)(2) of this section,
both of the following shall apply:
(a)
The department shall make a payment to the college for each
participant that is equal to the default floor amount, unless
approved by the chancellor to pay an amount below the default floor
amount. The chancellor may approve an agreement that includes a
payment below the default floor amount, as long as the provisions of
the agreement comply with all other requirements of this chapter to
ensure program quality.
(b)
Payment for costs for the participant that exceed the amount paid by
the department pursuant to division (B)(2)(a) of this section shall
be negotiated by the school and the college. The agreement may
include a stipulation permitting the charging of a participant.
However,
under no circumstances shall:
(i)
Payments for a participant made by the department under division
(B)(2) of this section exceed the lesser of the default ceiling
amount or the college's standard rate;
(ii)
The amount charged to a participant under division (B)(2) of this
section exceed the difference between the maximum per participant
charge amount and the default floor amount;
(iii)
The sum of the payments made by the department for a participant and
the amount charged to that participant under division (B)(2) of this
section exceed the following amounts, as applicable:
(I)
For a participant enrolled in a college course delivered on the
college campus, at another location operated by the college, or
online, the maximum per participant charge amount;
(II)
For a participant enrolled in a college course delivered at the
participant's secondary school but taught by college faculty, one
hundred twenty-five dollars;
(III)
For a participant enrolled in a college course delivered at the
participant's secondary school and taught by a high school teacher
who has met the credential requirements established for purposes of
the program in rules adopted by the chancellor, one hundred dollars.
(iv)
A participant that is identified as economically disadvantaged
according to rules adopted by the department be charged under
division (B)(2) of this section for any tuition, textbooks, or other
fees related to participation in the program.
(C)
For each nonpublic secondary school participant enrolled in a private
or eligible out-of-state college, the department shall pay to the
college the applicable amount calculated in the same manner as in
division (A)(1)(a) of this section. Payment for costs for the
participant that exceed the amount paid by the department shall be
negotiated by the governing body of the nonpublic secondary school
and the college.
However,
under no circumstances shall:
(1)
The payments for a participant made by the department under this
division exceed the lesser of the default ceiling amount or the
college's standard rate.
(2)
Any nonpublic secondary school participant, who is enrolled in that
secondary school with a scholarship awarded under either the
educational choice scholarship pilot program, as prescribed by
sections 3310.01 to 3310.17, or the pilot project scholarship
program, as prescribed by sections 3313.974 to 3313.979 of the
Revised Code, and who qualifies as a low-income student, as
determined by a method established by the department be charged for
any tuition, textbooks, or other fees related to participation in the
college credit plus program.
(D)
For each nonchartered nonpublic secondary school participant and each
home-educated participant enrolled in a public, private, or eligible
out-of-state college, the department shall pay to the college the
lesser of the default ceiling amount or the college's standard rate,
if that participant is enrolled in a college course delivered on the
college campus, at another location operated by the college, or
online.
(E)
Not later than thirty days after the end of each term, each college
expecting to receive payment for the costs of a participant under
this section shall notify the department of the number of enrolled
credit hours for each participant.
(F)
The department shall make the applicable payments under this section
to each college, which provided proper notification to the department
under division (E) of this section, for the number of enrolled credit
hours for participants enrolled in the college under division (B) of
section 3365.06 of the Revised Code. Except in cases involving
incomplete participant information or a dispute of participant
information, payments shall be made by the last day of January for
participants who were enrolled during the fall term and by the last
day of July for participants who were enrolled during the spring
term. The department shall not make any payments to a college under
this section if a participant withdrew from a course prior to the
date on which a withdrawal from the course would have negatively
affected the participant's transcripted grade, as prescribed by the
college's established withdrawal policy.
(1)
Payments made for public secondary school participants under this
section shall be deducted as follows:
(a)
For a participant enrolled in a school district, from the school
foundation payments made to the participant's school district. If the
participant is enrolled in a joint vocational school district, a
portion of the amount shall be deducted from the payments to the
joint vocational school district and a portion shall be deducted from
the payments to the participant's city, local, or exempted village
school district in accordance with the full-time equivalency of the
student's enrollment in each district.
(b)
For a participant enrolled in a community school established under
Chapter 3314. of the Revised Code, from the payments made to that
school under section 3317.022 of the Revised Code;
(c)
For a participant enrolled in a STEM school, from the payments made
to that school under section 3317.022 of the Revised Code;
(d)
For
a participant enrolled in a college-preparatory boarding school, from
the payments made to that school under section 3328.34 of the Revised
Code;
(e)
For a participant enrolled in the state school for the deaf or the
state school for the blind, from the amount paid to that school with
funds appropriated by the general assembly for support of Ohio deaf
and blind education services;
(f)
(e)
For a participant enrolled in an institution operated by the
department of youth services, from the amount paid to that
institution with funds appropriated by the general assembly for
support of that institution.
Amounts
deducted under divisions (F)(1)(a) to (f) of this section shall be
calculated in accordance with rules adopted by the chancellor, in
consultation with the department of education and workforce, pursuant
to division (B) of section 3365.071 of the Revised Code
(2)
Payments made for nonpublic secondary school participants,
nonchartered nonpublic secondary school participants, and
home-educated participants under this section shall be deducted from
moneys appropriated by the general assembly for such purpose.
Payments shall be allocated and distributed in accordance with rules
adopted by the chancellor, in consultation with the department of
education and workforce, pursuant to division (A) of section 3365.071
of the Revised Code.
(G)
Any public college that enrolls a student under division (B) of
section 3365.06 of the Revised Code may include that student in the
calculation used to determine its state share of instruction funds
appropriated to the department of higher education by the general
assembly.
Sec.
3728.01.
As
used in this chapter:
(A)
"Administer epinephrine" means to inject an individual with
epinephrine using an autoinjector in a manufactured dosage form.
(B)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code and also includes a sheriff.
(C)
"Prescriber" means an individual who is authorized by law
to prescribe drugs or dangerous drugs or drug therapy related devices
in the course of the individual's professional practice, including
only the following:
(1)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner;
(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;
(3)
A physician assistant who is licensed under Chapter 4730. of the
Revised Code, holds a valid prescriber number issued by the state
medical board, and has been granted physician-delegated prescriptive
authority.
(D)(1)
"Qualified entity" means either of the following:
(a)
Any public or private entity that is associated with a location where
allergens capable of causing anaphylaxis may be present, including
child care centers, colleges and universities, places of employment,
restaurants, amusement parks, recreation camps, sports playing fields
and arenas, and other similar locations;
(b)
Either of the following served by a peace officer: a law enforcement
agency or other entity described in division (A) of section 109.71 of
the Revised Code.
(2)
"Qualified entity" does not include either of the
following:
(a)
A chartered or nonchartered nonpublic school; community school;
science, technology, engineering, and mathematics school;
college-preparatory
boarding school;
or
a school operated by the board of education of a city, local,
exempted village, or joint vocational school district, as those
entities are otherwise authorized to procure epinephrine delivery
systems pursuant to sections 3313.7110, 3313.7111, 3314.143,
or
3326.28
,
or 3328.29
of the Revised Code;
(b)
A camp described in section 5180.26 of the Revised Code that is
authorized to procure epinephrine delivery systems pursuant to that
section.
Sec.
3737.07.
(A)
As used in this section:
(1)
"Authority having jurisdiction" means an organization,
office, agency, or individual responsible for enforcing the
requirements under this section.
(2)
"NFPA 101" means the standards for life safety code
published by the national fire protection association, which includes
the NFPA 80 standards for fire doors and other opening protectives.
(3)
"Protective door assembly" or "protective door
assemblies" means any of the following:
(a)
Doors with panic hardware or fire exit hardware;
(b)
Door assemblies in exit enclosures;
(c)
Electricity controlled egress doors;
(d)
Door assemblies with special locking arrangements, such as delayed
egress, sensor release egress doors, and elevator lobby doors.
(4)
"Qualified inspector" means a person, who by possession of
a recognized degree, certificate, professional standing, or skill,
and who, by knowledge, training, and experience, has demonstrated the
ability to deal with the subject matter, the work, or the project.
(5)
"School building" means a structure used for the
instruction of students by a school governing authority.
(6)
"School governing authority" means any of the following:
(a)
The board of education of a school district;
(b)
The governing authority of a chartered nonpublic school;
(c)
The governing authority of a community school established under
Chapter 3314. of the Revised Code;
(d)
The governing body of a STEM school established under Chapter
3328.
3326.
of the Revised Code
;
(e)
The board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code
.
(B)
Each school governing authority in this state shall do both of the
following:
(1)
Cause all protective door assemblies in school buildings used by the
school governing authority for instruction of students to be
inspected and tested every twelve months in accordance with division
(C) of this section;
(2)
Verify that such protective door assemblies are in compliance with
the following standards:
(a)
If the protective door assembly was installed in 2015 or after, the
2015 NFPA 101, or other standards required by the board of building
standards;
(b)
If the protective door assembly was installed prior to 2015, the NFPA
101 that was in effect on the date the protective door assembly was
installed or, if the protective door assembly was installed before
the NFPA 101 was published and in effect, the building code standards
in effect at the time of installation.
(C)(1)
A school governing authority shall cause all of the protective door
assemblies in school buildings used for the instruction of students
to be inspected and tested every twelve months by a qualified
inspector to confirm proper operation and full closure.
(2)
If a protective door assembly is not in compliance with the
applicable standards described in division (B)(2) of this section,
then the school governing authority shall take all steps necessary to
make the protective door assembly compliant.
(D)
After the inspection of a protective door assembly in a school
building, the qualified inspector shall provide a report to the
school governing authority indicating any of the following:
(1)
That the protective door assembly is in compliance with the
applicable standards described in division (B)(2) of this section and
no further inspection is required respecting that protective door
assembly for the next twelve months;
(2)
That the protective door assembly is not in compliance with the
applicable standards;
(3)
That the protective door assembly is not in compliance with the
applicable standards and there is a serious risk for fire or life
safety hazard.
(E)
Each school governing authority shall maintain records verifying
annual inspections.
(F)
If one or more protective door assemblies in a school building are
not in compliance with the applicable standards described in division
(B)(2) of this section, as indicated in a report under division
(D)(2), (D)(3), (G)(2), or (G)(3) of this section, then the school
governing authority shall do both of the following:
(1)
Take all steps necessary to make each such protective door assembly
compliant with the applicable standards;
(2)
Cause another inspection of each such protective door assembly
immediately after completing those steps.
(G)
After each inspection of a protective door assembly in the school
building under division (F)(2) of this section has been completed,
the qualified inspector shall provide a report to the school
governing authority indicating any of the following:
(1)
That the protective door assembly is in compliance with the
applicable standards described in division (B)(2) of this section and
no further inspection is required respecting that protective door
assembly for the next twelve months;
(2)
That the protective door assembly is not in compliance with the
applicable standards;
(3)
That the protective door assembly is not in compliance with the
applicable standards and there is a serious risk for fire or life
safety hazard.
(H)(1)
Beginning eighteen months after
the
effective date of this section
October
24, 2024
,
the authority having jurisdiction shall annually cause an inspection
of the records retained by each school governing authority under
division (E) of this section. If a protective door assembly in a
school building is not fully compliant with the applicable standards
within eighteen months after a report issued under division (D)(2) of
this section, or within one hundred eighty days after a report issued
under division (D)(3) of this section, and the school governing
authority is not actively taking steps to achieve compliance, then
the authority having jurisdiction shall issue a citation pursuant to
section 3737.42 of the Revised Code. Each protective door assembly
that is not in compliance with the applicable standards, and which
the respecting school governing authority is not actively taking
steps to achieve compliance with those standards, is a separate
violation and is subject to an additional citation.
(2)
If a citation is issued under division (H)(1) of this section and
section 3737.42 of the Revised Code, the school governing authority
shall post the citation issued concerning the protective door
assembly on a public web site managed by the school governing
authority. The school governing authority may remove the citation
posted under this division once the protective door assembly is made
compliant with the applicable standards and an inspection confirms
such compliance.
(I)
No authority having jurisdiction shall do either of the following:
(1)
Issue a citation pursuant to this section and section 3737.42 of the
Revised Code to a school governing authority that is actively taking
steps to reach compliance with the applicable standards, regardless
of whether full compliance is reached for all protective door
assemblies in the school building;
(2)
Assess a civil penalty or any fine associated with a citation issued
pursuant to this section.
(J)
A qualified inspector that inspects more than one protective door
assembly under division (D) or (G) of this section in the same school
building may combine the results of such inspections into one report,
so long as the report clearly indicates which protective door
assemblies are in compliance with the applicable standards and which
are not.
(K)(1)
The fire marshal shall adopt rules, in accordance with Chapter 119.
of the Revised Code, that are necessary to implement the requirements
of this section.
(2)
The fire marshal shall work in conjunction with the board of building
standards to implement such requirements.
(3)
The rules shall require that protective door assemblies are inspected
in accordance with this section and that the protective door
assemblies continue to meet the compliance standards required at the
time of installation.
(L)
Notwithstanding any provision of this section, a temporary
door-locking device in compliance with the rules adopted by the fire
marshal is not in conflict with this section.
(M)
Any citation issued pursuant to this section may be appealed under
section 3737.43 of the Revised Code.
Sec.
3781.106.
(A)
As used in this section:
(1)
"Institution of higher education" means a state institution
of higher education as defined in section 3345.011 of the Revised
Code, a private nonprofit college or university located in this state
that possesses a certificate of authorization issued pursuant to
Chapter 1713. of the Revised Code, or a school located in this state
that possesses a certificate of registration and one or more program
authorizations issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
(2)
"Nonresidential building" means a building or structure, or
part of a building or structure, not occupied in whole or in part for
the purpose of human habitation, and includes the lands and premises
appurtenant and all of the outbuildings, fences, or erections thereon
or therein. "Nonresidential building" does not include an
institution of higher education, private school, or public school, as
defined in this section.
(3)
"Owner" means an individual or entity possessing title to a
nonresidential building or an authorized agent of the owner.
(4)
"Private school" means a chartered nonpublic school or a
nonchartered nonpublic school.
(5)
"Public school" means any school operated by a school
district board of education, any community school established under
Chapter 3314. of the Revised Code,
and
any
STEM school established under Chapter 3326. of the Revised Code
,
and any college-preparatory boarding school established under Chapter
3328. of the Revised Code
.
(6)
"School building" means a structure used for the
instruction of students by a public or private school or institution
of higher education.
(B)(1)
The board of building standards shall adopt rules, in accordance with
Chapter 119. of the Revised Code, for the use of a device by a staff
member of a public or private school or institution of higher
education that prevents both ingress and egress through a door in a
school building, for a finite period of time, in an emergency
situation, and during active shooter drills. The rules shall provide
that the use of a device is permissible only if the device requires
minimal steps to remove it after it is engaged.
The
rules shall provide that the administrative authority of a building
notify the police chief, or equivalent, of the law enforcement agency
that has jurisdiction over the building, and the fire chief, or
equivalent, of the fire department that serves the political
subdivision in which the building is located, prior to the use of
such devices in a building.
The
rules may require that the device be visible from the exterior of the
door.
(2)
The device described in division (B)(1) of this section shall not be
permanently mounted to the door.
(3)
Each public and private school and institution of higher education
shall provide its staff members in-service training on the use of the
device described in division (B)(1) of this section. The school shall
maintain a record verifying this training on file.
(4)
In consultation with the department of education and workforce and
the chancellor of higher education, the board shall determine and
include in the rules a definition of "emergency situation."
These rules shall apply to both existing and new school buildings.
(C)(1)
The board of building standards shall adopt rules, in accordance with
Chapter 119. of the Revised Code, for the use of a device by the
owner, or a person authorized by the owner, of a nonresidential
building that prevents both ingress and egress through a door in the
building, for a finite period of time, in an emergency situation, and
during active shooter drills. The rules shall provide that the use of
a device is permissible only if the device requires minimal steps to
remove it after it is engaged.
The
rules shall require the owner of a building notify the police chief,
or equivalent, of the law enforcement agency that has jurisdiction
over the building, and the fire chief, or equivalent, of the fire
department that serves the political subdivision in which the
building is located, prior to the use of such devices in a building.
The
rules may require that the device be visible from the exterior of the
door.
(2)
The device described in division (C)(1) of this section shall not be
permanently mounted to the door.
(3)
Each owner of a nonresidential building shall provide any person that
may use the device described in division (C)(1) of this section
training on the use of the device. The owner of the building shall
maintain a record verifying this training on file.
(4)
The board shall determine and include in the rules a definition of
"emergency situation" for purposes of division (C)(1) of
this section. These rules shall apply to both existing and new
nonresidential buildings.
(D)
Any provision of the state fire code that is in conflict with this
section or section 3737.84 of the Revised Code is unenforceable.
Sec.
3792.04.
(A)
As used in this section:
(1)
"Public school" means any of the following: a city, local,
exempted village, or joint vocational school district; community
school established under Chapter 3314. of the Revised Code;
or
STEM
school established under Chapter 3326. of the Revised Code
;
or college-preparatory boarding school established under Chapter
3328. of the Revised Code
.
(2)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B)
Notwithstanding any conflicting provision of the Revised Code, a
public school or state institution of higher education shall not do
either of the following:
(1)
Require an individual to receive a vaccine for which the United
States food and drug administration has not granted full approval;
(2)
Discriminate against an individual who has not received a vaccine
described in division (B)(1) of this section, including by requiring
the individual to engage in or refrain from engaging in activities or
precautions that differ from the activities or precautions of an
individual who has received such a vaccine.
(C)
This section does not apply to a hospital or other health care
facility that is owned or operated by, or affiliated with, a state
institution of higher education.
Sec.
4109.07.
(A)
No person under sixteen years of age shall be employed:
(1)
During school hours except where specifically permitted by this
chapter;
(2)
Before seven a.m.;
(3)
After nine p.m. from the first day of June to the first day of
September or during any school holiday of five school days or more
duration
,
or after
;
(4)
After
seven
p.m. at any other time
,
except the person may be employed between seven p.m. and nine p.m. on
any night preceding a day that school is not in session if the person
has approval to do so from the person's parent or legal guardian
;
(4)
(5)
For more than three hours a day in any school day;
(5)
(6)
For more than eighteen hours in any week while school is in session;
(6)
(7)
For more than eight hours in any day which is not a school day;
(7)
(8)
For more than forty hours in any week that school is not in session.
(B)
No person under sixteen years of age may be employed more than forty
hours in any one week nor during school hours unless employment is
incidental to bona fide programs of vocational cooperative training,
work-study, or other work- oriented programs with the purpose of
educating students, and the program meets standards established by
the department of education and workforce.
(C)
No employer shall employ a minor more than five consecutive hours
without allowing the minor a rest period of at least thirty minutes.
The rest period need not be included in the computation of the number
of hours worked by the minor.
(D)
No person sixteen or seventeen years of age who is required to attend
school under Chapter 3321. of the Revised Code shall be employed:
(1)
Before seven a.m. on any day that school is in session, except such
person may be employed after six a.m. if the person was not employed
after eight p.m. the previous night;
(2)
After eleven p.m. on any night preceding a day that school is in
session.
(E)
As used in this section, "school" refers to either a school
the child actually attends or a school he is required to attend
pursuant to Chapter 3321. of the Revised Code.
Sec.
4117.01.
As
used in this chapter:
(A)
"Person," in addition to those included in division (C) of
section 1.59 of the Revised Code, includes employee organizations,
public employees, and public employers.
(B)
"Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established under
Chapter 3314. of the Revised Code;
college
preparatory boarding school established under Chapter 3328. of the
Revised Code or its operator
;
state institution of higher learning; public or special district;
state agency, authority, commission, or board; or other branch of
public employment. "Public employer" does not include the
nonprofit corporation formed under section 187.01 of the Revised
Code.
(C)
"Public employee" means any person holding a position by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a public
employer and a private employer and over whom the national labor
relations board has declined jurisdiction on the basis that the
involved employees are employees of a public employer, except:
(1)
Persons holding elective office;
(2)
Employees of the general assembly and employees of any other
legislative body of the public employer whose principal duties are
directly related to the legislative functions of the body;
(3)
Employees on the staff of the governor or the chief executive of the
public employer whose principal duties are directly related to the
performance of the executive functions of the governor or the chief
executive;
(4)
Persons who are members of the Ohio organized militia, while training
or performing duty under section 5919.29 or 5923.12 of the Revised
Code;
(5)
Employees of the state employment relations board, including those
employees of the state employment relations board utilized by the
state personnel board of review in the exercise of the powers and the
performance of the duties and functions of the state personnel board
of review;
(6)
Confidential employees;
(7)
Management level employees;
(8)
Employees and officers of the courts, assistants to the attorney
general, assistant prosecuting attorneys, and employees of the clerks
of courts who perform a judicial function;
(9)
Employees of a public official who act in a fiduciary capacity,
appointed pursuant to section 124.11 of the Revised Code;
(10)
Supervisors;
(11)
Students whose primary purpose is educational training, including
graduate assistants or associates, residents, interns, or other
students working as part-time public employees less than fifty per
cent of the normal year in the employee's bargaining unit;
(12)
Employees of county boards of election;
(13)
Seasonal and casual employees as determined by the state employment
relations board;
(14)
Part-time faculty members of an institution of higher education;
(15)
Participants in a work activity, developmental activity, or
alternative work activity under sections 5107.40 to 5107.69 of the
Revised Code who perform a service for a public employer that the
public employer needs but is not performed by an employee of the
public employer if the participant is not engaged in paid employment
or subsidized employment pursuant to the activity;
(16)
Employees included in the career professional service of the
department of transportation under section 5501.20 of the Revised
Code;
(17)
Employees of community-based correctional facilities and district
community-based correctional facilities created under sections
2301.51 to 2301.58 of the Revised Code.
(D)
"Employee organization" means any labor or bona fide
organization in which public employees participate and that exists
for the purpose, in whole or in part, of dealing with public
employers concerning grievances, labor disputes, wages, hours, terms,
and other conditions of employment.
(E)
"Exclusive representative" means the employee organization
certified or recognized as an exclusive representative under section
4117.05 of the Revised Code.
(F)
"Supervisor" means any individual who has authority, in the
interest of the public employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
public employees; to responsibly direct them; to adjust their
grievances; or to effectively recommend such action, if the exercise
of that authority is not of a merely routine or clerical nature, but
requires the use of independent judgment, provided that:
(1)
Employees of school districts who are department chairpersons or
consulting teachers shall not be deemed supervisors.
(2)
With respect to members of a police or fire department, no person
shall be deemed a supervisor except the chief of the department or
those individuals who, in the absence of the chief, are authorized to
exercise the authority and perform the duties of the chief of the
department. Where prior to June 1, 1982, a public employer pursuant
to a judicial decision, rendered in litigation to which the public
employer was a party, has declined to engage in collective bargaining
with members of a police or fire department on the basis that those
members are supervisors, those members of a police or fire department
do not have the rights specified in this chapter for the purposes of
future collective bargaining. The state employment relations board
shall decide all disputes concerning the application of division
(F)(2) of this section.
(3)
With respect to faculty members of a state institution of higher
education, heads of departments or divisions are supervisors;
however, no other faculty member or group of faculty members is a
supervisor solely because the faculty member or group of faculty
members participate in decisions with respect to courses, curriculum,
personnel, or other matters of academic policy.
(4)
No teacher as defined in section 3319.09 of the Revised Code shall be
designated as a supervisor or a management level employee unless the
teacher is employed under a contract governed by section 3319.01,
3319.011, or 3319.02 of the Revised Code and is assigned to a
position for which a license deemed to be for administrators under
state board rules is required pursuant to section 3319.22 of the
Revised Code.
(G)
"To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and the
representatives of its employees to negotiate in good faith at
reasonable times and places with respect to wages, hours, terms, and
other conditions of employment and the continuation, modification, or
deletion of an existing provision of a collective bargaining
agreement, with the intention of reaching an agreement, or to resolve
questions arising under the agreement. "To bargain collectively"
includes executing a written contract incorporating the terms of any
agreement reached. The obligation to bargain collectively does not
mean that either party is compelled to agree to a proposal nor does
it require the making of a concession.
(H)
"Strike" means continuous concerted action in failing to
report to duty; willful absence from one's position; or stoppage of
work in whole from the full, faithful, and proper performance of the
duties of employment, for the purpose of inducing, influencing, or
coercing a change in wages, hours, terms, and other conditions of
employment. "Strike" does not include a stoppage of work by
employees in good faith because of dangerous or unhealthful working
conditions at the place of employment that are abnormal to the place
of employment.
(I)
"Unauthorized strike" includes, but is not limited to,
concerted action during the term or extended term of a collective
bargaining agreement or during the pendency of the settlement
procedures set forth in section 4117.14 of the Revised Code in
failing to report to duty; willful absence from one's position;
stoppage of work; slowdown, or abstinence in whole or in part from
the full, faithful, and proper performance of the duties of
employment for the purpose of inducing, influencing, or coercing a
change in wages, hours, terms, and other conditions of employment.
"Unauthorized strike" includes any such action, absence,
stoppage, slowdown, or abstinence when done partially or
intermittently, whether during or after the expiration of the term or
extended term of a collective bargaining agreement or during or after
the pendency of the settlement procedures set forth in section
4117.14 of the Revised Code.
(J)
"Professional employee" means any employee engaged in work
that is predominantly intellectual, involving the consistent exercise
of discretion and judgment in its performance and requiring knowledge
of an advanced type in a field of science or learning customarily
acquired by a prolonged course in an institution of higher learning
or a hospital, as distinguished from a general academic education or
from an apprenticeship; or an employee who has completed the courses
of specialized intellectual instruction and is performing related
work under the supervision of a professional person to become
qualified as a professional employee.
(K)
"Confidential employee" means any employee who works in the
personnel offices of a public employer and deals with information to
be used by the public employer in collective bargaining; or any
employee who works in a close continuing relationship with public
officers or representatives directly participating in collective
bargaining on behalf of the employer.
(L)
"Management level employee" means an individual who
formulates policy on behalf of the public employer, who responsibly
directs the implementation of policy, or who may reasonably be
required on behalf of the public employer to assist in the
preparation for the conduct of collective negotiations, administer
collectively negotiated agreements, or have a major role in personnel
administration. Assistant superintendents, principals, and assistant
principals whose employment is governed by section 3319.02 of the
Revised Code are management level employees. With respect to members
of a faculty of a state institution of higher education, no person is
a management level employee because of the person's involvement in
the formulation or implementation of academic or institution policy.
(M)
"Wages" means hourly rates of pay, salaries, or other forms
of compensation for services rendered.
(N)
"Member of a police department" means a person who is in
the employ of a police department of a municipal corporation as a
full-time regular police officer as the result of an appointment from
a duly established civil service eligibility list or under section
737.15 or 737.16 of the Revised Code, a full-time deputy sheriff
appointed under section 311.04 of the Revised Code, a township
constable appointed under section 509.01 of the Revised Code, or a
member of a township or joint police district police department
appointed under section 505.49 of the Revised Code.
(O)
"Members of the state highway patrol" means highway patrol
troopers and radio operators appointed under section 5503.01 of the
Revised Code.
(P)
"Member of a fire department" means a person who is in the
employ of a fire department of a municipal corporation or a township
as a fire cadet, full-time regular firefighter, or promoted rank as
the result of an appointment from a duly established civil service
eligibility list or under section 505.38, 709.012, or 737.22 of the
Revised Code.
(Q)
"Day" means calendar day.
Sec.
4723.483.
(A)
As used in this section, "epinephrine delivery system" has
the same meaning as in section 3313.718 of the Revised Code.
(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
conflicting provision of this chapter or rule adopted by the board of
nursing, a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner may do any of the following without
having examined an individual to whom epinephrine may be
administered:
(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(b)
Personally furnish a supply of epinephrine delivery systems for use
in accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code;
(c)
Issue a prescription for epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(d)
Issue a prescription for epinephrine delivery systems for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code.
(2)
An epinephrine autoinjector personally furnished or prescribed under
division (B)(1)(a) or (c) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(C)
A nurse who acts in good faith in accordance with this section is not
liable for or subject to any of the following for any action or
omission of an entity to which an epinephrine delivery system,
including an autoinjector, is furnished or a prescription is issued:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.
Sec.
4723.4811.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the board of nursing, a
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner licensed as an advanced practice registered nurse
under Chapter 4723. of the Revised Code may do either of the
following without having examined an individual to whom glucagon may
be administered:
(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with sections 3313.7115, 3313.7116,
3314.147, 3326.60,
3328.38,
and
5180.262 of the Revised Code;
(b)
Issue a prescription for injectable or nasally administered glucagon
for use in accordance with sections 3313.7115, 3313.7116, 3314.147,
3326.60,
3328.38,
and
5180.262 of the Revised Code.
(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(B)
A nurse who acts in good faith in accordance with this section is not
liable for or subject to any of the following for any action or
omission of an entity to which injectable or nasally administered
glucagon is furnished or a prescription is issued: damages in any
civil action, prosecution in any criminal proceeding, or professional
disciplinary action.
Sec.
4729.01.
As
used in this chapter:
(A)
"Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.
(B)
"Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from the
principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:
(1)
Interpreting prescriptions;
(2)
Dispensing drugs and drug therapy related devices;
(3)
Compounding drugs;
(4)
Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the drugs
and appliances;
(5)
Performing drug regimen reviews with individuals by discussing all of
the drugs that the individual is taking and explaining the
interactions of the drugs;
(6)
Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug regimen
that warrants additional discussion with the prescriber;
(7)
Advising an individual and the health care professionals treating an
individual with regard to the individual's drug therapy;
(8)
Acting pursuant to a consult agreement, if an agreement has been
established;
(9)
Engaging in the administration of immunizations to the extent
authorized by section 4729.41 of the Revised Code;
(10)
Engaging in the administration of drugs to the extent authorized by
section 4729.45 of the Revised Code.
(C)
"Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the following
circumstances:
(1)
Pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs;
(2)
Pursuant to the modification of a prescription made in accordance
with a consult agreement;
(3)
As an incident to research, teaching activities, or chemical
analysis;
(4)
In anticipation of orders for drugs pursuant to prescriptions, based
on routine, regularly observed dispensing patterns;
(5)
Pursuant to a request made by a licensed health professional
authorized to prescribe drugs for a drug that is to be used by the
professional for the purpose of direct administration to patients in
the course of the professional's practice, if all of the following
apply:
(a)
At the time the request is made, the drug is not commercially
available regardless of the reason that the drug is not available,
including the absence of a manufacturer for the drug or the lack of a
readily available supply of the drug from a manufacturer.
(b)
A limited quantity of the drug is compounded and provided to the
professional.
(c)
The drug is compounded and provided to the professional as an
occasional exception to the normal practice of dispensing drugs
pursuant to patient-specific prescriptions.
(D)
"Consult agreement" means an agreement that has been
entered into under section 4729.39 of the Revised Code.
(E)
"Drug" means:
(1)
Any article recognized in the United States pharmacopoeia and
national formulary, or any supplement to them, intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or animals;
(2)
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;
(3)
Any article, other than food, intended to affect the structure or any
function of the body of humans or animals;
(4)
Any article intended for use as a component of any article specified
in division (E)(1), (2), or (3) of this section; but does not include
devices or their components, parts, or accessories.
"Drug"
does not include "hemp" as that term is defined in section
928.01 of the Revised Code.
(F)
"Dangerous drug" means any of the following:
(1)
Any drug to which either of the following applies:
(a)
Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to
bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;
(b)
Under Chapter 3715. or 3719. of the Revised Code, the drug may be
dispensed only upon a prescription.
(2)
Any drug that contains a schedule V controlled substance and that is
exempt from Chapter 3719. of the Revised Code or to which that
chapter does not apply;
(3)
Any drug intended for administration by injection into the human body
other than through a natural orifice of the human body;
(4)
Any drug that is a biological product, as defined in section 3715.01
of the Revised Code.
(G)
"Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.
(H)
"Prescription" means all of the following:
(1)
A written, electronic, or oral order for drugs or combinations or
mixtures of drugs to be used by a particular individual or for
treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;
(2)
For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93
of the Revised Code, a written, electronic, or oral order for a drug
to treat chlamydia, gonorrhea, or trichomoniasis issued to and in the
name of a patient who is not the intended user of the drug but is the
sexual partner of the intended user;
(3)
For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
4723.483,
4729.88, 4730.433, 4731.96, and 5180.26 of the Revised Code, a
written, electronic, or oral order for an epinephrine autoinjector
issued to and in the name of a school, school district, or camp;
(4)
For purposes of Chapter 3728. and sections 4723.483, 4729.88,
4730.433, and 4731.96 of the Revised Code, a written, electronic, or
oral order for an epinephrine autoinjector issued to and in the name
of a qualified entity, as defined in section 3728.01 of the Revised
Code;
(5)
For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38,
4723.4811,
4730.437, 4731.92, and 5180.262 of the Revised Code, a written,
electronic, or oral order for injectable or nasally administered
glucagon in the name of a school, school district, or camp.
(I)
"Licensed health professional authorized to prescribe drugs"
or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:
(1)
A dentist licensed under Chapter 4715. of the Revised Code;
(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse;
(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse, but only to the
extent of the nurse's authority under section 4723.43 of the Revised
Code;
(4)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;
(5)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;
(6)
A physician assistant who holds a license to practice as a physician
assistant issued under Chapter 4730. of the Revised Code, holds a
valid prescriber number issued by the state medical board, and has
been granted physician-delegated prescriptive authority;
(7)
A veterinarian licensed under Chapter 4741. of the Revised Code;
(8)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code who has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.
(J)
"Sale" or "sell" includes any transaction made by
any person, whether as principal proprietor, agent, or employee, to
do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the
transfer is by passage of title, physical movement, or both.
(K)
"Wholesale sale" and "sale at wholesale" mean any
sale in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.
(L)
"Retail sale" and "sale at retail" mean any sale
other than a wholesale sale or sale at wholesale.
(M)
"Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish responsibility.
(N)
"Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:
(1)
The proprietary name of the drug product;
(2)
The established (generic) name of the drug product;
(3)
The strength of the drug product if the product contains a single
active ingredient or if the drug product contains more than one
active ingredient and a relevant strength can be associated with the
product without indicating each active ingredient. The established
name and quantity of each active ingredient are required if such a
relevant strength cannot be so associated with a drug product
containing more than one ingredient.
(4)
The dosage form;
(5)
The price charged for a specific quantity of the drug product. The
stated price shall include all charges to the consumer, including,
but not limited to, the cost of the drug product, professional fees,
handling fees, if any, and a statement identifying professional
services routinely furnished by the pharmacy. Any mailing fees and
delivery fees may be stated separately without repetition. The
information shall not be false or misleading.
(O)
"Wholesale distributor of dangerous drugs" or "wholesale
distributor" means a person engaged in the sale of dangerous
drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous
drugs at wholesale.
(P)
"Manufacturer of dangerous drugs" or "manufacturer"
means a person, other than a pharmacist or prescriber, who
manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.
(Q)
"Terminal distributor of dangerous drugs" or "terminal
distributor" means a person who is engaged in the sale of
dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider,
wholesale distributor, or pharmacist, who has possession, custody, or
control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor"
includes pharmacies, hospitals, nursing homes, and laboratories and
all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed
health professional authorized to prescribe drugs, or other person
authorized by the state board of pharmacy.
(R)
"Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at
retail.
(S)
"Person" includes any individual, partnership, association,
limited liability company, or corporation, the state, any political
subdivision of the state, and any district, department, or agency of
the state or its political subdivisions.
(T)(1)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.
(2)
"County dog warden" means a dog warden or deputy dog warden
appointed or employed under section 955.12 of the Revised Code.
(3)
"Wild animal rehabilitation facility" means a facility that
holds a permit issued by the chief of the division of wildlife for
rehabilitation purposes in accordance with section 1533.08 of the
Revised Code or rules adopted by the chief.
(U)
"Food" has the same meaning as in section 3715.01 of the
Revised Code.
(V)
"Pain management clinic" has the same meaning as in section
4731.054 of the Revised Code.
(W)
"Investigational drug or product" means a drug or product
that has successfully completed phase one of the United States food
and drug administration clinical trials and remains under clinical
trial, but has not been approved for general use by the United States
food and drug administration. "Investigational drug or product"
does not include controlled substances in schedule I, as defined in
section 3719.01 of the Revised Code.
(X)
"Product," when used in reference to an investigational
drug or product, means a biological product, other than a drug, that
is made from a natural human, animal, or microorganism source and is
intended to treat a disease or medical condition.
(Y)
"Third-party logistics provider" means a person that
provides or coordinates warehousing or other logistics services
pertaining to dangerous drugs including distribution, on behalf of a
manufacturer, wholesale distributor, or terminal distributor of
dangerous drugs, but does not take ownership of the drugs or have
responsibility to direct the sale or disposition of the drugs.
(Z)
"Repackager of dangerous drugs" or "repackager"
means a person that repacks and relabels dangerous drugs for sale or
distribution.
(AA)
"Outsourcing facility" means a facility that is engaged in
the compounding and sale of sterile drugs and is registered as an
outsourcing facility with the United States food and drug
administration.
(BB)
"Laboratory" means a laboratory licensed under this chapter
as a terminal distributor of dangerous drugs and entrusted to have
custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction:
dangerous drugs that are not controlled substances, as defined in
section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled
substances in schedule I, as defined in that section.
(CC)
"Overdose reversal drug" means both of the following:
(1)
Naloxone;
(2)
Any other drug that the state board of pharmacy, through rules
adopted in accordance with Chapter 119. of the Revised Code,
designates as a drug that is approved by the federal food and drug
administration for the reversal of a known or suspected
opioid-related overdose.
Sec.
4729.513.
A
manufacturer of dangerous drugs may donate inhalers, as defined in
section 3313.7113 of the Revised Code, epinephrine delivery systems,
as defined in section 3313.718 of the Revised Code, or injectable or
nasally administered glucagon to any of the following:
(A)
The board of education of a city, local, exempted village, or joint
vocational school district;
(B)
A community school established under Chapter 3314. of the Revised
Code;
(C)
A STEM school established under Chapter 3326. of the Revised Code;
(D)
A
college-preparatory boarding school established under Chapter 3328.
of the Revised Code;
(E)
A
chartered or nonchartered nonpublic school;
(F)
(E)
A residential camp, as defined in section 2151.011 of the Revised
Code;
(G)
(F)
A child day camp, as defined in section 5104.01 of the Revised Code;
(H)
(G)
A child day camp operated by any county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code.
Sec.
4729.541.
(A)
Except as provided in divisions (B) and (C) of this section, all of
the following are exempt from licensure as a terminal distributor of
dangerous drugs:
(1)
A licensed health professional authorized to prescribe drugs;
(2)
A business entity that is a corporation formed under division (B) of
section 1701.03 of the Revised Code, a limited liability company
formed under former Chapter 1705. of the Revised Code as that chapter
existed prior to February 11, 2022, or Chapter 1706. of the Revised
Code, or a professional association formed under Chapter 1785. of the
Revised Code if the entity has a sole shareholder who is a prescriber
and is authorized to provide the professional services being offered
by the entity;
(3)
A business entity that is a corporation formed under division (B) of
section 1701.03 of the Revised Code, a limited liability company
formed under former Chapter 1705. of the Revised Code as that chapter
existed prior to February 11, 2022, or Chapter 1706. of the Revised
Code, a partnership or a limited liability partnership formed under
Chapter 1775. of the Revised Code, or a professional association
formed under Chapter 1785. of the Revised Code, if, to be a
shareholder, member, or partner, an individual is required to be
licensed, certified, or otherwise legally authorized under Title
XLVII of the Revised Code to perform the professional service
provided by the entity and each such individual is a prescriber;
(4)
An individual who holds a current license, certificate, or
registration issued under Title XLVII of the Revised Code and has
been certified to conduct diabetes education by a national certifying
body specified in rules adopted by the state board of pharmacy under
section 4729.68 of the Revised Code, but only with respect to insulin
that will be used for the purpose of diabetes education and only if
diabetes education is within the individual's scope of practice under
statutes and rules regulating the individual's profession;
(5)
An individual who holds a valid certificate issued by a nationally
recognized S.C.U.B.A. diving certifying organization approved by the
state board of pharmacy under rules adopted by the board, but only
with respect to medical oxygen that will be used for the purpose of
emergency care or treatment at the scene of a diving emergency;
(6)
With respect to epinephrine delivery systems that may be possessed
under section 3313.7110, 3313.7111, 3314.143,
or
3326.28
,
or 3328.29
of the Revised Code, any of the following: the board of education of
a city, local, exempted village, or joint vocational school district;
a chartered or nonchartered nonpublic school; a community school
established under Chapter 3314. of the Revised Code;
or
a
STEM school established under Chapter 3326. of the Revised Code
;
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code
;
(7)
With respect to epinephrine delivery systems that may be possessed
under section 5180.26 of the Revised Code, any of the following: a
residential camp, as defined in section 2151.011 of the Revised Code;
a child day camp, as defined in section 5104.01 of the Revised Code;
or a child day camp operated by any county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code;
(8)
With respect to epinephrine autoinjectors that may be possessed under
Chapter 3728. of the Revised Code, a qualified entity, as defined in
section 3728.01 of the Revised Code;
(9)
With respect to inhalers that may be possessed under section
3313.7113, 3313.7114, 3314.144,
or
3326.30
,
or 3328.30
of the Revised Code, any of the following: the board of education of
a city, local, exempted village, or joint vocational school district;
a chartered or nonchartered nonpublic school; a community school
established under Chapter 3314. of the Revised Code;
or
a
STEM school established under Chapter 3326. of the Revised Code
;
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code
;
(10)
With respect to inhalers that may be possessed under section 5180.261
of the Revised Code, any of the following: a residential camp, as
defined in section 2151.011 of the Revised Code; a child day camp, as
defined in section 5104.01 of the Revised Code; or a child day camp
operated by any county, township, municipal corporation, township
park district created under section 511.18 of the Revised Code, park
district created under section 1545.04 of the Revised Code, or joint
recreation district established under section 755.14 of the Revised
Code;
(11)
With respect to overdose reversal drugs that may be possessed for the
purposes described in section 3715.50 of the Revised Code, any person
or government entity exercising the authority conferred by that
section;
(12)
With respect to overdose reversal drugs that may be possessed for use
in personally furnishing supplies of the drug pursuant to a protocol
established under section 3715.503 of the Revised Code, any
individual exercising the authority conferred by that section;
(13)
With respect to injectable or nasally administered glucagon that may
be possessed under sections 3313.7115, 3313.7116, 3314.147,
and
3326.60
,
and 3328.38
of the Revised Code, any of the following: the board of education of
a city, local, exempted village, or joint vocational school district;
a chartered or nonchartered nonpublic school; a community school
established under Chapter 3314. of the Revised Code;
or
a
STEM school established under Chapter 3326. of the Revised Code
;
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code
;
(14)
With respect to injectable or nasally administered glucagon that may
be possessed under section 5180.262 of the Revised Code, any of the
following: a residential camp, as defined in section 2151.011 of the
Revised Code; a child day camp, as defined in section 5104.01 of the
Revised Code; or a child day camp operated by any county, township,
municipal corporation, township park district created under section
511.18 of the Revised Code, park district created under section
1545.04 of the Revised Code, or joint recreation district established
under section 755.14 of the Revised Code;
(15)
A person who possesses nitrous oxide for use as a direct ingredient
in food pursuant to 21 C.F.R. 184.1545 or for testing or maintaining
a plumbing or heating, ventilation, and air conditioning system;
(16)
A person who possesses medical oxygen, sterile water, or sterile
saline for direct administration to patients or for the purpose of
installation or maintenance of home medical equipment, as defined in
section 4752.01 of the Revised Code;
(17)
A facility that is owned and operated by the United States department
of defense, the United States department of veterans affairs, or any
other federal agency.
(B)
If a person described in division (A) of this section is a pain
management clinic or is operating a pain management clinic, the
person shall hold a license as a terminal distributor of dangerous
drugs with a pain management clinic classification issued under
section 4729.552 of the Revised Code.
(C)
Any of the persons described in divisions (A)(1) to (16) of this
section shall hold a license as a terminal distributor of dangerous
drugs in order to possess, have custody or control of, and distribute
any of the following:
(1)
Dangerous drugs that are compounded or used for the purpose of
compounding;
(2)
A schedule I, II, III, IV, or V controlled substance, as defined in
section 3719.01 of the Revised Code.
Sec.
4730.433.
(A)
As used in this section, "epinephrine delivery system" has
the same meaning as in section 3313.718 of the Revised Code.
(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
conflicting provision of this chapter or rule adopted by the state
medical board, a physician assistant who holds a license issued under
this chapter and a valid prescriber number issued by the state
medical board and has been granted physician-delegated prescriptive
authority may do any of the following without having examined an
individual to whom epinephrine may be administered:
(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(b)
Personally furnish a supply of epinephrine delivery systems for use
in accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code;
(c)
Issue a prescription for epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(d)
Issue a prescription for epinephrine delivery systems for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code.
(2)
An epinephrine autoinjector personally furnished or prescribed under
division (B)(1)(a) or (c) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(C)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which an epinephrine delivery
system, including an autoinjector, is furnished or a prescription is
issued: damages in any civil action, prosecution in any criminal
proceeding, or professional disciplinary action.
Sec.
4730.437.
(A)(1)
Subject to division (A)(2) of this section and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician assistant who holds a valid prescriber number issued by
the board and has been granted physician-delegated prescriptive
authority may do either of the following without having examined an
individual to whom glucagon may be administered:
(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60,
3328.38,
or
5180.262 of the Revised Code;
(b)
Issue a prescription for injectable or nasally administered glucagon
in accordance with section 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38,
or
5180.262 of the Revised Code.
(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(B)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which injectable or nasally
administered glucagon is furnished or a prescription is issued:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.
Sec.
4731.92.
(A)
As used in this section, "physician" means an individual
authorized under this chapter to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.
(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician may do either of the following without having examined an
individual to whom glucagon may be administered:
(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60,
3328.38,
or
5180.262 of the Revised Code;
(b)
Issue a prescription for injectable or nasally administered glucagon
for use in accordance with section 3313.7115, 3313.7116, 3314.147,
3326.60,
3328.38,
or
5180.262 of the Revised Code.
(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (B)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(C)
A physician who acts in good faith in accordance with this section is
not liable for or subject to any of the following for any action or
omission of an entity to which injectable or nasally administered
glucagon is furnished or a prescription is issued: damages in any
civil action, prosecution in any criminal proceeding, or professional
disciplinary action.
Sec.
4731.96.
(A)
As used in this section:
(1)
"Epinephrine delivery system" has the same meaning as in
section 3313.718 of the Revised Code.
(2)
"Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
conflicting provision of this chapter or rule adopted by the state
medical board, a physician may do any of the following without having
examined an individual to whom epinephrine may be administered:
(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(b)
Personally furnish a supply of epinephrine delivery systems for use
in accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code;
(c)
Issue a prescription for epinephrine autoinjectors for use in
accordance with Chapter 3728. of the Revised Code;
(d)
Issue a prescription for epinephrine delivery systems for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29,
and
5180.26 of the Revised Code.
(2)
An epinephrine autoinjector personally furnished or prescribed under
division (B)(1)(a) or (c) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.
(C)
A physician who acts in good faith in accordance with this section is
not liable for or subject to any of the following for any action or
omission of an entity to which an epinephrine delivery system,
including an autoinjector, is furnished or a prescription is issued:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.
Sec.
5104.53.
(A)
As used in this section:
(1)
"Family services program" has the same meaning as in
section 5101.35 of the Revised Code.
(2)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(3)
"Ohio
works first" has the same meaning as in section 5107.02 of the
Revised Code.
(4)
"Resource
caregiver" has the same meaning as in section 5103.02 of the
Revised Code.
(5)
"Supplemental nutrition assistance program" means the
program administered by the department of job and family services
pursuant to section 5101.54 of the Revised Code.
(B)
The early childhood education grant program is created in the
department of children and youth. Subject to available funds, the
program shall support and invest in early learning and development
programs operating in this state by awarding grants to programs that
meet the conditions of this section in an amount that corresponds to
the number of eligible children served by the programs.
(C)
To be eligible for a grant under this section, an early learning and
development program shall meet each of the following conditions:
(1)
The program is rated through the step up to quality program
established under section 5104.29 of the Revised Code at the tiered
rating specified by the department in rules adopted under this
section.
(2)
The program provides early learning and development services to one
or more preschool-age children described in division (D) of this
section.
(3)
The program meets any other eligibility condition specified by the
department in rules adopted under this section.
(D)
A preschool-age child who meets all of the following conditions, as
determined by
a
the
early learning and development program in consultation with the
county
department of job and family services, is eligible to participate in
the early childhood education grant program if a slot is available:
(1)
Either the amount of the child's family income does not exceed two
hundred per cent of the federal poverty line or the child meets one
of the following conditions:
(a)
An IEP has been developed for the child;
(b)
The child is placed with a resource caregiver as described in Chapter
5103. of the Revised Code, with such placement documented by either a
family case plan or kinship permanency incentive payments;
(c)
The child is homeless as described in division (V) of section 5104.01
of the Revised Code
;
(d)
The child has exited the state's part C early intervention services
program implemented pursuant to sections 5180.30 to 5180.32 of the
Revised Code as documented by an individual family service plan;
(e)
The child is a medicaid recipient or is part of a household or
assistance group that receives supplemental nutrition assistance
program benefits or participates in the Ohio works first program
.
(2)
The child is a citizen of the United States or a qualified alien.
(3)
The child meets any other eligibility condition specified by the
department in rules adopted under this section.
(E)
The
family of a child who is eligible to participate under this section
may elect to utilize the early childhood education grant program
instead of another source of state funding for child care.
(F)
An early learning and development program that utilized the education
management information system established under section 3301.0714 of
the Revised Code to track a child's attendance for the early
childhood education grant program prior to the effective date of this
amendment shall continue to use that system for attendance.
(G)
Any
funds appropriated to the department for purposes of the early
childhood education grant program shall be used as follows:
(1)
In each fiscal year, not more than two per cent of appropriated funds
shall be used for program support and technical assistance.
(2)
Appropriated funds other than those described in division
(E)(1)
(G)(1)
of this section shall be distributed to grant recipients
to be used to provide early learning and development services.
(3)
Any remaining funds beyond those required under divisions (G)(1) and
(2) of this section may be awarded to new or existing grant
recipients under this section to allow more children to participate
in the program or support program expansion, improvement, innovation,
or new pilot programs. Funds used under division (G)(3) of this
section shall be targeted for high-need areas
.
(F)
(H)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt rules to implement this section and administer the early
childhood education grant program, including rules addressing all of
the following topics:
(1)
Eligibility conditions and other requirements for participation in
the grant program by early learning and development programs,
including the tiered rating at which a program becomes eligible to
participate;
(2)
Eligibility conditions for children participating in the early
childhood education grant program if a slot is available;
(3)
Standards, procedures, and requirements to apply for and distribute
funds to participating early learning and development programs;
(4)
In the event funds are distributed in error under the program,
methods by which the department may recover those funds.
(G)
(I)
The award of an early childhood education grant under this section
shall not be considered publicly funded child care or a family
services program.
Sec.
5502.262.
(A)
As used in this section:
(1)
"Administrator" means the superintendent, principal, chief
administrative officer, or other person having supervisory authority
of any of the following:
(a)
A city, exempted village, local, or joint vocational school district;
(b)
A community school established under Chapter 3314. of the Revised
Code, as required through reference in division (A)(11)(d) of section
3314.03 of the Revised Code;
(c)
A STEM school established under Chapter 3326. of the Revised Code, as
required through reference in section 3326.11 of the Revised Code;
(d)
A
college-preparatory boarding school established under Chapter 3328.
of the Revised Code;
(e)
A
district or school operating a career-technical education program
approved by the department of education and workforce under section
3317.161 of the Revised Code;
(f)
(e)
A chartered nonpublic school;
(g)
(f)
An educational service center;
(h)
(g)
A preschool program or school-age child care program licensed by the
department of children and youth;
(i)
(h)
Any other facility that primarily provides educational services to
children subject to regulation by the department of education and
workforce.
(2)
"Emergency management test" means a regularly scheduled
drill, exercise, or activity designed to assess and evaluate an
emergency management plan under this section.
(3)
"Building" means any school, school building, facility,
program, or center.
(4)
"Regional mobile training officer" means the regional
mobile training officer appointed under section 5502.70 of the
Revised Code for the region in which a district, school, center,
program, or facility is located.
(B)(1)
Each administrator shall develop and adopt a comprehensive emergency
management plan, in accordance with rules adopted pursuant to
division (F) of this section, for each building under the
administrator's control. The administrator shall examine the
environmental conditions and operations of each building to determine
potential hazards to student and staff safety and shall propose
operating changes to promote the prevention of potentially dangerous
problems and circumstances. In developing the plan for each building,
the administrator shall involve community law enforcement and safety
officials, parents of students who are assigned to the building, and
teachers and nonteaching employees who are assigned to the building.
The administrator may involve the regional mobile training officer in
the development of the plan. The administrator shall incorporate
remediation strategies into the plan for any building where
documented safety problems have occurred.
(2)
Each administrator shall also incorporate into the emergency
management plan adopted under division (B)(1) of this section all of
the following:
(a)
A protocol for addressing serious threats to the safety of property,
students, employees, or administrators;
(b)
A protocol for responding to any emergency events that occur and
compromise the safety of property, students, employees, or
administrators. This protocol shall include, but not be limited to,
all of the following:
(i)
A floor plan that is unique to each floor of the building;
(ii)
A site plan that includes all building property and surrounding
property;
(iii)
An emergency contact information sheet.
(c)
A threat assessment plan developed as prescribed in section 5502.263
of the Revised Code. A building may use the model plan developed by
the department of public safety under that section;
(d)
A protocol for school threat assessment teams established under
section 3313.669 of the Revised Code;
(e)
A protocol that addresses student use of cellular telephones during
an active threat or emergency.
(3)
Each protocol described in division (B) of this section shall include
procedures determined to be appropriate by the administrator for
responding to threats and emergency events, respectively, including
such things as notification of appropriate law enforcement personnel,
calling upon specified emergency response personnel for assistance,
and informing parents of affected students.
Prior
to the opening day of each school year, the administrator shall
inform each student or child enrolled in the school and the student's
or child's parent of the parental notification procedures included in
the protocol.
(4)
Each administrator shall keep a copy of the emergency management plan
adopted pursuant to this section in a secure place.
(C)(1)
The administrator shall submit to the director of public safety, in
accordance with rules adopted pursuant to division (F) of this
section, an electronic copy of the emergency management plan
prescribed by division (B) of this section not less than once every
three years, whenever a major modification to the building requires
changes in the procedures outlined in the plan, and whenever
information on the emergency contact information sheet changes.
(2)
The administrator also shall file a copy of the plan with each law
enforcement agency that has jurisdiction over the school building
and, upon request, to any of the following:
(a)
The fire department that serves the political subdivision in which
the building is located;
(b)
The emergency medical service organization that serves the political
subdivision in which the building is located;
(c)
The county emergency management agency for the county in which the
building is located;
(d)
The regional mobile training officer.
(3)
Upon receipt of an emergency management plan, the director shall post
the information on the contact and information management system and
submit the information in accordance with rules adopted pursuant to
division (F) of this section, to the attorney general, who shall post
that information on the Ohio law enforcement gateway or its
successor.
(4)
Any department or entity to which copies of an emergency management
plan are filed under this section shall keep the copies in a secure
place.
(D)(1)
Not later than the first day of September of each year, each
administrator shall review the emergency management plan and certify
to the director that the plan is current and accurate.
(2)
Anytime that an administrator updates the emergency management plan
pursuant to division (C)(1) of this section, the administrator shall
file copies, not later than the tenth day after the revision is
adopted and in accordance with rules adopted pursuant to division (F)
of this section, to the director and to any entity with which the
administrator filed a copy under division (C)(2) of this section.
(E)
Each administrator shall do both of the following:
(1)
Prepare and conduct at least one annual emergency management test, as
defined in division (A)(2) of this section, in accordance with rules
adopted pursuant to division (F) of this section;
(2)
Grant access to each building under the control of the administrator
to law enforcement personnel and to entities described in division
(C)(2) of this section, to enable the personnel and entities to hold
training sessions for responding to threats and emergency events
affecting the building, provided that the access occurs outside of
student instructional hours and the administrator, or the
administrator's designee, is present in the building during the
training sessions.
(F)
The director of public safety, in consultation with representatives
from the education community and in accordance with Chapter 119. of
the Revised Code, shall adopt rules regarding emergency management
plans under this section, including the content of the plans and
procedures for filing the plans. The rules shall specify that plans
and information required under division (B) of this section be
submitted on standardized forms developed by the director for such
purpose. The rules shall also specify the requirements and procedures
for emergency management tests conducted pursuant to division (E)(1)
of this section. Failure to comply with the rules may result in
discipline pursuant to section 3319.31 of the Revised Code or any
other action against the administrator as prescribed by rule.
(G)
Division (B) of section 3319.31 of the Revised Code applies to any
administrator who is subject to the requirements of this section and
is not exempt under division (H) of this section and who is an
applicant for a license or holds a license from the state board of
education pursuant to section 3319.22 of the Revised Code.
(H)(1)
The director may exempt any administrator from the requirements of
this section, if the director determines that the requirements do not
otherwise apply to a building or buildings under the control of that
administrator.
(2)
The director shall exempt from the requirements of this section the
administrator of an online learning school, established under section
3302.42 of the Revised Code, unless students of that school
participate in in-person instruction or assessments at a location
that is not covered by an existing emergency management plan,
developed under this section as of December 14, 2021.
(I)
Copies of the emergency management plan, including all records
related to the plan, emergency management tests, and information
required under division (B) of this section are security records and
are not public records pursuant to section 149.433 of the Revised
Code. In addition, the information posted to the contact and
information management system, pursuant to division (C)(3)(b) of this
section, is exempt from public disclosure or release in accordance
with sections 149.43, 149.433, and 5502.03 of the Revised Code.
Notwithstanding
section 149.433 of the Revised Code, a floor plan filed with the
attorney general pursuant to this section is not a public record to
the extent it is a record kept by the attorney general.
Sec.
5705.212.
(A)(1)
The board of education of any school district, at any time and by a
vote of two-thirds of all of its members, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for the
present and future requirements of the school district, that it is
necessary to levy not more than five taxes in excess of that
limitation for current expenses, and that each of the proposed taxes
first will be levied in a different year, over a specified period of
time. The board shall identify the taxes proposed under this section
as follows: the first tax to be levied shall be called the "original
tax." Each tax subsequently levied shall be called an
"incremental tax." The rate of each incremental tax shall
be identical, but the rates of such incremental taxes need not be the
same as the rate of the original tax. The resolution also shall state
that the question of these additional taxes shall be submitted to the
electors of the school district at a special election. The resolution
shall specify separately for each tax proposed: the amount of the
increase in rate that it is necessary to levy, expressed separately
for the original tax and each incremental tax; that the purpose of
the levy is for current expenses; the number of years during which
the original tax shall be in effect; a specification that the last
year in which the original tax is in effect shall also be the last
year in which each incremental tax shall be in effect; and the year
in which each tax first is proposed to be levied. The original tax
may be levied for any number of years not exceeding ten, or for a
continuing period of time. The resolution shall specify the date of
holding the special election, which shall not be earlier than ninety
days after the adoption and certification of the resolution and shall
be consistent with the requirements of section 3501.01 of the Revised
Code.
(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew taxes levied other
than for a continuing period of time under division (A)(1) of this
section. Such a resolution shall provide for levying a tax and
specify all of the following:
(a)
That the tax shall be called and designated on the ballot as a
renewal levy;
(b)
The rate of the renewal tax, which shall be a single rate that
combines the rate of the original tax and each incremental tax into a
single rate. The rate of the renewal tax shall not exceed the
aggregate rate of the original and incremental taxes.
(c)
The number of years, not to exceed ten, that the renewal tax will be
levied, or that it will be levied for a continuing period of time;
(d)
That the purpose of the renewal levy is for current expenses;
(e)
Subject to the certification and notification requirements of section
5705.251 of the Revised Code, that the question of the renewal levy
shall be submitted to the electors of the school district at the
general election held during the last year the original tax may be
extended on the real and public utility property tax list and
duplicate or at a special election held during the ensuing year.
(3)
A resolution adopted under division (A)(1) or (2) of this section
shall go into immediate effect upon its adoption and no publication
of the resolution is necessary other than that provided for in the
notice of election. Immediately after its adoption, a copy of the
resolution shall be certified to the board of elections of the proper
county in the manner provided by division (A) of section 5705.251 of
the Revised Code, and that division shall govern the arrangements for
the submission of the question and other matters concerning the
election to which that section refers. The election shall be held on
the date specified in the resolution. If a majority of the electors
voting on the question so submitted in an election vote in favor of
the taxes or a renewal tax, the board of education, if the original
or a renewal tax is authorized to be levied for the current year,
immediately may make the necessary levy within the school district at
the authorized rate, or at any lesser rate in excess of the ten-mill
limitation, for the purpose stated in the resolution. No tax shall be
imposed prior to the year specified in the resolution as the year in
which it is first proposed to be levied. The rate of the original tax
and the rate of each incremental tax shall be cumulative, so that the
aggregate rate levied in any year is the sum of the rates of both the
original tax and all incremental taxes levied in or prior to that
year under the same proposal. A tax levied for a continuing period of
time under this section may be reduced pursuant to section 5705.261
of the Revised Code.
(B)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied in the current or the succeeding year
and prior to the time when the first tax collection from that levy
can be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in an amount not to
exceed fifty per cent of the total estimated proceeds of the levy to
be collected during the first year of the levy. The notes shall be
sold as provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal as
the anticipation notes mature shall be deemed appropriated for those
purposes from the levy, and appropriations from the levy by the board
of education shall be limited each fiscal year to the balance
available in excess of that amount.
If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.
(C)(1)
The board of education of a qualifying school district, at any time
and by a vote of two-thirds of all its members, may declare by
resolution that it is necessary to levy not more than five taxes in
excess of the ten-mill limitation for the current expenses of
partnering community schools and, if any of the levy proceeds are so
allocated, of the school district, and that each of the proposed
taxes first will be levied in a different year, over a specified
period of time. A qualifying school district that is not a municipal
school district may allocate all of the levy proceeds to partnering
community schools. A municipal school district shall allocate a
portion of the levy proceeds to the current expenses of the district.
The board shall identify the taxes proposed under this division in
the same manner as in division (A)(1) of this section. The rate of
each incremental tax shall be identical, but the rates of such
incremental taxes need not be the same as the rate of the original
tax. In addition to the specifications required of the resolution in
division (A) of this section, the resolution shall state the number
of the mills to be levied each year for the current expenses of the
partnering community schools and the number of the mills, if any, to
be levied each year for the current expenses of the school district.
The number of mills for the current expenses of partnering community
schools shall be the same for each of the incremental taxes, and the
number of mills for the current expenses of the qualifying school
district shall be the same for each of the incremental taxes.
The
levy of taxes for the current expenses of a partnering community
school under division (C) of this section and the distribution of
proceeds from the tax by a qualifying school district to partnering
community schools is hereby determined to be a proper public purpose.
(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew taxes levied other
than for a continuing period of time under division (C)(1) of this
section. In such a renewal levy, the rates allocated to the
qualifying school district and to partnering community schools each
may be increased or decreased or remain the same, and the total rate
may be decreased or remain the same. In addition to the requirements
of division (A)(2) of this section, the resolution shall state the
number of the mills to be levied for the current expenses of the
partnering community schools and the number of the mills to be levied
for the current expenses of the school district.
(3)
A resolution adopted under division (C)(1) or (2) of this section is
subject to the rules and procedures prescribed by division (A)(3) of
this section.
(4)
The proceeds of each tax levied under division (C)(1) or (2) of this
section shall be credited and distributed in the manner prescribed by
division (B)(3) of section 5705.21 of the Revised Code, and divisions
(B)(4), (5), and (6) of that section apply to taxes levied under
division (C) of this section.
(5)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied under division (C)(1) or (2) of this
section, in the current or succeeding year and prior to the time when
the first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy for
the current expenses of the qualifying school district and issue
anticipation notes in a principal amount not exceeding fifty per cent
of the estimated proceeds of the levy to be collected during the
first year of the levy and allocated to the school district. The
portion of levy proceeds to be allocated to partnering community
schools shall not be included in the estimated proceeds anticipated
under this division and shall not be used to pay debt charges on any
anticipation notes.
The
notes shall be sold as provided in Chapter 133. of the Revised Code.
If anticipation notes are issued, they shall mature serially and in
substantially equal amounts during each year over a period not to
exceed five years. The amount necessary to pay the interest and
principal as the anticipation notes mature shall be deemed
appropriated for those purposes from the levy, and appropriations
from the levy by the board of education shall be limited each fiscal
year to the balance available in excess of that amount.
If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.
As
used in division (C) of this section, "qualifying school
district" and "partnering community schools" have the
same meanings as in section 5705.21 of the Revised Code.
(D)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.
(E)
When a school board certifies a resolution to the county auditor
under division (B)(1) of section 5705.03 of the Revised Code
proposing to levy a tax under division (A)(1) or (C)(1) of this
section, the county auditor shall certify, in addition to the other
information the auditor is required to certify under that section, an
estimate of both the levy's annual collections for the tax year for
which the original tax applies and the levies' aggregate annual
collections for the tax year for which the final incremental tax
applies, in both cases rounded to the nearest dollar, which shall be
calculated assuming that the amount of the tax list of the taxing
authority remains throughout the life of the levy the same as the
amount of the tax list most recently certified by the county auditor
under division (A) of section 319.28 of the Revised Code. If a school
district is located in more than one county, the county auditor shall
obtain from the county auditor of each other county in which the
district is located the current tax valuation for the portion of the
district in that county.
Sec.
5705.213.
(A)(1)
The board of education of any school district, at any time and by a
vote of two-thirds of all of its members, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for the
present and future requirements of the school district and that it is
necessary to levy a tax in excess of that limitation for current
expenses. The resolution also shall state that the question of the
additional tax shall be submitted to the electors of the school
district at a special election. The resolution shall specify, for
each year the levy is in effect, the amount of money that the levy is
proposed to raise, which may, for years after the first year the levy
is made, be expressed in terms of a dollar or percentage increase
over the prior year's amount. The resolution also shall specify that
the purpose of the levy is for current expenses, the number of years
during which the tax shall be in effect which may be for any number
of years not exceeding ten, and the year in which the tax first is
proposed to be levied. The resolution shall specify the date of
holding the special election, which shall not be earlier than
ninety-five days after the adoption and certification of the
resolution to the county auditor and not earlier than ninety days
after certification to the board of elections. The date of the
election shall be consistent with the requirements of section 3501.01
of the Revised Code.
(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew a tax levied under
division (A)(1) of this section. Such a resolution shall provide for
levying a tax and specify all of the following:
(a)
That the tax shall be called and designated on the ballot as a
renewal levy;
(b)
The amount of the renewal tax, which shall be no more than the amount
of tax levied during the last year the tax being renewed is
authorized to be in effect;
(c)
The number of years, not to exceed ten, that the renewal tax will be
levied, or that it will be levied for a continuing period of time;
(d)
That the purpose of the renewal levy is for current expenses;
(e)
Subject to the certification and notification requirements of section
5705.251 of the Revised Code, that the question of the renewal levy
shall be submitted to the electors of the school district at the
general election held during the last year the tax being renewed may
be extended on the real and public utility property tax list and
duplicate or at a special election held during the ensuing year.
(3)
A resolution adopted under division (A)(1) or (2) of this section
shall go into immediate effect upon its adoption and no publication
of the resolution is necessary other than that provided for in the
notice of election. Immediately after its adoption, a copy of the
resolution shall be certified to the county auditor of the proper
county, who shall, within ten days, calculate and certify to the
board of education the estimated levy, for the first year, and for
each subsequent year for which the tax is proposed to be in effect.
The estimates shall be made both in mills for each one dollar of
taxable value and in dollars for each one hundred thousand dollars of
the county auditor's market value. In making the estimates, the
auditor shall assume that the amount of the tax list remains
throughout the life of the levy, the same as the tax list most
recently certified by the county auditor under division (A) of
section 319.28 of the Revised Code.
If
the board desires to proceed with the submission of the question, it
shall certify its resolution, with the estimated tax levy expressed
in mills for each one dollar of taxable value and dollars for each
one hundred thousand dollars of the county auditor's market value for
each year that the tax is proposed to be in effect, to the board of
elections of the proper county in the manner provided by division (A)
of section 5705.251 of the Revised Code. Section 5705.251 of the
Revised Code shall govern the arrangements for the submission of the
question and other matters concerning the election to which that
section refers. The election shall be held on the date specified in
the resolution. If a majority of the electors voting on the question
so submitted in an election vote in favor of the tax, and if the tax
is authorized to be levied for the current year, the board of
education immediately may make the additional levy necessary to raise
the amount specified in the resolution or a lesser amount for the
purpose stated in the resolution.
(4)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.
(B)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied in the current or the succeeding year
and prior to the time when the first tax collection from that levy
can be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in an amount not to
exceed fifty per cent of the total estimated proceeds of the levy to
be collected during the first year of the levy. The notes shall be
sold as provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal as
the anticipation notes mature shall be deemed appropriated for those
purposes from the levy, and appropriations from the levy by the board
of education shall be limited each fiscal year to the balance
available in excess of that amount.
If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.
Sec.
5753.11.
(A)
As used in this section:
(1)
"Public school district" means any city, local, exempted
village, or joint vocational school district, community school
established under Chapter 3314. of the Revised Code,
or
STEM
school established under Chapter 3326. of the Revised Code
,
or college-preparatory boarding school established under Chapter
3328. of the Revised Code
.
"Public school district" does not include any STEM school
operated under section 3326.51 of the Revised Code.
(2)
"Student population" means the number of students residing
in a county who are enrolled in a public school district in grades
kindergarten through twelve and the total number of preschool
children with disabilities on the following dates:
(a)
For the January distribution, the Friday of the first full school
week in October;
(b)
For the August distribution, the Friday of the first full school week
in May.
(B)
For the purpose of calculating student population, each public school
district shall, twice annually, report to the department of education
and workforce the students enrolled in the district on the days
specified in division (A)(2) of this section. A student shall be
considered to be enrolled in a public school district if the student
is participating in education programs of the public school district
and the public school district has not:
(1)
Received documentation from a parent terminating enrollment of the
student;
(2)
Been provided documentation of a student's enrollment in another
public or private school; or
(3)
Ceased to offer education to the student.
If
more than one public school district reports a student as enrolled,
the department shall use procedures adopted by the department for the
reconciliation of enrollment to determine the district of enrollment
for purposes of this section. In the case of the dual enrollment of a
student in a joint vocational school district and another public
school district, the student shall be included in the enrollments for
both schools. If the valid school district or enrollment cannot be
determined in time for the certification, the count of these students
shall be divided equally between the reporting districts.
(C)
The department of education and workforce shall certify to the
department of taxation the student population for each county and the
student population for each public school district located in whole
or in part in the county on or before the thirtieth day of December,
for the January distribution and on or before the thirtieth day of
July, for the August distribution. A student shall be included in the
school district enrollment for a county only if a student resides in
that county. The location of each community school shall be the
enrollment area required to be defined by the community school and
its sponsor in accordance with division (A)(19) of section 3314.03 of
the Revised Code,
and
the
location of each STEM school shall be any county in which its
enrolled students reside
,
and the location of the college-preparatory boarding schools shall be
the territory of the school district in which the college-preparatory
school is located or the territory of any city, exempted village, or
local school district that has agreed to be a participating district
under section 3328.04 of the Revised Code
.
The
student population count certified by the department of education and
workforce to the department of taxation is final and shall not be
adjusted by future updates to the counts.
(D)
Not later than the thirty-first day of January and the thirty-first
day of August of each year, the tax commissioner shall distribute
funds in the gross casino revenue county student fund to public
school districts. The commissioner shall calculate the amount of
funds to distribute to each public school district as follows:
(1)
The commissioner shall calculate the proportional share of the funds
attributable to each county by dividing the total student population
certified for each county by the sum of the total student population
certified in all counties statewide.
(2)
The commissioner shall multiply the amount in division (D)(1) of this
section by the total amount of funds in the gross casino revenue
county student fund to obtain the share of funds for each county.
(3)
The commissioner shall multiply the amount in division (D)(2) of this
section by the quotient of the student population certified for each
individual district located in the county divided by the sum of the
student population certified for all public school districts located
in the county.
The
commissioner shall distribute to each public school district the
amount so calculated for each district.
Sec.
6109.121.
(A)
The director of environmental protection shall adopt rules in
accordance with Chapter 119. of the Revised Code that do all of the
following:
(1)
Require the owner or operator of a community or nontransient
noncommunity water system to conduct sampling of the system for lead
and copper;
(2)
Establish a schedule for lead and copper sampling applicable to the
owner or operator of a community or nontransient noncommunity water
system that, at a minimum, does both of the following:
(a)
Allows the director, in establishing the schedule, to consider the
following factors when determining if a community or nontransient
noncommunity water system must conduct sampling at least once
annually:
(i)
The age of the water system;
(ii)
Whether corrosion control requirements are met;
(iii)
Any other relevant risk factors, as determined by the director,
including aging infrastructure likely to contain lead service lines.
(b)
Requires the owner or operator of a system where such risk factors
are identified to conduct sampling at least once annually until the
risk factors are mitigated in accordance with rules.
(3)
Require the owner or operator of a community or nontransient
noncommunity water system to provide collected samples to a certified
laboratory for analysis;
(4)
Authorize the director to require additional sampling for pH level
and other water quality parameters to determine if corrosion control
requirements are met;
(5)
Authorize the director to establish corrosion control requirements
for community and nontransient noncommunity water systems;
(6)
Require the owner or operator of a community or nontransient
noncommunity water system to conduct a new or updated corrosion
control treatment study and submit a new or updated corrosion control
treatment plan not later than eighteen months after any of the
following events:
(a)
The system changes or adds a source from which water is obtained.
(b)
The system makes a substantial change in water treatment.
(c)
The system operates outside of acceptable ranges for lead, copper,
pH, or other corrosion indicators, as determined by the director.
(d)
Any other event determined by the director to have the potential to
impact the water quality or corrosiveness of water in the system.
(7)
Authorize the director to waive the requirement to conduct a new or
updated corrosion control study established in rules adopted under
division (A)(6) of this section in appropriate circumstances;
(8)
When the owner or operator of a community or nontransient
noncommunity water system is required to complete a corrosion control
treatment study and submit a plan in accordance with rules adopted
under division (A)(6) of this section, require the owner or operator
to complete the study and submit the plan to the director for
approval even if sampling results conducted subsequent to the
initiation of the study and plan do not exceed the lead action level
established in rules adopted under this chapter;
(9)
When the owner or operator of a community or nontransient
noncommunity water system is required to complete a corrosion control
treatment study and submit a plan in accordance with rules adopted
under division (A)(6) of this section, require the owner or operator
to submit to the director an interim status report of actions taken
to implement the corrosion control study six months and twelve months
from the date of initiation of the corrosion control study
requirement;
(10)
Establish a lead threshold for individual taps;
(11)
Establish and revise content for public education materials;
(12)
Authorize the director to develop procedures and requirements to
document that notices were provided by the owner or operator of a
community or nontransient noncommunity water system as required under
the rules adopted under division (A)(15) of this section;
(13)
Authorize the director to assess administrative penalties in
accordance with section 6109.23 of the Revised Code for violations of
the notice requirements established in rules adopted under divisions
(A)(15)(b) and (c)(i) of this section;
(14)
Require a laboratory that receives a lead or copper tap water sample
from a community or nontransient noncommunity water system to do both
of the following:
(a)
Complete a lead or copper analysis of the sample, as applicable, not
later than thirty business days after the receipt of the sample;
(b)
Not later than the end of the next business day following the day the
analysis of the sample is completed, report the results of the
analysis and all identifying information about where the sample was
collected to the community or nontransient noncommunity water system
and the director.
(15)
Require the owner or operator of a community or nontransient
noncommunity water system to do all of the following, as applicable,
with regard to laboratory results received under rules adopted under
division (A)(14) of this section:
(a)
If the laboratory results show that a sample from an individual tap
is below the applicable lead threshold as established in rules
adopted under this chapter, provide notice of the results of each
individual tap sample to the owner and persons served at the
residence or other structure where the tap was sampled within a time
period specified in rules that is not more than thirty business days
after the receipt of the laboratory results;
(b)
If the results show that a sample from an individual tap is above the
applicable lead threshold as established under rules adopted under
this chapter, provide notice of the results of each individual tap
sample to the owner and persons served at the residence or other
structure where the tap was sampled within a time period specified in
rules that is not more than two business days after the receipt of
the laboratory results, and do all of the following, as applicable:
(i)
For the owner or operator of a nontransient noncommunity water
system, immediately remove from service all fixtures identified as
contributing to elevated lead levels;
(ii)
For the owner or operator of a community water system, include in the
system's annual consumer confidence report the lead or copper
laboratory results, an explanation of the associated health risks,
what actions consumers of the system can take to reduce health risks,
and the actions the system is taking to reduce public exposure;
(iii)
Not later than two business days after the receipt of the laboratory
results, provide information on the availability of health screening
and blood lead level testing to the owner and persons served at the
residence or other structure where the sample was collected and
provide notice of the laboratory results to the applicable local
board of health.
(c)
If the laboratory results show that the community or nontransient
noncommunity water system exceeds the lead action level established
in rules adopted under this chapter, do all of the following, as
applicable:
(i)
Not later than two business days after the receipt of the laboratory
results, provide notice to all of the system's water consumers that
the system exceeds the lead action level. The owner or operator shall
provide the notice in a form specified by the director.
(ii)
Not later than five business days after the receipt of the laboratory
results by the owner or operator of a community water system, provide
information on the availability of tap water testing for lead to all
consumers served by the system who are known or likely to have lead
service lines, lead pipes, or lead solder as identified in the map
required to be completed by rules adopted under division (A)(18) of
this section;
(iii)
Not later than thirty business days after the receipt of the
laboratory results, make an analysis of laboratory results available
to all consumers served by the system, comply with public education
requirements established in rules adopted under this chapter that
apply when a public water system exceeds the lead action level, and
provide information to consumers served by the system about the
availability of health screenings and blood lead level testing in the
area served by the water system;
(iv)
Subject to rules adopted under division (A)(7) of this section,
perform a corrosion control treatment study and submit a corrosion
control treatment plan to the director not later than eighteen months
after the date on which laboratory results were received by the owner
or operator indicating that the system exceeded the lead action
level.
(16)
Require that not later than five business days after the receipt of
the laboratory results, the owner or operator shall certify to the
director that the owner or operator has complied with the
requirements of rules adopted under divisions (A)(15)(b),
(A)(15)(c)(i), and (A)(15)(c)(ii) of this section, as applicable.
(17)
Require that if the owner or operator of a community or nontransient
noncommunity water system fails to provide the notices required under
rules adopted under division (A)(15)(b) or (c)(i) of this section,
the director shall provide those notices beginning ten business days
from the date that the director receives laboratory results under the
rules adopted under division (A)(14) of this section.
(18)
Require the owner or operator of a community or nontransient
noncommunity water system to submit a map to the director showing
areas of the system that are known or are likely to contain lead
service lines and identifying characteristics of buildings served by
the system that may contain lead piping, solder, or fixtures. The
rules shall, at a minimum, require the owner or operator to do all of
the following:
(a)
Submit a copy of the applicable map to the department of health and
the department of job and family services;
(b)
Submit a report to the director containing at least the applicable
map and a list of sampling locations that are tier I sites used to
collect samples as required by rules adopted under this chapter,
including contact information for the owner and occupant of each
sampling site;
(c)
Update and resubmit the information required by divisions (A)(18)(a)
and (b) of this section according to a schedule determined by the
director, but not less frequently than required under the Safe
Drinking Water Act.
(B)
The director shall post information on the environmental protection
agency's web site about sources of funding that are available to
assist communities with lead service line identification and
replacement and schools with fountain and water-service fixture
replacement.
(C)
As required by the director, an owner or operator of a nontransient
noncommunity water system that is a school or child care center shall
collect additional tap water samples in buildings identified in the
map required to be completed by rules adopted under division (A)(18)
of this section.
(D)
As used in this section:
(1)
"Child care center" has the same meaning as in section
5104.01 of the Revised Code.
(2)
"School" means a school operated by the board of education
of a city, local, exempted village, or joint vocational school
district, the governing board of an educational service center, the
governing authority of a community school established under Chapter
3314. of the Revised Code, the governing body of a science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code,
the
board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code,
or the governing authority of a chartered or nonchartered nonpublic
school.
(3)
"Local board of health" means the applicable board of
health of a city or general health district or the authority having
the duties of a board of health under section 3709.05 of the Revised
Code.
Section
2.
That
existing sections 109.57, 109.803, 124.011, 133.06, 135.142, 135.143,
149.41, 2151.354, 2152.19, 2915.092, 2919.24, 2921.44, 3301.01,
3301.02, 3301.03, 3301.07, 3301.079, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3301.0715, 3301.0716, 3301.0730, 3301.111, 3301.12,
3301.133, 3301.45, 3301.52, 3301.85, 3302.01, 3302.02, 3302.021,
3302.03, 3302.034, 3302.035, 3302.04, 3302.05, 3302.07, 3302.10,
3302.12, 3302.13, 3302.151, 3302.17, 3302.21, 3302.41, 3307.01,
3309.01, 3309.011, 3310.03, 3310.14, 3310.522, 3311.242, 3311.741,
3311.80, 3313.11, 3313.411, 3313.413, 3313.483, 3313.603, 3313.6026,
3313.6028, 3313.61, 3313.611, 3313.612, 3313.614, 3313.618,
3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64,
3313.661, 3313.663, 3313.664, 3313.6611, 3313.7112, 3313.7118,
3313.753, 3313.814, 3313.902, 3314.016, 3314.017, 3314.02, 3314.031,
3314.034, 3314.35, 3314.351, 3314.353, 3314.362, 3315.42, 3316.03,
3316.04, 3316.06, 3316.14, 3317.02, 3317.023, 3317.03, 3317.18,
3317.25, 3319.2310, 3319.31, 3319.311, 3319.319, 3319.39, 3319.393,
3320.02, 3320.03, 3325.08, 3326.11, 3327.014, 3331.02, 3333.041,
3333.048, 3333.301, 3345.061, 3365.01, 3365.032, 3365.07, 3728.01,
3737.07, 3781.106, 3792.04, 4109.07, 4117.01, 4723.483, 4723.4811,
4729.01, 4729.513, 4729.541, 4730.433, 4730.437, 4731.92, 4731.96,
5104.53, 5502.262, 5705.212, 5705.213, 5753.11, and 6109.121 of the
Revised Code are hereby repealed.
Section
3.
That
sections 3301.28, 3301.68, 3302.032, 3302.036, 3302.042, 3302.06,
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066, 3302.067,
3302.068, 3313.484, 3313.487, 3313.488, 3313.489, 3313.4810,
3313.615
,
3313.85
,
3314.25, 3314.354, 3316.041, 3318.60, 3318.61, 3318.62, 3328.01,
3328.02, 3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14,
3328.15, 3328.16, 3328.17, 3328.18, 3328.19, 3328.191, 3328.192,
3328.193, 3328.20, 3328.21, 3328.22, 3328.23, 3328.24, 3328.241,
3328.25, 3328.26, 3328.27, 3328.29, 3328.30, 3328.31, 3328.32,
3328.34, 3328.35, 3328.36, 3328.37, 3328.38, 3328.41, 3328.45,
3328.50, 3328.52, and 3328.99 of the Revised Code are hereby
repealed.
Section
4.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
3326.11 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.
Section
4729.01 of the Revised Code as amended by H.B. 52, H.B. 96, S.B. 56,
and S.B. 152, all of the 136th General Assembly.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________