Regards closure requirements for poor-performing public schools

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 127

2025-2026

Senator Brenner

A
BILL

To
amend sections 3301.0712
,
3302.03, 3302.034
,
3302.036, 3302.12, 3313.413, 3314.012, 3314.016, 3314.017, 3314.0211,
3314.03
,
3314.05
,
3314.29, 3314.352, 3314.353, and 3314.354; to enact new section
3314.35 and section 3326.53; and to repeal sections 3314.35,
3314.351, 3314.355, and 3314.36 of the Revised
Code

regarding closure requirements or other actions for poor-performing
public schools.

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

Section
1.
That
sections 3301.0712
,
3302.03, 3302.034
,
3302.036, 3302.12, 3313.413, 3314.012, 3314.016, 3314.017, 3314.0211,
3314.03
,
3314.05
,
3314.29, 3314.352, 3314.353, and 3314.354 be amended and new section
3314.35 and section 3326.53 of the Revised Code be enacted to read as
follows:

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) 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 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)
The department shall not develop or administer an end-of-course
examination in the area of world history.

(10)
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) 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 recovery and prevention program for purposes of
division (F) of section 3313.603
and
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.
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 and writing
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)
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)
Whether the district or building meets the gifted performance
indicator under division (A)(2) of section 3302.02 of the Revised
Code and the extent to which the district or building meets gifted
indicator performance benchmarks;

(b)
The extent to which the district or building meets the chronic
absenteeism indicator under division (A)(3) of section 3302.02 of the
Revised Code;

(c)
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)
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)
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)
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) 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)
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)
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 four-year adjusted cohort graduation rate.

(f)
The five-year adjusted cohort graduation rate.

(g)
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) and (h) of this section.

(h)
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 section 3301.0715 of the Revised Code,
including the kindergarten readiness assessment, 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) 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)
The percentage of students in a district or building who are promoted
to the fourth grade and not subject to retention under division
(A)(2) of section 3313.608 of the Revised Code;

(j)
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 remediation-free score, 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;

(ii)
Attaining required scores on three or more advanced placement or
international baccalaureate examinations. The required score for an
advanced placement examination shall be a three or better. 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 or international baccalaureate
examinations.

(iii)
Earning at least twelve college credits through 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. Earned credits reported under division (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)
Meeting the additional criteria for an honors diploma under division
(B) of section 3313.61 of the Revised Code;

(v)
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)
Completing a pre-apprenticeship aligned with options established
under section 3313.904 of the Revised Code in the student's chosen
career field;

(II)
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)
Providing evidence of acceptance into an apprenticeship program after
high school that is restricted to participants eighteen years of age
or older.

(vii)
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)
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)
Approved by the business advisory council established under section
3313.82 of the Revised Code that represents the student's district;
or

(II)
Aligned to the career-technical education pathway approved by the
department in which the student is enrolled.

(ix)
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) of
this section.

(2)
In addition to the performance measures under division (D)(1) 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)
The applicable performance indicators established by the department
under division (A)(1) of section 3302.02 of the Revised Code;

(b)
The overall score under the value-added progress dimension of a
district or building for the most recent school year;

(c)
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)
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)
Students who are still enrolled in the district or building and
receiving general education services;

(ii)
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)
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)
Students who are no longer enrolled in any district or building;

(v)
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) of this section according to other categories that the
department determines are appropriate.

(e)
The results of the kindergarten diagnostic assessment prescribed
under division (D) of section 3301.079 of the Revised Code;

(f)
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)
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)
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)
Attained gainful employment, as determined by the department;

(iv)
Enlisted in a branch of the armed forces of the United States, as
defined in section 5910.01 of the Revised Code.

(g)
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";

(h)
The number and percentage of high school seniors in each school year
who completed the free application for federal student aid;

(i)
Beginning with the report card issued under this section for the
2022-2023 school year, 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)
The average ratio of teachers of record to students in each grade
level in a district or building;

(ii)
The average ratio of school counselors to students in a district or
building;

(iii)
The average ratio of nurses to students in a district or building;

(iv)
The average ratio of licensed librarians and library media
specialists to students in a district or building;

(v)
The average ratio of social workers to students in a district or
building;

(vi)
The average ratio of mental health professionals to students in a
district or building;

(vii)
The average ratio of paraprofessionals to students in a district or
building;

(viii)
The percentage of teachers with fewer than three years of experience
teaching in any school;

(ix)
The percentage of principals with fewer than three years of
experience as a principal in any school;

(x)
The percentage of teachers who are not teaching in the subject or
field for which they are certified or licensed;

(xi)
The percentage of kindergarten students who are enrolled in all-day
kindergarten, as defined in section 3321.05 of the Revised Code;

(xii)
The percentage of students enrolled in a performing or visual arts
course;

(xiii)
The percentage of students enrolled in a physical education or
wellness course;

(xiv)
The percentage of students enrolled in a world language course;

(xv)
The percentage of students in grades seven through twelve who are
enrolled in a career-technical education course;

(xvi)
The percentage of students participating in one or more cocurricular
activities;

(xvii)
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)
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)
The percentage of students participating in enrichment or support
programs offered by the district or building outside of the normal
school day;

(xx)
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)
The percentage of students who are transported by a school bus each
school day;

(xxii)
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.

(j)(i)
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)
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.

(k)
The percentage of students in the district or building to whom both
of the following apply:

(i)
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)
The students completed all of the grade levels offered prior to the
fourth grade in the district or building.

(3)
Except as provided in division (D)(3)(f) of this section, the
department shall use the method prescribed under rules adopted under
division (D)(4) of this section to assign performance ratings of "one
star," "two stars," "three stars," "four
stars," or "five stars," as described in division (F)
of this section, for a district or building for the individual
components prescribed under 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) of this
section. The method shall use the performance measures prescribed
under division (D)(1) of this section to calculate performance
ratings for components. The method may report data under division
(D)(2) 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)
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)
The gifted performance indicator as described in division (D)(1)(a)
of this section;

(ii)
The chronic absenteeism indicator as described in division (D)(1)(b)
of this section;

(iii)
For English learners, an English language proficiency improvement
indicator established by the department;

(iv)
The subgroup graduation targets;

(v)
The subgroup achievement targets in both mathematics and English
language arts;

(vi)
The subgroup progress targets in both mathematics and English
language arts.

Achievement
and progress targets under division (D)(3)(a) 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)
Achievement, which shall include the performance measure in division
(D)(1)(c) of this section and the reported data in division (D)(2)(a)
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) of this section.

(c)
Progress, which shall include the performance measure in division
(D)(1)(d) of this section and the reported data in divisions
(D)(2)(b) and (c) of this section;

(d)
Graduation, which shall include the performance measures in divisions
(D)(1)(e) and (f) of this section and the reported data in divisions
(D)(2)(d) and (j) of this section. The four-year adjusted cohort
graduation rate shall be assigned a weight of sixty per cent and the
five-year adjusted cohort graduation rate shall be assigned a weight
of forty per cent
;
.

(e)
Early literacy, which shall include the performance measures in
divisions (D)(1)(g), (h), and (i) of this section and the reported
data in divisions (D)(2)(e) and (k) of this section.

If
the measure prescribed under division (D)(1)(h) 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) of this section, a weight of
thirty-five per cent to the measure prescribed under division
(D)(1)(i) of this section, and a weight of twenty-five per cent to
the measure prescribed under division (D)(1)(h) of this section.

If
the measure prescribed under division (D)(1)(h) 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) of this
section and a weight of forty per cent to the measure prescribed
under division (D)(1)(i) of this section.

(f)
College, career, workforce, and military readiness, which shall
include the performance measure in division (D)(1)(j) of this section
and the reported data in division (D)(2)(f) 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
department shall develop and propose rules for a method to assign a
performance rating to the college, career, workforce, and military
readiness component based on that measure. 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 division (D)(4)(b) 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 the method prescribed
under rules adopted in division (D)(4) of this section, the
department shall use the performance ratings assigned for the
components prescribed in divisions (D)(3)(a) to (e) 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 department's method shall use the components in
divisions (D)(3)(a), (b), (c), (d), (e), and (f) of this section to
calculate the overall performance rating. 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
prescribed in divisions (D)(3)(a), (d), (e), and (f) of this section.
The individual weights of each of the components prescribed in
divisions (D)(3)(a), (d), (e), and (f) of this section shall be equal
to one-half the weight given to the component prescribed in division
(D)(3)(b) 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)
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) 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) 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 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) 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)
For the overall performance rating under division (D)(3) 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)
For performance ratings for each component under divisions (D)(3)(a)
to (f) 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) of this section for
component performance ratings.

(4)
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) of this section, which shall be
included in the presentation of the overall performance rating on
each report card.

(G)
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) to (13) of this section
that it deems relevant.

In
reporting data pursuant to division (G) 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) 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)
The department may include with the report cards any additional
education and fiscal performance data it deems valuable.

(I)
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)
Except as provided in division (J)(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 a majority of the students
enrolled in the conversion community school are enrolled in a dropout
prevention and recovery program that is operated by the school
,
as described in division (B)(1) of section 3314.35 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) 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) 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) 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)
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)
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)
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) 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.,
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

as described under division (E)(2)(d)(ii) of section 3314.017 of the
Revised Code
,
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.
3302.036.
(A)
Notwithstanding anything in the Revised Code to the contrary, the
department of education and workforce shall not assign an overall
letter grade under division (C)(3) of section 3302.03 of the Revised
Code for any school district or building for the 2014-2015,
2015-2016, or 2016-2017 school years, may, at the discretion of the
department, not assign an individual grade to any component
prescribed under division (C)(3) of section 3302.03 of the Revised
Code, and shall not rank school districts, community schools
established under Chapter 3314. of the Revised Code, or STEM schools
established under Chapter 3326. of the Revised Code under section
3302.21 of the Revised Code for those school years. The report card
ratings issued for the 2014-2015, 2015-2016, or 2016-2017 school
years shall not be considered in determining whether a school
district or a school is subject to sanctions or penalties. However,
the report card ratings of any previous or subsequent years shall be
considered in determining whether a school district or building is
subject to sanctions or penalties. Accordingly, the report card
ratings for the 2014-2015, 2015-2016, or 2016-2017 school years shall
have no effect in determining sanctions or penalties, but shall not
create a new starting point for determinations that are based on
ratings over multiple years.

(B)
The provisions from which a district or school is exempt under
division (A) of this section shall be the following:

(1)
Any restructuring provisions established under this chapter, except
as required under the "No Child Left Behind Act of 2001";

(2)
Provisions for the Columbus city school pilot project under section
3302.042 of the Revised Code;

(3)
Provisions for academic distress commissions under former section
3302.10 of the Revised Code as it existed prior to October 15, 2015.
The provisions of this section do not apply to academic distress
commissions under the version of that section as it exists on or
after October 15, 2015.

(4)
Provisions prescribing new buildings where students are eligible for
the educational choice scholarships under section 3310.03 of the
Revised Code;

(5)
Provisions defining "challenged school districts" in which
new start-up community schools were required to be located, as
prescribed in section 3314.02 of the Revised Code as it existed prior
to September 30, 2021;

(6)
Provisions prescribing
community
school closure
requirements

for
poorly performing community schools
under
section 3314.35 or
former
section
3314.351
of the Revised Code

as it existed prior to the effective date of this amendment
.

(C)
Notwithstanding anything in the Revised Code to the contrary and
except as provided in Section 3 of H.B. 7 of the 131st general
assembly, no school district, community school, or STEM school shall
utilize at any time during a student's academic career a student's
score on any assessment administered under division (A) of section
3301.0710 or division (B)(2) of section 3301.0712 of the Revised Code
in the 2014-2015, 2015-2016, or 2016-2017 school years as a factor in
any decision to promote or to deny the student promotion to a higher
grade level or in any decision to grant course credit. No individual
student score reports on such assessments administered in the
2014-2015, 2015-2016, or 2016-2017 school years shall be released,
except to a student's school district or school or to the student or
the student's parent or guardian.

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)
The school building has received an overall performance rating of
less than two stars under section 3302.03 of the Revised Code
is
under the control of a school district and, for the three most recent
school years, meets all of the following criteria:

(a)
The school building offers a grade level higher than three.

(b)
The school building has been ranked by the department of education
and workforce according to performance index score in the bottom five
per cent of all rated school buildings in the state.

(c)
The school building has been ranked by the department according to
effect size under the value-added progress dimension in the bottom
ten per cent of all ranked school buildings in the state
.

(2)

The
department shall provide notice to any school district in control of
a school building to which this section applies of that fact.
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
one
of the following entities
to
operate the school
;
:

(i)
An education management organization or charter management
organization that is approved by the department and meets at least
one of the following conditions:

(I)
The organization has experience in improving school performance;

(II)
The schools managed by the organization have received an average of
at least three stars in the achievement and progress components under
division (D)(3) of section 3302.03 of the Revised Code on the most
recent report card issued by the department.

(ii)
A school district that meets both of the following:

(I)
The district has received an overall performance rating of at least
four stars on its most recent report card issued under section
3302.03 of the Revised Code and has experience improving school
performance, as determined by the department;

(II)
The district does not operate any school building that is subject to
this section.

(iii)
An educational service center that has experience in school
improvement and meets criteria established by the department;

(iv)
A private college as defined in section 3365.01 of the Revised Code
that has experience in school improvement and meets criteria
established by the department;

(v)
A state institution of higher education as defined in section
3345.011 of the Revised Code that has experience in school
improvement and meets criteria established by the department.

(c)
Replace the principal and
all
teaching
at
least a majority of licensed
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.

Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, this provision prevails over any conflicting provisions
of a collective bargaining agreement or contract for employment
entered into after the effective date of this amendment.

(d)

Reopen
the school as a conversion community school under Chapter 3314. of
the Revised Code
Consolidate
the school district that controls the school building into another
school district
.

Notwithstanding anything to the contrary in the Revised Code, the
state board of education shall approve any transfer of territory made
under this division.

(e)
Work with a department-approved external service provider with
expertise in school improvement.

(3)
If a school district board of education that controls a school
building subject to this section implements any alternative to
closure under division (A)(2) of this section or any combination of
alternatives to closure under that division and the school building
continues to meet the criteria described in division (A)(1) of this
section for the next three consecutive school years, beginning with
the school year in which an alternative to closure is first
implemented, the district board of education with control of that
building shall close the school pursuant to division (A)(2)(a) of
this section.

(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)
If a school is restructured under this section, section 3302.042 or
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.

(E)
The department may adopt rules as necessary to implement this
section.

(F)
The department shall not consider report cards issued prior to the
2024-2025 school year in determining whether a school building is
subject to this section.

Sec.
3313.413.
(A)
As used in this section, "high-performing community school"
means either of the following:

(1)
A community school established under Chapter 3314. of the Revised
Code that meets the following conditions:

(a)
Except as provided in division (A)(1)(b) or (c) of this section, the
school both:

(i)
Has received either a grade of "A," "B," or "C"
for the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code or a performance rating of three stars or
higher for achievement under division (D)(3)(b) of that section; or
has increased its performance index score under division (C)(1)(b) or
(D)(1)(d) of section 3302.03 of the Revised Code in each of the
previous three years of operation; and

(ii)
Has received either a grade of "A" or "B" for the
value-added progress dimension under division (C)(1)(e) of section
3302.03 of the Revised Code or a performance rating of four stars or
higher for progress under division (D)(3)(c) of that section on its
most recent report card rating issued under that section.

(b)
If the school serves only grades kindergarten through three, the
school received either a grade of "A" or "B" for
making progress in improving literacy in grades kindergarten through
three under division (C)(1)(g) of section 3302.03 of the Revised Code
or a performance rating of four stars or higher for early literacy
under division (D)(3)(e) of that section on its most recent report
card issued under that section.

(c)
If the school primarily serves students enrolled in a dropout
prevention and recovery program

as described in division (B)(1) of section 3314.35 of the Revised
Code
,
the school received a rating of "exceeds standards" on its
most recent report card issued under section 3314.017 of the Revised
Code.

(2)
A newly established community school that is implementing a community
school model that has a track record of high-quality academic
performance, as determined by the department of education and
workforce.

(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.
3314.012.
(A)
Except as provided in section 3314.017 of the Revised Code, the
department of education and workforce shall issue an annual report
card for each community school, regardless of how long the school has
been in operation. The report card shall report the academic and
financial performance of the school
.

The report card shall include all information applicable to school
buildings under section 3302.03 of the Revised Code. The ratings a
community school receives under section 3302.03 of the Revised Code
for its first two full school years shall not be considered toward

automatic
closure of the school under
actions
required for poorly performing community schools under
section
3314.35 of the Revised Code or any other matter that is based on
report card ratings.

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

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

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)(6) 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. For a sponsor that
was rated "effective" or "exemplary" on its most
recent rating, the department may evaluate that sponsor's adherence
to quality practices once over a period of three years. If the
department elects to evaluate a sponsor once over a period of three
years, the most recent rating for a sponsor's adherence to quality
practices shall be used when determining an annual overall rating
conducted under 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 and all community schools

described
in division (B)(2) of section 3314.35 of the Revised Code
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
.
However, the academic performance of the community schools
described
in division (B)(2) of section 3314.35 of the Revised Code
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
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)(a)
The department may permit peer review of a sponsor's adherence to the
quality practices prescribed under division (B)(3) of this section.
Peer reviewers shall be limited to individuals employed by sponsors
rated "effective" or "exemplary" on the most
recent ratings conducted under this section.

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

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

(5)
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.

(6)
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.

(7)(a)
Entities with an overall rating of "exemplary" for the two
most recent years in which the entity was evaluated 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)(7)(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" or
"effective" for the three most recent years in which the
entity was evaluated shall be evaluated by the department once every
three years.

(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.

(8)
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
community schools that primarily serve students enrolled in a dropout
prevention and recovery program.

(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)(7)(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 community schools that primarily
serve students enrolled in dropout prevention and recovery programs

as described in division (B)(1) of section 3314.35 of the Revised
Code
,
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) 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 community school
described
in division (B)(1) of section 3314.35 of the Revised Code
that
primarily serves students enrolled in a dropout prevention and
recovery program
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)(1)
For the 2012-2013 school year, the department shall issue a report
card including the following performance measures, but without a
performance rating as described in divisions (D)(1)(a) to (c) of this
section, for each community school described in division (B)(1) of
section 3314.35 of the Revised Code:

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

(b)
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;

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

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

(2)
For the 2013-2014 school year, the department shall issue a report
card including the following performance measures for each community
school described in division (B)(1) of section 3314.35 of the Revised
Code:

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

(b)
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,
including a performance rating as described in divisions (D)(1)(a) to
(c) of this section;

(c)
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;

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

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

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

(3)
(E)

Beginning with the 2014-2015 school year, and annually thereafter,
the department shall issue a report card for each community school

described
in division (B)(1) of section 3314.35 of the Revised Code
that
primarily serves students enrolled in a dropout prevention and
recovery program
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:

(a)
(1)

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

(b)
(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;

(c)
(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;

(d)
(4)

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

(e)
(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)(3)
(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 community school

described
in division (B)(1) of section 3314.35 of the Revised Code
that
primarily serves students enrolled in a dropout prevention and
recovery program
.
Each such school shall cooperate with the department. The department
shall consult with stakeholder groups in performing its duties under
this division.

(H)
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) 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.
3314.0211.
(A)
No community school to which either of the following applies shall be
eligible to merge with one or more other community schools under this
section:

(1)
The school has met the performance criteria
for
required closure
specified
in division (A) of section 3314.35
or
division (A) of section 3314.351 of the Revised Code
for
at least one of the two most recent school years.

(2)
The school has been notified of the sponsor's intent to terminate or
not renew the school's contract pursuant to section 3314.07 of the
Revised Code.

(B)
Two or more community schools may merge upon the adoption of a
resolution by the governing authority of each school involved in the
merger. Any merger shall take effect on the first day of July of the
year specified in the resolution.

(C)
Not less than sixty days prior to the effective date of a merger
under division (B) of this section, each community school involved in
the merger shall do both of the following:

(1)
Provide a copy of the resolution to the school's sponsor;

(2)
Notify the department of education and workforce of all of the
following:

(a)
The impending merger;

(b)
The effective date of the merger;

(c)
The school that will be designated as the surviving school in
accordance with section 1702.41 of the Revised Code;

(d)
The entity that will sponsor the surviving school.

(D)
Notwithstanding anything to the contrary in the Revised Code, the
governing authority of the surviving community school shall enter
into a new contract with the school's sponsor under section 3314.03
of the Revised Code.

(E)
No sponsor shall do either of the following:

(1)
Assign the sponsor's existing contract with a merging community
school to the sponsor of the surviving community school;

(2)
Assume an existing contract from the sponsor of a community school
involved in a merger under division (B) of this section.

Division
(E) of this section shall not apply to the office of Ohio school
sponsorship established under section 3314.029 of the Revised Code.

(F)(1)
The department shall issue a report card under section 3302.03 or
3314.017 of the Revised Code for the surviving community school.

(2)
Notwithstanding anything to the contrary in division (A) of section
3314.012 of the Revised Code, all report card ratings associated with
the surviving school, whether issued before or after the merger,
shall be used for purposes of section 3314.35
or
3314.351
of
the Revised Code and any other matter that is based on report card
ratings or measures.

(G)
Nothing in this section shall exempt a community school from closure
under section 3314.35
or
3314.351
of
the Revised Code.

Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director under
this section.

(A)
Each contract entered into between a sponsor and the governing
authority of a community school shall specify the following:

(1)
That the school shall be established as either of the following:

(a)
A nonprofit corporation established under Chapter 1702. of the
Revised Code, if established prior to April 8, 2003;

(b)
A public benefit corporation established under Chapter 1702. of the
Revised Code, if established after April 8, 2003.

(2)
The education program of the school, including the school's mission,
the characteristics of the students the school is expected to
attract, the ages and grades of students, and the focus of the
curriculum;

(3)
The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those goals, which shall
include the statewide achievement assessments;

(4)
Performance standards, including but not limited to all applicable
report card measures set forth in section 3302.03 or 3314.017 of the
Revised Code, by which the success of the school will be evaluated by
the sponsor;

(5)
The admission standards of section 3314.06 of the Revised Code and,
if applicable, section 3314.061 of the Revised Code;

(6)(a)
Dismissal procedures;

(b)
A requirement that the governing authority adopt an attendance policy
that includes a procedure for automatically withdrawing a student
from the school if the student without a legitimate excuse fails to
participate in seventy-two consecutive hours of the learning
opportunities offered to the student.

(7)
The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;

(8)
Requirements for financial audits by the auditor of state. The
contract shall require financial records of the school to be
maintained in the same manner as are financial records of school
districts, pursuant to rules of the auditor of state. Audits shall be
conducted in accordance with section 117.10 of the Revised Code.

(9)
An addendum to the contract outlining the facilities to be used that
contains at least the following information:

(a)
A detailed description of each facility used for instructional
purposes;

(b)
The annual costs associated with leasing each facility that are paid
by or on behalf of the school;

(c)
The annual mortgage principal and interest payments that are paid by
the school;

(d)
The name of the lender or landlord, identified as such, and the
lender's or landlord's relationship to the operator, if any.

(10)
Qualifications of employees, including both of the following:

(a)
A requirement that the school's classroom teachers be licensed in
accordance with sections 3319.22 to 3319.31 of the Revised Code,
except that a community school may engage noncertificated persons to
teach up to twelve hours or forty hours per week pursuant to section
3319.301 of the Revised Code;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(11)
That the school will comply with the following requirements:

(a)
The school will provide learning opportunities to a minimum of
twenty-five students for a minimum of nine hundred twenty hours per
school year.

(b)
The governing authority will purchase liability insurance, or
otherwise provide for the potential liability of the school.

(c)
The school will be nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution.

(d)
The school will comply with sections 9.90, 9.91, 109.65, 121.22,
149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712,
3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609,
3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6025,
3313.6026, 3313.6028, 3313.6029, 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, 3313.718, 3313.719, 3313.7112, 3313.7117,
3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078,
3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391,
3319.393, 3319.41, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03,
3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17,
3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17,
4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347.,
2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised
Code as if it were a school district and will comply with section
3301.0714 of the Revised Code in the manner specified in section
3314.17 of the Revised Code.

(e)
The school shall comply with Chapter 102. and section 2921.42 of the
Revised Code.

(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum of a
high school prior to receiving a high school diploma shall be met by
completing the requirements prescribed in section 3313.6027 and
division (C) of section 3313.603 of the Revised Code, unless the
person qualifies under division (D) or (F) of that section. Each
school shall comply with the plan for awarding high school credit
based on demonstration of subject area competency, and beginning with
the 2017-2018 school year, with the updated plan that permits
students enrolled in seventh and eighth grade to meet curriculum
requirements based on subject area competency adopted by the
department under divisions (J)(1) and (2) of section 3313.603 of the
Revised Code. Beginning with the 2018-2019 school year, the school
shall comply with the framework for granting units of high school
credit to students who demonstrate subject area competency through
work-based learning experiences, internships, or cooperative
education developed by the department under division (J)(3) of
section 3313.603 of the Revised Code.

(g)
The school governing authority will submit within four months after
the end of each school year a report of its activities and progress
in meeting the goals and standards of divisions (A)(3) and (4) of
this section and its financial status to the sponsor and the parents
of all students enrolled in the school.

(h)
The school, unless it is an internet- or computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.

(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the Revised
Code as if it were a school district.

(j)
If the school operates a preschool program that is licensed by the
department under sections 3301.52 to 3301.59 of the Revised Code, the
school shall comply with sections 3301.50 to 3301.59 of the Revised
Code and the minimum standards for preschool programs prescribed in
rules adopted by the department of children and youth under section
3301.53 of the Revised Code.

(k)
The school will comply with sections 3313.6021 and 3313.6023 of the
Revised Code as if it were a school district unless it is either of
the following:

(i)
An internet- or computer-based community school;

(ii)
A community school in which a majority of the enrolled students are
children with disabilities
as
described in division (B)(2) of section 3314.35 of the Revised
Code
receiving
special education and related services in accordance with Chapter
3323. of the Revised Code
.

(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.

(12)
Arrangements for providing health and other benefits to employees;

(13)
The length of the contract, which shall begin at the beginning of an
academic year. No contract shall exceed five years unless such
contract has been renewed pursuant to division (E) of this section.

(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;

(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.

(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 3314.07 of the Revised Code;

(17)
Whether the school is to be created by converting all or part of an
existing public school or educational service center building or is
to be a new start-up school, and if it is a converted public school
or service center building, specification of any duties or
responsibilities of an employer that the board of education or
service center governing board that operated the school or building
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of
employees provided the delegation is not prohibited by a collective
bargaining agreement applicable to such employees;

(18)
Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing
authority of the community school;

(19)
A provision requiring the governing authority to adopt a policy
regarding the admission of students who reside outside the district
in which the school is located. That policy shall comply with the
admissions procedures specified in sections 3314.06 and 3314.061 of
the Revised Code and, at the sole discretion of the authority, shall
do one of the following:

(a)
Prohibit the enrollment of students who reside outside the district
in which the school is located;

(b)
Permit the enrollment of students who reside in districts adjacent to
the district in which the school is located;

(c)
Permit the enrollment of students who reside in any other district in
the state.

(20)
A provision recognizing the authority of the department to take over
the sponsorship of the school in accordance with the provisions of
division (C) of section 3314.015 of the Revised Code;

(21)
A provision recognizing the sponsor's authority to assume the
operation of a school under the conditions specified in division (B)
of section 3314.073 of the Revised Code;

(22)
A provision recognizing both of the following:

(a)
The authority of public health and safety officials to inspect the
facilities of the school and to order the facilities closed if those
officials find that the facilities are not in compliance with health
and safety laws and regulations;

(b)
The authority of the department as the community school oversight
body to suspend the operation of the school under section 3314.072 of
the Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to the
health and safety of the school's students and employees and the
sponsor refuses to take such action.

(23)
A description of the learning opportunities that will be offered to
students including both classroom-based and non-classroom-based
learning opportunities that is in compliance with criteria for
student participation established by the department under division
(H)(2) of section 3314.08 of the Revised Code;

(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.

(25)
Beginning in the 2006-2007 school year, the school will open for
operation not later than the thirtieth day of September each school
year, unless the mission of the school as specified under division
(A)(2) of this section is solely to serve dropouts. In its initial
year of operation, if the school fails to open by the thirtieth day
of September, or within one year after the adoption of the contract
pursuant to division (D) of section 3314.02 of the Revised Code if
the mission of the school is solely to serve dropouts, the contract
shall be void.

(26)
Whether the school's governing authority is planning to seek
designation for the school as a STEM school equivalent under section
3326.032 of the Revised Code;

(27)
That the school's attendance and participation policies will be
available for public inspection;

(28)
That the school's attendance and participation records shall be made
available to the department, auditor of state, and school's sponsor
to the extent permitted under and in accordance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and any regulations promulgated under that
act, and section 3319.321 of the Revised Code;

(29)
If a school operates using the blended learning model, as defined in
section 3301.079 of the Revised Code, all of the following
information:

(a)
An indication of what blended learning model or models will be used;

(b)
A description of how student instructional needs will be determined
and documented;

(c)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(d)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(e)
A statement describing how student progress will be monitored;

(f)
A statement describing how private student data will be protected;

(g)
A description of the professional development activities that will be
offered to teachers.

(30)
A provision requiring that all moneys the school's operator loans to
the school, including facilities loans or cash flow assistance, must
be accounted for, documented, and bear interest at a fair market
rate;

(31)
A provision requiring that, if the governing authority contracts with
an attorney, accountant, or entity specializing in audits, the
attorney, accountant, or entity shall be independent from the
operator with which the school has contracted.

(32)
A provision requiring the governing authority to adopt an enrollment
and attendance policy that requires a student's parent to notify the
community school in which the student is enrolled when there is a
change in the location of the parent's or student's primary
residence.

(33)
A provision requiring the governing authority to adopt a student
residence and address verification policy for students enrolling in
or attending the school.

(B)
The community school shall also submit to the sponsor a comprehensive
plan for the school. The plan shall specify the following:

(1)
The process by which the governing authority of the school will be
selected in the future;

(2)
The management and administration of the school;

(3)
If the community school is a currently existing public school or
educational service center building, alternative arrangements for
current public school students who choose not to attend the converted
school and for teachers who choose not to teach in the school or
building after conversion;

(4)
The instructional program and educational philosophy of the school;

(5)
Internal financial controls.

When
submitting the plan under this division, the school shall also submit
copies of all policies and procedures regarding internal financial
controls adopted by the governing authority of the school.

(C)
A contract entered into under section 3314.02 of the Revised Code
between a sponsor and the governing authority of a community school
may provide for the community school governing authority to make
payments to the sponsor, which is hereby authorized to receive such
payments as set forth in the contract between the governing authority
and the sponsor. The total amount of such payments for monitoring,
oversight, and technical assistance of the school shall not exceed
three per cent of the total amount of payments for operating expenses
that the school receives from the state.

(D)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department under division (B) of section 3314.015 of the Revised Code
and shall include the following:

(1)
Monitor the community school's compliance with all laws applicable to
the school and with the terms of the contract;

(2)
Monitor and evaluate the academic and fiscal performance and the
organization and operation of the community school on at least an
annual basis;

(3)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 3314.072 of
the Revised Code, or terminate the contract of the school pursuant to
section 3314.07 of the Revised Code as determined necessary by the
sponsor;

(5)
Have in place a plan of action to be undertaken in the event the
community school experiences financial difficulties or closes prior
to the end of a school year.

(E)
Upon the expiration of a contract entered into under this section,
the sponsor of a community school may, with the approval of the
governing authority of the school, renew that contract for a period
of time determined by the sponsor, but not ending earlier than the
end of any school year, if the sponsor finds that the school's
compliance with applicable laws and terms of the contract and the
school's progress in meeting the academic goals prescribed in the
contract have been satisfactory. Any contract that is renewed under
this division remains subject to the provisions of sections 3314.07,
3314.072, and 3314.073 of the Revised Code.

(F)
If a community school fails to open for operation within one year
after the contract entered into under this section is adopted
pursuant to division (D) of section 3314.02 of the Revised Code or
permanently closes prior to the expiration of the contract, the
contract shall be void and the school shall not enter into a contract
with any other sponsor. A school shall not be considered permanently
closed because the operations of the school have been suspended
pursuant to section 3314.072 of the Revised Code.

Sec.
3314.05.
(A)
The contract between the community school and the sponsor shall
specify the facilities to be used for the community school and the
method of acquisition. Except as provided in divisions (B)(3) and (4)
of this section, no community school shall be established in more
than one school district under the same contract.

(B)
Division (B) of this section shall not apply to internet- or
computer-based community schools.

(1)
A community school may be located in multiple facilities under the
same contract only if the limitations on availability of space
prohibit serving all the grade levels specified in the contract in a
single facility or division (B)(2), (3), or (4) of this section
applies to the school. The school shall not offer the same grade
level classrooms in more than one facility.

(2)
A community school may be located in multiple facilities under the
same contract and, notwithstanding division (B)(1) of this section,
may assign students in the same grade level to multiple facilities,
as long as all of the following apply:

(a)
The governing authority has entered into and maintains a contract
with an operator of the type described in division (A)(8)(b) of
section 3314.02 of the Revised Code.

(b)
The contract with that operator qualified the school to be
established pursuant to division (A) of former section 3314.016 of
the Revised Code.

(c)
The school's rating under section 3302.03 of the Revised Code does
not fall below
a
combination of any of the following for two or more consecutive
years:

(i)
A rating of "in need of continuous improvement" under
section 3302.03 of the Revised Code, as that section existed prior to
March 22, 2013;

(ii)
For the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years,
a rating of "C" for both the performance index score under
division (A)(1)(b) or (B)(1)(b) and the value-added dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve, the
building received a grade of "C" for the performance index
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the
Revised Code;

(iii)
For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021 school
years, an overall grade of "C" under division (C)(3) of
section 3302.03 of the Revised Code or an overall performance
designation of "meets standards" under division (E)(3)(e)
of section 3314.017 of the Revised Code;

(iv)
For the 2021-2022 school year and any school year thereafter,

an overall performance rating of three stars under division (D)(3) of
section 3302.03 of the Revised Code or an overall performance
designation of "meets standards" under division

(E)(3)(e)
(E)(5)

of section 3314.017 of the Revised Code.

(3)
On and after September 30, 2021, a new start-up community school may
be established in two school districts under the same contract
regardless of the proposed location of either district if both of the
following apply:

(a)
The school operates not more than one facility in each school
district and, in accordance with division (B)(1) of this section, the
school does not offer the same grade level classrooms in both
facilities; and

(b)
Transportation between the two facilities does not require more than
thirty minutes of direct travel time as measured by school bus.

(4)
A community school may be located in multiple facilities under the
same contract and, notwithstanding division (B)(1) of this section,
may assign students in the same grade level to multiple facilities,
as long as both of the following apply:

(a)
The facilities are all located in the same county or in any county
adjacent to the county in which the community school's primary
facility is located.

(b)
Either of the following conditions are satisfied:

(i)
The community school is sponsored by a board of education of a city,
local, or exempted village school district having territory in the
same county where the facilities of the community school are located
or in any county adjacent to the county in which the community
school's primary facility is located;

(ii)
The community school is managed by an operator.

In
the case of a community school to which division (B)(4) of this
section applies and that maintains facilities in more than one school
district, the school's governing authority shall designate one of
those districts to be considered the school's primary location and
the district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter and shall notify the department of that designation.

(5)
Any facility used for a community school shall meet all health and
safety standards established by law for school buildings.

(C)
In the case where a community school is proposed to be located in a
facility owned by a school district or educational service center,
the facility may not be used for such community school unless the
district or service center board owning the facility enters into an
agreement for the community school to utilize the facility. Use of
the facility may be under any terms and conditions agreed to by the
district or service center board and the school.

(D)
Two or more separate community schools may be located in the same
facility.

(E)
In the case of a community school that is located in multiple
facilities, beginning July 1, 2012, the department shall assign a
unique identification number to the school and to each facility
maintained by the school. Each number shall be used for
identification purposes only. Nothing in this division shall be
construed to require the department to calculate the amount of funds
paid under this chapter, or to compute any data required for the
report cards issued under section 3314.012 of the Revised Code, for
each facility separately. The department shall make all such
calculations or computations for the school as a whole.

(F)(1)
In the case of a community school that exists prior to September 30,
2021, to which division (B)(3) of this section applies, if only one
of the school districts in which the school is established was
located in a challenged school district prior to September 30, 2021,
that district continues to be considered the school's primary
location and the district in which the school is located for the
purposes of division (A)(19) of section 3314.03 and divisions (C) and
(H) of section 3314.06 of the Revised Code and for all other purposes
of this chapter unless and until the school's governing authority
designates a different school district as the school's primary
location in accordance with division (F)(2) of this section. If both
of the school districts in which the school is established were
challenged school districts on that date, and the primary location
was already designated by the school's governing authority pursuant
to the requirements of this section as it existed prior to September
30, 2021, that designation remains unless and until the school's
governing authority designates a different primary location.

(2)(a)
On and after September 30, 2021, when a new start-up community school
is established in two school districts under the same contract, the
school's governing authority shall designate one of those districts
to be considered the school's primary location and the district in
which the school is located for the purposes of division (A)(19) of
section 3314.03 and divisions (C) and (H) of section 3314.06 of the
Revised Code and for all other purposes of this chapter and shall
notify the department of education and workforce of that designation.

(b)
A community school governing authority that elects to modify a
community school's primary location, whether in accordance with
division (F)(1) of this section or otherwise, shall notify the
department of that modification.

Sec.
3314.29.
(A)
This section applies to any internet- or computer-based community
school that meets all of the following conditions:

(1)
Serves all of grades kindergarten through twelve;

(2)
Has an enrollment of at least two thousand students;

(3)
Has a sponsor that was not rated ineffective or poor on its most
recent evaluation under section 3314.016 of the Revised Code.

(B)
Beginning with the 2018-2019 school year, the governing authority of
a community school to which this section applies may adopt a
resolution to divide the school into two or three separate schools as
follows:

(1)
If the school is divided into two schools, one school shall serve
grades kindergarten through eight and one school shall serve grades
nine through twelve.

(2)
If the school is divided into three schools, one school shall serve
grades kindergarten through five, one school shall serve grades six
through eight, and one school shall serve grades nine through twelve.

(C)
The resolution adopted by the governing authority shall not be
effective unless approved by the school's sponsor. Following approval
of the resolution by the sponsor, and by the fifteenth day of March
prior to the school year in which it will take effect, the governing
authority shall file the resolution with the department of education
and workforce. The division of the schools shall be effective on the
first day of July succeeding the date the resolution is filed with
the department.

(D)
All of the following shall apply to each new school created as a
result of the resolution authorized by this section and to the school
that is divided as a result of the resolution:

(1)
Each school shall have the same governing authority.

(2)
The sponsor and governing authority shall enter into a separate
contract under section 3314.03 of the Revised Code for each school.

(3)
No school shall primarily serve students enrolled in a dropout
prevention and recovery program operated by the school.

(4)
No school shall be permitted to divide again under this section.

(5)
Notwithstanding anything to the contrary in division (B)(2) of
section 3314.016 of the Revised Code, each school shall be included
in the calculation of the academic performance component for purposes
of rating the schools' sponsor under the evaluation system prescribed
by that section.

(6)
Each school shall be subject to the laws contained in Chapter 3314.
of the Revised Code, except as otherwise specified in this section.

(E)
The department shall issue a report card under section 3314.012 of
the Revised Code for each new school created as a result of the
resolution authorized by this section and for the school that is
divided as a result of the resolution. For purposes of the report
cards and other reporting requirements under this chapter, the
department shall assign the school that serves the highest grades the
same internal retrieval number previously used by the school that is
divided under this section. The department shall assign a new
internal retrieval number to each other school resulting from the
division.

Notwithstanding
division (A) of section 3314.012 of the Revised Code, the ratings a
school receives on its report card for the first two full school
years after the division under this section shall count toward

closure
of the school under
required
action for poorly performing community schools under
section
3314.35 of the Revised Code and any other matter that is based on
report card ratings or measures.

Sec.
3314.35.
(A)
This section applies to a community school that, for the three most
recent school years, meets any combination of the following criteria:

(1)
The school meets all of the following criteria:

(a)
The school offers a grade level higher than three.

(b)
The school has been ranked by the department of education and
workforce according to performance index score in the bottom five per
cent of all ranked school buildings in the state.

(c)
The school has been ranked by the department according to effect size
under the value-added progress dimension in the bottom ten per cent
of all ranked school buildings in the state.

(d)
A majority of the students enrolled in the school are not enrolled in
a dropout prevention and recovery program.

(2)
The school meets both of the following:

(a)
A majority of the students enrolled in the school are enrolled in a
dropout prevention and recovery program.

(b)
The school 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.

(B)
The department shall provide notice to any community school to which
this section applies of that fact. The governing authority of a
community school to which this section applies shall do one of the
following at the conclusion of the school year in which the school
first becomes subject to this section:

(1)
Permanently close. 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.

(2)
Contract with one of the following entities to operate the school:

(a)
An education management organization or charter management
organization that is approved by the department and meets at least
one of the following conditions:

(i)
The organization has experience in improving school performance;

(ii)
The schools managed by the organization have received an average of
at least three stars in the achievement and progress components under
division (D)(3) of section 3302.03 of the Revised Code on the most
recent report card issued by the department.

(b)
A school district that meets both of the following:

(i)
The district has received an overall rating of at least four stars on
its most recent report card issued under section 3302.03 of the
Revised Code and has experience improving school performance, as
determined by the department;

(ii)
The district does not operate any school building that is subject to
section 3302.12 of the Revised Code.

(c)
An educational service center that has experience in school
improvement and meets criteria established by the department;

(d)
A private college as defined in section 3365.01 of the Revised Code
that has experience in school improvement and meets criteria
established by the department;

(e)
A state institution of higher education as defined in section
3345.011 of the Revised Code that has experience in school
improvement and meets criteria established by the department.

(3)
Replace the principal and at least a majority of licensed staff of
the school. Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, this provision prevails over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after the effective date of this
section.

(4)
Work with a department-approved external service provider with
expertise in school improvement.

(C)
If the governing authority of a community school subject to this
section implements any alternative to closure under division (B) of
this section or any combination of alternatives to closure under that
division and the school continues to meet the criteria described in
division (A) of this section for the next three consecutive school
years, beginning with the school year in which an alternative to
closure is first implemented, the governing authority shall
permanently close the school pursuant to division (B)(1) of this
section.

(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.

(E)
The department may adopt rules as necessary to implement this
section.

(F)
The department shall not consider report cards issued prior to the
2024-2025 school year in determining whether a community school is
subject to this section.

Sec.
3314.352.
No
community school that is permanently closed under section 3314.35 or

former
section
3314.351
of the Revised Code
as
it existed prior to the effective date of this amendment
may
be reopened under another name if any of the following conditions are
true:

(A)
The new school has the same sponsor as the closed school.

(B)
The new school has the same chief administrator as the closed school.

(C)
The governing authority of the new school consists of any of the same
members that served on the governing authority of the closed school
during that school's last year of operation.

(D)
Fifty per cent or more of the teaching staff of the new school
consists of the same individuals who were employed as teachers at the
closed school during that school's last year of operation.

(E)
Fifty per cent or more of the administrative staff of the new school
consists of the same individuals who were employed as administrators
at the closed school during that school's last year of operation.

(F)
The performance standards and accountability plan prescribed by the
sponsor contract for the new school, entered into under section
3314.03 of the Revised Code, are the same as those for the closed
school.

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
required
action for poorly performing community schools
under
section 3314.35
or
3314.351
of
the Revised Code;

(B)
Community schools that are at risk of becoming subject to
permanent
closure
required
action for poorly performing community schools
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.

Sec.
3314.354.
Not
later than the thirty-first day of July of each year, the department
of education and workforce shall submit preliminary data on community
schools at risk of becoming subject to
permanent
closure
an
action required for poorly performing community schools
under
section 3314.35
or
3314.351
of
the Revised Code.

Sec.
3326.53.
(A)
This section applies to a STEM school that, for the three most recent
school years, meets all of the following criteria:

(1)
The STEM school offers a grade level higher than three;

(2)
The STEM school has been ranked by the department of education and
workforce according to performance index score in the bottom five per
cent of all ranked school buildings in the state;

(3)
The STEM school has been ranked by the department according to effect
size under the value-added progress dimension in the bottom ten per
cent of all ranked school buildings in the state.

(B)
The department shall provide notice to any STEM school to which this
section applies of that fact. In the case of a STEM school to which
this section applies, the governing body of the STEM school shall do
one of the following at the conclusion of the school year in which
the STEM school first becomes subject to this section:

(1)
Close the school;

(2)
Contract with one of the following entities to operate the school:

(a)
An education management organization or charter management
organization that is approved by the department and meets at least
one of the following conditions:

(i)
The organization has experience in improving school performance;

(ii)
The schools managed by the organization have received an average of
at least three stars in the achievement and progress components under
division (D)(3) of section 3302.03 of the Revised Code on the most
recent report card issued by the department.

(b)
A school district that meets both of the following:

(i)
The district has received an overall rating of at least four stars on
its most recent report card issued under section 3302.03 of the
Revised Code and has experience improving school performance, as
determined by the department;

(ii)
The district does not operate any school building that is subject to
section 3302.12 of the Revised Code.

(c)
An educational service center that has experience in school
improvement and meets criteria established by the department;

(d)
A private college as defined in section 3365.01 of the Revised Code
that has experience in school improvement and meets criteria
established by the department;

(e)
A state institution of higher education as defined in section
3345.011 of the Revised Code that has experience in school
improvement and meets criteria established by the department.

(3)
Replace the principal and at least a majority of licensed staff of
the school. Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, this provision prevails over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after the effective date of this
section.

(4)
Work with a department-approved external service provider that has
expertise in school improvement.

(C)
If the governing body of a STEM school subject to this section
implements any alternative to closure under division (B) of this
section or any combination of alternatives to closure under that
division and the school continues to meet the criteria described in
division (A) of this section for the next three consecutive school
years, beginning with the school year in which an alternative to
closure is first implemented, the governing body shall close the
school pursuant to division (B)(1) of this section.

(D)
The department may adopt rules as necessary to implement this
section.

(E)
The department shall not consider report cards issued prior to the
2024-2025 school year in determining whether a STEM school is subject
to this section.

Section
2.
That
existing sections 3301.0712
,
3302.03, 3302.034
,
3302.036, 3302.12, 3313.413, 3314.012, 3314.016, 3314.017, 3314.0211,
3314.03
,
3314.05
,
3314.29, 3314.352, 3314.353, and 3314.354 of the Revised Code are
hereby repealed.

Section
3.
That
sections 3314.35, 3314.351, 3314.355, and 3314.36 of the Revised Code
are hereby repealed.

Section
4.
Sections
1 to 3 of this act take effect July 1, 2025.

Section
5.
Section
3314.03 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 214, H.B. 250, and S.B. 168, all of
the 135th General Assembly. 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 composite is the resulting
version of the section in effect prior to the effective date of the
section as presented in this act.